Berkeley City Council
September 29, 2026

City of Berkeley
Publicly Available Pay Schedule [NON-BENEFITED]
Changes made 07/05/2026
Resolution No. xx,xxx-N.S

JOB CLASS CLASSIFICATION TITLE GROUP/BU PAY BASIS PAY
GRADE 1/BAND MIN 2 /BAND MAX 3456 EFFECTIVE DATE RESOLUTION 2001 ACCOUNTANT I CSU0 H H001 41. 9785 43.7785 45.5504 47.4523 49.5486 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2003 ACCOUNTANT II CSU0 H H002 49. 0865 51.1857 53.4565 55.6969 58.1595 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 4003 ACCOUNTING OFF SPEC II MC03 H H001 35.4416 36.9917 38.6031 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 4007 ACCOUNTING OFF SPEC III MC03 H H002 41.0508 42.8657 44.7526 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 4011 ACCOUNTING OFF SPEC SUP MC03 H H003 42.0491 44.1300 46. 2934 48.5810 50.6309 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 3003 ACCOUNTING TECHNICIAN MC03 H H 004 40.3979 42.3766 44.4668 46.6597 48.6282 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 2089 ADA PROGRAM COORDINATOR CSU0 H H032 52.3359 54.6204 57. 0897 59.5400 62.1454 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 4015 ADMIN ASSISTANT MC03 H H005 40.6814 42.7313 44.8 629 47.1166 49.1361 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 1005 ADMIN FISCAL SVCS MGR PEU2 H H 002 58.1494 61.0616 64.1147 67.3243 70.6906 74.1584 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2140 ADVANCED PRACTICE PROVIDER CSU0 H H057 76.6863 79.7398 83. 0360 86.4590 90.0401 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 6001 ANIMAL CONTROL OFFICER MC03 H H006 38.3968 39.5492 40.7016 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 6003 ANIMAL SERVICES ASSISTAN T MC03 H H007 33.8689 34.7664 35.7759 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 1007 ANIMAL SERVICES MANAGER PEU2 H H003 65.1578 68.2872 71. 6010 75.1182 78.7319 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2008 APP PROGRAMMER/ANALYST I CSU0 H H003 52.0440 54.2627 56. 6983 59.1956 61.7552 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2011 APP PROGRAMMER/ANALYST II CSU0 H H004 54.3075 56.7054 59. 2615 61.9356 64.7388 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 1009 AQUATICS COORDINATOR MC03 H H 008 40.7529 42.3336 43.9142 45.6686 47.3103 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 6005 AQUATICS FACILITIES SUP MC03 H H009 32.3996 34.0275 35. 7239 37.5183 39.3916 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 6007 AQUATICS SPECIALIST I UNR5 H H009 25.1077 25.1077 25.1077 25.1077 25.1077 7/5/2026 Change was ma de by 2.5% Resolution No. 71,408-N.S. 6009 AQUATICS SPECIALIST II UNR5 H H010 25.9572 26.7359 27.5381 28.3642 29.2152 7/5/2026 Change was ma de by 2.5% Resolution No. 71,408-N.S. 2013 ARCHITECT CSU0 H H005 63.13 45 66.1522 69.3511 72.6814 76.1224 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2029 ASSISTANT AQUATICS COORD MC03 H H010 34.3888 35.8372 37. 2037 38.5089 39.9879 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 2031 ASSISTANT ARCHITECT CSU0 H H 008 54.1123 56.5850 59.2894 62.1762 65.2334 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 1011 ASSISTANT BLDG & SAFETY MGR PEU2 H H004 66.4255 69.9170 73. 5963 77.4714 81.5495 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2035 ASSISTANT ENV HEALTH SPEC CSU0 H H009 44.4751 46.8563 48.7233 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 5005 ASSISTANT MENTAL HEALTH CLIN CSU0 H H011 35.3013 36.5527 37. 7234 39.0454 41.0135 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2039 ASSISTANT MGMT ANALYST CSU0 H H010 41.9520 43.7685 45. 5442 47.4213 49.5207 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2043 ASSISTANT PLANNER CSU0 H H012 42.2139 44.0710 45.8 475 47.7852 49.8538 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2045 ASSISTANT PUB WORKS ENG PEU2 H H007 54.9359 57.4259 60. 1099 63.1037 66.1753 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2047 ASSISTANT RECREATION COORD MC03 H H011 34.3901 35.8416 37. 2044 38.5088 39.9896 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 2049 ASSISTANT TO THE MAYOR UNR5 H H019 46.0837 87.9040 7/5/2026 Chan ge was made by 2.5% Resolution No. 71,408-N.S. 2051 ASSISTANT TRANSPORATION ENGINEER PEU2 H H008 55.5762 58.0944 60.8576 63.8827 66.9840 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2015 ASSOCIATE CIVIL ENGINEER PEU2 H H009 63.2491 66.3590 69. 5173 72.8119 76.4259 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2019 ASSOCIATE MGMT ANALYST CSU0 H H006 52.3359 54.6204 57. 0897 59.5400 62.1454 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2023 ASSOCIATE PLANNER CSU0 H H007 50.9740 53.2246 55.3 839 57.8565 60.5109 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2025 ASSOCIATE TRANSPORATION ENGINEER PEU2 H H010 63.2491 66.3590 69.5173 72.8119 76.4259 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2027 ASSOCIATE UTILITY ENGINEER PEU2 H H011 63.2491 66.3590 69. 5173 72.8119 76.4259 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2033 ASST CIVIL ENGINEER (REG) PEU2 H H005 57.4259 60.1099 63. 1037 66.1753 69.4497 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2053 AUDITOR I CSU0 H H013 41.97 85 43.7785 45.5504 47.4523 49.5486 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2055 AUDITOR II CSU0 H H014 52.33 59 54.8050 57.1482 59.6077 62.1454 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2057 AUTOMATION LIBRARIAN CSU0 H H 015 50.7317 53.0932 55.5957 58.2603 61.1163 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2059 BEHAVIORAL HEALTH CLINICIAN I CSU0 H H016 44.8758 46.7936 48.7138 50.6716 52.6754 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2061 BEHAVIORAL HEALTH CLINICIAN II CSU0 H H017 49.4655 51.4322 53.4635 55.5975 57.7778 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 6011 BLDG MAINT MECHANIC TRAINEE MC03 H H013 36.7904 37.9441 39.2271 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 1027 BUILDING & SAFETY MANAGER PEU2 H H012 78.5864 82.5103 86. 6575 90.9788 93.8753 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 3001 BUILDING INSPECTOR I (CERT) CSU0 H H018 49.8233 51.9831 54. 3448 56.6351 59.1079 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 3006 BUILDING INSPECTOR II (CERT) CSU0 H H020 51.3370 53.5576 55. 9895 58.3510 60.9044 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 5007 BUILDING MAINT MECHANIC MC03 H H012 45.9500 47.4510 49.0177 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 5008 BUILDING MAINT SUPERVISOR MC03 H H014 51.0406 52.6508 54.4460 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 2065 BUILDING PLANS ENGINEER PEU2 H H013 58.5175 61.5950 64. 8378 68.2538 71.8432 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 3009 BUILDING PLANS EXAMINER CSU0 H H021 53.4063 55.6969 58. 2300 60.6925 63.3466 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2067 BUYER CSU0 H H022 44.8782 46.8767 48.7336 50.7724 52.9619 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 5011 CAMP MAINTENANCE MECHANIC UNR5 H H023 40.2167 47.9308 7/5/2026 Ch ange was made by 2.5% Resolution No. 71,408-N.S. 1029 CAMP MANAGER PEU2 H H014 38.8354 40.7786 42.8103 44.9574 47.2023 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 6012 CAMP MEDICAL STAFF MEMBER UNR5 D D001 11 5.4499 131.9411 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 6013 CAMP STAFF LEADER UNR5 D D002 115.4499 131.9411 7/5/2026 Chan ge was made by 2.5% Resolution No. 71,408-N.S. 6014 CAMP STAFF MEMBER UNR5 D D003 91.6203 109.9490 7/5/2026 Chan ge was made by 2.5% Resolution No. 71,408-N.S. 6015 CAMP STAFF SUPERVISOR UNR5 D D004 143.4791 178.1163 7/5/2026 Ch ange was made by 2.5% Resolution No. 71,408-N.S. 4020 CASHIER ATTENDANT UNR5 H H025 25.1077 25.1077 25.1077 25.1077 25.1077 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 9001 CENTRAL LIBRARY CIRC SUP CSU0 H H023 39.7316 41.4167 43. 2033 45.0701 47.4112 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S.

City of Berkeley
Publicly Available Pay Schedule [NON-BENEFITED]
Changes made 07/05/2026
Resolution No. xx,xxx-N.S

JOB CLASS CLASSIFICATION TITLE GROUP/BU PAY BASIS PAY
GRADE 1/BAND MIN 2 /BAND MAX 3456 EFFECTIVE DATE RESOLUTION 9036 CERT CIVILIAN INSTRUCTOR NC UNR5 H H107 33. 6396 35.4056 37.2644 39.2208 41.2799 7/5/2026 Change was made by 2.5% Resolution No. 71, 408-N.S. 8004 CERT INSTRUCTOR UNR5 H H026 39.5003 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 3011 CHIEF OF PARTY PEU2 H H015 50.4475 52.8418 55.3 758 58.0958 60.7976 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1033 CIRCULATION SERVICES MANAGER PEU2 H H016 54.8707 57.4198 60. 1484 63.0316 66.1025 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2069 CIVIC ARTS COORDINATOR PEU2 H H017 49.9859 52.3655 54. 9444 57.6356 60.4091 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2071 CLINICAL PSYCHOLOGIST CSU0 H H 024 54.7180 56.8471 59.0975 61.4091 63.8812 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 3013 CODE ENFORCEMENT OFFICER I CSU0 H H026 39.4590 41.2958 43. 2129 45.2318 47.3506 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 3012 CODE ENFORCEMENT OFFICER II CSU0 H H025 47.9061 49.9748 52. 2454 54.4454 56.8373 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 1042 CODE ENFORCEMENT SUPERVISOR PEU2 H H018 53.0949 55.6919 58. 4143 61.2338 64.1210 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2072 COMM DEV PROJ COORDINATOR CSU0 H H027 54.4957 57.1099 59. 9256 62.8621 65.8897 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 5015 COMM HEALTH WORKER SPEC CSU0 H H029 35.3013 36.5527 37. 7234 39.0454 41.0135 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 1045 COMMUNICATIONS MANAGER PEU2 H H 019 57.1723 60.1747 63.3447 66.6827 70.1879 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 5013 COMMUNIT HEALTH WORKR CSU0 H H028 32.5163 33.2524 34.0802 35.7657 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 7003 COMMUNITY SERVICE OFFICER MC03 H H015 35.0841 36.5430 38. 0616 39.6506 41.3094 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 6058 COMMUNITY SERVICES AIDE CSU0 H H080 28.4189 29.4578 30.6289 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 7001 COMMUNITY SVC OFFICER SUP MC03 H H016 43.5003 45.2360 47. 0499 49.1488 51.3548 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 2075 COMMUNITY SVC SPECIALIST I CSU0 H H030 41.6665 43.4527 45. 2113 47.0990 49.1799 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2077 COMMUNITY SVC SPECIALIST II CSU0 H H031 52.3359 54.6204 57. 0897 59.5400 62.1454 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2079 COMMUNITY SVC SPECIALIST III PEU2 H H020 55.7496 58.4143 61. 2919 64.2953 67.4056 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 5017 CONCRETE FINISHER MC03 H H017 45.4243 46.7495 48.0746 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 5018 CONSTRUCTION EQUIP OPERAT OR MC03 H H018 42.5411 43.8540 45.2771 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 6017 CONTAINER MAINT WELDER MC03 H H019 37.8650 39.0342 40.1605 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 2080 CONTRACT ADMINISTRATOR PEU2 H H021 49.1620 52.0590 55. 1336 58.3846 61.7384 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2083 CRIME ANALYST PEU2 H H022 50. 1496 51.4440 54.0130 56.7169 59.5494 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1048 CRIME SCENE SUPERVISOR PEU2 H H 023 50.0140 52.2329 54.8489 57.5808 60.4684 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1050 CUSTOMER SERVICE MANAGER PEU2 H H024 61.1756 64.1694 67. 1924 70.4478 73.8290 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 4022 CUSTOMER SERVICE SPECIALIST II MC03 H H020 36.2879 38.1989 40.2126 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 4024 CUSTOMER SERVICE SPECIALIST III MC03 H H021 41.0508 42.8657 44.7526 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 4026 CUSTOMER SERVICE SUPERVISOR MC03 H H022 41.4279 43.4777 45. 6091 47.8633 49.8827 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 2085 DATABASE ADMINISTRATOR PEU2 H H025 56.3137 59.2777 62. 3980 65.6813 69.1414 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 3019 DRAFTING TECHNICIAN PEU2 H H 026 39.1914 41.0324 42.8828 44.8985 47.0975 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2091 ECONOMIC DEV PROJ COORD PEU2 H H027 61.1756 64.1694 67. 1924 70.4576 73.8290 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2095 EMERGENCY MEDICAL SERVICES ADV PEU2 H H028 54.3417 56.3352 59.1487 62.1114 65.2137 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2097 EMERGENCY SERVICES COORD CSU0 H H033 52.3376 54.6305 57. 0842 59.5373 62.1508 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2099 EMPLOYMENT PROGRAMS ADMIN PEU2 H H029 55.0963 57.7141 60. 5648 63.5366 66.5926 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1098 ENERGY PROGRAM MANAGER PEU2 H H 030 61.0013 64.0518 67.2546 70.6172 74.1495 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 3021 ENGINEERING INSPECTOR PEU2 H H 031 47.1777 49.3480 51.8167 54.2205 56.7825 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2158 ENIVRONMENTAL HEALTH SPECIALIST (REG) CSU0 H H064 50.8478 52. 6198 54.6328 56.7851 58.9281 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2101 ENVIRONMENTAL COMPLIANCE SPEC CSU0 H H034 56.6830 58.6869 60. 8950 63.3255 65.6816 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2103 ENVIRONMENTAL HEALTH SUPERVISOR PEU2 H H032 55.3196 57.4338 59.6309 61.9107 64.2809 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2105 EPIDEMIOLOGIST CSU0 H H035 45. 4160 47.6848 50.0674 52.5703 55.2010 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 5023 EQUIPMENT PARTS TECHNICIAN MC03 H H023 36.4085 38.4990 40.3345 41.2628 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 1100 EQUIPMENT SUPERINTENDENT PEU2 H H033 59.5962 62.4747 65. 4743 68.6513 72.0145 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1104 FACILITIES MAINT SUPERINTENDENT PEU2 H H034 63.1424 66.2041 69.3818 72.8119 76.2903 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 4030 FIELD REPRESENTATIVE CSU0 H H036 39.1462 40.7307 42.5673 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 3023 FIRE & LIFE SAFETY PLANS EXAMIN ER CSU0 H H037 58.8557 61.3987 64.1838 66.8989 69.8655 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 7005 FIRE PREVENTION INSPECTOR (N-SWN ) CSU0 H H038 47.9061 49.9748 52.2454 54.4454 56.8373 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 5025 FORESTRY CLIMBER MC03 H H024 43.7184 45.0949 46.5057 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 5027 FORESTRY CLIMBER SUP MC03 H H025 50.8596 52.3591 53.8752 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 6019 FORESTRY CLIMBER TRAINEE MC03 H H026 33.7361 35.1536 36.5816 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 5029 FORESTRY TECHNICIAN MC03 H H027 50.8596 52.3591 53.8752 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 1108 GENERAL SERVICES MANAGER PEU2 H H035 62.4931 65.6130 68. 9461 72.4245 76.1159 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 6021 GROUNDSKEEPER MC03 H H 028 34.1944 35.0945 36.1198 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 6023 HARBORMASTER PEU2 H H036 49.5332 51.4293 53.5512 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1110 HAZARDOUS MAT MANAGER PEU2 H H 037 66.7044 69.9741 73.2722 76.8402 80.4919 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2107 HAZARDOUS MAT SPECIALIST I CSU0 H H039 49.9140 51.6602 53. 6082 55.7372 57.8462 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2109 HAZARDOUS MAT SPECIALIST II CSU0 H H040 56.6858 58.6839 60. 8938 63.3262 65.6876 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2111 HEALTH EDUCATOR CSU0 H H041 49.3774 51.2898 53.2 816 55.3617 57.5568 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 1112 HEALTH NUTRITION PROG COORD PEU2 H H038 49.4617 51.4091 53. 4149 55.4687 57.6971 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S.

City of Berkeley
Publicly Available Pay Schedule [NON-BENEFITED]
Changes made 07/05/2026
Resolution No. xx,xxx-N.S

JOB CLASS CLASSIFICATION TITLE GROUP/BU PAY BASIS PAY
GRADE 1/BAND MIN 2 /BAND MAX 3456 EFFECTIVE DATE RESOLUTION 2113 HEALTH PLNG, EDUCAT & PROMO SUP PEU2 H H039 51.1313 53.1176 55.3565 57.6380 60.0293 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1118 HEALTH SERVICES SUPERVISOR PEU2 H H041 61.5535 63.9368 66. 5823 69.3917 72.2111 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2115 HEALTH SVC PROG SPEC PEU2 H H 040 47.1268 48.9581 50.8569 52.8429 54.9359 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2117 HEARING EXAMINER PEU2 H H042 59.6448 63.5101 66.8 628 69.8374 74.1102 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1120 HOME ENERGY ADMINISTRATOR PEU2 H H043 51.8224 54.0983 56. 5255 58.9529 61.5402 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2119 HOMELESS SERVICES COORD PEU2 H H044 55.3277 57.9795 60. 8268 63.8159 66.8992 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 3024 HOUSING INSPECTOR CSU0 H H042 47.9061 49.9748 52.2 454 54.4454 56.8373 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 3026 HOUSING INSPECTOR (CERT) CSU0 H H043 49.8233 51.9831 54. 3448 56.6351 59.1079 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 1122 HOUSING INSPECTOR SUPERVISOR PEU2 H H045 53.0949 55.6919 58. 4143 61.2338 64.1210 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2121 INFO SYSTEM SPECIALIST CSU0 H H044 47.6102 49.6693 51. 8864 54.1412 56.5067 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 3029 INFO SYSTEM SUPPORT TECH CSU0 H H045 39.5196 41.0035 42. 5266 44.1214 45.7666 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 9002 INTERN UNR5 H H067 25.1077 25.1077 26.3810 28.2278 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 6025 JANITOR MC03 H H029 31.3807 32.1656 33.0735 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 6027 JANITOR SUPERVISOR MC03 H H030 36.5816 37.8667 38.9781 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 2123 JR PUBLIC WORKS ENGINEER PEU2 H H046 46.2641 48.3958 50. 7116 53.1435 55.7305 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 6029 LABORER MC03 H H031 34.9271 35.9200 37.0718 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 9033 LACTATION COUNSELOR UNR5 H H106 46.4810 48.8051 51.2454 53.8075 56. 4980 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 1130 LAND USE PLANNING MANAGER PEU2 H H047 78.5962 82.5103 86. 6476 90.9688 93.8753 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2125 LANDSCAPE ARCHITECT CSU0 H H 046 60.8915 63.6719 66.7149 69.9819 73.4234 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 5031 LANDSCAPE EQUIPMENT OPERAT OR MC03 H H032 42.8884 44.1931 45.4890 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 6031 LANDSCAPE GARDENER MC03 H H033 39.2334 40.3246 41.6604 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 6033 LANDSCAPE GARDENER SUPERV ISOR MC03 H H034 49.6365 51.3082 52.7665 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 6035 LANDSCAPE GARDENER TRAINE E MC03 H H035 33.0735 34.0010 34.9498 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 2132 LIBRARIAN I CSU0 H H048 41. 0236 42.9710 45.1405 47.1492 49.1877 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2134 LIBRARIAN II CSU0 H H049 45. 1405 47.1492 49.1877 51.4786 53.6885 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 4038 LIBRARY AIDE CSU0 H H050 25. 1077 25.8150 26.9248 28.0757 28.8427 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 4040 LIBRARY ASSISTANT CSU0 H H051 29.9224 31.2242 32.5 865 33.9689 35.5638 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 1132 LIBRARY INFO SYS ADMINISTRATOR PEU2 H H048 57.4269 63.1992 66.3841 69.7302 73.3130 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2136 LIBRARY LIT PROGRAM COORD CSU0 H H052 43.2334 45.1611 47. 1290 49.2782 51.4280 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2137 LIBRARY LITERACY INSTRUCTOR UNR5 H H072 40. 9648 43.0098 45.1638 47.4130 49.7849 7/5/2026 Change was made by 2.5% Resolution No. 71, 408-N.S. 2138 LIBRARY PAGE CSU0 H H055 25.1077 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 1134 LIBRARY SERVICES MANAGER PEU2 H H049 57.8427 60.6040 63. 5587 66.4465 69.7021 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2130 LIBRARY SPECIAL SERVICES COORD CSU0 H H047 48.6026 50.9233 53.3862 55.8789 58.5528 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 4042 LIBRARY SPECIALIST I CSU0 H H 053 33.7774 35.2206 36.7445 38.2985 40.3072 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 4044 LIBRARY SPECIALIST II CSU0 H H 054 35.5638 37.4709 39.0657 40.6803 42.7193 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 4046 MAIL AND COURIER SERVICES AIDE MC03 H H036 33.1227 34.2918 35.5772 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 1136 MANAGER FAM HEALTH & NURSING SVCS PEU2 H H057 70.2200 73.7333 77.4144 81.2869 85.3513 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1151 MANAGER OF AGING SERVICES PEU2 H H050 65.4621 68.2345 71. 6484 75.2311 78.9915 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1153 MANAGER OF ECONOMIC DEVEL PEU2 H H051 70.5254 74.0717 77. 7724 81.6095 85.7659 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1155 MANAGER OF ENGINEERING PEU2 H H052 80.2241 84.8550 89. 7578 94.9607 100.4642 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1145 MANAGER OF ENVIRONMENT HEALTH PEU2 H H053 65.4677 68.6455 71. 9013 75.3989 78.9936 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1147 MANAGER OF HOUSING & COMM SVCS PEU2 H H054 68.4045 71.8432 75. 4322 79.1568 83.1899 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1149 MANAGER OF MENTAL HEALTH SERVIC ES PEU2 H H055 73.6742 77.1817 80.9312 84.9035 89.0311 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1143 MANAGER OF PUBLIC HEALTH SERVIC ES PEU2 H H056 68.8830 72.5129 76.3336 80.3512 84.5862 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 7006 MARINA ASSISTANT MC03 H H037 36.6808 37.7126 38.8866 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 6037 MEALSITE COORDINATOR CSU0 H H056 31.3453 32.0819 32.8486 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 5035 MECHANIC MC03 H H039 48.1911 49.6483 51.0879 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 5037 MECHANIC LEAD MC03 H H040 51.5539 53.1129 54.6799 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 5039 MECHANIC SUPERVISOR MC03 H H041 55.1545 56.7804 58.5168 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 6039 MECHANICAL SWEEPER OPERAT OR MC03 H H038 42.0668 43.3288 44.5149 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 9029 MEDICAL DIRECTOR UNR5 H H105 103.1858 117.2165 7/5/2026 Chan ge was made by 2.5% Resolution No. 71,408-N.S. 1139 MENTAL HEALTH CLINIC SUPERVISOR PEU2 H H058 52.9199 55.7071 58.6426 61.7267 64.9760 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 9041 MENTAL HEALTH NURSE CSU0 H H 086 72.4803 76.1042 79.9095 83.9048 88.1035 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 1141 MENTAL HEALTH PROGRAM SUPERVISOR PEU2 H H059 57.9843 60.6394 63.5087 66.3688 69.3782 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 6041 MINI BUS DRIVER CSU0 H H058 31.6885 32.9193 34.2719 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2142 NUTRITIONIST CSU0 H H059 43.9299 45.6654 47.3914 49.1877 51.2060 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 4048 OFFICE SPECIALIST I MC03 H H042 30.1468 31.4925 32.8796 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 4052 OFFICE SPECIALIST II MC03 H H043 34.6951 36.2451 37.8563 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 4056 OFFICE SPECIALIST III MC03 H H044 40.3040 42.1192 44.0062 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S.

