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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.11

DATE: July 21, 2026

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: General Services Agreement 32700034 with Quinn Company, for As-needed On-Call Preventative Maintenance, Repairs, Annual Testing, and Rental Services.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute an Agreement with Quinn Company in an amount not to exceed $2,250,000 for a five-year term from July 22, 2026, through July 21, 2031, for as-needed preventative maintenance, on-call repairs, annual testing, and rental services for the Public Works Department.

(Public Works and Transportation Committee approved 3-0 on June 23, 2026.)

BACKGROUND

The Public Works Department utilizes a diverse fleet of specialized heavy machinery and equipment—including skid- steers, skip loaders, excavators, backhoes, and backup generators—to support the continuous operations of the Water, Wastewater, Stormwater, Streets, Facilities, Parks, and Environmental Resources Divisions. This critical equipment performs essential utility tasks, such as earth and sand excavation, utility line exposure, solid waste processing, and emergency backup power generation. To maintain maximum fleet operational readiness and reliability, the Department utilizes on-call agreements for as-needed maintenance, minor diagnostic repairs, programming, mandatory annual compliance testing, and proprietary equipment rentals. The Public Works Department has successfully leveraged this service delivery model across multiple operating divisions for approximately 12 years.

DISCUSSION

The Public Works Department requests authorization to execute a sole-source agreement with Quinn Company for a total not-to-exceed amount of $2,250,000, spanning July 22, 2026, through July 21, 2031. As the authorized regional dealer for Caterpillar (CAT) and Weiler equipment, Quinn Company is the exclusive local provider capable of supplying Original Equipment Manufacturer (OEM) exact-fit parts, factory-authorized warranty services, and proprietary technical repairs.

Using OEM parts helps with warranty items and ensures proper fit and operations on a go-forward basis.

Staff is consolidating the services from three agreements with Quinn into a new single, comprehensive contract with Quinn and with new term dates. This consolidation combines the following existing services from the following agreements:

324
Agreement # Term Date Services
32600219 6/30/26 On-Call Preventative Maintenance and Repairs for Weiler Equipment 32400001 6/30/26 On-Call Preventative Maintenance and Repairs for Portable Generators and Heavy Equipment Services
32400281 2/19/27 On-Call Maintenance & Minor Repair for Stationary Generators

The proposed consolidated master agreement is a Negotiated Sole Source (NSS) based on proprietary necessity and follows the City’s Purchasing Policy. Quinn Company is the exclusive, authorized regional dealer and service provider for CAT and Weiler proprietary equipment. Utilizing non-certified vendors would void active manufacturer warranties, compromise critical infrastructure assets, and risk operational non-compliance.

Merging these independent contracts into a unified agreement serves several key operational and administrative purposes:

1. Administrative Efficiency: Managing one master contract reduces administrative overhead, simplifies the renewal process, and cuts down on repetitive paperwork for both staff and the vendor.

2. Streamlined Invoicing: Combining services under a single contract centralizes billing, making financial tracking, auditing, and invoice processing faster and less error-prone.

3. Unified Service Terms: A single contract standardizes terms, conditions, response times, and labor rates across all equipment categories, ensuring consistency and clear accountability.

4. Optimized Oversight: Managing one comprehensive contract allows staff to monitor vendor performance and total expenditures more effectively through a single point of contact.

This agreement will support Caterpillar and Weiler assets operated by the Fleet Services, Wastewater, and Environmental Resources divisions. Beyond critical maintenance, programming, and compliance testing, the contract secures access to specialized rental equipment to ensure uninterrupted operations during extended maintenance or repair cycles.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this Agreement 32700034 shall not exceed $2,250,000 over the term of five years, with no option to extend. Sufficient appropriations are included in the FY 2026-27 Operating budgets approved by the City Council on June 16, 2026 for these services. Funding for subsequent fiscal years will be requested during the annual budget process for the City Council’s consideration.

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ESTIMATED SPENDING PLAN
Division Account FY 26-27 FY 27-28 FY 28-29 FY 29-30 FY 30-31 Total Environmental Resources 6313636-52110 $100,000 $100,000 $100,000 $100,000 $100,000 $500,000 Environmental Resources 6313630-53200 $20,000 $20,000 $20,000 $20,000 $20,000 $100,000 Environmental Resources 6313636-57000 $25,000 $25,000 $25,000 $25,000 $25,000 $125,000 Wastewater 6113615-53200 $35,000 $35,000 $35,000 $35,000 $35,000 $175,000 Wastewater 6113615-52400 $5,000 $5,000 $5,000 $5,000 $5,000. $25,000 Wastewater 6113613-53200 $5,000 $5,000 $5,000 $5,000 $5,000 $25,000 Water 6013600-53200 $20,000 $25,000 $30,000 $35,000 $40,000 $150,000 Water 6013605-53200 $7,000 $10,000 $13,000 $16,000 $19,000 $65,000 Stormwater 1143502-57000 $80,000 $80,000 $80,000 $80,000 $80,000 $400,000 Stormwater 1143502-53200 $5,000 $5,000 $5,000 $5,000 $5,000 $25,000 Fleet 7413750-55030 $ 80,000 $90,000 $100,000 $110,000 $120,000 $500,000 Facilities 7353740-57000 $5,000 $5,000 $5,000 $5,000 $5,000 $25,000 Parks 1013301-57000 $10,000 $10,000 $10,000 $10,000 $10,000 $50,000 Streets 1813401-57000 $15,000 $15,000 $15,000 $15,000 $15,000 $75,000 As-Needed Various $2,000 $2,000 $2,000 $2,000 $2,000 $10,000 Total $414,000 $432,000 $450,000 $468,000 $486,000 $2,250,000

COMMITTEE OUTCOME

The Public Works and Transportation Committee voted 3-0 on June 23, 2026 to approve the staff recommendation and to forward the item for Council's consideration.

Please click here to view the Measure M pre-recorded presentation video.

Please click here to view the June 23, 2026 Public Works and Transportation Committee Meeting recording.

Prepared by: Nicole Riley, Environmental Resources Manager, Jose Arreola, Fleet Services Manager, Brian Yanez, Assistant Public Works Director

ATTACHMENTS

1. Agreement 32700034

2. Prior Agreement Schedule of Compensation - 32600219

3. Prior Agreement Schedule of Compensation - 32400001

4. Prior Agreement Rates - 32400281

326

GENERAL SERVICE AGREEMENT

BETWEEN

THE CITY OF OXNARD AND QUINN COMPANY
By This General Services Agreement
(“Agreement”), the CITY of Oxnard (“City”)
agrees to
engage the services of Quinn Company (“Service Provider”), and Service Provider agrees to perform the services for City as herein described, for the compensation, d
uring the term,
and otherwise subject to the covenants and
conditions herein set forth. City and Service Provider may be individually referred to as “
Party” or collectively as the “Parties.”

1. [INTENTIONALLY
OMITTED]

2. SUMMARY DESCRIPTIO
N OF SERVICES.

Negotiated Sole So
urce Agreement for inspection, preventative maintenance, and repair of various types of portable, stationary, and heavy equipment as described in the Scope of Service, attached hereto as Exhibit A.

The Services to be per
formed pursuant to this agreement are described in the
Scope of Services, attached hereto as Exhibit A. Service Provider may not be the exclusive provider of services to the City. The City does not guarantee a specified amount of work under this agreement.

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 Quinn Company, a corporation of t
he State of California, located at 10006 Rose
Hills Road, City of Industry, California 90601
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327

4. TERM OF AGREEMENT: From: July 22, 2026 To: July 21 , 2031 A. Time is of the essence in this Agreement.

B. This Agreement
does not have any options to extend.

C. This Agreement
shall not exceed a total of five (5) years (including the initial term
and any options to extend).

D. All services required of Service Provider under this Agreement shall be completed on or before the end of the term of the A greement.

5. AGREEMENT
AMOUNT
NOT TO EXCEED: $2,250,000.00.1

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

7. DESIGNATED REPRESENTATIVES.

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

City Designated Representative
Name: Nicole Riley
Title: Environmental Resource Manager
Phone: 805-385-7957
Em
ail: [email protected]
Address: 111 South Del Norte Blvd.

Oxnard, California 93030
Service Provider Designated
Representative
Name: Fernando Gonzalez
Title: Product Support Serv. Rep.

Phone: 805-278-8715
Email: [email protected]
Address: 801 Del Norte Blvd.

Oxnard, CA 93030
1 This is not a guaranteed dollar amount. No services or work performed pursuant to a Task Order shall exceed the “Not to Exceed” Amount of the Contract or the agreed upon amount stated in the Task Order.

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

A. Service Prov
ider is advised that any recommendation for Agreement
award is not binding on the City until the Agreement is fully executed and approved by the City.

B. All proof of business license, insurance, and W-9 forms is r equired
prior to execution of this Agreement.

C. Service Provider shall not perform any work under this Agreement until a proof of insur
ance has been provided to the City as required under
Section 26 of this Agreement.

9. SERVICE PROVIDER
’S SERVICES.

A. Service Prov
ider shall perform only the type or category of services as set forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 13 of this Agreement.

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

10. COMPENSATION. City shall pay Service Provider for the services performed pursuant to the terms of this Agreement and based on the hourly rates and fees set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” Under no circumstances shall the Service Provider perform work in excess of the amount stated in the not to exceed amount 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.

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

A. Payment Request
. Service Provider shall submit a payment request to
City by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Invoices may be emailed to: [email protected].

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

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

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

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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 Service Provider 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 or any Task Order issued under this Agreement. A written amendment signed by both Parties shall be required to authorize performance of and payment for Extra Services under this Agreement or Task Order.

14. TERMINATIO
N 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 Service Provider only for work done by Service Provider up to and including the date of termination of this Agreement unless the termination is for cause, in which event Service Provider need be compensated only to the extent required by law. Service Provider may terminate this Agreement at any time during the term of the Agreement by giving the City sixty (60) calendar days’ written notice.

15. [RESERVED]

16. INDEPENDENT CONT
RACTOR. Service Provider is and shall at all times
remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of Service Provider or any of its employees, except as stated in this Agreement. Service Provider has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting Service Provider. This Agreement shall not be interpreted to prevent or preclude Service Provider from rendering any services for Service Provider’s own account or to any other person or entity as Service Provider in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the Service Provider shall perform for the Agreement 32700034

331
City. The City retains the right to provide general instructions to and observe the Service Provider in the performance of all services done on behalf of the City.

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

Service Provider shall not, at any time or in any manner, represent that it or any of its agents, subcontractors, or employees are in any manner agents, subcontractors, or employees of City.

17. LAWFUL PERFO
RMANCE. Service Provider shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement. Service Provider, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

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

19. OWNERSHIP OF
SERVICE PROVIDER’S WORK PRODUCT,
CONFIDENTIALITY & DISCLOSURE. City shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by Service Provider in performance of this Agreement and shall be entitled to immediate possession of the same upon Agreement 32700034

332
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 D
ocuments. Every report, draft, work product, map,
record, and other document reproduced, prepared, or caused to be prepared by the Service Provider pursuant to or in connection with this Agreement shall be the exclusive property of the City.

B. Records and Inspections. The Servi
ce Provider shall maintain full and
accurate records, with respect to all services and matters covered under this Agreement. The City shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.

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

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

E. Disclosure of Information. Service Provider shall not disclose, publish, or authorize ot
hers to disclose or publish, design data, drawings,
specifications, reports, or other information pertaining to the projects assigned to Service Provider by the City or other information to which the Service Provider has had access during the term of this Agreement Agreement 32700034

333
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 Service Provider in reliance on any Confidential Information disclosed under this Agreement.

20. ASSIGNMENT.

This Agreement is for the non-professional services of Service Provider. Any attempt by Service Provider to assign the benefits or burdens of this Agreement without the prior written approval of City shall be prohibited and shall be null and void. Service Provider 's services pursuant to this Agreement shall be provided by the Service Provider’s Designated Representative or directly under his/her supervision, and Service Provider shall not assign another to supervise the Service Provider 's performance of this Agreement without the prior written approval of City, by and through the City’s Designated Representative.

21. NOTICE OF BREACH AND O
PPORTUNITY 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. NOTICES. All
notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first-class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 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.

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PARTS
All parts used to provide repairs would be new Weiler or CAT original equipment manufacturer (OEM). Any incidental charges shall be included in the contractor’s hourly rate. Vendor shall furnish new unused O.E.M. parts, materials, and labor as required in accordance with the provisions and specifications contained herein. If OEM parts are not available or obsolete, notification to the City of Oxnard is required for approval.

All purchased or installed parts and supplies shall be warrantied for a minimum period of twelve (12) months or twelve thousand (12,000) miles, or for any manufacturer's warranty period, whichever is greater. Warranty-covered parts shall be replaced with new parts. All warranty information will be made available to the City of Oxnard.

EQUIPMENT RE
NTAL (non-emergency & emergency)
City may require equipment rental of Wheel Loaders, Skid Steers, Forklifts, Mowers, Bull Dozers, Excavators, Generators, Engines, and other related or ancillary equipment. Rental equipment during regular business hours (non- emergency) will be ready for pick-up or delivery to City locations within 4 hours of placement of the order. Rental equipment after hours (emergency), weekends, and holidays. The Call-out minimum is 4 hours.

PAYMENT
All Work
will be pre-approved by the respective division's Project Manager prior to starting Work. Invoices shall include all materials, labor, and taxes. A separate invoice is required for each work request issued pursuant to the Contract. The Service Provider's markup on the purchase of materials or rental of equipment shall not exceed fifteen percent (15%) of the Service Provider's costs. The Service Provider shall only invoice for time spent at the locations of service. The City shall not pay for time spent in route or traveling to acquire parts or supplies unless approved by the Project Manager.

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

24. WAIVER.

City’s review or acceptance of, or payment for, work pr oduct prepared by
Service Provider under
this Agreement will not be construed to operate as a
waiver of any r
ights City may have under this Agreement or of any cause of action arising from Service Provider’s p
erformance. 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 c
ontained in this Agreement, whether of the same or
different character.

25. INDEMNIFICATION, HOLD HARMLESS
& DEFENSE.

A. As a separate and independent covenant from Service Provider’s obligations under this
section, Service Provider shall to the fullest
extent permitted by law,
immediately defend, indemnify, and hold
harmless City, its
legislative and advisory bodies, and the City’s
officials, directors, officers,
employees, and agents (the “Indemnitees”)
from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from Service Provider’s negligence or willful misconduct in the performance of
the services described in this
Agreement or failure to comply with any of its obligations contained in this Agreement, Service Liabilities
subject to the duties to defend and
indemnify include, without
limitation, all claims, losses, damages,
penalties, fines, and
judgments; associated investigation and
administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Service Provider’s obligation t o indemnify and defend applies unless it is proven such liabilities covered by this Section are the result of negligence or willful misconduct of any of the Indemnitees.

B. The duty t o defend is a separate and distinct obligation from Service Provider’s duty to indemnify. Service Provider shall be obligated to defend in al
l legal,
equitable, administrative, or special proceedings,
with counsel approved
by the City Attorney, immediately upon tender
to Service Provider of
the claim in any form or at any stage of an action
or proceeding, whether or not liability is established. An allegation negligence or willful
misconduct by any of the Indemnitees shall not
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336
defend the Indemnitees. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if Service Provider asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the negligence or willful misconduct of any of the Indemnitees, Service Provider may submit a claim to City for reimbursement of reasonable attorneys’ fees and defense costs.

