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Agenda packet

El Cerrito City Council
August 18, 2026

Document
Agenda packet
Meeting
August 18, 2026
Body
El Cerrito City Council
Pages
11
Original file
16.2 MB
Text extracted from the city's file for reading and search. Open the original on elcerritoca.api.civicclerk.com. That file is the official record.

Mayor Councilmembers
Gabe Quinto William Ktsanes
Mayor Pro Tem Lisa Motoyama
Rebecca Saltzman AGENDA Carolyn Wysinger

Page 1 of 5 ends

This information can be interpreted for you free of charge. Visit City Hall at 10890 San Pablo Ave., El Cerrito, CA 94530 or learn more at www.elcerrito.gov/LanguageAccess

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TUESDAY, AUGUST 18, 2026
SPECIAL CITY COUNCIL MEETING (5:00 PM)
Hillside Conference Room - 10890 San Pablo Ave, El Cerrito Join Via Zoom:
https://us06web.zoom.us/j/87162135998?pwd=nUWSPhIB6oPnpU3ABm6C3IqquV7DuD.1 Meeting ID: 871 6213 5998 Password: 827477 Dial in: 1-408-638-0968 REGULAR CITY COUNCIL MEETING (6:00 PM)
Council Chambers - 10890 San Pablo Ave, El Cerrito
Join Via Zoom:
https://us06web.zoom.us/j/81088838800?pwd=ace6dIhueQcnijOqaxappuCsubSbi6.1 Meeting ID: 810 8883 8800 Passcode: 176681 Dial in: 1-408-638-0968 View (Regular Meeting Only):

1. Cable T.V. Broadcast on KCRT Channel 28

2. Livestream Online at www.elcerrito.gov/MeetingsandAgendas Public Comments:

1. In-person, by submitting a request to speak to the City Clerk.

2. Via Zoom, using the "Raise Hand" feature to request to speak.

3. By phone, dialing *9 to "raise your hand", and *6 to unmute.

4. Online, using the "Submit Comments" feature on the meeting event.

5. Via email to [email protected] indicating Public Comments – Agenda Item #.

Written comments received by 11:00 AM the day of the meeting will be provided to the City Council and posted online in advance of the meeting. Comments received after the deadline will be provided to the City Council and posted after the meeting.

Accommodations: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at 510- 215-4305. Notification 48 hours prior to the meeting will enable the City to make reasonable accommodations. Closed Captions are available via zoom.

Conduct: This meeting is held pursuant to City Council Rules of Order and Procedure.

Agenda Packet Page 1 of 215
Mayor Councilmembers
Gabe Quinto William Ktsanes
Mayor Pro Tem Lisa Motoyama
Rebecca Saltzman AGENDA Carolyn Wysinger

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5:00 PM ROLL CALL - CONVENE SPECIAL CITY COUNCIL MEETING

1. ORAL COMMUNICATIONS FROM THE PUBLIC
All persons wishing to speak should sign up with the City Clerk. Remarks are typically limited to 3 minutes per person and to items on the special meeting agenda only.

2. COMMISSION INTERVIEWS, STATUS AND APPOINTMENTS
Action Proposed: Staff requests that City Council conduct interviews and, at the conclusion of interviews, confer with staff regarding the ongoing recruitments, any remaining vacancies, and the scheduling of further special meetings to conduct interviews (if applicable). Council may decide to make appointments at the conclusion of the meeting.

Contact: Holly M. Charléty, City Clerk, City Management

3. CLOSED SESSION CONFERENCE WITH NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: Karen Pinkos, City Manager; Alexandra Orologas, Assistant City Manager; Shannon Bassi, Senior Human Resources Analyst; Glenn Berkheimer, Labor Negotiator; and Sky Woodruff, City Attorney.

Employee Organizations: Police Employees Association (PEA); and Public Safety Managment Association (PSMA)
Contact: Sky Woodruff, City Attorney, City Management

4. ADJOURN SPECIAL CITY COUNCIL MEETING
6:00 PM ROLL CALL – CONVENE REGULAR CITY COUNCIL MEETING

1. PLEDGE OF ALLEGIANCE TO THE FLAG OR OBSERVATION OF A

MOMENT OF SILENCE

2. TELECONFERENCE AND PUBLIC COMMENT INSTRUCTIONS

3. COUNCIL/STAFF COMMUNICATIONS
Reports of closed session, commission appointments and informational reports on matters of general interest which are announced by the City Council and staff.

Agenda Packet Page 2 of 215
Mayor Councilmembers
Gabe Quinto William Ktsanes
Mayor Pro Tem Lisa Motoyama
Rebecca Saltzman AGENDA Carolyn Wysinger

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4. ORAL COMMUNICATIONS FROM THE PUBLIC
Remarks are typically limited to 3 minutes per person. The Mayor may reduce the time limit per speaker depending upon the number of speakers and may limit the total time for public comment to facilitate the completion of business on the agenda. Comments regarding non-agenda, presentation and consent calendar items will be heard first.

Comments related to items appearing on the Public Hearing or Policy Matter portions of the Agenda will be heard prior to the City Council taking action on each item.

5. PRESENTATIONS
A. Bay Area Rapid Transit (BART) Alternative Service Plan Presentation
Action Proposed: Receive and file a presentation from BART on their Alternative Service Plan.

Contact: Henry Symons, Principal Government and Community Relations Representative, BART
B. El Cerrito Fire Safe Council
Action Proposed: Receive and file a brief presentation from the El Cerrito Fire Safe Council on the award of a PG&E Grant
Contact: Eric Saylors, Fire Chief, Fire Department

6. ADOPTION OF THE CONSENT CALENDAR
All items on the consent calendar shall be acted upon in one motion, unless a member of the City Council or staff request separate consideration.

A. Advisory Body Youth Member End of Service Reflection Action Proposed: Receive and file a written reflection on youth participation on the Environmental Quality Committee.

Contact: Holly M. Charlety, City Clerk, City Management B. Monthly Disbursement and Check Register Report for July 2026 Action Proposed: Receive and file the Monthly Disbursement and Check Register Report for the month of July 2026.

Contact: Crystal Reams, Finance Director/City Treasurer, Finance Department
Agenda Packet Page 3 of 215
Mayor Councilmembers
Gabe Quinto William Ktsanes
Mayor Pro Tem Lisa Motoyama
Rebecca Saltzman AGENDA Carolyn Wysinger

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C. Amendment to the Joint Exercise of Powers Agreement forming the West Contra Costa Integrated Waste Management Authority Action Proposed: Adopt a resolution approving the First Amendment to the Fifth Amended and Restated Joint Exercise of Powers Agreement for the West Contra Costa Integrated Waste Management Authority, to which the City of El Cerrito is a party, and authorizing the Mayor to execute the Amendment to change the Fiscal Year from July 1 through June 30 to January 1 through December 31, commencing January 1, 2027.

Contact: Christina Leard, Acting Senior Management Analyst and Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
D. Authorization To Enter Into A Purchase Agreement With Glasdon, Inc. For Twenty-Six Trash Recycling Cans
Action Proposed: Adopt a resolution authorizing the City Manager to enter into a purchase agreement with Glasdon, Inc. for an amount not to exceed $54,000 for the purchase of twenty-six trash recycling cans to be installed along San Pablo Avenue, the Ohlone Greenway, and parks around the City.

Contact: Christina Leard, Acting Senior Management Analyst; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department E. Agreement with Powers Forestry LLC for the Hillside Natural Area Quarry Hill Fire Fuel Reduction Project, G3012
Action Proposed: Adopt a resolution authorizing the City Manager to execute an agreement with Powers Forestry LLC to provide invasive tree removal services for the Hillside Natural Area Quarry Hill Fire Fuel Reduction Project, G3012 in the amount of $424,500, including a contingency amount not to exceed $24,865.

Contact: Stephen Prée, Environmental Programs Manager; Karineh Samkian, Senior Program Manager; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
F. Authorization To Enter Into a General Services Agreement With Knorr Systems, Inc. for Swim Center Maintenance, On-Call Services, and Chemicals
Agenda Packet Page 4 of 215
Mayor Councilmembers
Gabe Quinto William Ktsanes
Mayor Pro Tem Lisa Motoyama
Rebecca Saltzman AGENDA Carolyn Wysinger

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Action Proposed: Adopt a resolution authorizing the award of a General Services Agreement to Knorr Systems, Inc. (KSI) for quarterly equipment maintenance, on-call repair services, and the purchase of pool chemicals, equipment and parts for the El Cerrito Swim Center based on the firm's specialized experience and expertise, use of proprietary equipment and systems, and participation in Sourcewell Contract No. 012226-AQUA; and authorizing the City Manager to execute the contract in a not-to-exceed amount of $105,000 for Fiscal Year 2026-27 for a total contract not-to-exceed amount of $487,305 over the full four-year contract term.

Contact: Chris Jones, Recreation Director, Recreation Department

7. PUBLIC HEARINGS

8. POLICY MATTERS
A. Adoption of Memorandum of Understandings between the City of El Cerrito and the El Cerrito Public Safety Management Association - Police Chief Unit and Fire Chief Unit
Action Proposed: Adopt a resolution approving agreements between the City of El Cerrito and the El Cerrito Public Safety Management Association - Police Chief Unit (PSMA - Police Chief Unit) and Fire Chief Unit (PSMA - Fire Chief Unit) modifying language on salaries and benefits and creating new Memorandums of Understanding, amending the City's salary schedule, and appropriating additional funds from the General Fund unassigned balance for FY 2026-27 in the amount of $71,643 for increased salary costs.

Contact: Shannon Bassi, Human Resources Manager, City Manager's Office

9. CITY COUNCIL LOCAL & REGIONAL LIAISON ASSIGNMENTS
Mayor and City Council communications regarding local and regional liaison assignments, committee reports, and any required reporting under AB 1234 for meetings (as defined by the Brown Act) attended at the public's expense.

10. ADJOURN REGULAR CITY COUNCIL MEETING
The next regularly scheduled City Council meeting is Tuesday, September 15, 2026 at 6:00 p.m.

The City of El Cerrito serves our diverse community by providing exceptional services that create a safe and resilient future for all.

Agenda Packet Page 5 of 215

AGENDA BILL
Agenda Item No. 2.

Date: August 18, 2026
To: El Cerrito City Council
From: Holly M. Charléty, City Clerk, City Management
Subject: COMMISSION INTERVIEWS, STATUS AND APPOINTMENTS

ACTION PROPOSED
Staff requests that City Council conduct interviews and, at the conclusion of interviews, confer with staff regarding the ongoing recruitments, any remaining vacancies, and the scheduling of further special meetings to conduct interviews (if applicable). Council may decide to make appointments at the conclusion of the meeting.

BACKGROUND/ANALYSIS
City staff continues to publicize board, commission and committee vacancies as they occur. Vacancies are published on the City’s website and in the West County Times; posted at City Hall, the Community Center, the Library and other various locations throughout the City including Little Libraries. Staff continues to utilize the City Manager's Update, social media outlets, and press releases to increase awareness and opportunities for residents to participate by attending meetings and/or serving on a Board, Commission or Committee.

Interview Schedule
Interviews scheduled for this meeting are as follows:

Interview Time Applicant Interviewing for:
5:00 PM Erin Gillett Design Review Board
5:15 PM Arsh Hothi Design Review Board
5:30 PM Arsh Hothi Citizen Streets Oversight Committee
5:45 PM Council Discussion N/A
In addition to the interviews listed above, one additional applicant who interviewed on July 14, 2026 remains eligible and interested in serving.

AlisonTan Citizen Streets Oversight Committee

STRATEGIC PLAN CONSIDERATIONS
This action supports the City’s Strategic Plan Goal(s) of:
• High Performing Organization by increasing communication and public engagement to ensure access to services and promote community events.

Agenda Packet Page 6 of 215
Agenda Item No. 2.

ENVIRONMENTAL CONSIDERATIONS
This section is not applicable to this agenda item.

FINANCIAL CONSIDERATIONS
This section is not applicable to this agenda item.

LEGAL CONSIDERATIONS
This section is not applicable to this agenda item.

Reviewed by:

Attachments:

1. Commissioner Interview Worksheet

2. List of Pending Applications
Agenda Packet Page 7 of 215
Meeting Dates: 8/18/2026 Page 1 of 1

EL CERRITO BOARD AND COMMISSION APPOINTMENT WORKSHEET

SUBJECT TO CHANGE
CITIZEN STREET OVERSIGHT COMMITTEE (5 Seats)
Name Term Eligible Applicants
3/1/2026 - 3/1/2030 AlisonTan (interviewed on 7/14/2026) 1 existing vacancy Arsh Hothi (also pursuing DRB)
DESIGN REVIEW BOARD (3 Seats)
Name Term Eligible Applicants
3/1/2026 - 3/1/2030 Arsh Hothi (also pursuing CSOC)
3/1/2026 - 3/1/2030 Erin Gillett (currently serving on PC) DOA – 3/1/2027
Chuaqui termed out, 2 existing vacancies
Agenda Packet Page 8 of 215
Name Board Name Application Status Interview Date
Alison Tan Citizens Street Oversight Committee Active 07/14/2026 Arsh Hothi Citizens Street Oversight Committee Active 08/18/2026 Julie Jennings Civil Service Commission ActiveLillia Refes Civil Service Commission ActiveKatherine Kimsey Community Safety Committee ActiveTova Feldmanstern Community Safety Committee ActiveArsh Hothi Design Review Board Active 08/18/2026Erin Gillett Design Review Board Active 08/18/2026Beverly Green Economic Development Committee Active Jonathan Stern Economic Development Committee ActiveRahul Iyer Economic Development Committee ActiveSasha Hahn Environmental Quality Committee Active Julie Jennings Financial Advisory Board ActiveBeverly Green Human Relations Commission Active 1 of 1 8/13/2026, 1:45 PM
List of Pending Applications as of 8/13/2026
Agenda Packet Page 9 of 215
Grant Summary & Review
Rifle Range – Club View evacuation route fuel reduction and vegetation mitigation project
El Cerrito City Council Update
$15,000
California Fire Foundation
grant
PG&E-donated funds
16 Properties identified
for mitigation
12 Properties treated
within budget
March
Completed ahead of
schedule and under budget
Purpose
Clear vegetation
along evacuation
routes at the
wildland-urban
interface.

Focus routes:

Rifle Range Road,
Club View, and
Vista Road.

El Cerrito FireSafe Council Grant Summary 1
Agenda Item No. 5.B.

Agenda Packet Page 10 of 215
Rifle Range – Club View evacuation route
Project Area
El Cerrito FireSafe Council Grant Summary 2
Targeted roadside fuel
reduction was focused
where evacuation routes
meet the WUI.
• Rifle Range Road
• Club View
• Vista Road
• Evacuation route exit
points and nearby homes
Project intent
Reduce vegetation that
could restrict access, affect
evacuation movement, or
increase roadside fire
intensity.