City of Berkeley
Publicly Available Pay Schedule [NON-BENEFITED]
Changes made 07/05/2026
Resolution No. xx,xxx-N.S

JOB CLASS CLASSIFICATION TITLE GROUP/BU PAY BASIS PAY
GRADE 1/BAND MIN 2 /BAND MAX 3456 EFFECTIVE DATE RESOLUTION 4060 OFFICE SPECIALIST SUPERVISOR MC03 H H045 40.6811 42.7418 44. 8629 47.1116 49.1422 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 1157 PARKING ENFORCEMENT MANAGER PEU2 H H060 50.2856 52.5730 55. 3420 58.2538 61.3240 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 7009 PARKING ENFORCEMENT OFFICE R MC03 H H046 37.3836 38.4507 39.5540 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 7011 PARKING ENFORCEMENT SUPERVIS OR MC03 H H047 40.8168 42.8535 45.0059 47.2476 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 6043 PARKING METER COLLECT SUPERVISOR MC03 H H048 43.2618 45.4238 47.6979 49.1766 50.7470 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 6045 PARKING METER MAINT WORK ER MC03 H H051 34.2362 35.1845 36.3166 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 5043 PARKING METER MECHANIC MC03 H H050 38.5804 39.7940 41.0793 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 5041 PARKING METER MECHANIC TRAINEE MC03 H H049 34.2362 35.1845 36.3166 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 1159 PARKING SERVICES MANAGER PEU2 H H061 57.7457 60.5748 63. 4814 66.4850 69.7021 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1161 PARKS SUPERINTENDENT PEU2 H H 062 63.1424 66.2041 69.3818 72.8119 76.2903 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1163 PERMIT CENTER COORDINATOR PEU2 H H063 62.7236 65.8160 68. 9687 72.3169 75.7405 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 3033 PERMIT SPECIALIST CSU0 H H060 37.4405 39.2270 40.9 829 42.9007 44.9085 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 1165 PH PROG PHYSICIAN/DEP HEALTH OFFICE R PEU2 H H065 94.2709 99.0128 1 03.9038 109.0841 114.5154 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2148 PHYSICIAN UNR5 H H080 116.0347 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 3035 PLANNING TECHNICIAN CSU0 H H 061 37.6757 39.6600 41.7464 43.9387 46.2480 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 6046 PLAYGROUND LEADER TRAINEE UNR5 H H081 25.1077 25.1077 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 7013 POLICE AIDE UNR5 H H084 25.1077 25.1077 25.1077 29.1081 33.5007 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 1171 PRINCIPAL PLANNER PEU2 H H064 66.9650 70.0305 73.0950 76.3837 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2154 PUBLIC HEALTH NURSE CSU0 H H 063 70.6369 73.1676 76.1135 79.2917 82.3992 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 1175 PUBLIC SAFETY BUS MANAGER PEU2 H H066 63.8883 66.9404 70. 2541 73.7130 77.2397 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 7017 PUBLIC SAFETY DISPATCHER I MC03 H H052 35.8168 37.5712 39.1418 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 7019 PUBLIC SAFETY DISPATCHER II MC03 H H053 49.6879 51.7571 53.9240 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 1179 PUBLIC WORKS OPS MANAGER PEU2 H H068 67.4894 71.0446 74. 7837 78.7195 82.8597 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1177 PUBLIC WORKS SUPERINTENDENT PEU2 H H067 59.4280 62.3162 65. 2416 68.4460 71.7257 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 5045 PUBLIC WORKS SUPERVISOR MC03 H H054 50.2496 51.9267 53.7394 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 1181 REAL PROPERTY ADMINISTRATOR PEU2 H H069 63.1424 66.2041 69. 3818 72.8119 76.2903 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1189 REC YOUTH SERVICES MANAGER PEU2 H H072 65.1578 68.0062 71. 4070 74.9726 78.7319 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 4066 RECORDS ASSISTANT MC03 H H056 36.4085 38.4990 40.3345 41.2628 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 1183 RECORDS MANAGER PEU2 H H070 53.8894 56.4474 59.2 573 62.1734 65.1382 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 6048 RECREATION ACTIVITY LEADER (R2) CSPT H H 001 28.8321 31.6174 35.2534 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 1185 RECREATION COORDINATOR MC03 H H055 40.7529 42.3336 43. 9142 45.6686 47.3103 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 1187 RECREATION PROGRAM SUPERVISOR PEU2 H H071 45.2505 47.5147 49. 8892 52.3905 55.0101 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2156 RECYCLING PROGRAM MANAGER PEU2 H H073 57.4453 60.2456 63. 0748 66.1753 69.3529 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2160 REGISTERED NURSE CSU0 H H065 68.4210 70.7841 73.2022 75.8364 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 6050 REGISTERED VET TECHNICIAN MC03 H H057 34.2512 36.0594 37.9584 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 7020 RESERVE POLICE OFFICER UNR5 H H086 25.1077 39.6096 7/5/2026 Chan ge was made by 2.5% Resolution No. 71,408-N.S. 9003 RETIRED ANNUITANT UNR5 H H088 23.3300 148.4554 7/1/2026 Living Wage Increase to $23.33 per Ordinance No. 7,640-N.S. 1194 REVENUE COLLECTION MANAGER PEU2 H H074 61.1756 64.1694 67. 1924 70.4478 73.8290 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2162 REVENUE DEVELOPMENT SPECIALIST I CSU0 H H066 41.9772 43.7834 45.5504 47.4648 49.5498 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2164 REVENUE DEVELOPMENT SPECIALIST II CSU0 H H067 52.3376 54.6305 57.0842 59.5373 62.1508 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 1196 REVENUE DEVELOPMENT SUPERVISOR PEU2 H H075 54.0405 56.6061 59. 3976 62.2947 65.3194 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 5047 ROSARIAN MC03 H H058 40.8751 42.1498 43.4453 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 7022 SCHOOL CROSSING GUARD UNR5 H H089 30.1431 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 2166 SENIOR ACCOUNTANT PEU2 H H076 54.1123 56.7186 59.4 995 62.4255 65.4098 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 9005 SENIOR ANIMAL CONTROL OFFI CER MC03 H H065 42.2418 43.5064 44.7607 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 6052 SENIOR AQUATICS SPECIALIST UNR5 H H091 31.3036 33.2960 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 2168 SENIOR AUDITOR PEU2 H H077 54.0349 56.6026 59.3 927 62.2992 65.3128 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2170 SENIOR BEHAVIORAL HEALTH CLINICIA N CSU0 H H068 53.9928 56.1729 58.2603 60.5700 63.0287 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2172 SENIOR BLDG PLANS ENGINEER PEU2 H H079 71.4844 75.0787 78. 8189 82.7622 86.3377 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 3039 SENIOR BLDG PLANS EXAMINER CSU0 H H070 58.8557 61.3987 64. 1838 66.8989 69.8655 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 3037 SENIOR BUILDING INSPECTOR CSU0 H H069 58.8557 61.3987 64. 1838 66.8989 69.8655 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2174 SENIOR BUYER PEU2 H H080 45. 3731 47.5241 49.7136 52.1265 54.5193 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1201 SENIOR CITIZEN CENTER DIRECTOR PEU2 H H081 45.1929 47.1957 49.1431 51.1090 53.7268 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1203 SENIOR ELECTRICAL SUPERV ISOR PEU2 H H084 62.9685 65.8194 69.0614 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 3041 SENIOR ENGINEERING TECH PEU2 H H083 42.9945 44.9787 48. 6422 49.2362 51.6397 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1205 SENIOR EQUIPMENT SUPERVISOR PEU2 H H085 51.4578 53.9087 56. 5830 59.3346 62.2123 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 4070 SENIOR FIELD REPRESENTATI VE CSU0 H H073 42.3555 44.2226 46.0288 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 5051 SENIOR FORESTRY CLIMBER MC03 H H067 45.9042 47.3439 48.8262 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 1207 SENIOR FORESTRY SUPERVISOR PEU2 H H086 54.8074 57.3970 60. 2293 63.0243 65.9962 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S.

City of Berkeley
Publicly Available Pay Schedule [NON-BENEFITED]
Changes made 07/05/2026
Resolution No. xx,xxx-N.S

JOB CLASS CLASSIFICATION TITLE GROUP/BU PAY BASIS PAY
GRADE 1/BAND MIN 2 /BAND MAX 3456 EFFECTIVE DATE RESOLUTION 6054 SENIOR GROUNDSKEEPER MC03 H H068 36.9897 38.0504 39.3150 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 2180 SENIOR HEARING EXAMINER PEU2 H H088 67.9403 72.3885 76. 1591 79.5705 84.4561 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 6056 SENIOR LANDSCAPE GARDENER MC03 H H069 41.8440 43.0880 44.4753 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 2190 SENIOR LIBRARIAN CSU0 H H076 47.1997 49.2381 51.4 081 53.7696 56.1005 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 7028 SENIOR MARINA ASSISTAN T MC03 H H070 37.3463 38.3968 39.6514 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 2192 SENIOR MGMT ANALYST PEU2 H H 090 55.7496 58.4143 61.2919 64.2953 67.4056 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 3043 SENIOR PERMIT SPECIALIST CSU0 H H077 40.4925 42.5329 44. 6488 46.8915 49.8852 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2196 SENIOR PLANNER CSU0 H H078 58.6134 61.2369 64.0 328 66.8485 69.8357 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2198 SENIOR PUBLIC HEALTH NURSE CSU0 H H079 73.3571 76.1695 79. 0690 82.4283 85.5961 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 1211 SENIOR PUBLIC WORKS SUPERVISOR PEU2 H H091 49.2775 51.6123 54.1510 56.6702 59.3442 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 6060 SENIOR SERVICE ASSISTANT CSU0 H H081 36.2907 37.2392 38.1374 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 1215 SENIOR SYSTEMS ANALYST PEU2 H H093 60.6817 63.7044 66. 9308 70.3123 73.9165 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1217 SENIORS NUTRITION PROG SUPERVISOR PEU2 H H094 46.9814 49.2290 51.5160 53.9767 56.6994 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 5053 SERVICE TECHNICIAN MC03 H H059 40.4572 41.6939 42.9309 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 5055 SEWER MAINT ASSISTANT SUPERV ISOR MC03 H H060 47.2509 48.8095 50.4106 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 6062 SKILLED LABORER MC03 H H061 37.6279 38.7800 39.9994 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 2200 SOCIAL SERVICES SPECIALIST CSU0 H H082 41.9772 43.7833 45. 5503 47.4647 49.5496 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 6064 SOLID WASTE LOADER OPERATOR MC03 H H062 35.2577 37.8531 39. 7485 41.7384 43.8145 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 6066 SOLID WASTE SUPERVISOR PEU2 H H096 48.6028 50.4379 52.5249 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 6068 SOLID WASTE TRUCK DRIVER MC03 H H063 43.0322 44.7857 46.0058 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 6070 SOLID WASTE WORKER MC03 H H064 37.5884 39.2952 40.4387 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 1218 SOLID WASTER RECYCLING MANAGER PEU2 H H095 73.6742 77.1817 80.9312 84.9035 89.0311 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 6071 SPORTS FIELD MONITOR (R2) CSPT H H002 25. 1077 25.8609 26.6368 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 6073 SPORTS OFFICIAL (R2) CSPT H H003 25.1077 28. 6262 32.7524 36.8269 40.9271 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 1199 SR BLDG MAINTENANCE SUPERVISOR PEU2 H H078 49.2775 51.6123 54.1510 56.6702 59.3442 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2176 SR COMMUNITY DEVEL PROJ COORD PEU2 H H082 61.1756 64.1694 67.1924 70.4576 73.8290 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 5049 SR COMMUNITY HEALTH SPECIALIST CSU0 H H071 37.0777 38.3794 39.6106 40.9526 43.0418 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 7026 SR CRIME SCENE TECHNICI AN MC03 H H066 48.5751 50.4620 52.4199 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 2178 SR ENVIRONMENTAL HEALTH SPECIALI ST CSU0 H H072 53.3991 55.2728 57.3417 59.6332 61.8783 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2182 SR HEALTH MANAGEMENT ANALYST CSU0 H H074 53.9814 56.5747 59.3400 62.2765 65.2638 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2184 SR HEALTH SVCS PROG SPECIALIST PEU2 H H087 53.7540 55.7886 57.9589 60.3908 62.7063 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2188 SR INFO SYSTEMS SPECIALIST CSU0 H H075 52.4899 54.8275 57. 2953 59.8836 62.5556 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 1209 SR LANDSCAPE GARDENER SUPERVISOR PEU2 H H089 54.8074 57.3970 60.2293 63.0243 65.9962 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1213 SR SOLID WASTE SUPERVISOR PEU2 H H092 49.7426 52.0970 54. 6645 57.2034 59.8962 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1221 SUPERVISING BUILDING INSPECTOR PEU2 H H097 61.9799 65.0511 68.5586 71.4649 74.9051 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1223 SUPERVISING CIVIL ENGINEER PEU2 H H098 71.6881 75.1469 78. 7804 82.5882 86.5604 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1225 SUPERVISING HEARING EXAMINER PEU2 H H099 73.4817 77.2424 81. 1550 85.2445 89.5541 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2208 SUPERVISING LIBRARIAN CSU0 H H 083 53.7793 56.2721 58.9261 61.7523 64.7895 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 5003 SUPERVISING LIBRARIAN ASSISTANT CSU0 H H084 36.4721 37.9858 39.6404 41.3463 44.8854 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 2212 SUPERVISING PUBLIC HEALTH NURSE PEU2 H H100 67.6264 70.3189 73.2258 76.2440 79.4021 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 7024 SUPERVISING PUBLIC SAFETY DI SPATCHER MC03 H H071 56.9934 59.3568 61.8473 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 1227 SUPERVISING SYSTEMS ANALYST PEU2 H H101 72.4245 75.9800 79. 6134 83.5376 87.5394 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1229 SUPERVISING TRANSPORTATION ENGIN EER PEU2 H H102 72.2304 75.9124 79.7878 83.8570 88.1882 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 3045 SURVEY TECHNICIAN PEU2 H H103 41.1964 43.1154 45.0 907 47.2148 49.5248 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2214 SYSTEMS ACCOUNTANT PEU2 H H104 61.5917 64.6600 67.9 350 71.3669 75.0253 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 6077 TOOL LENDING SPECIALIST MC03 H H072 38.6010 40.4630 42.3658 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 6079 TRACTOR TRAILER DRIVER MC03 H H 073 39.7485 41.7384 43.8145 46.0168 48.3095 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 3047 TRAFFIC ENGINEERING ASSIST ANT PEU2 H H105 41.9043 43.9484 45.9544 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 5057 TRAFFIC MAINTENANCE SUPERV ISOR MC03 H H074 47.6979 49.1665 50.7470 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 6081 TRAFFIC MAINTENANCE WORKER I MC03 H H075 35.4091 36.4185 37.6016 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 6083 TRAFFIC MAINTENANCE WORKER II MC03 H H076 37.6016 38.7440 39.9575 41.1099 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 1231 TRANSPORTATION MANAGER PEU2 H H106 77.9944 81.8900 85. 9880 90.2808 94.8014 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1232 TRANSPORTATION SERVICES COORD PEU2 H H107 43.8776 46.0772 48.3782 50.8003 53.3373 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1234 TREASURY MANAGER PEU2 H H108 65.5793 68.8490 72.2 954 75.9054 79.7051 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 4001 VECTOR CONTROL TECHNICI AN CSU0 H H085 37.2683 38.5578 39.7482 7/5/2026 Change was made by 2.5% Resolution No. 71,583-N.S. 5059 WAREHOUSE OPS SPECIALIST MC03 H H080 41.8236 43.9041 45.9846 48.0447 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 1236 WATERFRONT MANAGER PEU2 H H 109 63.1424 66.2041 69.3818 72.8119 76.2903 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 1238 WATERFRONT SUPERVISOR PEU2 H H 110 53.6201 56.4486 59.4200 62.5485 65.8413 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S. 2218 WATERSHED RESOURCES SPECIALIST PEU2 H H111 45.1910 47.5923 49.8218 52.3062 54.9258 7/5/2026 Change was made by 2.5% Resolution No. 71,586-N.S.

City of Berkeley
Publicly Available Pay Schedule [NON-BENEFITED]
Changes made 07/05/2026
Resolution No. xx,xxx-N.S

JOB CLASS CLASSIFICATION TITLE GROUP/BU PAY BASIS PAY
GRADE 1/BAND MIN 2 /BAND MAX 3456 EFFECTIVE DATE RESOLUTION 6087 WEIGHMASTER MC03 H H077 37.0509 39.1821 41.0487 41.9868 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 6089 WEIGHMASTER TRAINEE MC03 H H078 36.1637 37.8059 38.9068 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 5061 WELDER MECHANIC MC03 H H079 48.8182 50.3004 51.7827 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 6091 YARDMASTER MC03 H H 081 40.0419 41.3210 42.5411 7/5/2026 Change was made by 2.5% Resolution No. 71,408-N.S. 9006 YOUTH ENROLLEE UNR5 H H103 19.6100 7/1/2026 Minimum Wage Ord No. 7,505-N.S.

California Public Employees’ Retirement System
P.O. Box 942715 | Sacramento, CA 94229-2715
888 CalPERS (or 888-225-7377) | TTY: (877) 249-7442
www.calpers.ca.gov
Payroll
Circular Letter
January 8, 2020
Circular Letter: 200-003-20
Distribution: IV, VI, X, XII, XVI
To: All CalPERS Contracted Agencies (Public Agency, Schools, and State) Subject: Statutory and Regulatory Requirements for Publicly Available Pay Schedules Purpose
The purpose of this Circular Letter is to inform all CalPERS Contracted Agencies of the requirements for providing CalPERS with a Publicly Available Pay Schedule in compliance with the Public Employees’ Retirement Law (PERL), Public Employees’ Pension Reform Act of 2013 (PEPRA), and Title 2 of the California Code of Regulations (CCR).

Purpose of Publicly Available Pay Schedules
Under the PERL and PEPRA, compensation earnable and pensionable compensation are determined in accordance with amounts identified on publicly available pay schedules.

Compensation Earnable
Under Government (Gov.) Code sections 20636 and 20636.1, compensation earnable means the pay rate and special compensation of the member, as further defined by those statutes.

Pay rate for contracting agency and school members is deemed the normal monthly rate of pay or base pay of the member paid in cash to similarly situated members of the same group or class of employment for services rendered on a full-time basis during normal working hours, pursuant to publicly available pay schedules. Pay rate for contracting agency and school members who are not in a group or class is deemed the monthly rate of pay or base pay of the member, paid in cash and pursuant to publicly available pay schedules, for services rendered on a full-time basis during normal working hours, subject to specified limitations.

Circular Letter: 200-003-20
January 8, 2020

Pay rate for state members is deemed the average monthly remuneration paid in cash out of funds paid by the employer to similarly situated members of the same group or class of employment, in payment for the member’s services or for time during which the member is excused from work, as further specified by subdivision (g) of Gov. Code 20636, pursuant to publicly available pay schedules.

Pensionable Compensation
Pursuant to Gov. Code section 7522.34, pensionable compensation of a new member of any public retirement system means the normal monthly rate of pay or base pay of the member paid in cash to similarly situated members of the same group or class of employment for services rendered on a full-time basis during normal working hours, pursuant to publicly available pay schedules, subject to specified limitations.

Requirements of Publicly Available Pay Schedules
Subdivision (a) of CCR section 570.5 defines the requirements for a publicly available pay schedule used to determine pay rates.

Pay rates shall be limited to the amount listed on a pay schedule that must meet all the following eight (8) requirements:

1. Be duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meetings laws

2. Identify the position title for every employee position

3. Show the pay rate as a single amount or multiple amounts within a range for each identified position

4. Indicate the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually

5. Be posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's website

6. Indicate an effective date and date of any revisions

7. Is retained by the employer and available for public inspection for not less than five years

8. Does not reference another document in lieu of disclosing the pay rate Here is an example of a compliant pay schedule, to the extent it has been duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meeting laws, it is posted on the employer’s website, and it is retained by the employer and available for public inspection for not less than five years:

Circular Letter: 200-003-20
January 8, 2020

Classification Rate Type Step 1 Step 2 Step 3 Step 4 Step 5 City Manager Monthly $10,500 $11,000 $11,500 $12,000 $12,500 City Counsel Monthly $10,000 $10,500 $11,000 $11,500 $12,000 City Clerk Monthly $5,500 $6,000 $6,500 $7,000 $7,500
Call Center Representative Monthly $5,000 $5,500 $6,000 $6,500 $7,000 Analyst Monthly $5,000 $5,500 $6,000 $6,500 $7,000
Assistant Monthly $4,500 $5,000 $5,500 $6,000 $6,500
Revised as of 09/01/2017 and adopted by the Board as of 09/15/2017 City of CalPERS
Salary Schedule for Fiscal Year 17-18
Effective as of 07/01/2017
Special Compensation
Pursuant to CCR section 571 for classic members, and CCR section 571.1 for new members under PEPRA, special compensation items are defined under an exclusive list. Each special compensation item shall be reported separately from pay rate, in accordance with the criteria described in those regulations. Therefore, a publicly available pay schedule in which the special compensation items are reflected in the pay rates does not comply with CCR section 570.5.

Absence of Publicly Available Pay Schedule
If an employer fails to meet the requirements of subdivision (a) of CCR section 570.5, under subdivision (b), the board may determine in its sole discretion an amount that will be considered as pay rate, taking into consideration all information it deems relevant including, but not limited to, the following:
• Documents approved by the employer’s governing body in accordance with requirements of public meeting laws and maintained by the employer
• Last pay rate listed on a pay schedule that conforms to the requirements of subdivision (a) with the same employer for the position at issue
• Last pay rate for the member that is listed on a pay schedule that conforms with the requirements of subdivision (a) with the same employer for a different position • Last pay rate for the member in a position that was held by the member and that is listed on a pay schedule that conforms to the requirements of subdivision (a) of a former CalPERS employer.

Importance of Publicly Available Pay Schedule
Publicly available pay schedules are required by CalPERS and are a critical component to verify all members’ pay rates when calculating members’ retirement benefits. Maintaining a compliant publicly available pay schedule will support transparency and expedite CalPERS’ review process.

Circular Letter: 200-003-20
January 8, 2020

Failure to provide CalPERS with a compliant publicly available pay schedule may result in a retirement benefit being delayed.

Questions
It is the employer’s responsibility to comply with all terms and conditions set forth in the employer’s contract with CalPERS and to ensure all reportable information is compliant with the PERL, PEPRA, and the CCR.

If you have any questions or concerns, contact the CalPERS Customer Contact Center at 888 CalPERS (or 888-225-7377), or email [email protected].

Renee Ostrander, Chief
Employer Account Management Division

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
September 29, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Janelle Rodrigues, Director of Human Resources Subject: Appointment of Director of Police Accountability

RECOMMENDATION
Adopt a Resolution approving the appointment of Mary Opler as Director of Police Accountability and approving an employment agreement effective October 5, 2026, at an annual salary of $230,000.

FISCAL IMPACTS OF RECOMMENDATION
Salary and benefits for the Director of Police Accountability are included in the adopted budget for the Office of the Director of Police Accountability. The proposed annual salary for Mary Opler is $230,000 and is within the Council-approved salary range for the position. Any benefits and other employment terms will be provided in accordance with the attached employment agreement and applicable City policies.

CURRENT SITUATION AND ITS EFFECTS
The Director of Police Accountability position became vacant following the departure of the prior director. Consistent with Berkeley City Charter Section 125, the City conducted a recruitment and selection process for a new director. The process included a national search and review of qualified applicants, stakeholder engagement, and interviews of finalists by the City Council.

Mary Opler was selected as the recommended finalist. Ms. Opler is an attorney and an experienced civilian police-oversight professional. She currently serves as an Investigations Supervisor in Seattle’s Office of Police Accountability, where she supervises investigations of alleged police misconduct, including complex and high- profile matters.

Ms. Opler previously worked in civilian oversight with the City of Sacramento Office of Public Safety Accountability, monitoring investigations involving the Police and Fire Departments. Earlier in her career, she served as a criminal trial prosecutor with the King County Prosecuting Attorney’s Office and as a San Francisco police officer. Her combined experience in law enforcement, prosecution, independent oversight, and investigations directly supports the duties of Berkeley’s Director of Police Accountability.

08

Appointment of Director of Police Accountability CONSENT CALENDAR September 29, 2026

BACKGROUND
In 1973, Berkeley voters established the Police Review Commission to provide community participation in setting Police Department policies, practices, and procedures and a means to investigate complaints against sworn Police Department employees.

On November 3, 2020, Berkeley voters adopted Measure II, amending the City Charter to establish the Office of the Director of Police Accountability and the Police Accountability Board, which replaced the Police Review Commission. The purpose of the Police Accountability Board is to promote public trust through independent, objective civilian oversight of the Berkeley Police Department; provide community participation in setting and reviewing Police Department policies, practices, and procedures; and provide a means for prompt, impartial, and fair investigation of complaints against sworn employees of the Berkeley Police Department.

Under Charter Section 125, the City Council appoints the Director of Police Accountability at a noticed public meeting. The Director investigates complaints filed against sworn employees of the Berkeley Police Department, carries out the work of the Police Accountability Board, and oversees the day-to-day operations of the Office of the Director of Police Accountability, among other Charter duties. The Police Accountability Board and the Director are independent of the City Manager, except for administrative purposes, and report to the Mayor and City Council.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or climate impacts associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
Ms. Opler’s extensive experience leading and supervising police-misconduct investigations, monitoring internal-affairs processes, practicing criminal law, and working within law enforcement makes her well qualified to serve as Director of Police Accountability. Her background demonstrates the independence, judgment, and investigative rigor needed to carry out the duties established by Measure II and Charter Section 125.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Janelle Rodrigues, Director of Human Resources, (510) 981-6807 Attachments:
1: Resolution
Exhibit A: Employment Agreement

RESOLUTION NO. ##,###-N.S.

APPOINTMENT OF MARY OPLER AS DIRECTOR OF POLICE ACCOUNTABILITY WHEREAS, Section 125 of the City Charter provides that the Director of Police Accountability shall be appointed by the City Council to implement Measure II adopted on November 3, 2020, oversee the operations of the Office of the Director of Police Accountability, and carry out the work of the Police Accountability Board; and WHEREAS, Mary Opler has extensive experience in civilian police oversight, police- misconduct investigations, criminal prosecution, and law enforcement; and WHEREAS, Ms. Opler currently serves as an Investigations Supervisor with the Seattle Office of Police Accountability and previously worked with the Sacramento Office of Public Safety Accountability, the King County Prosecuting Attorney’s Office, and the San Francisco Police Department; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council hereby appoints Mary Opler as Director of Police Accountability, with an annual salary of $230,000, on the terms and conditions stated in the attached employment agreement, effective October 5, 2026.

Exhibits
A: Employment Agreement

EMPLOYMENT AGREEMENT

DIRECTOR OF POLICE ACCOUNTABILITY
This Employment Agreement (the “Agreement”) is made and entered into this 29th day of September, by and between the City of Berkeley (“Employer” or “City”) and Mary C. Opler (“Employee”), collectively (“Parties”).

RECITALS
WHEREAS, the City’s Director of Police Accountability is a regular position that is currently vacant and information regarding the recruitment for the position has been posted; and WHEREAS, the Parties have determined that Employee is specially trained, experienced, competent, and possesses the requisite specialized skills and training necessary to perform satisfactorily in the role; and
WHEREAS, the City desires to retain Employee on full-time basis to perform the duties of Director of Police Accountability; and
WHEREAS, Employee has signed a conditional offer letter for the Director of Police Accountability role; and
WHEREAS, Employee is willing to serve under the terms and conditions set forth herein.

NOW THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the City and Employee agree as follows:

1.0 COMMENCEMENT, AT-WILL STATUS AND TERMINATION

1.1 Commencement of Employment. Employee shall begin employment with the City as the Director of Police Accountability only after the appointment is approved by the City Council at a noticed public meeting, as set forth in the City Charter, Article XVIII, Section 125(14)(a). The effective date of Employee’s appointment (the “Effective Date”) shall be on the date set forth in the City Council’s resolution approving this Agreement. As a condition of employment, Employee shall execute this Agreement.

1.2 No Set Term; At-Will Status. Employee shall serve at the pleasure of the City Council on an “at-will” basis. Employee’s appointment as the Director of Police Accountability shall not have a fixed term but rather shall continue until Employee’s resignation, death, or removal by the City Council. As set forth in City Charter, Article XVIII, Sections 125(14)(d) and 125(14)(e), the City Council may terminate Employee’s employment at any time, with or without cause, upon a two-thirds vote either on its own motion or based on the recommendation of the Police Accountability Board. Employee may also resign at any time

upon providing two weeks’ prior written notice to the City. Such notice shall be in the form of a letter to the City Manager and City Council.

1.3. No Rights Created by Agreement. This Agreement does not create, and shall not be construed to create, any due process and/or property rights to employment, including without limitation a right to advance notice of termination, appeal, disciplinary hearing, progressive discipline, performance improvement plan, statement of reasons for termination, or continued employment. For avoidance of doubt, nothing in this Agreement shall be construed to incorporate any due process and/or property rights to employment from the City’s Unrepresented Employee Manual or any other City policy.

1.4 Severance. In the event that Employee is terminated by the City Council without cause, the City shall pay Employee as severance pay a lump-sum cash payment equivalent to five (5) months of salary, at the rate of pay Employee had been receiving immediately prior to termination. No other post-termination compensation shall be paid to Employee other than compensation earned for hours worked and vested and accrued benefits payable under applicable law or City policy. As a condition precedent to receiving the severance pay referenced in this subsection, Employee must sign a comprehensive release and waiver of all claims arising out of and related to Employee’s employment with the City.

2.0 DUTIES AND AUTHORITY; PERFORMANCE EXPECTATIONS

2.1 Authority. The City shall employ Employee as Director of Police Accountability, vested with the authority necessary to lead the Office of the Director of Police Accountability and its staff.

2.2 Duties. Employee shall perform such duties consistent with the classification specification and the City Charter, Berkeley Municipal Code, and applicable policies.

2.3 Performance Evaluation. The City Council and/or Police Accountability Board may, in their discretion, conduct a performance evaluation for Employee at any time during employment. However, any performance evaluation or performance plan, whether written or otherwise, is for performance-management purposes only and shall not be construed to modify Employee’s at-will status or the ability of the City Council to remove Employee with or without cause pursuant to this Agreement and the City Charter. No performance evaluation or assessment shall be required, either before the City Council exercises its authority to terminate Employee’s employment or at any other time.

2.4 Mayor Role in Approving Employee Requests. In appropriate cases, the Mayor may act in the stead of the City Council to approve any requests by Employee that might require supervisor approval. The City in its sole discretion may determine the circumstances in which the Mayor may exercise this approval authority.

