Oxnard City Council
October 6, 2026

GENERAL SERVICE AGREEMENT

BETWEEN

THE CITY OF OXNARD AND BLACKPOINTE GROUP CONSTRUCTION & MANAGEMENT, INC.

By This General Services Agreement (“Agreement”), the CITY of Oxnard (“City”) agrees to engage the services of Blackpointe Group Construction & Management, Inc. (“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.

This Agreement is for the labor, materials, equipment, and other incidental and appurtenant work to provide storm channel cleaning services for the City of Oxnard.

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 Blackpointe Group Construction & Management, Inc., a corporation of the State of California, located at 11972 Hertz Ave., Moorpark, CA 93021.

4. TERM OF AGREEMENT: From: October 7, 2026 To: October 6, 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.

Option 1: 10/07/2027 to 10/06/2028
Option 2: 10/07/2028 to 10/06/2029
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Option 3: 10/07/2029 to 10/06/2030
Option 4: 10/07/2030 to 10/06/2031
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: $950,000.
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: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-D Exhibit D: [RESERVED]
Exhibit E: Living Wage Policy
Exhibit F: Prevailing Wage Policy

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 Service Provider Designated Representative
Name Ray Trevino Name Victor Schittone
Title Wastewater Collections Mgr. Title Director/Secretary Phone (805) 271-2215 Phone (888) 707-4474 ext. 107
Email [email protected] Email [email protected] Address 6001 Perkins Rd, Oxnard, CA
93033
Address 11972 Hertz Ave., Moorpark,
CA 93021
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. 172
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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 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.

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. 173
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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 shall 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 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. 174
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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 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 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 175
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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 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 176
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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 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 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 177
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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 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.
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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 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 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 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 179
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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.

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 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. 180
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27. LIVING WAGE REQUIREMENTS. During the term of this Agreement, Service Provider understands and agrees that if Living Wages are applicable subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit E” to this Agreement. Service Provider will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the services provided for by this Agreement. The duty to pay the correct wage is the responsibility of the Service Provider.

28. 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/PublicWorks/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 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 181
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instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Service Provider may result in termination of this Agreement by the City.

30. [RESERVED]

31.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 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 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.
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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 City. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit Service Provider for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Service Provider shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by City, whichever occurs later. Service Provider shall maintain all such records in City or to promptly reimburse City for all reasonable costs incurred in conducting the audit at a location other than in City, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. Service Provider shall include a copy of this Section in all contracts with its subcontractors, and Service Provider shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.

35. 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.
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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 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 184
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Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the City are not binding upon the City’s Designated Representative unless specifically agreed to in writing, and initiated by City’s Designated Representative, as to each additional contractual term or condition.

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

GENERAL SERVICE AGREEMENT
(City of Oxnard and Blackpointe Group Construction & Management, Inc.)

SCOPE OF SERVICES

Service Provider shall furnish all necessary labor, materials, equipment, and other incidental and appurtenant Work to provide Storm Channel Cleaning Services for the City of Oxnard. Potential work locations are listed below; the City may add additional locations as needed.

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

1. Channel Maintenance - Clear and dispose of all debris, vegetation, and miscellaneous waste from concrete and earthen channels.

2. Vegetation Control - Mow and cut organic growth within and surrounding storm channels.

3. Flowline Restoration - Adjust and restore flow lines from invert beginning to end as necessary or requested.

4. Erosion Control - Stabilize eroded embankments using existing available materials; Service Provider shall notify the Project Manager if materials (dirt/earth) are insufficient or unavailable to complete erosion control.

5. Waste Transport & Disposal - Provide transport and disposal services of storm channel waste to permitted and regulated disposal sites. All transports must comply with the following provisions:
a. Inspect all trailers for roadworthiness, per California Vehicle Code; resolve any safety issues or provide a replacement vehicle before transporting waste.
b. Prevent materials from other sources from mixing with or contaminating City storm channel waste.
c. Verify that every load meets weight and distribution requirements prior to transport.
d. Attach certified disposal site weight slips to each invoice to accurately account for all delivered waste.

6. Photo Documentation - Provide dated, high-resolution "Before" and "After" photos for every project location to verify debris removal and flow line restoration.

7. Daily Work Logs - Provide a brief daily project report detailing the number of linear feet cleared, types of waste removed, and any encountered obstructions.

8. Urgent Requests - Respond to urgent call-outs and arrive on site within 2 hours for clearing blockages immediately before or during a major storm event.

9. General Requirements - Service Provider shall obtain Project Manager approval before starting each project and shall notify Project Manager upon completion of and after completing each project. A disposal plan must be provided to and approved by the Project Manager before commencement of work. 187
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Service Provider shall clean locations as set by the Project Manager.