Agenda Packet Page 11 of 215
Project management summary
Grant Scope & Delivery
El Cerrito FireSafe Council Grant Summary 3
A targeted, grant-funded mitigation project was delivered through property identification, homeowner outreach, and competitive bidding.
1 Funding awarded
August 2025: $15,000 grant
from California Fire
Foundation using PG&Edonated funds.
2 Properties identified
Fire Marshal Beckman
helped identify 16 properties
for mitigation.
3 Homeowner outreach
15 homeowners responded;
work proceeded on 12 due
mainly to budget limits.
4 Contractor selected
Bids solicited from five tree
service companies;
Heavenly Tree Service of
Concord was low bidder.

Delivery emphasis: highest-priority roadside hazards were addressed first while staying within a limited grant budget.

Agenda Packet Page 12 of 215
Canopy clearance and tree removal
Before / After: Wildcat & Rifle Range
El Cerrito FireSafe Council Grant Summary 4

BEFORE AFTER
Removed 2 Monterey pines and trimmed oak canopy to 14 ft above Rifle Range.

Agenda Packet Page 13 of 215
Powerline clearance and ladder-fuel reduction
Before / After: Vista Road
El Cerrito FireSafe Council Grant Summary 5

BEFORE AFTER
Removed five trees—3 pines and 2 redwoods—plus ladder fuel next to a large eucalyptus; also removed a branch overhanging a powerline.

Agenda Packet Page 14 of 215
Juniper removal along evacuation route
Before / After: Rifle Range
El Cerrito FireSafe Council Grant Summary 6

BEFORE AFTER
Removed highly flammable junipers adjacent to the Rifle Range evacuation route.

Agenda Packet Page 15 of 215
Large-tree removal supported by neighbors
Before / After: Club View
El Cerrito FireSafe Council Grant Summary 7

BEFORE AFTER
Removed a 120 ft eucalyptus and 2 Monterey pines with the financial contribution of two neighbors.
$6,500
contributed by two
properties
from $2,000 of
grant leverage
Agenda Packet Page 16 of 215
Project outcomes
Results & Council Takeaways
El Cerrito FireSafe Council Grant Summary 8
The grant produced direct roadside mitigation and encouraged additional voluntary mitigation by neighboring properties.
12 Properties treated
within grant budget
5 ft
All work performed
within five feet of
roadway
$6.5K
Additional neighbor
contribution leveraged
March
Completed ahead of
schedule and under budget
Scope completed
Work included limbing up, thinning
canopies, removing Monterey pines,
eucalyptus and juniper, trimming
shrubs/redwood sprouts, removing
ladder fuels, and clearing branches
overhanging a powerline.

Community multiplier
Four homeowners, Berkeley Country
Club, and Park Summit Homeowners
Association used the on-site tree
service to request or hire additional
mitigation work.

Future model
Small, targeted grants can reduce
roadside fuel hazards while
motivating property owners to
expand mitigation beyond the grant
scope.

Agenda Packet Page 17 of 215

AGENDA BILL
Agenda Item No. 6.A.

Date: August 18, 2026
To: El Cerrito City Council
From: Holly M. Charlety, City Clerk, City Management
Subject: Advisory Body Youth Member End of Service Reflection

ACTION PROPOSED
Receive and file a written reflection on youth participation on the Environmental Quality Committee.

BACKGROUND/ANALYSIS
On March 19, 2024 the City Council adopted Resolution 2024-16 implementing guidelines for Youth Participation on City Boards, Commissions, and Committees. The guidelines adopted by the City Council includes encouraging Youth members to evaluate and provide a presentation at a City Council meeting to share their experience at the end of their service.

Eleanor Pilling Chappelear was appointed by the Environmental Quality Committee on October 8, 2026 to serve as their Youth Member, and her service concluded on August 11, 2026. As Eleanor was not able to attend an upcoming Council meeting to present her experience, as an alternative she has provided a written reflection (Attachment 1) on her experience serving on the Environmental Quality Committee.

STRATEGIC PLAN CONSIDERATIONS
This action supports the City’s Strategic Plan Goal(s) of:
• High Performing Organization; and
• Community Safety; and
• Livability and Belonging; and
• Infrastructure and Amenities; and
• Environmental Sustainability.

ENVIRONMENTAL CONSIDERATIONS
This section is not applicable to this agenda item.

FINANCIAL CONSIDERATIONS
This section is not applicable to this agenda item.

LEGAL CONSIDERATIONS
This section is not applicable to this agenda item.

Agenda Packet Page 18 of 215
Agenda Item No. 6.A.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Youth Member Reflection
Agenda Packet Page 19 of 215
Dear Council,
For the past two years I have been very lucky to have the opportunity to be the EQC’s youth member. This is a reflection on, and thank you for, that experience.

From 2021 to 2023 I spent every Friday in front of city hall with a piece of cardboard demanding climate action. In many places that would be met with hostility, but El Cerrito is not many places, and my protest was met with an open door. I was invited to speak at an EQC meeting about my concerns and hopes about El Cerrito climate action. Chief of my demands that night was an update to the climate action plan (which was far beyond the committee’s powers though I did not particularly know or care). When that came to fruition and the CAAP update process began, the city opened their doors wider, inviting me to participate as a youth stakeholder advising the update. As that came to a close, the city opened this opportunity for youth to join advisory committees and I got to join the EQC.

Since joining the EQC I’ve gotten to see and work alongside extremely patiently committed members of my community as they try to do their part to help the city interface with and educate the community for climate action. The climate hasn’t gotten any better and the political backdrop of action has become ever more hostile. In the City of El Cerrito and in the EQC the will for action and change has not shifted or lessened, but strains in staffing and funding have bent and tamed ambitions. As a committee the steps we’ve taken have shifted as the resources allocated to our ambitions have shrunk.

When I first joined, the committee was organizing the sustainable transportation fair navigating the logistics of coordinating a public event. After the fair the committee began its planning for the next couple years and I got the chance to bring support for an environmental education initiative to the committee and council, and while it didn’t go as I hoped the experience taught me the degree of precision in communication necessary in policy. Carrying over those lessons, that letter paved the way for the committee’s successful advocacy for a letter of support from the city aiding the Electrify my Block program a few months later.

As I move into college and leave the committee and El Cerrito behind I am very grateful to the members of the committee and city staff (Christina!!!) who fought to allow me to join the committee and who stay committed to enabling and maintaining the pathways for direct public engagement and voice in local politics. Thank you.

Eleanor Pilling Chappelear
Agenda Packet Page 20 of 215

AGENDA BILL
Agenda Item No. 6.B.

Date: August 18, 2026
To: El Cerrito City Council
From: Crystal Reams, Finance Director/City Treasurer, Finance Department Subject: Monthly Disbursement and Check Register Report for July 2026

ACTION PROPOSED
Receive and file the Monthly Disbursement and Check Register Report for the month of July 2026.

BACKGROUND/ANALYSIS
California Government Code, Title 4. Government of Cities, Division 3, Part 3, Chapter 3, Section 41004 states, “Regularly, at least once each month, the city treasurer shall submit to the city clerk a written report and accounting of all receipts, disbursements, and fund balances. The city treasurer shall file a copy with the legislative body.” In addition, the City’s Comprehensive Financial Policy, Item 5.1 Accounting Standards indicates the City’s accounting and financial reporting systems shall be maintained in conformance with all state and federal laws.
• Month ending July 31, 2026, reflecting 335 Accounts Payable General Warrant Nos. 96734 through 97068, 37 Automated Clearing House/Electronic Funds Transfer (ACH/EFT) transactions, and 736 payroll-related checks and EFTs for a grand total of $17,472,097.62.
• Note - The annual CalPERS Unfunded Actuarial Liability (UAL) payment for fiscal year 2026-27 was prepaid in July for a total of $8,449,219 and the annual Municipal Pooling Authority (MPA) workers compensation and general liability premiums were also paid in July for a total of $3,825,756.69.

STRATEGIC PLAN CONSIDERATIONS
The City’s Comprehensive Financial Policy, which includes ensuring policies, procedures, and systems represent best practices in financial management, is aligned with requirements referenced in California Government Code, Title 4, Chapter 3, Section 41004.

This action supports the City’s Strategic Plan Goal(s) of:
• High Performing Organization by ensuring the City maintains a strong financial position and a high-preforming organization where employees feel a sense of inclusion and belonging.

Agenda Packet Page 21 of 215
Agenda Item No. 6.B.

ENVIRONMENTAL CONSIDERATIONS
This section is not applicable to this agenda item.

FINANCIAL CONSIDERATIONS
There is no fiscal impact associated with acceptance of the Monthly Disbursement and Check Register Report.

LEGAL CONSIDERATIONS
This section is not applicable to this agenda item.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Monthly Payment Register July 2026
Agenda Packet Page 22 of 215
Number Date Status Void Reason
Reconciled/
Voided Date Description Transaction Amount

96734 07/02/2026 Reconciled 07/08/2026 PROFESSIONAL SVCS 7/1/26-9/30/26 $ 6,049.50 96735 07/02/2026 Open BOUNCE HOUSE FOR 4TH OF JULY 1,790.00 96736 07/02/2026 Reconciled 07/06/2026 CITY OF EL CERRITO & WORLDONE 4TH OF JULY 2026 1,500.00 96737 07/02/2026 Reconciled 07/03/2026 4TH OF JULY CARNIVAL RIDES 2026 36,000.00 96738 07/02/2026 Reconciled 07/07/2026 4TH OF JULY WORLDONE STAGE 2026 3,500.00 96739 07/02/2026 Voided/Reissued Check was Lost 07/23/2026 704.00 96740 07/02/2026 Open 4TH OF JULY PRODUCTION SUPPORT 2026 572.00 96741 07/02/2026 Open 4TH OF JULY WORLDONE PERFORMER FINAL 2026 2,250.00 96742 07/02/2026 Reconciled 07/17/2026 4TH OF JULY PRODUCTION SUPPORT 2026 704.00 96743 07/02/2026 Reconciled 07/02/2026 CASH ADVANCE FOR 4TH OF JULY FESTICAL (EVENT CHANGE) 4,000.00 96744 07/02/2026 Reconciled 07/09/2026 4TH OF JULY SECURITY SERVICES 2026 4,050.00 96745 07/02/2026 Reconciled 07/08/2026 4TH OF JULY PERFORMANCE 2026 3,000.00 96746 07/02/2026 Reconciled 07/06/2026 4TH OF JULY PERFORMANCE 2026 3,000.00 96747 07/02/2026 Reconciled 07/07/2026 4TH OF JULY MAINTENANCE SUPPORT 2026 25,000.00 96748 07/02/2026 Reconciled 07/09/2026 4TH OF JULY PRODUCTION SUPPORT 2026 704.00 96749 07/02/2026 Reconciled 07/20/2026 4TH OF JULY PERFORMANCE 2026 600.00 96750 07/02/2026 Reconciled 07/20/2026 4TH OF JULY PRODUCTION SUPPORT 2026 704.00 96751 07/02/2026 Reconciled 07/06/2026 4TH OF JULY PRODUCTION SUPPORT 2026 572.00 96752 07/02/2026 Reconciled 07/07/2026 4TH OF JULY PERFORMANCE 2026 600.00 96753 07/02/2026 Reconciled 07/07/2026 4TH OF JULY STAGE SOUND 5,062.22 96754 07/02/2026 Reconciled 07/06/2026 4TH OF JULY PERFORMANCE 2026 3,000.00 96755 07/02/2026 Reconciled 07/22/2026 KFD 37 REPAIR POWER STEERING JUN 2026 1,474.22 96756 07/02/2026 Reconciled 07/07/2026 ERGO MOUSE AND ANTI-FAITGUE MAT FOR STAFF 335.34 96757 07/02/2026 Reconciled 07/06/2026 USED MOTOR OIL RECYCLING 6/18/26 153.00 96758 07/02/2026 Reconciled 07/13/2026 AT&T LAND TELEPHONE LINES 03/15/26 - 04/14/26 14,264.63 96759 07/02/2026 Reconciled 07/15/2026 HASEP/MASEP SPRING 2026 4,080.00 96760 07/02/2026 Open BALL2THRIVE SPRING MAY 2026 462.00 96761 07/02/2026 Reconciled 07/10/2026 ADULT KARATE CLASSES MAR-APRIL-MAY 2026 1,554.00 96762 07/02/2026 Reconciled 07/08/2026 FIRE EXTINGUISHER SERVICE 1/26/26 438.14 96763 07/02/2026 Reconciled 07/09/2026 MEDICAL SUPPLIES 6/11/26 22.39 96764 07/02/2026 Reconciled 07/09/2026 CORP YARD UNIFORMS WEEKLY RENTALS 331.81 96765 07/02/2026 Open MIXED PAPER + HDPE PLASTIC RECYCLING 5/26/26 393.36 96766 07/02/2026 Reconciled 07/10/2026 HP PLOTTER LEASE MAY 2026 158.56 96767 07/02/2026 Reconciled 07/07/2026 EBMUD 4/15/26-6/12/26 6,817.81 96768 07/02/2026 Reconciled 07/09/2026 CAFE COSTA CONTRIBUTION REIMBURSEMENT MAY 2026 725.00 96769 07/02/2026 Reconciled 07/16/2026 C3: SEMI-ANNUAL SMOG TEST 4,089.14 96770 07/02/2026 Reconciled 07/10/2026 SPORTS CAMP WK 1 2026 6/15-6/18/26 6,304.32 96771 07/02/2026 Reconciled 07/08/2026 CITYWIDE CUSTODIAL SUPPLIES 4/9/26 7,942.49 96772 07/02/2026 Reconciled 07/08/2026 YOUTH PICKLEBALL MAR-MAY 2026 1,155.00 96773 07/02/2026 Reconciled 07/09/2026 ON CALL SVC FOR STATION 52 ON 6/9/26 95.00 96774 07/02/2026 Reconciled 07/07/2026 FD TRUCK REPAIR #40 7,733.78 96775 07/02/2026 Reconciled 07/10/2026 GOVCLARITY ANNUAL SW LICENSE & MAIN 3/25/26-3/24/27 24,950.00 96776 07/02/2026 Reconciled 07/03/2026 YOUTH TENNIS CLASSES JUN 2026 21,291.24 96777 07/02/2026 Reconciled 07/09/2026 OFF THE BLOCK STEM SUMMER 2026 7,264.20 96778 07/02/2026 Reconciled 07/10/2026 DISCOVERY CAMP CHUCK E CHEESE FIELD TRIP 2,549.20 96779 07/02/2026 Reconciled 07/07/2026 GEOTECHNICIAL SERVICES THRU JUN 30 2026 FOR OESD 4,000.00 96780 07/02/2026 Reconciled 07/09/2026 CORP YARD OFFICE SUPPLIES DISH SOAP 418.62 96781 07/02/2026 Reconciled 07/10/2026 SERVICE IN WOMEN'S LOCKER ROOM FOR REC 265.00 96782 07/02/2026 Reconciled 07/08/2026 STAFF AUGMENTATION DEC 2025 2,473.75 96783 07/02/2026 Reconciled 07/07/2026 BUILDING SUPPLIES FOR COMM CTR 39.67 96784 07/02/2026 Reconciled 07/09/2026 CITY COUNCIL (LABOR) 5/29/26-5/31/26 16,403.30 96785 07/02/2026 Reconciled 07/10/2026 VOLP PHONE SERVICE FOR CITY STAFFS 5/14/26-6/13/26 4,515.88 96786 07/02/2026 Reconciled 07/10/2026 SHARKS & SIRENS SUMMER CAMP 2026 6/15-6/18/26 1,485.00 96787 07/02/2026 Reconciled 07/07/2026 STRENGTH AND BALANCE MAY 2026 1,344.00 City of El Cerrito
Payment Register
From Payment Date: 7/1/2026 - To Payment Date: 7/31/2026 Source Payee Name
Accounts Payable DAVIS, JAYDEN
Accounts Payable DE LA PAZ, LAYLO
Accounts Payable DUNIYA DANCE AND DRUM, LLC
Accounts Payable BRANDON, DANIEL
Accounts Payable CLASSIC AMUSEMENT LLC
Accounts Payable COREY JOHN MASON
AP-AP Check - Accounts Payable Checking Accoun
Check
Accounts Payable NBS
Accounts Payable ASTRO JUMP OF CONTRA COSTA
Accounts Payable QUIROZ, JENNIFER
Accounts Payable RADIO CAMP LLC
Accounts Payable RARICK, NICHOLAS
Accounts Payable MAHEALANI MIX, WALT
Accounts Payable MANNING MUSIC & ARTS INC.

