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.gov.
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.
Agenda Item Time Estimates include: (Minutes for Presentation + Council Discussion + Public Comment)
AGENDA
OXNARD CITY COUNCIL
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY
OXNARD FINANCING AUTHORITY
OXNARD HOUSING AUTHORITY
Meeting Location: Council Chambers, 305 West Third Street September 2, 2025
Regular Meeting - 6:00 PM
Zoom details to call-in for public comment during a meeting:
1. Dial Phone Number: (888) 475-4499
2. Enter Meeting ID: 862 9921 7035
3. Passcode: 261695
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom call-in steps listed above. Once the presiding officer calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room. Press *6 when asked to unmute. Listen to the instructions provided virtually on the phone while on hold in the zoom waiting room. Please note that there is a slight time delay when viewing the meeting via television.
IN ACCORDANCE WITH ASSEMBLY BILL 2449, MEMBERS OF THE LEGISLATIVE BODY MAY MEET IN- PERSON OR REMOTELY. TO PARTICIPATE REMOTELY VISIT WWW.OXNARD.GOV.
To find out how you may provide public comment, please refer to the instructions below or at www.https://www.oxnard.org/city-meetings/.
The public may view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews.
Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/city- meetings.
*Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.
YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:
1. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.
2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING
a. Submit a request to speak remotely by 3:00 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
b. Submit an email to [email protected] by 3:00 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the legislative body prior to the start of the meeting and made part of the legislative record.
c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.
1 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY September 2, 2025 PAGE 2
3. PROVIDE PUBLIC COMMENT REMOTELY DURING THE MEETING
a. Follow Zoom details listed above.
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.
Please review the Zoom instructions on the registration page to help ensure there are no technical difficulties during your comments and help you understand public comment procedures using Zoom. Detailed participation instructions can be found at www.oxnard.org/city-meetings.
In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call-in option or internet-based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored.
A. ROLL CALL, POSTING OF AGENDA
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council
CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449
B. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.
C. 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.
D. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
The City Manager/Executive Director/Secretary shall report on items of interest to the legislative body occurring since the last meeting. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion.
E. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY
BUSINESS/COMMITTEE REPORTS
At this time, a member of the legislative body may make a brief announcement, or make a brief report on his or her activities. Further, members of the legislative body may request to schedule consideration of whether to place an item on a future agenda. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. The member's report shall not exceed three minutes, unless additional time is granted by the presiding officer.
2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY September 2, 2025 PAGE 3
1. City Attorney Department
SUBJECT: Adoption of Resolution Supporting Polluters Pay Climate Superfund Act RECOMMENDATION: That the City Council Adopt a Resolution Supporting the Polluters Pay Climate Superfund Act.
(This item did not originate in Committee)
Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483
F. REVIEW OF INFORMATION/CONSENT AGENDA
The members of the legislative body will consider whether to remove Information/Consent Agenda items for discussion later during the meeting.
G. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
At this time, a person may address the legislative body only on matters appearing on the information/consent agenda. The presiding officer shall limit public comments to three minutes.
H. INFORMATION/CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the City Council approve the regular meeting minutes for July 29, 2025 and the special City Council meeting minutes for August 4, 2025.
Legislative Body: City Council
Contact: Luly Lopez, (805) 385-7805
2. City Clerk Department
SUBJECT: Candidate Processing Fee Ordinance.
RECOMMENDATION: That the City Council adopt Ordinance 3068 titled: "ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA, ADDING SECTION 1-52 TO CHAPTER 1 ARTICLE
IV OF THE OXNARD CITY CODE ESTABLISHING A CANDIDATE PROCESSING FEE FOR
THE FILING OF NOMINATION PAPERS PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10228"
(This item did not originate in Committee.)
Legislative Body: City Council
Contact: Luly Lopez, Stephen Fischer, (805) 385-7805, (805) 385-7483
3. Finance Department
SUBJECT: Monthly Investment Report for the period ending June 30, 2025.
RECOMMENDATION: This is an information item for the City Council to receive and file.
(This item did not originate in Committee)
Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, (805) 200-5400
3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY September 2, 2025 PAGE 4
4. Public Works Department
SUBJECT: Agreement 32600022 with Parkhouse Tire Service, Inc. dba Parkhouse Tire, Inc. for Tire Retreading and Repair Services.
RECOMMENDATION: 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.
(Public Works and Transportation Committee approved 3-0 on July 22, 2025)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
5. Public Works Department
SUBJECT: Agreement 32600066 with Eurofins Eaton Analytical, LLC for Lab Testing Services.
RECOMMENDATION: 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.
(Public Works and Transportation Committee approved 3-0 on July 22, 2025)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
6. Public Works Department
SUBJECT: Agreement 32600021 with Joseph Garcia DBA Casamar Group LLC for On-Call Labor Compliance Services.
RECOMMENDATION: 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.
(Public Works and Transportation Committee approved 3-0 on July 22, 2025)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
7. Public Works Department
SUBJECT: Agreement 32600043 with Arborpro Inc. for Urban Forestry Services.
RECOMMENDATION: 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.
(Public Works and Transportation Committee approved 3-0 on July 22, 2025) 4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY September 2, 2025 PAGE 5
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
8. Public Works Department
SUBJECT: Information Technology Software Agreement 32600028 with Paradigm Software for Software for Scale House Operations for the Environmental Resources Division.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Information Technology Software Agreement with Paradigm Software for a total amount not to exceed $504,325.98 for a term of five years ending September 30, 2030.
(Public Works and Transportation Committee approved 3-0 on July 22, 2025)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
I. REPORTS
1. Public Works Department
SUBJECT: Agreement 32600038 with AECOM for Engineering Services During Construction. (10 minutes)
RECOMMENDATION: That the City Council approve and authorize:
1. The Mayor to execute an Agreement with AECOM Technical Services, Inc. (AECOM) for a term of one year and four months from September 3, 2025, to December 31, 2026, for a total amount not to exceed $835,335 for Engineering Services During Construction for the Wastewater Reliability Improvements Project; and
2. A budget appropriation of $835,335 from the available fund balance in the Wastewater Operating Fund (611) and the corresponding appropriation and revenue transfer in the Wastewater Capital Fund (612).
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/VUhIiLS6MN4
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
2. Public Works Department
SUBJECT: Construction Contract Increase for Agreement 32500358 with At Your Service Construction & Energy, Inc., for Restroom Improvement Project - College Estates Park, Specification No. PW 23-28. (10 minutes)
RECOMMENDATION: That the City Council approve and authorize additional project contingency funds in the amount of $10,000.00 to Agreement 32500358 with At Your Service Construction & Energy, Inc. for a new not-to-exceed contract value of $429,980.00 for the Restroom Improvement Project - College Estates Park, Specification No. PW 23-28. 5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY September 2, 2025 PAGE 6
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/BOuY4cWWD3w
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
J. ADJOURNMENT
6 CITY COUNCIL AGENDA REPORT
CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR
AGENCY/FINANCING AUTHORITY
BUSINESS/COMMITTEE REPORTS
AGENDA ITEM NO. E.1
DATE: September 2, 2025
TO: City Council
FROM: Stephen Fischer, City Attorney, (805) 385-7483, [email protected]
SUBJECT: Adoption of Resolution Supporting Polluters Pay Climate Superfund Act
RECOMMENDATION
That the City Council Adopt a Resolution Supporting the Polluters Pay Climate Superfund Act.
(This item did not originate in Committee)
BACKGROUND
The effects of climate change are driving fires, floods, droughts, and extreme heat that put Californians at risk and strain city budgets. Just earlier this year, in January 2025, over 12,000 homes, businesses, and institutions burned in Los Angeles and Ventura Counties. Thirty lives were lost, tens of thousands evacuated, and the destruction is estimated to cost Californians $250 billion.
AB 1243 and SB 684, the Polluters Pay Climate Superfund Act (“Act”), are companion bills that aim to hold fossil fuel companies accountable for the damages caused by their emissions by shifting the financial burden of climate change impacts from taxpayers and communities to the companies responsible for greenhouse gas emissions.
Either bill, if enacted, would establish the Polluters Pay Climate Superfund Program (“Superfund Program”) to be administered by the California Environmental Protection Agency (“CalEPA”) to require fossil fuel polluters to pay their fair share of the damage caused by greenhouse gases released into the atmosphere between 1990 and 2024. Within three months of taking effect, the legislation would require CalEPA to measure past and future climate costs to communities, ecosystems, and infrastructure every five years through 2045, based on peer-reviewed science. Each identified fossil fuel producer company would pay an annual fee in proportion to its share of the total damage amount into the established Superfund Program.
Revenue collected from the Superfund Program would support projects such as implementing wildfire prevention measures like home hardening, upgrading stormwater management systems to prevent flooding, and installing solar panels and energy storage systems to reduce energy costs and increase resilience during power outages, with at least 40 percent reserved for designated disadvantaged communities, which include nine communities in Oxnard.
Cities including Albany, Berkeley, Los Angeles, Port Hueneme, Richmond, San Diego, and the County of Santa Cruz have adopted resolutions in support of the Act. SB 684 has been amended in the Senate in March 2025, and no hearing has been held yet. The author, Senator Menjivar, will need to request that the bill be set for a Senate policy committee hearing and a Senate appropriations Committee before the end of January 2026 to stay alive for the 2-year session. AB 1243 missed the deadline to pass out of the policy committee and cannot move further this year.
STRATEGIC PRIORITIES
7 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.
COMMITTEE OUTCOME
This item did not originate in Committee, as it has external deadlines. Staff made the determination to bypass committee per Resolution 15,286.
Prepared by: Stephen Fischer, City Attorney, Jason Zaragoza, Deputy City Attorney, Mira Saleh, Deputy City Attorney
ATTACHMENTS
1. Resolution in support of Polluters Pay Climate Superfund Act.
8 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD IN SUPPORT OF CALIFORNIA STATE SENATE BILL 684 AND ASSEMBLY BILL 1243: POLLUTERS PAY CLIMATE SUPERFUND ACT
WHEREAS, climate change, resulting primarily from the combustion of fossil fuels, poses harmful effects, including more frequent and severe wildfires, extreme heat, intensified coastal erosion, sea level rise, and flooding that threaten public safety, property, and critical infrastructure; and
WHEREAS, peer-reviewed research has determined with great accuracy the share of carbon dioxide and methane released into the atmosphere by the operations and products of specific fossil fuel companies; and
WHEREAS, local governments and taxpayers are bearing immense and mounting costs of rebuilding from damage caused by climate change, increased insurance premiums, property taxes, and utility bills. State and local budgets are impacted as climate risks rise, jeopardizing public services, and forcing communities to carry the burden to address climate-related emergencies; and
WHEREAS, currently pending before both houses of the State Legislature are two companion bills, Assembling Bill 1243 and Senate Bill 684, which seek to create the Polluters Pay Climate Superfund Act of 2025; and
WHEREAS, the bills would establish the Polluters Pay Climate Superfund Program (Program) to be administered by the California Environmental Protection Agency and require the largest fossil fuel polluters to pay for environmental and health damages suffered by Californians as a result of their emissions; and
WHEREAS, revenue from the Program will fund coastal-protection, grid and micro-grid resilience, wildfire-smoke filtration, extreme-heat mitigation, and green-workforce programs, with at least 40 percent reserved for designated disadvantaged communities as defined by the California Office of Environmental Health and Hazard Assessment Agency, which include nine communities in Oxnard comprising approximately 48,725 Oxnard residents; and
WHEREAS, the City of Oxnard supports the Act because it would shift the financial burden of climate recovery from California taxpayers to the corporations that have profited from the fossil fuel industry.
NOW, THEREFORE, the City Council of the City of Oxnard resolves that the City Council formally expresses support for California State Senate Bill 684 and Assembly Bill 1243, Polluters Pay Climate Superfund Act, and the benefit that it provides for our community’s safety.
9 PASSED AND ADOPTED THIS ______ day of _________________, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Luis A. Mc Arthur, Mayor
ATTEST:
Lourdes A. López, City Clerk
APPROVED AS TO FORM:
Stephen M. Fischer, City Attorney
10 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. H.1
DATE: September 2, 2025
TO: City Council
FROM: Luly Lopez, City Clerk, (805) 385-7805, [email protected]
SUBJECT: Approval of Minutes.
RECOMMENDATION
That the City Council approve the regular meeting minutes for July 29, 2025 and the special City Council meeting minutes for August 4, 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.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Luly Lopez, City Clerk
ATTACHMENTS
1. City Council meeting of July 29 2025
2. City Council meeting August 4 2025 special meeting
11 MINUTES
OXNARD CITY COUNCIL
Regular Meeting
July 29, 2025
A. ROLL CALL, POSTING OF AGENDA
At 4:30 p.m., Mayor Luis A. Mc Arthur presided and called to order the regular meeting of the Oxnard City Council convened in the Council Chambers at 305 West Third Street, Oxnard, California. Councilmembers Luis A. Mc Arthur; Bert E. Perello; Michaela Perez; Gabriela Rodriguez; Aaron Starr and Gabriel Teran were present. The City Clerk stated that the agenda was posted on Thursday, July 17, 2025 at the Library, City Hall kiosk, City Administrative Offices and on the website.
Staff members present were Alexander Nguyen, City Manager, Ashley Golden, Assistant City Manager; Stephen Fischer, City Attorney; Michelle McCarron, Assistant City Attorney; and Lourdes A. López, City Clerk.
CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449
B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
No public comments were received. At 4:32 p.m., the City Council recessed to a closed session. At 4:34 p.m., Councilwoman Gabriela Basua was present.
C. CLOSED SESSION (4:30 PM)
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Government Code section 54956.9(d)(1))
Name of case: OPV Coalition; et al. v. Fox Canyon Groundwater Management Agency; et al.
Santa Barbara Superior Court Case No. VENCI00555357
Legislative Body: City Council
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Government Code section 54956.9(d)(1))
Name of case: City of Oxnard v. County of Ventura, et al.
Ventura County Superior Court Case No. 2025CUWM040058
Legislative Body: City Council
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Government Code section 54956.9(d)(1))
Name of case: Joan Johnson v. City of Oxnard
Ventura County Superior Court Case No. 56-2022-00566064-CU-OE-VTA Legislative Body: City Council
12 JULY 29, 2025 OXNARD CITY COUNCIL PAGE 2
At 6:06 p.m., the City Council reconvened in an open session in the Council Chambers.
