ANNOTATED AGENDA
Antioch City Council
REGULAR MEETING
Including the Antioch City Council acting as
Housing Successor to the Antioch Development Agency
Date: Tuesday, February 25, 2025
Time: 6:30 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.
Ron Bernal, Mayor Melissa Rhodes, City Clerk
Louie Rocha, Mayor Pro Tem (District 2) Jorge R. Rojas, City Treasurer Tamisha Torres-Walker, Council Member District 1
Donald P. Freitas, Council Member District 3 Bessie Marie Scott, City Manager Monica E. Wilson, Council Member District 4 Derek Cole, Interim 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].
SPEAKER RULES
Welcome to a meeting of the Antioch City Council . Your attendance is appreciated. The State Ralph M. Brown Act guarantees the public's right to address the City Council, within the framework of Speaker Rules. Because agendas encompass many business items, Speaker Rules enable the meeting to be efficiently conducted and concluded at a reasonable hour.
The City Council can only take action on items that are listed on the agenda. If you wish to speak about an item not on the agenda, the "Public Comments" section of the agenda is for you. Unagendized comments are provided until no later than 7:30 p.m. when the City Council moves on to agenda items. There is another opportunity for public comments at the end of the meeting.
If you wish to speak, either during "public comments" or during an agenda item, fill out a Speaker Request form, located at the entrance of the Council Chambers . Please place the Speaker Request form in the tray near the City Clerk before the Council Meeting begins. This will enable us to call upon you to speak. Important: The Speaker Request form is retained as a Public Record, and as such, may be shared with other s upon request in line with the California Public Records Act. On your Speaker Request form, p lease identify if the comment is for “Announcement of Community Events”, “Public Comment”, or a specific “Agenda Item”. No one may speak more than once on an agenda item or during "public comments."
Speakers will be notified shortly before they are called to speak. When you are called to speak, please limit your comments to the time allotted (up to 3 minutes, at the discretion of the Mayor).
The "Consent Calendar" is a group of items which are determined to be routine. These items are usually considered all at once and approved without further discussion. If you are opposed to action which is recommended for an item on the "Consent Calendar," please submit a Speaker Request form before the meeting, and place in the Speaker Card tray near the City Clerk. This will enable the item to be removed from the “Consent Calendar” and call on you to speak.
During Public Hearings, each side is entitled to one "main presenter" who may not speak for more than 10 minutes; all other speakers during public hearing items, are entitled to a maximum of 5 minutes. These time limits may be modified depending on the number of speakers or number of items on the agenda (at the Mayor’s discretion). Groups who are here regarding an item may identify themselves by raising their hands at the appropriate time to show support for one of their speakers. During certain types of hearings, the applicant is allowed to give their presentation first. After all testimony is received, the applicant has an opportunity for rebuttal.
After having heard from the public, the agenda item will be closed. Deliberations will then be limited to members of the City Council.
If the meeting appears to be going late, the City Council may decide to continue some items until a subsequent meeting. The City Council will try to make this determination around 10:00 p.m.
It is the goal to stop discussing agenda items by not later than 11:00 p.m.
WRITTEN PUBLIC COMMENT – If you wish to provide a written public comment, you may email the City Clerk’s Department at [email protected], by 3:00 p.m. the day of the City Council Meeting.
PLEASE NOTE: Written public comments received by 3:00 p.m. the day of the City Council Meeting will be shared with the City Council before the meeting; entered into the public record; retained on file by the City Clerk’s Office; and available to the public upon request. Written public comments will not be read during the City Council Meeting.
ANTIOCH CITY COUNCIL -1- FEBRUARY 25, 2025
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 resolutions 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.
6:30 P.M. ROLL CALL – CLOSED SESSION – for Council Members – Council Members District 1 Torres-Walker, District 3 Freitas, Mayor Pro Tem (District 2) Rocha, and Mayor Bernal [Council Member District 4 Wilson – Absent]
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS for Closed Session – None
CLOSED SESSION:
1) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – pursuant to California Government Code section 54956.9(d)(2): 1 potential case.
City Council voted to approve the settlement agreement to Ashley Ewart in the amount of $100,000, 4/0
6:32 P.M. ADJOURNED TO CLOSED SESSION
7:00 P.M. ROLL CALL – REGULAR MEETING – for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Council Members District 1 Torres- Walker, District 3 Freitas, Mayor Pro Tem (District 2) Rocha, and Mayor Bernal [Council Member District 4 Wilson – Absent]
ANTIOCH CITY COUNCIL -2- FEBRUARY 25, 2025
PLEDGE OF ALLEGIANCE
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
[CITY CLERK READ OUT THE SPEAKER RULES FOR THE COUNCIL MEETING]
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.
1. INTRODUCTION OF NEW CITY EMPLOYEES, PROMOTIONS AND RETIREMENTS
ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
2. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
➢ PARKS AND RECREATION COMMISSION
➢ BOARD OF ADMINISTRATIVE APPEALS
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
MAYOR’S COMMENTS
3. CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency
A. APPROVAL OF COUNCIL MEETING MINUTES FOR JANUARY 28, 2025 Approved as amended, 4/0
[Page 5, 11th paragraph]) to read: Councilmember Freitas stated he believed there was Council consensus to move forward with the project “but without waivers or exemptions.” with the various conditions Recommended Action: It is recommended that the City Council approve the Meeting Minutes.
B. APPROVAL OF COUNCIL MEETING MINUTES FOR FEBRUARY 11, 2025 Continued, 4/0
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.
ANTIOCH CITY COUNCIL -3- FEBRUARY 25, 2025
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
C. APPROVAL OF COUNCIL SPECIAL MEETING/CLOSED SESSION MINUTES FOR FEBRUARY 19, 2025
Continued, 4/0
Recommended Action: It is recommended that the City Council continue the Special Meeting/Closed Session minutes.
D. APPROVAL OF COUNCIL WARRANTS
Approved, 4/0
Recommended Action: It is recommended that the City Council approve the warrants.
E. APPROVAL OF HOUSING SUCCESSOR WARRANTS
Approved, 4/0
Recommended Action: It is recommended that the City Council approve the warrants.
F. SOLE SOURCE PURCHASING AGREEMENT WITH ALTURA COMMUNICATIONS
SOLUTIONS FOR A PHONE SYSTEM UPGRADE FOR AN AMOUNT NOT TO EXCEED $86,195.57
Reso No. 2025/27 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution authorizing the City Manager or designee to execute a sole source purchase agreement with Altura Communications Solutions in the amount of $86,195.57, for an upgrade to modernize the City’s existing phone system.
G. SOLE SOURCE MAINTENANCE SERVICES AGREEMENT WITH ALTURA
COMMUNICATIONS SOLUTIONS FOR ANNUAL PHONE SYSTEM SUBSCRIPTION LICENSING AND SUPPORT FOR AN AMOUNT NOT TO EXCEED $95,258 Reso No. 2025/28 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution authorizing the City Manager or designee to execute a multi-year sole source maintenance service agreement with Altura
Communications Solutions, beginning January 1, 2025, through December 31, 2027, in the amount of $100,308, for phone system subscription licensing and support.
ANTIOCH CITY COUNCIL -4- FEBRUARY 25, 2025
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
H. NEW CLASS SPECIFICATION, ASSIGNING SALARY RANGES, ASSIGNING THE
CLASSIFICATIONS TO THE CONFIDENTIAL BARGAINING UNIT
Reso No. 2025/29 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution approving the new class specification for Risk and Safety Specialist, assigning a salary range, and assigning the classification to the Confidential Bargaining Unit.
I. RESOLUTION TO SUMMARILY VACATE SURPLUS PORTIONS OF WATER LINE
EASEMENT AND AUTHORIZE THE CITY MANAGER TO EXECUTE ANY ADDITIONAL
DOCUMENTS TO QUITCLAIM TO THE UNDERLYING FEE OWNER AND RESOLUTION
TO AUTHORIZE THE CITY MANAGER OR DESIGNEE TO ACCEPT ADDITIONAL WATER LINE EASEMENTS FOR THE CHICK-FIL-A PROJECT AT 5705 LONE TREE WAY (P.W. 723)
Recommended Action: It is recommended that the City Council take the following actions:
Reso No. 2025/30 adopted, 4/0
1) Adopt a resolution to summarily vacate surplus portions of a water main line easement and quitclaim any interest to the underlying fee owner.
Reso No. 2025/31 adopted, 4/0
2) Adopt a resolution authorizing the City Manager or designee to accept new easements for a relocated water main line.
J. ACCEPTANCE OF COMPLETED IMPROVEMENTS AND RELEASE OF BONDS FOR DEER VALLEY ESTATES SUBDIVISION 9518 (P.W. 681-2)
Reso No. 2025/32 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution authorizing the City Manager or designee to accept the completed improvements and file the Notice of Completion for said improvements for Deer Valley Estates Subdivision, Tract No. 9518.
ANTIOCH CITY COUNCIL -5- FEBRUARY 25, 2025
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
K. CONSIDERATION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF
ANTIOCH AND THE CONTRA COSTA TRANSPORTATION AUTHORITY FOR THE
COUNTYWIDE SMART SIGNALS PROJECT FUNDED IN PART BY A ONE BAY AREA CYCLE 3 (OBAG 3) GRANT (P.W. 636-10)
Reso No. 2025/33 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt the resolution:
1) Approving the Cooperative Agreement between the City of Antioch and the Contra Costa Transportation Authority for the Countywide Smart Signals Project;
2) Approving an amendment to the F iscal Year 2024/25
Operating Budget to increase the funding for the Countywide Smart Signals Project by $334,175 from Gas Tax funds;
3) Authorizing the expenditure of up to $334,175 of Gas Tax funds to pay an advancement to the Contra Costa Transportation Authority for estimated costs for the design and installation of upgraded equipment located within the City’s right-of-way and cost of construction for the Countywide Smart Signals Project, which is required to receive a $2,914,034 One Bay Area Cycle 3 (OBAG 3) Grant; and
4) Authorizing the City Manager or designee to execute the agreement in a form approved by the City Attorney.
L. AGREEMENT WITH TK ELEVATOR CORPORATION FOR ELEVATOR MODERNIZATION AT 800 WEST SECOND STREET IN THE AMOUNT OF $168,648 Reso No. 2025/34 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving the Cooperative Purchas ing Agreement with TK Elevator Corporation for the elevator modernization at 800 West Second Street in the amount of $168,648; and
2) Authorizing the City Manager or designee to execute the Cooperative Purchasing Agreement in a form approved by the City Attorney.
ANTIOCH CITY COUNCIL -6- FEBRUARY 25, 2025
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
M. FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH INDIGO HAMMOND+PLAYLE ARCHITECTS, LLP FOR CITYWIDE SPACE PLANNING AND ARCHITECTURAL CONSULTATION SERVICES (P.W. 700-4)
Reso No. 2025/35 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving the first amendment to the Consulting Services Agreement with Indigo Hammond+Playle Architects, LLP for Citywide Space Planning and Architectural Consultation
Services for the building at 800 West Second Street in the amount of $54,500 for a total contract amount of $103,000; and
2) Authorizing the City Manager or designee to execute the first amendment to the Consulting Services Agreement in a form approved by the City Attorney.
COUNCIL REGULAR AGENDA
4. ANTIOCH POLICE OVERSIGHT COMMISSION (APOC) – 2024 ANNUAL REPORT TO
CITY COUNCIL
Approved, 4/0
Recommended Action: It is recommended that the City Council review and approve the Antioch Police Oversight Commission’s (APOC) Final 2024 Annual Report.
5. COUNCIL DISCUSSION ON A TEMPORARY PAUSE OF ANTIOCH POLICE OVERSIGHT
COMMISSION (APOC) MEETINGS
Council made a motion to approve the following:
1. Request APOC to consider the possibility of a
temporary pause.
2. Direction provided to staff to prepare and return
with a plan of action (USDOJ) to implement a pause
of APOC for a specified time and bring said plan to
a future Council meeting that has been properly
noticed to amend Ordinance No. 2212 -C-S, that
created the Commission.
4/0
Recommended Action: It is recommended that the City Council discuss and provide direction to staff regarding implementing a temporary pause of Antioch Police Oversight Commission meetings.
ANTIOCH CITY COUNCIL -7- FEBRUARY 25, 2025
COUNCIL REGULAR AGENDA – Continued
10:06 P.M. RECESS
10:15 P.M. RECONVENED, ROLL CALL – Council Members District 1 Torres-Walker, District 3 Freitas, Mayor Pro Tem (District 2) Rocha, and Mayor Bernal [Council Member District 4 Wilson – Absent]
6. EMERGENCY STAFFING FOR THE FINANCE DEPARTMENT, HUMAN RESOURCES
DEPARTMENT, OFFICE OF THE CITY MANAGER, OFFICE OF THE CITY CLERK AND
CONVERSION OF COMPUTER TECHNICIAN IN INFORMATION SYSTEMS
DURING DISCUSSION OF ITEM #6, MAYOR BERNAL MADE A MOTION TO EXTEND THE MEETING TO 11:30 P.M.; APPROVED 4/0
Reso No. 2025/36 adopted,
Recommended Action: It is recommended that the City Council adopt a resolution approving the following:
[All items below were voted on separately]
Approved 3/1-(Freitas-NO)
1) Emergency staffing allocation of a Payroll Specialist;
Approved 3/1-(Freitas-NO)
2) Emergency staffing allocation of a Human Resources
Manager;
Approved 3/1-(Freitas-NO)
3) Emergency staffing allocation of a Public Records Coordinator;
Motion failed due to lack of a second
4) Emergency staffing allocation of a second Assistant City Manager;
Approved 3/1-(Freitas-NO)
5) Conversion of a Computer Technician to Administrative Assistant in Information Systems; and
Approved, 4/0
6) Authorizing the City Manager to make the necessary budget adjustments.
ANTIOCH CITY COUNCIL -8- FEBRUARY 25, 2025
COUNCIL REGULAR AGENDA – Continued
MAYOR BERNAL REQUESTED A MOTION TO TABLE ITEM #7 TO THE NEXT CITY COUNCIL MEETING; APPROVED, 4/0
7. CITY COUNCIL 90-DAY REQUEST LIST – DISCUSSION ON THE CREATION OF A
HOMELESS/UNHOUSED AD HOC COMMITTEE
Recommended Action: It is recommended that the City Council discuss and provide direction to City staff.
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 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 11:40 p.m., 4/0
ANNOTATED AGENDA
Antioch City Council
REGULAR MEETING
Including the Antioch City Council acting as
Housing Successor to the Antioch Development Agency
Date: Tuesday, February 25, 2025
Time: 6:30 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.
Ron Bernal, Mayor Melissa Rhodes, City Clerk
Louie Rocha, Mayor Pro Tem (District 2) Jorge R. Rojas, City Treasurer Tamisha Torres-Walker, Council Member District 1
Donald P. Freitas, Council Member District 3 Bessie Marie Scott, City Manager Monica E. Wilson, Council Member District 4 Derek Cole, Interim 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].
SPEAKER RULES
Welcome to a meeting of the Antioch City Council . Your attendance is appreciated. The State Ralph M. Brown Act guarantees the public's right to address the City Council, within the framework of Speaker Rules. Because agendas encompass many business items, Speaker Rules enable the meeting to be efficiently conducted and concluded at a reasonable hour.
The City Council can only take action on items that are listed on the agenda. If you wish to speak about an item not on the agenda, the "Public Comments" section of the agenda is for you. Unagendized comments are provided until no later than 7:30 p.m. when the City Council moves on to agenda items. There is another opportunity for public comments at the end of the meeting.
If you wish to speak, either during "public comments" or during an agenda item, fill out a Speaker Request form, located at the entrance of the Council Chambers . Please place the Speaker Request form in the tray near the City Clerk before the Council Meeting begins. This will enable us to call upon you to speak. Important: The Speaker Request form is retained as a Public Record, and as such, may be shared with other s upon request in line with the California Public Records Act. On your Speaker Request form, p lease identify if the comment is for “Announcement of Community Events”, “Public Comment”, or a specific “Agenda Item”. No one may speak more than once on an agenda item or during "public comments."
Speakers will be notified shortly before they are called to speak. When you are called to speak, please limit your comments to the time allotted (up to 3 minutes, at the discretion of the Mayor).
The "Consent Calendar" is a group of items which are determined to be routine. These items are usually considered all at once and approved without further discussion. If you are opposed to action which is recommended for an item on the "Consent Calendar," please submit a Speaker Request form before the meeting, and place in the Speaker Card tray near the City Clerk. This will enable the item to be removed from the “Consent Calendar” and call on you to speak.
During Public Hearings, each side is entitled to one "main presenter" who may not speak for more than 10 minutes; all other speakers during public hearing items, are entitled to a maximum of 5 minutes. These time limits may be modified depending on the number of speakers or number of items on the agenda (at the Mayor’s discretion). Groups who are here regarding an item may identify themselves by raising their hands at the appropriate time to show support for one of their speakers. During certain types of hearings, the applicant is allowed to give their presentation first. After all testimony is received, the applicant has an opportunity for rebuttal.
After having heard from the public, the agenda item will be closed. Deliberations will then be limited to members of the City Council.
If the meeting appears to be going late, the City Council may decide to continue some items until a subsequent meeting. The City Council will try to make this determination around 10:00 p.m.
It is the goal to stop discussing agenda items by not later than 11:00 p.m.
WRITTEN PUBLIC COMMENT – If you wish to provide a written public comment, you may email the City Clerk’s Department at [email protected], by 3:00 p.m. the day of the City Council Meeting.
PLEASE NOTE: Written public comments received by 3:00 p.m. the day of the City Council Meeting will be shared with the City Council before the meeting; entered into the public record; retained on file by the City Clerk’s Office; and available to the public upon request. Written public comments will not be read during the City Council Meeting.
ANTIOCH CITY COUNCIL -1- FEBRUARY 25, 2025
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 resolutions 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.
6:30 P.M. ROLL CALL – CLOSED SESSION – for Council Members – Council Members District 1 Torres-Walker, District 3 Freitas, Mayor Pro Tem (District 2) Rocha, and Mayor Bernal [Council Member District 4 Wilson – Absent]
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS for Closed Session – None
CLOSED SESSION:
1) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – pursuant to California Government Code section 54956.9(d)(2): 1 potential case.
City Council voted to approve the settlement agreement to Ashley Ewart in the amount of $100,000, 4/0
6:32 P.M. ADJOURNED TO CLOSED SESSION
7:00 P.M. ROLL CALL – REGULAR MEETING – for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Council Members District 1 Torres- Walker, District 3 Freitas, Mayor Pro Tem (District 2) Rocha, and Mayor Bernal [Council Member District 4 Wilson – Absent]
ANTIOCH CITY COUNCIL -2- FEBRUARY 25, 2025
PLEDGE OF ALLEGIANCE
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
[CITY CLERK READ OUT THE SPEAKER RULES FOR THE COUNCIL MEETING]
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.
1. INTRODUCTION OF NEW CITY EMPLOYEES, PROMOTIONS AND RETIREMENTS
ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
2. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
➢ PARKS AND RECREATION COMMISSION
➢ BOARD OF ADMINISTRATIVE APPEALS
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
MAYOR’S COMMENTS
3. CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency
A. APPROVAL OF COUNCIL MEETING MINUTES FOR JANUARY 28, 2025 Approved as amended, 4/0
[Page 5, 11th paragraph]) to read: Councilmember Freitas stated he believed there was Council consensus to move forward with the project “but without waivers or exemptions.” with the various conditions Recommended Action: It is recommended that the City Council approve the Meeting Minutes.
B. APPROVAL OF COUNCIL MEETING MINUTES FOR FEBRUARY 11, 2025 Continued, 4/0
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.
STAFF REPORT
STAFF REPORT
STAFF REPORT
STAFF REPORT
STAFF REPORT
STAFF REPORT
STAFF REPORT
STAFF REPORT
ANTIOCH CITY COUNCIL -3- FEBRUARY 25, 2025
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
C. APPROVAL OF COUNCIL SPECIAL MEETING/CLOSED SESSION MINUTES FOR FEBRUARY 19, 2025
Continued, 4/0
Recommended Action: It is recommended that the City Council continue the Special Meeting/Closed Session minutes.
D. APPROVAL OF COUNCIL WARRANTS
Approved, 4/0
Recommended Action: It is recommended that the City Council approve the warrants.
E. APPROVAL OF HOUSING SUCCESSOR WARRANTS
Approved, 4/0
Recommended Action: It is recommended that the City Council approve the warrants.
F. SOLE SOURCE PURCHASING AGREEMENT WITH ALTURA COMMUNICATIONS
SOLUTIONS FOR A PHONE SYSTEM UPGRADE FOR AN AMOUNT NOT TO EXCEED $86,195.57
Reso No. 2025/27 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution authorizing the City Manager or designee to execute a sole source purchase agreement with Altura Communications Solutions in the amount of $86,195.57, for an upgrade to modernize the City’s existing phone system.
G. SOLE SOURCE MAINTENANCE SERVICES AGREEMENT WITH ALTURA
COMMUNICATIONS SOLUTIONS FOR ANNUAL PHONE SYSTEM SUBSCRIPTION LICENSING AND SUPPORT FOR AN AMOUNT NOT TO EXCEED $95,258 Reso No. 2025/28 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution authorizing the City Manager or designee to execute a multi-year sole source maintenance service agreement with Altura
Communications Solutions, beginning January 1, 2025, through December 31, 2027, in the amount of $100,308, for phone system subscription licensing and support.
ANTIOCH CITY COUNCIL -4- FEBRUARY 25, 2025
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
H. NEW CLASS SPECIFICATION, ASSIGNING SALARY RANGES, ASSIGNING THE
CLASSIFICATIONS TO THE CONFIDENTIAL BARGAINING UNIT
Reso No. 2025/29 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution approving the new class specification for Risk and Safety Specialist, assigning a salary range, and assigning the classification to the Confidential Bargaining Unit.
I. RESOLUTION TO SUMMARILY VACATE SURPLUS PORTIONS OF WATER LINE
EASEMENT AND AUTHORIZE THE CITY MANAGER TO EXECUTE ANY ADDITIONAL
DOCUMENTS TO QUITCLAIM TO THE UNDERLYING FEE OWNER AND RESOLUTION
TO AUTHORIZE THE CITY MANAGER OR DESIGNEE TO ACCEPT ADDITIONAL WATER LINE EASEMENTS FOR THE CHICK-FIL-A PROJECT AT 5705 LONE TREE WAY (P.W. 723)
Recommended Action: It is recommended that the City Council take the following actions:
Reso No. 2025/30 adopted, 4/0
1) Adopt a resolution to summarily vacate surplus portions of a water main line easement and quitclaim any interest to the underlying fee owner.
Reso No. 2025/31 adopted, 4/0
2) Adopt a resolution authorizing the City Manager or designee to accept new easements for a relocated water main line.
J. ACCEPTANCE OF COMPLETED IMPROVEMENTS AND RELEASE OF BONDS FOR DEER VALLEY ESTATES SUBDIVISION 9518 (P.W. 681-2)
Reso No. 2025/32 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution authorizing the City Manager or designee to accept the completed improvements and file the Notice of Completion for said improvements for Deer Valley Estates Subdivision, Tract No. 9518.
ANTIOCH CITY COUNCIL -5- FEBRUARY 25, 2025
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
K. CONSIDERATION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF
ANTIOCH AND THE CONTRA COSTA TRANSPORTATION AUTHORITY FOR THE
COUNTYWIDE SMART SIGNALS PROJECT FUNDED IN PART BY A ONE BAY AREA CYCLE 3 (OBAG 3) GRANT (P.W. 636-10)
Reso No. 2025/33 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt the resolution:
1) Approving the Cooperative Agreement between the City of Antioch and the Contra Costa Transportation Authority for the Countywide Smart Signals Project;
2) Approving an amendment to the F iscal Year 2024/25
Operating Budget to increase the funding for the Countywide Smart Signals Project by $334,175 from Gas Tax funds;
3) Authorizing the expenditure of up to $334,175 of Gas Tax funds to pay an advancement to the Contra Costa Transportation Authority for estimated costs for the design and installation of upgraded equipment located within the City’s right-of-way and cost of construction for the Countywide Smart Signals Project, which is required to receive a $2,914,034 One Bay Area Cycle 3 (OBAG 3) Grant; and
4) Authorizing the City Manager or designee to execute the agreement in a form approved by the City Attorney.
L. AGREEMENT WITH TK ELEVATOR CORPORATION FOR ELEVATOR MODERNIZATION AT 800 WEST SECOND STREET IN THE AMOUNT OF $168,648 Reso No. 2025/34 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving the Cooperative Purchas ing Agreement with TK Elevator Corporation for the elevator modernization at 800 West Second Street in the amount of $168,648; and
2) Authorizing the City Manager or designee to execute the Cooperative Purchasing Agreement in a form approved by the City Attorney.
ANTIOCH CITY COUNCIL -6- FEBRUARY 25, 2025
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
M. FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH INDIGO HAMMOND+PLAYLE ARCHITECTS, LLP FOR CITYWIDE SPACE PLANNING AND ARCHITECTURAL CONSULTATION SERVICES (P.W. 700-4)
Reso No. 2025/35 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving the first amendment to the Consulting Services Agreement with Indigo Hammond+Playle Architects, LLP for Citywide Space Planning and Architectural Consultation
Services for the building at 800 West Second Street in the amount of $54,500 for a total contract amount of $103,000; and
2) Authorizing the City Manager or designee to execute the first amendment to the Consulting Services Agreement in a form approved by the City Attorney.
COUNCIL REGULAR AGENDA
4. ANTIOCH POLICE OVERSIGHT COMMISSION (APOC) – 2024 ANNUAL REPORT TO
CITY COUNCIL
Approved, 4/0
Recommended Action: It is recommended that the City Council review and approve the Antioch Police Oversight Commission’s (APOC) Final 2024 Annual Report.
5. COUNCIL DISCUSSION ON A TEMPORARY PAUSE OF ANTIOCH POLICE OVERSIGHT
COMMISSION (APOC) MEETINGS
Council made a motion to approve the following:
1. Request APOC to consider the possibility of a
temporary pause.
2. Direction provided to staff to prepare and return
with a plan of action (USDOJ) to implement a pause
of APOC for a specified time and bring said plan to
a future Council meeting that has been properly
noticed to amend Ordinance No. 2212 -C-S, that
created the Commission.
4/0
Recommended Action: It is recommended that the City Council discuss and provide direction to staff regarding implementing a temporary pause of Antioch Police Oversight Commission meetings.
ANTIOCH CITY COUNCIL -7- FEBRUARY 25, 2025
COUNCIL REGULAR AGENDA – Continued
10:06 P.M. RECESS
10:15 P.M. RECONVENED, ROLL CALL – Council Members District 1 Torres-Walker, District 3 Freitas, Mayor Pro Tem (District 2) Rocha, and Mayor Bernal [Council Member District 4 Wilson – Absent]
6. EMERGENCY STAFFING FOR THE FINANCE DEPARTMENT, HUMAN RESOURCES
DEPARTMENT, OFFICE OF THE CITY MANAGER, OFFICE OF THE CITY CLERK AND
CONVERSION OF COMPUTER TECHNICIAN IN INFORMATION SYSTEMS
DURING DISCUSSION OF ITEM #6, MAYOR BERNAL MADE A MOTION TO EXTEND THE MEETING TO 11:30 P.M.; APPROVED 4/0
Reso No. 2025/36 adopted,
Recommended Action: It is recommended that the City Council adopt a resolution approving the following:
[All items below were voted on separately]
Approved 3/1-(Freitas-NO)
1) Emergency staffing allocation of a Payroll Specialist;
Approved 3/1-(Freitas-NO)
2) Emergency staffing allocation of a Human Resources
Manager;
Approved 3/1-(Freitas-NO)
3) Emergency staffing allocation of a Public Records Coordinator;
Motion failed due to lack of a second
4) Emergency staffing allocation of a second Assistant City Manager;
Approved 3/1-(Freitas-NO)
5) Conversion of a Computer Technician to Administrative Assistant in Information Systems; and
Approved, 4/0
6) Authorizing the City Manager to make the necessary budget adjustments.
ANTIOCH CITY COUNCIL -8- FEBRUARY 25, 2025
COUNCIL REGULAR AGENDA – Continued
MAYOR BERNAL REQUESTED A MOTION TO TABLE ITEM #7 TO THE NEXT CITY COUNCIL MEETING; APPROVED, 4/0
7. CITY COUNCIL 90-DAY REQUEST LIST – DISCUSSION ON THE CREATION OF A
HOMELESS/UNHOUSED AD HOC COMMITTEE
Recommended Action: It is recommended that the City Council discuss and provide direction to City staff.
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 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 11:40 p.m., 4/0
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 AntiochIsOpportunity.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 5:00 p.m., on the dates listed below:
FRIDAY, FEBRUARY 28, 2025
➢ PARKS AND RECREATION COMMISSION
▪ One (1) vacancy, expiring April 2026
EXTENDED DEADLINE DATE: FRIDAY, FEBRUARY 28, 2025
➢ BOARD OF ADMINISTRATIVE APPEALS
▪ Four (4) vacancies, expiring March 2028
To be considered for the vacancy position(s) listed
above, please fill out an application available
online on the City’s website at: https://bit.ly/COA-
BC23. Printed applications are also available at
Antioch City Hall, 200 H Street, Antioch, CA.
Please email the completed application to:
[email protected], by the deadline date listed
above. You can also drop off the application (Attn:
City Clerk), in the water billing drop -off box just
outside of Antioch City Hall.
Your interest and desire to serve our community can make a difference. #2
PARKS & RECREATION COMMISSION
One (1) Vacancy, expiring April 2026
Deadline Date: By 5:00 p.m., February 28, 2025
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:
The Parks and Recreation Commission serves in an advisory capacity to the City Council in matters pertaining to Parks and Recreation functions , as well as engaging the community in programs and services. The Commission also surveys current and future park and recreational needs of the community to provide a sound and year -round recreational program for all ages.
Commission Seats:
• Seven (7) Commission Members, 4-year terms.
Meetings:
• Held every third Thursday of every month at 7:00 p.m. in the City Council Chambers; or on other dates as needed.
Requirements:
• Must be a resident of the City of Antioch.
• 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 the se 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 on the City’s website at:
https://bit.ly/COA-BC23, and at the City Clerk’s Office.
BOARD OF ADMINISTRATIVE APPEALS
Four (4) Vacancies, expiring March 2028
Extended Deadline Date: By 5:00 p.m., February 28, 2025
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:
The Board of Administrative Appeals hears appeals regarding administrative decisions by any official of the City dealing with Municipal Code Interpretations.
Board Seats:
• Five (5) Board Members, 4-year terms.
• One (1) Alternate Board Member, 2-year term.
Meetings:
• Held every first Thursday of every month at 3:00 p.m. in the City Council Chamber s; or on other dates as
needed.
Requirements:
• Must be a resident of the City of Antioch.
• Three (3) members shall have experience in building construction trades and/or training in the CA Code of Regulations.
• Board members are required to submit the Fair Political Practices Commission (FPPC) Form 700 (Statement of Economic Interests) upon assuming office, and every year thereafter.
• Board members 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 the se 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 on the City’s website at:
https://bit.ly/COA-BC23, and at the City Clerk’s Office.
CITY COUNCIL MEETING
Regular Meeting January 28, 2025
7:00 P.M. Council Chambers
6:00 P.M. - CLOSED SESSION
Mayor Bernal called the Closed Session to order at 6:00 P.M., and City Clerk Rhodes called the roll.
Present: Council Members District 1 Torres -Walker, District 4 Wilson, Mayor Pro Tem (District 2) Rocha and Mayor Bernal (Council Member District 3 Freitas arrived at 6:02 P.M.)
PLEDGE OF ALLEGIANCE
Mayor Bernal led the Pledge of Allegiance.
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to California Government Code section 54956.8; Property 809 -815 1st Street, Antioch, CA 94509 (APN: 066-091-015), Negotiating Parties: City of Antioch Negotiators: Bessie Marie Scott, City Manager and Derek Cole, Interim City Attorney; Lynn House Gallery Negotiator: Jody Mattison; Under Negotiation: Rent and terms of payment.
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to California Government Code section 54956.8; Property 5 Marina Plaza, Antioch, CA 94509 (APN:
066-010-017); Negotiating Parties: City of Antioch Negotiators: Bessie Marie Scott, City Manager and Derek Cole, Interim City Attorney; Marina Negotiator: Anthem Marine, LLC.
Negotiator: Tony Khanzada and Mark Overbye; Under Negotiation: Price and terms of contract.
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to California Government Code section 54956.8; Property: 75 Walton Lane, Antioch, CA; Agency Negotiation: City of Antioch Negotiators: Bessie Marie Scott, City Manager and Derek Cole, Interim City Attorney; Negotiating Parties : East Bay Regional Communication Systems Authority (EBRCSA); Under Negotiation: Price and terms of contract.
PUBLIC COMMENTS – None
ADJOURN TO CLOSED SESSION
Mayor Bernal adjourned to Closed Session at 6:03 P.M.
7:00 P.M. REGULAR MEETING
Mayor Bernal called the meeting to order at 7:01 P.M., and City Clerk Rhodes called the roll.
A
02-25-25
ANTIOCH CITY COUNCIL
Regular Meeting
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Present: Council/Agency Members District 1 Torres -Walker, District 3 Freitas, District 4 Wilson, Mayor Pro Tem (District 2) Rocha and Mayor Bernal
PLEDGE OF ALLEGIANCE
Mayor Bernal led the Pledge of Allegiance.
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
Interim City Attorney Cole reported the City Council had been in Closed Session and gave the following report: #1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS, direction given to the City Negotiators, #2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS, direction given to the City Negotiators; and, #3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS, direction given to the City Negotiators.
PUBLIC COMMENTS
Melissa Case thanked the City Council for the comprehensive Budget Study Session . She encouraged the City to seek funding solutions to continue the Angelo Quinto Crisis Response Team (AQCRT) and unhoused resident services. She reported that the community gathered to support a resident who was having difficulty paying a water bill.
Jim Lanter, Antioch resident, expressed concern regarding public comments made at a previous Council meeting. He spoke to the City Manager’s and Mayor’s professionalism.
Kathryn R eza, Asset Manager of Raley’s Shopping Center, spoke in support of the City increasing funding for public safety in Antioch.
Derrick O’N eal, Training XAI Beat the Streets discussed the future of Artificial Intelligence programming and encouraged the City to participate in their job summits.
Debbie Blaisure, Rivertown Treasurer Chest/Downtown Business Association, reported on her attendance at their Mix and Mingle Event and thanked those who participated. She announced the Downtown Business Merchant Group was opened to all downtown businesses.
Ray Rodrigues advocated for an Antioch Police Department (APD) substation in the Sycamore Corridor.
Amadeus Castillo, Antioch Council of Teens (ACT), announced their meetings take place from 4:00 P.M. – 6:00 P.M. on the second and fourth Wednesday of the month at the Antioch Water Park. He discussed the success of their B ack to School Bowling and job fair events. He announced a Teen Pottery Event would take place from 6:00 P.M. – 8:00 P.M. on February 6, 2025, at the Antioch Water Park. Contact information was provided.
Mayra advocated for protecting youth in the community.
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January 28, 2025 Page 3 of 13
Frank Sterling, Antioch resident, suggested the City update the community on the Department of Justice settlement, immigration and the impacts of diverting water to Southern California. He encouraged the City to seek alternative funding for the A QCRT Program, Opportunity Village and the Mayor’s Apprenticeship Program.
Devin Williams encouraged the City to seek alternative funding for the AQCRT, Opportunity Village and gun violence prevention programs . He expressed concern regarding immigration and encouraged the City to provide community outreach for those who were vulnerable. He announced Lift Up Contra Costa was hosting a Community Café from 6:00 P.M. – 8:00 P.M.
February 14, 2025, at Delta Bay Community Church.
Gavin Payton, NAACP Youth Council, announced they had issued a public statement on racism.
He invited the community to their Black History Month program and discussed their advocacy on behalf of youth.
Velma Wilson thank ed everyone who attended the Rev erend Dr. Martin Luther King (MLK) Celebration at Deer Valley High School and recognized former Councilmember Moore for creating the program. She encouraged the City to collaborate with Antioch Unified School District (AUSD) on future MLK events.
Nancy spoke in support of Antioch establishing their own CORE Team and offered to assist the City with those efforts . She expressed concern that encampment sweeps were unproductive and homeless services were insufficient.
Nichole Gardner spoke in support of revitalization efforts in downtown Antioch. She discussed the needs of the unhoused and suggested the City seek grant funding for their resources.