Accounts Payable NATIVE SOIL INC.

Accounts Payable ESICO, SHARLEEN
Accounts Payable FRAZER, ELIZABETH
Accounts Payable J.A.V.S SECURITY SERVICE
Accounts Payable ASBURY ENVIRONMENTAL SERVICES
Accounts Payable AT&T DW HOLDINGS, INC
Accounts Payable ATHENA CODING LLC
Accounts Payable YONEMURA, PAUL ALLAN
Accounts Payable ALAMEDA COUNTY FIRE DEPARTMENT
Accounts Payable AMAZON CAPITAL SERVICES, INC.

Accounts Payable RODRIGUEZ, XOLANI
Accounts Payable RUIZ, JOSE, A
Accounts Payable Soundwizard Production, LLC
Accounts Payable EAST BAY BLUE PRINT & SUPPLY CO.

Accounts Payable EBMUD
Accounts Payable EHSD-CC SENIOR NUTRITION
Accounts Payable BOUNDTREE MEDICAL LLC
Accounts Payable CINTAS CORPORATION #054 UNIFORMS
Accounts Payable COMMUNITY CONSERVATION CENTERS, INC.

Accounts Payable BALL 2THRIVE BASKETBALL LLC
Accounts Payable BALTZ, LEONARD
Accounts Payable BAY CITIES PYROTECTOR, INC
Accounts Payable LIGHTBOX PARENT, L.P.

Accounts Payable MANQUEROS, MARK, MARCOS
Accounts Payable MCAVOY, IAN
Accounts Payable HIT ELITE LLC
Accounts Payable HONEY BUCKET
Accounts Payable J & O'S COMMERCIAL TIRE CENTER
Accounts Payable FLEET MANAGEMENT HOLDINGS, LLC
Accounts Payable FRIEDMAN, NORM
Accounts Payable HILLYARD
Accounts Payable REDWOOD PUBLIC LAW, LLP
Accounts Payable RINGCENTRAL, INC.

Accounts Payable SCHLANGER, APRIL, ADAIR
Accounts Payable OLIVERO PLUMBING
Accounts Payable PAKPOUR CONSULTING GROUP, INC.

Accounts Payable PASTIME HARDWARE
Accounts Payable MICHAEL'S TRANSPORTATION SERVICE , INC Accounts Payable NINYO & MOORE
Accounts Payable ODP BUSINESS SOLUTIONS, LLC
Accounts Payable SHAHKAR, MEHRAN
user: Cynthia Dominguez Pages: 1 of 8 Monday, August 10, 2026 Agenda Packet Page 23 of 215
Number Date Status Void Reason
Reconciled/
Voided Date Description Transaction Amount
City of El Cerrito
Payment Register
From Payment Date: 7/1/2026 - To Payment Date: 7/31/2026 Source Payee Name
96788 07/02/2026 Reconciled 07/08/2026 HR CONSULTING SERVICES MAY-JUN 2026 930.00 96789 07/02/2026 Reconciled 07/07/2026 SWITCH LICENSE AND 2ND POWER SUPPLY FOR STA 51 29,099.60 96790 07/02/2026 Reconciled 07/09/2026 COMM CENTER REC CENTER CONDUIT RELOCATE 4,052.98 96791 07/02/2026 Reconciled 07/09/2026 HAZARDOUS WASTE FOR REC INV 8014109089 - INV 90418 37.99 96792 07/02/2026 Reconciled 07/13/2026 SUSTAINABLE CONTRA COSTA PARTNERSHIP - 2026 3,000.00 96793 07/02/2026 Reconciled 07/07/2026 ASEP TALENTNOOK SUMMER 2026 4,078.80 96794 07/02/2026 Reconciled 07/08/2026 COMM CNTR FRONT DOOR 5/18/26 1,297.50 96795 07/02/2026 Reconciled 07/09/2026 BUILDING SUPPLIES FOR FD 549.17 96796 07/02/2026 Reconciled 07/07/2026 GASKET SUPPLY FOR LAUNDRY MACHINE 306.21 96797 07/02/2026 Reconciled 07/21/2026 REIMB FOR PARAMEDIC RECERTI. 250.00 96798 07/02/2026 Reconciled 07/07/2026 FIRE INSPECTOR 2A + 2B 6/1/26-6/5/26 1,033.06 96799 07/02/2026 Reconciled 07/06/2026 PER3 - CALPERS Longterm Care Ins 47.96 96800 07/02/2026 Reconciled 07/10/2026 MGT1 - FIRE DEPT MGMT GROUP 50.00 96801 07/02/2026 Reconciled 07/15/2026 MGT2 - SAFETY EMPLYEE MGMT GROUP 436.00 96802 07/02/2026 Reconciled 07/03/2026 DUE2 - FIRE ASSN DUES CK 675.00 96803 07/02/2026 Reconciled 07/28/2026 Payroll Deduction 1,383.70 96804 07/02/2026 Reconciled 07/09/2026 ACCD - Accidental Death & Dismembermt 52.50 96805 07/02/2026 Reconciled 07/23/2026 DUE1 - POLICE ASSN DUES 3,904.24 96806 07/02/2026 Reconciled 07/28/2026 DUE3 - EC PRO FIREFIGHTERS DUES 290.00 96807 07/02/2026 Reconciled 07/07/2026 COPE - VOLUNTARY COPE DEDUCTION* 1,936.61 96808 07/02/2026 Reconciled 07/08/2026 PAR - PARS - ARS 457* 6,625.50 96809 07/09/2026 Reconciled 07/21/2026 ARCH/ENGINEERING PLAN REVIEW SERVICES APR 2026 50,859.24 96810 07/09/2026 Reconciled 07/15/2026 Fiber from 51 to Richmond 5/25/26-6/24/26 664.48 96811 07/09/2026 Reconciled 07/14/2026 2026 SURFACE SEAL PROJECT APR 2026 1,049.58 96812 07/09/2026 Reconciled 07/14/2026 SWIM CENTER PROJECT APR 27 TO MAY 24 2026 564.25 96813 07/09/2026 Reconciled 07/13/2026 MEDICAL SUPPLIES 179.21 96814 07/09/2026 Reconciled 07/15/2026 GRANT WRITING & ADVOCACY SVCS JUN 2026 6,500.00 96815 07/09/2026 Reconciled 07/13/2026 LAPTOPS, DESKTOPS AND MONITORS 58,104.80 96816 07/09/2026 Reconciled 07/28/2026 RICHMOND ST COMPLETE STREETS DATA COLLECT. APR 2025 5,016.00 96817 07/09/2026 Reconciled 07/24/2026 FORENSICS 4/1/26-4/30/26 8,695.85 96818 07/09/2026 Reconciled 07/15/2026 AUDIT SVCS + CONTRACT SVCS - TRANSACTIONS TAX APR-JUN 2026 875.85 96819 07/09/2026 Reconciled 07/13/2026 OFF-SITE RECORDS STORAGE AND SERVICES 5/27/26-6/23/26 872.44 96820 07/09/2026 Reconciled 07/14/2026 FIRE UNIFORMS FOR STAFF 24,272.10 96821 07/09/2026 Reconciled 07/15/2026 OVERAGE CHARGE 2/1/26-4/30/26 4,836.37 96822 07/09/2026 Reconciled 07/30/2026 SPASP AFFORDABLE HOUSING 4/1/26-5/31/26 10,268.59 96823 07/09/2026 Reconciled 07/13/2026 ALP & COMM DEV MIGRATION PROJECT APR-MAYQuote No. Q-215674 2,520.00 96824 07/09/2026 Reconciled 07/16/2026 2022 FORD OIL CHANGE 5,037.88 96825 07/09/2026 Reconciled 07/13/2026 UNIFORM ITEMS 355.45 96826 07/09/2026 Reconciled 07/15/2026 BALER REPAIR PARTS - CONVEYER MOTOR BREAKER 13,723.25 96827 07/09/2026 Reconciled 07/17/2026 ARCH/ENGINEERING PLAN REVIEW SERVICES APR 2026 73,498.50 96828 07/09/2026 Reconciled 07/23/2026 PERMIT TECHNICIAN SERVICES MAY 2026 10,780.00 96829 07/09/2026 Reconciled 07/14/2026 WIRELESS PHONE BILL 3/20/26-4/19/26 12,038.79 96830 07/09/2026 Reconciled 07/15/2026 WIRELESS HEADSET FOR COMM DEV & PUBLIC WORKS STAFF 3,686.08 96831 07/09/2026 Reconciled 07/15/2026 PD SAFETY UNIFORMS 13,654.46 96832 07/09/2026 Reconciled 07/14/2026 AT&T WIRELESS BILL FOR CITY STAFF MAY-JUN 2026 576.34 96833 07/09/2026 Reconciled 07/16/2026 ORG CHART FOR PD 22.00 96834 07/09/2026 Reconciled 07/21/2026 FIELD TRAINING 6/22/26-6/26/26 408.00 96835 07/09/2026 Reconciled 07/15/2026 RANGE FEES 5/11/26 1,674.00 96836 07/09/2026 Reconciled 07/21/2026 PD SART EXAM MAY 2026 1,700.00 96837 07/09/2026 Reconciled 07/22/2026 FLAMENCO DANCE JUNE 2026 60.00 96838 07/09/2026 Reconciled 07/14/2026 MARKETING 5/3/26-5/30/26 35.00 96839 07/09/2026 Reconciled 07/15/2026 SHREDDING SVCS MAY 2026 254.59 96840 07/09/2026 Reconciled 07/16/2026 PD CLEAN UP 520.00 96841 07/09/2026 Reconciled 07/21/2026 PD 1ST YEAR LICENSE SOFTWARE FEE JAN 2026 3,427.13 96842 07/09/2026 Open SUMMER CAMP IMPROV SESSION #1 6/15-6/18/26 4,574.70 96843 07/09/2026 Reconciled 07/13/2026 SPORTS CAMP WK 2 2026 6/22-6/26/26 13,833.36 Accounts Payable TALENTNOOK INC.

Accounts Payable UNITED CALIFORNIA ACCESS & SECURITY
Accounts Payable UNIVERSAL BUILDING SERVICE
Accounts Payable ST. FRANCIS ELECTRIC
Accounts Payable STERICYCLE, INC.

Accounts Payable SUSTAINABLE CONTRA COSTA
Accounts Payable SHAW HR CONSULTING, INC.

Accounts Payable SSP DATA PRODUCTS
Accounts Payable FIRE ASSOCIATION
Accounts Payable FRANCHISE TAX BOARD
Accounts Payable LIFE INSURANCE OF NORTH AMERICA
Accounts Payable CALPERS LONG TERM CARE PROGRAM
Accounts Payable EL CERRITO FIRE DEPT MGMT GRP
Accounts Payable EL CERRITO PUBLIC SFTY EE MGMT
Accounts Payable WESTERN STATE DESIGN INC.

Accounts Payable BIRDSELL, ADAM
Accounts Payable CROOKS, JASON
Accounts Payable BAY AREA NEWS GROUP EAST BAY
Accounts Payable BKF ENGINEERS
Accounts Payable BOUNDTREE MEDICAL LLC
Accounts Payable U.S. BANK - INSTITUTIONAL TRUST - W REGION Accounts Payable 4LEAF, INC.

Accounts Payable AT&T DW HOLDINGS, INC
Accounts Payable POLICE ASSN.

Accounts Payable PRO FIREFIGHTERS ASSN DUES
Accounts Payable SEIU LOCAL 1021
Accounts Payable L.N. CURTIS & SONS
Accounts Payable RICOH USA, INC
Accounts Payable STRATEGIC ECONOMICS
Accounts Payable FORENSIC SERVICES DIVISION
Accounts Payable HdL Companies
Accounts Payable IRON MOUNTAIN
Accounts Payable CALIFORNIA PUBLIC POLICY GROUP INC.

Accounts Payable DELL MARKETING L.P.

Accounts Payable Dixon Resources Unlimited
Accounts Payable VERIZON WIRELESS
Accounts Payable VOIP SUPPLY, LLC
Accounts Payable ACE UNIFORMS LLC
Accounts Payable Total Industries
Accounts Payable TRB AND ASSOCIATES, INC.

Accounts Payable Urban37, Inc.

Accounts Payable SUPERION, LLC
Accounts Payable Tecknica Auto, Inc.

Accounts Payable THE ED JONES COMPANY
Accounts Payable COOPERATIVE PERSONNEL SERVICES
Accounts Payable CORODATA SHREDDING INC.

Accounts Payable CRIME SCENE CLEANERS, INC.

Accounts Payable CITY OF FAIRFIELD
Accounts Payable CONTRA COSTA COUNTY HEALTH SERVICES DEPT Accounts Payable COOKE, JOANNE
Accounts Payable AT&T MOBILITY NATIONAL ACCOUNTS, LLC
Accounts Payable BADGE FRAME, INC.

Accounts Payable CCCSO LAW ENFORCEMENT TRAINING
Accounts Payable DATA TICKET, INC.

