CALL OF SPECIAL MEETING
Antioch City Council
Special Meeting
Pursuant to Government Code section 54956, I hereby call a Special Meeting of the Antioch City Council. Said meeting shall be held on the following date, time and place:
DATE: Thursday, November 20, 2025
TIME: 3:00 P.M. Special Meeting/Closed Session
7:00 P.M. Special Meeting
PLACE: Council Chambers
200 ‘H’ Street
Antioch, CA 94509
The only items of business to be considered at such Special Meeting shall be set forth on the Special Meeting Agenda.
Dated: November 17, 2025
__________________________________
City of Antioch
AGENDA
Antioch City Council
SPECIAL MEETING
Including the Antioch City Council acting as Successor Agency/ Housing Successor to the Antioch Development Agency
Date: Thursday, November 20, 2025
Time: 3:00 P.M. – Special Meeting/Closed Session
7:00 P.M. – Special 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 Michael J. Mandy 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].
ANTIOCH CITY COUNCIL -1- NOVEMBER 20, 2025
Notice of Opportunity to Address Council
The City Council can only take action on items that are listed on this agenda. The public has the opportunity to address the 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. Please identify the specific agenda item number you would like to speak on. 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 Speaker Request forms are located at the entrance of the Council Chambers. No one may speak more than once on an agenda item. 3:00 P.M. ROLL CALL – SPECIAL MEETING – for Council Members
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS for Closed Session
CLOSED SESSION:
1) PUBLIC EMPLOYMENT – Recruitment of City Attorney. This closed session is authorized pursuant to California Government Code Section 54957(b). 2) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION – pursuant to California Government Code section 54956.9(d)(1)): Trent Allen, et al. v. City of Antioch, et al. , United States District Court Northern District of California, (Case No. 3:23-cv-01895-TSH).
3) PUBLIC EMPLOYEE PERFORMANCE EVALUATION: CITY MANAGER.
This closed session is authorized pursuant to California Government Code section 54957(b)(1).
4) CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to California Government Code section 54956.8; Property: 809 West 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: Jo se Cordon ; Under Negotiation:
Rent and terms of payment.
ADJOURN TO CLOSED SESSION
7:00 P.M. ROLL CALL – SPECIAL MEETING – for City /City Council Members acting as Successor Agency/Housing Successor to the Antioch Development Agency
PLEDGE OF ALLEGIANCE
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
ANTIOCH CITY COUNCIL -2- NOVEMBER 20, 2025
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. PROCLAMATIONS
• In Honor of Bob Franchetto, Antioch Lifetime Veteran of the Year 2025-2026 • In Honor of Ricky Diaz, Antioch Veteran of the Year 2025-2026 Recommended Action: It is recommended that the City Council approve the proclamations.
2. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
➢ HOLIDAY DELITES CELEBRATION – December 6, 2025
Waldie Plaza, West 2nd Street and G Street, Antioch
3. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
➢ BOARD OF ADMINISTRATIVE APPEALS
➢ PARKS AND RECREATION COMMISSION
➢ CONTRA COSTA COUNTY LIBRARY COMMISSION
➢ SALES TAX CITIZENS’ OVERSIGHT COMMITTEE
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
MAYOR’S COMMENTS
4. CONSENT CALENDAR for City /City Council Members acting as Successor Agency/Housing Successor to the Antioch Development Agency
A. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR OCTOBER 14, 2025 Recommended Action: It is recommended that the City Council approve the Meeting Minutes.
B. APPROVAL OF SPECIAL JOINT MEETING MINUTES OF THE CITY COUNCIL AND PLANNING COMMISSION FOR OCTOBER 21, 2025
Recommended Action: It is recommended that the City Council approve the Special Joint Meeting Minutes of the City Council and Planning Commission for October 21, 2025.
ANTIOCH CITY COUNCIL -3- NOVEMBER 20, 2025
CONSENT CALENDAR for City /City Council Members acting as Successor Agency/Housing Successor to the Antioch Development Agency – Continued C. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR OCTOBER 28, 2025 Recommended Action: It is recommended that the City Council approve the Meeting Minutes.
D. APPROVAL OF CITY COUNCIL SPECIAL MEETING/CLOSED SESSION MINUTES FOR NOVEMBER 4, 2025
Recommended Action: It is recommended that the City Council continue the Special Meeting/Closed Session Minutes.
E. APPROVAL OF CITY COUNCIL SPECIAL MEETING MINUTES FOR NOVEMBER 4, 2025 Recommended Action: It is recommended that the City Council continue the Special Meeting Minutes.
F. APPROVAL OF COUNCIL WARRANTS
Recommended Action: It is recommended that the City Council approve the warrants.
G. APPROVAL OF SUCCESSOR AGENCY WARRANTS
Recommended Action: It is recommended that the City Council approve the warrants.
H. APPROVAL OF HOUSING SUCCESSOR WARRANTS
Recommended Action: It is recommended that the City Council approve the warrants.
I. APPROVAL OF TREASURER’S REPORT FOR AUGUST 2025
Recommended Action: It is recommended that the City Council receive and file the August 2025 Treasurer’s Report.
J. APPROVAL OF TREASURER’S REPORT FOR SEPTEMBER 2025
Recommended Action: It is recommended that the City Council receive and file the September 2025 Treasurer’s Report.
ANTIOCH CITY COUNCIL -4- NOVEMBER 20, 2025
CONSENT CALENDAR for City /City Council Members acting as Successor Agency/Housing Successor to the Antioch Development Agency – Continued K. COMMUNICATIONS SITE GROUND LEASE AGREEMENT WITH EAST BAY REGIONAL COMMUNICATIONS SYSTEM AUTHORITY AT 75 WALTON LANE (P.W. 590-R1) Recommended Action: It is recommended that the City Council adopt a resolution approving the Communications Site Ground Lease Agreement with East Bay Regional Communications System Authority and authorizing the City Manager or designee to execute the Communications Site Ground Lease Agreement in the form
approved by the City Attorney.
L. RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH M.
FERNANDES TOW FOR TOWING SERVICES FOR CITY VEHICLES AND STORAGE OF VEHICLES WHEN REQUIRED IN AN AMOUNT NOT TO EXCEED $345,000 FOR A TERM
OF THREE YEARS
Recommended Action: It is recommended that the City Council adopt a resolution approving a Professional Services Agreement with M. Fernandes Tow for towing services for City vehicles and storage of vehicles in an amount not to exceed $345,000 for a three-year term ending November 30, 2028, and authorizing the City Manager or designee to execute the agreement in a form approved by the City Attorney.
M. CONSIDERATION OF BIDS FOR THE POLICE DEPARTMENT AND ANIMAL SERVICES INTERIOR WALL PAINTING AND LIMITED EXTERIOR PAINTING, BID NO. 968-1023-25A Recommended Action: It is recommended that the City Council adopt a resolution accepting the bid from Color New Corporation for the Police Department and Animal Services interior wall painting and limited exterior painting, in an amount not to exceed $280,000 and Authorizing the City Manager to enter into an agreement with Color New Corporation in a form approved by the City Attorney.
N. CONSIDERATION OF BIDS FOR THE POLICE DEPARTMENT AND ANIMAL SERVICES FLOORING REPLACEMENT, BID NO. 968-1023-25B
Recommended Action: It is recommended that the City Council adopt a resolution accepting the bid from Perfection Painting Corporation for the Police Department and Animal Services flooring replacement, in an amount not to exceed $385,000 and Authorizing the City Manager to execute the agreement in a form approved by the City Attorney.
ANTIOCH CITY COUNCIL -5- NOVEMBER 20, 2025
PUBLIC HEARING
5. ORDINANCE TO AMEND SECTION 4 -5.1204 AND SECTION 4 -5.1222 OF TITLE 4 OF
THE ANTIOCH MUNICIPAL CODE RELATING TO PARKING ON CITY PROPERTY AND
MUNICIPAL PARKING LOTS
Recommended Action: It is recommended that the City Council waive the first reading and introduce the ordinance amending sections 4 -5.1204 and 4 -
5.1222 of the Antioch Municipal Code relating to parking on City property and municipal parking lots.
COUNCIL REGULAR AGENDA
6. RESOLUTION APPROPRIATING EXPENDITURES FOR ENCUMBRANCES AND PROJECT BUDGETS OUTSTANDING TO THE 2025/26 FISCAL YEAR BUDGET AND APPROVING OTHER AMENDMENTS TO THE 2025/26 FISCAL YEAR BUDGET Recommended Action: It is recommended that the City Council adopt a resolution of the City Council of the City of Antioch a ppropriating expenditures for encumbrances and project budgets outstanding to the 202 5/26 fiscal year budget and approving other amendments to the 2025/26 fiscal year budget.
7. PURCHASE OF TWENTY-THREE 2026 REPLACEMENT VEHICLES AND SIX NEW -TO- FLEET 2026 VEHICLES UTILIZING COOPERATIVE PURCHASE AGREEMENTS IN THE AMOUNT OF $2,466,000
Recommended Action: It is recommended that the City Council adopt a resolution approving the purchase of twenty-three (23) replacement vehicles, and six (6) new -to-fleet vehicles in an amount not to exceed $2,466,000, utilizing Cooperative Purchase Agreements and existing contracts for upfitting, and authorizing th e City Manager or designee to execute the purchase orders.
8. MAYOR REQUESTED DISCUSSION ITEM – 2025 CITYWIDE ECONOMIC
DEVELOPMENT INITIATIVE GRANT AWARDS
Recommended Action: The Mayor instructed the City Manager to bring for discussion the 2025 Request for Proposals (RFP) for the Citywide Economic Development and associated Grants which were awarded on September 12, 2025, outside of the 90-Day City Council Request List.
ANTIOCH CITY COUNCIL -6- NOVEMBER 20, 2025
COUNCIL REGULAR AGENDA – Continued
9. CITY COUNCIL REQUESTED DISCUSSION ITEM – COUNCIL REVIEW OF COUNCIL 90-
DAY REQUEST LIST ITEMS
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.
IN HONOR OF
BOB FRANCHETTO
Antioch Lifetime Veteran of the Year 2025-2026
WHEREAS, Bob Franchetto was born on June 23rd, 1938, in Fort Dodge, Iowa, and relocated with his family to the City of Antioch in 1947. He attended Antioch High School, where he contributed to the Panther newspaper, before graduating in the spring of 1956; WHEREAS, In 1961, Bob Franchetto enlisted in the United States Army as a 717 – Clerk with Crypto Clearance and was stationed at Fort Baker, Sausalito where he served for three years;
WHEREAS, after completing his service, in 1964, he returned home to Antioch with his beloved wife, Mary, whom he met while serving in the Army, together, they continued the legacy of his family business, Cottage Florist, established in 1947 and purchased by Bob in 1959, carrying forward the family tradition that had been maintained by his parents during his time in the military;
WHEREAS, for decades, Bob and Mary’s commitment to family and community has been evident in all they have done. Married for 61 years, they raised three children – Bob, Tony, and Paula – each carrying forward the spirit of service and family pride. Their daughter Paula has continued the family’s legacy, owning and operating Paula’s Family Florist, formerly known as Cottage Florist, preserving the Franchetto name as a cherished part of Antioch’s history; WHEREAS, Bob’s lifetime of giving back to Antioch exemplifies the true spirit of this award. His enduring dedication, quiet leadership, and steadfast love for his community remind us all that service does not end when the uniform comes off – it simply takes on new meaning; WHEREAS, for his lifetime of service to his community and country, the Delta Veterans Group and the City of Antioch proudly recognize U.S. Army Veteran Bob Franchetto as the Antioch Lifetime Veteran of the year for 2025-2026;
NOW, THEREFORE, I, RON BERNAL, Mayor of the City of Antioch, do hereby salute, commend and honor Bob Franchetto for his dedication, commitment, and positive influence to our community and the Veterans in the City of Antioch.
NOVEMBER 20, 2025
__________________________________________
RON BERNAL, Mayor 1.01
11-20-25
IN HONOR OF
Ricky Diaz
Antioch Veteran of the Year 2025-2026
WHEREAS, Ricky Diaz was born on September 29, 1961, in East Contra Costa County;
WHEREAS, In 1979, Ricky enlisted in the United States Army, where he served with the 1st Battalion, 37th Field Artillery at the Fort Richardson duty station in Anchorage, Alaska, until 1982. Ricky continued to live and work in Alaska for four more years before returning to his hometown of Antioch;
WHEREAS, Ricky has given countless volunteer hours to local organizations, including the Antioch VFW, the Antioch Historical Society, and the Antioch Bedford Center – quietly making a difference without ever seeking recognition. His humility, commitment, and heart for service truly reflect the values of our Veteran community;
WHEREAS, Ricky met his wife, Gerri, in 2007, and the two were married in 2013, at the Antioch Historical Society Museum – a fitting place for a man whose life and service are woven into the very history of our city;
WHEREAS, U.S. Army Veteran Ricky Diaz has been proudly honored as the Antioch Veteran of the Year 2025-2026, a man who continues to serve his community with honor, humility, and heart;
NOW, THEREFORE, I, RON BERNAL, Mayor of the City of Antioch, do hereby salute, commend and honor Ricky Diaz for his dedication, commitment, and positive influence to our community and the Veterans in the City of Antioch.
NOVEMBER 20, 2025
__________________________________________
RON BERNAL, Mayor
1.02 11-20-25
#2
BOARD / COMMISSION / COMMITTEE
VACANCY ANNOUNCEMENTS
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:
EXTENDED FRIDAY, NOVEMBER 21, 2025
➢ BOARD OF ADMINISTRATIVE APPEALS
▪ Two (2) Full Term Vacancies, expiring March 2028
▪ One (1) Alternate Vacancy, expiring December 2025
➢ PARKS AND RECREATION COMMISSION
▪ One (1) Partial Term Vacancy, expiring March 2028
▪ One (1) Alternate Vacancy, expiring April 2026
FRIDAY, NOVEMBER 21, 2025
➢ CONTRA COSTA COUNTY LIBRARY COMMISSION
▪ One (1) Full Term Vacancy, expiring June 2029
FRIDAY, DECEMBER 12, 2025
➢ SALES TAX CITIZENS'OVERSIGHT COMMITTEE
▪ One (1)Partial Term Vacancy, expiring March 2026
To be considered for the vacancy position(s) listed above, please request an application by emailing the City Clerk ’s office at [email protected].
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.
Phone: (925) 779-7009 OFFICE OF THE CITY CLERK
[email protected]
https://bit.ly/COA-BC23
200 H Street/P.O. Box 5007
Antioch, CA. 94531-5007
AntiochIsOpportunity.com #3
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 Chambers; 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 these volunteer position(s), a completed application must be emailed to: [email protected], or mailed/delivered to the Office of the City Clerk.
Applications are available by emailing the City Clerk ’s office or printed applications are also available at Antioch City Hall, 200 H Street, Antioch, CA.
BOARD OF ADMINISTRATIVE APPEALS
Two (2) Full Term Vacancies, expiring March 2028
One (1) Alternate Vacancy, Two-Year Term
Extended Deadline Date: By 5:00 p.m., November 21, 2025
PARKS & RECREATION COMMISSION
One (1) Partial Term, vacancy expiring March 2028
One (1) Alternate Vacancy, expiring April 2026
Extended Deadline Date:By 5:00 p.m., November 21, 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 these volunteer position(s), a completed application must be emailed to: [email protected], or mailed/delivered to the Office of the City Clerk.
Applications are available by emailing the City Clerk ’s office or printed applications are also available at Antioch City Hall, 200 H Street, Antioch, CA.
CONTRA COSTA COUNTY LIBRARY COMMISSION
One (1) Full Term Vacancy, expiring June 2029
Deadline Date: By 5:00 p.m., November 21, 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 Contra Costa County Library Commission was established by the Contra Costa County Board of Supervisors in March 1991. The Commission was created to serve in an advisory capacity to the Board of Supervisors and the County Librarian.
For more information, go to: https://ccclib.org/commission/ Commission Seats:
• 18 members, 1 from each city/town in County
• 5 members, 1 appointed by each member of the Board of Supervisors • 1 member from Central Labor Council
• 4 non-voting members, 1 from each: College District, East Bay Leadership Council, Office of Education, Friends Council
Meetings:
• The Commission meets quarterly at dates and times to
be determined by vote of the Commission.
Requirements:
• Applicants must reside in the City of Antioch.
To be considered for these volunteer position(s), a completed application must be emailed to: [email protected], or mailed/delivered to the Office of the City Clerk.
Applications are available by emailing the City Clerk ’s office or printed applications are also available at Antioch City Hall, 200 H Street, Antioch, CA.
SALES TAX CITIZENS ’ OVERSIGHT COMMITTEE
One (1) Partial Term Vacancy, expiring March 2026
Deadline Date: By 5:00 p.m., December 12, 2025
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 Sales Tax C itizens’ Oversight Committee shall review the expenditures and report publicly ho w the funds are being used to a ddress the City Council’s stated priorities of maintaining Antioch ’s fiscal stability, police patrols, 911 emergency response, youth violence prevention programs; ensuring water quality/safety; repairing streets; cleaning up parks/illegal d umping; restoring youth afterschool/summer; and o ther essential services.
Each year, an independent auditor shall complete a public audit report of the revenue raised and its expenditure. The Committee’s review shall be completed in conjunction with the City’s budget process. The Committee ’s report on its review, whether oral or written , shall be considered by the City Council at a public meeting before April 1 of each year. Any written report shall be a matter of public record.
Committee Seats:
• Seven (7) Members, 4 – year terms.
Meetings:
• The Committee shall meet at least twice a year.
Requirements:
• Must be a resident of the City of Antioch.
• Commissioners are required to submit the Fair Political Practices Commission (FPPC) Form 700 (Statement of Economic Interests) upon assuming office, and every year thereafter.
• Commissioners are required to complete a 2-hour online AB1234 Ethics course within one year of their appointment.
• Newly appointed and reappointed Members are required to take an Oath of Office administered by the City Clerk.
To be considered for these volunteer position(s), a completed application must be emailed to: [email protected], or mailed/delivered to the Office of the City Clerk.
Applications are available by emailing the City Clerk ’s office or printed applications are also available at Antioch City Hall, 200 H Street, Antioch, CA.
CITY COUNCIL MEETING
INCLUDING THE ANTIOCH CITY COUNCIL
ACTING AS HOUSING SUCCESSOR
TO THE ANTIOCH DEVELOPMENT AGENCY
Regular Meeting October 14, 2025
7:00 P.M. Council Chambers
4:00 P.M. - CLOSED SESSION
Mayor Bernal called the Closed Session to order at 4:01 P.M., and City Clerk Mandy called the roll.
Present: District 4 Wilson, Mayor Pro Tem (District 2) Rocha and Mayor Bernal
Absent: Council Members District 1 Torres -Walker and District 3 Freitas (arrived at 4:0 9 P.M.)
PLEDGE OF ALLEGIANCE
Mayor Bernal led the Pledge of Allegiance.
1. CONFERENCE WITH LABOR NEGOTIATORS – pursuant to California Government Code section 54957.6; City designated representatives: Jason Ewert, Ana Cortez, Human Resources Director, and Bessie Marie Scott, City Manager; Employee organizations: Management Unit, Treatment Plant Employees’ Association, Operating Engineers Local Union No. 3, Confidential Unit, Antioch Police Officers Association, and Antioch Police Sworn Management Association.
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to California Government Code section (Paragraph (1) of subdivision (d) of Section 54956.9): Shimmick Construction Co v. City of Antioch, Contra Costa Superior Court Case No. C25-01690.
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to California Government Code section (Paragraph (1) of subdivision (d) of Section 54956.9): Antioch Adams Warehouse et al. v. Walker (and City of Antioch), Contra Costa Superior Court Case No. MSC 18-02260.
4. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Significant exposure to litigation pursuant to California Government Code section (Paragraph (2) of subdivision (d) of Section 54956.9: Three potential cases.
PUBLIC COMMENTS
Andrew Becker offered words of encouragement to the City Council.
ADJOURN TO CLOSED SESSION
A
11-20-25
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
October 14, 2025 Page 2 of 15
Mayor Bernal adjourned to Closed Session at 4:06 P.M.
7:00 P.M. REGULAR MEETING
Mayor Bernal called the meeting to order at 7:14 P.M., and City Clerk Mandy called the roll.
Present: Council/Agency Members District 3 Freitas, District 4 Wilson, Mayor Pro Tem (District 2) Rocha and Mayor Bernal
Absent: Council/Agency Member District 1 Torres-Walker
PLEDGE OF ALLEGIANCE
Mayor Bernal led the Pledge of Allegiance.
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
Assistant City Attorney Kundinger reported the City Council had been in Closed Session and gave the following report: #1 CONFERENCE WITH LABOR NEGOTIATORS, direction given to the Labor Negotiators, #2 CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION, no reportable action, #3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, City Council authorized the City Manager to execute a judgement quieting title, by a 4 -0 vote with Councilmember Torres-Walker absent, and, #4 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ANTICIPATED LITIGATION, no reportable action.
COUNCIL REGULAR AGENDA – Continued from September 23, 2025, Council Meeting
1. DISCUSSION ITEM: INPUT ON AMENDMENT TO ORDINANCE NO. 2212-C-S THAT
CREATED THE ANTIOCH POLICE OVERSIGHT COMMISSION
City Manager Scott introduced Assistant City Attorney Kundinger who presented the staff report dated October 14, 2025, recommending the City Council receive a presentation on the background and current ordinance that established the Antioch Police Oversight Commission (APOC), as well as proposed changes staff is considering, and offer additional recommendations.
Public Comment was received from the following individuals who offered their views on the APOC Ordinance amendments: Susan Kennedy, APOC Commissioner, Harry Thurston, Frank Sterling, Reimagine Antioch, Devin Williams, APOC Vice Chairperson, Mariana Moore, Senior Director for Ensuing Opportunity Campaign to End Poverty in Contra Costa County, Angel Greer, Boilermaker Women at Work, Melissa Case, Mary Lutz, Ralph Hernandez, Sara B., Nichole Gardner, Eric Haynes and Andrew Becker. Many speakers opposed the ba ckground process, the City Council's authority to pause APOC and PD representation on the Commission. Some proposed removing the term "unexcused" from absence policies and suggested that APOC should retain control over the APD budget. Others recommended utilizing existing Board and Commission Ordinances for administrat ive matters, appointing a police liaison to handle
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
October 14, 2025 Page 3 of 15
complaints a s well as background checks, and granting non -voting powers to police officers appointed to the Commission.
Hamish Lachlan and John Campbell, The Watch Formally Anti-Narcotics Watch, spoke to items unrelated to the APOC Ordinance.
Mayor Bernal announced that the speakers could come back to discuss other matters under General Public Comment.
Due to technical difficulties, Mayor Bernal declared a recess at 7:57 P.M. The meeting reconvened at 8:04 P.M. with all Councilmembers present with the exception of Councilmember Torres-Walker who was previously noted as absent.
Councilmember Freitas clarified that the suggested Ordinance amendments were not made by the City Council.
Assistant City Attorney Kundinger explained that after staff receive d direction from the City Council, they would draft the language of the ordinance. Th at draft would then be presented at a public hearing for the first reading, followed by a second reading at a subsequent meeting and the public would have opportunities to provide input and comments at each meeting.
Councilmember Wilson stated she believed the APOC should have brought forward their suggested ordinance amendments.
Assistant City Attorney Kundinger reported that the proposal was presented to the APOC on July 7, 2025, with input and public comments, and no objections were raised. Although Chairperson Taylor was absent, staff discussed the amendments with her. The item was brought forward at the City Co uncil's direction, with the City Attorney’s office required by law to handle all Ordinance amendments. He clarified that this was the discussion and recommendation stage, and the amended Ordinance had not yet been drafted.
Councilmember Rocha stated that he thought members of the APOC would be providing their thoughts on the suggested amendments. He stated he had no prior knowledge of this item; however, he would review the proposed amendments and provide his input.
Mayor Bernal stated he believed this item originated from a request from Council to pause the APOC; however, such a pause was not legally permissible under the current Ordinance. To address this, he noted that he had requested an amendment to the ordinance to grant the Council authority to initiate that process in the future.
The City Council reviewed the suggested Ordinance amendments and provided the following direction:
PURPOSE
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
October 14, 2025 Page 4 of 15
Council consensus supported the following change:
➢ “The Police Commission shall facilitate community engagement and oversight by conducting community outreach, ….”.
4-3.103 MEMBERSHIP AND APPOINTMENT
Council consensus supported the following changes:
➢ (A) – add “according to Municipal Code 2 -5.201, and that the Chair, Mayor and City Manager or designee excluding Police Chief or APD staff shall interview the applicants make a recommendation to the City Council”
Council consensus did not support the following changes:
➢ The background process
➢ (E) deleting subsections (a) (c) or (d)
Council requested the Ordinance clearly delineates subsections by alternating letters and numbers.
4-3.104 TERMS OF OFFICE AND REMOVAL FROM OFFICE
Council consensus supported the following changes:
➢ (D) – Add the City Manager, Mayor, or any member of the City Council has the authority to make the recommendation.
➢ (4) – Delete the word “unexcused”
➢ (5) – Revisiting the suggested change “violation of the APOC Rules of Decorum and conduct policy” once that policy is developed
Council directed the City Attorney to fast -track the Rules of Decorum and Conduct Policy and provide a comparison with NACOLE.
4-3.106 MEETINGS
Council consensus supported the following changes:
➢ (A) – Change to at least once each month and delete July and December language.
APOC would have the authority to hold additional meetings by majority vote.
4-3.108 BUDGET
Council consensus supported the following changes:
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
October 14, 2025 Page 5 of 15
➢ Edit: Include a sentence that funding will be incorporated into the City Manager’s budget, with the specific allocation amount determined during each budget cycle.
4-3.109 TRAINING
Council consensus supported the following changes:
➢ Edit: Add a requirement that each Commissioner complete a police ride-along within the first 90 days of appointment and participate in at least two ride-alongs annually ➢ Additionally, Commissioners must complete use -of-force simulator training within 90 days of appointment and annually thereafter. Commissioners are also required to complete all training outlined in the APOC Training Plan. ➢ Add a requirement that all training requests requiring city funding must be pre-authorized by the City Manager
o with the ability for Commissioners to have an exception submitted to the APOC Chair with a cc to City Attorney or City Manager
o Add sit-along with dispatch or other activity
4-3.110 POWERS AND DUTIES
Council consensus supported the following changes:
➢ (A) Add “Personnel Complaints” to list of policies
➢ Edit: (B) Work with the City Attorney to clarify the process for recommending changes to the specified policies. If APOC and the department agrees on the proposed changes the Police Chief shall amend the policy accordingly. If APOC and the Department disagree, the proposed changes shall be forwarded to the City Council for final approval or rejection.
➢ Add – Nothing in this section restricts the City Council from independently initiating or inquiring about policy changes outside the scope of APOC’s authority ➢ (D) – Maintain current language
Direction was provided to staff to update the City Council annually on changes to the specified policies
ADDITION
Council consensus supported the following changes:
Temporary pause of APOC
➢ The City Council has the authority to temporarily pause APOC. Such action may only be approved by a majority vote of the City Council. The temporary suspension cannot exceed three months within a rolling 12 -month period. (This amendment would be applied to all Boards and Commissions)
➢ APOC does not have the authority to pause, without City Council authorization
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
October 14, 2025 Page 6 of 15
Direction was given to staff to suggest possible conditions to base a temporary pause.
Councilmember Freitas commented that public comment received influenced the decision making that occurred this evening. He suggested the public continue to participate when the public hearing comes back for consideration.
ON MOTION BY COUNCILMEMBER ROCHA, SECONDED BY COUNCILMEMBER WILSON,
THE CITY COUNCIL MEMBERS PRESENT UNANIMOUSLY SUSPENDED THE RULES AND MOVED AGENDA ITEM #2 PROCLAMATIONS, AS THE NEXT ORDER OF BUSINESS.
2. PROCLAMATIONS
• National Domestic Violence Awareness Month, October 2025 • Filipino American History Month, October 2025
• National Breast Cancer Awareness Month, October 2025
On motion by Councilmember Wilson, seconded by Councilmember Rocha, the City Council members present unanimously approved the proclamations.
Representatives from the Family Justice Center accepted and thanked the City Council for the National Domestic Violence Awareness Month proclamation.
Two community members accepted and thanked the City Council for the Filipino American History Month proclamation.
Kristen Vistalli accepted and thanked the City Council for the National Breast Cancer Awareness Month proclamation.
Mayor Bernal declared a recess at 9:31 P.M. The meeting reconvened at 9:41 P.M. with all Councilmembers present with the exception of Councilmember Torres -Walker who was previously reported as absent.
PUBLIC COMMENTS
John Michael Drolet, The Watch Formally Anti -Narcotics Watch, discussed management systems for security purposes and his loss of property.
Jim Lanter, Madd Hatter Players, announced The Night of the Living Dead play would open at 7:30 P.M. on October 24, 2025
Marie Taylor and Pat Carpenter requested the City reinstate the Senior Center Trip Coordinator and they read a petition that was signed in support of her reinstatement.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
October 14, 2025 Page 7 of 15
Rachel Mendoza, Casa Del Rio Senior Independent Living Apartments, requested a follow up from C ity staff regarding their request to restrict parking and improve lighting around their neighborhood.
Gail Kean announced the El Campanil Theatre Preservation Foundation, encouraged the community to become involved in their Keep the Arts Alive in Antioch Pledge Drive.
Ralph Hernandez spoke in support of the City Council and staff prioritizing public safety in Antioch.
Rick Stadtlander, Indivisible East Contra Costa County, invited the community to attend a No Kings Day Rally and March on October 18, 2025.
Velma Wilson thanked Council for their service. She announced that the Delta Veteran’s Group and the City were hosting a Veteran’s Day parade , pancake breakfast and celebration on November 11, 2025 . Contact information was provided. She also announced that African American History would be celebrated on Ruby Bridges Walk to School Day on November 14, 2025.
Melissa Case expressed her support for the Antioch Police Department’s Citizen RIMS website and the new Antioch City website.
John Collins expressed concern regarding public safety in Antioch.
3. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
Acting Director of Parks and Recreation Wright, Velma Wilson and Mayor Bernal announced the following civic and community events:
➢ 6TH ANNUAL FALLOWEEN AND TRUNK-O-TREAT – October 18, 2025 Antioch Water Park, 4701 Lone Tree Way, Antioch, CA
➢ COMMUNITY VIOLENCE FORUM – October 15, 2025
Genesis Church, 1800 Woodland Drive, Antioch, CA
➢ EMPOWERMENT AND HEALING WALK – October 31, 2025
Antioch Community Center, 4703 Lone Tree Way, Antioch, CA ➢ ANTIOCH POLICE DEPARTMENT HALLOWEEN – October 31, 2025 300 L Street, Antioch, CA
4. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
City Clerk Mandy announced the following Board and Commission openings.
➢ Antioch Police Oversight Commission
➢ Board of Administrative Appeals
➢ Parks and Recreation Commission
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
October 14, 2025 Page 8 of 15
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS - None
MAYOR’S COMMENTS – None
5. CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency
A. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR SEPTEMBER 15, 2025
B. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR SEPTEMBER 16, 2025
C. APPROVAL OF COUNCIL SPECIAL MEETING/CLOSED SESSION MINUTES FOR SEPTEMBER 22, 2025
D. APPROVAL OF COUNCIL MEETING MINUTES FOR SEPTEMBER 23, 2025
E. APPROVAL OF COUNCIL WARRANTS
F. APPROVAL OF HOUSING SUCCESSOR WARRANTS
G. RESOLUTION NO. 2025/167 DEVELOPMENT IMPACT FEE STUDY UPDATE
CONTRACT
H. RESOLUTION NO. 2025/168 CONSIDERATION OF BIDS FOR THE LIGHT EMITTING DIODE STREETLIGHT CONVERSION (P.W. 700-3)
I. RESOLUTION NO. 2025/16 9 SUPPLIES PURCHASE AGREEMENT WITH JAM
SERVICES LLP FOR STREETLIGHT FIXTURES AND MATERIALS PURCHASES IN THE AMOUNT OF $201,940.58
J. FIRST AMENDMENT TO THE HONEYWELL INTERNATIONAL INC. BUILDING PERFORMANCE SERVICE AGREEMENT IN THE AMOUNT OF $356,749
K. PURCHASE ORDER WITH THE GARLAND COMPANY, INC. UTILIZING CALIFORNIA MULTIPLE AWARD SCHEDULES COOPERATIVE PURCHASE AGREEMENT #4 -01- 56-006A FOR ROOFING MATERIALS IN THE AMOUNT OF $473,916.96 FOR THE
NICK RODRIGUEZ COMMUNITY/SENIOR CENTER ROOF REPLACEMENT PROJECT (P.W. 397-13)
L. PURCHASE ORDER FOR THE PURCHASE OF EIGHTEEN HEATING, VENTILATION,
AND AIR CONDITIONING UNITS FOR THE NICK RODRIGUEZ COMMUNITY/SENIOR
CENTER ROOFING PROJECT WITH SIGLER COMMERCIAL UTILIZING A
SOURCEWELL COOPERATIVE PURCHASE AGREEMENT IN THE AMOUNT OF $208,251
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
October 14, 2025 Page 9 of 15
M. RESOLUTION NO. 2025/170 FORMATION OF A COMMUNITY FACILITIES DISTRICT
FOR THE COWAN RANCH RESIDENTIAL PROJECT
N. RESOLUTION NO. 2025/1 71 APPROVE STAND OUT ACHIEVE AND RISE (SOAR) INTERNSHIP SUBAWARD TO RUBICON PROGRAMS ($478,773.66) WITH $150,000
FOR NONPROFIT/CBO HOST SITES
O. RESOLUTION NO. 2025/1 72 AMENDMENT TO THE FISCAL YEAR 2026
CALIFORNIA VIOLENCE INTERVENTION & PREVENTION (CALVIP) GRANT FUND BUDGET
P. RESOLUTION NO. 2025/1 73 APPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH K. ZELENKA CONSULTING TO PROVIDE ORGANIZATIONAL
EFFICIENCY IMPLEMENTATION SERVICES IN AN AMOUNT NOT TO EXCEED $245,000
Q. WARRANTS APPROVAL FROM THE AUGUST 26, 2025, CITY COUNCIL MEETING –
INFORMATION REQUEST OF CITY COUNCIL
On motion by Councilmember Wilson, seconded by Councilmember Rocha, the City Council members present unanimously approved the Council Consent Calendar with the exception of Items G, J, K, L, M, N, O, P and Q, which were removed for further discussion.