1. PROCLAMATIONS
• In Honor of Black History Month, February 2025
• In Honor of Diane Ferguson, Antioch Lifetime Veteran of the Year 2023-2024 • In Honor of Brenda Cato, Antioch Veteran of the Year 2023-2024
Eddie Gums requested the City Council consider extending recognition of Black History Month until Juneteenth.
On motion by Councilmember Wilson, seconded by Councilmember Freitas, the City Council unanimously approved the Proclamations.
Odessa Lafrancois, President of the East County Branch of the NAACP and members of the East County NAACP accepted the In Honor of Black History Month proclamation and thanked the City Council for the recognition.
Velma Wilson spoke in support of the In Honor of Black History Month proclamation.
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J.R. Wilson introduced Diane Ferguson, who accepted the In Honor of Diane Ferguson, Antioch Lifetime Veteran of the Year 2023 -2024 proclamation and thanked the City Council for the recognition.
J.R. Wilson recognized the efforts of the East County NAACP advocating for the exoneration of the Port Chicago 50. He introduced Brenda Cato, who accepted the In Honor of Brenda Cato, Antioch Veteran of the Year 2023 -2024 proclamation and thanked the City Council for the recognition.
Velma Wilson announced Stand Down on the Delta would be held at the Contra Costa County Event Park and encouraged everyone to participate.
Councilmember Freitas requested Council suspend the rules and move Public Hearing Item #5 as the next order of business.
ON MOTION BY COUNCILMEMBER WILSON, SECONDED BY COUNCILMEMBER
FREITAS, THE CITY COUNCIL UNANIMOUSLY SUSPENDED THE RULES AND MOVED PUBLIC HEARING ITEM #5 AS THE NEXT ORDER OF BUSINESS.
PUBLIC HEARING
5. ALBERS RANCH PROJECT (GP-19-04, MDP-19-01)
City Manager Scott introduced Public Hearing Item #5.
Contract Planner Gnos presented the staff report dated January 28, 2025 recommending the City Council take the following actions: 1) Adopt a resolution certifying the Albers Ranch Project EIR, adopting findings of fact and statement of overriding considerations, and adopting the mitigation monitoring and reporting program; 2) Adopt a resol ution approving a General Plan Amendment to amend the City of Antioch General Plan (GP-19-04); 3) Introduce and waive the first reading of the ordinance rezoning the property to Hillside Planned Development (HPD); and 4) Adopt a resolution approving a Vesting Tentative Subdivision Map, Master Development Plan and a Resource Management Plan.
Mayor Bernal opened the public hearing.
Joel Keller, Project Applicant, read a letter submitted to Council from Lucia Albers which gave a history of the project and included requests to waive certain project specific conditions that she felt were unnecessary and burdensome. He requested the City Council approve the recommendations of staff and the Planning Commission.
Jim Lanter, Antioch resident, Ray Delvin, Colliers, Eric Haynes, representing Local 104, Manuel Soliz, Antioch resident, Richard Solak, IBEW, Antioch resident, Dale Paris, IBEW 302, Antioch resident, Mary Rocha, Johnny Unpingco, IBEW 302, Julian Vinatieri, representing IBEW 302 and members of the skilled trades, Lori Ogorchock, Velma Wilson, Mary Chapman and Nora von Ubin, An Elderly Wish Foundation and Debbie Toth and Lorna Van Ackeren, Choice in Aging
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(Bedford Center), spoke in support of the project. Several speakers suggested Council consider waiving the conditions of approval previously discussed by the applicant . Some speakers suggested future projects provide assisted/senior living components in their developments.
Lucia Albers, Project Applicant, gave a history of her project and stated she was appealing eight project specific conditions that were costly, unnecessary and had no nexus to her project.
Andrew Becker stated he supported housing with an affordability component and felt the developer should be responsible for all project specific conditions.
Debbie Blaisure, Rivertown Treasure Chest, Phyllis Gordon, Sandy Hartrick, Tom Hartrick, Virginia Viera Mitchell, Delta Association of Realtors, Ranae Callaway, Delta Association Realtors, Jody Drewry Drewry Real Estate, Laura Agdandwski, Kay Dean, Jackie Smith, Parwin, Jim Dean, Mary Fran Johnson, Antioch resident, Martha Goralka, Cara Grahmo ur, Jackie Hooke, Lauri Ratterree, Kay Porter, Audra Ogorchock, Kristen Vistalli, Gary Vistalli, DJ Ogorchock and Joseph Goralka, submitted written public comment in support of the project.
Public comments submitted in writing via email from the following individuals were entered into the record: Lucia Albers and Tony Tiscareno.
Mayor Bernal closed the public hearing.
Councilmember Freitas stated he supported the project; however, due to fairness and equitability he could not support the applicant’s request for exemptions.
Councilmember Wilson stated she supported the project and the request from the applicant to waive certain project specific conditions.
Councilmember Rocha stated he supported the project and hoped staff could resolve some issues by mitigating certain project specific conditions.
In response to Councilmember Freitas, Interim City Attorney Cole clarified if the conditions were waived the City would be responsible for the money owed to Aviano. He noted the conditions being required were standard for developers and if waived it may impact future projects.
Councilmember Freitas stated he believed there was Council consensus to move forward with the project with the various conditions. He noted that that action would not preclude the applicant coming back to discuss her requests and if it came back, it would be staff’s responsibility to explain why they did not support any exceptions.
In response to Mayor Bernal, Contract Engineer, Kevin Van Katwyk, clarified that the applicant had proposed the curb and gutter on the EVA road to control drainage, so it was added to the conditions of approval.
Jason Vogan, Project Engineer, stated there were several ways to accommodate drainage.
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Acting Director of Public Works/City Engineer Buenting stated staff would work with developer and engineer to find suitable drainage for the EVA road.
On motion by Councilmember Freitas, seconded by Councilmember Rocha, the City Council unanimously moved approval of Public Hearing Item #5, modifying Project Specific Condition Q- 3 to handle drainage without requiring curbs to the extent possible.
Mayor Bernal declared a recess at 9:23 P.M. The meeting reconvened at 9:40 P.M. with all Councilmembers present.
Interim City Attorney Cole advised Council separate motions were required for each of the recommended actions for Public Hearing Item #5. He added the requested amendment to Project Specific Condition Q -3 could be addressed in the resolution approving the Vesting Tentative Subdivision Map. He stated staff recommended the motion to give staff the authority to work with the applicant to develop a modified cross-section for the EVA.
5. ALBERS RANCH PROJECT (GP-19-04, MDP-19-01) – Continued
RESOLUTION NO. 2025/10
On motion by Councilmember Freitas, seconded by Councilmember Torres -Walker the City Council unanimously adopted a resolution certifying the Albers Ranch Project EIR, adopting findings of fact and statement of overriding considerations, and adopting the mitigation monitoring and reporting program.
RESOLUTION NO. 2025/11
On motion by Councilmember Rocha, seconded by Councilmember Torres -Walker the City Council unanimously adopted a resolution approving a General Plan Amendment to amend the City of Antioch General Plan (GP-19-04).
On motion by Councilmember Wilson, seconded by Councilmember Torres -Walker the City Council unanimously introduced and waive d the first reading of the ordinance rezoning the property to Hillside Planned Development (HPD).
RESOLUTION NO. 2025/12
On motion by Councilmember Wilson seconded by Councilmember Rocha the City Council unanimously a dopted a resolution approving a Vesting Tentative Subdivision Map, Master Development Plan and a Resource Management Plan. With the following:
➢ Directed staff to modify project specific condition Q-3 to work with the applicant to develop a modified cross-section for the EVA.
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2. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
Planning Manager Merideth announced the following civic and community event:
➢ Inclusionary Housing Project Update – Virtual Community Workshop
Devin Williams announced the following civic and community event:
➢ Lift up Contra Costa – Ready Rep Summit 10:00 A.M. - 1:30 P.M. on February 22, 2025, Delta Bay Community Church
Velma Wilson announced the following civic and community events:
➢ AUSD Black History Celebration - February 21, 2025, Antioch High School ➢ African American Heritage Night with the Golden State Warriors - February 25, 2025, Chase Center
Gavin Payton announced the following civic and community event:
➢ Black History Program – February 22, 2025, True Light Missionary Baptist Church, Pittsburg
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
Councilmember Wilson reported on her attendance at the D elta Diablo meeting and reminded staff to schedule a Lone Tree Golf Course Standing Committee meeting.
Councilmember Rocha reported on his attendance at a T ri Delta meeting, Antioch Community Foundation Celebration, Chamber of Commerce Mixer and Antioch Downtown Association Mixer.
Councilmember Torres -Walker announced a CDBG meeting would be held at 9:30 A.M. on January 29, 2025, and they were working to schedule future meetings at a more convenient time. She reported the AUSD had appointed members to the City/School Standing Committee and they would be announcing a date for that meeting in the future. She thanked everyone who reached out during her recent illness. She thanked the community who helped a resident pay down their water bill. She discussed the importance of ensuring everyone had equal access to the same opportunities and resources.
Councilmember Freitas requested staff agendize a presentation on the settlement with the Department of Justice. He expressed concern regarding public comments made at a previous City Council meeting and recommended Council approve a Code of Conduct for Council, Commission and Board members. He stated the individual responsible for the comments owed everyone an apology a nd recommended they resign from the Antioch Police Oversight Commission (APOC). He reported on his attendance at the New Mayors and Counci lmembers
ANTIOCH CITY COUNCIL
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Academy. He requested staff update Council on the required forms and training for Councilmembers.
Mayor Bernal reported on his attendance at the New Mayors and Councilmembers Academy.
MAYOR’S COMMENTS
Mayor Bernal stated he a ppreciated the productive discussion among Councilmembers. He announced the City was moving forward on recruitment of key positions and congratulated Assistant City Manager Reed on his promotion. He reported that he had been in discussion s with APD to reestablish the Neighborhood Watch and Neighborhood Cleanup Program. He encouraged the community to participate in Budget Study Sessions and announced the next one would be held at 6:00 P.M. on March 4, 2025, and would include a discussion on the APD and Public Safety and Community Resources budgets. He stated the Point In Time Count would begin at 5:30 A.M. on January 30, 2025.
4. CONSENT CALENDAR
A. APPROVAL OF COUNCIL MEETING MINUTES FOR JANUARY 14, 2025
B. APPROVAL OF COUNCIL SPECIAL MEETING/CLOSED SESSION MINUTES FOR JANUARY 17, 2025
C. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR JANUARY 27, 2025
D. APPROVAL OF COUNCIL WARRANTS
E. REJECTION OF CLAIM: NAKEISHA WARDLAW
F. RESOLUTION NO. 2025/13 DISPLAY OF THE PAN-AFRICAN FLAG AT CITY HALL
G. RESOLUTION NO. 2025/14 AMENDMENT TO THE FISCAL YEAR 2024/25 CAPITAL IMPROVEMENT AND OPERATING BUDGET IN THE AMOUNT OF $325,000 FROM
THE PARK-IN-LIEU FUND FOR THE PLAYGROUND REPLACEMENT PURCHASE AT
MARCHETTI PARK
H. RESOLUTION NO. 2025/1 5 ACCEPTANCE OF WORK AND NOTICE OF
COMPLETION FOR THE ANTIOCH WATER PARK PERIMETER FENCE REPAIR PROJECT (P.W. 567-11)
I. RESOLUTION NO. 2025/1 6 APPROVING A FIRST AMENDMENT TO THE
CONSTRUCTION AGREEMENT WITH B AND D EXCAVATION AND
CONSTRUCTION IN THE AMOUNT OF $3,255.58 FOR THE COUNTRY HILLS SOUNDWALL REPLACEMENT PROJECT AND AUTHORIZING A $5,000 FISCAL YEAR 2025 BUDGET AMENDMENT (P.W. 561-3)
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J. RESOLUTION NO. 2025/1 7 APPROVING THE CONSULTING SERVICES
AGREEMENT BETWEEN THE CITY OF ANTIOCH AND TOWNSEND PUBLIC AFFAIRS IN AN AMOUNT NOT TO EXCEED $62,500, AND AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO EXECUTE THE CONSULTANT SERVICES
AGREEMENT AND MAKE THE NECESSARY BUDGET ADJUSTMENTS
On motion by Councilmember Wilson , seconded by Councilmember Torres -Walker, the City Council unanimously approved the Council Consent Calendar with the exception of Item F, which was removed for further discussion.
Item F – Eddie Gums, Tachina Garrett, Devin Williams and Gavin Payton requested the Pan - African Flag be flown through Juneteenth.
Stephanie stated only the American Flag represented all citizens.
Andrew Becker suggested the Pan-African Flag as well as flags representing other heritages be permanently displayed on the eleven flagpoles along the waterfront.
Following discussion, Council directed staff to bring back a discussion on developing a policy for displaying flags on the flag poles along the waterfront.
On motion by Councilmember Wilson, seconded by Councilmember Rocha the City Council unanimously adopted the resolution with the amendment to display the Pan-African Flag through Juneteenth 2025.
3. PRESENTATION
City Manager Scott introduced Agenda Item #3.
Planning Manager Merideth gave a Metropolitan Transportation Commission (MTC) Transit - Oriented Communities (TOC) Policy PowerPoint Presentation.
On motion by Councilmember Freitas, seconded by Councilmember Wilson the City Council unanimously extended the meeting to 11:30 P.M.
Tachina Garrett advocated for keeping the Pittsburg/Antioch AMTRAK station open.
Mark Foley President of BART Board of Directors, offered to provide Council with an update on BART.
Andrew Becker stated if Antioch received grant funding for Transit Oriented Development, he would suggest community engagement occur with all stakeholders.
Councilmember Wilson suggested future discussions include BART.
ANTIOCH CITY COUNCIL
Regular Meeting
January 28, 2025 Page 10 of 13
Councilmember Freitas thank ed Mr. Foley for his comments and supported a detailed presentation from BART on planning and their financial commitments to extend transportation.
Mayor Bernal requested staff investigate a grade separation for the railroad right of way to connect Slatten Ranch Road with the north side of the tracks.
PUBLIC HEARING – Continued
6. AMPORTS DEVELOPMENT AGREEMENT (UP-20-14, AR-20-18, V-21-04)
City Manager Scott introduced Public Hearing Item #6.
Planning Manager Merideth presented the staff report dated January 28, 2025, recommending the City Council introduce, read by title only and waive further reading of an ordinance approving the proposed Development Agreement between the City of Antioch and APS West Coast, Inc. for the AMPORTS project.
Mayor Bernal opened the public hearing.
Jake Brown, Chief Financial Officer for AMPORTS , discussed their efforts to develop an automotive terminal and he provided a summary of their business.
Andrew Becker expressed concern that AMPORT was proposing to postpone much needed road improvements along Wilbur Avenue. He questioned if rail service would also be provided and asked for details of their future improvement plans.
Mayor Bernal closed the public hearing.
Assistant City Manager Reed discussed AMPORTS business model and the request to delay the upland improvements.
Mr. Brown reviewed their business model and financials. He noted their goal was to go beyond their current limit of eight vessels . He noted the proposed per truck fee was a result of negotiations between the City and AMPORTS and it was the highest they could go and still have a viable project.
Planning Manager Merideth confirmed that increasing vessels per year would require an EIR.
Matthew Visick stated the goal was to build the business to rationalize investing in an EIR so they could substantially increase the number of vessels. He confirmed that the volume of traffic associated with the number of vessels currently allowed was analyzed i n the 2021 mitigated negative declaration.
In response to Councilmember Wilson, Planning Manager Merideth reviewed the Initial Improvements included in the Development Agreement.
ANTIOCH CITY COUNCIL
Regular Meeting
January 28, 2025 Page 11 of 13
On motion by Councilmember Torres -Walker, seconded by Councilmember Wilson the City Council unanimously extended the meeting to 12:00 A.M.
Assistant City Manager Reed stated ultimate improvements would include a sidewalk curb and gutter; however, at this time it was not a requirement. He explained that many improvements had not been made in the area because the property was not incorporated until 2012/2013. He noted the fee per truck would include vehicles brought to the site not on vessels.
In response to Mayor Bernal, Assistant City Manager Reed stated that section 1.2 Term of the Development Agreement referencing section 2.6.1 would be corrected to 2.5.2.
Councilmember Freitas stated he did not like the Development A greement; however, if denied he did not know how likely something would develop afterward.
On motion by Councilmember Freitas, seconded by Councilmember Torres-Walker, the City Council unanimously introduced, read by title only and waived further reading of an ordinance approving the proposed Development Agreement between the City of Antioch and APS West Coast, Inc. for the AMPORTS project.
Interim City Attorney Cole recused himself and left the dais prior to the discussion on Council Regular Agenda Item #7.
COUNCIL REGULAR AGENDA
7. CONTRACT WITH COLE HUBER LLP FOR INTERIM CITY ATTORNEY DUTIES FOR AN AMOUNT NOT TO EXCEED $400,000
City Manager Scott introduced Council Regular Agenda Item #7.
Director of Human Resources Cortez presented the staff report dated January 28, 2025, recommending the City Council adopt a resolution approving the agreement with Cole and Huber LLP to provide Interim City Attorney Services for an amount up to $400,000 and authorize the Mayor to sign the Agreement.
RESOLUTION NO. 2025/18
On motion by Councilmember Freitas, seconded by Councilmember Rocha, the City Council unanimously adopted a resolution approving the agreement with Cole and Huber LLP to provide Interim City Attorney Services for an amount up to $400,000 and authorize the Mayor to sign the Agreement.
Interim City Attorney Cole returned to the dais following the discussion for Council Regular Agenda Item #7.
ANTIOCH CITY COUNCIL
Regular Meeting
January 28, 2025 Page 12 of 13
8. RESCISSION OF RESOLUTION NO. 2021/26 IMPLEMENTING A POLICY FOR THE
CITY, INCLUDING ALL OF ITS DEPARTMENTS, REGARDING THE SELECTION OF
ATTORNEYS PROVIDING CONTRACT SERVICES, AND THE REVIEW,
AUTHORIZATION AND EXECUTION OF ALL AGREEMENTS FOR LEGAL SERVICES
AND SERVICES TO BE PROVIDED BY ATTORNEYS TO THE CITY
Interim City Attorney Cole presented the staff report dated January 28, 2025, recommending the City Council adopt the resolution rescinding Resolution No. 2021/26, which implemented a policy for selecting attorneys providing legal services and managing related agreements and invoices.
In response to Councilmember Freitas, City Manager Scott confirmed that action to rescind this resolution would shift the responsibility for budgeting, processing, and evaluating legal services invoices to the City Manager.
On motion by Councilmember Torres -Walker, seconded by Councilmember Rocha , the City Council unanimously adopted the resolution rescinding Resolution No. 2021/26, which implemented a policy for selecting attorneys providing legal services and managing related agreements and invoices.
9. CITY COUNCIL APPOINTMENT OF STANDBY CITY COUNCIL MEMBERS
City Manager Scott presented the staff report dated January 28, 2025, recommending the City Council appoint the following nominees as Standby City Council Members:
• Mayor Bernal - 1) Robin K. Agopian; 2) Manuel Louis Soliz Jr.; 3) Sandra Gail White • Mayor Pro Tem (District 2) Rocha - 1) Mike Barbanica; 2) Tony G. Tiscareno ; 3) Mary Helen Rocha
• Council Member District 1Torres -Walker - 1) Leslie May ; 2) Raymond Rodriguez ; 3) Antoine Watt
• Council Member District 4 Wilson - 1) Harry Thurston; 2) Devin Williams; 3) Porshe Taylor
Councilmember Freitas will provide his Standby Council Members at a future meeting.
On motion by Councilmember Rocha , seconded by Councilmember Torres -Walker, the City Council unanimously appointed the following nominees as Standby City Council Members:
• Mayor Bernal - 1) Robin K. Agopian; 2) Manuel Louis Soliz Jr.; 3) Sandra Gail White • Mayor Pro Tem (District 2) Rocha - 1) Mike Barbanica; 2) Tony G. Tiscareno ; 3) Mary Helen Rocha
• Council Member District 1 Torres-Walker - 1) Leslie May ; 2) Raymond Rodriguez ; 3) Antoine Watt
• Council Member District 4 Wilson - 1) Harry Thurston; 2) Devin Williams; 3) Porshe Taylor
ANTIOCH CITY COUNCIL
Regular Meeting
January 28, 2025 Page 13 of 13
PUBLIC COMMENT
Andrew Becker requested the City consider increasing the volume of the live feeds and recordings on the C ity’s website . He expressed concern that public comments were not accepted during the Budget Study Session and suggested staff ask for public comments for every agenda item. He requested a meeting with staff to discuss Encampment Resolution funding.
STAFF COMMUNICATIONS
City Manager Scott acknowledged Assistant City Manager Reed for negotiating the agreement with AMPORTS. She announced that the Police Chief Survey would be available on January 29, 2025, on the city’s website and a Community Forum for the Police Chief search would be held from 11:00 A.M – 1:00 P.M. February 8, 2025, at the Community Center.
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS
Councilmember Wilson requested staff agendize a discussion on updating the City’s message business ordinance.
Councilmember Rocha requested the City provide the community with information on how the City would address immigration issues and the rights of those affected. He suggested this effort occur at a school or church.
Councilmember Torres-Walker requested staff agendize a discussion or provide Council with the 90-day list of future agenda items. She also requested fully funded vacant positions as well as the reclassifications return to Council for consideration. She announced she had been communicating with stakeholders about providing the community with information forums on immigration.
ADJOURNMENT
On motion by Councilmember Torres-Walker, seconded by Councilmember Rocha, the City Council unanimously adjourned the meeting at 12:00 A.M.
Respectfully submitted:
Kitty Eiden
KITTY EIDEN, Minutes Clerk
B
02-25-25
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
Regular Meeting of February 25, 2025
Honorable Mayor and Members of the City Council
SUBMITTED BY: Melissa Rhodes, City Clerk
Christina Garcia, CMC, Assistant City Clerk
SUBJECT: City Council Meeting Minutes of February 11, 2025
RECOMMENDED ACTION
It is recommended that the City Council continue the Meeting Minutes of February 11, 2025.
FISCAL IMPACT
None
DISCUSSION
N/A
ATTACHMENT
None.
Cg
C
02-25-25
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
Regular Meeting of February 25, 2025
Honorable Mayor and Members of the City Council
SUBMITTED BY: Melissa Rhodes, City Clerk
Christina Garcia, CMC, Assistant City Clerk
SUBJECT: City Council Special Meeting/Closed Session Minutes of February 19, 2025
RECOMMENDED ACTION
It is recommended that the City Council continue the Special Meeting/Closed Session Minutes of February 19, 2025.
FISCAL IMPACT
None
DISCUSSION
N/A
ATTACHMENT
None.
Cg
100 General Fund
Non departmental
00417762 LEAGUE OF CALIF CITIES ANNUAL DUES 15,944.00
00417779 PARS PAYROLL 4,907.12
00417893 LUNDIN, ASHLEY CHECK REPLACEMENT 3,497.50
00417921 QUADIENT LEASING USA INC POSTAGE 2,000.00
00417934 EMPLOYEE REFUND OVERPAYMENT 324.36
00950378 NATIONWIDE RETIREMENT SOLUTION PAYROLL 33,424 .87 City Council
00417722 CITY OF OAKLEY MAYORS CONFERENCE 140.00
00417731 COSTCO VARIOUS BUSINESS EXPENSES 267.76
00417816 AMAZON CAPITAL SERVICES INC OFFICE SUPPLIES 1 55.22 00417918 PHOTOGRAPHY BY TISH MAYOR BERNAL PORTRAITS 21 4.01 City Attorney
00417705 ATKINSON ANDELSON LOYA RUUD & ROMO LEGAL SER VICES RENDERED 90.00 00417748 HANSON BRIDGETT LLP LEGAL SERVICES RENDERED 6 3,614.55 00417757 JACKSON LEWIS PC LEGAL SERVICES RENDERED 1,58 8.00 00417770 MEYERS NAVE A PROFESSIONAL CORP LEGAL SERVIC ES RENDERED 53,922.20 00417783 RICHARD D. JONES A PROFESSIONAL LAW LEGAL SE RVICES RENDERED 53.00 00417833 BERTRAND FOX ELLIOT OSMAN & WENZEL LLP LEGAL SERVICES RENDERED 195.00 00417887 LIEBERT CASSIDY WHITMORE LEGAL SERVICES REND ERED 2,505.20 City Manager
00417731 COSTCO VARIOUS BUSINESS EXPENSES 216.57
00417791 SHIELD PROTECTION & PUBLIC SAFETY SECURITY S ERVICES 7,097.50 00417816 AMAZON CAPITAL SERVICES INC OFFICE SUPPLIES 9 .94 00417817 AMBIUS PLANT SERVICE 412.42
00417847 CONTRA COSTA COUNTY LIBRARY TECHNOLOGY 1,034. 53 00417885 LEAGUE OF CALIF CITIES MEMBERSHIP DUES 400.00
00417907 OFFICE DEPOT INC OFFICE SUPPLIES 1,303.38
00417933 SHIELD PROTECTION & PUBLIC SAFETY SECURITY S ERVICES 6,894.50 00950411 UBEO BUSINESS SERVICES COPIER 1,015.19
City Clerk
00417693 ACCOUNTEMPS TEMP SERVICES 3,394.17
00417812 ACCOUNTEMPS TEMP SERVICES 3,475.64
00417863 EIDEN, KITTY J MINUTES 1,750.00
00417896 MAR/CAL RESO BOOKS 899.19
00417907 OFFICE DEPOT INC OFFICE SUPPLIES 85.13
00417926 ROSALES, VANESSA ROSE EXPENSE REIMBURSEMENT 3 55.59 City Treasurer
00417890 LOOMIS ARMORED LLC ARMORED CAR PICKUP 353.54
Human Resources
00417717 CALIF DEPARTMENT OF JUSTICE FINGERPRINTS 528. 00 00417746 GARON WYATT INVESTIGATIVE SVC LLC RECRUITMEN T EXPENSES 5,962.15 00417775 OFFICE DEPOT INC OFFICE SUPPLIES 188.19
00417878 IEDA INC PROFESSIONAL SERVICES 6,755.44
00417945 WORXTIME LLC SOFTWARE SERVICES 2,205.00
Finance Accounting
00417907 OFFICE DEPOT INC OFFICE SUPPLIES 43.02
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JANUARY 30-FEBRUARY 13, 2025
FUND/CHECK #
Finance Accounting
Prepared by: L. Reyes
2/20/2025 February 25, 2025 Page 1
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JANUARY 30-FEBRUARY 13, 2025
FUND/CHECK #
00950390 SUPERION LLC INCODE INTERFACE 9,360.00
00950391 UBEO BUSINESS SERVICES AP SCANNER 817.64
Finance Operations
00417921 QUADIENT LEASING USA INC PROTECTION FEE 10.10
00950411 UBEO BUSINESS SERVICES CONTRACT LEASE 3.29
Non Departmental
00417762 LEAGUE OF CALIF CITIES ANNUAL DUES 15,944.00
00417772 NICHOLE GARDNER CIVIC ENH GRANT FY 24/25 1,00 0.00 00417780 PRISON FROM THE INSIDE OUT INC CIVIC ENH GRA NT FY 24/25 1,500.00 00417794 STEM4REAL CIVIC ENH GRANT FY 24/25 1,800.00
00417804 WAGEWORKS ADMIN FEE 01/2025 578.00
00417824 ANTIOCH ROTARY CLUB CIVIC ENH GRANT FY 24/25 300.00 00417854 DAVIDON HOMES OVERCHARGED/OVERPAID 12,877.28
00417857 DELTA VETERANS GROUP CIVIC ENH GRANT FY 24/2 5 5,500.00 00417927 RR TRANSITIONAL HOUSING CIVIC ENH GRANT FY 2 4/25 3,600.00 00417932 SHARE COMMUNITY CIVIC ENH GRANT FY 24/25 2,80 0.00 00950394 AVENU SUTA SERVICES 2,870.36
Public Works Administration
00417740 FASTSIGNS BUSINESS CARDS - KYOUNG 100.95
00417816 AMAZON CAPITAL SERVICES INC OFFICE SUPPLIES 3 0.50 00417907 OFFICE DEPOT INC OFFICE SUPPLIES 649.14
Public Works Street Maintenance
00417700 ANRAK CORPORATION ASPHALT GRINDING 8,600.00
00417767 LOWES COMPANIES INC SUPPLIES 223.81
00417906 OCCUPATIONAL HEALTH CENTERS OF CA INC MEDICA L EXAMS 831.00 00417907 OFFICE DEPOT INC OFFICE SUPPLIES 110.79
00950383 GRAINGER INC MUFFLER VAC TRUCK 499.64
Public Works-Signal/Street Lights
00417856 DC ELECTRIC GROUP INC STREET LIGHT REPAIR 48, 331.45 00417913 PACIFIC GAS AND ELECTRIC CO ELECTRIC 2,739.11
00417914 PACIFIC GAS AND ELECTRIC CO ELECTRIC 11,912.9 5 Public Works-Facilities Maintenance
00417767 LOWES COMPANIES INC SUPPLIES 1,617.87
00417775 OFFICE DEPOT INC OFFICE SUPPLIES 53.68
00417796 STERICYCLE INC PROFESSIONAL SERVICES 100.96
00417797 STERICYCLE INC PROFESSIONAL SERVICES 101.35
00417802 ULINE SUPPLIES 1,934.51
00417816 AMAZON CAPITAL SERVICES INC OFFICE SUPPLIES 1 ,116.26 00417834 BIG B LUMBER BRIDGE REPAIR 954.87
00417856 DC ELECTRIC GROUP INC ELECTRIC UPGRADE 6,721. 64 00417866 FASTENAL CO KEY RINGS 75.07
00417895 M AND L OVERHEAD DOORS REPAIR FOR RV LOT 994. 79 00417907 OFFICE DEPOT INC OFFICE SUPPLIES 34.23
00417913 PACIFIC GAS AND ELECTRIC CO GAS 1,647.28
00417914 PACIFIC GAS AND ELECTRIC CO GAS 18,312.61
00417916 PEPPER INVESTMENTS INC JAN SERVICES 612.00
00417920 PRECISION PLUMBING & CONTRACTING INC LEAK DE TECTION 2,550.00 00417925 ROBINS LOCK & KEY LOCKSMITH SERVICES 570.00
Finance Accounting
Prepared by: L. Reyes
2/20/2025 February 25, 2025 Page 2
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JANUARY 30-FEBRUARY 13, 2025
FUND/CHECK #
00417939 STEVE AVON PROFESSIONAL SERVICES 2,285.00
00950381 CONSOLIDATED ELECTRICAL DIST INC ELECTRICAL SUPPLIES 229.01 00950399 CONSOLIDATED ELECTRICAL DIST INC SUPPLIES 1,5 06.63 Public Works-Parks Maint
00417696 ALTA FENCE CO FENCE REPAIR 6,066.00
00417698 AMERICAN PLUMBING INC PLUMBING SERVICES 175.0 0 00417702 ARBORICULTURAL SPECIALTIES, INC LANDSCAPE SE RVICES 600.00 00417818 AMERICAN PLUMBING INC LEAK REPAIR 888.75
00417913 PACIFIC GAS AND ELECTRIC CO ELECTRIC 428.56
00417914 PACIFIC GAS AND ELECTRIC CO ELECTRIC 1,415.22
00950389 SITEONE LANDSCAPE SUPPLY HOLDING LLC SUPPLIE S 754.61 Public Works-Median/General Land
00417799 TERRACARE ASSOCIATES MAIN REPAIR 1,575.00
00417807 WATERSAVERS IRRIGATION, INC REPAIRS 78.92
00417816 AMAZON CAPITAL SERVICES INC OFFICE SUPPLIES 4 15.54 00417913 PACIFIC GAS AND ELECTRIC CO ELECTRIC 24.11
00417914 PACIFIC GAS AND ELECTRIC CO ELECTRIC 2,453.60
00950389 SITEONE LANDSCAPE SUPPLY HOLDING LLC IRRIGAT ION PARTS 5,910.81 Police Administration