Accounts Payable ENGBERG, GERI
Accounts Payable FRIEDMAN, NORM
user: Cynthia Dominguez Pages: 2 of 8 Monday, August 10, 2026 Agenda Packet Page 24 of 215
Number Date Status Void Reason
Reconciled/
Voided Date Description Transaction Amount
City of El Cerrito
Payment Register
From Payment Date: 7/1/2026 - To Payment Date: 7/31/2026 Source Payee Name
96844 07/09/2026 Open OPEN CERAMICS MON INTRO HANDBUILDING 996.00 96845 07/09/2026 Reconciled 07/14/2026 ADULT BALLET JUNE 2026 244.80 96846 07/09/2026 Reconciled 07/13/2026 OPEN CERAMICS TH JUNE 2026 413.40 96847 07/09/2026 Reconciled 07/13/2026 HATHA YOGA/ROLL STRETCH JUNE 2026 1,230.00 96848 07/09/2026 Reconciled 07/13/2026 AIKIDO JUNE 2026 330.00 96849 07/09/2026 Reconciled 07/23/2026 BRIDGE MAY - JUNE 2026 669.00 96850 07/09/2026 Reconciled 07/15/2026 ACID + SODIUM HYPO and MAINTENANCE 10,247.77 96851 07/09/2026 Reconciled 07/20/2026 OPEN CERAMICS + INTRO HANDBUILDING JUN 2026 873.30 96852 07/09/2026 Reconciled 07/14/2026 REFUND FOR CANCELED PERMIT PW26-0409 2,407.00 96853 07/09/2026 Reconciled 07/15/2026 CAR #31 PROGRAM CHANGE 140.00 96854 07/09/2026 Reconciled 07/15/2026 YOUTH TENNIS CAMP 2 JUN 22-26 2026 8,450.00 96855 07/09/2026 Reconciled 07/20/2026 OFF THE BLOCK STEM SUMMER SESSION #2 2026 7,013.49 96856 07/09/2026 Reconciled 07/15/2026 EC-Life, LTD/STD, Addl Life 03-26 31,874.10 96857 07/09/2026 Reconciled 07/14/2026 CERRITO VISTA TENNIS COURT APR 2026 1,300.26 96858 07/09/2026 Reconciled 07/14/2026 SCANDINAVIAN FOLK DANCING JUN 2026 58.59 96859 07/09/2026 Reconciled 07/17/2026 OFFICE SUPPLIES FOR PD 216.06 96860 07/09/2026 Reconciled 07/29/2026 REPAIRS AT STA 52 1,478.58 96861 07/09/2026 Reconciled 07/16/2026 ZUMBA JUNE 2026 4,418.55 96862 07/09/2026 Reconciled 07/17/2026 WOMEN'S WORKOUT JUN 2026 643.20 96863 07/09/2026 Reconciled 07/15/2026 SUMMER CAMP SESSION #2 6,380.40 96864 07/09/2026 Reconciled 07/13/2026 STRENGTH AND BALANCE JUN 2026 1,446.00 96865 07/09/2026 Reconciled 07/15/2026 ART & CULTURE COMMISSION MINI GRANT AT THE ANNEX 2026 2,000.00 96866 07/09/2026 Reconciled 07/16/2026 YOUTH SOCCER SPRING 2026 3,368.40 96867 07/09/2026 Reconciled 07/14/2026 CHEMICALS EMERGENCY CALL +JUNE SVCS 4,180.55 96868 07/09/2026 Reconciled 07/16/2026 DISABILITY ACCESS & EDU FEE FOR Q2 2026 83.60 96869 07/09/2026 Open DRUCKER LEADERSHIP COURSE 5/30/26-6/13/26 750.00 96870 07/09/2026 Reconciled 07/14/2026 OTHER TECHNICAL SVCS LICENSING & MAINT. AGREEMENT 7/1/26-6/30/27 18,306.03 96871 07/09/2026 Reconciled 07/17/2026 NEW OWRLD ERP RENEWAL 7/1/26-6/30/27 59,767.32 96872 07/16/2026 Reconciled 07/21/2026 PER3 - CALPERS Longterm Care Ins 47.96 96873 07/16/2026 Reconciled 07/23/2026 DEN1 - Dental 1* 19,192.95 96874 07/16/2026 Reconciled 07/21/2026 DUE4 - UNION LOCAL 1230 6,006.72 96875 07/16/2026 Reconciled 07/23/2026 K1 - Kaiser 1* 287,962.25 96876 07/16/2026 Reconciled 07/23/2026 LEGL - PRE-PAID LEGAL SRVC 124.60 96877 07/16/2026 Reconciled 07/28/2026 FHEA - Fire Health Savings Acct 18,700.00 96878 07/16/2026 Reconciled 07/21/2026 COPE - VOLUNTARY COPE DEDUCTION* 1,972.87 96879 07/16/2026 Reconciled 07/23/2026 PAR - PARS - ARS 457* 8,167.77 96880 07/16/2026 Reconciled 07/21/2026 ARCH/ENGINEERING/SOLAR PLAN REVIEW SVCS JUNE 2026 4,263.40 96881 07/16/2026 Reconciled 07/22/2026 PUBLIC TREE MAINTENANCE SERVICES MAY 2026 6,335.12 96882 07/16/2026 Reconciled 07/29/2026 E352 ANNUAL SERVICES JUN 2026 31,253.57 96883 07/16/2026 Reconciled 07/23/2026 ACADEMY SUPPLIES FOR FD 161.33 96884 07/16/2026 Reconciled 07/23/2026 PROPANE FOR FRKLIFTS JUNE 2026 1,450.98 96885 07/16/2026 Reconciled 07/22/2026 PUBLIC HEARINGS JUNE 2026 301.92 96886 07/16/2026 Reconciled 07/24/2026 CORP YARD UNIFORMS WEEKLY RENTALS 6/17/26 655.30 96887 07/16/2026 Open MIXED PAPER + PLASTIC RECYCL JUNE 2026 464.52 96888 07/16/2026 Open TIPPING WALL INSPECTION, TRAVEL, REPORT MAY 2026 376.00 96889 07/16/2026 Reconciled 07/23/2026 SUMMER CAMP SESSION #2 2,819.19 96890 07/16/2026 Reconciled 07/22/2026 DEL NORTE TOD 2/1/2025 -12/31/2025 2,648.68 96891 07/16/2026 Reconciled 07/28/2026 PARKING MANAGEMENT ACTION PLAN JUNE 2026 4,257.50 96892 07/16/2026 Reconciled 07/23/2026 EBMUD 5/1/26-7/1/26 7,855.02 96893 07/16/2026 Reconciled 07/30/2026 R3: CTC EMISSIONS TESTING, CHECK ENGINE LIGHT 11,202.58 96894 07/16/2026 Open FIRE STATION #52 EMERGENCY WATER MAIN LINE REPAIR 3,500.00 96895 07/16/2026 Reconciled 07/21/2026 SUMMER CAMP SHARKS & SIRENS SESSION #1 1,860.06 96896 07/16/2026 Reconciled 07/22/2026 LIGHT EQUIPMENT FOR CORP YARD 2,289.90 96897 07/16/2026 Open GYMNASTICS JUN 15-18 2026 1,904.00 96898 07/16/2026 Reconciled 07/23/2026 HOSTING & MAINTENANCE + POP SERVICES FEB 2026 855.00 96899 07/16/2026 Reconciled 07/22/2026 TIRE PARTS & SERVICES 2,353.65 Accounts Payable JONES, HIROMI
Accounts Payable KI RESEARCH INSTITUTE
Accounts Payable KINSEY, KATHRYNE ANN
Accounts Payable FUJIWARA, PATRICIA, Y.

Accounts Payable GABRIEL, BARBARA, A.

Accounts Payable JAFFE, SCOT
Accounts Payable MUNICIPAL POOLING AUTHORITY
Accounts Payable NINYO & MOORE
Accounts Payable NORTHERN CALIFORNIA SPELMANSLAG
Accounts Payable LEHR UPFITTERS OPCO LLC
Accounts Payable MANQUEROS, MARK, MARCOS
Accounts Payable MCAVOY, IAN
Accounts Payable KNORR SYSTEMS, INC.

Accounts Payable LACK, CHRIS
Accounts Payable LARRIETA SANITATION CONSTRUCTION
Accounts Payable SUNJAMS PRODUCTIONS
Accounts Payable SUPER SOCCER STARS
Accounts Payable TWO BROTHERS POOL & SPA, INC
Accounts Payable RIVERA, NICOLE
Accounts Payable SCHLANGER, APRIL, ADAIR
Accounts Payable SHAHKAR, MEHRAN
Accounts Payable ODP BUSINESS SOLUTIONS, LLC
Accounts Payable OLIVERO PLUMBING
Accounts Payable RAMOS, STEPHANIE, R
Accounts Payable IAFF LOCAL 1230
Accounts Payable KAISER FOUNDATION HEALTH PLAN
Accounts Payable LEGALSHIELD
Accounts Payable TYLER TECHNOLOGIES
Accounts Payable CALPERS LONG TERM CARE PROGRAM
Accounts Payable HEALTH CARE DENTAL TRUST
Accounts Payable DIVISION OF STATE ARCHITECT
Accounts Payable WAHRLICH, JOHN-TRACY
Accounts Payable PROGRESSIVE SOLUTIONS, INC.

Accounts Payable AMAZON CAPITAL SERVICES, INC.

Accounts Payable AMERIGAS PROPANE INC
Accounts Payable BAY AREA NEWS GROUP EAST BAY
Accounts Payable 4LEAF, INC.

Accounts Payable A PLUS TREE, LLC
Accounts Payable ALAMEDA COUNTY FIRE DEPARTMENT
Accounts Payable NATIONWIDE TRUST COMPANY, FSB
Accounts Payable SEIU LOCAL 1021
Accounts Payable U.S. BANK - INSTITUTIONAL TRUST - W REGION Accounts Payable EBMUD
Accounts Payable FLEET MANAGEMENT HOLDINGS, LLC
Accounts Payable GARCIA, DELVIN
Accounts Payable CRUMP, ALLISON
Accounts Payable CSW/STUBER-STROEH ENGINEERING GROUP INC Accounts Payable Dixon Resources Unlimited
Accounts Payable CINTAS CORPORATION #054 UNIFORMS
Accounts Payable COMMUNITY CONSERVATION CENTERS, INC.

Accounts Payable CONTRA COSTA HEALTH SERVICES
Accounts Payable Green Halo Systems Inc,
Accounts Payable J & O'S COMMERCIAL TIRE CENTER
Accounts Payable GIL, LETICIA MELODY, ESQUER
Accounts Payable GRAINGER
Accounts Payable GRAUL, BELINDA
user: Cynthia Dominguez Pages: 3 of 8 Monday, August 10, 2026 Agenda Packet Page 25 of 215
Number Date Status Void Reason
Reconciled/
Voided Date Description Transaction Amount
City of El Cerrito
Payment Register
From Payment Date: 7/1/2026 - To Payment Date: 7/31/2026 Source Payee Name
96900 07/16/2026 Reconciled 07/22/2026 CASTRO CLUBHOUSE HVAC SVCS ON 4/14/26 779.13 96901 07/16/2026 Reconciled 07/21/2026 EXPLORERS CAMP FIELDTRIP 6/25/26 1,431.95 96902 07/16/2026 Reconciled 07/21/2026 UNMET LIABILITY DEDUCTIBLE 6/2026 874.00 96903 07/16/2026 Reconciled 07/22/2026 REPLACE BATTERY CHARGE UNIT 11,033.62 96904 07/16/2026 Reconciled 07/23/2026 FUEL FOR CNG PICKUP TRUCK 5/31/26-6/30/26 43.81 96905 07/16/2026 Reconciled 07/20/2026 M23 TRUCK CHECK FOR OVERHEATING & COOLANT LEAK 6/9/26 1,800.44 96906 07/16/2026 Reconciled 07/22/2026 COMMUNITY DEVELOP COST RECOVERY (LABOR) 5/18/26-5/31/26 5,518.00 96907 07/16/2026 Reconciled 07/23/2026 OVERAGE OF MPC307 AT 7550 SCHMIDT LANE 69.48 96908 07/16/2026 Reconciled 07/21/2026 LANDSCAPE MAINTENANCE PARKS JUNE 2026 14,276.86 96909 07/16/2026 Reconciled 07/24/2026 LIGHT EQUIPMENT FOR MAINTENANCE DEPT 2,054.31 96910 07/16/2026 Reconciled 07/21/2026 REPLACE LEANING LIGHT POLE FOR PW MAINT JUN 2026 9,595.00 96911 07/16/2026 Open M23 TRUCK DIAG PARTS & LABOR 6/24/26 986.28 96912 07/16/2026 Reconciled 07/21/2026 HNA SHADED FUEL BREAK MAINTENANCE 12,600.00 96913 07/16/2026 Reconciled 07/23/2026 RICHMOND ST & DEL NORTE TOD PROJ JUNE 2026 6,780.00 96914 07/16/2026 Reconciled 07/22/2026 FIRE INSPECTOR 2C SERIES 6/28-6/29/26 516.81 96915 07/16/2026 Reconciled 07/21/2026 2026 GFOA ANNUAL CONF TRAVEL REIMB 6/29-7/1/26 1,107.86 96916 07/16/2026 Open REIMBURSEMENT FOR UNIFORM 6/15/26 176.46 96917 07/16/2026 Reconciled 07/17/2026 REIMBURSEMENT FOR LIVE SCAN 6/12/26 121.00 96918 07/16/2026 Reconciled 07/28/2026 Video Production for Council Meeting 4,798.00 96919 07/16/2026 Reconciled 07/22/2026 Community Center Landscape Plan june 14 2026 5,181.60 96920 07/16/2026 Reconciled 07/24/2026 Red Flag Day Stickers 129.59 96921 07/16/2026 Reconciled 07/22/2026 Week 1 invoice correction for sports camp 6/15-19/2026 5,325.12 96922 07/16/2026 Reconciled 07/22/2026 Pre-employment physicals 327.00 96923 07/16/2026 Reconciled 07/21/2026 June medical review 2,100.00 96924 07/16/2026 Open Legal services June 2026 829.50
96925 07/16/2026 Reconciled 07/24/2026 Slim Chance Circus - Recreation Instructin 6/22/26-6/26/26 3,135.00 96926 07/16/2026 Reconciled 07/24/2026 Rec Hazardous waste June 2026 225.75 96927 07/16/2026 Reconciled 07/22/2026 LIBRARY CUSTODIAL SUPPLIES FOR MAINT. 6/18/26 6,491.74 96928 07/16/2026 Reconciled 07/27/2026 Recertification of Paramedic License 250.00 96929 07/16/2026 Reconciled 07/22/2026 Travel reimbursement 6/27-28 San Luis Obisp 5/13-6/10/26 LAFCO 412.97 96930 07/16/2026 Reconciled 07/23/2026 2026-2027 CPSC ASSOCIATE FEES 1,000.00 96931 07/16/2026 Reconciled 07/23/2026 CLOUD PLAN FOR SWIM CENTER EV CHARGER 7/1/26-6/30/27 730.00 96932 07/16/2026 Reconciled 07/23/2026 ARMORED TRANSPORTATION SVCS JULY 2026 362.79 96933 07/16/2026 Reconciled 07/23/2026 HOSTING & MAINTENANCE + POP SVCS JULY 2026 171.00 96934 07/16/2026 Reconciled 07/23/2026 CO2 211.69
96935 07/16/2026 Reconciled 07/28/2026 ECONOMIC DEVELOPMENT WEBPAGE 7/2026-6/2027 4,080.00 96936 07/16/2026 Reconciled 07/23/2026 LEASE PAYMENT 7/1/26-7/31/26 1,524.76 96937 07/20/2026 Open 276.00
96938 07/23/2026 Reconciled 07/30/2026 OFFICE SUPPLIES REC 158.34 96939 07/23/2026 Reconciled 07/29/2026 FIRE PLAN REVIEW SERVICES JUN 2026 1,360.00 96940 07/23/2026 Reconciled 07/28/2026 2025 ACCESS MODIFICATION - CONSTRUCTION JUN 2026 7,462.50 96941 07/23/2026 Open SUMMER BASKETBALL JUN 2026 630.00 96942 07/23/2026 Reconciled 07/30/2026 TREE REMOVAL ADVERTISING JUN 2026 125.46 96943 07/23/2026 Reconciled 07/29/2026 GENERAL OFFICE SUPPLIES FOR CC 347.74 96944 07/23/2026 Reconciled 07/29/2026 MEDICAL SUPPLIES 6/26/26 249.95 96945 07/23/2026 Reconciled 07/30/2026 COMCAST BUSINESS INTERNET 5/11/26-6/10/26 4,124.78 96946 07/23/2026 Open TIPPING WALL INSPECTION, TRAVEL, REPORT JUN 2026 564.00 96947 07/23/2026 Reconciled 07/29/2026 EBMUD 5/4/26-7/2/26 38,577.81 96948 07/23/2026 Reconciled 07/31/2026 ERGO ITEMS FOR FINANCE STAFF 5/26/26 123.06 96949 07/23/2026 Reconciled 07/28/2026 MAGENTIC BINS FOR RECYCL DEPT 1,615.16 96950 07/23/2026 Reconciled 07/29/2026 EBMUD 5/1/26-5/31/26 5,748.15 96951 07/23/2026 Reconciled 07/28/2026 AIR CONDITIONING MAINTENANCE CHECKING UNIT 6/23/26 170.00 96952 07/23/2026 Reconciled 07/30/2026 CHLORINE 3,701.87 96953 07/23/2026 Reconciled 07/29/2026 CAMERAS AND INSTALLATION FOR PD 9,835.00 96954 07/23/2026 Open AQUA ZUMBA MAY AND JUNE 2026 503.70 96955 07/23/2026 Reconciled 07/28/2026 CASTRO CLUBHOUSE PEST CONTROL SVCS JUN 2026 527.00 Accounts Payable MICHAEL'S TRANSPORTATION SERVICE , INC Accounts Payable MUNICIPAL POOLING AUTHORITY
Accounts Payable ODYSSEY POWER CORPORATION
Accounts Payable KEL-AIRE
Accounts Payable ST. FRANCIS ELECTRIC
Accounts Payable Tecknica Auto, Inc.

