ANNOTATED AGENDA
Antioch City Council
SPECIAL AND REGULAR MEETING
Including the Antioch City Council acting as
Housing Successor to the Antioch Development Agency
Date: Tuesday, January 9, 2024
Time: 5:30 P.M. – Special Meeting/Work Session
6:00 P.M. – Closed Session
7:00 P.M. – Regular Meeting
Place: Council Chambers
200 ‘H’ Street
Antioch, CA 94509
City Council meetings are televised live on Comcast channel 24, AT&T U-verse channel 99, or live stream (at www.antiochca.gov). Please see the inside cover for detailed Speaker Rules.
PLEASE TURN OFF CELL PHONES BEFORE ENTERING COUNCIL CHAMBERS.
Lamar Thorpe, Mayor Ellie Householder, City Clerk
Monica E. Wilson, Mayor Pro Tem (District 4) Lauren Posada, City Treasurer Tamisha Torres-Walker, Council Member District 1
Michael Barbanica, Council Member District 2 Kwame P. Reed, Acting City Manager Lori Ogorchock, Council Member District 3 Thomas Lloyd Smith, City Attorney
ACCESSIBILITY: In accordance with the Americans with Disabilities Act and California law, it is the policy of the City of Antioch to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including individuals with disabiliti es. If you are a person with a disability and require information or materials in an appropriate alternative format; or if you require any other accommodation, please contact the ADA Coordinator at the number or address below at least 72 hours prior to the meeting or when you desire to receive services. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility. The City’s ADA Coordinator can be reached @ Phone: (925) 779-6950, and e-mail: [email protected].
ANTIOCH CITY COUNCIL -1- JANUARY 9, 2024
Notice of Availability of Reports
This agenda is a summary of the actions proposed to be taken by the City Council. For almost every agenda item, materials have been prepared by the City staff for the Council's consideration. These materials include staff reports which explain in detail the item before the Council and the reason for the recommendation. The materials may also include r esolutions or ordinances which are proposed to be adopted. Unless otherwise noted, City Council actions include a determination that the California Environmental Quality Act (CEQA) does not apply. The Council meets regularly on the second and fourth Tuesdays of the month at 7:00 p.m., with Closed Sessions often occurring before or after the regular meeting. City Council Agendas, including Staff Reports are posted onto our City’s Website 72 hours before each Council Meeting. To be notified when the agenda packets are posted onto our City’s Website, simply click on this link: Notifications – City of Antioch, California (antiochca.gov) and enter your e-mail address to subscribe. To view the agenda information, click on the following link: City Council – City of Antioch, California (antiochca.gov) . Questions may be directed to the staff member who prepared the staff report, or to the City Clerk's Office, who will refer you to the appropriate person.
Notice of Opportunity to Address Council
The public has the opportunity to address the City Council on each agenda item. To address the Council, fill out a Speaker Request form and place in the Speaker Card Tray near the City Clerk before the meeting begins. This will enable us to call upon you to speak. Comments regarding matters not on this Agenda may be addressed during the "Public Comments" section. No one may speak more than once on an agenda item or during “Public Comments”. The Speaker Request forms are located at the entrance of the Council Chambers. Please see the Speaker Rules on the inside cover of this Agenda.
5:30 P.M. ROLL CALL – SPECIAL MEETING – for Council Members – All Present
PLEDGE OF ALLEGIANCE
WORK SESSION
SM-1. DISCUSSION ITEM: TOOLS FOR ADDRESSING SUBSTANDARD PROPERTIES Received informational presentation
Recommended Action: It is recommended that the City Council discuss, receive public comments, and provide direction to staff.
6:06 P.M. MOTIONED TO ADJOURN SPECIAL MEETING/WORK SESSION, 5/0
6:07 P.M. ROLL CALL – CLOSED SESSION – for Council Members – All Present
PUBLIC COMMENTS for Closed Session – None
CLOSED SESSION:
1) PUBLIC EMPLOYMENT – RECRUITMENT OF CITY MANAGER . This closed session is authorized pursuant to California Government Code section 54957(b).
Direction provided to City Attorney and Human Resources Director
ANTIOCH CITY COUNCIL -2- JANUARY 9, 2024
CLOSED SESSION – Continued
2) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Initiation of litigation pursuant to California Government Code section 54956.9(c): Nine Cases.
Direction provided to City Attorney
6:08 P.M. MOTIONED TO ADJOURN TO CLOSED SESSION
7:11 P.M. ROLL CALL – REGULAR MEETING – for City /City Council Members acting as Housing Successor to the Antioch Development Agency – All Present
PLEDGE OF ALLEGIANCE
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
1. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
• DR. MARTIN LUTHER KING JR. – DAY OF SERVICE, January 15, 2024
2. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
➢ SALES TAX CITIZENS’ OVERSIGHT COMMITTEE
PUBLIC COMMENTS – Members of the public may comment only on unagendized items.
The public may comment on agendized items when they come up on this Agenda.
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
MAYOR’S COMMENTS
3. PRESENTATION – Friends of the Library, presented by Walter Ruehlig Mr. Ruehlig not present at meeting – no presentation received
ANTIOCH CITY COUNCIL -3- JANUARY 9, 2024
4. CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency
A. APPROVAL OF COUNCIL MEETING MINUTES FOR NOVEMBER 28, 2023 Approved, 5/0
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.
B. APPROVAL OF COUNCIL MEETING MINUTES FOR DECEMBER 12, 2023 Continued, 5/0
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.
C. APPROVAL OF COUNCIL WARRANTS
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the warrants.
D. APPROVAL OF HOUSING SUCCESSOR WARRANTS
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the warrants.
E. LEASE AGREEMENT FOR REAL PROPERTY LOCATED AT 1915 D STREET (APN 067- 264-009)
Reso No. 2024/01 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution authorizing the Acting City Manager to execute a Lease
Agreement for Real Property with R.E.A.C.H Project Inc., for property located at 1915 D Street, Antioch, CA (APN 067 -264- 009).
F. RESOLUTION OF SUPPORT FOR A TRANSPORTATION DEVELOPMENT ACT GRANT
FOR SCHOOL ZONE IMPROVEMENTS AT MARSH ELEMENTARY AND JOHN MUIR ELEMENTARY (P.W. 124-3)
Reso No. 2024/02 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt the Resolution of Support and authorize the filing of a grant application to Metropolitan Transportation Commission requesting an allocation of Transportation Development Act Article 3 Pedestrian/Bicycle project funds in the amount of $100,000 for school zone improvements at Marsh Elementary School and John Muir
Elementary School.
ANTIOCH CITY COUNCIL -4- JANUARY 9, 2024
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
G. FORMATION OF A COMMUNITY FACILITIES DISTRICT FOR THE DECA EAST 18TH
STREET COMMERCIAL PROJECTS
Reso No. 2024/03 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Authorizing the California Statewide Communities
Development Authority to form a Community Facilities District within the City of Antioch to finance certain public
improvements;
2) Incorporating a Joint Community Facilities Agreement setting forth the terms and conditions of the Community Facilities District financing;
3) Approving an acquisition agreement between the City and the Developer or its assignee; and
4) Authorizing City staff to cooperate with California Statewide Communities Development Authority and its consultants in connection with the Community Facilities District formation and financing.
H. FIRST AMENDMENT TO THE AGREEMENT WITH TERRACARE ASSOCIATES FOR
LANDSCAPE MAINTENANCE SERVICES
Reso No. 2024/04 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Rescinding the prior first amendment approved by the City Council on August 22, 2022, to the Agreement with Terracare Associates for Landscape Maintenance Services;
2) Approving the first amendment to the agreement with
Terracare Associates for Landscape Maintenance Services in the amount of $258,444 for a total amount of $6,305,674; and
3) Authorizing the Acting City Manager or designee to execute the first amendment in a form approved by the City Attorney.