Item G – City Manager Scott introduced Consent Calendar Item G.
Councilmember Freitas stated he was in support of this item and challenged staff to review all fees, charges and assessments, and implement a process to increase them to the current status.
Executive Consultant Storer confirmed that staff would be looking at all development impact fees concurrent with this plan.
Andrew Becker inquired whether the land use designations outlined in the housing element were intended to be incorporated into the General Plan.
On motion by Councilmember Freitas, seconded by Councilmember Rocha the City Council members present unanimously approved Consent Calendar Item G.
Item J – City Manager Scott introduced Consent Calendar Item J.
Councilmember Rocha questioned why Consent Calendar Item J was separated out from other related items, when they were essentially the same project.
Eric Haynes questioned if the City bid out the service contract. He noted all documents for this work reference one project, and he believed it was intentionally broken up to avoid being subject to the Project Labor Agreement (PLA).
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
October 14, 2025 Page 10 of 15
Following discussion, Mayor Bernal recommended Consent Calendar Items J, K and L be continued so the City Attorney could provide a legal opinion on whether this project was in compliance with the citywide PLA.
A motion was made by Councilmember Freitas, seconded by Councilmember Rocha to continued Consent Calendar Item J, K and L to October 28, 2025, for legal review. There was no action taken on the motion.
Item K – No comment
Item L – Eric Haynes read the fiscal impact statement in the staff report, which he noted indicated that the project would fall under the PLA. He also expressed concern that there was no indication that the project had gone out to bid.
Lemuel del Castillo stated that if the city's goal was to encourage local contractors and support the local economy, he recommended reviewing Sourcewell awarded contracts.
On motion by Councilmember Rocha , seconded by Councilmember Freitas the City Council members present unanimously continue d Consent Calendar Item J , K and L to October 28, 2025.
Item M – City Manager Scott introduced Consent Calendar Item M.
Ralph A. Hernandez encouraged the City to require developers to pay for their public safety impacts.
Andrew Becker mentioned that the staff report showed an inaccuracy in the number of units, and he believed the resolution represented the true count. He stated he appreciated staff and the developer for the formation of the Community Facilities District (CFD).
Mayor Bernal questioned what the Homeowners Association (HOA) fees would be for this project.
Kyle Masters, Richland Communities, stated the estimated HOA fees were $75.00 - $100.00 and this CFD would include the infrastructure improvements offsite, onsite, impact and HOA fees. He confirmed they would annex into the City’s CFD and Lighting and Landscaping District to address maintenance of public facilities.
Councilmember Freitas stated he believed the CFD would more than adequately address police and fire services which ma de the housing attractive and would help provide financing over an extended period.
In response to City Manager Scott, staff verified that the resolution correctly identified the number of units.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
October 14, 2025 Page 11 of 15
On motion by Councilmember Freitas, seconded by Councilmember Rocha the City Council members present unanimously approved Consent Calendar Item M.
Item N – City Manager Scott introduced Consent Calendar Item N.
In response to Councilmember Freitas, Acting Public Safety & Community Resources Cabral explained that $150K of the $478K would be pass-through to non-profits and confirmed that the 10-passenger van was purchased.
On motion by Councilmember Rocha, seconded by Councilmember Wilson the City Council members present unanimously approved Consent Calendar Item N.
On motion by Councilmember Freitas, seconded by Councilmember Rocha the City Council members present unanimously extended the Council Meeting to 11:30 P.M.
Item O – City Manager Scott introduced Consent Calendar Item O.
In response to Councilmember Freitas, Acting Public Safety & Community Resources Cabral stated she was confident that the grant balance remaining would be spent by December.
On motion by Councilmember Freitas, seconded by Councilmember Wilson the City Council members present unanimously approved Consent Calendar Item O.
Item P – City Manager Scott presented the staff report dated October 14, 2025, recommending the City Council adopt the resolution.
Councilmember Freitas discussed the importance of the consultant provid ing a cost benefit analysis for all recommendations related to municipal service delivery.
On motion by Councilmember Rocha, seconded by Councilmember Wilson the City Council members present unanimously approved Consent Calendar Item P.
Item Q – City Manager Scott presented the staff report dated October 14, 2025, recommending the City Council discuss the approval of the Warrants and Housing Successor Warrants.
Councilmember Freitas requested that the Council discuss policy direction concerning the ability of the City Council and the public to review warrants prior to their payment.
City Manager Scott responded that she would bring back the item requested for discussion.
Andrew Becker apologized to the consultant noting it was not his intent to question her integrity or the work completed on behalf of the City. He commented that any consultant working several consecutive days and invoicing extensive hours for those days , speaks to the greater need in the community and lack of historical support for the program.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
October 14, 2025 Page 12 of 15
On motion by Councilmember Rocha , seconded by Councilmember Freitas the City Council members present unanimously received and filed Consent Calendar Item Q.
PUBLIC HEARING
6. VINEYARD CROSSING PROJECT (PD2024-0002)
City Manager Scott introduced Public Hearing Item #6.
Associate Planner Tinclair presented the staff report dated October 14, 2025, recommending the City Council adopt a resolution approving a Vesting Tentative Map for condominium purposes, Design Review and Density Bonus application.
Jessica H eidari, Bright Sky Residential, gave a PowerPoint Presentation of the Vineyard Crossing Project highlighting the project benefits and providing a background of their company.
She thanked the City Council for considering this item and requested they approve their project.
Ralph Hernandez spoke in opposition to the project, urging the City Council to hold off on approving further residential developments until existing infrastructure issues in Antioch were adequately addressed.
On motion by Councilmember Freitas, seconded by Councilmember Rocha, the City Council members present unanimously extended the Council Meeting to 12:15 P.M.
Mark Richard and Perry Ragusa, Antioch residents, expressed concern regarding unsafe traffic on Phillips Lane and requested the City install traffic calming measures in the neighborhood.
Eric Haynes, Business Representative S heetmetal Workers Local 104, and Adrian, Antioch resident, spoke in support of the project.
Andrew Becker recommended that in the future, the City Council suspend the rules to advance the Public Hearing earlier in the agenda. He encouraged the previous speakers to contact Public Works to discuss installing traffic calming measures in the ir neighborhood. He also mentioned the hope that the City would develop traffic impact fees to help mitigate such issues. Additionally, he spoke in support of the project, suggesting that the City target state and federal funds to build more communities like this one and use it as a model for replication across the city.
Melissa Case recognized the developer for taking notes of the residents’ concerns and spoke in support of the project.
An unidentified individual questioned why his landlord was restricted from renting out the main unit and ADUs to tenants who were not related, while th is project had different rules. He also expressed a preference for more duplexes rather than ADUs.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
October 14, 2025 Page 13 of 15
Charles McKeag, BrightSky Residential, thanked staff for their assistance with their projects. He appreciated all comments and noted they were excited to partner with the City and to bring unique living opportunities to Antioch. He spoke to the success of their project in Vacaville.
Mayor Bernal closed the public hearing.
Councilmember Freitas requested a coordinated effort between staff and the community to develop solutions for the traffic conditions on Phillips Lane.
Councilmember Wilson spoke in support of the project.
Councilmember Rocha explained the provisions of SB330 and spoke in support of the project.
Mayor Bernal spoke in support of this project.
RESOLUTION NO. 2025/174
On motion by Councilmember Rocha, seconded by Councilmember Wilson the City Council members present unanimously adopted a resolution approving a Vesting Tentative Map for condominium purposes, Design Review and Density Bonus application.
COUNCIL REGULAR AGENDA
7. GEOLOGIC HAZARD ABATEMENT DISTRICTS
City Manager Scott introduced Council Regular Agenda Item #7.
Public Works Director/City Engineer Buenting introduced Eric Harrell, ENGEO who presented the staff report dated October 14, 2025, recommending the City Council receive and file this presentation on Geologic Hazard Abatement Districts.
On motion by Councilmember Freitas, seconded by Councilmember Rocha, the City Council members present unanimously extended the Council Meeting to 12:30 P.M.
A representative of the Cowan Ranch Project explained that this was a financing tool to deal with any geologic hazards that may occur in the area. He reported they would be coming forward with the organizational documents in 6 months.
On motion by Councilmember Freitas, seconded by Councilmember Wilson, the City Council members present unanimously received and filed the presentation.
8. L STREET PATHWAY TO TRANSIT (P.W. 234-15 AND P.W. 234-16)
City Manager Scott introduced Regular Agenda Item #8.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
October 14, 2025 Page 14 of 15
Public Works Director/City Engineer Buenting presented the staff report dated October 14, 2025, recommending the City Council adopt a resolution approving to split the L Street Pathway to Transit Project into two projects.
Lemuel del Castillo, Bike East Bay , expressed concern regarding the design of the project related to bicycle safety. He requested the Parks and Recreation review any projects that include transportation improvements.
Councilmember Freitas provided a history of the Delta Veteran’s Groups efforts to develop a. project on surplus property along “L” Street. He recommended the C ity Manager work with JR Wilson to bring that item back to Council for consideration.
In response to Councilmember Wilson, Public Works Director/City Engineer Buenting explained that there would be a separated bike lane in the second phase of this work between the High School and Fairgrounds; however, there was not enough roadway between Sy camore and the Freeway to provide that feature.
Mayor Bernal expressed concern that the estimated budget for this project with fixed grant funding would not be enough to complete the project.
Public Works Director/City Engineer Buenting stated he was confident that they would stay within the budget for the first phase and, he was fairly confident there would be enough for the second phase and if not, they would come back to Council to have a discussion on alternative funding sources.
Councilmember Freitas directed staff to work with the Veteran’s Blvd representatives and come back to make a presentation to the City Council.
RESOLUTION NO. 2025/175
On motion by Councilmember Freitas, seconded by Councilmember Rocha, the City Council members present unanimously adopted a resolution approving to split the L Street Pathway to Transit Project into two projects.
9. DISCUSSION OF CITY COUNCIL MEETING THAT FALLS ON VETERAN’S DAY HOLIDAY – TUESDAY, NOVEMBER 11, 2025
City Manager Scott presented the staff report dated October 14, 2025, recommending the City Council discuss the scheduled City Council meeting that falls on Veteran’s Day this year and provide direction to staff for both November council meetings.
Following discussion, the City Council agreed to reschedule the November 11 and 25, 2025 City Council meetings. The dates and times selected were 7:00 P.M. on November 4 and 20, 2025.
PUBLIC COMMENT - None
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
October 14, 2025 Page 15 of 15
STAFF COMMUNICATIONS
City Manager Scott recognized staff for the successful rollout of the new city website and announced that a newsletter would be posted soon. She also commended the City Attorney’s office for their efforts in clearing the contract backlog. Additionally, she reported that the Community and Economic Development Department had developed a dashboard displaying their activities. She mentioned that the 90-day list had been updated, distributed to Council and encouraged Council members to provide any updates to staff. Furthermore, sh e reported that the Public Information Officer Baird had developed a departmental bi -monthly report template that includes key performance indicators and updates for each department.
Mayor Bernal requested the dashboard and reports be placed on the city’s website and he thanked Public Information Officer Baird for developing the report.
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS
Mayor Bernal announced the City would be holding a Special Joint General Plan Kick-off Meeting of the City Council and Planning Commission at 6:00 P.M. on October 21, 2025, at the Antioch Community Center.
ADJOURNMENT
On motion by Councilmember Rocha, seconded by Councilmember Wilson the City Council members present unanimously adjourned the meeting at 12:39 A.M.
Respectfully submitted:
Kitty Eiden
KITTY EIDEN, Minutes Clerk
CITY COUNCIL AND PLANNING COMMISSION
SPECIAL JOINT MEETING
STUDY SESSION
Special Meeting October 21, 2025
6:00 P.M. Antioch Community Center
6:00 P.M. – SPECIAL MEETING/STUDY SESSION
Mayor Bernal called the Special Meeting to order at 6:05 P.M., and City Clerk Mandy called the roll.
Present: Council Members District 1 Torres -Walker, District 3 Freitas, District 4 Wilson, Mayor Pro Tem (District 2) Rocha and Mayor Bernal Commissioners Spijker, Suman, Martin, Riley, Perez, Vice Chairperson Jones, Chairperson Webber
PLEDGE OF ALLEGIANCE
Mayor Bernal led the Pledge of Allegiance.
STUDY SESSION
1. GENERAL PLAN DISCUSSION
Director of Information Systems Helfenberger introduced the Study Session General Plan Discussion.
Director of Community and Economic Development Seal introduced Planning staff and the consultant, thanked staff who facilitated the meeting and gave introductory comments.
Beth Thompson, De Novo Planning Group presented the staff report dated October 21, 2025, recommending the City Council and Planning Commission hear the presentation from De Novo Planning Group regarding the General Plan Update process and Provide staff and the consultant with input regarding priorities for the General Plan Update.
Andrew Becker believed it would have been more appropriate to hear public comment after the City Council and Planning Commission responded to questions. He identified three critical issues: understanding the City's historical financial challenges and planning for development to address past program deficiencies; addressi ng land use alternatives for properties with special plan or focus area designations; and examining why the transit area along Highway 4 was overlooked. He also expressed concern that the Ci ty was unable to clearly indicate to speakers when their allocated speaker time ended.
B
11-20-25
ANTIOCH CITY COUNCIL
PLANNING COMMISSION
Special Joint Meeting
October 21, 2025 Page 2 of 8
Jacqueline Higgins, Antioch resident, questioned when the previous General Plan was adopted.
Councilmember Freitas responded it was adopted in 2003.
Juan Pablo Galvan Martinez, Save Mount Diablo, thanked the City for the presentation.
He stated he looked forward to engaging in the General Plan process and expressed interest in meeting with all stakeholders to learn about their views and discuss ideas.
Susan Austin stated she believed the most critical issue was addressing the needs for community services in the lower income areas of the City as well as improving transportation. She committed to working to see this process through.
Councilmember Freitas suggested that the City review the current General Plan to identify its successes and failures, using this assessment to guide the new plan. He commented that the new General Plan should be flexible and adaptable to legislative changes.
Additionally, he recommended a process to review the plan every 60-75 days to allow for amendments if necessary.
Question 1 - What are the top three most critical issues or opportunities you believe this General Plan Update must address to best serve Antioch’s future?
Councilmember Freitas emphasized the importance of establishing a practical General Plan that includes clear, measurable success metrics evaluated quarterly. Additionally, fostering ongoing engagement among elected officials, appointed officials, local agencies, and special dis tricts was crucial. The plan should also effectively incorporate the priorities of the Planning Commission, City Council, and community stakeholders.
Commissioner Jones concurred with Councilmember Freitas on the importance of community and local agency engagement. Additionally, she highlighted her key issues and opportunities as land use, economic development, housing, and public facilities.
Commissioner Martin also concurred with Councilmember Freitas, emphasizing that flexibility was essential to allow the plan to adapt to evolving policies at the state and federal levels. Furthermore, he identified the jobs/housing balance as a critical issue.
Councilmember Torres -Walker thanked staff for the presentation and expressed her agreement with Councilmember Freitas. She identified her most critical issues as public services, economic development, and access to affordable housing. She emphasized that the General Plan should address future growth, zoning, and development. She also concurred that a formal process for reviewing the General Plan should be established to accommodate the city's ongoing growth and changes.
ANTIOCH CITY COUNCIL
PLANNING COMMISSION
Special Joint Meeting
October 21, 2025 Page 3 of 8
Commissioner Suman responded that his most critical issue and opportunity was exploring outside funding sources to support the development of housing for mid - and low-income residents.
Councilmember Wilson mentioned that her most critical issues and opportunities included developing an organic and adaptable General Plan, facilitating interactive community discussions, maintaining a balanced approach to jobs and housing, promoting economic vitality, avoiding settling for projects, and focusing on environmental development along with the 8-80 plan. She thanked the consultant for the presentation.
Commissioner Riley highlighted that his most critical issues and opportunities included developing amenities for children and teenagers such as gyms, parks, or sports facilities and creating a localized jobs force. He also emphasized exploring industry opportunities along Wilbur Avenue and enhancing transportation infrastructure to support these initiatives.
Councilmember Rocha identified his most critical issues and opportunities as addressing high-density development, maintaining a balanced approach between jobs and housing, promoting economic growth, and ensuring fiscal sustainability.
Councilmember Freitas added that other critical issues and opportunities include d developing a plan to address emerging technologies such as AI, as well as focusing on improving quality of life and promoting economic development throughout Antioch.
Commissioner Spijker stated that his most critical issues and opportunities were affordable housing, quality of life, economic development, maintaining a jobs/housing balance, and ensuring flexibility to adapt to future changes.
Commissioner Perez responded that her most critical issues and opportunities were fostering small business growth and expanding affordable housing options.
Chairperson Webber responded that his most critical issues and opportunities include d analyzing past efforts to identify what did not work and establishing what was attainable and realistic moving forward. He also supported revisiting the General Plan periodically to ensure the city remained on track. Additionally, he emphasized that the City should be viewed as an opportunity for developers. He suggested land use designations may need to be revised to meet state and federal mandates and encourage business and industry growth. Lastly, he discussed the importance of upholding strong business code enforcement standards.
Mayor Bernal stated that he was encouraged by the involvement of the Council and Planning Commissioners in th is process. He acknowledged this meeting as Commissioner Martin’s final meeting as a Planning Commissioner and thanked him for his service. He provided a historical perspective on the previous General Plan process.
ANTIOCH CITY COUNCIL
PLANNING COMMISSION
Special Joint Meeting
October 21, 2025 Page 4 of 8
He responded that his most critical issues and opportunities include d developing a realistic approach to funding the city's desired changes, ensuring opportunities for all areas of Antioch, creating a comprehensive transportation, bicycle, and pedestrian plan, planning for future housing needs and developing a unique plan that aligned with regional plans and goals.
Councilmember Torres-Walker added that establishing partnerships with landowners to develop vacant parcels and creating opportunities for developers to align property development with Antioch's economic needs were important factors in the planning process.
Councilmember Wilson agreed with Councilmember Torres -Walker and suggested that building relationships with commercial brokers could help advance projects that would benefit the City.
Ms. Thompson appreciated the thoughtful responses and highlighted the focus on economic development and housing requirements mandated by the state.
Question 2 – Are there any specific geographic areas or corridors within Antioch (e.g., the waterfront, specific commercial districts, a neighborhood) that you feel require special attention of a focused vision during this process?
Councilmember Wilson suggested that her specific geographic focus areas or corridors that should be prioritized were the Lone Tree Way corridor, Deer Valley Road Kaiser area, and infill areas.
Councilmember Rocha responded that his specific geographic focus areas or corridors would be Somersville Road and Delta Fair Boulevard.
Councilmember Torres-Walker stated that her specific geographic focus areas included “A” Street and East 18th Street, the Sycamore corridor, Wilbur Avenue, the Marina and waterfront areas, Somersville Road and Delta Fair Boulevard, as well as green empowerment and opportunity zones, along with the highest -need areas identified by census data.
Councilmember Freitas stated that his specific geographic areas of focus were the entryways into Antioch, including areas related to water, rail, and emerging new technologies.
Commissioner Jones suggested that the General Plan should include remedies for areas that are underdeveloped. She also stated that her geographic focus areas were “A” Street and locations designated for an experienced-based business activity center.
ANTIOCH CITY COUNCIL
PLANNING COMMISSION
Special Joint Meeting
October 21, 2025 Page 5 of 8
Commissioner Perez stated that her geographic focus areas included the Deer Valley Road Shopping Center, Delta Fair Boulevard, and Somersville Road/Somersville Towne Center, with a focus on transitioning vacant areas into experience-based businesses.
Commissioner Riley suggested that the City should ensure the use of native plants and pollinators in landscape plans, as well as incorporating pollinator fly-aways.
Commissioner Suman stated that his specific geographic focus areas were the Deer Valley Plaza Shopping Center, Delta Fair Boulevard, and the AMTRAK station.
Commissioner Martin mentioned that there had been a decrease in demand for retail, and vacant areas needed to be reimagined to meet new market demands. He identified his specific geographic focus areas as the light industrial zones north of Slatten Ranch.
Additionally, he emphasized the potential for coordinating businesses to support and strengthen existing business communities.
Councilmember Freitas expressed support for mixed commercial development, particularly in downtown Antioch and at Deer Valley Plaza.
Commissioner Spijker stated that his geographic focus areas included the entryways into the City, as well as mixed commercial and residential zones, along with entertainment venues downtown. He also mentioned the possibility of creating a mechanism to assist residents who lived in aging housing.
Chairperson Webber stated that his geographic area of focus was mixed -use development in the Somersville Road area.
Mayor Bernal suggested packaging larger areas such as Somersville Towne Center , Delta Fair Boulevard at Buchanon Road, Slatten Ranch and the Waterfront.
Councilmember Torres-Walker stated that her geographic focus areas included formerly neglected properties such as the Sycamore area, “A” Street, and East 18th Street. She emphasized the importance of developing an economic development strategy to advance projects in these areas. Additionally, she discussed involving the Antioch Unified School District in discussions regarding the use of their land.
Mayor Bernal declared a recess at 8:20 P.M. The meeting reconvened at 8:36 P.M. with all Councilmembers and Planning Commissioners present.
Question 3 – Beyond fulfilling state requirements, what key achievement or outcome will define this General Plan Update as a success for the City of Antioch?
Commissioner Riley defined success by citing two key indicators: the creation of local jobs and the provision of entertainment and recreational opportunities for residents.
ANTIOCH CITY COUNCIL
PLANNING COMMISSION
Special Joint Meeting
October 21, 2025 Page 6 of 8
Commissioner Perez highlighted key indicators of success includ ing local jobs, entertainment opportunities, affordable housing, a vibrant downtown area, and thriving shopping centers.
Commissioner Jones stated she would like to see measurable outcomes that align ed goals with available resources and a focus on supporting experience-based businesses for the community.
Commissioner Suman expressed a desire to see an increase in the number of businesses, restaurants, and employers, as well as the reopening of previously closed businesses. Additionally, he supported expanding entertainment and dining experiences.
Councilmember Freitas stated that generational metrics, reimagining spaces, and defining successes were important considerations.
Councilmember Rocha stated that developing policies to encourage the reuse or repurposing of existing underutilized properties was an important strategy for community development.
Councilmember Torres -Walker emphasized the importance of establishing a clear process or review mechanism for the General Plan to assess whether the community perceived it as successful.
Commissioner Jones suggested that a starting point could be reviewing existing General Plan amendments, conditional use permits, and rezoning requests in order to identify areas where proactive measures could be taken to prevent future issues and better align development with community goals.
Chairperson Webber stated that business growth without the need for any incentives would be a key measure of success.
Commissioner Spijker stated that developing a clear vision and guide for the development of available land would serve as an important measure of success. Additionally, he emphasized the need to establish a priority list to effectively guide future development efforts and ensure alignment with community goals.
Commissioner Martin stated that the General Plan should include realistic goals and emphasized the importance of updating the zoning map to ensure it aligned with the goals and policies outlined in the General Plan.
Councilmember Wilson stated that the General Plan should identify what was missing in the region and outline how Antioch c ould respond to those needs. She also felt that the plan should realistically define Antioch’s vision for the future.
ANTIOCH CITY COUNCIL
PLANNING COMMISSION
Special Joint Meeting
October 21, 2025 Page 7 of 8
Mayor Bernal stated that the General Plan need ed to include realistic and attainable short-term actions, should be easy to understand with a simple summary, and must be a living document. Additionally, he emphasized that it should be a holistic plan that benefited the entire community.
Councilmember Freitas added that the General Plan should focus on developing achievable opportunities for success, ensuring realistic and attainable goals that can be effectively realized by the community.
Mayor Bernal added that he wanted a unique General Plan that actively engage d the community and served as a standard for the future development and growth of the area.
On motion by Councilmember Freitas, seconded by Councilmember Torres -Walker the City Council and Planning Commission unanimously extended the meeting to 9:15 P.M.
Ms. Thompson recommend ed the City Council and Planning Commission provide direction on whether a General Plan Advisory Committee (GPAC) should be established, and if so, the preferred model for Antioch.
Councilmember Freitas stated that he supported the appointment of at least two members of the City C ouncil to the GPAC. Additionally, he favored creating a Technical Advisory Committee (TAC) to facilitate occasional joint discussions. He also suggested that two members of the Planning Commission could be appointed to the CPAC, along with 6-8 additional community representatives, to ensure diverse community input.
In response to Council, Ms. Thompson summarized the functions of the GBAC and the TAC. She explained that typically city staff developed the GPAC application process and her organization prepare d the staff reports and meeting materials. She also noted that formal minutes were generally not produced, with consultants summarizing the group's direction instead.
Commissioner Jones spoke in support of the GPAC formation as previously described.
On motion by Councilmember Freitas, seconded by Councilmember Torres -Walker the City Council and Planning Commission unanimously created General Plan Advisory Committee (GPAC) consisting of two members of the City Council appointed by the Mayor and two members of the Planning Commission chosen by the Planning Commission and seven members of the General Public.
Ms. Thompson thanked the City Council and Planning Commission for their time , input and enthusiasm.
ANTIOCH CITY COUNCIL
PLANNING COMMISSION
Special Joint Meeting
October 21, 2025 Page 8 of 8
Councilmember Freitas mentioned that he enjoyed the joint meeting with the Planning Commission and took a moment to recognize Commissioner Martin’s final meeting as a Planning Commissioner, thanking him for his years of dedicated service.
ADJOURNMENT
On motion by Commissioner Martin, seconded by Councilmember Torres-Walker, the City Council and Planning Commission unanimously adjourned the meeting at 9:16 P.M.
Respectfully submitted:
Kitty Eiden
KITTY EIDEN, Minutes Clerk
CITY COUNCIL MEETING
INCLUDING THE ANTIOCH CITY COUNCIL
ACTING AS HOUSING SUCCESSOR
TO THE ANTIOCH DEVELOPMENT AGENCY
Regular Meeting October 28, 2025
7:00 P.M. Council Chambers
7:00 P.M. REGULAR MEETING
Mayor Bernal called the meeting to order at 7:01 P.M., and City Clerk Mandy called the roll.
Present: Council/Agency Members District 3 Freitas, District 4 Wilson, Mayor Pro Tem (District 2) Rocha and Mayor Bernal
Absent: Council/Agency Member District 1 Torres-Walker
PLEDGE OF ALLEGIANCE
Mayor Bernal led the Pledge of Allegiance.
PUBLIC COMMENTS
Ralph Hernandez emphasized the need to increase staffing levels to improve police response and public safety. He shared that he personally apprehended the suspect involved in a home invasion at his residence. He also mentioned his connections with clans.
Sharon Sobel Idul, Black Diamond Ballet, invited the community to attend their production of the Nutcracker on December 5 - 14, 2025, at the El Campanil Theatre.
Melissa Case reported on her attendance at a Homeless Workshop and acknowledged staff for hosting the event. She wished a community member a Happy Birthday.
Debbie Blaisure, Downtown Antioch Association, invited the community to a Neighborhood Cleanup event in downtown Antioch on November 8, 2025. She also announced plans to establish a schedule for future cleanup events, along with signups for Business Watch and a beautification project.
1. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
Captain Bittner, Director of Parks and Recreation Wright and JR Wilson announced the following civic and community events:
➢ Antioch Police Department Halloween – October 31, 2025, at 300 L Street ➢ Dia de Los Muertos – November 1, 2025 at the Nick Rodriguez Community Center ➢ Veteran’s Day Ceremony and Parade – November 11, 2025, at the Antioch Veterans Memorial, Antioch Marina
C
11-20-25
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
October 28, 2025 Page 2 of 11
➢ Contra Loma Estates Park Ribbon Cutting – November 15, 2025, at the Corner of Mahogany Way & Manzanita Way
2. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
City Clerk Mandy announced the following Board and Commission openings.
➢ Antioch Police Oversight Commission
➢ Board of Administrative Appeals
➢ Parks and Recreation Commission
➢ Contra Costa County Library Commission
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
Councilmember Wilson announced Delta Diablo would be meeting on October 29, 2025.
Councilmember Rocha reported on his attendance at the City/School Standing Committee meeting and encouraged the public to participate in their community survey.
Mayor Bernal reported on his attendance at the C ontra Costa County Transportation Authority Board meeting and TRANSPLAN Committee meeting.
MAYOR’S COMMENTS
Mayor Bernal reported on his attendance at several events. He recognized various agencies and non-profit organizations for the work they were doing in the community.
3. PRESENTATIONS
Mark Foley, District 2, President, gave the BART Role in the Region Presentation.
Councilmember Freitas encouraged Mr. Foley to participate in the General Plan update discussions. He mentioned to increase ridership; BART needed to communicate to the community that they were addressing public safety.
Councilmember Wilson suggested BART work with the community colleges on specialized fares for students and requested express service to San Francisco Airport. .
Councilmember Rocha spoke in support of the summer BART pass program for students.
In response to Mayor Bernal, Mr. Foley announced BART would be holding a budget workshop on November 13, 2025, and emphasized that failure to pass SB63 could result in layoffs, station closures, elimination of certain lines, and a reduction of hours of operation.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
October 28, 2025 Page 3 of 11
Councilmember Freitas reported that Assemblywoman Wilson gave a presentation to the BART Board of Directors, and currently, there were no plans in place to address budget shortfalls if SB63 did not pass.
Mayor Bernal requested Mr. Foley provide an update on CORE services for BART riders and a BART update in early 2026.
Lieutenant Whitaker gave the Public Safety Cameras Update.
In response to Mayor Bernal, Lieutenant Whitaker stated that they planned to expand the video camera program and replace non-working cameras. He also confirmed that requiring developers to install security cameras at points of ingress and egress in new developments would benefit the community.
Mayor Bernal requested staff investigate the possibility of requiring new developments to install cameras at appropriate locations and ensure accessibility for the Antioch Police Department.
Councilmember Rocha requested a future presentation on red light/speed cameras.
4. CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency
A. APPROVAL OF COUNCIL SPECIAL MEETING/CLOSED SESSION MINUTES FOR SEPTEMBER 22, 2025
B. APPROVAL OF COUNCIL MEETING MINUTES FOR SEPTEMBER 23, 2025
C. APPROVAL OF COUNCIL MEETING MINUTES FOR OCTOBER 14, 2025
D. APPROVAL OF COUNCIL WARRANTS
E. APPROVAL OF HOUSING SUCCESSOR WARRANTS
F. REJECTION OF CLAIM: DANIEL PAUL
G. RESOLUTION NO. 2025/ 176 TO SUMMARILY VACATE SURPLUS PORTIONS OF
PARK TRAIL EASEMENT AND AUTHORIZE THE CITY MANAGER TO EXECUTE
ANY ADDITIONAL DOCUMENTS TO QUITCLAIM TO THE UNDERLYING FEE OWNER, FOR THE HILLCREST SUMMIT APARTMENTS (P.W. 731)
H. PURCHASE OF TWENTY -THREE 2026 REPLACEMENT VEHICLES AND SIX NEW - TO-FLEET 2026 VEHICLES UTILIZING COOPERATIVE PURCHASE AGREEMENTS IN THE AMOUNT OF $2,034,000
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
October 28, 2025 Page 4 of 11
I. RESOLUTION NO. 2025/ 177 TO SUMMARILY VACATE THE 10 FOOT PUBLIC
UTILITY EASEMENT AREA AND AUTHORIZE THE CITY MANAGER TO EXECUTE
ANY ADDITIONAL DOCUMENTS TO QUITCLAIM TO THE UNDERLYING FEE
OWNER FOR THE DEVELOPMENT BY MARTIN DEER VALLEY LLC, APARTMENTS
AT LONE TREE WAY, COUNTRY HI LLS DRIVE, AND DEER VALLEY ROAD PROJECT (P.W. 730)
J. ASSOCIATION OF INSPECTORS (AIG) ANNUAL TRAINING CONFERENCE – COUNCIL OVERNIGHT TRAVEL TO SAN DIEGO, CA ON NOVEMBER 11-13, 2025
K. NATIONAL ASSOCIATION FOR CIVILIAN OVERSIGHT OF LAW ENFORCEMENT (NACOLE) – CITY COUNCIL OVERNIGHT TRAVEL TO MINNEAPOLIS, MN ON OCTOBER 26-30, 2025
On motion by Councilmember Rocha, seconded by Councilmember Freitas, the City Council members present unanimously approved the Council Consent Calendar with the exception of Item H, which was removed for further discussion.