TRAFFIC CONTROL
The Service Provider shall adhere to the following requirements:

1. Service Provider shall submit traffic control plans for approval by the City Traffic Engineer. The traffic control plan must be approved the City prior to beginning Work. City-approved and stamped traffic control plans are required prior to issuance of an encroachment permit.

2. Maintain a minimum of one lane in each direction at all times. Maintain access to all existing businesses at all times.

3. Traffic control plans must conform to the SSS and to the MUTCD.

4. Work taking place along arterial streets or other major thoroughfares shall be from 9:00 AM to 3:30 PM within the traffic lane and 8:00 AM to 5:00 PM outside the traffic lane. No interference with traffic at all other times.

5. No lane closure work beyond the Work area.

City staff shall stop operations if traffic control devices are not placed in accordance with approved Plans. All warning devices used during hours of darkness shall have reflectors. All damaged City-owned traffic control devices, if used, shall be replaced in kind or better at Service Provider’s expense.

Furnishing and installing traffic control plans, work area traffic control devices, flagging and any other traffic control Work shall be considered as a component of the unit price per item and no separate or additional compensation will be allowed.

Traffic Control Guidelines and Checklist can be referenced in the link below. https://www.oxnard.gov/wp-content/uploads/City-of-Oxnard-TTCP-Guidelines.pdf

SERVICE PROVIDER QUALIFICATIONS
The Service Provider must hold and maintain all equipment, materials, personnel, and licensing required to perform the outlined scope of work.

The Service Provider must also maintain a California Class A Contractors License to perform the outlined scope of work.
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DRAIN LENGTHS
Open Stormdrain Channels (See Exhibit 3-Drain Maps) Miles Arnold Rd. Drain 0.60
Auto Center Drain 0.85
Doris Drain 1.25
East 5th St. Drain 1.25
Sturgis Drain 2.50
Teal Club Drain 1.45
Victoria North 0.25
Victoria South 0.65
West 5th St. Drain 1.20
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EXHIBIT B

GENERAL SERVICE AGREEMENT
(City of Oxnard and Blackpointe Group Construction & Management, Inc.)

SCHEDULE OF COMPENSATION

Year 1
ITEM
NO. DESCRIPTION UNIT TOTAL
1 Storm Channel Waste Removal (labor
& equipment) Hourly Rate $117.34
2 Hauling and Disposal of Storm
Channel Waste (labor & equipment) Per Ton $67.50
Year 2
ITEM
NO. DESCRIPTION UNIT TOTAL
1 Storm Channel Waste Removal (labor
& equipment) Hourly Rate $123.21
2 Hauling and Disposal of Storm
Channel Waste (labor & equipment) Per Ton $67.50
Year 3
ITEM
NO. DESCRIPTION UNIT TOTAL
1 Storm Channel Waste Removal (labor
& equipment) Hourly Rate $129.37
2 Hauling and Disposal of Storm
Channel Waste (labor & equipment) Per Ton $67.50
Year 4
ITEM
NO. DESCRIPTION UNIT TOTAL
1 Storm Channel Waste Removal (labor
& equipment) Hourly Rate $135.84
2 Hauling and Disposal of Storm
Channel Waste (labor & equipment) Per Ton $67.50
Year 5
ITEM
NO. DESCRIPTION UNIT TOTAL
1 Storm Channel Waste Removal (labor
& equipment) Hourly Rate $142.63
2 Hauling and Disposal of Storm
Channel Waste (labor & equipment) Per Ton $67.50
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EXHIBIT C

GENERAL SERVICES AGREEMENT
(City of Oxnard and Blackpointe Group Construction & Management, Inc.)

INSURANCE REQUIREMENTS

Prior to contract approval, 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. [SEE NEXT PAGES]
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Exhibit INS-D

INSURANCE REQUIREMENTS FOR SMALL/MEDIUM CONSTRUCTION AND SERVICES CONTRACTS (WITHOUT BUILDER’S RISK REQUIREMENT)
Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors.

Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount;
Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”
If architectural, engineering, or electrical work will be performed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omissions Insurance must be project specific with at least a one-year extended reporting period, or longer upon request.

Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

1. Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-D. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance 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] Contractor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

Contractor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-D 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).

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

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

All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager. 8/26
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Agreement No. 32700135

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

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

Endorsement Forms
Original endorsements are required for general liability and automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.

INS-D.doc
193
Agreement No. 32700135

SAMPLE

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

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

CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

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

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

CO
LTR

TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)
LIMITS

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

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

A AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY COMBINED SINGLE $1,000,000 LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $

A EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM
EACH OCCURRENCE $ AGGREGATE $

A WORKERS' COMPENSATION

AND EMPLOYERS' LIABILITY

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

A OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession; if architectural, engineering or electrical work will be performed under the Agreement
Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant

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

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

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.