ANTIOCH CITY COUNCIL -5- JANUARY 9, 2024
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
I. CONSIDERATION OF BIDS FOR VARIOUS ASPHALT SERVICE CUT REPAIRS Reso No. 2024/05 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Awarding a maintenance services agreement to the lowest, responsive, and responsible bidder, G & S Paving for various asphalt service cut repairs, in the amount of $1,745,184.00, with the option to extend for two years in an amount of $1,155,500 with an additional $100,000 contingency per fiscal year for a five -year total compensation not to exceed
$3,400,684.00; and
2) Authorizing the Acting City Manager or designee to execute the agreement with G & S Paving for a total amount not to exceed $3,400,684.00 in a form approved by the City Attorney.
COUNCIL REGULAR AGENDA
5. ADOPT A RESOLUTION AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO
A PROFESSIONAL SERVICES AGREEMENT WITH SHIELD PROTECTION & PUBLIC SAFETY, INC., DBA SPEARHEAD PROTECTION FOR PRIVATE SECURITY SERVICES
OF CITY -OWNED ASSETS AND PARKING LOTS IN THE RIVERTOWN/DOWNTOWN AREA, FOR AN AMOUNT NOT TO EXCEED $50,000 IN FISCAL YEAR 2023 -24 AND $100,000 IN FISCAL YEAR 2024-25
Reso No. 2024/06 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution authorizing the Acting City Manager to enter into a professional services agreement with Shield Protection & Public Safety, Inc., DBA Spearhead Protection, for private security services of City - owned assets and parking lots in the Rivertown/Downtown area for an amount not to exceed $50,000 in Fiscal Year 2023-24 and $100,000 in Fiscal Year 2024-25.
ANTIOCH CITY COUNCIL -6- JANUARY 9, 2024
PUBLIC COMMENTS
STAFF COMMUNICATIONS
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS – Council Members report out various activities and any Council Member may place an item for discussion and direction on a future agenda. Timing determined by Mayor and Acting City Manager – no longer than 90 days.
MOTION TO ADJOURN – After Council Communications and Future Agenda Items, the Mayor will make a motion to adjourn the meeting. A second motion is required, and then a majority vote is required to adjourn the meeting.
Motioned to adjourn meeting at 8:17 p.m., 5/0
BOARD / COMMISSION / COMMITTEE
VACANCY ANNOUNCEMENTS
Phone: (925) 779-7009 OFFICE OF THE CITY CLERK 200 H Street/P.O. Box 5007 [email protected] Antioch, CA. 94531-5007
https://bit.ly/COA-BC23 A ntiochIsOpportunity.com
The City of Antioch encourages residents to become involved in their local community. One way to do so is to serve on one of the various Boards, Commissions, and Committees. Any interested resident is invited to apply for the following vacancies by theDeadline Date on Friday, January 12, 2024.
One (1) Vacancy, expiring March 2024
One (1) Vacancy, expiring March 2026
To be considered for the vacancy position(s) listed above, https://bit.ly/COA-BC23. Printed applications are also available at Antioch City Hall, 200 H Street, Antioch, CA.
Please return the completed application by the deadline date listed above, by email to: [email protected].
You can also drop off the application (Attn: City Clerk), in the water billing drop-off box outside Antioch City Hall.
Your interest and desire to serve our community
can make a difference.
#2
OMMITTEE
One (1) Vacancy, expiring March 2024
( ) Vacanc, expiring March 2026
eadline Date: y 5:00 p.m., 2, 202
The City of Antioch encourages residents to become involved in their local community. One way to do so is to serve on various commissions, boards, and committees. Any interested resident is encouraged to apply.
Purpose:
how the funds are
programs; ensuring water quality/safety; repairing streets; cleaning up parks/illegal dumping; restoring youth afterschool/summer programs; and other essential services. Each year, an independent auditor shall complete a public audit report of the revenue raised and its expenditure.
the City Council at a public meeting before April 1 of each year. Any written report shall be a matter of public record.
Committee Seats:
Seven (7) Members, 4-year terms.
Meetings:
The Committee shall meet at least twice a year.
Requirements:
Must be a resident of the City of Antioch.
At least one member of the Committee shall have a financial, accounting or auditing background.
Commissioners are required to submit the Fair Political Practices Commission (FPPC) Form 700 (Statement of Economic Interests) upon assuming office, and every year thereafter.
Commissioners are required to complete a 2-hour online AB1234 Ethics course within one year of their appointment.
Newly appointed and reappointed Members are required to take an Oath of Office administered by the City Clerk.
To be considered for these volunteer position(s), a completed application must be emailed to:
[email protected], or mailed/delivered to the Office of the City Clerk, by the deadline date listed above. Applications are available https://bit.ly/COA-BC23, Community Service Application for:
COMMITTEE
*Required field
One (1) Vacancy, expiring March 2024
( ) Vacanc, expiring March 2026
eadline Date: y 5:00 p.m., 2, 202
APPLICANT INFORMATION Youth 14-17
*Full Name: Main Phone:
( )
Alternate Phone:
( )
*Residence Address:
Antioch, CA
E-mail Address:
Employer/School: Occupation: Resident since:
*PARENT/GUARDIAN INFORMATION (If applicant is age 14-17 years) *Full Name: Main Phone:
( )
Alternate Phone:
( )
*Residence Address:
Antioch, CA
E-mail Address:
*QUESTIONNAIRE
Please answer the questions below on a separate sheet(s) and attach. Applicationswithout these questions answered will not be considered. Please attach your resume (recommended to enhance your application).
1. 2. Do you have a financial or accounting background? If so, please provide details.
3. What skills/experience do you have that would be helpful in serving on this Committee?
4. Please add any other information/comments that would be helpful in reviewing your application. *ACKNOWLEDGEMENTS
My signature below indicates my understanding and acknowledgement that:
*This completed application is available for public review(youth applications are exempt). *I have read and agree to the requirements listed on the Vacancy Announcement. *To the best of my ability,
meetings which meet at least 2 times annually.
Please return completed application by:
Mail to: Office of the City Clerk
P.O. Box 5007, Antioch CA 94531
In Person: Antioch City Hall-
200 H Street, 3rdFloor
Email to: [email protected]
___________________________ _________
*Applicant Signature *Date
___________________________ _________
*Parent/Guardian Signature *Date
(An original, signed application with parent/
guardian signature is required, if a minor)
CITY COUNCIL MEETING
INCLUDING THE ANTIOCH CITY COUNCIL
ACTING AS SUCCESSOR AGENCY/HOUSING SUCCESSOR
TO THE ANTIOCH DEVELOPMENT AGENCY
Regular Meeting November 28, 2023
7:00 P.M. Council Chambers
5:45 P.M. - CLOSED SESSION
Mayor Thorpe called Closed Session to order at 5:45 P.M., and Acting City Clerk Rosales called the roll.
Present: Council/Agency Members District 2 Barbanica, District 3 Ogorchock, District 4 Wilson and Mayor Thorpe
Absent: Mayor Pro Tem (District 1) Torres-Walker (arrived at 5:48 P.M.)
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to California Government Code section 54956.9(d)(1); Justin Nartea v. Pamela Sabedra et al., Contra Costa County Superior Court Case C23-01521.
2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to California Government Code section 54956.9(d)(1); Wade v. City of Antioch, United States District Court for the Northern District of California, Case No. 23-cv-01130-DMR.
3. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to California Government Code section 54956.9(d)(1); Collier Jr. v. City of Antioch, Superior Court for the State of California, Contra Costa County Case No. C22-02806.
PUBLIC COMMENTS
John Trizuto spoke on items that were not on the Closed Session agenda.
ADJOURN TO CLOSED SESSION
Mayor Thorpe adjourned to Closed Session at 5:51 P.M.
CLOSED SESSION Continued
Mayor Thorpe reopened Closed Session at 5:53 P.M., and Acting City Clerk Rosales called the roll.
Present: Council/Agency Members District 2 Barbanica, District 3 Ogorchock, District 4 Wilson, Mayor Pro Tem (District 1) Torres-Walker and Mayor Thorpe
City Attorney Smith introduced the additional Closed Session agenda item. 4A
01-09-24
ANTIOCH CITY COUNCIL
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Regular Meeting
November 28, 2023 Page 2 of 10
4. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS pursuant to California Government Code section 54956.8; Property: 1915 D Street, Antioch, CA; Negotiating Parties: City of Antioch Negotiators: Kwame P. Reed, Acting City Manager and Thomas Lloyd Smith, City Attorney; Negotiating Parties: Mickie Marchetti, Executive Director, R.E.A.C.H. Project; Under Negotiation: Price and terms of payment.
ADJOURN TO CLOSED SESSION
Mayor Thorpe adjourned to Closed Session at 5:53 P.M.
7:00 P.M. REGULAR MEETING
Mayor Thorpe called the meeting to order at 7:02 P.M., and City Clerk Householder called the roll.
Present: Council/Agency Members District 2 Barbanica, District 3 Ogorchock, District 4 Wilson, Mayor Pro Tem (District 1) Torres-Walker and Mayor Thorpe
PLEDGE OF ALLEGIANCE
Mayor Thorpe led the Pledge of Allegiance.
Mayor Thorpe opened the meeting in memory of Contra Costa County Fire Fighter John Martinez and Councilmember Barbanica led a moment of silence.
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
City Attorney Smith reported the City Council had been in Closed Session and gave the following report: #1 CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION, City Council approved a settlement in the amount of $35,000, by a 5/0 vote, #2 CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION, direction was given #3 CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION, direction was given; and, #4 CONFERENCE WITH REAL PROPERTY NEGOTIATIONS, direction was given.
1. PROCLAMATIONS
In Memory of the City of
September 4, 2023
In Memory of Former Council Member Frank L. Stone, April 29, 1927 October 25, 2023
On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica, the City Council unanimously approved the proclamations.
Councilmember Ogorchock memorialized Louise Giersch.
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Regular Meeting
November 28, 2023 Page 3 of 10
Mayor Thorpe declared a recess at 7:09 P.M. during proclamations due to a CCTV technical issue. The meeting reconvened at 7:10 P.M. with all Councilmembers present.
Former Mayor Joel Keller and Barbara Sobalvarro memorialized Louise Giersch and Frank Stone.
2. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
Director of Parks and Recreation Helfenberger announced the following event:
Holiday Delites Celebration - December 2, 2023,
Mayor Thorpe announced the following event:
Healing & Unity + Key to the City Event - November 30, 2023, Antioch Community Center
3. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
City Clerk Householder announced the following Board and Commission opening.
Planning Commission
PUBLIC COMMENTS
Michelle Kuslits, Antioch resident, thanked Council for acknowledging Frank Stone. She discussed staffing needs at the Antioch Animal Shelter and expressed concern for an elected official who was breeding and selling puppies.
Christine Clark and Bre requested Council place a Just Cause for Evictions Ordinance on a future Council agenda.
Martha Goralka, Antioch resident, thanked Council for acknowledging Frank Stone and Louise Giersch, and discussed their contributions to the community.
Julia Emego Kwue, Antioch resident, requested an accounting of subsidies given to the private sector and an update on allegations of police misconduct. She called for the abolishment of the Planning Commission.
Devin Williams reported on his participation in the Thanksgiving turkey give-away.
ANTIOCH CITY COUNCIL
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Regular Meeting
November 28, 2023 Page 4 of 10
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
Councilmember Ogorchock announced she would be attending Cal Cities this week. She requested staff agendize a discussion on theft prevention designs for commercial buildings.
Councilmember Torres-Walker gave an update on the Human Rights and Racial Equity Ad Hoc Committee. She thanked Prison from the Inside Out for providing Thanksgiving food service downtown. She congratulated Mayor Thorpe on the success of the turkey give-away and thanked everyone who met the needs of community members.
Mayor Thorpe reported on the success of the Thanksgiving turkey giveaway and thanked everyone who participated. He stated he looked forward to the Healing & Unity event on November 29, 2023. He encouraged everyone to wear ugly sweaters for the December City Council meeting.
ON MOTION BY COUNCILMEMBER OGORCHOCK, SECONDED BY COUNCILMEMBER
BARBANICA, THE CITY COUNCIL UNANIMOUSLY SUSPENDED THE RULES AND MOVED COUNCIL REGULAR AGENDA ITEMS #5 AND #6 AS THE NEXT ORDER OF BUSINESS.
COUNCIL REGULAR AGENDA
5. VACANCY EXPIRING MARCH 2026
City Clerk Householder announced that Mayor Thorpe nominated Ami Odom to the Sales Tax -term vacancy expiring March 2026, and read her
biography.
RESOLUTION NO. 2023/167
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council unanimously
Committee for the partial-term vacancy expiring March 2026.
6. BOARD OF ADMINISTRATIVE APPEALS APPOINTMENTS FOR ONE VACANCY EXPIRING MARCH 2024 AND ONE VACANCY EXPIRING MARCH 2026
City Clerk Householder announced that Mayor Thorpe nominated Sharif Umair to the Board of Administrative Appeals for the partial-term vacancy expiring March 2024, and read his biography.
RESOLUTION NO. 2023/168
ANTIOCH CITY COUNCIL
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Regular Meeting
November 28, 2023 Page 5 of 10
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council unanimously adopted the resolution appointing Sharif Umair to the Board of Administrative Appeals for the partial-term vacancy expiring March 2024.
City Clerk Householder announced that Mayor Thorpe nominated John Constantine Richelsen to the Board of Administrative Appeals for the partial-term vacancy expiring March 2026, and read his biography.
RESOLUTION NO. 2023/169
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council unanimously adopted the resolution appointing John Constantine Richelsen to the Board of Administrative Appeals for the partial-term vacancy expiring March 2026.
City Clerk Householder administered the Oath of Office to Ami Odom, Sharif Umair, and John Constantine Richelsen.
4. CONSENT CALENDAR for City / City Council Members acting as Successor Agency/Housing Successor to the Antioch Development Agency
A. APPROVAL OF COUNCIL MEETING MINUTES FOR OCTOBER 24, 2023
B. APPROVAL OF COUNCIL MEETING MINUTES FOR NOVEMBER 14, 2023
C. APPROVAL OF COUNCIL WARRANTS
D. APPROVAL OF SUCCESSOR AGENCY WARRANTS
E. APPROVAL OF HOUSING SUCCESSOR WARRANTS
F. ORDINANCE NO. 2235-C-S AND ORDINANCE NO. 2236-C-S SECOND READING
INNOVATIVE HOUSING (IH) OVERLAY DISTRICT AND ACCESSORY DWELLING UNITS (LA2023-0003) (Introduced on November 14, 2023)
G. ORDINANCE NO. 2237-C-S SECOND READING ZONING TEXT AMENDMENTS (LA2023-0004) (Introduced on November 14, 2023)
H. RESOLUTION NO. 2023/170 AMENDMENT TO PURPOSE-BUILT CONTRACT FOR
SAFETY APPAREL, UNIFORMS, AND PERSONAL PROTECTIVE EQUIPMENT
PURCHASES
I. RESOLUTION NO. 2023/171 CONSIDERATION OF A COOPERATIVE AGREEMENT
BETWEEN THE CITY OF ANTIOCH AND THE CONTRA COSTA TRANSPORTATION
AUTHORITY FOR THE ANTIOCH BICYCLE GARDEN PROJECT FUNDED IN PART
BY A SAFE STREETS AND ROADS FOR ALL GRANT
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November 28, 2023 Page 6 of 10
J. RESOLUTION NO. 2023/172 CONSIDERATION OF BIDS FOR THE CONTRA LOMA ESTATES PARK RENOVATION (P.W. 298-P3)
K. RESOLUTION NO. 2023/173 AUTHORIZATION TO RESPOND TO REQUEST FOR
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council unanimously approved the Council Consent Calendar with the exception of items C, F, G, I and J.