C. The review, acceptance or approval of Service Provider’s work or work product by any of the Indemnitees shall not affect, relieve or reduce Service Provider’s indemnification or defense obligations. Service Provider waives any right of contribution against City or any of City’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by Service Provider pursuant to this Agreement. The provisions of this Section shall not be restricted by and do not affect the provisions of this Agreement relating to Section 26. The Service Provider’s obligations under this Section of the Agreement shall survive the termination of the Agreement.

D. Service Provider agrees to pay all required taxes on amounts paid to Service Pr
ovider under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Service Provider shall be solely responsible for, and shall save City harmless from, all matters relating to the payment of Service Provider’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer-employee relations, as applicable. City shall have the right to offset against the amount of any compensation due to Service Provider under this Agreement any amount due to City from Service Provider as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section.

26. INSURANCE. Servi
ce Provider shall obtain and maintain during the
performance of any services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that Service Provider obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. Service Provider Agreement 32700034

337
shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”.

Maintenance of insurance coverages by Service Provider is a material element of this Agreement. Service Provider’s failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.

27. LIVING WAGE RE
QUIREMENTS. During the term of this Agreement, Service
Provider understands and agrees that if Living Wages are applicable subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit E” to this Agreement. Service Provider will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the services provided for by this Agreement. The duty to pay the correct wage is the responsibility of the Service Provider.

28. PREVAILING WAGE REQUIREMENTS. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty- five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work. Prevailing wages are required to be paid to all workers, including subcontracted employees. For further information regarding Prevailing Wage Requirements please refer to Exhibit “F” attached to this Agreement.

A. To determine if t
his Agreement is subject to compliance monitoring and
enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html B. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.

C. In the event that there is a difference between the amount of wages to be paid under the City of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the Service Provider.

29. CONFLICT OF INTEREST. Service Provider covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Service Provider’s services under this Agreement. Service Provider further covenants that in the performance Agreement 32700034

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of services under this Agreement, no officer, employee or agent of Service Provider having such interest shall be employed by it. In the event the City determines that Service Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Service Provider shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk.

Acquisition or maintenance of a conflicting interest by Service Provider may result in termination of this Agreement by the City.

30. IRAN CONTRACTING ACT. In accordance with the Iran Contract Act of 2010 (Public Contract Code s
ections 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 ac
tivities in Iran described in subdivision (a) of Public Contract Code Section
2202.5, or as a person described in subdivision (b) of
Public Contract Co
de Section 2202.5, as applicable.

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

31. SUBCONTRACTING. If Service Provider requires the assistance of a subcontractor to render
any services under this agreement, Consultant shall
obtain prior written consent f
rom the City before a subcontractor performs any
service pursuant to this Agreement.

All subcontractors shall be identified in the
Scope of Work
or Task Order attached to this Agreement as Exhibit A. Service Provider is f
ully responsible for satisfactory completion of all its subcontractors’ work. All s
ubcontractors shall be properly licensed and insured; and bonded, if applicable. Service Provider shall be responsible for all liabilities regardless of nature, type, or
cause, arising out of or resulting from or in connection with subcontractors performance pursuant to this
Agreement or subcontractors failure
to comply with any of
its obligations in connection with this Agreement.

32. 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 Repr
esentative, who shall reduce this decision to writing
and mail a copy t
o the Service Provider. The decision of the City’s Designated Agreement 32700034

339
Representative shall be final and conclusive unless Service Provider requests mediation within ten (10) calendar days. Pending final decision of a dispute, the Service Provider shall proceed diligently with the performance of the Agreement and in accordance with the decision of the City’s Designated Representative.

33. DISPUTE RESO
LUTION. Should an unresolved dispute arise out of this
Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty-five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.

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

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

36. NONDISCRIMINATO
RY EMPLOYMENT. Service Provider shall not unlawfully
discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status.

Service Provider understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, Service Provider shall be responsible for such subcontractor’s compliance with this Section.

37. FORCE MAJEURE.

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

38. 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.

39. 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.

40. INTEGRATED AGRE
EMENT. This Agreement and the attached exhibits
referenced herein to this Agreement represent the entire understanding between the Parties. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.

41. NO THIRD-PARTY B
ENEFICIARY. This Agreement shall not be construed to
be an agreement for the benefit of any third-party or parties, and no third party or parties shall have any claim or right of action under this Agreement.

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42. AUTHORITY TO EXECUTE. Each Party hereto expressly warrants and represents that through its Designated Representative it has the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the Designated Representative has the authority to bind each Party to the performance of its obligations hereunder.

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

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

45. ACKNOWLEDGEME
NT. By signing below, Service Provider acknowledges that it has reviewed the City’s General Services Agreement terms and conditions and insurance requirements and that Service Provider hereby agrees to full compliance.
[Signatures
on next page]
Agreement 32700034

342
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 QUINN COMPANY
______
☐Luis A. Mc Arthur, Mayor2 Date Spencer Quinn, Date
☐
Libertad Macías,3 Senior Vice Presid ent
Purchasing Manager
__
Michelle Locke, CFO4 Date
ATTEST:

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

Stephen M. Fischer, CITY Date
Attorney (always required)
2 The City Council must authorize and the Mayor must execute any agreement over $220,000. 3 The Purchasing Agent may execute any authorized agreement up to $220,000. 4 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

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

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EXHIBIT A

GENERAL SERVICE AGREEMENT
(City of Oxnard and Quinn Company)

SCOPE OF SERVICES

PROJECT M
ANAGER: Jose Arreola / 805-385-8011 / [email protected] General S
pecifications
The City of
Oxnard owns and operates various types of heavy equipment, including but not limited to backhoes, excavators, wheel loaders, pavers, forklifts, and generators, portable and stationary. Service Provider shall provide diagnosis, estimate of needed repairs, parts, mechanical and electrical repairs, and testing.

The work shall be performed at City facilities or the Service Provider’s location and must be agreed in advance, in writing, by the City of Oxnard staff. The SERVICE PROVIDER shall furnish all necessary labor, materials, equipment, and other incidental and appurtenant Work to provide Generator and Equipment Preventive Maintenance and Repair Services for the City of Oxnard.

The Servic
e Provider is the Manufacturer's authorized sales and service provider for the products in the scope of work.

The Servi
ce Provider is an authorized representative of the products in the scope of work in the territory/local area where the service shall be performed.

The work shall be performed at the Service Providers shop or at any City Facility as agreed upon ahead of time by City of Oxnard staff.

GENERAL SHO

P REQUIREMENTS
SERVICE PROVIDER shop will meet the following minimum requirements:
a. Be able to perform complete mechanical repairs
b. Maintain a secure storage area for all City of Oxnard-owned equipment

PREVENT

IVE MAINTENANCE

PM INSPECTION
• Comprehensive detailed inspection of unit(s)
• Check/adjust all fluid levels and pressures for correct operation • Check and inspect the air cleaner restriction gauge and filter element • Check the primary source fuel tank for water with water finding paste • Check Day Tank. Fuel Tank, Fuel line fittings for leaks Agreement 32700034

344
• Check cooling system hoses, caps, and clamps for brittleness, leaks, cracks and weakness
• Check battery voltages, charging rates, and fluid levels • Engine cranking batteries will be tested under start -up load for voltage drop
• Block Heater elemen ts and inlet/outlet I -stats are checked for proper output and operation
• Engine Fan Drive and belts are inspected and adjusted for proper tension and condition
• Check Turbo Charger rotation/end play if necessary
• Check generator brushes for proper tension/setting as equipped • Check and document Control Panel instruments for proper operation and values
• Grease bearings, fan shafts, linkages, and equipment fittings as required
• Hot oil sample taken and submitted for analysis
• Test safety alarms and contacts
• R un unit under load for up to 15 minutes when authorized by City • Change crankcase oil, oil filter(s) fuel filter(s), water separator(s), as necessary
• Change air filter if necessary
• Submit report to City
Other Serv
ices as recommended or required
• Change oil fi
lter(s), fuel filters(s), water separator(s), coolant filter(s) as equipped. Optional air filter
• Replace coolant as needed
• Submit detailed report
Other Serv
ices (as needed)
Includes,
but not limited to system diagnostics, and other services not specifically defined under Preventative Maintenance or Repairs. All such services shall be performed only upon agreement by City Staff and shall be billed in accordance with the applicable labor rates in the Schedule of Compensation.

LOAD BANK TEST
ING
• Connect resistive load bank as applicable to generator • Run test with requested load for 2 hour test duration • Record readings and provide recommendations, if needed • Disconnect load bank from unit
• Return unit back to original mode of operation
• Submit detailed report
Service P
rovider shall provide stand-in units in the event City owned equipment must be offline for service.

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EQUIPMENT
Includes but is not limited to: fluid and filter replacements, and service to common mechanical and electrical systems in accordance with the original equipment manufacturer's recommended services.

INSPECTIONS
Includes
performing safety inspections, subject
to and not subject to OSHA and/
or any regulating entity.

REPAIRS
Includes
but is not limited to engine
and engine components,
transmission, hydraulic system, suspension system, fuel system, cooling system, braking system, and electrical system. Includes replacement of defective or failed parts.

The City reserves t
he r
ight to remove and/or add equipment to the
agreement based on the needs of the City.

Estimate Process Requirements:

SERVICE PROVIDER will pr ovide estimates for services on an as-n eeded basis as requested by the City of Oxnard. Estimates will include:
a. Make, model, and mileage of vehicle license plate number, VIN, and City of Oxnard unit number
b. Itemized list of description of work to be performed c. Estimated number of labor hours of task
d. Itemized list of parts and paint materials costs
e. All incidentals or misc ellaneous shop supplies and charges shall be included and priced accordingly
f. Total repair estimate is to include sales tax
g. Approximate schedule to complete the repairs after receiving a notice to proceed
h. If applicable, any recommendations for future repairs Prior to any repair, the SERVICE PROVIDER and City Project Manager will review the estimate and confirm that the estimate includes an accurate description of the condition of the equipment. All repair estimates require approval by the City of Oxnard in writing prior to performing the work. Repair work will not start until a notice to proceed is received. Vendor shall assume full liability and responsibility for all equipment and contents (including radios, aftermarket lighting, and other standard or installed equipment) placed in its custody by the City of Oxnard under this contract.

Agreement 32700034

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Scheduled:

SER
VICE PROVIDER must verbally respond within 24 hours of telephone notification by the City. The scope of Work and schedule shall be mutually agreed to between the City Project Manager or designee and the SERVICE PROVIDER before work begins. Work under this category shall be planned and scheduled Monday through Friday between the hours of 8:00 am and 5:00 pm unless otherwise agreed to by the City.

Non-Scheduled Urgent:

SERVICE PROVI
DER must verbally respond within one hour of telephone
notification by the City. The scope of Work and schedule shall be mutually agreed to between the City Project Manager or designee and the service provider before work begins. Work under this category shall include weekends, holidays, and be between the hours of 5:01 pm and 7:59 am. All costs for labor for these requests shall be included in the Bid Sheets.

LIFT INSP

ECTION AND CERTIFICATION
Includes c
ompleting all Federal and State required equipment inspections and certifications for regulated and non-regulated equipment. These include annual safety inspections subject and not subject to OSHA. Inspection shall include a thorough examination of the lift's systems and components to ensure it is in safe working condition.

Troubleshoot
ing:

The technici
an shall troubleshoot any test failures to identify the root cause.

Recommendations for corrective actions shall be communicated to the City Project Manager or designee for coordination and approval of repairs. Upon completion of the approved repairs, the technician shall re-run the test to verify proper function.

Reporting:

Service P
rovider shall provide a detailed report of the results specifying a quality score identifying pass or fail and list any defects or recommended repairs. If any of the repairs are required to be completed before the equipment can be certified, a list of any additional inspections needed after the repairs are completed shall be provided.

WARRANTY
The vendor shall repair or replace, at no additional cost to the City, any defective workmanship or parts provided under this Agreement for a period of ninety (90) days following completion of the repair or service.

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EXHIBIT B

GENERAL SERVICE AGREEMENT
(City of Oxnard and Quinn Company)

SCHEDULE OF COMPENSATION

BASE YEAR

LABOR RATES
Scheduled Preventive Maintenance
Portable Machine Equipment Shop Rate 7:00 am – 3:30 pm M-F Hourly $200.00 3:31 pm – 7:30 pm M-F Hourly $300.00
Scheduled Repairs Portable Machine
Equipment Shop Rate
7:00 am – 3:30 pm M-F Hourly $191.00
3:31 pm – 7:30 pm M-F Hourly $286.50
7:31 pm – 6:59 am M - F Hourly $382.00
Scheduled Preventive Maintenance
Portable Machine Equipment at City
Facilities
7:00 am – 3:30 pm M-F Hourly $200.00
3:31 pm - 7:30 pm M-F Hourly $300.00
Scheduled Repair Services Portable
Machine Equipment at City Facilities 7:00 am – 3:30 pm M-F Hourly $219.00 3:31 pm - 7:30 pm M-F Hourly $328.50
7:31 pm – 6:59 am M-F Hourly $438.00
Non-Scheduled Urgent Repairs Portable
Machine Equipment at City Facilities
7:00 am – 3:30 pm M-F Hourly $219.00
3:31 pm – 7:30 pm M-F Hourly $328.50
7:31 pm – 6:59 am M-F Hourly $438.00
After Hours Call-out for Non-
Scheduled Urgent Repairs Portable
Machine Equipment at City Facilities
(4-hour minimum)
3:31 pm – 7:30 pm M-F
Hourly

$328.50

7:31 pm – 6:59 am M-F

Hourly $438.00
Call-out for Non-Scheduled Urgent
Repairs Portable Equipment at City
Facilities (4-hour minimum)
Weekends & Holidays Hourly $438.00
Scheduled Preventive Maintenance
Lift Equipment Shop Rate
7:00 am – 3:30 pm M-F Hourly $195.00
3:31 pm – 7:30 pm M-F Hourly $292.50

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348
Scheduled Repairs
Lift Equipment Shop Rate
7:00 am – 3:30 pm M-F Hourly $195.00
3:31 pm – 7:30 pm M-F Hourly $292.50
7:31 pm – 6:59 am M-F
Hourly $390.00
Scheduled Preventive Maintenance
Lift Equipment at City Facilities
7:00 am – 3:30 pm M-F Hourly $195.00
3:31 pm - 7:30 pm M-F Hourly $292.50
Scheduled Repairs
Lift Equipment at City Facilities
7:00 am – 3:30 pm M-F Hourly $195.00
3:31 pm – 7:30 pm M-F Hourly $292.50
7:31 pm – 6:59 am M-F
Hourly $390.00
Scheduled Preventive Maintenance
Stationary Equipment (prevailing wage)
7:00 am – 3:30 pm M-F Hourly $230.00
3:31 pm – 7:30 pm M-F Hourly $345.00
Scheduled Repairs Stationary
Equipment (prevailing wage)
7:00 am – 3:30 pm M-F Hourly $275.00
3:31 pm – 7:30 pm M-F Hourly $412.50
7:31 pm – 6:59 am M-F
Hourly $550.00
Non-Scheduled Urgent Repairs
Stationary Equipment (prevailing wage)
7:00 am – 3:30 pm M-F Hourly $275.00
3:31 pm – 7:30 pm M-F Hourly $412.50
7:31 pm – 6:59 am M-F Hourly $550.00
After Hours Non-Scheduled Call-out
Urgent Repairs Stationary Equipment
(prevailing wage) (4-hour minimum)
3:31 pm – 7:30 pm M–F Hourly $412.50
7:31 pm – 6:59 am M-F Hourly $550.00
Call-out for Non-Scheduled Urgent
Repairs Stationary Equipment
(prevailing wage) (4-hour minimum)
Weekends & Holidays Hourly $550.00
Load Bank Test (prevailing wage)

