Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.org.
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.
Agenda Item Time Estimates include: (Minutes for Presentation + Council Discussion + Public Comment)
AGENDA
OXNARD CITY COUNCIL
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
Council Chambers, 305 West Third Street
July 22, 2025
Regular Meeting - 6:45 PM to 8:15 PM
Zoom details to call-in for public comment during a meeting:
1. Dial Phone Number: (888) 475-4499
2. Enter Meeting ID: 842 4640 8947
3. Passcode: 980352
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom call-in steps listed above. Once the presiding officer calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room. Press *6 when asked to unmute. Listen to the instructions provided virtually on the phone while on hold in the zoom waiting room. Please note that there is a slight time delay when viewing the meeting via television.
IN ACCORDANCE WITH ASSEMBLY BILL 2449, MEMBERS OF THE LEGISLATIVE BODY MAY MEET IN- PERSON OR REMOTELY. TO PARTICIPATE REMOTELY VISIT WWW.OXNARD.ORG.
To find out how you may provide public comment, please refer to the instructions below or at www.https://www.oxnard.org/city-meetings/.
The public may view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews.
Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/city- meetings.
*Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.
YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:
1. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.
2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING
a. Submit a request to speak remotely by no later than 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
b. Submit an email to [email protected] no later than 3 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the legislative body prior to the start of the meeting and made part of the legislative record.
c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.
3. PROVIDING PUBLIC COMMENTS REMOTELY DURING THE MEETING
1 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE July 22, 2025 - Page 2
a. To provide public comment during the meeting dial (888) 475-4499 and enter the Meeting ID and Passcode listed above as the Zoom details for this meeting. When the presiding officer announces the particular item on the agenda you want to speak on, press *9 to raise your hand while in the zoom waiting room. Once called on, press *6 to unmute your phone.
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.
Please review the Zoom instructions on the registration page to help ensure there are no technical difficulties during your comments and help you understand public comment procedures using Zoom. Detailed participation instructions can be found at www.oxnard.org/city-meetings.
In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call-in option or internet- based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored.
A. ROLL CALL, POSTING OF AGENDA, FLAG SALUTE
Consideration of Teleconference Participation pursuant to Assembly Bill 2449.
During this meeting, Vice Chair Teran will be participating remotely from the following location: Visalia Marriott at the Convention Center, 300 South Court Street, Visalia, CA 93291
B. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA AND NON-ACTION ITEMS
A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body, and on non-action items such as ceremonial items, report of city manager / executive director / secretary, and city council/ housing authority / successor agency / financing authority business / committee reports. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager / Executive Director / Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.
C. CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the Public Works and Transportation Committee approve the minutes of the June 24, and July 8, 2025.
Contact: Luly Lopez, (805) 385-7805
D. REPORTS
1. Public Works Department
SUBJECT: Agreement 32600022 with Parkhouse Tire Service, Inc. dba Parkhouse Tire, Inc. for Tire Retreading and Repair Services. (10 minutes)
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with Parkhouse Tire Service, Inc. dba Parkhouse Tire Inc. for a total amount not to exceed $1,000,000 for an initial term of one year from September 4, 2025 to September 3, 2026 with an option for four consecutive one- 2 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE July 22, 2025 - Page 3
year period extensions ending September 3, 2030 to provide tire retread and repair services.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/HSi4RJJm6k4
Contact: Michael Wolfe, (805) 385-8055
2. Public Works Department
SUBJECT: Agreement 32600066 with Eurofins Eaton Analytical, LLC for Lab Testing Services. (10 minutes)
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with Eurofins Eaton Analytical, LLC for an initial term of one year from October 1, 2025, to September 30, 2026, with the option for four consecutive one-year period extensions ending September 30, 2030, for a total contract amount not to exceed $2,325,000 for laboratory testing services for the Public Works Department.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/yqR63_tIln8
Contact: Michael Wolfe, (805) 385-8055
3. Public Works Department
SUBJECT: Agreement 32600021 with Joseph Garcia DBA Casamar Group LLC for On-Call Labor Compliance Services. (10 minutes)
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with Joseph Garcia DBA Casamar Group LLC for a total amount not to exceed $1,000,000 with an initial term of one year from October 15, 2025, to October 14, 2026, with an option for four consecutive one-year period extensions ending October 14, 2030, for on-call labor compliance services.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/9NokcC9tuJU
Contact: Michael Wolfe, (805) 385-8055
4. Public Works Department
SUBJECT: Agreement 32600043 with Arborpro Inc. for Urban Forestry Services. (10 minutes)
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with Arborpro Inc. for a total amount not to exceed $363,186 with an initial term of two years from September 3, 2025 to September 2, 2027, with the option for one consecutive one-year period extension ending September 2, 2028, for Urban Forestry Services.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/l0ho6yrxJT4
Contact: Michael Wolfe, (805) 385-8055
5. Public Works Department
SUBJECT: Information Technology Software Agreement 32600028 with Paradigm Software for Software for Scale House Operations for the Environmental Resources Division. (10 minutes) RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Information Technology Software 3 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE July 22, 2025 - Page 4
Agreement with Paradigm Software for a total amount not to exceed $504,325.98 for a term of five years ending September 30, 2030.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/q0XlXzPbJzI
Contact: Michael Wolfe, (805) 385-8055
E. ITEMS FOR FUTURE AGENDAS
F. ADJOURNMENT
4 PUBLIC WORKS AND TRANSPORTATION COMMITTEE
AGENDA REPORT
CONSENT AGENDA
AGENDA ITEM NO. C.1
DATE: July 22, 2025
TO: Public Works and Transportation Committee
FROM: Luly Lopez, City Clerk, (805) 385-7805, [email protected]
SUBJECT: Approval of Minutes.
RECOMMENDATION
That the Public Works and Transportation Committee approve the minutes of the June 24, and July 8, 2025.
BACKGROUND
Approval of minutes.
STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
There is no financial impact.
Prepared by: Luly Lopez, City Clerk
ATTACHMENTS
1. Minutes of the Public Works and Transportation Committee for June 24 2025
2. Minutes of the Public Works and Transportation Committee for July 8 2025
5 MINUTES
OXNARD CITY COUNCIL
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
Regular Meeting
June 24, 2025
A. ROLL CALL, POSTING OF AGENDA, FLAG SALUTE
At 6:49 p.m., Chair Luis A. Mc Arthur called to order the regular meeting of the Oxnard City Council Public Works and Transportation Committee in the City Hall Council Chambers at 305 West Third Street, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda. Chair Luis A. Mc Arthur; Member Gabriela Basua and Member Gabe Teran were present. Member Teran led the pledge of allegiance.
Staff members present were Alexander Nguyen, City Manager; Michelle McCarron, Assistant City Attorney; Michael Wolfe, Public Works Director; Tim Beaman, Assistant Public Works Director; Brian Yanez, Assistant Public Works Director; Brandon Lopez, Parks Manager and Lourdes A. López, City Clerk.
Consideration of Teleconference Participation pursuant to Assembly Bill 2449.
B. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA AND NON-ACTION ITEMS
No public comments were received.
C. CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the Public Works and Transportation Committee approve the minutes of the May 27 and June 10, 2025 regular meetings as presented.
No public comments were received.
It was moved by Member Teran, seconded by Member Basua, to approve the Information/Consent item as presented. VOTE: Basua, Teran and Mc Arthur voted in favor; the motion carried 3-0.
D. REPORTS
1. Public Works Department
SUBJECT: Annual Purchase Orders with Astra Backflow, Inc. for Backflow Equipment and Supplies. (10 minutes)
RECOMMENDATION: The Public Works and Transportation Committee recommends that the City Council approve and authorize the Purchasing Agent to 6 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE June 24, 2025 Page 2
execute annual purchase orders with Astra Backflow, Inc. (Astra) for an initial term of one year from July 1, 2025, to June 30, 2026, with an option for four consecutive one- year period extensions ending June 30, 2030, for a total contract amount not to exceed $860,000 for backflow equipment and supplies.
Assistant Public Works Director Beaman presented and answered the Committee’s questions. Discussion ensued among the Committee and staff. No public comments were received.
It was moved by Member Teran, seconded by Member Basua, to approve the recommended action as presented. VOTE: Teran, Basua and Mc Arthur voted in favor; the motion carried 3-0.
2. Public Works Department
SUBJECT: Agreement 32600002 with Pirate California Holdings, LLC dba Pirate Staffing for Temporary and Supplemental Labor Services at the Del Norte Regional Recycling and Transfer Station. (10 minutes)
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an agreement with Pirate California Holdings, LLC dba Pirate Staffing with an initial term of three years from July 16, 2025 through July 15, 2028, with an option for two one-year extensions ending July 15, 2030 for a total amount not to exceed $1,250,000, for temporary and supplemental labor services at the Del Norte Regional Recycling and Transfer Station (Del Norte).
Assistant Public Works Director Yanez presented and answered the Committee’s questions. Discussion ensued among the Committee and staff. No public comments were received.
It was moved by Chair Mc Arthur, seconded by Member Teran, to approve the recommended action as presented. VOTE: Basua, Mc Arthur and Teran voted in favor; the motion carried 3-0.
3. Public Works Department
SUBJECT: Agreement 32500487 with Cragoe Pest Services, Inc. for Landscape Pest Control Services. (10 minutes)
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an agreement with Cragoe Pest Services, Inc. with an initial term of three years from July 16, 2025 to July 15, 2028, with an option for two consecutive one-year period extensions ending July 15, 2030, and for a total amount not to exceed $660,000 for landscape pest control services at City parks and other City landscaped areas.
The Parks Manager presented and answered the Committee’s questions. Discussion 7 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE June 24, 2025 Page 3
ensued among the Committee and staff. No public comments were received.
It was moved by Chair Mc Arthur, seconded by Member Basua, to approve the recommended action as presented. VOTE: Mc Arthur, Teran and Basua voted in favor; the motion carried 3-0.
4. Public Works Department
SUBJECT: Public Project Agreement 32600023 with BSN Construction Inc. for Asphalt Repairs in Multiple Neighborhood Locations, Specification No. PW 25-107. (10 minutes)
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with BSN Construction Inc., in the amount of $504,768 for the Project and approve a Project contingency amount of $50,477 (~10%) for a total not to exceed value of $555,245 for the Project.
Assistant Public Works Director Beaman presented and answered the Committee’s questions. Discussion ensued among the Committee and staff. No public comments were received.
It was moved by Chair Mc Arthur, seconded by Member Basua, to approve the recommended action as presented. VOTE: Teran, Basua and Mc Arthur voted in favor; the motion carried 3-0.
E. ITEMS FOR FUTURE AGENDAS
No requests were made.
F. ADJOURNMENT
There being no further business on the agenda, and without objection, Chair Mc Arthur adjourned the meeting at 7:07 p.m.
________________________________ ________________________________ LOURDES A. LÓPEZ LUIS A. MC ARTHUR
City Clerk Chair
8 MINUTES
OXNARD CITY COUNCIL
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
Regular Meeting
July 8, 2025
Because there were no items requiring consideration on this date, there was no regular meeting.
________________________________ ________________________________ LOURDES A. LÓPEZ LUIS A. MC ARTHUR
City Clerk Chair
9 PUBLIC WORKS AND TRANSPORTATION COMMITTEE
AGENDA REPORT
REPORTS
AGENDA ITEM NO. D.1
DATE: July 22, 2025
TO: Public Works and Transportation Committee
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Agreement 32600022 with Parkhouse Tire Service, Inc. dba Parkhouse Tire, Inc. for Tire Retreading and Repair Services. (10 minutes)
RECOMMENDATION
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with Parkhouse Tire Service, Inc. dba Parkhouse Tire Inc. for a total amount not to exceed $1,000,000 for an initial term of one year from September 4, 2025 to September 3, 2026 with an option for four consecutive one-year period extensions ending September 3, 2030 to provide tire retread and repair services.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/HSi4RJJm6k4
BACKGROUND
The Fleet Services Division (Fleet) of the Public Works Department is responsible for managing, maintaining, and repairing the City’s fleet of 990 vehicles and equipment, valued at over $56 million as of May 15, 2025.
This includes performing preventive maintenance, conducting thorough inspections, and completing a full range of repairs, from light to heavy, as needed. To support ongoing fleet operations, Fleet Services requires a contractor to provide tire retreading, mounting and dismounting, plug and patch repairs, and roadside assistance services, available 365 days a year.
In addition to passenger vehicles and light-duty trucks, the City’s fleet includes approximately 110 heavy-duty vehicles such as refuse trucks, dump trucks, semi-tractor/trailers, and fire apparatus, all of which rely on retread and tire repair services. Retreading offers significant environmental and economic advantages by reducing waste and using fewer resources and less energy compared to manufacturing new truck tires. It also provides substantial cost savings, typically between 30% and up to 50% less than the cost of new tires. Fleet has spent approximately $154,000 in FY 2024–2025, with an average expenditure of $144,000 annually for these types of services.
Designed for durability, truck tires can be safely retreaded up to three times, extending their lifespan. This results in notable financial, operational, and sustainability benefits for the City. Tire retreading is outsourced due to the need for specialized equipment, including a curing chamber and a shearography (X-ray) machine.
The curing chamber bonds the tread to the casing using high heat and pressure, while the X-ray machine verifies the quality and structural integrity of the retreaded tire.
10 Roadside services include, but are not limited to, flat tire repairs, tire mounting, and patching at various locations both within and beyond City limits. Roadside services make up a small portion of this contract but are used as needed due to staff workload and urgent situations. The Contractor is required to dispatch appropriate equipment within 15 minutes of receiving a service call. Response times must not exceed 30 minutes for locations within City limits and one hour for locations outside City limits.
Parkhouse Tire, Inc., located in the City of Oxnard, has been the Fleet Division’s provider for heavy equipment tire services for the past 21 years.
DISCUSSION
A Request for Bid PW 25-115 (RFB) was issued by the Purchasing Division on April 8, 2025, with a closing date of May 8, 2025. The City received three responses to the RFB; two were deemed responsive - Parkhouse Tire, Inc. and Santa Maria Tire, Inc. As a result of the RFB, the City determined Parkhouse Tire, Inc. to be the lowest responsive bidder. Parkhouse Tire, Inc. meets all required City contractual provisions, including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State. Based upon the research performed to date, staff believes that the vendor is capable of successfully performing these services for the City. Furthermore, they have continued to perform effective and dependable services.
The table below summarizes all rates and costs for tire retread and repair services requested in the RFB:
Parkhouse Tire Service, Inc.
dba Parkhouse Tire, Inc.
Santa Maria Tire Inc
dba SM Tire
$6,410.37 $8,080.67
STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
The total cost for this agreement with Parkhouse Tire, Inc. shall not exceed $1,000,000 over five years, if extended all years. Funding will begin in Fiscal Year 2025-26 and is included in the FY 2025-26 Adopted Budget from the Fleet Services Fund (741). The estimated spending plan is shown in the table below and includes estimates for allowable consumer price increases (if requested by the contractor and approved by the City) and possible impacts from tariffs. Funding for subsequent fiscal years will be requested in the annual budget process.
Estimated Spending Plan
Account Number FY 25-26 FY 26-27 FY 27-28 FY 28-29 FY 29-30 TOTAL 7413750-55050 $164,000 $180,000 $198,000 $218,000 $240,000 $1,000,000
Prepared by: Brian Yanez, Assistant Public Works Director, Jose Arreola, Fleet Services Manager
ATTACHMENTS
1. Agreement No. 32600022
11 2. Bid Tabulation
3. Prior Agreement Rate Sheet
4. Presentation
12 Agreement No. 32600022
GENERAL SERVICE AGREEMENT
BETWEEN
THE CITY OF OXNARD AND PARKHOUSE TIRE SERVICE, INC. DBA PARKHOUSE TIRE, INC.
By This General Services Agreement (“Agreement”), the CITY of Oxnard (“City”) agrees to engage the services of Parkhouse Tire Service, Inc. DBA Parkhouse Tire, 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.
Service Provider shall provide comprehensive tire services for the City of Oxnard’s Fleet Services Division, including on- site and off -site tire retreading, mounting, dismounting, patching, plugging, and 24/7 roadside assistance for a fleet of approximately 100 heavy - duty vehicles. Services shall be performed at designated City facilities and various locations within and outside City limits. The Service Provider shall maintain live dispatch personnel at all times and must dispatch service equipment within 15 minutes of a service request, with arrival required within 30 minutes for in-City calls and within one hour for out- of-City calls.
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
Parkhouse Tire Service, Inc . DBA Parkhouse Tire, Inc, a corporation of the State of California, located at 6006 Shull Street, Bell Gardens, CA 90201.
4. TERM OF AGREEMENT:
From: September 4, 2025 To: September 3, 2026
A. Time is of the essence in this Agreement.
13 Agreement No. 32600022
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 On-Call General Services Agreement.
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. AG
REEMENT AMOUNT NOT TO EXCEED: $1,000,000.001
6. AG
REEMENT 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 and Task Order Template
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS - I Exhibit D: [RESERVED] This exhibit related to section 15 Exhibit E: Living Wage Policy
Exhibit F: Prevailing Wage Policy
Exhibit G: Iran Contracting Certification
7. D
ESIGNATED REPRESENTATIVES. The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the services under this Agreement. Additionally, Service Provider’s services shall be performed or immediately supervised by the Service Provider’s Representative:
City Designated Representative
Name: Jose Arreola
Title: Fleet Services Manager
Phone: 805-385-8011
Email: [email protected]
Address: 1060 Pacific Ave, Building 2, Oxnard,
CA 93030
Service Provider Designated Representative
Name: Joe Robledo
Title: Sales Representative
Phone: (805) 558-8221
Email: [email protected]
Address: 663 Maulhardt Ave., Oxnard, CA
93030
1 This is not a guaranteed dollar amount. No services or work performed pursuant to a Task Order shall exceed the “Not to Exceed” Amount of the Contract or the agreed upon amount stated in the Task Order.
14 Agreement No. 32600022
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.” Service Provider’s compensation shall not to exceed amount stated in the Task Order.
Under no circumstances shall the Service Provider perform work in excess of the amount stated in the Task Order or 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.
A. Annual Rate and Fees adjustments must be requested in writing and accompanied by information to substantiate the request for price adjustments.
Adjustments are subject to approval by the City. Any allowable request for adjustment must be delivered to the City at least 30 days before the adjusted
15 Agreement No. 32600022
prices become effective. No price adjustment allowable under this Contract will be granted retroactively. The City must also be given the benefit of any decline in prices.
11. PAYMENT & INVOICES. City shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the City disputes one or more items in an invoice, the City shall, within thirty (30) days after receipt of such invoice, notify the Service Provider of the item(s) being disputed and the reason(s) therefore. The City may withhold payment for such disputed items until resolution of the dispute.
A. Payment Request. 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 com petency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Service Provider and its employees, agents and Subcontracted Service Providers.
D. Service Provider shall provide City with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by Service Provider or materials or products provided to City by Service Provider, Service Provider shall pay the sales tax. City shall not reimburse Service Provider for sales taxes paid by Service Provider
12. OPTION TO EXTEND AGREEMENT. When in the City’ s best interest, this Agreement may only be extended, if the City, in its discretion, exercises an option term in accordance with Section 4 subparagraphs (B) and (C) of this Agreement. The initial term, plus any
16 Agreement No. 32600022
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 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
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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 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
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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 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
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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 i nstances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.
23. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Service Provider shall be construed to be both a covenant and a condition.
24. WAIVER. City’s review or acceptance of, or payment for, work product prepared by Service Provider under this Agreement will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Service Provider’s performance. A waiver by 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
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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 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
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reason of the independent contractor relationship created by thi s 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 Provi der obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. Service Provider shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”. Maintenance of insurance coverages by Service Provider is a material element of this Agreement. Service Provider’s failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.
27. 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 REQUI REMENTS. 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.