The City Attorney announced that no reportable actions resulted from the closed session.
D. OPENING CEREMONIES (6:00 PM)
At 6:07 p.m., Mayor Luis A. Mc Arthur presided and called to order the regular meeting of the Oxnard City Council concurrently with the Oxnard Financing Authority in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. Councilmembers Gabriela Basua, Luis A. Mc Arthur, Bert E. Perello, Michaela Perez; Gabriela Rodriguez, Aaron Starr and Gabriel Teran were present. The City Clerk stated that the agenda was posted on Thursday, July 17, 2025 at the Library, City Hall kiosk, City Administrative Offices and on the website.
The meeting opened with the pledge of allegiance to the flag of the United States, followed by a moment of silence in honor of Rev. Edgar Mohorko, Jaime Alanis Garcia and the recent shootings in the east coast.
Staff members present were Alexander Nguyen, City Manager; Ashley Golden, Assistant City Manager; Stephen Fischer, City Attorney; Kenneth Rozell, Chief Assistant City Attorney; Andrew Gonzalez, Deputy City Attorney; Jason Zaragoza, Assistant City Attorney; Javier Chagoyen-Lázaro, Chief Financial Officer; Andrew Dickinson, Code Compliance Manager; Joe Pearson, Planning Manager; Juan Carlos Torres, Associate Planner and Lourdes A. López, City Clerk.
E. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA AND NON-ACTION ITEMS
At 6:11 p.m. the City Council voted to continue with Items Not on the Agenda and Non- Action Items past the 30 minutes allotted.
It was moved by Councilman Starr, seconded by Mayor Pro Tem Teran, to suspend the rules to allow the Council to accept speakers past the allotted thirty minutes. VOTE:
Perello, Perez, Rodriguez, Starr, Teran, Basua and Mc Arthur voted in favor; the motion carried 7-0.
Public comments were received from Martina Gallegos; Sarah; Alyssa Ellis; Gloria Soto; Deborah Baber; Alex Mantanona; Melissa Muñoz; Eric Burschinger; Claudia; Heather Naxu Luhn; Noemi Tungüi; Jorge Toledano; Doug Partello; Juan Carlos Diaz; Alondra Mendoza; Vanessa Teran; Primitiva Hernandez; Paul H. Johnson; Kitty Merrill; Lori Mills; Christian Mills; James A. Merrill; Rebecca Martin; Delfino Lopez-Rovas; caller ending 7620; Nicholas Bednarski; Alexis Schmidt; David Goodman; Vanessa Frank; Cynthia Salas; Vanessa Valdez; Elidet Reyes Bordon; Odette Moran; Susie Valencia; Teresa Bonham; Michael S. Koslow; Karla Alejandra; Sheryl Hall; Christine Brown; Lilia Ruvalcaba; Alex Auclair; Angie Jimenez; Julia Malach; KC Rodriguez; Gina L.; Leonard Castillo; Carson Acosta; Ivan Vega; Channon P.; Arthur Valenzuela, Jr.; Greg Runyon; Willie Lubka; Roni Miranda; Tish Chafee; Viv Barajas and caller ending 7620. 13 JULY 29, 2025 OXNARD CITY COUNCIL PAGE 3
Written comments were received from: Heather Schmidt; Andrea Ramos; Shannon Anderson; Herrera family; Sue Williamson, Susana Barron and Valeria Resendiz.
RECESS
At 9:01 p.m., the City Council recessed and at 9: 15 p.m., the City Council reconvened.
F. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
G. CITY COUNCIL BUSINESS/COMMITTEE REPORTS
The members of the Council provided brief announcements regarding various activities;
Councilwoman Perez requested that staff develop a resolution to support the Polluters Pay Climate Superfund Action of 2025 to be agendize and presented at the next City Council meeting in September
It was moved by Mayor Pro Tem Teran, seconded by Councilwoman Rodriguez, to extend the meeting past 10:00 p.m. VOTE: Mc Arthur, Perello, Perez, Rodriguez, Starr, Teran and Basua voted in favor; the motion carried 7-0.
H. REVIEW OF INFORMATION/CONSENT AGENDA
Item Nos. J-2, J-3 and J-5 were reviewed and discussed among the Council and staff.
I. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
No public comments were received.
J. INFORMATION/CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the City Council approve the minutes of the July 1 and 15, 2025 regular meetings as presented.
2. City Attorney Department
SUBJECT: Disposal of Confiscated, Impounded And Unclaimed Property Ordinance.
RECOMMENDATION: That the City Council adopt Ordinance 3066 titled:
“ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA, AMENDING
ARTICLE III OF CHAPTER 7 OF THE OXNARD CITY CODE REGARDING 14 JULY 29, 2025 OXNARD CITY COUNCIL PAGE 4
DISPOSAL OF CONFISCATED, IMPOUNDED AND UNCLAIMED
PROPERTY.”
(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on June 24, 2025.)
3. City Attorney Department
SUBJECT: Prohibition of Nitrous Oxide Ordinance.
RECOMMENDATION: That the City Council adopt Ordinance 3065 titled:
“ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA, ADDING
ARTICLE XXVII TO CHAPTER 7 TO THE OXNARD CITY CODE
PERTAINING TO THE PROHIBITION OF NITROUS OXIDE.”
(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on June 24, 2025.)
4. City Attorney Department
SUBJECT: Regulation of Skateboard Parks Ordinance.
RECOMMENDATION: That the City Council adopt Ordinance No. 3067 titled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD ADDING ARTICLE XXVIII TO CHAPTER 7 OF THE OXNARD CITY CODE PERTAINING TO THE REGULATION OF CITY SKATEBOARD PARKS."
(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on June 24, 2025.)
5. Community Development Department
SUBJECT: Casa de Carmen/Oxnard Navigation Center Public Open Space Agreement (A-8596).
RECOMMENDATION: That the City Council approve and authorize the City Manager to execute a Public Plaza Operations Agreement between the City and 2nd & B LP for the provision of public open space for the Casa de Carmen project located at 241 West Second Street, Oxnard, CA.
(This item did not originate in Committee)
6. Finance Department
SUBJECT: Monthly Report and Accounting of All Receipts, Disbursements and Fund Balances.
RECOMMENDATION: That the City Council receive and file this report and accounting of all receipts, disbursements, and fund balances for the month of May 2025.
(This item did not originate in Committee)
15 JULY 29, 2025 OXNARD CITY COUNCIL PAGE 5
7. Public Works Department
SUBJECT: Public Project Agreement 32600050 with Rainy Day Roofing for River Ridge Golf Course Clubhouse Roof Replacement (Rebid-2), Specification No. PW 24-79R2.
RECOMMENDATION: That the City Council approve and authorize:
1. A total of $998,425.15 in Project funds for the River Ridge Golf Course Clubhouse Roof Replacement (Rebid-2), Specification No. PW 24-79R2;
2. The Mayor to Execute an Agreement with Rainy Day Roofing in the amount of $768,019.15 for the Project and approve a Project contingency amount of $153,604 (~20%) with Rainy Day Roofing for a total not to exceed value of $921,623.15 for the Project; and
3. A Project allocation amount of $76,802 (~10%) for engineering, inspection, survey, and project management (EISPM) for the Project. (This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
Consent Item Nos. J-1, J-4, J-6 and J-7
It was moved by Councilmember Perello, seconded by Mayor Pro Tem Teran, to approve the Information/Consent items as presented. VOTE: Mc Arthur, Perello, Perez, Rodriguez, Starr, Teran and Basua voted in favor; the motion carried 7-0.
Consent Item No. J-2
Deputy City Attorney Gonzalez presented and was available to answer questions.
Discussion ensued among the Council and staff. No public comments were received.
It was moved by Councilmember Perello, seconded by Councilwoman Rodriguez, to approve Information/Consent Item J-2 as presented. VOTE: Perello, Perez, Rodriguez, Starr, Teran, Basua and Mc Arthur voted in favor; the motion carried 7-
0. Consent Item No. J-3
Deputy City Attorney Gonzalez presented and was available to answer questions.
Discussion ensued among the Council and staff. No public comments were received.
It was moved by Councilwoman Rodriguez, seconded by Councilmember Perello, to approve Information/Consent Item J-3 as presented. VOTE: Perez, Rodriguez, Teran, Basua, Mc Arthur and Perello voted in favor; the motion carried 6-1 with Councilman Starr voting no.
16 JULY 29, 2025 OXNARD CITY COUNCIL PAGE 6
Consent Item No. J-5
Planning Manager Pearson presented and was available to answer questions.
Discussion ensued among the Council and staff. No public comments were received.
It was moved by Councilwoman Basua, seconded by Councilmember Perello, to approve Information/Consent Item J-5 as presented. VOTE: Rodriguez, Starr, Teran, Basua, Mc Arthur, Perello and Perez voted in favor; the motion carried 7-0.
K. PUBLIC HEARINGS
1. Community Development Department
SUBJECT: Subdivision to combine three existing lots into one lot (1.3-acre parcel), vacating existing easements and right of way, and granting of new easements to the City of Oxnard to allow for adaptive reuse of an existing development into a 20-unit apartment complex, located at 2929-2931 Albany Drive (APN Nos: 221-0-061-035 & 221-0-061-195). (20 minutes)
RECOMMENDATION: That the City Council:
1. Conduct a public hearing regarding the property located at the intersection of Channel Islands Boulevard and Albany Drive; and
2. Find the project to be Exempt from the California Environmental Quality Act (CEQA), pursuant to Sections 15315 and 15332 (Minor Land Division & In-fill Development Projects) of the CEQA Guidelines; and,
3. Adopt Resolution No. 15,999 approving Planning and Zoning Permit No. 24-300-03 for a Tentative Subdivision Map subject to required findings and conditions of approval.
(This item did not originate in Committee.)
The City Clerk announced the affidavit of publication published in Vida Newspaper on July 17, 2025 and stated there was one written communication received from Nicholas Eckenwiler with California Defense Fund.
Councilmembers reported on the ex parte communications received on this item.
The Planning Manager Pearson and Associate Planner Torres were available to answer questions. Discussion ensued among the Council and staff.
Mayor Mc Arthur opened the public testimony portion of the public hearing.
No public comments were received.
Without objection, the Council approved closing the public testimony portion of the public hearing.
17 JULY 29, 2025 OXNARD CITY COUNCIL PAGE 7
Discussion ensued among the Council and staff.
It was moved by Councilwoman Basua, seconded by Mayor Pro Tem Teran, to approve the recommended action. VOTE: Starr, Teran, Basua, Mc Arthur, Perello, Perez and Rodriguez voted in favor; motion carried 7-0.
2. Community Development Department
SUBJECT: One lot subdivision of an approximately 3.21-acre lot for 22 industrial condominium purposes, located at 2360-2364 Sturgis Road (APN:216-0-194-215 ). (20 minutes)
RECOMMENDATION: That the City Council:
1. Conduct a public hearing regarding the property located at 2360-2364 Sturgis Road; and
2. Find the project to be Categorically Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301(k) (Existing Facilities); and
3. Adopt Resolution No. 16,000 approving Planning and Zoning Permit No. 24-300-02 for a Tentative Subdivision Map (Tentative Parcel Map No. 24- 300-02), subject to certain findings and conditions.
(This item did not originate in Committee.)
At 10:26 p.m. Councilman Starr recused himself and left the dais because he works for Haas Automation. He stated that the beneficial owner of Haas Automation is also the majority owner of another entity that owns property at the southeast corner of Rice Avenue and Sturgis, approximately 790 feet from the project site. Moreover, the Fair Political Practices Commission indicated they cannot definitively advise whether participation would be permitted under the political reform act and that it would take no fewer than 21 working days for them to issue a formal opinion. So while he stated that he cannot imagine this decision would have a material financial effect on his employer, out of an abundance of caution, Councilman Starr recused himself from participating in or voting on this item to avoid any potential violation of conflict of interest laws.
The City Clerk announced the affidavit of publication published in Vida Newspaper on July 17, 2025 and stated there were no written communications received on this item.
Councilmembers reported on the ex parte communications received on this item.
The Planning Manager Pearson and Associate Planner Torres were available to answer questions.
Mayor Mc Arthur opened the public testimony portion of the public hearing. 18 JULY 29, 2025 OXNARD CITY COUNCIL PAGE 8
There were no public speakers.
Without objection, the Council approved closing the public testimony portion of the public hearing.
Discussion ensued among the Council and staff.
It was moved by Mayor Pro Tem Teran, seconded by Councilwoman Basua, to approve the recommended action. VOTE: Rodriguez, Teran, Basua, Mc Arthur, Perello and Perez voted in favor; motion carried 6-0-1 with Councilman Starr recusing himself due to a conflict of interest.
At 10:27 p.m., Councilman Starr was present.
L. REPORTS
1. Finance Department
SUBJECT: Authorizing the Issuance of 2025 Wastewater Revenue Refunding Bonds.
RECOMMENDATION: That the City Council:
a) Adopt Resolution No. 16,001 approving and authorizing the issuance and sale of 2025 Wastewater Revenue Refunding Bonds in an amount not to exceed $55,000,000; and
b) Authorizing execution of an Indenture of Trust; and c) Authorizing the execution of and approving related agreements required in connection therewith; and
d) Authorizing the taking of all other actions necessary to the consummation of the transaction contemplated by the resolution.
(Finance and Governance Committee approved 3-0 on June 24, 2025.) (Presentation will be live at the request of the consultant.)
The Chief Financial Officer introduced Greg Hill, Managing Principal with NHA Advisors and Kim Byrens with Best Best and Krieger, LLP (bond counsel) who presented and were available to answer questions. Discussion ensued among the Council and staff. No public comments were received.
It was moved by Councilmember Perello, seconded by Mayor Pro Tem Teran, to approve the recommended action. VOTE: Teran, Basua, Mc Arthur, Perello, Perez, Rodriguez and Starr voted in favor; motion carried 7-0.