7:00 am – 3:30 pm M-F Hourly $230.00
3:31 pm – 7:30 pm M-F
Hourly $345.00
Load Bank Test (portable generators)
Field / Shop rates
7:00 am – 3:30 pm M-F Hourly $185.00
3:31 pm – 7:30 pm M-F Hourly $277.50
Additional Fee per Kilowatt Stationary / Portable Per KW $2.00 Agreement 32700034

349

PARTS AND MATERIALS RENTAL RATES
Markup % over Cost (may not exceed
15%) 10 %

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YEAR ONE

LABOR RATES
Scheduled Preventive Maintenance
Portable Machine Equipment Shop Rate
7:00 am – 3:30 pm M-F Hourly $205.00
3:31 pm – 7:30 pm M-F Hourly $307.50
Scheduled Repairs
Portable Machine Equipment Shop Rate
7:00 am – 3:30 pm M-F Hourly $196.00
3:31 pm – 7:30 pm M-F Hourly $294.00
7:31 pm – 6:59 am M-F Hourly $392.00
Scheduled Preventive Maintenance
Portable Equipment at City Facilities
7:00 am – 3:30 pm M-F Hourly $205.00
3:31 pm - 7:30 pm M-F Hourly $307.50
Scheduled Repair Services
Portable Equipment at City
Facilities
7:00 am – 3:30 pm M-F Hourly $224.00
3:31 pm – 7:30 pm M-F Hourly $336.00
7:31 pm – 6:59 am M-F Hourly $448.00
Non-Scheduled Urgent Repairs Portable
Equipment at City
Facilities
7:00 am – 3:30 pm M-F Hourly $224.00
3:31 pm – 7:30 pm M-F Hourly $336.00
7:31 pm – 6:59 am M-F Hourly $448.00
After Hours Call-out for Non-Scheduled
Urgent Repairs Portable Equipment at City
Facilities (4-hour minimum)
3:31 pm – 7:30 am M-F Hourly $336.00
7:31 pm – 6:59 am M - F Hourly $448.00
Call-out for Non-Scheduled Urgent Repairs
Portable Equipment at City Facilities (4-hour
minimum)
Weekends & Holidays

Hourly

$448.00
Scheduled Preventive Maintenance Lift
Equipment Shop Rate
7:00 am – 3:30 pm M-F Hourly $205.00
3:31 pm – 7:30 pm M - F Hourly $307.50
Scheduled Repairs
Lift Equipment Shop Rate
7:00 am – 3:30 pm M-F Hourly $205.00
3:31 pm – 7:30 pm M-F Hourly $307.50
7:31 pm – 6:59 am M-F Hourly $410.00

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351
Scheduled Preventive Maintenance Lift
Equipment at City Facilities
7:00 am – 3:30 pm M-F Hourly $205.00
3:31 pm – 7:30 pm M-F Hourly $307.50
Scheduled Repairs
Lift Equipment at City Facilities
7:00 am - 3:30 pm M-F Hourly $205.00
3:31 pm - 7:30 pm M-F Hourly $307.50
7:31 pm – 6:59 am M-F Hourly $410.00
Scheduled Preventive Maintenance
Stationary Equipment (prevailing wage)
7:00 am – 3:30 pm M-F Hourly $240.00
3:31 pm – 7:30 pm M-F Hourly $360.00
Scheduled Repairs Stationary Equipment
(prevailing wage)
7:00 am – 3:30 pm M-F Hourly $285.00
3:31 pm – 7:30 pm M-F Hourly $427.50
7:31 pm – 6:59 am M-F Hourly $570.00
Non-Scheduled Urgent Repairs
Stationary Equipment (prevailing wage)
7:00 am – 3:30 pm M-F Hourly $285.00
3:31 pm – 7:30 pm M-F Hourly $427.50
7:31 pm – 6:59 am M-F Hourly $570.00
After Hours Non-Scheduled Call-out for
Urgent Repairs Stationary Equipment
(prevailing wage (4-hour
minimum)
3:31 pm – 7:30 pm M-F
Hourly

$427.50
7:31 pm – 6:59 am M-F Hourly $570.00
Call-out for Non-Scheduled Urgent
Repairs Stationary Equipment
(prevailing wage) (4-hour minimum)
Weekends & Holidays Hourly $570.00
Load Bank Test (prevailing wage)
7:00 am – 3:30 pm M-F Hourly $240.00
3:31 pm – 7:30 pm M-F Hourly $360.00
Load Bank Test (portable generators)
Shop / Field rates
7:00 am – 3:30 pm M-F Hourly $195.00
3:31 pm – 7:30 pm M-F Hourly $292.50
Additional Fee per Kilowatt Stationary / Portable Per
KW $2.00

PARTS AND MATERIALS RENTAL RATES
Markup % over Cost (may not exceed 15%) 10 %
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YEAR TWO LABOR
RATES

Scheduled Preventive Maintenance
Portable Machine Equipment Shop
Rate
7:00 am – 3:30 pm M-F Hourly $210.00
3:31 pm – 7:30 pm M-F Hourly $315.00
Scheduled Repairs
Portable Machine Equipment Shop
Rate
7:00 am – 3:30 pm M-F Hourly $201.00
3:31 pm – 7:30 pm M-F Hourly $301.50
7:31 pm – 6:59 am M-F Hourly $402.00

Scheduled Preventive Maintenance
Portable Machine Equipment at City
Facilities
7:00 am – 3:30 pm M-F Hourly $210.00
3:31 pm – 7:30 pm M-F Hourly $315.00
Scheduled Repair Services Portable
Machine Equipment at City Facilities
7:00 am – 3:30 pm M-F Hourly $229.00
3:31 pm – 7:30 pm M-F Hourly $343.50
7:31 pm – 6:59 am M-F

Hourly

$458.00

Non-Scheduled Urgent Repairs
Portable Machine Equipment at City
Facilities
7:00 am – 3:30 pm M-F Hourly $229.00
3:31 pm – 7:30 pm M-F Hourly $343.50
7:31 pm – 6:59 am M-F Hourly $458.00
After Hours Non-Scheduled Call-out
for Urgent Repairs Portable Machine
Equipment at City Facilities (4-hour
minimum)
3:31 pm – 7:30 am M – F Hourly $343.50
7:31 pm – 6:59 am M – F Hourly

$458.00
Call-out for Non-Scheduled Urgent
Repairs Portable Machine Equipment
at City Facilities (4-hour minimum)
Weekends & Holidays

Hourly

$458.00

Scheduled Preventive Maintenance
Lift Equipment Shop Rate
7:00 am – 3:30 pm M-F Hourly $215.00
3:31 pm – 7:30 pm M-F Hourly $322.50

Scheduled Repairs
Lift Equipment Shop Rate
7:00 am – 3:30 pm M-F Hourly $215.00
3:31 pm – 7:30 pm M-F Hourly $322.50
7:31 pm – 6:59 am M-F Hourly $430.00
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353

Scheduled Preventive Maintenance
Lift Equipment at City Facilities
7:00 am – 3:30 pm M-F Hourly $215.00
3:31 pm – 7:30 pm M-F Hourly $322.50

Scheduled Repairs
Lift Equipment at City Facilities
7:00 am – 3:30 pm M-F Hourly $215.00
3:31 pm – 7:30 pm M-F Hourly $322.50
7:31 pm – 6:59 am M-F Hourly $430.00

Scheduled Preventive
Maintenance Stationary
Equipment
7:00 am – 3:30 pm M-F Hourly $250.00
3:31 pm – 7:30 pm M-F Hourly $375.00

Scheduled Repairs Stationary
Equipment (prevailing wage)
7:00 am – 3:30 pm M-F Hourly $295.00
3:31 pm – 7:30 pm M-F Hourly $442.50
7:31 pm – 6:59 am M-F Hourly $590.00
Non-Scheduled Urgent Repairs
Stationary Equipment (prevailing
wage)
7:00 am – 3:30 pm M-F Hourly $295.00
3:31 pm – 7:30 pm M-F Hourly $442.50
7:31 pm – 6:59 am M-F Hourly $590.00

After Hours Non-Scheduled Urgent
Repairs Stationary Equipment
(prevailing wage) (4-hour minimum)
3:31 pm – 7:30 pm M – F
Hourly

$442.50
7:31 pm – 6:59 am M – F Hourly $590.00
Non-Scheduled Urgent Repairs
Stationary Equipment (prevailing
wage) (4-hour minimum)
Weekends & Holidays Hourly $590.00
Load Bank Test (prevailing wage) 7:00 am – 3:30 pm M – F Hourly $250.00 3:31 pm – 7:30 pm M-F Hourly $375.00
Load Bank Test (portable generators)
Shop / Field rates
7:00 am – 3:30 pm M-F Hourly $205.00
3:31 pm – 7:30 pm M-F Hourly $307.50
Additional Fee per Kilowatt Stationary / Portable Per
KW $2.00

PARTS AND MATERIALS RENTAL RATES
Markup % over Cost (may not exceed
15%) 10 %
Agreement 32700034

354

YEAR THREE

LABOR RATES
Scheduled Preventive Maintenance
Portable Machine Equipment Shop
Rate
7:00 am – 3:30 pm M-F Hourly $215.00
3:31 pm – 7:30 pm M-F Hourly $322.50
Scheduled Repairs
Portable Machine Equipment Shop
Rate
7:00 am – 3:30 pm M-F Hourly $206.00
3:31 pm – 7:30 pm M-F Hourly $309.00
7:31 pm – 6:59 am M-F Hourly $412.00
Scheduled Preventive Maintenance
Portable Machine Equipment at City
Facilities
7:00 am – 6:59 am M-F Hourly $215.00
3:31 pm – 7:30 pm M-F Hourly $322.50
Scheduled Repair Services Portable
Machine Equipment at City Facilities
7:00 am – 3:30 pm M-F Hourly $234.00
3:31 pm 7:30 pm M-F Hourly $351.00
7:31 pm – 6:59 am M-F

Hourly $468.00
Non-Scheduled Urgent Repairs
Portable Machine Equipment at
City Facilities
7:00 am – 3:30 pm M-F Hourly $234.00
3:31 pm 7:30 pm M-F Hourly $351.00
7:31 pm – 6:59 am M-F

Hourly $468.00
After Hours Call-out Non-Scheduled
Urgent Repairs Portable Machine
Equipment at City Facilities
(4-hour minimum)
3:31 pm – 7:30 pm M-F Hourly

$351.00
7:31 pm - 6:59 am M-F Hourly

$468.00
Call-out for Non-Scheduled Urgent
Repairs Portable Machine
Equipment at City Facilities
(4-hour minimum)
Weekends & Holidays Hourly $468.00
Scheduled Preventive Maintenance
Lift Equipment Shop Rate
7:00 am – 3:30 pm M-F Hourly $225.00
3:31 pm – 7:30 pm M-F Hourly $337.50
Scheduled Repairs
Lift Equipment Shop Rate
7:00 am – 3:30 pm M-F Hourly $225.00
3:31 pm – 7:30 pm M-F Hourly $337.50
7:31 pm – 6:59 am M-F Hourly $450.00
Agreement 32700034

355
Scheduled Preventive Maintenance
Lift Equipment at City Facilities
7:00 am – 3:30 pm M-F Hourly $225.00
3:31 pm - 7:30 pm M-F Hourly $337.50
Scheduled Repairs
Lift Equipment at City Facilities
7:00 am – 3:30 pm M-F Hourly $225.00
3:31 pm – 7:30 pm M-F Hourly $337.50
7:31 pm – 6:59 am M-F Hourly $450.00
Scheduled Preventive Maintenance
Stationary Equipment (prevailing
wage)
7:00 am – 3:30 pm M-F Hourly $260.00
3:31 pm – 7:30 pm M-F

Hourly

$390.00
Scheduled Repairs Stationary
Equipment (prevailing wage)
7:00 am – 3:30 pm M – F Hourly $305.00
3:31 pm – 7:30 pm M-F Hourly $457.50
7:31 pm – 6:59 am M-F Hourly $610.00
Non-Scheduled Urgent Repairs
Stationary Equipment (prevailing
wage)
7:00 am – 3:30 pm M-F Hourly $305.00
3:31 pm – 7:30 pm M-F Hourly $457.50
7:31 pm – 6:59 am M-F Hourly $610.00
After Hours Call-out Non-Scheduled
Urgent Repairs Stationary Equipment
(prevailing wage) (4-hour minimum)
3:31 pm – 7:30 pm M – F Hourly $457.50
7:31 pm – 6:59 am M-F Hourly $610.00
Call-out for Non-Scheduled Urgent
Repairs Stationary Equipment
(prevailing wage) (4-hour minimum)
Weekends & Holidays Hourly $610.00
Load Bank Test (prevailing wage) 7:00 am – 3:30 pm M – F Hourly $260.00 3:31 pm – 7:30 pm M-F Hourly $390.00
Load Bank Test (portable generators)
Shop / Field rates
7:00 am – 3:30 pm M-F Hourly $215.00
3:31 pm – 7:30 pm M-F Hourly $322.50
Additional Fee per Kilowatt Stationary / Portable Per KW $2.00

PARTS AND MATERIALS RENTAL RATES

Markup % over Cost (may not exceed
15%) 10 %
Agreement 32700034

356

YEAR FOUR

LABOR RATES
Scheduled Preventive Maintenance
Portable Machine Equipment Shop
Rate
7:00 am – 3:30 pm M-F Hourly $220.00
3:31 pm – 7:30 pm M-F Hourly $330.00
Scheduled Repairs
Portable Machine Equipment Shop
Rate
7:00 am – 3:30 pm M-F Hourly $211.00
3:31 pm - 7:30 pm M-F Hourly $316.50
7:31 pm – 6:59 am M-F Hourly $422.00
Scheduled Preventive Maintenance
Machine Portable Equipment at City
Facilities
7:00 am – 3:30 pm M-F Hourly $220.00
3:31 pm – 7:30 pm M-F Hourly $330.00
Scheduled Repair Services Portable
Machine Equipment at City Facilities
7:00 am – 3:30 pm M-F Hourly $239.00
3:31 pm – 7:30 pm M-F Hourly $358.50
7:30 pm – 6:59 am M-F

Hourly $478.00
Non-Scheduled Urgent Repairs
Portable Machine Equipment at
City Facilities
7:00 am – 3:30 pm M-F Hourly $239.00
3:31 pm – 7:30 pm M-F Hourly $358.50
7:31 pm – 6:59 am M-F

Hourly $478.00
After Hours Call-out for Non-
Scheduled Urgent Repairs Portable
Machine Equipment at City Facilities
(4-hour minimum)

3:31 pm – 7:30 pm M-F Hourly $358.50
7:31 pm – 6:59 am M-F
Hourly

$478.00
Call-out for Non-Scheduled Urgent
Repairs Portable Machine Equipment
at City Facilities (4-hour minimum)
Weekends & Holidays
Hourly

$478.00
Scheduled Preventive Maintenance
Lift Equipment Shop Rate
7:00 am – 3:30 pm M-F Hourly $235.00
3:31 pm – 7:30 pm M-F Hourly $352.50
Scheduled Repairs
Lift Equipment Shop Rate
7:00 am – 3:30 pm M-F Hourly $235.00
3:30 pm – 7:30 pm M-F Hourly $352.50
7:31 pm – 6:59 am M-F Hourly $470.00
Agreement 32700034