AUTHORIZED REPRESENTATIVE
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Agreement No. 32700135

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE  Included in Limits
 In Addition to Limits
Telephone:  Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to NAMED INSURED coverage.  Per Occurrence  Per Claim (which) APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here  in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS TYPE OF INSURANCE

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

OTHER PROVISIONS
COVERAGES LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE AGGREGATE
 GENERAL
 PRODUCTS/COMPLETED OPERATIONS
 PERSONAL & ADVERTISING INJURY
 FIRE DAMAGE


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 attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:

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

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

SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability.

The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

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

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

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

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

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

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

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

Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 8/26 INS-D.doc
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Agreement No. 32700135

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE  Included in Limits
 In Addition to Limits
Telephone:  Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to NAMED INSURED coverage.  Per Occurrence  Per Claim (which) APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here  in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE OTHER PROVISIONS
 COMMERCIAL AUTO POLICY
 BUSINESS AUTO POLICY
 OTHER
LIMIT OF LIABILITY CLAIMS: Underwriter’s representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )
$ per accident, for bodily injury and property damage.

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

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

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

SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability.

The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

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

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

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

Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).

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

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

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

Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 8/26 INS-D.doc
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Agreement No. 32700135

EXHIBIT D

GENERAL SERVICES AGREEMENT
(City of Oxnard and Blackpointe Group Construction & Management, Inc.) [RESERVED]
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Agreement No. 32700135

EXHIBIT E

GENERAL SERVICES AGREEMENT
(City of Oxnard and Blackpointe Group Construction & Management, Inc.)

LIVING WAGE POLICY
Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard 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. 198
Agreement No. 32700135

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, 2025, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982- 84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, 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 this 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 Manager or designee provides written notice to Service Provider of the amount owed. 199
Agreement No. 32700135

EXHIBIT F

GENERALSERVICES AGREEMENT
(City of Oxnard and Blackpointe Group Construction & Management, Inc.)

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 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 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 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 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 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 60 days after concluding the Project, Service Provider and each of its subcontractors shall 200
Agreement No. 32700135

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 Agreement 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 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 and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.

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

12. 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 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.

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 201
Agreement No. 32700135

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. 202
203

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.7
DATE: October 6, 2026
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: CalRecycle Rubberized Pavement Grant Program Application Resolution.

RECOMMENDATION
That the City Council:

1. Adopt a resolution with verbiage required by the grantor for a grant amount not to exceed $350,000 for several neighborhood and arterial street resurfacing projects as identified in the FY 2027-2031 Capital Improvement Plan (CIP); and

2. Authorize the City Manager, Public Works Director, Finance Director, or designee, as Signature Authority, to execute in the name of the City of Oxnard all grant documents, including but not limited to applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant project; and remain effective for five years from the date of adoption of this resolution for all CalRecycle grant programs offered.
(This item did not originate in Committee per the City Council Committee Bylaws Resolution 15,851, Article II, Section D.3.d, as this grant application has an external deadline)

BACKGROUND
The Rubberized Pavement Grant Program provides funds to agencies that use recycled tires when resurfacing roads.

There are many advantages to using rubberized asphalt versus conventional asphalt. Rubberized Asphalt Concrete (RAC) incorporates ground tire (crumb) rubber into the hot mix. Crumb rubber is ground or granulated rubber particles, which are derived from auto, light truck or other sources that use a high content of natural rubber. This process is typically used in rubberized asphalt within the state. California produces more than 40 million waste tires annually; therefore, there is a significant environmental benefit to using asphalt rubber since a two-inch Rubberized Hot Mix Asphalt (RHMA) overlay consumes about 2,000 scrap tires per lane mile.

Over the years, engineers and researchers have found that RHMA is a durable, safe, and quiet paving material, especially when compared to conventional Hot Mix Asphalt. Additionally, it is worth noting that 1 inch of RHMA is functionally equal to 2 inches of conventional hot mix asphalt in terms of resistance to reflective and fatigue cracking. This property makes it a preferred material when vertical constraints such as curb and gutter restrict the thickness of the overlay, such is common in many cases throughout the City.

Additional advantages of Rubberized Asphalt Concrete are as follows:
• Rubberized asphalt concrete is highly skid-resistant, produces a quieter ride for vehicles, and resists shoving and rutting if an appropriate mix is used.
• Rubberized asphalt concrete provides excellent long-lasting color contrast for striping and marking. 204
• Rubberized asphalt concrete provides a long-lasting, durable pavement that resists reflective cracking and thus provides for a smoother ride over the life of the roadway.

The City of Oxnard has applied for and received this grant multiple times in the past.

Capital Improvement Program (CIP) Reference: Arterial Street Resurfacing and Neighborhood Street ResurfacingCIP 2027-2031 - Adopted September 1, 2026 – Pages 159 and 177.