Accounts Payable THE PROFESSIONAL TREE CARE CO.

Accounts Payable RICOH USA, INC
Accounts Payable RUBICON ENTERPRISES INC
Accounts Payable SINGLE CYLINDER REPAIR INC
Accounts Payable PG&E
Accounts Payable PLAZA AUTO SERVICE INC
Accounts Payable REDWOOD PUBLIC LAW, LLP
Accounts Payable CSW/STUBER-STROEH ENGINEERING GROUP INC Accounts Payable DORIS WALKER, DBA COMP GRAPHIC
Accounts Payable FRIEDMAN, NORM
Accounts Payable BURNHAM, WESTLEY
Accounts Payable LUCKEY, NIKO
Accounts Payable CITY OF PINOLE
Accounts Payable THEIS ENGINEERING & ASSOCIATES
Accounts Payable CROOKS, JASON
Accounts Payable REAMS, CRYSTAL
Accounts Payable CESMAT, DAVID
Accounts Payable QUINTO, GABRIEL
Accounts Payable CALIFORNIA PRODUCT STEWARDSHIP
Accounts Payable SLIM CHANCE CIRCUS
Accounts Payable STERICYCLE, INC.

Accounts Payable UNIVERSAL BUILDING SERVICE
Accounts Payable KAISER PERMANENTE
Accounts Payable KENNEDY, GREG, C
Accounts Payable KREISBERG LAW FIRM
Miscellaneous Billing
Refund
K&S Company
Accounts Payable ODP BUSINESS SOLUTIONS, LLC
Accounts Payable 4LEAF, INC.

Accounts Payable KNORR SYSTEMS, INC.

Accounts Payable NERD CROSSING
Accounts Payable RICOH USA, INC
Accounts Payable CHARGEPOINT, INC
Accounts Payable GARDA CL WEST,INC.

Accounts Payable Green Halo Systems Inc,
Accounts Payable CONTRA COSTA HEALTH SERVICES
Accounts Payable EBMUD
Accounts Payable ERGONOMIC SEATING & PRODUCTS INC.

Accounts Payable BLAISDELL'S BUSINESS PRODUCTS
Accounts Payable BOUNDTREE MEDICAL LLC
Accounts Payable COMCAST
Accounts Payable AVILA PROJECT MANAGEMENT
Accounts Payable BALL 2THRIVE BASKETBALL LLC
Accounts Payable BAY AREA NEWS GROUP EAST BAY
Accounts Payable MORTON'S URBAN PEST MANAGEMENT
Accounts Payable KNORR SYSTEMS, INC.

Accounts Payable MIGHETTO ELECTRIC
Accounts Payable MITCHELL, BONNIE
Accounts Payable FOLGERGRAPHICS, INC.

Accounts Payable FORENSIC SERVICES DIVISION
Accounts Payable KEL-AIRE
user: Cynthia Dominguez Pages: 4 of 8 Monday, August 10, 2026 Agenda Packet Page 26 of 215
Number Date Status Void Reason
Reconciled/
Voided Date Description Transaction Amount
City of El Cerrito
Payment Register
From Payment Date: 7/1/2026 - To Payment Date: 7/31/2026 Source Payee Name
96956 07/23/2026 Reconciled 07/28/2026 DRY CLENAING JUN 2026 400.95 96957 07/23/2026 Reconciled 07/27/2026 UNIFORM ITEMS FOR G.NGUYEN 70.01 96958 07/23/2026 Reconciled 07/29/2026 REPAIR @ STA 52 8,441.24 96959 07/23/2026 Reconciled 07/30/2026 ADMINISTRATION (LABOR) 5/4/26-5/31/26 51,397.33 96960 07/23/2026 Reconciled 07/29/2026 CURBSIDE RECYCL PROCESSING JUNE 2026 51,336.20 96961 07/23/2026 Reconciled 07/29/2026 LANDSCAPE MAINTENANCE FACILITIES & OGW JUN 2026 26,388.50 96962 07/23/2026 Reconciled 07/29/2026 HR CONSULTING SERVICES JUN 2026 1,630.00 96963 07/23/2026 Reconciled 07/28/2026 TS & SL MAINTENANCE & RESPONSE JUN 2026 5,078.93 96964 07/23/2026 Reconciled 07/30/2026 SPASP AFFORDABLE HOUSING 6/1/26-6/30/26 9,069.00 96965 07/23/2026 Reconciled 07/29/2026 Swim Center Competition Pool Project JUN 2026 44,830.50 96966 07/23/2026 Reconciled 07/29/2026 FIRE PLAN REVIEW SERVICES JUN 2026 380.00 96967 07/23/2026 Reconciled 07/29/2026 VSI CLOUD HOSTING JUN 2026 1,318.40 96968 07/23/2026 Open ENGINEERING & TRAFFIC SURVEY JUN 2026 642.50 96969 07/23/2026 Reconciled 07/28/2026 WASHER MAINTENANCE REPAIR 867.00 96970 07/23/2026 Reconciled 07/28/2026 MISCALCULATED TAX FOR MAY DELIVERY INV868089-INV868003 1,075.42 96971 07/23/2026 Reconciled 07/30/2026 2026 SURFACE SEAL PROJECT JUN 2026 436.18 96972 07/23/2026 Reconciled 07/27/2026 MESSY ART SUMMER CAMP JUN 2026 6,022.50 96973 07/23/2026 Open REIMBURSEMENT FOR MEDICARE TAX 282.66 96974 07/23/2026 Reconciled 07/28/2026 HIGH VALUE VEHICLE RENEWAL PREMIUM 7/1/26-7/1/27 38,279.00 96975 07/23/2026 Reconciled 07/29/2026 SUPPLIES FOR RECYCL DEPT 330.95 96976 07/23/2026 Reconciled 07/30/2026 COPPER LAND IPHONE LINE FOR CITY SVCS 6/12/26-7/11/26 9,769.11 96977 07/23/2026 Reconciled 07/29/2026 COMMUNITY CNTR PEST CONTROL SVCS JULY 2026 375.00 96978 07/23/2026 Open MOU AND LABOR CONTRACT 3RD QTR 2026 10,750.00 96979 07/23/2026 Open TRAINING FOR TRAINING COLLISION INVEST 7/20/26-7/24/26 717.00 96980 07/23/2026 Reconciled 07/30/2026 CORP YARD UNIFORMS WEEKLY RENTALS 430.84 96981 07/23/2026 Reconciled 07/29/2026 SUPPLEMENTATION SUBSCRIPTION 7/1/26-6/30/27 25,671.06 96982 07/23/2026 Reconciled 07/30/2026 COMCAST BUSINESS INTERNET 7/11/26-8/10/26 2,004.87 96983 07/23/2026 Reconciled 07/30/2026 HP PLOTTER LEASE JULY 2026 75.49 96984 07/23/2026 Open POTTERY MATERIALS FOR TASSAJARA STUDIO 7/1/26 187.45 96985 07/23/2026 Open GYMNASTICS JULY 2026 4,627.00
96986 07/23/2026 Reconciled 07/28/2026 VEHICLE SUPPLIES FOR RECYCL 756.45 96987 07/23/2026 Open CENTRAL PARK SERVICE 6/23/26-7/20/26 251.05 96988 07/23/2026 Reconciled 07/30/2026 SODIUM HYPO 7/1/26 1,815.28 96989 07/23/2026 Reconciled 07/29/2026 YOUTH TENNIS CLASSES JULY 2026 5,227.04 96990 07/23/2026 Reconciled 07/29/2026 OFF THE BLOCK STEM SUMMER SESSION #3 2026 7,405.20 96991 07/23/2026 Reconciled 07/28/2026 EXPLORES CAMP FIELDTRIP JULY 2026 1,241.00 96992 07/23/2026 Reconciled 07/28/2026 MPA ANNUAL PREMIUM FY26-27 3,825,756.69 96993 07/23/2026 Open STAGE RENTAL REMAINING BALANCE 500.00 96994 07/23/2026 Reconciled 07/29/2026 CERRITO VISTA PARK ROD SEWER LINES ON 7/2/26 290.00 96995 07/23/2026 Reconciled 07/29/2026 VOLP PHONE SERVICE FOR CITY STAFFS 7/14/26-8/13/26 2,262.94 96996 07/23/2026 Reconciled 07/29/2026 TROLLS & HAPPY MONSTERS SUMMER CAMP 7/2/26 3,739.50 96997 07/23/2026 Reconciled 07/31/2026 CIRCUS CAMP SESSION #3 6/29/26-7/2/26 2,376.00 96998 07/23/2026 Reconciled 07/28/2026 ARLINGTON CLUBHOUSE ALARM SVCS AUG 2026 1,172.26 96999 07/23/2026 Reconciled 07/27/2026 WK 4 TEXTILE ARTS SUMMER CAMP 7/6-7/10 5,659.50 97000 07/30/2026 Open REPAIR AT STA 52 SCREEN WINDOW 120.70 97001 07/30/2026 Open UST VISUAL INSPECTION ON 7/6/26 1,655.80 97002 07/30/2026 Open FIRE EXHAGUISHES SERVICES 7/8/26 592.73 97003 07/30/2026 Open BIKE VAKET PARKING RACK RENTAL 425.00 97004 07/30/2026 Open SATELLITE PHONES JUL 2026 154.50
97005 07/30/2026 Open PRINTING AND BINDING 366.06
97006 07/30/2026 Open LOCKER NAME PLATE 18.42
97007 07/30/2026 Open CIC INTERVIEW FY 26-27 EXPENSES 1,121.34 97008 07/30/2026 Open LAFCO NET COST APPNT. FY 2026-27 8,288.65 97009 07/30/2026 Open BIOHAZARD REMOVAL PD 640.00
97010 07/30/2026 Open FY 2027 DOCUSIGN ENVELOPES RENEWAL 06/2026-6/2027 22,701.00 97011 07/30/2026 Open PSYCH EVAL 7/14/26 1,000.00
Accounts Payable NORGE CLEANERS
Accounts Payable NGUYEN, GENEVIEVE
Accounts Payable STRATEGIC ECONOMICS
Accounts Payable SWINERTON MANAGEMENT & CONSULTING
Accounts Payable Urban37, Inc.

Accounts Payable RUBICON ENTERPRISES INC
Accounts Payable SHAW HR CONSULTING, INC.

Accounts Payable ST. FRANCIS ELECTRIC
Accounts Payable OLIVERO PLUMBING
Accounts Payable REDWOOD PUBLIC LAW, LLP
Accounts Payable REPUBLIC SERVICES, INC.

Accounts Payable STROUD, DARREN
Accounts Payable ALLIANT INSURANCE SERVICES, INC
Accounts Payable AMAZON CAPITAL SERVICES, INC.

Accounts Payable WESTERN STATES OIL COMPANY
Accounts Payable ZOON ENGINEERING, INC.

Accounts Payable SHABABO, TRACEY, ELISE
Accounts Payable VERMONT SYSTEMS, INC.

Accounts Payable W-TRANS INC
Accounts Payable WESTERN STATE DESIGN INC.

Accounts Payable COMCAST
Accounts Payable EAST BAY BLUE PRINT & SUPPLY CO.

Accounts Payable FUJIWARA, PATRICIA, Y.

Accounts Payable CCCSO LAW ENFORCEMENT TRAINING
Accounts Payable CINTAS CORPORATION #054 UNIFORMS
Accounts Payable CIVICPLUS, LLC
Accounts Payable AT&T DW HOLDINGS, INC
Accounts Payable ATCO PEST CONTROL INC
Accounts Payable BERKHEIMER LABOR RELATIONS, LLC
Accounts Payable MICHAEL'S TRANSPORTATION SERVICE , INC Accounts Payable MUNICIPAL POOLING AUTHORITY
Accounts Payable NORTHERN LIGHTS
Accounts Payable KNORR SYSTEMS, INC.