357
Scheduled Preventive Maintenance
Lift Equipment at City Facilities
7:00 am – 3:30 pm M-F Hourly $235.00
3:31 pm – 7:30 pm M-F Hourly
$352.50
Scheduled Repairs
Lift Equipment at City Facilities
7:00 am – 3:30 pm M-F Hourly $235.00
3:31 pm – 7:30 pm M-F Hourly $352.50
7:31 pm – 6:59 am M-F Hourly $470.00
Scheduled Preventive Maintenance
Stationary Equipment (prevailing
wage)
7:00 am – 3:30 pm M-F Hourly $270.00
3:31 pm – 7:30 pm M-F Hourly $405.00
Scheduled Repairs Stationary
Equipment
7:00 am – 3:30 pm M-F Hourly $315.00
3:31 pm - 7:30 pm M-F Hourly $472.50
7:31 pm – 6:59 am M-F Hourly $630.00
Non-Scheduled Urgent Repairs
Stationary Equipment
7:00 am – 3:30 pm M-F Hourly $315.00
3:31 pm – 7:30 pm M-F Hourly $472.50
7:31 pm – 6:59 am M-F Hourly $630.00
After Hours Call-out for Non-Scheduled
Urgent Repairs Stationary Equipment
(4-hour minimum)
3:31 pm – 7:30 pm M- F Hourly $472.50
7:31 pm – 6:59 am M-F Hourly $630.00
Call-out for Non-Scheduled Urgent
Repairs Stationary Equipment (4-hour
minimum)
Weekends & Holidays Hou rly $630.00
Load Bank Test (prevailing wage) 7:00 am – 3:30 pm M- F Hourly $270.00 3:31 pm – 7:30 pm M-F Hourly $405.00
Load Bank Test (portable generators)
Shop / Field rates
7:00 am – 3:30 pm M-F Hourly $225.00
3:31 pm – 7:30 pm M-F Hourly $337.50
Additional Fee per Kilowatt Stationary / Portable Per KW $2.00

PARTS AND MATERIALS RENTAL RATES
Markup % over Cost (may not exceed
15%) 10 %
Agreement 32700034

358

SCHEDULE OF SER

VICES EXHIBIT
DIVISION LOCATION BRAND MODEL TYPE SN# QTY
Wastewater 6001 Perkins
Rd CAT GP30N Forklift 1 AT13604902(CHASSIS
#) 1
Wastewater 6001 Perkins
Rd CAT GP25N Forklift 2 AT35A08116(CHASSIS
#) 1
Wastewater 6001 Perkins
Rd CAT 420ST Backhoe CAT 00420LH8T00386 1
Wastewater 6001 Perkins
Rd CAT 415IL Skip
loader CAT00415PH6L00453 1
Wastewater 6001 Perkins
Rd CAT 320 Excavat
or MYK00430 1
Wastewater 6001 Perkins
Rd CAT 262-D3 Skid
steer CAT0262DCTP400676 1
Environmental
Resources
111 South Del
Norte Blvd.

Caterpill
ar 950K Wheel
Loader
R4A02474
R4A02489 2
Environmental
Resources
111 South Del
Norte Blvd.

Caterpill
ar 950M Wheel
Loader
MLJS03365
MPJ1S03387 2
Environmental
Resources
111 South Del
Norte Blvd.

Caterpill
ar 914 Wheel
Loader AJC300164 1
Environmental
Resources
111 South Del
Norte Blvd.

Caterpill
ar 262D Skid Steer DKDTB01219
ZB205422 2
Environmental
Resources
111 South Del
Norte Blvd.

Caterpill
ar 262D3 Skid Steer EZB202328
CBZ200329 2
Environmental
Resources
111 South Del
Norte Blvd.

Caterpill
ar 2P5000 Forklift AT3540411
AT3540412 2
Environmental
Resources
111 South Del
Norte Blvd.

Caterpill
ar GP40 Forklift AT4011440
AT4011437 2
Fleet Services
3443
Water Yard
251 S Hayes
Ave
CAT GP20 Forklift 5AM00493 1
Fleet Services
09803
1060 Pacific
Ave.

CAT GP25 Forklift 5AM03637 1
Fleet Services
22412
1060 Pacific
Ave.

Weiler P265 Paver 1W90P265EN001211 1
Fleet Services
22415
1060 Pacific
Ave.

Weiler
TT600
Trailer
Asphalt
Tack
1W9WT6425NK548137 1
Fleet Services
22426
Water Yard
251 S Hayes
Ave.

CAT 420 Backhoe CAT00420TH8T02158 1
Fleet Services
22438
Water Yard
251 S Hayes
Ave.

CAT 420 Backhoe CAT00420HH8T02155 1
Agreement 32700034

359
DIVISION LOCATION BRAND MODEL TYPE SN# QTY
Fleet Services
22473
Water Yard
251 S Hayes
Ave.

CAT 262D3 Skid Steer

3.3L CAT0262DJTP400103 1
Fleet Services
22471
1060 Pacific
Ave.

CAT 289D3 Skid CAT0289DKJX912229 1
Fleet Services
22423
1060 Pacific
Ave.

CAT CB4.0 Roller CAT0CB40T64900179 1
Fleet Services
22425
1060 Pacific
Ave.

CAT 262D3 Skid Steer

3.3L CAT0262DAZB204933 1
Fleet Services
23419
1060 Pacific
Ave.

CAT CB2.5 Compact
Roller 1.7L CAT0CB25H64700204 1
Fleet Services
22423
1060 Pacific
Ave.

CAT 420XE Backhoe 4
in 1 CAT00420CH9X03483 1
Fleet Services
22425A
1060 Pacific
Ave.

CAT S300 Sweeper
Attach P6601186 1
Fleet Services
22425B
1060 Pacific
Ave.

CAT PC306 Planer
Attach ERC01323 1
Fleet Services
22425C
1060 Pacific
Ave.

CAT
B8
Hydraulic
Hammer
Attach
HA805891 1
Fleet Services
22471A
1060 Pacific
Ave.

CAT
BR320
Brush
Cutter
Attach
WM400343 1
Fleet Services
22471B
1060 Pacific
Ave.

CAT
B8
Hydraulic
Hammer
Attach
HA807284 1
Fleet Services
85901
3001 Sturgis
Rd.

CAT 3306 Generator 85Z02102 1
Agreement 32700034

360
STATIONARY EQUIPMENT:

DIVISION LOCATION BRAND MODEL TYPE SN#
Water 251 S Hayes
Ave N. Generator Rm CAT 3508 23V05549
Water 251 S Hayes
Ave N. Generator Rm CAT 3509 23Z04422
Water 251 S Hayes
Ave S. Generator Rm CAT 3516 SBJ00218
Wastewater 3900 E.

Ventura Blvd Lift Station 20 CAT 3208 5YF03226
Wastewater
1101
Viewpoint
Way
Lift Station 7 CAT C4.4 E5G06122
Wastewater
1250
Seabridge
Lane
Lift Station 8 CAT D40 pending
installation
Wastewater 6001 Perkins
Rd Effluent CAT G398 73B00883
Wastewater 6001 Perkins
Rd Treatment Plant CAT 3208 5YF00565
Wastewater 6001 Perkins
Rd Treatment Plant CAT 3512 16Z02501
Wastewater 6001 Perkins
Rd Treatment Plant CAT C15 FSE00892
Fleet
Services 214 S C St
Fire
Admin/Service
Center
CAT C9 S9L00986
Fleet
Services
491 South K
St Fire Station 1 CAT D100 CAT00C44CL4
R00503
Fleet
Services
531 E
Pleasant
Valley Rd
Fire Station 2 CAT D40 CAT00C44ECN
400110
Agreement 32700034

361
DIVISION LOCATION BRAND MODEL TYPE SN#
Fleet
Services 150 Hill St Fire Station 3 CAT D40 CAT00C44TCN 400109
Fleet
Services
230 West
Vineyard Ave Fire Station 4 CAT D30 CAT00000LGB
E01217
Fleet
Services
1450 E
Colonia Rd Fire Station 5 CAT D40 CAT00C44CCN
00108
Fleet
Services
2601
Peninsula Rd Fire Station 6 CAT D60 CAT00C44VGL
D01589
Fleet
Services
3000 S Rose
Ave Fire Station 8 CAT D150 CAT00C66ALC
600491
Agreement 32700034

362

EXHIBIT C

GENERAL SERVICES AGREEMENT
(City of Oxnard and Quinn Company)

INSURANCE REQUIREMENTS
Prior to contract
approval, CONSULTANT/SERVICE
PROVIDER/SELLER/BIDDER (hereafter referred to as “SERVICE PROVIDER”) must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document.
(PLEASE SEE NEXT PAGES)
Agreement 32700034

363
Exhibit INS-I

INSURANCE REQUIR

EMENTS FOR VENDORS
(WHO DELIVER, INSTALL OR MAINTAIN PRODUCTS)

1. Vendor shall obt
ain and maintain during the performance of any services under this Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the sale and delivery, installation or mai ntenance of products by vendor, its agents, representatives, or employees. a. Commercial
General Liability Insurance, including Contr actual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount;
b. Business Aut
omobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile L iability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. Workers’ C
ompensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

2. Vendor shall
, prior to performance of any services, file with the Risk Manager certificates of insurance with original endors ements effecting coverage required by this Exhibit INS -I. The certificates and endorsements for each insur ance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email . If you have not received your request or are having difficulty with electronic upload, contact [email protected]

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

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

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

6. Any deducti
bles or self-insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City, its City Council, officers, employees and volunteers, or the vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
1/23
Agreement 32700034

364

INSTRUCTION

FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Certific
ates of Insurance
The sample
accord form on the following page is provided to facilitate your preparation and submission of certificates of ins urance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start -up date bec ause the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy.

Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

Endorseme
nt Forms
Original e
ndorsements are required for commercial general liability and business automobile liability insurance policies and must be attached to the applicable certificate of insurance. Ci ty preference is that you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.

INS-I.doc
Agreement 32700034

365
SAMPLE

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

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

CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY

REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

CO
LTR

TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)
LIMITS

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

GENERAL AGGR EGATE $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 LI

ABILITY
[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 LIABI
LITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE
$
AGGREGATE $

A WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

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

A OTHER

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

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

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF,

THE ISSUING COM
PANY 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
Agreement 32700034

366

GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH

OCCURRENCE AGGREGATE

GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE


Underwriter=s representative for claims pursuant to this insurance.

CLAIMS:

Name:

Address:

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

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

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work 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.

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

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

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

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.

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

ENDORSEMENT HOLDER

CITY OF OXNAR
D ℅ 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 signat ure required)
Telephone: ( ) Date
Signed
Rev. 1/23 INS-I.doc
Agreement 32700034

367

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

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work 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.

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

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

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

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA000 1, code ("any auto"); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).

Except as stated above nothing herein shall be 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 si gnature required)
Telephone: ( ) D
ate Signed
Rev. 1/23 INS-I.doc
Agreement 32700034

368

EXHIBIT D

GENERAL SERVICES AGREEMENT
(City of Oxnard a
nd Quinn Company)
[RESERVED]
Agreement 32700034

369

EXHIBIT E

GENERAL SERVICES AGREEMENT
(City of Oxnard a
nd Quinn Company)

LIVING WAGE POLICY
Pursuant to
the Living Wage Policy adopted July 9, 2002 by the City Council and effective October
1, 2002, the City Manager and City Attorney are directed to include
the following language in all standard trade services contracts and all unique trade services contracts governed by the Living Wage Policy.

A. Service Provider
shall compensate any employee of Service Provider who
provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, Service Provider shall pay such employee no less than $ 20.70 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, Service Provider shall provide to such employee no less than 96 hours of paid leave per calendar year.

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

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

D. In addition, if Service Provider fails to comply with the Living Wage Policy in any manner, Service Provider shall pay to City a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Service Provider shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Service Provider of the amount owed.

Agreement 32700034

370

CITY OF OXNARD LI

VING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2026
Service Prov
ider shall compensate any employee of Service Provider who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit E. While this Agreement is in effect, Service Provider shall pay such employee no less than $20.70 per hour for each hour that such employee provides Services under this Agreement.

This hourly rate shall be adjusted on July 1, 2027, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, Service Provider shall provide to such employee no less than 96 hours of paid leave per calendar year. a. Service Prov
ider agrees to post, at a location readily accessible to those employees providing Services to the City, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002. b. If Service P
rovider fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Service Provider, effective immediately.
c. In addition, i
f Service Provider fails to comply with the Living Wage Policy in any manner, Service Provider shall pay to City a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Service Provider shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Service Provider of the amount owed.

Agreement 32700034

371

EXHIBIT F

GENERAL SERVICES AGREEMENT
(City of Oxnard and Quinn Company)

PREVAILING WAGE

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

Service Provider shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.

2. Pursuant to Labor Cod
e Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

Service Provider acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Service Provider shall post such rates at each job site covered by this Agreement.

3. Service Provider
is required to post job site notices, as prescribed by regulation.

See Labor Code Section 1771.4(a)(2).

4. Service Provider s
hall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Service Provider shall, as a penalty to City, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by Service Provider or any subcontractor. The Labor Commissioner shall determine the am ount of the penalty as described in Section 1775.

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

6. Service Provider
shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations.

Before commencing work under this Agreement, Service Provider shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within Agreement 32700034

372
60 days after concluding the Project, Service Provider and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

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

8. Service Provi
der is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Service Provider shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.

9. Service Prov
ider acknowledges that 8 hours labor constitutes a legal day’s work.

Service Provider shall comply with and be bound by Labor Code Section 1810.

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

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

12. Service Prov
ider shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. Service Provider shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. Service Provider shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, Service Provider shall diligently take corrective action to halt or rectify any failure.

Agreement 32700034

373

13. To the maximum extent, Service Provider shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify City, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Service Provider, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of Service Provider under this Section shall survive Agreement termination.

Agreement 32700034

374

EXHIBIT G

GENERAL SERVICES AGREEMENT
(City of Oxnard and
Quinn Company)

IRAN CONTRACTING ACT CERTIFICATION
(PLEASE SEE NEXT PAGE)
Agreement 32700034

375

IRAN CONTR

ACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH THE AGREEMENT)
Public Contract Code Sections 2202-2208
Pursuant t
o Public Contract Code 2204.(a) A public entity shall require a person that is submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a public entity with respect to a contract for goods or services of one million dollars ($1,000,000) or more to certify, at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5 or as a person described in subdivision 9b) of Section 2202.5, as applicable.

To comply with this requirement, please insert your company/entity and Federal ID number (if available) and complete one of the options below. Please note, California law established penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made, contract termination and three-year ineligibility to bid on contract in accordance with Public Contract Code section 2205.

OPTION No.1 – CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the company/entity identified below, and the company/entity identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person or entity, for 45 days or more, if that other person or company/entity will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS in accordance with subdivision (b) of Public Contract Code 2203.

Company Name/Financial Institution (printed): Federal I D Number (or n/a):

By (Authorized Signature):
___________________________________________
Printed Name & Title of Person Signing: Date Executed
_____________________________________________ __________________________ Executed in the County of________________________________ in the State of __________________ OPTION No.2 – EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below and attach documentation demonstrating the exemption approval.

Company Name/Financial Institution (printed): Federal I D Number (or n/a):

By (Authorized Signature):
_____________________________________________
Printed Name & Title of Person Signing: Date Executed
____________________________________________ ________________________ Executed in the County of_____________________________________ in the State of ____________ Agreement 32700034

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447

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.12

DATE: July 21, 2026

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: FY 2026-27 Blanket Purchase Orders for the Public Works Department.