3.0 COMPENSATION AND BENEFITS

3.1 Salary. The City shall pay Employee an annual salary of $230,000. The above rate is within the City’s established salary range for the Director of Police Accountability classification.

3.2 Payroll Treatment. Employee’s salary shall be paid on the City’s regular payroll cycle, subject to applicable withholdings and deductions. Although an hourly equivalent may be used for purposes of payroll processing, such an hourly equivalent is for administrative purposes only and shall not be construed to establish eligibility for overtime compensation or other benefits that may be available to non-exempt employees.

3.3 Vacation Leave. Employee shall receive four weeks (160 hours) of vacation leave annually. Annual vacation leave shall be administered in the same manner as vacation is administered for department head employees of the City with regard to timing of credits and buyback policy. Maximum vacation accrual is 320 hours.

3.4 Sick Leave. Employee shall accrue fifteen (15) days of sick leave annually with unlimited accumulation. Sick leave may be used in accordance with policies applicable to department head employees of the City.

3.5 Other Benefits in Unrepresented Employee Manual. Aside from the vacation and sick leave specified above, the City may authorize Employee to receive other employee benefits provided to regular at-will employees under the City’s Unrepresented Employee Manual or any cost-of-living increases the City Council approves for regular at-will employees covered by the Unrepresented Employee Manual. Employee may receive only those benefits under the Unrepresented Employee Manual that apply to at-will employees, consistent with Article 9 of the Unrepresented Employee Manual. Sections of the Unrepresented Employee Manual applicable only to employees in the career service who are not at-will, including without limitation Section 12.1 and Sections 12.4 through 12.8, shall not apply to Employee.

4.0. INDEMNIFICATION
To the maximum extent permitted by law and City policy, the City shall defend and indemnify Employee for acts or omissions within the course and scope of duties under this Agreement, consistent with Government Code and City policies.

5.0 CONFIDENTIALITY AND ETHICS

5.1 Ethics; Conflict of Interest. Employee shall comply with all applicable conflict-of-interest and ethics laws and City policies, including filing any required Form 700 disclosures, if designated.

5.2 Confidentiality. Employee shall comply with all applicable records retention, confidentiality, and public records laws and policies, whether set forth in federal law,

state law, or City law or policy. For example, as set forth in City Charter, Article XVIII, Section 125(3)(d)(3) and Section 20(b), Employee must maintain the confidentiality of peace officer personnel file information protected by California Penal Code section 832.7 or any other state or federal law. Employee must also maintain the confidentiality of attorney-client privileged communications, unless privilege is waived by the City Council.

5.3 Survival of Confidentiality Obligations After Employment. Employee acknowledges and agrees that Employee’s obligation to comply with any applicable confidentiality, privilege, records-protection, or similar nondisclosure obligations shall continue after Employee’s separation from employment with the City, regardless of the reason for the separation.

5.4 Financial Interest Prohibited. Employee will not maintain any financial interest or engage in any other contract employment, occupation, work, endeavor or association, whether compensated for or not, that would in any way conflict with, or impair, Employee’s ability to perform the duties described in this Agreement.

6.0 WORKPLACE POLICIES
Employee shall comply with all City policies (including code of conduct, harassment prevention, information security, and timekeeping), as those policies may be changed from time to time.

7.0 MODIFICATIONS
The Agreement may be modified only by a written amendment approved by the City Council.

8.0 GENERAL PROVISIONS

8.1 Assignment. Employee shall not assign any interest in this Agreement and shall not transfer any interest in the same without the prior written consent of the City.

8.2 Ownership of Records. Employee agrees that all documents and writings of any type produced in the performance of this Agreement and delivered to the City or its staff shall be the sole property of the City, including all rights therein of whatever kind and whether arising from common or civil law or equity. Upon termination of this Agreement for any reason, or upon expiration of this Agreement, all such documents and writings produced in the performance of this Agreement shall be transferred to and become the property of the City upon its request without additional compensation.

8.3 Severability. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.

8.4 Governing Law. This Agreement shall be governed by the laws of the State of California and any litigation brought pursuant to it shall be in Alameda County.

8.5 Entire Agreement. This Agreement constitutes the entire agreement between the City and Employee and supersedes and replaces any and all prior or contemporaneous agreements, understandings or commitments between the City and Employee.

No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of both the City and Employee consistent with Section 7.0 of this Agreement.

8.6 This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart of duplicate copy shall be equivalent to a signed original for all purposes.

8.7 This Agreement shall not be construed against any one party but shall be construed as if jointly prepared by City and Employee.

Executed on the 29th day of September 2026, in Berkeley, Alameda County, California.

CITY OF BERKELEY: Employee:
___________________________________ _____________________________________ Adena Ishii, Mayor Mary C. Opler APPROVED AS TO FORM:
__________________________________
Farimah Faiz Brown, City Attorney
ATTEST:
__________________________________
Mark Numainville, City Clerk

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.ci.berkeley.ca.us/manager

CONSENT CALENDAR
September 29, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Janelle Rodrigues, Director of Human Resources Subject: Contract: Agile Occupational Medicine for Occupational Health Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Agile Occupational Medicine for Employee Occupational Health Services for the period of January 1, 2027 through June 30, 2030 for a total not to exceed amount of $150,000.

FISCAL IMPACTS OF RECOMMENDATION
The City spends approximately $50,000 per fiscal year for Occupational Health services. Services include pre-employment medical examinations, annual physical exams, communicable disease services, medical diagnostics, medical education and consultation. Expenditures for these services are covered by various funding sources within each Department’s budgets. Departments that are the primary users of this service include: Police, Fire, Public Works, Health, Housing and Community Services and Parks, Recreation and Waterfront.

CURRENT SITUATION AND ITS EFFECTS
On December 16, 2025, the City released Request For Proposal (RFP) specification number 26-11766C. The City received six responses from prospective bidders of which only four submitted complete responses. After careful review of the submitted proposals and subsequent interviews, the City’s selection committee determined that Agile Occupational Medicine was ranked the highest based on the selection criteria and has the highest probability of effectively meeting the needs of the City.

BACKGROUND
Historically, the City has successfully utilized local occupational health services to assess and improve the health status of its staff. The City’s emergency services departments are expected to be the primary users of the service. The examinations are extensive, and the ability to conduct them at a single location significantly improves efficiency and continuity of care. Centralizing the exams reduces logistical challenges, minimizes scheduling delays, and ensures a more streamlined experience for City staff.

Agile Occupational Medicine was recommended by the selection panel for their

09

Occupational Health Services Contract CONSENT CALENDAR
September 29, 2026

experience and familiarity with health service requirements specific to cities/municipalities.

RATIONALE FOR RECOMMENDATION
Agile Occupational Medicine was selected as the City’s Occupational Health Services provider based on its comprehensive capability to perform all required medical evaluations for current and prospective employees and provide high level occupational medical services. The selection was determined by the ranking of its proposal submitted in response to RFP Specification No. 26-11766C.

CONTACT PERSON
Kevin Walker Occupational Health and Safety Officer, 981-6825

RESOLUTION NO. ##,###-N.S.

CONTRACT: AGILE OCCUPATIONAL MEDICINE FOR OCCUPATIONAL HEALTH

SERVICES
WHEREAS, a Request for Proposal (Specification 26-11766C) was posted on the City’s website on December 16, 2025; and
WHEREAS, four complete proposals were received by the February 26th deadline; and WHEREAS, after careful analysis by a three-member review panel; Agile Occupational Medicine was ranked the highest based on the selection criteria and has the highest probability of effectively meeting the needs of the City.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a three-year agreement with Agile Occupational Medicine to provide occupational health services for the period of January 1, 2027 through June 30, 2030 in the amount not to exceed $150,000 to be paid by departments utilizing the services from a variety of funding sources in budgets previously adopted by the departments of Police, Fire, Public Works, Health, Housing and Community Services, Parks, Recreation and Waterfront.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/manager

CONSENT CALENDAR
September 29, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Contract No. 32100138 Amendment: AnchorCM for On-call Waterfront Project and Construction Management Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32100138 for AnchorCM, for on-call Waterfront project and construction management services, increasing the contract amount by $1,000,000 for a total Not-to- exceed amount of $3,000,000 and duration by twelve months, from December 31, 2026 to December 31, 2027.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this contract amendment will be appropriated from the FY 2027 and FY 2028 Marina Fund, Parks Tax Fund, and the Capital Improvements Fund (Fund 501).

Funds will be expended only for actual Waterfront project and construction management.

CURRENT SITUATION AND ITS EFFECTS
At present, AnchorCM and Consor North America Inc. (Park Engineering Inc.) are contracted to provide on-call Waterfront project and construction management services for a range of current projects that include Piling Replacements; Finger Dock Replacements; L&M, N Dock Garbage Relocation; Marina Restroom Upgrades; O&K Dock Electrical Upgrades; South Cove East Parking Lot Slurry and Striping; South Cove Seawall Replacement; West Frontage Road Landscaping and Irrigation Improvements; and Perimeter Pathway Improvements (contract number 32100138). The contract with AnchorCM will reach its spending limit by the end of 2026, and a contract amendment in the amount of $1,000,000 is needed in order to ensure that AnchorCM can provide on- call Waterfront project and construction management services through 2027, including the current Tom Bates Fields construction project.

Effective January 1, 2026, local agencies are required to satisfy noticing requirements for certain contracts for services that meet the criteria outlined in Government Code Section 3504.1 as amended by AB 339. This project does not meet the criteria in Government Code Section 3504.1 and is exempt from the noticing requirement.

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Amendment to Contract No. 32100138 with AnchorCM for On-call CONSENT CALENDAR Waterfront Project and Construction Management Services September 29, 2026

BACKGROUND
The Department of Parks, Recreation, and Waterfront (PRW) requires Waterfront- specific project and construction management services to implement the City’s Capital Improvement Program. The PRW Department regularly conducts a competitive Request For Qualifications process (RFQ) for on-call Waterfront project and construction management services. This reduces the need for multiple RFQ processes and reduces the time it takes to complete a project, sometimes by up to two years. The City will conduct a new competitive RFQ process for on-call Waterfront project and construction management projects in FY2027.

On October 29, 2020, the City issued a Request for Qualifications (RFQ) for On-Call Waterfront Project and Construction Management Services (Specification No. 21- 11424-C). The City received Statements of Qualifications (SOQs) from 11 firms. After evaluation of the SOQs by the review panel, AnchorCM was among the firms selected.

On March 9, 2021, Council authorized a $1,000,000 contract for On-call Waterfront Project and Construction Management services with AnchorCM, for the period April 1, 2021 through June 30, 2024 (Resolutions No. 69,744-N.S.).

On May 9, 2023, Council authorized an amendment to the Contract, increasing the total not to exceed contract amount to $2,000,000, and extending the duration to June 30, 2025. Subsequently, on January 27, 2025, the City Manager extended the duration of the contract from June 30, 2025 to December 31, 2026, as provided for under the terms of the Contract.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no anticipated negative environmental effects of this action. The execution of this contract amendment will help ensure the successful completion of several ongoing Waterfront capital improvement projects that will incorporate the sourcing of sustainable and renewable resources used in construction projects, as well as comply with all regulatory agency requirements such as Bay Conservation Development Commission, Fish and Wildlife, Army Corp of Engineers, and Regional Water Control Board. This action will help the City promote Strategic Plan goal #1 of providing state-of-the-art, well-maintained infrastructure, amenities, and facilities.

RATIONALE FOR RECOMMENDATION
AnchorCM is highly qualified for the proposed projects, as previously evaluated through the City’s contracting process. They have the required expertise in Waterfront project and construction management, support the City’s on-going capital program needs, and complement the personnel and capacity available in the Parks, Recreation and Waterfront Departments to complete existing projects. City staff does not have the capacity to provide the necessary project and construction management services.

ALTERNATIVE ACTIONS CONSIDERED
None

Amendment to Contract No. 32100138 with AnchorCM for On-call CONSENT CALENDAR Waterfront Project and Construction Management Services September 29, 2026

CONTACT PERSON
Scott Ferris, Director, Parks Recreation & Waterfront, (510) 981-6700 Nelson Lam, Supervising Civil Engineer, PRW, (510) 981-6395 Attachments: Resolution

RESOLUTION NO. ##,###-N.S.

CONTRACT NO. 32100138 AMENDMENT: ANCHORCM FOR ON-CALL

WATERFRONT PROJECT AND CONSTRUCTION MANAGEMENT SERVICES WHEREAS, on March 9, 2021, Council authorized a $1,000,000 contract for On-call Waterfront Project and Construction Management services with AnchorCM, for the period April 1, 2021 through June 30, 2024 (Resolutions No. 69,744-N.S.); and WHEREAS, on May 9, 2023 by Resolution No. 70,823-N.S. the City Council authorized an amendment to Contract No. 32100138, increasing the total not to exceed contract amount to $2,000,000, and extending the duration to June 30, 2025; and WHEREAS, on January 27, 2025, the City Manager extended the duration of Contract No. 32100138 from June 30, 2025 to December 31, 2026, as provided for under the terms of the Contract; and
WHEREAS, City staff does not have the capacity to provide Waterfront project and construction management services; and
WHEREAS, the contract with AnchorCM will reach its spending limit by the end of 2026, and a contract amendment in the amount of $1,000,000 is needed in order to ensure that AnchorCM can provide on-call Waterfront project and construction management services through 2027, including the Tom Bates Fields Construction Project; and WHEREAS, funding for this contract amendment will be appropriated from the FY 2027 and FY 2028 Marina Fund, Parks Tax Fund, and the Capital Improvements Fund (Fund 501). Funds will be expended only for actual Waterfront project management and construction management required.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 32100138 with AnchorCM for Waterfront project and construction management services, increasing the amount by $1,000,000 for a revised contract amount not to exceed $3,000,000, and extending the contract to December 31, 2027.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
September 29, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Parks, Recreation & Waterfront Subject:

Contract No. 32400043 Amendment: Elavon, Inc. for Online Credit Card Processing Services for Recreation Programs and Facilities

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to contract 32400043 with Elavon, Inc. for online credit card processing services for Recreation programs and facilities by $125,000 for a new not-to-exceed amount of $485,000 with no change to the contract term ending on May 31, 2027.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the amendment to contract 32400043 is available in the FY27 budget in the Camps Fund (Fund 125) and General Fund (Fund 011).

CURRENT SITUATION AND ITS EFFECTS
The City’s Recreation Division uses CivicRec software to manage all online registration for recreation programs, picnic site and court rentals, afterschool programs, swim lessons and lap swim, sports field reservations, and camps. Online credit card payments by residents in the CivicRec system are processed by a credit card gateway system provided by Elavon, Inc. Due to a large increase in participation in City recreation programs in the last three years, the spending authority on the contract with Elavon will be reached a full year earlier than projected. As a result, a contract amendment is needed to increase the spending authority through FY 2027.

Effective January 1, 2026, local agencies are required to satisfy noticing requirements for certain contracts for services that meet the criteria outlined in Government Code Section 3504.1 as amended by AB 339. This project does not meet the criteria in Government Code Section 3504.1 and is exempt from the noticing requirement.

BACKGROUND
On September 12, 2023, the City executed a contract with Elavon to provide third-party credit card processing services for Recreation programs and facilities via a piggyback contract with the State of California Department of General Services in the amount of $360,000 (City contract number 324000043, Resolution 70,825, May 9, 2023). Elavon,

11

Amending Contract 32400043 with Elavon, Inc. for CONCENT CALENDAR Recreation Online Registration Payment Processing September 29, 2026

a subsidiary of US Bank, is one of the State of California’s two contracted credit card processors. Elavon processes payments for 80% of the state’s entities (approximately 6,000 organizations).

The City of Berkeley Parks, Recreation and Waterfront Department (PRW) provides a wide range of recreation facilities, programs, classes, and events for Berkeley resident and non-resident community members. The City operates two swimming pools, five community centers, eleven sports fields, over 50 parks, two remote residential camp sites, and one skate park. The City accepts online payments by residents who register for activities for families, adults and youth, including after-school programs, day camps, classes, residential camps, special events, sports and swimming. In addition, PRW offers tennis court, picnic site, camp and field rentals.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
In addition to time savings for residents, paying online via credit card has substantial environmental benefits compared to the alternative of driving to a City recreation site, completing paper-based transactions, paying via cash or check, processing that payment, and driving it to the City’s Treasury Division, and then to the bank.

RATIONALE FOR RECOMMENDATION
Due to a large increase in participation in City recreation programs in the last three years, the spending authority on the contract with Elavon, Inc. for credit-card processing services will be reached a full year earlier than projected. This contract amendment will allow the City to continue to accept online credit card payments from residents for City of Berkeley Recreation programs, camps, classes, and rentals for one additional year before the contract expires.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director, Parks, Recreation, and Waterfront, 981-6700 Stephanie Chu, Recreation and Youth Services Manager, 981-6707 Attachments:
1: Resolution

RESOLUTION NO. ##,###-N.S.

CONTRACT NO. 32400043 AMENDMENT: ELAVON, INC. FOR RECREATION

ONLINE REGISTRATION PAYMENT PROCESSING
WHEREAS, on September 12, 2023, the City executed a contract with Elavon to provide third-party credit card processing services for Recreation programs and facilities via a piggyback contract with the State of California Department of General Services in the amount of $360,000 (City contract number 324000043, Resolution 70,825, May 9, 2023); and
WHERAS, due to a large increase in participation in City recreation programs in the last three years, the spending authority on the contract with Elavon will be reached a full year earlier than projected; and
WHEREAS, funding for an amendment to contract 32400043 for one additional year are available in the FY27 budget in the Camps Fund (Fund 125) and General Fund (Fund 011).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or his designee is authorized to execute an amendment to contract 32400043 with Elavon, Inc. for online credit card processing services for Recreation programs and facilities by $125,000 for a new not-to-exceed amount of $485,000 with no change to the contract term ending on May 31, 2027.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
September 29, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Donation: Memorial Bench at the Berkeley Marina in Memory of Mike Parker

RECOMMENDATION
Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at the Berkeley Marina in memory of Mike Parker.

FISCAL IMPACTS OF RECOMMENDATION
The value of a single bench and memorial plaque is $3,400, which covers the purchasing and installation costs performed by the City. The cash donation will be deposited into Marina Fund donation revenue budget code 608-52-544-591-0000-000- 000-481110 and will be appropriated in FY 2027.

CURRENT SITUATION AND ITS EFFECTS
The family of Mike Parker wishes to donate a memorial bench in his memory to be placed at the Berkeley Marina with a cash donation of $3,400. Per the City’s Park Bench Donation Policy, individuals may donate memorial benches to the City’s parks in selected locations, subject to the approval of the Director of the Parks Recreation & Waterfront Department, and pay for all associated costs, subject to Council disclosure and approval of the gift donation. The Director has determined that the proposed donation complies with the City’s Bench Donation Policy as described in Resolution No. 64,148-N.S. and has approved the donation, subject to Council approval.

BACKGROUND
Benches are placed throughout the City in accordance with the City’s Park Bench Donation Policy approved by Council on July 22, 2008 (Resolution No. 64,148-N.S.).

The City’s Open Governance Ordinance (OGO) requires City Council disclosure and approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166- N.S.)

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACT
The City’s vendor for benches, Dumor, Inc., makes its priority to purchase only sustainably-harvested wood derived from stringently-regulated timber source locations,

12

Donation: Memorial Bench at Berkeley Marina – Mike Parker CONSENT CALENDAR September 29, 2026

including California, Oregon, Washington and British Columbia. This policy reduces solid waste volumes in landfills, helps conserve natural resources and limits the environmental effects resulting from the extraction of virgin materials. The benches therefore comply with the City’s environmentally preferable purchasing policy, specifically section 3.7 Forest Conservation.

CONTACT PERSON
Scott Ferris, Director, 510-981-6700
Attachments:
1: Resolution

RESOLUTION NO. -N.S.

DONATION: MEMORIAL BENCH AT THE BERKELEY MARINA IN MEMORY OF MIKE PARKER
WHEREAS, on July 22, 2008, Council adopted the Park Bench Donation Policy (Resolution No. 64,148-N.S.); and
WHEREAS, the City’s Open Governance Ordinance (OGO) requires City Council disclosure and approval of any gift to the City in excess of $1,000 (BMC Section

2.06.150, Ord. 7,166-N.S.); and
WHEREAS, the family of Mike Parker wishes to donate a memorial bench in his memory to be placed at the Berkeley Marina with a cash donation of $3,400; and WHEREAS, per the City’s Park Bench Donation Policy, individuals may donate memorial benches to the City’s parks in selected locations, subject to the approval of the Director of the Parks Recreation & Waterfront Department, and pay for all associated costs, subject to Council disclosure and approval of the gift donation; and WHEREAS, the Director has determined that the proposed donation complies with City’s Bench Donation Policy as described in Resolution No. 64,148-N.S. and has approved the proposed donation; and
WHEREAS, the cash donation will be deposited into Marina Fund donation revenue budget code 608-52-544-591-0000-000-000-481110 and will be appropriated in FY 2026.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that a cash donation in the amount of $3,400 for a memorial bench to be placed at the Berkeley Marina in memory of Mike Parker is hereby accepted.

CONSENT CALENDAR
September 29, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jen Louis, Chief of Police
Subject: Amendment to BMC Chapter 2.99 to Establish Surveillance Technology Vendor Accountability Requirements and to Revise the Annual Surveillance Technology Reporting Schedule

RECOMMENDATION
Adopt the first reading of an Ordinance amending Berkeley Municipal Code Chapter

2.99 to require enforceable violation, sanction, and termination provisions in agreements with surveillance technology vendors; to change the annual Surveillance Technology Report to a calendar-year reporting period due to the City Council at the first regular meeting in March, beginning with a report in March 2027 covering October 1, 2025 through December 31, 2026; and to conform references to the Police Accountability Board.

CURRENT SITUATION AND ITS EFFECTS
On May 7, 2026, the City Council considered the Public Safety Technology item (Item 1a), covering surveillance technology and police equipment approvals, policy updates, and contract authority. The Council adopted supplemental recommendations, including Recommendation 8, to amend Chapter 2.99 to include a violation/termination clause for surveillance technology vendors and to establish enforceable mechanisms to sanction vendors for misuse, unauthorized access, or data security failures. The proposed ordinance carries out that referral.

The proposed ordinance adds a new Section 2.99.085 establishing a baseline for every surveillance technology agreement entered into, renewed or amended after the effective date. Each agreement must define as a material breach any misuse of collected information; any access, use, sale, sharing, or disclosure of that information by the vendor, a subcontractor, or any third party, including any federal, state, or local agency, that the agreement and the applicable Surveillance Use Policy prohibit, including access enabled through a vendor's activation of any feature or setting without the City's prior written approval; and any failure to maintain safeguards protecting that information consistent with prevailing industry standards. Each agreement must further require the vendor to notify the City in writing within 72 hours of discovering a material breach, and

13

must authorize the City to suspend the vendor's data access and use of the technology pending investigation and cure, terminate for cause, require the return or certified destruction of collected information, recover damages, and pursue any other available remedy. The section also directs the City to investigate suspected violations, take interim protective measures, notify the Council of substantiated violations within 30 days, and report all vendor violations and sanctions in the annual Surveillance Technology Report; termination, cancellation, or non-interim suspension of an agreement requires Council approval.

In addition to the referral and as discussed during the same May 7 Council meeting, the proposed ordinance revisions also change the annual reporting schedule in Section

2.99.070. Chapter 2.99 was adopted in March 2018, and Section 2.99.050 required the City Manager to bring forward a Surveillance Acquisition Report and a proposed Surveillance Use Policy for every Surveillance Technology the City already possessed at the first regular Council meeting in November 2018. The recurring November submittal date in Section 2.99.070 was set to that same initial compliance milestone; it does not correspond to a defined reporting period, and the Chapter does not state what period each report must cover. The result is a reporting year that splits across two calendar years and is misaligned with the vendor usage, audit, and cost records underlying the report. The November date is also not ideal because there are only a few days between the close of the period covered and the agenda deadline in which to collect data from departments and vendors, verify it, and prepare the report. The amendment therefore establishes a calendar-year reporting period (January 1 through December 31) with the report due at the first regular Council meeting in March, providing approximately one month after the close of the reporting year for departments and vendors to produce year-end usage, audit, and cost data and for staff to prepare the report, and one month for agenda review and publication. To ensure continuous coverage through the transition, the first report under the new schedule will be submitted in March 2027 and will cover October 1, 2025 through December 31, 2026; no separate report will be due in November 2026.

Finally, the ordinance conforms references in Chapter 2.99 to the Police Accountability Board, which succeeded to the duties of the Police Review Commission in 2020.

BACKGROUND
The City Council adopted the Surveillance Technology Ordinance in 2018 (Ordinance No. 7,592–N.S.), establishing Council approval requirements, Surveillance Acquisition Reports, legally enforceable Surveillance Use Policies, and annual public reporting for all City surveillance technologies. Since the ordinance was adopted, the City’s surveillance technologies have shifted toward vendor-hosted, cloud-based platforms in which the vendor stores and secures the collected data. As a Sanctuary City, Berkeley has a particular interest in preventing unauthorized access to locally collected information by federal immigration authorities and out-of-state agencies. Codifying mandatory vendor accountability terms in Chapter 2.99 ensures that these protections apply uniformly to every surveillance technology vendor and do not depend on the outcome of individual contract negotiations.

FISCAL IMPACTS
There are no direct financial implications associated with this item beyond existing staff time to negotiate the required contract terms at execution, renewal, amendment, or extension, and to prepare the annual Surveillance Technology Report. Enforceable remedies are expected to reduce the City’s financial and legal exposure arising from vendor data incidents. The revised reporting schedule may also produce a modest reduction in costs. Preparing the report under the current schedule concentrates data collection, verification, and drafting into a short window, which has required overtime for sworn and professional staff compiling usage, audit, and cost data. A defined reporting period with a longer interval before the submittal deadline allows this work to be scheduled within regular hours and absorbed into existing workload.

ENVIRONMENTAL SUSTAINABILITY
No environmental impacts have been identified due to the adoption of this ordinance.

CONTACT INFORMATION
Jen Louis, Chief of Police, (510) 981-5700
Arlo Malmberg, Office of Strategic Planning and Accountability, (510) 981-5700

ATTACHMENTS

1. Ordinance

ORDINANCE NO. ##-###N.S.

AMENDMENT TO BMC CHAPTER 2.99 TO ESTABLISH SURVEILLANCE

TECHNOLOGY VENDOR ACCOUNTABILITY REQUIREMENTS AND TO REVISE

THE ANNUAL SURVEILLANCE TECHNOLOGY REPORTING SCHEDULE
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. Findings
A. In 2018, the City Council adopted Ordinance No. 7,592–N.S., enacting Berkeley Municipal Code Chapter 2.99, which requires City Council approval of a Surveillance Acquisition Report and a legally enforceable Surveillance Use Policy prior to the funding, acquisition, or use of Surveillance Technology and requires an annual Surveillance Technology Report. In 2019, the City Council adopted Ordinance No. 7,676–N.S., prohibiting City use of Face Recognition Technology.

B. Chapter 2.99 does not currently require that agreements with Surveillance Technology vendors contain enforceable safeguards, sanctions, or termination rights addressing vendor misuse of collected information, unauthorized access or disclosure, or data security failures.

C. On May 7, 2026, in connection with the Public Safety Technology item (Item 1a), the City Council adopted a recommendation to amend Chapter 2.99 to include a violation/termination clause for surveillance technology vendors and to establish enforceable mechanisms to sanction vendors for misuse, unauthorized access, or data security failures (Recommendation 8).