Item H – Acting City Manager Merchant announced staff was recommending Consent Calendar Item H be continued to allow staff to provide an updated staff report.
Councilmember Freitas requested that the remaining balance be reported when money was withdrawn from a particular fund.
In response to Councilmember Freitas, Acting City Manager Merchant confirmed that the new purchases were an allowable use of development impact fee funds.
On motion by Councilmember Wilson, seconded by Councilmember Rocha the City Council members present unanimously continued Consent Calendar Item H.
PUBLIC HEARING
5. SLATTEN RANCH TOWNHOMES PROJECT (TM-01 AND AR-23-01) (Continued from September 23, 2025, Council Meeting)
Assistant City Attorney Kundinger clarified that the public hearing was opened and closed at the September 23, 2025, City Council meeting, so there w ould be three minutes allocated for all public comments this evening.
Acting City Manager Merchant introduced Public Hearing Item #5.
Planning Manager Merideth presented the staff report dated October 28, 2025. The Planning Commission recommends that the City Council adopt a resolution approving Vesting Tentative Subdivision Map and Design Review for the Slatten Ranch Townhomes Project.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
October 28, 2025 Page 5 of 11
Ralph Hernandez spoke in opposition to the Slatten Ranch Project due to its negative impact on police services.
Jesse Lester, U.A. Local 159 Plumbers and Steam Fitters, representing members of unions and Contra Costa Residents for Reasonable Development reiterated his previous concerns related to this project.
Alaura McGuire, Contra Costa Residents for Responsible Development, explained that their comments on this project demonstrated that it may result in health impacts from construction and operational activities. She reported they had responded to a letter from the applicant’s counsel regarding their concerns.
Daniel Golub, Legal Counsel representing the project applicant, reported that they had submitted a letter outlining the merits of the project. He emphasized that as a housing element site, disapproving the project or imposing impermissible conditions, including disapproving the California Environmental Quality Act (CEQA) exemption, would be unlawful. Additionally, he stated there were no legitimate issues concerning the environmental review, as city experts confirmed there were no unaddressed impacts in the EIR. He also noted that challenges from project opponents did not demonstrate any peculiar environmental impacts.
Melissa Case questioned the legitimacy of this developer.
Executive Consultant Storer commented that the Planning Commission and staff concurred with the applicant’s comments related to CEQA disposition. He reported that the Council adopted nexus fees in 2014 based on service standards from the General Plan, so their actions were consistent with the General Plan.
In response to Councilmember Freitas, Planning Manager Merideth explained that the traffic analysis was based on the current CEQA standard of vehicle miles traveled (VMT), which had also been included in the consistency memo. She noted that the General Plan included level of service standards, which was why a transportation impact analysis was conducted separately from CEQA. She noted that analysis led to the addition of conditions of approval related to traffic signal and turn pocket improvements.
Councilmember Freitas responded that even with the proposed conditions, there would still be gridlock on Empire Road. He also expressed concern for children's safety regarding egress and ingress points located immediately adjacent to the children's playground.
Councilmember Rocha expressed concern that SB330 requirements had invalidated Council’s concerns and requested the applicants show consideration for these items.
In response to Councilmember Wilson, Mr. Golub stated that state law require d opponents to demonstrate that there were specific impacts peculiar to the project and there was no evidence indicating that this project would pose any such impacts. He further emphasized that this was a standard residential subdivision on a site zoned for this type of development, and the project
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
October 28, 2025 Page 6 of 11
had been established as consistent with all the standards set forth by the City’s General Plan and zoning regulations.
Councilmember Wilson stated it was unfortunate that the applicant had not addressed the concerns raised by the community.
Mr. Golub responded that several conditions of approval for this project went beyond compliance with existing standards. He stated that all objective standards had been addressed. He also noted that they were open to continuing to work with the City moving forward.
Executive Consultant Storer agreed that the objective design standards had been met; however, they had not discussed whether there were other matters that the applicant could assist with.
Dana Tsubota, DeNova Homes, noted that the project was submitted over two years ago, and during that time, they had undergone detailed analysis with staff, incorporating the plans, engineering details, and comments received. She further stated that if there were any other concerns, they were open to further discussions; however, their work was limited by the City’s objective standards.
Executive Consultant Storer suggested there would be an opportunity to work with the applicant on the improvement plans to address any design features and potentially lessen the impacts identified, after the project was approved and before a building permit was requested.
Mayor Bernal commented that although this item underwent a two -year process, it had only recently been brought to the City Council for consideration. He questioned why this developer was not required to provide the center median along Empire Avenue since all the other projects in the area had been required to do so. He requested adding a condition of approval requiring the project to pay their proportionate share of roadway improvements on Empire Avenue from Wicklow Way to their northern frontage.
Mr. Golub acknowledged the proposal but expressed concerns regarding its cost and questioned whether there is a clear connection or proportionality between the project’s impacts.
Mayor Bernal declared a recess at 8:42 P.M. The meeting reconvened at 9:07 P.M. with all Councilmembers present with the exception of Councilmember Torres -Walker who was previously noted as absent.
Interim City Attorney Cole reported that Council could consider adding a general condition requiring road and median improvements, subject to approval by the City Engineer in consultation with the City Attorney. He noted they would then work with the applicant to minimize impacts and address nexus concerns. He further noted that as a general matter, requiring a median to be improved as a condition for development would be within nexus requirements.
Mayor Bernal stated that the developer should either construct or pay their proportionate share of one half of an arterial standard.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
October 28, 2025 Page 7 of 11
Mr. Golub stated they were committed in good faith to work with Council and staff. He commented that the time for informing them that there was an objective standard related to this issue had passed.
Executive Consultant Storer responded that he had mentioned there was an arterial design standard.
Mr. Golub stated that they would object if the requirement did not meet nexus and proportionality standards, and if it lacked fairness compared to other similarly situated properties. He also raised concerns related to the Mitigation Fee Act, Housing Accountability Act, and Housing Element Law. However, he reiterated their willingness to work with staff.
RESOLUTION NO. 2025/178
On motion by Mayor Bernal, seconded by Councilmember Rocha the City Council adopted the resolution approving Vesting Tentative Subdivision Map and Design Review for the Slatten Ranch Townhomes Project with the addition of the following condition of approval:
➢ That the developer is required to improve Empire Avenue to one half of an arterial standard for the length of the frontage on Empire Avenue from Wicklow Way to the northern property line of the project, as approved by the City Engineer in consultation with the City Attorney.
The motion carried the following vote:
Ayes: Rocha, Wilson, Bernal Noes: Freitas Absent: Torres-Walker
6. WILDFLOWER STATION TOWNHOMES 2 MULTIFAMILY RESIDENTIAL PROJECT (TM-02 AND AR-23-05) (Continued from September 23, 2025, Council Meeting)
Acting City Manager Merchant introduced Public Hearing Item #6.
Planning Manager Merideth presented the staff report dated October 28, 2025. The Planning Commission recommends that the City Council adopt a resolution approving a Vesting Tentative Subdivision Map and Design Review. She announced they had sent out a supplemental attachment (attachment A, exhibit C) for the project on October 27, 2025, and it had been posted online.
Ralph Hernandez expressed opposition to the Wildflower Station Townhomes Project, citing concerns about its negative impact on police services.
Alaura McGuire, Contra Costa Residents for Responsible Development, explained that their comments indicated the project could lead to health impacts during construction and operations.
She reported they had responded to a letter from the applicant’s counsel regarding their concerns.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
October 28, 2025 Page 8 of 11
Jesse Lester, U.A. Local 159 Plumbers and Steam Fitters, representing members of unions and Contra Costa Residents for Reasonable Development, reiterated his previous concerns related to this project.
Daniel Golub, Legal Counsel representing the project applicant, stated that the same issues related to the Housing Element Law, Housing Accountability Act, and other state laws applied to this project as with the previous one. He affirmed that the existing analysis by the City’s experts was sufficient and that a new EIR was not necessary. Additionally, he noted that the project was fully exempt from CEQA under AB 130. In response to community comments, he mentioned that they were willing to fence and gate the property.
Councilmember Wilson expressed concern that the commercial portion of the project had been removed from this plan.
Planning Manager Merideth responded that this site was rezoned to housing as part of the Housing Element Update in January 2023.
A motion made by Councilmember Rocha and seconded by Mayor Bernal to adopt a resolution approving a Vesting Tentative Subdivision Map and Design Review failed by the following vote:
Ayes: Rocha, Bernal Noes: Wilson, Freitas Absent: Torres-Walker
Interim City Attorney Cole reported that the motion did not carry; however, it did not preclude Council from continuing the item until a full Council was present.
On motion by Mayor Bernal, seconded by Councilmember Rocha the City Council members present unanimously continued the Public Hearing to November 4, 2025.
7. DEVELOPER INCENTIVES FOR ACCESSIBLE UNITS (LA2025-0001)
City Clerk Mandy read the speaker rules for the Public Hearing.
Acting City Manager Merchant introduced Public Hearing Item 7.
Assistant Planner Boyd presented the staff report dated October 28, 2025, recommending the City Council introduce by title only and waive further reading of the ordinance to adopt text amendments adding Title 9, Chapter 5, Article 43 to the Antioch Municipal Code, Developer Incentives for Accessible Units.
Mayor Bernal opened and closed the public hearing with no members of the public requesting to speak.
In response to Council, Planning Manager Merideth and Assistant Planner Boyd explained the tiered incentives.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
October 28, 2025 Page 9 of 11
Councilmember Freitas expressed that there was no nexus between the revised front setback requirements and an increase in interior spaces. He also voiced concerns about the modified requirements for common open space and covered parking. Additionally, he was concerned that a developer might build the project to receive incentives and then sell it, resulting in the benefits not being realized . He stated that he would support an agreement to maintain the units in perpetuity and commended Assistant Planner Boyd on the comprehensive report.
Mayor Bernal expressed concern that the incentives might lead to a reduction in amenities for a population that could benefit from more of them. He also expressed concern regarding the cumulative nature of imposing incentives in addition to those already being imposed by state density bonus laws.
Assistant Planner Boyd explained that this item presented a menu of options that could be modified, and that application s would be reviewed by the Zoning Administrator, Planning Commission, and/or City Council, giving them discretion over the incentives selected.
Following discussion, Council consensus supported bringing this item back to a Joint Study Session of the City Council and Planning Commission. They also requested the Housing Element be incorporated into the discussion.
On motion by Councilmember Freitas, seconded by Councilmember Wilson the City Council members present unanimously directed staff to bring this item back for a Study Session along with a Housing Element discussion during the first quarter of 2026 at a Joint City Council / Planning Commission meeting on the third Tuesday of the month.
Mayor Bernal thanked staff for the presentation.
COUNCIL REGULAR AGENDA
8. PARCEL MAP FOR LONE TREE RETAIL AND APARTMENTS (P.W. 327-301-25)
Acting City Manager Merchant introduced Council Regular Agenda Item #8.
Public Works Director/City Engineer Buenting presented the staff report dated October 28, 2025, recommending the City Council adopt a resolution approving a Final Map for the Lone Tree Retail and Apartments Project.
In response to Councilmember Freitas, Andrew Little explained the second parcel map showed the easements and if approved, those easements would no longer exist.
Councilmember Wilson expressed concern that the multi-family housing project would add extensive congestion in this neighborhood.
The Project Engineer confirmed that reciprocal access easements were in place.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
October 28, 2025 Page 10 of 11
RESOLUTION NO. 2025/179
On motion by Councilmember Freitas, seconded by Councilmember Rocha the City Council adopted a resolution approving a Final Map for the Lone Tree Retail and Apartments Project.
The motion carried the following vote:
Ayes: Rocha, Freitas, Bernal Noes: Wilson Absent: Torres-Walker
9. FIRST AMENDMENT TO THE HONEYWELL INTERNATIONAL INC. BUILDING PERFORMANCE SERVICE AGREEMENT IN THE AMOUNT OF $356,749 (Continued from October 14, 2025, Council Meeting)
Acting City Manager Merchant introduced Regular Agenda Item #9.
Public Works Director/City Engineer Buenting presented the staff report dated October 28, 2025 recommending the City Council adopt a resolution approving the first amendment to the Building Performance Service Agreement with Honeywell International Inc. for the installation of eighteen new heating, ventilation, and air conditioning units and ductwork as part of the Nick Rodrigue z Community/Senior Center Roof Replacement Project in the amount of $356,749 and authorizing the City Manager or designee to execut e the first amendment in a form approved by the City Attorney.
Public Works Director/City Engineer Buenting explained the City utilized the Project Stabilization Agreement which signified that the contractors needed to be signatures to the agreement for projects exceeding $1M.
RESOLUTION NO. 2025/180
On motion by Councilmember Rocha, seconded by Councilmember Wilson, the City Council members present unanimously adopted a resolution approving the first amendment to the Building Performance Service Agreement with Honeywell International Inc. for the installation of eighteen new heating, ventilation, and air conditioning units and ductwork as part of the Nick Rodriguez Community/Senior Center Roof Replacement Project in the amount of $356,749 and authorizing the City Manager or designee to execute the first amendment in a form approved by the City Attorney.
10. PURCHASE ORDER WITH THE GARLAND COMPANY, INC. UTILIZING CALIFORNIA MULTIPLE AWARD SCHEDULES COOPERATIVE PURCHASE AGREEMENT #4 -01- 56-006A FOR ROOFING MATERIALS IN THE AMOUNT OF $473,916.96 FOR THE
NICK RODRIGUEZ COMMUNITY/SENIOR CENTER ROOF REPLACEMENT PROJECT (P.W. 397-13) (Continued from October 14, 2025, Council Meeting)
RESOLUTION NO. 2025/181
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
October 28, 2025 Page 11 of 11
On motion by Councilmember Freitas, seconded by Councilmember Wilson the City Council members present unanimously adopted a resolution approving a purchase order with The Garland Company Inc. utilizing California Multiple Award Schedules cooperative purchase agreement #4 -01-56-006A for the purchase of roofing materials for the Nick Rodriguez Community/Senior Center Roof Replacement in the amount of $473,916.96 and authorizing the City Manager or designee to execute the purchase order in a form approved by the City Attorney.
11. PURCHASE ORDER FOR THE PURCHASE OF EIGHTEEN HEATING, VENTILATION,
AND AIR CONDITIONING UNITS FOR THE NICK RODRIGUEZ COMMUNITY/SENIOR
CENTER ROOFING PROJECT WITH SIGLER COMMERCIAL UTILIZING A
SOURCEWELL COOPERATIVE PURCHASE AGREEMENT IN THE AMOUNT OF $208,251 (Continued from October 14, 2025, Council Meeting)
RESOLUTION NO. 2025/182
On motion by Councilmember Freitas, seconded by Councilmember Wilson the City Council members present unanimously adopted a resolution approving a purchase order for eighteen heating, ventilation, and air conditioning units from Sigler Commercial utilizing a Sourcewell cooperative agreement in the amount of $208,251 for the Nick Rodriguez Community/Senior Center Roof Replacement Project and authorizing the City Manager or designee to execute the purchase order in a form approved by the City Attorney.
PUBLIC COMMENT
Sydney discussed the importance of accessibility to public transit and requested the City and Tri Delta Transit supply benches and improve signage at each bus stop.
STAFF COMMUNICATIONS
Acting City Manager Merchant announced that Council had rescheduled the November 11, 2025, City Council meeting for a Special Meeting on November 4, 2025.
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS
Councilmember Wilson suggested Council discuss their meeting schedule for December.
ADJOURNMENT
On motion by Councilmember Wilson, seconded by Councilmember Rocha, the City Council members present unanimously adjourned the meeting at 10:28 P.M.
Respectfully submitted:
Kitty Eiden
KITTY EIDEN, Minutes Clerk
D
11-20-25
STAFF REPORT
TO THE CITY COUNCIL
DATE:
TO:
Special Meeting of November 20, 2025
Honorable Mayor and Members of the City Council
SUBMITTED BY: Chr
istina Garcia, CMC, Assistant City Clerk
SUBJECT: Council Special Meeting/Closed Session Minutes of Nov. 4, 2025
RECOMMENDED ACTION
It is recommended that the City Council continue the Special Meeting/Closed Session Minutes of November 4, 2025, to the next meeting.
FISCAL IMPACT
None
DISCUSSION
N/A
ATTACHMENT
None.
Cg
E
11-20-25
STAFF REPO
RT TO THE CITY COUNCIL
DATE:
TO:
Special Meeting of November 20, 2025
Honorable Mayor and Members of the City Council
SUBMITTED BY: Ch
ristina Garcia, CMC, Assistant City Clerk
SUBJECT: City Council Special Meeting Minutes of November 4, 2025
RECOMMENDED ACTION
It is recommended that the City Council continue the Special Meeting Minutes of November 4, 2025, to the next meeting.
FISCAL IMPACT
None
DISCUSSION
N/A
ATTACHMENT
None.
Cg
100 General Fund
Non departmental
00422386 AFLAC PAYROLL 7,946.62
00422506 STANTEC CONSULTING SERVICES INC CONSULTANTS 1 ,302.00 00422529 FIRE RISK MANAGEMENT SERVICES INSURANCE PREM IUM 49,731.13 City Attorney
00422419 COLE HUBER LLP LEGAL SERVICES 37,317.04
00422458 HANSON BRIDGETT LLP LEGAL SERVICES RENDERED 1 6,895.00 City Manager
00422493 PHOTOGRAPHY BY TISH DEPARTMENT HEAD PHOTOS 50 0.00 00422529 FIRE RISK MANAGEMENT SERVICES INSURANCE PREM IUM 102.02 City Clerk
00422529 FIRE RISK MANAGEMENT SERVICES INSURANCE PREM IUM 426.85 Human Resources
00422507 STERICYCLE INC SHRED SERVICES 623.12
Non Departmental
00422520 WAGEWORKS ADMIN FEE - 10/2025 578.00
Public Works Street Maintenance
00422396 ANTIOCH BUILDING MATERIALS PAVING ROCK 17,722 .52 00422459 HAWTHORN VENTURES LLC SAFETY SHOES - ESQUIVI AS, R 859.26 00422464 INTERSTATE SALES SUPPLIES 3,621.75
00422502 SHARJO LLC HOMELESS ENCAMPMENT 18,322.62
00422508 SUBURBAN PROPANE PROPANE TANK RENTAL 75.00
00422529 FIRE RISK MANAGEMENT SERVICES INSURANCE PREM IUM 102.02 Public Works-Signal/Street Lights
00422433 DC ELECTRIC GROUP INC ELECTRICAL SERVICES 17, 353.16 00422488 PACIFIC GAS AND ELECTRIC CO ELECTRIC 952.71
00422489 PACIFIC GAS AND ELECTRIC CO ELECTRIC 11,594.0 9 Public Works-Facilities Maintenance
00422389 AMERICAN PLUMBING INC PLUMBING SERVICES 2,965 .00 00422420 CONCORD GLASS INC VANDALISM 2,252.38
00422425 CONTRA COSTA COUNTY TAX COLLECTOR PROPERTY T AX 2,392.00 00422433 DC ELECTRIC GROUP INC ELECTRICAL SERVICES 10, 767.00 00422459 HAWTHORN VENTURES LLC UNIFORMS 320.73
00422489 PACIFIC GAS AND ELECTRIC CO GAS 20,814.23
00422500 ROBINS LOCK AND KEY LOCKSMITH SERVICES 1,240. 53 Public Works-Parks Maint
00422389 AMERICAN PLUMBING INC PLUMBING SERVICES 5,222 .75 00422483 OFFICE DEPOT INC OFFICE SUPPLIES 54.71
00422488 PACIFIC GAS AND ELECTRIC CO ELECTRIC 337.80
00422489 PACIFIC GAS AND ELECTRIC CO ELECTRIC 1,319.05
00422523 WATERSAVERS IRRIGATION INC PARTS 1,516.13
Public Works-Median/General Land
00422459 HAWTHORN VENTURES LLC SAFETY SHOES - GARCIA, J 300.00 00422488 PACIFIC GAS AND ELECTRIC CO ELECTRIC 15.40
00422489 PACIFIC GAS AND ELECTRIC CO ELECTRIC 2,538.84
00952886 SITEONE LANDSCAPE SUPPLY HOLDING IRRIGATION SUPPLIES 1,381.63 OCTOBER 25 - NOVEMBER 06, 2025
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
FUND/CHECK #
Finance Accounting
Prepared by: N. Acevedo
11/13/2025 November 20, 2025 Page 1
OCTOBER 25 - NOVEMBER 06, 2025
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
FUND/CHECK #
PW-Work Alternative-Strt Maint
00422395 ANTIOCH ACE HARDWARE SUPPLIES 127.27
Police Administration
00422387 ALAMEDA COUNTY CSO TRAINING 300.00
00422391 AMERICAN TROPHIES AWARDS & PROM. MAILBOX TAG S 73.25 00422393 ANGELINI TEIXEIRA DS, RICARDO PER DIEM 430.00
00422398 ARROWHEAD 24 HOUR TOWING INC TIRE CHANGE 107. 00 00422409 CANON FINANCIAL SERVICES COPIER LEASE 89.10
00422414 CHURCH, DAVID MICHAEL EXPENSE REIMBURSEMENT 9 4.36 00422416 CITY OF SAN RAMON TOWING SERVICES 812.50
00422418 CODE 3 WEAR PUBLIC SFTY OUTFITTERS UNIFORMS 2,217.69 00422428 CORE PSYCHOLOGICAL CORPORATION PRE EMPLOYMEN T PSYCH 500.00 00422429 CRYSTAL CLEAR LOGOS INC UNIFORMS 178.22
00422436 DONALDSON, TRAVIS JAMES PER DIEM 184.00
00422438 DUFF, RYAN JAMES PER DIEM 430.00
00422450 GALLS LLC EQUIPMENT & UNIFORMS 3,992.51
00422452 GARCIA, DANIEL E EXPENSE REIMBURSEMENT 51.10
00422466 KNOX INVESTIGATIONS BACKGROUNDS 2,688.18
00422470 LEXIPOL LLC TRAINING TRACKING SERVICE 17,160.00 00422472 LOPEZ INVESTIGATIVE SERVICES BACKGROUND 480.0 0 00422482 OCCUPATIONAL HEALTH CENTERS OF CA PRE-EMPLO YMENT MEDICAL 5,988.00 00422483 OFFICE DEPOT INC OFFICE SUPPLIES 812.11
00422509 T JUNG INVESTIGATIONS BACKGROUND 500.00
00422519 VIGIL JR, JOSEPH EXPENSE REIMBURSEMENT 529.16
00422529 FIRE RISK MANAGEMENT SERVICES INSURANCE PREM IUM 379.07 00952816 LEHR UPFITTER OPCO LLC PARTS 712.32
Police Prisoner Custody
00422529 FIRE RISK MANAGEMENT SERVICES INSURANCE PREM IUM 172.20 Police Community Policing
00422407 RETIREE MEDICAL AFTER RETIREMENT 2,067.80
00422412 RETIREE MEDICAL AFTER RETIREMENT 1,550.85
00422440 EAN SERVICES LLC ON DUTY TOLL 46.85
00422453 RETIREE MEDICAL AFTER RETIREMENT 1,622.64
00422465 RETIREE MEDICAL AFTER RETIREMENT 954.90
00422469 RETIREE MEDICAL AFTER RETIREMENT 528.16
00422473 RETIREE MEDICAL AFTER RETIREMENT 528.16
00422474 RETIREE MEDICAL AFTER RETIREMENT 57.90
00422475 RETIREE MEDICAL AFTER RETIREMENT 528.16
00422478 RETIREE MEDICAL AFTER RETIREMENT 1,956.51
00952713 RETIREE MEDICAL AFTER RETIREMENT 528.16
00952714 RETIREE MEDICAL AFTER RETIREMENT 2,735.54
00952715 RETIREE MEDICAL AFTER RETIREMENT 108.33
00952720 RETIREE MEDICAL AFTER RETIREMENT 1,297.98
00952721 RETIREE MEDICAL AFTER RETIREMENT 454.10
00952723 RETIREE MEDICAL AFTER RETIREMENT 2,067.80
00952724 RETIREE MEDICAL AFTER RETIREMENT 817.12
00952727 RETIREE MEDICAL AFTER RETIREMENT 1,343.97
00952730 RETIREE MEDICAL AFTER RETIREMENT 528.16
Finance Accounting
Prepared by: N. Acevedo
11/13/2025 November 20, 2025 Page 2
OCTOBER 25 - NOVEMBER 06, 2025
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
FUND/CHECK #
00952732 RETIREE MEDICAL AFTER RETIREMENT 2,067.80
00952739 RETIREE MEDICAL AFTER RETIREMENT 1,112.90
00952740 RETIREE MEDICAL AFTER RETIREMENT 2,067.80
00952745 RETIREE MEDICAL AFTER RETIREMENT 528.16
00952747 RETIREE MEDICAL AFTER RETIREMENT 965.00
00952749 RETIREE MEDICAL AFTER RETIREMENT 1,011.40
00952752 RETIREE MEDICAL AFTER RETIREMENT 817.12
00952761 RETIREE MEDICAL AFTER RETIREMENT 2,067.80
00952771 RETIREE MEDICAL AFTER RETIREMENT 2,067.80
00952772 RETIREE MEDICAL AFTER RETIREMENT 965.00
00952773 RETIREE MEDICAL AFTER RETIREMENT 2,067.80
00952776 RETIREE MEDICAL AFTER RETIREMENT 1,845.22
00952786 RETIREE MEDICAL AFTER RETIREMENT 2,067.80
00952792 RETIREE MEDICAL AFTER RETIREMENT 528.16
00952793 RETIREE MEDICAL AFTER RETIREMENT 1,011.40
00952794 RETIREE MEDICAL AFTER RETIREMENT 227.22
00952795 RETIREE MEDICAL AFTER RETIREMENT 2,067.80
00952799 RETIREE MEDICAL AFTER RETIREMENT 637.88
00952807 RETIREE MEDICAL AFTER RETIREMENT 2,162.55
00952809 RETIREE MEDICAL AFTER RETIREMENT 185.08
00952810 RETIREE MEDICAL AFTER RETIREMENT 676.68
00952811 RETIREE MEDICAL AFTER RETIREMENT 713.65
00952812 RETIREE MEDICAL AFTER RETIREMENT 2,067.80
00952817 RETIREE MEDICAL AFTER RETIREMENT 2,067.80
00952827 RETIREE MEDICAL AFTER RETIREMENT 2,735.54
00952831 RETIREE MEDICAL AFTER RETIREMENT 1,511.35
00952834 RETIREE MEDICAL AFTER RETIREMENT 2,503.00
00952839 RETIREE MEDICAL AFTER RETIREMENT 668.70
00952841 RETIREE MEDICAL AFTER RETIREMENT 2,735.54
00952842 RETIREE MEDICAL AFTER RETIREMENT 954.90
00952844 RETIREE MEDICAL AFTER RETIREMENT 1,011.40
00952851 RETIREE MEDICAL AFTER RETIREMENT 2,067.80
00952854 RETIREE MEDICAL AFTER RETIREMENT 1,337.71
00952858 RETIREE MEDICAL AFTER RETIREMENT 2,067.80
00952859 RETIREE MEDICAL AFTER RETIREMENT 1,011.40
00952861 RETIREE MEDICAL AFTER RETIREMENT 528.16
00952862 RETIREE MEDICAL AFTER RETIREMENT 1,489.00
00952866 RETIREE MEDICAL AFTER RETIREMENT 398.45
00952875 RETIREE MEDICAL AFTER RETIREMENT 709.98
00952876 RETIREE MEDICAL AFTER RETIREMENT 2,735.54
00952878 RETIREE MEDICAL AFTER RETIREMENT 1,586.21
00952888 RETIREE MEDICAL AFTER RETIREMENT 2,067.80
00952889 RETIREE MEDICAL AFTER RETIREMENT 2,067.80
00952891 RETIREE MEDICAL AFTER RETIREMENT 2,067.80
00952892 RETIREE MEDICAL AFTER RETIREMENT 504.30
00952893 RETIREE MEDICAL AFTER RETIREMENT 2,067.80
00952895 RETIREE MEDICAL AFTER RETIREMENT 2,067.80
00952901 RETIREE MEDICAL AFTER RETIREMENT 528.16
Finance Accounting
Prepared by: N. Acevedo
11/13/2025 November 20, 2025 Page 3
OCTOBER 25 - NOVEMBER 06, 2025
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
FUND/CHECK #
00952902 RETIREE MEDICAL AFTER RETIREMENT 2,067.80
00952904 RETIREE MEDICAL AFTER RETIREMENT 2,067.80
00952908 RETIREE MEDICAL AFTER RETIREMENT 726.50
00952914 RETIREE MEDICAL AFTER RETIREMENT 909.96
00952919 RETIREE MEDICAL AFTER RETIREMENT 855.70
00952920 RETIREE MEDICAL AFTER RETIREMENT 954.90
00952922 RETIREE MEDICAL AFTER RETIREMENT 30.66
00952924 RETIREE MEDICAL AFTER RETIREMENT 2,067.80
Police Investigations
00422403 BARNETT MEDICAL SERVICES INC BIO WASTE DISPO SAL 182.00 00422443 EWART, ASHLEY MARIE EXPENSE REIMBURSEMENT 413 .28 00422483 OFFICE DEPOT INC OFFICE SUPPLIES 370.93
00422510 T MOBILE USA INC CELL PHONE EVIDENCE 495.00
00422513 THOMAS SCIENTIFIC HOLDINGS LLC NARCOTIC TEST KITS 383.01 00422527 YOUNG, AMANDA RENE EXPENSE REIMBURSEMENT 60.0 0 00422529 FIRE RISK MANAGEMENT SERVICES INSURANCE PREM IUM 281.94 00952917 WILLIAMS SCOTSMAN INC EVIDENCE STORAGE 462.54
PD Special Investigations Unit
00422440 EAN SERVICES LLC ON DUTY TOLL 77.70
Police Communications
00422423 CONTRA COSTA COUNTY RADIOS 2,787.64
Police Community Volunteers
00422392 AMI PHOTO BOOTH LLC HALLOWEEN EVENT 300.00
Police Facilities Maintenance
00422389 AMERICAN PLUMBING INC PLUMBING SERVICES 388.4 5 00422489 PACIFIC GAS AND ELECTRIC CO GAS 32,580.03
Youth Network Services
00422446 FOLGERGRAPHICS INC RECREATION GUIDE PRINTING 1,300.00 Community Development Administration
00422483 OFFICE DEPOT INC OFFICE SUPPLIES 49.87
CD Economic Dev.