DISCUSSION
The City is eligible to receive a reimbursement of $11 per ton of RAC and $0.50 per square yard of chip seal for the projects proposed under this funding cycle. With numerous streets that need resurfacing, these grant funds will be used to supplement the costs of identified resurfacing projects per the FY 2027-2031 CIP. These streets include segments of the following projects:
• Neighborhood Street Resurfacing - Lemonwood Eastmont, Fivepoint NE, East Village, Carriage Square, Wilson, and Marina West.
• Arterial Street Resurfacing - Hobson Way, and H St, Second St, Ventura Rd, Mandalay Beach Rd, Harbor Service Blvd, Ventura Blvd, Pleasant Valley Rd.

There is no requirement for matching funds, and the maximum grant award is $350,000. The grant term ends on April 1, 2029, and all eligible program costs must be incurred by this date. If awarded, the grant award is anticipated to occur in December 2026. For larger resurfacing projects, the cost of RAC is about equal to that of traditional asphalt, and there would be cost savings with this reimbursement. However, for smaller projects, the cost is roughly $10 more per ton of rubberized material but, similarly, this cost would also be offset with this reimbursement. Oxnard’s scale of paving projects are such that they generally fall into the larger category.

Per City Resolution No. 15,748, the City Manager is authorized to submit this grant application without City Council action. The grant application is due September 10, 2026, and will have been submitted by staff by the date of this October 6, 2026 City Council agenda item. However, the grant program requires that a resolution by the governing body (i.e. City Council) authorizing the grant submission be provided by October 20, 2026. Executing the attached resolution satisfies this grantor requirement.

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 construction costs for the applicable sections of current CIP paving projects is estimated at approximately $25,872,500; this amount represents the identified cost of the portion of work within the overall CIP resurfacing projects where this grant applies. The streets within these projects have already been identified for resurfacing under the 5-Phase Pavement Maintenance Program, and programmed under various projects in the CIP with a mix of General Fund, Measure O, RMRA Gas Tax funds, CDBG grant funds, and Lease Revenue Bond funds. If the City were to receive the CalRecycle grant award, the proceeds would reduce the corresponding amount of programmed local CIP funds mentioned above.

It should be understood that the grant program only funds a reimbursement of $11 per ton, and asphalt runs much higher than this, typically over $150 per ton. Therefore, the City will be responsible for the remaining cost of $25,522,500 after the $350,000 grant award to complete the paving projects. Once received, staff will appropriate the grant award to the proper resurfacing project(s).

COMMITTEE OUTCOME
205
This item did not originate in Committee per the City Council Committee Bylaws Resolution 15,851, Article II, Section D.3.d, as this grant application has an external deadline.

Prepared by: Morgan Kessler, City Engineer, Eric Humel, Grants Specialist

ATTACHMENTS

1. Resolution - Grantor
206

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

AUTHORIZING SUBMITTAL OF AN APPLICATION FOR CALRECYCLE GRANT FUNDS WHEREAS, the California Public Resources Code authorizes the Department of Resources Recycling and Recovery (CalRecycle) to administer various Grant Programs; and WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the Grant Programs; and
WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle Grants.

WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the Grant Programs.

NOW, THEREFORE, the City Council of the City of Oxnard resolves:

1. The City Manager, or his or her designee, may submit an application to CalRecycle for all Grant Programs offered.

2. The City Manager, Public Works Director, Finance Director, or their designee, is hereby authorized as Signature Authority to execute in the name of the City of Oxnard all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant project.

3. These authorizations are effective for five years from the date of adoption of this resolution.

PASSED AND ADOPTED THIS ______ day of _________________, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSTAIN:
207
Resolution No.

Application for CalRecycle Grant Funds

_________________________________
Luis A. Mc Arthur, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ________________________________ Lourdes A. López, City Clerk Stephen M. Fischer, City Attorney 208

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.1
DATE: October 6, 2026
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: FY 2025-26 Golf Fund Close-Out and Additional Budget Appropriations.

RECOMMENDATION
That the City Council approve and authorize:

1. Additional budget appropriations in the amount not to exceed $291,401 for FY 2025-26 expenses in the Golf Course Operating Fund (651); and

2. A project budget appropriation of $52,500 from the Golf Operating Fund (651) and the corresponding Golf Capital Fund (652) transfers in and appropriations for the same amount for the River Ridge Event Space Project (C2242)
(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/1sqkVn7eYI

BACKGROUND
The City of Oxnard owns the River Ridge Golf Course (“golf operations”), a municipal golf course under the supervision of the Public Works Department. The golf operations consist of two 18-hole golf courses which are currently operated under contract by American Golf Corporation (“AGC”) since July 1, 2025. This is the second Management Agreement with AGC, with the first Agreement having been awarded on July 1, 2019.

DISCUSSION
Close Out and Appropriation of Additional Funds
Staff and AGC are closing the FY 2025-26 golf operations budget with $6,536,587 in estimated revenues and $6,091,482 in actual expenses. Since the original estimated expense budget was $5,800,081, an appropriation from the Golf Fund (651) balance in the amount not to exceed $291,401 is necessary to close the year.