Accounts Payable MANQUEROS, MARK, MARCOS
Accounts Payable MCAVOY, IAN
Accounts Payable GRAUL, BELINDA
Accounts Payable HAAKER EQUIPMENT COMPANY
Accounts Payable HONEY BUCKET
Accounts Payable AMAZON CAPITAL SERVICES, INC.

Accounts Payable ARMOUR PETROLEUM SERVICE & EQUIPMENT CORP Accounts Payable BAY CITIES PYROTECTOR, INC
Accounts Payable SLIM CHANCE CIRCUS
Accounts Payable SSD ALARM
Accounts Payable SHABABO, TRACEY, ELISE
Accounts Payable OLIVERO PLUMBING
Accounts Payable RINGCENTRAL, INC.

Accounts Payable SCHLANGER, APRIL, ADAIR
Accounts Payable CRIME SCENE CLEANERS, INC.

Accounts Payable DOCUSIGN, INC.

Accounts Payable DUNNIGAN PSYCHOLOGICAL & THREAT ASSESSMENTS Accounts Payable COLLER INDUSTRIES INC
Accounts Payable COMMUNITY VIOLENCE SOLUTIONS
Accounts Payable CONTRA COSTA COUNTY
Accounts Payable BIKE EAST BAY
Accounts Payable BLUECOSMO
Accounts Payable BPX PRINTING & GRAPHICS
user: Cynthia Dominguez Pages: 5 of 8 Monday, August 10, 2026 Agenda Packet Page 27 of 215
Number Date Status Void Reason
Reconciled/
Voided Date Description Transaction Amount
City of El Cerrito
Payment Register
From Payment Date: 7/1/2026 - To Payment Date: 7/31/2026 Source Payee Name
97012 07/30/2026 Open FALL/WINTER RECGUIDE & POSTAGE 12,197.90 97013 07/30/2026 Open SPORTS CAMP SESSION #3 6/29/26-7/2/26 28,927.14 97014 07/30/2026 Open BUSINESS CARDS 149.51
97015 07/30/2026 Open FD TRUCK TIRES #22 8,600.04
97016 07/30/2026 Open HVAC 1,232.45
97017 07/30/2026 Open SODIUM HYPO 7/8/26 2,097.99
97018 07/30/2026 Open UNIFORM FOR FIRE STAFF R.H-NIELSEN 384.06 97019 07/30/2026 Open VEHICLE REPAIR FOR PD 467.41
97020 07/30/2026 Open ANNUAL LEFTA SHIELD SUITE SUBSCRIPTION 7/1/26-6/30/27 7,597.21 97021 07/30/2026 Open YOUTH TENNIS CLASSES SESSION #4 JULY 6-10 2026 10,702.02 97022 07/30/2026 Open OFF THE BLOCK STEM SUMMER 2026 8,331.75 97023 07/30/2026 Open EAP 7/26-9/26 16,118.93
97024 07/30/2026 Open WINDOWS ENVELOPES FOR CH STAFF 501.64 97025 07/30/2026 Open ANNUAL SERVICE CONTRACT 7/1/26-6/30/27 6,000.00 97026 07/30/2026 Open EXPERIMENTATION NATION 7/13/26-7/17/26 2,595.00 97027 07/30/2026 Open APPRECIATE ROCK & CLASSICAL JULY 2026 297.00 97028 07/30/2026 Open REFUND FOR ENCROACHMENT PERMIT FEE & BOND FFES 1,251.00 97029 07/30/2026 Open TEXTILE ARTS SUMMER CAMP 7/13-7/17 6,072.00 97030 07/30/2026 Open 2026 CAMP RAVENCLIFF PASS-THROUGH PAYMENTS 65,896.20 97031 07/30/2026 Open COMMUNITY CENTER BURGLAR FIRE ALARM AUG 2026 221.25 97032 07/30/2026 Open MEDICAL WASTE JULY 2026 FOR FIRE 1,077.42 97033 07/30/2026 Open VEHICLE REPAIR 851.94
97034 07/30/2026 Open RESTROOM KEY REFUND 24.00
97035 07/30/2026 Open REFUND FOR APPLICATION PL26-0047 1,292.00 97036 07/30/2026 Open REFUND FOR ICE CREAM PURCHASE FOR JR. REC PROGRAM 36.11 97037 07/30/2026 Open PER3 - CALPERS Longterm Care Ins 47.96 97038 07/30/2026 Open MGT1 - FIRE DEPT MGMT GROUP 50.00 97039 07/30/2026 Open MGT2 - SAFETY EMPLYEE MGMT GROUP 436.00 97040 07/30/2026 Open DUE2 - FIRE ASSN DUES CK 675.00
97041 07/30/2026 Open ACCD - Accidental Death & Dismembermt 52.50 97042 07/30/2026 Open DUE1 - POLICE ASSN DUES 3,904.24
97043 07/30/2026 Open DUE3 - EC PRO FIREFIGHTERS DUES 290.00 97044 07/30/2026 Open COPE - VOLUNTARY COPE DEDUCTION* 1,945.81 97045 07/30/2026 Open PAR - PARS - ARS 457* 8,338.95
97046 07/30/2026 Open RESPITE PROGRAM JUN 2026 630.00
97047 07/30/2026 Open HNA FIRE SAFETY VEGETATION 25,000.00 97048 07/30/2026 Open RECRUITING 5/31/26-6/30/26 35.00
97049 07/30/2026 Open BUILDING & SAFETY JUN 2026 406.08 97050 07/30/2026 Open HAULET HERO ROUTE SOFTWARE APR-JUN 2026 3,000.00 97051 07/30/2026 Open CAFE COSTA CONTRIBUTION REIMBURSEMENT JUN 2026 575.27 97052 07/30/2026 Open DEL NORTE TOD COMPLETE STREETS INPROV 4/21/26-6/20/26 206,519.35 97053 07/30/2026 Open MAINTENANCE PROBLEM SYSTEM 6/16/26 489.94 97054 07/30/2026 Open MRP 3.0 COMPLIANCE CONSULTING 596.48 97055 07/30/2026 Open AFFORDABLE HOUSING JUN 2026 336.25 97056 07/30/2026 Open UNIFORM ITEMS 12,078.99
97057 07/30/2026 Open CERRITO VISTA TENNIS COURT MAR 2026 3,900.00 97058 07/30/2026 Open CREDIT CARD PROCESSING FEES JUN 2026 2,422.95 97059 07/30/2026 Open FRANCHISE FEE STUDY MAR 2026 5,000.00 97060 07/30/2026 Open IRRIGATION REPAIRS PROP 4033 4,042.94 97061 07/30/2026 Open XFIT BOOT CAMP JUNE 2026 5,846.66 97062 07/30/2026 Open ARCH/ENGINEERING PLAN REVIEW SERVICES JUN 2026 12,060.30 97063 07/30/2026 Open PARK SUPPLIES 6/1726 1,631.40
97064 07/30/2026 Open PROFESSIONAL SERVICES - STAFFING JUN 2026 15,778.00 97065 07/30/2026 Open CBSC FEES FY26 Q4 576.91
97066 07/30/2026 Open SMIP FEES FY26 Q4 1,661.60
97067 07/30/2026 Open MEDICAL SUPPLIES 720.26
Accounts Payable L.N. CURTIS & SONS
Accounts Payable LEHR UPFITTERS OPCO LLC
Accounts Payable LEXIPOL LLC
Accounts Payable J & O'S COMMERCIAL TIRE CENTER
Accounts Payable KEL-AIRE
Accounts Payable KNORR SYSTEMS, INC.

Accounts Payable FOLGERGRAPHICS, INC.

Accounts Payable FRIEDMAN, NORM
Accounts Payable GILMAN PRESS
Accounts Payable SEPE, RANDOLPH, NEAL
Accounts Payable SEWER WORKS, INC
Accounts Payable SHABABO, TRACEY, ELISE
Accounts Payable PREMIER GRAPHICS
Accounts Payable PUBLIC SAFETY FAMILY COUNSELING GROUP, INC.

Accounts Payable SCHLANGER, APRIL, ADAIR
Accounts Payable MANQUEROS, MARK, MARCOS
Accounts Payable MCAVOY, IAN
Accounts Payable MUNICIPAL POOLING AUTHORITY
Accounts Payable MARTIEN , JULIA
Accounts Payable CALPERS LONG TERM CARE PROGRAM
Accounts Payable EL CERRITO FIRE DEPT MGMT GRP
Accounts Payable WALNUT CREEK FORD INC
Accounts Payable MERCADO, LAUREN
Accounts Payable MUSCARDIN, EVITA
Accounts Payable SONOMA COUNTY FAMILY YMCA
Accounts Payable SSD ALARM
Accounts Payable STERICYCLE, INC.

Accounts Payable U.S. BANK - INSTITUTIONAL TRUST - W REGION Accounts Payable BEACON HOME CARE
Accounts Payable CARLONE, TEO
Accounts Payable POLICE ASSN.

Accounts Payable PRO FIREFIGHTERS ASSN DUES
Accounts Payable SEIU LOCAL 1021
Accounts Payable EL CERRITO PUBLIC SFTY EE MGMT
Accounts Payable FIRE ASSOCIATION
Accounts Payable LIFE INSURANCE OF NORTH AMERICA
Accounts Payable KENNEDY AND ASSOCIATES
Accounts Payable KEYSER MARSTON ASSOCIATES, INC
Accounts Payable L.N. CURTIS & SONS
Accounts Payable EHSD-CC SENIOR NUTRITION
Accounts Payable GHILOTTI BROS, INC
Accounts Payable KEL-AIRE
Accounts Payable COOPERATIVE PERSONNEL SERVICES
Accounts Payable DATA TICKET, INC.

Accounts Payable EAST BAY SANITARY CO. INC.

Accounts Payable UNIVERSAL BUILDING SERVICE
Accounts Payable Urban37, Inc.

Accounts Payable CALIFORNIA BUILDING STANDARDS COMMISSION Accounts Payable RUBICON ENTERPRISES INC
Accounts Payable RUIZ, JOE
Accounts Payable TRB AND ASSOCIATES, INC.

Accounts Payable NINYO & MOORE
Accounts Payable PAYMENTUS CORPORATION
Accounts Payable R3 CONSULTING GROUP
Accounts Payable CALIFORNIA DEPARTMENT OF CONSERVATION
Accounts Payable BOUNDTREE MEDICAL LLC
user: Cynthia Dominguez Pages: 6 of 8 Monday, August 10, 2026 Agenda Packet Page 28 of 215
Number Date Status Void Reason
Reconciled/
Voided Date Description Transaction Amount
City of El Cerrito
Payment Register
From Payment Date: 7/1/2026 - To Payment Date: 7/31/2026 Source Payee Name
97068 07/30/2026 Open 4TH OF JULY PRODUCTION SUPPORT 2026 704.00 $ 6,126,584.97

3817 07/10/2026 Open Payroll Deduction $ 2,486.30
3818 07/10/2026 Open CA - CA Tax 56,248.66
3819 07/10/2026 Open FED - Fed Tax* 222,488.22
3820 07/10/2026 Open ICM1 - ICMA-457 #300530 FLAT DOLLAR* 74,036.60 3821 07/10/2026 Open PE1% - PERS SEIU* 237,776.65
3822 07/24/2026 Open Payroll Deduction 2,486.30
3823 07/24/2026 Open CA - CA Tax 47,868.81
3824 07/24/2026 Open FED - Fed Tax* 198,735.25
3825 07/24/2026 Open ICM1 - ICMA-457 #300530 FLAT DOLLAR* 74,438.00 3826 07/24/2026 Open PE1% - PERS SEIU* 227,847.56
3827 07/31/2026 Open MERCHANT FEE EXPENSE - JUN2026 733.13 3828 07/31/2026 Open MERCHANT FEE EXPENSE - JUN2026 78.17 3829 07/31/2026 Open MERCHANT FEE EXPENSE - JUN2026 442.60 3830 07/31/2026 Open MERCHANT FEE EXPENSE - JUN2026 209.08 3831 07/31/2026 Open MERCHANT FEE EXPENSE - JUN2026 309.52 3832 07/31/2026 Open MERCHANT FEE EXPENSE - JUN2026 38.38 3833 07/31/2026 Open MERCHANT FEE EXPENSE - JUN2026 38.37 3834 07/31/2026 Open MERCHANT FEE EXPENSE - JUN2026 38.40 3835 07/31/2026 Open MERCHANT FEE EXPENSE - JUN2026 67.78 3836 07/31/2026 Open MERCHANT FEE EXPENSE - JUN2026 23.90 3837 07/31/2026 Open MERCHANT FEE EXPENSE - JUN2026 33.00 3838 07/31/2026 Open MERCHANT FEE EXPENSE - JUN2026 20.00 3839 07/31/2026 Open MERCHANT FEE EXPENSE - JUN2026 23,194.45 3840 07/31/2026 Open MERCHANT FEE EXPENSE - JUN2026 4,149.09 3841 07/31/2026 Open MERCHANT FEE EXPENSE - JUN2026 7,929.84 3842 07/31/2026 Open MERCHANT FEE EXPENSE - JUN2026 456.01 3843 07/28/2026 Open PG&E 06/06/2026 - 07/06/2026 56.25 3844 07/21/2026 Open PG&E 06/02/2026 - 07/01/2026 25,424.63 3845 07/28/2026 Open PG&E 06/06/2026 - 07/06/2026 60.63 3846 07/21/2026 Open PG&E 06/01/2026 - 06/30/2026 34,772.94 3847 07/22/2026 Open REC DEPT SALES & USE TAX Q2 2026 288.00 3848 07/27/2026 Open STRYKER EQUIPMENT/ SVC LEASE AGRMNT JULY 2026 6,308.59 3849 07/27/2026 Open SUTTER HEALTH PLAN - AUG 2026 PAYMENT 34,560.10 3850 07/28/2026 Open CALCARD JUL 2026 PAYMENT 78,689.25 3851 07/03/2026 Open 2017 COP BONDS JULY 2026 PAYMENT 104,022.73 3854 07/28/2026 Open 100000018341592 and 100000018341580 8,449,219.00 3855 07/31/2026 Open EDD UI BENEFIT CHARGE 4/1/26-6/30/26 482.00 $ 9,916,058.19
Status Count Transaction Amount
Open 133 $ 10,495,773.38
Reconciled 238 5,546,165.78
Voided 1 704.00
Stopped 0 -
Total 372 $ 16,042,643.16
Status Count Transaction Amount
Open 736 $ 1,429,454.46
Reconciled 0 -
Voided 0 -
Stopped 0 -
Total 736 $ 1,429,454.46
Accounts Payable
Payroll
Accounts Payable EDD - PAYROLL TAX DEPOSIT
Accounts Payable IRS
Accounts Payable MIssionSquare (name chg 03-2021 formerly ICMA) Type Check Totals: 335 Transactions
EFT
Accounts Payable California State Disbursement Unit
Accounts Payable DAVIS, JAYDEN
Accounts Payable FIRST DATA MERCHANT SERVICES INC
Accounts Payable FIRST DATA MERCHANT SERVICES INC
Accounts Payable FIRST DATA MERCHANT SERVICES INC
Accounts Payable IRS
Accounts Payable MIssionSquare (name chg 03-2021 formerly ICMA) Accounts Payable P E R S
Accounts Payable P E R S
Accounts Payable California State Disbursement Unit
Accounts Payable EDD - PAYROLL TAX DEPOSIT
Accounts Payable CLOVER
Accounts Payable AUTHORIZE.NET
Accounts Payable AUTHORIZE.NET
Accounts Payable FIRST DATA MERCHANT SERVICES INC
Accounts Payable FIRST DATA MERCHANT SERVICES INC
Accounts Payable AMEX/AMERICAN EXPRESS
Accounts Payable FIRST DATA MERCHANT SERVICES INC
Accounts Payable FIRST DATA MERCHANT SERVICES INC
Accounts Payable FIRST DATA MERCHANT SERVICES INC
Accounts Payable PG&E
Accounts Payable PG&E
Accounts Payable CALIFORNIA DEPT OF TAX & FEE ADMIN (CDTFA) Accounts Payable MECHANICS BANK
Accounts Payable PG&E
Accounts Payable PG&E
Accounts Payable CARDCONNECT
Accounts Payable CARDCONNECT
Accounts Payable CARDCONNECT
Type EFT Totals: 37 Transactions
Accounts Payable U.S. BANK
Accounts Payable CalPERS (CA Public Employees' Retirement System) Accounts Payable EDD - CA Employment Development Dept
Accounts Payable STRYKER CORPORATION
Accounts Payable SUTTER HEALTH PLUS
Accounts Payable U.S. BANK - CORPORATE PAYMENT SYS
user: Cynthia Dominguez Pages: 7 of 8 Monday, August 10, 2026 Agenda Packet Page 29 of 215
Number Date Status Void Reason
Reconciled/
Voided Date Description Transaction Amount
City of El Cerrito
Payment Register
From Payment Date: 7/1/2026 - To Payment Date: 7/31/2026 Source Payee Name
Status Count Transaction Amount
Open 869 $ 11,925,227.84
Reconciled 238 5,546,165.78
Voided 1 704.00
Stopped 0 -
Total 1108 $ 17,472,097.62
Grand Totals
user: Cynthia Dominguez Pages: 8 of 8 Monday, August 10, 2026 Agenda Packet Page 30 of 215