RECOMMENDATION

That the City Council approve and authorize the Purchasing Agent to execute purchase orders from July 1, 2026, to June 30, 2027, consistent with the City’s purchasing requirements, with the following vendors:

1. Applied Industrial Technologies for a not-to-exceed amount of $300,000 for industrial supplies/equipment (e.g., pumps, motors, belts, and bearings);

2. Grainger, Inc. for a not-to-exceed amount of $400,000 for safety-related equipment and industrial equipment, maintenance supplies, tools and parts;

3. Home Depot U.S.A., Inc. for a not-to-exceed amount of $300,000 for hardware, tools, construction materials and products; and

4. Ventura County Auto Supply (NAPA) for a not-to-exceed amount of $250,000 for garage tools, equipment, and fleet maintenance supplies.
(Public Works and Transportation Committee approved 3-0 on June 23, 2026.)

BACKGROUND

As the City’s Purchasing Policy allows, a blanket purchase order (BPO) is a purchase order established with a vendor to fill repetitive needs for goods, such as tools, parts, and maintenance supplies. A BPO utilizes the City's full buying power by taking advantage of quantity discounts, saving City administrative time, and reducing paperwork. BPOs can be established with a not-to-exceed (NTE) amount of $220,000, which is within the City Manager’s authority per the City’s Purchasing Policy. Divisions and departments submit changes on purchase orders, depending on available budget appropriations from each division/department.

To provide the expected service levels departments and divisions need a quick and efficient method for purchasing supplies and equipment. Examples include (1) janitorial supplies to ensure the park restrooms are available and (2) pumps and motor supplies to make minor repairs to water and wastewater conveyance systems in a timely manner. BPOs are an allowable tool that the City uses to satisfy this need.

The BPOs that are identified in this report have been issued by using a cooperative agreement, pursuant to the City’s purchasing requirements. The cooperative agreements have been bid and awarded in accordance with local, State, and Federal laws that govern public procurement. As such, other public agencies are also invited to utilize the terms and conditions of these cooperative agreements for their purchases.

DISCUSSION

The Public Works Department (Public Works) is requesting approval to execute four purchase orders with four identified vendors listed in Table 1 below. These four vendors are heavily used by multiple divisions within the Public Works 448
Department. The BPOs are used not only as part of a routine spending plan, and City Council-approved operating budget, but also allow the flexibility to purchase items that are not easily anticipated (e.g., unexpected minor repairs and one-time project costs) and/or may come up as an urgent matter to address a service need. As such, the potential exists for spending more than the $220,000 NTE threshold approval by the City Manager. To facilitate maintenance, repairs, and continued service to our residents from multiple divisions within Public Works and other departments, staff recommends that the City Council authorize the NTE amounts noted in Table 1 below. As an example, even though divisions had available funding in the City Council-approved Operating budget for City services at the end of prior fiscal years, there have been several occasions when staff have been unsuccessful in finding an alternative vendor source, resulting in a delay in services until the beginning of the next fiscal year with the restored NTE amounts. Increasing the current authorized amounts above $220,000 for these four vendors will allow the divisions to continue services and meet program objectives, based on the City Council-approved Operating budget, through the entire fiscal year.

The NTE amounts recommended are based on forecasted spending needs and data collected from each division in Public Works to support rising inflation, unplanned and/or urgent work, and one-time project costs. These recommended amounts will allow the department the flexibility to fully utilize the purchasing plans, within the City Council-approved Operating budget, and to address unexpected maintenance needs and shifting priorities. The following bullet points provide a brief description of the supplies offered by the four vendors.

Cooperative Agreement BPOs

1. Applied Industrial Technologies is used by Public Works Divisions for industrial supplies/equipment (e.g., pumps, motors, belts, and bearings).

2. Grainger, Inc. is used by Public Works Divisions for safety-related equipment, maintenance, repair, and operation (MRO) supplies with a broad range of industrial equipment, maintenance supplies, tools, and parts.

3. Home Depot U.S.A., Inc. is utilized by Public Works Divisions for hardware, tools or construction materials, and products.

4. Ventura County Auto Supply (NAPA) is used by Public Works Divisions for garage tools, equipment, and fleet maintenance supplies.

Below is a summarized list of recommendations for BPOs being utilized by the Public Works Department, which have been awarded through a cooperative agreement, with a requested annual NTE amount greater than $220,000.

Authorization requests are limited to FY 2026-27, despite the extended duration of certain cooperative agreements. For the Applied Industrial Technologies contract expiring December 31, 2026, staff will actively track renewal and update options through Omnia Partners. If it is not renewed, other procurement options are available pursuant to the City’s Purchasing Policy.

Table 1.
# Vendor Nam Cooperative
Agreement
Cooperative
Agreement
Number
Cooperative
Agreement
Current
Expiration Date
FY 2026-27
Recommended
Not to Exceed
Amount
1 Applied Industrial
Technologies Omnia Partners 16154 12/31/26 $300,000
2 Grainger, Inc. Omnia Partners 2018.000207 6/30/27 $400,000 3 Home Depot U.S.A., Inc. Omnia Partners 260006-03 1/31/31 $300,000 4 Ventura County Auto
Supply (NAPA) Sourcewell 100124-GPC 1/10/29 $250,000

STRATEGIC PRIORITIES

This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.

FINANCIAL IMPACT

449
Funding to pay for these blanket purchase orders will come from available funding in the user division’s operating budget. Sufficient appropriations are included in the FY 2026-27 Operating budgets approved by the City Council on June 16, 2026, for these various purchases through June 30, 2027.

COMMITTEE OUTCOME

The Public Works and Transportation Committee voted 3-0 on June 23, 2026 to approve the staff recommendation and to forward the item for Council's consideration.

Please click here to view the Measure M pre-recorded presentation video.

Please click here to view the June 23, 2026 Public Works and Transportation Committee Meeting recording.

Prepared by: Jan Hauser, Wastewater Division Manager, Chris Peyton, Water Division Manager, Brian Yanez, Assistant Public Works Director, Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. Cooperative Agreements Links

450
Attachment 1
FY 2026-27 Cooperative URL Hyperlinks for Annual Blanket Purchase Orders

1. Applied Industrial Technologies 16154 (expires 12/31/2026):
https://www.omniapartners.com/suppliers/applied-industrial-technologies-inc/public- sector/contract-documents#c2756

2.. Grainger 2018.000207 (expires 6/30/2027):
https://www.omniapartners.com/suppliers/grainger/public-sector/contract- documents#contract-87

3. Home Depot 260006-03 (expires 1/31/2031):
https://www.omniapartners.com/suppliers/the-home-depot-pro/public-sector/contract- documents#contract-2299

4. Ventura County NAPA 100124-GPC (expires 1/10/2029):
https://www.sourcewell-mn.gov/cooperative-purchasing/100124-GPC

451

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.13

DATE: July 21, 2026

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Agreement 32600562 with Solenis LLC for Supply and Delivery of Cationic Polymer for the Wastewater Division.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute an Agreement with Solenis LLC for an initial one-year term from July 22, 2026, to July 21, 2027, with the option for four consecutive one-year period extensions ending July 21, 2031, for a total contract not-to-exceed amount of $1,600,000, if extended, for the supply and delivery of cationic polymer to the Wastewater Division.

(Public Works and Transportation Committee approved 3-0 on June 23, 2026.)

BACKGROUND

Processes at the Oxnard Water Resource Recovery Facility (WRRF) produce organic solids, which are thickened, dewatered and hauled off-site for disposal. The cost of disposal is based on the weight of the generated solids. Therefore, it is critical to reduce the weight of the solids. This reduction is enhanced with the addition of a cationic polymer at three locations during the treatment process:
• Primary Solids Thickeners
• Secondary Solids Thickeners
• Solids Dewatering
Polymers are common synthetic chemicals used in the wastewater process to aid in thickening and dewatering of solids.

They are proprietary chemicals developed and manufactured by a number of different chemical companies. Because each manufacturer's polymer formula is proprietary, a two-step, competitive process is completed to ensure the most cost- effective polymer with the highest performance is selected. This solicitation is completed every three to five years.

DISCUSSION

On February 17, 2026, the Purchasing Department published Request for Proposal (RFP) 26-91 for the supply and delivery of cationic polymer to the Wastewater Division. The RFP was directly sent to three potential vendors and published on publicpurchase.com as well as the City’s Purchasing website, with a proposal due date of May 13, 2026.

Through this solicitation, interested vendors were invited to conduct bench-scale (jar testing) and full-scale testing at the WRRF to test the effectiveness of their polymer formulas prior to submitting their proposals.

Jar testing was conducted from March 9 to March 12, 2026, in which five vendors participated. All vendors were given the opportunity to test their polymer formulas using Oxnard wastewater samples in a controlled lab setting. Of the five vendors that participated in the jar testing, one vendor did not meet the minimum performance criteria and one vendor that passed the initial jar test was not prepared to conduct a full-scale test and withdrew. As a result, three vendors participated in the full-scale testing.
452

Full-scale testing was conducted from April 27 to April 30, 2026. Solenis, Polydyne, and Carbonet completed the full- scale test. Performance was evaluated at the solids processing facility, where wastewater staff collected and analyzed samples approximately every thirty minutes to measure cake solids percentage, capture efficiency, polymer dosage rates, and filtrate quality. To qualify, polymers were required to achieve a minimum of 19% cake solids and a 97% solids capture rate a minimum of four times throughout the full-scale testing period. The resulting data was used in the City’s evaluation, which considered dewatering performance, solids recovery, and consumption to determine overall effectiveness. Following the conclusion of the full-scale test, cost proposals were received from Solenis LLC and SNF Polydyne Inc. Carbonet chose not to submit a proposal and withdrew.

Proposals were reviewed by the Wastewater Division Operations Manager, Chief Operator, and Senior Analyst. It was determined that Solenis LLC was the highest-ranked proposer based on the scoring criteria listed in RFP 26-91. The scoring criteria consisted of the performance of the polymer in the full-scale test (60 points), cost (30 points), and responsiveness to the request for bid (10 points).

Staff have also confirmed that Solenis LLC meets all required City contractual provisions, including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State. Based upon the available information and research performed to date, staff believes that Solenis LLC is capable of satisfactorily supplying and delivering cationic polymer to the Wastewater Division.

STRATEGIC PRIORITIES

This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.

FINANCIAL IMPACT

The total cost for this Agreement with Solenis LLC for the supply and delivery of cationic polymer shall not exceed $1,600,000 if all years are extended through July 21, 2031. Funding for this Agreement has been programmed in the FY 2026-27 Operating budget approved by the City Council on June 16, 2026, from the Wastewater Operating Fund (611).

Funding for subsequent fiscal years will be requested through the annual budget process.

Estimated Spending Plan: Supply and Delivery - Cationic Polymer FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTAL
Wastewater
6113614-52100 $300,000 $310,000 $320,000 $330,000 $340,000 $1,600,000

COMMITTEE OUTCOME

The Public Works and Transportation Committee voted 3-0 on June 23, 2026 to approve the staff recommendation and to forward the item for Council's consideration.

Please click here to view the Measure M pre-recorded presentation video.

Please click here to view the June 23, 2026 Public Works and Transportation Committee Meeting recording.

Prepared by: Jan Hauser, Wastewater Division Manager

ATTACHMENTS

1. Agreement 32600562

2. Prior Agreement Compensation Schedule
453

454
Agreement No. 32600562

GENERAL SERVICE AGREEMENT

BETWEEN
THE CITY OF OXNARD AND SOLENIS, LLC.

By This General Services Agreement (“Agreement”), the CITY of Oxnard (“City”) agrees to engage the services of Solenis, LLC. (“Service Provider”), and Service Provider agrees to perform the services for City as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. City and Service Provider may be individually referred to as “Party” or collectively as the “Parties.”

1. [INTENTIONALLY OMITTED]

2. SUMMARY DESCRIPTION OF SERVICES.

The Service Provider shall furnish all necessary labor, materials, equipment, and other incidental and appurtenant work to supply and deliver Cationic Polymer for the City of Oxnard Water Resource Recovery Facility. The polymer will be utilized in the solids-handling processes, specifically for sludge dewatering at the solids processing building and sludge thickening at the Dissolved Air Floatation (DAF) system.

The Services to be performed pursuant to this agreement are described in the Scope of Services, attached hereto as Exhibit A. Service Provider may not be the exclusive provider of services to the City. The City does not guarantee a specified amount of work under this agreement.

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 Solenis, LLC of the State of Delaware, located at 2475 Pinnacle Drive, Wilmington, Delaware 19803

4. TERM OF AGREEMENT: From: July 22, 2026 To: July 21, 2027

A. Time is of the essence in this Agreement.

B. The City shall have the option for (4) four consecutive (1) one-year extensions, in accordance with the scope of work and general terms and conditions of the General Services Agreement.
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Option 1: July 22, 2027 to July 21, 2028
Option 2: July 22, 2028 to July 21, 2029
Option 3: July 22, 2029 to July 21, 2030
Option 4: July 22, 2030 to July 21, 2031

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 Service Provider under this Agreement shall be completed on or before the end of the term of the Agreement.

5. AGREEMENT AMOUNT NOT TO EXCEED: $1,600,000.001

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-I Exhibit D: RESERVED
Exhibit E: Living Wage Policy
Exhibit F: Prevailing Wage Policy
Exhibit G: Iran Contracting Certification

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

1 This is not a guaranteed dollar amount. No services or work performed pursuant to a Task Order shall exceed the “Not to Exceed” Amount of the Contract or the agreed upon amount stated in the Task Order. 456
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City Designated Representative
Name: Roberto Fuentes
Title: Wastewater Operations Manager
Phone: 805-271-2203
Email: [email protected]
Address: 6001 Perkins Rd., Oxnard,
CA. 93033

Service Provider Designated
Representative
Name: Chelsea Vaughn-Burns
Title: Senior Business Specialist
Phone: 302-502-0802
Email: [email protected]
Address: 2475 Pinnacle Dr.,
Wilmington, DE. 19803

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

A. Service Provider is advised that any recommendation for Agreement award is not binding on the City until the Agreement is fully executed and approved by the City.

B. All proof of business license, insurance, and W-9 forms is required prior to execution of this Agreement.

C. Service Provider shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 26 of this Agreement.

9. SERVICE PROVIDER’S SERVICES.

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

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

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10. COMPENSATION. City shall pay Service Provider for the services performed pursuant to the terms of this Agreement and based on the hourly rates and fees set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” Under no circumstances shall the Service Provider perform work in excess of the amount stated or exceed the amount 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.

A. Annual Rate and Fees adjustments must be requested in writing and accompanied by information to substantiate the request for price adjustments. Adjustments are subject to approval by the City. Any allowable request for adjustment must be delivered to the City at least 30 days before the adjusted prices become effective. No price adjustment allowable under this Contract will be granted retroactively. The City must also be given the benefit of any decline in prices.

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

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

C. Service Provider’s acceptance of final payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Service Provider for anything completed, finished or 458
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relating to the Services. City’s payment shall not constitute nor be deemed a release of the responsibility and liability of Service Provider for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Service Provider and its employees, agents and Subcontracted Service Providers.

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

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 Service Provider 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 or any Task Order issued under this Agreement. A written amendment signed by both Parties shall be required to authorize performance of and payment for Extra Services under this Agreement or Task Order.

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 Service Provider only for work done by Service Provider up to and including the date of termination of this Agreement unless the termination is for cause, in which event Service Provider need be compensated only to the extent required by law. Service 459
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Providers may terminate this Agreement at any time during the term of the Agreement by giving the City sixty (60) calendar days’ written notice.