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A. To determine if this Agreement is subject to compliance monitoring and enforcement, go to: https://www.dir.ca.gov/Public-
Works/PublicWorksSB854FAQ.html
B. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.
C. In the event that there is a difference between the amount of wages to be paid under the City of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two 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 Commissio n Form 700, Statement of Economic Interests, Service Provider shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk.
Acquisition or maintenance of a conflicting interest by Service Provider may result in termination of this Agreement by the City.
30. IRAN CONTRACTING ACT. In accordance with the Iran Contract Act of 2010 (Public Contract Code sections 2200- 2208) the City requires that any Consultant that submits a proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or Services of one million dollars ($1,000,000) or more, must certify, that the Consultant is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.
A Consultant is ineligible to enter into any contract with the City for goods or Services of one million dollars ($1,000,000) or more if the Consultant engages in investment activities in Iran. Consultant must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contract Act Certification attached as Exhibit G.
31. SUBCONTRACTING. If Service Provider requires the assistance of a subcontractor to render any services under this agreement, Consultant shall obtain prior written consent
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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.
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
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later. Service Provider shall maintain all such records in City or to promptly reimburse City for all reasonable costs incurred in conducting the audit at a location other than in City, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. Service Provider shall include a copy of this Section in all contracts with its subcontractors, and Service Provider shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.
35. ADVERTISING AND PUBLICITY. Service Provider shall not use the name of or refer to City directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.
36. NONDISCRIMINATORY EMPLOYMENT. Service Provider shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. Service Provider understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, Service Provider shall be responsible for such subcontractor’s compliance with this Section.
37. FORCE MAJEURE. Neither the Service Provider nor the City shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the City.
38. GOVERNING LAW. The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, 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 com petent 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
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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 i t 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 refer ence herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the City are not binding upon the City’s Designated Representative unless specifically agreed to in writing, and initiated by City’s Designated Representative, as to each additional contractual term or condition.
45. ACKNOWLEDGEMENT. By signing below, Service Provider acknowledges that it has reviewed the City’s General Services Agreement terms and conditions and insurance requirements and that Service Provider hereby agrees to full compliance.
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In witness whereof, the Parties have entered into this Agreement effective on the date as written in section 4 and upon signature of all Parties.
CITY OF OXNARD PARKHOUSE TIRE SERVICE, INC. DBA PARKHOUSE TIRE, INC.
☐Luis A. Mc Arthur, Mayor2 Date James Parkhouse, CEO Date ☐Jennifer Yates,3
Purchasing Manager
Brian Parkhouse, President4 Date
ATTEST:
Lourdes A. López, CITY Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, CITY Date
Attorney (always required)
2 The City Council must authorize and the Mayor must execute any agreement over $220,000. 3 The Purchasing Agent may execute any authorized agreement up to $220,000. 4 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.
If the company has a different structure, or if the above- listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company.
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EXHIBIT A
GENERAL SERVICE AGREEMENT
(City of Oxnard and Parkhouse Tire Service, Inc. DBA Parkhouse Tire, Inc.)
SCOPE OF SERVICES
Project Manager: Jose Arreola
Title: Fleet Services Manager
Phone: (805) 385-8011
Email: [email protected]
The City of Oxnard Fleet Services Division operates and maintains a fleet of approximately 100 heavy duty trucks, including but not limited to, dump trucks and semi-tractor/trailer combinations. The Fleet Services Division has exclusively used Bridgestone Bandag retread tires, a division of Bridgestone Americas Tire Operations LLC, for over 18 years and is seeking to procure services for onsite and offsite tire services located within and outside of City Limits.
1. Services include on-site and off-site tire retreading, mounting, dismounting, plug and patch, and roadside services 365 days a year.
2. On-site services are to be performed at the Fleet Services Division located at 1060 Pacific Ave, Building #2, Oxnard, CA 93030 and at the Environmental Resources Division located at 111 S. Del Norte Blvd, Oxnard, CA 93030.
3. Roadside services are to be performed at various locations within and outside City limits, including but not limited to flat tires and blowouts.
4. Live dispatch personnel are required to be available to respond to service calls from the City at all times.
5. Contractor must dispatch sufficient equipment within 15 minutes from the time the call is received and shall arrive at the service location within 30 minutes of receiving the call for dispatch within City limits and within one hour for dispatch outside City limits.
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EXHIBIT B
GENERAL SERVICE AGREEMENT
(City of Oxnard and Parkhouse Tire Service, Inc. DBA Parkhouse Tire, Inc.)
SCHEDULE OF COMPENSATION
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EXHIBIT C
GENERAL SERVICES AGREEMENT
(City of Oxnard and Parkhouse Tire Service, Inc. DBA Parkhouse Tire, Inc.)
INSURANCE REQUIREMENTS
Prior to contract approval, CONSULTANT/SERVICE PROVIDER /SELLER/BIDDER (hereafter referred to as “SERVICE PROVIDER”) must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document.
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EXHIBIT D
GENERAL SERVICES AGREEMENT
(City of Oxnard and Parkhouse Tire Service, Inc. DBA Parkhouse Tire, Inc.)
FEDERAL GRANT ADDENDUM
[RESERVED]
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EXHIBIT E
GENERAL SERVICES AGREEMENT
(City of Oxnard and Parkhouse Tire Service, Inc. DBA Parkhouse Tire, 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 s ervices 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 $20.06 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.
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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2025
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 $20.06 per hour for each hour that such employee provides Services under this Agreement. This hourly rate shall be adjusted on July 1, 2026, 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.
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EXHIBIT F
GENERALSERVICES AGREEMENT
(City of Oxnard and Parkhouse Tire Service, Inc. DBA Parkhouse Tire, 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 provi sions 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 submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
41 Agreement No. 32600022
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 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
42 Agreement No. 32600022
and other related costs. All duties of Service Provider under this Section shall survive Agreement termination.
43 Agreement No. 32600022
EXHIBIT G
GENERAL SERVICES AGREEMENT
(City of Oxnard and Parkhouse Tire Service, Inc. DBA Parkhouse Tire, Inc.)
IRAN CONTRACTING ACT CERTIFICATION
44 Hours of Service Cost per Hour Minimum # of
Hours Total Cost Cost per Hour Minimum # of
Hours Total Cost
7:00am-5:00pm M-F 94.50 $ 94.50 $ 99.00 $ 1 99.00 $
5:01pm-6:59am M-F 125.00 $ 125.00 $ 150.00 $ 2 300.00 $ Weekends/Holidays 125.00 $ 125.00 $ 150.00 $ 2 300.00 $ TOTAL 344.50$ 344.50 $ 399.00 $ 699.00 $
Tire Size Manufacturer Model Model
315/80R22.5 Drive Bandag BRM BRM
315/80R22.5 Drive Bandag BRM3 BRM3
11R22.5 Drive Bandag UDR Drive UDR Drive
11R22.5 Drive Bandag DR 4.3 Drive DR 4.3 Drive
11R22.5 Bandag BRSS BRSS
TOTAL TOTAL
Service Description Location
Mount/Dismount Tires on Vehicle Onsite
Mount/Dismount Tires Loose Onsite
Mount/Dismount Tires on Vehicle Vendor Location
Mount/Dismount Tires Loose Vendor Location
TOTAL
Service Description Location
Plug and Patch Onsite
Plug and Patch Vendor Location
Flat Repair Onsite
Flat Repair Vendor Location
TOTAL
Product ID
215684
215379
215786
215600
215601
215602
215888
215922
215956
215633
215667
215718
215381
215616
215603
215604
215605
215905
215939
215973
215752
215599
Size Classification
315/80R22.5 Grade A
11R22.5 Grade A
TOTAL
Size Type
22.5 x 8.25 Aluminum
22.5 x 9.0 Aluminum
22.5 x 12.25 Aluminum
TOTAL
395.00$ 475.00$
956.00$ 1,155.00$
Wheels
Cost per Wheel Cost per Wheel
225.50$ 285.00$
335.50$ 395.00$
100.00$ 115.00$
75.00$ 90.00$
175.00$ 205.00$
TOTAL 531.97$ 486.62 $
Casings
Cost per Casing Cost per Casing
Repair Only Spot 30.00 $ $ - Repair Only Bead $ - $ - Repair Only B-42 12.31 $ 34.98 $
Repair Only B-44 14.55 $ 38.35 $
Repair Only CO-37 46.34 $ 34.75 $
Repair Only B-40 41.50 $ 32.18 $
Repair Only CO-33 40.87 $ 29.28 $
Repair Only CO-35 43.62 $ 32.03 $
Repair Only LP-10 Radial 25.22 $ 12.63 $
Repair Only B-24 34.37 $ 22.03 $
Repair for Retread Radial Bead 31.00 $ $ - Repair Only SP-8 Radial 11.35 $ 7.08 $
Repair for Retread B-44 14.55 $ 38.35 $
Repair for Retread Spot $ - $ - Repair for Retread B-40 32.18 $ 32.18 $
Repair for Retread B-42 12.31 $ 34.98 $
Repair for Retread CO-35 33.03 $ 32.03 $
Repair for Retread CO-37 35.75 $ 34.75 $
Repair for Retread B-24 23.03 $ 22.03 $
Repair for Retread CO-33 29.28 $ 29.28 $
Repair for Retread SP-8 Radial 8.08 $ 7.08 $
Repair for Retread LP-10 Radial 12.63 $ 12.63 $
30.00$ 45.00$
77.52$ 110.00$
Retreading
Product Description Cost per Repair Cost per Repair
8.76$ 10.00$
8.76$ 10.00$
30.00$ 45.00$
16.00$ 25.00$
82.00$ 120.00$
Repair Services
Cost per Tire Cost per Tire
16.00$ 25.00$
25.00$ 35.00$
*Maximum repairs shall be in accordance with Bandag manufacturer specifications 823.88$ 975.00$
Tire Mount/Dismount
Cost per Tire Cost per Tire
166.13$ 171.00$
Cost per Tire Cost per Tire
167.73$ 223.00$
202.38$ 245.00$
25.00$ 35.00$
Bid Tabulation 25-115 Tire Retread and Repair Services
Parkhouse Tire, Inc. Santa Maria Tire Inc. dba SM TireField Road Service: Flat Tires & Blowout Repairs Tire Retread
154.87$ 190.00$
132.77$ 146.00$
45 Manufacturer Size
Bridgestone
(no substitutions)
11R22.5
Firestone
(no substitutions) 11R22.5
Firestone
(no substitutions) 315/80 R22.5
Bridgestone
(no substitutions) 315/80 R22.5
Bridgestone
(no substitutions) 425/65 R22.5
Bridgestone
(no substitutions) 385/65 R22.5
Bridgestone
(no substitutions) 12R 22.5
Bridgestone
(no substitutions) 11R 22.5
*Note - One additional bid, Daniels Tire Service, was deemed to be non-responsive therefore not included in the bid tabulation.
Parkhouse Tire, Inc. Santa Maria Tire Inc. dba SM Tire
TOTAL BID 6,410.37$ 8,080.67$
M799 16 ply 357.00 $ 455.00 $
TOTAL 3,385.00$ 4,288.05 $
M864 18 ply 540.00 $ 650.00 $
M799 16 ply 373.00 $ 500.00 $
M870 20 ply 420.00 $ 490.00 $
M864 20 ply 600.00 $ 815.07 $
FS561 16 ply 345.00 $ 537.98 $
FS860 20 ply 405.00 $ 490.00 $
Model Cost per Tire Cost per Tire
R268 16 ply 345.00 $ 350.00 $
TOTAL 34.50$ 42.00$
New Tires
Medium 14.00$ 15.00$
Heavy 14.00$ 22.00$
Tire Disposal
Size Cost per Tire Cost per Tire
Light 6.50$ 5.00$
46 47
48 Agreement 32600022 with Parkhouse Tire Service,
Inc. dba Parkhouse Tire, Inc. for Tire Retreading
and Repair Services
Public Works and Transportation Committee
July 22, 2025
Jose Arreola
Fleet Services Division Manager
49 That the Public Works and Transportation Committee
recommend that the City Council approve and authorize the Mayor to execute an Agreement with Parkhouse Tire Service, Inc. dba Parkhouse Tire Inc. for a total amount not to exceed $1,000,000 for an initial term of one year from September 4, 2025 to September 3, 2026 with an option for four consecutive one- year period extensions ending September 3, 2030 to provide tire retread and repair services.
Recommendation 2
50 • Fleet Services Division (Fleet) of the Public Works Department is responsible for managing, maintaining and repairing the City’s fleet of 990 vehicles and equipment, valued at over $56 million as of May 15, 2025
• This includes performing preventive maintenance, conducting thorough inspections, and completing a full range of repairs, from light to heavy, as needed
• To support ongoing fleet operations, Fleet Services requires a contractor to provide tire retreading, mounting and
dismounting, plug and patch repairs, and roadside assistance services, available 365 days a year
BACKGROUND 3
51 • In addition to passenger vehicles and light-duty trucks, the City’s fleet includes approximately 110 heavy-duty vehicles such as refuse trucks, dump trucks, semi-tractor/trailers, and fire apparatus, all of which rely on retread and tire repair services • Retreading offers significant environmental and economic advantages by reducing waste and using fewer resources and less energy compared to manufacturing new truck tires
• It also provides substantial cost savings, typically between 30% and up to 50% less than the cost of new tires
BACKGROUND 4
52 • Fleet has spent approximately $154,000 in FY 2024-2025, with an average expenditure of $144,000 annually for these types of services • Designed for durability, truck tires can be safely retreaded up to three times, extending their lifespan
• Tire retreading is outsourced due to the need for specialized equipment, including a curing chamber and a shearography (X-ray) machine
• The curing chamber bonds the tread to the casing using high heat and pressure, while the X-ray machine verifies the quality and structural integrity of the retreaded tire
BACKGROUND 5
53 • Roadside services include, but are not limited to, flat tire repairs, tire mounting, and patching at various locations both within and beyond City limits
• Roadside services make up a small portion of this contract but are used as needed due to staff workload and urgent situations • The Contractor is required to dispatch appropriate equipment within 15 minutes of receiving a service call and not exceed 30 minutes for locations within City limits and one hour for locations outside City limits
• Parkhouse Tire, Inc., located in the City of Oxnard, has been the Fleet Services Division’s provider for heavy equipment tire services for the past 21 years
BACKGROUND 6
54 • Request for Bid PW 25-115 (RFB) was issued by the Purchasing Division on April 8, 2025, with a closing date of May 8, 2025 • City received three responses to the RFB; two were deemed responsive - Parkhouse Tire, Inc. and Santa Maria Tire, Inc. • As a result of the RFB, the City determined Parkhouse Tire Inc. to be the lowest responsive bidder
DISCUSSION 7
55 • Parkhouse Tire Inc. meets all required City contractual provisions, including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State
• Based upon the research performed to date, staff believes that the vendor is capable of successfully performing these services for the City
• Furthermore, they have continued to perform effective and dependable services
DISCUSSION 8
56 • Total cost for this agreement with Parkhouse Tire, Inc. shall not exceed $1,000,000 over five years, if extended all years • Funding will begin in Fiscal Year 2025-26 and is included in the FY 2025-26 Adopted Budget from the Fleet Services Fund (741) • The estimated spending plan includes estimates for allowable consumer price increases (if requested by the contractor and approved by the City) and possible impacts by tariffs
• Funding for subsequent fiscal years will be requested in the annual budget process
FINANCIAL IMPACT 9
57 QUESTIONS?
10 58
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
AGENDA REPORT
REPORTS
AGENDA ITEM NO. D.2
DATE: July 22, 2025
TO: Public Works and Transportation Committee
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Agreement 32600066 with Eurofins Eaton Analytical, LLC for Lab Testing Services. (10 minutes)
RECOMMENDATION
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with Eurofins Eaton Analytical, LLC for an initial term of one year from October 1, 2025, to September 30, 2026, with the option for four consecutive one-year period extensions ending September 30, 2030, for a total contract amount not to exceed $2,325,000 for laboratory testing services for the Public Works Department.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/yqR63_tIln8
BACKGROUND
The City of Oxnard water, wastewater, and recycled water treatment facilities are required by State and Federal permits to sample and analyze water, wastewater, and recycled water for water quality constituents and provide certified reports. The Wastewater Division operates a small laboratory that has the ability to perform some of the basic analyses required for water, wastewater, and recycled water. The majority of the regulatory-required analyses are performed with expensive instrumentation and use complex, certified methods, which make doing these analyses in-house cost-prohibitive. Therefore, a third-party laboratory service is required to analyze samples that the wastewater laboratory cannot. The third-party laboratory provides as-needed analytical testing services as well as report preparation for regulatory authorities. This ensures compliance with the wastewater National Pollutant Discharge Elimination System (NPDES) permit, the Environmental Protection Agency (EPA), the State Water Resources Control Board, and State Division of Drinking Water (DDW) reporting requirements. Historically, the third-party laboratory has provided one-time services for other divisions and departments outside of the water utilities.
DISCUSSION
On April 28, 2025, the Purchasing Department released a Request for Proposal (RFP) PW 25-126 for Laboratory Testing Services. The RFP was directly sent to two potential laboratory firms and published on www.publicpurchase.com as well as the City’s Purchasing website. The solicitation closed on May 28, 2025, when three proposals were received.
An evaluation team consisting of the following: Wastewater Laboratory Manager, Wastewater Sr. Analyst, 59 Recycled Water Operations Manager, and the Water Regulatory Compliance Coordinator reviewed the proposal and determined Eurofins to be qualified based on comprehensive scoring criteria, including company profile and qualifications, proposed staff and expertise, relevant project experience, methodology and quality assurance, and cost. Additionally, Eurofins holds California Environmental Laboratory Accreditation Program (ELAP) and National Environmental Laboratory Accreditation Program (NELAP) certifications and meets all required City contractual provisions, including possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State. Based upon the research performed to date, staff believes that the vendor is capable of successfully performing these services for the City.
Through this contract, Eurofins will provide comprehensive drinking water, wastewater, solids, and recycled water analytical testing services for the Public Works Department. Testing will be conducted primarily out of certified laboratories in Pomona and Tustin, CA, with support from other specialized Eurofins facilities as needed. Services include routine and regulatory compliance testing, expedited turnaround times (standard 10 working days, with rush options of 1–3 days), secure sample handling and reporting, and access to Eurofins’ online data portal for real-time data review. Additionally, Eurofins will provide the City with a dedicated project manager to ensure seamless coordination and communication throughout the contract term.
The Wastewater NPDES permit requires testing for the following pollutants:
• 11 organic compounds and pesticides
• 11 metals
• 21 carcinogens
• 41 non-carcinogens
The Advanced Water Purification Facility (AWPF) NPDES permit requires testing for the following pollutants:
• 5 organic compounds and pesticides
• 18 metals
• 6 radioactive pollutants
• 27 volatile organic compounds
• 33 non-volatile organic compounds
The Water Division DDW permit requires testing for the following pollutants:
• 11 organic compounds and pesticides
• 20 metals
• 6 radioactive pollutants
• 29 volatile organic compounds
• 23 non-volatile organic compounds
• Bacteriological analysis
• Perfluorooctanoic acid (PFOA) if necessary
• Perfluorooctane sulfonate (PFOS) if necessary
A copy of the full pollutant testing list is included in the contract lab services agreements.
The following table includes Public Works’ historical spending with the previous Laboratory contractor:
60 Fiscal Year Spending Time Period
2023 $172,516.90 9 Months
2024 $328,587.38 12 Months
2025 $312,992.62 11 Months
STRATEGIC PRIORITIES
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply, and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.
FINANCIAL IMPACT
The total cost for this Agreement with Eurofins for Laboratory Testing Services shall not exceed $2,325,000 through September 30, 2030, if all years are extended. Funding for this Agreement has been programmed and is available in the Fiscal Year 2025-26 Adopted Budget from the Water Operating Fund (601), the Wastewater Operating Fund (611) and the Environmental Resources Fund (631). Funding for subsequent fiscal years will be requested through the annual budget process.