00422533 SWEET, BRET ALEXANDER EXPENSE REIMBURSEMENT 5 6.97 Community Development Land Planning Services
00422442 ECONOMIC AND PLANNING SYSTEMS INC CONSULTANT S 1,392.50 00422494 PLACEWORKS INC CONSULTANTS 179.78
CD Code Enforcement
00952762 DELL COMPUTER CORP COMPUTER EQUIPMENT 730.37
PW Engineer Land Development
00422529 FIRE RISK MANAGEMENT SERVICES INSURANCE PREM IUM 205.00 00952900 TESTING ENGINEERS INC PROFESSIONAL SERVICES 4 ,729.00 206 American Rescue Plan Fund
Non Departmental
00952768 FELTON INSTITUTE AUGUST INVOICE - AQCRT 161,5 33.27 209 RMRA Fund
Non departmental
Streets
00422422 CONSOLIDATED ENGINEERING INC PROGRESS PAYMEN T #1 2,047,220.69 Finance Accounting
Prepared by: N. Acevedo
11/13/2025 November 20, 2025 Page 4
OCTOBER 25 - NOVEMBER 06, 2025
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
FUND/CHECK #
212 CDBG Fund
CDBG
00422477 MONUMENT IMPACT Q1FY25-26-MIMP REIM 5,265.95
00422485 OPPORTUNITY JUNCTION Q1FY25-26-OPJTC REIM 2,5 00.00 00422528 CONTRA COSTA FAMILY JUSTICE ALLIANCE Q1FY25- 26-CCFJC REIM 2,501.01 00422530 MEALS ON WHEELS AND SENIOR Q1FY25-26-MOWDR- CM REIM 2,500.14 00422531 OPPORTUNITY JUNCTION Q1FY25-26-OJACT REIM 22, 500.00 213 Gas Tax Fund
Streets
00422488 PACIFIC GAS AND ELECTRIC CO ELECTRIC 313.43
00422489 PACIFIC GAS AND ELECTRIC CO ELECTRIC 62,762.2 2 214 Animal Services Fund
Animal Services
00422489 PACIFIC GAS AND ELECTRIC CO GAS 1,714.74
00422514 TONY LA RUSSA'S ANIMAL RESCUE SAFETY NET 8,9 39.52 00952917 WILLIAMS SCOTSMAN INC STORAGE 427.28
219 Recreation Fund
Non departmental
00422484 OFIANA, ROGELIO REFUND DEPOSIT 349.00
00422511 TEAM JESUS OUTREACH MINISTRIES INC REFUND DE POSIT 500.00 Nick Rodriguez Community Cent
00422390 AMERICAN STAGE TOURS FIELD TRIP 1,752.50
00422489 PACIFIC GAS AND ELECTRIC CO GAS 8,465.85
00422503 SIERRA LINES INC TRANSPORTATION SERVICES 1,40 0.00 00422529 FIRE RISK MANAGEMENT SERVICES INSURANCE PREM IUM 113.89 Recreation Sports Programs
00422421 CONCORD SOFTBALL UMPIRES UMPIRE SERVICES 1,91 1.00 00422430 CUSTOMINK PARENT LLC COACHES SHIRTS 493.22
00422432 DAVIS, WAYNE REFEREE SERVICES 704.00
00422489 PACIFIC GAS AND ELECTRIC CO ELECTRIC 9,376.40
Recreation-Comm Center
00422385 AAA FIRE PROTECTION SVCS PROFESSIONAL SVCS 67 5.98 00422405 BAY AREA DRIVING SCHOOL INC CONTRACTOR PAYME NT 330.00 00422427 CORAHU LLC EVENT SERVICES 200.00
00422439 DUGAND, KARINA CONTRACTOR PAYMENT 348.00
00422446 FOLGERGRAPHICS INC PRINTING SERVICES 14,097.4 3 00422449 GALLEGO LAU, JENNIFER CONTRACTOR PAYMENT 351. 00 00422451 GARCIA JR, MANUEL EVENT DECOR AND FACEPAINT 1 ,150.00 00422461 HERNANDEZ OLMOS, ERNESTO I. WORKSHOP 200.00
00422467 KOVALICK, LUANNE CONTRACTOR PAYMENT 561.60
00422479 MUIR, ROXANNE CONTRACTOR PAYMENT 672.00
00422491 PEATVIENNA, KYOKO PROFESSIONAL SVCS 600.00
00422495 PRATER, KALAN PROFESSIONAL SVCS 500.00
00422497 RAMBAR INC RENTAL SERVICES 480.43
00422529 FIRE RISK MANAGEMENT SERVICES INSURANCE PREM IUM 205.00 00952821 LSA ASSOCIATES INC BURROWING OWL SERVICES 1,4 00.00 Recreation Water Park
00422424 CONTRA COSTA COUNTY HEALTH SVCS LATE FEE 482 .75 Finance Accounting
Prepared by: N. Acevedo
11/13/2025 November 20, 2025 Page 5
OCTOBER 25 - NOVEMBER 06, 2025
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
FUND/CHECK #
00422489 PACIFIC GAS AND ELECTRIC CO GAS 17,520.47
00422497 RAMBAR INC RENTAL SERVICES 3,389.95
00952880 SCP DISTRIBUTORS LLC POOL CHEMICALS 327.06
00952925 BRADY INDUSTRIES JANITORIAL SUPPLIES 5.20
226 Solid Waste Reduction Fund
Solid Waste
00422529 FIRE RISK MANAGEMENT SERVICES INSURANCE PREM IUM 36.71 229 Pollution Elimination Fund
Channel Maintenance Operation
00422399 ATLANTIS DIVING AND SALVAGE CO UNDERWATER IN SPECTION 3,000.00 00422490 PARVINDER K GIR RIP-RAP 4,331.89
00422492 PEPPER INVESTMENTS INC PEST CONTROL SERVICES 455.00 00422504 SILVA LANDSCAPE LANDSCAPE SERVICES 5,640.00
00422529 FIRE RISK MANAGEMENT SERVICES INSURANCE PREM IUM 18.35 243 ADU Program Fund
Community Development Building Inspection
00422454 GOMAS, MADISON CHECK REPLACEMENT 7,500.00
251 Lone Tree SLLMD Fund
Lonetree Maintenance Zone 1
00422489 PACIFIC GAS AND ELECTRIC CO ELECTRIC 1,263.30
00422512 TERRACARE ASSOCIATES MONTHLY MAINTENANCE 631. 32 Lonetree Maintenance Zone 2
00422489 PACIFIC GAS AND ELECTRIC CO ELECTRIC 1,026.41
Lonetree Maintenance Zone 4
00422489 PACIFIC GAS AND ELECTRIC CO ELECTRIC 106.32
00422512 TERRACARE ASSOCIATES MONTHLY MAINTENANCE 1,00 9.89 252 Downtown SLLMD Fund
Downtown Maintenance
00422489 PACIFIC GAS AND ELECTRIC CO ELECTRIC 2,893.94
00422512 TERRACARE ASSOCIATES MONTHLY MAINTENANCE 631. 32 253 Almondridge SLLMD Fund
Almondridge Maintenance
00422489 PACIFIC GAS AND ELECTRIC CO ELECTRIC 398.98
254 Hillcrest SLLMD Fund
Hillcrest Maintenance Zone 1
00422489 PACIFIC GAS AND ELECTRIC CO ELECTRIC 1,406.98
00422512 TERRACARE ASSOCIATES MONTHLY MAINTENANCE 1,64 1.39 Hillcrest Maintenance Zone 2
00422489 PACIFIC GAS AND ELECTRIC CO ELECTRIC 1,125.69
00422512 TERRACARE ASSOCIATES MONTHLY MAINTENANCE 2,24 7.39 Hillcrest Maintenance Zone 4
00422489 PACIFIC GAS AND ELECTRIC CO ELECTRIC 1,039.36
00422512 TERRACARE ASSOCIATES MONTHLY MAINTENANCE 1,26 2.61 255 Park 1A Maintenance District Fund
Park 1A Maintenance District
00422489 PACIFIC GAS AND ELECTRIC CO ELECTRIC 272.80
00422512 TERRACARE ASSOCIATES MONTHLY MAINTENANCE 1,64 1.39 Finance Accounting
Prepared by: N. Acevedo
11/13/2025 November 20, 2025 Page 6
OCTOBER 25 - NOVEMBER 06, 2025
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
FUND/CHECK #
256 Citywide 2A Maintenance District Fund
Citywide 2A Maintenance Zone 3
00422489 PACIFIC GAS AND ELECTRIC CO ELECTRIC 120.36
00422512 TERRACARE ASSOCIATES MONTHLY MAINTENANCE 24.6 3 Citywide 2A Maintenance Zone 4
00422489 PACIFIC GAS AND ELECTRIC CO ELECTRIC 572.85
Citywide 2A Maintenance Zone 5
00422489 PACIFIC GAS AND ELECTRIC CO ELECTRIC 1,153.80
Citywide 2A Maintenance Zone 6
00422489 PACIFIC GAS AND ELECTRIC CO ELECTRIC 299.04
00422512 TERRACARE ASSOCIATES MONTHLY MAINTENANCE 1,51 5.66 Citywide 2A Maintenance Zone 8
00422512 TERRACARE ASSOCIATES MONTHLY MAINTENANCE 126. 24 Citywide 2A Maintenance Zone 9
00422489 PACIFIC GAS AND ELECTRIC CO ELECTRIC 736.77
00422512 TERRACARE ASSOCIATES MONTHLY MAINTENANCE 378. 78 00422524 WEST COVINA WHOLESALE NURSERY LLC PLANTS 69.38 Citywide 2A Maintenance Zone10
00422489 PACIFIC GAS AND ELECTRIC CO ELECTRIC 106.74
257 SLLMD Administration Fund
SLLMD Administration
00422395 ANTIOCH ACE HARDWARE TOOLS 29.58
00422512 TERRACARE ASSOCIATES MONTHLY MAINTENANCE 1,51 5.66 259 East Lone Tree SLLMD Fund
Zone 1-District 10
281 CFD 2018-01 Public Services Fund
CFD 2018-01 Maintenance
00422489 PACIFIC GAS AND ELECTRIC CO ELECTRIC 1,415.89
311 Capital Improvement Fund
Streets
00422406 BKF ENGINEERS INC PROFESSIONAL SERVICES 73,45 9.49 00422517 UNION PACIFIC RAILROAD COMPANY ENGINEERING S ERVICES 2,364.09 569 Vehicle Replacement Fund
Equipment Maintenance
00422480 NATIONAL AUTO FLEET GROUP TRANSIT VAN 67,314. 23 00422515 TRUCKVAULT, INC VEHICLE UPFIT 11,517.45
570 Equipment Maintenance Fund
Non departmental
00952796 HUNT AND SONS LLC FUEL 12,761.97
Equipment Maintenance
00422397 ARANDA, ANDREW EDWARD EXPENSE REIMBURSEMENT 3 61.00 00422398 ARROWHEAD 24 HOUR TOWING INC TOWING SERVICES 204.00 00422400 AYALA JR, RENE F EXPENSE REIMBURSEMENT 152.00
00422413 CHUCKS BRAKE AND WHEEL SERVICE INC PARTS 1,466.24 00422441 EAST BAY TIRE CO TIRES 4,077.07
00422444 FALCON COLLISION REPAIR INC REPAIR SERVICES 1 0,454.08 00422471 LIM AUTOMOTIVE SUPPLY INC PARTS 1,112.42
00422483 OFFICE DEPOT INC OFFICE SUPPLIES 283.89
Finance Accounting
Prepared by: N. Acevedo
11/13/2025 November 20, 2025 Page 7
OCTOBER 25 - NOVEMBER 06, 2025
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
FUND/CHECK #
00422486 OREILLY AUTO PARTS PARTS 1,375.75
00422489 PACIFIC GAS AND ELECTRIC CO ELECTRIC 1,187.36
00422505 SOUTHERN TIRE MART LLC TIRE REPLACEMENT 971.8 1 00422522 WALNUT CREEK FORD PARTS 1,717.73
00422526 WINTER CHEVROLET CO PARTS 41.62
00422529 FIRE RISK MANAGEMENT SERVICES INSURANCE PREM IUM 5.00 00952816 LEHR UPFITTER OPCO LLC UPFIT PARTS 174.51
00952836 MIDWEST MOTOR SUPPLY CO INC SUPPLIES 780.10
00952853 PETERSON TRACTOR CO PARTS 254.96
573 Information Services Fund
Information Services
00422404 BARTON, TIMOTHY ALAN EXPENSE REIMBURSEMENT 27 2.17 Network Support & PCs
00422388 AMERICAN MESSAGING AMERICAN MESSAGING OCTOBE R 102.26 00422463 INSIGHT PUBLIC SECTOR INC LICENSES 169.22
578 Post Retirement Medical-Misc Fund
Non Departmental
00422411 RETIREE MEDICAL AFTER RETIREMENT 176.48
00422435 RETIREE MEDICAL AFTER RETIREMENT 78.69
00422437 RETIREE MEDICAL AFTER RETIREMENT 473.38
00422448 RETIREE MEDICAL AFTER RETIREMENT 78.69
00422456 RETIREE MEDICAL AFTER RETIREMENT 304.59
00422457 RETIREE MEDICAL AFTER RETIREMENT 78.69
00422462 RETIREE MEDICAL AFTER RETIREMENT 196.69
00422481 RETIREE MEDICAL AFTER RETIREMENT 709.38
00422496 RETIREE MEDICAL AFTER RETIREMENT 78.69
00422498 RETIREE MEDICAL AFTER RETIREMENT 216.75
00952712 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952716 RETIREE MEDICAL AFTER RETIREMENT 709.38
00952719 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952722 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952729 RETIREE MEDICAL AFTER RETIREMENT 196.69
00952734 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952737 RETIREE MEDICAL AFTER RETIREMENT 161.20
00952738 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952741 RETIREE MEDICAL AFTER RETIREMENT 196.69
00952742 RETIREE MEDICAL AFTER RETIREMENT 551.38
00952743 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952746 RETIREE MEDICAL AFTER RETIREMENT 196.69
00952753 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952758 RETIREE MEDICAL AFTER RETIREMENT 78.69
00952760 RETIREE MEDICAL AFTER RETIREMENT 78.69
00952763 RETIREE MEDICAL AFTER RETIREMENT 551.38
00952764 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952765 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952766 RETIREE MEDICAL AFTER RETIREMENT 196.69
00952770 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952778 RETIREE MEDICAL AFTER RETIREMENT 709.38
Finance Accounting
Prepared by: N. Acevedo
11/13/2025 November 20, 2025 Page 8
OCTOBER 25 - NOVEMBER 06, 2025
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
FUND/CHECK #
00952779 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952781 RETIREE MEDICAL AFTER RETIREMENT 183.51
00952782 RETIREE MEDICAL AFTER RETIREMENT 110.00
00952783 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952785 RETIREE MEDICAL AFTER RETIREMENT 196.69
00952790 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952791 RETIREE MEDICAL AFTER RETIREMENT 78.69
00952803 RETIREE MEDICAL AFTER RETIREMENT 78.69
00952804 RETIREE MEDICAL AFTER RETIREMENT 78.69
00952808 RETIREE MEDICAL AFTER RETIREMENT 78.69
00952814 RETIREE MEDICAL AFTER RETIREMENT 78.69
00952822 RETIREE MEDICAL AFTER RETIREMENT 196.69
00952823 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952824 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952826 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952828 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952829 RETIREE MEDICAL AFTER RETIREMENT 196.69
00952835 RETIREE MEDICAL AFTER RETIREMENT 78.69
00952838 RETIREE MEDICAL AFTER RETIREMENT 78.69
00952843 RETIREE MEDICAL AFTER RETIREMENT 405.00
00952846 RETIREE MEDICAL AFTER RETIREMENT 196.69
00952850 RETIREE MEDICAL AFTER RETIREMENT 709.38
00952852 RETIREE MEDICAL AFTER RETIREMENT 78.69
00952855 RETIREE MEDICAL AFTER RETIREMENT 46.48
00952856 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952860 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952863 RETIREE MEDICAL AFTER RETIREMENT 78.69
00952865 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952869 RETIREE MEDICAL AFTER RETIREMENT 78.69
00952874 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952877 RETIREE MEDICAL AFTER RETIREMENT 78.69
00952883 RETIREE MEDICAL AFTER RETIREMENT 78.69
00952898 RETIREE MEDICAL AFTER RETIREMENT 78.69
00952905 RETIREE MEDICAL AFTER RETIREMENT 220.00
00952906 RETIREE MEDICAL AFTER RETIREMENT 309.46
00952910 RETIREE MEDICAL AFTER RETIREMENT 78.69
00952918 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952921 RETIREE MEDICAL AFTER RETIREMENT 78.69
00952923 RETIREE MEDICAL AFTER RETIREMENT 315.38
579 Post Retirement Medical-Mgmt Fund
Non Departmental
00422417 RETIREE MEDICAL AFTER RETIREMENT 551.38
00422447 RETIREE MEDICAL AFTER RETIREMENT 78.69
00422455 RETIREE MEDICAL AFTER RETIREMENT 78.69
00422476 RETIREE MEDICAL AFTER RETIREMENT 431.38
00422499 RETIREE MEDICAL AFTER RETIREMENT 474.30
00422518 RETIREE MEDICAL AFTER RETIREMENT 2,735.54
00422521 RETIREE MEDICAL AFTER RETIREMENT 551.38
Finance Accounting
Prepared by: N. Acevedo
11/13/2025 November 20, 2025 Page 9
OCTOBER 25 - NOVEMBER 06, 2025
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
FUND/CHECK #
00952717 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952726 RETIREE MEDICAL AFTER RETIREMENT 551.38
00952728 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952731 RETIREE MEDICAL AFTER RETIREMENT 551.38
00952733 RETIREE MEDICAL AFTER RETIREMENT 185.08
00952735 RETIREE MEDICAL AFTER RETIREMENT 136.69
00952736 RETIREE MEDICAL AFTER RETIREMENT 2,067.80
00952744 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952748 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952750 RETIREE MEDICAL AFTER RETIREMENT 56.00
00952751 RETIREE MEDICAL AFTER RETIREMENT 551.38
00952754 RETIREE MEDICAL AFTER RETIREMENT 1,011.40
00952755 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952756 RETIREE MEDICAL AFTER RETIREMENT 473.38
00952757 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952759 RETIREE MEDICAL AFTER RETIREMENT 431.38
00952774 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952775 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952777 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952787 RETIREE MEDICAL AFTER RETIREMENT 473.38
00952788 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952789 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952797 RETIREE MEDICAL AFTER RETIREMENT 426.70
00952798 RETIREE MEDICAL AFTER RETIREMENT 400.00
00952801 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952805 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952806 RETIREE MEDICAL AFTER RETIREMENT 236.69
00952813 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952815 RETIREE MEDICAL AFTER RETIREMENT 473.38
00952818 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952819 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952820 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952825 RETIREE MEDICAL AFTER RETIREMENT 817.12
00952830 RETIREE MEDICAL AFTER RETIREMENT 934.26
00952832 RETIREE MEDICAL AFTER RETIREMENT 676.68
00952833 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952837 RETIREE MEDICAL AFTER RETIREMENT 1,845.22
00952840 RETIREE MEDICAL AFTER RETIREMENT 426.70
00952845 RETIREE MEDICAL AFTER RETIREMENT 431.38
00952847 RETIREE MEDICAL AFTER RETIREMENT 2,067.80
00952848 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952849 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952857 RETIREE MEDICAL AFTER RETIREMENT 78.69
00952864 RETIREE MEDICAL AFTER RETIREMENT 78.69
00952867 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952868 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952870 RETIREE MEDICAL AFTER RETIREMENT 78.69
00952871 RETIREE MEDICAL AFTER RETIREMENT 136.69
Finance Accounting
Prepared by: N. Acevedo
11/13/2025 November 20, 2025 Page 10
OCTOBER 25 - NOVEMBER 06, 2025
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
FUND/CHECK #
00952872 RETIREE MEDICAL AFTER RETIREMENT 429.00
00952873 RETIREE MEDICAL AFTER RETIREMENT 196.69
00952879 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952881 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952882 RETIREE MEDICAL AFTER RETIREMENT 78.69
00952884 RETIREE MEDICAL AFTER RETIREMENT 426.70
00952885 RETIREE MEDICAL AFTER RETIREMENT 426.70
00952887 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952890 RETIREE MEDICAL AFTER RETIREMENT 431.38
00952894 RETIREE MEDICAL AFTER RETIREMENT 339.76
00952897 RETIREE MEDICAL AFTER RETIREMENT 78.69
00952899 RETIREE MEDICAL AFTER RETIREMENT 551.38
00952903 RETIREE MEDICAL AFTER RETIREMENT 110.00
00952907 RETIREE MEDICAL AFTER RETIREMENT 551.38
00952909 RETIREE MEDICAL AFTER RETIREMENT 78.69
00952911 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952912 RETIREE MEDICAL AFTER RETIREMENT 315.38
00952913 RETIREE MEDICAL AFTER RETIREMENT 1,902.80
00952915 RETIREE MEDICAL AFTER RETIREMENT 78.69
00952916 RETIREE MEDICAL AFTER RETIREMENT 2,067.80
611 Water Fund
Non departmental
00952780 GRAINGER INC SUPPLIES 239.15
00952784 HAMMONS SUPPLY COMPANY JANITORIAL SUPPLIES 10 2.73 Water Supervision
00422529 FIRE RISK MANAGEMENT SERVICES INSURANCE PREM IUM 35.63 Water Production
00422394 ANIMAL DAMAGE MANAGEMENT PEST CONTROL 425.00
00422415 CINTAS CORPORATION NO. 2 CLEANING SUPPLIES 17 0.96 00422460 HD SUPPLY INC PUMP FITTINGS 501.05
00422468 LAW OFFICE OF MATTHEW EMRICK WATER RIGHTS LE GAL SERVICES 520.00 00422482 OCCUPATIONAL HEALTH CENTERS OF CA MEDICAL E XAM 74.00 00422489 PACIFIC GAS AND ELECTRIC CO GAS 433,987.87
00422500 ROBINS LOCK AND KEY LOCKSMITH SERVICES 615.00
00422522 WALNUT CREEK FORD PARTS 522.76
00422532 PACIFIC STAR CHEMICAL LLC CHEMICALS 6,605.46
00952718 ANIXTER INC LOCKS 92.36
00952767 EVOQUA WATER TECHNOLOGIES LLC DI WATER TANKS 500.00 00952896 SWANTEK, SHANNON LAB ACCREDITATION 3,960.00
Water Distribution
00422395 ANTIOCH ACE HARDWARE SMALL TOOLS 81.94
00422401 BACKFLOW DISTRIBUTORS INC BACKFLOW DEVICES 89 ,324.37 00422408 C AND J FAVALORA TRUCKING INC FULTON RECYCLE 20,400.00 00422409 CANON FINANCIAL SERVICES COPIER LEASE 196.00
00422434 DELTA DIABLO PARKS RECYCLED WATER AUG 20,545. 74 00422445 FASTENAL COMPANY SUPPLIES 504.02
00422459 HAWTHORN VENTURES LLC UNIFORMS 1,407.61
00422483 OFFICE DEPOT INC OFFICE SUPPLIES 214.92
Finance Accounting
Prepared by: N. Acevedo
11/13/2025 November 20, 2025 Page 11
OCTOBER 25 - NOVEMBER 06, 2025
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
FUND/CHECK #
00422487 PACE SUPPLY CORP SMALL TOOLS 525.92
00422489 PACIFIC GAS AND ELECTRIC CO GAS 4.33
00422501 SABRE BACKFLOW LLC CONVERSION KIT - PARTS 303 .99 00422516 UNDERGROUND REPUBLIC WATER WORKS PIPE FITTIN GS 3,879.66 00952769 FERGUSON ENTERPRISES INC SMALL TOOLS 75.92
00952800 INFOSEND INC PRINT AND MAIL SERVICES 893.40
00952802 JARED LEE ORTIZ BACKFLOW BAGS 2,634.00
Public Buildings & Facilities
00422410 CDM SMITH INC PROFESSIONAL SERVICES 27,320.80
621 Sewer Fund
Swr-Wastewater Administration
00422408 C AND J FAVALORA TRUCKING INC FULTON RECYCLE 20,400.00 00422431 CWEA SFBS MEMBERSHIP DUES 251.00
00422459 HAWTHORN VENTURES LLC UNIFORMS 1,565.82
00422482 OCCUPATIONAL HEALTH CENTERS OF CA HEP B VACC SERIES 143.00 00422489 PACIFIC GAS AND ELECTRIC CO ELECTRIC 1,363.28
00952800 INFOSEND INC PRINT AND MAIL SERVICES 893.39
631 Marina Fund
Marina Administration
00422489 PACIFIC GAS AND ELECTRIC CO GAS 6,949.08
00422525 WEST MARINE PRO ANCHORS 20.63
Finance Accounting
Prepared by: N. Acevedo
11/13/2025 November 20, 2025 Page 12
431 Redevelopment Obligation Retirement Fund (for former Project Area #1) Non departmental
00422402 BANK OF NEW YORK MELLON FY27 FISCAL AGENT FE E 554.76 Non Departmental
00422402 BANK OF NEW YORK MELLON FY26 FISCAL AGENT FE E 1,895.24 OCTOBER 25 - NOVEMBER 06, 2025
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
FUND/CHECK #
AS SUCCESSOR AGENCY TO THE ANTIOCH DEVELOPMENT AGENCY
Finance Accounting
Prepared by: N. Acevedo
11/13/2025 November 20, 2025 Page 1
227 Housing Fund
Housing
00422426 CONTRA COSTA CRISIS CENTER Q1FY25-26-CCCC-R4R-REIM 2,571.83 00952725 BAY AREA LEGAL AID Q1FY25-26-BALA-R4R-REIM 6,478.84 00952926 BAY AREA LEGAL AID CHECK REPLACEMENT 19,802.96 OCTOBER 25 - NOVEMBER 06, 2025
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
FUND/CHECK #
AS HOUSING SUCCESSOR TO THE ANTIOCH DEVELOPMENT AGENCY
Finance Accounting
Prepared by: N. Acevedo
11/13/2025 November 20, 2025Page 1
CITY OF
ANTIOCH
CALIFORNIA
STAFF REPORT TO THE CITY COUNCIL
DATE: Special Meeting of November 20th, 2025
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Jorge Rojas Jr, City Treasurer ftJR
SUBJECT: Approval of Treasurer's Report for August 2025
RECOMMENDED ACTION
It is recommended that the City Council receive and file August 2025 Treasurer's Report.
FISCAL IMPACT
There is no fiscal impact of this action.
DISCUSSION
The City's Statement of Investment Policy (Policy) requires that the City Treasurer render, at least quarterly, an investment report to the City Council. The Policy also requires a monthly report of investment transactions to City Council. A monthly Treasurer's Report is provided with both reporting provisions of the Policy.
ATTACHMENTS
A. City Treasurer's Report
11/20/2025
CITY OF
ANTIOCH
CALIFORNIA
STAFF REPORT TO THE CITY COUNCIL
DATE: Special Meeting of November 20th, 2025
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Jorge Rojas Jr, City Treasurer ,,,f9£'
SUBJECT: Approval of Treasurer's Report for September 2025
RECOMMENDED ACTION
It is recommended that the City Council receive and file September 2025 Treasurer's Report.
FISCAL IMPACT
There is no fiscal impact of this action.
DISCUSSION
The City's Statement of Investment Policy (Policy) requires that the City Treasurer render, at least quarterly, an investment report to the City Council. The Policy also requires a monthly report of investment transactions to City Council. A monthly Treasurer's Report is provided with both reporting provisions of the Policy.
ATTACHMENTS
A. City Treasurer's Report
J
11/20/2025
CITY OF
ANTIOCH
CALIFORNIA
STAFF REPORT TO THE CITY COUNCIL
DATE: Special Meeting of November 20, 2025
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Carlos Zepeda, Deputy Public Works Director APPROVED BY: Scott Buenting, Public Works Director/City Engineer � SUBJECT: Communications Site Ground Lease Agreement with East Bay Regional Communications System Authority at 75 Walton Lane; P.W. 590-R1
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution approving the Communications Site Ground Lease Agreement with East Bay Regional Communications System Authority and authorizing the City Manager or designee to execute the Communications Site Ground Lease Agreement in the form approved by the City Attorney.
FISCAL IMPACT
The East Bay Regional Communications System Authority ("EBRCSA") will pay $1.00 per year for the lease term that may be up to 30 years.
DISCUSSION
Background
EBRCSA is a joint powers authority under California law. EBRCSA constructs and manages a communications system that provides fully interoperable communications to public agencies within Alameda and Contra Costa counties. The City of Antioch is one of the participating governmental member agencies in EBRCSA. The City's Police Department uses the EBRCSA radio communications system as its primary communications system.
Currently, there is a large "dead" radio coverage area in the southwest part of the City.
This creates significant safety issues for the City's employees, as well as the public.
The City owns the property commonly known as 75 Walton Lane (APNs 071-151-004 and 071-151-007), which contains a City owned water storage tank, as well as other commercial and governmental communications towers.
K
Agenda Item #
Antioch City Council Report
November 20, 2025 Agenda Item #K 2
EBRCSA anticipates investing approximately $1.8 million into the construction, installation, and related improvements for a communications tower compound at 75 Walton Lane. The communications tower compound will be located in substantially the same area where a commercial communications tower previously was installed on the property. EBRCSA's installation of the communications tower compound will improve the Police Department's response to calls and provide additional radio coverage in the southwest part of the City.
Analysis
City staff and EBRCSA negotiated the Communications Site Ground Lease Agreement ("Agreement"). The Agreement provides for an initial term of 10 years, and EBRCSA may renew it for up to two additional terms of 10 years each, for an overall possible term of 30 years.
Because EBRCSA will make a substantial investment for the construction, installation, and related improvements for a communications tower compound, and the City and Police Department will benefit from the improved radio coverage in the southwest part of the City, the rent charged under the Agreement will be $1.00 per year. EBRCSA has the option to pay the rent for the possible 30 year term up front in a single lump sum. The Agreement also authorizes EBRCSA to use the City's existing power at the property at no additional charge, but the City reserves the option to require EBRCSA to install a submeter and reimburse the City for EBRCSA's electrical costs in the future. The City and EBRCSA may also enter into a mutually acceptable cost sharing agreement to improve the City's electrical power at the property. The average cost of electricity is anticipated to be $1,200 to $1,400 per month.
EBRCSA is responsible for all costs of construction, installation, maintenance and operations of the communications tower compound. EBRCSA is also responsible for obtaining any required regulatory approvals in connection with the communications tower compound. EBRCSA must obtain the City's consent, in the City's proprietary capacity as the property owner, for the initial construction plan, as well as any subsequent modifications or alterations to the communications tower compound.
California Environmental Quality Act of 1970 (CEQA)
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code § 21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations, if approval of the resolution to enter into the Communications Site Ground Lease Agreement comprises a project for CEQA analysis, then the project is categorically exempt under Section 15303 of the State CEQA Guidelines because it meets the conditions for a new, small facility or construction. The proposed unmanned communications tower compound subject to the Communications Site Ground Lease Agreement is a small facility with no expected significant effect on the environment - as the tower, equipment shelter, and equipment will be contained within a small area and the use is accessory to the primary use on-site. This determination reflects the City's independent judgment and analysis.
Antioch City Council Report
November 20, 2025 Agenda Item #K
ATTACHMENTS
A. Resolution
3 Exhibit 1. Communications Site Ground Lease Agreement with East Bay Regional Communications System Authority at 75 Walton Lane
ATTACHMENT "A"
RESOLUTION NO. 2025/xxx
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
EXECUTE THE COMMUNICATIONS SITE GROUND LEASE AGREEMENT WITH
EAST BAY REGIONAL COMMUNICATIONS SYSTEM AUTHORITY
AT 75 WAL TON LANE
P.W. 590-R1
WHEREAS, the City of Antioch ("City") owns the property commonly known as 75 Walton Lane (APNs 071-151-004 and 071-151-007) ("Property"); WHEREAS, East Bay Regional Communications System Authority, a joint exercise of powers authority organized and existing under and by virtue of the laws of the State of California ("EBRCSA"), desires to lease a portion of the Property from the City to install a new, small, unmanned communication tower compound; WHEREAS, the City is a member agency of EBRCSA, and EBRCSA's installation of the communications tower compound will improve the City's Police Department's response to calls and provide additional radio coverage in the southwest part of the City; and
WHEREAS, the City and EBRCSA have negotiated the Communications Site Ground Lease Agreement ("Agreement") under which EBRCSA will be granted the right to install, operate and maintain its communication tower compound at the Property for an initial 10-year term with automatic renewal options for up to two additional 10-year terms, for a total term of up to 30 years, subject to the terms and conditions provided in the Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch, hereby:
Section 1. Finds the recitals above are true and correct and are incorporated by reference. The recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this Resolution.
Section 2. Approves the Agreement with EBRCSA attached as Exhibit "1" to this Resolution.
Section 3. Authorizes the City Manager or designee to execute the Agreement in the form approved by the City Attorney.
Section 4. Finds that pursuant to the California Environmental Quality Act of 1970, Public Resources Code§ 21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations, if approval of the resolution to enter into the Communications Site Ground Lease Agreement comprises a project for CEQA analysis, then the project is categorically exempt under Section 15303
L
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Special Meeting of November 20, 2025
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Bill Whitaker, Police Lieutenant
APPROVED BY: Joseph Vigil, Police Chief
SUBJECT: Resolution Approving a Professional Services Agreement with M.
Fernandes Tow for Towing Services for City Vehicles and Storage of Vehicles when Required in an Amount Not to Exceed $345,000 for a term of three years
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution approving a Professional Services Agreement with M. Fernandes Tow for towing s ervices for City vehicles and storage of vehicles in an amount not to exceed $345,000 for a three -year term ending November 30, 2028 , and authorizing the City Manager or designe e to execute the agreement in a form approved by the City Attorney.