15. [RESERVED]

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

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

17. LAWFUL PERFORMANCE. Service Provider shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement. Service Provider, at its sole expense, shall obtain and maintain during the term of 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. Service Provider shall not perform any services for the City when the Service Provider is impaired by alcohol or a controlled 460
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substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the City’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The City reserves the right to issue restraining or cease and desist orders to Service Provider when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of Service Provider 's work by City shall not operate as a release of the Service Provider from such standard of care and workmanship.

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

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

B. Records and Inspections. The Service Provider shall maintain full and accurate records, with respect to all services and matters covered under this Agreement. The City shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.

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

D. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or 461
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future affairs of the City or information belonging to a third party whose information is in the City’s possession or control under obligations of confidentiality. Service Provider may be granted access to information that is exempt from disclosure to the public (Government Code Section 7920.505) and may contain “trade secrets” (see Government Code Section 7924.510(f)) when it is necessary for Service Provider to perform its obligations pursuant to this Agreement. If a Service Provider is granted such access to confidential information, Service Provider shall not be considered to be a member of the public as that term is used in Government Code Section 7920.515.

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

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

20. ASSIGNMENT. This Agreement is for the non-professional services of Service Provider. Any attempt by Service Provider to assign the benefits or burdens of this Agreement without the prior written approval of City shall be prohibited and shall be null and void. Service Provider 's services pursuant to this Agreement shall be provided by the Service Provider’s Designated Representative or directly under his/her supervision, and Service Provider shall not assign another to supervise the Service Provider 's performance of this Agreement without the prior written approval of City, by and through the City’s Designated Representative.

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 462
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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. NOTICES. All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first-class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 7. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.

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

24. WAIVER. City’s review or acceptance of, or payment for, work product prepared by Service Provider under this Agreement will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Service Provider’s performance. A waiver by the 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.

25. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

A. As a separate and independent covenant from Service Provider’s obligations under this section, Service Provider shall to the fullest extent permitted by law, immediately defend, indemnify, and hold harmless City, its legislative and advisory bodies, and the City’s officials, directors, officers, employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from Service Provider’s negligence or willful misconduct in the performance of the services described in this Agreement or failure to comply with any of its obligations contained in this Agreement, Service Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and 463
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costs of alternative dispute resolution. Service Provider’s obligation to indemnify and defend applies unless it is proven such liabilities covered by this Section are the result of negligence or willful misconduct of any of the Indemnitees.

B. The duty to defend is a separate and distinct obligation from Service Provider’s duty to indemnify. Service Provider shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the City Attorney, immediately upon tender to Service Provider of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation of negligence or willful misconduct by any of the Indemnitees shall not relieve Service Provider from its separate and distinct obligation to defend the Indemnitees. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if Service Provider asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the negligence or willful misconduct of any of the Indemnitees, Service Provider may submit a claim to City for reimbursement of reasonable attorneys’ fees and defense costs.

C. The review, acceptance or approval of Service Provider’s work or work product by any of the Indemnitees shall not affect, relieve or reduce Service Provider’s indemnification or defense obligations. Service Provider waives any right of contribution against City or any of City’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by Service Provider pursuant to this Agreement. The provisions of this Section shall not be restricted by and do not affect the provisions of this Agreement relating to Section 26. The Service Provider’s obligations under this Section of the Agreement shall survive the termination of the Agreement.

D. Service Provider agrees to pay all required taxes on amounts paid to Service Provider under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Service Provider shall be solely responsible for, and shall save City harmless from, all matters relating to the payment of Service Provider’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer-employee relations, as applicable. 464
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City shall have the right to offset against the amount of any compensation due to Service Provider under this Agreement any amount due to City from Service Provider as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section.

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

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

28. PREVAILING WAGE REQUIREMENTS. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work. Prevailing wages are required to be paid to all workers, including subcontracted employees. For further information regarding Prevailing Wage Requirements please refer to Exhibit “F” attached to this Agreement.

A. To determine if this Agreement is subject to compliance monitoring and enforcement, go to: https://www.dir.ca.gov/Public-
Works/PublicWorksSB854FAQ.html
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B. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.

C. In the event that there is a difference between the amount of wages to be paid under the City of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the Service Provider.

29. CONFLICT OF INTEREST. Service Provider covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Service Provider’s services under this Agreement. Service Provider further covenants that in the performance of services under this Agreement, no officer, employee or agent of Service Provider having such interest shall be employed by it. In the event the City determines that Service Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Service Provider shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Service Provider may result in termination of this Agreement by the City.

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

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

31. SUBCONTRACTING. If Service Provider requires the assistance of a subcontractor to render any services under this agreement, Consultant shall obtain prior written consent from the City before a subcontractor performs any service pursuant to this 466
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Agreement. All subcontractors shall be identified in the Scope of Work or Task Order attached to this Agreement as Exhibit A. Service Provider is fully responsible for satisfactory completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, if applicable. Service Provider shall be responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to this Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement.

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

33. DISPUTE RESOLUTION. Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty-five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.

34. AUDIT. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by Service Provider in preparing its billings to CITY as a condition precedent to any payment to Service Provider; or for other purposes relating to the Agreement. Service Provider will promptly furnish all documents requested by the City. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit Service Provider for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Service Provider shall maintain and preserve all such records for a 467
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period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by the City, whichever occurs later. Service Provider shall maintain all such records in City or to promptly reimburse City for all reasonable costs incurred in conducting the audit at a location other than in City, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. Service Provider shall include a copy of this Section in all contracts with its subcontractors, and Service Provider shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.

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

36. NONDISCRIMINATORY EMPLOYMENT. Service Provider shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. Service Provider understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates.

For every subcontractor who will perform Services, Service Provider shall be responsible for such subcontractor’s compliance with this Section.

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

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

39. 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. 468
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40. 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.

41. NO THIRD-PARTY BENEFICIARY. This Agreement shall not be construed to be an agreement for the benefit of any third-party or parties, and no third party or parties shall have any claim or right of action under this Agreement.

42. AUTHORITY TO EXECUTE. Each Party hereto expressly warrants and represents that through its Designated Representative it has the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the Designated Representative has the authority to bind each Party to the performance of its obligations hereunder.

43. 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.

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

45. ACKNOWLEDGEMENT. By signing below, Service Provider acknowledges that it has reviewed the City’s General Services Agreement terms and conditions and insurance requirements and that Service Provider hereby agrees to full compliance.

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[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 SOLENIS, LLC.

☐Luis A. Mc Arthur, Mayor2 Date Wendy S. Mueller, Regional Pricing Dir. Date ☐Libertad Macias,3
Purchasing Manager

Jaydn Bonifas, Director of Sales4 Date

ATTEST:

Lourdes A. López, CITY Clerk Date
(only if Mayor signs)

APPROVED AS TO FORM:

Stephen M. Fischer, CITY Date

Attorney (always required)

2 The City Council must authorize and the Mayor must execute any agreement over $220,000. 3 The Purchasing Agent may execute any authorized agreement up to $220,000. 4 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

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

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EXHIBIT A

GENERAL SERVICE AGREEMENT
(City of Oxnard and SOLENIS, LLC)

SCOPE OF SERVICES

PROJECT MANAGER: Roberto Fuentes, Wastewater Operations Manager, 805-797- 7013, [email protected]

The Service Provider shall furnish all necessary labor, materials, equipment and other incidental and appurtenant work to supply and deliver Cationic Polymer for the City of Oxnard Water Resource Recovery Facility located at 6001 Perkins Rd. Oxnard, CA 93033.

The scope of Work shall include, but not be limited to:

1. Supply and delivery of Cationic Polymer for the purpose of dewatering at the solids processing building

2. Supply and delivery of Cationic Polymer for the purpose of Thickening at the Dissolved Air Flotation

3. Polymer supplied must meet minimum requirements as specified in the full-scale test.

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EXHIBIT B

GENERAL SERVICE AGREEMENT
(City of Oxnard and SOLENIS, LLC )

SCHEDULE OF COMPENSATION

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EXHIBIT C

GENERAL SERVICES AGREEMENT
(City of Oxnard and SOLENIS, LLC )

INSURANCE REQUIREMENTS

Prior to contract approval, CONSULTANT/SERVICE
PROVIDER/SELLER/BIDDER (hereafter referred to as “SERVICE PROVIDER”) must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document.

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EXHIBIT D

GENERAL SERVICES AGREEMENT
(City of Oxnard and SOLENIS, LLC)

[RESERVED]

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EXHIBIT E

GENERAL SERVICES AGREEMENT
(City of Oxnard and SOLENIS, LLC)

LIVING WAGE POLICY

Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard trade services contracts and all unique trade services contracts governed by the Living Wage Policy.

A. Service Provider shall compensate any employee of Service Provider who provides services under this Agreement in
accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, Service Provider shall pay such employee no less than $20. 70 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, Service Provider shall provide to such employee no less than 96 hours of paid leave per calendar year.

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

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

D. In addition, if Service Provider fails to comply with the Living Wage Policy in any manner, Service Provider shall pay to City a fine of $500 and shall pay to any e mployee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such
employee under the Living Wage Policy. Service Provider shall pay such fine and penalty within fifteen (15) calendar days after th e City Manager or designee provides written notice to Service Provider of the amount owed.

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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2026

Service Provider shall compensate any employee of Service Provider who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit E. While this Agreement is in effect, Service Provider shall pay such employee no less than $20.70 per hour for each hour that such employee provides Services under this Agreement. This hourly rate shall be adjusted on July 1, 2027, 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, whi le this Agreement is in effect, Service Provider shall provide to such employee no less than 96 hours of paid leave per calendar year.

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

b. If Service Provider fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate t his Agreement on written notice to Service Provider, effective immediately.

c. In addition, if Service Provider fails to comply with the Living Wage Policy in any manner, Service Provider shall pay to City a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Service Provider shall pay such fine and penalty within fifteen (15) calendar days after the City Mana ger or designee provides written notice to Service Provider of the amount owed.

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EXHIBIT F

GENERAL SERVICES AGREEMENT
(City of Oxnard and SOLENIS, LLC)

PREVAILING WAGE

1. Service Provider acknowledges that the Project defined in the Agreement between Service Provider and CITY is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Service Provider shall perform the Project as a public work. Service Provider shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.

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

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

4. Service Provider shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Service Provide r shall, as a penalty to City, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by Service Provider or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.

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

6. Service Provider shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 483
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et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, Serv ice Provider shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, Service Provider and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

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

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

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

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

10. Service Provider shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours.

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

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

12. Service Provider shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. Service Provider shall include in 484
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the writte n contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. Service Provider shall be required to take all actions necessary to enforce such contractual provisions and ens ure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, Service Provider shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent, Service Provider shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify City, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Service Provi der, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of Service Provider under this Section shall survive Agreement termination.

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EXHIBIT G

GENERAL SERVICES AGREEMENT
(City of Oxnard and SOLENIS, LLC)

IRAN CONTRACTING ACT CERTIFICATION

[SEE NEXT PAGE]
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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.14

DATE: July 21, 2026

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Revenue Agreement A-8616 with Pacific Byproducts, Inc. dba Coastal Byproducts for Fats, Oils, and Grease Acceptance Pilot Study.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute a revenue agreement with Pacific Byproducts, Inc. dba Coastal Byproducts for an initial term of one year from July 22, 2026, to July 21, 2027, with the option for two consecutive one-year period extensions ending July 21, 2029, for the Wastewater Division to accept hauled fats, oils, and grease at the Oxnard Water Resource Recovery Facility.

(Public Works and Transportation Committee approved 3-0 on June 23, 2026.)

BACKGROUND

The City of Oxnard owns and operates the Water Resource Recovery Facility (WRRF) located at 6001 Perkins Road in Oxnard, California. The facility is a conventional secondary-treatment, activated sludge plant with a design capacity of

31.7 million gallons per day. As part of the solids treatment process, the WRRF uses anaerobic digesters to treat solids generated from both primary and secondary treatment processes. Once stabilized, the digested solids are dewatered using belt filter presses, loaded onto trailers, and transported to a disposal site by a third-party service provider, where the solids are composted.

As a result of the solids treatment process, methane gas, often called biogas, is generated from the digesters. This gas is used as a fuel source at the wastewater cogeneration facility to generate heat and electricity for use at the WRRF.

Fats, oils, and grease (FOG) generated from food service establishments (FSEs) contain high organic content that decays rapidly in anaerobic digesters significantly increasing biogas production. Pacific Byproducts, Inc. dba Coastal Byproducts (Coastal Byproducts), located in Oxnard at 1891 Sunkist Circle, has been in communication with the Wastewater Division regarding potential FOG disposal opportunities since prior to 2020. Coastal Byproducts serve FSEs within the Oxnard Wastewater Service Area and providing a location for FOG haulers to dispose of locally produced FOG creates a much needed service. There are currently very limited locations within Ventura County to dispose of FOG.

In 2023, the Wastewater Division hired Carollo Engineers to conduct a FOG feasibility study to evaluate the WRFF’s ability to beneficially receive and process hauled FOG waste. The study determined that the WRRF has the capacity to receive up to 50,000 gallons of FOG per day. Moreover, the consultant recommended that the WRRF first conduct an interim pilot study to evaluate operational and performance impacts before implementing a larger scale FOG receiving program.

The proposed non-exclusive agreement establishes operational procedures, safety requirements, load acceptance criteria, contamination prevention measures, billing procedures, and regulatory protections necessary for the City to evaluate the feasibility of accepting hauled FOG waste at the WRRF. The agreement will be available to any interested and qualified FOG Hauler.
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DISCUSSION

Based on Coastal Byproducts interest in having a local FOG disposal facility, their location within the City, the service they provide to our local FSEs, and their willingness to comply with the terms and conditions of the FOG agreement, they are an ideal business to participate in this pilot study. Approval of the proposed agreement will authorize Coastal Byproducts to deliver hauled FOG waste to the Oxnard WRRF under controlled conditions as part of the Interim Restaurant FOG Waste Disposal Project pilot study.

Under the agreement, Coastal Byproducts will collect FOG waste from grease interceptors and grease traps at food service establishments and transport the material to the WRRF during approved delivery hours. Upon arrival, WRRF Operations staff will inspect manifests, verify load information, evaluate load quality, and supervise unloading into the digester(s). All deliveries must comply with strict operational requirements, including contamination prevention measures, pH limitations, spill response procedures, manifest documentation, and safety protocols established in the agreement and Standard Operating Procedures.

The pilot study will allow the Wastewater Division to evaluate the operational impacts and potential benefits associated with directly introducing FOG waste into the anaerobic digesters. Due to the high organic strength of FOG waste, the material may increase biogas production, which can then be utilized by the WRRF cogeneration facility to generate additional heat and electricity for plant operations. The pilot study will also allow staff to evaluate operational considerations such as receiving procedures, odor control, load quality, impacts to digester performance, staffing requirements, and maintenance needs.

The agreement contains multiple safeguards to protect the WRRF, its treatment processes, and regulatory compliance.

The City retains full discretion to reject any load that contains prohibited materials, poses operational or safety concerns, or may negatively impact WRRF operations or regulatory compliance.

STRATEGIC PRIORITIES

This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.

FINANCIAL IMPACT

There is no direct financial cost to the execution of this agreement with Coastal Byproducts, Inc. Estimated annual revenue is between $25,000 to $50,000, depending on how much FOG is received. All revenues received will be accounted for in the Wastewater Operating Fund (611).

(For Finance Use Only: Org. 6113610, Object 47000)

COMMITTEE OUTCOME

The Public Works and Transportation Committee voted 3-0 on June 23, 2026 to approve the staff recommendation and to forward the item for Council's consideration.

Please click here to view the Measure M pre-recorded presentation video.

Please click here to view the June 23, 2026 Public Works and Transportation Committee Meeting recording.