Estimated Spending Plan: Laboratory Testing Services
FY 25/26
(10 Months)
FY 26/27
(12 Months)
FY 27/28
(12 Months)
FY 28/29
(12 Months)
FY 29/30
(12 Months)
FY 30/31
(2 Months)
TOTAL
Water
(6013607-53420)
$142,000 $170,000 $198,000 $226,000 $254,000 $35,000 $1,025,000 Water
(6013605-53420)
$125,000 $150,000 $175,000 $200,000 $225,000 $25,000 $900,000 Wastewater
(6113612-53420
6113614-53420)
$62,500 $75,000 $75,000 $75,000 $75,000 $12,500 $375,000 Env. Resources
(6313630-53200)
$5,000 $5,000 $5,000 $5,000 $5,000 $0 $25,000
TOTAL $334,500 $400,000 $453,000 $506,000 $559,000 $72,500 $2,325,000
Prepared by: Timothy Beaman, Assistant Public Works Director, Jan Hauser, Wastewater Division Manager, Luis Ortega, Management Analyst
ATTACHMENTS
1. Agreement No. 32600066
2. Prior Agreement Rate Sheet
3. Presentation
61 Agreement No. 32600066
GENERAL SERVICE AGREEMENT
BETWEEN
THE CITY OF OXNARD AND EUROFINS EATON ANALYTICAL, LLC
By This General Services Agreement (“Agreement”), the CITY of Oxnard (“City ”) agrees to engage the services of Eurofins Eaton Analytical, LLC (“Service Provider”), and Service Provider agrees to perform the serv ices for City as herein descr ibed, for the compensation, during the term , and otherwise subject to the cov enants 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 DESCRIPT ION OF SERVICES.
Service provider shall provide accredited analytical testing services to support the City of Oxnard Public Works Department’s regulatory and operational monitoring programs.
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 gu arantee 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 Eurofins Eaton Analytical, LLC, an LLC of the State of Delaware with an office located at 941 Corporate Center Drive, Pomona, CA 91768.
4. TERM OF AGREEMENT: From: October 1, 2025 To: September 30, 2026 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 On-Call General Services Agreement.
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
62 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: $2,325,000.001
6. AGREEMENT EXHIBITS: The following documents memorialized below are the only exhibits to this agreement and are incorporated by reference as though fully set forth herein. In the event of a conflict between the Exhibits and this Agreement, the A
greement controls.
Exh
ibit A: Scope of Services and Task Order Template
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS - A Exhibit D: [RESERVED] This exhibit related to section 15 Exhibit E: Living Wage Policy
Exhibit F: Prevailing Wage Policy
Exhibit G: Iran Contracting Certification
7. DESIG
NATED REPRESENTATIVES. The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the services under this Agreement. Additionally, Service Provider’s services shall be performed or immediately supervised by the Service Provider’s Representative:
City Designated Representative
Name: Eric Ngo
Title: Laboratory Scientist Manager
Phone: (805) 263-2106
Email: [email protected]
Address: 305 W. 3rd Street, Oxnard, CA
93030
Service Provider Designated Representative:
Name: Ken Calcagno
Title: Account Manager
Phone: (916) 960-7479
Email: [email protected]
Address: 941 Corporate Center Drive, Pomona,
CA 91768
8. CONTRACT
UAL PREREQUISITES. This Agreement must first be executed by the Service Provider, after which the Agreement shall be approved as to form by the City 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.
Agreement No. 32600066
63 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. S
ervice 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. A ll proof of business license, insurance, and W -9 forms is required prior to execution of this Agreement.
C. S ervice 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. SER
VICE PROVIDER’S SERVICES.
A. S
ervice 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 th e “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” Service Provider’s compensation shall not to exceed amount stated in the Task Order. Under no circumstances shall the Service Provider perform work in excess of the amount stated in the Task Order or 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.
A. A
nnual Rate and Fees adjustments must be requested in writing and accompanied by information to substantiate the request for price adjustments. Adjustments are subject to approval by the City. Any allowable request for adjustment must be delivered to the City at least 30
Agreement No. 32600066
64 days before the adjusted prices become effective. No price adjustment allowable under this Contract will be granted retroactively. The City must also be given the benefit of any decline in prices.
11. PA
YMENT & INVOICES. City shall pay all un disputed 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. P
ayment 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 avail able, 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. S
ervice 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. S
ervice 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 perf ormed 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
Agreement No. 32600066
65 12. OPTION TO EXTEND AGREEMENT. When in the City’s best interest, this Agreement may only be extended, if the City, in its discretion, exercises an option term in accordance with Section 4 subparagraphs (B) and (C) of this Agreement. The initial term, plus any option to extend shall not exceed a total of five (5) years. If no option to extend the Agreement appears in section 4(B), then this Agreement shall not be extended.
13. M
ODIFICATION 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. T
ERMINATION 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. I
NDEPENDENT CONTRACTOR. Service Provider is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of Service Provider or any of its employees, except as stated in this Agreement. Service Provider has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting Service Provider. This Agreement shall not be interpreted to prevent or preclude Service Provider from rendering any services for Service Provider’s own account or to any other person or entity as Service Provider in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the Service Provider shall perform for the City. The City retains the right to provide general
Agreement No. 32600066
66 instructions to and observe the Service Provider in the performance of all services done on behalf of the City.
S
ervice 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. L
AWFUL 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. SA
FETY 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. O
WNERSHIP OF SERVICE PROVIDER’S WORK PRODUCT, CONFIDENTIALITY & DISCLOSURE. City shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by Service Provider in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by City.
Agreement No. 32600066
67 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. R ecords and Inspections. The Service Provider shall maintain full and accurate records, with respect to all services and matters covered under this Agreement. The City shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.
C. D
eliverables. Service Provider shall deliver to the City the studies, plans, specifications, or other documents as are identified in the Scope of Services or Task Order; and Service Provider shall, upon complet ion of all work, submit to the City all information developed in the course of the Service Provider 's services. Service Provider shall, in such time and in such form as the City may require, furnish reports concerning the status of services required under this Agreement. Service Provider shall, upon request by City and upon completion or termination of this Agreement, deliver to the City all material furnished to Service Provider by the City.
D. C
onfidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the City or information belonging to a third party whose information is in the City’s possession or control under obligations of confidentiality.
Service Provider may be granted access to information that is exempt from disclosure to the public (Government Code Section 7920.505) and may contain “trade secrets” (see Government Code Section 7924.510(f)) when it is necessary for Service Provider to perform its obligations pursuant to this Agreement. If Service Provider is granted such access to confidential information, Service Provider shall not be considered to be a member of the public as that term is used in Government Code Section 7920.515.
E. Dis
closur e of Information. Service Provider shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to Service Provider by the City or other information to which the Service Provider has had access during the term of this Agreement without the prior written approval of the City’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.
F. N
o Warranty. Other than an obligation upon the City to deal in good faith, the City makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this
Agreement No. 32600066
68 Agreement or for any business decisions made by Service Provider in reliance on any Confidential Information disclosed under this Agreement.
20. AS
SIGNMENT. This Agreement is for the non- professional services of Service Provider. Any attempt by Service Provider to assign the benefits or burdens of this Agreement without the prior written approval of City shall be prohibited and shall be null and void. Service Provider 's services pursuant to this Agreement shall be provided by the Service Provider’s Designated Representative or directly under his/her supervision, and Service Provider shall not assign another to supervise the Service Provider 's performance of this Agreement without the prior written approval of City, by and through the City’s Designated Representative.
21. NO
TICE OF BREACH AND OPPORTUNITY TO CURE. Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party. The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction o f 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. N
OTICES. 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. CO
VENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Service Provider shall be construed to be both a covenant and a condition.
24. W
AIVER. 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
Agreement No. 32600066
69 of any subsequent breach of the same or any other term, covenant, or c ondition contained in this Agreement, whether of the same or different character.
25. I
NDEMNIFICATION, HOLD HARMLESS & DEFENSE.
A. A
s 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 t o 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. T
he 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 Inde mnitees 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 t o provide independent defense counsel if Service Provider asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the negligence or willful misconduct of any of the Indemnitees, Service Provider may submit a claim to City for reimbursement of reasonable attorneys’ fees and defense costs.
C. T
he review, acceptance or approval of Service Provider’s work or work product by any of the Indemnitees shall not affect, relieve or reduce Service Provider’s indemnification or defense obligations. Service Provider waives any right of contribution against City or any of City’s officers, employees,
Agreement No. 32600066
70 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. I
NSURANCE. Service Provider shall obtain and maintain during the perf ormance of any services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that Service Provider obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. Service Provider shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”. Maintenance of insurance coverages by Service Provider is a material element of this Agreement. Service Provider’s failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.
27. L
IVING WAGE REQUIREMENTS. During the term of this Agreement, Service Provider understands and agrees that if Living Wages are applicable subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit E” to this Agreement. Service Provider will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the services provided for by this Agreement. The duty to pay the correct wage is the responsibility of the Service Provider.
Agreement No. 32600066
71 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 projec t of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.
Prevailing wages are required to be paid to all workers, including subcontracted employees. For further information regarding Prevailing Wage Requirements please refer to Exhibit “F” attached to this Agreement.
A. T
o determ
ine if this Agreement is subject to compliance monitoring and enforcement, go to: https://www.dir.ca.gov/Public -
Works/PublicWorksSB854FAQ.html
B. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.
C. In the event that there is a difference between the amount of wages to be paid under the City of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the Service Provider.
29. C
ONFLICT OF INTEREST. Service Provider covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Service Provider’s services under this Agreement. Service Provider further covenants that in the performance of services under this Agreement, no officer, employee or agent of Service Provider having such interest shall be employed by it. In the event the City determines that Service Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Service Provider shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Service Provider may result in termination of this Agreement by the City.
30. I
RAN CONTRACTING ACT. In accordance with the Iran Contract Act of 2010 (Public Contract Code sections 2200-2208) the City requires that any Consultant that submits a proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or Services of one million dollars ($1,000,000) or more, must certify, that the Consultant is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a
Agreement No. 32600066
72 person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.
A
Consultant is ineligible to enter into any contract with the City for goods or Services of one million do llars ($1,000,000) or more if the Consultant engages in investment activities in Iran. Consultant must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contract Act Certification attached as Exhibit G.
31. S
UBCONTRACTING. If Service Provider requires the assistance of a subcontractor to render any services under this agreement, Consultant shall obtain prior written consent from the City before a subcontractor performs any service pursuant to this Agreement. All subcontractors shall be identified in the Scope of Work or Task Order attached to this Agreement as Exhibit A. Service Provider is fully responsible for satisfactory completion of all its subcontractors’ work . All subcontractors shall be properly licensed and insured; and bonded, if applicable. Service Provider shall be responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to this Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement.
32. D
ISPUTES. Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the City’s Designated Representative, who shall reduce this decision to writing and mail a copy to the Service Provider. The decision of the City’s Designated Representative shall be final and conclusive unless Service Provider requests mediation within ten (10) calendar days. Pending final decision of a dispute, the Service Provider shall proceed diligently with the performance of the Agreement and in accordance with the decision of the City’s Designated Representative.
33. D
ISPUTE 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 s ervice. 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
Agreement No. 32600066
73 commenced by a meeting with the mediator, shall last until agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.
34. AUDI
T. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by Service Provider in preparing its billings to CITY as a condition precedent to any payment to Service Provider; or for other purposes relating to the Agreement. Service Provider will promptly furnish all documents requested by City. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit Service Provider for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Service Provider shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by City, whichever occurs later. Service Provider shall maintain all such records in City or to promptly reimburse City for all reasonable costs incurred in conducting the audit at a location other than in City, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead.
Service Provider shall include a copy of this Section in all contracts with its subcontractors, and Service Provider shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.
35. ADV
ERTISING AND PUBLICITY. Service Provider shall not use the name of or refer to City directly or ind irectly 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. NO
NDISCRIMINATORY EMPLOYMENT. Service Provider shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. Service Provider understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates.
For every subcontractor who will perform Services, Service Provider shall be responsible for such subcontractor’s compliance with this Section.
37. F
ORCE MAJEURE. Neither the Service Provider nor the City shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural
Agreement No. 32600066
74 calamities, riots, or demands or requirements of governmental agencies other than the City.
38. G
OVERNING LAW. The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.
39. SEVER
ABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.
40. I
NTEGRATED AGREEMENT. This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.
41. NO
THIRD-PARTY BENEFICIARY. This Agreement shall not be construed to be an agreement for the benefit of any third- party or parties, and no third party or parties shall have any claim or right of action under this Agreement.
42. AUT
HORITY 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 war rants and represents that the Designated Representative has the authority to bind each Party to the performance of its obligations hereunder.
43. EXEC
UTION – COUNTERPARTS. This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature or electronic signature of an authorized representative of each of the relevant Parties. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other Party to this Agreement is in the physical possession of the Party seeking enforcement thereof.
44. I
NCONSISTENT OR CONFLICTING TERMS. In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by r eference
Agreement No. 32600066
75 shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the City are not binding upon the City’s Designated Representative unless specifically agreed to in writing, and initiated by City’s Designated Representative, as to each additional contractual term or condition.
45. ACKNO
WLEDGEMENT. By signing below, Service Provider acknowledges that it has reviewed the City’s General Services Agreement terms and conditions and insurance requirements and that Service Provider hereby agrees to full compliance. [
Signatures on next page]
Agreement No. 32600066
76 In witness whereof, the Parties have entered into this Agreement effective on the date as written in section 4 and upon signature of all Parties.
CI
TY OF OXNARD EUROFINS EATON ANALYTICAL, LLC
☐Luis A. Mc Arthur, Mayor2 Da te Camila Gadotti, President Date ☐Jennifer Yates,3
P
urchasing Manager
C aroline Sangari, Date
Pomona Business Unit Manager4
A
TTEST:
Lourdes A. López, CITY Clerk Date
(only if Mayor signs)
APPR
OVED AS TO FORM:
Stephen M. Fischer, CITY Date
Attorney (always required)
2 The City Council must authorize and the Mayor must execute any agreement over $220,000. 3 The Purchasing Agent may execute any authorized agreement up to $220,000. 4 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.
If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company.
Agreement No. 32600066
77 EXHIBIT A
GENERAL SERVICE AGREEMENT
(City of Oxnard and Eurofins Eaton Analytical, LLC)
SCOPE OF SERVICES
Project Manager:
Name: Eric Ngo
Title: Laboratory Scientist Manager
Phone: (805) 263-2106
Email: [email protected]
Required
Laboratories shall hold State of California ELAP and National Environmental Laboratory Accreditation Program (NELAP) certificate. Include a copy of current laboratory licensure with the proposal. Subcontract laboratories must also hold accreditations. Any analysis being sent to a subcontract laboratory shall be noted within the final proposal.
General Specifications
Laboratory shall have a web-based client access portal and data reporting system.
Laboratory shall provide a dedicated project manager (familiar with State of California drinking
water regulations and/or Environmental Protection Agency (EPA) and NPDES requirements) and key personnel.
Laboratory shall include a list/chart of all analysis methods with MDL, PQL and RDL.
Proposal shall include fees for data report rush turnaround and courier service, as well as courier availability (i.e. notification requirement for courier bottle delivery or sample pick up).
Laboratory shall maintain and preserve appropriate samples and sample extracts for at least thirty (30) calendar days after submission of the report of analysis, with the exception of metal
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78 ● Report
delivery more than 21 calendar days from date of sample receipt at laboratory for reports expected under a standard 14 calendar day turnaround time.
● If a specified analysis has a turnaround time that exceeds 14 calendar days and the City has agreed to the extended turnaround time, the report shall be considered late at 21 calendar days.
● Failure to immediately notify the City of permit limit exceedance within 24 hours of discovery.
● Failure to immediately notify the City of QA/QC failures within 24 hours of discovery.
Agreement No. 32600066
analysis. Metal analysis samples shall be held for six (6) months from sampling date.
Laboratory
assumes full responsibility for the proper disposal of all test samples in accordance with State
and Federal hazardous waste regulations.
Laboratory shall include its policy on reanalysis of samples for confirmation when necessary.
Laboratory shall provide the City with a copy of its quality assurance manual and that of any
planned subcontract laboratories with the proposal and upon the event changes are made after award of the contract.
Final reports provided to the City shall include a copy of the Chain of Custody.
Laboratory shall include an example final report in the proposal for City review.
Laboratory shall notify the City of any permit exceedances within 24 hours of discovery.
Standard turnaround time for reporting shall be 14 calendar days. For any analysis where this may not be feasible, laboratory must note standard turnaround time for specified analysis.
The City has a duty to report data to the State and may impose financial penalties (25% penalty per analysis that is five calendar days past stated standard turnaround time) for late delivery of reports or failure to meet notification requirements. A report may be considered late if one of the following occurs:
79 ● Dr
inking water analyses must be performed in accordance with the current California Regulations Related to Drinking Water Title 22 Code of Regulations and methods listed in Code of Federal Regulations, Title 40 Part 141 (40 CFR 141). Reporting limits must be below the established detection limits for the purposes of reporting (DLRs). The laboratory is responsible for updating their records when water quality limits are added or revised. ● Laboratory proposals should include a cost for group analysis (i.e. general minerals, general physicals, inorganics) and individual analyses. Include a cost for analyses marked “as needed” (see Attachment B).
● Laboratory should provide their policy on the re-analysis of samples. ● Ninety-five percent of the drinking water analyses listed in this RFP (excluding UCMR 4 and analyses designated “TBD”) should be routinely conducted in- house without subcontracting.
● Provide the City with the appropriate sample containers with preservatives, coolers, trip
blanks, sampling/environmental blanks as needed.
● Web-based client access portal and data reporting system. ● Must be able to provide EDT to the State’s Safe Drinking Water Information System (SDWIS).
● Electronic data format (PDF, EDF, CSV, or Excel) of results to the City Water Department.
● Immediate MCL exceedance notifications via phone call and email to the appropriate contacts.
● Immediate notification via phone call and email to appropriate City contacts of any quality assurance/quality control (QA/QC) failures that impact City samples. ● Laboratory must be able to accommodate 3-day rush analyses of TTHMs. ● QA/QC report to be provided with analytical results.
En
vironmental Compliance Wastewater Testing Services
The laboratory contracted for environment compliance wastewater analyses should meet the following requirements:
Agreement No. 32600066
The City is required to meet compliance with all State and Federal requirements and limits must be met. Contract Laboratory must be able to update notification requirement limits when new limits are imposed on the City. For reference, the City’s current Wastewater NPDES permit, R4-2024-0252, and the State’s current MCL and Secondary Standard limits are included in this package.
Drinking Water Quality Testing Requirements
The laboratory contracted for drinking water analyses should meet the following requirements:
80 ● Anal
ysis methods to be used by the laboratory. Analyses must be performed in accordance with methods listed in Code of Federal Regulations, Title 40 Part 136 (40 CFR 136).
● Provide sample containers with preservatives, coolers, trip blanks as needed.
Contract Laboratory to provide sample transport services. ● Web-based client access portal and data reporting system. ● Electronic data format (PDF, EDF, and CSV, or Excel) of results to the City Water Department.
● Immediate notification (within 24 hours of discovery) via phone call and email to appropriate City contacts of any quality assurance/quality control (QA/QC) failures that impact City samples.
● QA/QC report to be provided with analytical results.
Wast
ewater Treatment Process and Biosolids Testing Services The laboratory contracted for wastewater and biosolids analyses should meet the following
requirements:
● Was
tewater analysis must be performed in accordance with methods listed in Code of Federal Regulations, Title 40 Part 136 (40 CFR 136). ● Laboratories to provide a list with stated RDL capacity for each parameter. ● Provide sample containers with preservatives, coolers, trip blanks as needed free of charge.
● Contract Laboratory to provide sample transport services. ● Web-based client access portal and data reporting system. ● Standard reporting time is 14 calendar days.