Revenues: FY 2025-26 Golf Fund revenues were budgeted at $6,500,000 and estimated at $6,536,587.

Expenditures: FY 2025-26 Golf Fund operating expenditures were budgeted at $5,800,081, and actuals have been recorded at $5,571,248. In addition to the $5.6 million in operating expenses, an additional $520,234 has been captured in one-time expenses in FY 2025-26, totaling $6,091,482 in expenses. The main reason for the increase in expenses is the purchase/delivery of additional equipment, such as three new sprayers that had been on backorder since 2021, and onetime repair projects such as the elevator modernization, per State requirements, and new turf installed around the greens for the Victoria Lakes Course.
209
AGC informed staff about these additional unforeseen capital expenses after the FY 2025-26 midyear Council report on February 17, 2026. Instead of bringing another estimated budget adjustment back to the City Council, AGC worked to absorb the unplanned capital costs in the operations budget. Staff also decided to wait until the end of the fiscal year to compile all final expenses for FY 2025-26 in order to avoid multiple estimates.

Capital Improvement Program
Per Section 5.1 of the AGC Agreement, $52,500 of the $190,000 annual fixed management fee is designated for transfer to the City’s capital improvement program project: River Ridge Event Space (C2242). Accordingly, this $52,500 contribution is included within the $5.6 million operating expense budget. Staff is currently requesting the corresponding budget appropriations for this project.

STRATEGIC PRIORITIES
This agenda item supports Economic Development strategy. The purpose of Economic Development strategy is to focus on the retention and expansion of Oxnard businesses by increasing the skills and employability of our local workforce, invite new business investments, and target site-based redevelopment opportunities.

FINANCIAL IMPACT
Golf operations are funded by the Golf Enterprise Fund (651).

Staff requests the appropriation of $291,4011 for additional one-time expenses for capital equipment. Total operating expenses for the River Ridge program are $6,091,481.66.

Additionally, staff requests that the $52,500 contribution, recognized from the Management Fee contribution, be appropriated to the existing River Ridge Event Space (C2242). A project budget appropriation of $52,500 from the Golf Operating Fund (651) and the corresponding Golf Capital Fund (652) transfers-in, and appropriations for the same amount, would be required.

FY 2025-26

CATEGORY BUDGET ACTUALS VARIANCE BUDGET ADJUSTMENTS
REVENUES:

Golf Operations $6,500,000 $6,536,587 -$36,587 $0
Misc Revenue $265,200 $52,500 $212,700 $0
Interest $225,621 $104,752 $120,869 $0
TOTAL REVENUES $6,990,821 $6,693,839 $296,982 $0
210

CATEGORY BUDGET ACTUALS VARIANCE BUDGET

ADJUSTMENTS
EXPENSES:

City Labor $40,026 $32,957 $7,069 $0
City Operations $616,789 $406,840 $209,949 $0
Golf Operator $5,800,081 $6,091,482 -$291,401 +$291,401 TOTAL EXPENSES* $6,456,896 $6,531,279 -$74,383 +$291,401 NET DEFICIT/SURPLUS $533,925 $162,560 $371,365 NA1
*Excludes CAPEX purchases and Capital Improvement Projects.

Please note that the revenues for the golf course have exceeded expenditures for each of the years AGC has been the operator. Staff and AGC anticipate a similar result for this current fiscal year. Here is a summary of the last three fiscal years with respect to revenues and expenditures:

1. FY 2024-25: Revenues $6.7M; Expenditures $5.8M

2. FY 2023-24: Revenues $7.3M; Expenditures $5.7M

3. FY 2022-23: Revenues $6.2M; Expenditures $4.7M
The funds for this appropriation are available in the Golf Fund Balance. There is no impact on the General Fund for approving these appropriations.

For Finance Use Only: Golf Course Operating Fund (Org. 6513641 Obj. 52400 & 53200) (6513640-59800-C2242, 6523640-49300-C2242, 6523640-56010-C2242)

COMMITTEE OUTCOME
This item did not originate in Committee since this is a continuation of the Agreement that was previously approved by the City Council on May 6, 2025.

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. Presentation
211
City Council
October 6, 2026
Steve Howlett
Assistant Public Works Director
FY 2025-26 Golf Fund Close-Out and
Additional Budget Appropriations
212
RECOMMENDATION 2
That the City Council approve and authorize:

1. Additional budget appropriations in the amount not to exceed $291,401 for FY 2025-26 expenses in the Golf
Course Operating Fund (651); and

2. A project budget appropriation of $52,500 from the Golf Operating Fund (651) and the corresponding Golf Capital Fund (652) transfers-in, and appropriations for the same amount for the River Ridge Event Space Project (C2242)
213