00417703 ARROWHEAD 24 HOUR TOWING INC TOWING SERVICES 1,649.50 00417704 AT AND T MCI MODEM 704.05
00417711 BECERRA, ARTURO MODESTO EXPENSE REIMBURSEMEN T 80.00 00417719 CANON FINANCIAL SERVICES COPIER LEASE 114.10
00417720 CHANDLER, JOSEPH ANTHONY PER DIEM 86.00
00417723 CODE 3 WEAR PUBLIC SAFETY OUTFITTERS LLC UNI FORMS 938.00 00417727 CONTRA COSTA COUNTY TRAINING 204.00
00417732 CRIME SCENE CLEANERS INC BIO-HAZARD 1,895.00
00417734 CSI FORENSIC SUPPLY LLC EVIDENCE SUPPLIES 1,3 13.41 00417741 FEDEX VARIOUS PRODUCT MAILINGS 152.85
00417745 GARNER, PAIGE ANDREA EXPENSE REIMBURSEMENT 15 5.91 00417768 MARTINEZ, ASHLEY N EXPENSE REIMBURSEMENT 66.0 8 00417774 OCCUPATIONAL HEALTH CENTERS OF CA INC MEDCIA L EXAMS 1,634.00 00417775 OFFICE DEPOT INC OFFICE SUPPLIES 250.71
00417793 STATE OF CALIFORNIA PAYROLL 492.00
00417802 ULINE OFFICE SUPPLIES 375.22
00417813 ADAMSON POLICE PRODUCTS EQUIPMENT 11,695.04
00417814 ALL PRO PRINTING SOLUTIONS SUPPLIES 1,148.73
00417821 AMERICAN TROPHIES AWARDS & PROMO MAILBOX TAG S 34.85 00417827 ARROWHEAD 24 HOUR TOWING INC TIRE CHANGE 306. 00 00417836 BPS TACTICAL INC. EQUIPMENT 4,306.08
00417837 BROWN, MA'JANAE TASHIRA EXPENSE REIMBURSEMEN T 362.94 00417842 CODE 3 WEAR PUBLIC SAFETY OUTFITTERS LLC UNI FORMS 2,313.37 00417846 CONTRA COSTA COUNTY BUSINESS CARDS 759.95
00417851 CRYSTAL CLEAR LOGOS INC UNIFORMS 815.59
00417860 EAN SERVICES LLC CAR RENTALS 635.40
00417868 FEDEX POSTAGE 57.85
00417872 GAMEPOD COMBAT ZONE TRAINING 1,450.00
00417874 GREEN, ROBERT A PER DIEM 258.00
Finance Accounting
Prepared by: L. Reyes
2/20/2025 February 25, 2025 Page 3
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JANUARY 30-FEBRUARY 13, 2025
FUND/CHECK #
00417881 KAWALYA, COSTANTINE TENDO PER DIEM 272.00
00417884 LC ACTION POLICE SUPPLY SUPPLIES 1,972.21
00417891 LOPEZ INVESTIGATIVE SERVICES BACKGROUND 5,000 .00 00417907 OFFICE DEPOT INC OFFICE SUPPLIES 5,179.51
00417911 PACIFIC COAST POLYGRAPH & INVESTIGATIONS PO LYGRAPHS 2,400.00 00417917 PERMANENTE MEDICAL GROUP INC, THE MEDICAL EX AMS 2,776.00 00417929 SAFESTORE INC EVIDENCE STORAGE 4,969.20
00417931 SCHWAAB INC. RECORDS STAMPS 100.20
00417942 WARD, CHAD MICHAEL PER DIEM 430.00
00950391 UBEO BUSINESS SERVICES COPIER LEASE 1,031.48
00950393 WILLIAMS SCOTSMAN INC EVIDENCE STORAGE 211.10
00950412 ULINE ADMIN SUPPLIES 187.86
Police Community Policing
00417716 BUSHBY, BRANDON MATTHEW EXPENSE REIMBURSEMEN T 56.01 00417718 CANINE DEVELOPMENT GROUP INC SUBSCRIPTION 140 .00 00417751 HILLCREST CHEVRON CAR WASHES 684.52
00417754 IBANEZ, ROBERT G. EXPENSE REIMBURSEMENT 69.27
00417763 LENDERMAN, THOMAS E EXPENSE REIMBURSEMENT 23. 00 00417853 D TAC K9 LLC TRAINING 2,400.00
00417867 FASTRAK VIOLATION PROCESSING ON DUTY TOLL 25. 30 00417877 HUNT AND SONS INC FUEL 35.91
00950392 UNLIMITED GRAPHIC AND SIGN NETWORK INSTALLAT ION 1,308.50 Police Investigations
00417728 CONTRA COSTA COUNTY CRIME LAB 17,835.60
00417733 CRYSTAL CLEAR LOGOS INC UNIFORMS 122.92
00417781 RANEY, MICHAEL EXPENSE REIMBURSEMENT 60.00
00417789 SEROLOGICAL RESEARCH INSTITUTE EVIDENCE PROC ESSING 1,450.00 00417798 T MOBILE USA INC CELL RECORDS 115.00
00417800 THOMSON WEST SOFTWARE SUBSCRIPTION 1,900.00
00417907 OFFICE DEPOT INC OFFICE SUPPLIES 133.34
00417944 WHITAKER, WILLIAM EXPENSE REIMBURSEMENT 25.50
00950407 NAPA SOLANO SART SART EXAM 2,400.00
PD Special Investigations Unit
00417860 EAN SERVICES LLC CAR RENTALS 12,182.09
Police Communications
00417699 AMS DOT NET INC VMWARE UPGRADE 412.50
00417704 AT AND T MCI MODEM 844.40
00417724 COMCAST CONNECTION SERVICES 189.95
00417750 HERMAN MILLER INC EQUIPMENT 6,508.18
00417765 LIVEVIEW TECHNOLOGIES, INC MOBILE SECURITY 40 0.00 00417771 NET TRANSCRIPTS TRANSCRIPT SERVICES 374.48
00417820 AMERICAN TOWER CORPORATION TOWER FEES 274.64
00417828 AT AND T PHONES 65.32
00417843 COMCAST CONNECTION SERVICES 301.80
00950385 ISSQUARED, INC COMPUTER EQUIPMENT 3,264.17
Police Facilities Maintenance
00417712 BILL BRANDT FORD EXTRA KEY PROGRAM 125.00
00417767 LOWES COMPANIES INC SUPPLIES 947.70
Finance Accounting
Prepared by: L. Reyes
2/20/2025 February 25, 2025 Page 4
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JANUARY 30-FEBRUARY 13, 2025
FUND/CHECK #
00417785 ROBINS LOCK AND KEY LOCKSMITH SERVICES 350.00
00417801 TMC SHOOTING RANGE SPECIALIST INC RANGE MAIN TENANCE 6,575.00 00417876 HONEYWELL INTERNATIONAL INC CHILLER 32,925.00
00417895 M AND L OVERHEAD DOORS GATE REPAIR 382.50
00417907 OFFICE DEPOT INC OFFICE SUPPLIES 5,930.74
00417914 PACIFIC GAS AND ELECTRIC CO GAS 29,744.80
00417916 PEPPER INVESTMENTS INC JAN SERVICES 222.00
Youth Network Services
00417737 DELTA BOWL YOUTH EVENT 1,090.00
00417787 RR TRANSITIONAL HOUSING TUTORING PROGRAM 3,38 6.80 00417809 WHITTINGTON, LAURA YOUTH EVENT 1,810.00
00417816 AMAZON CAPITAL SERVICES INC OFFICE SUPPLIES 6 18.84 00417825 ANTIOCH UNIFIED SCHOOL DISTRICT JOB FAIR-BUS 1,390.80 00417855 DAVIS, MILANIA YOCH PROGRAM 576.00
Housing and Homelessness
00417790 SHARE COMMUNITY LAUNDRY SERVICES 6,075.50
Violence Intervention & Preven
00417758 JOHNSON, TASHA YVETTE PER DIEM 322.00
PSCR Administration
00417816 AMAZON CAPITAL SERVICES INC OFFICE SUPPLIES 6 92.77 00417873 GLASPER, BRIAN SERVICES FOR EVENT 400.00
Community Development Administration
00417788 SCUDERO, KEVIN S EXPENSE REIMBURSEMENT 984.21
CD Code Enforcement
00417706 AVILA-ARMENTA, ERNESTO EXPENSE REIMBURSEMENT 760.98 00417883 KOLOKIHAKAUFISI, SANI KI-TUNGUA EXPENSE REIM BURSEMENT 693.68 00417894 LUNSFORD, AMANDA JANE EXPENSE REIMBURSEMENT 6 55.57 PW Engineer Land Development
00417749 HAWTHORN VENTURES LLC UNIFORMS 716.72
Community Development Building Inspection
00417906 OCCUPATIONAL HEALTH CENTERS OF CA INC MEDICA L EXAMS 352.00 Capital Imp. Administration
00417816 AMAZON CAPITAL SERVICES INC OFFICE SUPPLIES 6 2.45 206 American Rescue Plan Fund
Non Departmental
00417726 CONCORD GLASS INC ARPA SMALL BUSINESS GRANT 1 5,000.00 00417730 CORNEJO'S APPLIANCE #2, LLC ARPA SMALL BUSIN ESS GRANT 10,000.00 00417759 KANNAN KOMANDUR DENTAL INC ARPA SMALL BUSINE SS GRANT 10,000.00 00417761 KIM, HAMI L ARPA SMALL BUSINESS GRANT 10,000.00 00417928 RUDRAM LLC BRIDGE HOUSING 97,333.33
PSCR Administration
00417856 DC ELECTRIC GROUP INC SUPPLIES 9,617.37
208 PLHA Grant Fund
PLHA
00417936 STAND FOR FAMILIES FREE OF VIOLENCE Q2FY24-2 5 STAND REIMB 3,043.31 211 Delta Fair Property Fund
Non departmental
Parks & Open Space
Finance Accounting
Prepared by: L. Reyes
2/20/2025 February 25, 2025 Page 5
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JANUARY 30-FEBRUARY 13, 2025
FUND/CHECK #
00950405 KLEINFELDER INC PROFESSIONAL SERVICES 384.95
00950410 STAR CONSTRUCTION INC PROGRESS PAYMENT #7 327 ,110.00 212 CDBG Fund
CDBG
00417830 BAY AREA CRISIS NURSERY Q2FY24-25 BACN REIMB 2,497.07 00417839 CANCER SUPPORT COMMUNITY Q2FY24-25-CANCERSUP PORT 2,499.81 00417845 COMMUNITY VIOLENCE SOLUTIONS Q2FY24-25 CVS R EIMB 2,499.84 00417898 MEALS ON WHEELS & SENIOR OUTREACH SVC Q2FY24 -25-MOW CM REIMB 2,500.02 00417899 MONUMENT IMPACT Q2FY24-25-MONIMPACT REIMB 3,9 99.14 00417908 OPPORTUNITY JUNCTION Q2FY24-25-OPJTECH REIMB 11,010.50 00417923 RENAISSANCE ENTREPRENEURSHIP CENTER Q2FY24-2 5 RENCENTER REIMB 5,645.61 00417935 SOCIETY OF ST VINCENT DE PAUL OF CCC Q2FY24- 25-SVDP REIMB 1,089.00 213 Gas Tax Fund
Streets
00417913 PACIFIC GAS AND ELECTRIC CO ELECTRIC 1,323.84
00417914 PACIFIC GAS AND ELECTRIC CO ELECTRIC 63,272.8 8 214 Animal Services Fund
Animal Services
00417914 PACIFIC GAS AND ELECTRIC CO GAS 1,565.51
00950412 ULINE OFFICE SUPPLIES 2,308.27
219 Recreation Fund
Non departmental
00417849 CORNERSTONE CHRISTIAN CENTER CHECK REPLACEME NT 100.00 00417905 O'NEAL, DERRICK REFUND DEPOSIT 500.00
Nick Rodriguez Community Cent
00417850 COSTCO VARIOUS BUSINESS EXPENSES 669.60
00417864 EL CAMPANIL THEATRE PRESERVATION THEATRE TE CH SUPPORT 1,890.00 00417905 YOUNG, GRENITA REFUND RENTAL FEES 1,296.50
00417914 PACIFIC GAS AND ELECTRIC CO GAS 8,759.72
00417916 PEPPER INVESTMENTS INC JAN SERVICES 222.00
00417940 TRI DELTA TRANSIT TRI DELTA BUS PASSES 5,500. 00 00950413 BRADY INDUSTRIES JANITORIAL SUPPLIES 179.27
Recreation Sports Programs
00417696 ALTA FENCE CO FENCE REPAIR 1,747.00
00417715 BSN SPORTS EQUIPMENT 1,364.98
00417767 LOWES COMPANIES INC SUPPLIES 183.39
00417838 BSN SPORTS EQUIPMENT 1,364.98
00417914 PACIFIC GAS AND ELECTRIC CO ELECTRIC 5,224.95
00417919 PLAYSAFE LLC FIELD MAINTENANCE TRAINING 1,900.00 Recreation-Comm Center
00417697 AMAZON CAPITAL SERVICES INC OFFICE SUPPLIES 2 ,176.35 00417767 LOWES COMPANIES INC SUPPLIES 37.45
00417802 ULINE SUPPLIES 2,949.29
00417831 BAY AREA DRIVING SCHOOL INC CONTRACTOR PAYME NT 1,488.00 00417832 BE EXCEPTIONAL CONTRACTOR PAYMENT 2,130.60
00417859 DUGAND, KARINA CONTRACTOR PAYMENT 1,593.00
00417865 FALLOWS, CHRISTOPHER ROBERT PROFESSIONAL SER VICES 686.40 00417890 LOOMIS ARMORED LLC ARMORED CAR PICKUP 345.49
Finance Accounting
Prepared by: L. Reyes
2/20/2025 February 25, 2025 Page 6
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JANUARY 30-FEBRUARY 13, 2025
FUND/CHECK #
00417901 MUIR, ROXANNE CONTRACTOR PAYMENT 234.00
00417920 PRECISION PLUMBING & CONTRACTING INC SERVICE 5,892.00 00950412 ULINE SUPPLIES 583.50
Recreation Water Park
00417697 AMAZON CAPITAL SERVICES INC OFFICE SUPPLIES 1 ,226.10 00417729 CONTRA COSTA COUNTY HEALTH SERVICES PLAN REV IEW 348.25 00417767 LOWES COMPANIES INC SUPPLIES 100.81
00417806 WATER SAFETY PRODUCTS INC LIFEGUARD SUPPLIES 1,580.47 00417889 LINCOLN EQUIPMENT INC CHEMICALS 2,600.90
00417914 PACIFIC GAS AND ELECTRIC CO GAS 16,947.47
00417916 PEPPER INVESTMENTS INC JAN SERVICES 543.00
00950387 KNORR SYSTEMS INC CHEMICALS 492.92
00950406 KNORR SYSTEMS INC CHEMICALS 445.48
222 Measure C/J Fund
Streets
00417739 EVERDE GROWERS LONE TREE ENHANCEMENT 17,964.4 3 00417807 WATERSAVERS IRRIGATION, INC LONE TREE ENHANC EMENT 7,926.59 226 Solid Waste Reduction Fund
Solid Waste
00417862 ECOHERO SHOW LLC, THE SCHOOL PERFORMANCE 1,25 0.00 00417880 KATHY KRAMER CONSULTING SPONSORSHIP OF BBTN TOUR 1,000.00 229 Pollution Elimination Fund
Channel Maintenance Operation
00417767 LOWES COMPANIES INC SUPPLIES 168.86
251 Lone Tree SLLMD Fund
Lonetree Maintenance Zone 1
00417914 PACIFIC GAS AND ELECTRIC CO ELECTRIC 1,152.22
Lonetree Maintenance Zone 2
00417799 TERRACARE ASSOCIATES MAIN REPAIR 525.00
00417914 PACIFIC GAS AND ELECTRIC CO ELECTRIC 1,025.80
Lonetree Maintenance Zone 3
00417799 TERRACARE ASSOCIATES MAIN REPAIR 1,425.00
Lonetree Maintenance Zone 4
00417799 TERRACARE ASSOCIATES MAIN REPAIR 1,200.00
00417914 PACIFIC GAS AND ELECTRIC CO ELECTRIC 107.09
252 Downtown SLLMD Fund
Downtown Maintenance
00417799 TERRACARE ASSOCIATES MAIN REPAIR 525.00
00417914 PACIFIC GAS AND ELECTRIC CO ELECTRIC 2,008.08
253 Almondridge SLLMD Fund
Almondridge Maintenance
00417914 PACIFIC GAS AND ELECTRIC CO ELECTRIC 374.59
254 Hillcrest SLLMD Fund
Non departmental
Hillcrest Maintenance Zone 1
00417799 TERRACARE ASSOCIATES MAIN REPAIR 450.00
00417914 PACIFIC GAS AND ELECTRIC CO ELECTRIC 1,274.46
Hillcrest Maintenance Zone 2
Finance Accounting
Prepared by: L. Reyes
2/20/2025 February 25, 2025 Page 7
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JANUARY 30-FEBRUARY 13, 2025
FUND/CHECK #
00417708 B AND D EXCAVATION & CONSTRUCTION INC PROGRE SS PAYMENT #5 220,280.58 00417799 TERRACARE ASSOCIATES MAIN REPAIR 225.00
00417914 PACIFIC GAS AND ELECTRIC CO ELECTRIC 1,035.42
Hillcrest Maintenance Zone 4
00417702 ARBORICULTURAL SPECIALTIES, INC LANDSCAPE SE RVICES 1,567.50 00417914 PACIFIC GAS AND ELECTRIC CO ELECTRIC 983.73
255 Park 1A Maintenance District Fund
Park 1A Maintenance District
00417844 COMCAST CONNECTION SERVICES 123.80
00417913 PACIFIC GAS AND ELECTRIC CO ELECTRIC 94.46
00417914 PACIFIC GAS AND ELECTRIC CO ELECTRIC 131.67
256 Citywide 2A Maintenance District Fund
Citywide 2A Maintenance Zone 3
00417914 PACIFIC GAS AND ELECTRIC CO ELECTRIC 110.14
Citywide 2A Maintenance Zone 4
00417914 PACIFIC GAS AND ELECTRIC CO ELECTRIC 538.14
Citywide 2A Maintenance Zone 5
00417799 TERRACARE ASSOCIATES MAIN REPAIR 300.00
00417914 PACIFIC GAS AND ELECTRIC CO ELECTRIC 1,041.93
Citywide 2A Maintenance Zone 6
00417914 PACIFIC GAS AND ELECTRIC CO ELECTRIC 311.00
Citywide 2A Maintenance Zone 8
00417799 TERRACARE ASSOCIATES MAIN REPAIR 112.50
Citywide 2A Maintenance Zone 9
00417799 TERRACARE ASSOCIATES MAIN REPAIR 225.00
00417914 PACIFIC GAS AND ELECTRIC CO ELECTRIC 676.07
Citywide 2A Maintenance Zone10
00417914 PACIFIC GAS AND ELECTRIC CO ELECTRIC 101.08
257 SLLMD Administration Fund
SLLMD Administration
00417767 LOWES COMPANIES INC SUPPLIES 31.27
00417816 AMAZON CAPITAL SERVICES INC OFFICE SUPPLIES 8 36.76 00417907 OFFICE DEPOT INC OFFICE SUPPLIES 24.87
00417930 SALSBURY INDUSTRIES LOCKERS 3,785.79
00950385 ISSQUARED, INC COMPUTER EQUIPMENT 867.65
259 East Lone Tree SLLMD Fund
Zone 1-District 10
00417914 PACIFIC GAS AND ELECTRIC CO ELECTRIC 58.95
281 CFD 2018-01 Public Services Fund
CFD 2018-01 Maintenance
00417914 PACIFIC GAS AND ELECTRIC CO ELECTRIC 1,481.57
311 Capital Improvement Fund
Streets
00417856 DC ELECTRIC GROUP INC ELECTRICAL SERVICES 121 ,640.00 Energy Efficiency
00417755 ICLEI USA MEMBERSHIP ANNUAL MEMBERSHIP 2,250. 00 312 Prewett CIP Fund
Parks & Open Space
Finance Accounting
Prepared by: L. Reyes
2/20/2025 February 25, 2025 Page 8
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JANUARY 30-FEBRUARY 13, 2025
FUND/CHECK #
00417892 LOPEZ MNTS SVCS LLC PROFESSIONAL SERVICES 3,7 50.00 417 2015 Ref Bond (02 Lease Rev) Fund
Non Departmental
00417810 WILLDAN FINANCIAL SERVICES DISCLOSURE SERVIC ES 100.00 570 Equipment Maintenance Fund
Non departmental
00417753 HUNT AND SONS INC FUEL 5,908.77
00417877 HUNT AND SONS INC FUEL 4,046.29
Equipment Maintenance
00417712 BILL BRANDT FORD REPAIR 980.00
00417721 CHUCKS BRAKE & WHEEL SERVICE INC ENGINE 3,830 .28 00417764 LIM AUTOMOTIVE SUPPLY INC PARTS 250.13
00417773 NORCAL DIESEL SOLUTIONS VEHICLE MAINTENANCE 8 68.00 00417776 OREILLY AUTO PARTS PARTS 923.91
00417805 WALNUT CREEK FORD PARTS 599.28
00417841 CHUCKS BRAKE & WHEEL SERVICE INC PARTS 85.56
00417861 ECHARARRIA, MARIA USED TIRE DISPOSAL 343.25
00417875 HAWTHORN VENTURES LLC CLOTHING 233.73
00417882 KERN OIL FILTER RECYCLING, LLC FILTER 130.00
00417886 LES SCHWAB TIRES OF CALIFORNIA TIRES 2,244.49
00417888 LIM AUTOMOTIVE SUPPLY INC PARTS 577.00
00417902 MUNICIPAL MAINT EQUIPMENT INC OUTSIDE REPAIR 582.97 00417907 OFFICE DEPOT INC OFFICE SUPPLIES 68.53
00417909 OREILLY AUTO PARTS PARTS 304.90
00417914 PACIFIC GAS AND ELECTRIC CO ELECTRIC 980.77
00950386 KIMBALL MIDWEST OPERATING SUPPLIES 841.44
00950388 PETERSON TRACTOR CO OUTSIDE REPAIR 3,405.85
00950399 CONSOLIDATED ELECTRICAL DIST INC PARTS 953.73
00950408 RED WING SHOE STORE SAFETY SHOES- ARANDA, A 9 00.00 573 Information Services Fund
Network Support & PCs
00417704 AT AND T MCI MODEM 196.68
00417725 COMCAST CONNECTION SERVICES 316.80
00417756 INSIGHT PUBLIC SECTOR INC MICROSOFT TRUE-UP 1 5,213.80 00950397 CARTER, RONN CAMERA OPERATOR 1,438.50
00950401 DIGITAL SERVICES WEBSITE MAINTENANCE 9,595.00
Telephone System
00417811 WTI HOLDINGS LLC RENEWAL 11,515.44
GIS Support Services
00417707 AZTECA SYTEMS HOLDINGS LLC PROFESSIONAL SERV ICES 2,400.00 00417713 BORELLI, GINA CONSULTING SERVICES 10,063.00
00417786 ROK TECHNOLOGIES LLC CLOUD HOSTING 60,900.00
00417835 BORELLI, GINA CONSULTING SERVICES 10,333.00
00417907 OFFICE DEPOT INC OFFICE SUPPLIES 22.71
Office Equipment Replacement
00417699 AMS DOT NET INC ADMIN AREA WIRELESS 1,210.53
00417822 AMS DOT NET INC DR AZURE PROJECT 479.10
00950382 DELL COMPUTER CORP COMPUTER EQUIPMENT 2,021.1 4 Finance Accounting
Prepared by: L. Reyes
2/20/2025 February 25, 2025 Page 9
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JANUARY 30-FEBRUARY 13, 2025
FUND/CHECK #
577 Post Retirement Medical-Police Fund
Non Departmental
00950400 RETIREE MEDICAL AFTER RETIREMENT 4,135.60
611 Water Fund
Non departmental
00417749 HAWTHORN VENTURES LLC UNIFORMS 3,038.48
00417814 ALL PRO PRINTING SOLUTIONS MAILING SUPPLIES 2 ,263.98 00417819 AMERICAN TEXTILE AND SUPPLY INC SUPPLIES 761. 67 00417866 FASTENAL CO SUPPLIES 493.33
00950377 BRADY INDUSTRIES JANITORIAL SUPPLIES 2,633.02
00950402 GRAINGER INC BATTERIES 340.14
00950403 HAMMONS SUPPLY COMPANY ODOR CONTROL 191.16
00950413 BRADY INDUSTRIES PAPER PRODUCTS 2,736.06
Water Supervision
00417695 ARIEL LOPEZ WATER REFUND 280.38
00417826 ARIEL LOPEZ WATER REFUND 280.38
00417904 NELSON, ANNABELLE WATER REFUND 222.35
00950385 ISSQUARED, INC COMPUTER EQUIPMENT 433.82
Water Production
00417701 ANTIOCH ACE HARDWARE SUPPLIES 386.20
00417714 BRENNTAG PACIFIC INC CHEMICALS 6,056.58
00417742 FISHER SCIENTIFIC COMPANY LAB SUPPLIES 2,311. 80 00417743 FRUIT GROWERS LABORATORY, INC TESTING 6,013.0 0 00417747 HACH CO LAB SUPPLIES 2,110.30
00417752 HONEYWELL INTERNATIONAL INC HEATER REPAIR 5,9 01.52 00417764 LIM AUTOMOTIVE SUPPLY INC BATTERY 193.38
00417767 LOWES COMPANIES INC SUPPLIES 340.64
00417769 MCMASTER CARR SUPPLY CO PARTS 44.89
00417782 REINHOLDT ENGINEERING CONSTR PROFESIONAL SER VICES 375.00 00417792 STANDARD PLUMBING SUPPLY CO. INC. PARTS 261.7 3 00417803 UNIVAR SOLUTIONS USA INC CHEMICALS 47,511.27
00417823 ANTIOCH ACE HARDWARE SUPPLIES 66.85
00417840 CARRASCO, AARON M EXPENSE REIMBURSEMENT 90.00
00417870 FRUIT GROWERS LABORATORY, INC TESTING 141.00
00417888 LIM AUTOMOTIVE SUPPLY INC PARTS 129.88
00417897 MCMASTER CARR SUPPLY CO STEEL BAR 377.62
00417907 OFFICE DEPOT INC OFFICE SUPPLIES 34.24
00417914 PACIFIC GAS AND ELECTRIC CO GAS 104,377.19
00417922 REINHOLDT ENGINEERING CONSTR HILLSCREST UST INSPECTION 395.00 00417938 STATE WATER RESOURCES CONTROL BOARD ANNUAL P ERMIT FEE 727.00 00417941 UNIVAR SOLUTIONS USA INC CHEMICALS 30,778.89
00950380 CHEMTRADE CHEMICALS US LLC CHEMICALS 10,911.1 9 00950398 CHEMTRADE CHEMICALS US LLC CHEMICALS 3,677.99
00950399 CONSOLIDATED ELECTRICAL DIST INC METER SUPPL IES 1,393.83 00950402 GRAINGER INC SUPPLIES 5,875.35
00950411 UBEO BUSINESS SERVICES COPIER INK 114.43
Water Distribution
00417709 BACKFLOW DISTRIBUTORS INC BACKFLOW DEVICES 35 ,171.86 Finance Accounting
Prepared by: L. Reyes
2/20/2025 February 25, 2025 Page 10
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JANUARY 30-FEBRUARY 13, 2025
FUND/CHECK #
00417735 CWEA SFBS CERTIFICATION RENEWAL 111.00
00417738 DELTA DIABLO RAW WATER 7,647.25
00417744 G AND S PAVING SERVICE CUTS 25,145.10
00417760 KIE-CON INC V-BLOCKS 1,522.50
00417764 LIM AUTOMOTIVE SUPPLY INC SMALL TOOLS 103.15
00417767 LOWES COMPANIES INC SMALL TOOLS 800.87
00417775 OFFICE DEPOT INC OFFICE SUPPLIES 24.06
00417777 PACE SUPPLY CORP PIPE CLAMPS 2,479.63
00417778 PACIFIC CREDIT SERVICES COLLECTION FEES 371.8 9 00417784 ROBERTS AND BRUNE CO COPPER 18,717.87
00417792 STANDARD PLUMBING SUPPLY CO. INC. SUPPLIES 2. 17 00417802 ULINE SUPPLIES 50.94
00417808 WATERWISEPRO TRAINING LLC TRAINING 1,500.00
00417815 ALTA FENCE CO FENCE REPAIR 550.00
00417816 AMAZON CAPITAL SERVICES INC OFFICE SUPPLIES 2 18.55 00417829 BACKFLOW APPARATUS AND VALVE CO BACKFLOWS 8,4 46.80 00417858 DKF SOLUTIONS GROUP LLC ONLINE TRAINING 3,431 .30 00417869 FINLEY, ANDREW SEAN EXPENSE REIMBURSEMENT 75. 00 00417871 G AND S PAVING SERVICE CUTS 21,329.83
00417875 HAWTHORN VENTURES LLC UNIFORMS 378.30
00417879 ISINGS CULLIGAN WATER CONDITIONING WATER 26. 45 00417903 NATIONAL TRENCH SAFETY, INC STEEL PLATES 668. 43 00417907 OFFICE DEPOT INC OFFICE SUPPLIES 496.46
00417910 PACE SUPPLY CORP PIPE CLAMPS 6,639.98
00417914 PACIFIC GAS AND ELECTRIC CO GAS 160.39
00417915 PEARCE, ANDREW EXPENSE REIMBURSEMENT 208.00
00417924 ROBERTS AND BRUNE CO WATER PIPE 9,416.55
00417937 STANDARD PLUMBING SUPPLY CO. INC. PIPE FITTN GS 382.88 00950377 BRADY INDUSTRIES JANITORIAL SUPPLIES 45.63
00950383 GRAINGER INC CLEANING TRAP 348.18
00950384 INFOSEND INC PRINT AND MAIL SERVICES 5,291.45
00950390 SUPERION LLC INCODE INTERFACE 4,680.00
00950395 BADGER METER INC DATA LOGERS 21,069.81
00950402 GRAINGER INC SAFTEY GLASSES 318.98
00950404 INFOSEND INC PRINT AND MAIL SERVICES 41.03
00950412 ULINE SUPPLIES 606.24
Public Buildings & Facilities
00417815 ALTA FENCE CO FENCE REPLACEMENT 73,842.00
00950379 CAROLLO ENGINEERS INC PROFESSIONAL SERVICES 7 9,876.84 00950404 INFOSEND INC PRINT AND MAIL SERVICES 16,808.84 Water Systems
00950395 BADGER METER INC METER REGISTERS 219,907.40
621 Sewer Fund
Swr-Wastewater Administration
00417694 ACE INDUSTRIAL SUPPLY INC SUPPLIES 740.65
00417744 G AND S PAVING SERVICE CUTS 25,145.09
00417749 HAWTHORN VENTURES LLC SAFETY SHOES, TRUESDEL L, C 298.46 00417760 KIE-CON INC V-BLOCKS 1,522.50
Finance Accounting
Prepared by: L. Reyes
2/20/2025 February 25, 2025 Page 11
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JANUARY 30-FEBRUARY 13, 2025
FUND/CHECK #
00417767 LOWES COMPANIES INC SUPPLIES 15.62
00417802 ULINE SUPPLIES 50.93
00417815 ALTA FENCE CO FENCE REPAIR 550.00
00417816 AMAZON CAPITAL SERVICES INC OFFICE SUPPLIES 1 20.14 00417852 CWEA SFBS MEMBERSHIP DUES 355.00
00417858 DKF SOLUTIONS GROUP LLC ONLINE TRAINING 3,431 .30 00417871 G AND S PAVING SERVICE CUTS 21,329.83
00417879 ISINGS CULLIGAN WATER CONDITIONING WATER 26.4 5 00417900 MSA SAFETY INCORPORATED GAS DETECTORS 4,951.9 2 00417907 OFFICE DEPOT INC OFFICE SUPPLIES 56.67
00417914 PACIFIC GAS AND ELECTRIC CO ELECTRIC 1,242.29
00417924 ROBERTS AND BRUNE CO PARTS 5,136.30
00950377 BRADY INDUSTRIES JANITORIAL SUPPLIES 45.64
00950384 INFOSEND INC PRINT AND MAIL SERVICES 5,291.43
00950385 ISSQUARED, INC COMPUTER EQUIPMENT 433.82
00950390 SUPERION LLC INCODE INTERFACE 4,680.00
00950404 INFOSEND INC PRINT AND MAIL SERVICES 35.75
00950409 SCOTTO, CHARLES W AND DONNA F MARCH 2025 REN T 5,350.00 631 Marina Fund
Marina Administration
00417710 BAY ALARM COMPANY SERVICE CALL 673.53
00417736 DC ELECTRIC GROUP INC ELECTRICAL REPAIR 712.3 2 00417767 LOWES COMPANIES INC SUPPLIES 733.19
00417785 ROBINS LOCK AND KEY LOCKSMITH SERVICES 220.00
00417795 STEPHANIES AUTO CLEARANCE BOAT LIEN SALE APP LICATION 220.00 00417875 HAWTHORN VENTURES LLC UNIFORMS 497.53
00417907 OFFICE DEPOT INC OFFICE SUPPLIES 96.14
00417914 PACIFIC GAS AND ELECTRIC CO GAS 6,930.22
00417916 PEPPER INVESTMENTS INC JAN SERVICES 125.00
00417922 REINHOLDT ENGINEERING CONSTR MARINA UST INSP ECTION 575.00 00417943 WEST MARINE PRO OPERATING SUPPLIES 161.82
Finance Accounting
Prepared by: L. Reyes
2/20/2025 February 25, 2025 Page 12
227 Housing Fund
Housing
00417848 CONTRA COSTA CRISIS CENTER Q2FY24-25-CRISIS CTR REIMB 2,429.98 00950396 BAY AREA LEGAL AID Q2FY24-25 BALA REIMB 6,382 .26
AS HOUSING SUCCESSOR TO
THE ANTIOCH DEVELOPMENT AGENCY
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JANUARY 30 - FEBRUARY 13, 2025
FUND/CHECK#
Finance Accounting
Prepared by: L. Reyes
2/20/2025 February 25, 2025 Page 1
____F____
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 25, 2025
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Jennifer Wilson, Network Administrator
APPROVED BY: Alan Barton, Director of Information Systems
SUBJECT: Sole Source Purchasing Agreement with Altura Communications Solutions for a Phone System Upgrade for an Amount Not to Exceed $86,195.57
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution authorizing the City Manager or designee to execute a sole source purchase agreement with Altura Communications Solutions in the amount of $ 86,195.57, for an upgrade to modernize the City’s existing phone system.
FISCAL IMPACT
The fiscal year 24/25 Information Systems Fund budget includes funds for this upgrade.
DISCUSSION
The City’s current phone system was installed in 2008 , and has been periodically upgraded since that time, primarily as needed for security enhancements. It utilizes an outdated signaling protocol, H.323, which has been reliable but is no longer the enterprise standard, and thus lacks flexibility, scalability, and interoperability.
This upgrade will allow Information Systems to utilize a newer signaling protocol, SIP (Session Initiation Protocol), which supports a broader range of modern devices and applications, including much- needed upgrades to our phone handsets, the existing of which are no longer manufactured. This makes the handsets harder to find and replace, unable to support many modern accessories like newer headsets, and unnecessarily expensive.
Altura Communications Solutions is a leading provider of communications applications, equipment, and services for voice and data networking solutions. As the original designer and implementor of the City’s current phone system, Altura provides essential voice services to all City facilities, including, but not limited to: City Hall, the Police Department, Public Works, and Recreation.
Antioch City Council Report
February 25, 2025 Agenda Item# F 2
As our current provider for support and maintenance, Altura Communications Solutions is the most suitable choice for this upgrade under a sole source agreement. Their in- depth knowledge of our existing infrastructure ensures that they can complete this project efficiently while minimizing disruptions to essential daily operations.
ATTACHMENTS
A. Resolution
B. Altura Proposal
RESOLUTION NO. 2025/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING A SOLE SOURCE PURCHASING AGREEMENT WITH ALTURA
COMMUNICATIONS SOLUTIONS FOR A PHONE SYSTEM UPGRADE FOR AN AMOUNT NOT TO EXCEED $86,195.57 AND AUTHORIZING THE CITY MANAGER
OR DESIGNEE TO EXECUTE THE PURCHASE AGREEMENT
WHEREAS, the City's Information Systems D epartment annually assesses hardware and software in conjunction with the operational needs of each division;
WHEREAS, the City's Information Systems Department maintains the City's technology through timely maintenance and replacement of hardware and software that are beyond their useful life, which is critical in managing costs and liability associated with aging technology;
WHEREAS, the City’s current phone system utilizes outdated signaling protocol and lacks flexibility, scalability, and interoperability and needs upgrading to meet enterprise standards;
WHEREAS, the City’s Information Systems Department currently utilizes Altura Communications Solutions for phone system maintenance and support; and
WHEREAS, the City Council has considered approving a sole source purchase agreement with Altura Communications Solutions in the amount of $86,195.57 for a phone system upgrade.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch authorizes the City Manager or designee to execute a sole source purchase agreement, in a form approved by the City Attorney , with Altura Communications Solutions in the amount not to exceed $86,195.57.
* * * * * * *
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 25th day of February 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
MELISSA RHODES
CITY CLERK OF THE CITY OF ANTIOCH
Attachment A
PROPOSAL
CITY OF ANTIOCH
10.1 to 10.2 Upgrade and ASBCE Quote
VERSION QUOTE # DATE PREPARED PREPARED FOR PREPARED BY
2 39980.42 11/19/2024 Alan Barton
Information Systems Director
Steve Hoffman
(415) 235-6541
[email protected]
Attachment B
PROPOSAL
SOLUTIONS SUMMARY
Solutions Summary
The City of Antioch wants to upgrade its Aura R10 system to R10.2 while we are replacing the existing G650 gateway, which is not compatible with R10.2, with a G450 gateway. The replacement gateway will maintain equivalent functionality, including analog and digital interfaces. As well as replace PRI trunks with SIP trunks across two locations: City Hall, Police Department.
This will involve deploying Avaya Session Border Controllers (SBCs) at City Hall of Antioch Hub and Police Department location to facilitate the transition to SIP trunks. We do not require ASBCE Licenses separately as they are bundled with subscription licenses Current CM R10 Configuration for City of Antioch Telecommunications System:
City Hall of Antioch Hub (ST 5113339 - Core Location):
Duplex Communication Manager (CM)
(1) System Manager
(1) Session Managers
(1) AADS
New 1 SBC and 1 EMS
VMware resource details for City Hall Location :
Police Department (PD) (ST 5143889 - ESS Location):
New (1) ASP 130 DELL R660 A1 Server
Simplex CM
(1) Session Manager
G450 Gateway
New 1 SBC
Prewitt (ST 51473890 - Remote LSP):
S8300E Server
G430 Gateway
PRI no longer needed at this location
Reuse existing MM711 for Co-trunk for 911 survivability Community Center (ST 5138695 - Remote LSP):
S8300E Server
G450 Gateway
The PRI is not in use at the Community Center.
Reuse existing MM711 for Co-trunk for 911 survivability Waterfield Technologies www.waterfieldtech.com (800) 324-0936 110 S Hartford Ave Suite 2502 Tulsa, 74120 Page: 2 of 17
PROPOSAL
Additional Information:
Existing AVST/TeamQ R9 Voicemail system.
G650 Gateway replacement with G450 Gateway:
Existing G650 Gateway:
1 G650 Gateway
1 x 24-port analog gateway
1 DS1 Module
1 Co trunk Module
Replacement with G450 Gateway:
Proposed G450 Gateway:
1 G450 Gateway with redundant power supply
1 x 24-port MM716 Module
The support contract has been matched with the existing support contract which is valid until 28th February 2026 for 20 months.
PROFESSIONAL SERVICES SOW
Project Specific Scope of Work
This document serves as a Statement of Work (“SOW”) that describes services to be performed by WTI Holdings, LLC d/b/a Waterfield Technologies (“Company”) for the benefit of CITY OF ANTIOCH (“Customer”) and shall be effective as of the date executed below.
The ASBCE project will be completed initially prior to the 10.2 upgrade due to being able to remove the T1 board from the G650 gateway to ensure the T1 is not migrated when the G650 to G450 is completed.
Company will install the following for the ASBCE portion of the project which will be required to be installed prior to the DOT upgrade to incorporate SIP Trunking and remove the T1 board from the City Hall location with the new G450 gateway being installed:
City Hall - on Customer Provided VMWare an Avaya Session Border Controller for Enterprise ("ASBCE") R10.x with separate EMS for inbound and outbound trunking
Police Department - on Avaya Solution Platform ("ASP") ASBCE R10.x with EMS for inbound and outbound trunking (This ASP Server will also host a simplex CM and Session Manager)
Each location will have their own inbound and outbound trunking via SIP Trunking which will be utilized as failover for the centralized trunking solution for the environment
Testing of inbound and outbound calling for each unique SIP Trunk for each location o Teleco to provide test numbers for each SIP trunk.