Item C It was determined that this item was pulled from the Consent Calendar in error.
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council unanimously approved Item C.
Item G - It was determined that this item was pulled from the Consent Calendar in error.
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council unanimously approved Item G.
Item F Andrew Becker suggested rewriting the ordinance to include waiving development fees for affordable housing developers building under 60 percent AMI.
Julia Emego Kwue spoke in opposition to the ordinance.
In response to Councilmember Barbanica, City Attorney Smith clarified that Council could approve the ordinance and if it was determined that the City could waive developer fees, that item could be brought back as an ordinance amendment.
Acting Planning Manager Merideth explained by state law there were no development fees for accessory dwelling units under 750 square feet and those over 750 square feet had to be proportional to a single-family home. She noted that formula was included in the ordinance.
She further noted if Council wanted to look at waiving developer fees on a broader scale, that item could be brought back for discussion at a future date.
Councilmember Torres-Walker supported Council holding a discussion on waiving developer fees for affordable housing.
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council unanimously adopted an ordinance amending Title 9, Chapter 5 of the Antioch Municipal Code to implement State legislation regarding Accessory Dwelling Units and to permit multiple Accessory Dwelling Units in the Innovative Housing (IH) Overlay District.
ANTIOCH CITY COUNCIL
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Regular Meeting
November 28, 2023 Page 7 of 10
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council unanimously adopted an ordinance to rezone 33 parcels to include an IH Overlay District.
Item I Addison Peterson spoke in support of the bicycle garden project and the Contra Loma Estates Park renovation.
Andrew Becker expressed concern for the location of the bicycle garden project and questioned if it met the intent of the grant.
Julia Emego Kwue spoke in opposition to the bicycle garden project.
Mayor Thorpe clarified that this item was related to a grant from the federal government and restricted for a specific use. He explained that the location was chosen through a community engagement process.
In response to Councilmember Ogorchock, Director of Parks and Recreation Helfenberger commented that once the agreement was executed, they would be working with CCTA to begin public outreach for the design process.
Councilmember Torres-Walker expressed concern that most projects were not accessible to residents of Districts 1 and 2. She spoke in support of hiring a grant writer to bring in more opportunities for meeting the needs of those residents.
Councilmember Barbanica questioned if there was a possibility of splitting the grant funds for smaller versions of the same project in both south and north Antioch.
Mayor Thorpe responded that it was too late to change the project and provided a history of the park location selection process.
Councilmember Torres-Walker discussed the importance of advocating for increased transportation opportunities for Districts 1 and 2.
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council unanimously approved Item I.
Item J Julia Emego Kwue suggested creating a structure for housing the homeless in the park.
Andrew Becker encouraged the City to create access to the park from surrounding communities by installing a well-lit and safe pedestrian bridge over the creek.
Councilmember Ogorchock requested staff build contingencies into projects in the event there are overruns in the future.
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Regular Meeting
November 28, 2023 Page 8 of 10
Councilmember Torres-Walker expressed concern that neighborhood parks lacked bathrooms.
She spoke in support of the project and noted in the future she hoped Council would discuss accessibility to the park from the adjacent community.
On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker, the City Council unanimously approved Item J.
Mayor Thorpe declared a recess at 8:59 P.M. The meeting reconvened at 9:05 P.M. with all Councilmembers present.
7. RESOLUTIONS APPROPRIATING EXPENDITURES FOR ENCUMBRANCES AND PROJECT BUDGETS OUTSTANDING TO THE 2023/24 FISCAL YEAR BUDGET AND APPROVING OTHER AMENDMENTS TO THE 2023/24 AND 2024/25 FISCAL YEAR
BUDGETS
Finance Director Merchant presented the staff report dated November 28, 2023 recommending the City Council adopt the following resolutions: 1) Resolution of the City Council of the City of Antioch appropriating expenditures for encumbrances and project budgets outstanding to the 2023/24 fiscal year budget and approving other amendments to the 2023/24 and 2024/25 fiscal year budgets.2) Resolution of the City Council of the City of Antioch approving amendments to the 2023/24 and 2024/25 fiscal year budgets for items considered at the meeting of November 28, 2023.
Andrew Becker expressed concern regarding one-time revenues were being considered for Water Park maintenance items and offered suggestions for City expenditures.
Julia Emego Kwue requested additional data pertaining to expenditures and offered suggestions for budget revisions.
Following discussion on street sweeping services, Council consensus supported retaining the proposed budget amendments for additional street sweeping services.
RESOLUTION NO. 2023/174
On motion by Councilmember Barbanica, seconded by Councilmember Torres-Walker, the City Council unanimously adopted the resolution of the City Council of the City of Antioch appropriating expenditures for encumbrances and project budgets outstanding to the 2023/24 fiscal year budget and approving other amendments to the 2023/24 and 2024/25 fiscal year budgets.
Following discussion of the additional budget items for consideration, Council consensus supported funding the Sister City Expenses, July 4th Event and Water Park Needs. They also supported revisiting the additional items for consideration at a future meeting.
ANTIOCH CITY COUNCIL
SUCCESSOR AGENCY/HOUSING SUCCESSOR
Regular Meeting
November 28, 2023 Page 9 of 10
RESOLUTION NO. 2023/175
On motion by Councilmember Barbanica, seconded by Councilmember Ogorchock, the City Council unanimously adopted the resolution of the City Council of the City of Antioch approving amendments to the 2023/24 and 2024/25 fiscal year budgets for the following projects:
Sister City Expenses $50,000
July 4th Event $110,000
Water Park Needs - $1,579,605
Councilmember Barbanica thanked Finance Director Merchant for working on the budget.
PUBLIC COMMENT
Andrew Becker discussed the importance of creating safe spaces for the unhoused.
STAFF COMMUNICATIONS
Acting City Manager Reed announced the City would be hosting the MConference on January 4, 2024
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS
Councilmember Barbanica reiterated a previous request for a smoke shop ordinance amendment that would allow owners to sell or will their businesses to others.
Councilmember Torres-Walker wished everyone a Happy Holiday and announced she would be unable to attend the December City Council meeting. She thanked everyone who participated in the meeting this evening. She requested the following items be agendized for a future City Council meeting:
Update on the 6-month agenda item request list.
Just Cause for Eviction Ordinance.
Consideration of waiving all development fees for developers committed to building housing under 60 percent AMI.
Potential acquisition of the Golf and Games property for community services and housing for the unhoused.
Tri Delta Transit route presentation with the goal to improve public transportation needs.
Discussion on parking and security at the Antioch Marina.
Mayor Thorpe reminded Council to wear their ugly sweaters to the next Council meeting.