FISCAL IMPACT
The Police Department and Public Works fiscal year 2025/26 General Fund budgets have sufficient funding for this contract.
DISCUSSION
The City of Antioch does not currently have a contract with a service provider for the towing and associated services of all City vehicles and storage of vehicles under the care and custody of the City when necessary.
The City of Antioch currently has approximately 340 vehicles (passenger cars, trucks, motorcycles, etc.) and attachments (trailers, chipper s, equipment, etc.) within its City Fleet. There are slight fluctuations within this number, as vehicles and equipment go out of service and as replacement vehicles come in to service. Although the City largely maintains the fleet, there are occasions when vehicles and/or equipment become inoperable in the field and need to be towed or serviced. The City does not own, nor is it cost effective for the City to purchase, tow trucks and equipment capable of servicing the wide range of vehicles and attachments in its Fleet.
Antioch City Council Report
November 20, 2025 Agenda Item #L 2
The Antioch Police Department is required to safely and securely store vehicles that have evidentiary value. These vehicles are generally involved in significant investigations (homicides, vehicle fatalities, etc.) and the Department is required by the District Attorney’s Office that subject vehicles remain under the care and c ustody of the Police Department up and until associated cases have been adjudicated. This often exceeds one year, and it is not uncommon for cases to be extended by two or more years depending on the judicial process.
This requirement has historically equated to the Police Department being responsible for and storing approximately 12 vehicles on average at any given time. Neither the City nor the Police Department have a facility or location equipped with the security requirements needed to store these vehicles. Additionally, the requirements to preserve evidence when a vehicle is towed requires additional time and goes beyond the scope of the rotational tow services used by the Police Department.
Until the end of 2024, the Police Department had a contract with a local service provided for storage of vehicles. This provider was also commonly used for towing and associated services for all city vehicles. Financially, to include F iscal Year 2025/26, the Police Department has budgeted $100,000 annually for towing and storage, and Public Works has budgeted $15,000 annually for towing and associated services. The annual breakdown for the Police Department has averaged $80,000 for vehicle storage and $20,000 for towing related services.
As staff evaluated all associated costs and cost saving options, it was determined that going into the future, issuing a Request for Proposal (RFP) was the best course of action for towing and storage services . This evaluation included exploring alternatives to the storage requirements and there was no cost-effective solution available at this time. Staff from the Police Department will continue to evaluate this need and return to council in the future if a more viable and cost-effective solution arises.
In alignment with the City of Antioch’s goals to be fair and fiscally responsible, a Request for Proposal (RFP #961-0821-25) was issued on August 21, 2025. The intent of the RFP was to solicit proposals from qualified towing services for City vehicles, and for storage of vehicles when required.
The scope of work outlined in the RFP included, but was not limited to:
• Towing of all City owned vehicles;
• Towing of all evidence related vehicles;
• Service calls for all city owned vehicles; and
• Storage of all evidence related tows.
A total of two proposals were received and evaluated jointly by the Police Department and Public Works staff. After review of proposals, M. Fernandez Towing was the lowest bidder and was selected to deliver these services.
Antioch City Council Report
November 20, 2025 Agenda Item #L 3
ATTACHMENTS
A. Resolution
B. Professional Service Agreement (Draft)
C. Request for Proposal
D. Bid – M.Fernandes Towing
ATTACHMENT “A”
RESOLUTION NO. 2025/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH M. FERNANDES TOWING FOR TOWING, TOWING RELATED SERVICES, AND
STORAGE OF VEHICLES WHEN NECESSARY FOR A TERM OF THREE
YEARS IN AN AMOUNT NOT TO EXCEED $345,000
WHEREAS, the City of Antioch has approximately 340 vehicles and equipment in the City fleet;
WHEREAS, these vehicles and equipment require towing and servicing when becoming inoperable;
WHEREAS, the Police Department is required to safely and securely store vehicles with evidentiary value in their care and custody;
WHEREAS, the City Council recognize the need to contract for these services for operational efficiency;
WHEREAS, on August 21, 2025, the City issued Request for Proposal #961-0821- 25 for towing, towing related services and storage of vehicles; and
WHEREAS, after evaluation of proposals received, the City desires to enter into an agreement with M. Fernandes Towing for towing and associated services for all City vehicles and equipment, and storage of vehicles when necessary for a term of (3) three years in an amount not to exceed $115,000.00 annually for a total of $345,000.00.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Antioch hereby approves a Professional Services Agreement with M. Fernande s Towing for towing, towing related services and storage of vehicles in an amount not to exceed $115,000 annually for a total of $345,000 for a three year term from December 1, 2025, to November 30, 20 28, and authorizes the City Manager or designee to execute the agreement in a form approved by the City Attorney.
* * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch, at a special meeting thereof, held on the 20th day of November 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
MICHAEL J. MANDY
CITY CLERK OF THE CITY OF ANTIOCH
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF ANTIOCH AND
M. FERNANDEZ TOWING- CITY VEHICLE TOWING/STORAGE
THIS AGREEMENT (“Agreement”) is made and entered into this 1st day of December, 2025 (“Effective Date”) by and between the City of Antioch , a municipal Corporation with its principle place of business at 200 H Street, Antioch, CA 94509 (“City”) and Fernandez Towing with its principle place of business at 437 O St, Antioch Ca (“Provider”) as of December, 2008. City and Provider individually are sometimes referred to herein as “Party” and collectively as “Parties.”
SECTION 1. SERVICES. Subject to the terms and conditions set forth in th 4.1is Agreement, Provider shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to provide City of Antioch owned/controlled vehicle towing and storage when necessary to the City described in the Scope of Work attached as Exhibit A attached hereto and incorporated herein at the time and place and in the manner specified therein (“Services”). In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on November 31st, 2028, the date of completion specified in Exhibit A, and Provider shall complete the Services described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8 . The City may, in their sole and exclusive discretion, extend the end date of the term of this Agreement two (2) times in One (1) year increments. The time provid ed to Provider to complete the Services required by this Agreement shall not affect the City’s right to terminate the Agreement, under Section 8.
1.2 Standard of Performance. Provider represents that it is experienced in providing these services to public clients and is familiar with the plans and needs of City. Provider shall perform all Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Provider is engaged in the geographical area in which Provider practices its profession.
1.3 Assignment of Personnel. Provider shall assign only competent personnel to perform Services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Provider shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Provider shall devote such time to the performance of Services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Provider’s obligations hereunder.
SECTION 2. COMPENSATION. City hereby agrees to pay Provider a sum not to exceed $345,000.00, notwithstanding any contrary indications that may be contained in Provider’s proposal, for Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Provider’s proposal, attached as Exhibit B, regarding the amount of compensation, the
ATTACHMENT B
Formatted: Font: Bold, Not Highlight
Formatted: Font: Bold, Not Highlight
Commented [GR1]: Insert the account in writing and in
numbers within parentheses e.g. ten thousand dollars ($10,000).
Formatted: Font: Bold, Highlight
Formatted: Font: Bold, Highlight
Agreement shall prevail. City shall pay Provider 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 Provider for Services rendered pursuant to this Agreement. Except as specifically authorized by City, Provider shall not bill City for duplicate services performed by more than one person.
Provider and City acknowledge and agree that compensation paid by City to Provider under this Agreement is based upon Provider’s estimated costs of providing the Services required hereunder, including salaries and benefits of employees and subcontractors of Provider. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Provider and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Provider shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
▪ The beginning and ending dates of the billing period;
▪ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
▪ At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
▪ The total number of hours of work performed under the Agreement by Provider and each employee, agent, and subcontractor of Provider performing services; and,
▪ The Provider’s signature.
2.2 Payment Schedule.
2.2.1 City shall make incremental payments, based on invoices received, [according to the payment schedule attached as Exhibit and incorporated herein], for Services satisfactorily performed, in accordance with the requirements of this Agreement, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements of Section
2.1 to pay Provider.
2.2.2 City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City a final invoice, if all services required have been satisfactorily performed.]
Commented [U2]: If there is a separate payment schedule include this language. Otherwise, if there is no Exhibit B, then the language in the parenthesis can be deleted.
Commented [U3]: Can decide if this is applicable as some projects include a retention paid with the final deliverable and sometimes payment is just made monthly as services provided
2.3 Total Payment. City shall pay for the Services to be rendered by Provider pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Provider in rendering Services pursuant to this Agreement, unless expressly provided for in Section 2.5.
In no event shall Provider submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.4 Hourly Fees. Fees for work performed by Provider on an hourly basis shall not exceed the amounts shown on the fee schedule in Exhibit B.
2.5 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed ____________________N/A______________________ ($ 0). Expenses not listed below are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
Reimbursable Expenses are:
___________N/A________________
2.6 Payment of Taxes. Provider is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.7 Authorization to Perform Services. The Provider is not authorized to perform any Services or incur any costs whatsoever under the terms of this Agreement until Provider receives authorization to proceed from the Contract Administrator.
SECTION 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Provider shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the Services required by this Agreement. City shall make available to Provider only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Provider’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long -distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Provider, at its own cost and expense, shall procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work by the Provider and its agents, representatives, employees, and subcontractors. Provider shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Provider shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Provider's proposal. Provider shall not allow any subcontractor to commence work on any subcontract until Provider has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the Formatted: Font: Bold, Not Highlight
Formatted: Font: Bold, Not Highlight
Formatted: Font: Bold
Commented [U4]: List the items for which the City will reimburse the Consultant. For example, will the City reimburse the mileage for travel but not the time or both travel expenses and time. These are all business terms to negotiate.
Formatted: Font: Bold, Not Highlight
Formatted: Font: Bold, Not Highlight
Commented [GR5]: If there are no reimbursable expenses to list please insert in this space: “There are no reimbursable expenses under this agreement”
Formatted: Font: Bold
Formatted: Font: Bold
required insurance shall be submitted and made part of this Agreement prior to execution. Insurers shall have an AM Best rating of no less than A:VII unless otherwise accepted by the City in writing:
4.1 Commercial General Liability (CGL). Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The required insurance limits may be met if an umbrella insurance provision explicitly supplements both the CGL and general aggregate limits to reach the required threshold. If Provider’s services include work within 50 feet of a railroad right of way, the Provider shall have removed any exclusion on their liability policy limiting coverage for work near a railroad, or shall provide a Railroad Protective Liability policy in favor of the City. Limits for such coverage shall be no less than $5,000,000.
4.2 Automobile Liability Insurance. ISO Form Number CA 00 01 covering any auto (Code 1), or if Provider has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
4.3 Workers' Compensation Insurance . Workers’ Compensation Insurance as r equired by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4.4 Professional Liability (Errors and Omissions ). Insurance appropriate to the Provider’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
4.5 Other Insurance Provisions. Unless otherwise specified below, all insurance policies are to contain, or be endorsed to contain, the following provisions:
4.5.1 Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used). This requirement shall only apply to the CGL and Automobile Liability Insurance policies specified above.
4.5.2 Primary Coverage. For any claims related to this contract, the Provider’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Provider’s insurance and shall not contribute with it. This requirement shall only apply to the CGL and Automobile Liability Insurance policies specified above.
4.5.3 Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
4.5.4 Waiver of Subrogation. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this
waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. This requirement shall only apply to the CGL, Automobile Liability and Workers’ Compensation/Employer’s Liability Insurance policies specified above.
4.5.5 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Provider to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
4.5.6 Claims made policies. If any of the required policies provide claims-made coverage:
4.5.6.1 The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
4.5.6.2 Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
4.5.6.3 If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
4.6 Certificate of Insurance and Endorsements . Provider shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Provider’s obligation to provide them. The City reserves the right to require complete, certifi ed copies of all required insurance policies, including endorsements required by these specifications, at any time.
4.7 Subcontractors. Provider shall include all subcontractors as insured under its polic ies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming additional insureds.
4.8 Higher Limits. If the Provider maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
4.9 Special Risks or Circumstances . City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.
4.10 Remedies. In addition to any other remedies City may have if Provider fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise, any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Provider’s breach:
▪ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due to Provider under the Agreement; ▪ Order Provider to stop work under this Agreement or withhold any payment that becomes due to Provider hereunder, or both stop work and withhold any payment, until Provider demonstrates compliance with the requirements hereof; and/or, ▪ Terminate this Agreement.
SECTION 5. INDEMNIFICATION AND PROVIDER’S RESPONSIBILITIES.
5.1 To the fullest extent permitted by law, Provider shall defend (with counsel reasonably acceptable to City), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Provider, its officials, officers, employees, subcontractors, Providers or agents in connection with the performance of the Provider’s services or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Provider's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Provider, the City, its officials, officers, employees, agents, or volunteers.
5.1.1 Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Provider from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.
5.2 By execution of this Agreement, Provider acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.
SECTION 6. STATUS OF PROVIDER.
6.1 Independent Contractor. At all times during the term of this Agreement, Provider shall be an independent contractor and shall not be an employee of City. City shall have the right to control Provider only insofar as the results of Provider's services rendered pursuant to this Agreement and assignment of personnel pursuant to Section 1.3; however, otherwise City shall not have the right to control the manner or means by which Provider accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Provider and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, in cluding, but not limited to, eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Provider Not Agent. Except as City may specify in writing, Provider shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Provider shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Provider and any subcontractors shall comply with all laws applicable to the performance of the Services.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Provider and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Provider represents and warrants to City that Provider and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Provider represents and warrants to City that Provider and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approva ls that are legally required to practice their respective professions. In addition to the foregoing, Provider and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Provider shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, sexual orientation or any other legally protected status, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Provider under this Agreement. Provider shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any Services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Provider thereby.
Provider shall include the provisions of this Section in any subcontract approved by the Contract Administrator or this Agreement.
7.6 California Labor Code Requirements. Provider is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Provider agrees to fully comply with such Prevailing Wage Laws. Provider shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. I t shall be mandatory upon the Provider and all subProviders to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 177 1, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Sectio n 1777.1). The requirement to submit certified payroll records directly to the Labor
Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Provider and all sub Providers performing such services must be registered with the Department of Industrial Relations. Provider shall maintain registration for the full term of this Agreement and require the same of any subProviders, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Provider’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Provider or any subcontractor that affect Provider’s performance of services, including any delay, shall be Provider’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Provider caused delay and shall not be compensable by the City. Provider shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Provider or any subcontractor.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Provider.
Provider may cancel this Agreement only for cause upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Provider shall be entitled to compensation for Services performed satisfactorily to the effective date of termination; City, however, may condition payment of such compensation upon Provider delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Provider or prepared by or for Provider or the City in connection with this Agreement.
8.2 Extension. City may, in their sole and exclusive discretion, extend the end date of the term of this Agreement beyond that provided for in Section 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Provider understands and agrees that, if City grants such an extension, City shall have no obligation to provide Provider with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Provider for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the Parties.
8.4 Assignment and Subcontracting. City and Provider recognize and agree that this Agreement contemplates personal performance by Provider and is based upon a determination of Provider’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial
inducement to City for entering into this Agreement was and is the professional reputation and competence of Provider. Provider may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Provider shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Provider shall survive the termination of this Agreement.
8.6 Options upon Breach by Provider. If Provider materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Provider pursuant to this Agreement; and/or
8.6.3 Retain a different Provider to complete the work described in Exhibit A not finished by Provider in which case the City may charge Provider the difference between the cost to have a different Provider complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Provider pursuant to Section 2 if Provider had completed the work.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Provider’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, drawings, records, files, or any other documents or materials, in electronic or any other form, that Provider prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Provider hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use.
9.2 Confidentiality. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Provider prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be kept confidential by Provider. Such materials shall not, without the prior written permission of City, be used by Provider for any purpose other than the performance of this Agreement nor shall such materials be disclosed publicly. Nothing furnished to Provider which is generally known, shall be deemed confidential. Provider shall not use the City’s name or logo or photographs pertaining to the Services under this Agreement in any publication without the prior written consent of the City.
9.3 Provider’s Books and Records. Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for Services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Provider.
9.4 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Provider to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under the Agreement.
9.5 Intellectual Property. The City shall have and retain all right, title and interest, including copyright, patent, trade secret or other proprietary rights in all plans, specifications, studies, drawings, estimates, materials, data, computer programs or software and source code, enhancements, documents and any other works of authorship fixed in any tangible medium or expression, including but not limited to physical drawings or other data magnetically or otherwise recorded on computer media (“Intellectual Property”) prepared or developed by or on behalf of Provider under this Agreement. Provider further grants to City a non-exclusive and perpetual license to copy, use, modify or sub -license any and all Intellectual Property otherwise owned by Provider which is the basis or foundation for any derivative, collective, insurrectional or supplemental work created under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Venue. In the event either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Contra Costa or in the United States District Court for the Northern District of California.
10.2 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of an y provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.3 No Implied Waiver of Breach . The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.4 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.5 Use of Recycled Products. Provider shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.6 Conflict of Interest. Provider may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Provider in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Provider shall not employ any official of City in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq.
Provider hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Provider was an employee, agent, appointee, or official of City in the previous twelve months, Provider warrants that it did not participate in any manner in the forming of this Agreement. Provider understands that, if this Agreement is made in violation of Government Code § 1090 et. seq., the entire Agreement is void and Provider will not be entitled to any compensation for Services performed pursuant to this Agreement, including reimbursement of expenses, and Provider will be required to reimburse the City for a ny sums paid to the Provider. Provider understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code Section 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.7 Inconsistent Terms. If the terms or provisions of this Agreement conflict with or are inconsistent with any term or provision of any Exhibit attached hereto, then the terms and provisions of this Agreement shall prevail.
10.8 Solicitation. Provider agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Lt. Matt Koch ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Provider shall be sent to:
Any written notice to City shall be sent to:
Antioch Police Department
City of Antioch
P. O. Box 5007
Antioch, CA 94531-5007
City of Antioch
P. O. Box 5007
Antioch, CA 94531-5007
Attn: City Attorney
10.11 Integration. This Agreement, including all exhibits and other attachments, represents the entire and integrated agreement between City and Provider and supersedes all prior negotiations, representations, or agreements, either written or oral.
CITY: PROVIDER:
CITY OF ANTIOCH [M. Fernandez Towing]
____________________________________ By:______________________________ Bessie Marie Scott
City Manager
Name:___________________________
Title:____________________________
Attest:
____________________________________
Michael J. Mandy
City Clerk
Approved as to Form:
Derek Cole
Interim City Attorney
[Two signatures are required for a corporation or one signature with the corporate bylaws indicating that one person can sign on behalf of the corporation]
EXHIBIT A
SCOPE OF SERVICES
Company, also referred to as “Operator,” shall maintain a business office address and primary storage facility located within the Antioch city limits and staffed with at least one employee during normal business hours. Operator may also have a secondary storage facility located within East Contra Costa County not to exceed five miles from the Antioch city limits, for use when the primary storage facility is full. Operator must be on, and remain on, the Antioch Police Department’s Rotational Tow List and meet all requirements of the California Highway Patrol Tow Service Agreement.
Operator shall equip and maintain tow trucks covered under this contract in accordance with provisions set forth in the California Vehicle Code, Title 13 of the California Code of Regulations, specifications in this contract, and in a manner consistent with industry standards and practices including the equipment requirements set forth in CHP form 243B (Rev. 9-03) OPI 161 Tow Truck Equipment Specification (By Class), and.CHP form 243B (Rev. 5-04) OPI 161 (Page 2) Tow Truck Inspection Guide for pertinent California vehicle codes and additionally required equipment. ( These forms are available online at www.ca.chp.gov.)
This agreement is specific to towing and tow related services for city owned and/or controlled vehicles/equipment. This includes, but is not limited to passenger cars, pick-up trucks, large commercial vehicles, and equipment such as tractors or backhoes. The agreement includes the towing and moving of a vehicle from one place to another at the request of a city representative. Tow related services include but are not limited to service calls for tire changes and vehicle lockouts.
This agreement is also specific to the towing of certain vehicles that the Police Department has care and control due to having evidentiary value; and long-term storage of these vehicles when required for criminal or civil proceedings. Storage of motor vehicles is required to be secure and indoors, unless specified by a representative of the Police Department. These vehicles include but are not limited to passenger cars, all types of trucks, and motorcycles.
1. REQUIREMENTS:
A. Provider must be on the City of Antioch / Antioch Police Departments Rotational Tow list and in good standing. All provisions of the Rotational Tow Agreement will apply to this agreement.
2. RATE BREAKDOWN:
A. Fees charged for response calls originating from a City of Antioch facility, such as the Police Department or Public Works, shall be reasonable.
B. The rate for towing shall be based from portal to portal and may be at a one- hour minimum. Charges in excess of one hour may be charged in fifteen- minute increments. There shall be no additional charges for mileage, labor, etc.
•
C. Rates for service calls (out of gas, lockouts, etc.) shall be from portal to the end of service.
•
D. Release fees, when appropriate, may be charged for vehicles released after normal business hours (1700 – 0800 hours) and all-day Saturday, Sunday and recognized holidays.
•
E. Vehicles stored for twenty-four hours or less shall be charged no more than one-day storage. Each day thereafter shall be calculated by calendar day. •
F. The schedule of rates charged by the Operator shall be made available upon demand to person(s) for whom the tow services were provided, or his/her agent.
•
3. RESPONSE TO R E Q U E S T S F O R T O W I N G O R S E R V I C E R E L A T E D C A L L:
A. The Operator shall respond to City of Antioch calls twenty-four hours a day, seven (7) days a week, within the maximum response time of twenty (30) minutes for services needed in the city. If services are required outside of the City of Antioch, response time shall be reasonable. The Operator will advise the city employee calling at the time of notification, if they are either unable to respond or unable to meet the maximum response time. If, after accepting the call, the Operator is unable to respond or will be delayed in
responding, the Operator shall immediately notify the City of Antioch.
1. Failure(s) to respond and/or failure(s) to meet the maximum response time requirements shall constitute failure to comply with the terms and conditions of this Agreement.
4. STORAGE FACILITY:
A. Operator shall have a Primary storage facility located at the same location as the business/office address located within the Antioch city limits. The Primary Storage facility must have the capacity to store a minimum of at least 25 vehicles.
1. Vehicles towed for the City of Antioch Police Department shall be stored at the primary storage facility.
2. A secondary storage facility located within five miles from the Antioch city limits may be utilized if the primary storage facility is full. •
B. The Operator shall provide adequate security of vehicles and property at the place of storage. As a minimum, a fenced or enclosed area shall be provided. Operator shall store vehicles together and cordon off in an area in an area not accessible to the public. The Operator is responsible for the reasonable care, custody and control of any property contained in towed or stored vehicles.
C. The Operator shall not remove any property from a vehicle being stored without prior approval from APD. In instances where APD has provided written authorization, the Operator will provide a receipt, with a copy placed in the stored vehicle. The requirement to obtain approval from APD prior to removal of property may be excused by the bureau commander if it is determined proper safeguards and procedures are utilized by the Operator.
•
1. The Operator shall release personal property from the vehicle only to the registered owner or agent with prior approval from APD.
a. Personal property means items which are not affixed to the vehicle.
2. No vehicle shall be released without a APD release form. This shall be confirmed by an authorized signed form from a representative of the APD.
D. The primary storage facility shall be at the same location as the business address. If a vehicle is stored at the secondary storage facility there shall be no charge for any additional distance traveled to and from that location. The vehicle and personal property shall be released at the primary storage facility upon request of the owner or a person having a legal entitlement to the vehicle. Prior to the utilization of new storage facilities that were not listed on the application for Rotation Tow Listing, the Operator shall obtain the approval of the Chief of Police and furnish the address.
5. BUSINESS RECORDS/CITY BILLING:
A. The Operator shall submit invoices of tow services furnished, including a description of vehicles, nature of service, time, location of calls, and total itemized costs of towing or service provided. Standard “Tow Slips” may accompany an invoice but will not be accepted as monthly invoices.
B. Required records may also include original copies of CHP-180 forms. The APD may inspect all Operator records without notice during normal business hours. These records (hard copies, unless otherwise approve by APD) must be maintained at the place of business located within the Antioch City limits.
•
6. COMPLIANCE WITH LAW:
A. The Operator shall at all times comply with Federal, State and local laws and ordinances applicable to the Operator.
B. Any felony conviction of the Operator involving stolen or embezzled vehicles, fraud related to the towing business, stolen property, or moral turpitude shall be cause for denial of application or termination of the Agreement.
•
7. CANCELLATION:
A. This Agreement will remain in effect until cancellation by either party. The agreement may be canceled by either party by giving 15 days’ written notice.
TOW EQUIPMENT REQUIRED/SERVICES REQUIRED:
Class A – GVWR of at least 14,000 lbs
Class B – GVWR of 26,001 lbs
Class C – GVWR of 33,000 lbs
Class D – GVWR of 55,000 lbs
Salvage Recovery
Inside/Outside Storage- Daily Rate
EXHIBIT B
COMPENSATION SCHEDULE
Service Calls – 30 Minutes – Flat Tire, Jumpstart, and Lockout - $40.00 Light-Duty Tow – Per Hour - $100.00
Medium-Duty Tow – Per Hour - $130.00
Heavy-Duty Tow– Per Hour - $150.00
Semi-Hauling – Per Hour - $150.00
Recovery – Per Hour - $250.00
Standard Storage Rate – Per Calendar Day - $5.00
Oversized Storage Rate – Per Calendar Day - $15.00
** All Light Duty, Medium Duty, and Heavy Duty Tows are applicable for all vehicles and equipment **
City of Antioch - Request for Proposals – Towing Services for City Vehicles and Storage of Vehicles when Required Page 1 of 23
REQUEST FOR PROPOSAL
T
OWING SERVICES FOR CITY VEHICLES AND
STORAGE OF VEHICLES WHEN REQUIRED
PROPOSAL NO. 961-0821-25
PROPOSAL DUE DATE: Thursday, September 18, 2025 @ 4:30 PM Antioch Police Department
300 L Street
Antioch, CA 94509
(925)779-6999
ATTACHMENT C
City of Antioch - Request for Proposals – Towing Services for City Vehicles and Storage of Vehicles when Required Page 2 of 23
CITY OF ANTIOCH
NOTICE INVITING PROPOSALS, RFP NO. 961-0914-25
TOWING SERVICES FOR CITY VEHICLES AND STORAGE OF VEHICLES WHEN
REQUIRED
PUBLIC NOTICE IS HEREBY GIVEN that proposals will be received until 4: 30 pm, September 18, 2025 at 300 L St. Antioch, CA 94509, for the furnishing to the City of Antioch (“City”) of Towing Services for City Vehicles and Storage of Vehicles when Required.
Interested parties may obtain copies of the above captioned Request for Proposals (“RFP”) at the City’s website accessible at the following web address: www.antiochca.gov/rfps/ . Proposals must be sent electronically to the Police Department no later than 4:30 p.m. on September 18, 2025, to [email protected]. Any questions or requests regarding this RFP may be submitted electronically to Lieutenant Bill Whitaker at [email protected].
INTRODUCTION
The City of Antioch and the Antioch Police Department are requesting proposals from qualified companies to provide tow services for city vehicles and storage when required. Submitters must currently be on the city Rotational Tow List and in good standing.
Below is a tentative schedule for this RFP:
ACTION DATE
Release of Request for Proposal August 21,
2025
Last Day to Submit Questions for Clarification on or before 4:30 pm September 04, 2025
Clarifications Issued by City on or before 4:30 pm September 08, 2025
Deadline for Receipt of Proposals submitted on or before 4:30 pm September 18, 2025
Notification of Finalist(s) September 22,
2025
City of Antioch - Request for Proposals – Towing Services for City Vehicles and Storage of Vehicles when Required Page 3 of 23
ACTION DATE
Notification of Intent to Award September 25,
2025
Execute Contracts September 25,
2025
The above scheduled dates are tentative, and City retains the sole discretion to adjust the above schedule. Nothing set forth herein shall be deemed to bind City to award a contract for the above- described Services and City retains the sole discretion to cancel or modify any part of or all of this RFP at any time.
SCOPE OF SERVICES
The City of Antioch desires to contract for towing services and associated services, and vehicle storage when required. These services are specific to vehicles the City of Antioch owns, leases, or otherwise has care and custody.
The Operator shall be able to respond up to a 50 mile radius of the City of Antioch twenty-four hours a day, seven (7) days a week, within a reasonable amount of time depending on the distance. A tow company's place of business/office will be within the Antioch City Limits. The primary storage facility will be located at the same location as the business address located within the city.
It is required that the tow company be on the APD rotational list and in good standing. Operator shall maintain a minimum of two tow trucks with at least one capable of towing vehicles as outlined in Exhibit A and shall maintain minimum levels of insurance.
The Operator shall maintain a secure facility for the storage of vehicles when needed. The Police Department often requires vehicles with evidentiary value to be stored for various periods of time.
The Operator shall maintain records of tow services furnished, including a description of vehicles, nature of service, time, location of calls, and total itemized costs of towing and storage when applicable. The Operator shall at all times comply with Federal, State and local laws and ordinances applicable to the Operator.
See the scope of services in the attached contract for complete details, Exhibit A.
It is the intent of the City to contract with one Operator for the services presented herein for a term of three years with an option by the City in its sole discretion to extend the duration of the contract twice for one additional year each.
City of Antioch - Request for Proposals – Towing Services for City Vehicles and Storage of Vehicles when Required Page 4 of 23
SUBMISSION REQUIREMENTS
All proposals should be concise, to the point, and should include the following information organized as separate sections of the proposal.
1. Letter of Interest
All proposals shall be accompanied by a transmittal letter addressed to the Antioch Police Department, Lieutenant Bill Whitaker, signed by an officer authorized to commit firm resources. The letter shall include the following:
a. The name of the proposing consultant, the primary contact, mailing and physical address, telephone number and email address.
b. Cover letter stating interest in the work and whether the contractor provides services related to state government, federal government, or both.
c. Certification that (1) all information submitted in the proposal is true and correct, (2) the person signing the proposal has the full authority to do so, (3) the fees proposed have not been knowingly disclosed, directly or indirectly, to any other consultant responding to this RFP, and (4) no attempt has been made by the proposing contractor to induce any other company to submit or not submit a response to this RFP for the purpose of restricting competition.
2. Requirements/Questionnaire
Completion of the Requirements/Questionnaire as outlined in Attachment A.
3. Staffing and Qualifications
Names and qualifications of key personnel
4. References
All proposals shall include a minimum of three client references, with at least one reference being the California Highway Patrol. References should include the client’s name, contact person, mailing address, telephone number and email address.
5. Professional Services Agreement; Exceptions to the Specifications
Provide a statement that Proposer has reviewed the City’s standard Professional Services Agreement outlined in Attachment B and is able to meet the requirements in the Agreement with specific attention to the insurance requirements. Untimely exceptions to the proposal specifications or the Professional Services Agreement are waived.
EVALUATION PROCESS
Proposals will be evaluated in accordance with the criteria outlined in the section entitled Submission Requirements. Proposals will be evaluated for specificity, completeness, personnel qualifications, and demonstrated knowledge and experience as described in the section entitled Scope of Services.
City of Antioch - Request for Proposals – Towing Services for City Vehicles and Storage of Vehicles when Required Page 5 of 23
Phases of Evaluation. Proposals will be reviewed by the committee in four general phases:
a. All proposals will be evaluated based on the submission requirements and criteria.
b. The Committee shall rate and compose a short list of Providers based on the submission requirements and criteria.
c. Fee proposals will be reviewed and evaluated.
d. The Committee may require an interview of Respondents (and key personnel) or site visit to very security of storage facility.
The City will select the consultant based on demonstrated competence and on the possession of the professional qualifications necessary for the satisfactory performance of the services required. The agreement may not necessarily be awarded to the lowest responsible proposer.
When selecting the consultant, the skill and ability of the entity or personnel performing the services is a key component of the selection criteria.
1. Reservation of Rights.
The City reserves the right to cancel this RFP, or to reject, in whole or in part, any and all proposals received in response to this RFP. The City, upon its determination, further reserves the right to waive any minor informality in any proposals received, if it is in the public interest to do so. The determination of the criteria and process whereby proposals are evaluated, the decision as to who shall receive a contract award, or whether or not to award, shall be made as a result of the RFP and at the sole and absolute discretion of the City.
2. Payment Terms.
When applicable, providers will be required to submit invoices on a monthly basis. The invoice will include a breakdown of all services provided and the hourly rate for such services.
City of Antioch - Request for Proposals – Towing Services for City Vehicles and Storage of Vehicles when Required Page 6 of 23
ATTACHMENT A
Requirements/Questionnaire
A. Proposing Firm and General Information
1. Company name and address
2. RFP contact/phone/fax/email
B. Qualifications and Experience
1. Describe your company’s history and business functions.
2. Indicate the tow service experience of your company.
C. Team and Facilities
1. Provide the experience of the person who will be assigned to coordinate services to the City.
2. Identify the members of the team, length of employment with your company.
3. The City requires that a two-service contractor has a storage facility capable of storing 25 or more vehicles within City of Antioch city limits. Describe the size and location of your storage facility as well as security measures at the location.