BACKGROUND
• The City of Oxnard owns the River Ridge Golf Course
(“golf operations”), a municipal golf course under the
supervision of the Public Works Department.
• The golf operations consist of two 18-hole golf courses which are currently operated under contract by American Golf Corporation (“AGC”) since July 1, 2025.
• This is the second Management Agreement with AGC, with the first Agreement having been awarded on July 1, 2019. 3 214

DISCUSSION
Close Out and Appropriation of Additional Funds
• Staff and AGC are closing the FY 2025-26 golf operations budget with $6,536,587 in revenues and $6,091,482 in
actual operating expenses.
• Since the original estimated expense budget was
$5,800,081, an appropriation from the Golf Fund (651)
balance in the amount not to exceed $291,401 is
necessary to close the year.
• Revenues: FY 2025-26 Golf Fund revenues were
budgeted at $6,500,000 and estimated at $6,536,587.
4 215

DISCUSSION
• Expenditures: FY 2025-26 Golf Fund operating
expenditures were budgeted at $5,800,081, and actuals
have been recorded at $5,571,248. In addition to the $5.6 million in operating expenses, an additional $520,234 has been captured in one-time expenses in FY 2025-26,
totaling $6,091,482 in expenses.
• The main reason for the increase in expenses is the
purchase/delivery of additional equipment such as three new sprayers that had been on backorder since 2021 and
one-time repair projects such as the elevator
modernization, per State requirements, and new turf
installed around the greens for the Victoria Lakes Course. 5 216

DISCUSSION
• AGC informed staff about these additional unforeseen
capital expenses after the FY 2025-26 midyear Council
report on February 17, 2026.
• Instead of bringing another estimated budget adjustment back to the City Council, AGC worked to absorb the
unplanned capital costs in the operations budget.
• Staff also decided to wait until the end of the fiscal year to compile all final expenses for FY 2025-26 in order to avoid multiple estimates.
6 217

DISCUSSION
Capital Improvement Program
• Per Section 5.1 of the AGC Agreement, $52,500 of the
$190,000 annual fixed management fee is designated for
transfer to the City’s capital improvement program project:

River Ridge Event Space (C2242).
• Accordingly, this $52,500 contribution is included within the $5.6 million operating expense budget.
• Staff is currently requesting the corresponding budget appropriations for this Project.
7 218
• Golf operations are funded by the Golf Enterprise Fund (651).
• Staff requests the appropriation of $291,401 for additional one-time expenses for capital equipment.
• Additionally, staff requests that the $52,500 contribution, recognized from the Management Fee contribution, be
appropriated to the existing River Ridge Event Space
(C2242).

FINANCIAL IMPACT 8
219
• Please note that the revenues for the golf course have exceeded expenditures for each of the years AGC has
been the operator.
• Staff and AGC anticipate a similar result for this current fiscal year. Here is a summary of the last three fiscal years with respect to revenues and expenditures:
• FY 2024-25: Revenues $6.7M; Expenditures $5.8M
• FY 2023-24: Revenues $7.3M; Expenditures $5.7M
• FY 2022-23: Revenues $6.2M; Expenditures $4.7M
• The funds for this appropriation are available in the Golf Fund Balance. There is no impact on the General Fund for approving these appropriations.

FINANCIAL IMPACT 9
220
Questions
221

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.2
DATE: October 6, 2026
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Ratify an Emergency Order and Authorization of the Approval of an Agreement with Toro Enterprises, Inc. for the Emergency Conditions and Repair of the City’s Water System between 700 and 740 Arcturus Avenue.

RECOMMENDATION
That the City Council review and ratify the following:

1. The Director of Public Works’ emergency order to dispense with public bidding requirements pursuant to Public Contract Code section 22050, to make emergency repairs to the City’s Water System;

2. Authorize the City Manager to enter into any contracts required to abate the emergency conditions necessitating emergency repairs to the City’s Water System between 700 and 740 Arcturus Avenue;

3. Authorize the City Manager to execute a Public Project Agreement (No. 32700217) with Toro Enterprises, Inc. for a total amount not to exceed $250,000; and

4. Ratify the Director of Public Works’ declaration of the termination of the emergency order to dispense with public bidding requirements pursuant to Public Contract Code section 22050 to make emergency repairs to the City’s Water System.
(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/SAVPJyjZ5Og

BACKGROUND
Oxnard City Code Section 4-30(B)(5) authorizes the Director of Public Works to order or take any directly related and immediate action necessary in response to an emergency without providing notice for bids to let contracts for a public project, in accordance with Public Contract Code Section 22050.

On September 9, 2026, at approximately 10:00 p.m., the City’s Water Division was notified through the after-hours standby phone of water bubbling to the surface in the roadway near 707 Arcturus Avenue. Water Division staff responded to the location and began evaluating the source of the water. At the time of the initial response, staff could not confirm that the surface water was a result of a break in the City’s underground potable water system since no physical break in the potable water system could be located. Because staff could not find an underground water pipe break, the surface water was assumed to be from the nearby Ventura County flood control channel. Staff made a determination to reassess the location after the surface water in the County’s flood control channel subsided.