Prepared by: Jan Hauser, Wastewater Division Manager

ATTACHMENTS

1. Agreement A-8616

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AGREEMENT FOR SERVICES

BETWEEN

CITY OF OXNARD AND
PACIFIC BYPRODUCTS, INC. DBA COASTAL BYPRODUCTS

This Agreement is entered into this ___ day of_________, 202__, between the City of Oxnard (“City”) and Pacific Byproducts, Inc. DBA Coastal Byproducts (“Hauler”) (hereinafter jointly referred to as the "Parties").

RECITALS

1. City owns and operates a Water Resource Recovery Facility (WRRF) and wastewater collection system referred to as the “System”.

2. The System is regulated by a National Pollution Discharge Elimination System (NPDES) permit and by Waste Discharge Regulations (WDR) and Water Reclamation Requirements (WRR).

3. Hauler desires to dispose of fats, oils, and grease (FOG) waste at the Oxnard WRRF.

4. FOG waste is defined as waste material consisting primarily of fats, oils, grease, and associated food residuals generated from grease interceptors or grease traps at Food Service Establishments (FSE).

5. FOG waste is regulated under federal, state, and local wastewater regulations, including the Clean Water Act, the City’s NPDES permit, applicable Waste Discharge Requirements, Water Reclama tion Requirements, and applicable provisions of the City of Oxnard Municipal Code.

6. The Agreement is a component of a pilot study intended to evaluate the operational impacts on the existing wastewater system. The duration of the pilot study is currently undetermined. Therefore, the WRRF makes no guarantee to accept any specific amounts of FOG waste during the term of this Agreement. The City agrees to work closely with the Hauler to coordinate the amounts and timing of FOG waste deliveries.

7. This initiative will be called the Interim Restaurant FOG Waste Disposal Project (“Project”).

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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:

SECTION 1: RECITALS
The Recitals set forth above are true and correct and hereby incorporated into this Agreement by this reference, as though fully set forth herein.

SECTION 2: TERMS & CONDITIONS

2.1 This Agreement between the Parties creates a contractual mechanism for the Hauler to deliver FOG waste generated to the greatest extent possible from grease interceptors located within the City’s service area. Acceptance of any load of FOG waste shall be at the sole discretion of the City and subject to compliance with the requirements of this Agreement, the City’s Standard Operating Procedures (Exhibit A), the City’s NPDES permit, and all applicable federal, state, and local laws and regulations. The City reserves the unconditional right to refuse, suspend, or terminate acceptance of any load of FOG waste that does not meet the specifications of this Agreement; contains prohibited or unknown materials; may interfere with WRRF treatment processes; may result in violations of the City’s NPDES permit or other regulatory requirements; or poses a risk to WRRF infrastructure, staff, or public safety.

2.2 This Agreement is non-exclusive. The City reserves the right to contract with other qualified service Haulers during the terms of this Agreement on such occasions and in such circumstances as City shall determine are appropriate.

2.3 Term of the Agreement: July 22, 2026, to July 21, 2027 a) The City shall have the option to exercise two (2) consecutive (1) one-year term extensions, in accordance with the standard operating procedures and terms and conditions of this Agreement. Any price negotiations, if allowed, shall be negotiated at the time of contract extension.

2.4 The City shall determine and approve any extensions to the term of this Agreement.

2.5 This Agreement may be terminated by the City without cause, upon a two-week written notice pursuant to Section 9 of this Agreement. 494
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SECTION 3: OBLIGATIONS OF THE CITY

3.1 The City agrees to perform the services set forth herein.

3.2 The City shall manage all City-owned works, facilities, equipment, materials and supplies to carry out the Services as specified in the Agreement.

3.3 The City shall perform the Services in accordance with this Agreement, the NPDES permit and local, state, and federal regulations.

3.4 The City shall be responsible for the management of this Agreement including:
enforcement for breach of any section of the Agreement; monthly billing; and notification to the Hauler of any related issues in a timely manner.

3.5 The City shall be responsible for the operation, maintenance, repair and replacement of all facilities, equipment, and related works within the WRRF.

3.6 The City may refuse delivery of FOG waste under the following conditions including, but not limited to:
a) Plant operational limitations or staff shortages
b) Equipment outages
c) High loading conditions
d) Process upsets
e) Regulatory restrictions
f) Evidence of contamination or prohibited waste
g) Safety concerns
h) Weather events or emergencies
i) FOG waste with a pH below 4 or above 10
SECTION 4: OBLIGATIONS OF THE HAULER

4.1 Hauler shall remain fully informed of, and comply with, all applicable local, state, and federal laws, including Ventura County and City of Oxnard ordinances, regulations, and adopted codes throughout the performance of the Project.

4.2 Hauler warrants that it possesses, or has arranged through subcontracts, all necessary capital equipment, labor, materials, and licenses necessary to carry out and complete the Project in compliance with all relevant laws, ordinances, and regulations.

4.3 Hauler shall procure all required permits and licenses, pay all associated fees, and provide any legally required notices related to the delivery of FOG waste. 495
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4.4 Hauler shall provide and install safeguards to protect City property from damage during the delivery of FOG waste. Any City property damaged due to the Hauler’s activities shall be repaired or replaced at the Hauler’s expense within a reasonable time, restoring it to its original condition.

4.5 Hauler shall perform all delivery and disposal of FOG waste in accordance with this Agreement, the NPDES permit and local, state, and federal laws and regulations.

4.6 Hauler shall be solely responsible for ensuring subcontractors comply with all applicable laws, regulations, insurance requirements and the terms of this Agreement.

The City assumes no responsibility for monitoring subcontractors.

4.7 Hauler shall maintain complete and accurate records of all activities and operations related to this Agreement, in accordance with generally accepted accounting principles. Such records – including, but not limited to, invoices, project documentation, proprietary data, licensed software, and electronic records – shall be retained for a period of five (5) years following the termination or expiration of this Agreement.

4.8 Hauler shall comply with all requests from the City to inspect, audit, copy, or transcribe any records related to this Agreement during normal business hours.

4.9 Hauler shall provide reasonable notice to the City of any anticipated substantial changes in the volume or characteristics of FOG waste, in accordance with Section 5.6.

4.10 Hauler shall maintain alternative disposal options in the event of WRRF restrictions, operational issues, or regulatory changes.

4.11 Hauler shall provide WRRF staff with a list itemizing the FOG waste at the time of each delivery. WRRF staff will verify the volume for fee calculation. Each manifest shall include at a minimum:
a) Certification that the load is FOG waste only and has not been commingled with any other waste;
b) Name(s) and address(es) of FSE(s);
c) Collection date and time;
d) Volume (in gallons) collected per location and total volume delivered; e) Delivery date and time at the WRRF; and
f) Hauler contact information

4.12 Hauler is prohibited from delivering any of the following materials to the WRRF:
a) Hazardous waste as defined by State or Federal law;
b) Petroleum products or fuel oils;
c) Industrial grease or trap waste containing solvents or chemicals; 496
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d) Septage or grease mixed with wastewater sludge;
e) Animal processing waste or rendering waste; and
f) Trash, rags, wipes, plastics, or other debris that cause blockages or equipment failure
SECTION 5: DELIVERY REQUIREMENTS

5.1 Delivery and Transport

(a) FOG waste shall be delivered to the WRRF in coordination with WRRF Operations staff. No overnight storage of Hauler equipment is allowed. (b) Deliveries are expected to range between 1,000 – 4,000 gallons per load. (c) The City agrees to use the Hauler’s flow meter for billing purposes. (d) Hauler’s flow meters shall be calibrated every three (3) months or per manufacturer’s recommendation. A calibration certification shall be submitted to the City promptly following each calibration.

5.2 Delivery Hours and Notifications

(a) Deliveries shall be accepted only between the hours of 9:00 a.m. – 3:00 p.m., Monday through Thursday, excluding City holidays, unless otherwise approved in writing by WRRF Operations staff.
(b) The Hauler shall schedule an appointment for delivery of a FOG load at least one (1) hour prior to arrival at the WRRF.
(c) WRRF staff will confirm the delivery time.
(d) A WRRF Operations staff member must be present during all FOG deliveries.
(e) The WRRF reserves the right to reject any delivery, at any time, with or without prior notice.
(f) The Hauler shall notify WRRF Operations staff promptly of any delivery cancellations.

5.3 Contamination Prevention
(a) Vehicles used for FOG waste transport shall not commingle materials from any prohibited source identified in Section 4.12.
(b) Hauler shall implement the following contamination prevention measures:
i. Designate specific vehicle(s) solely for the transport of FOG waste, with appropriate documentation provided to WRRF upon request.
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ii. Thoroughly clean vehicles off-site between loads originating from different sources, maintain a cleaning log, and attach the log to each manifest submitted with the load.
iii. Hauler may be required to screen FOG prior to delivery to the WRRF.

5.4 Offloading and Spill Management
(a) Hauler shall offload all FOG waste into the designated receiving area only. (b) In the event of a spill during offloading or at any time while on WRRF property, the following actions shall be taken:
i. The spill must be immediately reported to WRRF Operations staff. ii. Hauler shall clean the spill using its own equipment and personnel iii. The affected area shall be inspected and approved by WRRF Operations staff prior to the Hauler’s departure.
iv. All waste generated as part of the cleanup shall be removed from the site by the Hauler unless otherwise approved by WRRF Operations staff.

5.5 Personnel Safety and Equipment
(a) Hauler shall conform to the rules and regulations pertaining to safety established by Occupational Safety and Health Administration (OSHA) and the California Division of Industrial Safety.
(b) Hauler personnel must wear appropriate Personal Protective Equipment (PPE) during all offloading activities and any associated cleanup work. (c) All vehicles used for delivery shall be equipped with a spill kit and broom at all times while on WRRF premises.

5.6 Load Quality
(a) All FOG waste delivered shall be from food service establishments only. (b) Hauler shall exercise due diligence to ensure that all loads have minimal amounts of trash, debris, and non-FOG materials, including but not limited to: metal, plastic, rags, paper, wire, wood, and glass. (c) FOG waste pH shall be between 4 and 10.

SECTION 6: RATES, FEES, AND CHARGES

6.1 The City shall invoice the Hauler monthly for FOG waste delivery services.

Charges shall be calculated using the volume reported on the non-hazardous waste 498
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manifests. The Hauler shall remit payment in full within thirty (30) days of the invoice date.

6.2 The following rates and fees shall apply:
(a) Tipping Fee: $0.12 per gallon for all FOG waste loads, based on the manifest volume.
(b) Monitoring Fee (if required): $800 per load. This fee shall apply only when the City determines that sampling and analysis are necessary to protect the WRRF treatment process. If the City suspects that delivered material may adversely affect operations, the next load may be subject to mandatory sampling. The Hauler shall be notified in advance, and the necessity of testing shall be determined by the City’s Project Manager.

This fee covers the actual costs of sampling and laboratory analysis.

6.3 Rates, fees, and charges may be modified by the City upon a thirty (30) day notice issued in accordance with Section 9.

6.4 In the event the Hauler fails to make any payment by its respective due date, the City may assess a late payment charge pursuant to Oxnard City Code Section 19-136 or suspend service.

6.5 The Hauler shall be solely responsible for any lawfully assessed penalties for non-compliance with any the terms of this Agreement.

SECTION 7: MEETINGS
Either Party may request a meeting for any purpose at a mutually agreed time and location.

SECTION 8: MODIFICATION OF OR AMENDMENTS TO THE AGREEMENT This City may amend, modify, alter, or waive provisions with a thirty (30) day notice.

SECTION 9: NOTICE
All notices given or required to be given pursuant to this Agreement shall be in writing and by electronic means. Notices shall be addressed to each Party’s Designated Representative as set forth below.

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Oxnard Designated Representative:

Pacific Byproducts, Inc. DBA Coastal
Byproducts Designated
Representative:

Name: Mark Craig
Title: Wastewater Division Manager Title: Co-Founder
Phone: (805) 271-2205 /
(805) 271-2200 Phone: 805-845-8086
Email: [email protected]
Mailing
Address:
6001 Perkins Rd
Oxnard, CA 93033
Mailing
Address:
133 E De La Guerra St., #190
Santa Barbara, CA 93101

SECTION 10: SAFETY REQUIREMENTS.

Hauler, its employees, representatives and subcontractors shall not perform any services when the Hauler 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 hauling operations performed pursuant to 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 Hauler when unsafe or harmful acts are observed or reported relative to the performance of the hauling operations under this Agreement. The acceptance of hauler’s service operations by City shall not operate as a release of the Hauler from such standard of care and workmanship.

SECTION 11: RECORDS
The Hauler shall provide the following records at the City’s request. (a) Any local, state, or federal correspondence related to the operation of the Hauler.
(b) Any permits, certifications, license, reports, or records of the Hauler’s operation.
(c) All records related to the Agreement shall be retained for a minimum of 5 years or according to the record retention laws in the State of California, whichever is longer.

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SECTION 12: INDEMNIFICATION, INSURANCE & LIABILITY
Indemnification:
(a) Hauler shall to the fullest extent permitted by law, immediately defend, indemnify, and hold harmless City, its legislative and advisory bodies, and the City’s officials, directors, officers, employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with the Hauler performance of this Agreement or the Hauler’s failure to comply with any of its obligations contained in this Agreement, including but not limited to all liabilities that result or are claimed to have resulted from the transport and delivery of FOG containing hazardous substances into the System by the Hauler.
(b) Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. The Hauler obligation to indemnify applies unless it is adjudicated that any of the liabilities covered by this Section are the result of the sole active negligence or sole willful misconduct of any of the Indemnitees.
(c) Hauler understands and acknowledges that the above indemnification provision extends to claims against City which arise out of, are related to, or are based upon the actual, alleged or threatened discharge, dispersal, release, saturation or escape of pollutants into the System by the Hauler. (d) City agrees to indemnify, defend and hold harmless the Hauler, from and against all claims, damages, losses and expenses, direct and indirect, and consequential damages, including but not limited to fees and charges of attorneys and court and arbitration costs, arising out of or resulting from City's sole negligence or willful misconduct in City's performance under this Agreement.

Insurance:

Hauler shall obtain and maintain during the performance of any FOG waste delivery under this Agreement the insurance coverages listed within “Exhibit B”, which is attached hereto and incorporated herein by this reference. Such insurance must be issued by a company satisfactory to the City’s Risk Manager. Hauler shall, before performance of any FOG waste delivery pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit B”. Maintenance of 501
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insurance coverages by Hauler is a material element of this Agreement. Hauler’s failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.

SECTION 13: ASSIGNMENT OF AGREEMENT
This Agreement is for the transport and disposal of FOG waste. Any attempt by Hauler 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. Hauler 's obligations pursuant to this Agreement shall be provided by the Hauler’s designated representatives, staff or employees or directly under his/her supervision, and Hauler shall not assign another entity to supervise the Hauler 's obligations pursuant to this Agreement without the prior written approval of City.

SECTION 14: INTEGRATED AGREEMENT
This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and the Hauler with respect to the subject matter of this Agreement. No agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.

SECTION 15: GOVERNING LAW
This Agreement, its meaning and interpretation, and the relation between the Parties shall be governed by the laws and any other instruments having the force of law in the State of California, as they may be issued and in force from time to time including, any decree of the Governor or government of the State of California. The site of any hearing or action, whether arbitration, judicial, or non-judicial, of whatever nature or kind regarding this Agreement shall be conducted in the County of Ventura, State of California. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

SECTION 16: WAIVER
No waiver shall be binding unless executed in writing by the City making the waiver in conformity with Sections 8 and 9 of this Agreement. No waiver of any 502
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provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provisions or any of the remaining provisions of this Agreement.