AGENDA BILL
Agenda Item No. 6.C.

Date: August 18, 2026
To: El Cerrito City Council
From: Christina Leard, Acting Senior Management Analyst and Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department Subject: Amendment to the Joint Exercise of Powers Agreement forming the West Contra Costa Integrated Waste Management Authority

ACTION PROPOSED
Adopt a resolution approving the First Amendment to the Fifth Amended and Restated Joint Exercise of Powers Agreement for the West Contra Costa Integrated Waste Management Authority, to which the City of El Cerrito is a party, and authorizing the Mayor to execute the Amendment to change the Fiscal Year from July 1 through June 30 to January 1 through December 31, commencing January 1, 2027.

BACKGROUND
The City is a member of the West Contra Costa Integrated Waste Management Authority (Authority), a joint powers authority formed by the cities of El Cerrito, Hercules, Pinole, Richmond and San Pablo (Member Agencies) in 1991 and commonly known as RecycleMore. Contra Costa County is also a participant in the Authority but is not a voting member. The Authority is responsible for ensuring that its members and most unincorporated areas of West Contra Costa County are in compliance with the California Integrated Waste Management Act (Act, also known as AB 939), as well as subsequent related laws and regulations regarding the collection and processing of waste in West Contra Costa County. In addition, the Authority is responsible for managing regional household hazardous waste (HHW) collection programs and other outreach and education to residents, businesses, schools, and community groups.

The governing document for the operation of the Authority is the Joint Exercise of Powers Agreement (JEPA). The Member Agencies entered into the original agreement to meet the Act’s recycling requirements and develop an Integrated Resource Recovery Facility (IRRF). The JEPA was amended in 1993, 1995, 2011 and most recently in 2019. The JEPA provides that any amendments to the JEPA first requires approval of a Resolution by the Authority Board of Directors and then unanimous agreement from the governing body of each Member Agency.

Section 1.17 of the JEPA defines the Authority’s Fiscal Year (FY) as July 1 through June 30, and Section 8.8 requires the Authority Board of Directors to adopt a fiscal year budget by June 30. The proposed budget is typically presented to the Board of Directors for review and consideration at the May Board meeting, prior to consideration for approval at the June Board meeting. However, the rate setting process under the Post-Collection Agreement (PCA) is on a calendar year schedule.

Agenda Packet Page 31 of 215
Agenda Item No. 6.C.

The Authority Board of Directors adopted the Authority’s FY 2026-2027 operating budget on June 11, 2026, pursuant to the approval of Resolution No. 26-14. In addition, the Board also adopted Resolution No. 26-12 on June 11, 2026, approving the JEPA amendment and directing the Executive Director to ask the Member Agencies to consider executing the amendment to change the fiscal year.

ANALYSIS
Changing the Authority’s fiscal year would eliminate issues associated with having the approval of the Authority Budget and the Post-Collection Agreement (PCA) rates on different schedules. Since the Authority fiscal year commences on July 1 each year, the JEPA requires the Authority Board to pass its annual budget prior to June 30 annually.

However, adopting a budget in June makes it difficult to assess the rate impact for the following year, since the rates associated with the PCA are not calculated and approved until the October through December timeframe and then become effective on January 1.

The Authority’s budget is funded by ratepayer fees tied to the volume of solid waste, compost, and recycling collected by its Member Agencies haulers and delivered to the PCA contractor, Republic Services, for processing and disposal. Those fees cover the Authority’s budget, its Household Hazardous Waste Program, the PCA contractor’s expense, and regulatory fees.

The Authority approving a budget in June, when the primary revenue source (PCA rates) is not increased until January 1, can inherently result in a deficit in necessary revenue for the July 1 through December 31 period. Because rates are not adjusted until January 1, the rates funding the budget are aligned for only six months of each fiscal year.

Rate revenue is also variable, since it depends on tons delivered to the PCA contractor (i.e., fewer tons results in less revenue). This potential disparity can increase the July to December deficit. For the fiscal year ending on June 30, 2026, the Authority experienced a budget deficit of approximately $173,000 as a result of the difference between the adopted budget and projected year-end revenue.

City staff is requesting the City Council authorize the Mayor to execute the amendment to change the Authority’s fiscal year from July 1 through June 30, to January 1 through December 31, commencing January 1, 2027. This change will require simple revisions to the JEPA that must be approved by the governing body of each Member Agency in order for the change to become effective. If all the Authority’s Member Agencies approve the revision before October 2026, Authority staff will notify its Board of the change to the fiscal year and present a restated budget for the new Fiscal Year 2027 (January 1 – December 31, 2027) that will align the budget decision making with the 2027 rate setting cycle.

Agenda Packet Page 32 of 215
Agenda Item No. 6.C.

A summary of the key rationale to change to the Authority’s fiscal year includes the following:

1. Provide the Authority Board the opportunity to understand the estimated rate impact of the Authority’s operating budget during the rate setting process.

2. Provide the Authority Board the opportunity to understand all components of the Authority’s post-collection rate (PCA expense, HHW Program expense, regulatory fees, and Authority operating budget) when reviewing and considering the budget.

3. Provide Authority staff the opportunity to propose a budget that includes a revenue projection based on the best available information and is tied to the actual rates charged to ratepayers for the full subsequent calendar year.

Redline Revisions to JEPA Sections
The amendment to the JEPA required to change the Authority’s FY is limited to revising sections 1.7 and 8.8. Below provides the proposed redline revisions to these sections, and the final language is included in Exhibit A to the Resolution (First Amendment):

STRATEGIC PLAN CONSIDERATIONS
This action supports the City’s Strategic Plan Goal(s) of:
• High Performing Organization; and
• Environmental Sustainability.

Agenda Packet Page 33 of 215
Agenda Item No. 6.C.

ENVIRONMENTAL CONSIDERATIONS
The proposed action will not result in a project as defined by the California Environmental Quality Act (CEQA). No further environmental review is needed.

FINANCIAL CONSIDERATIONS
There is no fiscal impact associated with the recommendation.

LEGAL CONSIDERATIONS
The City Attorney has reviewed the proposed action and agreement amendment and found that legal considerations have been addressed.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution

2. Exhibit A to Resolution

3. Authority Board Resolution
Agenda Packet Page 34 of 215
RESOLUTION 2026-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO APPROVING

THE FIRST AMENDMENT TO THE FIFTH AMENDMENT AND RESTATEMENT OF

THE JOINT EXERCISE OF POWERS AGREEMENT TO CHANGE THE AUTHORITY FISCAL YEAR TO JANUARY THROUGH DECEMBER COMMENCING JANUARY 1, 2027
WHEREAS, the City of El Cerrito is a member of the West Contra Costa Integrated Waste Management Authority (“Authority”), which is a joint powers authority formed under California law to provide regulatory oversight of the disposal and recycling processing of solid waste and household hazardous waste (HHW) collected from the cities of El Cerrito, Hercules, Pinole, Richmond, San Pablo and portions of the unincorporated County of Contra Costa; and
WHEREAS, the Joint Exercise of Powers Agreement (JEPA) was executed by the City and the other member agencies in 1991 to form the Authority, and was subsequently amended by the City and the other member agencies in 1991, 1993, 1995, 2011 and 2019; and
WHEREAS, Section 1.17 of the JEPA defines “Fiscal Year” to mean the period commencing July 1 and ending on the following June 30; and WHEREAS, Section 8.8 of the JEPA requires a general budget for the Authority’s operations to be adopted by its Board of Directors for the ensuing Fiscal Year prior to June 30 of each year; and
WHEREAS, the Authority establishes and approves the post-collection rates to be charged to the City’s ratepayers for materials delivered to its contractor for post-collection processing and disposal annually in November; and
WHEREAS, on June 11, 2026, the Authority Board of Directors adopted Resolution No. 26-12 approving the JEPA amendment and directing the Executive Director to ask the Authority’s member agencies to consider approving a resolution to change the Authority’s Fiscal Year from July 1 through June 30 to January 1 through December 31, commencing January 1, 2027; and
WHEREAS, any changes to the JEPA first require approval by the Authority Board of Directors and then approval from all of the Authority’s member agencies in order for the change to become effective.

NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of El Cerrito that it hereby approves the First Amendment to the Fifth Amendment and Restatement Joint Exercise of Powers Agreement (JEPA) and the Mayor is authorized to execute this First Amendment to the JEPA (Exhibit A) on behalf of the City.

Agenda Packet Page 35 of 215
BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon passage and adoption.

I CERTIFY that at a regular meeting on August 18, 2026 the City Council of the City of El Cerrito passed this Resolution by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on .
________________________
Holly M. Charléty, City Clerk
APPROVED:
________________________
Gabe Quinto, Mayor
Agenda Packet Page 36 of 215
Exhibit A

FIRST AMENDMENT TO THE

FIFTH AMENDMENT AND RESTATEMENT JOINT EXERCISE OF POWERS

AGREEMENT OF THE WEST CONTRA COSTA INTEGRATED WASTE

MANAGEMENT AUTHORITY
THIS FIRST AMENDMENT (the “Amendment”) is entered into as of , 2026, and is by and among the CITY OF EL CERRITO (“El Cerrito”), a municipal corporation and charter city, the CITY OF HERCULES, a municipal corporation, the CITY OF PINOLE, a municipal corporation, the CITY OF RICHMOND, a municipal corporation and charter city, and the CITY OF SAN PABLO, a municipal corporation hereinafter referred to individually as “Member” and collectively as “Members.” This Amendment amends the Fifth Amendment and Restatement Joint Exercise of Powers Agreement of the West Contra Costa Integrated Waste Management Authority, dated November 20, 2019 (the “Agreement”).

RECITALS
A. The Agreement provides that the Authority must adopt a budget for the period from July 1 to June 30 of the following year, referred to as the “Fiscal Year.” B. To better align the Authority’s budget with the annual rate setting process under the Post-Collection Agreement pursuant to which the Authority receives its operating revenue, the Board of Directors desires to operate on a calendar-year basis.

C. The Members desire to amend the JEPA to authorize Authority to adopt a calendar-year based budget for the budget year beginning on January 1, 2027.

AGREEMENT
Section 1. Section 1.17 of the Agreement is amended to read as follows:

1.17. Fiscal Year. For the period through December 31, 2026, “Fiscal Year” means the period commencing on each July 1 and ending on the following June 30. Beginning January 1, 2027, “Fiscal Year” means the period commencing on January 1 and ending on December 31 of each year.

Section 2. Section 8.8 of the Agreement is amended to read as follows:

8.8. Budget. A general budget for the Authority’s operations shall be adopted by the Board prior to June 30 for each Fiscal Year that begins on July 1 and prior to November 30 for each Fiscal Year that begins January 1 of the subsequent year. The budget adopted for the period from January 1, 2027 to December 31, 2027 shall supersede the budget covering the period from July 1, 2026 to June 30, 2027. The budget shall include sufficient detail to constitute an operating guideline, the anticipated sources of funds, and the anticipated expenditures to be made for the operations of the Authority including HHW Programs. Approval of the budget by the Board shall constitute authority for the Executive Agenda Packet Page 37 of 215
First Amendment JEPA dated November 20, 2019

Page 2 of 4 ends

Director to expend funds for the purposes outlined in the approved budget, subject to the availability of funds on hand.

Section 3. All other provisions of the Agreement remain unchanged and in full force and effect.