D. Aligning the annual Surveillance Technology Report with the calendar year, with submission to the City Council at the first regular meeting in March, will define the reporting period in the Municipal Code, align reporting with the calendar-year cadence of vendor usage, audit, and cost data, and provide adequate time following the close of the reporting period for preparation of the report and completion of the agenda process.

A transition provision ensures that no period is omitted from annual reporting.

E. In November 2020, the voters of Berkeley adopted Measure II, adding Section 125 to the City Charter and establishing the Police Accountability Board, which succeeded to the duties of the Police Review Commission. References in Chapter 2.99 are conformed accordingly.

Section 2. That Berkeley Municipal Code Section 2.99.020, subdivision 2, is amended to read as follows:

2. "Surveillance Technology Report" means an annual written report by the City Manager covering all of the City of Berkeley’s Surveillance Technologies that includes all of the following information with regard to each type of Surveillance Technology:

a. Description: A description of all non-privileged and non-confidential information about use of the Surveillance Technology, including but not limited to the quantity of data gathered and sharing of data, if any, with outside entities. If sharing has occurred, the report shall include general, non-privileged and non-confidential information about recipient entities, including the names of the entities and purposes for such sharing;
b. Geographic Deployment: Where applicable, non-privileged and non- confidential information about where the surveillance technology was deployed geographically;
c. Complaints: A summary of each complaint, if any, received by the City about the Surveillance Technology;
d. Audits and Violations: The results of any non-privileged internal audits, any information about violations or potential violations of the Surveillance Use Policy, and any actions taken in response;
e. Data Breaches: Non-privileged and non-confidential information about any data breaches or other unauthorized access to the data collected by the surveillance technology, including information about the scope of the breach and the actions taken in response;
f. Effectiveness: Information that helps the community assess whether the Surveillance Technology has been effective in achieving its identified outcomes; g. Costs: Total annual costs for the Surveillance Technology, including personnel and other ongoing costs.; and,
h. Vendor Compliance: A summary of any violation by a vendor of the agreement provisions required by Section 2.99.085 or of an applicable Surveillance Use Policy. The summary shall include information regarding any misuse of collected information, unauthorized access or disclosure, and data security failures, and a description of any sanctions, remedies, or corrective actions taken in response.

Section 3. That Berkeley Municipal Code Section 2.99.030, subdivision 2, is amended to read as follows:

2. The City Manager must present a Surveillance Use Policy for each Surveillance Technology to the Police Review CommissionAccountability Board, prior to adoption by the City Council. The Police Review CommissionAccountability Board shall also be provided with the corresponding Surveillance Acquisition Report that had been presented to council for that Surveillance Technology. No later than 30 days after receiving a Surveillance Use Policy for review, the Police Review CommissionAccountability Board must vote to recommend approval of the policy, object to the proposal, recommend modifications, or take no action. Neither opposition to approval of such a policy, nor failure by the Police Review CommissionAccountability Board to act, shall prohibit the City Manager from proceeding with its own review and potential adoption.

Section 4. That Berkeley Municipal Code Section 2.99.070 is amended to read as follows:

2.99.070 Oversight Following City Council Approval.

The City Manager must submit to the Council Action Calendar a written Surveillance Technology Report, covering all of the City’s Surveillance Technologies, annually at the first regular Council meeting in NovemberMarch. Each Surveillance Technology Report shall cover the preceding calendar year, January 1 through December 31.

The first Surveillance Technology Report submitted following the effective date of the ordinance amending this Section shall be submitted at the first regular Council meeting in March 2027 and shall cover the period from October 1, 2025 through December 31, 2026, so that no period is omitted from annual reporting as a result of the transition to a calendar-year reporting period.

After review of the Surveillance Technology Report, Council may make modifications to Surveillance Use Policies.

Section 5. That Berkeley Municipal Code Chapter 2.99 is amended to add Section

2.99.085 to read as follows:

2.99.085 Vendor Accountability.

1. Required Contract Provisions. Any agreement between the City and a vendor for the acquisition, lease, use, operation, maintenance, or support of Surveillance Technology, or for the storage, hosting, processing, or analysis of information collected by Surveillance Technology, that is entered into, renewed or amended on or after the effective date of this Section shall include legally enforceable provisions that, at a minimum:
a. Define as a material breach of the agreement each of the following: misuse of information collected by or derived from the Surveillance Technology; any access to, or use, sale, sharing, or disclosure of, such information by the vendor, a subcontractor, or any third party, including any federal, state, or local agency, that the agreement and the applicable Surveillance Use Policy prohibit, including through the enabling or activation of any feature or setting that expands access to such information without the City's prior written approval; and any failure to maintain administrative, technical, or physical safeguards protecting such information against misuse, loss, or unauthorized access or disclosure, consistent with prevailing industry standards;
b. Require the vendor to provide written notice to the City within 72 hours of discovering any material breach described in subparagraph a, including a description of the scope of the incident and the corrective actions taken or proposed; and

c. Authorize the City, upon a material breach described in subparagraph a or a failure to provide the notice required by subparagraph b, to suspend the vendor's access to such information and to suspend use of the Surveillance Technology pending investigation and cure; to terminate the agreement for cause; to require the return or certified destruction of all such information held by the vendor or its subcontractors; to recover damages, including liquidated damages where the agreement so provides; and to pursue any other remedy available under the agreement, at law, or in equity, all such remedies being cumulative.

2. Enforcement. Upon receiving notice of, or otherwise learning of, a suspected violation of any provision required by subdivision 1 of this Section, the City shall promptly investigate; shall take appropriate interim measures to protect collected information and the public, which may include suspension of the vendor’s access to collected information and suspension of use of the Surveillance Technology pending investigation and cure; and shall pursue available contractual remedies as warranted. The City shall provide written notice of any substantiated violation, and of any sanctions, remedies, or corrective actions imposed or pursued, to the City Council within 30 days of substantiation, unless such information is confidential or privileged. Any proposed termination or cancellation of an agreement for Surveillance Technology, or any suspension of such an agreement other than an interim protective measure under this subdivision, shall be presented to the City Council for approval. All vendor violations and any sanctions, remedies, or corrective actions taken shall be summarized in the annual Surveillance Technology Report as provided in Section 2.99.020, subdivision 2, subparagraph h.

3. Existing Agreements. For agreements in effect on the effective date of this Section, the City Manager shall seek to incorporate the provisions required by subdivision 1 of this Section at the earliest practicable opportunity. Nothing in this Section impairs the obligations of any agreement in effect on the effective date of this Section prior to its renewal or amendment.

Section 6. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
September 29, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jennifer Louis, Chief of Police
Subject: Contract No. 31900143 Resolution Amendment: Passport Labs Incorporated for Parking Citation and Permit Management System (CPMS)

RECOMMENDATION
Adopt a Resolution amending Resolution No. 72,068-N.S., to clarify the total contract authority required to execute and operationalize the contract with Passport Labs Inc. for a Parking Citation and Permit Management System. The amendment reflects a total contract authority of $9.3 million for the initial three-year term, from September 1, 2026 through August 31, 2029, with the option to extend the contract for two additional one- year periods, provided that the final extension shall end no later than August 31, 2031.

FISCAL IMPACTS OF RECOMMENDATION
There is no change to the fiscal impact as a result of this amendment. As reported in the original December 2, 2025 item (Resolution No. 72,068-N.S.), the annual fiscal impact to the General Fund is approximately $550,000, allocated in the Police Department budget under expenditure code 011-71-703-812-0000-000-421-612990, totaling $1.7 million over the three-year initial term. The contract is also supported by a contra revenue account that absorbs citation processing, permit, and collection fees, previously projected at $7.6 million over the same three-year period. Both figures were provided to Council in the original item; combined, they total the $9.3 million in contract authority reflected in this amendment.

Resolution No. 72,068-N.S., however, authorized the City Manager to execute the contract only for the $1.7 million General Fund amount and did not include authority to access the associated contra revenue account. This amendment does not request additional funding. It corrects that omission by authorizing the City Manager to execute the contract for the full $9.3 million, allowing the City to access the contra revenue account funding needed to operationalize the contract as originally intended.

Because contra revenue account fees depend on citation and permit volume, payment rates, and delinquent collections, the actual amount absorbed is estimated at $7.6 million over the three-year term but may fluctuate.

14

Contract: Passport Labs Inc. for a Citation and Permit Management System CONSENT CALENDAR September 29, 2026

CURRENT SITUATION AND ITS EFFECTS
The City’s current agreement with Passport Labs, Inc. was extended until August 4, 2027 in order to allow for the award of the new contract for the citation and permit management system. The City released a Request for Proposals (“RFP”) for a new citation and permit management system in anticipation of the expiration of its current contract. The new system is expected to enhance service delivery, improve compliance, and support the City's broader goals for curbside management and customer service.

BACKGROUND
In August 2024, the City hired a parking consulting firm to prepare an RFP for a parking citation and permit management system, including citation issuance devices. RFP No. 25-11708-C was posted on the City’s Bid & Proposal Opportunities website on Tuesday, February 11, 2025, along with other required documentation including a Technical Compliance Matrix, Proposer Pricing Workbook, and a copy of the City’s Sample Agreement. The City received four responses to the RFP and based upon the evaluation criterion, the evaluation committee recommended to award a contract with Passport Labs, Incorporated. Upon approval by the City Council, staff will begin working with Passport on implementation.

ENVIRONMENTAL SUSTAINABILITY
The Parking Citation and Permit system from Passport Labs, Inc. allows the ability for customers to purchase permits and make payments online, which may result in reduced greenhouse gas emissions from customers and residents. The CPMS allows for digital permits and electronic records, which may result in the reduction of paper and other resources. This internet-based platform is utilized by Customer Service-Finance, Police, Public Works-Transportation, 311-IT, and Hearing Officer-CMO.

RATIONALE FOR RECOMMENDATION
Without this contract, the City of Berkeley would not be able to continue the issuance, processing, and collection of parking violations occurring within the City of Berkeley.

This would include the revenue generated for the City of Berkeley in various facets of the parking program.

This contract also assists in support of Council directives to implement parking and enforcement programs in support of the expanded Citywide Residential Preferential Parking (RPP) Program, football and special event parking, and citation payment programs.

Passport’s Citation and Permit Management system will continue to provide the City of Berkeley with mobile handheld ticket issuance, online citation and permit payments, digital permitting, end to end citation processing and collections, and the industry’s most data-driven backend management software.

Contract: Passport Labs Inc. for a Citation and Permit Management System CONSENT CALENDAR September 29, 2026

ALTERNATIVE ACTIONS CONSIDERED
Taking no action would limit the City of Berkeley to entering into a one-year contract under the current not to exceed amount, which would effectively end the existing contract and prevent the City from maintaining the Parking Management Program, thereby jeopardizing the revenue required to support parking operations, including staff costs that rely on this revenue stream.

CONTACT PERSON
Jennifer Louis, Chief of Police, 981-5700
Attachment:

1. Resolution

RESOLUTION NO. ##,###-N.S.

CONTRACT NO. 31900143 RESOLUTION AMENDMENT: PASSPORT LABS, INC.

FOR A CITATION AND PERMIT MANAGEMENT SYSTEM
WHEREAS, the City of Berkeley issued a Request for Proposal for a Citation and Permit Management System; and
WHEREAS, on December 2, 2025 the City Council of the City of Berkeley approved, under Resolution No. 72,068-N.S., the execution of a contract and any necessary amendments with Passport Labs, Incorporated for a three-year initial term with an option for two additional years, and identified a General Fund allocation of $1.7million for the three-year initial term; and
WHEREAS, the December 2, 2025 item also provided that this contract is associated with a contra revenue account that absorbs the citation processing, permit, and collection fees to support this contract, projected to result in $7.6 million dollars of expenses charged against the revenue, for a combined total contract authority of $9.3 million, previously reported to Council; and
WHEREAS, the authorizing language of Resolution No. 72,068-N.S. referenced only the $1.7 million General Fund amount and did not include express authority to access the contra revenue account, resulting in the need to amend the resolution to clarify the total contract authority required to operationalize the contract with Passport Labs, with no change to the fiscal impacts previously disclosed to Council.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager, or designee, is authorized to execute a contract, and any necessary amendments, with Passport Labs, Incorporated for a three-year initial term at a total contract authority of $9.3 million, comprising the $1.7 million General Fund allocation and $7.6 million contra revenue account amount, for the period of September 1, 2026 through August 31, 2029, with the option to extend the contract for up to two additional one-year periods, provided that the final extension shall end no later than August 31, 2031.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
September 29, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jennifer Louis, Chief of Police
Subject: Contract No. 32400003 Amendment for Cooke & Associates Background Investigations

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract amendment with Cooke & Associates, a background investigation services provider for public safety personnel, to increase the contract amount by $350,000 to a total contract of $930,000 expiring on July 31, 2028.

FISCAL IMPACTS OF RECOMMENDATION
Funds for this contract in FY 2027 & FY2028 are allocated in the following budget codes:
 Berkeley Police Department special fund:126-71-702-805-0000-000-421-612990-  Berkeley Fire Department: Measure FF 164-72-742-831-0000-000-422-612990-

CURRENT SITUATION AND ITS EFFECTS
The ability to conduct background investigations quickly and thoroughly is critical for filling vacancies in public safety positions. Delays in hiring lead to extended vacancies, increased workload on current staff, and reduced service capacity. Cooke & Associates has consistently delivered high-quality, efficient investigations that support timely hiring decisions.

Both BPD and BFD continue to experience staffing shortages and face a competitive hiring landscape. The existing contract with Cooke & Associates has enabled both departments to process more applicants, particularly for urgent roles such as police officers, dispatchers, and firefighter/paramedics. This ensures we can identify and select the most qualified candidates.

As the expiration of this contract will mark five years from the original contract award, staff will conduct a competitive Request for Proposal (RFP) process for background investigation services before contract expiration to ensure compliance with the City’s procurement process.

15

Contract No. 32400003 Amendment: Cooke & Associates Background Investigations CONSENT CALENDAR September 29, 2026

This amendment will allow the Berkeley Police Department (BPD) and Berkeley Fire Department (BFD) to continue utilizing Cooke & Associates for timely, thorough, and high-quality background investigations of candidates, and will provide the City Manager with the authority to spend funds as needed under the amended contract to support ongoing public safety hiring needs.

BACKGROUND
Cooke & Associates has been a trusted vendor for the City of Berkeley, providing detailed, timely, and POST-compliant background investigations. They have demonstrated strong communication, flexibility, and responsiveness to department needs, especially during high-volume recruitment periods.

Their services have helped both BPD and BFD avoid delays in academy enrollments and onboarding processes. The proposed amendment will ensure continued support as the Berkeley Police and Fire Departments continue to address ongoing staffing needs and recruit qualified public safety personnel.

ENVIRONMENTAL SUSTAINABILITY
No identifiable environmental effects or opportunities are associated with this report’s subject.

RATIONALE FOR RECOMMENDATION
Cooke & Associates has a proven track record with the City of Berkeley. Their investigative work supports effective public safety hiring by ensuring thorough candidate vetting. The additional funding will support ongoing hiring efforts and help the City meet current and future staffing demands.

ALTERNATIVE ACTIONS CONSIDERED
Relying solely on internal staff for all background investigations would extend hiring timelines and reduce capacity during peak hiring periods. Additionally, current staffing levels would require much of this internal work to be performed on overtime, making outsourcing this work the more fiscally responsible approach.

CONTACT PERSON
Administrative Lieutenant, Berkeley Police Department, 510-981-5970 Attachments:

1. Resolution

RESOLUTION NO. ##,### N.S.

CONTRACT NO. 32400003 AMENDMENT: FOR BACKGROUND INVESTIGATION

SERVICES FOR PUBLIC SAFETY PERSONNEL
WHEREAS, the City of Berkeley continues to face critical public safety staffing needs; and
WHEREAS, timely and comprehensive background investigations are essential to hiring qualified personnel in law enforcement and fire services; and WHEREAS, Cooke & Associates has provided the City of Berkeley with professional and reliable background investigation services that meet POST standards; and WHEREAS, the City’s existing contract and authorized pursuant to Resolution Number. 71,776-N.S. with Cooke & Associates needs to be amended to provide additional funding to support continued services for the Berkeley Police Department and Berkeley Fire Department; and
WHEREAS, funds for this contract amendment have been allocated in the following budget codes:
 Berkeley Police Department special fund: 126-71-702-805-0000-000-421-612990  Berkeley Fire Department: Measure FF 164-72-742-831-0000-000-422-612990 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to execute an amendment to the existing contract with Cooke & Associates for background investigation services, increasing the contract by $350,000, for a total not-to-exceed amount of $930,000 through the previously adopted expiration date of July 31, 2028.

Berkeley Police Department
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
September 29, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen City Manager
Submitted by: Jennifer Louis, Chief of Police
Subject: Grant: Fiscal Year 2027 Alcohol Policing Partnership (APP) Grant

RECOMMENDATION
Adopt a Resolution authorizing the City Manager, to execute a grant contract and any subsequent amendments with the Alcoholic Beverage Control (ABC) in the amount of $97,330 for fiscal year 2027.

FISCAL IMPACTS OF RECOMMENDATION
The City of Berkeley Police Department (BPD) will be the direct recipient of the grant in the amount of $97,330 dollars for fiscal year 2027. The grant will support Berkeley Police Department operations to reduce underage drinking, limit youth access to alcohol, and verify that alcohol-licensed businesses are operating in compliance with the California Business and Professions Code. Grant revenues will be deposited into the Police Department’s One-Time Grant Fund. There is no required local match of funds to obtain the grant.

CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley faces a significant and detrimental issue with underage drinking and alcohol-related disturbances, particularly in areas surrounding the University of California, Berkeley. These issues significantly impact public safety, strain local law enforcement, and disrupt the quality of life for residents, students, and visitors.

One of the most problematic areas is located in the south campus, a popular gathering spot for students and young adults. Throughout 2025 and 2026, BPD has responded to more than 1800 calls for service in the 2400-2600 block of Durant Ave and the 2300-2500 block of Telegraph Ave. These calls include incidents of public intoxication, noise disturbances, fights, intoxicated armed individuals, and vandalism. The frequency of alcohol-related offenses, including DUIs and assaults, highlights the need for proactive enforcement to address these issues.

The consequences of unchecked underage drinking and alcohol-related misconduct extend beyond immediate safety concerns. Excessive alcohol consumption can lead to long-term health issues, impaired academic performance, increased risks of addiction, violent criminal behavior, and risk of physical harm. Community stakeholders, including

16

Revenue Grant: Fiscal Year 2027 Alcoholic Beverage Control APP Grant CONSENT CALENDAR September 29, 2026

residents, business owners, and University officials, have voiced concerns over the impact of alcohol misuse on Berkeley’s reputation as a safe, vibrant, and cultured city.

For businesses that fail to comply with state and local alcohol regulations, BPD will work closely with ABC and the Alameda County District Attorney’s Office to bring those businesses into compliance.

Addressing these challenges requires a comprehensive, data-driven initiative that combines targeted enforcement, education, and community collaboration. Without a coordinated response, Berkeley risks continued strain on public safety resources, reduced quality of life, and long-term social and economic repercussions.

BACKGROUND
The California Alcoholic Beverage Control (ABC) created the Alcohol Police Partnership (APP) grant in 1995. The primary purpose of the grant is to create strong collaboration between ABC and local law enforcement agencies. The goal of the grant is to deliver education and training to officers, businesses and underage people, and use proactive enforcement measures such as business compliance checks and Minor Decoy operations to target businesses that facilitate sales to minors or intoxicated individuals.

Previously, the City of Berkeley received funding from ABC through targeted enforcement grants, most recently in Fiscal Year 2025-26. During these grant periods, Berkeley saw a 13% noncompliance in sales to minors of the businesses visited. Underage alcohol use and public drinking have remained prevalent in Berkeley, even with the ABC grant funding and enhanced enforcement efforts and continue to pose an ongoing challenge for the department.

In two recent ABC APP operations 84 citations/arrests for alcohol related offenses were issued. One of these operations occurred during UC Berkeley's "CAL Day," where throngs of students were openly imbibing, carrying, and sharing gallon jugs of alcohol, many to the point of intoxication. Events similar to “CAL Day” and "Welcome Week" occur several times throughout the year where there are large spikes of underage alcohol consumption, and alcohol-related medical emergencies and disturbances.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental impacts associated with this report

RATIONALE FOR RECOMMENDATION
The BPD has been awarded an Alcoholic Beverage Control (ABC) grant in the amount of $97,330 to support the department’s enforcement of alcohol-related laws including but not limited to underage sales, underage drinking and liquor license compliance checks. Without this funding, BPD would be greatly hindered in the effort to reduce alcohol- related crimes as well as alcohol related injuries and overconsumption.

Revenue Grant: Fiscal Year 2027 Alcoholic Beverage Control APP Grant CONSENT CALENDAR September 29, 2026

ALTERNATIVE ACTIONS CONSIDERED
If the award is not accepted, the City’s enforcement of alcohol related laws would be constrained.

CONTACT PERSON
Jennifer Louis, Chief of Police, 981-5700
Attachments:
1: Resolution

RESOLUTION NO. ##,###-N.S.

GRANT CONTRACT: BERKELEY POLICE DEPARTMENT TO ACCEPT ALCOHOLIC

BEVERAGE CONTROL ALCOHOL POLICING PARTNERHSIP GRANT FOR THE FISCAL YEAR 2027. ALCOHOLIC BEVERAGE CONTROL AWARDED DOLLARS TO

THE BERKELEY POLICE DEPARTMENT TO ENFORCE LAWS PROHIBITING THE

FURNISHING OF ALCOHOL TO MINORS AND POSSESSION OF ALCOHOL BY PERSONS UNDER THE AGE OF 21 AS WELL AS OTHER ALCOHOL RELATED CRIMES.

WHEREAS, the Police Department is committed to providing a safe and secure environment through vigorous law enforcement within the City of Berkeley; and WHEREAS, underage access to alcohol and excessive drinking is currently a problem within the City of Berkeley; and
WHEREAS, there has been a longstanding problem with underage drinking and the availability of alcohol to people under the age of 21 throughout the City; and WHEREAS, the Police Department does not have sufficient resources within the existing budget and staffing constraints to expand their work on these specific issues; and WHEREAS, establishments that sell alcoholic beverages and/or bars can attract criminal activity; and
WHEREAS, the underage minors and the young adult community continue to acquire alcoholic beverages through fake identification, merchants who fail to check identification or asking someone to purchase products for them; and
WHEREAS, the Berkeley Police Department desires to undertake enforcement to limit access to alcoholic beverages by minors funded in part from state funds from Alcoholic Beverage Control (ABC); and
WHEREAS, the funds have been appropriated into the ABC Alcohol Policing Partnership grant find with the understanding that grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager, is hereby authorized to execute a contract and any amendments or extensions with Alcoholic Beverage Control in order to accept funds in the amount of $97,330 from ABC for the enforcement of alcohol related laws for FY 2027.

BE IT FURTHER RESOLVED that any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. Alcoholic Beverage Control disclaims responsibility for any such liability.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
September 29, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jennifer A. Louis, Chief of Police
Subject: Revenue Grant: Cannabis Tax Fund Grant Program (CTFGP) Acceptance

RECOMMENDATION
Adopt a Resolution authorizing the City Manager, or their designee, to accept the Cannabis Tax Fund Grant Program (CTFGP) and execute any resultant revenue agreements and amendments with the California Highway Patrol in the amount of $90,629.70 for the period of July 1, 2026, through June 30, 2027.

FISCAL IMPACTS OF RECOMMENDATION
The total of this project will not exceed $90,629.70. Grant revenues will be deposited into budget code 336-71-703-812-0000-000-000-432110 to offset expenditures. This grant will fund overtime, benefits, training costs, and reduce additional General Fund expenditures.

CURRENT SITUATION AND ITS EFFECTS
Securing CTFGP funding is a Strategic Plan Priority Project that advances the City’s goal to foster a resilient, safe, connected, and prepared community.

The Traffic Bureau at the Berkeley Police Department is currently staffed by two motor officers, one traffic data analyst, a Sergeant, and a Lieutenant. Motor officers are responsible for injury-collision investigations and traffic enforcement; however, their availability is often constrained due to ancillary duties and personnel shortages within the Operations/Patrol Division.

CTFGP funding strengthens the City’s traffic-safety initiatives by enabling both patrol and motor officers to address critical traffic-safety concerns, most notably impaired driving, outside of their regularly scheduled duties. In addition to enhancing impaired-driving enforcement, the grant supports leadership development and specialized training in traffic safety and DUI/impaired-driving enforcement. These improvements bolster the department’s overall mission to promote public safety for all roadway users.

17

Revenue Grant: Cannabis Tax Fund Grant Program Grant
for 2026-2027 CONSENT CALENDAR
September 29, 2026

BACKGROUND
Office of Traffic Safety (OTS) has ranked the City of Berkeley in the top three for the past several years in pedestrian and bicycle related injury collisions when compared to sixty-one other cities with comparable populations. Each year hundreds of people are injured in traffic collisions that occur in the City of Berkeley. Berkeley maintains a high ranking in total fatal and injury collisions, hit and run injury collisions, motorcycle involved collisions, night-time collisions, and speed related collisions. With assistance from the 2025-2026 CTFGP grant we will continue our efforts to reduce the number of citizens injured in collisions whether they choose to walk, drive, bike or ride a motorcycle in our city.

The CTFGP Grant and the City Council’s Vision Zero Program have shared ideologies.

BPD’s participation directly supports two of three of Vision Zero’s tenets. BPD’s efforts directly support Public Awareness Education and Traffic Enforcement. Public Awareness through our social media, departmental messaging, and direct contact with the public (in the field and at community meetings) and data-driven enforcement of primary collision factor offenses in areas where they have the highest probability of occurring.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The City of Berkeley continues to have one of the highest bicycle and pedestrian usage rates in the Alameda County and, as a result, there are many bicyclists and pedestrians sharing the roadway with motorists. This grant will support the City of Berkeley's efforts to promote more sustainable forms of transportation, reducing greenhouse gas emissions-with the goal of reducing traffic injuries and fatalities related to all modes of transportation.

RATIONALE FOR RECOMMENDATION
The Police Department requests this funding be approved to enhance our current mission of providing a safer environment for pedestrians, bicyclists, motorcyclists, and motorists on all City of Berkeley roadways and highways.

ALTERNATIVE ACTIONS CONSIDERED
The California Highway Patrol currently provides grant funding specifically to traffic enforcement and related education. Not accepting this grant funding would require additional overtime expenditures from General Fund resources or could result in a decrease in the overall safety for people in Berkeley.

CONTACT PERSON
Lieutenant Rashawn Cummings, Police Traffic Bureau, (510) 981-5983

RESOLUTION NO. ##,###-N.S.