Assumption there will be two SIP porting events to migrate over all the regular T1 trunking to the SIP Trunking for the entire CM Solution after-hours Monday through Thursday coordinated with the Teleco Onsite technician to install the ASP ASBCE (which will have a simplex CM ESS and Session Manager installed on it) for the Police Department during business hours in Customer Provided Rack Space. Creation of 2 SIP trunk groups but with Teleco adding backup routing to each SIP trunk in case one of the SIP Trunks stops functioning One failover routing testing prior to the SIP trunks becoming active testing with the Teleco Session Manager programming for connection to the ASBCEs Waterfield Technologies www.waterfieldtech.com (800) 324-0936 110 S Hartford Ave Suite 2502 Tulsa, 74120 Page: 3 of 17
PROPOSAL
Assumptions:
Customer will order SIP Trunking for each location to support inbound and outbound calling to support being connected to the Avaya ASBCE as well as order from single Teleco to ensure numbers will be able to be routed over each SIP trunk for rainy day scenario The two SIP trunks will work together for all routing for the CM PBX This would allow the Customer to work with the Teleco for management to be able to route calls between each trunk group No new numbers will be added
If Customer has Fax numbers being routed through their existing PRI Trunking, then Customer will be required to verify with Teleco that Faxing through SIP Trunk is enabled and testing will be completed for each trunk group to verify Non-Service Affecting labor of initially setting up the ASBCE at City Hall on Customer Provided VMWare will be complete during normal business hours
Any additional non-service affecting labor will be completed during normal business hours Customer will be responsible for removing the PRI DS1 cards after the porting Customer will:
Provide VMWare space adequate for the ASBCE and EMS server at City Hall Rack Space at the Police Department receiving the physical ASP server Electrical and Grounding
Extending the SIP Trunk from the Minimum Point of Entry ("MPOE") into the Teleco rooms where the two physical servers will be located as well as into the Customer's data center
Upgrading customer's existing applications from 10.01to 10.2 on Customer Provided VMWare Prior to the CM 10.2 upgrade the following will be replaced:
(1) G650 with (1) TN793B 24 port analog board, (1) TN464HP DS1 board, (1) TN747 CO Trunk Board New equipment to replace the G650 will be:
(1) G450 with redundant power supply
(1) MM716 24 port analog board
Installation of the G450 will be during normal business hours. The G450 will be installed near the current G650 gateway in Customer Provided Rack Space
Migration will:
Occur after-hours between Monday through Thursday
Existing Amphenol cable for the 24 Port analog board will be moved from the G650 to the G450 and corresponding Board without cross connects being performed
Cross connects will occur for the 8 port analog boards No First Day of Business will be provided
One onsite technician will be onsite to install the G450 as well as to migrate from the G650 to G450 Deinstall the G650 and give to the customer to dispose of Once the migration to the G450 has been completed the following will occur Upgrade the following applications in a parallel Customer Provided VMWare environment. R11 to R10.2 requires full rebuild of the following applications. Only the Avaya Aura Device Services ("AADS") can have an in-place patch upgrade. Duplicated Communication Managers ("CM") R10.2
System Manager ("SMGR") R10.2
Waterfield Technologies www.waterfieldtech.com (800) 324-0936 110 S Hartford Ave Suite 2502 Tulsa, 74120 Page: 4 of 17
PROPOSAL
1 Session Manager ("SM") R10.2
AADS will be patched after-hours
Upgrade prior to the primary applications the following:
Police Department will receive as previously discussed the (1) ASP server running a new Simplex CM and 1 new Session Manager Prewitt S8300E during hours
Community Center S8300E during hours
Customer will:
Provide the additional VMWare for the 4 applications which will require to be built in parallel environment previously described Assumptions:
G650 to G450 conversion will occur first in the project As previous described the CM, SMGR, and SM will require parallel environment to initially setup. Upgrade the S8300E will be completed prior to the core applications System and Session Managers can be upgraded prior to the Duplicated CM Servers First Day of Business for 4 hours after the CM 10.2 upgrade Backup and Restore of databases will be used for the applications being upgraded from 10.0 to 10.2. o All IP addresses will be reused
Project Management
Project Management Tasks
The Project Manager will serve as the primary point of contact for all issues related to the project. The Project Manager will perform the following tasks as part of the project:
Review and understand the Statement of Work (SOW) as well as the goals of the customer Make preliminary contact with the customer and review project expectations and next steps Create a detailed project plan. The project plan will define project tasks, responsibilities, and project timelines. The project plan will be updated as necessary as part of ongoing project status meetings. Plan, schedule, and conduct a remote project kickoff call with the customer and project teams. The kickoff call will include the following agenda items as applicable:
o Introduce team members and review customer and roles and responsibilities o Review the project objectives with the customer and the project team o Review and update the project contact list
o Review the technical requirements for the solutions and equipment being implemented o Review the change management process
o Conduct an initial discussion of required data collection forms o Review and update the initial project plan and confirm project task responsibilities o Conduct an initial discussion of training (if applicable) Place the equipment order and provide order status and delivery information to the customer Schedule and manage project resources
Waterfield Technologies www.waterfieldtech.com (800) 324-0936 110 S Hartford Ave Suite 2502 Tulsa, 74120 Page: 5 of 17
PROPOSAL
Hold remote status calls with the customer and project teams o Scope assumes a cadence of (1) regularly scheduled status call per week, with additional technical or breakout calls scheduled ad hoc as required. If additional weekly status calls are requested, additional charges may apply. Coordinate project logistics between the customer and Perform Project Control activities to include:
o Managing the project plan
o Managing project risk
o Conducting status meetings
o Reporting project status to the project teams
o Managing project change orders
o Validating the collected information and requirements from the customer o Managing the installation and configuration to include hardware, software, and services Remotely plan and manage the project implementation
Remotely plan and manage the project cutover activities. The Project Manager will remotely manage the cutover activities and ensure that any issues that may arise are identified, documented, and addressed. Provide status updates for first day of business support activities (if applicable) Understand and comply with customer provided change management policies Coordinate the handoff to support (if applicable)
Schedule and conduct a project closure meeting with customer and project teams "Company" Deliverables - Project Management
In addition to the project tasks performed above, the following are the deliverables associated with Standard Project Management services:
Provide the customer with the appropriate technical requirements and data collection forms and once completed, review the collection forms for accuracy
Provide the relevant project planning documentation to include:
o Project contact list
o Kickoff meeting agenda and minutes
o Detailed and mutually agreed upon project plan
o Status meeting agenda and minutes
o Training plan and schedule (if applicable)
o Solution and/or equipment test plans (if applicable)
Provide the customer an equipment delivery schedule for any provided equipment Report any project changes which may impact the project schedule Provide the customer with a handoff package to include:
o Completed Project Binder/Plan
o “As-Built” diagrams (if applicable)
o Warranty and support information
o Post-install punch list (if applicable)
Customer Responsibilities - Project Management
The following are the customer responsibilities for Standard Project Management:
Manage the collection of customer data using provided data collection forms Provide Single Point of Contact (SPOC) Technical resource for the duration of the project Waterfield Technologies www.waterfieldtech.com (800) 324-0936 110 S Hartford Ave Suite 2502 Tulsa, 74120 Page: 6 of 17
PROPOSAL
Coordinate and ensure compliance with provided technical requirements Provide information and guidance on customer Change Management policies Assist the PM as necessary with scheduling and coordination of customer resources Provide any requested documentation or information necessary to adhere to the project schedule Coordinate and provide any necessary access to customer systems Attend all mutually agreed upon required project meetings (if applicable) Coordinate all customer provided vendors, subcontractors, and LEC/Carrier interactions Approve Project Closure Form
Site Not Ready
If operational functionality cannot be established because Customer’s responsibilities were not met or non-Approved vendors have not met their responsibilities (unless under an Agency Agreement), Customer may incur additional charges.
This includes, but is not limited to, issues that arise during the course of the project impacting the solution or impeding/delaying progress that are deemed to be due to CPE (Customer Premises Equipment such as network, carrier, server or other identified customer requirements). Upon identification of such issues and request for customer action, if additional time and effort is requested to continue to troubleshoot the issue or repeat attempts at resolution, and it is finally confirmed to be a customer responsibility, time incurred to provide this additional troubleshooting, testing or research will be billable at current Time and Materials rates.
General Assumptions
Resources from Company and/or its sub-contractors will be utilized, as needed, to provide a full scope of technical expertise.
Additional charges to customer may apply for items not specifically provided for in this SOW. Company is not responsible for the performance or quality of third-party vendors/contractors hired by customer. Specific equipment purchased and Installation and Labor is listed in the attached Equipment Bill of Materials. Requests for additional services beyond this Scope of Work require written approval by customer and acceptance by the Company Project Manager.
If the project extends beyond the timeline specified in the Project Plan due to delays caused by parties other than Company and its business partners, additional charges may apply.
Engineering changes: Change orders made by customer after project initiation may affect the agreed-upon project schedule and will require a project review to determine impact and schedule requirements. Documentation. All project management governance material, technical documentation and custom-developed materials provided will be in the format chosen by Company. Any variations from our standard documentation may be subject to additional charges to be handled through the Change Management Process.
Change Management
Change Management is the process of recording and managing the planned deployment of alterations to supported environments, processes, and documentation. Company will utilize Customer’s documented Change Management process, if available. Otherwise, Company utilizes its own system-enforced Change Management process to complete any change needed as the result of an Incident or Problem ticket.
If required by documented customer change procedures, Company will prepare and provide a Method of Procedure (MOP) document in Company’s standard format outlining the details, timing and impacts of said change for customer Change approval processing. If Company is required to participate in customer Change Advisory Board meetings or utilize custom formats or process for MOP development, additional charges may apply.
Waterfield Technologies www.waterfieldtech.com (800) 324-0936 110 S Hartford Ave Suite 2502 Tulsa, 74120 Page: 7 of 17
PROPOSAL
Company is not accountable for Changes made by Customer staff outside of the agreed upon, documented Change Process.
Customer Responsibilities
Implementation Access
Provide remote access to all configured elements as defined by the project team via VPN or other mutually agreed upon access methodologies to ensure direct, persistent, stable, and independent access is available to the project team throughout the project life cycle with sufficient bandwidth and speed to support the operational needs. o If direct, persistent, stable, and independent remote access is not provided, additional charges will apply to accommodate monitored/escorted remote access.
o If the above criteria is not met, a limited remote access fee will be assessed via the change order process to the customer of $5000 for every 3 months of the project where this condition exists. o Access to be provided within 5 days after the initial kick-off call. Delay charges via a Job Change Order could be added if access is not provided within the 5 days.
o If establishing VPN credentials exceeds 2 hours due to customer policy and procedures, then additional time will be billed as a Job Change Order.
o Customer to provide their remote access polices at the beginning of the project which will include any policies related to data throughput limitations for uploads/downloads via the VPN, retention periods, and any additional policy which will affect Company’s access to the Customer’s network.
o Once the VPN connection is established it is assumed the account will remain active for the life of the project, unless the Customer clearly defines retention periods requiring periodic connections at the beginning of the project. If the VPN account requires reestablishment and the policy was not provided related to retention periods additional time to reestablish the VPN account will be billed as a Job Change Order. Coordinate and provide any necessary access to customer systems. Provide access to all installation locations and equipment being installed.
Customer Data Gathering and Site Readiness Requirements Manage the collection of customer data using provided data collection forms. Customer will provide all server and password policies at onset of the project. Work with Company when needed for discovery to program and implement the specified solution(s). Provide all IP addressing and host names per provided planning forms for customer’s network. Planning forms are to be completed and returned within 5 days of completed consultation. Work with Company to mutually develop test and communication plans to confirm functionality required per solution specified. Customer to provide onsite resource(s) for turn-up and test of 3rd party application, unless onsite resources are otherwise specified in this SOW.
Changes to customer network or environment which were not part of discovery and planning for the project, and which cause delays in implementation, will push out dates and cut dates/times respectively. Additional charges may apply to accommodate unplanned changes made.
Coordinate and ensure compliance with provided technical requirements. Provide any requested documentation or information necessary to adhere to the project schedule. Provide proper site environment as defined in the product documentation. Provide floor plans and cabling schematics for station installation, if scoped. Ensure that the installation of network and dial circuits is complete. Ensure that demarcation points can be connected to with the cables provided. Provide Layer 1, 2 and 3 IP infrastructures all network connectivity unless provided by Company under this agreement. For all VoIP devices, Customer to provide Cat 5 or better cabling to all endpoint/device locations and POE equipment as required if not provided by Company under this agreement.
Waterfield Technologies www.waterfieldtech.com (800) 324-0936 110 S Hartford Ave Suite 2502 Tulsa, 74120 Page: 8 of 17
PROPOSAL
Customer is responsible for implementing a Quality of Service (QOS) policy that will classify and prioritize voice packets for all VoIP applications and endpoints.
Customer Project Management Requirements
Provide information and guidance on customer Change Management policies. Provide a single point of contact (Customer PM Role) to align with Company PM as necessary for scheduling and coordination of customer resources and overall project communication.
Attend all mutually agreed upon required project meetings (if applicable). Coordinate all customer provided vendors, subcontractors, and LEC/Carrier interactions. Provide an on-site contact to assist during installation.
Additional Equipment, Changes and Rearrangements
A duly authorized representative of Customer, upon acceptance thereof by Company of a Job Change Order (JCO) may add additional equipment and or services to the contracted Bill of Materials and services SOW at the charges applicable upon execution. Such modification will state the location and the additional items of equipment and or services. In the event the Customer requests changes in the installation specifications, Company reserves the right to adjust the contract price to correspond with the additions or modifications to or deletions from the amount of work to be performed. All such requests shall be made in writing by Customer to Company, and Company shall be entitled to amend the Schedule hereto to reflect these changes.
Out of scope services will be invoiced hourly at prevailing Waterfield T&M rates under the following schedule:
Monday through Friday 8am to 5pm local time: Standard Hourly Rate Monday through Friday 5pm to 8am local time and Saturdays: Overtime (1.5 x hourly rate) Sunday work commencing after 6am local time and all work conducted on a holiday: Premium Time (2 x hourly rate) Cancellation and Delays
Delays:
Upon project initiation and kickoff, the Company Project Manager or Coordinator will provide standard intervals for the scope of work deployment timeline. If customer requires compression of the standard intervals or expedite to meet specific dates, Company reserves the right to assess an expedite fee via the Job Change Order process based on the type and nature of the expedite, resources and overtime required to meet dates, and other factors to be defined.
Prolonged delays to the schedule may result in additional charges being applied. Examples of such delays include but are not limited to:
If customer fails to meet agreed upon and scheduled deliverables per the project plan, and such delay impacts the project schedule requiring reassignment of resources or cancellation of work within 72 hours, delay fees will be assessed accordingly. If scope or design changes via the Change Management process substantively impact the project scope and schedule, additional charges for such changes may be incorporated into the Change Order submitted for customer approval, If project is placed on extended hold resulting in delays of longer than 30 days, a project restart fee may be assessed due to changes in resource assignments, system update requirements, or need to re-initiate portions of the project, these charges may include, but are not limited to, a project restart fee of 10% of the professional services costs of the original project.
Cancellation:
An order once placed with and accepted, can be cancelled only with the consent of Company and upon terms, which will indemnify Company against all loss, incurred as a result thereof. Cancellation fees of up to 25% of the selling price may apply to equipment purchases that are ordered but cancelled prior to installation.
Waterfield Technologies www.waterfieldtech.com (800) 324-0936 110 S Hartford Ave Suite 2502 Tulsa, 74120 Page: 9 of 17
PROPOSAL
Professional Services cancellation fees will be incurred once resources have been engaged on the project and result in billing of the greater amount of 25% of the Professional Services sales price, or the billable rate of the hours incurred to the point of cancellation.
In the event that Customer is in Default under this agreement, Company may cancel or terminate any or all service(s) provided.
Project Phasing:
Unless explicitly stated in the SOW above, project cutover support is assumed to occur in a single event. If additional cutover phases are requested or added during project planning, additional charges will apply and will be specified under the Job Change Order process.
Rework:
Upon completion of Customer approved and accepted work product/tasks, if such tasks require rework or revision for reasons outside of Company control, additional charges will apply via the change control process for the actual incremental time spent for such rework.
Freeze Dates:
Freeze dates are jointly developed and agreed to by the customer and the project team and incorporated into the project plan. Where freeze dates are applicable and documented in the project plan, the PM will provide written notification to the customer confirming entry into the freeze period. If changes are made by the customer after the freeze date, Company will provide up to 4 hours for non-Contact Center related programming, and 8 hours for Contact Center related programming if applicable, to support changes. If the required changes involve more time than noted above, additional charges will apply via a Job Change Order (JCO).
Completion of Project
“Substantial Completion” of the project as a whole, or a contractually separate phase of the project, occurs on the date when the work is sufficiently complete in accordance with the contract documents so that the Customer may utilize the hardware, software or application as defined in the SOW, or a designated portion, for the use for which it is intended, without unscheduled disruption. “Final Completion” of the Project as a whole, or a contractually separate phase of the project occurs on the date when all “punch list” work is finished and the project is ready for final review and acceptance by the customer.
Punch List. If, at any time after substantial completion has been determined for the project, there shall exist any item or items requiring completion or correction, then Company agrees to use all reasonable diligence to complete or correct such item or items as defined in the SOW. The parties shall make a Punch-List of the items requiring completion or correction (the "Punch List"). After substantial completion has occurred, Company agrees to use all reasonable diligence to complete or correct such item or items as defined in the SOW. Company shall publish a Punch-List of the items requiring completion or correction (the "Punch List"). A period of 30 days will be allocated to coordinate and complete identified punch list items with the customer. If at the conclusion of the 30 day time period punch list items remain open, the following will apply:
o If resolution of open items are fully the responsibility of Company or the manufacturer the punch list time period will be extended an additional 30 days
o If final resolution of the open items are inherently dependent upon customer actions, and those actions delay resolution beyond the agreed upon 30 day time period one of the following two conditions will apply:
Company will close and invoice the project in full upon customer agreement or in the absence of customer engagement or
Company will Issue a change order to extend the punch list resolution window Waterfield Technologies www.waterfieldtech.com (800) 324-0936 110 S Hartford Ave Suite 2502 Tulsa, 74120 Page: 10 of 17
PROPOSAL
APPLICATION DEPLOYMENT DETAIL
VMware Infrastructure - Customer Provided
Deliverables for VMware Software installation:
Provide Customer with access to OVA files. Options are:
o Web share
o SharePoint
o FTP site
Work with Customer to install OVA files. Options are:
o Customer can deploy OVA
After customer installs .ova Company to run Avaya provided software binaries within ova deployment. o Company deploys, via web session with customer’s VMWare admin o Customer provides Root access to VMWare environment via customer provided VPN o Cassandra encryption enabled as standard
Perform discovery of deployment and administration data, and Avaya Systems in place Work with Customer to configure network parameters
Customer Deliverables for VMWare Software Installation
Provide suitable VMWare environment based on product manufacturer’s requirements Provide suitable Remote Access method
Work with Company when needed for discovery to program and implement the specified solution Network latency between Application Server, 3rd party application(s), and CM must be less than 5 milliseconds at all times Ensure NTP servers must have less than 5 strata drift Entries for all Avaya servers required on private DNS Public access for specific services requires public DNS entries o Company to provide high-level consultation only
Provide test plan to confirm functionality required per solution specified Customer is responsible for settings files after post-cut testing (per customer’s test plan) Planning form to be completed and returned within 5 days of completed consultation Changes to customer network or environment which were not part of discovery and planning for the project, and which cause delays in implementation, will push out dates and cut dates/times respectively. Additional charges may apply to accommodate unplanned changes made
Assumptions for VMWare Software Installation
Required customer participants are made available when requested All work is provided remotely unless specified otherwise in this SOW Exclusions for VMWare Installation
Certificate Management 3rd Party Certificates
Appliance Server Software Installation (Staging)
Deliverables for Appliance Server installation
For applications being deployed under this Professional Services Scope of Work on hardware servers purchased through Company on this agreement, Company will provide the following tasks for Appliance Server Software Installation (Staging):
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PROPOSAL
Verification of all hardware, software, documentation components delivered from the distributor Bench server hardware, POST and burn in, validate hardware health Assign IP addressing and host names from Company Data Gathering documentation completed by customer prior to onset of VMware staging activities
Deploy OVA, OS and/or software packages as applicable Activate Licensing as applicable
Create Login accounts as defined during project planning for Company and customer access Box and ship to customer site per defined project schedule and shipping details All non-service affecting work will be completed during regular business hours Service affecting work will be completed after hours
A working solution that meets design specifications and conformity to the TSS Customer Responsibilities for Appliance Server Software Installation Provide a single point of contact
Provide IP Address Workbook prior to equipment ordering Provide adequate power based upon the manufacture’s specifications Provide Server Racks
Provide staff to shadow the technician during deployment to understand backup procedures, patching, etc.
Exclusions/Assumptions for Appliance Server Software Installation Above work to be performed during business hours
Services above are not applicable to customer provided servers Certificate Management
3rd Party Certificates
Avaya G4x0 Gateway Staging and Installation
Deliverables for Avaya G4x0 Gateway Staging and installation:
System Preparation
Unbox and bench test hardware and confirm no hardware defects Assign IP addressing from Company Data Gathering documentation completed by customer prior to staging activities. Download and apply firmware for the gateway and media modules. Firmware will be loaded at most current GA levels at time of staging unless otherwise specified during project planning. Any subsequent firmware updates requested to system prior to cutover and handoff to support are subject to additional charges unless verified to remediate a known and present issue
Test MGC list
Ship to customer site
Provide onsite technician for rack and stack installation in customer provided rack and connect to customer provided power and network
Validate registration to Aura core
Cable out TDM cards per design scope to customer provided wallfield/patch panel (or if provided by Company, to Company installed and provided wallfield/patch panel)
Deliverables for Gateway Staging
All non-service affecting work will be completed during regular business hours Waterfield Technologies www.waterfieldtech.com (800) 324-0936 110 S Hartford Ave Suite 2502 Tulsa, 74120 Page: 12 of 17
PROPOSAL
Service affecting work will be completed after hours
A working solution that meets design specifications and conformity to the TSS Customer Responsibilities for Gateway Staging and Installation Provide IP Address Workbook prior to equipment ordering Provide adequate power based upon manufacture’s specifications Disposition of any disconnected equipment
Provide patch panels or wall field with properly labeled toned and tested cable runs Customer is responsible for station wiring and data rack space ASBCE SIP Trunking
ASBCE for SIP Trunking (new Phone Numbers):
Company to provide the following tasks for a Standalone ASBCE:
Conduct remote fact-finding meeting with customer and assist in completion of the required workbook(s). Load operating system and application software and bring server(s) into service. Install required manufacturer current patches.
Obtain and load licenses from manufacturers licensing process. Configure server(s) in accordance with the workbook and manufacturer guidelines. Provide OVA files for deployment
Generate and install Avaya Product License Delivery System license file Perform installation of Session Boarder Controllers connect to LAN Perform installation of Element Management System server (if required for Front End Back end deployment.) Note: All SIP connections between the SBC and configured systems will be configured for TCP, unless otherwise specified by the Customer. If TLS is required, additional charges will apply.
Company Deliverables For SIP Trunking:
Create SIP trunk between SM and SBC (Not applicable for Remote Worker) Create Trunk Groups in CM to SM for SIP Station Registration and routing. Create Routing and Application Sequences in SMGR.
Review dial plan/ call flow test plans and feature verification plans Implement required licenses into SMGR License Server
Perform dial plan/ call flow testing and feature verification Perform troubleshooting and test and turn up
Four hours out of hours cut for porting of numbers and testing.
Customer Deliverables:
Provide VMWare Servers for City Hall while Company is providing physical servers for the other 2 locations Engage SIP Trunk Provider
Provide unused test numbers for in hours testing
Customer network resources to be available to assist in an on call basis Provide current topology maps of WAN and LAN infrastructure Provide dialing plans, numbering schemes and required call routing information IP addressing for SBC public, private and management networks Ensure NTP servers must have less than 5 strata drift Entries for all Avaya servers required on private DNS Waterfield Technologies www.waterfieldtech.com (800) 324-0936 110 S Hartford Ave Suite 2502 Tulsa, 74120 Page: 13 of 17
PROPOSAL
Public access for specific services requires public DNS entries Company to provide high-level consultation only
Changes to customer network or environment which were not part of discovery and planning for the project, and which cause delays in implementation, will push out dates and cut dates/times respectively. Additional charges may apply to accommodate unplanned changes made
Network latency between Avaya Aura Session Manager severs must be less than 75 milliseconds at all times Assumptions:
Configuration for a single SIP trunk to a SIP trunk provider Customer and SIP Provider provide Avaya-specific interoperability documentation Configuration testing with test numbers considered an in business hours event. Out of hours cut over for porting of existing phone numbers.
Exclusions:
Remote Worker configuration
Troubleshooting SIP Provider interoperability limited to 4 hours. Additional hours beyond 4 can be provided via change order.
Waterfield Technologies www.waterfieldtech.com (800) 324-0936 110 S Hartford Ave Suite 2502 Tulsa, 74120 Page: 14 of 17
PROPOSAL
10.1 to 10.2 Upgrade and ASBCE Quote
Prepared by: Prepared for: Quote Information:
Waterfield Technologies CITY OF ANTIOCH Quote #: 039980 Steve Hoffman
(415) 235-6541
[email protected]
PO BOX 5007
[email protected]
ANTIOCH, California 94531-5007
Alan Barton
(925) 779-6103
[email protected]
Version: 2
Delivery Date: 11/19/2024
Expiration Date: 02/17/2025
HARDWARE
Description Price Qty Ext. Price
405362641 POWER CORD USA $14.11 2 $28.22
700012909 24 PORT LINE PATCH PANEL $276.00 1 $276.00
700394703 MM716 ANALOG MEDIA MODULE 24 FXS RHS $2,760.00 1 $2,760.00 700506955 G450 MP160 MEDIA GATEWAY $9,683.55 1 $9,683.55 700507394 G450 R2 POWER SUPPLY $920.00 1 $920.00
405362641 POWER CORD USA $14.11 2 $28.22
434496 ASP 130 R6 REDHAT ENTERPRISE LINUX LIC:DS $0.00 1 $0.00 700519836 ASP 130 DELL R660 HYPERVISOR A1 SERVER BUNDLE $14,493.83 1 $14,493.83 Subtotal: $28,189.82
PROFESSIONAL SERVICES PRICING
Description Price Qty Ext. Price
WTPSO39980 Professional Services for ASBCE Conversion $21,087.50 1 $21,087.50 WTPSO39980B Professional Services for 10.1 to 10.2 Upgrade $34,781.25 1 $34,781.25 Subtotal: $55,868.75
Waterfield Technologies www.waterfieldtech.com (800) 324-0936 110 S Hartford Ave Suite 2502 Tulsa, 74120 Page: 15 of 17
PROPOSAL
HARDWARE SUPPORT RECURRING PRICE: 14 MONTHS TERM (1 JAN 2024 to 28 FEB 2026)
Description Recurring Qty Ext. Recurring
345403 SA PREFER SUPT ASP 130 R6 RHEL 3YR AN $441.20 1 $441.20 230170 SA PARTS NBD SUPT CM MEDIUM GATEWAY 3YR AN PREPD $735.80 1 $735.80 255829 SA PARTS NBD SUPT APPL MEDIUM SRV R2-D 3YR AN PREPD $960.00 1 $960.00 Annual Subtotal: $2,137.00
Quote Summary
Description Recurring One-Time
HARDWARE $0.00 $28,189.82
PROFESSIONAL SERVICES PRICING $0.00 $55,868.75
HARDWARE SUPPORT RECURRING PRICE: 14 MONTHS TERM (1 JAN 2024 to 28 FEB 2026) $2,137.00 $0.00 Total: $2,137.00 $84,058.57
Project Total: $86,195.57
PAYMENT TERMS
For purchases of equipment hardware and/or software licenses only, Customer agrees to pay the Total Purchase Price of quote, plus applicable taxes, to be invoiced per the following schedule:
50% upon execution of this Agreement - payable upon receipt. Payment must be received to order product, software or licenses 50% upon Complete Equipment Delivery to Customer and/or License Activation - NET 15 terms from the date of invoice Late Payment: Past due payments are subject to late fees of eighteen percent (18%) per annum or the maximum interest rate permissible by law from the date due until paid in full. Payments made to Waterfield other than ACH will incur a fee.
For purchases of Professional Services, Customer agrees to pay the Total Purchase Price of quote, plus applicable taxes, to be invoiced per the following schedule:
50% upon execution of this Agreement - payable upon receipt. 50% upon Project Completion - NET 15 terms from the date of invoice Late Payment: Past due payments are subject to late fees of eighteen percent (18%) per annum or the maximum interest rate permissible by law from the date due until paid in full. Payments made to Waterfield other than ACH will incur a fee.
Maintenance Terms
Maintenance and Managed Services charges shall be due and payable ANNUALLY IN ADVANCE Waterfield Technologies www.waterfieldtech.com (800) 324-0936 110 S Hartford Ave Suite 2502 Tulsa, 74120 Page: 16 of 17
PROPOSAL
PAYMENT TERMS
Coverage does not commence or continue until Waterfield has received payment. Changes in Equipment or Scope of Service will result in a change in price, to be mutually agreed to by signed addendum (Contract Change Notice). Payments made to Waterfield other than ACH will incur a fee.
Additional Terms
TAX and Shipping/Handling will be added at time of invoice: not included in this SOW/Quote.
PROPRIETARY AND CONFIDENTIAL. All information contained herein is confidential and the proprietary information of Company. Disclosure of any information contained herein to any other party is strictly prohibited.
Waterfield Technologies CITY OF ANTIOCH
Signature:
Name:
Title:
Date:
Signature:
Name:
Title:
Date:
Waterfield Technologies www.waterfieldtech.com (800) 324-0936 110 S Hartford Ave Suite 2502 Tulsa, 74120 Page: 17 of 17
____G____
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 25, 2025
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Jennifer Wilson, Network Administrator
APPROVED BY: Alan Barton, Director of Information Systems
SUBJECT: Sole Source Maintenance Services Agreement with Altura Communications Solutions for Annual Phone System Subscription Licensing and Support for an Amount Not to Exceed $95,258
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution authorizing the City Manager or designee to execute a m ulti-year sole source maintenance services agreement with Altura Communications Solutions, beginning January 1, 2025, through December 31, 2027, in the amount of $95,258, for phone system subscription licensing and support.
FISCAL IMPACT
The Information Systems Fund fiscal year 2025 budget includes funds for this renewal and the fiscal year 2026 and 2027 cost has been included in the draft two-year Information Services Fund budget.
DISCUSSION
This request is for a routine, annual subscription renewal for licensing for existing services provided by Altura Communications Solutions , which supports the City’s internal phone system. The proposal is for a 3 -year term, with payments made annually , allowing the City to secure more favorable pricing. An annual support fee of $5,050 is billed separately but is included in the total request of $95,258. The current subscription expired on December 31, 2024, and is currently in a grace period pending approval of this renewal.
Altura Communications Solutions is a leading provider of communications applications, equipment, and services for voice and data networking solutions. As the original designer and i mplementor of the City’s current phone system , Altura provides ess ential voice services to all City facilities, including, but not limited to: City Hall, the Police Department, Public Works, and Recreation.
Given their deep understanding of our existing infrastructure as our existing vendor, Altura remains the most qualified provider for ongoing support and maintenance. Utilizing their Antioch City Council Report
February 25, 2025 Agenda Item# G 2
services under a sole source agreement for this licensing renewal is appropriate, ensuring continuity and optimal system performance until a full system overhaul becomes necessary.
ATTACHMENTS
A. Resolution
B. Altura Proposal
RESOLUTION NO. 2025/**
RE
SOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING A SOLE SOURCE MAINTENANCE SERVICES AGREEMENT WITH
ALTURA COMMUNICATIONS SOLUTIONS FOR PHONE SYSTEM SUBSCRIPTION LICENSING AND SUPPORT FOR AN AMOUNT NOT TO EXCEED $95,258 AND
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE
AGREEMENT
W
HEREAS, the City's Information Systems D epartment annually assesses hardware and software in conjunction with the operational needs of each division; W
HEREAS, the City's Information Systems D epartment maintains the City's technology through timely maintenance and replacement of hardware and software that are beyond their useful life, which is critical in managing costs and liability associated with aging technology;
W
HEREAS, the City’s Information Systems Department currently utilizes Altura Communications Solutions for phone system maintenance and support; and W
HEREAS, the City Council has considered approving a 3- year sole source maintenance service agreement with Altura Communications Solutions in the amount of $95,258 for phone system subscription licensing and support for the period of January 1, 2025, through December 31, 2027.
N
OW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch authorizes the City Manager or designee to execute a 3-year sole source maintenance service agreement, in a form approved by the City Attorney, with Altura Communications Solutions in the amount not to exceed $ 95,258 for phone system subscription licensing and support for the period of January 1, 2025, through December 31, 2027. * * * * * * *
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 25th day of February 2025, by the following vote:
A
YES:
N
OES:
ABS
TAIN:
ABS
ENT:
_____________________________________
MELISSA RHODES
CITY CLERK OF THE CITY OF ANTIOCH
Attachment A
PROPOSAL
CITY OF ANTIOCH
City of Antioch Avaya Subscription Renewal
VERSION QUOTE # DATE PREPARED PREPARED FOR PREPARED BY
1 43248.2 12/17/2024 Alan Barton
Information Systems Director
Steve Hoffman
(415) 235-6541
[email protected]
Docusign Envelope ID: F77B96CD-CDC9-414F-8A47-C2EF52551DFC Attachment B
PROPOSAL
PROFESSIONAL SERVICES SOW
License Activation
Altura will perform a remote license activation during regular business hours. If Customer’s Change Policy or system requirements require after hours license activation, then additional labor will be required.
Normal turnaround time for license activation will be 10 business days after the PO is provided to Altura. If licenses are required in less than 5 business days from receipt of the Customer PO, then an expedite fee of $500 will be required.
Any additional services will be added via a Job Change Order.
Waterfield Technologies www.waterfieldtech.com (800) 324-0936 110 S Hartford Ave Suite 2502 Tulsa, 74120 Page: 2 of 6 Docusign Envelope ID: F77B96CD-CDC9-414F-8A47-C2EF52551DFC
PROPOSAL
City of Antioch Avaya Subscription Renewal
Prepared by: Prepared for: Quote Information:
Altura Communications Solutions CITY OF ANTIOCH Quote #: 043248 Steve Hoffman
(415) 235-6541
[email protected]
PO BOX 5007
[email protected]
ANTIOCH, California 94531-5007
Alan Barton
(925) 779-6103
[email protected]
Version: 1
Delivery Date: 12/17/2024
Expiration Date: 12/31/2024
License Activation Fee
Description Price Qty Ext. Price
WTPSO-43248 Subscription License Activation Service - Remote Conversion During Brief OT Event
$2,405.00 1 $2,405.00
Subtotal: $2,405.00
Avaya Subscription - 1/1/2025-12/31/2025
Description Recurring Qty Ext. Recurring
5113339 CITY OF ANTIOCH, THIRD & H STREET, ANTIOCH, CA, US, 94509 405418 UC CORE LIC FIXED SUBS ADJ LP $50.00 497 $24,850.00 405416 UC BASIC LIC FIXED SUBS ADJ LP $34.00 25 $850.00 403105 AVAYA SPACES BUSINESS USER SUB $0.00 597 $0.00
403104 AVAYA SPACES ESSNTL USER SUB $0.00 30 $0.00
51473889 CITY OF ANTIOCH, 300 L ST POLICE DEPT, ANTIOCH, CA, US, 94509 293650 SA PREF AAVP R7 SNGL CPU EMBD 3YAN $67.00 1 $67.00 293656 UPG ADV AAVP R7 SNGL CPU EMBD 3YAN $0.00 1 $0.00 405418 UC CORE LIC FIXED SUBS ADJ LP $0.00 1 $0.00
5138695 CITY OF ANTIOCH- COMMUNITY CENTER, 4703 LONE TREE WAY, ANTIOCH, CA, US, 94509 293650 SA PREF AAVP R7 SNGL CPU EMBD 3YAN $67.00 1 $67.00 293656 UPG ADV AAVP R7 SNGL CPU EMBD 3YAN $0.00 1 $0.00 405418 UC CORE LIC FIXED SUBS ADJ LP $0.00 1 $0.00
Waterfield Technologies www.waterfieldtech.com (800) 324-0936 110 S Hartford Ave Suite 2502 Tulsa, 74120 Page: 3 of 6 Docusign Envelope ID: F77B96CD-CDC9-414F-8A47-C2EF52551DFC
PROPOSAL
Avaya Subscription - 1/1/2025-12/31/2025
Description Recurring Qty Ext. Recurring
51473890 CITY OF ANTIOCH, 4701 LONE TREE WAY PREWITT WATER P, ANTIOCH, CA, US, 94531 293650 SA PREF AAVP R7 SNGL CPU EMBD 3YAN $67.00 1 $67.00 293656 UPG ADV AAVP R7 SNGL CPU EMBD 3YAN $0.00 1 $0.00 405418 UC CORE LIC FIXED SUBS ADJ LP $0.00 1 $0.00
Annual Subtotal: $25,901.00
Avaya SA 1 Year Term - 1/1/2025-12/31/2025
Description Recurring Qty Ext. Recurring
Avaya is only offering a 1 year term on this support.