2. City Attorney Department
SUBJECT: Candidate Processing Fee Ordinance. (10 minutes) 19 JULY 29, 2025 OXNARD CITY COUNCIL PAGE 9
RECOMMENDATION: That the City Council:
1. Approve the first reading by title only and waive further reading of an Ordinance No. 3068 titled:
"ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA, ADDING
SECTION 1-52 TO CHAPTER 1 ARTICLE IV OF THE OXNARD CITY CODE
ESTABLISHING A CANDIDATE PROCESSING FEE FOR THE FILING OF
NOMINATION PAPERS PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10228"; and
2. Authorize the City Clerk to process refunds to candidates who paid a $25 candidate processing fee since 2018, provided a written refund request is submitted to the City Clerk within one year of the ordinance’s effective date.
(This item did not originate in Committee.)
The City Attorney and Assistant City Attorney Zaragoza was available to answer questions. Discussion ensured among the Council and staff. Public comment was received from Ronald Arruejo.
It was moved by Councilman Starr, seconded by Mayor Mc Arthur, to direct the City Manager to administratively issue the $25 refunds to the 36 candidates owed with a letter. VOTE: Mc Arthur, Rodriguez, Starr and Teran voted in favor; motion carried 4-3 with Councilmembers Perello, Perez and Basua voting no.
It was moved by Councilwoman Rodriguez, seconded by Councilmember Perello, to approve Recommendation No. 1 as presented. VOTE: Perello, Perez, Rodriguez, Teran, Basua and Mc Arthur voted in favor; motion carried 6-1 with Councilman Starr voting no.
3. Finance Department
SUBJECT: FY 2025-26 General Fund Budget City Treasurer’s Department. (10 minutes)
RECOMMENDATION: That the City Council approve a budget appropriation in the amount of $72,818 from the General Fund (101) available fund balance to increase the City Treasurer’s annual budget from $409,182 to $482,000 for Fiscal Year 2025-26.
(This item did not originate in Committee)
The Chief Assistant City Attorney and Chief Financial Officer was available to answer questions. Discussion ensured among the Council and staff. No public comments were received. Transcript provided by Mayor Pro Tem.
20 JULY 29, 2025 OXNARD CITY COUNCIL PAGE 10
It was moved by Councilmember Perello, seconded by Councilwoman Perez, to approve the recommended action. VOTE: Mc Arthur, Perello, Perez, Rodriguez, Starr, Teran and Basua voted in favor; motion carried 7-0.
M. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Mc Arthur adjourned the meeting at 11:25 p.m.
________________________________ _____________________________ LOURDES A. LÓPEZ LUIS A. MC ARTHUR
City Clerk Mayor
21 MINUTES
OXNARD CITY COUNCIL
Special Meeting
August 4, 2025
A. ROLL CALL, POSTING OF AGENDA
At 1:01 p.m., Mayor Luis A. Mc Arthur presided and called to order the special meeting of the Oxnard City Council convened in the Council Chambers at 305 West Third Street, Oxnard, California. Councilmembers Gabriela Basua; Luis A. Mc Arthur; Bert E. Perello; Michaela Perez; Gabriela Rodriguez; Aaron Starr and Gabriel Teran were present. The meeting opened with the pledge of allegiance to the flag of the United States. The City Clerk stated that the agenda was posted on Thursday, July 31, 2025 at the Library, City Hall kiosk, City Administrative Offices and on the website.
Staff members present were Alexander Nguyen, City Manager, Stephen Fischer, City Attorney; Kenneth Rozell, Chief Assistant City Attorney; Michelle McCarron, Assistant City Attorney; and Lourdes A. López, City Clerk.
CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449
B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
No public comments were received. At 1:03 p.m., the City Council recessed into a closed session.
C. CLOSED SESSION (1:00 PM)
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code section 54956.9(d)(4))
Based on existing facts and circumstances, the City Council shall decide whether to initiate litigation in one potential case.
Legislative Body: City Council
At 2:02 p.m., the City Council reconvened in an open session in the Council Chambers.
The City Attorney announced that by a vote of 5-1-1 with Councilmember Perello voting no and Councilman Starr abstaining, has directed the City Attorney to seek to intervene in the lawsuit titled “Pedro Vasquez Perdomo et al., v. Kristi Noem et al., filed in U.S. District Court for the Central District of California. The lawsuit that seeks to limit the federal government’s ability to enforce immigration laws in the City of Oxnard as well as cities in Los Angeles, Santa Barbara, Orange Counties and throughout the other counties in the Central District of California. This action will be made available upon its filing upon inquiry.
22 AUGUST 4, 2025 OXNARD CITY COUNCIL PAGE 2
D. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Mc Arthur adjourned the meeting at 2:04 p.m.
________________________________ _____________________________ LOURDES A. LÓPEZ LUIS A. MC ARTHUR
City Clerk Mayor
23 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. H.2
DATE: September 2, 2025
TO: City Council
FROM: Luly Lopez, City Clerk, (805) 385-7805, [email protected] Stephen Fischer, City Attorney, (805) 385-7483, [email protected]
SUBJECT: Candidate Processing Fee Ordinance.
RECOMMENDATION
That the City Council adopt Ordinance 3068 titled: "ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA, ADDING SECTION 1-52 TO CHAPTER 1 ARTICLE IV OF THE OXNARD CITY CODE ESTABLISHING A
CANDIDATE PROCESSING FEE FOR THE FILING OF NOMINATION PAPERS PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10228"
(This item did not originate in Committee.)
BACKGROUND
California Elections Code Section 10228 expressly authorizes cities to impose a filing fee for the processing of nomination papers. Any such fee must be proportionate to the cost of processing nomination papers, may not exceed twenty-five ($25) dollars, and must be established by ordinance.
Section 10228 reads:
"A filing fee proportionate to the costs of processing a candidate’s nomination papers or a candidate’s supplemental nomination papers filed pursuant to subdivision (b) of Section 10221 as determined by the city council and set by ordinance, but not exceeding twenty-five dollars ($25), may be imposed, to be paid upon the filing of the nomination papers."
On July 29, 2025, the City Council introduced an ordinance establishing the fee by a vote of 6-1, with Councilman Starr voting "no." If adopted on September 2, 2025, the ordinance will be effective 30 days thereafter.
STRATEGIC PRIORITIES
This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.
FINANCIAL IMPACT
Adoption of the ordinance will not result in any change to the existing candidate processing fee amount. The fee of twenty-five dollars ($25.00) has been in place since 2018 and is consistent with the maximum allowed under California Elections Code Section 10228. Revenue generated by the fee will continue to support cost recovery for election administration activities carried out by the City Clerk’s Office.
24 COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Jason Zaragoza, Deputy City Attorney, Luly Lopez, City Clerk
ATTACHMENTS
1. Candidate Processing Fee Ordinance
25 CITY COUNCIL OF THE CITY OF OXNARD
ORDINANCE NO. 3068
ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA, ADDING SECTION 1-52 TO CHAPTER 1 ARTICLE IV OF THE OXNARD CITY CODE ESTABLISHING A
CANDIDATE PROCESSING FEE FOR THE FILING OF NOMINATION PAPERS PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10228
WHEREAS, Section 10228 of the California Elections Code authorizes cities to impose a filing fee not to exceed twenty-five dollars ($25.00) to cover the cost of processing a candidate’s nomination papers, including supplemental nomination papers filed under subdivision (b) of Section 10221; and
WHEREAS, the City incurs administrative and staffing costs associated with the issuance, receipt, review, and processing of candidate nomination documents in connection with each municipal election; and
WHEREAS, the City Council finds that a candidate processing fee in the amount of twenty-five dollars ($25.00) is reasonably related to and does not exceed the actual costs incurred by the City in processing nomination papers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD DOES ORDAIN AS FOLLOWS:
Part 1. Chapter 1, Article IV, Section 1-52 is hereby added to the Oxnard City Code to read as follows:
“SEC. 1-52. CANDIDATE PROCESSING FEE
Pursuant to California Elections Code Section 10228, each candidate filing nomination papers, including any supplemental nomination papers, shall pay a non-refundable fee of twenty-five dollars ($25.00) to the city at the time the nomination papers are submitted. This fee is established to cover the cost of processing the nomination documents.”
Part 2. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional.
Part 3. Pursuant to California Government Code Section 36933(c)(1), the City Attorney was designated to prepare, and the City Clerk published, a summary of this ordinance, and a certified copy of the ordinance was posted in the Office of the City Clerk a minimum of five days before the City Council’s adoption of the ordinance.
26 Part 4. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36933. Ordinance No. 3068 was first read on July 29, 2025, and finally adopted on ____________, 2025 to become effective thirty days thereafter.
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________
Luis A. Mc Arthur, Mayor
ATTEST:
Lourdes A. López, City Clerk
APPROVED AS TO FORM:
Stephen M. Fischer, City Attorney
27 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. H.3
DATE: September 2, 2025
TO: City Council
FROM: Javier Chagoyen-Lazaro, Chief Financial Officer, (805) 200-5400, [email protected]
SUBJECT: Monthly Investment Report for the period ending June 30, 2025.
RECOMMENDATION
This is an information item for the City Council to receive and file.
(This item did not originate in Committee)
BACKGROUND
The City of Oxnard (City) invests funds in compliance with the California Government Code Section 53600 et. seq., and the City’s Investment Policy. This report follows the guidelines established in the California Government Code section 53646 and the City’s adopted Investment Policy.
DISCUSSION:
The City’s total cash and investment position as of June 30, 2025 was $502.9 million, with $27.2 million in cash accounts and $475.8 million in investments, as summarized in the table below.
28 Statutory Compliance:
All investment transactions have been executed in conformance with the City’s Investment Policy and the California Government Code. The table below represents the City’s investment portfolio as of June 30, 2025 by authorized investment and duration for a total portfolio amount of $475.8 million.
Portfolio Trends:
The cash and investment position, as of June 30, 2025, decreased by $17.3 million compared with the prior month. The decrease is driven by the funding of the 115 trusts for pension and OPEB and the additional discretionary payment to CalPERS to offset long term pension debt as approved by City Council. The trend for the cash and investment position is represented in the following chart.
The California Government Code and the City’s investment policy define the eligible investments that the City can purchase to allocate surplus funds. The table below summarizes the City’s investment portfolio by investment type. The individual investments included under each investment type are included as an attachment to this report.
29 The chart below represents the City’s investment portfolio classified by days until maturities from June 30, 2025. Pooled investments in LAIF and Ventura County Investment Pool provide immediate liquidity to support cash flow needs of the City, and are included in the maturity group 0 to 30 days.
The City’s average return on investment for the month of June was 3.13% LAIF average monthly effective yields for the same period was 4.26%. The City holds investments until maturity, and will evaluate reinvestment options based on market conditions and liquidity needs as those funds became available for investing in the upcoming months.
The next chart represents the City’s average return on investments, alongside with three-year Treasury bill and the LAIF Pooled Monthly Investment Account (PMIA) average Monthly Effective Yields, as benchmarks for the City’s portfolio.
STRATEGIC PRIORITIES
This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.
30 FINANCIAL IMPACT
There is no financial impact.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Javier Chagoyen-Lazaro, Chief Financial Officer
ATTACHMENTS
1. Monthly Investment Report-June 2025
2. Presentation June 2025 Investment Report
31 Investment report
for the month Ended in June 30, 2025
City of Oxnard
Javier Chagoyen‐Lazaro Date
Chief Financial Officer
City of Oxnard
Investments have been made in compliance with California Government Code and in accordance with the City's Investment Policy.
SYMPRO provides the market value for negotiable instruments held in safekeeping included in this report. For investments not held by the City's custodian, market values are obtained from individual monthly statements. Based on analysis of cash receipts, expenditures, and daily cash flows, it is projected that revenues and investment liquidity are sufficient to meet expenditure requirements for the next six months.