● Electronic data format (PDF, EDF, and CSV, or Excel) of results to the City Water Department.
● Immediate NPDES permit (NPDES NO. CA0054097) limit exceedance notifications via phone call and email to appropriate contacts ● Ability to conform to updated requirements issued by the state in the current NPDES permit (R4-2024-0252) issued to the City of Oxnard by the RWQCB. ● Immediate notification via phone call and email to appropriate City contacts of any quality assurance/quality control (QA/QC) failures that impact City samples. ● Laboratory must be able to accommodate rush analyses and reporting (As quickly as a total of 3 calendar days for analysis and final report when practicable).
● QA/QC report to be provided with analytical results.
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81 Recyc
led Water/Potable Reuse Testing Requirements
The laboratory contracted for Recycled Water/Potable Reuse water analyses should meet the following requirements:
● Al
l laboratory analysis for recycled water contaminants having a primary or secondary MCL or notification level must be conducted using a drinking water method approved by DDW for the contaminant and conducted by a laboratory accredited by the State Water Board Environmental.
● Laboratory Accreditation Program (ELAP) for the analytical method used. ● All analyses shall be required to be conducted in accordance with the latest edition of
“Guidelines Establishing Test Procedures for Analysis of Pollutants” (40 CFR § 136) promulgated by the U.S. Environmental Protection Agency. (CCR Title 23, Section 2230). The Quality Assurance-Quality Control Program must conform to the USEPA Guidelines "Laboratory Documentation Requirements for Data Validation", January 1990, USEPA Region 9) or procedures approved by the Los Angeles Regional Water Quality Control Board.
● Samples shall be analyzed using analytical methods described in Section 141 of Title 40 of the Code of Federal Regulations (40 CFR § 141); or where no methods are specified for a given pollutant, by methods approved by DDW, the Regional Water Board and/or the State Water Board. Analytical methods that provide Minimum Reporting Levels (MRLs) lower than the limits prescribed in Waste Discharge Permit (Order R4-2020-0051, File No.08-070) or as low as possible that will provide reliable data.
● Specific analytes required as part of the 2018 Recycled Water Policy must be analyzed by laboratories that are approved by the DDW. Reporting limits must be below the established detection limits for the purposes of reporting (DLRs). The laboratory is responsible for updating their records when water quality limits are added or revised.
● Laboratory proposals should include a cost for group analysis (i.e. general minerals, general physicals, inorganics) and individual analyses. Include a cost for analyses marked “as needed.” (see Attachment B)
● Laboratory should provide their policy on the re-analysis of samples. ● Provide the City with the appropriate sample containers with preservatives, coolers, trip blanks as needed.
● Web-based client access portal and data reporting system. ● Electronic data format (PDF, EDF, and CSV, or Excel) of results to the City Water Department.
● Immediate MCL exceedance (from Sample Point EFF-001 ) notifications via phone call and email to the appropriate contacts.
Agreement No. 32600066
82 ● Immediate notifications on exceedances set forth in the Waste Discharge Permit (Order
R4-2020-0051, File No.08-070).
● Immediate notification via phone call and email to appropriate City contacts of any quality assurance/quality control (QA/QC) failures that impact City samples. ● QA/QC report to be provided with analytical results. Samples shall be analyzed within allowable holding time limits as specified in 40 CFR § 141. All QA/QC analyses shall be
conducted on the same dates the samples are analyzed.
Addi
tional As Needed Testing
The City and awarded Laboratory/Laboratories shall cooperatively work together throughout the
duration of the agreement. Any laboratory contracted with the City through this RFP process shall be able to accommodate any requested analysis/method/or notification change and imposed on the City through Permitting agencies.
Agreement No. 32600066
83 EXHIBIT B
GEN
ERAL SERVICE AGREEMENT
(City of Oxnard and Eurofins Eaton Analytical, LLC)
SCHE
DULE OF COMPENSATION
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84
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85
Agreement No. 32600066
86 EXHIBIT C
GE
NERAL SERVICES AGREEMENT
(City of Oxnard and Eurofins Eaton Analytical, LLC)
INS
URANCE REQUIREMENTS
Pr
ior to contract approval, CONSULTANT/SERVICE PROVIDER/SELLER/BIDDER (hereafter referred to as “SERVICE PROVIDER”) must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document.
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Agreement No. 32600066
92 EXHIBIT D
GE
NERAL SERVICES AGREEMENT
(City of Oxnard and Eurofins Eaton Analytical, LLC)
FE
DERAL GRANT ADDENDUM
[R
ESERVED]
Agreement No. 32600066
93 EXHIBIT E
GE
NERAL SERVICES AGREEMENT
(City of Oxnard and Eurofins Eaton Analytical, LLC)
LIV
ING WAGE POLICY
Pur
suant 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. Ser
vice 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 $20.06 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, Service Provider shall provide to such employee no less than 96 hours of paid leave per calendar year.
B. Service Provider agrees to post, at a location readily accessible to those employees providing services to the City, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.
C. If Service Provider fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Service Provider, effective immediately.
D. In addition, if Service Provider fails to comply with the Living Wage Policy in any manner, Service Provider shall pay to City a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Service Provider shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Service Provider of the amount owed.
Agreement No. 32600066
94 a. Ser
vice 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 ad
dition, if Service Provider fails to comply with the Living Wage Policy in any manner, Service Provider shall pay to City a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Service Provider shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Service Provider of the amount owed.
Agreement No. 32600066
CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2025
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 $20.06 per hour for each hour that such employee provides Services under this Agreement. This hourly rate shall be adjusted on July 1, 2026, 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.
95 EXHIBIT F
GEN
ERALSERVICES AGREEMENT
(City of Oxnard and Eurofins Eaton Analytical, LLC)
PRE
VAILING WAGE
1. Ser
vice 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. Pur
suant 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 s hall post such rates at each job site covered by this Agreement.
3. Ser
vice Provider is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).
4. Ser
vice Provider shall comply with and be bound by the provi sions 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. Ser
vice 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. Ser
vice 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
Agreement No. 32600066
96 its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
7. Ser
vice 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. Ser
vice 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. Ser
vice 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. Ser
vice 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 P
roject listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.
12. Ser
vice 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
Agreement No. 32600066
97 officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Service Provider, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of Service Provider under this Section shall survive Agreement termination.
Agreement No. 32600066
98 EXHIBIT G
GENERAL SERVICES AGREEMENT
(City of Oxnard and Eurofins Eaton Analy
tical, LLC)
IRAN CONTRACTING ACT CERTIFICATION
Agreement No. 32600066
99 SAMPLING
FREQUENCY
SAMPLE
MATRIX
NUMBER OF
SAMPLES
PER
SAMPLING
FREQUENCY
NUMBER
OF
SAMPLES
PER YEAR
ANALYSIS METHOD SUBCONTRACT
LABORATORY
STANDARD
TURN
AROUND
TIME
RUSH
TURN
AROUND
UNIT PRICE
Weekly Potable
Water 1 52 Langelier Index Calculation Only Calculation 15.00 $ See Below 11.00$ Weekly Potable
Water 1 52 Total Suspened Solids (TSS) SM 2540D 15.00 $ See Below 16.00$ Weekly Potable
Water 3 156 Nirite EPA 353.2 15.00 $ See Below 16.00$ Weekly Potable
Water 4 208 PH,
Conductivity
SM 4500
EPA 120.1 15.00 $ See Below 21.00$
Weekly Potable
Water 4 208 Manganese EPA 200.7 15.00 $ See Below 11.00$ Weekly Potable
Water 5 260 Fluoride EPA 300.0 15.00 $ See Below 16.00$ Weekly Potable
Water 6 312 Hardness as CaCO3 Calculation 15.00 $ See Below 21.00$ Weekly Potable
Water 6 312 Sulfate EPA 300.0 15.00 $ See Below 16.00$ Weekly Potable
Water 7 364 Calcium EPA 200.7 15.00 $ See Below 11.00$ Weekly Potable
Water 7 364 Chloride EPA 300.0 15.00 $ See Below 16.00$ Weekly Potable
Water 7 364 Iron EPA 200.7 15.00 $ See Below 11.00$
Weekly Potable
Water 7 364 Magnesium EPA 200.7 15.00 $ See Below 11.00$ Weekly Potable
Water 7 364 Nitrate EPA 300.0 15.00 $ See Below 16.00$ Weekly Potable
Water 7 364 Sodium EPA 200.7 15.00 $ See Below 11.00$
CITY OF OXNARD
WATER DIVISION
251 SOUTH HAYES AVENUE
RATES AND COSTS 10.01.24 EXHIBIT
A-8484 (2nd Amendment)
100
Weekly Potable
Water 7 364 Total Dissolved Solids (TDS) SM 2540 15.00 $ See Below 16.00$ Weekly Potable
Water 43 2236 Coliforms P/A SM 9223 15.00 $ See Below 16.00$ Monthly Potable
Water 7 84 Alkalinity SM 2320B 15.00 $ See Below 16.00$ Monthly Potable
Water 7 84 Fluoride EPA 300.0 15.00 $ See Below 16.00$ Monthly Potable
Water 7 84 Nirite EPA 353.2 15.00 $ See Below 16.00$
Monthly Potable
Water 10 120 Methyl Tertiary Butyl Ether (MTBE) EPA 524.2 15.00 $ See Below 50.00$ Monthly Potable
Water 10 120 Nitrate EPA 300.0 15.00 $ See Below 16.00$ Quarterly Potable
Water 3 12 Uranium EPA 200.8 15.00 $ See Below 21.00$ Quarterly Potable
Water 8 32 Trihalomethanes EPA 524.2 15.00 $ See Below 53.00$ Quarterly Potable
Water 8 32 Haloacetic Acids EPA 552.2 15.00 $ See Below 79.00$ Quarterly Potable
Water 10 40 Calcium EPA 200.7 15.00 $ See Below 11.00$ Quarterly Potable
Water 12 48 1, 2, 3 Trichloropropane (1,2,3 TCP) SRL 524M 15.00 $ See Below 69.00$ Annual Potable
Water 1 1 Strontium 90 EPA 905.0 GEL 20.00 $ not
available 142.00$
Annual Potable
Water 1 1 Tritium EPA 906.0 GEL 20.00 $ not
available 74.00$
Annual Potable
Water 7 7 Gross Alpha Radioactivity EPA 900.0 15.00 $ See Below 42.00$ Annual Potable
Water 7 7 Gross Beta Radioactivity EPA 900.0 15.00 $ See Below 42.00$ Annual Potable
Water 7 7 Radium 226 EPA 903.0 GEL 20.00 $ not
available 116.00$
Annual Potable
Water 7 7 Radium 228 EPA 904.0 GEL 20.00 $ not
available 116.00$
Annual Potable
Water 10 10 General Mineral Various 15.00 $ See Below 223.00$ RATES AND COSTS 10.01.24 EXHIBIT
A-8484 (2nd Amendment)
101
Annual Potable
Water 10 10 General Physical Various 15.00 $ See Below 32.00$ Annual Potable
Water 10 10 Inorganics Various 15.00 $ See Below 368.00$ Annual Potable
Water 10 10 Perchlorate EPA 314.1 15.00 $ See Below 42.00$ Annual Potable
Water 10 10 Radiologicals Various Not defined in
Oxnard IPR List 15.00 $ See Below
Annual Potable
Water 10 10 Synthetic Organics
Compounds
EPA 500
Series 1613 15.00 $ See Below 924.00$
Annual Potable
Water 10 10 Volatile Organics Compounds EPA 524.2 15.00 $ See Below 84.00$ Annual Potable
Water 11 11 Aggressive Index Calculation Only Calculation 15.00 $ See Below 11.00$ Annual Potable
Water 11 11 Asbestos EPA 600 R-
94 / 134 EMSL-LAT not
available 185.00$
If Needed Potable
Water 1 1 Acute Toxicity 96 Hours ABC Lab not
available 420.00$
If Needed Potable
Water 5 5 BOD 5 SM 5210B 15.00 $ See Below 48.00$
If Needed Potable
Water 5 5 Settable Solids SM 2540 15.00 $ See Below 13.00$ If Needed Potable
Water 5 5 Turbidity EPA 180.1 15.00 $ See Below 13.00$ If Needed Potable
Water
3 Entry Point
1 Maximum
Resident
List 1
UCMR 3-7
VOC
EPA 524.3 N/A 15.00 $ See Below
If Needed Potable
Water
3 Entry Point
1 Maximum
Resident
List 1
UCMR
3-1 SOC
EPA 522 N/A 15.00 $ See Below
If Needed Potable
Water
3 Entry Point
1 Maximum
Resident
List 1
UCMR 3-6
Metals
EPA 200.8
REV 5.4 N/A 15.00 $ See Below
RATES AND COSTS 10.01.24 EXHIBIT
A-8484 (2nd Amendment)
102
If Needed Potable
Water
3 Entry Point
1 Maximum
Resident
List 1
UCMR 3-1
Oxyhalide Anion
EPA 300.1 N/A 15.00 $ See Below
If Needed Potable
Water
3 Entry Point
1 Maximum
Resident
List 1
UCMR 3-6
Perflourinated Compounds
EPA 537
REV 1.1 N/A 15.00 $ See Below
If Needed Potable
Water
3 Entry Point
1 Maximum
Resident
List 2
UCMR 3-7
Horomones
EPA 539 N/A 15.00 $ See Below
%
150% - Same Workday
100% - One Workday
75% - 2 to 3 Workdays
30% - 4 to 5 Workdays
Courier on other than Tuesday/Wednesday (work days) - $220 RUSH SURCHARGES (available as capacity permits)
Mark up on Rush Samples
Courier on Tuesday/Wednesday - No Charge
RATES AND COSTS 10.01.24 EXHIBIT
A-8484 (2nd Amendment)
103
SAMPLING
FREQUENCY
SAMPLE
MATRIX
NUMBER
OF
SAMPLES
PER
SAMPLING
FREQUENC
Y
NUMBER
OF
SAMPLES
PER YEAR
ANALYSIS METHOD SUBCONTRACT
LABORATORY
STANDARD
TURN
AROUND
TIME
RUSH
TURN
AROUND
UNIT
PRICE
Monthly Non-Potable 2 24 Boron EPA 200.8 15 See Below 11.00 $ Bi-Monthly Non-Potable 1 6 PCBs EPA 608.3 15 See Below 95.00 $ Bi-Monthly Non-Potable
(1) 1 6 Chlorinated Pesticides-By-
Products+Mirex EPA 608.3 15 See Below above
Bi-Monthly Non-Potable 1 6
Group Metals: Cadmium, Total
Chromium, Copper, Lead, Nickel,
Silver, and Zinc
EPA 6010B +
EPA 7471A 15 See Below 74.00 $
Bi-Monthly Non-Potable 1 6 Dioxins-High Resolution
Resolution-Full List EPA 1613B 20 not
available 642.00 $
Bi-Monthly Non-Potable
(2) 1 6 Volatiles Organics-Full List EPA 624.1 15 See Below 105.00 $ Bi-Monthly Non-Potable 1 6 Semivolatiles Organics-Full List EPA 625.1 15 See Below 168.00 $ Bi-Monthly Non-Potable 1 6 Total Cyanide EPA 335.4 15 See Below 37.00 $ %
150% - Same Workday
100% - One Workday
75% - 2 to 3 Workdays
30% - 4 to 5 Workdays
Courier on Tuesday/Wednesday - No Charge
Courier on other than Tuesday/Wednesday (work days) - $220 RUSH SURCHARGES (available as capacity permits)
CITY OF OXNARD
LABORATORY TESTING SERVICES New Prices 10/01/24 - 09/30/25
SOURCE CONTROL
6001 PERKINS ROAD
Mark up on Rush Samples
Notes:
(1)Include 2,4-DDD, 2,4-DDE, 2,4-DDT, 4,4-DDD, 4,4-DDE, and 4,4-DDT (2)Sample for 624.1 is unpreserved. Include Acrolein, Acrylonitrile, and 2-Chloroethyl vinyl ether RATES AND COSTS 10.01.24 EXHIBIT
A-8484 (2nd Amendment)
104
SAMPLING
FREQUENCY
SAMPLE
MATRIX
NUMBER
OF
SAMPLES
PER
SAMPLING
FREQUENC
Y
NUMBER
OF
SAMPLES
PER YEAR
ANALYSIS METHOD SUBCONTRACT
LABORATORY
STANDARD
TURN
AROUND
TIME
RUSH
TURN
AROUND
UNIT PRICE
Monthly Non-Potable 1 12 PCBs EPA 608.3 15 See Below 95.00 $ Monthly Non-Potable
(2) 1 12 Chlorinated Pesticides-By-
Products+Mirex EPA 608.3 15 See Below see above
Monthly Non-Potable 2 24 TKN (Total Kjeldahl Nitrogen) EPA 351.2 15 See Below 37.00 $ Monthly Non-Potable 1 12 TOC (Total Organic Carbon) SM-5310C 15 See Below 42.00 $ Monthly Sludge (1) 1 12
Group Metals: Arsenic, Cadmium,
Total Chromium, Copper, Lead,
Mercury, Molybdenum, Nickel,
Selenium, and Zinc
EPA 6010B +
EPA 7471A 15 See Below 105.00 $
Monthly Sludge (1) 1 12 TKN (Total Kjeldahl Nitrogen) EPA 351.2 15 See Below 42.00 $ Monthly Sludge (1) 1 12 % Moisture Calculated 15 See Below 11.00 $ Quarterly Non-Potable 2 8 Dioxins-High Resolution
Resolution-Full List EPA 1613B Pace - MN 20 See Below 642.00 $ Quarterly Non-Potable 2 8 PCB Congeners EP EPA 1668C 15 See Below $ 1,065.00 Quarterly Non-Potable 1 4 PCBs EPA 608.3 15 See Below 95.00 $ Quarterly Non-Potable
(2) 1 4 Chlorinated Pesticides-By-
Products+Mirex EPA 608.3 15 See Below see above
Quarterly Non-Potable 2 8 Gross Alpha and
Beta EPA 900.0 15 See Below 84.00 $
Semiannual Sludge (1) 1 2 Dioxins-High Resolution
Resolution-Full List EPA 8290A Pace - MN 20 See Below 642.00 $
CITY OF OXNARD
LABORATORY TESTING SERVICES New Prices 10/01/24 - 09/30/25
WASTEWATER TREATMENT PLANT
6001 PERKINS ROAD
RATES AND COSTS 10.01.24 EXHIBIT
Pace - MN
A-8484 (2nd Amendment)
105
Semiannual Sludge (1) 1 2
Group Metals: Antimony, Arsenic,
Beryllium, Cadmium, Total
Chromium, Copper, Mercury, Lead,
Molybdenum, Nickel, Selenium,
Silver, Thallium, and Zinc
EPA 6010B +
EPA 7471A 15 See Below 153.00 $
Semiannual Sludge (1) 1 2 Total Cyanide EPA 9012/9014 Enthalpy 15 See Below 130.00 $ Semiannual Sludge (1) 1 2 PCBs EPA 8082 15 See Below 95.00 $ Semiannual Sludge (1,2) 1 2 Chlorinated Pesticides-By-
Products+Mirex EPA 8081A 15 See Below see above
Semiannual Sludge (1) 1 2 Semivolatiles Organics-Full List EPA 8270C 15 See Below 168.00 $ Semiannual Sludge (1) 1 2 Volatiles Organics-Full List EPA 8260B 15 See Below 105.00 $ Semiannual Non-Potable
(4) 2 4 Volatiles Organics-Full List EPA 624.1 15 See Below 105.00 $ Semiannual Non-Potable 2 4 Semivolatiles Organics-Full List EPA 625.1 15 See Below 168.00 $ Semiannual Non-Potable 2 4 Hexavalent Chromium EPA 218.6 15 See Below 42.00 $ Semiannual Non-Potable 2 4 Tributyltin