4. Demonstrate that you have at least two tow trucks and at least one meeting all the requirements outlined in Exhibits A&B.
F. Certificate of Insurance
Please demonstrate that you have the insurance required in the attached contract, or how you will obtain the insurance by execution of the contract.
City of Antioch - Request for Proposals – Towing Services for City Vehicles and Storage of Vehicles when Required Page 7 of 23
EXHIBIT A
SCOPE OF SERVICES
This agreement is specific to towing and tow related services for city owned and/or controlled vehicles/equipment. This includes, but is not limited to passenger cars, pick-up trucks, large commercial vehicles, and equipment such as tractors or backhoes. The agreement includes the towing and moving of a vehicle from one place to another at the request of a city representative. Tow related services include but are not limited to service calls for tire changes and vehicle lockouts.
This agreement is also specific to the towing of certain vehicles that the Police Department has care and control due to having evidentiary value; and long-term storage of these vehicles when required for criminal or civil proceedings. Storage of motor vehicles is required to be secure and indoors, unless specified by a representative of the Police Department. These vehicles include but are not limited to passenger cars, all types of trucks, and motorcycles.
Company, also referred to as “Operator,” shall have a business office address and primary storage facility located within the Antioch city limits. Operator may also have a secondary storage facility located within East Contra Costa County not to exceed five miles from the Antioch city limits, for use when the primary storage facility is full. Operator must be on, and remain on, the Antioch Police Departments Rotational List.
Operator shall equip and maintain tow trucks covered under this contract in accordance with provisions set forth in the California Vehicle Code, Title 13 of the California Code of Regulations, specifications in this contract, and in a manner consistent with industry standards and practices including the equipment requirements set forth in CHP form 243B (Rev. 9-03) OPI 161 Tow Truck Equipment Specification (By Class), and CHP form 243B (Rev. 5-04) OPI 161 (Page 2) Tow Truck Inspection Guide for pertinent California vehicle codes and additionally required equipment. ( These forms are available online at www.ca.chp.gov.)
1. REQUIREMENTS:
A. Provider must be on the City of Antioch / Antioch Police Departments Rotational Tow list and in good standing. All provisions of the Rotational Tow Agreement will apply to this agreement.
2. RATE BREAKDOWN:
A. Fees charged for response calls originating from a City of Antioch facility, such as the Police Department or Public Works, shall be reasonable.
B. The rate for towing shall be based from portal to portal and may be at a one- hour minimum. Charges in excess of one hour may be charged in fifteen- minute increments. There shall be no additional charges for mileage, labor,
City of Antioch - Request for Proposals – Towing Services for City Vehicles and Storage of Vehicles when Required Page 8 of 23
etc.
C. Rates for service calls (out of gas, lockouts, etc.) shall be from portal to the end of service.
D. Release fees, when appropriate, may be charged for vehicles released after normal business hours (1700 - 0800 hours) and all-day Saturday, Sunday and recognized holidays.
E. Vehicles stored for twenty-four hours or less shall be charged no more than one- day storage. Each day thereafter shall be calculated by calendar day.
F. The schedule of rates charged by the Operator shall be made available upon demand to person(s) for whom the tow services were provided, or his/her agent.
3. RESPONSE TO REQUESTS FOR TOWING OR SERVICE RELATED CALL:
A. The Operator shall respond to City of Antioch calls twenty-four hours a day, seven (7) days a week, within the maximum response time of twenty (30) minutes for services needed in the city. If services are required outside of the City of Antioch, response time shall be reasonable. The Operator will advise the city employee calling at the time of notification, if they are either unable to respond or unable to meet the maximum response time. If, after accepting the call, the Operator is unable to respond or will be delayed in responding, the Operator shall immediately notify the City of Antioch.
1. Failure(s) to respond and/or failure(s) to meet the maximum response time requirements shall constitute failure to comply with the terms and conditions of this Agreement.
4. STORAGE FACILITY:
A. Operator shall have a Primary storage facility located at the same location as the business/office address located within the Antioch city limits. The Primary Storage facility must have the capacity to store a minimum of at least 25 vehicles.
1. Vehicles towed for the City of Antioch Police Department shall be stored at the primary storage facility.
2. A secondary storage facility located within five miles from the Antioch city limits may be utilized if the primary storage facility is full.
B. The Operator shall provide adequate security of vehicles and property at the place of storage. As a minimum, a fenced or enclosed area shall be provided.
Operator shall store vehicles together and cordon off in an area in an area not accessible to the public. The Operator is responsible for the reasonable care, custody and control of any property contained in towed or stored vehicles.
City of Antioch - Request for Proposals – Towing Services for City Vehicles and Storage of Vehicles when Required Page 9 of 23
C. The Operator shall not remove any property from a vehicle being stored without prior approval from APD. In instances where APD has provided written authorization, the Operator will provide a receipt, with a copy placed in the stored vehicle. The requirement to obtain approval from APD prior to removal of property may be excused by the bureau commander if it is determined proper safeguards and procedures are utilized by the Operator.
1. The Operator shall release personal property from the vehicle only to the registered owner or agent with prior approval from APD.
a. Personal property means items which are not affixed to the vehicle.
2. No vehicle shall be released without a APD release form. This shall be confirmed by an authorized signed form from a representative of the APD.
D. The primary storage facility shall be at the same location as the business address. If a vehicle is stored at the secondary storage facility there shall be no charge for any additional distance traveled to and from that location. The vehicle and personal property shall be released at the primary storage facility upon request of the owner or a person having a legal entitlement to the vehicle.
Prior to the utilization of new storage facilities that were not listed on the application for Rotation Tow Listing, the Operator shall obtain the approval of the Chief of Police and furnish the address.
5. BUSINESS RECORDS/CITY BILLING:
A. The Operator shall submit invoices of tow services furnished, including a description of vehicles, nature of service, time, location of calls, and total itemized costs of towing or service provided. Standard “Tow Slips” may accompany an invoice but will not be accepted as monthly invoices.
B. Required records may also include original copies of CHP-180 forms. The APD may inspect all Operator records without notice during normal business hours.
These records (hard copies, unless otherwise approve by APD) must be maintained at the place of business located within the Antioch City limits.
6. COMPLIANCE WITH LAW:
A. The Operator shall at all times comply with Federal, State and local laws and ordinances applicable to the Operator.
B. Any felony conviction of the Operator involving stolen or embezzled vehicles, fraud related to the towing business, stolen property, or moral turpitude shall be cause for denial of application or termination of the Agreement.
7. CANCELLATION:
City of Antioch - Request for Proposals – Towing Services for City Vehicles and Storage of Vehicles when Required Page 10 of 23
A. This Agreement will remain in effect until cancellation by either party. The agreement may be canceled by either party by giving 15 days’ written notice.
TOW EQUIPMENT REQUIRED/SERVICES REQUIRED:
Class A - GVWR of at least 14,000 lbs
Class B - GVWR of 26,001 lbs
Class C - GVWR of 33,000 lbs
Class D - GVWR of 55,000 lbs
Salvage Recovery
Inside/Outside Storage- Daily Rate
Service Call (IE. Flat tire, dead battery, etc.)
City of Antioch - Request for Proposals – Towing Services for City Vehicles and Storage of Vehicles when Required Page 11 of 23
EXHIBIT B
Sample Contract
CONSULTING SERVICES/PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ANTIOCH AND ___________________________________ [NAME]
THIS AGREEMENT (“ Agreement”) is made and entered into this _____ day of _________________, 202___ (“Effective Date”) by and between the City of Antioch, a municipal Corporation with its principle place of business at 200 H Street, Antioch, CA 94509 (“City”) and _____________________________ with its principle place of business at _____________________________ (“Consultant”). City and Consultant individually are sometimes referred to herein as “Party” and collectively as “Parties.”
SECTION 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to provide to City the services described in the Scope of Work attached as Exhibit A attached hereto and incorporated herein at the time and place and in the manner specified therein (“Services”). In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on _______________, the date of completion specified in Exhibit A , and Consultant shall complete the Services described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect the City’s right to terminate the Agreement, under Section 8.
1.2 Standard of Performance. Consultant represents that it is experienced in providing these services to public clients and is familiar with the plans and needs of City. Consultant shall perform all Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform Services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall , immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of Services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.
City of Antioch - Request for Proposals – Towing Services for City Vehicles and Storage of Vehicles when Required Page 12 of 23
SECTION 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed ______________________, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for Services rendered pursuant to this Agreement at the time and in the manner set forth below. The payments specified below shall be the only payments from City to Consultant for Services rendered pursuant to this Agreement. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the Services required hereunder, including salaries and benefits of employees and subcontrac tors 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. Ci ty therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; • The beginning and ending dates of the billing period; • A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
• At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; • The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services; and, • The Consultant’s signature.
2.2 Payment Schedule.
2.2.1 City shall make incremental payments, based on invoices received, [according to the payment schedule outlined in Exhibit A and incorporated herein], for Services satisfactorily performed, in accordance with the requirements of this Agreement, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements of Section 2.1 to pay Consultant.
2.2.2 City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City a final invoice, if all services required have been satisfactorily performed.]
City of Antioch - Request for Proposals – Towing Services for City Vehicles and Storage of Vehicles when Required Page 13 of 23
2.3 Total Payment. City shall pay for the Services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering Services pursuant to this Agreement, unless expressly provided for in Section 2.5.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a pro perly executed change order or amendment.
2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule in Exhibit B.
2.5 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed No-reimburseable_expenses_____ ($ 0). Expenses not listed below are not chargeable to City.
Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
Reimbursable Expenses are: _N/A__________________________
2.6 Payment of Taxes . Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.7 Authorization to Perform Services. The Consultant is not authorized to perform any Services or incur any costs whatsoever under the terms of this Agreement until Consultant receives authorization to proceed from the Contract Administrator.
SECTION 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the Services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Cons ultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work by the Co nsultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all
City of Antioch - Request for Proposals – Towing Services for City Vehicles and Storage of Vehicles when Required Page 14 of 23
insurance required herein for the subcontractor(s) and provided evidence thereof to City.
Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Insurers shall have an AM Best rating of no less than A:VII unless otherwise accepted by the City in writing:
4.1 Commercial General Liability (CGL ). Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence.
If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. If Consultant’s services include work within 50 feet of a railroad right of way, the Consultant shall have removed any exclusion on their liability policy limiting coverage for work near a railroad, or shall provide a Railroad Protective Liability policy in favor of the City. Limits for such coverage shall be no less than $5,000,000.
4.2 Automobile Liability Insurance. ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non- owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
4.3 Workers' Compensation Insurance. Workers’ Compensation Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4.4 Professional Liability (Errors and Omissions). Insurance appropriate to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
4.5 Other Insurance Provisions. Unless otherwise specified below, all insurance policies are to contain, or be endorsed to contain, the following provisions: Page 2 of 19 City of Antioch | City Manager’s Office Request for Qualification and Proposals – Executive Recruiting Services
4.5.1 Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used).
This requirement shall only apply to the CGL and Automobile Liability Insurance policies specified above.
4.5.2 Primary Coverage . For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, offici als, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. This requirement shall only apply to the CGL and Automobile Liability Insurance policies specified above.
City of Antioch - Request for Proposals – Towing Services for City Vehicles and Storage of Vehicles when Required Page 15 of 23
4.5.3 Notice of Cancellation . Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
4.5.4 Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement fro m the insurer. This requirement shall only apply to the CGL, Automobile Liability and Workers’ Compensation/Employer’s Liability Insurance policies specified above.
4.5.5 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
4.5.6 Claims made policies. If any of the required policies provide claims-made coverage:
4.5.6.1 The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
4.5.6.2 Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
4.5.6.3 If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
4.6 Certificate of Insurance and Endorsements. Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
4.7 Subcontractors. Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated in this Agreemen t, including but not limited to naming additional insureds
4.8 Higher Limits. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant.
Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
City of Antioch - Request for Proposals – Towing Services for City Vehicles and Storage of Vehicles when Required Page 16 of 23
4.9 Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.
4.10 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise, any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due to Consultant under the Agreement;
• Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or,
• Terminate this Agreement.
SECTION 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably acceptable to City), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduc t of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
5.1.1 Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.
5.2 By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement
City of Antioch - Request for Proposals – Towing Services for City Vehicles and Storage of Vehicles when Required Page 17 of 23
and assignment of personnel pursuant to Section 1.3; however, otherwise City shall not have the right to control the manner or means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all cl aims to, any compensation, benefit, or any incident of employment by City, including, but not limited to, eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the Services.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits . Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions .
Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, sexual orientation or any other legally protected status, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any Services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant
City of Antioch - Request for Proposals – Towing Services for City Vehicles and Storage of Vehicles when Required Page 18 of 23
shall include the provisions of this Section in any subcontract approved by the Contract Administrator or this Agreement.
7.6 California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Cons ultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor C ode Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Departm ent of Industrial Relations.
Consultant shall maintain registration for the full term of this Agreement and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop order s issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement only for cause upon thirty (30)
City of Antioch - Request for Proposals – Towing Services for City Vehicles and Storage of Vehicles when Required Page 19 of 23
days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for Services performed satisfactorily to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in their sole and exclusive discretion, extend the end date of the term of this Agreement beyond that provided for in Section 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substant ial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; and/or
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant in which case the City may charge Consultant the difference between the cost to have a different consultant complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
City of Antioch - Request for Proposals – Towing Services for City Vehicles and Storage of Vehicles when Required Page 20 of 23
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, drawings, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use.
9.2 Confidentiality. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be kept confidential by Consultant. Such materials shall not, without the prior written permission of City, be used by Consultant for any purpose other than the performance of this Agreement nor shall such materials be disclosed publicly. Nothing furnished to Consultant which is generally known, shall be deemed confidential.
Consultant shall not use the City’s name or logo or photographs pertaining to the Services under this Agreement in any publication without the prior written consent of the City.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for Services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant.
9.4 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under the Agreement.
9.5 Intellectual Property. The City shall have and retain all right, title and interest, including copyright, patent, trade secret or other proprietary rights in all plans, specifications, studies, drawings, estimates, materials, data, computer programs or software and source code, enhancements, documents and any other works of authorship fixed in any tangible medium or expression, including but not limited to physical drawings or other data magnetically or otherwise recorded on computer media (“Intellectual Property”) prepared or developed by or on behalf of Consultant under this Agreement. Consultant further grants to City a non-exclusive and perpetual license to copy, use, modify or sub- license any and all Intellectual Property otherwise owned by Consultant which is the basis or foundation for any derivative, collective, insurrectional or supplemental work created under this Agreement.
City of Antioch - Request for Proposals – Towing Services for City Vehicles and Storage of Vehicles when Required Page 21 of 23
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Venue. In the event either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Contra Costa or in the United States District C ourt for the Northern District of California.
10.2 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.3 No Implied Waiver of Breach . The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.4 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.5 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.6 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any official of City in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreem ent that would violate California Government Code Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et. seq., the entire Agreement is void and Consultant will not be entitled to any compensation for Services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code Section 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.7 Inconsistent Terms. If the terms or provisions of this Agreement conflict with or are inconsistent with any term or provision of any Exhibit attached hereto, then the terms and provisions of this Agreement shall prevail.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
City of Antioch - Request for Proposals – Towing Services for City Vehicles and Storage of Vehicles when Required Page 22 of 23
10.9 Contract Administration. This Agreement shall be administered by the Antioch Police Department ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
____________________________________________
____________________________________________
____________________________________________
____________________________________________
Any written notice to City shall be sent to:
[Antioch Police Department]
City of Antioch
P. O. Box 5007
Antioch, CA 94531-5007
City of Antioch
P. O. Box 5007
Antioch, CA 94531-5007
Attn: City Attorney
10.11 Integration. This Agreement, including all exhibits and other attachments, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
CITY: CITY OF ANTIOCH
City of Antioch - Request for Proposals – Towing Services for City Vehicles and Storage of Vehicles when Required Page 23 of 23
_____________________________
Bessie Scott, City Manager
Attest:
_____________________________
City Clerks Office
Approved as to Form
___________________________
CONSULTANT: [NAME OF CONSULTANT]
By:____________________________
Name:__________________________
Title:____________________________
Name:___________________________
Title:____________________________
ATTACHMENT D
M
Agenda Item #
S
TAFF REPORT TO THE CITY COUNCIL
DAT
E: Special Meeting of November 20, 2025
T
O: Honorable Mayor and Members of the City Council
S
UBMITTED BY: Desmond Bittner, Police Captain
A
PPROVED BY: Joseph Vigil, Police Chief
SUBJ
ECT: Consideration of Bids for the Police Department and Animal Services Interior Wall Painting and Limited Exterior Painting, Bid No. 968- 1023-25A
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution a ccepting the bid from Color New Corporation for the Police Department and Animal Services interior wall painting and limited exterior painting, in an amount not to exceed $280,000 and authorizing the City Manager to enter into an agreement with Color New Corporation in a form approved by the City Attorney.
FIS
CAL IMPACT
At the regular City Council meeting on November 12, 2024, the City Council approved an allocation of $1,3 11,759 for Police Department and Animal Services facility improvements. The total cost of the interior and limited exterior painting is $280,000.
DI
SCUSSION
Originally dedicated in 1994, the P olice Department and Animal Services is located at 300 L Street in downtown Antioch. The cabinetry, wall paneling, and overall interior design is over thirty-one years old. Given these facilities largely operate every day, around the clock, the facility is showing its age. This interior wall painting and limited exterior painting (door and window trim) remodel will revive an aging City facility and modernize the interior and exterior with a more aesthetically pleasing building for staff and customers of the City of Antioch.
T
he Public Works Department published Police Department & Animal Services Facility - Interior and Limited Exterior Painting, Request for Bid (RFB), Bid No. 968- 1023-25A, on September 17, 2025; the RFB solicitation closed on October 23, 2025. Five (5) complete and qualified RFB responses were received. Color New Corporation submitted the lowest responsive and responsible bidder for the project.
Antioch City Council Report
November 20, 2025 Agenda Item M 2
Staff recommends awarding the contract to Color New Corporation of Woodland Hills, CA for an amount not to exceed $280,000.
AT
TACHMENTS
A. Resolution
B. Bid Tabulation
C. Maintenance Services Agreement (MSA)- Draft
ATTACHMENT “A”
RESOLUTION NO. 2025/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
ACCEPTING THE BID AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE AGREEMENT WITH COLOR NEW CORPORATION OF WOODLAND HILLS,
CALIFORNIA FOR POLICE DEPARTMENT AND ANIMAL SERVICES INTERIOR WALL PAINTING AND LIMITED EXTERIOR PAINTING BID NO. 968-1023-25A IN AN AMOUNT NOT TO EXCEED $280,000
WHEREAS, the City of Antioch’s Police Department and Animal Services building was dedicated in 1994 and much of the painting is original;
WHEREAS, the City of Antioch’s Police Department and Animal Services strive to maintain the City’s facilities in a safe and aesthetically pleasing condition for its staff and customers;
WHEREAS, bids were solicited on September 17, 2025 for the Police Department and Animal Services Interior wall painting and limited exterior painting with the solicitation closing on October 23, 2025;
WHEREAS, five (5) complete, qualified bids were received with Color New Corporation submitting the lowest responsive bid; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby accepts the bid for Police Department and Animal Services Interior Wall Painting and Limited Exterior Painting Bid No. 968- 1023-25A from Color new Corporation of Woodland Hills , CA, in an amount not to exceed $ 280,000; and authorizes the City Manager to execute the Agreement in a form approved by the City Attorney.
* * * * * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a special meeting thereof, held on the 20th day of November 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
MICHAEL J. MANDY
CITY CLERK OF THE CITY OF ANTIOCH
$ 280,000.00 $ 319,000.00 $ 385,000.00 $ 447,000.00 $ 1,188,557.00 Total Cost
Total Cost Total Cost Total Cost Total Cost
Bid Tabulation
Police Department & Animal Services Facility ‐ Interior and Limited Exterior Painting Bid No. 968‐1023‐25A
Primal Paint Inc. Perfection Painting Corp Color New Corp Satellite Painting Inc. Integrity Paint and General Contracting
ATTACHMENT "B"
Color New Corporation Page 1 of 24
CITY OF ANTIOCH
MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement (“Agreement”) is made and entered into this 1st day of December, 2025 (“Effective Date”) by and between the City of Antioch, a municipal corporation organized under the laws of the State of California with its principal place of business at 200 H Street, Antioch California 94509 (“City”) and Color New Corporation with its principal place of business at 22855 Califa Street, Woodland Hills, CA (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing Painting Services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of th e work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the Police Department and Animal Services Internal and Limited External Painting project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Painting Services maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 [Insert Term or Time of Performance].
ATTACHMENT "C"
Color New Corporation Page 2 of 24
[If engaging the Contractor for a particular term, use the following provision] The term of this Agreement shall be from [Insert start date ] to [Insert end date ], unless earlier terminated as provided herein. The City reserves the right to review the Contractor’s performance at the end of each year and cancel all or part of the Agreement. [If the City has specific milestones or timelines for performance, please input those requirements in the “Schedule of Services” attached as Exhibit “B,” otherwise mark reserved in Exhibit “B.”]
[If engaging the Contractor to perform a discrete task with a specified deadline, use the following provision]
Contractor shall perform its services in a prompt and timely manner and shall commence performance upon the Effective Date. Contractor shall complete the services required hereunder within [Insert number of calendar days for performance of the services – if more detail is required attach “Schedule of Services” as Exhibit “B,” otherwise mark reserved in Exhibit “B.”]
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the r equirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s e xclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding , unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services . Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner.
Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements . All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City’s Representative . The City hereby designates [***INSERT NAME OR TITLE***], or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
Color New Corporation Page 3 of 24
3.2.5 Contractor’s Representative. Contractor hereby designates Louis Loiza, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services . Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represent s and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perfo rm the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Busi ness License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub -contractors who is determined by the C ity to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be pro mptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance and Liquidated Damages . Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. [***INCLUDE THE FOLLOWING SENTENCE ONLY IF YOU'RE INCLUDING LD'S – DELETE OTHERWISE – DON'T SIMPLY INSERT $0; ALSO DELETE “AND LIQUIDATED DAMAGES” FROM TITLE OF SECTION ***]Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of [***INSERT WRITTEN DOLLAR AMOUNT***] Dollars ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Agreement, Contractor shall continue to perform the Color New Corporation Page 4 of 24
Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) ho urs during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Contractor . By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method.
Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections.
3.2.10.2 Employment Eligibility; Subcontractors, Sub -subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and compl y with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements Color New Corporation Page 5 of 24
provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section
3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self -insurance in accor dance with the provisions of that Code, and agrees to comply with such provisions before commencing t he performance of the Services.
3.2.10.5 Equal Opportunity Employment . Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, h andicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel -powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.7 Water Quality.
(A) Management and Compliance . To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000 -14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the state.
(B) Liability for Non -Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non -compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
Color New Corporation Page 6 of 24
(C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water qualit y in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.
3.2.11 Insurance. Contractor shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under Exhibit “D” (Insurance Requirements), attached hereto and incorporated herein by this reference. In additio n, Contractor shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required therein.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.13 Bonds.
3.2.13.1 Performance Bond. [For agreements with a single term (no phased extension) use the following language:] If required by law or otherwise specifically requested by City in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.13.2 Payment Bond. [For agreements with a single term (no phased extension) use the following language:] If required by law or otherwise specifically requested by City in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not -to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further Color New Corporation Page 7 of 24
payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contracto r shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alterati on of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California- admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California- admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.13.5 Bond Amounts. Notwithstanding Sections 3.2.13.1 and 3.2.13.2, the City may, in its sole discretion, allow for any required Performance or Payment Bonds to be provided in increments of $100,000 of work. Once the Contractor has performed work valued at 80% of the bonded amount, the Contractor shall obtain additional bonds to cover the next $100,000 of work. This process shall continue consecutively throughout the term of the Agreement, up to the total, not -to-exceed compensation indicated in this Agreement. At no time sh all work be performed without the required bonding in place. The Contractor is solely responsible for ensuring that all work complies with the bonding requirements set forth herein.
Alternatively, the City may, in its sole discretion, allow for any required Performance or Payment Bonds to be provided annually based on the yearly Agreement amount rather than the total not-to- exceed compensation. In such cases, the bond amount shall be equal to the compensation authorized for each "Contract Year." For purposes of this Agreement, a "Contract Year" shall be defined as a consecutive 12-month period beginning on the Effective Date of the Agreement or a ny anniversary thereof. At no time shall work be performed that exceeds the bonded annual amount within any given Contract Year, unless the Contractor has secured and provided to the City an additional bond covering the excess amount. The Contractor is s olely responsible for ensuring that all work within each Contract Year does not exceed the bonded amount or that additional bonding is obtained as necessary.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable.
Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement.
Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred Eighty Color New Corporation Page 8 of 24
Thousand ($280,000) without written approval of City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation . Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or sin ce the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 California Labor Code Requirements
a. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Pr evailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to co mply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), empl oyment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The require ment to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Depart ment of Industrial Relations.
Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply Color New Corporation Page 9 of 24
with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Co ntractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officer s, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days bef ore the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. C ontractor may not terminate this Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished documents and data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.4.4 Agreement Subject to Appropriation of Funds . The Contractor understands and accepts that at all times; the Agreement is subject to appropriation of funds by the Antioch City Council. The Agreement may terminate without penalty, liability or expense of any kind to the City at the end of any fiscal year if funds are not appropriated for the next succeeding fiscal year. If funds are appropriated for a portion of the fiscal year, the Agreement will terminate, without penalty, liability or expense of any kind at the end of the term for which funds are appropriated. The City has no obligation to make appropriations for the Agreement in lieu of a ppropriations for new or other a greements. City budget decisions are subject to the discretion of the Mayor and City Council. Contractor’s assumption of risk of possible non-appropriation is a part of the consideration for the Agreement. This section controls against any and all other provisions of the Agreement.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Color New Corporation Page 10 of 24
Contractor:
Color New Corporation- Louis Loiza
22855 Califa Street
Woodland Hills, CA 91367
City:
Police Department and Animal Services
City of Antioch
P. O. Box 5007
Antioch, CA 94531-5007
City:
City of Antioch
P. O. Box 5007
Antioch, CA 94531-5007
Attn: City Attorney
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) h ours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorn eys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to clai ms that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City's choosing and at Contractor’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.2.1 that may be brought or instituted against City or its officials, officers, employees, volunteers and agents. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorneys’ f ees and costs, including expert witness fees. Contractor shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive Color New Corporation Page 11 of 24
expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents, or volunteers.
3.5.3 Governing Law; Government Code Claim Compliance . This Agreement shall be governed by the laws of the State of California. Venue shall be in Contra Costa County, California. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to fil ing any lawsuit against the City.
Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been fol lowed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence . Time is of the essence for each and every provision of this Agreement.
3.5.5 City’s Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.8 Construction; References; Captions . Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in t his Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.9 Amendment; Modification . No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in Section
3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
Color New Corporation Page 12 of 24
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest i n this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Attorneys’ Fees and Costs . If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to recover from the losing party attorney’s fees and costs in an amou nt determined to be reasonable by a court of competent jurisdiction.
3.5.16 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.5.18 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.19 Wage Theft Prevention.
3.5.19.1 Contractor, and any subcontractor it employs to complete work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act and the California Labor Code.
3.5.19.2 BY SIGNING THIS AGREEMENT, CONTRACTOR AFFIRMS THAT IT
HAS DISCLOSED ANY FINAL JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY, FINDING IN THE FIVE (5) YEARS PRIOR TO EXECUTING
THIS AGREEMENT THAT CONTRACTOR OR ITS SUBCONTRAC TORS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONTRACTOR FURTHER AFFIRMS THAT IT OR ITS Color New Corporation Page 13 of 24
SUBCONTRACTOR(S) HAS EITHER FULLY SATISFIED EACH JUDGMENT, DECISION OR ORDER, OR,
IF ANY JUDGMENT, DECISION OR ORDER HAS NOT BEEN FULLY SATISFIED, CONTRACTOR
AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) IS CURRENTLY SATISFYING SAID JUDGMENT,
DECISION OR ORDER THROUGH A PAYMENT OR ALTERNATIVE PLAN APPROVED BY THE
APPLICABLE COURT/GOVERNMENT AGENCY AND THAT CONTRACTOR OR ITS
SUBCONTRACTOR(S) ARE IN COMPLIANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS AGREEMENT.
3.5.19.3 If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that Contractor or a subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or Contractor learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Contractor shall inform the City no more than fifteen (15) calendar days after the judgment, decision or order bec omes final or from the date of learning of the final judgment, decision or order. Contractor or its subcontractor(s) shall, within thirty (30) calendar days after notifying the City, either (i) fully satisfy any such judgment, decision, or order and provide the City with documentary evidence of satisfying said judgment, decision or order; or (ii) provide the City documentary evidence of a payment or other alternative plan approved by the court/government agency to satisfy the judgment, decision or order. If the Contractor or its subcontractor is subject to a payment or other alternative plan, the Contractor or its subcontractor shall continue to submit documentary evidence every thirty (30) calendar days during the term of the Agreement demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied.
3.5.19.4 For purposes of this Section, a "final judgment, decision, or order" refers to one for which all appeals have been exhausted or the time period to appeal has expired. Relevant investigatory government agencies include: the United States Department of Lab or, the California Division of Labor Standards Enforcement, the City, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.
3.5.19.5 Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.
3.5.19.6 Notice provided to the City shall be addressed to: Attention: City Manager, P. O. Box 5007, Antioch, CA 94531-5007. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.
3.5.20 Federal Provisions . [***INCLUDE THIS SECTION ONLY IF APPLICABLE; DELETE OTHERWISE AND DELETE ASSOCIATED EXHIBIT . IF APPLICABLE, YOU MAY ALSO NEED TO INCLUDE SOME INFORMATION IN THE RFP. CONSULT LEGAL COUNSEL IF NECESSARY***]When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the p rovisions included in Exhibit “ E” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON NEXT PAGE]
Color New Corporation Page 14 of 24
SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF ANTIOCH
AND COLOR NEW CORPORATION
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 1st day of December , 2025.
CITY OF ANTIOCH
Approved By:
Bessie Marie Scott
City Manager
ATTEST:
Michael J. Mandy
City Clerk
Approved As To Form:
Derek Cole
Interim City Attorney
Color New Corporation
Signature
Name
Title
15 EXHIBIT “A”
SCOPE OF SERVICES
[***INSERT SCOPE***]
16 EXHIBIT “B”
[IF NO SCHEDULE EXISTS, PLEASE STATE THAT SERVICES ARE PERFORMED ON AN AS- NEEDED BASIS OR PROVIDE OTHER SUITABLE EXPLANATION OF SERVICE SCHEDULE]
SCHEDULE OF SERVICES
[***INSERT SCHEDULE***]
17 EXHIBIT “C”
COMPENSATION
[***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***]
[IF NO RATE SHEET EXISTS, PLEASE PROVIDE OTHER SUITABLE EXPLANATION]
18 EXHIBIT “D”
INSURANCE REQUIREMENTS
Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor’s Agreement.
Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements.
Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences.
City has the right to require Contractor’s insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
Commercial General Liability (CGL):
[****Note: Select one of the following; if , after reviewing a particular contract, the City Attorney’s Office approves amounts different from the following, change the numbers below to match the agreed -upon insurance requirements.****]
Χ Coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The required insurance limits may be met if an umbrella insurance provision explicitly supplements both the CGL and general aggregate limits to reach the required threshold.
[****Note: Place the “X” in the following if contractor is a nonprofit organization and indicates the limits above would create a financial hardship, a nd the lower limits have been approved by the City Attorney’s Office on a case-by-case basis.****]
___ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The required insurance limits may be met if an umbrella insurance provision explicitly supplements both the CGL and general aggregate limits to reach the required threshold.
19 ___ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $5,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The required insurance limits may be met if an umbrella insurance provision explicitly supplements both the CGL and general aggregate limits to reach the required threshold.
Automobile Liability:
Χ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), of if Contractor has no owned autos, Code 8 (hired) and 9 (non -owned), with limits no less than $1,000,000.00 combined single limit for bodily injury and property damage.
___ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), with limits no less than $5,000,000.00 combined single limit for bodily injury and property damage.
___ Garage keepers’ extra liability endorsement to extend coverage to all vehicles in the care, custod y and control of the Contractor, regardless of where the vehicles are kept or driven.
Professional Liability (Errors and Omissions):
___ Insurance appropriate to the Contractor ’s profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate.
___ (If Design/Build), with limits no less than $1,000,000.00 per occurrence or claim, and $2,000,000.00 policy aggregate.