All Investment transactions have been exectured in accordance with the criteria stated in the City's Investment Policy (Resolution No. 15,186) adopted by the City Council held on July 2, 2024 07/21/2025
32 City of Oxnard
Cash and Investment Summary
Month Ended
June 30, 2025
Cash and Investment Position June 2025
Cash
Bank of America General Account 19,014,387.82 $
Bank of America Successor Agency Account 7,689,068.42
Bank of America Citations Account 458,874.45
Bank of America Golf Course Account ‐
Total Cash 27,162,330.69
Investments
Local Agency Investment Fund (LAIF) 75,000,000.00
Ventura County Investment Pool (VCIP) 51,727,582.70
Certificates
of Deposits ‐
Bank Notes ‐
Municipal Bonds ‐
Federal Agency ‐
Supra‐National Agency Bonds * ‐
Medium Term Notes * 26,926,587.51
U.S. Treasury Notes * 9,985,850.00
U.S. Government Sponsored Entities * 312,130,475.76
Total Investments 475,770,495.97
Total Cash and Investments 502,932,826.66 $
* Market Value
33 Investment Portfolio Detail
Fiscal Year 2024 ‐ 2025
June 1 ‐ June 30, 2025
CUSIP / Investment # Issuer Purchase Date Par Value Market Value Book Value Stated Rate Days to Maturity YTM/C Maturity Date Pooled Investments
County Investment Pool
VCIP Ventura County Investment Pool 51,727,582.70 51,727,582.70 51,727,582.70 4.51 1 4.51 Federal Agency Coupon Securities
31422XAS1 Farmer Mac 3/2/2021 1,000,000.00 976,462.00 1,000,000.00 0.61 244 0.61 3/2/2026 3133ERP70 Federal Farm Credit Bank 12/31/2024 10,000,000.00 10,112,360.00 9,989,757.62 4.25 909 4.294 12/27/2027 3133ERQ20 Federal Farm Credit Bank 12/31/2024 10,000,000.00 9,986,010.00 10,000,000.00 4.63 912 4.63 12/30/2027 3133ERT27 Federal Farm Credit Bank 1/16/2025 10,000,000.00 10,025,221.67 10,000,504.48 4.67 926 4.684 1/13/2028 3133ERN31 Federal Farm Credit Bank 1/16/2025 5,000,000.00 5,016,555.00 4,985,231.79 4.34 905 4.468 12/23/2027 3133ETJH1 Federal Farm Credit Bank 5/29/2025 5,000,000.00 5,007,590.00 5,000,000.00 4.6 1,428 4.6 5/29/2029 3133ENBK5 Federal Farm Credit Bank 10/20/2021 1,000,000.00 965,332.00 1,000,000.00 1.14 476 1.14 10/20/2026 3130AQKJ1 Federal Home Loan Bank 1/28/2022 1,000,000.00 965,522.00 1,000,000.00 1.7 576 1.7 1/28/2027 3130AQPD9 Federal Home Loan Bank 2/17/2022 1,000,000.00 969,215. 00 1,000,000.00 2 596 2 2/17/2027 3130AQPD9 Federal Home Loan Bank 2/17/2022 1,000,000.00 969,215. 00 1,000,000.00 2 596 2 2/17/2027 3130AQSM6 Federal Home Loan Bank 2/25/2022 1,000,000.00 969,644.00 1,000,000.00 2.05 604 2.05 2/25/2027 3130AQRH8 Federal Home Loan Bank 2/25/2022 1,000,000.00 968,873. 00 1,000,000.00 2 604 2 2/25/2027 3130AQRK1 Federal Home Loan Bank 2/25/2022 1,000,000.00 969,952.00 1,000,000.00 2.03 604 2.03 2/25/2027 3130AQYG2 Federal Home Loan Bank 2/28/2022 1,000,000.00 976,520.00 1,000,000.00 2.5 604 2.493 2/25/2027 3130AQX65 Federal Home Loan Bank 3/4/2022 2,000,000.00 1,945,238.00 2,000,000.00 2.25 611 2.25 3/4/2027 3130AQVH3 Federal Home Loan Bank 3/4/2022 1,000,000.00 971,857.00 1,000,000.00 2.2 611 2.2 3/4/2027 3130AQVH3 Federal Home Loan Bank 3/4/2022 1,000,000.00 971,857.00 1,000,000.00 2.2 611 2.2 3/4/2027 3130AQVH3 Federal Home Loan Bank 3/4/2022 1,300,000.00 1,263,414.10 1,298,693.50 2.2 611 2.264 3/4/2027 3130AQX65 Federal Home Loan Bank 3/4/2022 2,700,000.00 2,626,071.30 2,699,095.50 2.25 611 2.271 3/4/2027 3130AR2D2 Federal Home Loan Bank 3/10/2022 1,000,000.00 993,940.00 1,000,000.00 3.25 617 3.034 3/10/2027 3130ARAX9 Federal Home Loan Bank 3/30/2022 1,000,000.00 983,183. 00 1,000,000.00 3 632 3 3/25/2027 3130ARDV0 Federal Home Loan Bank 4/8/2022 1,000,000.00 983,183. 00 1,000,000.00 3 632 3 3/25/2027 3130ARZF1 Federal Home Loan Bank 5/9/2022 2,600,000.00 2,594,651.80 2,600,000.00 3.4 70 3.401 9/9/2025 3130ARYA3 Federal Home Loan Bank 5/26/2022 1,000,000.00 994,271. 00 1,000,000.00 4 694 4 5/26/2027 3130ARYA3 Federal Home Loan Bank 5/26/2022 1,000,000.00 994,271. 00 1,000,000.00 4 694 4 5/26/2027 3130ARYA3 Federal Home Loan Bank 5/26/2022 1,000,000.00 994,271. 00 1,000,000.00 4 694 4 5/26/2027 3130AS4F3 Federal Home Loan Bank 6/9/2022 2,000,000.00 1,988,610. 00 2,000,000.00 4 692 4 5/24/2027 3130AS4F3 Federal Home Loan Bank 6/9/2022 2,000,000.00 1,988,610. 00 2,000,000.00 4 692 4 5/24/2027 3130ASFQ7 Federal Home Loan Bank 6/29/2022 1,000,000.00 994,313. 00 999,900.28 4 728 4.006 6/29/2027 3130ASGP8 Federal Home Loan Bank 7/14/2022 2,000,000.00 1,999,792. 00 2,000,000.00 4.1 13 4.1 7/14/2025 3130ASF38 Federal Home Loan Bank 7/22/2022 1,000,000.00 995,263.00 1,000,000.00 4.1 751 4.1 7/22/2027 3130ASLA5 Federal Home Loan Bank 7/26/2022 1,000,000.00 997,717.00 1,000,000.00 4.5 755 4.5 7/26/2027 3130ASNN5 Federal Home Loan Bank 7/28/2022 1,000,000.00 997,139.00 1,000,000.00 4.375 757 4.375 7/28/2027 3130AYYJ9 Federal Home Loan Bank 2/15/2024 1,000,000.00 998,426.00 1,000,000.00 5 1,325 5 2/15/2029 3130B2ZR9 Federal Home Loan Bank 10/3/2024 2,500,000.00 2,484,170.00 2,500,000.00 4.05 815 0.56 9/24/2027 3130B33X9 Federal Home Loan Bank 10/18/2024 7,000,000.00 6,949,089.00 6,989,480.46 4.5 1,561 4.539 10/9/2029 34 Investment Portfolio Detail
Fiscal Year 2024 ‐ 2025
June 1 ‐ June 30, 2025
CUSIP / Investment # Issuer Purchase Date Par Value Market Value Book Value Stated Rate Days to Maturity YTM/C Maturity Date 3130B3UC5 Federal Home Loan Bank 11/26/2024 5,755,000.00 5,749,883.81 5,754,539.81 4.7 871 4.704 11/19/2027 3130APN43 Federal Home Loan Bank 12/31/2024 10,000,000.00 9,793,060.00 9,747,901.40 2.25 483 4.25 10/27/2026 3130B4B42 Federal Home Loan Bank 12/31/2024 10,000,000.00 9,989,340.00 9,995,839.55 4.625 905 4.643 12/23/2027 3130B6EY8 Federal Home Loan Bank 5/29/2025 5,000,000.00 5,008,872.78 5,003,792.69 4.4 1,056 4.403 5/22/2028 3130B6J98 Federal Home Loan Bank 5/28/2025 5,000,000.00 4,997,970.00 5,001,622.76 4.5 1,053 4.511 5/19/2028 3130B6HM1 Federal Home Loan Bank 5/29/2025 5,000,000.00 5,003,510.00 5,000,000.00 4.52 1,428 4.52 5/29/2029 3130AKLL8 Federal Home Loan Bank 12/30/2020 2,000,000.00 1,962,430.00 2,000,000.00 0.5 182 0.5 12/30/2025 3130AKN36 Federal Home Loan Bank 1/20/2021 2,000,000.00 1,958,452.00 2,000,000.00 0.525 198 0.525 1/15/2026 3130AKNK8 Federal Home Loan Bank 1/20/2021 5,000,000.00 4,941,000.00 5,000,000.00 0.5 111 0.5 10/20/2025 3130AKNK8 Federal Home Loan Bank 1/20/2021 1,000,000.00 988,200.00 1,000,000.00 0.5 111 0.5 10/20/2025 3130AKQ74 Federal Home Loan Bank 1/22/2021 5,000,000.00 4,898,370.00 5,000,000.00 0.625 205 0.625 1/22/2026 3130AKMD5 Federal Home Loan Bank 1/26/2021 5,000,000.00 4,893,060.00 4,999,715.28 0.5 209 0.51 1/26/2026 3130AKNR3 Federal Home Loan Bank 1/26/2021 1,000,000.00 979,583.00 1,000,000.00 0.56 209 0.56 1/26/2026 3130AKU61 Federal Home Loan Bank 1/27/2021 5,000,000.00 4,900,705.00 5,000,000.00 0.75 210 0.609 1/27/2026 3130AKU61 Federal Home Loan Bank 1/27/2021 5,000,000.00 4,900,705.00 5,000,000.00 0.75 210 0.609 1/27/2026 3130AKQX7 Federal Home Loan Bank 1/28/2021 2,000,000.00 1,960,002.00 2,000,023.00 0.7 211 0.698 1/28/2026 3130AKRN8 Federal Home Loan Bank 1/28/2021 2,000,000.00 1,959,180.00 2,000,000.00 0.65 211 0.65 1/28/2026 3130AKQX7 Federal Home Loan Bank 1/28/2021 5,000,000.00 4,900,005.00 5,000,000.00 0.7 211 0.7 1/28/2026 3130AKQ82 Federal Home Loan Bank 1/28/2021 1,500,000.00 1,469,254.50 1,500,000.00 0.6 211 0.6 1/28/2026 3130AKPN0 Federal Home Loan Bank 1/29/2021 2,000,000.00 1,957,792.00 2,000,000.00 0.6 212 0.6 1/29/2026 3130AKVN3 Federal Home Loan Bank 1/29/2021 1,000,000.00 978,443.00 1,000,000.00 0.52 212 0.52 1/29/2026 3130AKVQ6 Federal Home Loan Bank 1/29/2021 1,000,000.00 987,235.00 1,000,000.00 0.47 120 0.47 10/29/2025 3130AKWD4 Federal Home Loan Bank 2/9/2021 1,000,000.00 979,997.00 1,000,000.00 0.75 223 0.539 2/9/2026 3130AKWD4 Federal Home Loan Bank 2/9/2021 1,000,000.00 979,997.00 1,000,000.00 0.75 223 0.54 2/9/2026 3130AKTJ5 Federal Home Loan Bank 2/9/2021 2,000,000.00 1,955,160.00 2,000,000.00 0.54 223 0.54 2/9/2026 3130AKVA1 Federal Home Loan Bank 2/9/2021 2,000,000.00 1,959,994.00 2,000,000.00 0.75 223 0.564 2/9/2026 3130AKVR4 Federal Home Loan Bank 2/12/2021 1,000,000.00 978,009.00 1,000,000.00 0.55 226 0.55 2/12/2026 3130AL7M0 Federal Home Loan Bank 2/24/2021 2,000,000.00 1,954,554.00 1,999,352.78 0.625 238 0.676 2/24/2026 3130AKXJ0 Federal Home Loan Bank 2/24/2021 1,000,000.00 976,590.00 999,896.44 0.6 238 0.616 2/24/2026 3130AKXJ0 Federal Home Loan Bank 2/24/2021 5,000,000.00 4,882,950.00 4,999,482.22 0.6 238 0.616 2/24/2026 3130AKXJ0 Federal Home Loan Bank 2/24/2021 3,000,000.00 2,929,770.00 3,000,000.00 0.6 238 0.6 2/24/2026 3130AKXJ0 Federal Home Loan Bank 2/24/2021 1,000,000.00 976,590.00 999,935.28 0.6 238 0.61 2/24/2026 3130AKXJ0 Federal Home Loan Bank 2/24/2021 1,000,000.00 976,590.00 999,935.28 0.6 238 0.61 2/24/2026 3130ALCB8 Federal Home Loan Bank 2/24/2021 1,000,000.00 978,110.00 1,000,000.00 0.68 238 0.68 2/24/2026 3130AL7M0 Federal Home Loan Bank 2/24/2021 1,000,000.00 977,277.00 999,935.28 0.625 238 0.635 2/24/2026 3130ALFS8 Federal Home Loan Bank 3/10/2021 1,000,000.00 976,657.00 1,000,000.00 0.8 252 0.8 3/10/2026 3130ALDN1 Federal Home Loan Bank 3/16/2021 1,000,000.00 976,272.00 1,000,000.00 0.8 258 0.8 3/16/2026 3130ALDN1 Federal Home Loan Bank 3/16/2021 1,000,000.00 976,272.00 1,000,000.00 0.8 258 0.8 3/16/2026 3130ALGB4 Federal Home Loan Bank 3/17/2021 1,000,000.00 976,190.00 1,000,000.00 0.8 259 0.8 3/17/2026 3130ALGJ7 Federal Home Loan Bank 3/23/2021 975,000.00 952,719.30 975,000.00 1 265 1 3/23/2026 3130ALGC2 Federal Home Loan Bank 3/23/2021 1,000,000.00 976,229.00 1,000,000.00 0.875 265 0.875 3/23/2026 35 Investment Portfolio Detail
Fiscal Year 2024 ‐ 2025
June 1 ‐ June 30, 2025