Krone, et al,
1989 in
Water
15 See Below 210.00 $
Semiannual Non-Potable 2 4 Total Cyanide EPA 335.4 15 See Below 37.00 $ Semiannual Non-Potable 2 4
Group Metals: Antimony, Arsenic,
Beryllium, Cadmium, Total
Chromium, Copper, Mercury, Lead,
Nickel, Selenium, Silver, Thallium,
and Zinc
EPA 200.8 15 See Below 142.00 $
Annual Non-Potable 1 1
Group Metals: Cadmium, Total
Chromium, Copper, Lead, Nickel,
Silver, and Zinc
EPA 200.8 15 See Below 74.00 $
Quarterly Sludge (3) 1 4 Dioxins-High Resolution
Resolution-Full List EPA 8290A Pace - MN 15 See Below 642.00 $ Quarterly Sludge (3) 1 4 PCBs EPA 8082 15 See Below 95.00 $ Quarterly Sludge (2,3) 1 4 Chlorinated Pesticides-By-
Products+Mirex EPA 8081A 15 See Below see above
Quarterly Sludge (3) 1 4 Group Metals: Potassium, Boron EPA 6010B 15 See Below 21.00 $ RATES AND COSTS 10.01.24 EXHIBIT
A-8484 (2nd Amendment)
106
Quarterly Sludge (3) 1 4 CCR Metals EPA 6010B +
EPA 7471A 15 See Below 184.00 $
Quarterly Sludge (3) 1 4 17 STLC (WET) CCR Metals EPA 6010B + EPA 7471A 15 See Below 289.00 $
%
150% - Same Workday
100% - One Workday
75% - 2 to 3 Workdays
30% - 4 to 5 Workdays
Mark up on Rush Samples
Notes:
(1) Report in Dry Weight
(2)Include 2,4-DDD, 2,4-DDE, 2,4-DDT, 4,4-DDD, 4,4-DDE, and 4,4-DDT (3) Report in Wet Weight
(4)Sample for 624.1 is unpreserved. Include Acrolein, Acrylonitrile, and 2-Chloroethyl vinyl ether STLC Extraction for Inorganics - $105
Courier on Tuesday/Wednesday - No Charge
Courier on other than Tuesday/Wednesday (work days) - $220 RUSH SURCHARGES (available as capacity permits)
TCLP Extraction for Inorganics - $105
TCLP Extraction for Organice ZHE - $184
RATES AND COSTS 10.01.24 EXHIBIT
A-8484 (2nd Amendment)
107
SAMPLING
FREQUENCY
SAMPLE
MATRIX
NUMBER OF
SAMPLES PER
SAMPLING
FREQUENCY
NUMBER OF
SAMPLES
PER YEAR
ANALYSIS METHOD SUBCONTRACT
LABORATORY
STANDARD
TURN
AROUND
TIME
RUSH
TURN
AROUND
UNIT PRICE
Daily Non-
Potable 1 365 Settleable Solids SM 2540 F 15 See Below 11.00 $ Weekly Non-
Potable 1 52 Total Suspended Solids SM 2540 D 15 See Below 16.00 $ Weekly Non-
Potable 1 52 5 day Biochemical Oxygen
Demand (BOD₅) SM 5210 B 15 See Below 48.00 $
Daily Non-
Potable 1 365 Total Coliforms SM9223B 15 See Below 11.00 $ Twice per
week
Non-
Potable 1 104 Ammonia as N EPA 350.1 or SM
4500-NH3 C 15 See Below 32.00 $
Twice per
week
Non-
Potable 1 104 Nitrate as N EPA 300 or 300.1
353.2 15 See Below 16.00 $
Twice per
week
Non-
Potable 1 104 Nitrite as N EPA 300 or 300.1
353.2 15 See Below 16.00 $
Monthly Non-
Potable 1 12 Copper
EPA 200.5 or 200.7
or 200.8 or 200.9
or SM 3111 B or
15 See Below 11.00 $
Monthly Non-
Potable 1 12 Lead EPA 200.5 or 200.8
or 200.9 or 15 See Below 11.00 $
Monthly Non-
Potable 1 12 Chromium VI EPA 218.6 or 218.7 15 See Below 42.00 $ Monthly Non-
Potable 1 12
Inorganic Chemicals per Title 22,
§64431 Table 64431-A (Note that
Nitrogen Species are already
Multiple Valid
Methods, See
Spreadsheet
15 See Below 405.00 $
Monthly Non-
Potable 1 12 Volatile Organic Chemicals per
Title 22, §64444 Table 64444-A – EPA 524.2 15 See Below 84.00 $ Monthly Non-
Potable 1 12
Non-Volatile Synthetic Organic
Chemicals per Title 22, §64444
Table 64444-A – section b)
Multiple Valid
Methods, See
Spreadsheet
15 See Below 924.00 $
CITY OF OXNARD LABORATORY TESTING SERVICES
ADVANCED WATER PURIFICATION FACILITY New Prices 10/01/24 - 09/30/25 5700 PERKINS ROAD
RATES AND COSTS 10.01.24 EXHIBIT
A-8484 (2nd Amendment)
108
Monthly Non-
Potable 1 4 General Minerals & Inorganic
Chemicals (Ca, K, Na, total
See attached
spreadsheet 15 See Below 368.00 $
Monthly Non-
Potable 1 12
Disinfection By-Products per Title
22 §64533 Table 64533-A
THM+HAA5+Chlorite+Bromate
Multiple Valid
Methods, See
Spreadsheet
15 See Below 231.00 $
Monthly Non-
Potable 1 12 Radioactivity per Title 22 §64442
and §64443 Tables 64442 and
EPA 900.0 Gross
Alpha only 15 See Below 42.00 $
Monthly Non-
Potable 1 12 Gross Beta - EPA 900.0
(millirem/y) EPA 900.0 15 See Below 42.00 $
Monthly Non-
Potable 1 12 Strontium-90 EPA 900.0 GEL 20 not
available 142.00 $
Monthly Non-
Potable 1 12 Uranium (pCi/L) - EPA 200.8 EPA 200.8 15 See Below 21.00 $ Monthly Non-
Potable 1 12 Combined Radium-226 and
Radium 228 EPA EMSL-19 GEL 20 not
available 232.00 $
Monthly Non-
Potable 1 12 Tritium (pCi/L) EPA 906 GEL 20 not
available 74.00 $
Quarterly Non-
Potable 1 4 Total Dissolved Solids SM 2540 C 15 See Below 16.00 $ Quarterly Non-
Potable 1 4 Sulfate EPA 300.1 15 See Below 16.00 $
Quarterly Non-
Potable 1 4 Chloride EPA 300.1 15 See Below 16.00 $
Yearly Non-
Potable 1 1
Secondary MCLs per §64449
Tables 64449A and 64449B (not
including compounds sampled
Multiple Valid
Methods, See
Spreadsheet
15 See Below 111.00 $
Monthly Non-
Potable 1 12
Notification Levels (see
spreadsheet – note NDMA and
1,4 Dioxane are reported
Multiple Valid
Methods, See
Spreadsheet
15 See Below 1,129.00 $
Quarterly Non-
Potable 1 4 Priority Toxic Pollutants(1)
Multiple Valid
Methods, See
Spreadsheet
15 See Below 426.00 $
Monthly Non-
Potable 1 12 1,4 Dioxane(2) EPA 8270E, or EPA
522 or EPA 8260D 15 See Below 168.00 $
Monthly Non-
Potable 3 36 NDMA(2)
EPA 1625B or EPA
521 or EPA 8270E
or EPA 607 or EPA
15 See Below 200.00 $
RATES AND COSTS 10.01.24 EXHIBIT
A-8484 (2nd Amendment)
109
Quarterly Non-
Potable 1 4 NMOR(2) EPA 1625C or, EPA
8270E or EPA 625.1 15 See Below see above
Monthly Non-
Potable 3 36 Sucralose(2) EPA 1694 15 See Below 315.00 $ Monthly Non-
Potable 3 36 Sulfamethoxazole(2) EPA 1694 15 See Below 315.00 $ Monthly Non-
Potable 1 12 PFOS and PFOA(2) EPA 537.1 15 See Below 237.00 $ Monthly Non-
Potable 3 12 Electrical Conductivity(2) SM 2510B 15 See Below 11.00 $ Weekly (&
Monthly)
Non-
Potable 2 (1)(3) 116 Total Organic Carbon (2) SM 5310 B 15 See Below 42.00 $ Quarterly Non-
Potable 1 4 Estrogen receptor-α(2) _(4) Trussell Tech 60 not available Cost + 10%
Quarterly Non-
Potable 1 4 Aryl hydrocarbon
Receptor (2) _(4) BioDetction
Systems 60 not
available Cost + 10%
%
150% - Same Workday
100% - One Workday
75% - 2 to 3 Workdays
30% - 4 to 5 Workdays
Mark up on Rush Samples
Notes:
(1) Methods with the lowest possible detection limit are requested due to very low levels allowable for priority toxic pollutants. (2) Laboratory must have a DDW method approval letter for analysis of compounds per the recycled water policy or be able to gain method approval prior to contract STLC Extraction for Inorganics - $105
Courier on Tuesday/Wednesday - No Charge
Courier on other than Tuesday/Wednesday (work days) - $220 RUSH SURCHARGES (available as capacity permits)
TCLP Extraction for Inorganics - $105
TCLP Extraction for Organice ZHE - $184
RATES AND COSTS 10.01.24 EXHIBIT
A-8484 (2nd Amendment)
110
SAMPLING
FREQUENCY
SAMPLE
MATRIX
NUMBER OF
SAMPLES PER
SAMPLING
FREQUENCY
NUMBER OF
SAMPLES PER
YEAR
ANALYSIS METHOD SUBCONTRACT
LABORATORY
STANDARD TURN
AROUND TIME
RUSH
TURN
AROUND
UNIT
PRICE
Quarterly Non-
Potable 5 20 General Minerals Varies 15 See Below 223.00 $ Quarterly Non-
Potable 5 20 Inorganic Chemicals Varies 15 See Below 184.00 $ Quarterly Non-
Potable 5 20 General Physical
(Title 22) Varies 15 See Below 32.00 $
Quarterly Non-
Potable 5 20 1,4-Dioxane - GCMS EPA
8270M 15 See Below 168.00 $
Quarterly Non-
Potable 5 20
1,2,3-
Trichloropropane
(TCP) - GCMS-SIM
SRL 524M-
TCP 15 See Below 69.00 $
Quarterly Non-
Potable 5 20
EPA 625 -
Semivolatile Organic
Compounds
EPA 625 15 See Below 168.00 $
Quarterly Non-
Potable 5 20 EPA 556 -
Formaldehyde only EPA 556 15 See Below 189.00 $
Quarterly Non-
Potable 5 20 Bromate - EPA 300.1 EPA 300.1 15 See Below 37.00 $ Quarterly Non-
Potable 5 20 Chlorate - EPA 300.1 EPA 300.1 15 See Below 37.00 $ Quarterly Non-
Potable 5 20 Chlorite - EPA 300.1 EPA 300.1 15 See Below 37.00 $ Quarterly Non-
Potable 5 20 EPA 531.1 -
Carbamates EPA 531.1 15 See Below 90.00 $
Quarterly Non-
Potable 5 20
EPA 508 -
Organochlorine
Pesticides & PCBs
EPA 508 15 See Below 90.00 $
CITY OF OXNARD (Pricing for 10/01/24 end 09/30/25)
LABORATORY TESTING SERVICES
ADVANCED WATER PURIFICATION FACILITY-INJECTION WELLS
(MW-1D, MW-1M, MW-1S, MW-2, MW-3)
RATES AND COSTS 10.01.24 EXHIBIT
A-8484 (2nd Amendment)
111
Quarterly Non-
Potable 5 20
EPA 515.3 -
Chlorinated Acid
Herbicides
EPA 515.3 15 See Below 90.00 $
Quarterly Non-
Potable 5 20 Oil and Grease - EPA
1664A
EPA
1664A 15 See Below 37.00 $
Quarterly Non-
Potable 5 20 EPA 549.2 - Diquat EPA 549.2 15 See Below 90.00 $ Quarterly Non-
Potable 5 20 EPA 548.1 - Endothall EPA 548.1 15 See Below 90.00 $ Quarterly Non-
Potable 5 20 EPA 8330A -
Explosives
EPA
8330A 15 See Below 237.00 $
Quarterly Non-
Potable 5 20
EPA 504.1 -
Fumigants (EDB,
DBCP)
EPA 504.1
by 524.3 15 See Below 53.00 $
Quarterly Non-
Potable 5 20 EPA 547 - Glyphosate EPA 547 15 See Below 90.00 $ Quarterly Non-
Potable 5 20 EPA 8015B - Glycol EPA
8015B 15 See Below 137.00 $
Quarterly Non-
Potable 5 20
EPA 552.2 -
Haloacetic Acids
(HAA5)
EPA 552.2 15 See Below 95.00 $
Quarterly Non-
Potable 5 20 Boron - EPA 200.8 EPA 200.8 15 See Below 11.00 $ Quarterly Non-
Potable 5 20 Vanadium - EPA
200.8 EPA 200.8 15 See Below 11.00 $
Quarterly Non-
Potable 5 20 Nitrosoamines low-
level - EPA 1625M
EPA
1625M 15 See Below 200.00 $
Quarterly Non-
Potable 5 20 Perchlorate - EPA
314.0 EPA 314.0 15 See Below 42.00 $
Quarterly Non-
Potable 5 20 PFCs in water by
LC/MS EPA 537M 20 See Below 289.00 $
Quarterly Non-
Potable 5 20
Polybrominated
Diphenyl Ethers
(PBDEs) - EPA 1614M
GC/MS
SIM 20 See Below 263.00 $
RATES AND COSTS 10.01.24 EXHIBIT
A-8484 (2nd Amendment)
112
Quarterly Non-
Potable 5 20 PPCP - Morphine by
LCMSMS-ESI+
EPA
1694M-
ESI+
20 See Below 315.00 $
Quarterly Non-
Potable 5 20
PPCP -
Pharmaceuticals by
LCMSMS-ESI+
EPA 1694
List A 20 See Below 315.00 $
Quarterly Non-
Potable 5 20
PPCP -
Pharmaceuticals by
LCMSMS-ESI-
EPA 1694
List B 20 See Below 315.00 $
Quarterly Non-
Potable 5 20 PPCP - Hormones by
LCMSMS-APCI+
EPA 1694
List C 20 See Below 315.00 $
Quarterly Non-
Potable 5 20 Alkyl Phenols by
GCMS D7065
ASTM
D7065 15 See Below 263.00 $
Quarterly Non-
Potable 5 20 Pyrethroid Pesticides
by GC/MS SIM
GC/MS
NCI-SIM 15 See Below 237.00 $
Quarterly Non-
Potable 5 20 Gross Alpha - EPA
900.0 EPA 900.0 15 See Below 42.00 $
Quarterly Non-
Potable 5 20 Gross Beta - EPA
900.0 EPA 900.0 15 See Below 42.00 $
Quarterly Non-
Potable 5 20 Uranium (pCi/L) - EPA
200.8 EPA 200.8 15 See Below 21.00 $
Quarterly Non-
Potable 5 20
EPA 525.2 -
Semivolatile Organics
- extended
EPA 525.2 15 See Below 210.00 $
Quarterly Non-
Potable 5 20 EPA 525.2 Mod - OPP
low-level
EPA
525.2M 15 See Below 200.00 $
Quarterly Non-
Potable 5 20 Dioxin 2378TCDD -
EPA 1613B-ATP
EPA
1613B Pace -MN 20 See Below 380.00 $
Quarterly Non-
Potable 5 20 Asbestos, water -
TEM EPA 100.2 EMSL 20 See Below 185.00 $
Quarterly Non-
Potable 5 20 Radium-226 EPA Ra-05 GEL 20 See Below 115.00 $ Quarterly Non-
Potable 5 20 Radium-228 EPA Ra-05 GEL 20 See Below 115.00 $ Quarterly Non-
Potable 5 20 Strontium-90 EPA 905.0 GEL 20 See Below 145.00 $ RATES AND COSTS 10.01.24 EXHIBIT
A-8484 (2nd Amendment)
113
Quarterly Non-
Potable 5 20 Tritium EPA 906.0 GEL 20 See Below 74.00 $ Quarterly Non-
Potable 5 20 EPA 524.2 – TBA EPA 524.2 15 See Below 63.00 $ Quarterly Non-
Potable 5 20 EPA 524.2 - Volatile
Organic Compounds EPA 524.2 15 See Below 84.00 $
Quarterly Non-
Potable 5 20 EPA 624 - Volatile
Organic Compounds EPA 624 15 See Below 105.00 $
%
150% - Same Workday
100% - One Workday
75% - 2 to 3 Workdays
30% - 4 to 5 Workdays
Courier on other than Tuesday/Wednesday (work days) - $220 RUSH SURCHARGES (available as capacity permits)
Mark up on Rush Samples
Courier on Tuesday/Wednesday - No Charge
RATES AND COSTS 10.01.24 EXHIBIT
A-8484 (2nd Amendment)
114
SAMPLING
FREQUENCY
SAMPLE
MATRIX
NUMBER OF
SAMPLES PER
SAMPLING
FREQUENCY
NUMBER
OF
SAMPLES
PER YEAR
ANALYSIS METHOD SUBCONTRACT
LABORATORY
STANDARD
TURN
AROUND
TIME
RUSH
TURN
AROUND
UNIT PRICE
Monthly Non-Potable 12 12 Alkalinity * 15 See Below 16.00 $ Monthly Non-Potable 12 12 Aluminum * 15 See Below 11.00 $ Monthly Non-Potable 12 12 Arsenic * 15 See Below 11.00 $ Monthly Non-Potable 12 12 Barium * 15 See Below 11.00 $ Monthly Non-Potable 12 12 Beryllium * 15 See Below 11.00 $ Monthly Non-Potable 12 12 Boron * 15 See Below 11.00 $
Monthly Non-Potable 12 12 Bromide * 15 See Below 37.00 $ Monthly Non-Potable 12 12 Cadmium * 15 See Below 11.00 $ Monthly Non-Potable 12 12 Calcium * 15 See Below 11.00 $ Monthly Non-Potable 12 12 Chemical Oxygen Demand (COD) * 15 See Below 42.00 $ Monthly Non-Potable 12 12 Chromium * 15 See Below 11.00 $ Monthly Non-Potable 12 12 Chloride * 15 See Below 16.00 $ Monthly Non-Potable 12 12 Copper * 15 See Below 11.00 $ Monthly Non-Potable 12 12 Fluoride * 15 See Below 16.00 $ Monthly Non-Potable 12 12 Iron * 15 See Below 11.00 $
CITY OF OXNARD
LABORATORY TESTING SERVICES (Pricing for 10/01/24 end 09/30/25)
ADVANCED WATER PURIFICATION FACILTY
WETLANDS PROJECT IN PARTNERSHIP WITH THE BUREAU OF RECLAMATION 5700 PERKINS ROAD
RATES AND COSTS 10.01.24 EXHIBIT
A-8484 (2nd Amendment)
115
Monthly Non-Potable 12 12 Magnesium * 15 See Below 11.00 $ Monthly Non-Potable 12 12 Manganese * 15 See Below 11.00 $ Monthly Non-Potable 12 12 Oil and Grease * 15 See Below 37.00 $ Monthly Non-Potable 12 12 Potassium * 15 See Below 11.00 $ Monthly Non-Potable 12 12 Selenium * 15 See Below 11.00 $ Monthly Non-Potable 12 12 Strontium EPA 200.8 15 See Below 11.00 $ Monthly Non-Potable 12 12 Sulfate * 15 See Below 16.00 $ Monthly Non-Potable 12 12 Thallium * 15 See Below 11.00 $ Monthly Non-Potable 12 12 Zinc * 15 See Below 11.00 $
%
150% - Same Workday
100% - One Workday
75% - 2 to 3 Workdays
30% - 4 to 5 Workdays
Courier on Tuesday/Wednesday - No Charge
Courier on other than Tuesday/Wednesday (work days) - $220 RUSH SURCHARGES (available as capacity permits)
Mark up on Rush Samples
Notes:
* The BOR has not provided specific method requirements for requested analysis Wetland Project testing anticipated to end by March 2024 RATES AND COSTS 10.01.24 EXHIBIT
A-8484 (2nd Amendment)
116
SAMPLING
FREQUENCY
SAMPLE
MATRIX
NUMBER OF
SAMPLES
PER
SAMPLING
FREQUENCY
NUMBER
OF
SAMPLES
PER YEAR
ANALYSIS METHOD SUBCONTRACT
LABORATORY
STANDARD
TURN
AROUND
TIME
RUSH
TURN
AROUND
UNIT
PRICE
Quarterly Potable 5 20 General Mineral Varies 15 See Below 223.00 $ Quarterly Potable 5 20 Inorganic Chemicals Varies 15 See Below 184.00 $ Quarterly Potable 5 20 General Physical (Title 22) Varies 15 See Below 32.00 $ Quarterly Potable 5 20 1,4 Dioxane - GCMS EPA 827M by
522 15 See Below 168.00 $
Quarterly Potable 5 20 1,2,3 Trichloropropane(TCP)
GCMS-SIM SRL 524M - TCP 15 See Below 69.00 $
Quarterly Potable 5 20 Semivolatile Organic Compounds EPA 625 15 See Below 168.00 $ Quarterly Potable 5 20 Formaldehyde EPA 556 15 See Below 189.00 $ Quarterly Potable 5 20 Bromate EPA 300.1 15 See Below 37.00 $ Quarterly Potable 5 20 Chlorate EPA 300.1 15 See Below 37.00 $ Quarterly Potable 5 20 Chlorite EPA 300.1 15 See Below 37.00 $ Quarterly Potable 5 20 Carbamates EPA 531.1 15 See Below 90.00 $ Quarterly Potable 5 20 Organochlorine Pesticides & PCB's EPA 508 15 See Below 90.00 $ Quarterly Potable 5 20 Chlorinated Acid Herbicides EPA 515.3 15 See Below 90.00 $ Quarterly Potable 5 20 Oil and Grease EPA 1664A 15 See Below 37.00 $
CITY OF OXNARD
AQUIFER STORAGE and RECOVERY (ASR)
MONITORING WELLS
RATES AND COSTS 10.01.24 EXHIBIT
A-8484 (2nd Amendment)
117
Quarterly Potable 5 20 Diquat EPA 549.2 15 See Below 90.00 $ Quarterly Potable 5 20 Endothall EPA 548.1 15 See Below 90.00 $ Quarterly Potable 5 20 Explosives EPA 8330A 15 See Below 237.00 $ Quarterly Potable 5 20 Fumigants (EDB, DBCP) EPA 504.1 by 524.3 15 See Below 53.00 $ Quarterly Potable 5 20 Glyphosate EPA 547 15 See Below 90.00 $ Quarterly Potable 5 20 Glycol EPA 8015B 15 See Below 137.00 $ Quarterly Potable 5 20 Haloacetic Acids (HAA5) EPA 552.2 15 See Below 79.00 $ Quarterly Potable 5 20 Boron EPA 200.8 15 See Below 11.00 $ Quarterly Potable 5 20 Vanadium EPA 200.8 15 See Below 11.00 $ Quarterly Potable 5 20 Nitrosoamines low-level EPA 521 15 See Below 200.00 $ Quarterly Potable 5 20 Perchlorate EPA 314.0 15 See Below 42.00 $ Quarterly Potable 5 20 PFC's in Water by LC/MS EPA 537M 15 See Below 289.00 $ Quarterly Potable 5 20 Polybrominated Diphenyl Ethers
(PBDE's) EPA 905.0 by 1614M 20 See Below 263.00 $
Quarterly Potable 5 20 PPCP - Morphine by LCMSMS - ESI+ PPCP 1694 List AEPA 1694M 20 See Below 315.00 $ Quarterly Potable 5 20 PPCP - Pharmaceuticals
by LCMSMS - ESI + PPCP 1694 List B EPA 1694M 20 See Below 315.00 $ Quarterly Potable 5 20 PPCP - Pharmaceuticals
by LCMSMS - ESI - PPCP 1694 List C EPA 1694M 20 See Below 315.00 $ Quarterly Potable 5 20 PPCP - Horomones
by LCMSMS - APCI+
EPA 1694M
APCI 20 See Below see above
Quarterly Potable 5 20 Alkyl Phenols by GCMS ASTM D7065 15 See Below 263.00 $ Quarterly Potable 5 20 Pyrethroid Pesticides by GC/MS Sim GC/MS NCI-SIM 20 See Below 237.00 $ RATES AND COSTS 10.01.24 EXHIBIT
A-8484 (2nd Amendment)
118
Quarterly Potable 5 20 Gross Alpha EPA 900.0 15 See Below 42.00 $ Quarterly Potable 5 20 Gross Beta EPA 900.0 15 See Below 42.00 $ Quarterly Potable 5 20 Uranium (pCi/L) EPA 200.8 15 See Below 21.00 $ Quarterly Potable 5 20 Semivolatile Organics - Extended EPA 525.2 15 See Below 210.00 $ Quarterly Potable 5 20 Mod-OPP low-level EPA 525.2M 15 See Below 200.00 $ Quarterly Potable 5 20 Dioxin 2378TCDD- EPA 1613B 15 See Below 200.00 $ Quarterly Potable 5 20 Asbestos, Water-TEMP EPA 100.2 20 See Below 179.00 $ Quarterly Potable 5 20 Radium - 226 EPA 903.1 20 not