___ Insurance appropriates to the Contractor’s profession, with limit no less than ______ per occurrence or claim, ______ aggregate
Workers’ Compensation Insurance:
Χ Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (Not required if Contractor provides written verification it has no employees. Waiver needed.)
The Employer’s Liability policy shall be endorsed to waive any right of subrogation as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees.
Builder’s Risk (Course of Construction):
___ Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. If the project does not involve new or major
20 reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to exi sting buildings, structures, processes, machinery and equipment.
The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.
Contractor’s Pollution Legal Liability:
___ Contractor’s pollution legal liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000.00 per occurrence or claim and $2,000,000.00 policy aggregate.
If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by t he Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Cyber Liability Insurance
___ Cyber Liability Insurance with limits not less than $1,000,000 per claim.
Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to in fringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security.
The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.
Surety Bonds:
Contractor shall provide the following Surety Bonds:
____ Bid Bond
____ Performance Bond
____ Payment Bond
[CHOOSE ONE OF THE FOLLOWING]
[USE THE FOLLOWING CLAUSE IF THE MSA IS NOT FOLLOWING THE THREE YEAR/TWO YEAR TERM STRUCTURE:] The Payment Bond and Performance Bond shall be in a sum equal to the contract price, or as otherwise specified and agreed to by the City in writing in its sole discretion pursuant to Section
3.2.13.5. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
21 [USE THE FOLLOWING CLAUSE IF THE MSA IS FOLLOWING THE THREE YEAR/TWO YEAR TERM STRUCTURE:]
The Payment Bond and Performance Bond shall each be in a sum equal to the total not -to-exceed compensation for the initial three-year term of the Agreement, or as otherwise specified and agreed to by the City in writing in its sole discretion pursuant to S ection 3.2.13.5. In the event the City exercises its option to extend the Agreement for an additional two-year term pursuant to Section 3.1.2, the Contractor shall provide new or supplemental bonds in a sum equal to the not -to-exceed compensation for the t wo-year extension.
All bonds shall be duly executed by a responsible corporate surety authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Other Insurance Provisions:
The insurance policies are to contain, or be endorsed to contain the following provisions:
Χ Additional Insured Status and Primary/Non-Contributory Language:
Contractor’s general liability and automobile liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed to add the City and its officers, officials, employees, and agents as additional insureds under such policies using Insurance Services Office form CG 20 10 (or equivalent) on the general liability policy. For construction projects, an endorsement providing completed operations coverage for the additional insured on the general liability policy, ISO form CG 20 37 (or equivalent), is also required.
The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
___ Loss Payee Status – Builder’s Risk/Course of Construction Insurance (applicable to Construction Contracts only)
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage.
Such coverage shall name the City as a loss payee as their interest may appear.
___ Notice of Cancellation, Suspension or Otherwise Voiding Policies:
Each insurance policy required above shall contain or be endorsed to contain that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except with thirty (30) days’ prior written notice by certified mail, return receipt requested to the City.
X Waiver of Subrogation:
22 Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be nece ssary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor, its employees, agents and subcontractors.
___ Completed Operations
For Construction Agreements, Contractor shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following the completion of this project. In the event Contractor fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by Contractor.
THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS
Deductibles and Self-Insured Retentions (“SIR”):
Any deductibles or self-insured retentions must be declared to and approved by City. The City may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
All SIRs must be disclosed to Risk Management for approval and shall not reduce the limits of liability.
Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City.
City reserves the right to obtain a full -certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Acceptability of Insurers:
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A -:VII, unless otherwise acceptable to City.
Claims Made Policies: (note - should be applicable only to professional liability, see below)
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
23 2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after com pletion of work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead -based paint or asbestos identification/remediation, the Contractor’s Pollution Liability Policy shall not contain lead -based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability Policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Subcontractors:
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
Subcontractor agrees to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other contract documents. Subcontractor further agrees to include the same requirements and provis ions of this Agreement, including the indemnity and insurance requirements, with any sub -subcontractor to the extent they apply to the scope of the sub - subcontractor’s work. A copy of the City indemnity and insurance provisions will be furnished to the subcontractor upon request.
Verification of Coverage:
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City b efore work commences. However, failure to obtain the required documents prior to the work beginning shall not wa ive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.
Failure to Comply:
24 Each insurance policy required above shall contain or be endorsed to contain that any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officials, officers, attorneys, agents, and employees.
Applicability of Coverage:
Each insurance policy required above shall contain or be endorsed to contain that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
N
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Special Meeting of November 20, 2025
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Desmond Bittner, Police Captain
APPROVED BY: Joseph Vigil, Police Chief
SUBJECT: Consideration of Bids for the Police Department and Animal Services Flooring Replacement, Bid No. 968-1023-25B.
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution accepting the bid from Perfection Painting Corporation for the Police Department and Animal Services flooring replacement, in an amount not to exceed $ 385,000 and authorizing the City Manager to execute the agreement in a form approved by the City Attorney.
FISCAL IMPACT
At the regular City Council meeting on November 12, 2024, the City Council approved an allocation of $1 ,311,579 for Police Department/Animal Services facility improvements.
The total cost of the flooring replacement $385,000.
DISCUSSION
Originally dedicated in 1994, the Police Department and Animal Services is located at 300 L Street in downtown Antioch. Most of the carpeting and flooring is over thirty-two years old and beyond repair or cleaning. This carpet and tile flooring remodel will revive an aging City facility and modernize the interior with a more aesthetically pleasing building for staff and customers of the City of Antioch.
The Public Works Department published Police Department and Animal Services Facility Flooring Replacement, Request for Bid (RFB), Bid No. 968-1023-25B, on September 17, 2025. The RFB solicitation closed on October 23, 2025. Two (2) complete and qualified RFB responses were received. Perfection Painting Corporation was the lowest responsive and responsible bidder for the project.
Staff recommends awarding the contract to Perfection Painting Corporation of Richmond, CA for an amount not to exceed $385,000.
ATTACHMENTS
A. Resolution
B. Bid Tabulation
C. Maintenance Service Agreement (MSA)- Draft
ATTACHMENT “A”
RESOLUTION NO. 2025/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
ACCEPTING THE BID AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH PERFECTION FLOORING CORPORATION OF RICHMOND
CALIFORNIA FOR POLICE DEPARTMENT AND ANIMAL SERVICES FLOORING REPLACEMENT IN AN AMOUNT NOT TO EXCEED $385,000
WHEREAS, the City of Antioch’s Police Department and Animal Services building was dedicated in 1994 and much of the flooring is original;
WHEREAS, the City of Antioch’s P olice Department and Animal Services strives to maintain the City’s facilities in a safe and aesthetically pleasing condition for its staff and customers;
WHEREAS, bids were solicited on September 17, 2025 for the Police Department and Animal Services F looring Replacement with the solicitation closing on October 23, 2025;
WHEREAS, two (2) complete, qualified bids were received with Perfection Flooring Corporation submitting the lowest responsive bid; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby accepts the bid for Police Department and Animal Services Flooring Replacement Bid No. 968- 1023-25B from Perfection Painting C orporation of Richmond, CA, in an amount not to exceed $385 ,000; and authorizes the City Manager to execute the Agreement in a form approved by the City Attorney.
* * * * * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a special meeting thereof, held on the 20th day of November 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
MICHAEL J. MANDY
CITY CLERK OF THE CITY OF ANTIOCH
$ 385,000.00 $ 441,675.00
Total Cost
Total Cost
Bid Tabulation
Police Department & Animal Services Flooring Replacement Bid No. 968‐1023‐25B
Perfection Painting Corp Monroy Flooring Inc.
ATTACHMENT "B"
Perfection Painting Corporation Page 1 of 24
CITY OF ANTIOCH
MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement (“Agreement”) is made and entered into this 1st day of December, 2025 (“Effective Date”) by and between the City of Antioch, a municipal corporation organized under the laws of the State of California with its principal place of business at 200 H Street, Antioch California 94509 (“City”) and Perfection Painting Corporation, with its principal place of business at 24820 Orchard Village, Ste A#310, Santa Clarita , CA (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing Flooring Replacement services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any p ortion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the Police Department and Animal Services Flooring Replacement project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Flooring Replacement maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 [Insert Term or Time of Performance].
ATTACHMENT "C"
Perfection Painting Corporation Page 2 of 24
[If engaging the Contractor for a particular term, use the following provision] The term of this Agreement shall be from [Insert start date ] to [Insert end date ], unless earlier terminated as provided herein. The City reserves the right to review the Contractor’s performance at the end of each year and cancel all or part of the Agreement. [If the City has specific milestones or timelines for performance, please input those requirements in the “Schedule of Services” attached as Exhibit “B,” otherwise mark reserved in Exhibit “B.”]
[If engaging the Contractor to perform a discrete task with a specified deadline, use the following provision]
Contractor shall perform its services in a prompt and timely manner and shall commence performance upon the Effective Date. Contractor shall complete the services required hereunder within [Insert number of calendar days for performance of the services – if more detail is required attach “Schedule of Services” as Exhibit “B,” otherwise mark reserved in Exhibit “B.”]
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the r equirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s e xclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services . Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner.
Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements . All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City’s Representative . The City hereby designates [***INSERT NAME OR TITLE***], or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
Perfection Painting Corporation Page 3 of 24
3.2.5 Contractor’s Representative. Contractor hereby designates Oscar Marquez, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services . Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represent s and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perfo rm the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Busi ness License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub -contractors who is determined by the C ity to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be pro mptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance and Liquidated Damages . Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. [***INCLUDE THE FOLLOWING SENTENCE ONLY IF YOU'RE INCLUDING LD'S – DELETE OTHERWISE – DON'T SIMPLY INSERT $0; ALSO DELETE “AND LIQUIDATED DAMAGES” FROM TITLE OF SECTION ***]Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penal ty, the sum of [***INSERT WRITTEN DOLLAR AMOUNT***] Dollars ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Agreement, Contractor shall continue to perform the Perfection Painting Corporation Page 4 of 24
Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) ho urs during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Contractor . By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method.
Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections.
3.2.10.2 Employment Eligibility; Subcontractors, Sub -subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and compl y with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements Perfection Painting Corporation Page 5 of 24
provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section
3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self -insurance in accor dance with the provisions of that Code, and agrees to comply with such provisions before commencing t he performance of the Services.
3.2.10.5 Equal Opportunity Employment . Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, h andicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel -powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.7 Water Quality.
(A) Management and Compliance . To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000 -14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, po licies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the state.
(B) Liability for Non -Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non -compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
Perfection Painting Corporation Page 6 of 24
(C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water qualit y in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.
3.2.11 Insurance. Contractor shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under Exhibit “D” (Insurance Requirements), attached hereto and incorporated herein by this reference. In additio n, Contractor shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required therein.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulat ions, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not b e limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.13 Bonds.
3.2.13.1 Performance Bond. [For agreements with a single term (no phased extension) use the following language:] If required by law or otherwise specifically requested by City in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.13.2 Payment Bond. [For agreements with a single term (no phased extension) use the following language:] If required by law or otherwise specifically requested by City in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not -to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further Perfection Painting Corporation Page 7 of 24
payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contracto r shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alterati on of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California- admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California- admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.13.5 Bond Amounts. Notwithstanding Sections 3.2.13.1 and 3.2.13.2, the City may, in its sole discretion, allow for any required Performance or Payment Bonds to be provided in increments of $100,000 of work. Once the Contractor has performed work valued at 80% of the bonded amount, the Contractor shall obtain additional bonds to cover the next $100,000 of work. This process shall continue consecutively throughout the term of the Agreement, up to the total, not -to-exceed compensation indicated in this Agreement. At no time shall work be performed without the required bonding in place. The Contractor is solely responsible for ensuring that all work complies with the bonding requirements set forth herein.
Alternatively, the City may, in its sole discretion, allow for any required Performance or Payment Bonds to be provided annually based on the yearly Agreement amount rather than the total not-to- exceed compensation. In such cases, the bond amount shall be equal to the compensation authorized for each "Contract Year." For purposes of this Agreement, a "Contract Year" shall be defined as a consecutive 12-month period beginning on the Effective Date of the Agreement or a ny anniversary thereof. At no time shall work be performed that exceeds the bonded annual amount within any given Contract Year, unless the Contractor has secured and provided to the City an additional bond covering the excess amount. The Contractor is sol ely responsible for ensuring that all work within each Contract Year does not exceed the bonded amount or that additional bonding is obtained as necessary.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable.
Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement.
Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to th e Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Three Hundred Eighty Perfection Painting Corporation Page 8 of 24
Five Thousand ($385,000) without written approval of City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation . Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or sin ce the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 California Labor Code Requirements
a. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Pre vailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employme nt of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Depart ment of Industrial Relations.
Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
Perfection Painting Corporation Page 9 of 24
c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days bef ore the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. C ontractor may not terminate this Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished documents and data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.4.4 Agreement Subject to Appropriation of Funds . The Contractor understands and accepts that at all times; the Agreement is subject to appropriation of funds by the Antioch City Council. The Agreement may terminate without penalty, liability or expense of any kind to the City at the end of any fiscal year if funds are not appropriated for the next succeeding fiscal year. If funds are appropriated for a portion of the fiscal year, the Agreement will terminate, without penalty, liability or expense of any kind at the end of the term for which funds are appropriated. The City has no obligation to make appropriations for the Agreement in lieu of a ppropriations for new or other a greements. City budget decisions are subject to the discretion of the Mayor and City Council. Contractor’s assumption of risk of possible non-appropriation is a part of the consideration for the Agreement. This section controls against any and all other provisions of the Agreement.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Perfection Painting Corporation Page 10 of 24
Contractor:
Perfection Painting Corporation
24820 Orchard Village, Ste A#310
Santa Clarita, CA
City:
Police Department and Animal Services
City of Antioch
P. O. Box 5007
Antioch, CA 94531-5007
City:
City of Antioch
P. O. Box 5007
Antioch, CA 94531-5007
Attn: City Attorney
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) h ours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related co sts and expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City's choosing and at Contractor’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.2.1 that may be brought or instituted against City or its officials, officers, employees, volunteers and agents. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, volunteers and agent s as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other pr oceeding. Such reimbursement shall include payment for City’s attorneys’ fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive Perfection Painting Corporation Page 11 of 24
expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents, or volunteers.
3.5.3 Governing Law; Government Code Claim Compliance . This Agreement shall be governed by the laws of the State of California. Venue shall be in Contra Costa County, California. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to fil ing any lawsuit against the City.
Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence . Time is of the essence for each and every provision of this Agreement.
3.5.5 City’s Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.8 Construction; References; Captions . Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.9 Amendment; Modification . No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in Section
3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
Perfection Painting Corporation Page 12 of 24
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest i n this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Attorneys’ Fees and Costs . If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to recover from the losing party attorney’s fees and costs in an amou nt determined to be reasonable by a court of competent jurisdiction.
3.5.16 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.5.18 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.19 Wage Theft Prevention.
3.5.19.1 Contractor, and any subcontractor it employs to complete work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act and the California Labor Code.
3.5.19.2 BY SIGNING THIS AGREEMENT, CONTRACTOR AFFIRMS THAT IT
HAS DISCLOSED ANY FINAL JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY, FINDING IN THE FIVE (5) YEARS PRIOR TO EXECUTING
THIS AGREEMENT THAT CONTRACTOR OR ITS SUBCONTRAC TORS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONTRACTOR FURTHER AFFIRMS THAT IT OR ITS Perfection Painting Corporation Page 13 of 24
SUBCONTRACTOR(S) HAS EITHER FULLY SATISFIED EACH JUDGMENT, DECISION OR ORDER, OR,
IF ANY JUDGMENT, DECISION OR ORDER HAS NOT BEEN FULLY SATISFIED, CONTRACTOR
AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) IS CURRENTLY SATISFYING SAID JUDGMENT,
DECISION OR ORDER THROUGH A PAYMENT OR ALTERNATIVE PLAN APPROVED BY THE
APPLICABLE COURT/GOVERNMENT AGENCY AND THAT CONTRACTOR OR ITS
SUBCONTRACTOR(S) ARE IN COMPLIANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS AGREEMENT.
3.5.19.3 If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that Contractor or a subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or Contractor learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Contractor shall inform the City no more than fifteen (15) calendar days after the judgment, decision or order bec omes final or from the date of learning of the final judgment, decision or order. Contractor or its subcontractor(s) shall, within thirty (30) calendar days after notifying the City, either (i) fully satisfy any such judgment, decision, or order and provide the City with documentary evidence of satisfying said judgment, decision or order; or (ii) provide the City documentary evidence of a payment or other alternative plan approved by the court/government agency to satisfy the judgment, decision or order. If the Contractor or its subcontractor is subject to a payment or other alternative plan, the Contractor or its subcontractor shall continue to submit documentary evidence every thirty (30) calendar days during the term of the Agreement demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied.
3.5.19.4 For purposes of this Section, a "final judgment, decision, or order" refers to one for which all appeals have been exhausted or the time period to appeal has expired. Relevant investigatory government agencies include: the United States Department of Lab or, the California Division of Labor Standards Enforcement, the City, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.
3.5.19.5 Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.
3.5.19.6 Notice provided to the City shall be addressed to: Attention: City Manager, P. O. Box 5007, Antioch, CA 94531-5007. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.
3.5.20 Federal Provisions . [***INCLUDE THIS SECTION ONLY IF APPLICABLE; DELETE OTHERWISE AND DELETE ASSOCIATED EXHIBIT . IF APPLICABLE, YOU MAY ALSO NEED TO INCLUDE SOME INFORMATION IN THE RFP. CONSULT LEGAL COUNSEL IF NECESSARY***]When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the p rovisions included in Exhibit “ E” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON NEXT PAGE]
Perfection Painting Corporation Page 14 of 24
SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF ANTIOCH
AND PERFECTION PAINTING CORPORATION
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 1st day of December , 2025.
CITY OF ANTIOCH
Approved By:
Bessie Marie Scott
City Manager
ATTEST:
Michael J. Mandy
City Clerk
Approved As To Form:
Derek Cole
Interim City Attorney
Perfection Painting Corporation
Signature
Name
Title
15 EXHIBIT “A”
SCOPE OF SERVICES
[***INSERT SCOPE***]
16 EXHIBIT “B”
[IF NO SCHEDULE EXISTS, PLEASE STATE THAT SERVICES ARE PERFORMED ON AN AS- NEEDED BASIS OR PROVIDE OTHER SUITABLE EXPLANATION OF SERVICE SCHEDULE]
SCHEDULE OF SERVICES
[***INSERT SCHEDULE***]
17 EXHIBIT “C”
COMPENSATION
[***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***]
[IF NO RATE SHEET EXISTS, PLEASE PROVIDE OTHER SUITABLE EXPLANATION]
18 EXHIBIT “D”
INSURANCE REQUIREMENTS
Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor’s Agreement.
Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements.
Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences.
City has the right to require Contractor’s insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
Commercial General Liability (CGL):
[****Note: Select one of the following; if , after reviewing a particular contract, the City Attorney’s Office approves amounts different from the following, change the numbers below to match the agreed -upon insurance requirements.****]
Χ Coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The required insurance limits may be met if an umbrella insurance provision explicitly supplements both the CGL and general aggregate limits to reach the required threshold.
[****Note: Place the “X” in the following if contractor is a nonprofit organization and indicates the limits above would create a financial hardship, a nd the lower limits have been approved by the City Attorney’s Office on a case-by-case basis.****]
___ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The required insurance limits may be met if an umbrella insurance provision explicitly supplements both the CGL and general aggregate limits to reach the required threshold.
19 ___ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $5,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The required insurance limits may be met if an umbrella insurance provision explicitly supplements both the CGL and general aggregate limits to reach the required threshold.
Automobile Liability:
Χ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), of if Contractor has no owned autos, Code 8 (hired) and 9 (non -owned), with limits no less than $1,000,000.00 combined single limit for bodily injury and property damage.
___ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), with limits no less than $5,000,000.00 combined single limit for bodily injury and property damage.
___ Garage keepers’ extra liability endorsement to extend coverage to all vehicles in the care, custod y and control of the Contractor, regardless of where the vehicles are kept or driven.
Professional Liability (Errors and Omissions):
___ Insurance appropriate to the Contractor ’s profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate.
___ (If Design/Build), with limits no less than $1,000,000.00 per occurrence or claim, and $2,000,000.00 policy aggregate.
___ Insurance appropriates to the Contractor’s profession, with limit no less than ______ per occurrence or claim, ______ aggregate
Workers’ Compensation Insurance:
Χ Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (Not required if Contractor provides written verification it has no employees. Waiver needed.)
The Employer’s Liability policy shall be endorsed to waive any right of subrogation as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees.
Builder’s Risk (Course of Construction):
___ Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. If the project does not involve new or major
20 reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to exi sting buildings, structures, processes, machinery and equipment.
The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.
Contractor’s Pollution Legal Liability:
___ Contractor’s pollution legal liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000.00 per occurrence or claim and $2,000,000.00 policy aggregate.
If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by t he Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Cyber Liability Insurance
___ Cyber Liability Insurance with limits not less than $1,000,000 per claim.
Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to in fringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security.
The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.
Surety Bonds:
Contractor shall provide the following Surety Bonds:
____ Bid Bond
____ Performance Bond
____ Payment Bond
[CHOOSE ONE OF THE FOLLOWING]
[USE THE FOLLOWING CLAUSE IF THE MSA IS NOT FOLLOWING THE THREE YEAR/TWO YEAR TERM STRUCTURE:] The Payment Bond and Performance Bond shall be in a sum equal to the contract price, or as otherwise specified and agreed to by the City in writing in its sole discretion pursuant to Section
3.2.13.5. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
21 [USE THE FOLLOWING CLAUSE IF THE MSA IS FOLLOWING THE THREE YEAR/TWO YEAR TERM STRUCTURE:]
The Payment Bond and Performance Bond shall each be in a sum equal to the total not -to-exceed compensation for the initial three-year term of the Agreement, or as otherwise specified and agreed to by the City in writing in its sole discretion pursuant to S ection 3.2.13.5. In the event the City exercises its option to extend the Agreement for an additional two-year term pursuant to Section 3.1.2, the Contractor shall provide new or supplemental bonds in a sum equal to the not -to-exceed compensation for the t wo-year extension.
All bonds shall be duly executed by a responsible corporate surety authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Other Insurance Provisions:
The insurance policies are to contain, or be endorsed to contain the following provisions:
Χ Additional Insured Status and Primary/Non-Contributory Language:
Contractor’s general liability and automobile liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed to add the City and its officers, officials, employees, and agents as additional insureds under such policies using Insurance Services Office form CG 20 10 (or equivalent) on the general liability policy. For construction projects, an endorsement providing completed operations coverage for the additional insured on the general liability policy, ISO form CG 20 37 (or equivalent), is also required.
The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
___ Loss Payee Status – Builder’s Risk/Course of Construction Insurance (applicable to Construction Contracts only)
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage.
Such coverage shall name the City as a loss payee as their interest may appear.
___ Notice of Cancellation, Suspension or Otherwise Voiding Policies:
Each insurance policy required above shall contain or be endorsed to contain that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except with thirty (30) days’ prior written notice by certified mail, return receipt requested to the City.
X Waiver of Subrogation:
22 Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be nece ssary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor, its employees, agents and subcontractors.
___ Completed Operations
For Construction Agreements, Contractor shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following the completion of this project. In the event Contractor fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by Contractor.
THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS
Deductibles and Self-Insured Retentions (“SIR”):
Any deductibles or self-insured retentions must be declared to and approved by City. The City may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
All SIRs must be disclosed to Risk Management for approval and shall not reduce the limits of liability.
Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City.
City reserves the right to obtain a full -certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Acceptability of Insurers:
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A -:VII, unless otherwise acceptable to City.
Claims Made Policies: (note - should be applicable only to professional liability, see below)
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
23 2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after com pletion of work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead -based paint or asbestos identification/remediation, the Contractor’s Pollution Liability Policy shall not contain lead -based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability Policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Subcontractors:
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
Subcontractor agrees to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other contract documents. Subcontractor further agrees to include the same requirements and provis ions of this Agreement, including the indemnity and insurance requirements, with any sub -subcontractor to the extent they apply to the scope of the sub - subcontractor’s work. A copy of the City indemnity and insurance provisions will be furnished to the subcontractor upon request.
Verification of Coverage:
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City b efore work commences. However, failure to obtain the required documents prior to the work beginning shall not wa ive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.
Failure to Comply:
24 Each insurance policy required above shall contain or be endorsed to contain that any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officials, officers, attorneys, agents, and employees.
Applicability of Coverage:
Each insurance policy required above shall contain or be endorsed to contain that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
DATE:
TO:
SUBMITTED BY:
APPROVED BY:
SUBJECT:
CITY OF
ANTIOCH
CALIFORNIA
STAFF REPORT TO THE CITY COUNCIL
Special Meeting of November 20, 2025
Honorable Mayor and Members of the City Council
Carlos Zepeda, Deputy Public Works Director
Scott Buenting, Public Works Director/City Engineer?
Ordinance to Amend Section 4-5.1204 and Section 4-5.1222 of Title 4 of the Antioch Municipal Code Relating to Parking on City Property and Municipal Parking Lots
RECOMMENDED ACTION
It is recommended that the City Council waive the first reading and introduce the ordinance amending sections 4-5.1204 and 4-5.1222 of the Antioch Municipal Code relating to parking on City property and municipal parking lots.
FISCAL IMPACT
The cost to implement this ordinance will be relatively minimal, consisting of installing signs and issue parking permits. The estimated expenditure for adding signs and issuing parking permits at one public parking lot is $1,500 to $3,000 depending on the size of the parking lot and number of permits to be issued. Funding for sign installations will be provided from budgeted General Fund Streets Division Fiscal Year 2025/26 Operating Budget.
DISCUSSION
The City of Antioch regulates parking on City property in accordance with sections 4-
5.1204 and 4-5.1222 of Title 4 of the Antioch Municipal Code. Staff recommends amending the ordinance to authorize the City Engineer to restrict parking on public property and municipal parking lots by permit only when needed to prevent misuse of public parking areas.
This amendment aims to ensure the safe use of the City's parking lots. Currently, some public areas, such as the Marina parking lot, experience unwanted after-hours activities including vandalism, loitering, physical altercations, and sideshows. These incidents have resulted in the destruction of public property, increased maintenance costs, and the need for additional police monitoring services.
Before implementing any parking restrictions, including permit-only parking, on City property or in municipal parking lots, the City Engineer will consult with City staff and local businesses to address any questions regarding restricted hours and the issuance of 5 Agenda Item #
Antioch City Council Report
November 20, 2025, Agenda Item 5
permits.
2 This amendment will keep City-owned parking lots open for unrestricted public use during normal business hours whenever feasible. Permit-only parking may sometimes be necessary during business hours in specific lots. It may also be used after hours (e.g., from 10 p.m. to 6 a.m.). Permits will be available for business owners or residents who require normal or after-hours access to public parking facilities.
By allowing permit-only parking in certain municipal lots, the City can effectively regulate and enforce their proper use for the benefit of all Antioch residents, reduce maintenance expenses, and decrease calls for service to the Antioch Police Department.
ATTACHMENTS
A. Ordinance
B. Public Hearing Notice (PHN)
ATTACHMENT "A"
ORDINANCE NO. XXXX-C-S
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH AMENDING ARTICLES 1204 AND 1222 OF CHAPTER 5 OF TITLE 4 OF THE
ANTIOCH MUNICIPAL CODE TO ALLOW THE ISSUANCE OF PUBLIC PARKING
PERMITS DURING NON-BUSINESS HOURS
WHEREAS, the City Council of the City of Antioch enacted Ordinance 317-C-S on June 10, 1976, regarding parking on City of Antioch property; WHEREAS, Ordinance 317-C-S codifies Articles 1204 and 1222 of Chapter 5 of Title 4 of the Antioch Municipal Code, establishing conditions and regulations for parking on city property and in municipal parking lots; and WHEREAS, the City Council of the City of Antioch now desires to add a condition allowing the City Traffic Engineer into in addition to all of the other required conditions.
NOW, THEREFORE, BE IT RESOLVED that The People of the City of Antioch do ordain as follows:
Section 1. Section 4-5.1204 of the Antioch Municipal Code is hereby amended to read in its entirety as follows:
§ 4-5.1204 PARKING ON CITY PROPERTY.
(A) Whenever the City Traffic Engineer shall determine that the orderly, efficient conduct of the city's business requires that the parking or standing of vehicles on city property be prohibited, limited, or restricted, the City Traffic Engineer shall have the power and authority to order signs to be erected or posted indicating that the parking of vehicles is thus prohibited, limited, or restricted.
(B) Whenever the City Traffic Engineer shall determine that the public health, safety, or welfare require that the parking or standing of vehicles on city property be prohibited between the non-business hours of 1 O p.m. and 6 a.m. of any day, or such other non business hour range as may be reasonably necessary depending on location, the City Traffic Engineer shall have the power and authority to order signs to be erected or posted indicating that the parking of vehicles is prohibited during those hours; provided that notwithstanding any other provision of this title, the City Traffic Engineer may provide for the issuance of special parking permits to authorize parking on city property for the period of time specified therefor, and free of charge to qualifying applicants . .(Ql When signs authorized by the provisions of this section are in place giving notice thereof, no person shall park or stand any vehicle contrary to the directions or provisions of such signs.
Ordinance No. XXXX-C-S Page 1 of 4 Adoption Date
ATTACHMENT "A"
.{Ql The City Traffic Engineer is hereby authorized to designate city-owned properties where vehicles may be removed and impounded when it has been determined that .. ill the orderly, efficient conduct of the city's business requires that parking or standing vehicles should be prohibited; or (2) the public health, safety, or welfare of the require that the parking or standing of vehicles on city property be prohibited during non business hours, absent a special parking permit. No vehicle may be removed and impounded unless two or more signs are posted which give notice that parking or standing is prohibited, that violation of such prohibition may result in the vehicle being towed, and providing a telephone number where inquiries may be made about towed vehicles .
.{g.l In the event that a vehicle is towed and impounded pursuant to this section, the city shall comply with Vehicle Code § 22852.
Section 1. Section 4-5.1222 of the Antioch Municipal Code is hereby amended to read in its entirety as follows:
§ 4-5.1222 MUNICIPAL PARKING LOTS
(A) Parking regulations.
(1) Vehicles shall be parked in and upon parking lots only in parking stalls as indicated and marked by appropriate signs and painted lines. A vehicle shall be parked in a stall so that the forward end of the vehicle is at the rear of the stall and the rear end of the vehicle is at the entrance to the stall and in such fashion that all parts of the vehicle lie within the exterior markings of the stall.
(2) No vehicle shall be parked anywhere in or upon a parking lot other than in and upon an appropriately indicated and marked stall.
(3) When appropriate signs are installed giving notice thereof, any vehicle parked in excess of 72 consecutive hours may be towed away and stored at the owner's expense.
(4) When appropriate signs are installed giving notice thereof, no person shall stop, stand, or park any vehicle in and upon any parking lot within the city between the hours of 9:00 a.m. and 6:00 p.m. of any day, except Sundays and legal holidays, for a period of time in excess of two hours .
.(fil When the City Traffic Engineer shall determine that it is in the best interest of the public health, safety, or welfare of the residents, and appropriate signs are installed giving notice thereof, no person shall stop, stand, or park any vehicle in and upon any parking lot within the city between the non-business hours of 10 P.m. and 6 a.m. of any day, or such other non-business hour range as may be reasonably necessary depending on location, for any period of time: provided that notwithstanding any other provision of this title the City Traffic Engineer may provide for the issuance of special Ordinance No. XXXX-C-S Page 2 of 4 Adoption Date
ATTACHMENT "A"
parking permits to authorize parking on city property for the period of time specified therefor, and free of charge to qualifying applicants.
(B) Traffic regulations.
(1) Vehicles shall enter a parking lot only at a place appropriately indicated as a point of ingress by signs or markings.
(2) Vehicles leaving a parking lot shall do so only at a place appropriately indicated by signs or markings as a point of egress.
(3) Vehicles leaving a parking lot shall come to a full stop at a point of egress prior to crossing the sidewalk area and proceeding onto a public street. (4) A parking lot shall not be used by any vehicle as an immediate means of proceeding from one public street to another.
(5) Vehicles moving in and upon a parking lot shall proceed only along appropriately signed or marked traffic lanes and only in a direction indicated by signs or markings in any such lanes.
(C) Speed regulations. Vehicles moving in and upon a parking lot shall not move at a rate of speed in excess of 10 miles per hour.
(D) General regulations.
(1) Littering. It shall be unlawful to discard any bottle, can, paper, or other material of any kind in or upon a parking lot.
(2) Application of state and city traffic laws. All of the laws of the state and of the city pertaining to vehicles and their use and operation shall apply in and upon parking lots with the same full force and effect as upon the public streets, except where the context of any such law clearly indicates to the contrary.