CUSIP / Investment # Issuer Purchase Date Par Value Market Value Book Value Stated Rate Days to Maturity YTM/C Maturity Date 3130ALLN2 Federal Home Loan Bank 3/24/2021 2,000,000.00 1,962,538.00 2,000,000.00 1.5 266 0.871 3/24/2026 3130AM2F8 Federal Home Loan Bank 4/29/2021 1,000,000.00 975,432.00 1,000,000.00 1.125 302 1.125 4/29/2026 3130AM4L3 Federal Home Loan Bank 4/29/2021 1,000,000.00 976,219.00 1,000,000.00 1.25 302 1.1 4/29/2026 3130AMJH6 Federal Home Loan Bank 5/26/2021 1,000,000.00 972,975.00 1,000,000.00 1.05 329 1.05 5/26/2026 3130AML42 Federal Home Loan Bank 5/27/2021 1,000,000.00 975,531.00 1,000,000.00 1.2 330 0.957 5/27/2026 3130AMCM2 Federal Home Loan Bank 6/3/2021 1,250,000.00 1,248,296. 25 1,249,945.37 4 315 1.543 5/12/2026 3130AMM41 Federal Home Loan Bank 6/16/2021 5,000,000.00 4,854,930. 00 5,000,000.00 1 350 1 6/16/2026 3130AMPT3 Federal Home Loan Bank 6/23/2021 5,000,000.00 4,853,720.00 5,000,000.00 1.03 357 1.03 6/23/2026 3130AMYP1 Federal Home Loan Bank 7/15/2021 3,000,000.00 2,910,330.00 3,000,000.00 1.125 379 1.125 7/15/2026 3130ANWH9 Federal Home Loan Bank 9/24/2021 1,000,000.00 965,818.00 1,000,000.00 1.08 441 1.08 9/15/2026 3130APB87 Federal Home Loan Bank 10/13/2021 1,000,000.00 963,538.00 1,000,000.00 1.1 469 1.1 10/13/2026 3130APB87 Federal Home Loan Bank 10/13/2021 1,000,000.00 963,538.00 1,000,000.00 1.1 469 1.1 10/13/2026 3130AP5A9 Federal Home Loan Bank 10/15/2021 1,000,000.00 962,814.00 1,000,000.00 1.05 471 1.05 10/15/2026 3130AP5A9 Federal Home Loan Bank 10/15/2021 1,000,000.00 962,814.00 1,000,000.00 1.05 471 1.05 10/15/2026 3130AP5A9 Federal Home Loan Bank 10/15/2021 1,000,000.00 962,814.00 1,000,000.00 1.05 471 1.05 10/15/2026 3130AP3X1 Federal Home Loan Bank 10/15/2021 1,000,000.00 962,690.00 999,922.67 1.04 471 1.046 10/15/2026 3130AP5A9 Federal Home Loan Bank 10/15/2021 1,000,000.00 962,814.00 1,000,000.00 1.05 471 1.05 10/15/2026 3130AP3X1 Federal Home Loan Bank 10/15/2021 1,000,000.00 962,690.00 1,000,000.00 1.04 471 1.04 10/15/2026 3130APAY1 Federal Home Loan Bank 10/21/2021 3,000,000.00 2,889,174.00 3,000,000.00 1.1 477 1.1 10/21/2026 3130APBF1 Federal Home Loan Bank 10/22/2021 1,000,000.00 963,626.00 1,000,000.00 1.15 478 1.15 10/22/2026 3130APBF1 Federal Home Loan Bank 10/22/2021 2,000,000.00 1,927,252.00 2,000,000.00 1.15 478 1.15 10/22/2026 3130APHT5 Federal Home Loan Bank 10/26/2021 2,000,000.00 1,929,956.00 2,000,000.00 1.2 482 1.2 10/26/2026 3130APC45 Federal Home Loan Bank 10/26/2021 1,000,000.00 963,762.00 1,000,000.00 1.18 482 1.18 10/26/2026 3130APHT5 Federal Home Loan Bank 10/26/2021 2,000,000.00 1,929,956.00 1,999,736.11 1.2 482 1.21 10/26/2026 3130APCX1 Federal Home Loan Bank 10/26/2021 1,000,000.00 964,653.00 1,000,000.00 1.25 482 1.25 10/26/2026 3130APCX1 Federal Home Loan Bank 10/26/2021 2,000,000.00 1,929,306.00 2,000,000.00 1.25 482 1.25 10/26/2026 3130APCX1 Federal Home Loan Bank 10/26/2021 1,000,000.00 964,653.00 1,000,000.00 1.25 482 1.25 10/26/2026 3130APG82 Federal Home Loan Bank 10/28/2021 1,000,000.00 977,487.00 1,000,000.00 1.5 484 1.264 10/28/2026 3130APHV0 Federal Home Loan Bank 10/28/2021 2,000,000.00 1,927,280.00 2,000,000.00 1.18 484 1.18 10/28/2026 3130APDQ5 Federal Home Loan Bank 10/28/2021 1,000,000.00 964,535.00 1,000,000.00 1.25 484 1.25 10/28/2026 3130APKQ7 Federal Home Loan Bank 11/10/2021 1,000,000.00 963,607.00 1,000,000.00 1.25 497 1.25 11/10/2026 3130APKQ7 Federal Home Loan Bank 11/10/2021 1,000,000.00 963,607.00 999,320.83 1.25 497 1.302 11/10/2026 3130APKQ7 Federal Home Loan Bank 11/10/2021 1,000,000.00 963,607.00 1,000,000.00 1.25 497 1.25 11/10/2026 3130APLP8 Federal Home Loan Bank 11/16/2021 1,000,000.00 965,605.00 1,000,000.00 1.375 503 1.375 11/16/2026 3130APLP8 Federal Home Loan Bank 11/16/2021 1,000,000.00 965,605.00 1,000,000.00 1.375 503 1.375 11/16/2026 3130APL37 Federal Home Loan Bank 11/16/2021 1,000,000.00 965,241.00 1,000,000.00 1.4 503 1.4 11/16/2026 3130APNK7 Federal Home Loan Bank 11/18/2021 1,000,000.00 964,789.00 1,000,000.00 1.375 505 1.375 11/18/2026 3130APPZ2 Federal Home Loan Bank 11/23/2021 1,000,000.00 966,166.00 1,000,000.00 1.5 510 1.5 11/23/2026 3130AQ3T8 Federal Home Loan Bank 12/23/2021 1,000,000.00 973,466.00 1,000,000.00 2 540 1.641 12/23/2026 3130AQAB9 Federal Home Loan Bank 12/30/2021 1,250,000.00 1,207,423.75 1,250,000.00 1.625 547 1.625 12/30/2026 3134GXQF4 Federal Home Loan Mtg Corp 4/13/2022 1,000,000.00 986,959.00 1,000,000.00 3.25 651 3.25 4/13/2027 36 Investment Portfolio Detail
Fiscal Year 2024 ‐ 2025
June 1 ‐ June 30, 2025
CUSIP / Investment # Issuer Purchase Date Par Value Market Value Book Value Stated Rate Days to Maturity YTM/C Maturity Date 3134GXSH8 Federal Home Loan Mtg Corp 5/17/2022 1,000,000.00 995,564. 00 1,000,000.00 4 685 4 5/17/2027 3134GXTE4 Federal Home Loan Mtg Corp 5/27/2022 1,000,000.00 997,595. 00 1,000,000.00 4 695 4 5/27/2027 3134GXZN7 Federal Home Loan Mtg Corp 7/12/2022 1,000,000.00 999,287.00 1,000,000.00 4.25 741 4.25 7/12/2027 3134GXD50 Federal Home Loan Mtg Corp 7/21/2022 1,000,000.00 999,788. 00 1,000,000.00 4 20 4 7/21/2025 3134GXD50 Federal Home Loan Mtg Corp 7/21/2022 1,000,000.00 999,788. 00 1,000,000.00 4 20 4 7/21/2025 3134GXE67 Federal Home Loan Mtg Corp 7/28/2022 1,000,000.00 997,027.00 1,000,000.00 4.25 757 4.25 7/28/2027 3134GXQ23 Federal Home Loan Mtg Corp 8/25/2022 1,000,000.00 996,658.00 1,000,000.00 4.25 785 4.25 8/25/2027 3137EAEX3 Federal Home Loan Mtg Corp 10/3/2024 2,500,000.00 2,477,222.50 2,480,132.57 0.375 84 3.966 9/23/2025 3134HAF40 Federal Home Loan Mtg Corp 11/26/2024 5,000,000.00 5,001,475.00 5,000,000.00 4.7 878 4.7 11/26/2027 3134HAF40 Federal Home Loan Mtg Corp 11/26/2024 5,000,000.00 5,001,475.00 5,000,000.00 4.7 878 4.7 11/26/2027 3134HA3T8 Federal Home Loan Mtg Corp 1/17/2025 10,000,000.00 10,002,080.00 9,997,880.69 4.55 927 4.559 1/14/2028 3134HBBV2 Federal Home Loan Mtg Corp 2/28/2025 10,000,000.00 9,986,150.00 10,000,000.00 4.47 969 4.47 2/25/2028 3134HBBU4 Federal Home Loan Mtg Corp 2/27/2025 10,000,000.00 9,988,510.00 10,000,000.00 4. 64 1,337 4.64 2/27/2029 3134HBSZ5 Federal Home Loan Mtg Corp 6/4/2025 5,000,000.00 5,005,650.00 5,000,000.00 4. 55 1,434 4.55 6/4/2029 3134GXKJ2 Federal Home Loan Mtg Corp 1/22/2021 2,000,000.00 1,960,200.00 2,000,000.00 0.55 205 0.55 1/22/2026 Local Agency Investment Funds
LAIF LAIF 75,000,000.00 75,000,000.00 75,000,000.00 4.269 1 4.269 Medium Term Notes
037833DX5 Apple Inc. 1/26/2021 1,000,000.00 994,861.00 1,000,016.99 0.55 50 0.537 8/20/2025 037833EB2 Apple Inc. 2/8/2021 1,000,000.00 978,783.00 999,993.97 0.7 222 0.071 2/8/2026 06048WS43 Bank of America 2/18/2022 3,000,000.00 2, 987,943.00 3,000,000.00 2 48 2 8/18/2025 06048WV98 Bank of America 5/27/2022 2,000,000.00 1,998,660. 00 2,000,000.00 4.05 330 4.05 5/27/2026 06051GFS3 Bank of America 1/8/2021 1,000,000.00 999,460. 00 1,002,508.09 3.875 31 0.804 8/1/2025 06048WL32 Bank of America 2/24/2021 1,000,000.00 976,003. 00 1,000,000.00 0.8 238 0.08 2/24/2026 06048WL99 Bank of America 5/14/2021 1,000,000.00 974,658. 00 1,000,000.00 1.4 317 1.4 5/14/2026 06048WL99 Bank of America 5/14/2021 2,000,000.00 1,949,316. 00 2,000,000.00 1.4 317 1.4 5/14/2026 06048WL99 Bank of America 5/14/2021 2,000,000.00 1,949,316. 00 2,000,000.00 1.4 317 1.4 5/14/2026 06048WM64 Bank of America 7/12/2021 1,000,000.00 965,464. 00 999,700.20 1.2 359 1.231 6/25/2026 06048WM72 Bank of America 7/30/2021 1,000,000.00 967,675. 00 1,000,000.00 1.2 394 1.2 7/30/2026 06048WP20 Bank of America 9/24/2021 1,000,000.00 964,349. 00 1,000,000.00 1.25 450 1.25 9/24/2026 06048WP20 Bank of America 9/24/2021 1,000,000.00 964,349. 00 1,000,000.00 1.25 450 1.25 9/24/2026 17290A2M1 Citi Bank 7/21/2021 1,000,000.00 966,214.00 1,000,000.00 1.4 385 1.4 7/21/2026 38150AH99 Goldman Sachs 8/17/2021 1,000,000.00 968,409.00 1,000,000.00 1.35 412 1.35 8/17/2026 24422EVK2 John Deere Capital 1/27/2021 3,000, 000.00 2,942,139.00 3,000,000. 00 0.7 198 0.7 1/15/2026 48133MAB6 JP Morgan 8/15/2022 1,000,000.00 998,026.00 1,000,000.00 4.2 773 4.2 8/13/2027 48128G4X5 JP Morgan 8/30/2021 1,000,000.00 954,280.00 1,000,000.00 1.2 423 1.2 8/28/2026 48128G4X5 JP Morgan 8/30/2021 1,000,000.00 954,280.00 1,000,000.00 1.2 423 1.2 8/28/2026 53961LAF6 Local Initiatives Support 1/28/2021 1,510,000. 00 1,472,402.51 1,510,000.00 0.95 198 0.95 1/15/2026 Treasury Coupon Securities
91282CFP1 U.S. Treasury 10/3/2024 2,500, 000.00 2,499,292.50 2,502,361. 80 4.25 106 3.914 10/15/2025 91282CLS8 U.S. Treasury 11/26/2024 5,000, 000.00 5,013,865.00 4,990,272. 11 4.125 487 4.277 10/31/2026 37 Investment Portfolio Detail
Fiscal Year 2024 ‐ 2025
June 1 ‐ June 30, 2025
CUSIP / Investment # Issuer Purchase Date Par Value Market Value Book Value Stated Rate Days to Maturity YTM/C Maturity Date Treasury Discounts ‐Amortizing
912797MS3 U.S. Treasury 10/3/2024 2,500, 000.00 2,472,692.50 2,475,650. 66 3.77 93 3.935 10/2/2025 TOTAL 480,567,582.70 475,770,495.97 480,224,660.16
38 Investment activities for the month of June 2025
Investment Purchases
No Date Transaction CUSIP Investment Security Type Par Amount Investment
Yield to
Maturity
Maturity
6/4/2025 Purchase 3134HBSZ5 Federal Home Loan Mth Corp 5,000,000.00 4.550 6/4/2029 Total Purchases 5,000,000.00$
Investment Maturities, Calls & Sales
No Date Transaction CUSIP Investment Security Type Par Amount Investment
Yield to
Maturity
Maturity
6/22/2025 call 06048WW63 Bank of America 1,000,000.00 5.000 6/22/2027 Total Maturities, Calls & Sales 1,000,000.00$
39 City of Oxnard
Monthly Investment Report
as of June 30, 2025
September 2, 2025
City Council
Presented by:
Javier Chagoyen-Lazaro, City of
Oxnard
Chief Financial Officer
40 Recommendation 2
That The City Council receive and file the City of Oxnard Monthly Investment Report as of June 30, 2025.
41 City of Oxnard Cash and Investment as of June 30, 2025 Discussion 3
42 Discussion 4
Authorized Investment
at Market Value
Allowable
Threshold
($ million or %)
Under
1 year
1-3
years
Over 3
years Total
Average
Yield to
Maturity
Portfolio
%
LAIF $75.0 $75.00 $- $- $75.0 4.27% 15.76%
VCIP n/a 51.7 - - 51.7 4.51% 10.87%
Federal Agencies n/a 100.8 178.4 33.0 312.1 2.75% 65.61% Medium Term Notes 30% 19.2 7.7 - 26.9 1.47% 5.66%
Treasuries n/a 5.0 5.0 - 10.0 3.94% 2.10%
Total Investment $251.7 $191.1 $33.0 $475.8 3.13% 100% *Total may not add due to rounding
Investment Compliance
43 Cash and Investment Trend
Discussion 5
Millions
Jun-23 Jun-24 Sep-24 Dec-24 Mar-25 Apr-25 May-25 Jun-25 $0
$100
$200
$300
$400
$500
$600
Cash and Investment Position
Investments Market Value VCIP LAIF Cash
44 Discussion 6
Millions
0 - 30 days 31-180 days 181-365 days 365-730 days 731-1096 days > 1096 days -
20 40
60 80
100
120
140
Portfolio Maturity as of Jun 30, 2025
45 Discussion 7
Investment Return Trend
Mar
2023
Jun
2023
Sep
2023
Dec
2023
Mar
2024
Jun
2024
Jul
2024
Aug
2024
Sep
2024
Oct
2024
Nov
2024
Dec
2024
Jan
2025
Feb
2025
Mar
2025
Apr
2025
May
2025
Jun
2025
0.00%
1.00%
2.00%
3.00%
4.00%
5.00%
6.00%
2.07%
2.50%
3.12% 3.13%
2.83%
3.17%
4.27% 4.27%
3.81%
4.49%
3.89% 3.72%
City Average Return on Investment
City Portfolio avg return LAIF 3 yr Treasury
46 Recommendation 8
That The City Council receive and file the City of Oxnard Monthly Investment Report as of June 30, 2025.
47 9
Questions /
Discussion
48 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. H.4
DATE: September 2, 2025
TO: City Council
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.
RECOMMENDATION
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.
(Public Works and Transportation Committee approved 3-0 on July 22, 2025)
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.