SECTION 17: FORCE MAJEURE
“Force Majeure” shall mean any event, beyond the reasonable control of the Hauler or of the City. No delay or nonperformance by either Party hereto caused by the occurrence of any event of Force Majeure shall, (a) constitute a default or breach of the Agreement; or (b) give rise to any claim for damages or additional cost occasioned thereby, if and to the extent that such delay or nonperformance is caused by the occurrence of an event of Force Majeure.

SECTION 18: COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed an original.

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In witness whereof, the Parties have entered into this Agreement effective on the date as written in section 2.3 and upon signature of all Parties.

CITY OF OXNARD PACIFIC BYPRODUCTS, INC. DBA

COASTAL BYPRODUCTS

☐Luis A. Mc Arthur, Mayor1 Date Mark Craig, Co-Founder Date ☐Libertad Macias,2
Purchasing Manager

Craig Boyce, Co-Founder 3 Date

ATTEST:

Lourdes A. López, CITY Clerk Date
(only if Mayor signs)

APPROVED AS TO FORM:

Stephen M. Fischer, CITY Date
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

STANDARD OPERATING PROCEDURES

[SOP STARTS ON NEXT PAGE]

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OPERATING PROCEDURES
Effective Date: April 1, 2026
Receiving of Fats, Oils, Grease –
Pilot Study
Revision Date:

Revision No.:

Reviewed
By/Date:

Approved
By/Date:

Background
The Oxnard Water Resource Recovery Facility (WRRF) will be conducting a pilot study to evaluate the impact on operations of accepting fats, oils, and grease (FOG) delivered and directly discharged into the anaerobic digesters.

Purpose
The purpose of the pilot study is to determine the impact and effects of discharging FOG directly into the anaerobic digesters. A secondary purpose of the study is to confirm procedures for scheduling, receiving, inspecting, and documenting FOG deliveries, and ensuring compliance with the Hauler Agreement and applicable regulatory requirements.

Responsibilities
WRRF Staff:
• Schedule and approve deliveries
• Inspect and accept/reject loads
• Supervise all unloading activities
• Verify manifests and reported volumes
• Document all deliveries and incidents
• Perform monthly billing and recordkeeping
• Maintain authority to suspend receiving as needed
Hauler:
• Schedule deliveries a minimum of 1 hour in advance. Scheduling shall be completed by calling 805-271-2219. If no one is available at the main number call WRRF Admin at 805-271-2200.
• Delivery of FOG only, no comingling of other source material • Provide complete and accurate manifest documentation
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• Report total delivered volume using onboard flow meter • Provide signed certification of load contents
• Clean up any spilled contents and keep area clean
Safety Requirements

• All personnel must follow OSHA and site safety rules
• Required PPE: hard hat, high-visibility vest, gloves, eye protection, steel-toe boots
• No unloading without WRRF staff present
• Hauler vehicles must carry spill kits and basic cleanup equipment

Delivery Scheduling

• Delivery hours: Monday–Thursday, 9:00 AM–3:00 PM (excluding holidays) • Minimum 1-hour advance notice required
• WRRF staff must confirm delivery prior to arrival
• WRRF may cancel or reschedule at any time due to:
o Plant conditions
o Staffing availability
o Equipment status
o Safety concerns
o Regulatory compliance
o Load quality
Receiving Procedure

Hauler checks in with WRRF staff upon arrival
at Gate 3

WRRF staff collects and reviews manifest for
completeness:
• FSE sources and addresses
• Collection dates and times
• Statement of FOG-only waste (no
comingling with septage or other wastes)
• Total reported volume
_________________________
_________________________
_________________________
_________________________
_________________________
_________________________
_________________________

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• Hauler signature certifying accuracy of
contents
Load Inspection
• Verify Hauler flow meter is operational
• Confirm pH is between 4 and 10
• Check for unusual appearance or odor
_________________________
_________________________
_________________________

Acceptance Decision
• If acceptable, WRRF staff authorizes
unloading
• If not acceptable, load is rejected
_________________________
_________________________

Unloading
• Offloading shall occur only at the
designated connection point
• WRRF staff monitors unloading at all
times
_________________________
_________________________
_________________________

Volume Verification
• Delivered volume shall be based on
Hauler’s flow meter reading
• WRRF reserves the right to question or
verify reported volumes
_________________________
_________________________
_________________________
_________________________

Post-Unloading
• WRRF staff ensures area is clean
• Hauler removes all waste materials
• Delivery information is recorded
_________________________
_________________________
_________________________

Acceptance Criteria
Loads will be accepted only if:
• Source is food service establishments (FSEs) only
• Complete and accurate manifest is provided
• Load is FOG-only
• pH is between 4 and 10
• No visible contamination or prohibited materials
• No unusual or chemical odor

Rejection Criteria
Loads will be rejected if any of the following are observed:
• Evidence of contamination or excessive prohibited materials 508
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• Missing, incomplete, or inaccurate manifest
• Indications of comingled waste
• pH outside acceptable range
• Strong chemical or petroleum odor
• Safety concerns

Offloading and Spill Response
• Offloading allowed only in designated area
• WRRF staff must be present at all times

If spill occurs:

1. Stop unloading immediately

2. Hauler performs cleanup using their equipment

3. WRRF inspects area before departure

4. All cleanup waste shall be removed by Hauler unless approved otherwise

Documentation

The following shall be recorded for each delivery:
• Date and time
• Hauler name
• Volume delivered
• Manifest verification
• Acceptance or rejection status
• Operator initials
• Notes on unusual conditions (if applicable)

Billing

Billing shall be conducted on a monthly basis, with charges based on the reported delivered volume as measured by Hauler’s flow meter, unless otherwise determined by WRRF. WRRF reserves the right to review and dispute reported volumes. Rejected loads shall not be billed, and repeated discrepancies may result in corrective action or suspension of service.
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EXHIBIT B

AGREEMENT FOR SERVICES
(City of Oxnard and Pacific Byproducts, Inc. DBA Coastal Byproducts)

INSURANCE REQUIREMENTS

Prior to contract approval, HAULER (hereafter referred to as “SERVICE PROVIDER”) must procure, agree to maintain and supply evidence of insurance at the levels listed an d in accordance with the other provisions listed in this document.

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CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.1

DATE: July 21, 2026

TO: City Council

FROM: Terrel Harrison, Cultural & Community Services Director, (805) 385-7994, [email protected]

SUBJECT: Ratify the Acceptance of a $23,500 donation from the Home Depot Foundation to renovate the Colonia Recreation Center.

RECOMMENDATION

That the City Council ratify the acceptance of $23,500 in grant funds to purchase materials and supplies for services to be provided by Home Depot volunteers for the public purpose of facility improvements at the Colonia Recreation Center.

(This item did not originate in Committee.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/beYQy0KnPdQ

BACKGROUND

DISCUSSION
The Colonia Recreation Center, built circa the early 1980s, serves as a vital community resource by providing a variety of recreational, educational, and social programming for residents of the Colonia neighborhood. Programs offered at the facility include the senior and youth programming and the Oxnard Arts Academy music classes, all of which contribute to enhancing the quality of life for community members of all ages.

In an effort to further improve the facility and create a more welcoming and engaging environment for program participants, the Recreation Specialist of the Colonia Senior Center contacted the local Home Depot to request a donation of materials and supplies. Working together with City staff, the local store manager submitted the Colonia Recreation Center project to The Home Depot Foundation, the charitable organization of The Home Depot that invests in community improvement projects. The City’s facility was selected to receive grant funding totaling $23,5000 for facility enhancements to directly benefit the community by enhancing the appearance and functionality of the facility that supports the diverse activities and services provided to the community.

The Home Depot Foundation provided grant funding totaling $23,500 as detailed in the grant terms and conditions.

Utilizing the Foundation's donation process, the materials and supplies were purchased at the local Home Depot for the installation of new tile flooring, replacing kitchen cabinetry, painting interior and exterior walls, installing LED lighting fixtures, and applying epoxy floor paint to the restrooms. The material procurement was documented through Home Depot receipts. Home Depot associates will then volunteer their time to complete the facility improvements as part of the Foundation's Team Depot community service program.

Government Code 37354 authorizes the City Council to accept donations made to the City for public purposes. City staff, in their enthusiasm and eagerness, accepted the donation from The Home Depot Foundation and with the local Home Depot store manager, procured the necessary materials and supplies before going through the City’s formal donation acceptance process. They took the steps out of order. Therefore, the City Council is now being asked to ratify the acceptance of the Foundation’s donation.
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Once completed, these improvements will enhance commonly used areas of the facility and create a more welcoming environment for the youth, seniors, families and Oxnard Arts Academy participants that frequent the Colonia Recreation Center.

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

Acceptance of the donation, which will include materials and execution of work, allows the Home Depot Foundation's Team Depot volunteers to complete these facility enhancements at no cost to the City while providing lasting improvements that will benefit the community for years to come.

With the donation covering all costs to the City, there is no financial impact.

(For Finance Use Only: Org. 1015501, Objects 47300 and 52620)

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Pam Morrison, Cultural & Recreation Services Manager

ATTACHMENTS

1. Home Depot Foundation Terms and Conditions

2. Presentation

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Congratulations!
On behalf of The Home Depot Foundation, I am pleased to inform you the following grant has been APPROVED:

Grant ID: 202604301
Grantee: Colonia Senior Center
Grant Amount: $23,500.00
Primary Contact: Mayra Ceja
Sponsoring Facility: Store 1040-Oxnard (District 224)
Sponsoring Captain: Jesus Rodriguez ([email protected]) Project Type: Team Depot Volunteer Project
Project Title: Hispanic Senior Center Remodel
Approved Scope of Work:

Team Depot will complete a remodeling project at
La colonia Hispanic Senior Center,
Tasks include:

Painting
installing new kitchen cabinets
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new flooring
new light fixtures
Payment in the form of e-gift cards will be sent from [email protected] in the next 1-3 business days to [email protected]. Please notify us immediately if this email address is incorrect.

Once received, please work with the store to apply the payment towards the quote. By accepting or forwarding this payment, you agree to the terms and conditions noted at the bottom of this email.

VOLUNTEER PROJECT NEXT STEPS
If this grant is in support of a Team Depot volunteer project, please follow the steps below:

1. The project date submitted in your application was 07/24/2026 . Please let us know if this date changes for any reason

2. Begin recruiting volunteers and schedule associates accordingly

3. Order Team Depot volunteer t-shirts from THDGear. Note: Projects scheduled to take place during our annual Operation Surprise campaign will receive t-shirts and other promotional items automatically

4. Ensure all associates and community/nonprofit volunteers sign the attached Volunteer Participation Waiver on project and prep days

5. Captains should review the Team Depot COVID guidelines located on the Team Depot Toolbox website

MEDIA & PUBLIC RELATIONS
Any recognition regarding this grant should be made in the name of The Home Depot Foundation Prior to posting, please send press releases and social media content to our Public Relations team for review at [email protected]
Share project photos on our Facebook or Tweet about your project using @HomeDepotFound and #TeamDepot
We hope this grant will assist you in achieving your goals as set forth in your application.

Thank you for all that you do,
Courtney Smith
Foundation Field Manager
404-431-2341
[email protected]
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GRANT TERMS AND CONDITIONS
Purpose of Grant: Grantee will use the Grant only for the purpose(s) provided in this application and will promptly return, without the necessity of a request from the Foundation, any portion of the Grant not used for such purpose(s)

Effective Dates: The agreement shall be effective for six months following the date payment is sent by the Foundation

Records: The Grantee agrees to keep accurate and complete books and records of receipts and expenditures using Grant funds for at least four (4) years after the completion of use of the Grant funds and will make these books and records available to the Foundation for inspection as reasonably requested. An officer of the Foundation may also schedule a site visit in order to discuss your work and experience

Public Acknowledgement: The Grantee may publicly acknowledge this Grant, and, if it does so, will indicate the Grant was received from The Home Depot Foundation. The Foundation reserves the right to withdraw its consent to any public acknowledgement referencing the Foundation

Representations: Grantee will not use any portion of the Grant, directly or indirectly: (a) to carry out propaganda, or otherwise to influence legislation; (b) to participate or intervene in any political campaign on behalf of (or in opposition to) any candidate for public office; or (c) for any purpose other than a charitable or educational purpose (as such terms are defined in Section 501(c)(3) of the IRC) consistent with the basis on which Grantee is recognized as tax exempt

Change of Status and Certification: Grantee certifies that, on the date this application is submitted, its tax-exempt status remains in full force and effect. Grantee agrees to inform the Foundation immediately of any change in, or IRS proposed or actual revocation (whether or not appealed) of, its tax status. If Grantee’s tax exempt status changes, the Foundation reserves the right to request that all remaining Grant funds be immediately returned

Gift Cards: Funds paid via gift cards are the responsibility of Grantee and will not be replaced if the gift cards or funds thereon are lost or stolen. Grantee shall not transfer any gift cards or funds thereon to another party, whether as a gift or exchange for cash or other consideration, and shall return any unredeemed gifts cards to the Foundation upon completion of the charitable project referenced in this application

Avoiding Appearance of Conflict of Interest: No part of the Grant shall be paid to an employee, officer, or trustee of the Foundation, The Home Depot, or any affiliate thereof, or an immediate family member of any such individual. An “immediate family member” is defined as an individual’s spouse, ancestor, sibling, child, grandchild, great-grandchild, or a spouse of one of such relatives. If the project funded by the Grant involves providing a service (including, for example, home building or repairs) to a specific individual, such service shall not be provided to an employee, officer, or trustee of the Foundation, The Home Depot, or any affiliate thereof, or an immediate family member of any such individual. The prohibitions in this paragraph shall not prevent the use of the Grant for a program benefitting the general public, and therefore potentially benefitting an individual described above, provided no such individual is provided goods or services on a more favorable basis than they are made available to the general public

Nondiscrimination: Grantee declares that Grantee operates in accordance with the Foundation’s non-discrimination policy and does not discriminate against any person or group on the basis of age, political affiliation, race, national origin, ethnicity, disability, sexual orientation, gender identity or religious belief

Grant Scope: Grant project scope may have changed from your original grant proposal, and by spending any grant funds you agree to be bound by the approved scope of work provided by the Foundation. Modifications to the approved scope of work must be approved by the Foundation. The Foundation and its volunteers are not responsible for pulling permits and cannot do any work that requires a licensed contractor. Grantee is responsible for supporting the communication and coordination of project details to the beneficiary to include the current scope of work.

Indemnification: Grantee shall indemnify and hold Foundation, its directors, officers, employees, consultants, representatives and agents harmless from and against all third party claims, liabilities, suits, demands, losses, judgments, fines, penalties, interest, expenses and costs (including, without limitation reasonable accounting and attorney's fees and disbursements) which result from any breach of the terms of the grant agreement, or from any negligent acts or omissions of the Grantee, its directors, officers, employees, consultants, representatives and agents relating to or in any way connected with, activities pursuant to the grant agreement.

Cooperation: Grantee will cooperate with the Foundation in supplying any information or complying with any procedures that might be required by any governmental agency in order for the Foundation to establish the fact that it has observed all requirements of the law with respect to this grant.

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Ratify the Acceptance of a $23,500 donation from
the Home Depot Foundation to renovate the
Colonia Recreation Center.

City Council Meeting
July 21, 2026
Katie Casey, Deputy City Manager
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Recommendation
That the City Council ratify the acceptance of $23,500 in grant funds to purchase materials and supplies for services to be provided by Home Depot volunteers for the public purpose of facility improvements at the Colonia Recreation Center. 522