Ordinance No. XXXX-C-S Page 3 of 4 Adoption Date
ATTACHMENT "A"
* * * * *
I HEREBY CERTIFY that the foregoing ordinance was introduced at a special meeting of the City Council of the City of Antioch, held on the 20th day of November 2025, and passed and adopted at a regular meeting thereof, held on the _th day of ___ 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ROWLAND BERNAL JR.
MAYOR OF THE CITY OF ANTIOCH
ATTEST:
MICHAEL J. MANDY
CITY CLERK OF THE CITY OF ANTIOCH
Ordinance No. XXXX-C-S Page 4 of 4 Adoption Date
CITY OF ANTIOCH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Antioch will hold a public hearing in the CITY COUNCIL CHAMBERS, City Hall, 200 H Street at 7:00 P.M. or thereafter on TUESDAY, November 20, 2025, on the following matter:
Ordinance of the City Council of the City of Antioch Amending Articles 1204 and 1222 of Chapter 5 of Title 4 of the Antioch Municipal Code to Allow the Issuance of Public Parking Permits During Non-Business Hours.
Members of the public wishing to provide public comments, may do so the following ways:
1. IN PERSON – Fill out a Speaker Request Form, available near the entrance doors, and place in the Speaker Card Tray near the City Clerk before the City Council Meeting begins.
2. WRITTEN PUBLIC COMMENT – If you wish to provide a written public comment, please 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.
If any person challenges the decision of the City in these matters in court, they may be limited to raising only those issues that were raised at the public hearing described in this notice , or in written correspondence, delivered to the City at, or prior to, the public hearing.
Copies of the documents relating to this Ordinance Amendment are available for review at the Department of Public Works , Monday through Friday, 8:00 a.m. to 4:00 p.m. If you have any specific questions concerning the se documents, you may contact Carlos Zepeda, 925-779-6953 and [email protected]. Written statements in favor of or in opposition to this matter, may be emailed to:
[email protected], or mailed to the City Clerk’s Office, City Hall, 200 "H" Street (P.O. Box 5007), Antioch, CA 94531-5007, prior to the hearing.
ATTACHMENT “B”
2 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].
/s/ Michael J. Mandy
City Clerk of the City of Antioch
Publication Date: November 8, 2025
cc: Public Works, Carlos Zepeda
Public Works, Scott Buenting
6 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Special Meeting of November 20, 2025
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Dawn Merchant, Finance Director
APPROVED BY: Bessie Marie Scott, City Manager
SUBJECT: Resolution Appropriating Expenditures for Encumbrances and Project Budgets Outstanding to the 2025/26 Fiscal Year Budget and Approving Other Amendments to the 2025/26 Fiscal Year Budget
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution of the City Council of the City of Antioch appropriating expenditures for encumbrances and project budgets outstanding to the 2025/26 fiscal year budget and approving other amendments to the 2025/26 fiscal year budget.
FISCAL IMPACT
Funds were committed and available in the prior fiscal year to pay for encumbrances and project budgets outstanding (Attachment A, Exhibits A & B). This action will carry forward those unspent funds and any related reimbursements into the current fiscal year. Other items requiring amendments are outlined in Exhibits C to Attachment A.
DISCUSSION
The City has closed the fiscal year 2024/25 - year end. As a result, the following fiscal year 2025/26 budget amendments are requested for the General Fund, as well as other City funds:
Encumbrances are commitments (purchase orders) related to not yet completed contracts or purchases of goods or services. Encumbrances outstanding on June 30, 2025 are reported as assignments of fund balance since they do not constitute expenditures or liabilities and must be re-appropriated in the 2025/26 fiscal year budget. This action affords the appropriate authorization to complete the payment for these prior commitments (Attachment A - Exhibit A). Certain projects appropriated in the 2024/25 budget were not complete and thus require the remaining budget to be carried forward into the 2025/26 budget to pay for remaining project expenditures (Attachment A - Exhibit B).
Antioch City Council Report
November 20, 2025 Agenda Item #6 2
Other budget items reflect changes to the fiscal year 2026 budget needed. Refer to Exhibit C included with the resolution (Attachment A).
Fiscal Year 2024/25 Unaudited Closing Numbers
Fiscal Year 2024/25 closed on June 30, 2025. The City is currently undergoing its year end independent financial statement audit. Revenues exceeded expenditures (surplus) by $9,034,582 due to total revenues coming in slightly higher than projected and actual expenditures being under budget, which is explained further in the next two sections. The true net surplus for the fiscal year end is $3,883,367 calculated as follows:
FY 2024/25 Revenues Exceeding Expenditures: $9,034,582
Police Department CIP Re-Appropriated to FY 2025/26 (1,826,144) Encumbrances/Projects at 6/30/25 to be Rolled Over (Exhibits A & B) (3,325,071) Actual Net Surplus $3,883,367
Furthermore, $2,467,853 of the net surplus was set aside in the Budget Stabilization Fund at June 30, 2025, leaving a General Fund reserve balance of $49,825,498 and a balance in the Budget Stabilization Fund of $42,399,323 as of June 30, 2025. An analysis of revenue and expenditure variances is provided below.
FY2025 Revenues - $1,054,449 higher than projected
The main contributing factor to net revenues higher than projected of $1.05M is due to the City’s required implementation of Governmental Accounting Standards Board (GASB) 96 accounting pronouncement for subscription-based technology agreements. Under this pronouncement, the City must recognize software subscriptions as a liability for the full amount to be paid over the term of the agreement. For accounting purposes, the General Fund had to recognize “Financing Proceeds” of $847,264 with a corresponding offset in expenditures for software agreements (a net zero impact to the General Fund).
This revenue and expenditure were recognized in the Police Department for Police Department software. As a result, revenues are inflated, with actual revenues exceeding budget by $207,185.
Of this “realized” amount, the increase was due to the net of various revenue streams slightly over or under budget.
FY2025 Expenditures - $10,445,898 less than projected
Removing the impact of GASB 96, as mentioned in the prior paragraph, actual expenditures were $10.4M less than projected. The major contributing factors to expenditures lower than projected are:
$661,726 less in operating subsidy than projected to the Animal Shelter due to a combination of salary savings and contractual services savings. $437,861 less in operating subsidy than projected to Recreation Services due to a combination of salary savings and services and supplies under budget. $2,946,282 in salary savings from all unfilled positions. $1,720,034 represents non- Police salary savings, which is considered a one-time revenue per the City’s one-time revenue policy. The City Council may want to consider allocating to one- time projects and/or unfunded liabilities per the City’s one-time revenue policy. It is recommended to either maintain the funds in General Fund reserves or move Antioch City Council Report
November 20, 2025 Agenda Item #6 3
them to the Budget Stabilization Fund as the City is facing budget challenges and is preparing to start the new budget cycle.
$737,266 in purchase orders on June 30, 2025 that are not yet spent. The carry forward of the budgets for these is included in the budget amendments in Exhibit A to Attachment A.
$2,587,805 in project/purchase budgets outstanding as of June 30, 2025 not yet entirely spent. The carryforward of the budgets for these is included in the budget amendments in Exhibit B to Attachment A.
$1,826,144 in CIP budgets that were unspent and re-budgeted/carried forward to FY26 with adoption of the 5-year capital budget.
Approximately $348,000 budget savings in outside legal costs in the City Attorney’s office.
Approximately $132,000 unspent contractual and marketing services in the Economic Development division.
$142,000 less in subsidy to the lighting and landscape districts than projected. $80,000 in contractual savings in the Police Department for potential crime prevention mutual aid assistance.
Approximately $148,000 in contractual savings in the Community Development Department.
Approximately $92,000 savings in budgeted utility costs.
Other Budget Amendments for Fiscal Year 2026
Exhibit C to Attachment A includes other budget amendments needed for the General Fund and other funds of the City. The purpose of the amendments is outlined in the attachments, and a few to highlight are as follows:
$247,000 reduction in General Fund expenditures for liability insurance premiums.
While the projected total insurance premium built into the budget did not vary significantly from the actual premium, the allocation among funds did change slightly as it is based on budgeted personnel expenses, thus resulting in the allocation being slightly less to the General Fund.
$1,021,585 reduction in sales tax revenue based on the latest projections from the City’s sales tax consultant. It was previously reported to Council with the budget update provided on September 28th that projections were down approximately $235,000. However, with the latest quarterly data for June 30, 2025, the City’s sales tax has declined 9.8% from the quarter ending June 30, 2024. Almost all business segments experienced declines in taxable sales and the opening of Costco in Brentwood contributed to this reduction.
$1,664,166 in salary savings that can be recognized thus far this fiscal year. This will be further evaluated as the next budget cycle begins to capture additional savings.
Recognition of American Rescue Plan Act (ARPA) revenues of $3,085,330 representing the balance of ARPA funds remaining at June 30th and projected interest earnings. All funds must be spent by December 31, 2026. The remaining expenditure budgets for the projects to be carried over is included in Exhibit B.
Antioch City Council Report
November 20, 2025 Agenda Item #6 4
Budget Summary
The table below reflects fiscal year 2024/25 unaudited closing numbers, and revised fiscal year 2025/26 budget figures incorporating the amendments in this report included as Exhibits A, B, and C to Attachment A. The 2024/25 column is labeled unaudited until the audit is officially concluded as there could be minor updates.
Budget Summary Table
2024-25 2025-26
Unaudited Revised
Beginning Balance, July 1 $43,258,769 $49,825,498
Revenue Source:
Taxes 56,759,462 58,398,594
1% Sales Tax 19,994,055 20,075,904
Licenses & Permits 3,115,875 3,167,700
Fines & Penalties 27,103 25,100
Investment Income & Rentals 4,009,779 1,883,000
Revenue from Other Agencies 1,141,121 290,000
Current Service Charges 4,854,989 4,648,779
Other Revenue 1,918,765 934,079
Transfers In 10,693,208 4,873,626
Total Revenue 102,514,357 94,296,782
Expenditures:
Legislative & Administrative 5,943,455 6,714,354
Finance 1,812,260 1,760,677
Nondepartmental 6,150,182 6,685,849
Public Works 14,268,412 15,438,441
Police Services 51,813,061 60,540,400
Police Services-Animal Support 1,600,879 2,680,030
Recreation/Community Svs. 4,441,702 5,118,221
Pub. Safety & Community Resources 1,798,561 2,974,124 Community Development 5,651,263 9,042,633
Total Expenditures 93,479,775 110,954,729
Budget Stabilization Transfer (2,467,853) 5,000,000
Surplus/(Deficit) 6,566,729 (11,657,947)1
Ending Balance, June 30 $49,825,498 $38,167,551
Committed-Litigation Reserve 0 500,000
Committed-Comm. Dev. Fees 1,089,150 289,150
Assigned – Encumbrances & Projects 5,151,215 0
Unassigned Fund Balance $43,585,133 $37,378,401
Percentage of Revenue 42.52% 39.64%
1See reconciliation of deficit on next page
Antioch City Council Report
November 20, 2025 Agenda Item #6 5
1DEFICIT RECONCILIATION
Expenditures in Excess of Revenues = ($16,657,947)
Budgeted Use of Stabilization Funds = 5,000,000
Deficit Balance as Reported on Budget Summary Table p. 4 = (11,657,947) FY25 Encumbrance/Project Roll-Over = 5,151,215
FY26 Deficit Remaining (excluding Roll-Over)= ($6,506,732)
Total Deficit = ($16,657,947)
Use of Budget Stabilization = 5,000,000
Use of Assigned Reserves from June 30,2025 = 5,151,215 Use of FY26 Reserves = 6,506,732
Remaining FY26 Deficit = $0
General Fund reserves in each fiscal year are in compliance with the City’s reserve policy. $2,467,853 in surplus funds at June 30, 2025 were transferred to the Budget Stabilization Fund, and $5,151,251 is “Assigned” in reserves for the encumbrances and other budget carryover items to be re-appropriated to FY26.
Fiscal year 2026 reflects a $11,657,947 remaining deficit after the existing budgeted $5M transfer in from the Budget Stabilization Fund approved by City Council to be utilized in FY26. $5,151,215 of this deficit is attributable to the encumbrances and other budget items being rolled over, leaving a true remaining additional deficit (net of the $5M Budget Stabilization transfer) of $6,506,732 which will draw upon General Fund reserves to “balance” the budget. A deficit reconciliation is provided in the chart above to demonstrate how the deficit and offset were calculated. The next fiscal year 2026 budget to actual update will be provided in January 2026. The next budget cycle, that will amend fiscal year 2026 and adopt fiscal year 2027, will begin early next year.
ATTACHMENTS
A. Resolution Appropriating Expenditures for Encumbrances and Project Budgets Outstanding as of June 30, 2025 to the 2025/26 Fiscal Year and Approving Other Amendments to the 2025/26 Fiscal Year Budget
Exhibit A to Resolution – Encumbrances to Reappropriate Exhibit B to Resolution – Project Budget Carryovers
Exhibit C to Resolution – Other Budget Amendments for Fiscal Year 2026
ATTACHMENT A
RESOLUTION NO. 2025/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROPRIATING EXPENDITURES FOR ENCUMBRANCES AND PROJECT BUDGETS OUTSTANDING ON JUNE 30, 2025 TO THE 2025/26 FISCAL YEAR BUDGET AND APPROVING OTHER AMENDMENTS TO THE 2025/26 FISCAL YEAR BUDGET
WHEREAS, a number of encumbrances have been reflected in the accounting system to reserve funds that were encumbered in the 2024/25 fiscal year budget, but are currently unexpended and are required to be re-appropriated to the 2025/26 fiscal year;
WHEREAS, project budgets outstanding as of June 30, 2025 need to be re- appropriated; and
WHEREAS, other amendments to the 2025/26 fiscal year budget are required;
NOW, THEREFORE, BE IT RESOLVED, that the appropriations of new expenditures to the 2025/26 fiscal year budget for encumbrances and projects outstanding on June 30, 2025 and revisions to the 2025/26 fiscal year budget, as specified in Exhibits A, B, and C, incorporated herein by reference, are hereby approved and the budget shall be deemed to be so amended.
* * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a special meeting thereof, held on the 20th day of November 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
MICHAEL J. MANDY
CITY CLERK OF THE CITY OF ANTIOCH
Account Appropriation
Fund/Department Description PO Number Vendor Request
GENERAL FUND:
Recreation Furniture & Equipment P250480 National Fleet Auto Group 58,981$ City Manager Contracts Professional P250501 Tracy Miller Consulting 24,500 City Manager Contracts Professional P240463 Shield Protection and Public Safety 36,205 City Manager Contracts Professional P250526 HB Consulting Group Inc 7,863 Community DevelopmentFurniture & Equipment P250477 National Fleet Auto Group 157,616 Public Safety & Comm. Res.Homeless Services P250424 Share Community 18,553 Public Safety & Comm. Res.Operating Supplies P250602 Issquared, Inc 1,483 Public Safety & Comm. Res.Contracts Professional P250270 Jennifer Hines Design 3,000 Police Department Maintenance Contracts P250351 Allsteel Inc 15,305 Police Department Training P250460 Lexipol LLC 11,760
Public Works Contracts Professional P250591 Stockbridge General Contractor 400,000 Public Works Contracts Professional P230325 Swarco McCain Inc 2,000 Total General Fund 737,266$
ASSET FORFEITURE FUNDS:
Police Furniture & Equipment P250599 BAQ Defense LLC 17,608$ Police Furniture & Equipment P250550 The Armored Group LLC 507,019 524,627$
CALIFORNIA VOLUNTEERS GRANT FUND:
PSCR Contracts Professional P250422 Rubicon Programs Inc 85,571$ Total Civic Arts Fund 85,571$
VEHICLE REPLACEMENT FUND:
Public Works Vehicle Equipment P220463 Terex Utilities Inc 197,334$ Public Works Vehicle Equipment P250375 National Fleet Auto Group 98,676 Public Works Vehicle Equipment P250466 Peterson 130,023 Public Works Vehicle Equipment P250475 National Fleet Auto Group 928,869 Public Works Vehicle Equipment P250480 National Fleet Auto Group 67,114 Public Works Vehicle Equipment P250495 National Fleet Auto Group 67,315 Public Works Vehicle Equipment P250605 Nicholas K Corporation 33,910 Public Works Vehicle Equipment P250595 National Fleet Auto Group 126,712 Total Vehicle Replacement Fund1,649,953$
SLLMD FUNDS:
Public Works Contracts Professional P250611 COWI North America Inc 49,250$ Total Solid Waste Fund 49,250$
DEVELOPMENT IMPACT FEE FUND:
Community DevelopmentFurniture & Equipment P250606 Nicholas K. Corporation 32,219$ Total Solid Waste Fund 32,219$
SEWER FUND:
Public Works Contracts Professional P180681 Woodard and Curran 27,549$ Public Works Furniture & Equipment P250466 Peterson 21,035 Public Works Contracts Professional P240422 Thomas C Pavletic 3,170 Total Sewer Fund 51,754$
Grand Total Encumbrances 3,130,640$
EXHIBIT A
ENCUMBRANCES ON JUNE 30, 2025 TO REAPPROPRIATE
FY25 FY25 Balance to Funding
Description Budget Expenditures Carryover to FY26 Source Police Department Taser/Radio/Safety Materials Purch. & Replace.723,835$ -$ 723,835$ General Fund Police Investigations Software 46,592 - 46,592 General Fund Police Recruitment 160,000 132,299 27,701 General Fund Police Axon Software and Cameras 249,324 - 249,324 General Fund Police Dispatch Furniture Upgrades 29,390 - 29,390 General Fund EOC and Hazard Mitigation Plan Consulting 190,000 114,599 75,401 General Fund Police Range Lead Clean Up 41,702 - 41,702 General Fund Executive Recruitments 175,000 87,407 87,593 General Fund Operational Assessments 50,000 21,526 28,474 General Fund Homeless Services - CORE Team 75,000 - 75,000 General Fund Records Management System - Clerk's Office 125,000 - 125,000 General Fund Agenda Management Software - Clerk's Office 22,208 - 22,208 General Fund Municipal Service Delivery/Assessments Implementation 50,000 - 50,000 General Fund Traffic Calming Materials/Pavement Resealing 777,219 445,461 331,758 General Fund Parks Surfacing and Irrigation Repairs 744,110 589,049 155,061 General Fund Public Works Engergov Subscription 7,000 - 7,000 General Fund Works Paver and Roller Trailer Replacements 69,000 - 69,000 General Fund Facility Upgrades/Repairs 1,360,847 918,081 442,766 General Fund ARPA Programs 10,257,247 7,201,917 3,055,330 ARPA Fund Marina Dock Assessment/Dredging Survey/Tank Lining Inspection 180,000 - 180,000 Marina Fund Marina Parking Lot Landscape Enhancements 93,000 - 93,000 Marina Fund Marina Card Reader & Weed Harvester 36,000 - 36,000 Marina Fund PW/Water Vehicle & Equipment Purchases 184,157 40,002 144,155 Water Fund PW/Sewer Vehicle & Equipment Purchases 165,965 - 165,965 Sewer Fund FEMA Match for Creek Repairs 130,000 - 130,000 NPDES Fund Trash Capture Devices 42,000 - 42,000 NPDES Fund SWRCB Permit Fees and County Fees 115,000 58,023 56,977 NPDES Fund GIS Laserfiche Integration 53,695 - 53,695 Information Systems Fund Vehicle Purchases 4,396,728 4,195,089 201,639 Vehicle Replacement Fund Vehicle Repairs & Equipment 257,259 24,849 232,410 Vehicle Maintenance Fund Landscape Enhancements, Maintenance & Repairs 3,044,642 1,509,465 1,535,177 SLLMD Funds
EXHIBIT B
PROJECT/OTHER BUDGET CARRYOVERS FROM JUNE 30, 2025
FY26 FY26 FY26
Fund/Account Budget Amendment Revised Budget(A) Purpose General Fund:
Taxes $79,250,065 ($775,567) $78,474,498 Increase property tax/Decrease sales tax/Increase MVLF Revenue from Other Agencies 195,000 95,000 290,000 Economic Mobility Grant/CalAPP Grant/COPS Tech Grant balance Total General Fund Revenue(680,567)
Nondepartmental 6,932,849 (247,000) 6,685,849 Insurance premium less than projected Leglistative & Administrative 6,693,835 (361,324) 6,332,511 Vacancy/salary savings Police Services 60,384,634 (1,065,244) 59,319,390 Vacancy savings Community Development 9,122,615 (237,598) 8,885,017 Vacancy savings Total General Fund Expense (1,911,166)
SLLMD Funds
Transfers In 2,043,158 92,921 2,136,079 Adjust transfer to Admin Fund for budget rollovers Transfers Out 943,502 92,921 1,036,423 Adjust transfer to Admin Fund for budget rollovers ARPA Fund:
Revenues 0 3,085,330 3,085,330 Rollover ARPA revenues remaining from FY25 to FY26/Interest Transfer Out 0 30,000 30,000 Transfer interest earnings to W 2nd St Bldg CIP ADU Accelerator Program Fund:
Revenues 0 2,500 2,500 Projected interest earnings
Expenditures 3,200 270,206 273,406 ADU incentives
CDBG Fund:
Expenditures 1,277,070 33,977 1,311,047 Correct budget for approved CDBG allocations Opioid Settlement - Abatements Fund:
Revenues 36,683 6,570 43,253 Budget for Kroger settlement funds received Expenditures 43,497 134,543 178,040 Budget use of settlement funds received Opioid Settlement - McKinsey Fund:
Revenues 5,446 (5,446) 0 Adjust budget for McKinsey settlement Expenditures 9,892 (4,446) 5,446 Adjust budget for McKinsey settlement Opioid Settlement - Abatement Trust II Fund:
Expenditures 4,203 3,000 7,203 Budget use of settlement funds received Opioid Settlement - Distributor Fund:
Expenditures 86,897 27,603 114,500 Budget use of settlement funds received Opioid Settlement - Janssen Fund:
Expenditures 21,860 29,686 51,546 Budget use of settlement funds received Animal Services Fund:
Revenues 235,000 106,800 341,800 Donation revenue received Expenditures 2,915,030 106,800 3,021,830 Donation revenues for cat room renovation Capital Improvement Fund:
Expenditures 24,099,904 30,000 24,129,904 Increase W 2nd St. CIP budget for FY26 ARPA interest Transfers In 1,674,606 30,000 1,704,606 Transfer ARPA interest for W 2nd St Bldg CIP Prewett CIP Fund:
Revenues 75,000 (50,000) 25,000 Remove revenue from other agency budget included in error Development Impact Fee - Administration:
Expenditures 178,248 1,000,043 1,178,291 DIF study update/W 2nd St Bldg Rehab/Vehicle purchase cost difference Development Impact Fee - PD
Expenditures 440,697 939,559 1,380,256 New vehicle and equipment purchases' CFD 2018-01 Public Services Fund:
Expenditures 86,250 272,550 358,800 Revise budget for landscanding and electrical work Loss Control Fund:
Expenses 4,613,568 111,766 4,725,334 Workers Comp premium higher than projected Storm Damage Fund:
Transfers In 173,714 3,716 177,430 Transfer in from Sewer Fund for FEMA match Markley Creek Sewer Fund:
Transfers Out 717,006 3,716 720,722 FEMA grant match for Markley Creek storm damage (A) Revised Budget Excludes any Purchase Order and Budget Carryovers in Exhibits A and B
EXHIBIT C
OTHER BUDGET AMENDMENTS - FY26
CITY OF
ANTIOCH
CALIFORNIA
STAFF REPORT TO THE CITY COUNCIL
DATE: Special Meeting of November 20, 2025
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Jason Bonilla, Operations Supervisor
APPROVED BY: Scott Buenting, Public Works Director/City Engineer ff SUBJECT: Purchase of Twenty-Three 2026 Replacement Vehicles and Six New-to-Fleet 2026 Vehicles Utilizing Cooperative Purchase Agreements in the Amount of $2,466,000
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution approving the purchase of twenty-three (23) replacement vehicles, and six (6) new-to-fleet vehicles in an amount not to exceed $2,466,000, utilizing Cooperative Purchase Agreements and existing contracts for upfitting, and authorizing the City Manager or designee to execute the purchase orders.
FISCAL IMPACT
The Fiscal Year 2025/26 Operating Budget includes funding in the amount of $1,866,000 from the Vehicle Replacement Internal Service Fund for twenty-three (23) replacement vehicles and $600,000 from the Public Works Development Impact Fee Fund (DIF) for the purchase of the six (6) new to fleet vehicles for the Public Works Department. Staff has determined in consultation with the City Attorney's office that the use of the DIF funds for the purchase of six (6) new vehicles is consistent with the intended use as described in the City's 2014 City of Antioch Development Impact Fee Study as outlined in section three (3) AB1600 Nexus Findings and Cost Allocations Public Works of the study.
Vehicles scheduled for replacement will be sold at auction, with proceeds returned to the Vehicle Replacement Fund. In addition, funding is included in the Vehicle Replacement and DIF Funds for required vehicle upfitting costs as shown in the tables.
Upfitting may include the installation of emergency lights, communication radios, computers, modems, cameras, rear seat transport inserts, and other required safety equipment. When possible, Public Works and Police communication radios, cameras, and certain computer equipment will be transferred from the retired vehicles to the new units, reducing overall upfitting costs.
7 Agenda Item #
Antioch City Council Report
November 20, 2025 Agenda Item 7
DISCUSSION
2 Staff met with department heads during the budget process between March and June 2025 to review the City's vehicle and equipment inventory. This review determined which units meet established replacement criteria and identified any new operational needs within each department. Based on this assessment, the current recommendation includes the replacement of vehicles that have reached or exceeded their useful life and the addition of new-to-fleet vehicles that department heads have requested to meet operational needs. The tables below list the vehicles identified for replacement and new-to-fleet.
REPLACEMENT VEHICLES FV26
Vehlcles to be Replaced Replacement Vehicle
Vehicle# Year Mileage Make Model Division Year Make Model Unit Cost UpfltCost 313 2015 97894 Ford F-150 Water 2026 Ford F-150 Lighting $ 65,000.00 $ 691 2003 63579 Truck 5yd Dump Collections 2026 Peterbuilt 10Wheeler $ 135,000.00 $ 90,000.00 222 2004 104748 Ford FE-350 Collections 2026 Ford Transit Van $ 70,000.00 $ 311 2015 104748 Ford F-150 Water 2026 Ford F-150 Lighting $ 65,000.00 $ 6n 2001 57906 Ford F-550 Water 2026 Ford F-550 $ 65,000.00 $ 50,000.00 310 2015 24917 Ford Focus WTP 2026 Ford F-150 Lighting $ 69,000.00 $ . 274 2003 85569 Ford F-350 Landscape 2026 Ford F-250 Flat Dump $ 49,000.00 $ 44,000.00 275 2003 98141 Ford F-350 Landscape 2026 Ford F- 150 Lighting $ 65,000.00 $ - 676 2003 Auction Ford 1-Ton landscape 2026 Ford Maverick $ 45,000.00 $ 645 2006 n452 Ford F-250 landscape 2026 Ford F-150 Lighting $ 65,000.00 $ 679 2001 54150 Ford F-350 Streets 2026 Ford F-350 $ 49,000.00 $ 260 2007 86503 Ford F-150 Streets 2026 Ford F-150 Lighting $ 65,000.00 $ 694 2003 31519 Ford F-350 Fleet 2026 Ford F-350 $ 49,000.00 $ 44,000.00 802 2013 52669 Ford Taurus PD Ford Ford F-150 $ 55,000.00 $ 5,000.00 806 2016 55820 Ford Interceptor PD Ford Ford F-150 $ 55.,000.00 $ 5,000.00 804 2015 103011 Ford Interceptor PD Ford Ford F-150 $ 55,000.00 $ 5,000.00 1364 2015 95942 Ford Interceptor PD Ford Ford Interceptor $ 59,000.00 $ 27,000.00 1368 2016 81270 Ford Interceptor PD Ford Ford Interceptor $ 59,000.00 $ 27,000.00 1369 2016 119202 Ford Interceptor PD Ford Ford Interceptor $ 59,000.00 $ 27,000.00 1380 2017 86800 Ford Interceptor PD Ford Ford Interceptor $ 59,000.00 $ 27,000.00 1381 2017 41457 Ford Interceptor PD Ford Ford Interceptor $ 59,000.00 $ 27,000.00 1391 2020 22672 Ford Interceptor PD Ford Ford Interceptor $ 59,000.00 $ 27,000.00 1399 2020 46884 Ford Interceptor PD Ford Ford Interceptor $ 59,000.00 $ 27,000.00 $ 1,434,000.00 $ 432,000.00
.tlfW.IO_fl.ffl£l26
Year Make Model DMslon Engine Type Vehicle Cost UpfltCost Total Per Unit 2026 Ford F-350 Water Gas $ 54,000.00 $ 50,000.00 $ 104,000.00 2026 Ford F-350 Water Gas $ 54,000.00 $ 50,000.00 $ 104,000.00 2025 Ford F-350 WTP Gas $ 52,000.00 $ 47,000.00 $ 99,000.00 2025 Ford F-250 Collections Gas $ 51,000.00 $ 46,000.00 $ 97,000.00 2025 Ford F-250 Collections Gas $ 51,000.00 $ 46,000.00 $ 97,000.00 2025 Ford F-350 Collections Gas $ 52,000.00 $ 47,000.00 $ 99,000.00 $ 286,000.00 $ 600,000.00
Antioch City Council Report
November 20, 2025 Agenda Item 7 3
Because vehicle manufacturer order banks open and close at their own discretion, access to multiple cooperative purchase agreements allows the City the flexibility to purchase vehicles at competitive prices utilizing a streamlined procurement process.
After approval, the Fleet Division will purchase these vehicles through available cooperative purchasing agreements. The City can utilize cooperative purchasing and dispense with bidding procedures for the purchases of goods and services under its Municipal Code Section 3-4.12 (C) ( 1) and (2) which authorizes the use of Cooperative Purchasing Agreements.
Replacing these vehicles is necessary to maintain a safe, reliable, and efficient fleet that supports the critical operations of City departments. For Public Works, fleet vehicles are essential for maintaining City infrastructure, responding to service requests, and completing day-to-day operational tasks that directly impact the community. For the Police Department, reliable vehicles are critical to ensuring timely response to calls for service, maintaining officer safety, and supporting ongoing public safety operations.
Additionally, timely replacements reduce ongoing maintenance and repair costs associated with aging equipment, minimizes the risk of unexpected breakdowns, and helps lower vehicle emissions, which supports the City's environmental sustainability goals.
ATTACHMENT
A: Resolution
Exhibit 1 - Table of Vehicle Replacements and New to Fleet Purchases B: City of Antioch Development Impact Fee Study
ATTACHMENT "A"
RESOLUTION NO. 2025/***
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING THE PURCHASE OF TWENTY-THREE (23) 2026 REPLACEMENT VEHICLES AND SIX (6) NEW-TO-FLEET 2026 VEHICLES UTILIZING
COOPERATIVE PURCHASE AGREEMENTS, AND AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO EXECUTE THE COOPERATIVE PURCHASING AGREEMENTS IN AN AMOUNT NOT TO EXCEED $2,466,000
WHEREAS, the City's Fleet Division annually assesses its inventory of vehicles and equipment in conjunction with the operational needs of each division and based on standard replacement criteria;
WHEREAS, the City's Fleet Division maintains the City's fleet through timely replacement of vehicles and equipment that are beyond their useful life; WHEREAS, timely replacements reduce ongoing maintenance and repair costs associated with aging equipment, minimizes the risk of unexpected breakdowns, and helps lower vehicle emissions, which supports the City's environmental sustainability goals;
WHEREAS, the City's Fleet Division and department heads have identified twenty-three (23) replacement vehicles and six (6) new-to-fleet vehicles that need to be replaced which have reached or exceeded their expected service life or are needed to meet operational needs;
WHEREAS, staff has determined in consultation with the City Attorney's office that the use of Development Impact Fee funds for the purchase of six (6) new vehicles is consistent with the intended use as described in the City's 2014 City of Antioch Development Impact Fee Study as outlined in section three (3) AB 1600 Nexus Findings and Cost Allocations Public Works of the study;
WHEREAS, vehicles scheduled for replacement will be sold at auction, with proceeds returned to the Vehicle Replacement Fund;
WHEREAS, when possible, Public Works and Police communication radios, cameras, and certain computer equipment will be transferred from the retired vehicles to the new units, reducing overall upfitting costs;
WHEREAS, because vehicle manufacturer order banks open and close at their own discretion, access to multiple cooperative purchase agreements allows the City the flexibility to purchase vehicles at competitive prices utilizing a streamlined procurement process;
WHEREAS, the Fleet Division will purchase these vehicles through available cooperative purchasing agreements. The City can utilize cooperative purchasing and dispense with bidding procedures for the purchases of goods and services under its Municipal Code;
RESOLUTION NO. 2025/***
November 20, 2025