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.
49 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
COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 3-0 on July 22, 2025 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Brian Yanez, Assistant Public Works Director, Jose Arreola, Fleet Services Manager
ATTACHMENTS
1. Agreement No. 32600022
2. Bid Tabulation
3. Prior Agreement Rate Sheet
50 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.
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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.
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8. CONTRACTUAL PREREQUISITES. This Agreement must first be executed by the Service Provider, after which the Agreement shall be approved as to form by the City Attorney, then executed by the Mayor, or an authorized person on behalf of the City, and if executed by the Mayor shall also be executed by the City Clerk.
A. Service Provider is advised that any recommendation for Agreement award is not binding on the City until the Agreement is fully executed and approved by the City.
B. All proof of business license, insurance, and W -9 forms is required prior to execution of this Agreement.
C. Service Provider shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 26 of this Agreement.
9. SERVICE PROVIDER’S SERVICES.
A. Service Provider shall perform only the type or category of services as set forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 13 of this Agreement.
B. The Services shall be coordinated with the designated City Project Manager set forth in Exhibit A and are subject to the direction of the City Manager or Department Director. Service Provider hereby designates its Project Manager, as set forth in “Exhibit A” as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the scope of services under this Agreement.
10. COMPENSATION. City shall pay Service Provider for the services performed pursuant to the terms of this Agreement and based on the hourly rates and fees set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” 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
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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
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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.
[Signatures on next page]
64 Agreement No. 32600022
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.
65 Agreement No. 32600022
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.
66 Agreement No. 32600022
EXHIBIT B
GENERAL SERVICE AGREEMENT
(City of Oxnard and Parkhouse Tire Service, Inc. DBA Parkhouse Tire, Inc.)
SCHEDULE OF COMPENSATION
67 Agreement No. 32600022
68 Agreement No. 32600022
69 Agreement No. 32600022
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.
[SEE NEXT PAGES]
70 Agreement No. 32600022
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75 Agreement No. 32600022
EXHIBIT D
GENERAL SERVICES AGREEMENT
(City of Oxnard and Parkhouse Tire Service, Inc. DBA Parkhouse Tire, Inc.)
FEDERAL GRANT ADDENDUM
[RESERVED]
76 Agreement No. 32600022
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.
77 Agreement No. 32600022
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.
78 Agreement No. 32600022
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.
79 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
80 Agreement No. 32600022
and other related costs. All duties of Service Provider under this Section shall survive Agreement termination.
81 Agreement No. 32600022
EXHIBIT G
GENERAL SERVICES AGREEMENT
(City of Oxnard and Parkhouse Tire Service, Inc. DBA Parkhouse Tire, Inc.)
IRAN CONTRACTING ACT CERTIFICATION
82 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$
83 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$
84 85
86 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. H.5
DATE: September 2, 2025
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Agreement 32600066 with Eurofins Eaton Analytical, LLC for Lab Testing Services.
RECOMMENDATION
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.
(Public Works and Transportation Committee approved 3-0 on July 22, 2025)
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, 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.
87 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:
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.
88 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
COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 3-0 on July 22, 2025 to approve the staff recommendation and to forward the item for Council approval. The agreement attached to this staff report has been modified from the version that went to the Public Works and Transportation Committee. It has been updated to include all attachments for compensation rates, which were inadvertently left off of the version taken to the Committee. The new pages added are pages 26 to 34.
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
89 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 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 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 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 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
A. Time is of the essence in this Agreement.
To: September 30, 2026
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 Agreement No. 32600066
Agreement No. 32600066
90 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: $2,325,000.00 1
6. AGREEMENT EXHIBITS: The following documents memorialized below are the only exhibits to this agreement and are incorporated by reference as though fully set forth herein. In the event of a conflict between the Exhibits and this Agreement, the Agreement controls.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Scope of Services
Schedule of Compensation
Insurance Requirements: City Insurance Exhibit INS - A
[RESERVED] This exhibit related to section 15
Living Wage Policy
Prevailing Wage Policy
Iran Contracting Certification
7. DESIGNATED REPRESENTATIVES. The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the services under this Agreement. Additionally, Service Provider's services shall be performed or immediately supervised by the Service Provider's Representative:
City Designated Representative
Name: Eric Ngo
Title: Laboratory Scientist Manager
Phone: (805) 263-2106
Email: [email protected]
Address: 305 W. 3 rd 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. 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 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
Agreement No. 32600066
91 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.
8. 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 th is Agreement.
8. 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 8." 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 appro val by the City. Any allowable request for adjustment must be delivered to the City at least 30 Agreement No. 32600066
92 days before the adjusted prices become effective. No price adjustment allowable under this Contract will be granted retroactively. The City must also be given the benefit of any decline in prices.
11. PAYMENT & INVOICES. City shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the City disputes one or more items in an invoice, the City shall, within thirty (30) days after receipt of such invoice, notify the Service Provider of the item(s) being disputed and the reason(s) therefore. The City may withhold payment for such disputed items until resolution of the dispute.
A. Payment Request. Service Provider shall submit a payment request to City by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Invoices may be emailed to: [email protected].
B. Non-Appropriation of Funds. Payments to be made to Service Provider by City for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of City. In the event City does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year's conclusion.
C. Service Provider's acceptance of final payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Service Provider for anything completed, finished or relating to the Services. City's payment shall not constitute nor be deemed a release of the responsibility and liability of Service Provider for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Service Provider and its employees, agents and Subcontracted Service Providers.
D. Service Provider shall provide City with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by Service Provider or materials or products provided to City by Service Provider, Service Provider shall pay the sales tax. City shall not reimburse Service Provider for sales taxes paid by Service Provider
Agreement No. 32600066
93 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(8), 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 Agreement No. 32600066
94 instructions to and observe the Service Provider in the performance of all services done on behalf of the City.
Service Provider and its employees, subcontractors, and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. Service Provider and its employees are not employees of City. Service Provider and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers' compensation insurance benefits. Service Provider shall not, at any time or in any manner, represent that it or any of its agents, subcontractors, or employees are in any manner agents, subcontractors, or employees of City.
17. LAWFUL PERFORMANCE. Service Provider shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement. Service Provider, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
18. SAFETY REQUIREMENTS. Service Provider shall not perform any services for the City when the Service Provider is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the City's Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The City reserves the right to issue restraining or cease and desist orders to Service Provider when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of Service Provider 's work by City shall not operate as a release of the Service Provider from such standard of care and workmanship.
19. OWNERSHIP OF SERVICE PROVIDER'S WORK PRODUCT, CONFIDENTIALITY & DISCLOSURE. City shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by Service Provider in performance of this Agreement and shall be entitled to immediate 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
95 A. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the Service Provider pursuant to or in connection with this Agreement shall be the exclusive property of the City.
B. Records and Inspections. The Service Provider shall maintain full and accurate records, with respect to all services and matters covered under this Agreement. The City shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.
C. Deliverables. Service Provider shall deliver to the City the studies, plans, specifications, or other documents as are identified in the Scope of Services or Task Order; and Service Provider shall, upon completion of all work, submit to the City all information developed in the course of the Service Provider's services. Service Provider shall, in such time and in such form as the City may require, furnish reports concerning the status of services required under this Agreement. Service Provider shall, upon request by City and upon completion or termination of this Agreement, deliver to the City all material furnished to Service Provider by the City.
D. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the City or information belonging to a third party whose information is in the City's possession or control under obligations of confidentiality.
Service Provider may be granted access to information that is exempt from disclosure to the public (Government Code Section 7920.505) and may contain "trade secrets" (see Government Code Section 7924.510(f)) when it is necessary for Service Provider to perform its obligations pursuant to this Agreement. If Service Provider is granted such access to confidential information, Service Provider shall not be considered to be a member of the public as that term is used in Government Code Section 7920.515.
E. Disclosure of Information. Service Provider shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to Service Provider by the City or other information to which the Service Provider has had access during the term of this Agreement without the prior written approval of the City's Designated Representative 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 No. 32600066
96 Agreement or for any business decisions made by Service Provider in reliance on any Confidential Information disclosed under this Agreement.
20. ASSIGNMENT. This Agreement is for the non-professional services of Service Provider. Any attempt by Service Provider to assign the benefits or burdens of this Agreement without the prior written approval of City shall be prohibited and shall be null and void. Service Provider 's services pursuant to this Agreement shall be provided by the Service Provider's Designated Representative or directly under his/her supervision, and Service Provider shall not assign another to supervise the Service Provider 's performance of this Agreement without the prior written approval of City, by and through the City's Designated Representative.
21. NOTICE OF BREACH AND OPPORTUNITY TO CURE. Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party. The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non-breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section 22.
22. NOTICES. All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first-class mail. Notice sent by mail shall be addressed to each Party's Designated Representative as set forth above in Section 7. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.
23. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Service Provider shall be construed to be both a covenant and a condition.
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 Agreement No. 32600066
97 of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
25. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.
A. As a separate and independent covenant from Service Provider's obligations under this section, Service Provider shall to the fullest extent permitted by law, immediately defend, indemnify, and hold harmless City, its legislative and advisory bodies, and the City's officials, directors, officers, employees, and agents (the "lndemnitees") 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 lndemnitees.
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 lndemnitees shall not relieve Service Provider from its separate and distinct obligation to defend the lndemnitees. 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 lndemnitees. If it is finally adjudicated that liability was caused by the negligence or willful misconduct of any of the lndemnitees, 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 lndemnitees 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
98 agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by Service Provider pursuant to this Agreement. The provisions of this Section shall not be restricted by and do not affect the provisions of this Agreement relating to Section 26. The Service Provider's obligations under this Section of the Agreement shall survive the termination of the Agreement.
D. Service Provider agrees to pay all required taxes on amounts paid to Service Provider under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Service Provider shall be solely responsible for, and shall save City harmless from, all matters relating to the payment of Service Provider's subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer-employee relations, as applicable.
City shall have the right to offset against the amount of any compensation due to Service Provider under this Agreement any amount due to City from Service Provider as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section.
26. INSURANCE. Service Provider shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within "Exhibit C", which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that Service Provider obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. Service Provider shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in "Exhibit C". Maintenance of insurance coverages by Service Provider is a material element of this Agreement. Service Provider's failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.
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.
Agreement No. 32600066
99 28. PREVAILING WAGE REQUIREMENTS. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.
Prevailing wages are .reguJred to be illaid to, all workers, including subcqntracted employees. For further information regarding Prevailing Wage Requirements please refer to Exhibit "F" attached to this Agreement.
A. To determine if this Agreement is subject to compliance monitoring and enforcement, go to: https://www.dir.ca.gov/Public-
Works/PublicWorksSB854FAQ.html
B. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.
C. In the event that there is a difference between the amount of wages to be paid under the City of Oxnard's local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the Service Provider.
29.CONFLICT OF INTEREST. Service Provider covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Service Provider's services under this Agreement. Service Provider further covenants that in the performance of services under this Agreement, no officer, employee or agent of Service Provider having such interest shall be employed by it. In the event the City determines that Service Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Service Provider shall file such Form 700 with the City Clerk's Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Service Provider may result in termination of this Agreement by the City.
30. IRAN CONTRACTING ACT. In accordance with the Iran Contract Act of 2010 (Public Contract Code sections 2200-2208) the City requires that any Consultant that submits a proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or Services of one million dollars ($1,000,000) or more, must certify, that the Consultant is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a Agreement No. 32600066
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person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.
A Consultant is ineligible to enter into any contract with the City for goods or Services of one million dollars ($1,000,000) or more if the Consultant engages in investment activities in Iran. Consultant must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contract Act Certification attached as Exhibit G.
31.SUBCONTRACTING. If Service Provider requires the assistance of a subcontractor to render any services under this agreement, Consultant shall obtain prior written consent from the City before a subcontractor performs any service pursuant to this 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 Agreement No. 32600066
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commenced by a meeting with the mediator, shall last until agre ement 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 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 MAJ EURE. 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
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calamities, riots, or demands or requirements of governmental agencies other than the City.
38. GOVERNING LAW. The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.
39. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.
40. INTEGRATED AGREEMENT. This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.
41. NO THIRD-PARTY BENEFICIARY. This Agreement shall not be construed to be an agreement for the benefit of any third-party or parties, and no third party or parties shall have any claim or right of action under this Agreement.
42. AUTHORITY TO EXECUTE. Each Party hereto expressly warrants and represents that through its Designated Representative it has the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the Designated Representative has the authority to bind each Party to the performance of its obligations hereunder.
43. EXECUTION -COUNTERPARTS. This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature or electronic signature of an authorized representative of each of the relevant Parties. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other Party to this Agreement is in the physical possession of the Party seeking enforcement thereof.
44. INCONSISTENT OR CONFLICTING TERMS. In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference Agreement No. 32600066
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shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the City are not binding upon the City's Designated Representative unless specifically agreed to in writing, and initiated by City's Designated Representative, as to each additional contractual term or condition.
45. ACKNOWLEDGEMENT. By signing below, Service Provider acknowledges that it has reviewed the City's General Services Agreement terms and conditions and insurance requirements and that Service Provider hereby agrees to full compliance. [Signatures on next page]
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In witness whereof, the Parties have entered into this Agreement effective on the date as written in section 4 and upon signature of all Parties.
CITY
OF OXNARD EUROFINS EATON ANALYTICAL, LLC
☐Luis A. Mc Arthur, Mayor2 Date Ca mila Gadotti, President Date ☐Jennifer Yates,3
Purc
hasing Manager
Carol ine Sangari, Date
Pomona Business Unit Manager4
ATTES
T:
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 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 lisUchart of all analysis methods with MDL, POL 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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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 da ys. 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:
• 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.
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The City is required to meet compliance with all State and Federal requirements and limits must be met. Contract Laboratory mu st 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:
• Drinking 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.
Environmental Compliance Wastewater Testing Services
The laboratory contracted for environment compliance wastewater analyses should meet the following requirements:
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• Analysis 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.
Wastewater Treatment Process and Biosolids Testing Services The laboratory contracted for wastewater and biosolids analyses should meet the following
requirements:
•· Wastewater 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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Recycled Water/Potable Reuse Testing Requirements
The laboratory contracted for Recycled Water/Potable Reuse water analyses should meet the following requirements:
• All 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 DOW 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 DOW, 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 DOW. 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.