REVENUE GRANT: CANNABIS TAX FUND GRANT PROGRAM GRANT (CTFGP)

FROM THE CALIFORNIA HIGHWAY PATROL TO FUND STRATEGIES TO REDUCE

THE NUMBER OF INJURIES AND DEATHS RELATED TO TRAFFIC COLLISIONS IN

THE CITY OF BERKELEY
WHEREAS, the Police Department is committed to providing a safe and secure environment through law enforcement within the City of Berkeley; and WHEREAS, the California Highway Patrol (CHP) has made grant funding available to the Police Department to assist them in their mission of increasing traffic safety; and WHEREAS, this grant will provide funding to support efforts to reduce injury and fatal collisions involving pedestrians, bicyclists, motorcyclists, and motorists on all City of Berkeley roadways and highways; and
WHEREAS, grant revenues will be deposited into budget code 336-71-703-812-0000- 000-000-432110, in the DUI Enforcement Education Program Fund.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager, or their designee, is authorized to accept the CTFGP Grant and enter into the resultant grant agreement and any amendments, with the CHP to fund increased levels of impaired driving enforcement in the amount of $90,629.70 for the period of July 1, 2026 to June 30, 2027.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
September 29, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jamie Parks, Director, Public Works
Subject: Alameda County Transportation Commission Comprehensive Investment Program 2028 and One Bay Area Grant 4 Applications

RECOMMENDATION
Adopt Resolutions of local support for Alameda County Transportation Commission Comprehensive Investment Program (CIP) 2028 and One Bay Area Grant (OBAG) 4 grant applications submitted on July 27, 2026, for the Sacramento Crossings Improvement Project and the North and West Berkeley Safe Routes to Schools Project; accept the funds; and execute any resultant agreements and amendments.

SUMMARY
On July 27, 2026, the City submitted applications for two projects to the Alameda County Transportation Commission (ACTC)/Metropolitan Transportation Commission (MTC) OBAG 4 and CIP 2028 grant programs. The Sacramento Crossings Improvement Project and the North and West Berkeley Safe Routes to Schools Project will implement priority bicycle, pedestrian, and transit safety upgrades at various locations, including along high injury streets. The sources of funding for these grant programs include $200 million in combined ACTC and MTC-administered discretionary local, regional, state, and federal funding sources. ACTC and MTC require supporting resolutions from the City Council for each project submitted to each program.

Any agency seeking OBAG 4 funding via MTC must also present a Complete Streets checklist for the project to the agency’s Bicycle and Pedestrian Advisory Committee (BPAC). The City presented the Complete Streets checklist for the Sacramento Crossings Improvement Project to the Transportation and Infrastructure Commission on August 20, 2026. It was Moved / Seconded (Gattu / Budimir) to support the City Manager and Department of Public Works' statement of compliance that the Sacramento Crossings Improvement project meets the Metropolitan Transportation Commission (MTC) Complete Streets Policy (MTC adopted Resolution 4493) for the Metropolitan Transportation Commission's One Bay Area Grant Cycle 4 program, in the Commission’s capacity as the City of BerkeleyBPAC.

Transportation and Infrastructure Commission Vote:

18

Ala CTC CIP 2028 and OBAG 4 Grant Applications CONSENT CALENDAR September 29, 2026

7:31 pm: Vote:

Ayes: Budimir, Fike, Gattu, Leung, Lutzker, Walton, Zaro Noes: None
Abstain: None

Absent: None
Excused: None
Recused: None
7:31 Motion passed 7-0-0-0-0-0

FISCAL IMPACTS OF RECOMMENDATION
If the Sacramento Crossings Improvement Project is awarded this grant, ACTC/MTC will provide up to $10,000,000 to the City’s Capital Grants – Local Fund (Fund 307) for pedestrian, bicycle, transit, and ADA improvements to Sacramento Street from Channing Way to Alcatraz Ave. The program requires applicants to provide at least 25% of the total project cost in matching funds; additional matching funds exceeding the minimum requirement create a more competitive application.

If the North and West Berkeley Safe Routes to Schools Project is awarded CIP 2028 Safe Routes to Schools Capital Grant Pilot funding, ACTC will provide up to $914,025 to the City’s Capital Grants – Local Fund (Fund 307) for pedestrian safety improvements at the school sites included in the scope. This program also requires applicants to provide at least 25% of the total project cost in matching funds. Total matching funds in the amount of $4,286,000 for the Sacramento Crossings Improvement Project and $304,675 for the North and West Berkeley Safe Routes to School Project are available starting in fiscal year 2028 from Measure FF (FUND 166). See summary in table below of the grant capital requests and the total matching funds for each project.

Project: Sacramento Crossings
Improvement Project
North and West Berkeley
Safe Routes to Schools
Project
Grant Capital Request: $10,000,000 $914,025
Total Matching Funds: $4,286,000 $304,675
Total Project Cost: $14,286,000 $1,218,700

Ala CTC CIP 2028 and OBAG 4 Grant Applications CONSENT CALENDAR September 29, 2026

CURRENT SITUATION AND ITS EFFECTS
The Sacramento Crossings Improvement Project and the North and West Berkeley Safe Routes to Schools Project both align with the City’s Strategic Plan Priority, advancing our goal to create a resilient, safe, connected, and prepared city. Both projects make important safety improvements to high injury streets and provide active transportation connections between key community spaces for people of all ages and abilities. These projects will deliver high-impact capital investments, many within equity-priority areas, benefitting transit-dependent and youth populations through new and enhanced signalizations, median diverters, pedestrian bulb outs, pedestrian refuge islands, high visibility crosswalks, and a rectangular rapid flashing beacon (RRFB).

The Sacramento Street Crossings Improvement Project is from Channing Way to Alcatraz Avenue and includes a middle school, two existing bicycle boulevards, a senior health center, and is a priority AC Transit bus route for lines 88 and J. It has been designated as a historically underserved area of Berkeley. It carries over 17,000 vehicles per day and average speeds are over the posted speed limit. This has resulted in 246 injury and fatality collisions in the last 12 years with 47% of severe injury and fatality collisions involving a pedestrian or cyclist. In response to these issues the project will add signalized intersections, median diverters, curb extensions, curb ramps, bus bulbs, and more safety countermeasures.

The North and West Berkeley Safe Routes to Schools Project combines several improvements located near Martin Luther King Jr Middle, Ruth Acty Elementary, Rosa Park Elementary, and Cragmont Elementary. The improvements were sourced from school safety assessments conducted as part of Alameda County’s Safe Routes to School program. These assessments provide safety recommendations for selected schools based on data and walk audits completed by Alameda County program staff, school staff, parent volunteers, and Public Works Department staff. Existing conditions noted during audits include high vehicle speeds, wide vehicle turns, vehicles rolling through stop signs, congestion, loading/unloading in travel lanes and red curbs, and parked vehicles blocking pedestrian/school bus access. In response to these issues the project will construct quick build curb extensions, an RRFB, high visibility crosswalks, updated signs and striping, and more safety countermeasures known to be effective at preventing or reducing unsafe driving behaviors.

BACKGROUND
The Sacramento Crossings Improvement Project comprises safety and transit recommendations from the 2020 Pedestrian Plan, 2023 Transit First Policy Implementation Plan, and 2026 Bicycle Plan. Sacramento is a high injury street identified in the 2020 Vision Zero Action Plan. This project would make the recent pedestrian improvements from Oregon Street to Fairview Street permanent, add new signalized intersections and median diverters at bicycle boulevards, pedestrian bulb- outs, Americans with Disabilities Act (ADA) curb ramps; signalized intersection upgrades including leading pedestrian intervals, protected left-turn phases, countdown

Ala CTC CIP 2028 and OBAG 4 Grant Applications CONSENT CALENDAR September 29, 2026

pedestrian signal heads, accessible pedestrian signals, and signal hardware to support future interconnect; and bus bulb-outs, bus pads, bus benches, and trash cans. These improvements would reduce vehicle turning radii to encourage slower turns, add new signalized bicycle and pedestrian crossings, shorten pedestrian crossing distances, elevate the transit rider experience, and prepare the City for future signal interconnect to support transit and emergency response/evacuation goals.

The North and West Berkeley Safe Routes to Schools Project includes a rectangular rapid flashing beacon (RRFB) at Ada St and Sacramento St, quick build curb extensions, high visibility crosswalks, accessible curb ramps, updated signs, and stop bar/advance yield bar striping. These improvements are recommended countermeasures for the observed issues in the project area. The project is in alignment with the City’s 2020 Vision Zero Action Plan (Resolution no. 69,324-N.S.) by implementing upgrades on several streets identified in the plan as high injury streets, including Rose Street, Sacramento Street, Spruce Street, and Martin Luther King Jr Way. The project acts on public interest and prioritization of needs shown in the 2020 Pedestrian Plan (Resolution no. 69,711-N.S.) and 2026 Bicycle Plan (Resolution no. 72,328-N.S.).

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Increasing walking, biking, and transit use in the City would help the City achieve the Berkeley Climate Action Plan greenhouse gas emission reduction targets of 80% below year 2000 levels by 2050. The Climate Action Plan states that, to meet these targets, “Transportation modes such as public transit, walking and bicycling must become the primary means of fulfilling our mobility needs.”
The Sacramento Crossings Improvement Project encourages cycling by closing gaps in the low-stress bike network of crossing a 4-lane divided roadway. It encourages pedestrian access by shortening crossing distances, improving curb ramps, providing more information about crossing times, and separating both bikes and pedestrians from vehicles. It prioritizes transit by allowing buses to remain in the travel lane when serving bus stops which reduces dwell times and prevents merge delays. These actions all reduce greenhouse gas emissions by encouraging mode shifts away from driving. The North and West Berkeley Safe Routes to Schools Project encourages walking and biking for students and others by providing traffic calming measures that improve pedestrian and cycling safety and comfort. The proposed safety improvements can support environmental sustainability in the area by encouraging more people to walk and use transit.

The improvements proposed by these projects are statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) under Section 21080.25 which exempts the following:

Ala CTC CIP 2028 and OBAG 4 Grant Applications CONSENT CALENDAR September 29, 2026

 Pedestrian and bicycle facilities that improve safety, access, or mobility, including new facilities, within the public right-of-way (Section 21080.25(b)(1)  Transit prioritization projects (Section 21080.25(b)(2) including Transit stop access and safety improvements, including, but not limited to, the installation of bus shelters, lighting, transit bulbs, and the installation of transit boarding landings and islands (Section 21080.25(a)(11)(E)

RATIONALE FOR RECOMMENDATION
Council could opt not to adopt these Resolutions, and the City would forego $10,914,025 in potential Alameda County-administered discretionary funding for these projects. The projects included in the applications are priorities based upon City Council approved transportation plans, and these grant applications leverage our programmed Measure FF funding to increase and accelerate safety improvements on the public right of way.

ALTERNATIVE ACTIONS CONSIDERED
Staff considered a range of projects to submit for these grants before selecting these applications as being competitive and impactful. Staff considered funding these projects from alternative sources, however the ACTC CIP 2028/OBAG 4 and ACTC CIP 2028/SR2S funding programs are ideally suited for these priority projects.

CONTACT PERSON
Wahid Amiri, Deputy Director, Public Works, 510-981-6396 Mark Helmbrecht, Transportation Division Manager, Public Works (510) 981-6403 Eric Anderson, Principal Planner, Public Works, 510-981-7062 Dani Dynes, Associate Planner, Public Works, 510-981-7053 Attachments:
1: Resolution of Local Support for the Sacramento Crossings Improvement Project 2: Resolution authorizing the filing of an application for Alameda County Transportation Commission Administered funding for the Sacramento Crossings Improvement Project 3: Resolution authorizing the filing of an application for Alameda County Transportation Commission Administered funding for the North and West Berkeley Safe Routes to Schools Project

RESOLUTION NO. ##,### N.S.

RESOLUTION OF LOCAL SUPPORT FOR THE SACRAMENTO CROSSINGS

IMPROVEMENT PROJECT

WHEREAS, City of Berkeley (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $10,000,000 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Carbon Reduction Program (CRP) funding, Transportation Alternatives (TA) set-aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the Sacramento Crossings Improvement Project (herein referred to as PROJECT) for the One Bay Area Grant Program Cycle 4 (OBAG 4) (herein referred to as PROGRAM); and

WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149), the Carbon Reduction Program (CRP) (23 U.S.C. § 175), and the Transportation Alternatives (TA) set-aside (23 U.S.C. § 133); and

WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and

WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and

WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and

WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and

September 29, 2026

WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, Berkeley’s Transporation and Infrastructure Commission passed a unanimous resolution in support of the applications on August 20, 2026; and WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following:
 the commitment of any required matching funds; and
 that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and
 that the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and
 the assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and  that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and  that the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM; and
 that APPLICANT has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective County Transportation Agency (CTA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and  in the case of a transit project, the PROJECT will comply with MTC Resolution No. 3866, revised, which sets forth the requirements of MTC’s Transit Coordination Implementation Plan to more efficiently deliver transit projects in the region; and  in the case of a highway project, the PROJECT will comply with MTC Resolution No. 4104, which sets forth MTC’s Traffic Operations System (TOS) Policy to install and activate TOS elements on new major freeway projects; and  in the case of an RTIP project, state law requires PROJECT be included in a local congestion management plan, or be consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the County Transportation Agency (CTA); and

WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and

September 29, 2026

WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and

WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and

WHEREAS, APPLICANT authorizes its Executive Director, City Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and

WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the application.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under the FEDERAL TRANSPORTATION ACT or continued funding.

BE IT FURTHER RESOLVED that APPLICANT will provide any required matching funds; and

BE IT FURTHER RESOLVED that APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING; and

BE IT FURTHER RESOLVED that APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation and transit projects, and has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective County Transportation Agency (CTA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC- funded transportation and transit projects implemented by APPLICANT; and

BE IT FURTHER RESOLVED that PROJECT will be implemented as described in the complete application and in this resolution, subject to environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP; and

September 29, 2026

BE IT FURTHER RESOLVED that APPLICANT has reviewed the PROJECT and has adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and

BE IT FURTHER RESOLVED that PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM; and

BE IT FURTHER RESOLVED that, in the case of a transit project, APPLICANT agrees to comply with the requirements of MTC’s Transit Coordination Implementation Plan as set forth in MTC Resolution No. 3866, revised; and

BE IT FURTHER RESOLVED that, in the case of a highway project, APPLICANT agrees to comply with the requirements of MTC’s Traffic Operations System (TOS) Policy as set forth in MTC Resolution No. 4104; and

BE IT FURTHER RESOLVED that, in the case of an RTIP project, PROJECT is included in a local congestion management plan, or is consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the County Transportation Agency (CTA); and

BE IT FURTHER RESOLVED that APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and

BE IT FURTHER RESOLVED that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and

BE IT FURTHER RESOLVED that there is no legal impediment to APPLICANT making applications for the funds; and

BE IT FURTHER RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and

BE IT FURTHER RESOLVED that APPLICANT authorizes its Executive Director, General Manager, City Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution, accept the funds, and execute any resultant agreements and amendments; and

BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and

September 29, 2026

BE IT FURTHER RESOLVED that the MTC is requested to support the application for the PROJECT described in the resolution, and if approved, to include the PROJECT in MTC's federal TIP upon submittal by the project sponsor for TIP programming.

September 29, 2026

RESOLUTION NO. ##,###‑N.S.

AUTHORIZING THE FILING OF AN APPLICATION FOR ALAMEDA COUNTY

TRANSPORTATION COMMISSION ADMINISTERED FUNDING FOR THE

SACRAMENTO CROSSINGS IMPROVEMENT PROJECT

WHEREAS, the Alameda County Transportation Commission (“ALAMEDA CTC”) administers funding programs for projects and programs that benefit the Alameda County transportation system, consisting of 2000 Measure B, 2010 Vehicle Registration Fee (“VRF”), 2014 Measure BB, I-580 Toll Revenues, Congestion Management Agency Transportation Improvement Program (CMA-TIP), and Transportation Fund for Clean Air Programs, and such funding is collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”; and

WHEREAS, the ALAMEDA CTC adopted 2028 Comprehensive Investment Plan (“CIP”) Guidelines at its Commission meeting on May 28, 2026 which includes procedures governing the 2028 CIP application process, programming guidelines, and eligible uses of ALAMEDA CTC ADMINISTERED FUNDS; and

WHEREAS, City of Berkeley (“APPLICANT”) is the project sponsor for Sacramento Crossings Improvement Project (“PROJECT”); and

WHEREAS, the PROJECT will implement new signalized intersections and median diverters at bicycle boulevards; permanent pedestrian refuge areas, pedestrian bulb- outs, Americans with Disabilities Act (ADA) curb ramps; signalized intersection upgrades including leading pedestrian intervals, protected left-turn phases, countdown pedestrian signal heads, accessible pedestrian signals, and signal hardware to support future interconnect; bus bulb-outs, bus pads, bus benches, and trash cans to Sacramento Street from Channing Way to Alcatraz Avenue; and

WHEREAS, as the Project Sponsor, APPLICANT has the legal authority to apply for funding for PROJECT and plans to submit a 2028 CIP application (“APPLICATION”) to ALAMEDA CTC for $10,000,000; and

WHEREAS, there are no legal impediments to APPLICANT applying for funding and there is no active, pending or threatened litigation that may adversely affect the proposed PROJECT or the ability of APPLICANT to deliver such PROJECT; and

WHEREAS, APPLICANT authorizes its City Manager or designee to execute and file an application with ALAMEDA CTC for discretionary ALAMEDA CTC ADMINISTERED FUNDS for the PROJECT as referenced in this Resolution; and

September 29, 2026

WHEREAS, as part of the requirements to apply and receive ALAMEDA CTC ADMINISTERED FUNDS, ALAMEDA CTC requires a resolution adopted by the responsible implementing agency stating the following:

1. APPLICANT will implement the PROJECT as described in the APPLICATION; and

2. APPLICANT will have adequate staffing resources to deliver and complete the PROJECT within the time period identified in the APPLICATION; and

3. APPLICANT understands it will enter into a Project Funding Agreement (“AGREEMENT”) with ALAMEDA CTC, and will comply with the AGREEMENT’s requirements, including adherence to the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and

4. APPLICANT is committed to deliver the PROJECT consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the PROJECT; and

5. APPLICANT is committed to secure matching funds as proposed in the APPLICATION required for awarded ALAMEDA CTC ADMINISTERED FUNDS, by phase; and

6. APPLICANT is committed to provide any additional funding that may be required beyond the original proposed APPLICATION match amount to deliver the phase of the PROJECT that is awarded with ALAMEDA CTC ADMINISTERED FUNDS; and

7. APPLICANT understands that ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT is limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional ALAMEDA CTC ADMINISTERED FUNDS; and

8. APPLICANT understands that any cost savings in the ALAMEDA CTC-funded phase(s) will be shared proportionally between APPLICANT and ALAMEDA CTC; and

9. APPLICANT is committed to comply with the applicable requirements set forth in ALAMEDA CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to ALAMEDA CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that that APPLICANT is authorized to file an APPLICATION to ALAMEDA CTC for funding for the PROJECT; and

BE IT FURTHER RESOLVED that APPLICANT hereby confirms that there is no pending or threatened litigation that might in any way adversely affect APPLICANT’s ability to implement and deliver the proposed PROJECT; and

September 29, 2026

BE IT FURTHER RESOLVED that APPLICANT authorizes its City Manager or designee to execute the funding AGREEMENT with ALAMEDA CTC and all subsequent amendments; and

BE IT FURTHER RESOLVED that APPLICANT shall provide ALAMEDA CTC with a fully-executed copy of this Resolution concurrently with submittal of the APPLICATION; and

BE IT FURTHER RESOLVED that the City Council of APPLICANT, by adopting this resolution, hereby confirms that:

1. APPLICANT will commit to implementing the PROJECT as described in the APPLICATION; and

2. APPLICANT will have adequate staffing resources to deliver and complete the PROJECT within the time period identified in the application; and

3. APPLICANT understands it will enter into an AGREEMENT with ALAMEDA CTC, and will comply with the AGREEMENT ’s requirements, including adherence to the completion of the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and

4. APPLICANT commits to delivering the PROJECT consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the PROJECT; and

5. APPLICANT will commit matching funds as proposed in the APPLICATION against the awarded ALAMEDA CTC ADMINISTERED FUNDS by phase in the amount(s) of $198,000 for Scoping/Environmental/PE Phase, $302,000 for Design (PSE), and $3,786,000 for construction, anticipated to be from local Measure FF Funds source(s); and

6. APPLICANT will provide any additional funding that may be required beyond the original proposed APPLICATION match amount to deliver the phase of the PROJECT that is awarded with ALAMEDA CTC ADMINISTERED FUNDS; and

7. APPLICANT understands that ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT are limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional ALAMEDA CTC ADMINISTERED FUNDS; and

8. APPLICANT understands that any cost savings in the ALAMEDA CTC-funded phase(s) will be shared proportionally between APPLICANT and ALAMEDA CTC; and APPLICANT will comply with the applicable requirements set forth in ALAMEDA CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to ALAMEDA CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.

September 29, 2026

Duly passed and adopted by the Berkeley City Council at the Berkeley City Council meeting held on Tuesday, September 29, 2026 in Berkeley, California by the following votes:

AYES: NOES: ABSTAIN: ABSENT:

SIGNED:

_______________________________
Adena Ishii, Mayor

ATTEST:

______________________________
Rose Thomsen, Deputy City Clerk

September 29, 2026

RESOLUTION NO. ##,###‑N.S.

AUTHORIZING THE FILING OF AN APPLICATION FOR ALAMEDA COUNTY

TRANSPORTATION COMMISSION ADMINISTERED FUNDING FOR THE NORTH

AND WEST BERKELEY SAFE ROUTES TO SCHOOLS PROJECT

WHEREAS, the Alameda County Transportation Commission (“ALAMEDA CTC”) administers funding programs for projects and programs that benefit the Alameda County transportation system, consisting of 2000 Measure B, 2010 Vehicle Registration Fee (“VRF”), 2014 Measure BB, I-580 Toll Revenues, Congestion Management Agency Transportation Improvement Program (CMA-TIP), and Transportation Fund for Clean Air Programs, and such funding is collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”; and

WHEREAS, the ALAMEDA CTC adopted 2028 Comprehensive Investment Plan (“CIP”) Guidelines at its Commission meeting on May 28, 2026 which includes procedures governing the 2028 CIP application process, programming guidelines, and eligible uses of ALAMEDA CTC ADMINISTERED FUNDS; and

WHEREAS, City of Berkeley (“APPLICANT”) is the project sponsor for North and West Berkeley Safe Routes to Schools Project (“PROJECT”); and

WHEREAS, the PROJECT will implement major traffic safety improvements Martin Luther King Jr Middle, Rosa Parks Elementary, Ruth Acty Elementary, and Cragmont Elementary, including traffic calming and pedestrian crossing safety measures such as quick build curb extensions, a rectangular rapid flashing beacon, and high visibility crosswalks; and

WHEREAS, as the Project Sponsor, APPLICANT has the legal authority to apply for funding for PROJECT and plans to submit a 2028 CIP application (“APPLICATION”) to ALAMEDA CTC for $914,025; and

WHEREAS, there are no legal impediments to APPLICANT applying for funding and there is no active, pending or threatened litigation that may adversely affect the proposed PROJECT or the ability of APPLICANT to deliver such PROJECT; and

WHEREAS, APPLICANT authorizes its CITY MANAGER or designee to execute and file an application with ALAMEDA CTC for discretionary ALAMEDA CTC ADMINISTERED FUNDS for the PROJECT as referenced in this Resolution; and

WHEREAS, as part of the requirements to apply and receive ALAMEDA CTC ADMINISTERED FUNDS, ALAMEDA CTC requires a resolution adopted by the responsible implementing agency stating the following:

September 29, 2026

 APPLICANT will implement the PROJECT as described in the APPLICATION; and  APPLICANT will have adequate staffing resources to deliver and complete the PROJECT within the time period identified in the APPLICATION; and  APPLICANT understands it will enter into a Project Funding Agreement (“AGREEMENT”) with ALAMEDA CTC, and will comply with the AGREEMENT ’s requirements, including adherence to the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and  APPLICANT is committed to deliver the PROJECT consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the PROJECT; and
 APPLICANT is committed to secure matching funds as proposed in the APPLICATION required for awarded ALAMEDA CTC ADMINISTERED FUNDS, by phase; and  APPLICANT is committed to provide any additional funding that may be required beyond the original proposed APPLICATION match amount to deliver the phase of the PROJECT that is awarded with ALAMEDA CTC ADMINISTERED FUNDS; and  APPLICANT understands that ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT is limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional ALAMEDA CTC ADMINISTERED FUNDS; and
 APPLICANT understands that any cost savings in the ALAMEDA CTC-funded phase(s) will be shared proportionally between APPLICANT and ALAMEDA CTC; and  APPLICANT is committed to comply with the applicable requirements set forth in ALAMEDA CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to ALAMEDA CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that APPLICANT is authorized to file an APPLICATION to ALAMEDA CTC for funding for the PROJECT; and

BE IT FURTHER RESOLVED that APPLICANT hereby confirms that there is no pending or threatened litigation that might in any way adversely affect APPLICANT’s ability to implement and deliver the proposed PROJECT; and

BE IT FURTHER RESOLVED that APPLICANT authorizes its City Manager or designee to execute the funding AGREEMENT with ALAMEDA CTC and all subsequent amendments; and

September 29, 2026

BE IT FURTHER RESOLVED that APPLICANT shall provide ALAMEDA CTC with a fully-executed copy of this Resolution concurrently with submittal of the APPLICATION; and

BE IT FURTHER RESOLVED that the City Council of APPLICANT, by adopting this resolution, hereby confirms that:

1. APPLICANT will commit to implementing the PROJECT as described in the APPLICATION; and

2. APPLICANT will have adequate staffing resources to deliver and complete the PROJECT within the time period identified in the application; and

3. APPLICANT understands it will enter into an AGREEMENT with ALAMEDA CTC, and will comply with the AGREEMENT ’s requirements, including adherence to the completion of the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and

4. APPLICANT commits to delivering the PROJECT consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the PROJECT; and

5. APPLICANT will commit matching funds as proposed in the APPLICATION against the awarded ALAMEDA CTC ADMINISTERED FUNDS by phase in the amounts of $40,725 (ENV/PE), $ 93,075 (Design/PSE), and $780,225 (CON) anticipated to be from local Measure FF Fund source(s); and

6. APPLICANT will provide any additional funding that may be required beyond the original proposed APPLICATION match amount to deliver the phase of the PROJECT that is awarded with ALAMEDA CTC ADMINISTERED FUNDS; and

7. APPLICANT understands that ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT are limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional ALAMEDA CTC ADMINISTERED FUNDS; and

8. APPLICANT understands that any cost savings in the ALAMEDA CTC-funded phase(s) will be shared proportionally between APPLICANT and ALAMEDA CTC; and

9. APPLICANT will comply with the applicable requirements set forth in ALAMEDA CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to ALAMEDA CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.

Duly passed and adopted by the Berkeley City Council at the Berkeley City Council meeting held on Tuesday, September 29, 2026 in Berkeley, California by the following votes:

September 29, 2026

AYES: NOES: ABSTAIN: ABSENT:

SIGNED:

_______________________________
Adena Ishii, Mayor

ATTEST:

______________________________
Rose Thomsen, Deputy City Clerk

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
September 29, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jamie Parks, Director, Public Works
Subject: Contract No. 32600193 Amendment: Bay Construction Co. for Transfer Station Aboveground Storage Tank Specification No. 25-11733-C

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 32600193 with Bay Construction Co. for the Transfer Station Aboveground Storage Tank Project, increasing the contract amount by $110,964.00 for a revised total amount not to exceed $765,600.00, for the contract term beginning June 23, 2026, through December 30, 2026.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this project is available in the Fiscal Year 2027 budget in Zero Waste Fund 601 consistent with the funding source identified in the original Council report for this project. The $110,964.00 requested for this amendment is within the approved project budget. It is being requested to match the intended Not to Exceed (NTE) recommendation.

Council Approved Amounts per resolution 72,278-N.S.