ANTIOCH CITY COUNCIL
SUCCESSOR AGENCY/HOUSING SUCCESSOR
Regular Meeting
November 28, 2023 Page 10 of 10
ADJOURNMENT
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council unanimously adjourned the meeting at 10:10 P.M.
Respectfully submitted:
Kitty Eiden
KITTY EIDEN, Minutes Clerk
- -2
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
SUBMITTED BY:
SUBJECT:
RECOMMENDED ACTION
FISCAL IMPACT
DISCUSSION
ATTACHMENT
4C______________
4D______________
E
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of January 9, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Kwame P. Reed, Acting City Manager
SUBJECT: Lease Agreement for Real Property Located at 1915 D Street (APN 067-264-009)
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution authorizing the Acting City Manager to execute a Lease Agreement for Real Property with R.E.A.C.H Project Inc., for property located at 1915 D Street, Antioch, CA (APN 067-264-009).
FISCAL IMPACT
The leasing of the City-owned property will generate $10 of rental income for the next 10- year lease term.
DISCUSSION
R.E.A.C.H. Project Inc. (“REACH”) was founded in 1970 by numerous community members to provide services and resources to local youths. REACH’s core services include behavioral health services, youth treatment, and education.
The original lease was entered into on April 13, 2004 and renewed for a second term on February 25, 2014. The original lease term was for ten (10) years with a ten-year extension that expires on February 24, 2024. Because REACH is a not-for-profit organization and provides services and resources to the youth and families of the youth being served in Antioch, staff is recommending the City Council accept the proposed lease renewal for another 10-year term at $1 (One-Dollar) per year.
A new lease agreement will be prepared in a form approved by the City Attorney and entered into prior to the expiration of the current lease, upon City Council approval.
ATTACHMENTS
A. Resolution
B. 2004 REACH Lease Agreement
C. 2014 REACH Lease Agreement
RESOLUTION NO. 2024/XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH AUTHORIZING
THE ACTING CITY MANAGER TO EXECUTE A LEASE AGREEMENT FOR REAL PROPERTY WITH R.E.A.C.CH. PROJECT INC., FOR PROPERTY LOCATED AT 1915 D STREET (APN 067-264-009)
WHEREAS, R.E.A.C.H. Project Inc. (“REACH”), has provided services and resources to local youth and their families since it was founded in 1970; WHEREAS,REACH has occupied the building at 1915 D Street since the founders of the program utilized community volunteers to renovate the blighted structure; WHEREAS, REACH is not-for-profit organization that provides behavioral health services, youth treatment, and education to Antioch youth and their families; WHEREAS, REACH entered into a lease agreement with the City on April 13, 2004, that included an original 10-year term with a ten-year (10) extension that expires on February 24, 2024;
WHEREAS, REACH has requested to enter into a new ten-year (10) Lease Agreement at an amount of One Dollar ($1) per year; and WHEREAS, the City will collect Ten Dollars ($10) upon the execution of the Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby authorizes the Acting City Manager to execute a Lease Agreement for Real Property with R.E.A.C.H Project Inc., for property located at 1915 D Street (APN 067- 264-009) in a form approved by the City Attorney.
* * * * * * * * * *
I HEREBY CERTIFYthat the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 9th day of January, 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
RESOLUTION NO. 2024/XX
January 9,2024
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
5 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of January 9, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Kwame P. Reed, Acting City Manager
SUBJECT: Adopt a Resolution Authorizing the Acting City Manager to Enter into a Professional Services Agreement with Shield Protection & Public Safety, Inc., DBA Spearhead Protection for Private Security Services of City-Owned Assets and Parking Lots in the Rivertown/Downtown Area, for an Amount Not to Exceed $50,000 in Fiscal Year 2023-24 and $100,000 in Fiscal Year 2024-25
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution authorizing the Acting City Manager to enter into a professional services agreement with Shield Protection & Public Safety, Inc., DBA Spearhead Protection, for private security services of City-owned assets and parking lots in the Rivertown/Downtown area for an amount not to exceed $50,000 in fiscal year 2023-24 and $100,000 in fiscal year 2024-25.
FISCAL IMPACT
Sufficient funding is available in the City Manager’s department adopted 2023-25 General Fund budget.
DISCUSSION
Over the past 18-24 months, Rivertown/Downtown business owners and their customers have experienced an increase in criminal activities either on or near city-owned public parking lots. In late 2022, a group of business owners began working with City staff on identifying viable solutions to improve the safety of the Rivertown/Downtown area. In addition to several of the businesses hiring their own private security, one proposed solution consisted of the City hiring a private security firm to monitor City-owned assets and parking lots. The security service provider would function as a visual deterrent and would have the ability to identify potential safety issues and report those issues to Antioch Police.
Antioch City Council Report
January 9, 2024 Agenda Item 5 2
At their December 13, 2022 Council Meeting, the Antioch City Council gave direction to the staff to issue a request for qualifications (“RFQ”) for private security services.
Unfortunately, a series of staff changes resulted in the RFQ being issued a total of three times. On September 22, 2023, eight private security companies submitted their qualifications for consideration. Staff has determined the best qualified company for this effort is Spearhead Protection.
Spearhead Protection is an Antioch-based company that has worked with public and private clients throughout the state. The provided security service will include 7 hours of security between 5pm and midnight, seven (7) days a week including holidays.
Spearhead Protection will provide one uniformed security guard that will patrol the Rivertown/Downtown area in a marked security vehicle performing checks at nine locations in the area.
Staff is requesting authorization to enter into a professional services agreement with Spearhead Protection for the remainder of the 2023-24 fiscal year and the entire 2024- 25 fiscal year. If approved, the Acting City Manager will execute an agreement with Spearhead Protection in a form approved by the City Attorney.
ATTACHMENTS
A. Resolution
B. RFQ for Private Security Services of City-Owned Assets and Parking Lots
ATTACHMENT “A”
RESOLUTION NO. 2024/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH AUTHORIZING
THE ACTING CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT WITH SHIELD PROTECTION & PUBLIC SAFTEY, INC, DBA
SPEARHEAD PROTECTION FOR PRIVATE SECURITY SERVICES OF CITY-
OWNED ASSETS AND PARKING LOTS IN THE RIVERTOWN/DOWNTOWN AREA FOR AN AMOUNT NOT EXCEEDUBF $50,000 FOR FISCAL YEAR 2023-24 AND $100,000 FOR FISCUAL YEAR 2024-25
WHEREAS, on December 13, 2022, the Antioch City Council directed staff to issue a request for qualifications (“RFQ”) for private security patrol services in the Rivertown/Downtown area to address the growing concerns of business owners related to increased criminal activity;
WHEREAS, the City desires to hire a private security company that would function as a visual deterrent and would have the ability to identify potential safety issues and report those issues to the Antioch Police Department from their monitoring of City-owned assets and parking lots;
WHEREAS, on September 22, 2023, eight private security companies submitted their qualifications for consideration; and
WHEREAS, staff has determined the best qualified company for this effort is Spearhead Protection.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby authorizes the Acting City Manager to enter into Professional Services Agreement with Shield Protection & Public Safety, Inc., DBA Spearhead Protection, for private security services of City-owned assets and parking lots in the Rivertown/Downtown area for an amount not to exceed $50,000 in fiscal year 2023-24 and $100,000 in fiscal year 2024-25 in a form approved by the City Attorney.
* * * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 9th day of January 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
City of Antioch | City Manager’s Office
Request for Qualifications – Private Security Services
REQUEST FOR QUALIFICATIONS (RFQ)
for Private Security Services
Downtown/Rivertown
City Owned Assets and Parking Lots
Submission Deadline:
Friday, September 22, 2023, at 3:00PM
CITY OF ANTIOCH | CITY MANAGER’S OFFICE
200 H Street, 3RD Floor, Antioch, CA 94509 | (925) 779-7011 Attention: Kwame P. Reed, Acting City Manager
City of Antioch | City Manager’s Office
Request for Qualifications – Private Security Services
INTRODUCTION
The City of Antioch (“City”) owns several developed and undeveloped properties and other real property assets in and around Downtown Antioch, also known as Rivertown. Over recent months, Downtown business owners have informed the City of increased criminal property damage caused, in part, by unsecured public parking lots. The City desires to engage a private security contractor to provide security patrol services for these public parking lots to discourage criminal activity.
This Request for Proposal may be obtained online at https://www.antiochca.gov/rfps/ . All interested firms shall submit five (5) copies of their Statement of Qualifications to the City Manager’s office no later than 3:00 p.m. on September 22, 2023. All responses must be addressed to the attention of the Acting City Manager and marked on the outside, "Response for Private Patrol Security Services." Submittals that are not received at the designated address on or before the specified deadline will not be accepted.
Any questions or requests regarding this RFQ may be submitted electronically to Kwame Reed, Acting City Manager at [email protected].
Below is a proposed schedule for this RFQ for Private Security Services. The City of Antioch reserves the right to alter the following schedule as necessary.
Event Proposed Timeline
RFQ Issued September 1, 2023
Qualification Due September 22, 2023, at 3:00 pm
Initial Review September 25 -29, 2023 /subject to change Interviews (tentative, if necessary) Week of September 25-29, 2023 Announcement of Selected Provider
(Post City Council Approval) Week of October 9-13, 2023
BACKGROUND
Antioch has a history that starts before California became a state. The area was originally settled in the late summer of 1850 and incorporated as a City in 1872. Located on the banks of the San Joaquin
City of Antioch | City Manager’s Office
Request for Qualifications – Private Security Services
River and being the second largest City in Contra Costa County with a population of over 115,000; the City offers endless outdoor activities and is a thriving business hub.
Families with dreams of homeownership come to Antioch for its beautiful neighborhoods, parks, and natural beauty. Land remains plentiful and affordable, compared with other parts of the Bay Area. Antioch is one of the few Bay Area communities that offers naturally affordable housing. The pace of development in Antioch has spurred activity for the healthcare industry, financial and insurance institutions, contractors, and other types of businesses. Increased development has created increased employment in schools, hospitals, and other local service sectors. Bringing quality jobs to Antioch is one of the City Council and Communities priorities.
The City of Antioch was incorporated in February 1872 as a General Law City and operates under a Council-Manager form of government. Policymaking and legislative authority is vested in a five- member City Council consisting of a Mayor and four Council Members. The four Council Members are elected to four-year overlapping terms. The Mayor is directly elected to a four-year term. The Council appoints the City Manager, City Attorney, and members of advisory committees.
Antioch is a community that is proud of its heritage; a community that provides an opportunity to live, learn, work, worship and play in a safe, stimulating, and diverse community; a community that is a responsible steward of its economic and natural resources; a community that recognizes its responsibility to the vast Delta Region, and will be a pro-active advocate and a leader in promoting regional cooperation.
SCOPEOF SERVICES
The objective of this Request for Qualification (RFQ) process is to establish a list of qualified private patrol security service providers to provide private patrol security services for City-owned public parking lots located in Downtown Antioch. A map of these facilities is attached. The patrol is expected to be actively engaged in patrol from 10:00 pm to 6:00 am daily.
The consultant or the City may propose additional tasks as deemed necessary to complete the assignments. Any additional work shall be compensated as agreed upon in the consultant’s contract with the City.
City of Antioch | City Manager’s Office
Request for Qualifications – Private Security Services
SUBMISSIONREQUIREMENTS
All proposals should be concise, to the point, and should include the following information organized as separate sections of the proposal.
I. Letter of Interest.
All proposals shall be accompanied by a letter addressed to Kwame Reed, Acting City Manager, signed by an officer authorized to commit firm resources. The letter shall include the following:
a. The name of the proposing firm, the primary contact, mailing and physical address, telephone number and email address.
b. Cover letter stating interest in the work and whether the consultant provides services related to state government, federal government, or both. c. Certification that (1) all information submitted in the proposal is true and correct, (2) the person signing the proposal has the full authority to do so on behalf of the firm, (3) the fees proposed have not been knowingly disclosed, directly or indirectly, to any other firm responding to this RFQ, and (4) no attempt has been made by the proposing firm to induce any other company to submit or not submit a response to this RFQ for the purpose of restricting competition.
II. Previous Experience.
Statement of previous experience and expertise, including a minimum of three other local governments for which Proposer has provided similar services. Provide clear and concise description of relevant experience and expertise of the firm and the qualifications of the individuals that would perform both the requested and required work, including all applicable education, experience, licenses, and professional designations.
III. Staffing and Qualifications
Names and qualifications of key personnel assigned to this project, including resumes.
Names of qualified subcontractors, if any, including resumes of key subcontractor personnel.
IV. References
All proposals shall include a minimum of three client references, with at least one reference being a recent municipal client. References should include the client’s name, contact person, mailing address, telephone number and email address.
City of Antioch | City Manager’s Office
Request for Qualifications – Private Security Services
V. Professional Services Agreement; Exceptions to the Specifications Provide a statement that Proposer has reviewed the City’s standard Professional Services Agreement (Attachment 1) and is able to meet the requirements in the Agreement with specific attention to the insurance requirements. Untimely exceptions to the proposal specifications or the Professional Services Agreement are waived.
VI. Fee Proposal
All proposals shall include a detailed explanation of the fees and costs to be charged to the City for the services described in this RFQ. Please note that travel time to Downtown Antioch or other deployment must be called out specifically if anticipated.
EVALUATION PROCESS
Proposals will be evaluated in accordance with the criteria outlined in the section entitled Submission Requirements. Proposals will be evaluated for specificity, completeness, personnel qualifications, and demonstrated knowledge and experience as described in the section entitled Scope of Services.
Phases of Evaluation. Proposals will be reviewed by committee in four general phases:
a. All proposals will be evaluated based on the submission requirements and criteria. b. The Committee shall rate and compose a short list of Providers based on the submission requirements and criteria.
c. Fee proposals will be reviewed and evaluated.
d. The Committee may require an interview of Respondents (and key personnel).
The City will select the consultant based on demonstrated competence and on the possession of the professional qualifications necessary for the satisfactory performance of the services required.
The agreement may not necessarily be awarded to the lowest responsible proposer.
When selecting the consultant, the skill and ability of the entity or personnel performing the services is a key component of the selection criteria.
City of Antioch | City Manager’s Office
Request for Qualifications – Private Security Services
OTHERTERMSANDCONDITIONS
I. Reservation of Rights.
The Antioch City Manager’s Office reserves the right to cancel this RFQ, or to reject, in whole or in part, any and all proposals received in response to this RFQ. The Antioch City Manager’s Office, upon its determination, further reserves the right to waive any minor informality in any proposals received, if it is in the public interest to do so. The determination of the criteria and process whereby proposals are evaluated, the decision as to who shall receive a contract award, or whether or not to award, shall be made as a result of the RFQ and at the sole and absolute discretion of the Antioch City Manager’s Office.
II. Payment Terms.
Providers will be required to submit invoices on a monthly basis. The invoice will include a breakdown of all services provided and the hourly rate for such services.