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• 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.
Additional 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.
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EXHIBIT B
GENERAL SERVIC
E AGREEMENT
(City of Oxnard and Eurofins Eaton Analytical, LLC)
SCHEDULE OF
COMPENSATION
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EXHIBIT C
GENERAL SERVICES AGREEMENT
(City of Oxnard and Eurofins Eaton Analytical, LLC)
INSURANCE REQUIREMENTS
Prior to contract approval, CONSULT ANT/SERVICE PROVIDER/SELLER/BIDDER (h
ereafter 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.
[SEE NEXT PAGES]
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Exhibit INS-A
INSUR.Al'-C:E RI:QUIR.DIENTS FOR CONSULL\NTS
(WITH ERRORS A .. 1\'D 0:1\IISSIONS RI:QUIRI:ME!\"T)
1. Consultant shall obtain and maintain during the performance of any services undtr this Agreement the follo\\ing insurance against claims for injuries to persons or damaies to property which may arise from or in connection with the performance of services hereunder by Consultant, its agents, representatives, employees or subconsultants. a. Commercial General Liability Insurance, including Contractual Liabili!):, in an amount not less than $1,000,000 combined single limit for bodily injuiy and property dama�e for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount; b. Business automobile liabl.11ty .tm$\11MIC-e .in an amomu· 1101 less than $1,000,000 combined single limJr ror bo®y injury ruid property damage for each claimant for aul01U0btlr l:iabil� widi oovenge equivalent to Insurance Services Office �utoll1l'.lbllfli.,bilitj' coverage (Occurrence Form CAOOOI) c:omin oat No. l, M'Mly auto;" c. Professional liability/errors and omission.s insurance appropriate to Consultant's profession to a minimum coverage of $1,000,000, with neither Consultant nor listed subconsultants having less than $500,000 individually. The professional liability/errors and omissions insurance must be project specific ,,ith at least a one year e}..1ended reporting period, or longer upon request. ct.. Wo[]reci;,' co11_ipmia1i(ln �e in comp� ,,ilb. the laws of the State of California, and employer's liability insurance 111 an alll?WJ.t � Jess tl}.111 S 1,.000,000 pc d,;i-timnl. �dditionally, ID.� workers' compensation policy shall include a waiver of all rights of ffllil'tllJW 1ou \\!hicll the tll.fflier m::iy lmvt .� lhc cuy_
2. Comull.mt mlllL prior to pcomirm.,ncc of any services, file with the Risk Manager certificates of insurance with original i:�ents etftctuw co_verage r�·etf by tbi_s _Exhibit lNS-A. _The certificates and endorsements for each inrnrance policy are to be s1.gned by a IIC"M a11ilionzed by that mrur� to bind coverage on _its behalf .. The certificates and endorsCJ?)ents are to be on the attac�ed foom or on o-thcr fonm �pproved by the Ri...t M.'.m:1gcr, A.ti �fit;ites :ut<\ endorsements are to be received m appc,o>'ffl !Jy the Risk M:m.'lget before coW1Deerew.mt of S:e'IVU:Ci, Cily n�l\'C$ lb.� right 10 requ.ire complete certified copies of all requirtd insurance policies M :my tlll -. The cmiflc:a� of insuranl:'e md C'Ddorsema11s. i:b.ali b'!: smt vill email. If you have not received your request or are having difflc-ull:y \\Iii el ml ·c up?ood, contact [email protected]
3. Consultant agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided. canceled, or reduced in coverage or limits without 30 days' prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains "best effort" modifiers or if the insurer is relieved from the responsibility to give such notice. . Consultant �greci; tb.l! tilt comm�Jti.al geoe:r.11 lin.bllity mid bui�-s :iutOir.1.o:bile lin.�ty :insurance poliC'ic.!i sh311 be esndorsed to tt:11ne aiy, il8 City Cmmi:il, ofliCtl'$, employees, �� rurd vDlWJ.tffrs a5 3dditi®.1l i.Dsureds .ns uspecli; !Jn.b.i.li.1y wising out Qf�c:tivili� � by or OD be�lf ol O.M\111:wi: �Jodncts arul comp�le_d Opt'!"-ali.ons of Consultmt, prenme� ownro, 0«1.1.Pir,d or � by CoilSUl�t; M autom.otiile1. owned, 1�, Jimd. or bom>wed by 01.m dranf. ll1e CO\'er:tge $tr.ill collrain .no lJ)ec�1I liml1ations ot1 Ille , ¢01,)f of proteciio.n afforded to City, ii$ Cily Council, o.f6cer,ii. mlplO}'tle$, :_ -cnis �- ,'clwuens. The G.n.a·11I U.tbJll, � p,ecl.'ll Ell®l'l'ein@nt form au.d. Autu1D11bilt LlabOltf Spedal :Eudotum lH fonn Bit (b:e« lo tbh Emibfl IN' .• A, ,01' tub.illt!rie Jorms -U.IJ.I· �,; tb@ ,mlK' ht!Hmolioli ··d f(fpt'llb1@ to tht> ru�k. fnna,gtilr s·hA bt 11�fd tti p1·01:Jde lh!! ..tinlorRmmt (ISO Conn CG 2·0]Qi U/'8:;, ot· 1! 11ot1mrih1b1t. CC 2.010 u·IH1 an @dlti.on d!atf prlol.' to O 104 � cc; 2037). . S. The •CO\'t'.l'llg:es provided to ity .ib:111 be -� aoo not c:ootri'lmtmg 10 or C).'(� of any_ exlsling City � !'Jf s�{ in.-llr.illte CO\rtrag.� (rhl\ mud b, ._ndorwd Mdilionally, the wolkers' com9t'Ds.'!M11 policy swlf include :i. waWM of all ogh1i o'f r;ulirog_D,!io:n wbidt the insutu :111ay b:ivc ag�<,t the Ctty. A.!J.y £-:i'f:Iure 10 comply witll re�Olt[q _pro11,,lis ons of th� poJtriu ·ih;ill no i.t C'CI cover:igt providtd I\} City. iu City: Cou11cil. om�m . e-mp.loyees 31.ld vollm.te ri. The dllSll.tillit� �II :ipfly upmtdy tD each I� ag,Jum wfiom cbiru h M1tk- or suiJ i. broughl, �pt wilb ruped to lhe liml of ihli Ul,S.tltt(s habltily_ . 6. The ins1:_irer shall _declare any deductibles o_r s�lf-insured retent�ons lo and be_ ;ippro ,(d by� lU$ :Man.�-. At � o,p,iio-.n 0f' tilt Risk Manager, either the m.;urer shall reduce or elimina� such deductibles or self-lilSUfed retention, �s �,� a1y, 1ti C11y Cmmcll, officers, e�loyees and volunteers, or the Co11S11ltant shall procure a bond guaranteeing payment of laliStt u,1 r �Litetl. mvemg.ilio-m, claim admiwstration and deftnse e>.'J)enses.
7, All insurance standards applicable to Consultant shall also be applicable to Cons1tltaut's subconsultants. Cons11ltant agrees to mninm.in_ appropri�U agreen1ents \\ith subconsultants and to provide proper evidence of coverage upou receipt of a written request from 11!.e �d::Mfill,agtt,
1/23
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E.xhibit INS-A
INSTRUCTION FOR SUBi\llTIING �Sl,RANCE CERTIFICATES A .. "ND :ENDORSEi\IE"T FORMS Certificates<>/ I11mra11ce
The sample accord form on the following page is provided to facilitate your preparation aud submission of certificates of insurance.
You may use this or any induruy form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder addnss must be as shown on the attached sample acco1·d form 'llith the contract number nod insw·ance enibit Identification information compltted. Improperly addressed certificates may delay the contract start-up date because the City's practice is to return unidentifiable insurance certificates to the in5Ufed for clarification as to the contract number.
Cancellation pro,isions mmt be endorsed to the policy. l\Io�inJ the cntificate does not chan11e conrn11e 01· obligate the earlier to pro,ide notice of cancellation.
E111forse111e11f Fonm
Original endorsements are required for COllllllercial general liability and business automobile liability insurance policies and lllllst be attached to the applicable certificate of insurance. City prefe rence is that the Cousnltant/insurer use the endorsement fonus which are attached. Substitute forms will be accepted, however, as long as they include provisious comparable to the sample accord form.
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ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM'JDD.IYY)
PRODUCER
THIS CERTIFICATE IS l5SIJ'"ED AS A MATIER. OF INFORMATION ONLY AND CONFERS NO RIGHTS t;"PON TIIE CERTIFICAIE HOLDER. nns CERTIFICATE DOES NOT AMEND, E)."TEND OR ALTER. 1HE COVERAGE AFFORDED BY 11iE POLICIES BELOW. str.'l,t.ODE C:OlIP . .\l'\'11:S AFFORDING INSURANCE C0YIRAGE DlS,trarn
co
LTR
A
A
A
lMA,T lt!E l'OUC!ES OF INS'IJJtAXC!.
NOTii;'lTHSl'l,.NOENlll\NY ltE.QUiltil
ICAl"I! MA.YI! I�� OK Mil Y P�l'.
ctUSIQNS_AND CONCfflONS Of' SUCH
n-Pr OF INSli"R..-\NC:E
.-\v'TO�lOBILE LL-\l!ILITY
(x] A..>rr AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIR.EDAUTOS
NON.OWNED AUTOS
GARAGE LIABILITY
E...:CE>-S LI.-\BILITY
UMBR.Ell.A FORM
OTHER THAN UMBRELLA
�
WORKERS'
CO!IIPE/\S.-\TIO:'.'i
MID
EMPLOYERS' LIABn.m·
OTHrR
POLICY
I\TlIBER
COl\·IPANY
LETIER. A SPECIFY COMP ANY NAMES IN nns SPACE
COMPANY
LETIER. B
PO.UC\:'.
rrrrcm.:
DAU:
�l\lrDD:Y\)
POLICY
EXPIR-\TION
DAU:
01-'D.Di\"\: t.Ili!Il�
GENERAL AGGREGATE $1,000,000
PRODUCTS COMP/OP AGG. $1,000,000
PERSONAL� ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any 0110 fire) $
MED. EXPENSE An Olle ,on $
COMBINED SINGLE
l.ll,irr
BODll.Y INJURY
(Perpenon)
BODll.Y INJURY
(Pv accident)
PROPERIT DAMAGE
EACH OCCURRENCE
AGGREGATE
STA TUIORY LIMITS
$1,000,000
EACH ACCIDENT $1,000,000
Dl5EASE-POUCYLIMIT $1,000,000
Dl5E.ASE-EACH EMPLOYEE $1000,000
Errors and omissions insurance or mnlprnctice insurance available for the insured's rofession
Minimum C0\'1�;:e
E,cl, couzultmtl
& b,ted sub•«>noult:mt
$1,000,000
$500 ,000
DESCRJPTION OF OPERA T!ONS.'l.OCAT!ONSf\.'EHICl.ES!l\ESTRICT!ONS:SPECIAL ITEMS C!:RTIFICAIT HOLDER
CITY OF OXNARD% Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB5210
Indianapolis, Indiana 4625004299 US
C.-\l'iCELL.-\TIOJ\"
SHOlJU> ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELED BEFORE THE EXPIRATION DATE 1HER.EOF, THE ISSUING COMPANY Will. llNI>E "'OR +Q MAIL .19, DAYS WRITIENNOTICE TO THE CERTIFICATE HOLDER NAMED TO 1HE LEFT, IW+ F.� TO l+'llll, �l.Q�iSiRAU.l!a°'E�!O QIUO..'LJION Oil, U!\IJILl+¥Ci i� �� 1-QOlG!AN.V,.m P i.1)1!:li·Oi':. mg;��.
AU'tliOlllZUI UJ!USE){fATI\�
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E.'lhibit INS-A
GENERAL LIABILITY SPECIAL ENDORSEMENT SUBMIT IN DUPLICATE FOR THE CITY OF OXNARD (the "City") I
ENDORSEMENT NO.
I
ISSUE OATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
lnsur..1nce Company:
Policy No.:
Polioy P•riod: (from) (to)
LOSS ADJUSTMENT EXPENSE ::, lnC:luded in Limjts
:J In Addition to Uniits
Telephone: :I Deductibl• :I Seff-lnsured Retention (check which) of S with an Aggragate of s ___ appl�s to
NAMED INSURED cov,erage. :, Per Occum,ne. CJ Per Claim (which) APPLICABILITY. This insura.ne& pertaEns to the oper,1Uons. products and/or tenanay ot the n.1m.O insured under JIJ wrttt•n .agreem♦ntl Jnd permits in fore• with the City unlHs checked here :, in whioh case only th• foOowing spoclfio agrffm&nts and penmits with the City are co·,ered
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
GENERAL LIABILITY OTHER PROVISIONS
:J CO·Ml.fERCIAL GENERAL LIABILITY !I' Cl�i!M M��,
Cl COMPREHENS�/E GENERAL LIABILITY Retroactive Oate
CJ OWNERS & CONTRACTORS PROT ECTIVE a Occ-urrance
COVERAGES
LIABILITY LIMITS IN THOUSANDS S
EACH OCCffiRENCE AGGRE GATE
CJ GENERAL CLAIMS: Underwrite(s r�pr.asenta.tive- for cl.�lms pursu.1nt to this CJ PRODUCTS/COMPLETED OPERATIONS lrnsur.1nc•.