As part of the reassessment on September 17th, water was still present at the street surface near 707 Arcturus Ave. As such, Water staff performed additional exploratory excavations to inspect the City’s water infrastructure for potential leaks. Again, no leak was detected within the City’s potable water infrastructure. However, the additional excavation made it possible for Water staff to determine that the surface water was from the County’s nearby storm drain 222
infrastructure.

The water from the storm drain system created a void under the City street that needed to be repaired immediately due to the hazardous condition it created for the public using Arcturus Ave. Since Water staff did not have the required equipment or materials to address this emergency work, Toro Enterprises, Inc. (Toro) was called, as approved by the Public Works Director, to complete the necessary emergency repairs. The work included placement of one-foot rock for stabilization, fill-sand to stabilize and protect the water infrastructure, 1.5-sack slurry mix to protect the existing infrastructure, and hot-mix asphalt paving to restore the roadway surface.

During the emergency work at 707 Arcturus Avenue, a water leak from the City’s potable water system was subsequently identified near 740 Arcturus Avenue, approximately 330 feet east of the initial emergency location. Upon investigation, the leak was determined to be a crack in the bonnet of a 4-inch water valve. To prevent further City potable water loss and potential damage to the surrounding roadway and infrastructure, Water staff contacted the Director of Public Works to request that emergency work be performed by Toro since they were already there making emergency repairs to the underground void created by the stormwater.

All aspects of the emergency work commenced on Thursday, September 17, 2026, with Toro completing the backfill and roadway stabilization followed by repairs to the 4-inch water valve and riser. The work was necessary to address the immediate conditions, protect City infrastructure, stabilize the affected roadway, and restore the area to a safe condition.

As of the date of this report, the repairs to the potable water system and filling the void that caused the two separate emergency circumstances have ceased, and no further emergency action is required at this time; as such, the first available City Council meeting at which the emergency action may be presented is October 6, 2026. There is still some remaining non-emergency work, e.g., final repairs to the asphalt street surface, which Toro is tentatively scheduled to do by September 25, 2026, which is after the drafting of this staff report. Since no additional emergency work is necessary, the Public Works Director has determined that the emergency is terminated. It is recommended that the City Council ratify the Public Works Director’s termination decision.

DISCUSSION
The provisions of the Purchasing Ordinance allow emergency work to proceed without competitive bidding, subject to certain requirements. Pursuant to Oxnard City Code Section 4-30 and Public Contract Code §22050, the Director of Public Works may order any emergency action required to repair or replace any public facility without adopting plans, specifications, working details, or giving notice for bids to let contracts. Such work may be performed by City Staff or a Contractor, or a combination of the two. In this case, most of the emergency repair work has been performed by a thirdparty contractor, Toro Enterprises, Inc.

The City’s Purchasing Ordinance 3053 sets forth Section 4-30 regarding Emergencies for public projects. Under the City’s updated purchasing policy, task orders for similar work are limited to $75,000. When emergency repair costs are expected to exceed that threshold, the City must proceed immediately to address the emergency, restore service(s), and protect public health and safety, but the associated agreement(s) must subsequently be brought to the City Council for ratification and approval. As a result, Council is now seeing more emergency repair items than in prior years.

As of the date of drafting this staff report, the total costs for the emergency work have not been provided by Toro. Staff recommends approving the City Manager the authority to enter into a public contract with a not-to-exceed amount of $250,000, which is still an estimate, based upon the estimated cost information we have received to date from Toro. Once all costs and invoices are submitted by Toro and reviewed/accepted by City Water staff, a subsequent staff report may be required to be presented to the City Council to ratify the public project agreement with the final dollar amount if it exceeds $250,000. Also, as of the drafting of this staff report, the final public project agreement has not been completed and therefore is not attached to the staff report.

City staff will be notifying Ventura County Public Works staff about the storm water channel issue to discuss possible reimbursement of costs.

STRATEGIC PRIORITIES
223
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
As of the date of this report, the repairs to the potable water system that caused the two separate emergency circumstances have ceased. Staff is recommending executing a Public Project Agreement (No. 32700217) with Toro Enterprises, Inc. for a total amount not to exceed $250,000. These emergency orders will be funded from available appropriations in the City Council-approved Fiscal Year 2026-27 Water Operating Fund (6013600-53200).

COMMITTEE OUTCOME
This item did not originate in Committee per the City Council Committee Bylaws Resolution 15,851, Article II, Section D.3.c, as this is an urgency item.