City of Antioch | City Manager’s Office
Request for Qualifications – Private Security Services
ATTACHMENTS
Attachment 1 – Standard Professional Services Agreement Attachment 2 – Facilities Map
Remainder of this page intentionally left blank
City of Antioch | City Manager’s Office
Request for Qualifications – Private Security Services
ATTACHMENT 1
CONSULTING SERVICES/PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF ANTIOCH AND
___________________________________[NAME OF CONSULTANT] THIS AGREEMENT (“Agreement”) is made and entered into this _____ day of _________________, 202___ (“Effective Date”) by and between the City of Antioch, a municipal Corporation with its principle place of business at 200 H Street, Antioch, CA 94509 (“City”) and _____________________________ with its principle place of business at _____________________________ (“Consultant”). City and Consultant individually are sometimes referred to herein as “Party” and collectively as “Parties.” SECTION 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to provide to City the services described in the Scope of Work attached as Exhibit A attached hereto and incorporated herein at the time and place and in the manner specified therein (“Services”). In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on _______________, the date of completion specified in Exhibit A, and Consultant shall complete the Services described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section
8. The time provided to Consultant to complete the Services required by this Agreement shall not affect the City’s right to terminate the Agreement, under Section 8.
1.2 Standard of Performance. Consultant represents that it is experienced in providing these services to public clients and is familiar with the plans and needs of City. Consultant shall perform all Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform Services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of Services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.
SECTION 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed ______________________, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for Services rendered pursuant to this Agreement at the time and in the manner set forth below. The payments specified below shall be the only payments from City to Consultant for Services rendered pursuant to this Agreement. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the Services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of
City of Antioch | City Manager’s Office
Request for Qualifications – Private Security Services
contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services; and,
The Consultant’s signature.
2.2 Payment Schedule.
2.2.1 City shall make incremental payments, based on invoices received, [according to the payment schedule attached as Exhibit B and incorporated herein], for Services satisfactorily performed, in accordance with the requirements of this Agreement, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements of Section 2.1 to pay Consultant.
2.2.2 City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City a final invoice, if all services required have been satisfactorily performed.]
2.3 Total Payment. City shall pay for the Services to be rendered by Consultant pursuant to this Agreement.
City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering Services pursuant to this Agreement, unless expressly provided for in Section 2.5.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule in Exhibit B.
2.5 Reimbursable Expenses.Reimbursable expenses are specified below, and shall not exceed ______________________________________________ ($ ). Expenses not listed below are not chargeable to City.
Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
Reimbursable Expenses are:
___________________________
City of Antioch | City Manager’s Office
Request for Qualifications – Private Security Services
2.6 Payment of Taxes.Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.7 Authorization to Perform Services. The Consultant is not authorized to perform any Services or incur any costs whatsoever under the terms of this Agreement until Consultant receives authorization to proceed from the Contract Administrator.
SECTION 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the Services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Insurers shall have an AM Best rating of no less than A:VII unless otherwise accepted by the City in writing:
4.1 Commercial General Liability (CGL). Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. If Consultant’s services include work within 50 feet of a railroad right of way, the Consultant shall have removed any exclusion on their liability policy limiting coverage for work near a railroad, or shall provide a Railroad Protective Liability policy in favor of the City. Limits for such coverage shall be no less than $5,000,000.
4.2 Automobile Liability Insurance. ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
4.3 Workers' Compensation Insurance. Workers’ Compensation Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4.4 Professional Liability (Errors and Omissions).Insurance appropriate to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
4.5 Other Insurance Provisions. Unless otherwise specified below, all insurance policies are to contain, or be endorsed to contain, the following provisions:
City of Antioch | City Manager’s Office
Request for Qualifications – Private Security Services
4.5.1 Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used). This requirement shall only apply to the CGL and Automobile Liability Insurance policies specified above.
4.5.2 Primary Coverage. For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. This requirement shall only apply to the CGL and Automobile Liability Insurance policies specified above.
4.5.3 Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
4.5.4 Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. This requirement shall only apply to the CGL, Automobile Liability and Workers’ Compensation/Employer’s Liability Insurance policies specified above.
4.5.5 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
4.5.6 Claims made policies. If any of the required policies provide claims-made coverage:
4.5.6.1 The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
4.5.6.2 Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
4.5.6.3 If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
4.6 Certificate of Insurance and Endorsements. Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
4.7 Subcontractors. Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming additional insureds.
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4.8 Higher Limits. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
4.9 Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.
4.10 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise, any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due to Consultant under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or,
Terminate this Agreement.
SECTION 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably acceptable to City), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
5.1.1 Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.
5.2 By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Section 1.3; however, otherwise City shall not have the right to control the manner or means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including, but not limited to, eligibility to enroll in the California Public Employees Retirement System
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(PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the Services.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, sexual orientation or any other legally protected status, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any Services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Consultant shall include the provisions of this Section in any subcontract approved by the Contract Administrator or this Agreement.
7.6 California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
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If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the full term of this Agreement and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
Consultant may cancel this Agreement only for cause upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for Services performed satisfactorily to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in their sole and exclusive discretion, extend the end date of the term of this Agreement beyond that provided for in Section 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival.All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant.If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
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8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; and/or
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant in which case the City may charge Consultant the difference between the cost to have a different consultant complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance.All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, drawings, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use.
9.2 Confidentiality. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be kept confidential by Consultant. Such materials shall not, without the prior written permission of City, be used by Consultant for any purpose other than the performance of this Agreement nor shall such materials be disclosed publicly. Nothing furnished to Consultant which is generally known, shall be deemed confidential. Consultant shall not use the City’s name or logo or photographs pertaining to the Services under this Agreement in any publication without the prior written consent of the City.
9.3 Consultant’s Books and Records.Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for Services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant.
9.4 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under the Agreement.
9.5 Intellectual Property. The City shall have and retain all right, title and interest, including copyright, patent, trade secret or other proprietary rights in all plans, specifications, studies, drawings, estimates, materials, data, computer programs or software and source code, enhancements, documents and any other works of authorship fixed in any tangible medium or expression, including but not limited to physical drawings or other data magnetically or otherwise recorded on computer media (“Intellectual Property”) prepared or developed by or on behalf of Consultant under this Agreement.
Consultant further grants to City a non-exclusive and perpetual license to copy, use, modify or sub-license any and all Intellectual Property otherwise owned by Consultant which is the basis or foundation for any derivative, collective, insurrectional or supplemental work created under this Agreement.
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SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Venue. In the event either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Contra Costa or in the United States District Court for the Northern District of California.
10.2 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.3 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.4 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.5 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.6 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any official of City in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et. seq., the entire Agreement is void and Consultant will not be entitled to any compensation for Services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code Section 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.7 Inconsistent Terms. If the terms or provisions of this Agreement conflict with or are inconsistent with any term or provision of any Exhibit attached hereto, then the terms and provisions of this Agreement shall prevail.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by _______________________________ ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
____________________________________________
____________________________________________
____________________________________________
____________________________________________
Any written notice to City shall be sent to:
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[INSERT DEPARTMENT/NAME]
City of Antioch
P. O. Box 5007
Antioch, CA 94531-5007
City of Antioch
P. O. Box 5007
Antioch, CA 94531-5007
Attn: City Attorney
10.11 Integration.This Agreement, including all exhibits and other attachments, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
CITY: CONSULTANT:
CITY OF ANTIOCH [NAME OF CONSULTANT]
____________________________________ By:______________________________ Kwame P. Reed, Acting City Manager
Name:___________________________
Title:____________________________
Attest:
____________________________________ By:_____________________________ Elizabeth Householder
City Clerk
Name:___________________________
Title:____________________________
Approved as to Form:
____________________________
Thomas Lloyd Smith, City Attorney
[Two signatures are required for a corporation or one signature with the corporate bylaws indicating that one person can sign on behalf of the corporation]
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ATTACHMENT 2
Downtown Public Parking Lots
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Request for Qualifications – Private Security Services
EXHIBIT A
SCOPE OF WORK
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Request for Qualifications – Private Security Services
EXHIBIT B
PAYMENT SCHEDULE
BBKLAW.COM January 10, 2024© 2023 Best Best & Krieger LLP Tools for Addressing
Substandard Properties
With an Emphasis on Health & Safety Code Receiverships
Best Best & Krieger serves as a trusted partner and strategist to public and private sector clients across the nation.