Support will need to be renewed every year.
5113339 CITY OF ANTIOCH, THIRD & H STREET, ANTIOCH, CA, US, 94509 230224 SA ON-SITE 24X7 CM LG GTWY 3YAN $1,457.00 2 $2,914.00 241746 SA PREF CCR5 ELITE AGT 1-100 1YPP $124.00 6 $744.00 241766 SA PREF CCR5 ELITE AGT 251+ 1YPP $124.00 6 $744.00 249221 UPG ADV CCR5 ELITE AGT 1-100 1YPP $54.00 6 $324.00 249231 UPG ADV CCR5 ELITE AGT 251+ 1YPP $54.00 6 $324.00 Annual Subtotal: $5,050.00
Quote Summary
Description Recurring One-Time
License Activation Fee $0.00 $2,405.00
Avaya Subscription - 1/1/2025-12/31/2025 $25,901.00 $0.00 Avaya Subscription - 1/1/2026-12/31/2026 $25,901.00 $0.00 Avaya Subscription - 1/1/2027-12/31/2027 $25,901.00 $0.00 Avaya SA 1 Year Term - 1/1/2025-12/31/2025 $5,050.00 $0.00 Total: $82,753.00 $2,405.00
Project Total: $85,158.00
Waterfield Technologies www.waterfieldtech.com (800) 324-0936 110 S Hartford Ave Suite 2502 Tulsa, 74120 Page: 4 of 6 Docusign Envelope ID: F77B96CD-CDC9-414F-8A47-C2EF52551DFC
PROPOSAL
BILLING TERMS
Avaya Subscription Terms
Avaya Subscription Termination Policy
The Customer may terminate a subscription in its entirety during the Subscription License Term upon thirty (30) days’ written notice subject to termination fees equal to 50% of the remaining unpaid balance of the Subscription License Term.
Avaya Subscription Start Dates
Unless an earlier date is specified in an order, the Subscription License Term for the Subscription License(s) will commence and be chargeable as follows:
New System Builds:
Term will commence on the first day of the second month following the order of the Subscription Licenses.
Conversions to Subscription:
If the Subscription Licenses are replacing existing perpetual licenses being transitioned from an existing support order, the Subscription License Term starts on the start date specified on the Order.
Additions to Subscription terms in progress:
Additional Subscription Licenses being added to an existing Subscription License Term are added to the Subscription Term effective on the earlier of the date stated on the order or the 1st day of the first month following Avaya’s acceptance of the order for additional Subscription Licenses.
Additional Subscription Licenses added to an existing Subscription License Term will coterminate with the original contract regardless of when in the term they are added to the contract.
Renewal of Coverage
Avaya OneCloud™ Subscription Licensing will automatically renew at the end of the term for a similar term length at then current pricing unless either party provides written notice of its intent not to renew such coverage at least *30 days prior to the renewal date.
All Avaya OneCloud™ Subscription Orders receive the offer entitlements outlined in the Subscription License Supplement, the latest version of which is available for download at https://support.avaya.com/helpcenter/getGenericDetails?detailId=C2012112916262543043
Expansion Allowance:
Avaya Subscription includes a 20% expansion allowance which can be leveraged during the contract period without impact to the billing.
Customers can also expand beyond the 20% allowance by ordering additional Avaya OneCloud™ Subscription licenses and co-terming to the existing contract expiration dates. Expansion allowance is supported in accordance with Avaya’s Product Lifecycle Policy found at https://downloads.avaya.com/css/P8/documents/100081098
Exceptions to 20% Stretch Allowance:
20% Stretch Allowance is not applied to BTSAPI, DMCC, and DMCC Full entitlements that carry over as part of a perpetual license conversion at no fee.
20% Stretch Allowance does not apply to system/server-based offers such as AES CVLAN, AES DLG, and Outbound Digital Channels (SMS/Email) as it’s not practical to offer a fraction of a package’s entitlement. 20% Stretch allowance does not apply to subscription conversions for product releases that are End of Sale for license additions.
Maintenance Terms
Waterfield Technologies www.waterfieldtech.com (800) 324-0936 110 S Hartford Ave Suite 2502 Tulsa, 74120 Page: 5 of 6 Docusign Envelope ID: F77B96CD-CDC9-414F-8A47-C2EF52551DFC
PROPOSAL
BILLING TERMS
Maintenance and Managed Services charges shall be due and payable ANNUALLY IN ADVANCE Coverage does not commence or continue until Waterfield has received payment. Changes in Equipment or Scope of Service will result in a change in price, to be mutually agreed to by signed addendum (Contract Change Notice). Payments made to Waterfield other than ACH will incur a fee.
Altura Communications Solutions CITY OF ANTIOCH
Signature:
Name:
Title:
Date:
Signature:
Name:
Title:
Date:
Waterfield Technologies www.waterfieldtech.com (800) 324-0936 110 S Hartford Ave Suite 2502 Tulsa, 74120 Page: 6 of 6 Jennifer Wilson
Network Administrator
12/19/2024
Docusign Envelope ID: F77B96CD-CDC9-414F-8A47-C2EF52551DFC 12/20/2024
VP, Sales
Sarah Feinberg
CITY OF
ANTIOCH CALIFORNIA
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 25, 2025
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Ana Cortez, Human Resources Director /flC_,, APPROVED BY: Bessie Marie Scott, City Manager
SUBJECT: New Class Specification, Assigning Salary Ranges, Assigning the Classifications to the Confidential Bargaining Unit
RECOMMENDED ACTION
It is recommended that the City Council adopt a Resolution approving the new class specification for Risk and Safety Specialist, assigning a salary range, and assigning the classification to the Confidential Bargaining Unit.
FISCAL IMPACT
The annual salary range (without benefits) for the Risk and Safety Specialist is $83,988 - $102,084. City Council has approved the funding of this position in the Loss Control Internal Service Fund for FY25. There will be salary savings of approximately $63,000 as this is replacing the Risk Manager position.
DISCUSSION
The Human Resources Department is responsible for risk management functions, including workers' compensation, liability claims, safety programs, and compliance with state and federal regulations. After a thorough review of duties and assignments, staff has identified a need for a dedicated classification that focuses specifically on risk management tasks. This adjustment will allow for a more streamlined approach to handling risk-related responsibilities and improving overall departmental efficiency. The new classification will replace the former higher-level Risk Manager with a more specialized and efficient position.
The previous Risk Manager recently left the City, prompting the need for this change at this time. This transition allows the City to reassess and optimize risk management functions to better align with current needs and resources.
H
Agenda Item #
DATE:
TO:
SUBMITTED BY:
APPROVED BY:
SUBJECT:
CITY OF
ANTIOCH
CALIFORNIA
STAFF REPORT TO THE CITY COUNCIL
Regular Meeting of February 25, 2025
Honorable Mayor and Members of the City Council
Andrew Little, Consulting Project Manager (lnterwest)
Scott Buenting, Acting Public Works Director/City Engineer� Resolution to Summarily Vacate Surplus Portions of Water Line Easement and Authorize the City Manager to Execute Any Additional Documents to Quitclaim to the Underlying Fee Owner and
Resolution to Authorize the City Manager to Accept Additional Water Line Easements for the Chick-fil-A Project at 5705 Lone Tree Way P.W. 723
RECOMMENDED ACTION
It is recommended that the City Council:
1. Adopt a resolution to summarily vacate surplus portions of a water main line easement and quitclaim any interest to the underlying fee owner; and
2. Adopt a resolution authorizing the City Manager or designee to accept new easements for a relocated water main line.
FISCAL IMPACT
There is no cost to the City for the abandonment of portions of the existing water line easement and creation of new water line easements as the Developer will pay for staff costs to process the required documents.
DISCUSSION
On November 20, 2003, Record Document No. 2003-0567104 was recorded at the Contra Costa County Recorder's Office, granting a water line easement to the City of Antioch from the Center of Slatten Ranch, LLC, over and across Lots 1 and 2 of Parcel Map 188-50.
Since the recording of these documents, a new Developer, Chick-fil-A, has requested re alignment of the existing public water main, abandon portions of the existing water line easement (Staff Report Attachment "B'', Record Document No. 2003-0567104) and grant to the City new water line easements for the re-aligned City water line.
Agenda Item #
DATE:
TO:
SUBMITTED BY:
APPROVED BY:
SUBJECT:
CITY OF
ANTIOCH
CALIFORNIA
STAFF REPORT TO THE CITY COUNCIL
Regular Meeting of February 25, 2025
Honorable Mayor and Members of the City Council
Lori Medeiros, Administrative Analyst II fh,.-1.
Scott Buenting, Acting Public Works Director/City Engineerfl7" Consideration of a Cooperative Agreement between the City of Antioch and the Contra Costa Transportation Authority for the Countywide Smart Signals Project Funded in Part by a One Bay Area Cycle 3 (OBAG 3) Grant; P.W. 636-10
RECOMMENDED ACTION
It is recommended that the City Council adopt the resolution:
1. Approving the Cooperative Agreement between the City of Antioch and the Contra Costa Transportation Authority for the Countywide Smart Signals Project;
2. Approving an amendment to the FY 2024/25 Operating Budget to increase the funding for the Countywide Smart Signals Project by $334,175 from Gas Tax funds;
3. Authorizing the expenditure of up to $334,175 of Gas Tax funds to pay an advancement to the Contra Costa Transportation Authority for estimated costs for the design and installation of upgraded equipment located within the City's right of-way and cost of construction for the Countywide Smart Signals Project, which is required to receive a $2,914,034 One Bay Area Cycle 3 (OBAG 3) Grant; and
4. Authorizing the City Manager or designee to execute the agreement in a form approved by the City Attorney.
FISCAL IMPACT
City Staff, in partnership with Contra Costa Transportation Authority (CCTA}, have identified the Countywide Smart Signals Project as a candidate for the OBAG 3 Grant Program. The approved grant amount for the Project is $2,914,034 with a total Project estimate of $3,248,209.
Adoption of this resolution will authorize amending the FY 2024/25 budget to include funding in the amount of $334,175 utilizing Gas Tax funds for the Project. There are K
Agenda Item #
CITY OF
ANTIOCH
CALIFOR NI A
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 25, 2025
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Jason Bonilla, Operations Supervisor, Facilities APPROVED BY: Scott Buenting, Acting Public Works Director/City Engineerjlif' SUBJECT: Agreement with TK Elevator Corporation for Elevator Modernization at 800 West Second Street in the Amount of $168,648
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:
1. Approving the Cooperative Purchasing Agreement with TK Elevator Corporation for the elevator modernization at 800 West Second Street in the amount of $168,648; and
2. Authorizing the City Manager or designee to execute the Cooperative Purchasing Agreement in a form approved by the City Attorney.
FISCAL IMPACT
The FY 2024/25 Capital Improvement Budget includes sufficient funds for this expenditure in the amount of $168,648.
DISCUSSION
The City purchased the building located at 800 West Second Street in October 2024. This building is intended to provide office space for two departments: Human Resources ("HR") and Public Safety and Community Resources ("PSCR"), which is estimated to provide workspace for twenty-five (25) City employees. The City currently has space constraints for current staff levels and for city departments that need additional space for new staff. The PSCR Department currently occupies space that was previously designated and constructed as a substation for the Antioch Police Department at the Antioch Community Center. Two holding cells have been used as offices for staff. Once the PSCR Department occupies the newly purchased building, the substation will be restored to its originally intended use and will allow police officers with an area to use as office space in the southeast portion of the city. The HR department is a department that needs additional staffing to address the overall increase in City employees and they currently have no additional space to grow as a department. Once the HR Department occupies the new building, the Finance Department will have additional office space for L
Agenda Item #
Antioch City Council Report
February 25, 2025, Agenda Item #L
existing and future staff.
2 This elevator modernization is needed to obtain the required occupancy permit and as part of the upgrades needed for staff to start utilizing this facility. Additionally, this elevator modernization will provide increased durability and reliability, improved fire and life safety features, decreased waiting times, reduced energy consumption, reduced operational costs, and reduced troubleshooting/repair time in the future. This modernization will also ensure that the elevator meets all State and Federal requirements such as operational use permitting, annual State inspections and Americans with Disabilities Act (ADA) compliance.
On January 16, 2025, staff received a proposal for elevator modernization for the City's building at 800 West Second Street from TK Elevator Corporation, a Sourcewell cooperative purchasing vendor. The City can utilize Sourcewell Cooperative Purchasing Agreements for the purchase of goods and services per Antioch Municipal Code section 3-4.12 (C) (3), which allows the dispensing of bidding procedures for purchasing goods or services or proposal procedures for professional services. Many public agencies, including neighboring cities and special districts, use certain national cooperative purchasing programs such as Sourcewell to enable them to obtain significant savings while maintaining the principles of fair and open competition in public procurement.
ATTACHMENTS
A. Resolution
B. TK Elevator Corporation Proposal
C. Sourcewell Contract #080420-TKE
ATTACHMENT "A"
RESOLUTION NO. 2025/xxx
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING A COOPERATIVE PURCHASING AGREEMENT WITH TK ELEVATOR CORPORATION FOR ELEVATOR MODERNIZATION AT 800 WEST SECOND STREET IN THE AMOUNT OF $168,648 AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE AGREEMENT
WHEREAS, the City purchased the building located at 800 West Second Street in October 2024. This building is intended to provide office space for two departments:
Human Resources (HR) and Public Safety and Community Resources, which is estimated to provide workspace for twenty-five (25) City employees; WHEREAS, this elevator modernization is needed to obtain the required occupancy permit and as part of the upgrades needed for staff to start utilizing this facility; WHEREAS, this elevator modernization will provide increased durability and reliability, improved fire and life safety features, decreased waiting times, reduced energy consumption, reduced operational costs, and reduced troubleshooting/repair time in the future;
WHEREAS, this modernization will also ensure that the elevator meets all State and Federal requirements such as operational use permitting, annual State inspections and Americans with Disabilities Act (ADA) compliance;
WHEREAS, on January 16, 2025, staff received a proposal for elevator modernization for the City's building at 800 West Second Street from TK Elevator Corporation, a Sourcewell cooperative purchasing vendor; WHEREAS, the City can utilize Sourcewell Cooperative Purchasing Agreements for the purchase of goods and services per Antioch Municipal Code section 3-4.12 (C) (3), which allows the dispensing of bidding procedures for purchasing goods or services or proposal procedures for professional services; and
WHEREAS, the City Council has considered approving the proposal from TK Elevator Corporation for the elevator modernization at 800 West Second Street in the amount of $168,648 and authorizing the City Manager to execute Cooperative Purchasing Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch, hereby:
1. Approves the Cooperative Purchasing Agreement with TK Elevator Corporation for the elevator modernization at 800 West Second Street in the amount of $168,648; and
2. Authorizes the City Manager to execute the Cooperative Purchasing Agreement in a form approved by the City Attorney .
RESOLUTION NO. 2025/***
February 25, 2025
* * * * * * *
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 25th day of February 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MELISSA RHODES
CITY CLERK OF THE CITY OF ANTIOCH
ATTACHMENT "B"
Modernization Proposal
800 W 2nd St
Purchaser: City Of Antioch
Address: 1201 W 4th St
Antioch, CA 94509-1005
Sourcewell contract #080420-TKE
Location: 800 W 2nd St
Address: 800 W. 2nd St
Antioch, CA 94509
January 16, 2025
TK Elevator Corporation (hereinafter "TK Elevator") is dedicated to delivering City Of Antioch (hereinafter "Purchaser") the safest, highest quality vertical transportation solutions . I am pleased to present this customized Proposal (the "Proposal") in the amount of $168,648.00 inclusive of all applicable sales and use taxes to modernize the elevator equipment described in the pages that follow at the above-referenced location.
Our modernization package is engineered specifically for your elevator system and will include the elevator mechanical and electrical components being replaced, refurbished or retained.
Benefits of Modernization include:
• Increased durability and reliability
• Improved fire and life safety features
• Decreased waiting times
• Reduced energy consumption
• Reduced operational cost
• Reduced troubleshooting time
This Proposal shall remain in effect for the next thirty (30) days unless it is revoked earlier by TK Elevator in writing.
The price above is subject to escalation - even after Purchaser's acceptance of this Proposal - under certain circumstances including TK Elevator being subjected to increased charges by its suppliers for any of the applicable materials and/or components due to supply chain issues; the imposition of new or increased taxes, tariffs, or other charges imposed by applicable governmental authorities; TK Elevator being subjected to increased charges from its shippers and/or freight forwarders; any material called for in this Proposal being released into production more than 6 months following the written acceptance of this Proposal; or any work described in this Proposal is not completed by December 31, 2025.
In the event you have any questions regarding the content of this Proposal, please do not hesitate to contact me. We appreciate your consideration.
Sincerely,
Brian Boden
Sr Account Manager
[email protected]
+1 510 2070561
2024-2-1814632 I ACIA-29W91GV I December 09, 2024
Modernization Proposal
SCOPE OF WORK
Grouping Name: 1 Equipment Type: Hydraulic
2 Stops (2 Front /0 Rear)
Units Included
Speed: 80 fpm
Capacity: 2500 lbs.
Building Address Nickname TKESerial #
800W. 2nd St
Description of Work
Controller
- TK Elevator TAC 32 Controller (Includes Options listed below) • Battery Lowering in Controller
• Diagnostic and programming tool
Power Unit
- Oil Line Piping - replacement of accessible vies only - Power Unit (Submersible)
- Shutoff Valve Kit (Pump)
- Overspeed Valve Kit
Jack - The elevator jacks and jack packing will be retained - Pipe Stands
Car
- Rebuild Car Guides
- 21" Toe guard
- Fan: Two Speed
- 5 Pin Lock with electric contact for Car Top Exit
- Cab Wiring Material (200MK1)
- Car Top Inspection Station (Stand Alone)
Hoistway
- Steel Tape with Mounting hardware, Selector and magnets (terminal limits included) - TAC 32 Field Friendly Wiring Package Includes single traveling cable, hoistway wiring, interlock wiring, interlock connectors, and serial wiring.
Pit
- 2" Shutoff Valve Kit (Pit)
- Pit Stop Switch
2024-2-1814632 I ACIA-29W91GV I December 09, 2024 2
•,Modernization Proposal
Cab Interior Walls and Ceiling Replacement
1. Replacement of the existing wall panels with standard laminate (vertical or horizontal panel design) o ColorTBD
2. New SS#4 handrail on the back wall
3. New SS#4 Suspended LED Ceiling
Design can be chosen after contract execution. A change order will be issued if the material cost and/or labor to install the cab is above and beyond standard cab selections.
Door Equipment - The elevator doors will be retained
- NEW Door Operator
- Car side relating equipment (gate switch, car rollers, clutch) will be refurbished as needed - Interlocks/pickup rollers/door rollers/ closers will be refurbished per landing as needed - NEW Micro Light Door Edge
Car Fixtures
- Main_ Car Station Includes Options Below
Applied Return
- Vandal Resistant Floor Buttons
- ADA Phone System integral with COP (Rath)
- #4 Stainless Steel Finish (441)
- Car Riding Lantern (Standard) #4 SIS (441)
Hall Fixtures
- Fire Service Phase I Key Switch
- Hoistway Access Switch (Standalone)
- Hall Stations (Surface Mounted) with
(#4 SIS (304)) Finish
California Compliant Push Buttons
PROJECT-SPECIFIC CLARIFICATIONS
1. Logistical Plan: Any required deviation from the stated logistical plan will be submitted as a change order to the project agreement.
a. Working Hours: All work specified herein, including testing, painting, as well as inspections, will be performed from 6:00 AM to 2:30 PM, except scheduled union holidays ("regular working hours of regular working days") - Monday through Friday. If, after the execution of the project agreement, overtime is mutually agreed upon, an additional charge at TK Elevator's usual rates for such work shall be added to the price of the project.
b. Storage: An allowance of $1,500 is included in this proposal for a storage container to be placed in a mutually agreed upon location as close to the working area as possible. Should the cost of the storage container exceed this amount a change order will be provided. Any relocation of the equipment as directed by the Purchaser after its initial delivery will be at Purchaser's expense. Moreover, should a project be delayed not by the fault of TK Elevator, additional storage fees may apply depending on the time frame of such delay. TK Elevator will not be responsible for theft or vandalism of equipment or tools.
2024-2-1814632 I ACIA-29W91GV I December 09, 2024 3
Modernization Proposal
c. The Building is to provide restroom access for the use ofTK Elevator mechanics and subcontractors. If a restroom is not available, a change order will be provided for a portable restroom rental.
2. Existing Equipment:
a. For elevator modernization projects, each elevator cab will be weighed prior to the start of the modernization process of each individual unit. If the existing cabs are over 5% of the allowable weight and contracted capacity as noted on the original crosshead data tag and/or the elevators are out of balance, any additional scope of work to make code compliant will be determined on an elevator by elevator case basis and a change order for this work will proposed accordingly. In addition, TK Elevator will not be responsible for any building structural items due to elevator exceeding the 5% allowable weight nor the under-sizing of the equipment proposed using the crosshead data tag information.
Should additional or higher-rated equipment be required due to a discrepancy in the actual vs. car top crosshead data tag , additional cost may apply and will be provided via change order.
3. Additional Items:
a. Hoistway door entrances are assumed to be plumb and square . b. It is agreed that in the event asbestos material is knowingly or unknowingly removed or disturbed in any manner at the jobsite, you will monitor our work place and prior to and during our manning of the job, you will certify that asbestos in the environment does not exceed .01 fibers per cc as tested by NIOSH 7400. In the event our employees or those of our subcontractors are exposed to an asbestos hazard, PC P's, lead or other hazardous substances, you agree to indemnify, defend, and hold us harmless from all damages, claims, suits, expenses, and payments resulting from such exposure.
Identification (including providing a timely copy of any existing asbestos or lead-based paint reports on the building(s) to TK Elevator), notification, removal and disposal of asbestos containing material, PCP's lead or other hazardous substances are the responsibility of the Purchaser and/or Purchaser representative. This also applies to lead-based paints. c. A dry legal machine/control room, with clear rollable access adequate for the elevator equipment, including floors, trap doors, properly sized legal machine room doors, gratings , machine room or roof access platforms, roof/loading protection, ladders, railings, foundations, all hoist beams, lighting, ventilation sized per the TK Elevator shop drawings and/or code requirements. Purchaser must maintain machine/control room (or machine/control space within the shaft for MAL equipment) temperature between 55 and 90 degrees Fahrenheit, with relative humidity less than 95% non condensing at all times.
4. Scope of Work:
a. The fixtures being installed do not meet 2019 CBC requirements for visual/text communications. If this is required a change order will be provided.
b. If deficiencies or items are found during the material engineering survey that will alter the proposed scope of work or material required to complete the modernization you will be notified immediately and a change order will be issued.
c. Coring, cutting, and patching and painting is exclude9 from this proposal.
5. Related Work by Others
a. This proposal does not include the subcontractor cost for the required electrical and fire, life, and safety upgrades. This proposal does not include any HVAC Work. b. Standby for Work by Others trades is not included in this proposal. A change order will be provided for this work along with time tickets.
c. Sprinkler related work is expressly excluded from this proposal. If per local AHJ sprinkler head(s) have to be removed from the hoistway or machine room a change order will be provided. 2024-2-1814632 I ACIA-29W91GV I December 09, 2024 4
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6. Terms and Conditions:
a. The Terms and Conditions Sourcewell contract #080420-TKE will supersede what is referenced below.
1. Key Tasks and Approximate Lead Times
Key Tasks to be performed to be performed by Purchaser prior to equipment fabrication :
a. Execution of this Proposal
b. Payment for pre-production and engineering
c. Approval of layout (if applicable)
d. Execution ofTK Elevator's Material Release Form
Approximate Durations/Lead Times
Survey and Order of Materials (additional time required for cab, signal, entrance preparation and approval, if applicable)
2 - 4 Weeks after
PPE is received
Fabrication time 10-12 Weeks
(from receipt of all approvals, fully executed contract , Material Release Form and initial progress payment) Modernization of elevator system (Per Unit):
(Upon completion of all required preparatory work by others) 3 - 4 Weeks + lead
time for State
Inspection
The durations or lead times listed above are strictly approximations that can vary due to factors both within and outside ofTK Elevator's control, are subject to change without notice to Purchaser and shall not be binding on TK Elevator.
2. Payment Terms
50% of the price set forth in this Proposal as modified by options selected from the section entitled "Value Engineering Opportunities & Alternates" (if applicable) will be due and payable as an initial progress payment within 30 days from TK Elevator's receipt of a fully executed copy of this Proposal. This initial progress payment will be applied to project management, permits, engineering and shop drawings, submittals, and drilling mobilizations (if required). The material will not be ordered until this payment is received, and the parties have both executed this Proposal and the Material Release Form.
25% of the price set forth in this Proposal as modified by options selected from the section entitled "Value Engineering Opportunities & Alternates" (if applicable) shall be due and payable when the material described above has been furnished. Material is considered furnished when it has been received at the jobsite or TK Elevator staging facility . Supporting documentation of materials stored shall be limited to stored materials certificates of insurance and bills of lading. Receipt of this payment is required prior to mobilization of labor. 25% of the price set forth in this Proposal shall be made as progress payments throughout the life of the project. In the event TK Elevator fa ils to receive payment within thirty (30) days of the date of a corresponding invoice, 2024-2-1814632 I ACIA-29W91GV I December 09, 2024 5
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TK Elevator reserves the right to demobilize until such a time that the payments have been brought up to date, and TK Elevator has the available manpower.
It is agreed that there will be no withholding of retainage from any billing and by the customer from any payment.
The payment terms breakdown above shall be considered the Schedule of Values for the project as written. Billing shall be submitted on or before the 25th day of the month according to the payment schedule above and accompanied by a form of G702-703 pay application/schedule of values and a conditional waiver, the format of which is hereby acknowledged and accepted.
The use of on line Portals for the submission of billing shall follow the terms of the Proposal and Customer agrees to permit billing in accordance with the executed contract terms. Portal access and usage is to be provided free of additional charge to TK Elevator and any additional cost for such use is to be reimbursed to TK Elevator via a reimbursable change order immediately upon acceptance.
Purchaser agrees that TK Elevator shall have no obligation to complete any steps necessary to provide Purchaser with full use and operation of the installed equipment until such time as TK Elevator has been paid 100% both of the price reflected in this Proposal and for any other work performed by TK Elevator or its subcontractors in furtherance of this Proposal. Purchaser agrees to waive any and all claims to the turnover and/or use of that equipment until such time as those amounts are paid in full.
Proposal price :
Initial progress payment:
Material furnished:
Total of remaining progress
payments:
(50%)
(25%)
(25%)
$168,648 .00
$84,324.00
$42,162.00
$42,162.00
Any work that Purchaser may require prior to turnover of the equipment that is outside of the scope described in this Proposal - other than Temporary Use as described below - will be performed only after the full execution of a mutually agreeable change order and only at the following rates:
Mechanic (Standard) per hour $380.00
Mechanic (OT) per hour $654.00
Team (Standard) per hour $684.00
Team (OT) per hour $1,177.00
Rates are not inclusive of any per diem, mileage or other expenses which may be dependent on jobsite location.
3. Warranty
TK Elevator warrants any equipment it installs as described in this Proposal against defects in material and workmanship for a period of one (1) year from the date of Purchaser's execution of TK Elevator's "Final Acceptance Form" on the express conditions that all payments made under this Proposal and any mutually agreed-to change 2024-2-1814632 I ACIA-29W91GV I December 09, 2024 6
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orders have been made in full and that such equipment is currently being serviced by TK Elevator. In the event that TK Elevator's work is delayed for a period greater than six (6) months, the warranty shall be reduced by the amount of the delay. This warranty is in lieu of any other warranty or liability for defects. TK Elevator makes no warranty of merchantability and no warranties which extend beyond the description in this Proposal, nor are there any other warranties, expressed or implied, by operation of law or otherwise. Like any piece of fine machinery, the equipment described in this Proposal should be periodically inspected, lubricated, and adjusted by competent personnel. This warranty is not intended to supplant normal maintenance service and shall not be construed to mean that TK Elevator will provide free service for periodic examination, lubrication, or adjustment, nor will TK Elevator correct, without a charge, breakage, maladjustments, or other trouble arising from normal wear and tear or abuse, misuse, improper or inadequate maintenance, or any other causes other than defective material or workmanship. In order to make a warranty claim, Purchaser must give TK Elevator prompt written notice at the address listed on the cover page of this Proposal and provided all payments due under the terms of this Proposal and any mutually agreed to written change orders have been made in full, TK Elevator shall, at its own expense, correct any proven defect by repair or replacement. TK Elevator will not, under any circumstances, reimburse Purchaser for cost of work done by others, nor shall TK Elevator be responsible for the performance of any equipment that has been the subject of service, repair, replacement, revisions or alterations by others. If there is more than one (1) unit which is the subject of work described in this Proposal, this section shall apply separately to each unit as accepted.
4. Preventative Maintenance Program
\This Proposal does not include any maintenance, service, repair or replacement of the equipment or any other work not 1 expressly described herein. TK Elevator may submit a separate proposal to Purchaser covering the maintenance and repair of this equipment to be supplied to Purchaser at an additional cost. In the event the Purchaser and TK Elevator have a new or existing maintenance Agreement in effect at the time of the acceptance of this proposal and/or during the scope of this work, the terms of the Agreement shall remain in full force and effect throughout the performance of this scope of work and continue throughout the duration of the stated term in that Agreement.
5. Work Not Included
There are certain items that are not included in this Proposal, many of which must be completed by Purchaser prior to and as a condition precedent to TK Elevator's performance of its work as described in this Proposal. In order to ensure a successful completion of this project, it shall be solely Purchaser's responsibility to coordinate its own completion of those items with TK Elevator. The following is a list of those items that are not included in this Proposal:
A. Hoistways and Equipment Rooms
1. Purchaser shall provide the following:
a. A dry legal hoistway, properly framed and enclosed, and including a pit of proper depth and overhead. This is to include steel safety beam, inspection or access platforms, access doors, sump pump, lights, waterproofing and venting as required; dewatering of pit(s) and required permanent screening/ b. A dry legal machine/control room, with clear rollable access adequate for the elevator equipment, including floors, trap doors, properly sized legal machine room doors, gratings, machine room or roof access platforms, roof/loading protection, ladders, railings, foundations, all hoist beams, lighting, ventilation sized per the TK Elevator shop drawings and/or code requirements . Purchaser must maintain machine/control room (or machine/control space within the shaft for MAL equipment) temperature between 55 and 90 degrees Fahrenheit, with relative humidity less than 95% non-condensing at all times. c. Adequate bracing of entrance frames to prevent distortion during wall construction. 2024-2-1814632 I ACIA-29W91GV I December 09, 2024 7
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d. All grouting, fire caulking, cutting, x-ray and removal of walls and floors, patching, coring, setting of sleeves/knockouts, penetrations and painting (except as specified) and removal of obstructions required for elevator work; along with all proper trenching and backfilling for any underground piping and/or conduit. e. All labor and materials necessary to support the full width of the hoistway at each landing for anchoring or welding TK Elevator sill supports, steel angles, sill recesses; f. The furnishing, installing and maintaining of the required fire rating of elevator hoistway walls, including the penetration of firewall by elevator fixture boxes;
g. Ensuring that the elevator hoistways and pits are dewatered, cleaned and properly waterproofed; B. Electrical and Life Safety: A subcontractor survey and proposal is required. Please budget $40,000-$50,000. If there is no existing fire alarm system or the existing fire alarm panel will need to be replaced for the building this cost will be higher. This does not include the premium cost or standby if you want this to be a turnkey project.
1. Purchaser shall provide a dedicated, analog telephone or data line to the elevator telephone or communication device; one additional data line per group of elevators for diagnostic capability wired to designated controller;
2. Purchaser shall provide the following:
a. suitable connections from the power main to each controller and signal equipment feeders as required, including necessary circuit breakers and fused mainline disconnect switches per N.E.C. prior to installation.
Suitable power supply capable of operating the new elevator equipment under all conditions; b. piping and wiring to controller for mainline power, car lighting, and any other building systems that interface with the elevator controls per N.E.C. Articles 620-22 and 620-51; c. any required hoistway / wellway, machine room, pit lighting and/or 110v service outlets; d. conduit and wiring for remote panels to the elevator machine room(s) and between panels. Remote panels required by local jurisdictions are not included in this proposal; e. a bonded ground wire, properly sized, from the elevator controller(s) to the primary building ground; and all remote wiring to the outside alarm bell as requested by all applicable code provisions; f. installed sprinklers, smoke/heat detectors on each floor, machine room and hoistways / wellways, shunt trip devices (not self-resetting) and access panels as may be required as well as normally open dry contacts for smoke/heat sensors, which shall be terminated by Purchaser at a properly marked terminal in the elevator controller;
g. a means to automatically disconnect the main line and the emergency power supply to the elevator prior to the application of water in the elevator machine room that shall not be self-resetting; h. emergency power supply including automatic time delay transfer switch and auxiliary contacts with wiring to the designated elevator controller and along with electrical cross connections between elevator machine rooms for emergency power purposes;
i. the following emergency power provisions are not included: interface in controller, pre-testing and testing, emergency power keyswitches;
j. emergency power operation is included as part of the design of the elevator control system and based on each car in the group only, to properly sequence, one at a time to the programmed landing, and park. The design requires that the generator, transfer switch, and related circuitry are sufficient to run this function or any other function for any building other system that is associated with this project. In the event that the generator, transfer switch, and related circuitry are not sufficient, TK Elevator will provide Purchaser with a written change order for Purchaser's execution.
k. a dry set of contacts which close 20 seconds prior to the transfer from normal power to emergency power or from emergency power to normal power whether in test mode or normal operating conditions in the event that an emergency power supply will be provided for the elevator; 2024-2-1814632 I ACIA-29W91GV I December 09, 2024 8
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I. confirmation that the emergency standby power generator and/or building can accept the power generated to and from the elevator during both Hi-Speed and Deceleration. In cases where the generator and/or building load is not electrically sized to handle the power return from the regen drive, additional separate chopper and resistor units are available for purchase but not included in this proposal. The additional chopper and resistor units allow regenerated power to be dissipated in the resistor bank and not sent back into the building grid.
C. Miscellaneous:
1. Purchaser shall provide all work relating to the finished cab flooring including, but not limited to, the provision of materials and its installation to comply with all applicable codes;
2. Hydraulic jack replacement:
a. the excavation of the elevator cylinder well hole in the event drilling is necessary through soil that is not free from rock, sand, water, building construction members and obstructions. Should obstructions be encountered, TK Elevator will proceed only after written authorization has been received from the Purchaser. The contract price shall be increased by the amount of additional labor at TK Elevator's standard labor rates as per the local office along with any additional expenses and materials required; b. adequate ingress and egress, including ramping, for rail-mounted or truck-mounted drill rig; c. Purchaser is responsible for pumping truck contractor to remove and dispose of spoils from the site. In the event that unforeseen and unfavorable below ground conditions are encountered, including but not limited to concrete around the cylinder, construction debris, adverse water and/or soil conditions, erosion, cavitations, oil contamination, or circumstances necessitating increased hole depth, etc., which require the employment of specialized contractors, TK Elevator shall immediately advise the Purchaser and costs will be extra to the contract;
d. in ground protection systems other than TK Elevator's standard HOPE or PVC protection system with bottomless corrugated steel casing;
e. any required trenching and backfilling for underground piping or casings, and conduit as well as any compaction, grouting, and waterproofing of block-out;
f. engineering, provision and installation of methane barriers or coordination/access; g. access to 2" pressurized water supply within 100'-0" of the jack hole location; h. a safe, accessible storage area for placement of 0.O.T. 55 gallon containers for the purpose of spoils containment; obtaining of local environmental or disposal permits i. any spoils or water testing;
6. Working Hours, Logistics and Mobilization
a. All work described in this Proposal shall be performed during TK Elevator's regular working days - defined as Monday thru Friday and excluding IUEC recognized holidays - and regular working hours - defined as those hours regularly worked by TK Elevator modernization mechanics at the TK Elevator branch office that will provide labor associated with the performance of the work described in this Proposal - unless otherwise specified and agreed to in writing by both TK Elevator and Purchaser (hereinafterTK Elevator's regular working days and regular working hours shall be collectively defined as "normal working hours"). TK Elevator shall be provided with uninterrupted access to the elevator hoistway and machine room areas to perform work during normal working hours.
b. Purchaser shall provide on-site parking to all TK Elevator personnel at no additional cost to TK Elevator. c. Purchaser shall provide traffic control, lane closures, permits and flagmen to allow suitable access/unload of tractor trailer(s).