available 116.00 $
Quarterly Potable 5 20 Radium - 228 EPA 904.0 15 not
available 116.00 $
Quarterly Potable 5 20 Strontium - 90 EPA 905.0 15 not
available 142.00 $
Quarterly Potable 5 20 Tritium EPA 906.0 15 not
available 74.00 $
Quarterly Potable 5 20 EPA 524.2 -TBA EPA 524.2 15 See Below 63.00 $ Quarterly Potable 5 20 Volatile Organic Compounds EPA 524.2 15 See Below 84.00 $ Quarterly Potable 5 20 Bacteriological Coliform and E.Coli SM 9223B 15 See Below 32.00 $ Quarterly Potable 5 20 Hexavalent Chromium EPA 218.6 15 See Below 42.00 $ Quarterly Potable 5 20 Dissolved Oxygen EPA 360.1 15 See Below 32.00 $ Quarterly Potable 5 20 Oxidation Reduction Potential ASTM D1498 15 See Below 37.00 $ RATES AND COSTS 10.01.24 EXHIBIT
A-8484 (2nd Amendment)
119
Quarterly Potable 5 20 Hydrogen Sulfide EPA 150.1 /
SM 4500SH/ CAL 15 See Below 32.00 $
Quarterly Potable 5 20 Specific Conductance SM 2510B 15 See Below 11.00 $ %
150% - Same Workday
100% - One Workday
75% - 2 to 3 Workdays
30% - 4 to 5 Workdays
Courier on Tuesday/Wednesday - No Charge
Courier on other than Tuesday/Wednesday (work days) - $220 RUSH SURCHARGES (available as capacity permits)
Total Annual Estimated Cost:
Mark up on Rush Samples
Notes:
Sample frequency may change once State requirements for sampling become offical RATES AND COSTS 10.01.24 EXHIBIT
A-8484 (2nd Amendment)
120
Public Works and Transportation Committee
July 22, 2025
City Council
September 2, 2025
Tim Beaman, P.E.
Assistant Director of Public Works
Agreement 32600066 with Eurofins Eaton
Analytical, LLC for Lab Testing Services
121
RECOMMENDATION 2
That the Public Works and Transportation Committee
recommend that the City Council approve and authorize the Mayor to execute an Agreement with Eurofins Eaton
Analytical, LLC for an initial term of one year from October 1, 2025, to September 30, 2026, with the option for four
consecutive one-year period extensions ending September 30, 2030, for a total contract amount not to exceed $2,325,000 for laboratory testing services for the Public Works
Department.
122
RECOMMENDATION 3
That the City Council approve and authorize the Mayor to execute an Agreement with Eurofins Eaton Analytical, LLC for an initial term of one year from October 1, 2025, to September 30, 2026, with the option for four consecutive one-year period extensions ending September 30, 2030, for a total contract amount not to exceed $2,325,000 for laboratory testing
services for the Public Works Department.
123
BACKGROUND 4
• The City of Oxnard must comply with State and Federal permits that require regular sampling, analysis, and
certified reports for water, wastewater, and recycled water • The Wastewater Division operates a small certified lab capable of basic testing, but lacks the resources and
equipment to perform complex analyses
• Due to cost and complexity, specialized analyses are
contracted out to a third party laboratory
• These services ensure the City remains in compliance with State and Federal regulations
124
• Request for Proposal (RFP) PW 25-126 for Laboratory
Testing Services
• Released April 28, 2025
• Due date May 28, 2025
• The RFP was directly sent to two laboratory firms and published on
• Publicpurchase.com
• Oxnard.gov
• RFP PW 25-126 received three proposals
DISCUSSION 5
125
• The submittals were reviewed by the following staff:
• Water - Regulatory Compliance Coordinator
• Recycled Water - Operations Manager
• Wastewater - Laboratory Manager
• Wastewater - Sr. Analyst
• Staff determined Eurofins to be qualified based on the following comprehensive scoring criteria:
• Company Profile/ Qualifications
• Proposed Staff/ Staff Expertise
• Relevant Project Experience
• Methodology/ Quality Assurance
• Cost
DISCUSSION 6
126
• Eurofins hold the following certifications
• ELAP - Environmental Laboratory Accreditation Program • NELAP - National Environmental Laboratory Accreditation Program
• Eurofins will conduct analytical testing for the Public Works Department
• Including drinking water, wastewater, solids, and recycled water • Primarily out of CA labs in Pomona, Tustin, and Ventura • Standard turnaround time is 10 days with rush options available
DISCUSSION 7
127
FINANCIAL IMPACT
• Total cost for this Agreement with Eurofins for Laboratory Testing Services shall not exceed $2,325,000 through
September 30, 2030, if all years are extended
• Funding for this Agreement has been programmed and is available in the Fiscal Year 2025-26 Adopted Budget from the Water Operating Fund (601), the Wastewater
Operating Fund (611) and the Environmental Resources
Fund (631)
• Funding for subsequent fiscal years will be requested through the annual budget process.
8 128
End of Presentation
129
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
AGENDA REPORT
REPORTS
AGENDA ITEM NO. D.3
DATE: July 22, 2025
TO: Public Works and Transportation Committee
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Agreement 32600021 with Joseph Garcia DBA Casamar Group LLC for On-Call Labor Compliance Services. (10 minutes)
RECOMMENDATION
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with Joseph Garcia DBA Casamar Group LLC for a total amount not to exceed $1,000,000 with an initial term of one year from October 15, 2025, to October 14, 2026, with an option for four consecutive one-year period extensions ending October 14, 2030, for on-call labor compliance services.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/9NokcC9tuJU
BACKGROUND
The Public Works Department (PW) utilizes professional consulting firms to provide licensed and/or technical expertise in various disciplines that support the development and implementation of the Capital Improvement Program (CIP) as well as non-CIP projects. Utilization of these specialized contractors is necessary to provide services that supplement the skills, experience, and sometimes peak workload times of City staff. It is in the City’s interest to have a pool of these professional service contractors available on-call for a range of technical disciplines so that services can be procured, and needed work can proceed, in fairly short order.
Pre-approved on-call professional service agreements reduce the amount of time necessary to procure service contractors and thus facilitate the timely completion of certain categories of CIP and other projects. The services covered under this request include, but are not limited to, providing labor compliance work to support the CIP and other Departmental projects and agreements that require tasks in this discipline. This may include project administration, project coordination, preparation and processing of labor compliance documents, monitoring and auditing contractor labor compliance documents, periodic labor compliance reporting, and such other services as may be required by the City.
DISCUSSION
On April 2, 2025, the Purchasing Department issued a Request for Proposal (RFP) 25-109 for On-Call Labor Compliance Services. The RFP was directly sent to three potential vendors and published on www.PublicPurchase.com as well as the City’s Purchasing website. Proposals were due April 30, 2025, and a total of 6 proposals were received from the following vendors:
130
TSG Enterprise MVN & Associates MNS Engineers
Comprehensive Housing Services Joseph Garcia DBA
Casamar Group
Crede Construction Advisory
A rating and selection process of the proposals was then performed by a panel that consisted of the Engineering Division Manager, a Senior Construction Project Manager, and a Construction Project Manager. Scoring criteria consisted of company profile, qualifications of proposed staff, relevant professional experience and performance, and overall responsiveness that best met the RFP criteria while being consistent with the City’s municipal code. After the panel scored the proposals based upon the criteria listed in the RFP, Joseph Garcia DBA Casamar Group LLC was the top-rated firm. It should be noted that Joseph Garcia DBA Casamar Group LLC is the current provider of these services for the City and has been performing well.
Following further review by the Purchasing Division, it was determined that the Joseph Garcia DBA Casamar Group LLC meets all required City contractual requirements, including possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State. Therefore, based upon the analysis and research performed to date, staff believes that Joseph Garcia DBA Casamar Group LLC is capable of successfully performing the On-Call Professional Services to the City of Oxnard.
Professional services under this agreement will be composed of task orders for each individual project assigned by the City and under the supervision of a Project Manager. The task order proposal will identify a concise description of the scope of work to be performed by the consultant, the method by which the consultant plans on completing the work, and a schedule for completion of the work. It is the consultant's responsibility to determine the best and most cost-effective method to complete the work so that the assigned task order can be completed to the satisfaction of the City.
STRATEGIC PRIORITIES
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.
FINANCIAL IMPACT
The total cost for this Agreement shall not exceed $1,000,000 over five years if all extension options are fully executed. Although varying amounts of labor compliance services are required year-to-year, it is anticipated that up to $200,000 per year will be sufficient to meet the needs of the CIP program. Funding for individual tasks will be sourced from projects identified in the City Council-approved CIP or, on rare occasions, the FY 2025-26 Adopted Operating Budget for City Divisions with non-CIP project requirements (e.g., Facilities Maintenance Division making minor office improvements). The Project Manager will ensure sufficient funding is available in the approved budget for related tasks prior to initiating work orders or services performed.
Subsequent fiscal year allocations will be requested during the annual budget process.
Prepared by: Morgan Kessler, City Engineer
ATTACHMENTS
1. Agreement No. 32600021
2. Prior Agreement Rate Sheet
3. Presentation
131
132
Agreement No. 32600021
ON-CALL PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF OXNARD AND JOSEPH GARCIA DBA CASAMAR GROUP LLC By This On-Call Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of Joseph Garcia DBA Casamar Group LLC (“Consultant”), and Consultant agrees to perform the Services for City as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. City and Consulta nt may be individually referred to as “Party” or collectively as the “Parties.”
1. [INTE
NTIONALLY OMMITTED].
2. SUM
MARY DESCRIPTION OF SERVICES.
The La
bor Compliance Services Consultant (Consultant) shall provide governmental labor compliance services, including but not limited to, project administration; project coordination; preparation and processing of labor compliance documents, monitor and audit contractor labor compliance documents; periodic labor compliance reporting; and such other services as may be required by the City of Oxnard (City). Services shall be provided by the Consultant on projects as authorized and directed by the City under a duly executed and approved Task Order.
The S
ervices to be performed pursuant to this agreement are described in the Scope of Services, attached hereto as Exhibit A. The City may require Consultant to perform all or a portion of these services through subsequently issued Task O rders. Task Orders will be in the form of the template described in and attached the Scope of Services. The Services under this Agreement will be provided on an on- call or as needed basis.
Cons
ultant is not be the exclusive provider of services to the City. The City does not guarantee a specified amount of work under this on-call agreement.
3. PART
IES.
City
of Oxnard , a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030.
133
Joseph Garcia DBA Casamar Group LLC an LLC of the State of California, located at 23335 Alamos Lane, Newhall, CA 91321.
4. TE
RM OF AGREEMENT: From: October 15, 2025 To: October 14, 2026 A. Ti
me is of the essence in this Agreement
B. The City shall have the option to exercise (4) consecutive (1) one-year term extensions, in accordance with the scope of work and terms and conditions of this Agreement. Any price negotiations, if allowed, shall be negotiated at the time of contract extension.
C. This Agreement shall not exceed a total of five (5) years (including the initial term and any options to extend). The City in its sole discretion may exercise the option terms upon sixty (60) days written notice to the Consultant (or any other time if the parties so agree) in accordance with Section 12 of this Agreement. The option term shall be commenced by an amendment to this agreement.
D. All Services required of Consultant under this Agreement shall be completed on or before the end of the term of the Agreement.
5. AGRE
EMENT AMOUNT NOT TO EXCEED: $1,000,000 12
6. AGRE
EMENT 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.
Ex
hibit A: Scope of Services and Task Order Template
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-A Exhibit D: Living Wage Policy
Exhibit E: Prevailing Wage Policy
Exhibit F: Iran Contracting Certification
7. DESI
GNATED 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 1 This is not a guaranteed dollar amount. No services or work performed pursuant to a Task Order shall exceed the “Not to Exceed” Amount of the Contract or the agreed upon amount stated in the Task Order.
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this Agreement. Additionally, Consultant’s Services shall be performed or immediately supervised by the Consultant’s Representative:
City Designated Representative
Name: KJ May
Title: Construction Project Manager
Senior
Phone: 805-393-3871
Email: [email protected]
Address: 305 West Third Street, East
Wing, Second Floor, Oxnard, CA
93030
Consultant Designated Representative
Name: Sophia Espinoza
Title: Project Manager
Phone: (909) 929-5797
Email: [email protected]
Address: 23335 Alamos Lane, Newhall,
CA 91321
8. CONTRACTUAL PREREQUSITIES. This Agreement must first be executed by the Consultant, after which the Agreement shall be approved as to form by the C ity Attorney, then executed by the Mayor, or an authorized person on behalf of the C ity, and if executed by the Mayor shall also be executed by the City Clerk.
A. Consultant is advised that any recommendation for Agreement award is not binding on City until the Agreement is fully executed and approved by the City.
B. All proof of a City tax certificate, insurance, and W-9 forms is required prior to execution of this Agreement.
C. Consultant shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 24 of this Agreement.
9. CONSULTANT’S SERVICES.
A. Consultant shall perform only the type or category of s ervices as set forth in the “Scope of Services,” and pursuant to the information contained in the Task Orders issued pursuant to this agreement.
B. Task Orders may only be modified in writing by the City’s Project Manager or Designated Representative.
C. The Services issued pursuant to a Task Order shall be coordinated with the designated City Project Manager set forth in Exhibit A and are subject to the direction of the C ity Manager or Department Director. Consultant hereby designates as its Project Manager, the individual identified in Section 7 of this Ag reement, as the person responsible for the Services who shall
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coordinate with City’s Project Manager in executing the Scope of Services and Task Order(s) under this Agreement.
D. Under no circumstances shall the Consultant exceed the amount stated in the City’s Task Order or perform additional work or services that are not included in the Task Order
10. COMPENSATION. City shall pay Consultant 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.” Consultant’s compensation shall not to exceed amount stated in the Task Order. Under no circumstances shall the Consultant perform work in excess of the amount stated in the Task Order or 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.
A. The maximum not to exceed amount for any individual Task Order issued pursuant to this Agreement shall be $100,000.00 per Task Order or $200,000, if the Task Order is associated with an identified and approved Capitol Improvement Project.
B. Annual Rate and Fees adjustments must be requested in writing and shall not exceed 3% and are subject to approval by the City. Annual adjustments shall apply to Task Orders issued after the adjustment is approved and not retroactively to in progress Task Orders.
11. PAYMENT and INVOICES. The C ity 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 C ity shall, within thirty (30) days after receipt of such invoice, notify the Consultant of the item(s) being disputed and the reason(s) therefore. The City may withhold payment for such disputed items until resolution of the dispute.