With offices spanning from coast to coast, the firm’s attorneys provide innovative legal solutions and cost-effective representation, working to protect and advance clients’ interests at every turn. BB&K is recognized for decades of groundbreaking successes, loyal service, and a culture of inclusion and respect.
About Us
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(909) 466-4907
As the director of Best Best & Krieger’s Civil Code Enforcement practice, Charisse L. Smith skillfully assists California cities and public agencies with all aspects of complex code compliance and enforcement prosecution.
Charisse has more than 20 years of experience handling a full range of sensitive health, safety and permitting issues, civil litigation, receiverships and more. She has successfully handled hundreds of code enforcement matters and related litigation on behalf of municipal entities.
With additional background in business and real estate litigation, Charisse provides clients with well- rounded perspective, guidance and solutions. She is a skilled negotiator and gaining compliance with the municipal code is always her top priority.
Presenter
Charisse L. Smith
Of Counsel
Agenda
1. City Abatement
2. Criminal Prosecution
3. Civil Prosecution
4. Discussion of Good Receivership Candidates
5. What to Expect Through the Litigation Process
6. What to Expect During the Receivership Process
7. Before and After Photos of Recent Case (Time Permitting) 4 City Abatement
• Antioch Municipal Code Title 5, Chapter 1, Article 2
▪ PROS: Fast and fairly easy compared to litigation; costs recovered through special assessment
▪ CONS: Could be more costly than litigation; could lead to a lawsuit against the City if not properly noticed.
▪ Best Cases: Small stakes – landscaping, inoperable vehicles, demolishing an outbuilding, securing abandoned property, etc.
5 Criminal Prosecution
• Antioch Municipal Code § 1-2.01 (City Attorney’s Office may prosecute violations of the Antioch Municipal Code)
▪ Each violation of the AMC is a misdemeanor unless the City Attorney reduces the violation to an infraction
▪ Best cases: AMC property appearance type violations that do not rise to the level of substandard conditions affecting life, health, or safety; owner is somewhat cooperative and can be located for prosecution
6 Civil Prosecution
• California Code of Civil Procedure §§ 526(a)(1) and 731, and Health and Safety Code § 17980.7
• Seek an Injunction ordering the Owner to Comply
• Seek an Order Appointing a Receiver
• Enter into a Settlement Agreement with Owner or Prospective Buyer regarding Rehabilitation
• AMC §§1-2.03 and 1-2.04, seek civil penalties ($1,000 per violation/per day) 7 BBKLAW.COM
Good Receivership Candidates
8 Neglected Residential Property
• Deceased Owner
• Non-Responsive Owner
• Slum Lord
• Fraud
• Pre-foreclosure / Foreclosure
• Abandoned vs. Occupied
• Incompetent Owner
• Recently: Marijuana Grow Houses
9 What is a Residential Property?
• Single-Family Residence
• Motel / Hotel
• Apartment Complex
• Commercial or Industrial???
▪ If it is neglected by the Owner and being used as housing, even by transients, probably. 10 Abandoned / Rental: Ideal Cases
Owner-Occupied: More Difficult
Abandoned v. Owner-Occupied
11 Health and Safety Code §17980.6
• Building maintained in a manner that violates Health and Safety Code §17920.3 or other similar local ordinances
• Nature of the Violations must be extensive and of such a nature that the health and safety of the occupants or the public is substantially endangered • City must be able to establish why the public is substantially endangered 12 • City of Crescent City v. Reddy (2017)
9 Cal.App. 5th 458: Motel with exposed electrical wiring, leaking plumbing, broken windows and holes in the walls, moldy and filthy conditions in many rooms, water damage to the foundation, a dilapidated roof, lack of proper weather protection, and junk and trash throughout the grounds • City of Riverside v. Horspool (2014)
223 Cal.App.4th 670: Unoccupied SFR with substantial exterior violations and the kitchen was gutted, asbestos debris was piled on the floor, there was mold on the walls of the den/patio, exposed wiring, and no functioning bathroom due to lack of toilets, sinks and bathtubs 13 Nature of Violations: Published Cases
LITIGATION: What to Expect
• Owner / Lender may now be more willing to cooperate
• Owner may want to sell property “As Is”
• Lender may now be more apt to approve a short sale, if necessary • Lender may foreclose and correct violations
• Owner / Lender may oppose the need for litigation, an injunction, or the appointment of a receiver
14 LITIGATION, cont.
• If Owner responds, allow Owner additional time to voluntarily comply, depending on the circumstances
• If owner fails to respond appropriately, file Motion to Appoint a Receiver • If unable to serve summons or if owner is deceased, will need to publish the summons for effective service
15 LITIGATION, cont.
• Receivership Hearing
▪ Judge may take several actions:
➢Order Owner to abate (issue preliminary injunction and set new hearing date) ➢Continue hearing to give Owner additional time
➢Appoint Receiver now
➢Appoint Receiver, but at a future date to allow more time 16 RECEIVERSHIP: What to Expect
• After RECEIVER is Appointed
▪ More thorough economic feasibility study
▪ Develop a rehab plan
➢Rehab
➢Demo
➢Sell “As Is” to Investor
17 RECEIVERSHIP, cont.
• FINAL STEPS
▪ Receiver rehabs or sells property and oversees rehab
▪ Owner / Lender given opportunity to redeem if Receiver borrowed funds for rehab ▪ If no redemption, Receiver seeks court permission to sell the property ▪ Receiver pays off his lender and holds funds until court makes a determination on distribution (Receiver, City, Lender, Owner if anything remains) ▪ Dismiss case upon distribution
18 Pitfalls and Potential Problems
▪ Owner brings Property into compliance and argues City did not allow reasonable opportunity for Owner to comply
▪ Owner files Bankruptcy after rehab but before sale of Property ▪ HUD, federal or state tax liens exceeds the value of the Property ▪ Lender argues that City fees and costs cannot take priority over their lien (“first in time, first in right” argument)
19 GS Strategies, Inc.
Receiver | Broker | Property Manager
3142 Clover Lane
GS Strategies, Inc.
Receiver | Broker | Property Manager
3142 Clover Lane
GS Strategies, Inc.
Receiver | Broker | Property Manager
3142 Clover Lane
Before: After:
GS Strategies, Inc.
Receiver | Broker | Property Manager
3142 Clover Lane
Before: After:
GS Strategies, Inc.
Receiver | Broker | Property Manager
3142 Clover Lane
Before: After:
GS Strategies, Inc.
Receiver | Broker | Property Manager
3142 Clover Lane
Before: After:
GS Strategies, Inc.
Receiver | Broker | Property Manager
3142 Clover Lane
Before: After:
GS Strategies, Inc.
Receiver | Broker | Property Manager
3142 Clover Lane
Before: After:
GS Strategies, Inc.
Receiver | Broker |
Property Manager
3142 Clover Lane
Before: After:
3142 Clover Lane
GS Strategies, Inc.
Receiver | Broker | Property Manager
Before: After:
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Questions?
Charisse L. Smith
[email protected] | 909-466-4907