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d. Purchaser agrees to provide unobstructed tractor-trailer access and roll-able access from the unloading area to the elevator or escalator hoistways or wellways (as applicable). e. Purchaser will be required to sign off on the Material Release Form, which will indicate the requested delivery date of equipment to the site. If Purchaser is not ready to accept delivery of the equipment within ten (10) business days of the agreed upon date, Purchaser will immediately make payments due for equipment and designate an area adjacent to the elevator shaft where Purchaser will accept delivery. If Purchaser fails to provide this location or a mutually agreeable alternative, TK Elevator is authorized to warehouse the equipment at the TK Elevator warehouse or designated distribution facility at Purchaser's risk and expense. Purchaser shall reimburse TK Elevator for all costs due to extra handling and warehousing. Storage beyond ten (10) business days will be assessed at a rate of $100.00 per calendar day for each unit listed in this Proposal, which covers storage and insurance of the elevator equipment and is payable prior to delivery. f. Purchaser agrees to provide a dry and secure area adjacent to the hoistway(s) at the ground level for storage of the elevator equipment and tools within ten (10) business days from receipt at the local TK Elevator warehouse.
Any warranties provided by TK Elevator for vertical transportation equipment will become null and void if equipment is stored in any manner other than a dry, enclosed building s_tructure. Any relocation of the equipment as directed by Purchaser after initial delivery will be at Purchaser's expense. g. TK Elevator includes one mobilization to the jobsite. A mobilization fee of $5,000.00 per crew per occurrence will be charged for pulling off the job or for any delays caused by others once material has been delivered and TK Elevator's work has commenced.
h. Access for this project shall be free and clear of any obstructions. A forklift for unloading and staging material shall also be provided by Purchaser at no additional cost. i. Purchaser shall provide an on-site dumpster . TK Elevator will be responsible for cleanup of elevator/ escalator packaging material; however, composite cleanup participation is not included in this Proposal. j. The hiring of a disposal company which MUST be discussed prior to any material being ordered or work being scheduled. TK Elevator will provide environmental services ONLY if this is specifically included under the "Scope of Work" section above. TK Elevator assumes no responsibility and/or liability in any way whatsoever for spoils or other contamination that may be present as a result of the cylinder breach and/or other conditions present on the work site.
k. One or more of the units described in this Proposal will be out of service and unavailable to move passengers and/or property during entire duration of the performance of the work described in this Proposal until re-certified by the applicable authority(ies) having jurisdiction and in good standing with payment schedules .
I. If site specific rules and regulations classify the elevator pit as confined space, elevator pits will need to reclassify a permit-required space to a non-permit required space prior to mobilization.
7. Temporary Use, Inspection and Turnover
a. Unless required by specification, TK Elevator will not provide for "temporary use" of the elevator(s) described in this Proposal prior to completion and acceptance of the complete installation. Temporary use shall be agreed to via a change order to this Proposal which shall require Purchaser's execution of TK Elevator's standard Temporary Use Agreement. Cost for temporary use of an elevator shall be $200.00 per calendar day per hydraulic elevator and $250.00 per calendar day for each traction elevator for rental use only , excluding personnel to operate. All labor and parts, including callbacks required during the temporary use period will be billed at TK Elevator's standard local billing rates. In the event that an elevator must be provided for temporary use, TK Elevator will require 30 days to perform final adjustments and re-inspection after the elevator has been returned to TK Elevator with all protection, intercoms and temporary signage removed. This duration does not include any provisions for finish work or for repairs of same, which shall be addressed on a project -by-project basis . Cost for preparation of controls for temporary use, refurbishment due to normal wear and tear, readjustment and re- 2024-2- 1814632 I ACIA-29W91GV I December 09, 2024 10
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inspection is $5,000.00 per elevator up to 10 floors. For projects above 10 stops, an additional cost of $1,500.00 / 10 floors shall apply. These costs are based on work performed during normal working hours. Temporary use excludes vandalism or misuse. Any required signage, communication devices, elevator operators, and protection are not included while temporary use is being provided. All overtime premiums for repairs during the temporary use period will be billed at TK Elevator's local service billing rates. b. The Proposal price set forth above includes one (1) inspection per unit by the applicable authority having jurisdiction if required by the government of the locality where the equipment is located. In the event the equipment fails that inspection due to no fault of TK Elevator, TK Elevator will charge Purchaser for both the cost of each re-inspection which shall be $1,500.00 and a remobilization fee which shall be $5,000.00 via change order prior to scheduling a re-inspection.
c. Upon notice from TK Elevator that the installation and/or modernization of the equipment is complete, Purchaser will arrange to have present at thejobsite a person authorized to make the final inspection and to execute TK Elevator's "Final Acceptance Form." The date and time that such person will be present at the site shall be mutually agreed upon but shall not be more than ten (10) business days after the date of TK Elevator's notice of completion to Purchaser unless both TK Elevator and Purchaser agree to an extension of that ten (10) day period in writing. Such final inspection and execution ofTK Elevator's "Final Acceptance Form" shall not be unreasonably delayed or withheld.
d. Should the Purchaser or the local authority having jurisdiction require TK Elevator's presence at the inspection of equipment installed by others in conjunction with the work described in this Proposal, Purchaser agrees to compensate TK Elevator for its time at TK Elevator's current billing rate as posted at its local office. e. At the conclusion of its work, TK Elevator will remove all equipment and unused or removed materials from the project site and leave its work area in a condition that, in TK Elevator's sole opinion, is neat and clean. f. Purchaser agrees to accept a live demonstration of equipment's owner-controlled features in lieu of any maintenance training required in the bid specifications . g. Purchaser agrees to accept TK Elevator's standard owner's manual in lieu of any maintenance, or any other, manual(s) required in the bid specifications.
8.MAX
MAX is a cloud based Internet of Things (loT) platform that we, at our election, may connect to your elevators and escalators by means of installation of a remote-monitoring device or modem (each a "device"). MAX will analyze the unique signal output of your equipment 24/7 and when existing or potential outages are identified, MAX will automatically communicate with our dispatch centers. When appropriate, the dispatch center will alert our technicians during normal working hours. These MAX alerts provide the technician with precise diagnostics detail, which greatly enhances our ability to fix your equipment right the first time, MAXimizing the equipment uptime. a. Purchaser authorizes TK Elevator and its employees to access purchaser's premises to install, maintain and/or repair the devices and, upon termination of the service agreement, to remove the same from the premises if we elect to remove.
b. TK Elevator is and shall remain the sole owner of the devices and the data communicated to us by the devices . The devices shall not become fixtures and are intended to reside where they are installed. TK Elevator may remove the devices and cease all data collection and analysis at any time. c. If the service agreement between TK Elevator and Purchaser is terminated for any reason, TK Elevator will automatically deactivate the data collection, terminate the device software and all raw data previously received from the device will be removed and/or expunged or destroyed. d. Purchaser consents to the installation of the devices in your elevators and to the collection, maintenance, use, expungement and destruction of the daily elevator data as set forth in this agreement. 2024-2-1814632 I ACIA-29W91GV I December 09, 2024 11
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e. The devices installed by TK Elevator contain trade secrets belonging to us and are installed for the use and benefit of our personnel only.
f. Purchaser agrees not to permit purchaser personnel or any third parties to use, access, tamper with, relocate, copy, disclose, alter, destroy, disassemble or reverse engineer the device while it is located on purchaser's premises.
g. The installation of this equipment shall not confer any rights or operate as an assignment or license to you of any patents, copyrights or trade secrets with respect to the equipment and/or any software contained or imbedded therein or utilized in connection with the collection, monitoring and/or analysis of data.
9. Additional Terms and Conditions
a. In no event shall TK Elevator be responsible for liquidated, consequential, indirect, incidental, exemplary, and special damages associated with the work described in this Proposal. b. This Proposal is made without regard to compliance with any special purchas ing, manufactur ing or construction/installation requirements including, but not limited to, any socio-economic programs, such as small business programs, minority or woman owned business enterprise programs, or local preferences, any restrictive sourcing programs, such as Buy American Act, or any other similar local, state or federal procurement regulations or laws that would affect the cost of performance. Should any such requirements be applicable to the work described in this Proposal, TK Elevator reserves the right to modify this Proposal or rescind it altogether. c. TK Elevator is an equal opportunity employer.
d. TK Elevator's performance of the work described in this Proposal is contingent upon Purchaser furnishing TK Elevator with any and all necessary permission or priority required under the terms and conditions of government regulations affecting the acceptance of this Proposal or the manufacture , delivery or installation of the equipment . All applicable sales and use taxes, permit fees and licenses imposed upon TK Elevator as of the date of the Proposal are included in the price of the Proposal. Purchaser is responsible for any additional applicable sales and use taxes, permit fees and licenses imposed upon TK Elevator after the date of the Proposal or as a result of any law enacted after the date of the Proposal. e. All taxes, tariffs, duties, permit and/or license fees imposed upon TK Elevator as of the date of the execution of this Proposal are included in the price of the Proposal. After the date of acceptance of this Proposal and in addition to the Proposal price, Purchaser is also responsible to pay TK Elevator for any new (or any increase in): (1) applicable taxes, tariffs, duties, permit and/or license fees; (2) charges from its suppliers for any of the applicable materials and/or components: (A) due to supply chain issues, the imposition of new or increased taxes, tariffs, or other charges by applicable governmental authorities; (B) if the release of materials called for in this Proposal occurs after the mileston mentioned earlier in this Proposal; and/or (C) if the completion of work called for in this Proposal occurs after the milestone mentioned earlier in this Proposal; and/or (3) charges from TK Elevator 's shippers and/or freight forwarders.
f. Purchaser agrees to provide TK Elevator's personnel with a safe place in which to work and TK Elevator reserves the right to discontinue work at thejobsite whenever, in TK Elevator's sole opinion, this provision is being violated. g. The pricing set forth in this Proposal assumes that the elevator pits will not be classified as a confined space.
TK Elevator will follow its standard safety policy and procedures. Any job specific safety requirements over and above TK Elevator's standard practices and policies may require additional costs . h. TK Elevator will furnish and install all equipment in accordance with the terms , conditions, s~ope and equipment nomenclature as noted herein. Requested changes or modifications to such provisions will require a written change order issued on the Purchaser's letterhead and accepted by TK Elevator in writing prior to the execution of such work. This change order shall deta il the current contract price , the amount of the change, and / new contract value.
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i. This Proposal does not include a schedule for the work described and any such schedule shall be mutually agreed upon by an authorized representative of both TK Elevator and Purchaser in writing before becoming effective.
j. In the event asbestos material is knowingly or unknowingly removed or disturbed in any manner at the jobsite, Purchaser shall monitor TK Elevator's work place and prior to and during TK Elevator's manning of the job, Purchaser shall certify that asbestos in the environment does not exceed .01 fibers per cc as tested by NIOSH 7400. In the event TK Elevator's employees or those of TK Elevator's subcontractors are exposed to an asbestos hazard, PC P's, lead or other hazardous substances, Purchaser agrees, to the fullest extent permitted by law, to indemnify, defend, and hold TK Elevator harmless from all damages, claims, suits, expenses, and payments resulting from such exposure. Identification, notification, removal and disposal of asbestos containing material, PCP's lead or other hazardous substances are the responsibility of the Purchaser. k. TK Elevator retains title to and a security interest in all equipment it supplies - which TK Elevator and Purchaser agree can be removed without material injury to the real property - until all payments including deferred payments and any extensions thereof, are made. In the event of any default by Purchaser on any payment, or any other provision of this Proposal, TK Elevator may take immediate possession of the equipment and enter upon the premises where it is located - without legal process - and remove such equipment or portions thereof, irrespective of the matter of its attachment to the real estate or the sale, mortgage or lease of the real estate. Pursuant to the Uniform Commercial Code , and at TK Elevator 's request, Purchaser agrees to execute any financial or continuation statements which may be necessary for TK Elevator to file in public offices in order to perfect TK Elevator's security interest in such equipment.
I. TK Elevator reserves the right to assign payments owed to TK Elevator under this Proposal. m. TK Elevator shall not be liable for any loss, damage or delay caused by acts of government, labor troubles, strikes, lockouts, fire, explosion, theft, floods , riot, civil commotion, war, malicious mischief, acts of God or any cause beyond its control.
n. The rights of TK Elevator under this Proposal shall be cumulative and the failure on the part of the TK Elevator to exercise any rights hereunder shall not operate to forfeit or waive any of said rights. Any extension, indulgence or change by TK Elevator in the method, mode or manner or payment or any of its other rights shall not be construed as a waiver of any of its rights under this Proposal. o. In the event TK Elevator engages a third party to enforce the terms of this Proposal, and/or to collect payment due hereunder, either with or without suit, Purchaser agrees to pay all costs thereof together with reasonable attorney's fees. Purchaser does hereby waive trial by jury and does hereby consent to the venue of any proceeding or lawsuit under this Proposal to be in the county where the work covered by this Proposal is located . p. TK Elevator can furnish Certificate of Workers' Compensation, Bodily Injury and Property Damage Liability Insurance coverage to Purchaser upon written request .
q. Should loss of or damage to TK Elevator's material, tools or work occur at the project site, Purchaser shall compensate TK Elevator for such loss, unless such loss or damage results from TK Elevator's own acts or omissions.
r. Purchaser, in consideration ofTK Elevator performing the services set forth in this Proposal, to the fullest extent permitted by law expressly agrees to indemnify, defend, save harmless, discharge, release and forever acquit TK Elevator Corporation, TK Elevator Manufacturing, Inc., their respective employees, officers, agents, insurers, affiliates, and subsidiaries (hereinafter singularly a "TK Elevator party" and collectively the "TK Elevator parties ") from and against any and all claims, demands, suits, and proceedings for loss, property damage (including damage to the equipment which is the subject matter of this Proposal), personal injury or death that are alleged to either have arisen out of or be connected with the sale, marketing, presence, use, misuse , maintenance , installation, removal, modernization, manufacture, design, operation or condition of the equipment that is the subject matter of this Proposal or the labor and materials furnished in connection with this Proposal. Purchaser's duty to indemnify a TK Elevator party does not apply to the extent that the loss, property damage (including 2024-2-1814632 I ACIA-29W91GV I December 09, 2024 13
Modernization Proposal
damage to the equipment which is the subject matter of this Proposal), personal injury or death is determined to be caused by or resulting from the negligence of that TK Elevator party. Purchaser recognizes that its obligation to defend the TK Elevator parties under this clause, which is separate and apart from its duty to indemnify the TK Elevator parties, includes payment of all attorneys' fees, court costs,judgments, settlements, interest and any other expenses of litigation arising out of such claims, demands, suits or proceedings. s. Purchaser further expressly agrees to name Tk Elevator Corporation and TK Elevator Manufacturing, Inc. along with their respective officers, agents, affiliates and subsidiaries as additional insureds in Purchaser's liability and any excess (umbrella) liability insurance policy(ies). Such insurance must insure TK Elevator Corporation and TK Elevator Manufacturing, Inc. for those claims and/or losses referenced in the above paragraph and those claims and/or or losses arising from the negligence ofTK Elevator Corporation and TK Elevator Manufacturing, Inc. Such insurance must specify that its coverage is primary and non-contributory. Purchaser hereby waives its right of subrogation.
t. TK Elevator's participation in any controlled insurance program is expressly conditioned upon review and approval of all controlled insurance program information and documentation prior to enrollment. Any insurance credits if applicable, will be provided at that time.
u. Unless so mutually agreed upon in a separate signed agreement, TK Elevator shall not be required to interact or correspond with any third party with whom Subcontractor is not in privity of contract concerning matters pertinent to this Agreement.
v. The Purchaser must inform TK Elevator if Purchaser is, or becomes, an individual or entity that is - or that is majority owned or controlled by a party that is - included on any list of restricted parties maintained by (i) the United States of America; (ii) the United Nations; (iii) the European Union or any EU member state; (iv) the UK; or (v) any other national authority binding the parties of this contract.
In case the Purchaser, or any other beneficiary of this transaction, e.g. the end-user, is or becomes an individual or entity that is - or that is majority owned or controlled by a party that is - included on any list of restricted parties, TK Elevator reserves the right to cancel this Proposal immediately.
If the goods subject to this Proposal would be exported, re-exported, resold, used, transferred or otherwise disposed of in violation of any sanctions applicable to TK Elevator, TK Elevator also reserves the right to cancel this Proposal immediately. In this respect, the Purchaser shall be obliged to disclose the final delivery address, end-user and end-use of the goods upon request - insofar as legally permissible - and to notify TK Elevator of all circumstances that indicate an aforementioned infringement. "Sanctions" means here any economic, trade or financial sanctions, laws, regulations, embargoes or restrictive measures imposed, enacted, administered or enforced by any Sanctions Authority. "Sanctions Authority" means (i) the US;(ii) the UN Security Council;(iii) the EU and any EU member state;(iv) the UK; or(v) any governmental institutions of any of the foregoing which administer Sanctions, including HM Treasury, OFAC, the US State Department and the US Department of the Treasury.
2024-2-1814632 I ACIA-29W91GV I December 09, 2024 14
': Modernization Proposal
Acceptance
Purchaser's acceptance of this Proposal and its approval by an authorized manager of TK Elevator will constitute exclusively and entirely the agreement between the parties for the goods and services herein described and full payment of the sum of One Hundred Sixty Eight Thousand Six Hundred Forty Eight Dollars ($168,648.00) inclusive of all applicable sales and use taxes.
All other prior representations or regarding this work, whether written or verbal, will be deemed to be merged herein and no other changes in or additions to this Proposal will be recognized unless made in writing and properly executed by both parties as a change order. Should Purchaser's acceptance be in the form of a purchase order or other similar document, the provisions of this Proposal will exclusively govern the relationship of the parties with respect to this transaction . No agent or employee shall have the authority to waive or modify any of the terms of this Proposal without the prior written approval of an authorized TK Elevator manager.
City Of Antioch TK Elevator Corporation Management Approval (Purchaser):
By: By:
) (Signature of Authorized Individual) (Signature of Branch Representative) (Print or Type Name)
(Print or Type Title)
(Date of Acceptance) (Date of Execution)
2024-2-1814632 I ACIA-29W91GV I December 09, 2024 15
ATTACHMENT "C"
DocuSign Envelope ID: EE5423C0-06EA-4197 -8818-9986860FE255 Sourcewell ~
CONTRACT EXTENSION
Contract Number: 080420-TKE
Sourcewell
202 12th Street Northeast
P.O. Box 219
Staples, MN 56479
(Sourcewell)
and
have entered into Contract Number: 080420-TKE
TK Elevator
114 Townpark Dr NW
Kennesaw, Georgia
{Vendor}
30144-3715
for the procurement of: Elevators, Escalators, and Moving Walks with Related Equipment, Services, and Supplies
The Contract has an expiration date of 2024-08-28 , but the parties may extend the Contract by mutual consent.
Sourcewell and Vendor acknowledge that extending the Contract benefits the Vendor, Sourcewell and Sourcewell's Members. Vendor and Sourcewell agree to extend the Contract listed above for an additional period, with a new Contract expiration date of 2025-08-28 . All other terms and conditions of the Contract remain in full force and effect.
Sourcewell
Jeremy Schwartz
Name
Chief Operating and Procurement Officer
Title
3/12/2024 I 8:41 AM CDT
Date
Rev. 7/2022
iJF51D2204Z804CF
AUtnOrlZ e □ ~,gnature
Donna Sams
Name
Supervisor, S&R Contract Analysts
Title
3/13/2024 I 11:22 AM EDT
Date
1 DATE:
TO:
SUBMITTED BY:
APPROVED BY:
SUBJECT:
CITY OF
ANTIOCH
CALIFORNIA
STAFF REPORT TO THE CITY COUNCIL
Regular Meeting of February 25, 2025
Honorable Mayor and Members of the City Council
Lori Medeiros, Administrative Analyst II
Scott Buenting, Acting Public Works Director/City Engineerjl First Amendment to the Consulting Services Agreement with Indigo Hammond+Playle Architects, LLP for Citywide Space Planning and Architectural Consultation Services; P.W. 700-4
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:
1. Approving the first amendment to the Consulting Services Agreement with Indigo Hammond+Playle Architects, LLP for Citywide Space Planning and Architectural Consultation Services for the building at 800 West Second Street in the amount of $54,500 for a total contract amount of $103,000; and
2. Authorizing the City Manager or designee to execute the first amendment to the Consulting Services Agreement in a form approved by the City Attorney.
FISCAL IMPACT
The FY 2024/25 Capital Improvement Budget includes sufficient funding for these services.
DISCUSSION
On December 12, 2023, the City entered into a Consulting Services Agreement with Indigo Hammond+Playle Architects, LLP ("Indigo") for Citywide Space Planning and Architectural Consultation Services in the amount of $48,500. Indigo has performed architectural consultation and space planning services for the Nick Rodriguez Community Center Rehabilitation project and has expended most of these funds.
On March 26, 2024, the City Council approved a resolution for the purchase of property located at 800 West 2nd Street in the amount of $1,830,000 plus escrow closings costs and fees utilizing American Rescue Plan Act ("ARPA") funds allocated to the City. This property includes a 9,898 square foot, two-story office building and gated parking lot. The property was intended to include office space for city departments that currently have space constraints.
M
Agenda Item #
Antioch City Council Report
February 25, 2025, Agenda Item #M 2
This building is intended to provide office space for two departments: Human Resources ("HR") and Public Safety and Community Resources ("PSCR"), which is estimated to provide workspace for twenty-five (25) City employees. The City currently has space constraints for current staff levels and for city departments that need additional space for new staff. The PSCR Department currently occupies space that was previously designated and constructed as a substation for the Antioch Police Department at the Antioch Community Center. Two holding cells have been used as offices for staff. Once the PSCR Department occupies the newly purchased building, the substation will be restored to its originally intended use and will allow police officers with an area to use as office space in the southeast portion of the city. The HR department is a department that needs additional staffing to address the overall increase in City employees and they currently have no additional space to grow as a department. Once the HR Department occupies the new building, the Finance Department will have additional office space for existing and future staff.
Staff recommend approving the first amendment with Indigo to provide a feasibility study and assessment to remodel the recently purchased building at 800 West 2nd Street which is intended to be used for the Human Resources Department and the Public Safety and Community Resources Department. The study will evaluate necessary modifications to accommodate these uses effectively. Additional funding is required to expand the scope of services to include these activities.
ATTACHMENTS
A. Resolution
Exhibit "1" - First Amendment to Consulting Services Agreement with Indigo Hammond+Playle Architects, LLP
B. Staff Report to Council on March 26, 2024 Regarding Purchase of Property ATTACHMENT "A"
RESOLUTION NO. 2025/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING THE FIRST AMENDMENT TO THE CONSUL TING SERVICES AGREEMENT WITH INDIGO HAMMOND+PLA YLE ARCHITECTS, LLP FOR
CITYWIDE SPACE PLANNING AND ARCHITECTURAL CONSULTATION SERVICES
AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE
FIRST AMENDMENT TO THE AGREEMENT
P.W. 700-4
WHEREAS, on December 12, 2023, Indigo Hammond+Playle Architects, LLP ("Indigo") entered into a Consulting Services Agreement ("Agreement") for Citywide Space Planning and Architectural Consultation Services in the amount of $48,500; WHEREAS, Indigo has performed architectural consultation and space planning services for the Nick Rodriguez Community Center Rehabilitation project and has expended most of these funds; and
WHEREAS, the City Council has considered approving the first amendment to the Agreement with Indigo for Citywide Space Planning and Architectural Consultation Services to provide a feasibility study and assessment to remodel the recently purchased building at 800 West 2nd Street in the amount of $54,500 for a total contract amount of $103,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby:
1. Approves the first amendment to the Agreement with Indigo Hammond+Playle Architects, LLP for Citywide Space Planning and Architectural Consultation Services to provide a feasibility study and assessment to remodel the recently purchased building at 800 West Second Street in the amount of $54,500 for a total contract amount of $103,000 in substantially the form attached as Exhibit "1 "; and
2. Authorizes the City Manager or designee to execute the first amendment to the Consulting Services Agreement with Indigo Hammond+Playle Architects, LLP in a form approved by the City Attorney.
* * * * * * * *
RESOLUTION NO. 2025/**
February 25, 2025
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 25th day of February 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MELISSA RHODES
CITY CLERK OF THE CITY OF ANTIOCH
EXHIBIT "1"
AMENDMENT NO. 1 TO AGREEMENT
FOR CITYWIDE SPACE PLANNING AND ARCHITECTURAL
CONSULTATION SERVICES
P.W. 700-4
THIS FIRST AMENDMENT TO THE AGREEMENT FOR CONSULTANT
SERVICES is entered into this 11th day of February 2025, by and between the CITY OF ANTIOCH, a municipal corporation ("City") and INDIGO HAMMOND+PLA YLE ARCHITECTS, LLP, their address is 909 Fifth Street, Davis, CA 95616 ("Consultant").
RECITALS
WHEREAS, on December 12, 2023, City and Consultant, entered into an Agreement for Citywide Space Planning and Architectural Consultation Services ("Agreement") in the amount of $48,500; and
WHEREAS, on February 11, 2025, the City Council considered approving the first amendment to the Agreement with Consultant for Citywide Space Planning and Architectural Consultation Services in the amount of $54,500 for a total contract amount of $103,000 and authorized the City Manager to execute the first amendment.
NOW, THEREFORE, THE PARTIES DO MUTUALLY AGREE AS FOLLOWS:
1. Section 1 "SERVICES" the first paragraph shall be amended to read as follows:
"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 to the Agreement, and Exhibit A to Amendment No. 1 at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and the Exhibits, the Agreement shall prevail."
2. Section 2 "COMPENSATION" the first sentence shall be amended to read as follows:
"CITY hereby agrees to pay Consultant a sum not to exceed One Hundred Three Thousand Dollars ($103,000), 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 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."
All other terms and conditions of the Agreement shall remain in full force and effect.
CITY OF ANTIOCH: INDIGO HAMMOND +PLAYLE ARCHITECTS
By: By:
Bessie Marie Scott, City Manager Bruce Playle, Partner
ATTEST:
Melissa Rhodes, City Clerk
APPROVED AS TO FORM:
Derek Cole, Interim City Attorney
HAMMOND+PLAYLE
ARCHITECTS,LLP
January 28, 2025
Carlos Zepeda, Deputy Director
Public Works Department
City of Antioch
200 H Street
Antioch, CA 94509-1005
EXHIBIT "A"
Re: Amendment, Design Services for Building Renovation, 800 W. 2nd Street Remodel, City of Antioch, CA
Dear Carlos,
Thank you for the opportunity to provide this scope and fee proposal for design services for a feasibility study and assessment of remodeling 800 W. 2nd Street for use as the City of Antioch Human Resources Department, and Public Safety & Community Resources Department. This work is performed under the Master Agreement dated December 12, 2024.
Scope of Work
The scope of work is a 2-step feasibility study and assessment of the City-owned property at 800 W. 2nd Street for use as the City of Antioch Human Resources and Public Safety & Community Resources Department. The property was previously used as a PG&E payment office, currently vacant. The building is 10,255 sf in area, comprised of 4,747 sf on the 1st floor, and 5,508 sf on the 2nd floor. There is a working elevator and 2 stairs serving the 2nd floor. The City intends to renovate the facility using a combination of trade contractors and possible general contracting. The Human Resources Department with 10 employees estimated and the Public Safety & Community Resources Department with 15 employees estimated will move here from City Hall, inclusive of various support and storage spaces. No police services are included, and the building is not to be considered a CA essential services building.
The purpose of 2-steps in this proposal is to first perform a high-level feasibility analysis to determine the best layout and feasibility, including a rough order-of-magnitude ROM cost, so that City can decide how to proceed. The second step includes a more detailed study of the property including engineering analysis and a more detailed cost estimate. At the end of this assessment the City will decide how much subcontracting vs. on-call vs. general contractor work will be required and a proposal for final design, bidding, and construction administration services will be provided accordingly.
Step #1 - Preliminary Assessment
Conduct visual inspection and walk-through of both building and site. Based on as-built plans provided by City, prepare CAD base floor plan of the building and base site plan in sufficient detail for use in this study. Review staffing information provided by City and prepare a Program Summary consisting of a tabular summary of all staff and key spaces with tentative space assignments for the City of Antioch Human Relations Department and Public Safety & Community Resources Department. Offices, workstations, storage and common areas will be defined . Perform a fit analysis by comparing the required program area with space available in the existing building. Conduct videoconference with City to review.
INDIGO I Hammond+ Playle Architects, LLP I 909 Fifth Street I Davis, CA 95616 I t 530.750.0756 I w indigoarch.com Carlos Zepeda
January 28, 2025
With feedback on the Program received from City, prepare up to three (3) alternative site plan and floor plan layouts demonstrating how the existing building can be best used to accommodate the Departments most efficiently and to implement customer service goals. Conduct in-person workshop with City staff to: review and comment on these alternative plans; develop further alternatives or hybrid design; resulting in the Preferred Plan with which to proceed. Timeline is 4 weeks, deliverables:
• Existing facility photos .
• Program Summary in tabular form.
• CAD base plan of the existing site and floor plans.
• Three (3) alternative conceptual site and floor plan layouts. • One (1) Preferred Alternative conceptual site and floor plan layout. • ROM cost estimate.
• Meeting notes.
Step #2 - Detailed Assessment
Conduct a technical review of the existing as-bult plans and conduct one on site technical review of the existing building and site by architectural, mechanical, and electrical engineers. Structural review will be limited to areas of change in occupant load (e.g. for files storage, other) and will be conducted remotely. Civil engineering and landscape architecture are excluded. Each discipline will generally define the level of system upgrade or replacement needed to accommodate the new use and/or to meet codes. Prepare a functional group cost estimate and meet with City to review. The cost estimate will be prepared in the Construction Specifications Institute CSI Uniformat functional groups for site and building. Provide a detailed proposal for completing any design and engineering requested by City for final design, permitting, bidding, and construction administration. Timeline is 3 weeks, deliverables:
• Existing facility overview by engineers shown.
• Building systems scopes for mechanical , plumbing, electrical, and low voltage . • Functional group cost estimate in CSI Uniformat.
• Meeting notes.
Detailed means that level of detail consistent with the preliminary use of this study, providing layout, scope, and framework for construction documents assumed to follow. Site studies such as survey, geotechnical, and building scanning for as-builts are not included, nor are additional meetings or the work of subconsultants or engineers other than those shown. A hazardous materials assessment of the existing building is not needed due to the relatively recent vintage of the building and therefore not included. Also, site investigations for any hazmat, UST, etc. are not included. Further site investigations and other design work may be required should the City decide to complete the design and construction of this project. These are available on the basis of additional services, inquire for pricing.
Fee Proposal
The Total Fee is a time-and-materials fee with a not-to-exceed cost of $54,500 . As detailed below.
Step #2 is optional and will not commence without the express authorization by the City based on the findings in Step #1 .
Step #1 - Preliminary Assessment
Architectural incl. coordination
Total Step #1
$22,500.
$22,500.
INDIGO I Hammond+ Playle Architects, LLP I 909 Fifth Street I Davis, CA 95616 It 530 .750.0756 I w indigoarch.com Carlos Zepeda
January 28, 2025
Step #2 - Detailed Assessment (option)
Architectural incl. coordination $12,000.
Structural engineering $6,000.
Mechanical engineering $8,000.
Electrical engineering $8,000.
Total Step #2 $32,000.
Total incl. optional Step #2
Invoicing and other terms
$54,500.
Compensation for the above work will be billed monthly in accordance with the terms of the on-call services agreement. Changes in service will be on a time-and-materials , fixed-fee, or percentage basis as may be mutually agreed to in writing. Refer to the on-call services agreement for additional terms and conditions.
I hope you find this information useful and will look forward to assisting you with this important work for conversion of the City-owned property at 800 W. 2nd Street for use by the City of Antioch.
Sincerely,
Bruce Playle, AIA
California Architect C 15459
INDIGO I Hammond+ Playle Architects, LLP I 909 Fifth Street I Davis, CA 95616 I t 530.750.0756 I w indigoarch.com 5 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regul
ar Meeting of March 26, 2024
TO: Honorabl
e Mayor and Members of the City Council
SUBMIT
TED BY: Kwame P. Reed, Acting City Manager KPR
SUBJECT: Approving the Purchase of Real Property located at 800 W. 2 nd Street, Antioch, CA (APN 066- 091-017); Authorizing Acting City Manager to Execute the Purchase and Sale Agreement and Joint Escrow Instructions with SKEJUL, LLC; Approving Certain Related Actions; And Making CEQA Exempt Findings
RECOMM
ENDED ACTION
It is recommended that the City Council adopt a resolution approving the purchase of the real property located at 800 W. 2 nd Street, Antioch, California (APN 066- 091-017) (“Property”); authorizing the Acting City Manager or designee to execute the Purchase and Sale Agreement and Joint Escrow Instructions with SKEJUL, LLC for purchase of the Property with a purchase price in the amount of $1,830,000.00 plus closing costs and fees, and take all related actions necessa ry to complete the acquisition; and making a finding that the purchase of the Property is found to be categorically exempt from environmental review under the California Environmental Quality Act (CEQA).
FISCAL IMPACT
This action results in an expenditure of $1,830,000 .00 plus escrow closings costs and fees estimated to be approximately 5-8% of the purchase price with the source of funding coming from American Rescue Plan Act (“ARPA”) funds allocated to the City. Staff is recommending the budgeted ARPA funds for the Public Safety and Community Resources Department b uilding be used to complete the purchase of the property at 800 W. 2nd Street.
DISCUS
SION
Seller, SKEJUL, LLC, owns and has listed the Property for sale. The Property is located at 800 W. 2nd Street, Antioch and consists of approximately 0.29 acres of land, all together with improvements of an approximately 9, 898 square feet 2-stor y office building and gated parking lot. The acquisition of this Property is desira ble due to its proximity to Ci ty Hall. The intended use of P roperty would be for t he City’s use and purposes , which include office space for city departments that currently have space constraints.
ATTACHMENT B
Antioch City Council Report
March 26, 2024 Agenda Item#5 2
The purchase of the Property has been reviewed and determined to be exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Sections 15301, Existing Facilities and 15061(b)(3), Common Sense Exemption. The proposed purchase is merely for the acquisition of the fee interest in real property and the City intends to continue to use the Property in the same manner as it is currently being used.
ATTACHMENTS
A. Resolution
Exhibit A to Resolution - Depiction of Property
Exhibit B to Resolution - Purchase and Sale Agreement and Joint Escrow Instructions
B. Letter of Intent to Purchase and Sale Agreement
ATTACHMENT A
1 RESOLUTION NO. 2024–____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING THE PURCHASE OF REAL PROPERTY LOCATED AT
800 W. 2 ND STREET, ANTIOCH, CALIFORNIA (APN 066- 091-017);
AUTHORIZING ACTING CITY MANAGER OR DESIGNEE TO
EXECUTE THE PURCHASE AND SALE AGREEMENT AND JOINT
ESCROW INSTRUCTIONS WITH SKEJUL, LLC; APPROVING
CERTAIN RELATED ACTIONS ; AND MAKING CEQA EXEMPT
FINDINGS
WHEREAS, pursuant to California Government Code Section 37350, the City of Antioch (“City”) is statutorily authorized to purchase real property, by a negotiated agreement with the owner of the real property, and to control it for the common benefit of the City;
WHEREAS, SKEJUL, LLC, a California limited liability company, (“Seller ”) is the owner of and has offered for sale that certain real property located within the City of Antioch at the intersection of West 2
nd Street and I Street (APN 066-091-017), California,
consisting of approximately 0.29 acres of land (12,632 sq. ft.), together with certain improvements, including an approximately 9,898 square feet standalone 2-story office building and a secured parking lot, as depicted in the attached Exhibit A (the “Property”); WHEREAS, the Property is located in proximity to and diagonally across from Antioch City Hall, located at 200 H Street, Antioch, California; WHEREAS, the improvements on the Property consists of a 2-story office building with an elevator, a secured lobby and reception area, equipped with a natural gas back- up generator, and a gated entry to the parking lot with 16 parking spaces; WHEREAS, the Seller desires to sell the Property to the City and the City desires to purchase the Property from the Seller pursuant to the negotiated terms and conditions of that certain Purchase and Sale Agreement and Joint Escrow Instructions between the City and the Seller, and upon acquiring the Property, the City intends to use the Property for the City’s use and purposes;
WHEREAS, the negotiated purchase price for the Property is One Million Eight Hundred Thirty Thousand Dollars ($1,830,000) and will be purchased using budgeted funds for the Public Safety and Community Resources Department building from the City’s American Rescue Plan Act allocation received;
WHEREAS, the purchase price for the Property has been determined to be fair market value for this Property based upon negotiations between the parties and an appraised value of the Property;
ATTACHMENT A
2 WHEREAS, the proposed purchase of the Property is in the best interest of the City and the residents of the City and are in accordance with the public purposes set forth in applicable law;
WHEREAS, the purchase of the Property is categorically exempt from environmental review under the California Environmental Quality Act (“CEQA”) based on the findings further set forth in this Resolution; and
WHEREAS, the City Council has reviewed this Resolution and now desires to approve the purchase of the Property and the Purchase and Sale Agreement and Joint Escrow Instructions, attached to this Resolution as Exhibit “B,” purchasing the Property from the Seller for the City’s use and purposes and to authorize certain related actions , based on the findings and justifications contained in this Resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch does hereby find, determine, and order as follows:
SECTION 1: The above recitals are true and correct and are a substantive part of this Resolution and findings of the City Council.