A. Payment Request. Consultant shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Invoices may be emailed to: [email protected].
B. C onsultant’s acceptance of final payment made pursuant to this Agreement shall constitute a release of C ity from all claims and liabilities for compensation to C onsultant for anything completed, finished or relating to the Services. City’s payment shall not constitute nor be deemed a release of the responsibilit y and liability of Consultant for the accuracy
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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 C onsultant and its employees, agents and subcontracted Consultants.
C. C onsultant shall provide C ity 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 C onsultant or materials or products provided to C ity by Consultant, Consultant shall pay the sales tax. City shall not reimburse Consultant for sales taxes paid by Consultant.
D. Non-Appropriation of Funds. Payments to be made to C onsultant 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 C ity. In the event C ity does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
12. OPTION TO EXTEND AGREEMENT . When in the C ity’s best interest, this Agreement may only be extended, if the City, in its discretion, exercises an option term in accordance with Section 4 subparagraphs (B) and (C) of this Agreement. The initial term, plus any option to extend shall not exceed a total of five (5) years. If no option to extend the Agreement appears in section 4(B), then this Agreement shall not be extended.
13. MODIFICATION OF AGREEMENT. This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment. The City may request that the Consultant perform Extra Services.
As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of the project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement 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
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notice pursuant to Section 22 of this Agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. City shall be liable to Consultant only for work done by Consultant up to and including the date of termination of this Agreement unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant may terminate this Agreement at any time during the term of the Agreement by giving the C ity sixty (60) calendar days’ prior written notice.
15. [RESERVED].
16. INDEPENDENT CONTRACTOR. C onsultant is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of Consultant or any of its employees, except as stated in this Agreement. Consultant has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting Consultant. This Agreement shall not be interpreted to prevent or preclude Consultant from rendering any Services for Consultant’s own account or to any other person or entity as Consultant in its sole discretion shall determine; provided, however, that performing such Services shall not materially interfere with the Services the Consultant shall perform for the C ity. The City retains the right to provide general instructions to and observe the Consultant in the performance of all Services done on behalf of the City.
Consultant and its employees, subconsultants, and agents have no authority, express or implied, to act on behalf of C ity in any capacity, to incur any debt, obligation or liability on behalf of C ity, bind City in any manner, or otherwise act on behalf of C ity as an agent. Consultant T and its employees are not employees of C ity. Consultant and its employees are not entitled to receive from C ity any of the benefits or rights afforded employees of C ity, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long- term disability and workers’ compensation insurance benefits. Consultant shall not, at any time or in any manner, represent that it or any of its agents, subconsultants, or employees are in any manner agents, subconsultants, or employees of City.
17. LAWFUL PERFORMANCE. C onsultant shall abide by all federal, state, and local laws and regulations as may be related to the performance of duties under this Agreement. Consultant, at its sole expense, shall obtain and maintain during the term
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of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of Services under this Agreement.
18. SAFETY REQUIREMENTS. Consultant shall not perform any Services for the C ity when the Consultant is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the C ity’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 C ity reserves the right to issue restraining or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of Consultant 's work by City shall not operate as a release of the Consultant from such standard of care and workmanship.
19. STANDARD OF PERFORMANCE; WARRANTY. Consultant agrees to perform all Services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar Services under similar conditions in the same or similar locality. Such Services shall also be performed in a manner which is reasonably satisfactory to City Project Manager, or designee (hereinafter the “Project Manager”), provided that discretion in determining what is satisfactory shall not alter the foregoing standard of care.
A. In accordance with the standard of care set forth in the first sentence of Section 19, the Consultant agrees that it:
(1) Has thoroughly reviewed and considered the services and work to be performed; and
(2) Has reviewed the issues regarding the Scope of Services and Task Orders to be provided; and
(3) Has carefully considered how the services and related work should be performed; and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement.
20. OWNERSHIP OF CONSULTANT’S WORK PRODUCT, CONFIDENTIALITY & DISCLOSURE, RECORDS & WARRANTY. C ity 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 C onsultant in performance of this Agreement and shall be entitled to
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immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by City.
A. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the Consultant pursuant to or in connection with this Agreement shall be the exclusive property of the City.
B. Deliverables. C onsultant shall deliver to the C ity the studies, plans, specifications, or other documents as are identified in the Scope of Services or Task Order; and Consultant shall, upon completion of all work or termination of this Agreement, submit to the C ity all information developed in the course of the Consultant 's services. Consultant shall, in such time and in such form as the C ity may require, furnish reports concerning the status of Services required under this Agreement.
Consultant shall, upon request by City and upon completion or termination of this Agreement, deliver to the C ity all material furnished to Consultant by the City.
C. Records and Inspections. The Consultant shall maintain full and accurate records, with respect to all Services and matters covered under this Agreement. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
The City shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.
D. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the C ity or information belonging to a third party whose information is in the C ity’s possession or control under obligations of confidentiality. Consultant may be granted access to information that is exempt from disclosure to the public (Government Code Section 7920.505) and may contain “trade secrets” (see Government Code Section 7924.510(f)) when it is necessary for C onsultant to perform its obligations pursuant to this Agreement. If C onsultant is granted such access to confidential information, C onsultant 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. C onsultant 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 C onsultant by the C ity or other information to which the
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Consultant has had access during the term of this Agreement without the prior written approval of the C ity’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.
F. No Warranty. Other than an obligation upon the City to deal in good faith, the City makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by C onsultant in reliance on any Confidential Information disclosed under this Agreement.
21. NOTICE OF BREACH AND OPPORTUNITY TO CURE. Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party. The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non-breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section 22.
22. NOTICE. All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first-class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 7. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.
23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE. Exc ept as set forth in Subsection A of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.
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A. The provisions of this Subsection apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. (1) Notwithstanding the provisions of Section 23 above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement.
(2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference. Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees
B. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
C. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.
24. INSURANCE. Consultant shall obtain and maintain during the performance of any Services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that Consultant obtain and maintain such insurance coverages. Such insurance must be issued by a company sat isfactory to the Risk Manager. Consultant shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as
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specified in “Exhibit C”. Maintenance of insurance coverages by C onsultant is a material element of this Agreement. C onsultant’s failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.
25. LIVING WAGE REQUIREMENTS . During the term of this Agreement, C onsultant understands and agrees that if Living Wages are applicable, subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit D ” to this Agreement, Consultant will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the Services provided for by this Agreement. The Living Wage is updated on July 1 of each year, and the duty to pay the correct wage is the responsibility of the Consultant.
26. 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 E” attached to this Agreement.
A. To determine if this Agreement is subject to compliance monitoring and enf
orcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html B. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.
C. In the event that there is a difference between the amount of wages to be paid under the City of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the Consultant.
27. IRAN CONTRACTING ACT. In accordance with the Iran Contract Act of 2010 (Public Contract Code sections 2200-2208) the City requires that any Consultant that submits a proposal or otherwise proposes to enter into or renew a contract with the C ity with respect to goods or Services of one million dollars ($1,000,000) or more, must certify, that the C onsultant is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in
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Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.
A Consultant is ineligible to enter into any contract with the City for goods or Services of one million dollars ($1,000,000) or more if the C onsultant engages in investment activities in Iran. C onsultant must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contract Act Certification attached as “Exhibit F.”
28. SUBCONTRACTING. If C onsultant requires the assistance of a subcontractor to render any Services under this Agreement, C onsultant 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”. Consultant is fully responsible for satisfactory completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, i f applicable. C onsultant shall be responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to this Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement.
29. CONFLICT OF INTEREST. Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s Services under this Agreement.
Consultant further covenants that in the performance of Services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it. In the event the C ity determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk.
Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.
30. DISPUTES. Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the C ity’s Designated Representative, who shall reduce this decision to writing and mail a copy to the Consultant. The decision of the City’s Designated Representative shall be final and conclusive unless Consultant requests mediation within ten (10) calendar days.
Pending final decision of a dispute, the C onsultant shall proceed diligently with the
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performance of the Agreement and in accordance with the decision of the C ity’s Designated Representative.
31. DISPUTE RESOLUTION. Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an Agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed- upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties.
Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action with out first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until Agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.
32. ASSIGNMENT. This Agreement is for the professional Services of C onsultant. Any attempt by Consultant to assign the benefits or burdens of this Agreement without the prior written approval of City shall be prohibited and shall be null and void. Consultant 's Services pursuant to this Agreement shall be provided by the Consultant’s Designated Representative or directly under his/her supervision, and Consultant shall not assign another to supervise the Consultant 's performance of this Agreement without the prior written approval of C ity, by and through the C ity’s Designated Representative.
33. CARE OF WORK. Should C onsultant discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by the C ity, Consultant shall immediately inform the C ity of such fact and shall not provide any Services, except at C onsultant’s risk, until written instructions are received from the Project Manager.
34. REPORTS. Upon request by the Project Manager or as otherwise required by this Agreement, including but not limited to, the Scope of Services or Task Orders set forth in “Exhibit A”, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the Services required by this Agreement.
35. AUDIT. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials used by C onsultant in preparing its billings to C ity as a
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condition precedent to any payment to Consultant, or for other purposes relating to the Agreement. Consultant will promptly furnish all documents requested by C ity.
Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit Consultant for a period of 3 years after final payment under the Agreement.
Regardless of whether a State audit is permitted, Consultant shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by C ity, whichever occurs later. Consultant shall maintain all such records in City or to promptly reimburse City for all reasonable costs incurred in conducting the audit at a location other than in City, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. Consultant shall include a copy of this Section in all contracts with its subcontractors, and Consultant shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.
36. ADVERTISING AND PUBLICITY . Consultant shall not use the name of or refer to City directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.
37. NONDISCRIMINATORY EMPLOYMENT. Consultant shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, e thnic 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. C onsultant understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, C onsultant shall be responsible for such subcontractor’s compliance with this Section.
38. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by C onsultant shall be construed to be both a covenant and a condition.
39. WAIVER. City’s review or acceptance of, or payment for, work product prepared by Consultant under this Agreement will not be construed to operate as a waiver of any rights C ity may have under this Agreement or of any cause of action arising from Consultant’s performance. A waiver by C ity of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any
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subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
40. FORCE MAJEURE. Neither the Consultant nor the City shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the City.
41. GOVERNING LAW. The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.
42. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.
43. INTEGRATED AGREEMENT. This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties. No verbal Agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.
44. NO THIRD-PARTY BENEFICIARY. This Agreement shall not be construed to be an Agreement for the benefit of any third- party or parties, and no third party or parties shall have any claim or right of action under this Agreement.
45. AUTHORITY TO EXECUTE. Each Party hereto expressly warrants and represents that the signatories to this Agreement have the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the signatories have the authority to bind each Party to the performance of its obligations hereunder.
46. EXECUTION – COUNTERPARTS. This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature or electronic signature of an authorized representative of each of the relevant Parties. No counterpart shall be deemed to be an original or presumed
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delivered unless and until the counterpart executed by the other Party to this Agreement is in the physical possession of the Party seeking enforcement thereof.
47. INCONSISTENT OR CONFLICTING TERMS. In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement.
Any contractual terms or conditions contained in such exhibit imposing additional obligations on the City are not binding upon the City and City ’s Designated Representative unless specifically agreed to in writing, and initiated by City ’s Designated Representative, as to each additional contractual term or condition.
48. CAPTIONS AND HEADINGS. The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content, scope, or intent of the provisions described under the respective caption or heading.
49. ACKNOWLEDGEMENT. By signing below, C onsultant acknowledges that it has reviewed the C ity’s Professional Services Agreement terms and conditions and insurance requirements and that Consultant hereby agrees to full compliance.
[Signatures on next page]
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IN WITNESS WHEREOF, the Parties have entered into this Agreement effective on the date as written in Section 4 and upon signature of all Parties.
CITY OF OXNARD JOSEPH GARCIA DBA
CASAMAR GROUP LLC
☐Luis A. Mc Arthur, Mayor2 Date Joseph J. Garcia, Date ☐Jennifer Yates, Purchasing Manager3 P.E., Board President, CEO
Janet A. Garcia,4 Date
Vice President, Corporate Secretary
ATTEST:
Lourdes A. López, City Clerk Date
(only if Mayor authorizes)
APPROVED AS TO FORM:
Stephen M. Fischer, Date
City Attorney (always required)
2 The City Council must authorize and the Mayor must execute any agreement over $220,000. 3 The Purchasing Agent may execute any authorized agreement up to $220,000. 4 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-lev el managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.
If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company.
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EXHIBIT A
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Joseph Garcia DBA Casamar Group LLC)
SCOPE OF SERVICES
Project Manager: KJ May
Title: Construction Project Manager Senior
Phone: 805-393-3871
Email: [email protected]
The Labor Compliance Services Consultant (Consultant) shall provide governmental labor compliance services, including but not limited to, project administration; project coordination; preparation and processing of labor compliance documents, monitor and audit contractor labor compliance documents; periodic labor compliance reporting; and such other services as may be required by the City of Oxnard (City). Services shall be provided by the Consultant on projects as authorized and directed by the City under a duly executed and approved Task Order.
Labor Compliance Services under this agreement will be composed of task orders for each individual project assigned by the City. Projects shall include, but not be limited to, public buildings, housing, public work infrastructure and such other facilities as may be required. The task order proposal shall identify a concise schedule for completion of the Work. It is Labor Compliance Services consultant’s (Consultant) responsibility to determine the best and most cost -effective method to complete the Work so that the assigned task order can be completed to the satisfaction of the City. Task orders will be negotiated as a lump sum amount per term based upon the hourly rate fee schedule as agreed to by the City and Consultant for all services and under agreement amount. Task order funds will be encumbered based on quote provided to City by Consultant per task order. This Scope of Work will allow for additional professional services offered by Consultant and the services noted below shall not be restricted to those directly stated.
The Scope of Work shall include, but not be limited to the following:
Subcategory 1.1 – Labor Compliance
• Monitor and audit contractor CPRs and related documents; monitor contractors’ compliance with apprenticeship requirements; identify potential labor compliance issues and conduct investigations; document receipt, data entry, and requests for missing documents.
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• Conduct jobsite reviews and worker interviews as required by the City, Federal, State, County, and any agency providing grant to the project. Verify interview against submitted payrolls.
• Provide project closeout and archiving support.
• Provide the most current and applicable wage determination information and provide this to the City for each contract.
• Establish and maintain payroll files in conformance with standards established by the City and grantor agencies.
• Review certified payroll records, confirming the accuracy of those records and verify compliance of all federal and state required forms and submittals. Notify prime contractor and City of any deficiencies in wages, overtime compensation, incomplete or inaccurate records and/or incomplete statements of compliance.
Follow up on delinquent payrolls and wage underpayment in accordance with grant agency and City requirements. Provide technical assistance to contractors, as needed, to assist in completion of payroll forms.
• Monitor receipt of documents required by federal grant agencies, e.g., certificate of employee authorization and statement of fringe benefits and apprentice programs.
• Conduct site visits which will include field interviews with all contractors and subcontractors, observation reports and photos. Verify interview results against submitted payrolls. Site visits to be made at random, without providing prior notification to contractor or subcontractors.
• Investigate complaints and perform audits as needed, communicating with complainants,
contractors and other agencies.
• Provide DBE/WBE and other Disadvantaged Business Enterprise Programs verification reports upon the request of the City.
• Provide Title VI verification and reports upon the request of the City. • Review labor standard provisions of contract specifications upon the request of the City.
• Provide technical assistance and training of City staff to perform monitoring functions as may be requested.
• Provide information on how any fees, fines and penalties that may be levied against any
contractor or subcontractor by any federal, state or local agency as a result of these monitoring services is administered by your firm. Immediately inform the City of changes or developments regarding issues of federal or state compliance.
Subcategory 1.2 – Project Administration and Coordination • Assist in project coordination, pre- bid, pre- construction, and progress meetings related to labor compliance.
• Prepare materials for and attend pre- bid and pre- construction conferences to explain labor
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standards requirements to contractors. Provide technical assistance to contractors, as needed, to aid in completion of payroll forms. • Provide administrative reviews, project management and staff assignment status meetings.
• Assist the City with contractors’ applications for progress payments. • Prepare monthly reports on the status of labor compliance. • Prepare periodic reports on the status of labor compl iance documents as requested.
• Meet with grantor agencies and other government representatives and be prepared to respond to compliance issues as required.
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EXHIBIT B
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Joseph Garcia DBA Casamar Group LLC)
SCHEDULE OF COMPENSATION
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EXHIBIT C
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Joseph Garcia DBA Casamar Group LLC)
INSURANCE REQUIREMENTS
Prior to contract approval and beginning of services under this agreement , Consultant must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document.
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EXHIBIT D
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Joseph Garcia DBA Casamar Group LLC)
LIVING WAGE POLICY
Pursuant to the Living Wage Policy adopted July 9, 2002 by the C ity Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard C onsultant/Professional Services contracts that may be governed by the Living Wage Policy.
A. Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, Consultant shall pay such employee no less than $20.06 per hour for each hour that such employee provides Services under this Agreement. In addition, while this Agreement is in effect, Consultant shall provide to such employee no less than 96 hours of paid leave per calendar year.
B. Consultant agrees to post, at a location readily accessible to those employees providing Services to the City, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.
C. If Consultant fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Consultant, effective immediately.
D. In addition, if Consultant fails to comply with the Living Wage Policy in any manner, Consultant shall pay to C ity a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Consultant shall pay such fine and penalty within fifteen (15) calendar days after the C ity Manager or designee provides written notice to Consultant of the amount owed.
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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2025
Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D . While this Agreement is in effect, Consultant shall pay such employee no less than $20.06 per hour for each hour that such employee provides Services under this Agreement. This hourly rate shall be adjusted on July 1, 202 6, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI -U), index base 1982- 84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, Consultant shall provide to such employee no less than 96 hours of paid leave per calendar year.
a. Consultant agrees to post, at a location readily accessible to those employees providing Services to the C ity, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002.
b. If Consultant fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Consultant, effective immediately.
c. In addition, if Consultant fails to comply with the Living Wage Policy in any manner, Consultant shall pay to C ity a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Consultant shall pay such fine and penalty within fifteen (15) calendar days after the C ity Manager or designee provides written notice to Consultant of the amount owed.
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EXHIBIT E
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Joseph Garcia DBA Casamar Group LLC)
PREVAILING WAGE
1. Consultant acknowledges that the Project defined in the Agreement between Consultant 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. Consultant shall perform the Project as a public work.
Consultant 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. P ursuant 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 C ity Hall and will be made available to any interested party on request.
Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
3. Consultant is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).
4. Consultant 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. Consultant 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 Consultant or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.
5. Consultant shall comply with Labor Code Section 1776, which requires Consultant 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. Consultant 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, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after
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concluding the Project, Consultant and each of its subcontractors shall submit to C ity a verified statement of the journeyman and apprentice hours performed under this Agreement.
7. Consultant 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, Consultant must immediately notify City.
8. Consultant 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. Consultant 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. Consultant acknowledges that 8 hours labor constitutes a legal day’s work.
Consultant shall comply with and be bound by Labor Code Section 1810.
10. Consultant shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25 for each worker employed in the performance of this Agreement by Consultant 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 Consultant’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. Consultant shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s ru les and regulations, and Labor Code Sections 1860 and 3700. Consultant 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. Consultant 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, Consultant shall diligently take corrective action to halt or rectify any failure.
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13. To the maximum extent, Consultant shall hold harmless, defend (wit h counsel approved by the City Attorney) and indemnify City, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant , 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 Consultant under this Section shall survive Agreement termination.