Prepared by: Chris Peyton, Water Division Manager

ATTACHMENTS

1. Presentation
224
Ratify an Emergency Order and Authorization of the Approval of an Agreement with Toro Enterprises, Inc. for the
Emergency Conditions and Repair the
City’s Water System between 700 and 740 Arcturus Avenue City Council
October 6, 2026
Chris Peyton
Water Division Manager
225

RECOMMENDATION
That the City Council review and ratify the following:

1. The Director of Public Works’ emergency order to dispense with public bidding requirements pursuant to Public Contract Code section 22050, to make emergency repairs to the City’s Water System;

2. Authorize the City Manager to enter into any contracts required to abate the emergency conditions necessitating emergency repairs to the City’s Water System between 700 and 740 Arcturus Avenue;

3. Authorize the City Manager to execute a Public Project Agreement (No. 32700217) with Toro Enterprises, Inc. for a total amount not to exceed $250,000; and

4. Ratify the Director of Public Works’ declaration of the termination of the emergency order to dispense with public bidding requirements pursuant to Public Contract Code section 22050 to make emergency repairs to the City’s Water System.
2 226

BACKGROUND
• Oxnard City Code Section 4-30(B)(5) authorizes the Director of Public Works to order or take any directly related and immediate action required in an emergency without giving notice for bids to let contracts for a public project, in conformity with Public Contract Code section 22050
3 227

BACKGROUND
• On September 9, 2026, the Water
Division was notified of water
bubbling to the surface in the
roadway near 707 Arcturus Ave
• Water staff could not confirm that
the surface water was a result of a
break in the City’s underground
potable water system
• No physical break in the potable
water system could be located
4 228

BACKGROUND
• The surface water was assumed to be
from Ventura County flood control
channel
• Staff made a determination to reassess
the location after the water in the
County’s channel subsided
• On September 17th - a reassessment
found that water was still present. Staff
performed additional excavations to
inspect the City’s water infrastructure.

Again, no leak was detected within the
City’s potable water infrastructure
5 229

BACKGROUND
• Additional excavation
determined that the surface
water was from the County’s
storm drain infrastructure
• Water from the storm drain
system created a void under
the City street
• Immediate roadway repairs
due to the hazardous
conditions were necessary on
Arcturus Ave
6 230

BACKGROUND
• Water staff did not have the
required equipment or
materials to address this
emergency work
• Toro Enterprises, Inc. (Toro)
completed the necessary
emergency repairs as
approved by the Public Works
Director
7 231

BACKGROUND
• During the emergency work at 707 Arcturus Ave, a water leak was identified near 740 Arcturus Avenue (approx. 330 feet east) of the emergency location
• An active leak was determined to be a crack in the bonnet of a 4-inch water valve
8 232

BACKGROUND
• To prevent further City potable water loss
and potential damage to the surrounding
roadway and infrastructure, Staff and
approved by the Director of Public Works
requested the emergency work be
performed by Toro
• Emergency work commenced on
Thursday, September 17, 2026, with Toro
completing roadway stabilization followed
by repairs to the 4-inch water valve and
riser
9 233

BACKGROUND
• All work addressed immediate conditions, protected City infrastructure, stabilized the affected roadway, and restored the area to a safe condition
• As of the date of this report, repairs to the potable water system and filling the void that caused the two separate emergency circumstances have ceased. No further emergency action is required
• The Public Works Director has determined that the emergency is terminated. It is recommended that the City Council ratify the Public Works Director’s termination decision
10 234

DISCUSSION
• The City’s Purchasing Ordinance 3053 sets forth Section 4-30 regarding Emergencies for public projects
• The Director of Public Works may order any emergency
action required to repair or replace any public facility without adopting plans, specifications, working details, or giving notice for bids to let contracts.
• Such work may be performed by City Staff or a Contractor, or a combination of the two.
• In this case, most of the emergency repair work will be performed by a third-party contractor, Toro Enterprises, Inc. 11 235

DISCUSSION
• Under the City’s updated purchasing policy, task orders for similar work are limited to $75,000
• When emergency repair costs are expected to exceed that threshold, the City must proceed immediately to address the emergency, restore service(s), and protect public health and safety, but the associated agreement(s) must subsequently be brought to the City Council for ratification and approval. • As a result, Council is now seeing more emergency repair items than in prior years
12 236

DISCUSSION
• The total costs for the emergency work is pending. Staff recommends approving the City Manager to enter into a public contract with a not-to-exceed amount of $250,000
• All costs and invoices will be reviewed by City Water • A final public project agreement has not been completed and therefore is not attached to the staff report
• City staff will be notifying Ventura County Public Works staff about the storm water channel issue to discuss possible reimbursement of costs
13 237

FINANCIAL IMPACT
• As of the date of this report, the repairs to the potable water system that caused the two separate emergency circumstances have ceased
• Staff is recommending executing a Public Project Agreement (No. 32700217) with Toro Enterprises, Inc. for a total amount not to exceed $250,000
• These emergency orders will be funded from available
appropriations in the City Council-approved Fiscal Year 2026-27 Water Operating Fund (6013600-53200)
238
QUESTIONS?
239