SECTION 2: ARPA funds budgeted for the Public Safety and Community Resources Department building will be utilized to complete the purchase of 800 W. 2 nd Street.
SECTION 3: The City determines that this Resolution and the actions authorized hereunder are categorically exempt from environmental review pursuant to State CEQA Guidelines Section 15301, Class 1, Existing Facilities Exemption; and Section 15061(b)(3), General Rule Exemption; which categorical exemptions for existing facilities applies to the purchase of the Property because t he City is merely purchasing the fee interest in the Property, and to continue the use of the property with the existing building and parking lot facilities, involving negligible or no expansion of existing or former use, and it can be seen with certainty that there is no possibility that the activity in question will have a significant effect on the environment.
SECTION 4: The purchase of the Property for One Million Eight Hundred Thirty Thousand Dollars ($1,830,000) from the Seller and the Purchase and Sale Agreement and Joint Escrow Instructions between the City and Seller, attached hereto as Exhibit B, for the purchase and sale of the Property to the City for the City’s use and purposes is hereby approved and may be executed in substantially the same form as the attach ed Exhibit B, subject to changes as may be approved by the City Attorney.
SECTION 5: The Acting City Manager is authorized and directed to execute the Purchase and Sale Agreement and Joint Escrow Instructions in a form approved by the City Attorney and to take such other actions and execute such other documents, subject
ATTACHMENT A
3 to the approval of form by the City Attorney, as are necessary to effectuate the intent of this Resolution.
SECTION 6 : The City Council directs the Acting City Manager or designee to file a Notice of Exemption with the County Clerk for the County of Contra Costa within five (5) working days of the date of this Resolution.
SECTION 7: If any section, subsection, paragraph, sentence, clause, or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution.
SECTION 8: This Resolution shall become effective immediately upon adoption and the City Clerk shall certify to the adoption of this Resolution.
* * * * * * * * *
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 26th day of March 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
E
XHIBIT A
DE
PICTION OF PROPERTY
E
XHIBIT B
P
URCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTION
1 PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
This Purchase and Sale Agreement and Joint Escrow Instructions (this “ Agreement”) is made as of ________________, 2024 (the “Effective Date”), between SKEJUL, LLC, a California limited liability company (“Seller”), and CITY OF ANTIOCH, a California municipal corporation (“Buyer”); sometimes hereinafter individually referred to as a “Party” or collectively referred to as the “Parties”.
RECITALS
A. Seller is the owner of certain real property (the “Real Property”), located at 800 W. 2nd Street, in the City of Antioch, Contra Costa County, State of California , identified with Assessor’s Parcel Number 066-091-017, more particularly described in Exhibit A, attached hereto and by this reference incorporated herein, and certain improvements and other property as further described below.
B. Buyer desires to purchase the Property from Seller and Seller desires to sell the Property to Buyer on the terms and conditions in this Agreement.
NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which are acknowledged, the parties agree as follows:
ARTICLE 1. AGREEMENT OF SALE.
Subject to and on the terms and conditions of this Agreement, Seller shall sell to Buyer and Buyer shall purchase from Seller all of the following (collectively, the “Property”):
1.1 Land. The real property which is more particularly described in Exhibit A, together with (a) all privileges, rights, easements and appurtenances belonging to the real property, including without limitation all minerals, oil, gas and other hydrocarbon substances on and under the real property, (b) all development rights, air rights, water, water rights and water stock relating to the real property, and (c) all right, title and interest of Seller in and to any streets, alleys, passages, other easements and o ther rights-of-way or appurtenances included in, adjacent to or used in connection with such real property, before or after the vacation thereof (collectively, the “Land”);
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mprovements . Any and all structures, systems, facilities, fixtures, fences and parking areas located on the Land and any and all machinery, equipment, apparatus and appliances used in connection with the operation or occupancy of the Land (such as heating and air conditioning systems and facilities used to provide utility services, refrigeration, ventilation, garbage disposal or other amenities on the Land) and other improvements located upon the Land, including, but not limited to, a two-story standalone approximately 9,898 sq. ft. office building with an elevator, equipped with a natural gas back-up generator, a gated parking lot with 16 parking spaces, with related improvements and personal property and intangible property, located on the Real Property (collectively, the “Improvements”).
The Land and the Improvements shall collectively be referred to in this Agreement as the “Property”
2 1.3 Personal Property. All of Seller’s right, title and interest in and to any personal property located within or used in connection with the Property, including, without limitation, that described in the Personal Property Inventory attached hereto as Exhibit B, attached hereto and by this reference incorporated herein (collectively, the “Personal Property”).
1.4 S ervice Contracts . Those Service Contracts (defined in Section 5.7) which Buyer has expressly agreed to assume as further described in Section 5.7 herein this Agreement; and
1.5 O ther Assets . To the extent owned by Seller, all tangible and intangible assets of any nature relating to the Property or the Personal Property, including without limitation (a) all warranties upon the Improvements or Personal Property, to the full extent such warranties are assignable, (b) copies of all plans, specifications, engineering drawings and prints relating to the construction of the Improvements, (c) all license agreements, copyrights, logos, designs, trademarks, trade names, service marks and all goodwill associated with the Property, (d) all other intellectual or intangible property used by Seller in connection with the Property; and (e) all claims and causes of action arising out of or in connection with the Property.
ARTICLE 2. PURCHASE PRICE.
2.1 Amount. The purchase price (the “Purchase Price”) for the Property shall be One Million Eight Hundred Thirty Thousand Even Dollars and Zero Cents ($1,830,000.00).
2.2 D eposit/Purchase Price. Within ten ( 10) business days of opening escrow, Buyer shall deposit One Hundred Thousand Even Dollars and Zero Cents ($100,000.00) into Escrow (as defined below) with the Escrow Holder into an interest bearing account on behalf of Buyer (the “Deposit”). The deposit shall be refundable to Buyer in the event Buyer elects to terminate this Agreement during its forty-five (45) Due Diligence Period. In the event Buyer waives or releases its contingencies by the expiration of the Due Diligence Period, including any extension periods , the Deposit will become non-refundable and applicable towards the Purchase Price. If the Closing of the transaction contemplated by this transaction occurs, the Deposit shall be disbursed to Seller and applied to the Purchase Price at Closing. The failure of Buyer to make the Deposit within the time frame specified in this Section s hall be material breach of this Agreement and Seller may terminate the Agreement. Buyer shall pay the Purchase Price to Seller through escrow at the Closing described in Section 9.1. On or before the Closing Date (as defined below), Buyer shall deposit into Escrow the Purchase Price, subject to adjustment by reason of any applicable prorations, credits and the allocation of closing costs described below. The Deposit and Purchase Price shall be made by wire transfer of immediately available funds . Notwithstanding anything herein to the contrary, One Hundred Dollars ($100.00) of the Initial Deposit (the “Independent Consideration”) shall not be refundable to Buyer, but shall represent consideration for this Agreement and shall be paid to Seller. The Independent Consideration shall be paid to Seller within three ( 3) days of the Effective Date. The Independent Consideration shall serve as consideration for the granting of the time periods herein contained for Buyer to exercise Buyer’s right to satisfy and approve all of Buyer’s conditions herein contained. If the Deposit is refunded to Buyer for any reason pursuant to this Agreement, the Independent Consideration shall be subtracted from the Deposit pursuant to this Section.
ARTICLE 3. DUE DILIGENCE.
3.1 Due Diligence Period; Inspection and Access.
3.1.1 Due Diligence Period. The Buyer shall have forty -five (45) business days
3 to conduct its due diligence and review of all documents delivered to Buyer (t he “Due Diligence Period”) commencing the date on which Buyer has received all of the Due Diligence Documents (defined in Section 3.2) from Seller . Buyer may extend the Due Diligence Period by one period of thirty (30) business days at no additional cost by giving notice five (5) business days before the end of the original Due Diligence Period.
3.1.2 Access to Information and the Property. Buyer shall conduct its investigation of the Property during the Due Diligence Period at no cost to Seller. This investigation (“ Due Diligence Investigation ”) may include, at Buyer’s option: a physical inspection of the Land and all Improvements thereon, including soil, geological and other tests, engineering evaluations of the mechanical, electrical, HVAC and other systems in the Improvements and review of the Plans; review of all governmental matters affecting the Property, including zoning, environmental and building permit and occupancy matters; review and verification of all financial and other information previously provided by Seller relating to the operation of the Property; review of the condition of title to the Property, including the building, structural system and roof inspection; and review of such other matters pertaining to an investment in the Property as Buyer deems advisable. In addition to the Preliminary Documents delivered to Buyer pursuant to Section 3.2, Buyer and its representatives shall have the right of access during reasonable business hours to all files, books and records maintained by Seller or its agents (including, without limitation, all of the Additional Documents to be made availab le to Buyer at the Property pursuant to Section 3.3), wherever located, relating to the Property, including the right to copy the same. Buyer and its representatives shall also have the right of access to the Property during reasonable business hours to conduct its investigation of the physical condition of the Property. Seller agrees that the rights granted to Buyer herein and the results of its Due Diligence Investigation shall not relieve Seller of any obligations Seller may have under any other provisions of this Agreement, or under other documents entered into concurrently herewith, or implied by law, nor shall they constitute a waiver by Buyer of the right to enforce any of the same. Seller shall cooperate with Buyer in its due diligence activities and provide access to Buyer, its agents, engineers, analysts and representatives, at Buyer’s sole expense, to conduct the inspections of the Property, Seller’s records, or provide information to Buyer so long as it is within Seller’s control.
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hysical and Environmental Assessment. Buyer shall have the right to obtain additional reports without liability or expense to the Seller. Seller hereby grants to Buyer, its employees, agents, contractors and nominees, the right to enter onto the Property throughout the term of this Agreeme nt to conduct such tests, inspections and studies as Buyer may deem appropriate, including, but not limited to, any or all of the following: environmental site assessments (which may include a Phase II assessment) and further environmental investigations, geologic evaluations, plant and equipment inspections, inventory inspections and review and evaluation of Buyer's permits and reclamation obligations. Buyer shall not perform any boring or invasive testing without the prior approval of Seller. If Closing does not occur for any reason other than breach by Seller, Buyer shall provide to Seller a copy of any written material related to the investigations allowed under this paragraph. Buyer agrees to keep the Proper ty free and clear of any liens caused by any such entry by Buyer upon the Property, and to repair any damage caused by such tests, inspections and studies, except that Buyer shall not be responsible for any damage related to or resulting from the discovery or disturbance of any Hazardous Substances on the Property. Except for claims arising out of Seller's negligence, Buyer agrees to indemnify, protect, defend, and hold Seller free and harmless against any claims for personal injury or property
4 damage resulting from Buyer's accessing the Property and conducting tests, inspections and studies thereon and from any liens asserted against the Property as a consequence of such entry, or work, labor, and materials rendered by persons acting on behalf of Buyer, except that Buyer shall not be required to indemnify or hold Seller harmless from any claims related to or resulting from the discovery or disturbance of any Hazardous Substances on the Property.
3.2 Delivery of Preliminary Documents . Within five ( 5) business days after the Effective Date, Seller shall deliver to Buyer, at Seller’s expense, all of the documents described in the remaining subsections of this Section 3.2 (collectively, the “ Preliminary Documents ”) in Seller’s possession or control.
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itle Report and Survey. A preliminary title report or commitment for title insurance (the “ Preliminary Title Report ”), dated no earlier than ten ( 10) days before the Effective Date, covering the Property and issued by a title insurance company or companies acceptable to Buyer (the “Title Company”), together with a legible copy of each document, map and survey referred to in the Preliminary Title Report. Buyer, at Buyer’s sole cost, may obtain an as-built survey of the Property (the “Survey”) prepared by a certified land surveyor in accordance with the most recent American Land Title Association standards, certified by such surveyor to Buyer and the Title Company in a form acceptable to the Title Company for the purpose of deleting any survey exception from the Title Policy described in Section 4.1.3.
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lans . Copies of all as-built plans and specifications for the Improvements, including without limitation the plans and specifications for and a complete description of all existing renovations and improvements to the Property and all rentable space therein, and as-built drawings for all underground utilities (collectively, the “ Plans”), together with a certificate from an architect approved by Buyer certifying to Buyer that the Improvements were constructed and completed in accordance with the Plans;
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oils Report. Any soils report on the Land prepared at Seller’s request or in the possession or control of Seller, including (if available) a report on compliance with any soils work recommended to be done prior to construction of the Improvements;
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ngineers’ Reports. Any structural, mechanical, environmental or geological reports concerning the Property which have been prepared at Seller’s request or which are within Seller’s possession or control;
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perating Statements; Tax Bills . Copies of operating statements for the Property certified by Seller including an itemization of income and expenses and copies of all real property tax bills for the Property for such periods;
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icenses, Etc. Copies of any licenses, permits or certificates required by governmental authorities in connection with construction or occupancy of the Improvements, including, without limitation, building permits, certificates of completion, certificates of occupancy and environmental permits and licenses;
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nspection Reports . Copies of all written reports received by Seller within three (3) years prior to the Effective Date from Seller’s insurance companies, any governmental agency or any other person or entity, which requires or demands correction of any condition, or requests modification in or termination of any uses of the Property, accompanied by Seller’s summary of (a) any oral reports from such insurance companies or governmental agencies, and (b)
5 the present status of any matter noted in any oral or written report.
3.3 Additional Documents and Information. From the Effective Date through the Closing Date, Seller shall make available to Buyer at the Property in accordance with Section 3.1, the documents and information described in this Section 3.3 (collectively, the “ Additional Documents”):
3.3.1 A greements . Copies of written, and written descriptions of oral, easements, covenants, restrictions, agreements, contracts and other documents, whether existing or, to the knowledge of Seller, proposed as of the Effective Date, including without limitation any agreements relating to the insurance, service, operation, repair, supply, advertising, promotion, sale, leasing or management of the Property, which (a) affect the Property, (b) are not disclosed by the Preliminary Title Report, and (c) have not been delivered to Buyer pursuant to Section 3.2.
If no such documents exist, Seller shall furnish its certification to that effect;
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arranties/Roof Inspections/HVAC Inspections. Copies of any and all guarantees or warranties and other rights given to Seller in connection with the construction, maintenance, repair or remodeling of the Improvements, periodic inspections, or the purchase of any of the Personal Property. If no suc h documents exist, Seller shall furnish its certification to that effect;
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nsurance Policies. Copies of certificates evidencing the insurance carried by Seller of the Property;
3.3.4 O ther Documents. All data, correspondence, documents, agreements, waivers, notices, applications and other records with respect to the Property relating to transactions with taxing authorities, governmental agencies, utilities, vendors and others with whom Buyer may be dealing from and after the Closing Date;
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equested Information. Such other documents and information concerning the Property as Buyer may reasonably request; and
3.3.6 Seller Disclosures . Upon execution of the formal agreement between the parties, Seller shall deliver to Buyer true, accurate and complete copies of all written materials relating to any unrecorded and recorded encumbrances affecting the Property or the physical condition of the Property that are in the possession of, or are available to, Seller, including, but not limited to, all engineering reports, title policies; surveys; maps; soils reports; environmental inspections and reports; hazardous waste reports; environmental impact reports; correspondence, if any, with governmental agencies; permits, entitlements and land use approvals and rights; a written description of all reclamation obligations together with any and all documentation and agreements concerning such reclamation obligations; and any other agreements and documents which relate to the Property. If any additional documents, information or materials become available to Seller at any time prior to the close of Escrow, then Seller shall immediately deliver complete copies thereof to Buyer.
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pproval/Disapproval of Due Diligence Investigations. Buyer shall approve or disapprove the results of Buyer’s Due Diligence Investigation, in the exercise of Buyer’s sole discretion, by written notice delivered to Seller and Escrow Holder no later than the expiration of the Due Diligence Period or by the end of the extended Due Diligence Period if exercised by the Buyer. Buyer’s disapproval shall terminate this Agreement unless, at the time Buyer gives notice of its disapproval, Buyer also notifies Seller of Buyer’s desire to enter into negotiations with Seller
6 for the purpose of reaching an accommodation concerning the disapproval. If Buyer so notifies Seller and the parties have not reached a written agreement satisfactory to both of them regarding the disapproval within ten ( 10) days after the date of the disapproval notice, Buyer, at its option, may either (a) elect to terminate this Agreement by so notifying Seller and recover the Deposit, or (b) elect to proceed with the transactions contemplated by this Agreement notwithstanding its earlier disapproval. If Buyer fails to deliver to Seller notice of its approval or disapproval of the results of its Due Diligence Investigation, Buyer shall be deemed to have disapproved such results.
If Buyer elects to terminate the Agreement, Buyer shall return to Seller al l of the Preliminary Documents and Additional Documents previously delivered by Seller to Buyer within five ( 5) business days of such termination.
3.5 Title Review.
3.5.1 Monetary Liens. At Seller’s expense, Seller shall remove all liens on the Property at or prior to the Closing (collectively, “ Monetary Liens”): (i) all delinquent taxes, bonds and assessments and interest and penalties thereon (it being agreed that Seller shall not be required to remove any non- delinquent taxes and assessments imposed by any governmental agency that are paid with the property taxes for the Property); and (ii) all other monetary liens, including without limitation all those shown on the Preliminary Title Report (including judgment and mechanics’ liens, whether or not liquidated, and mortgages and deeds of trust, with Seller being fully responsible for any fees or penalties incurred in connection therewith).
3.5.2 A
pproval/Disapproval of Title Review. Buyer shall approve or disapprove of the Preliminary Title Report, the Survey and any exceptions to title shown thereon (other than the Monetary Liens) in the exercise of Buyer’s sole discretion, within the later of (i ) fifteen (15) business days after Buyer’s receipt of such Preliminary Title Report, together with copies of all documents referred to therein, or (ii) by the expiration of the Due Diligence Period, including any extension periods. If Buyer disapproves, Buyer may either (a) terminate this Agreement by giving Seller and Escrow Holder written notice of termination or (b) give Seller and Escrow Holder a written notice (“ Disapproval Notice”) identifying the disapproved title matters (“ Disapproved Title Matters”). With respect to any Disapproved Title Matters, other than the Monetary Liens, Seller shall notify Buyer in writing within ten (10) days after Seller’s receipt of the Disapproval Notice whether Seller will cause the Disapproved Title Matters to be removed or cured at or prior to Closing. If Seller elects not to remove or cure all Disapproved Title Matters, Buyer may, at its option: (i) subject to satisfaction of the other conditions to Closing, close the purchase of the Property and take title subject to the Disapproved Title Matters which Seller elects not to remove or cure; or (ii) terminate this Agreement in accordance with Section 9.6.1.
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uyer’s Options. If any Disapproved Title Matters (including the Monetary Liens) have not been removed at least five (5) days prior to Closing or provision for their removal at the Closing has not been made to Buyer’s satisfaction, Buyer may, at its option: (i) close the purchase of the Property and take title subject to the Disapproved Title Matters which have not been removed; (ii) close the purchase of the Property and cure or remove the Disapproved Title Matters which have not been removed. Buyer may credit the costs of such cure or removal against the Purchase Price by reducing the amount of cash payable by Buyer at the Closing, but only to the extent such costs are expended to remove (A) Monetary Liens referred to in Section 3.5.1 or (B) Disapproved Title Matters which Seller agreed to remove; or (iii) terminate this Agreement in accordance with Section 9.6.1.
7 3.5.4 Failure to Disapprove. If Buyer fails to notify Seller of its approval or disapproval of the Preliminary Title Report, the Survey or the exceptions shown thereon by the end of the Due Diligence Period, then Buyer shall be deemed to have disapproved the same.
ARTICLE 4. CONDITIONS PRECEDENT.
4.1 Buyer’s Conditions. Buyer’s obligations under this Agreement are expressly subject to and conditioned upon the satisfaction of the conditions set forth in this Section 4.1 on or before the Closing Date, or such earlier date as is set forth below. Each condition may be waived in whole or in part by Buyer by written notice to Seller.
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ue Diligence. Buyer having approved of the results of its Due Diligence Investigation pursuant to Section 3.4;
4.1.2 T itle Review . Buyer having approved of the results of its review of title pursuant to Section 3.5.
4.1.3 T itle Policy and Status of Title . Seller shall deliver to Buyer, (a) A title commitment proposing to insure Buyer as the owner of the Property in the amount of the purchase price, with copies of all exceptions or matters referenced on the title commitment (“Title Policy”); and (b) The existing "as-built" survey for the Property within ten (10) business days following the execution of this Agreement (including such coinsurance, reinsurance and endorsements as Buyer shall require), with liability equal to the Purchase Price showing fee title to the Property vested in Buyer and subject only to: (i) the matters and exceptions which were approved by Buyer pursuant to Section 3.5; and (ii) the standard printed exceptions in the form of title policy called for (collectively, “Conditions of Title”). Title to the Property shall be delivered free and clear of all liens, encumbrances, easements, leases, contracts, covenants and other matters except for those matters approved by Buyer as set forth in Section 3.5 above. At closing, Seller shall, at its expense, provide a standard ALTA policy of Title Insurance in the amount of the purchase price, issued by Escrow Holder's underwriter. Buyer has the right to conduct a survey, at Buyer’s expense, and obtain an extended ALTA policy, with the extended policy premium at Buyer’s expense.
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erformance of Disclosures, Deliveries and Covenants . Seller performing and complying in all material respects with all of the terms of this Agreement, including without limitation, providing all the disclosures, deliveries and covenants, to be performed and complied with by Seller prior to or at the Closing.
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epresentations and Warranties . The representations and warranties of Seller set forth in Article 5 being true and accurate on the Closing Date, as if made on such date.
4.1.6 No n -Foreign Certification. Seller having executed and delivered to Buyer on or prior to the Closing Date a certification (the “Non-Foreign Certification”), substantially in the form of Exhibit C, attached hereto and by this reference incorporated herein.
4.1.7 C alifornia Certification . Seller having furnished the residency certification required pursuant to Sections 18805 and 26131 of the California Revenue and Taxation Code (“Form 593”) or having authorized Escrow Holder in writing to withhold from the Purchase Price the amounts required to be withheld by such Sections.
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eller’s Conditions. Seller’s obligations under this Agreement are expressly subject to and conditioned upon the satisfaction of the conditions set forth in this Section 4.2 on or before the Closing Date, or such earlier date as is set forth below. Each condition may be waived
8 in whole or part by Seller by written notice to Buyer.
4.2.1 Covenants. Buyer performing and complying in all material respects with all of the terms of this Agreement to be performed and complied with by Buyer prior to or at the Closing.
4.2.2 R epresentations and Warranties . The representations of Buyer set forth in Article 6 being true and accurate on the Closing Date, as if made on such date.
ARTICLE 5. SELLER’S REPRESENTATIONS AND WARRANTIES.
Subject to Buyer’s opportunity to conduct its Due Diligence Investigation of the Property, Seller hereby makes the following representations and warranties to Buyer with the understanding that each such representation and warranty is material and is being relied upon by Buyer:
5.1 Defects. The Improvements and the Personal Property are in good condition and repair and are free of any latent or patent design, construction, physical or mechanical defects and there is no actual or threatened settlement, earth movement, termite infestation or damage affecting the Property.
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ompliance . The Property, and the operation thereof, are in compliance with all applicable laws, ordinances, rules, regulations, judgments, orders, covenants, conditions, restrictions, whether federal, state, local, foreign or private, and Seller has not received any notice of any violation of the same. Seller has not received any request either formal or informal, oral or written, that Seller modify or terminate any use of the Property. The zoning of the Property permits the current Improvements and use of the Property, and, there is no pending or to Seller’s knowledge, contemplated rezoning. The Property complies with all applicable subdivision laws and all local ordinances enacted thereunder and no subdivision or parcel map not already obtained is required to transfer the Property to Buyer.
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ocuments . All of the Preliminary Documents and the Additional Documents which have been delivered or made available to Buyer pursuant to Article 3, and all other documents delivered to Buyer by or on behalf of Seller (a) are true, correct and complete copies of what they purport to be, (b) represent truly the factual matters stated therein, (c) are in full force and effect, (d) have not been modified, except as set forth therein and (e) do not omit any information required to make the submission thereof accurate and complete in all material respects.
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axes and Condemnation. There are no presently pending or, contemplated special taxes or assessments which will affect the Property. There are no presently pending or, to Seller’s knowledge, contemplated proceedings to condemn or demolish the Property or any part of it.
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tilities . All water, sewer, gas, electric, telephone and drainage facilities, and all other utilities required by law or by the normal operation of the Property, are (a) installed to the property lines of the Property, (b) connected to the Property, (c) adequate to service the Property in its present use and to permit full compliance with all requirements of law and normal usage by the occupants of the Property and (d) in good working order and repair. All such utilities and storm and sanitary sewers req uired for the operation of the Property enter the Land through adjoining public streets or through adjoining private land in accordance with valid public or private easements that will inure to the benefit of Buyer.
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icenses . Seller has all required licenses, permits (including, without limitation,
9 all building permits and occupancy permits), easements and rights -of-way which are required in order to continue the present use of the Property. Seller has no knowledge of any law or regulation of any governmental authority having jurisdiction which might require the Property to be improved beyond its present state or which might restrict the use and enjoyment of the Property in the manner it is presently being used and enjoyed.
5.7 Contracts/Leases/Occupancy Rights . Schedule G1 to the General Assignment , attached as Exhibit E and by this reference incorporated herein, contains a description of all contracts entered into by Seller or its property manager or leasing agent relating to the management, maintenance, leasing or operation of the Property (“ Service Contracts”). Except for the Service Contracts, there are no agreements or other obligations to which Seller is party or, to Seller’s knowledge, by which it or the Property is bound which may affect the current use of the Property, nor are there any current leases, occupancy or operating agreements in force. No party has a right to occupancy, tenancy, or a license to use or enter the Property. Except as set forth in Section 5.7, Seller has fully performed all the obligations required to be performed by Seller under the Service Contracts, and to Seller’s knowledge, the other parties to the same are not in default thereunder. There are no collective bargaining agreements, other union contracts of any nature, pension plans or other benefit plans of any nature in existence to which Seller is a party and which affect the Property or the operation thereof.
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itigation . There are no actions, suits, proceedings, judgments, orders, decrees or governmental investigations pending or threatened against the Property or Seller which could affect the Property or the purchase, use or enjoyment thereof by Buyer.
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greements with Governmental Authorities . T here are no agreements with governmental authorities, agencies, utilities or quasi- governmental entities which affect the Property except those agreements which are identified in the Preliminary Title Report and those matters which are disclosed by the Survey.
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azardous Materials . Seller agrees to complete an environmental questionnaire for the Phase 1 report provider.
5.10.1 D efinitions . For purposes of this Agreement:
(a) “Environmental Law(s) ” means the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sections 9601, et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Sections 6901 et seq., the Toxic Substances Control Act, 15 U.S.C. Sections 2601 et . seq., the Hazardous Materials Transportation Act, 49 U.S.C. 1801 et seq., the Clean Water Act, 33 U.S.C. Sections 1251 et seq., [The Safe Drinking Water and Toxic Enforcement Act of 1986 (Cal. H&S Code Sections 25249.5- 25249.13), the Carpenter -Preseley-Tanner Hazardous Substance Account Act (Cal. H&S Code Sections 25300 et seq.), and the California Water Code Sections 1300, et seq.], as said laws have been supplemented or amended to date, the regulations promulgated pursuant to said laws and any other federal, state or local law, statute, rule, regulation or ordinance which regulates or proscribes the use, storage, disposal, presence, cleanup, transportation or Release or threatened Release into the environment of Hazardous Material.
(b) “Hazardous Material ” means any substance which is (i) designated, defined, classified or regulated as a hazardous substance, hazardous material, hazardous waste, pollutant or contaminant under any Environmental Law, as currently in effect or
10 as hereafter amended or enacted, (ii) a petroleum hydrocarbon, including crude oil or any fraction thereof and all petroleum products, (iii) PCBs, (iv) lead, (v) asbestos, (vi) flammable explosives, (vii) infectious materials or (viii) radioactive materials. (c) “Release” means any spilling, leaking, pumping, pouring, emitting, discharging, injecting, escaping, leaching, dumping or disposing into the environment of any Hazardous Material (including the abandonment or discarding of barrels, containers, and other receptacles containing any Hazardous Material).
5.10.2 Representations. Except as otherwise disclosed in Section 5.10.2:
(a) The Property and all existing uses and conditions of the Property are in compliance with all Environmental Laws, and Seller has not received any written notice of violation issued pursuant to any Environmental Law with respect to the Property or any use or condition thereof.
(b) Neither Seller nor any other present or former owner of the Property has used, handled, stored, transported, released or disposed of any Hazardous Material on, under or from the Property in violation of any Environmental Law. (c) There is no Release of any Hazardous Material existing on, beneath or from or in the surface or ground water associated with the Property. (d) All required permits, licenses and other authorizations required by or issued pursuant to any Environmental Law for the ownership or operation of the Property by Seller have been obtained and are presently maintained in full force and effect. (e) There exists no writ, injunction, decree, order or judgment outstanding, nor any lawsuit, claim, proceeding, citation, directive, summons or investigation pending or, to Seller’s knowledge, threatened pursuant to any Environmental Law relating to (i) the ownership, occupancy or use of any portion of the Property by Seller or occupant or user of any portion of the Property or any former owner of any portion of the Property, (ii) any alleged violation of any Environmental Law by Seller or occupant or user of any portion of the Property or any former owner of any portion of the Property or (iii) the suspected presence, Release or threatened Release of any Hazardous Material on, under, in or from any portion of the Property. (f) There are no above -ground or underground tanks located on the Property used or formerly used for the purpose of storing any Hazardous Material. (g) No asbestos abatement or remediation work has been performed on the Property.
(h) There is no PCB-containing equipment or PCB-containing material located on or in the Property.
5.11 Title to the Property. Seller has good and marketable title to the Property, subject to the Conditions of Title. There are no outstanding rights of first refusal or first look, options to purchase, rights of reverter, or claim of right relating to the transfer or sale of the Property or any interest therein. There are no unrecorded or undisclosed documents or other matters which affect title to the Property. No person holding a security interest in the Property or any part thereof has the right to consent or deny consent to the sale of the Property as contempl ated herein, and Seller has the right to pay off such person and to remove all such liens as of the Closing Date. Seller has
11 enjoyed the continuous and uninterrupted quiet possession, use and operation of the Property.
5.12 Seller’s Authority. Seller has the requisite power and authority to own and operate the Property and conduct its business where the same is now owned or operated. The execution, delivery and performance of this Agreement by Seller have been duly and validly authorized by all necessary action and proceedi ngs, and no further action or authorization is necessary on the part of Seller (or its board of directors or shareholders) in order to consummate the transactions contemplated herein. This Agreement and the other documents executed by Seller in connection herewith are legal, valid and binding obligations of Seller, enforceable in accordance with their respective terms. Neither the execution and delivery of this Agreement by Seller, nor performance of any of its obligations hereunder, nor consummation of the transactions contemplated hereby, shall conflict with, result in a breach of, or constitute a default under, the terms and conditions of the organizational documents pursuant to which Seller was organized, or any indenture, mortgage, deed of trust, agreement, undertaking, instrument or document to which Seller or any affiliate thereof is a party or is bound, or any order or regulation of any court, regulatory body, administrative agency or governmental body having jurisdiction over Seller.
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arking. Seller has received no written notice from any governmental agency that the parking spaces on the Property are in violation of law.
5.14 Z oning. Seller has received no written notice from any governmental agency that the Property is not in compliance with zoning requirements and laws.
5.15 F oreign Person. Seller is not a “foreign person” within the meaning of Section 1445(f) of the Internal Revenue Code.
5.16 N o Employees. There are no on- site employees of Seller at the Property except ______________. On or before Closing, Seller shall terminate any employees at the Property and any residence or occupancy thereof and] Buyer shall have no obligation to employ [or continue to employ any individual employed by Seller or its affiliates in connection with the Property.
5.17 I
nspections . Information provided pursuant to this Section 5.17 that accurately describes (a) all inspections of the Property by any governmental agency or insurance company occurring within three (3) years prior to the Effective Date, (b) all matters which were noted by such governmental agency or insurance company as requiring correction, requesting or recommending modifications or termination of uses of the Property and (c) the present status of each such noted matter.
5.18 M
isstatements and Omissions . Neither the representations and warranties made by Seller in this Article 5 nor elsewhere in this Agreement contain any untrue statement or any omission of a material fact. Seller has no documents in its possession, nor has any knowledge, that omits material facts related to the property or which would contradict or negate any of its representations contained in this Agreement.
ARTICLE 6. BUYER’S REPRESENTATIONS AND WARRANTIES.
Buyer makes the following representation and warranties to Seller with the understanding that each such representation and warranty is material and is being relied upon by Seller:
6.1 Buyer’s Authority. The execution, delivery and performance of this Agreement by Buyer have been duly and validly authorized by all necessary action and proceedings , and no
12 further action or authorization is necessary on the part of Buyer in order to consummate the transactions contemplated herein.
6.2 No Conflict. Neither the execution nor delivery of this Agreement by Buyer, nor performance of any of its obligations hereunder, nor consummation of the transactions contemplated hereby, shall conflict with, result in a breach of, or constitute a default under, the terms and conditions of the organizational documents pursuant to which Buyer was organized, or any agreement to which Buyer is a party or is bound, or any order or regulation of any court, regulatory body, administrative agency or governmental body having jurisdiction over Buyer.
ARTICLE 7. SURVIVAL OF REPRESENTATIONS AND WARRANTIES AND INDEMNIFICATION.
7.1 Survival of Warranties . Buyer and Seller agree that each representation and warranty, covenant by the respective parties contained herein or made in writing pursuant to this Agreement are intended to and shall be deemed made as of the date of this Agreement or such writing and again at the Closing, shall be deemed to be material, and unless expressly provided to the contrary shall survive the execution and delivery of this Agreement, the Deed and the Closing.
7.2 N otice of Changed Circumstances. If either party becomes aware of any fact or circumstances which would render false or misleading a representation or warranty made by such party, then it shall immediately give notice of such fact or circumstance to the other party, but such notice shall not relieve any party of any liabilities or obligations with respect to any representation or warranty.
7.3 I
ndemnification by Seller. Seller’s obligation s pursuant to this Section 7.3 shall survive the Closing. Seller at its sole cost and expense hereby agrees to indemnify, defend (with counsel acceptable to Buyer), protect and hold harmless Buyer, from and against any and all claims, demands, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action and compliance requirements, enforcement and clean-up actions of any kind, and all costs and expenses incurred in connection therewith, including, without limitation, actual attorneys’ fees and costs of defense and costs and expenses of all experts and consultants (collectively, the “Losses), arising directly or indirectly, in whole or in part, out of any one or more of the following:
7.3.1 the breach or alleged breach of any covenant of Seller contained in this Agreement or the inaccuracy or alleged inaccuracy of any representation or warranty of Seller contained in this Agreement;
7.3.2 Seller’s ownership of the Property or the operation of the Property prior to the Closing Date; or
7.3.3 the presence on, in or under the Property of any Hazardous Material on or before the Closing Date, any Release of any Hazardous Material, on, under or from the Property prior to the Closing Date or the use, generation, manufacturing, production, handling, s torage, transport, discharge or disposal of any such Hazardous Materials on or before the Closing Date, from, under or about the Property, irrespective of whether any of such activities were or will be undertaken in accordance with Environmental Law or other applicable laws, regulations, codes and ordinances. The indemnity contained in this paragraph 7.3.3 shall further apply, without limitation, to: (i) all residual contamination and contamination affecting any natural resources; (ii) all consequential damages; (iii) the costs of any required remediation or removal work on the
13 Property, including, without limitation: (A) costs of remediation or removal incurred by the United States Government or the State or any other person; and (B) fines or penalties which arise from the provisions of any statute, state or federal; and (iv) liability for personal injury or property damage arising under any statutory or common- law tort theory, including damages assessed for the maintenance of a public or private nuisance, response costs or for the carrying on of an abnormally dangerous activity; or
7.3.4 from the provisions of any statute, state or federal; and liability for personal injury or property damage arising under any statutory or common- law tort theory, including damages assessed for the maintenance of a public or private nuisance, response costs or for the carrying on of an abnormally dangerous activity.