Original Approved NTE…………………………….……………. $545,530.00
Original Contingency……………………………………………...$109,106.00
Original (NTE) $654,636.00
This Amendment………………………………………….…….…$110,964.00
Amended Contract Amount (NTE) $765,600.00

CURRENT SITUATION AND ITS EFFECTS
The original resolution NTE did not provide enough funds to honor the intended NTE allocation of $765,600.00. This is due to a clerical error in the text of the resolution; the body of the accompanying council report contained the intended NTE value of $765,600.00.

19

Contract No. 32600193 Amendment: Bay Construction Co. for CONSENT CALENDAR Transfer Station Aboveground Storage Tank Specification No. 25-11733-C September 29, 2026

This project does not meet the criteria in Government Code Section 3504.1 and is exempt from the noticing requirement.

BACKGROUND
Refer to Resolution No. 72,278-N.S. Contract: Bay Construction Co. For Transfer Station Aboveground Storage Tank; 1201 Second Street
On May 19, 2026, council authorized Resolution 72,278-N.S. to fund construction, but due to a clerical error, the amount authorized is short of the intended NTE allocation.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This project will address the City’s sustainability and climate goals by reducing the risk of tank leaks into the surrounding soil/groundwater. There are no anticipated negative environmental effects of this action.

RATIONALE FOR RECOMMENDATION
Contracted services are required for this project as the City does not have the in-house expertise to complete this specialized work. The City maintains an on-site diesel fueling source to ensure reliable fuel access for public works vehicles. During emergencies or supply disruptions, a municipal fuel depot helps guarantee that critical operations can continue. A centralized fueling facility improves operational efficiency by allowing municipal vehicles to refuel quickly at a dedicated location, and gives the City more control over fuel inventory, usage tracking, and compliance for storage and environmental regulations.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Wahid Amiri, Deputy Director, Department of Public Works (510) 981-6396 Priya Chopra, Associate Civil Engineer, Department of Public Works (510) 981-6338 Attachments:
1: Resolution
2: Resolution No. 71,949-N.S. Contract: Bayview Industrial Services, Inc. For removal of Transfer Station Underground Storage Tanks, 1201 Second Street 3: Resolution No. 72,278-N.S. Contract: Bay Construction Co. For Transfer Station Aboveground Storage Tank; 1201 Second Street
4: Contract: Bay Construction Co. for Transfer Station Aboveground Storage Tank

RESOLUTION NO. ##,###‑N.S.

CONTRACT NO. 32600193 AMENDMENT: BAY CONSTRUCTION CO. FOR TRANSFER STATION ABOVEGROUND STORAGE TANK; 1201 SECOND STREET

WHEREAS, to meet the California Water Resources Control Board requirements, the City removed two single-walled 10,000-gallon underground diesel storage tanks (USTs), associated piping, and fueling equipment at the Transfer Station prior to December 2025 per Resolution No. 71,949-N.S.; and

WHEREAS, City is installing one 10,000-gallon aboveground storage tank at the Transfer Station per Plans and Specifications; and

WHEREAS, funding in the amount of $110,964.00 is available in the FY 2027 budget in Zero Waste Fund 601; and
WHEREAS Council authorized Resolution No. 72,248-N.S. to construct this project; and WHEREAS The Not to Exceed (NTE) amount authorized in Resolution 72,248-N.S. is insufficient to cover a sufficient project contingency and; WHEREAS, an increase of $110,964.00 to the NTE contract amount is required to match the intended NTE allocation.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to the contract with Bay Construction Co. for the Transfer Station Aboveground Storage Tank Project, increasing the contract amount by $110,964.00 for a revised total amount not to exceed $765,600.00, for the contract term beginning June 23, 2026, through December 30, 2026.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
May 19, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Wahid Amiri, Interim Director, Public Works Department Subject: Contract: Bay Construction Co. for Transfer Station Aboveground Storage Tank

RECOMMENDATION
Adopt a Resolution:

1. Approving plans and specifications for Transfer Station Aboveground Storage Tank (Project), Specification No. 25-11733-C; and

2. Accepting the bid of Bay Construction Co. as the lowest, responsive and responsible bidder; and

3. Authorizing the City Manager to execute a contract and any amendments, extensions, or change orders until the Project is completed in accordance with the approved plans and specifications for an amount not to exceed $654,636.00, which includes a contingency of $109,106.00.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this project is available in the Fiscal Year 2026 budget in Zero Waste Fund.

Low bid by Bay Construction Co.... .......................................... $638,000.00 20% Contingency $127,600.00
Total Construction Cost NTE $765,600.00
Fiscal Year 2026 Funding:

Zero Waste Fund …………………………… $765,600.00

CURRENT SITUATION AND ITS EFFECTS
The Project was advertised for bids on March 17, 2026, and bids were opened on April 7, 2026. The City received three bids ranging from $545,530.00 to $758,665.84. The lowest bidder was determined to be non-responsive. The lowest, responsive and responsible bidder was determined to be Bay Construction Co. Staff recommends that a construction contract for the Project be awarded to Bay Construction Co.

Contract: Bay Construction Co. for Transfer Station Aboveground Storage Tank CONSENT CALENDAR May 19, 2026

Since its construction, the Transfer Station has maintained an onsite diesel fueling source for City vehicles. As a result of California state mandate, SB 445, the existing underground diesel storage tanks were removed in November 2025. Currently the Transfer Station does not have an onsite diesel fueling source and is utilizing mobile fueling. This project will reestablish the Transfer Station’s onsite fueling source by installing a new aboveground diesel storage tank.

The Project advances the Strategic Plan goal to provide state-of-the-art, well- maintained infrastructure, amenities, and facilities.

Effective January 1, 2026, local agencies are required to satisfy noticing requirements for certain contracts for services that meet the criteria outlined in Government Code Section 3204.1 as amended by AB 339. This project does not meet the criteria in Government Code Section 3504.1 and is exempt from the noticing requirement.

BACKGROUND
The Transfer Station was constructed and began operation in 1983. It replaced the previous City landfill and has since served as the City's primary location for solid waste transfer and recycling operations. Effective September 25, 2014, SB 445 (Stats. 204, Ch. 547) required permanent closure of single-walled underground storage tanks (USTs) by December 31, 2025. The State Water Resources Control Board administers the CA Health & Safety Code and Code of Regulations sections concerning USTs, and penalties for non-compliance include fines of up to $5,000 per day per UST.

On September 9, 2025, Council approved plans and specifications and authorized the City Manager to enter into a construction contract with Bayview Industrial Services, Inc for removal of two USTs per Resolution No. 71,949 N.S. Two 10,000 gallon, single- walled underground diesel storage tanks on site were removed prior to the December 31, 2025, deadline.

Public Works engaged the services of an architectural consultant, structural engineer, and environmental consultant in 2024, to create the bid documents to replace those underground tanks with one aboveground tank.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This project will address the City’s sustainability and climate goals by reducing the risk of tank leaks into the surrounding soil/groundwater. There are no anticipated negative environmental effects of this action.

RATIONALE FOR RECOMMENDATION
Contracted services are required for this project as the City does not have the in-house expertise to complete this specialized work. The City maintains an on-site diesel fueling source to ensure reliable fuel access for public works vehicles. During emergencies or supply disruptions, a municipal fuel depot helps guarantee that critical operations can

Contract: Bay Construction Co. for Transfer Station Aboveground Storage Tank CONSENT CALENDAR May 19, 2026

continue. A centralized fueling facility improves operational efficiency by allowing municipal vehicles to refuel quickly at a dedicated location, and gives the City more control over fuel inventory, usage tracking, and compliance for storage and environmental regulations.

ALTERNATIVE ACTIONS CONSIDERED
None. The City may choose not to proceed with installing the Aboveground Storage Tank at the Transfer Station. However, this would leave the Transfer Station without a consistent and reliable fueling source for essential operations and function. The Transfer Station would continue to rely on mobile funding, which adds a recurring expenditure to the Zero Waste Budget, and adds additional staff time procuring vendors and managing mobile fueling locations.

CONTACT PERSON
Priya Chopra, Associate Civil Engineer, Department of Public Works (510) 981-6338 Wahid Amiri, Interim Director, Public Works (510) 981-6396 Attachments:
1: Resolution
2: Bid Abstract

RESOLUTION NO. ##,###‑N.S.

CONTRACT: BAY CONSTRUCTION CO. FOR TRANSFER STATION
ABOVEGROUND STORAGE TANK; 1201 SECOND STREET

WHEREAS, to meet the California Water Resources Control Board requirements, the City removed two single-walled 10,000-gallon underground diesel storage tanks (USTs), associated piping, and fueling equipment at the Transfer Station prior to December 2025 per Resolution No. 71,949-N.S ; and

WHEREAS, the City will be installing one 10,000 gallon aboveground storage tank at the Transfer Station per Plans and Specifications; and

WHEREAS, the City has neither the labor nor the equipment necessary to undertake this project; and

WHEREAS, an invitation for bids (Plans and Specifications No. 25-11733-C) were duly advertised, and Bay Construction Co. was determined to be the lowest responsive and responsible bidder; and

WHEREAS, funds are available in the FY 2026 budget in the Zero Waste Fund; and

WHEREAS, this contract is exempt from the noticing requirements set forth in Government Code Section 3504.1.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Plans and Specifications for Transfer Station Aboveground Storage Tank Project are approved.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley accepts the bid of Bay Construction Co. as the lowest responsive and responsible bidder.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley authorizes the City Manager, or designee, to execute a contract and any amendments, extensions or change orders, until completion of the project in accordance with the approved plans and specifications with Bay Construction Co. for the Transfer Station Aboveground Storage Tank in an amount not to exceed $765,000 which includes a contingency in the amount of $127,600.00. A record signature copy of the agreement and any amendments will be on file in the Office of the City Clerk.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
September 29, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jamie Parks, Director, Public Works
Subject: Contract: IDAX Traffic Data, LLC for On-call Traffic Survey Consulting Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with IDAX Traffic Data, LLC, for on-call traffic survey consulting services for an initial three-year period in the amount not to exceed $240,000, with an option of up to two, one-year extensions.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this on-call contract will be identified and expended only for actual data collection services required. Therefore, funding will be subject to appropriation in the specific fiscal year (covered in the contract term) in which the services are needed.

Initial funding is available in the FY 2027 budget from the Capital Improvement Fund (Fund 501) for the on-call traffic survey consulting service. Additional funding sources may be requested for appropriation as projects arise. The total not-to-exceed contract amount is $240,000.

CURRENT SITUATION AND ITS EFFECTS
The Public Works Department issued a Request for Proposals (RFP), Specification No. 1 26-11789-C, on May 5, 2026. The City posted online for six weeks, answered submitted questions, and sent e-mail invitations to several traffic survey consulting firms. Five proposals were received (IDAX Traffic Data Inc., Metro Traffic Data, Inc., National Data & Surveying Services, Inc. (NDS), Quality Counts, LLC (QC), and Traffic Data Service LLC) on June 16, 2026, meeting all requirements and specifications. After evaluating all proposals, the highest score was awarded to IDAX Traffic Data, LLC. The selection criteria established in the RFP were:
 Project Approach
 Expertise & References
 Costs
 Related Experience of Personnel
 Resource Capability

20

Contract - IDAX for On-call Traffic Survey Consulting CONSENT CALENDAR September 29, 2026

Currently, the City does not maintain in-house traffic data-collection capabilities and the City relies on on-call consulting vendors to perform this work. The most recent on-call contract, with National Data and Surveying Services (NDS) Inc., expired on May 14, 2026.

On-call traffic survey consulting services are critical to maintaining continuity of transportation engineering operations and ensuring the City can respond to traffic safety concerns, community requests, and Capital Improvement Project-related transportation data collection needs.

Effective January 1, 2026, local agencies are required to satisfy noticing requirements for certain contracts for services that meet the criteria outlined in Government Code Section 3504.1 as amended by AB 339. This project does not meet the criteria in Government Code Section 3504.1 and is exempt from the noticing requirement.

On-call Traffic Survey Consulting Services advances the Strategic Plan goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
The City has consistently hired outside firms to conduct transportation surveys due to insufficient staff resources and a lack of necessary data-collection equipment. Requests for traffic surveys occur intermittently throughout the year and vary seasonally depending on project phases, community inquiries, and operational needs. While the timing and volume of requests are sporadic, the demand for these services is ongoing and largely driven by public requests and project needs.

This contract enables the Public Works department to be a community-focused organization that provides excellent, timely transportation safety improvements. This data is routinely used to support traffic calming evaluations, intersection control assessments, and other transportation engineering analyses. Without an active on-call consultant contract, the City’s ability to respond to community concerns, complete traffic analyses, and advance Capital Improvement Project-related transportation projects would be significantly impacted.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Selection of this consultant is consistent with the City’s efforts to improve the efficiency of the movement of people and goods throughout the City’s roadway network. Data collected through the on-call contract informs decisions that make the City a more pedestrian, bicycle, and transit friendly community, thus working to reduce greenhouse gases and pollutants that impact air quality.

RATIONALE FOR RECOMMENDATION
The factors considered during the selection process included project approach, expertise, references, costs, personnel experience, resource capability, and conformance with the RFP requirements.

Contract - IDAX for On-call Traffic Survey Consulting CONSENT CALENDAR September 29, 2026

The selection committee conducted an independent review and assessment of the five submitted proposals and used the agreed upon scoring criteria to evaluate the proposals.

The submitted score sheets were independently assessed, and those scores determined that IDAX Traffic Data, LLC was the highest-ranked respondent.

ALTERNATIVE ACTIONS CONSIDERED
There are insufficient in-house staff resources for the City to conduct the required data collection. The City also lacks the equipment necessary to perform traffic speed surveys, volume counts, and other traffic engineering data collection.

CONTACT PERSON
Mark Helmbrecht, Transportation Manager, Public Works, 510-981-6403 Areli Balderrama, Associate Planner, Public Works, 510-981-5214 Attachments:
1: Resolution

2. Signed Bid Abstract

RESOLUTION NO. ##,### - N.S.

CONTRACT: IDAX TRAFFIC DATA, LLC FOR ON-CALL TRAFFIC SURVEY

CONSULTING SERVICES

WHEREAS, outside traffic data collection services are needed for speed surveys, and volume counts are essential to traffic engineering for evaluating streets and intersections for designing traffic control devices and traffic calming measures; and

WHEREAS, a Request for Proposals (Specification No. 26-11789-C) was issued, and IDAX Traffic Data, LLC was selected from five respondents as the most qualified; and

WHEREAS, initial funding is available in the FY 2027 budget in the Capital Improvement Fund 501 and additional funding will be subject to appropriation in the specific fiscal year (covered in the contract term) in which the data collection services services are needed; and

WHEREAS, this contract is exempt from the noticing requirements set forth in Government Code Section 3504.1; and

WHEREAS, the City lacks both human resources and the equipment necessary to carry out all the traffic studies the vendor can provide; and WHEREAS, the Public Works Department Transportation Division must conduct studies that require these services in order to proceed with crucial transportation tasks.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract with any amendments with IDAX Traffic Data, LLC for On-call Traffic Survey Consulting Services in an amount not to exceed $240,000 for a three-year term of with an option to make two one-year extensions.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
September 29, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jamie Parks, Director, Public Works
Subject: Contract: One Workplace Construction LLC dba Vantis for 1947 Center St.

Window Replacement Project

RECOMMENDATION
Adopt a Resolution:

1. Approving plans and specification for 1947 Center St. Window Replacement Project (Specification No. 26-11762-C); and

2. Accepting the bid of One Workplace Construction LLC dba Vantis as the lowest responsive and responsible bidder; and

3. Authorizing the City Manager to execute a contract and any amendments, extensions, or change orders until the Project is completed in accordance with the approved plans and specifications for an amount Not To Exceed (NTE) $1,764,620.00, including a contingency of $294,100.00, for the term of November 1, 2026, to September 31, 2031.

SUMMARY
The 1947 Center Street Window Project is a Capital Improvement Project (CIP) for which the City received five bids, with One Workplace Construction LLC dba Vantis (Vantis) submitting the lowest base bid of $1,162,000. Shortly thereafter, Mark Lee and Yong Kay Inc. dba Bay Construction Co. (Bay) submitted a bid protest challenging Vantis’ responsiveness and responsibility. City staff, with the support of the City Attorney’s Office, reviewed the protest, Vantis’ response, and the bid documents, and City staff determined that none of the claims provided sufficient grounds to reject Vantis’ bid.

Following this review, Vantis was determined to be the lowest responsive and responsible bidder. Staff therefore recommend awarding the construction contract to Vantis for a total construction cost not to exceed (NTE) $1,764,600, including the selected bid alternates and a 20% contingency.

21

Contract: One Workplace Construction LLC dba Vantis CONSENT CALENDAR for 1947 Center St. Window Replacement Project September 29, 2026

FISCAL IMPACTS OF RECOMMENDATION
Funding for this project is available in the Fiscal Year 2027 budget in the Capital Improvement Fund 501 and Measure T1 Fund 511.

Low bid by One Workplace dba Vantis (base Bid)……….…$1,162,000.00 Additive Alternate #1: 5th Floor South Elevation….…………...$208,700.00 Additive Alternate #5: 5th Floor Restroom…………………….....$99,800.00 20% Contingency $294,100.00
Total Construction Cost NTE $1,764,600.00

CURRENT SITUATION AND ITS EFFECTS
The 1947 Center St. Window replacement project is a Strategic Plan Priority Project, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities. The existing windows have significantly exceeded their useful service life, presenting ongoing safety and reliability concerns, and they are a significant contributor to the building’s poor energy performance.

The proposed project will replace existing steel windows with thermally broken aluminum windows, which have an insulating barrier between the inside and outside parts of the frame to stop heat from conducting through the metal. This will improve thermal efficiencies and comply with the latest building efficiency standards and support the City’s climate action goals. Replacement of these windows will help ensure a safe, comfortable and secure environment within the building for City staff and members of the public who visit 1947 Center Street to conduct official City business.

The project has enough funding to replace all windows on the 6 th floor and some of windows on the 5th floor. Mandatory accessibility improvements are included in the scope.

As part of this work, the City will upgrade the restrooms on the 5th and 6th floors and replace the drinking fountains on all other floors, except for the 3rd floor, which was recently brought up to code.

The 1947 Center St. Window Replacement Project was advertised for bids on April 27, 2026, and opened on June 11, 2026. The City received a total of five bids, with base bids ranging from $1,162,000 to $1,724,255.

Bid Protest and Response
On June 18, 2026, the City received a bid protest from the second lowest bidder, Bay, protesting the bid from the apparent low bidder Vantis. The City has determined that the protest does not establish a sufficient basis to reject Vantis' bid as nonresponsive or determine that Vantis is not responsible.

The bid protest alleged that Vantis should be found non-responsive based on the following grounds:

Contract: One Workplace Construction LLC dba Vantis CONSENT CALENDAR for 1947 Center St. Window Replacement Project September 29, 2026

1) Multiple unauthorized signatories on core bid documents, rendering the bid form, non-collusion affidavit, and bid bond legally invalid and non-binding; 2) Vantis’ glazing subcontractor, B Side Inc., with an officer with a 2018 federal fraud conviction;
3) B Side Inc. has obscured the convicted officer’s role by listing his wife as President, while he is identified as the primary contact on key documents; 4) Vantis’ proposed Winco 3250 window system fails to meet the engineering performance requirements of the project specifications, which call for the Graham SR6700 Series;
5) Champion, listed by Vantis as its scaffolding subcontractor, does not possess swing stage equipment necessary to perform the glazing work at the 5th- and 6th- floor elevations; and
6) The City’s affirmative determination that Vantis is a “responsible contractor” is legally and factually flawed given Vantis’ corporate interconnection with One Workplace LLC.

Copies of the bid protests were provided to Vantis to provide them with an opportunity to respond to the protest issues. Public Works and City Attorney’s office staff carefully reviewed the bids, protests, and responses. Subsequently, City staff concluded that:

1. The City reviewed Bay Construction’s contention that the individuals who signed Vantis’ bid documents lacked authority to bind Vantis because they were not identified as officers, managers, or responsible managing employees in records maintained by the California Secretary of State or Contractors State License Board. Robert Williamson, Vantis’ President, was authorized to execute bids and contracts on behalf of Vantis, and Mike Spencer was authorized to execute bonding and insurance documents on behalf of Vantis. The fact that an individual is not identified in Secretary of State or CSLB records does not, by itself, establish that the individual lacks authority to execute documents on behalf of the company.

Based on its review, the City determined that the bid documents were executed by individuals authorized to act on behalf of Vantis and that the bid is not non- responsive or non-responsible on this basis.

2. The City reviewed the protest’s claim that Vantis should have disclosed pending litigation involving affiliated One Workplace entities and that such litigation undermines the City’s determination that Vantis is a responsible bidder. The City reviewed the litigation identified in the protest against the disclosure requirement in Section 2.02 of Document 00 4513. Section 2.02 requires from Bidders a “[d]escription of litigation history for the past three years, including names of involved parties, nature of dispute, and disposition.” The disclosure requirement

Contract: One Workplace Construction LLC dba Vantis CONSENT CALENDAR for 1947 Center St. Window Replacement Project September 29, 2026

applies to the Bidder. The bidder for this Project is One Workplace Construction LLC dba Vantis. The litigation identified by Bay Construction does not establish that Vantis failed to disclose litigation required by Section 2.02. Section 2.02 does not require disclosure of litigation involving a bidder’s parent companies, subsidiaries, affiliates, or other related entities. It requires the bidder to provide its “litigation history for the past three years.” Accordingly, the City finds that Bay Construction has not identified litigation that Vantis was required, but failed, to disclose under Section 2.02.

3. The City considered Bay Construction’s arguments regarding the prior federal conviction of an individual associated with B Side Inc., Vantis’ glazing subcontractor. Neither B Side Inc. nor the individual is presently debarred from public contracting. The City found no evidence demonstrating that B Side Inc. presently lacks the integrity, qualifications, or ability to perform the subcontracted work. Accordingly, the prior conviction does not provide a basis for finding Vantis non-responsive or non-responsible.

4. The City reviewed Bay Construction’s claim that Vantis specified Winco 3250 Windows instead of the specified Graham SR6700 windows. Based on information provided and City’s review, the proper window was specified, and this does not establish that Vantis’ bid is non-responsive or non-responsible.

5. The City reviewed Bay Construction’s claim that the scaffolding company does not possess swing stage equipment. Scaffolding is considered the contractor’s means and methods; therefore, the use of a swing stage is not required. Based on the City’s review, this does not establish that Vantis’ bid is non-responsive or non- responsible.

6. The City reviewed Bay Construction’s allegation that B Side Inc. obscured the role of the individual with the prior federal conviction by identifying his spouse as President while he continued to serve as a primary contact for the company. The City did not identify any false statement or material omission in the subcontractor qualification information submitted with Vantis’ bid, nor did the City identify a requirement in the bid documents prohibiting the individual from serving as a contactor or otherwise participating in B Side Inc.’s operations. Accordingly, the City determined that the record does not establish a material misrepresentation or other basis for finding Vantis non-responsive or non-responsible.

Following a review of the protest, the lowest responsive and responsible bidder was determined to be Vantis. References for Vantis were provided and were satisfactory. Staff recommend that a construction contract for the Project be awarded to Vantis.

Contract: One Workplace Construction LLC dba Vantis CONSENT CALENDAR for 1947 Center St. Window Replacement Project September 29, 2026

BACKGROUND
1947 Center St. is located within the Berkeley’s Civic Center in the downtown area.

Historically known as the State Farm Insurance Company building, the property was acquired by the City in 2001.

The building was listed as a contributing resource in the Berkeley Civic Center District on the National Register of Historic Places on December 3, 1998. It was designated as a Landmark Structure by the Landmarks Preservation Commission on December 7, 1998.

Today, the building houses City offices that provide essential public services.

The existing windows have reached the end of their useful service life and require replacement to address safety concerns, improve energy efficiency, and enhance the overall performance of the building while preserving its historic character.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The project supports the City’s climate action plan and complies with the latest energy efficiency standards, improving energy efficiency and reducing energy use overall.

RATIONALE FOR RECOMMENDATION
Contracted services are required for this project as the City does not have the in-house expertise to complete the specialized work.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions are recommended. The City determined it was necessary to move forward with the project. Deferring the work will lead to continued deterioration of the building and potential increased costs for additional repairs and maintenance.

CONTACT PERSON
Wahid Amiri, Deputy Director, Department of Public Works (510) 981-6396 Pejman Mehrfar, Manager of Engineering (510) 981-6439
Uriel Gonzalez, Assistant Public Works Engineer (510) 981-6627 Attachments:
1: Resolution
2: Bid Abstract

RESOLUTION NO. ##,###-N.S.

CONTRACT: ONE WORKPLACE CONSTRUCTION LLC DBA VANTIS FOR THE 1947 CENTER ST. WINDOW REPLACEMENT PROJECT
WHEREAS, the Civic Center Annex at 1947 Center st windows have reached the end of their useful service life; and
WHEREAS, the City has neither the labor nor the equipment necessary to undertake this project; and
WHEREAS, an invitation for bids (plans and specifications No. 26-11762-C) was duly advertised, on April 27, 2026, bids were opened on June 11, 2026, and the City received 5 bids; and
WHEREAS, upon receipt of a bid protest, review of the submitted bids, and careful consideration, the basis of the protest was found to not be material and would not significantly impact the bid; and
WHEREAS, One Workplace Construction LLC dba Vantis was determined to be the lowest responsive and responsible bidder; and
WHEREAS, this contract is exempt from the noticing requirements set forth in Government Code Section 3504.1; and
WHEREAS, funds are programmed into the FY 2027 budget in the Capital Improvement Fund (CIP) and Measure T1 Phase 2.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Plans and Specifications No. 26-11765-C for the 1947 Center St. Window Replacement Project are approved, and that One Workplace Construction LLC dba Vantis is determined to be the lowest responsive and responsible bidder; and BE IT FURTHER RESOLVED that the council of the City of Berkeley authorizes the City Manager to execute a contract and any amendments, extensions, and change orders, until completion of the projects in accordance with the approved plans and specifications with One Workplace Construction LLC dba Vantis for the 1947 Center St. Window Replacement Project, in an amount not to exceed $1,764,600.00, which includes a 20% contingency for unforeseen conditions. A record signature copy of the agreement and any amendments will be filed in the Office of the City’s Clerks.

City of Berkeley
Abstract of Bid Worksheet
Finance Department
For:

General Services Division SPEC#:

Bidders Base Bid Addenda (#) Bid Bond Reg / Exp Subcontractors Non-Collusion CERTS Qualifications (Envelope B)
1 MFS Construction $1,724,225.27 x x x x x x
2 One Workplace $1,162,000.00 x x x x x x x
3 Stronger Building Services $1,537,645.00 x x x x x x x 4 Bay Construction Company $1,320,000.00 x x x x x x x
5 Mar Con Builders $1,657,000.00 x x x x x x x
6 7
8 9
*Error in tabulation found. Corrections in red.