� PERSONAL & ADVERTISING INJURY N,1m•:
Cl F IIRE DA.MAGE l\if<fn•u;
�
:, T•lephone: ' \
ln consideration of th� premium charged and notwithstanding any inconsistent statemie-nt ln th,ti policy to whioh th.1s en-diorsam@nt is att.lchad or any endo rs&mant n<iw or h,ere-afte.r a:tuche-d the-reto, insuran� comp.1ny agrees Js follows:
,. foU!!:m, Till Cit,_ Ito 01\'ican. •!!'Ont,. empIoyat1 .ana volumm• are tnc!udll<I H lnsure<1, .. -nn roganl to 11a:,1111y and dt!Eiu •� 611lts anll� ltC<1t ttte operaaon,. produots and actlvlUH ;or!orrnt<lby�••• �• Qol tnt r-ln!Ulr.t,
CObll'IWlllfflOJl HOT' A��!l!ifD .. ;.,. t�r,eo11, (•i WM ;-erfonned �)' 1111 narnt<I 11161111<1 !Or Cl on Dehall of tho Cl�: or (�J Jl(l)II""" &Old Dy Iha nam4'11 ln&Ultd to lho City; or (C) l""mhH !used II)' I • U!'ld Ptom 1111! er.,. Ill" Insu111no1 all'onled Dy thls Jl"lley ■hill De p<lmary rmur,n,- •• rH;,ecw 1M Clly, tu o!IICM&. ;igtnli, employe1!$ or voIuntHn;; or &IJnd In•• -r. -� ar•�· � H!" fl 1111 - 1/11�11a·1 ■ehtduttd Ul'lde<l)'fng pclmary cov.rag•. ta elttl1< evtnl any 01n..-1nwnnoo "'aIntt1Ined I>)' 1ht Cl<)'. 11, offl0t<1, agenta. employ HI or .Y� _,rio- •-•n111Ni,m !4E TA�a l!Olcc,lili • - Lt
�- lr!VERABIUTY 0� INTEREST. TNI ta111111nce IPPIIH 11p•111te!)' IO Heh "11<lrtd agJlnst wl!om Claim ta mode or ili'lll l>r0111i1hl noeww1tt1 rupect lo IM oomp,1ny'1 llmlll ofUal>lllty.
TM tni:1usI011i ar an)' pffl<Jn or 019artta1J0l'l aa an tniured WII not an-� any rtgllt Whleh Mh pmon or organlnt1on 'A'OUIIJ hJ•,-e as 1. ·clalni.-it 11' nc"'1: a.o fflciU!Nd.
4. CN>ICl!LUllotl N011C%. \'IIUI "''P'CI to lhl lnll!Nto DI 11 .. Cit)', IN• l!!Wrano• IMII no, bt oanooted. or matortally -ced In ..,,.� O< l!mJli except affer 111111)' (30) a.y, prtor wmten n:,�01 I>)' re<>!lpltd a�t,..,. !\a& beon gI .. n to me cny.
5. Plt01'!8I0NI I\EGARDING THf IN8URED'8 DUTI!I. Any 11/lura lo ocmply With ffp0r1!ng p11M01on1 Cl! IN! po!Joy 1ll l><Uol\OS or 'Ml•uon, 01 .... ,,.,,tt .. •hall not all'lcl co•,erogo F""1dfo� ,o tnt c:l!)·, Its olll•lill. a:ien1&. tmp<oy,,11 or VOlll/llffrl.
5. SCOPf OF CO'I/ERAGE. n,ro policy. II primary. •�ora, oo· ... rag• JI IH&l a& br<>Od aa:
a. lnsurJnte SM'4foes Offloe commercial Ge�I Uatitllty CO'ii'l!fa!J-i .. •oocu.1'E!Me" form CG0001; or b. II,,.,�,. 11!0!'.loco,erag• Which II at least•• br<>ad as tho pnmal)' Insurano& !Orm CGD•lOt.
Exc•p,t n suto-d above nothing h•r•ln shall be held to w,1I11<>, alt., or extend any of th• llmlts, conditions. agi-.•m•MS or itxolusions of th• polloy 10 which this e-ndors,ement ts a�30h�d.
ENDORSEMENT HOLDER
AUTHORIZED REPRESENTATIVE
:, BrokerlAgent :, Unde rwritor :,
CITY OF OXNARD ¼ Evident ID, Inc, I (printll'/ID& nJ1me). warrant that I have authority to 8520 Allison Pointe Blvd. Ste 223 PMB 5210
bind the .1bove-menUonll<I i.nsuranoe c,omp.>ny ond by n,y sign.1ture hereon do so bind lndlanapolls, Indiana 462500-4299 US
this e<>mp,any 10 this endorsoment.
Sign,1ture-
(origin/II oigna(u,.. ,eq<J/,wd/
T•l"1ha11,oc • I D•I& Slgn..i:
INS-A.doc
Agreement No. 32600066
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.li."W!bil INS-A
AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
SUBMIT IN DUPLICATE
I ENDORSEMENT NO.
I
ISSUE OATE (MMIDDfYY)
. FOR THE CITY OF OXNARD (the "City")
PRODUCER POLICY INFORMATION:
Insurance Comp.Jny:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE O Included In Limi ts
:::J In Addition to Limits
T•lep,hone: 0 D•duct il>le O Se�-ln,urad Retention (check which ) of S with an Aggregat• of$ applies to, NAMED INSURED cover.1ge. 0 P�r Occurr-ence O Par C�.a.im (which) APPLICABILITY. Th i• in,urance p,eJU.irn to the operations. products and/or VJnancy of th9 n.Jm4Ki iMured under an writte-n agreema-nts .1nd p•miit!i in force with the City unlus ohecked here Cl In which case only the following specific agreements and perm its with the City are co ve�d:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE OTHER PROVISIONS
□ COMMERCIAL AUTO POLICY
□ BUSINESS AUTO POLICY
□ OTHER
LIMIT OF LIABILITY
CLAIMS: Underwriter's rep.resent.Juve for claiims pursuant to this hti.1rr nee.
i pH accident, for bodily Injur y and property dam•g�. N.1me:
Address:
Telephone: I -�
In co nsldeation of the promium oharged and no twithstanding any Inconsis tent stateme nt in th• policy to which this end or5<1m•nt Is attaohed or any endc,rseme.nt now or he-�.t.fter .itucha-d the�to, in suranc11 comp.1ny ag�s as follow1:
1. INSURED. Tha Cfl)•. ltl c<fflteri. ageolS, voluntem and employees ar e ln�lldoa M lnstndl 111\111 regw 10 llal>llfl)• and d"'™" gr aui. �rt,lng from In• 0, .. r.11I00,. pr!Xluol6 and ad:IYIUit-i pe-r.TOO:ned by or on tthal,fof:ttl.12 namell lrllflll'id.
CCI I� �l)Tllll!;-OIJll'IW.. "Uii,J..Cll:{•I p,li!'ol'!!! •!11'1111 rq_m,-J u_�fQ r..-'lb�tlu!ro('1fl•C!!j';N'!�UnU . I d br _, IUffll•�- Cliy; o< (C) prt<nJ- IHIOll<I by i!lf OYl!od ll,W'll<i lr001 lllle CL!y, lht '""""'""' a110nled Dy thll policy lh3lt D<! p<lmary l<Uiura;� . fi rnr,o� n. C'!J. Hi O�- ii, an urtirol•• c!Wl 1>1co,e1711t u01 .. 01 lh• nrnod 1naure<1·, &ooll<IUle<I undortylng pnma,y ccver-9e. 111 \!!tl\Or t'MII, • olll!r l•w.i• • ·11 • "N.l �ri:• ell lllffl!Hrt: "'''-'"""'
• m., li-<tr,:e-o. - �nll. emp<oyH,
0tVOlurr:tetili ah.all tit ri UONli <Jf'lhli tr.i1urance ana &NII n0IOIX1111buttwlln It ls SE'llJIAIIIUTY OF INTERl!&T. TIT/.0 11, ........ oppllK otparaltly to NCI\ 11\WTll<I agalnll l'li!Gm Cl.Olm l4 mad<! or 5Ull ls arougm oxoop. �1JU> rKP••t lo ti\,! 0"11J••>"• 11mIi. oUaDIJty. lllt lnaluslOn or ••Y J14110fl.•<a,ganll,Uon •• an lnsLRd lltlall nOl llltct 1ny r1gllt Wlll<>h ,uon pomn or "'llill\lZltton "1JLld l\a,t •• • �,JI\IJI' IOOl&o ln�u:lod.
4. CANCELLAllON NOTICe.. V/1111 N&pecl ro lh• 1n1ere• t• of 111• Ctty. tni, lnsuranc• ,nan not t-t canceled, o< malorlJ!ly rtillJCeo � ..,, • .,.,. or RmJ.116 •x-,ept ait.r llfny (3'J) <IJy& pnor �'fltttn noHce by r•c,eIpi.m-l!'ilI•,-.ry na;s bHa gI, � Ille ct1y. �- PROVISION$ ftf:OARDING n-te: UUUREO'S DUTIES. Any fa.llura, to ecmply 'A11"1 rap-ortlng prol/1I10n6 or the pc{f�y or tltHcinH c,r \i�l.Jlfcms elf "f'Jar.1"an,11M lh!II r)Cl1 a.1Te:l CIJ'Itra9e pro-/llll;!d to 1h6! c11-,·. Ill o<fflceri. •g,s,ts, •111pIoyM& e< varunt•"'- E,. SCOPE.OF CO'�E.llAGE. Th!S policy. �prlmll)'. airoms co•,orage al least a, Droad a&:
"· Qnouranc• C•Nfc,uonnce AU11cm<1bll& Uabllly co,erago, ·0cC1Jrrl!ltce' ram, CA0001. CC/Je (·any awto"t: c, b. Ql'e,,,..,., •�'""' o�"""!I'> w111c�ts al least .. ttoad .. 111t prlma,y ln5Urante 1tlm\ rom<enll'<! r,, tl\-e prell'<llng 5tc!on 1,11. endcrseme-nt i-s a�uched.
Exc1>pt •• stated abc,n noli>in1, t:t•�ir, •h•II l>e h<>ld to waive. alter or Htend any of th& limits, condili<>n• . .3llrNn1&nts or exclu•ion s of th• policy to which this ]
END0RSEMENTHOL0ER
AUTHORIZED REPRESENTATIVE
0 Bro ker/Ag<int :, Undetwrite.r O
CITY OF OXNARD% Evident ID, Inc. J (prin't>'typ1> name), wairrant that I h�'-'9 -1 uthorlty to 8520 Allison Pointe Blvd. Ste 223 blr\d th-e .1bove-me"'tioned insur,1noe corn,panv .and by n,y slgnatur.e h.e,....on do so bind PMB 5210
this company 10 this &ndorsement.
Indianapolis, Indiana 462500-4299 US Signature-
(original oigna ru� �uire<i)
Telephone: ( ) O;att Signtd
INS-A.doc
Agreement No. 32600066
129
EXHIBIT D
GENERAL SERVICES AGREEMENT
(City of Oxnard and Eurofins Eaton Analytical, LLC)
FEDERAL GRANT ADDENDUM
[RESERVED]
Agreement No. 32600066
130
EXHIBIT E
GENERAL SERVICES AGREEMENT
(City of Oxnard and Eurofins Eaton Analytical, LLC)
LIVING WAGE POLICY
Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard trade services contracts and all unique trade services contracts governed by the Living Wage Policy.
A. Service Provider shall compensate any employee of Service Provider who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, Service Provider shall pay such employee no less than $20.06 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. :s_ 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
131
CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2025
Service Provider shall compensate any employee O'f Service Provider who prov1de·s Services under
thls Agre-ement in accordance with the Uv.ing Wage Policy, attached hereto and incorpor.Slted herein by reference as Exhibit E. While this Agreement is in effect, Service Provider shall pay such employ,ee no less than $20,06 rper hour for each hour that. such employee provides Services und,er this Agreement. This hourly rate shall be adjusted o,n July 1, 2026, and each July 1 thereafter, according to tile percentage change in the Consumer Price Index all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to au urban consumers (CP1I RU), index base 1982- 84=100, comparing May of the previous year to, May of the current ye.ar. 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 Po'licy in any manner, Service Provider shall pay to City a fine of $500 and shall pay to any employee providing Services under thl.s Agreement a penalty of three times the amount or value of the compen.sation owed to such employee under th,e Living Wage Po'licy. Service Provider shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or desl:gnee provides written notice to Service Provider of the amount owed.
Agreement No. 32600066
132
EXHIBIT F
GENERALSERVICES AGREEMENT
(City of Oxnard and Eurofins Eaton Analytical, LLC)
PREVAILING WAGE
1. Servi,oe Provider acknowledges that the Project defined' in the Agreement between Service Pro-v·der 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 rec.eipt 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 Provide shall comp·Jy with and be bound by th"e pr-ov1sions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to- pay prevailing wages. Service Provide•r shaB, 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'� determined prevailing rates for the work or craft in which the worker ls employed pursuant to this Agreement by Service Provider or .any subcontractor. The Labor Gommissioner shall determfne 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 Agreement No. 32600066
133
its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
7. Service Provider may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, Service Provider must immediately notify City.
8. Service Pr.avider is not qualified to bid 10n. be listed in a Bfdl pmposal, or engage in Ute performance of any contract for public work 1 as defined tn Labor Code Sections 1720 through 1861 unless currently reg:istered and qualified to perform public work pursuant to Labor Code Section 1725.5. Service Provider shall continue without interruption to sta.y registered and quallified to perform public work pursuant to Section 1725.5 for the duration of the tem, of this Agreement. This provr.sion 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 penaUies for workers who work excess hours. Service Provider shall, as a penalty to City, forfeit $2.5 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 requir-ed or pe.rr:nitte.d to work more than 8 hours in any calendar day and 40 hours m any one calendar week in violation •Of the provisions of Division 2, Part 7, Chapter 1 , Article 3 of the Labor Code. Pursuan to Labor Code Section 1815, work performed by Service Provide '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 exces.s 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 Agreement No. 32600066
134
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
135
EXHIBIT G
GENERAL SERVICES AGREEMENT
(City of Oxnard and Eurofins Eaton Analy
tical, LLC)
IRAN CONT
RACTING ACT CERTIFICATION
Agreement No. 32600066
136
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)
137
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)
138
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)
139
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)
140
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)
141
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)
142
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)
143
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)
144
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)
145
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)
146
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)
147
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)
148
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)
149
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)
150
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)
151
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)
152
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)
153
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)
154
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)
155
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)
156
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)
157
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. H.6
DATE: September 2, 2025
TO: City Council
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.
RECOMMENDATION
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.
(Public Works and Transportation Committee approved 3-0 on July 22, 2025)
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:
TSG Enterprise MVN & Associates MNS Engineers
Comprehensive Housing Services Joseph Garcia DBA
Casamar Group
Crede Construction Advisory
158
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.
COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 3-0 on July 22, 2025 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Morgan Kessler, City Engineer
ATTACHMENTS
1. Agreement No. 32600021
2. Prior Agreement Rate Sheet
159
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.
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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.