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Agreement No. 32600021
EXHIBIT F
PROFESSIONAL SERVICES AGREEMENT
(CIT
Y of Oxnard and Joseph Garcia DBA Casamar Group LLC)
IRAN CONTRACTING CERTIFICATION
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(Original Agreement Rates)
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Public Works and Transportation Committee
July 22, 2025
Morgan Kessler, PE
City Engineer
Agreement 32600021 with Joseph Garcia DBA
Casamar Group LLC for On-Call Labor
Compliance Services
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RECOMMENDATION 2
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with Joseph Garcia DBA Casamar Group LLC for a total amount not to exceed $1,000,000 with an initial term of one year from October 15, 2025, to October 14, 2026, with an option for four consecutive one-year period extensions ending October 14, 2030, for on-call labor compliance services.
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BACKGROUND 3
• The Public Works Department (PW) utilizes professional consulting firms to provide licensed, technical expertise in various disciplines that support the Capital Improvement Program (CIP).
• Utilization of these specialized contractors is necessary to provide services that supplement the skills, experience, and sometimes peak workload times of City staff.
• It is in the City’s interest to have a pool of these professional service contractors available on-call so that work can proceed in fairly short order.
• On-call professional service agreements reduce the amount of time to procure service contractors, and facilitate the timely completion of CIP and other projects.
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BACKGROUND 4
• These specialized services include but are not limited to; • Monitor and audit contractor Certified Payrolls and related documents;
• Monitor contractors’ compliance with apprenticeship requirements; • Identify potential labor compliance issues and conduct investigations;
• Conduct jobsite reviews and worker interviews;
• Provide project closeout and archiving support;
• Establish and maintain payroll files in conformance with standards established by the City and grantor agencies;
• Prepare materials and attend pre-bid and pre-construction conference to explain labor standards requirements;
• Assist the City with contractor’s applications for progress payments.
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DISCUSSION
• The Purchasing Department released Request for
Proposals (RFP) 25-109 for On-Call Professional Labor
Compliance Services
• Released April 2, 2025
• Due date April 30, 2025
• RFP 25-109 was directly sent to three potential vendors and published on www.PublicPurchase.com as well as the City’s Purchasing website.
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• The qualifications were reviewed by:
• Engineering Division (Division Manager),
• Senior Construction Project Manager,
• Construction Project Manager
• Joseph Garcia DBA Casamar Group LLC was determined to be the top vendor based on the following scoring criteria:
• Company profile
• Assigned staff
• Relevant experience
• Overall responsiveness
• Joseph Garcia DBA Casamar Group LLC is the current provider of these services for the City and has been performing well.
DISCUSSION 6
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FINANCIAL IMPACT
• Agreement shall not exceed $1,000,000, over five years if all options are extended.
• Funding will be per identified in the CIP, or by Division Adopted Budget.
• The respective Division/Project Manager will ensure
sufficient funding is available for each task.
• Subsequent fiscal year allocations will be requested during the annual budget process.
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End of Presentation
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PUBLIC WORKS AND TRANSPORTATION COMMITTEE
AGENDA REPORT
REPORTS
AGENDA ITEM NO. D.4
DATE: July 22, 2025
TO: Public Works and Transportation Committee
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Agreement 32600043 with Arborpro Inc. for Urban Forestry Services. (10 minutes)
RECOMMENDATION
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with Arborpro Inc. for a total amount not to exceed $363,186 with an initial term of two years from September 3, 2025 to September 2, 2027, with the option for one consecutive one-year period extension ending September 2, 2028, for Urban Forestry Services.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/l0ho6yrxJT4
BACKGROUND
The USDA Forest Service is disbursing approximately $1 billion for urban and community forestry investments through the Inflation Reduction Act - Urban and Community Forestry grant program. Projects that are eligible for this grant include those that protect, enhance, and expand equitable urban tree canopy cover to maximize community access to human health, social, ecological, and economic benefits. Additionally, projects that involve long-term urban forest planning, assessment, and management; projects that enact proactive and systematic maintenance and monitoring of urban trees and projects that advance the use of tree inventories, monitoring, and assessment tools, among other objectives, are eligible. The City Council approved the Grant Application and Resolution for the Inflation Reduction Act – Urban and Community Forestry Grant Program on July 18, 2023.
On August 20, 2024, the City of Oxnard was awarded the Grant in the amount of $984,925.00 from the USDA Forest Service through a Subaward Agreement (Attachment) with Green Latinos, Project Number: 00000023.
This project includes the award of an agreement to perform the inventory of the City’s trees, a Level 2 Risk Assessment of each City tree, a list of trees that are recommended for removal, use of a LiDAR drone to measure the citywide tree canopy cover and provide an analysis to improve cooling in disadvantaged neighborhoods, and provide Urban Forestry Management Training to staff along with Community Outreach and Education. This grant will fund the removal of an estimated 600 trees that will be identified as part of the Level 2 Risk Assessment. The tree removals will be bid separately from this Agreement.
This project is designed to serve as a critical first step towards the long-term resiliency and health of the City’s Urban Forest, and is consistent with the 2022 Tree Program Review performed by Dudek and presented to the City Council on January 18, 2022.
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DISCUSSION
On May 12, 2025, the Purchasing Division published a Request for Proposals (RFP) PW 25-132 for Urban Forestry Services within the City. Two potential vendors were directly notified of the RFP, as well as the RFP being published on www.PublicPurchase.com and the City’s Purchasing website. Bid submissions were due by May 28, 2025 and the City received four submissions. An Evaluation Committee reviewed all four proposals and each Committee Member (Asst. Public Works Director, Parks Manager, and Parks Supervisor) scored each proposal individually based on: 1) Completeness of Response; 2) Qualifications, experience, and education of key staff; 3) Scope of Services to be provided; 4) Proposer’s experience with public agencies; and, 5) References. The collective Committee scores rated Arborpro, Inc. as the most responsive to the RFP.
Staff has confirmed that Arborpro Inc. meets all required City contractual provisions, possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State. Based upon the available information and research performed to date, staff believes the vendor is capable of satisfactorily completing the services in this Agreement.
After the completion of this Agreement by Arborpro, Inc., the remaining grant funds will be applied towards future contract services for the removal of identified hazardous trees, the planting of new trees, and the development of the City Urban Forest Master Plan, following scope and budget amendment approval by the grantor (Green Latinos).
STRATEGIC PRIORITIES
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.
FINANCIAL IMPACT
The total cost for this Agreement with Arborpro Inc. shall not exceed $363,186 over the term of the contract.
Services will commence on September 3, 2025, and grant funds have been awarded from the Inflation Reduction Act - Urban and Community Forestry grant program to cover 100% of the project costs (City Project #G2509, account 2003301-53200-G2509).
Please note that the Agreement attached to this agenda report is in draft format. Staff is currently working with ArborPro, Inc., to finalize the terms of the agreement and anticipates presenting the finalized version at the September 2, 2025, City Council meeting.
Prepared by: Steve Howlett, Assistant Public Works Director, Brandon Lopez, Parks Manager
ATTACHMENTS
1. DRAFT Agreement No. 32600043
2. Green Latinos Agreement for Project No. 00000023
3. Presentation
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DRAFT
PROFESSION
AL SERVICES AGREEMENT
BETWEEN
THE CITY OF OXNARD AND ARBORPRO INC.
B
y This Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of ArborPro Inc. (“Consultant”), and Consultant agrees to perform the Services for City as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. City and Consultant may be individually referred to as “Party” or collectively as the “Parties.”
RECITALS
WHEREAS, the City issued a Request for Proposals (RFP), for Project seeking Professional Services to provide Urban Forestry Services for Parks and the RFP notified proposers that the project was subject to grant funding and included the terms and conditions of the specific grant; and
WHEREAS, the City applied for and was awarded a USDA Forest Service Grant through a Subaward Agreement with GreenLatinos Project: 00000023 awarded on August 20, 2024.
WHEREAS, Consultant submitted a proposal dated May 27, 2025 (the “Proposal”) in response to the RFP which the City has reviewed and evaluated in accordance with the standards set forth in the RFP, and Consultant acknowledged the project was subject to grant funding; and
WHEREAS, the City desires at this time to implement the project; and WHEREAS, Consultant represents that it is fully qualified and licensed to perform t he consulting and/or professional Services required for performance under this Agreement by virtue of its experience and the training, education, and expertise of its principals and its employees; and
WHEREAS, in light of the facts set forth above, the City desires to retain Consultant to provide Urban Forest Inventory and Level 2 Assessment Project Number: 00000023 on an independent contractor basis in accordance with the terms and provisions set forth in this Agreement.
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
Agreement No. 32600043
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DRAFT
1. The Reci
tals set forth above are true and correct and together with any definitions set forth therein are hereby incorporated into this Agreement by this reference, as though set forth fully herein.
2. SUMMARY DESCRIPTION OF SERVICES.
The Consultant will support the City’s Urban Forest through a citywide Tree Inventory, Level 2 Tree Assessment, identification of hazardous trees, LiDAR analysis, Urban Forestry training, community outreach, and a Final Report aligned with the USDA’s Ten- Year Urban Forestry Action Plan. The project also suppor ts the Federal Justice40 Executive Order and California’s Forest Ac tion Plan, with a focus on heat impacts in disadvantaged communities.
A Communications Plan, including a City- hosted webpage and social media, will share project details, funding sources, goal s, and updates. Community engagement will prioritize involvement from disadvantaged co mmunities and local youth in the City of Oxnard.
The Services to be performed pursuant to th is agreement are described in the Scope of Services, attached hereto as Exhibit A. The City may require Consultant to perform all or a portion of these services through subsequently issued Task Orders. Task Orders will be in the form of the template described in and attached the Scope of Services. The Services under this Agreement will be provided on an on-call or as needed basis.
Consultant is not be the exclusive provider of services to the City. The City does not guarantee a specified amount of work under this on-call 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.
ArborPro Inc., a corporation of the State of California, located at 22605 E La Palma Ave #509, Yorba Linda, CA 92887.
4. TERM OF AGREEMENT: From: September 3, 2025 To: September 2, 2027 A. Time is of the essence in this Agreement
B. The City shall have the option to exercise (1) consecutive (1) one-year term extension, in accordance with the sc ope of work and terms and conditions of this Agreement. Any price negotiations, if allowed, shall be negotiated at the time of contract extension.
Agreement No. 32600043
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DRAFT
C. This Agree
ment shall not exceed a total of five (5) years (including the initial term and any options to extend). The City in its sole discretion may exercise the option terms upon sixty (60) days written notice to the Consultant (or any other time if the parties so agree) in accordance with Section 12 of this Agreement. The option term shall be commenced by an amendment to this agreement.
D. All Services required of Consultant under this Agreement shall be completed on or before the end of the term of the Agreement.
5. AGRE
EMENT AMOUNT NOT TO EXCEED: $363,186.00
6. AGRE
EMENT 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.
Ex
hibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-A Exhibit D: Grant Agreement
Exhibit E: Living Wage Policy
Exhibit F: Prevailing Wage Policy
7. DESI
GNATED REPRESENTATIVES. The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the Services under this Agreement. Additionally, Consultant’s Services shall be performed or immediately supervised by the Consultant’s Representative:
Ci
ty Designated Representative
Name: Steve Howlett
Title: Assistant Department Director II
Phone: (805) 385-7830
Email: [email protected]
Address: 305 West Third Street, East
Wing, Third Floor, Oxnard, CA 93030
Consultant Designated Representative
Name: Mason Burdick
Title: Project Manager
Phone: (657) 274-1331
Email: [email protected]
Address: 22605 E. La Palma Ave, Suite
509, Yorba Linda, CA 92887
8. CONT
RACTUAL PREREQUSITIES. This Agreement must first be executed by the Consultant, after which the Agreement shall be approved as to form by the City Agreement No. 32600043
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DRAFT
Attorney, then executed by the Mayor, or an authorized person on behalf of the City, and if executed by the Mayor shall also be executed by the City Clerk.
A.
Consultant is advised that any recommendation for Agreement award is not binding on City until the Agreement is fully executed and approved by City.
B. A request for modification of the terms, prior to execution of the Agreement, must be made in writi ng and presented to the De signated Representative of the City prior to the time this Agreement is executed.
C. All proof of a City tax certificate, insurance, and W-9 forms is required prior to execution of this Agreement.
D. Consultant shall not pe rform any work under this Agreement until a proof of insurance has been provided to the City as requir ed under Section 24 of this Agreement.
9. CONSULTANT’S SERVICES.
A. Consultant shall perform the tasks, obligations, and Services set forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 13 of this Agreement.
B. The Services shall be coordinated with the designated City Project Manager set forth in Exhibit A subject to the direction of the City Manager or Department Director. Consultant hereby designates its Project Manager as set forth in “Exhibit A” as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the Scope of Services under this Agreement.
10. COMPENSATION. City shall pay Consultant for the Services performed pursuant to the terms of this Agreement and the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” City shall pay Consultant an amount not to exceed the amount is listed in Section 5 of this Agreement. Once this Agreement is executed, the Schedule of Compensat ion may only be modified by written Amendment pursuant to Section 13 of this Agreement, and may be subject to approval by the City Council.
11. PAYMENT and INVOICES. The City shall pay all undi sputed portions of any applicable invoice within thirty (30) days afte r receipt of an invoice. In the event the City disputes one or more items in an invoice, the City shall, withi n thirty (30) days after receipt of such invoice, notify the Consultant of the item(s) being disputed and Agreement No. 32600043
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DRAFT
the reason(s) therefore. The City may withhold payment for such disputed items until resolution of the dispute.
A.
Payment Request. Consultant shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Invoices may be emailed to: [email protected].
B. Consultant’s acceptance of fi nal payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant fo r anything completed, finished or relating to the Services. City’s payment shall not constitute nor be deemed a release of the responsibility and liabi lity of Consultant for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Consult ant and its employees, agents and subcontracted Consultants.
C. Consultant shall provide City wi th a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by Consultant or materials or products provided to City by Consultant, Consultant shall pay the sales tax. City shall not reimburse Consultant for sales taxes paid by Consultant.
D. Non-Appropriation of Funds. Payments to be made to Consultant by City for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of City. In the event City does not appropriate sufficient funds for paym ent of the Services beyond the current fiscal year, this Agreement s hall cover payment for the Services only up to the conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
12. OPTION TO EXTEND AGREEMENT. When in the City’s best interest, this Agreement may only be extended, if the City, in its discretion, exercises an option term in accordance with Section 4 subparagraphs (B) and (C) of this Agreement. The initial term, plus any option to extend shall not exceed a total of five (5) years. If no option to extend the Agreement appears in section 4(B), then this Agreement shall not be extended.
Agreement No. 32600043
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DRAFT
13. MODIFICAT
ION OF AGREEMENT. This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment. The City may request that the Consultant perform Extra Services.
As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of the project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written amendment signed by both Parties shall be required to authorize performance of and payment for Extra Services.
14. TE
RMINATION OF AGREEMENT. City may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 22 of this Agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. City shall be liable to Consultant only for work done by Consultant up to and including the date of termination of this Agreement unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant may terminate this Agreement at any time during the term of the Agreement by giving the City sixty (60) calendar days’ prior written notice.
15. FE
DERAL GRANT FUNDING REQUIREMENTS . The Request for Proposal for this Agreement included a Section that placed Consultant on Notice that the Agreement and associated Scope of Work is being funded in whole or in part with federal assistance under the Cooperative Forestry Assistance Act, P.L. 95-313 as amended, 16 USC section 2105 and Public Law 117- 169, Subtitle D, Section 23003(a). The Federal Assistance Listing (formerly Catalog of Federal Domestic Assistance – CFDA) number and name are 10.727, Inflation Reduction Act Urban & Community Forestry Program. GreenLatinos’ Award Cooperative Agreement (FAIL) number is 24- CA- 11132544-013. A Federal Grants Requirement Rider is attached hereto [in its entirety] as Exhibit D and incorporated herein by this reference. Consultant shall comply with all requirements and provisions of Exhibit D.
16. INDE
PENDENT CONTRACTOR. Consultant is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of Consultant or any of its employees, except as stated in this Agreement. Consultant has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting Consultant. This Agreement shall not be interpreted to prevent or preclude Consultant from rendering any Services for Consultant’s own account or to any other person or entity as Consultant in its sole discretion shall determine; provided, however, that performing such Services shall not Agreement No. 32600043
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ly interfere with the Services the Consultant shall perform for the City. The City retains the right to provide general instructions to and observe the Consultant in the performance of all Services done on behalf of the City.
Consultant and its employees, subconsultants, and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. Consultant and its employees are not employees of City. Consultant and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long- term disability and workers’ compensation insurance benefits. Consultant shall not, at any time or in any manner, represent that it or any of its agents, subconsultants, or employees are in any manner agents, subconsultants, or employees of City.
17. LAWFUL PERFORMANCE. Consultant shall abide by all federal, state, and local laws and regulations as may be related to the performance of duties under this Agreement. Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of Services under this Agreement.
18. SAFETY REQUIREMENTS. Consultant shall not perform any Services for the City when the Consultant is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the City’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The City reserves the right to issue restraining or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of Consultant 's work by City shall not operate as a release of the Consultant from such standard of care and workmanship.
19. STANDARD OF PERFORMANCE; WARRANTY. Consultant agrees to perform all Services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar Services under similar conditions in the same or similar locality. Such Services shall also be performed in a manner which is reasonably satisfactory to City Project Manager, or designee (hereinafter the “Project Agreement No. 32600043
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, provided that discretion in determining what is satisfactory shall not alter the foregoing standard of care.
A. In accordance with the standard of care set forth in the first sentence of Section 19, the Consultant agrees that it:
(1) Has thoroughly reviewed and considered the services and work to be performed; and
(2) Has reviewed the issues regarding the Scope of Services to be provided; and
(3) Has carefully considered how the services and related work should be performed; and
(4) Fully understands the facilities, difficulties and restrictions ass ociated with performance of the services required by this Agreement.
20. OWNERSHIP OF CONSULTANT’S WORK PRODUCT, CONFIDENTIALITY & DISCLOSURE, RECORDS & WARRANTY. City shall be the owner of any and all technical documents and records, including, computations , plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by Consultant in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by City.
A. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the Consultant pursuant to or in connection with this Agreement shall be the exclusive property of the City.
B. Deliverables. Consultant shall deliver to the City the studies, plans, specifications, or other documents as are identified in the Scope of Services; and Consultant shall, upon completion of all work or termination of this Agreement, submit to the City all information developed in the course of the Consultant 's services. Consultant shall, in such time and in such form as the City may require, furnish reports concerning the status of Services required under this Agreement. Consultant shall, upon request by City and upon completion or termination of this Agreement, deliver to the City all material furnished to Consultant by the City.
C. Records and Inspections. The Consultant shall maintain full and accurate records, with respect to all Services and matters covered under this Agreement. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
The City shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the Agreement No. 32600043
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o make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.
D. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the City or information belonging to a third party whose information is in the City’s possession or control under obligations of confidentiality. Consultant may be granted access to information that is exempt from disclosure to the public (Government Code Section 7920.505) and may contain “trade secrets” (see Government Code Section 7924.510(f)) when it is necessary for Consultant to perform its obligations pursuant to this Agreement. If Consultant is granted such access to confidential information, Consultant shall not be considered to be a member of the public as that term is used in Gover nment Code Section 7920.515.
E. Disclosure of Information. Consultant shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to Consultant by the City or other information to which the Consultant has had access during the term of this Agreement without the prior written approval of the City’s Designated Representative during the term of this Agreement and for a period of two (2) years af ter the termination of this Agreement.
F. No Warranty. Other than an obligation upon the City to deal in good faith, the City makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by Consultant in reliance on any Confidential Information disclosed under this Agreement.
21. NOTICE OF BREACH AND OPPORTUNITY TO CURE. Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party. The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non-breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section 22.
22. NOTICE. All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first-class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above Agreement No. 32600043
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on 7. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.
23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE. Except as set forth in Subsection A of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs , and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.
A. The provisions of this Subsection apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. (1) Notwithstanding the provisions of Section 23 above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement.
(2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference. Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees
B. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required Agreement No. 32600043