Bid Recorder: Borna Zandipour Date
Bid Opener: Roopreet Soorma Date
Project Manager: Uriel Gonzalez Date
required w/ bid
1947 Center St., Window Replacement Project
26-11762-C Bid Date: 6/11/2026
2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7320 TDD: 510.981.6903 Fax: 510.981.7390 E-mail: [email protected]
*$1,713,799.53
*$1,162,100.00
*$1,326,500.00

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
September 29, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jamie Parks, Director, Public Works
Subject: Contract: Shaw Integrated and Turf Solutions Inc., for Civic Center Building, Fourth Floor/IT Department Carpet Replacemet Project

RECOMMENDATION
Adopt a Resolution:

1. Accepting the California Multiple Award Schedule (CMAS) bid procedures;

2. Approving the CMAS Contract with Shaw Integrated and Turf Solutions, Inc. for Carpet Replacements at the Civic Center Building; and,

3. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the terms and conditions of the agreements with Shaw Integrated and Turf Solutions, Inc. in an amount not to exceed $90,542, which includes a contingency of $11,810.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this carpet replacement project is available in the Fiscal Year 2027 Facilities Capital Improvement Program (CIP) budget from the Capital Improvement Fund (501).

Cost:

Carpet Replacement ………………………………….. $ 78,732
15% Contingency ………………………………………. $ 11,810
Total Cost $ 90,542
Fiscal Year 2027 Funding:
 CIP Fund………………………………………….. $90,542

CURRENT SITUATION AND ITS EFFECTS
Existing floor carpets at the Civic Center Building, located at 2180 Milvia Street, need replacement on the fourth floor (IT Department). The carpets have surpassed their typical life expectancy of twenty years and their age is showing with duct tape patches over rips and decades old stains.

22

Contract: Shaw Integrated and Turf Solution’s Inc. CONSENT CALENDAR Civic Center Building 4th Floor IT Department Carpet Replacement Project September 29, 2026

Shaw Integrated and Turf Solutions, Inc. was selected through the California Multiple Award Schedule (CMAS) bid procedure. This allows the City to procure a contractor that was previously selected through the State of California bidding process. All pricing, products and/or services offered to the State of California through this system are made available to the City. Making use of this process results in cost savings and expedites contractor selection.

The services provided will support the Strategic Plan goals of creating a resilient, safe, connected and prepared city as well as providing state-of-the-art, well-maintained facilities.

Effective January 1, 2026, local agencies are required to satisfy noticing requirements for certain contracts for services that meet the criteria outlined in Government Code Section 3204.1 as amended by AB 339. This project does not meet the criteria in Government Code Section 3504.1 and is exempt from the noticing requirement.

BACKGROUND
Many of the carpets in the Civic Center Building are over twenty years old and need replacement. There are numerous locations throughout the building where carpet failures are visible, including crushed carpeting padding, seam failures, heavy staining, and other deficiencies that are typical of a carpet that has exceeded its useful life. The work to replace carpets like these typically takes one week, and staff have the work tentatively scheduled for Q4 2026. This and the exact timing depend on City Council action, contract execution, the availability of materials and the contractor’s availability.

The City developed technical specifications for carpet tiles in 2015, which have been since used in multiple projects, including the Public Safety Building (2017) and Civic Center (2180 Milvia) in (2020, 2022 and 2025). The carpet tiles have proven durable, low- maintenance and cost effective.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The proposed product meets criteria established in the specifications, which is in accordance with the sustainable resolutions and ordinances administered by the Planning and Development Department’s Office of Energy and Sustainable Development, the City of Berkeley Revised General Plan, the City’s Climate Action Plan, and CalGreen. For example, the project will replace the existing carpet with PVC free carpet tiles that are 100% recyclable.

RATIONALE FOR RECOMMENDATION
Contracted services are required for this project as the City does not have the in-house expertise to complete this specialized work. Shaw Integrated and Turf Solutions, Inc. provided a cost-effective price, complying with the City’s carpet specifications.

Contract: Shaw Integrated and Turf Solution’s Inc. CONSENT CALENDAR Civic Center Building 4th Floor IT Department Carpet Replacement Project September 29, 2026

ALTERNATIVE ACTIONS CONSIDERED
None. If a new RFP were to be managed by staff to acquire a vendor, rather than using CMAS, the process would be longer and potentially be impacted by increased costs for materials and labor. CMAS is the most time and cost-effective action.

CONTACT PERSON
Wahid Amiri, Deputy Director of Public Works, (510) 981-6396 Pejman Mehrfar, Manager of Engineering, Dept. of Public Works (510) 981-6439 Selam Mehari, Junior Public Work Engineer, Dept. of Public Works (510) 981-6633 Attachments:
1: Resolution
2: Quote from Shaw Integrated and Turf Solutions Inc.
3: California Multiple Award Schedule (CMAS)

RESOLUTION NO. ##,### -N.S.

CONTRACT: SHAW INTEGRATED AND TURF SOLUTIONS, INC. FOR THE CIVIC CENTER BUILDING, 4TH FLOOR AT IT DEPARTMENT CARPET REPLACEMENT

PROJECT
WHEREAS, the existing broadloom carpeting in the Civic Center Building, specifically on the 4th floor at the IT Department is in need of replacement; and WHEREAS, the City has neither the labor nor the equipment necessary to undertake this renovation project; and
WHEREAS, the California Multiple Award Schedule (CMAS) is available to state and local governments, which, by utilizing the city is able to adhere to BMC section 7.18.010, meeting the competitive bidding requirement; and
WHEREAS, the California Department of General Service Procurement Division determined Shaw Integrated and Turf Solutions, Inc.’s bid pricing to be fair and reasonable and awarded CMAS Contract No. 4-24-09-1049; and WHEREAS, funds are available in the FY 2027 Budget in the Capital Improvement Fund (501).

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley authorizes the City Manager to execute a contract and any amendments, extensions, or change orders until completion of the project in accordance with the terms and conditions of the agreement with Shaw Integrated and Turf Solutions, Inc. for the carpet replacement project at the Civic Center Building, in an amount not to exceed $90,542; which includes an authorized contingency of $11,810. A record signature copy of the agreement and any amendments to be on file in the office of the City Clerk.

Fax: ( ) -
( ) -Phone:

Mail Drop 999 P.O. Box 748552
Atlanta, GA 30384-8552
DateProposal Submitted To Attention Phone Fax
City of Berkeley, CA Selam Mehari
Proposal Name Job Name Job #
Civic Center Building - IT
Street Job Street Proposal ID
We hereby submit specifications and estimates for:

City, State and Zip Job City, State and Zip Customer PO Berkeley, CA 94704--112 Berkeley, CA 94704--112
2180 Milvia St
Add #Date of Plans
CMAS
Architect Customer Job #
None
2180 Milvia St
Civic Center Building - IT 204963
07/17/26
232792
None
( ) -(510) 981-6633
Extended Price Unit PriceColorItem Description Qty UOM
$13,700.87$28.2348323/ComfortMemory Tile Ecoworx Tile 24" x 24" 485.33 SY $428.24$107.065000 Carpet Tile Adhesive 4 Gallon 4.00 4 Gal $3,123.36$6.48Carpet Demolition (standard) 482.00 SY
$1,392.98$2.89Carpet Disposal 482.00 Each
$6,150.32$12.76Carpet Tile Installation 482.00 SY
$17,178.48$35.64Furniture Lift 482.00 SY
$13,127.22$3.13Skimcoat - Labor & Material 4,194.00 Each $20,473.86$20,473.86Overtime Rates (Night/Saturday Work) 1.00 Each $1,489.72$1,489.72Reimbursement of taxes imposed on the contractor. The contract price does not include
any contingency for such tax.

1.00 Each
$944.02$944.02Estimated Freight - Pricing Good for 30 Days 1.00 Each $723.14California Carpet Assessment as required by AB
2398
$78,732.21Base Bid Total:

Proposal Inclusions and Exclusions:

1. CMAS Contract#4-24-09-1049
Contract Period 09/24/2024 through 08/09/2027

2. Local Contact: Meg Lievers Installer: Corban Floorcoverings, Inc.

3. Material title and risk of loss passes to the purchaser at the time of material delivery to owner provided address

4. Price includes work as specifically stated in the above description for the quantities stated. Any circumstances that require additional labor will be handled through the change order process.

5. Extensive floor prep is not included in the price but may be necessary due to unforeseen conditions of the sub-floor. This work may include, but is not limited to, leveling or grinding, encapsulation or sealing, or extensive scraping of the sub-floor. Should extensive floor prep be required, you will receive a change order for the necessary work.

6. Exclusions: attic stock, major floor prep, furniture moving unless specified in proposal, disconnecting and moving of computers and electronic equipment, vacuuming and protection of finished products, and any plumbing work (removal of commodes, etc)..

7. Shaw is not licensed as an asbestos abatement Contractor. If asbestos is discovered at the jobsite, work shall cease immediately.

Flooring Contractor/Subcontractor will not resume work until the asbestos has been sealed or abated through a certified asbestos abatement contractor.

8. Price is based on a consecutive installation period without delays and is based on the customer allowing installation crews access to work a minimum of 8 consecutive hours a day until completion. Delays other than "acts of God" will result in charges for down-time.

9. SITS License Numbers: AL 57717, AK 198637, AZ ROC340172, AR 425700423, CA 1104309, CT MCO.0904495, DE 2022707978, GA GCCO007817, ID 02790, IA C143575, LA 73789, MN IR793001, MS 24811-SC, MT 265535, NE 25084-22, NM 409483/28744860162022, NV 90225, NC 87924, ND 46612, OR 240563, RI GC-33871, SC 124179, TN 77794, UT 12846822-5501, VA 2705183154, WA SHAWITT789M2, WV WV061877

10. Shaw does not provide warranty for third party products provided by the subcontractor/installation provider.

11. Please email your Purchase Order to Stephanie Langford at [email protected] to initiate the order process. A purchase order is required before materials can be shipped.

Fax: ( ) -
( ) -Phone:

Mail Drop 999 P.O. Box 748552
Atlanta, GA 30384-8552
Proposal ID: 232792
Proposal Inclusions and Exclusions:

12. ******Our remit-to address has changed.******

SHAW INTEGRATED & TURF SOLUTIONS
PO Box 748552
Atlanta, GA 30384-8552

13. Carpet Tile to be installed using Monolithic Orientation.

Stephanie Langford $78,732.21
We PROPOSE to perform the work complete in accordance with the specifications and as described above for the SUM of:

Signature:

Conditions of Proposal:

Stephanie Langford
Email: [email protected]

1. This Proposal may be withdrawn, if not accepted, within 30 days of its issuance. Shaw Industries Group, Inc. will consider reasonable requests to engage in negotiations for revisions to this Proposal, including signing a subcontract that includes the terms of this Proposal. A proposal not accepted within 30 days will be subject to price escalation of materials, labor, freight and fuel costs.

2. This proposal is subject to credit review and approval. Payment terms are net 30 days. A convenience fee of 3% will be added if paying via credit card. Past due invoices are subject to service charges of 1.5% per month (18% per annum). In the case of any default, Customer shall pay Shaw Integrated and Turf Solutions, Inc.'s reasonable attorney fees and costs, including those on any appeal, even if no suit or action is filed.

3. All work shall be performed in a workmanlike manner according to industry standards. Areas to receive flooring shall be free and clear of debris. Any changes to the work shall be performed only after execution of a written change order.

4. Prior to commencement of Shaw Industries Group, Inc.'s work: (a) Customer shall test all concrete sub floors receiving flooring for vapor emission levels and alkalinity per manufacturers' recommendations utilizing ASTM F2170 and provide written results to Shaw Industries Group, Inc., including a list of any sealers applied to the concrete sub floor; (b) If Customer does not provide such reports at least 10 days prior to commencement of Shaw Industries Group, Inc.'s work, then Customer shall provide Shaw Industries Group, Inc. with access to all concrete sub floors for appropriate testing and Customer shall be responsible for the costs of such testing; and (c) Any concrete sub floors not meeting manufacturers' requirements for installation will require correction or the execution of a separate waiver agreement.

5. All work is contingent upon strikes, accidents or delays beyond Shaw Industries Group, Inc.'s control. Customer shall carry insurance for all hazards, including fire. Shaw Industries Group, Inc.'s workers are fully covered by Worker's Compensation and Liability Insurance.

6. Customer represents and warrants that: (a) the project site contains no hazardous or other dangerous substances, either exposed or concealed; or (b) Customer has given written notice to Shaw Industries Group, Inc. of all such substances and their location(s). To the fullest extent permitted by law, Customer shall indemnify, defend and hold Shaw Industries Group, Inc. harmless from any damage, claim, loss, expense and attorney fees related to Shaw Industries Group, Inc.'s liability, if any, including any federal or state statute related to hazardous or other dangerous substances.

7. Shaw Industries Group, Inc. is fully licensed, bonded, and insured. This proposal does not include participation in any OCIP/CCIP or related programs. Requests for Shaw Industries Group, Inc. to participate in such programs may result in additional costs.

8. Notwithstanding anything herein to the contrary, all prices are subject to immediate increase without limitation in the event of material change to applicable duties, taxes, tariffs, similar charges, or other government action.

ACCEPTANCE OF PROPOSAL: The above prices, specifications, and conditions are satisfactory and are hereby ACCEPTED.

City of Berkeley, CA Signed:Customer: Date:

You are authorized to do the work as specified.

Procurement Division
707 Third Street, 2nd Floor, MS #2-202
West Sacramento, CA 95605-2811
State of California

MULTIPLE AWARD SCHEDULE

NON-MANDATORY
Shaw Integrated and Turf Solutions, Inc.

Categories Informatio n
CMAS NUMBER: 4-24-09-1049
CMAS TERM DATES: 09/24/2024 through 08/09/2027
EFFECTIVE DATE: 09/24/2024
CMAS CATEGORY: Non-Information Technology Commodities

APPLICABLE CMAS
TERMS & CONDITIONS: March 1, 2023
MAXIMUM ORDER LIMIT:

State Agencies: See Purchasing Authority
Dollar Threshold provision
Local Government Agencies: Unlimited
FOR USE BY: State & Local Government Agencies
BASE SOURCEWELL #: 061323-SII
BASE CONTRACT HOLDER: Shaw Integrated & Turf Solutions, Inc.

PROGRAM ANALYST Trice Baker
[email protected]
This California Multiple Award Schedule (CMAS) provides for the purchase, warranty, removal, demolition, disposal, recycling, preparation, and installation of commercial flooring and accessories, moisture testing, and furniture lifting services. (See page 3 for the restrictions applicable to this CMAS.) NOTICE: Products and/or services on this CMAS may be available on a Mandatory State Contract.

If this is the case, the use of this CMAS is restricted unless the State agency has an approved exemption as explained in the State Contract User Instructions. Information regarding State Contracts can be obtained at the: State Contracts Index Listing. This requirement is not applicable to local government agencies.

Any reference to a specific manufacturer’s or publisher’s warranty or terms and conditions as shown in the base contract are not applicable to this CMAS.

The services provided under this CMAS are only available in support of the products covered by this CMAS.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
SHAW INTEGRATED AND TURF SOLUTIONS, INC.

CMAS NUMBER 4-24-09-1049
October 4, 2023 Ordering Instructions and Special Provisions 2 The most current Ordering Instructions and Special Provisions, CMAS Terms and Conditions, and products and/or services are included herein. All purchase orders issued by State agencies shall incorporate these Ordering Instructions and Special Provisions and CMAS Terms and Conditions.

CMAS RESTRICTION FOR CARPET PURCHASES
The Department of General Services’ Office of Sustainability has determined that all carpet purchased by state agencies be made at the ANSI/NSF-140 Platinum level. The Governor’s Executive Order B-18-12 Ordered that the State agencies purchase and use environmentally preferable products that have a lesser or reduced effect on human health and the environment.

Carpet that is 3rd party certified to ANSI/NSF-140 Platinum level meets the requirement.

IMPORTANT NOTE TO ALL USERS OF THIS MULTIPLE AWARD SCHEDULE A contract for the purchase and installation of carpet is a public works contract as defined in Section 1101 of the Public Contract Code and, as such, requires certain special conditions. Prior to placing an order against this multiple award schedule, read pages 20 through 29 entitled “Information Regarding the Purchase and Installation of Carpet and Other Floor Coverings” to ensure your agency understands the special conditions involving public works contracts. If your agency does not have staff with expertise involving public works contracts, it is recommended that you seek interagency assistance or consider not using this multiple award schedule.

Agency non-compliance with the requirements may result in the loss of CMAS program delegated purchasing authority.

CMAS contractor non-compliance with the requirements may result in termination.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
SHAW INTEGRATED AND TURF SOLUTIONS, INC.

CMAS NUMBER 4-24-09-1049
October 4, 2023 Ordering Instructions and Special Provisions 3

CMAS PRODUCT & SERVICE CODES
Product & Service Codes listed below are for marketing purposes only. Review the base contract for the products and/or services available.

Floor Cov-Broadloom Carpet
Floor Cov-Carpet Recycled
Floor Cov-Mats/Matting
Floor Cov-Modular Carpet Tile
Floor Cov-Vinyl Sheeting/Tile

AVAILABLE PRODUCTS AND/OR SERVICES
This CMAS provides for the purchase, warranty, removal, demolition, disposal, recycling, preparation, and installation of commercial flooring and accessories, moisture testing, and furniture lifting services.

The ordering agency must verify all products and/or services, and pricing are currently available on the Sourcewell 061323-SII contract at the Sourcewell website. Access the Sourcewell website at www.sourcewell-mn.gov.

EXCLUDED PRODUCTS AND/OR SERVICES
Public works services for State Agencies, food (per diem), hotel/motel, mileage reimbursement, hourly rate for services not listed, and supplemental benefits are not available under this CMAS.

ISSUE PURCHASE ORDER TO
Agency purchase orders must be sent to the following:

Shaw Integrated and Turf Solutions, Inc.
185 S Industrial Blvd
Calhoun, GA 30701
Attn: Janna Harrell
E-mail: [email protected]
Agencies with questions regarding products and/or services may contact the CMAS contractor as follows:

Contact: Jimmy Marshall
Phone: (706) 879-3521
E-mail: [email protected]
Website: https://www.shawsportsturf.com

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
SHAW INTEGRATED AND TURF SOLUTIONS, INC.

CMAS NUMBER 4-24-09-1049
October 4, 2023 Ordering Instructions and Special Provisions 4 TOP 500 DELINQUENT TAXPAYERS
In accordance with Public Contract Code (PCC) 10295.4, and prior to placing an order for non-IT goods and/or services, agencies must verifywith the Franchise Tax Board and the California Department of Tax and Fee Administration that this CMAS contractor’s name does not appear on either list of the 500 largest tax delinquencies pursuant to Revenue and Taxation Code 7063 or 19195. The Franchise Tax Board’s list of Top 500 Delinquent Taxpayers is available at their website. The California Department of Tax and Fee Administration’s list of Top 500 Sales & Use Tax Delinquencies in California is available at their website.

CALIFORNIA SELLER’S PERMIT
The CMAS contractor’s California Seller’s Permit Number is 222660800. Prior to placing an order with this company, agencies must verify that this permit is still valid at the California Department of Tax and Fee Administration website.

MINIMUM ORDER LIMITATION
There is no minimum dollar value limitation on orders placed under this CMAS.

CMAS PRICES
The maximum prices allowed for the products and/or services available are those set forth in the base contract.

The ordering agency is encouraged to seek prices lower than those in the base contract. When responding to an agency’s Request for Offer (RFO), the CMAS contractor can offer lower prices to be competitive.

GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE NOTIFICATION The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Bidders/Offerors must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors. The State has developed a GenAI Reporting & Factsheet to be completed by the Bidder/Offeror.

1. State Agencies
State agencies are required to obtain a GenAI Reporting & Factsheet (STD 1000) from the Contractor prior to award.

If GenAI is disclosed by the Contractor, state agencies must follow the required GenAI purchase procedures outlined in State Contracting Manual (SCM) Volume 2, Chapter 23, Generative Artificial Intelligence (GenAI). State agencies must retain the STD 1000 and confirmation the purchase may proceed in their procurement file.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
SHAW INTEGRATED AND TURF SOLUTIONS, INC.

CMAS NUMBER 4-24-09-1049
October 4, 2023 Ordering Instructions and Special Provisions 5

2. Contractor
Upon request by an ordering agency, Contractor must complete an GenAI Reporting and Fact Sheet (STD 1000) to identify if their solution or service includes, or makes available, any GenAI including, GenAI from third parties or subcontractors.

During the term of the contract, Contractor must notify the State in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAI technology, including GenAI from third parties or subcontractors. Contractor shall immediately complete the GenAI Reporting and Factsheet (STD 1000) to notify the State of any new or previously unreported GenAI technology.

At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts functionality, risk or contract performance, until use of such GenAI technology has been approved by the State.

Failure to disclose GenAI use to the State and submit the GenAI Reporting and Factsheet (STD 1000) may be considered a breach of the contract by the State at its sole discretion and the State may consider such failure to disclose GenAI and/or failure to submit the GenAI Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the contract. The State is entitled to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

The State reserves the right to amend the contract, without additional cost, to incorporate GenAI Special Provisions into the contract at its sole discretion and/or terminate any contract that presents an unacceptable level of risk to the State.

Note: A STD 1000 is not required if the purchase is only for commodity types that do not include a technology or service component. Commodity purchases that would NOT be exempt include items with a technology component, including but not limited to: Bluetooth, network, cloud computing, and software use.

EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
SHAW INTEGRATED AND TURF SOLUTIONS, INC.

CMAS NUMBER 4-24-09-1049
October 4, 2023 Ordering Instructions and Special Provisions 6

DARFUR CONTRACTING ACT
This CMAS contractor has certified compliance with the Darfur Contracting Act, per PCC 10475. It is the agency’s responsibility to verify that the contractor has a Darfur Contracting Act Certification on file.

IRAN CERTIFICATION
This CMAS contractor has certified compliance with the Iran Contracting Act, per PCC 2001-2008.

It is the agency’s responsibility to verify that the contractor has an Iran Contracting Act Certification on file.

CALIFORNIA CIVIL RIGHTS LAW CERTIFICATION
Pursuant to PCC 2010 applicants must certify their compliance with the California Civil Rights laws and Employer Discriminatory Policies (Civil Code 51, GC 12960). It is the agency’s responsibility to verify that the contractor has a California Civil Rights Law Certification on file.

WARRANTY
For warranties, see the base contract and the CMAS Warranty provision in the CMAS Terms and Conditions/General Provisions.

DELIVERY
As negotiated between agency and CMAS contractor and included in the purchase order.

LIQUIDATED DAMAGES FOR LATE DELIVERY
The value of the liquidated damages cannot be a penalty, must be mutually agreed upon by agency and contractor and included in the purchase order to be applicable.

SHIPPING INSTRUCTIONS
F.O.B. Destination (Free On Board) – Prepaid and Add Seller pays the freight charges.

State agencies shall follow the instructions below whenever the weight of the purchase is 100 lbs. or more and F.O.B. Destination, Freight Prepaid is not used. This requirement is not applicable to local government agencies.

All shipments will be made by ground transportation unless otherwise ordered on the purchase order.

Traffic Management Unit (TMU) approval is not required for any Leveraged Procurement Agreement negotiated by DGS; however, it is recommended that state agencies contact TMU for a freight weight comparison using the Freight Analysis Worksheet on the TMU website, under the “Forms” heading to ensure the state is getting the most reasonable shipping cost.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
SHAW INTEGRATED AND TURF SOLUTIONS, INC.

CMAS NUMBER 4-24-09-1049
October 4, 2023 Ordering Instructions and Special Provisions 7 Note: If shipping charges for purchases weighing less than 100 lbs. appear to be excessive (e.g., $500 for a 5 lb. package where the shipping charge is a percentage of the cost of the item being purchased), departments are encouraged to contact TMU for help to obtain more appropriate pricing. TMU contact information can be found at the TMU website.

PURCHASING AUTHORITY DOLLAR THRESHOLD
Order limits for the purchase of goods and/or services is determined by the individual agency purchasing authority threshold.

No CMAS order may be executed by a State agency that exceeds that agency’s purchasing authority threshold, unless an exemption is granted by the Department of General Services (DGS) Purchasing Authority Unit (PAU). State agencies with approved purchasing authority, along with their dollar thresholds can be obtained at the List of State Departments with Approved Purchasing Authority website.

HOW TO USE CMAS
State agencies must adhere to the requirements in the State Contracting Manual (SCM) Volume 2, Chapter 1600 and CMAS Ordering Instructions and Special Provisions when using CMAS.

Develop an RFO, which includes a Scope of Work (SOW) and Bidder Declaration form. For information on the Bidder Declaration requirements see SCM, Volume 2, Sections 305 and 1202.

Clearly defined Tasks (what needs to be done) and Deliverables (outcome of each task, i.e., reports, procedures manual, etc.) must be included in the State’s SOW.

A Work Order Authorization (WOA) may be used to document completion of pre-determined tasks, but only if the tasks are clearly defined in the SOW. The WOA may be used to approve release for the next phase of the agreement but cannot be used to identify any tasks other than the ones called out in the SOW. The WOA will be signed by all parties and may be submitted for progress payments under the award.

Projects can be performed on a Fixed Price Per Deliverable (FP/D). Fixed Price; FP/D: A defined service, or set of services, performed by Contractor in response to a defined task, or set of tasks, at a specific fixed price, and delivered per a specific schedule. Note: When using FP/D the Statement of Work must describe in detail the particular project and the work that the selected Qualified Contractor will be required to perform.

For Consulting or Personal services, do not include any labor categories/job titles or number of hours limit in RFO Requirements or the SOW. The CMAS Contractor provides this information in their Attachment B Cost Worksheet. The State does not have the expertise to make this decision (GC 19130(b)).

Search for potential CMAS contractors on the CMAS website and select “Find a CMAS Contractor.”
Request offers from a minimum of 3 CMAS contractors including one small business (SB) and/or Disabled Veteran Business Enterprise (DVBE), if available, who are authorized to sell the products and/or able to perform the services needed. (Government Code 14846(b)).

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
SHAW INTEGRATED AND TURF SOLUTIONS, INC.

CMAS NUMBER 4-24-09-1049
October 4, 2023 Ordering Instructions and Special Provisions 8 A valid attempt must be made to secure offers from viable CMAS contractors who are able to supply the goods and/or provide the services. Neither a lack of sufficient CMAS contractors nor the use of restrictive requirements meets the intent for obtaining offers (SCM Volume 2, Section 1670.2).

If requesting offers from a certified DVBE, include the Disabled Veteran Business Enterprise Declarations form (Standard 843) in the RFO. This declaration must be completed by the DVBE prime contractor and/or any DVBE subcontractors and submitted with the offer (SCM Volume 2, Section 1201).

This is not a bid transaction, so the small business preference, DVBE incentives, protest language, intent to award, evaluation criteria, advertising, Administrative and Technical Requirements, etc. are not applicable. (SCM Volume 2, Section 1603).

If less than 3 offers are received, State agencies must document their file with the reasons why the other suppliers did not respond with an offer. The reason must come from the CMAS contractor.

Assess the offers received using best value criteria including cost as one of the criteria (SCM Volume 2, Section 1603).

Issue a Purchase Order to the selected CMAS contractor.

For CMAS transactions under $10,000, only one offer is required if the State agency can establish and document that the price is fair and reasonable. The fair and reasonable method can only be used for non-customizable purchases. See SCM Volume 2, Section 1510 for Fair and Reason criteria.

Local agencies must follow their own procurement regulations. For more information see the Local Agency packet available online.

AGENCY RESPONSIBILITY
Each agency is responsible for its own contracting program and purchasing decisions, including use of the CMAS program and associated outcomes. This responsibility includes, but is not limited to, ensuring the necessity of the services, securing appropriate funding, complying with laws and policies, preparing the purchase order in a manner that safeguards the State’s best interests, obtaining required approvals, and documenting compliance with GC 19130.b(3) for outsourcing services.