ARTICLE 8. SELLER’S PRECLOSING COVENANTS.
Seller shall comply with the covenants contained in this Article 8 from the Effective Date through the Closing Date unless Buyer consents otherwise in writing. Buyer may grant or withhold any such consent requested by Seller in Buyer’s sole discretion.
8.1 Contracts and Documents. Seller shall not, without Buyer’s approval, not to be unreasonably withheld or delayed, (a) amend or waive any right under any Service Contract, Preliminary Document or Additional Document, or (b) enter into any material agreement of any type affecting the Property that would survive the Closing Date.
8.2 I
nsurance . Seller shall maintain or cause to be maintained in full force and effect its present insurance policies for the Property.
8.3 C ompliance with Obligations. Seller shall fully and timely comply with all obligations to be performed by it under the Service Contracts, the other Preliminary Documents, the Conditions of Title and all permits, licenses, approvals and laws, regulations and orders applicable to the Property.
8.4 N
o Transfers . Seller shall not sell, encumber or otherwise transfer any interest in all or any portion of the Property, or agree to do so.
8.5 T ermination of Contracts . Seller at its sole cost and expense shall terminate all of the Service Contracts described in Section 5.7 at or before the Closing Date, except for those contracts which Buyer expressly agrees to assume and which are actually assumed by Buyer pursuant to Section 9.3.3.
8.6 M
aintenance. At its sole cost and expense, Seller shall operate and maintain the Property such that on the Closing Date the Property shall be in at least as good a condition and repair as on the Effective Date, reasonable wear and tear excepted. Without limiting the generality of the foregoing, Seller shall, at a minimum, spend such amounts for repair and maintenance as are consistent with its prior practice. Seller shall promptly advise Buyer of any significant repair or improvement required to keep the Property in such condition. Seller shall not make any material alterations to the Property, or remove any of the Personal Property therefrom, without Buyer’s prior consent, unless such Personal Property so removed is simultaneously replaced with new Personal Property of similar quality and utility.
8.7 Del
iveries . Unless a time to deliver to Buyer is otherwise provided, before or a t closing, Seller, at Seller's expense, shall deliver to Buyer the items described in the Agreement and all other items that are reasonably requested by Buyer to transfer all right, title and interest of Seller
14 in the Property to Buyer, and to give Buyer assurances regarding environmental, operational and other information with respect to the prior history and use of the Property.
8.8 Best Efforts. Seller shall use its best efforts to cause the conditions set forth in Section 4.1 to be satisfied by the Closing Date, and Seller shall not take or permit any action that would result in any of the representations and warranties set forth in Article 5 becoming false or incorrect.
ARTICLE 9. CLOSING.
9.1 Time. T he Parties shall close this transaction (the “Closing ”) within thirty (30) days after the conditions precedent to closing set forth in Article 4 have been either satisfied or waived (the “Closing Date”), as such date may be extended by the provisions of Article 10.
9.2 E
scrow . This Article 9, together with such additional instructions as _____________ Title Company, Attention: , , California , (“Escrow Holder”), shall reasonably request and the Parties shall agree to, shall constitute the escrow instructions to Escrow Holder. If there is any inconsistency between this Agreement and the Escrow Holder’s additional escrow instructions, this Agreement shall control unless the intent to amend this Agreement is clearly stated in said additional instructions. Buyer and Seller shall cause Escrow Holder to execute and deliver a counterpart of this Agreement to each of them. If the Title Company does not serve as the Escrow Holder, the Title Company shall provide a letter to Buyer, in form and content acceptable to Buyer, pursuant to which the Title Company accepts responsibility and liability for the acts and omissions of Escrow Holder in discharging Escrow Holder’s obligations hereunder, including, without limitation, any acts or omissions of Escrow Holder relating to the Title Company’s commitment to issue the Title Policy, the receipt, recordation or delivery of any documents placed into escrow, and the receipt and disbursement of any funds placed into escrow.
9.3 S
eller’s Deposit of Documents and Funds Into Escrow . Seller shall deposit into escrow on or before Closing the following documents:
9.3.1 A duly executed and acknowledged grant deed, in the form acceptable to Buyer, conveying the Property to Buyer (“ Grant Deed ”) in the form attached as Exhibit F , attached hereto and by this reference incorporated herein;
9.3.2 A duly executed bill of sale, in the form of Exhibit D , attached hereto and by this reference incorporated herein, conveying the Personal Property to Buyer free and clear of liens, encumbrances and restrictions (“Bill of Sale”);
9.3.3 A duly executed assignment, in the form of Exhibit E , assigning to Buyer all of Seller’s interest (a) in the Plans, (b) in all warranties of which Seller is the beneficiary with respect to the Property, (c) in all intangible assets of the Property, and (d) in the Service Contracts which Buyer has elected to assume (the “General Assignment”);
9.3.4 The originals (or copies if originals are unavailable) of the Service Contracts Buyer has elected to assume, if any, and estoppel certificates from the other parties to such Service Contracts in form and substance satisfactory to Buyer;
9.3.5 The following costs of Closing: one-half of city transfer taxes (if any), sales tax and any other costs of Closing customarily paid by sellers of real property, plus or minus prorations as provided in Section 9.8; provided that, subject to Section 9.6, Buyer and Seller shall
15 bear their own attorneys’ fees and costs in connection with the negotiation and preparation of this Agreement and the transactions completed by this Agreement;
9.3.6 At closing, Seller shall , at its expense, provide or cause to be provided a standard ALTA policy of Title Insurance in the amount of the purchase price, issued by Escrow Holder's underwriter, to Buyer.
9.3.7 Seller’s Non-foreign Certification;
9.3.8 All records and files relating to the management or operation of the Property, including, without limitation, property tax bills, insurance, and property taxes; and
9.3.9 Such additional documents, including written escrow instructions consistent with this Agreement, as may be necessary or desirable for conveyance of the Property in accordance with this Agreement.
9.3.10 Assignment and Assumption of Leases, if any;
9.3.11 Form 593;
9.3.12 Notice letter to tenants regarding new owner and addresses for payment of rent payment (“Tenant Notice Letter”).
9.4 Deliveries Outside of Escrow. Notwithstanding Section 9.3, Seller and Buyer may elect to deliver the documents described in Section 9.3 outside of escrow (other than documents which are to be recorded) by giving Escrow Holder a joint written notice of such election, specifying the documents which will be so delivered outside of escrow. Upon receipt of such notice, Escrow Holder shall have no further obligation concerning such specified documents.
9.5 B
uyer’s Deposit of Documents and Funds. Buyer shall deposit into escrow:
9.5.1 The Purchase Price in accordance with the provisions of Article 2, plus or minus prorations as provided in Section 9.8, by electronic transfer of funds to Escrow Holder, on or before the Closing Date; and
9.5.2 The following costs of Closing: the extended increment of the premium for the ALTA Title Policy, one-half of city transfer tax, recording fees (if any), documentary transfer taxes (if any) and fees, sales tax and any other costs of Closing customarily paid by buyers of real property, plus or minus prorations as provided in Section 9.8; provided that, subject to Section 9.6, Buyer and Seller shall bear their own attorneys’ fees and costs in connection with the negotiation and preparation of this Agreement and the transactions completed by this Agreement
9.5.3 Such additional documents, including written escrow instructions consistent with this Agreement, as may be necessary or desirable for conveyance of the Property in accordance with this Agreement.
9.6 Default, Termination and Remedies.
9.6.1 Buyer’s Termination. This Agreement shall automatically terminate without further notice or action by Buyer upon the occurrence of any of the following events, provided that Buyer is not then in material breach of this Agreement: (a) any condition to Closing contained in Section 4.1 has not been satisfied or waived by Buyer by the Closing Date; or (b) Buyer having exercised its right to terminate this Agreement pursuant to Section 3.4 (disapproval of Due Diligence Investigation), Section 3.5 (disapproval of title) or Article 10 (damage or
16 condemnation). In such event, the Parties shall have no further obligation to each other except for those obligations that specifically survive the termination of this Agreement. If this Agreement terminates as a result of Seller’s material breach of this Agreement, Buyer shall have all remedies it may have hereunder or at law as a result of such occurrence, including the remedy of specific performance.
9.6.2 Seller’s Termination. Provided that Seller is not then in material breach of this Agreement, this Agreement shall automatically terminate without further notice or action by Seller if any condition to Closing contained in Section 4.2 has not been satisfied or waived by Seller by the Closing Date.
9.6.3 R
elease from Escrow . Upon termination of this Agreement pursuant to Section 9.6.1 or 9.6.2, Escrow Holder shall promptly return to Buyer and Seller, respectively, all documents and monies deposited by them into escrow without prejudice to their rights and remedies hereunder.
9.6.4 R
emedies .
(a) Buyer’s Remedies. If Seller breaches this Agreement, Buyer shall be entitled to pursue all remedies permitted herein and by law, including the remedy of specific performance. No termination of the escrow by Buyer following a breach by Seller shall be deemed to waive such breach or any remedy otherwise available to Buyer. (b) S
eller’s Remedies/Liquidated Damages . IF BEFORE THE CLOSE OF ESCROW BUYER FAILS TO COMPLY WITH OR PERFORM BUYER’S OBLIGATIONS
UNDER THIS AGREEMENT AND (EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH 9.6) DOES NOT CURE SUCH FAILURE WITHIN TEN (10) BUSINESS DAYS AFTER SELLER’S WRITTEN NOTICE OF SUCH FAILURE, THEN SELLER MAY THEREAFTER: (I) TERMINATE THIS AGREEMENT; AND (II) RECEIVE AND RETAIN
THE DEPOSIT AS LIQUIDATED DAMAGES IF SUCH DEFAULT OCCURS AFTER BUYER’S APPROVAL PERIOD AS ITS SOLE REMEDY FOR SUCH DEFAUL T. IN THE EVENT SELLER TERMINATES THIS AGREEMENT BY REASON OF BUYER’S
DEFAULT, BUYER AND SELLER SHALL BE RELIEVED OF ANY FURTHER
OBLIGATION TO EACH OTHER WITH RESPECT TO THIS AGREEMENT AND THE PROPERTY EXCEPT FOR ANY OBLIGATIONS WHICH EXPRESSLY SURVIVE. I T IS EXPRESSLY UNDERSTOOD AND AGREED BY BUYER AND SELLER: THAT SELLER
WILL INCUR SUBSTANTIAL DAMAGES AS A RESULT OF ANY FAILURE BY BUYER TO COMPLY WITH OR PERFORM BUYER’S OBLIGATIONS UNDER THIS AGREEMENT;
THAT IT IS EXTREMELY DIFFICULT AND IMPRACTICAL TO CALCULATE AND
ASCERTAIN AS OF THE EFFECTIVE DATE OF THIS AGREEMENT THE ACTUAL DAMAGES WHICH WOULD BE SUFFERED IN SUCH EVENT BY SELLER; AND THAT
THE DEPOSIT IS A REASONABLE ESTIMATE OF THE EXTENT TO WHICH SELLER MAY BE DAMAGED BY BUYER’S DEFAULT IN LIGHT O F THE DIFFICULTY THE PARTIES WOULD HAVE IN DETERMINING SELLER’S ACTUAL DAMAGES AS A RESULT OF SUCH DEFAULT BY BUYER.
_________________ _________________
SELLER’S INITIALS BUYER’S INITIALS
(c) Waiver of Specific Performance. SELLER HEREBY WAIVES
17 THE RIGHT TO MAINTAIN AN ACTION FOR SPECIFIC PERFORMANCE OF BUYER’S
OBLIGATION TO PURCHASE THE PROPERTY AND SELLER AGREES THAT SELLER
CAN BE ADEQUATELY COMPENSATED IN MONEY DAMAGES IF BUYER FAILS TO PURCHASE THE PROPERTY IN BREACH OF THIS AGREEMENT. SELLER
ACKNOWLEDGES THAT THE PROVISIONS OF THIS PARAGRAPH ARE A MATERIAL
PART OF THE CONSIDERATION BEING GIVEN TO BUYER FOR ENTERING INTO THIS
AGREEMENT AND THAT BUYER WOULD BE UNWILLING TO ENTER INTO THIS AGREEMENT IN THE ABSENCE OF THE PROVISIONS OF THIS PARAGRAPH. _________________ _________________
SELLER’S INITIALS BUYER’S INITIALS
9.7 Closing. When Escrow Holder has received all documents and funds identified in Sections 9.3 and 9.5, has received notification from Buyer and Seller that all conditions to Closing to be satisfied outside of escrow have been satisfied or waived and Title Company is irrevocably committed to issue the Title Policy, then, and only then, Escrow Holder shall:
9.7.1 Record the Grant Deed;
9.7.2 Cause the Title Company to issue the Title Policy to Buyer;
9.7.3 To the extent not otherwise delivered to Buyer outside of escrow, deliver to Buyer: (a) a conformed copy (showing all recording information thereon) of the Grant Deed; (b) fully executed original counterparts of the Bill of Sale, the General Assignment; and (c) the Seller’s Certificate, the Service Contracts referred to in Section 9.3.3, the Non-foreign Certification;
9.7.4 Deliver the Purchase Price (as adjusted pursuant to Section 9.8) to Seller;
9.7.5 Deliver or mail Tenant Notice Letter to tenants for each Lease.
Escrow Holder shall prepare and sign closing statements showing all receipts and disbursements and deliver copies to Buyer and Seller and, if applicable, shall file with the Internal Revenue Service (with copies to Buyer and Seller) the reporting statement required under Section 6045(e) of the Internal Revenue Code.
9.8 Prorations. Subject to the other provisions of this Section 9.8, all receipts and disbursements of the Property will be prorated as of 11:59 p.m. on the day immediately preceding the Closing Date. Not less than five business days prior to the Closing, Seller shall submit to Buyer for its approval a tentative prorations schedule showing the categories and amounts of all prorations proposed, including all rents and operating expenses. Security deposits shall be credited to Buyer from Seller proceeds. The Parties shall agree on a final prorations schedule prior to the Closing and shall deliver the same to Escrow Holder. If following the Closing either party discovers an error in the prorations statement, it shall notify the other party and the Parties shall promptly make any adjustment required. The Parties agree that any trailing bills that pertain to the Property operations before the Closing Date, which are not available as of Closing, may be presented to Buyer for proration and reimbursement up to forty five (45) days after Closing. Failure to provide any bills by such date shall be a waiver by Seller of such reimbursement and Buyer shall have no further obligation for any such bills and Property expenses. This Section 9.8 shall survive closing.
_________ SELLER INITIALS
18 9.8.1 Capital Expenditures and Accounts Payable. All capital and other improvements (including labor and material) which have been performed or contracted for, by or on behalf of Seller prior to the Closing Date, and all sums due for accounts payable which have been incurred with respect to the Property prior to the Closing Date shall be paid by Seller and shall be subject to the indemnification provisions of Section 7.3. Buyer shall furnish to Seller for payment any bills for such period received after the Closing Date, and Buyer shall have no further obligation with respect thereto.
9.8.2 P
roperty Taxes . General real estate taxes, water or sewer rates and charges (if not metered), personal property taxes, or any other governmental tax or charge levied or assessed against the Property (collectively, the “Taxes ”), relating to the Property and payable during the year in which Closing occurs shall not be prorated between Seller and Buyer in Escrow.
Upon recordation of the Grant Deed, Buyer will request cancellation of the real property taxes for the Property pursuant to California Revenue and Taxation Code Section 4986. If current taxes have not yet been paid as of the Closing Date, then at Closing Seller shall pay through Escrow or out of Seller’s proceeds, the full amount of the installment applicable for the period in which Closing occurs. Seller shall be entitled to a refund of any excess payment made to the taxing authority on account of the Property, including any taxes paid by Seller and applicable to any period from and after the Closing Date. The taxing authority will notify Seller of any refund due Seller resulting from the subject acquisition after a review and any subsequent proration of the property tax assessment by the county assessor. Seller retains the right, following close of escrow, to apply to the appropriate governmental authority/ies for refund of real property taxes pursuant to Revenue and Taxation Code Section 5096.7 (or such other applicable law), and Buyer shall reasonably cooperate with Seller’s efforts to obtain said refund.
9.8.3 U tility Charges . All utility charges shall be prorated as of the Closing Date and Seller shall obtain a final billing therefor. All utility security deposits, if any, shall be retained by Seller.
9.9 P
ossession . Seller shall deliver exclusive right of possession of the Property to Buyer on the Closing Date, subject only to the Conditions of Title.
ARTICLE 10. DAMAGE, DESTRUCTION AND CONDEMNATION.
This Agreement shall be governed by the Uniform Vendor and Purchaser Risk Act as set forth in Section 1662 of the California Civil Code as supplemented and modified by this Article 10. Seller shall promptly notify Buyer in writing of any material damage to the Property and of any taking or threatened taking of all or any portion of the Property. Within a reasonable period of time after receipt of such notice, Buyer shall determine whether a material part of the Property has been damaged or whether such taking or threatened taking has affected or will affect a material part of the Property. As used herein, (a) the destruction of a “ material part” of the Property shall be deemed to mean an insured or uninsured casualty to the Property having an estimated cost of repair which in the reasonable judgment of Buyer equals or exceeds 25% of the value of the Improvements; and (b) a taking by eminent domain of a portion of the Property shall be deemed to affect a “material part” of the Property if in the reasonable judgment of Buyer the estimated value of the portion of the Property taken exceeds 25% of the value of the Improvements.
Upon making its determination, Buyer shall notify Seller in writing of the results of such determination. Buyer may elect, by written notice delivered to Seller within 30 days after giving Seller notice of such determination, to terminate this Agreement in accordance with Section 9.6.1
19 if a material part of the Property has been damaged or if such taking has affected or will affect a material part of the Property. If Buyer does not so terminate, (i) in the case of damage to a material part of the Property, Seller shall assign to Buyer at the Closing its right to recover under any insurance policies covering such damage and shall pay Buyer at the Closing the amount of the deductible, if any, and (ii) in the case of a threatened or actual taking of a material part of the Property, Seller shall assign to Buyer at the Closing Seller’s entire right, title and interest in the proceeds thereof. If between the Effective Date and the Closing Date the Property suffers damage which is not material, Seller shall repair such damage at its expense pri or to the Closing, and the Closing Date shall be extended for a reasonable period of time not to exceed 30 days to allow for completion of such repairs. The Closing Date shall be extended as necessary to permit Buyer to exercise its rights under this Article 10.
ARTICLE 11. GENERAL.
11.1 Notices. All notices, demands, approvals, and other communications provided for in this Agreement shall be in writing and shall be effective (a) when personally delivered to the recipient at the recipient’s address set forth below; (b) five business days after deposit in a sealed envelope in the United States mail, postage prepaid, by registered or certified mail, return receipt requested, addressed to the recipient as set forth below; or (c) one business day after deposit with a recognized overnight courier or delivery service, addressed to the recipient as set forth below, whichever is earlier. If the date on which any notice to be given hereunder falls on a Saturday, Sunday or legal holiday, then such date shall automatically be extended to the next business day immediately following such Saturday, Sunday or legal holiday. Email notices may be used for convenience only, unless otherwise agreed by the Parties in writing, and shall be deemed delivered one (1) business day after delivery if sent after 5 pm, or received the same day if sent on a business day between 8 am and 5 pm, and a duplicate shall be sent via USPS on the same day as the email.
The addresses for notice are:
SELLER: SKEJUL, LLC
Attn
Phone:
Email:
With a copy to: .
Attn
Phone:
Email:
BUYER: CITY OF ANTIOCH
Attn: City Manager
200 H Street
Antioch, CA 94509
Phone: (925) 779-7011
20 Email:
With a copy to: CITY OF ANTIOCH
Attn: City Attorney
P.O. Box 5007
Antioch, CA 94531-5007
Phone: (925) 779-7015
Email:
Either party may change its address by written notice to the other given in the manner set forth above.
11.2 Entire Agreement. This Agreement and the Schedules and Exhibits hereto contain the entire agreement and understanding between Buyer and Seller concerning the subject matter of this Agreement and supersede all prior agreements, including any previous letter of intent or terms, understandings, conditions, representations and warranties, whether written or oral , made by Buyer or Seller concerning the Property or the other matters which are the subject of this Agreement.
11.3 A
mendments and Waivers . No addition to or modification of this Agreement shall be effective unless set forth in writing and signed by the party against whom the addition or modification is sought to be enforced. The party benefited by any condition or obligation may waive the same, but such waiver shall not be enforceable by another party unless made in writing and signed by the waiving party.
11.4 I
nvalidity of Provision. If any provision of this Agreement as applied to either party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole.
11.5 R
eferences . Unless otherwise indicated, (a) all Article, Section, Schedule and Exhibit references are to the articles, sections, schedules and exhibits of this Agreement, and (b) all references to days are to calendar days. All the Schedules and Exhibits attached hereto are incorporated herein by this reference. Whenever under the terms of this Agreement the time for performance of a covenant or condition falls upon a Saturday, Sunday or California state holiday, such time for performance shall be extend ed to the next business day. The headings used in this Agreement are provided for convenience only and this Agreement shall be interpreted without reference to any headings. The masculine, feminine or neuter gender and the singular or plural number shall be deemed to include the others whenever the context so indicates or requires.
11.6 G
overning Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California applicable to contracts made and to be performed in California.
21 11.7 Confidentiality and Publicity. Buyer is a public entity and as such, this Agreement, upon its presentation for approval at Buyer’s City Council at a duly called and agendized public meeting, shall be subject to the Public Records Act and the Freedom of Information Act. No press release or other public disclosure may be made by Seller or any of its agents regarding Buyer’s intent for this Property this transaction without the prior consent of Buyer.
11.8 T
ime . Time is of the essence in the performance of the Parties ’ respective obligations under this Agreement.
11.9 A ttorneys’ Fees . In the event of any legal or equitable proceeding to enforce any of the terms or conditions of this Agreement, or any alleged disputes, breaches, defaults or misrepresentations in connection with any provision of this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable costs and expenses, including, without limitation, reasonable attorneys’ fees and costs of defense paid or incurred in good faith.
11.10 A
ssignment. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. However, Seller shall not have the right to assign all or any portion of its interest in this Agreement without Buyer’s prior written consent.
Buyer shall have the right to assign all or any portion of its interest in this Agreement, or substitute for itself a nominee, upon notice to Seller not later than three days prior to the Closing Date.
11.11 F
urther Assurances . Seller, at any time before or after Closing, shall, at its own expense, execute, acknowledge and deliver any further deeds, assignments, conveyances and other assurances, documents and instruments of transfer reasonably requested by Buyer and shall take any other action consistent with the terms of this Agreement that may reasonably be requested by Buyer for the purpose of transferring and confirming to Buyer, or reducing to Buyer’s possession, any or all of the Property or otherwise carrying out the terms of this Agreement.
11.12 C
ooperation With Exchange. Buyer agrees to cooperate with the other if Seller intends to accomplish a tax- deferred exchange pursuant to Section 1031 of the Internal Revenue Code of 1986. Buyer and/or Seller may assign this Agreement to an exchange intermediary for the purpose of facilitating such an exchange by the assigning party. Buyer’s duty to cooperate shall be limited to the transfer of money to Seller or Seller’s designee in exchange for the Property, and in no event shall Buyer act as purchaser or acquirer of any exchange property. Seller shall indemnify and defend and hold Buyer harmless from any claims, loss, damages or liability arising out of participation in an exchange.
11.13 N
o Third Party Beneficiaries . Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any person other than the Parties to it and their respective permitted successors and assigns, nor is anything in this Agreement intended to relieve or discharge any obligation of any third person to any party hereto or give any third person any right of subrogation or action over against any party to this Agreement.
11.14 R
emedies Cumulative . The remedies set forth in this Agreement are cumulative and not exclusive to any other legal or equitable remedy available to a party.
11.15 C ommissions, Indemnity, Disclosure . Under separate agreement, Seller shall pay
22 _ _[name]_ _ (Broker) for its services as broker for Seller in this transaction. Each party represents to the other party that there is no other broker representing such party in the current transaction, and that the representing party has incurred no liability for any brokerage commission or finder’s fee arising from or relating to the transactions contemplated by this Agreement. Seller shall be responsible for any broker commission associated with this purchase. Seller hereby indemnifies and agrees to p rotect, defend and hold harmless the Buyer from and against all liability, cost, damage or expense (including without limitation attorneys’ fees and costs incurred in connection therewith) on account of any brokerage commission or finder’s fee which the indemnifying party has agreed to pay or which is claimed to be due as a result of the actions of the indemnifying party.
This Section 11.15 is intended to be solely for the benefit of the Parties hereto and is not intended to benefit, nor may it be relied upon by, any person or entity not a party to this Agreement.
11.16 C
ounterparts/Facsimile/PDF Signatures . This Agreement may be executed in counterparts and when so executed by the Parties, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument that shall be binding upon the Parties, notwithstanding that the Parties may not be signatories to the same counterpart or counterparts. The Parties may integrate their respective counterparts by attaching the signature pages of each separate counterpart to a single counterpart. In order to expedite the transaction contemplated herein, facsimile or .pdf signatures may be used in place of original signatures on this Agreement. Seller and Buyer intend to be bound by the signatures on the facsimile or .pdf document, are aware that the other party will rely on the facsimile or .pdf signatures, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of signature.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
BUYER:
CITY OF ANTIOCH, a California municipal corporation
By
Acting City Manager
ATTEST:
By:________________________
City Clerk
APPROVED AS TO FORM:
By:_________________________
City Attorney
SELLER:
23 SKEJUL, LLC, a California limited liability company
By
Its
APPROVED AS TO FORM:
LAW OFFICES OF
By:
, Attorney for Seller
Acceptance by Escrow Holder
Escrow Holder acknowledges receipt of the foregoing Agreement and accepts the instructions contained therein.
Dated: ______________, 20___
By:
Name:
Title:
Exhibit “A”
EXHIBIT A
LAND DESCRIPTION
Exhibit “B”
EXHIBIT B
PERSONAL PROPERTY INVENTORY
(If no personal property, note “NONE”)
Exhibit “C”
EXHIBIT C
TRANSFEROR’S CERTIFICATION OF NON-FOREIGN STATUS
Section 1445 of the Internal Revenue Code of 1986, as amended (the “Code”), provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform the CITY OF ANTIOCH, a California municipal corporation (the “Transferee”), that withholding of tax under Section 1445 of the Code will not be required upon the transfer of a U.S. real property interest to the Transferee by SKEJUL, LLC (the “Transferor”), the undersigned hereby certifies the following on behalf of the Transferor:
1. The Transferor is not a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the Code and the Income Tax Regulations promulgated thereunder);
2. The Transferor’s U.S. employer identification number is _______________; and
3. The Transferor’s office address is ______________________________________.
The Transferor understands that this Certificate may be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both.
Under penalty of perjury I declare that I have examined this Certification and, to the best of my knowledge and belief, it is true, correct and complete, and I further declare that I have authority to sign this document on behalf of the Transferor.
DATED: ________________, 20___.
SKEJUL, LLC, a California corporation
By: ______________________________________
Name:____________________________________
Title:
Exhibit “D”
EXHIBIT D
BILL OF SALE
This Bill of Sale (the “Bill of Sale”) is made as of _______________, 20___, by SKEJUL, LLC, a California limited liability company (“Transferor”).
FOR VALUABLE CONSIDERATION, as set forth in that certain Purchase and Sale Agreement dated ________________, 20___ (the “Agreement”), Transferor hereby sells, transfers, assigns and delivers to the CITY OF ANTIOCH, a California municipal corporation (“Transferee”), any and all personal property (the “Personal Property”) located within or used in connection with that certain improved real property commonly known as , CA (the “Real Property”). The Personal Property shall include, without limitation, the items described in the Personal Property Inventory attached hereto as Schedule BOS-1.
1. Transferor hereby assigns all warranties, guarantees and indemnities, whether those warranties are express or implied, and all similar rights which Transferor may have against any other manufacturer or supplier of the Personal property or any portion thereof or against any seller, engineer, contractor or builder, in respect of the Personal Property.
2. Transferor warrants that each item of the Personal Property is in good condition, order and repair and suitable for its intended purpose on the date of this Bill of Sale.
3. Transferor at any time at or after the date of this Bill of Sale shall execute, acknowledge and deliver any further deeds, assignments, conveyances and other assurances, documents and instruments of transfer reasonably requested by Transferee, and shall take any other action consistent with the terms of this Bill of Sale that may reasonably be requested by Transferee for the purpose of granting and confirming to Transferee, or reducing to Transferee’s possession, any or all of the Personal Property. If requested by Transferee, Transferor further agrees to prosecute or otherwise enforce in its own name for the benefit of Transferee any claims, rights or benefits included in the Personal Property that require prosecution or enforcement in Transferor’s name. Transferor also hereby appoints Transferee as its agent to act in Transferor’s name and on Transferor’s behalf to take any action necessary to effect the transfer of any of the Personal Property to Transferee, or prosecute or otherwise enforce any claims, rights or benefits included in the Personal Property in Transferor’s name, including bringing suit in Transferor’s name.
4. This Bill of Sale shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successors and assigns.
DATED: ________________, 20___.
TRANSFEROR:
SKEJUL, LLC., a California limited liability company
By
Its
Exhibit “D”
SCHEDULE BOS-1
PERSONAL PROPERTY INVENTORY
[List all items here (can use pictures if more descriptive; include model numbers, serial numbers, VINs etc.; if no specific list available, use this phrase in this Schedule:
“All Personal Property existing at the Real Property as of the Closing Date”]
Exhibit “E”
EXHIBIT E
GENERAL ASSIGNMENT
This General Assignment (the “Assignment”) is dated for reference purposes only as of _________________, by SKEJUL, LLC, a California limited liability company (“Assignor”).
FOR VALUABLE CONSIDERATION, as set forth in that certain Agreement of Purchase and Sale and Joint Escrow Instructions dated ______________, 20___ (the “Agreement”), Assignor hereby assigns and transfers to the CITY OF ANTIOCH, a California municipal corporation (“Assignee”), following:
A. All equipment leases, service and/or maintenance agreements and contracts relating to the Real Property (collectively, the “Contracts”)[ as more particularly described in Schedule GE-1 attached hereto];
B. All permits, licenses, consents, registrations and other similar approvals applicable to the Real Property (collectively, the “Approvals”)[, which Approvals are more particularly described in Schedule GE-2 attached hereto]; C. All as-built plans and specifications for: (1) the Real Property; (2) any and all improvements used in connection with the operation or occupancy of the Real Property or located upon the Real Property (the “Improvements”); and (3) any and all personal property owned by Assignor located within or used in connection with the operation of the Real Property and Improvements (the “Personal Property”) (collectively, the “Plans”); and D. All warranties of which Assignor is the beneficiary (the “Warranties”) with respect to the Improvements or Personal Property.
This Assignment shall not supersede the Agreement and, in the event of conflict between this Assignment and the Agreement, the Agreement shall control.
This Assignment shall be binding upon and inure to the benefit of Assignor and Assignee and their respective heirs, executors, administrators, successors and assigns.
This Assignment shall take effect the last to occur of the following: (i) full execution by all parties and Lessor’s consent, as shown by the last date entered below the parties’ signatures and (ii) upon the consummation of the transaction between Assignee and Assignor.
Exhibit “E”
IN WITNESS WHEREOF, Assignor has executed this Assignment as of the date first above written.
ASSIGNOR:
SKEJUL, LLC, a California limited liability
company
By
Its
Date:_____________________________
SCHEDULE GE-1
List all equipment leases, service and/or maintenance agreements and contracts relating to the Real Property - if none known, delete this schedule and bracketed phrase but leave general assignment of unspecified contracts. Leases should have a separate assignment, so do not assign seller’s interest in leases in this document.
SCHEDULE GE-2
List all permits, licenses, consents, registrations and other similar approvals applicable to the Real Property- if none known, delete this schedule and bracketed phrase but leave general assignment of unspecified contracts
Exhibit “F”
EXHIBIT F
GRANT DEED
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
City of Antioch
200 H Street
Antioch, CA 94509
ATTN: City Clerk
EXEMPT FROM RECORDING FEES PURSUANT
TO GOVERNMENT CODE SECTION 27383
SPACE ABOVE THIS LINE FOR RECORDER’S USE
APN: 066-091-017
Grant Deed
The undersigned Grantor(s) declare(s): City of Antioch is exempt from property taxes Documentary transfer tax is $0.
Computed on full value of property conveyed, or
Computed on full value less value of liens and encumbrances remaining at time of sale.
Unincorporated area City of Antioch and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SKEJUL, LLC, a California limited liability company
hereby GRANT(S) to
CITY OF ANTIOCH, a California municipal corporation
the following described real property in the City of Antioch County of Contra Costa
State of California:
SEE ATTACHED EXHIBIT A
Dated: _______________, 20___
GRANTOR:
SKEJUL, LLC, A California limited liability company
By: _________________________________
Name:
Its:
Exhibit “F”
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Exhibit “F”
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF ) On , 20___ before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
(seal)
Exhibit “F”
CERTIFICATE OF ACCEPTANCE
Pursuant to Section 27281 of the
California Government Code
This is to certify that the fee interest in real property conveyed by the Grant Deed dated __________________, 20___, from SKEJUL, LLC, a California limited liability company, to the City of ANTIOCH , a California municipal corporation, is hereby accepted by the undersigned officer on behalf of the City of Antioch, pursuant to the authority conferred by Resolution No. 2024 - ____, adopted by the City Council of the City of Antioch on ___________________, and the Grantee consents to recordation thereof by its duly authorized officer.
Dated: _________________, 20___ CITY OF ANTIOCH
By _________________________________
____________________________
Acting City Manager
4 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 25, 2025
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Bessie Marie Scott, City Manager
SUBJECT: Antioch Police Oversight Commission (APOC) - 2024 Annual Report to City Council
RECOMMENDED ACTION
It is recommended that the City Council review and approve the Antioch Police Oversight Commission’s (APOC) Final 2024 Annual Report.
FISCAL IMPACT
No fiscal impact is anticipated at this time.
DISCUSSION
In accordance with Antioch Municipal Code §4-3.111 PUBLIC REPORTS:
A. The Antioch Police Oversight Commission shall draft and issue public reports regarding issues described in section 4-3.100. An annual report may be in the form of an update from the previous year’s report. The Police Commission may issue additional public reports as it deems appropriate.
B. The Police Commission shall provide annual public reports to City Council, City Manager, and City Attorney on the Police Department’s progress on Police Commission recommendations and other updates to the mission of the Police Commission.
C. All public reports shall omit or redact any confidential or privileged information as defined by State Law.
The attached final annual report has been prepared by the Commission for review and discussion by the City Council. This report was discussed and approved unanimously by the Commission during the regularly scheduled APOC Meeting held on February 3, 2025.
ATTACHMENTS
A. Antioch Police Oversight Commission (APOC) 2024 Annual Report B. February 3, 2025 – Antioch Police Oversight Commission Staff Report C. Ordinance No. 2212-C-S: Creation of the Antioch Police Oversight Commission D. APOC 2024 Annual Report PowerPoint Presentation
Antioch Police Oversight Commission
2024 Annual Reporti
Section 1: Introduction
The Antioch Police Oversight Commission (APOC) was established to enhance transparency, accountability, and trust between the Antioch Police Department (APD) and the community it serves. Since its inception, APOC has been steadfast in its commitment to creating policies and practices that reflect the values of equity, justice, and public safety.
To achieve these goals, APOC formed ad hoc committees tasked with evaluating APD policies in key areas, including use of force, internal affairs, community engagement, budget allocation, and overall department policy. These committees have worked diligently to identify areas in need of reform and to recommend amendments that align with national best practices while addressing the unique needs and concerns of Antioch residents.
This report highlights a pivotal milestone in this effort: the decision by APD Chief Brian Addington, in collaboration with City Manager Bessie Marie Scott, to undertake a comprehensive redrafting of the APD policy manual. This decision was driven by the evaluations and recommendations submitted by APOC’s ad hoc committees. The commission’s input underscored the need for a more comprehensive review to ensure APD policies uphold community trust and safety standards.
To facilitate this review and updating process, APD has partnered with Lexipol. Lexipol is a nationally recognized leader in public safety policy development and training who
ATTACHMENT A