It is the responsibility of each agency to consult with their legal staff and contracting offices for advice depending upon the scope or complexity of the purchase order. If legal services are not available within your agency, DGS Office of Legal Services is available to provide services.

CONFLICT OF INTEREST
Agencies must evaluate the proposed purchase order to determine if there are any potential conflict of interest issues. See the CMAS Terms and Conditions, Conflict of Interest, for more information.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
SHAW INTEGRATED AND TURF SOLUTIONS, INC.

CMAS NUMBER 4-24-09-1049
October 4, 2023 Ordering Instructions and Special Provisions 9

SPLITTING ORDERS
Splitting orders to avoid any monetary limitations is prohibited. Do not circumvent normal procurement methods by splitting purchases into a series of delegated purchase orders per PCC 10329. Splitting a project into small projects to avoid either fiscal or procedural controls is prohibited per State Administrative Manual (SAM) 4819.34.

This provision does not apply to local government agencies.

ORDERING PROCEDURES

1. Purchase Orders
All Ordering Agency purchase order documents executed under this CMAS must contain the applicable CMAS number as show on page 1.
a. State Departments:

Standard 65 Purchase Documents – State departments not transacting in FISCal must use the Purchasing Authority Purchase Order (Standard 65) for purchase execution. An electronic version of the Standard 65 is available at the Department of General Services (DGS), Procurement Division (PD) website, select Standard (STD) Forms.

FISCAL Purchase Documents – State departments transacting in FISCal will follow the FISCal procurement and contracting procedures.
b. Local Government Agencies:

Local government agencies may use their own purchase order document for purchase execution.

The agency is required to complete and distribute the purchase order. For services, the agency shall modify the information contained on the order to include the service period (start and end date), the monthly cost (or other intermittent cost), and any other information pertinent to the services. The cost for each line item must be included in the order, not just system totals.

The contractor must immediately reject purchase orders that are not accurate. Discrepancies are to be negotiated and incorporated into the purchase order prior to product delivery and service implementation.

2. Service and Delivery after CMAS Expiration
The purchase order must be issued before the CMAS expires. However, delivery of the products or completion of the services may be after the CMAS expires (unless otherwise specifically stated in the purchase order). Amending the purchase order to add quantity, time, or money is not possible if the CMAS expired.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
SHAW INTEGRATED AND TURF SOLUTIONS, INC.

CMAS NUMBER 4-24-09-1049
October 4, 2023 Ordering Instructions and Special Provisions 10

3. Multiple CMAS Agreements on a Single Purchase Order
State agencies wishing to include multiple CMAS agreements on a single FISCal purchase order must adhere to the following guidelines:

All CMAS must be for the same CMAS contractor.

The purchase order must go to one contractor location.

Enter the word “CMAS” in the space reserved for the Leveraged Procurement Agreement (LPA) number. The word “CMAS” signifies that the purchase order contains items from multiple CMAS agreements. The purchasing agency may only use one bill code.

For each individual CMAS, the agency must identify and group together the CMAS number with the line items and subtotal per CMAS number (do not include tax in the subtotal), and sequentially identify each individual CMAS as Sub #1, Sub #2, Sub #3, etc. This facilitates accurate billing of administrative fees by the Procurement Division.

The total of all items on the purchase order must not exceed the State agency’s purchasing authority dollar threshold granted by DGS PAU.

Do not combine items from IT and non-IT CMAS agreements. An Information Technology CMAS begins with the number “3” and a non-IT CMAS begins with the number “4.” The purchase order limits are different for these CMAS agreements.

4. Amendments to State Agency's Purchase Orders
Agency purchase orders cannot be amended if the CMAS has expired.

SCM, Volume 2, Section 1605 provides the following directions regarding amendments to all types of LPA purchase orders:

Original orders, which include options for changes (e.g., quantity or time), that were assessed and considered in the selection for award during the RFO process, may be amended consistent with the terms of the original order, provided that the original order allowed for amendments. If the original order did not evaluate options, then amendments are not allowed unless an Non-Competitively Bid is approved for those amendments.

Amendments unique to Non-IT Services:

If the original contract permitted amendments, but did not specify the changes, (e.g., quantity or time), it may be amended. Per PCC 10335 (d)(1), a contract may only be amended once under this exemption. The time shall not exceed one year, or add not more than 30 percent of the original order value and may not exceed $250,000. If the original contract did not have language permitting amendments, the Non-Competitively Bid process must be followed.

CMAS CONTRACTOR OWNERSHIP INFORMATION
The CMAS contractor is a large business enterprise.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
SHAW INTEGRATED AND TURF SOLUTIONS, INC.

CMAS NUMBER 4-24-09-1049
October 4, 2023 Ordering Instructions and Special Provisions 11

SMALL BUSINESS MUST BE CONSIDERED
Prior to placing orders under the CMAS program, State agencies must first consider offers from small businesses that have established CMAS agreements (GC 14846(b)). NOTE: DGS auditors will request substantiation of compliance with this requirement when agency files are reviewed.

CMAS Small Business and Disabled Veteran Partners can be found on the CMAS website by selecting “Find a CMAS Contractor”.

In response to our commitment to increase participation by small businesses, the Department of General Services waives the administrative fee (charged to customer agencies to support the CMAS program) for orders to California certified small business enterprises.

SMALL BUSINESS/DVBE - TRACKING
State agencies are able to claim subcontracting dollars towards their SB or DVBE goals whenever the CMAS contractor subcontracts a commercially useful function to a certified SB or DVBE. The CMAS contractor will provide the ordering agency with the name of the SB or DVBE used and the dollar amount the ordering agency can apply towards its SB or DVBE goal.

SMALL BUSINESS/DVBE - SUBCONTRACTING

1. The amount an ordering agency can claim towards achieving its SB or DVBE goals is the dollar amount of the subcontract award made by the CMAS contractor to each SB or DVBE.

2. The CMAS contractor will provide an ordering agency with the following information at the time the order is quoted:
a. The CMAS contractor will state that, as the prime contractor, it shall be responsible for the overall execution of the fulfillment of the order.
b. The CMAS contractor will indicate to the ordering agency how the order meets the SB or DVBE goal, as follows:
i. List the name of each company that is certified by the Office of Small Business and DVBE Services that it intends to subcontract a commercially useful function to; and ii. Include the SB or DVBE certification number of each company listed and attach a copy of each certification; and
iii. Indicate the dollar amount of each subcontract with a SB or DVBE that may be claimed by the ordering agency towards the SB or DVBE goal; and iv. Indicate what commercially useful function the SB or DVBE subcontractor will be providing towards fulfillment of the order.

3. The ordering agency’s purchase order must be addressed to the prime contractor, and the purchase order must reference the information provided by the prime contractor as outlined above.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
SHAW INTEGRATED AND TURF SOLUTIONS, INC.

CMAS NUMBER 4-24-09-1049
October 4, 2023 Ordering Instructions and Special Provisions 12

CONTRACTORS ACTING AS FISCAL AGENTS ARE PROHIBITED
When a subcontractor ultimately provides all of the products or performs all of the services that a CMAS contractor has agreed to provide, and the prime contractor only handles the invoicing of expenditures, then the prime contractor's role becomes that of a fiscal agent because it is merely administrative in nature and does not provide a Commercially Useful Function. It is unacceptable to use fiscal agents in this manner because the agency is paying unnecessary administrative costs.

WITHHOLD LANGUAGE (SB588)
Upon delivery or completion of ordered goods or services for which the Contractor committed to DVBE subcontractor participation, state departments must require the Contractor to certify all the following:

1. The amount and percentage of work the Contractor committed to provide to one or more DVBEs under the requirements of the contract and the amount each DVBE received from the Contractor.

2. That all payments under the contract have been made to the DVBE. Upon request, the Contractor must provide proof of payment for the work.

In accordance with the Military and Veterans Code 999.7, state departments shall withhold $10,000 from the final payment, or the full final payment if less than $10,000, if the Contractor fails to meet the certification requirements identified above. State departments shall notify the Contractor of their failure to meet the certification requirements and give the Contractor an opportunity to comply with the certification requirements. If after 30 calendar days from the date of notice, the Contractor refuses to comply with the certification requirements, the state department shall permanently deduct $10,000 from the final payment or the full payment if less than $10,000.

PRODUCT SUBSTITUTIONS
Substitution of Deliverables may not be tendered without advance written consent of the Buyer.

The Contractor must offer an equivalent or newer model of the product from the same manufacturer at the same or lower price. Contractor cannot use any specification in lieu of those contained in the Contract without written consent from the Buyer.

NEW EQUIPMENT REQUIRED
The State will procure new equipment. All equipment must be new (or warranted as newly manufactured) and the latest model in current production. Used, shopworn, demonstrator, prototype, or discontinued models are not acceptable.

Where Federal Energy Management Program (FEMP) standards are available, all State agencies shall purchase only those products that meet the recommended standards. All products displaying the Energy Star label meet the FEMP standards.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
SHAW INTEGRATED AND TURF SOLUTIONS, INC.

CMAS NUMBER 4-24-09-1049
October 4, 2023 Ordering Instructions and Special Provisions 13

SPECIAL MANUFACTURED GOODS
Any CMAS for goods to be manufactured by the CMAS contractor specifically for the State and not suitable for sale to others may require progress payments.

For a Non-IT goods CMAS, see the CMAS Non-IT Commodities Terms and Conditions, Provision 69, Progress Payments.

TRADE-IN EQUIPMENT
Trade-ins at open market price may be considered. The product description and trade-in allowance must be identified on the purchase order.

Agencies are required to adhere to SAM 3520 through 3520.6, Disposal of Personal Property and Surplus Personal Property, as applicable, when trade-ins are considered. A Property Survey Report, Standard 152, must be submitted for approval prior to disposition of any State owned personal property, including general office furniture regardless of the acquisition value, or if the property was recorded or capitalized for accounting purposes.

STATE AGENCY BUY RECYCLED CAMPAIGN
State ordering agencies are required to report purchases made within the eleven product categories in the California Department of Resources Recycling and Recovery’s State Agency Buy Recycled Campaign per PCC 12200 through 12217.

Contractor will be required to complete and return a Recycled-Content Certification form upon request by the state ordering agency.

PRODUCT INSTALLATION
The CMAS contractor is fully responsible for all installation services performed under the CMAS.

Product installations must be performed by manufacturer authorized personnel and meet manufacturer documented specifications.

The prime contractor, as well as any subcontractors, must hold any certifications and/or licenses required for the project.

PUBLIC WORKS (INSTALLATION SERVICES ONLY)
A public works contract is defined as an agreement for “the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind” in accordance with PCC 1101. State agencies planning these types of projects need to review SCM, Volume 1, Chapters 10 and 11 for applicable guidelines and regulations. Visit the DGS, Real Estate Services Division (RESD) website if you have questions about public works transactions.

Local Agency CMAS purchase orders may allow for public works installation only when it is in support of the products covered by this CMAS.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
SHAW INTEGRATED AND TURF SOLUTIONS, INC.

CMAS NUMBER 4-24-09-1049
October 4, 2023 Ordering Instructions and Special Provisions 14 Agencies are to ensure that the applicable laws and codes pertaining to the contractor and subcontractor licensing, prevailing wage rates, bonding, labor code requirements, etc. are adhered to by the prime contractor as well as any subcontractor during performance under the CMAS purchase order.

The bond amount for public works is not less than 100% of the purchase order price.

NOTE: In accordance with Labor Code (LC) 1773.2, the ordering agency is responsible for determining the appropriate craft, classification or type of worker needed for any contract for public works. Also, the agency is to specify the applicable prevailing wage rates as determined by the Director of the Department of Industrial Relations (DIR). In lieu of specifying the prevailing wage rates, the agency may include a statement on the order that the prevailing wage rates are on file at the agency’s office and will be made available upon request. The prevailing wage rates are available from DIR at www.dir.ca.gov (select Statistics & Research).

Bonds: For guidelines, see CMAS, General Terms and Conditions, Public Works Requirements.

State Contractor’s License: Public works services can be obtained through CMAS only if incidental to the overall purchase order. If incidental public works services are included in the purchase order, prior to issuing the order agencies should visit the State Contractor’s License Board website to verify that the Contractor’s License shown below is still active and in good standing.

The CMAS contractor’s California Contractor's License number is 1104309. This is a Class C-15 Floor and Floor Covering, C-61/D-12 Synthetic Products, and C-54 Tile (Ceramic and Mosaic) license that is valid through 05/31/2025.

NOT SPECIFICALLY PRICED (NSP) ITEMS
Contractors must be authorized providers of the products and/or services they offer under the NSP Items provision.

Agency and contractor use of the NSP provision is subject to the following requirements:

1. Purchase orders containing only NSP items are prohibited.

2. A purchase order containing NSP items may be issued only if it results in the lowest overall alternative to the State.

3. NSP items shall be clearly identified in the order. Any product or service already specifically priced and included in the base contract may not be identified as an NSP item.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
SHAW INTEGRATED AND TURF SOLUTIONS, INC.

CMAS NUMBER 4-24-09-1049
October 4, 2023 Ordering Instructions and Special Provisions 15

4. Maximum Order Limitation: For orders $250,000, or less, the total dollar value of all NSP products included in a purchase order shall not exceed $5,000. For orders exceeding $250,000, and at the option of the contractor, the total dollar value of all NSP products in a purchase order shall not exceed 5% of the total cost of the order, or $25,000 whichever is lower. The total dollar value of all services included in a purchase order must not exceed the dollar value of the products. NSP may be used to cover labor for a “clean” install (typically new construction) or to prepare an “unclean” site for carpet installation. However, the total dollar value of ALL services (NSP services and line item services in the base contract) must not exceed the total product cost.

5. An NSP item included in an order issued against this CMAS is subject to all of the terms and conditions set forth in the CMAS.

The following NSP items ARE SPECIFICALLY EXCLUDED from any order issued under this CMAS:

1. Items not intended for use in direct support of the priced items included in the same order.

An NSP item must be subordinate to the specifically priced item that it is supporting. For example, a cable, which is not otherwise specifically priced in the base contract is subordinate to a specifically priced printer and is eligible to be an NSP item subject to that cable meeting the remaining NSP requirements. However, a printer that is not otherwise specifically priced in the base contract is not subordinate to a specifically priced cable and is not eligible to be an NSP item.

2. Supply type items, except for the minimum amount necessary to provide initial support to the priced items included in the same order.

3. Any other item or class of items specifically excluded from the scope of this CMAS.

4. Public Works services NOT incidental to the overall project requirements.

5. Installation Services

6. Products or services the contractor is NOT factory authorized or otherwise certified or trained to provide.

The contractor is required to reject purchase orders containing NSP items that do not comply with the above requirements. The contractor will promptly notify the agency issuing the noncompliant order of its rejection and the reasons for its rejection.

STATE AND LOCAL GOVERNMENTS CAN USE CMAS
State and local government agency use of CMAS is optional. A local government is any city, county, city and county, district, or other local governmental body or corporation, including Universities of California, California State Universities, K-12 schools, and community colleges empowered to expend public funds. While the State makes this CMAS available, each local government agency should make its own determination whether the CMAS program is consistent with its procurement policies and regulations.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
SHAW INTEGRATED AND TURF SOLUTIONS, INC.

CMAS NUMBER 4-24-09-1049
October 4, 2023 Ordering Instructions and Special Provisions 16 PCC 10298 allows any city, county, city and county, district, or other local governmental body or corporation empowered to expend public funds to contract with suppliers awarded CMAS without further competitive bidding. See complete PCC 10298 language at the California Legislative Information website.

PCC 10299 allows any school district empowered to expend public funds to utilize CMAS without further competitive bidding. See complete PCC 10299 language at the California Legislative Information website.

SELF-DELETING BASE CONTRACT TERMS AND CONDITIONS
Instructions or terms and conditions that appear in the Special Items or other provisions of the base contract and apply to the purchase, license, or rental (as applicable) of products or services by the US Government in the United States and/or to any overseas location shall be self-deleting. (Example: "Examinations of Records" provision).

Federal regulations and standards, such as Federal Acquisition Regulation, Federal Information Resources Management Regulation, Federal Information Processing Standards, General Services Administration Regulation, or Federal Installment Payment Agreement shall be self-deleting.

Federal blanket orders and small order procedures are not applicable.

ORDER OF PRECEDENCE
The CMAS Terms and Conditions take precedence if there is a conflict between the terms and conditions of the contractor's base contract, packaging, invoices, catalogs, brochures, technical data sheets, or other documents (see CMAS Terms and Conditions, CONFLICT OF TERMS).

APPLICABLE CODES, POLICIES AND GUIDELINES
All California codes, policies, and guidelines are applicable. The use of CMAS does not relieve state agencies of their responsibility to meet statewide requirements regarding contracting or the procurement of goods or services. Most procurement and contract codes, policies, and guidelines are incorporated into CMAS agreements; however, there is no guarantee that every requirement that pertains to all State processes has been included.

PAYMENTS AND INVOICES

1. Payment Terms
Payment terms for this CMAS are net 45 days.

Payment will be made in accordance with the provisions of the California Prompt Payment Act, GC 927. Unless expressly exempted by statute, the Act requires State agencies to pay properly submitted, undisputed invoices not more than 45 days after (1) the date of acceptance of goods or performance of services; or (2) receipt of an undisputed invoice, whichever is later.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
SHAW INTEGRATED AND TURF SOLUTIONS, INC.

CMAS NUMBER 4-24-09-1049
October 4, 2023 Ordering Instructions and Special Provisions 17

2. Payee Data Record (Standard 204)
State Agencies must obtain a copy of the Payee Data Record (Standard 204) in order to process payments. State Ordering Agencies must forward a copy of the Standard 204 to their accounting offices. Without the Standard 204, payment may be unnecessarily delayed. State Agencies should contact the CMAS contractor for copies of the Payee Data Record.

3. DGS Administrative and Incentive Fees
Orders from State Agencies:

DGS will bill each State agency directly an administrative fee for use of CMAS. The administrative fee should NOT be included in the order total or remitted before an invoice is received from DGS. This administrative fee is waived for CMAS purchase orders issued to California certified small businesses.

Orders from Local Government Agencies:

CMAS contractors, who are not California certified small businesses, are required to remit to DGS an incentive fee equal to a percentage of the total of all local government agency orders (excluding sales tax and shipping) placed against their CMAS.

The incentive fee is waived for CMAS purchase orders issued to California certified small businesses.

For more information on the incentive fees see the CMAS Management Guide.

4. Contractor Invoices
Unless otherwise stipulated, the CMAS contractor must send their invoices to the agency address set forth in the purchase order. Invoices shall be submitted in triplicate and shall include the following:

CMAS number
Agency purchase order number
Agency Bill Code (State Only)
Line item number
Unit price
Extended line item price
Invoice total
State sales tax and/or use tax shall be itemized separately and added to each invoice as applicable.

The company name on the CMAS, purchase order and invoice must match, or the State Controller’s Office will not approve payment.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
SHAW INTEGRATED AND TURF SOLUTIONS, INC.

CMAS NUMBER 4-24-09-1049
October 4, 2023 Ordering Instructions and Special Provisions 18

5. Advance Payments
Advance payment is allowed for services only under limited, narrowly defined circumstances, i.e., between specific departments and certain types of non-profit organizations, or when paying another government agency (GC 11256 through 11263 and 11019).

It is NOT acceptable to pay in advance, except software maintenance and license fees, which are considered a subscription and may be paid in advance if a provision addressing payment in advance is included in the purchase order.

Software warranty upgrades and extensions may also be paid for in advance, one time.

6. Credit Card
The CMAS contractor accepts the State of California credit card (VISA CAL-Card).

A purchase order is required even when the ordering department chooses to pay the CMAS contractor via the CAL-Card.

7. Leasing/Financing
California State Agencies should use the Golden State Financial Marketplace (GS SMart) program for all financing and leasing needs. California Local Government Agencies (counties, cities, K-12 school districts, community colleges, California State Universities, Universities of California, etc.) may utilize the GS SMart program for financing and leasing according to PCC 14937. The minimum dollar amount for Local Government Agency financing and leasing is $100,000.

8. Leasing
The State reserves the right to select the form of payment for all procurements, whether it is an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS SMart and/or Lease SMart). If payment is via the financial marketplace, the CMAS contractor will invoice the State and the State will approve the invoice. The selected Lender/Lessor for all product listed on the State’s procurement document will pay the supplier on behalf of the State. Buyers may contact the GS SMart Unit via e-mail at [email protected] for further information.

OBTAINING COPY OF CMAS
A copy of this CMAS can be obtained at Cal eProcure. Links to the CMAS terms and conditions and base contract are available on the front page of this CMAS agreement.

It is important for the agency to confirm that the required products, services, and prices are included in the CMAS and are at or below base contract rates. To streamline verification that the needed items are in the base contract, the agencies should ask the CMAS contractor to identify the specific location in the base contract that include the required products, services, and prices.

Once verified, agencies should save the information for their file documentation.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
SHAW INTEGRATED AND TURF SOLUTIONS, INC.

CMAS NUMBER 4-24-09-1049
October 4, 2023 Ordering Instructions and Special Provisions 19

FEDERAL DEBARMENT
When federal funds are expended, the agency is required to obtain (retain in file) a signed “Federal Debarment” certification from the CMAS contractor before the purchase order is issued. This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants; responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211).

CONTRACTOR TRAVEL
The Travel provision is not applicable to this CMAS.

AMERICANS WITH DISABILITY ACT
To view the DGS Accessibility Policy, please visit the DGS website.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
SHAW INTEGRATED AND TURF SOLUTIONS, INC.

CMAS NUMBER 4-24-09-1049
October 4, 2023 Ordering Instructions and Special Provisions 20 Information Regarding the Purchase and Installation of Floor Coverings A contract for the purchase and installation of carpet and other floor coverings is a public works contract as defined in Section 1101 of the Public Contract Code and, as such, requires certain special conditions.

A state agency may not contract for the installation of carpet in a building (a capital improvement to the building) that is not owned by the state. Carpet in leased facilities must be provided by the lessor and is accounted for in the lease agreement and rate. Users should contact the building manager and or the building owner when carpet is required.

A supplier or installer of carpet must be licensed by the State Contractors’ Licensing Board with a C-15 Flooring and Floor Covering license which is current and in good standing. The supplier must provide the license number and expiration date for themselves and for all subcontractors providing installation services. This information shall be provided by the supplier on the “Contractors’ License Requirements” form (see attached Sample A), which must be attached to each resulting carpet order. A subcontractor is defined as anyone who will perform work, labor, or render services in an amount in excess of one-half of one percent of the total order. Each subcontractor’s business address and the portion of work that each will perform shall also be included on this form.

If the contract amount exceeds $5,000 (labor/installation costs), the supplier must furnish a payment bond (Std. 807 - see attached Sample B) prior to the commencement of performance.

The payment bond shall be in a sum not less than one hundred percent (100%) of the contract price. A blank copy of the Std. 807 form shall be provided to the supplier. In addition, the awarding agency must notify the contractor that the contract is subject to state contractor nondiscrimination and compliance requirements (see paragraph 42 of the CMAS Terms and Conditions).

The prevailing wage requirements apply and a list of prevailing wage rates must be available for inspection. It is the ordering agency’s responsibility to provide a copy of the prevailing wage rates to the contractor. The prevailing wage rates are available from the Department of Industrial Relations, Prevailing Wage Unit at www.dir.ca.gov (select Statistics & Research) or at (415) 703- 4774.

Agencies should be aware that there are certain requirements that pertain to floor coverings included in the Americans with Disabilities Act of 1992 (ADA). Some of these requirements pertain to carpet pile height (not to exceed 1/2” in height), fastening exposed carpet edges to floor, and changes in floor level not to exceed 1/2” beveled. It is the responsibility of the agency to comply with these requirements. Detailed information relative to carpet installation and ADA requirements can be obtained from the State Architect, Access Compliance Unit, at (916) 445-7523.

Agencies should be aware that old flooring material (tiles, glues, cove base, etc.) may contain asbestos and could present significant problems in the removal of old flooring material and in the installation of new carpet. Users should determine the presence or absence of asbestos containing material in their existing flooring materials and act accordingly before placing orders for carpet.

It is strongly recommended that new carpet not be installed over existing carpet due to potential conflicts with the Americans with Disabilities Act, and various fire, health and safety codes.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
SHAW INTEGRATED AND TURF SOLUTIONS, INC.

CMAS NUMBER 4-24-09-1049
October 4, 2023 Ordering Instructions and Special Provisions 21 The moisture content of the slab over which the carpet is to be installed must be within the limits allowed by the carpet manufacturer and/or glue manufacturer. The testing of slab moisture content can be performed by either the agency ordering the carpet or by the carpet supplier.

The agency should provide for a site inspection prior to issuing an order for the carpet desired and should use a checklist similar to the one attached (see attached Sample C). Additions, changes, modifications to the checklist should be made as necessary. The agency should inspect and monitor the progress of the installation to prevent problems.

The prime responsibility for contract performance rests with the contract holder, who shall be the primary contact point for problem resolution. This contract is structured such that the user may purchase carpet only or carpet installed from the supplier. In no case is the supplier allowed to deny installation of the carpet selected by any user for any location. Installation services may not exceed an amount equal to the cost of the carpet and, when identified, will be paid for in the cost of the CMAS order. Typically, the price schedule will contain pricing for “clean floor” (new) installation only. However, agencies may use the Not Specifically Priced (NSP) provision for “unclean floor” installation services, as well as products. The total dollar value of all installation services, on clean and/or unclean surfaces, using line item and/or NSP pricing, must not exceed 50% of the order’s total value.

The cost of installation and any ancillary supplies/services is not included in the base price of the carpet and may be obtained from the price schedule if listed, or can otherwise be included via the NSP provision.

It is incumbent upon the user to identify whether the costs for installation and other requirements are fair and equitable. The following chart is provided to give an approximation of the costs for installation in several typical state locations.

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
SHAW INTEGRATED AND TURF SOLUTIONS, INC.

CMAS NUMBER 4-24-09-1049
October 4, 2023 Ordering Instructions and Special Provisions 22

ESTIMATED CARPET INSTALLATION COSTS
(NOTE: THESE ARE APPROXIMATIONS ONLY, NOT ACTUAL CONTRACT INSTALLATION PRICES. DOES NOT INCLUDE COST OF NEW CARPET.)

BASED ON WEEKDAY INSTALLATION, NORMAL WORKING HOURS, PREVAILING WAGE, NO

UNIQUE CONDITIONS
Description Of Installation Estimated Installation Cost (per square yard)
General Office Space
New Construction
Clean Floor
Install New Carpet Direct Glue Down or Full Spread Release Adhesive Non-Patterned Carpet
Broadloom $4.00
Modular (Tile) $4.00
General Office Space
No Furniture Moving
Remove Old Direct Glue Carpet
Install New Carpet Direct Glue Down or Full Spread Release Adhesive Non-Patterned Carpet
Broadloom $5.00
Modular (Tile) $5.00
General Office Space
Moving of Conventional Furniture
Remove Old Direct Glue Carpet
Install New Carpet Direct Glue Down or Full Spread Release Adhesive Non-Patterned Carpet
Broadloom $10.00
Modular (Tile) $10.00
General Office Space
Moving of Modular (Panels And Components) Furniture
Remove Old Direct Glue Carpet
Install New Broadloom Carpet Direct Glue Down
Non-Patterned Carpet
Broadloom $5.00
Plus $300.00-$400.00 Per Workstation
General Office Space
Lifting of Modular (Panels And Components) Furniture
Remove Old Direct Glue Carpet
Install New Modular Carpet Full Spread Release Adhesive Modular (Tile) $11.00