Agenda Packet Page 38 of 215
First Amendment JEPA dated November 20, 2019

Page 3 of 4 ends

ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

CITY OF EL CERRITO

Mayor
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

CITY OF HERCULES

Mayor
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

CITY OF PINOLE

Mayor
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

CITY OF RICHMOND

Mayor
[SIGNATURES CONTINUED ON THE NEXT PAGE]
Agenda Packet Page 39 of 215
First Amendment JEPA dated November 20, 2019

Page 4 of 4 ends

ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

CITY OF SAN PABLO

Mayor
Agenda Packet Page 40 of 215
RESOLUTION NO. 26-12

RESOLUTION OF THE BOARD OF DIRECTORS OF THE

WEST CONTRA COSTA INTEGRATED WASTE MANAGEMENT AUTHORIJ'Y

APPROVING THE FIRST AMENDMENT TO THE FIFTH AMENDMENT AND

RESTATEMENT OF THE JOINT EXERCISE OF POWERS AGREEMENT
WHEREAS, the West Contra Costa Integrated Waste Management Authority ("Authority") is a joint powers authority formed under California law to provide regulatory oversight of the disposal and recycling processing of solid waste and household hazardous waste (HHW) collected from the Cities of El Cerrito, Hercules, Pinole, Richmond, San Pablo and portions of the unincorporated County of Contra Costa; and WHEREAS, the Joint Exercise of Powers Agreement (JEPA) was executed in 1991 to form the Authority, and was subsequently amended in 1991, 1993, 1995, 2011 and 2019; and
WHEREAS, Section 1.17 of the JEPA defines "Fiscal Year" to mean the period commencing July 1 and ending on the following June 30; and WHEREAS, Section 8.8 of the JEPA requires a general budget for the Authority's operations to be adopted by the Board for the ensuing Fiscal Year prior to June 30 of each year;and
WHEREAS, the Authority establishes and approves the rates to be charged at the Approved Facilities for the start of each calendar year; and WHEREAS, Staff presented rationale for the Board's consideration to change the Authority's Fiscal Year from July 1 -June 30 to January 1 -December 31 at the Board meetings on May 14, 2026 and June 11, 2026; and
WHEREAS, the six-month lag between setting the Authority budget and setting the PCA rates can be addressed by amending the JEPA definition of "Fiscal Year" in Section

1.17 to mean the period commencing January 1 and ending on December 31, and amending Section 8.8 to require the general budget for the Authority's operations to be adopted by the Board by November 30 for the ensuing Fiscal Year beginning on January 1.

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the West Contra Costa Integrated Waste Management Authority that:

Agenda Item No. 6.C.

Attachment 3
Agenda Packet Page 41 of 215
The First Amendment to the Fifth Amendment and Restatement Joint Exercise of Powers Agreement (JEPA) is hereby approved and staff is directed to ask the Member Agencies to execute this First Amendment to the JEPA (Exhibit A).

ATTEST CHAIR OF THE BOARD
.-J::� -&tic > 4,_,a,t,>
Viviane Vidal, Board Secretary Date
Attachment: Exhibit A - First Amendment to the Fifth Amendment and Restatement Joint Exercise of Powers Agreement
I hereby certify that the foregoing Resolution was adopted by the Board of Directors of the West Contra Costa Integrated Waste Management Authority at a regularly scheduled meeting on June 11, 2026, by the following vote:

AYES: Directors:Zepeda, Xavier.Robinson, Murphy, Bhattarai, Kstanes, Brown NOES: Directors: ________________________ _
ABSTAIN: Directors: ------------------------
ABSENT: Directors: ------------------------
Viviane Vidal, Board Secretary
Agenda Packet Page 42 of 215

EXHIBIT A
First Amendment
to the
Fifth Amendment and Restatement
Joint Exercise of Powers Agreement
Agenda Packet Page 43 of 215

FIRST AMENDMENT TO THE

FIFTH AMENDMENT AND RESTATEMENT JOINT EXERCISE OF POWERS

AGREEMENT OF THE WEST CONTRA COSTA INTEGRATED WASTE

MANAGEMENT AUTHORITY
THIS FIRST AMENDMENT (the “Amendment”) is entered into as of , 2026, and is by and among the CITY OF EL CERRITO (“El Cerrito”), a municipal corporation and charter city, the CITY OF HERCULES, a municipal corporation, the CITY OF PINOLE, a municipal corporation, the CITY OF RICHMOND, a municipal corporation and charter city, and the CITY OF SAN PABLO, a municipal corporation hereinafter referred to individually as “Member” and collectively as “Members.” This Amendment amends the Fifth Amendment and Restatement Joint Exercise of Powers Agreement of the West Contra Costa Integrated Waste Management Authority, dated November 20, 2019 (the “Agreement”).

RECITALS
A. The Agreement provides that the Authority must adopt a budget for the period from July 1 to June 30 of the following year, referred to as the “Fiscal Year.” B. To better align the Authority’s budget with the annual rate setting process under the Post-Collection Agreement pursuant to which the Authority receives its operating revenue, the Board of Directors desires to operate on a calendar-year basis.

C. The Members desire to amend the JEPA to authorize Authority to adopt a calendar-year based budget for the budget year beginning on January 1, 2027.

AGREEMENT
Section 1. Section 1.17 of the Agreement is amended to read as follows:

1.17. Fiscal Year. For the period through December 31, 2026, “Fiscal Year” means the period commencing on each July 1 and ending on the following June 30. Beginning January 1, 2027, “Fiscal Year” means the period commencing on January 1 and ending on December 31 of each year.

Section 2. Section 8.8 of the Agreement is amended to read as follows:

8.8. Budget. A general budget for the Authority’s operations shall be adopted by the Board prior to June 30 for each Fiscal Year that begins on July 1 and prior to November 30 for each Fiscal Year that begins January 1 of the subsequent year. The budget adopted for the period from January 1, 2027 to December 31, 2027 shall supersede the budget covering the period from July 1, 2026 to June 30, 2027. The budget shall include sufficient detail to constitute an operating guideline, the anticipated sources of funds, and the anticipated expenditures to be made for the operations of the Authority including HHW Programs. Approval of the budget by the Board shall constitute authority for the Executive .

Agenda Packet Page 44 of 215
First Amendment JEPA dated November 20, 2019

Page 2 of 4 ends

Director to expend funds for the purposes outlined in the approved budget, subject to the availability of funds on hand.

Section 3. All other provisions of the Agreement remain unchanged and in full force and effect.
.

Agenda Packet Page 45 of 215
First Amendment JEPA dated November 20, 2019

Page 3 of 4 ends

ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

CITY OF EL CERRITO
Mayor
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

CITY OF HERCULES
Mayor
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

CITY OF PINOLE
Mayor
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

CITY OF RICHMOND
Mayor
[SIGNATURES CONTINUED ON THE NEXT PAGE]
.

Agenda Packet Page 46 of 215
First Amendment JEPA dated November 20, 2019

Page 4 of 4 ends

ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

CITY OF SAN PABLO
Mayor
.

Agenda Packet Page 47 of 215

AGENDA BILL
Agenda Item No. 6.D.

Date: August 18, 2026
To: El Cerrito City Council
From: Christina Leard, Acting Senior Management Analyst; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Subject: Authorization To Enter Into A Purchase Agreement With Glasdon, Inc.

For Twenty-Six Trash Recycling Cans

ACTION PROPOSED
Adopt a resolution authorizing the City Manager to enter into a purchase agreement with Glasdon, Inc. for an amount not to exceed $54,000 for the purchase of twenty-six trash recycling cans to be installed along San Pablo Avenue, the Ohlone Greenway, and parks around the City.

BACKGROUND/ANALYSIS
Many City waste receptacles along San Pablo Avenue and parks are past their serviceable life, damaged, and insufficient for high-litter areas. Several other locations in the City have also been identified as having high amounts of litter with no waste containers for the public to utilize. To manage waste effectively and help keep these areas clean, City staff propose replacing the aging and damaged receptacles and adding new receptacles at select locations as shown in Attachment 2.

Improving waste collection capacity in El Cerrito has been a long-standing goal. The Municipal Regional Stormwater Permit (MRP 3.0) has increased requirements for trash load reduction, requiring the City to reduce litter from entering storm drains. Adding new waste collection containers in high-litter areas and updating aging and damaged waste collection containers to be uniform, have improved signage, and also separate trash from recycling, provides a permanent, measurable control measure to help meet this goal.

In addition to the MRP trash load reduction requirements, the 2019 El Cerrito Parks and Recreation Facilities Master Plan highlights the desire to increase trash and recycling at parks and open space, including in Action A.3.1 which calls for the City to:
• Identify funding for parks to ensure continued maintenance (Urban Greening Plan, 4.3) and to upgrade the level of routine and annual maintenance, including trash/litter pick-up, landscaping and urban forest management. • Continue to identify trash generation hot spots per the Municipal Regional Stormwater process (Urban Greening Plan, 4.4)
This aligns with the City’s operational need to update public waste containers with containers that are heavy-duty, uniform, and that allow for garbage and recycling to be disposed of separately.

Agenda Packet Page 48 of 215
Agenda Item No. 6.D.

City staff reviewed various products and determined that the Glasdon, Inc. Nexus® 52G Dual Trash Recycling Can best meets the City’s needs based on cost and staff experience with various container styles and types. The City previously purchased thirty of these receptacles and installed them along the Ohlone Greenway, in several parks, and at street locations, and purchased and installed an additional forty-three units in nine parks in Fiscal Year (FY) 2025-26. The receptacles have proven stable, durable, well-labeled, and easy to service, reducing the risk of injury to staff who empty them.

Using the same model ensures consistency across City facilities.

Utilizing dual-stream containers allows the City to maintain the current number of street receptacles that require servicing while adding dedicated recycling capacity at each location. This investment will increase the number of public receptacles that accommodate recycling by approximately tenfold. Research has shown that source separation rates improve when trash and recycling are provided in clearly labeled, colorcoded, adjacent containers.

While state laws such as AB 827 and SB 1383 require recycling and organics collection in many commercial settings, these requirements do not apply to public waste receptacles located on city sidewalks, parks, or other public rights of way. Public waste receptacles are exempt because they experience significantly higher contamination rates than managed collection systems. Food waste, liquids, pet waste, and other noncompostable or non-recyclable materials are frequently deposited in public receptacles, contaminating otherwise recoverable materials and limiting their ability to be recycled or composted. For this reason, City staff proposes the dual-stream trash and recycling receptacles rather than adding a third organics compartment, as it balances increased recycling opportunities with operational efficiency and the practical limitations of managing public waste streams.

Glasdon, Inc. is the sole vendor and provider of the Nexus® 52G Dual Trash Recycling Can and is offering the City a 5.6% bulk purchase discount. Funding for this $54,000 purchase is available in the Adopted FY 2026-27 Budget in the Integrated Waste Management Fund.

Per the City's Administrative Policy III. 1, Procurement Including Professional Services Contracts, purchases of this nature would ordinarily be subject to a formal competitive bidding process. However, Section D in the policy identifies exceptions to the competitive bidding requirements. Specifically, Section D.4 provides an exception for "purchases of supplies or equipment determined by the City Council to be necessary to serve the best interests of the City."
Staff has determined that the Glasdon, Inc. Nexus® 52G Dual Trash Recycling Cans best meet the City's operational and service needs and that the proposed purchase price, including the 5.6% bulk purchase discount, is competitive.

Agenda Packet Page 49 of 215
Agenda Item No. 6.D.

Accordingly, staff recommends that the City Council determine that the purchase is in the best interests of the City, waive the formal competitive bidding requirements pursuant to the Administrative Policy III.1, Section D.4, and authorize the purchase of the Nexus® 52G Dual Trash Recycling Cans from Gladson, Inc. in an amount not to exceed $54,000.

STRATEGIC PLAN CONSIDERATIONS
This action supports the City’s Strategic Plan Goal(s) of:
• Infrastructure and Amenities; and
• Environmental Sustainability.

ENVIRONMENTAL CONSIDERATIONS
Providing new, durable, high-capacity trash, and recycling receptacles throughout the City will help to minimize the amount of litter inappropriately discarded on San Pablo Avenue, commercial corridors, and in parks. Consequently, the receptacles may also yield modest water quality benefits by preventing litter from entering storm drains. This proposed action will not result in a project as defined by the California Environmental Quality Act (CEQA).

FINANCIAL CONSIDERATIONS
Funding for this request in the amount of $54,000.00 is included in the Adopted FY 2026-27 in the Integrated Waste Management Fund (501). The total cost for twenty-six units and shipping is $48,434.40 plus 10.25% sales tax (~$4,964.53) that may need to be paid separately as shown in Attachment 3.

LEGAL CONSIDERATIONS
The City Attorney has reviewed this action and found that legal considerations have been addressed.

Reviewed by:

Karen Pinkos, City Manager

Attachments:

1. Resolution

2. Receptacle Locations FY26-27

3. Glasdon Quote
Agenda Packet Page 50 of 215
RESOLUTION NO. 2026-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO AUTHORIZING

THE CITY MANAGER TO ENTER INTO A PURCHASE AGREEMENT WITH GLASDON, INC. FOR TWENTY-SIX NEXUS® 52G DUAL TRASH RECYCLING CANS FOR AN AMOUNT NOT TO EXCEED $54,000
WHEREAS, the City of El Cerrito’s Strategic Plan identifies the goal of Infrastructure and Amenities to advance climate focused, sustainable infrastructure that has community benefits; and the goal of Environmental Sustainability to promote environmental stewardship; and
WHEREAS, trash, debris, and other pollutants on City streets and in parks can easily be mobilized by rain and wind to gutters and storm drain inlets, and end up in creeks flowing to the San Francisco Bay; and
WHEREAS, the Municipal Regional Stormwater Permit (MRP) requires the City to continue implementing measurable actions to reduce trash entering the storm drain system, and installing new and replacement public waste receptacles in high-litter areas supports the City's trash load reduction efforts; and
WHEREAS, the 2019 Parks and Recreation Facilities Master Plan identifies improving litter maintenance, upgrading trash, and recycling receptacles, and addressing trash generation hot spots as priorities to improve the City's parks and public spaces; and WHEREAS, adding public waste receptacles and replacing aging and damaged public waste receptacles with durable, uniform dual-stream trash and recycling receptacles will increase public recycling opportunities while improving maintenance efficiency and supporting the City's litter reduction efforts; and WHEREAS, public waste receptacles are exempt from state requirements for organics collection due to the high contamination rates typically associated with public waste streams; and
WHEREAS, under Section D.4 of Administrative Policy III.1, the City may dispense with formal procurement process in several circumstances, including when “necessary to serve the best interests of the City”; and
WHEREAS, City staff determined that the Glasdon, Inc. Nexus® 52G Dual Trash Recycling Cans best meet the City's operational needs based on high-capacity, durability, serviceability, consistency with existing installations, and competitive pricing; and WHEREAS, City staff propose that the City Council waive the formal procurement process to purchase twenty-six Glasdon, Inc. Nexus® 52G Dual Trash Recycling Cans as such procurement from this particular vendor would be in the best interest of the City as described above; and
Agenda Packet Page 51 of 215
WHEREAS, funding for this $54,000 purchase is included in the Adopted Fiscal Year 2026-27 Budget in the Integrated Waste Management Fund (501).

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito, California, hereby authorizes the City Manager to enter into a purchase agreement with Glasdon, Inc. for twenty-six Nexus® 52g Dual Trash Recycling Cans for an amount not to exceed $54,000.

BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon passage and adoption.

I CERTIFY that at a regular meeting on August 18, 2026 the City Council of the City of El Cerrito passed this Resolution by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on .

Holly M. Charléty, City Clerk
APPROVED:

Gabe Quinto, Mayor
Agenda Packet Page 52 of 215
Location Area
Cerrito Vista 1 Park
Lower Creek 1 - Carlson Entrance Park
Lower Creek 2 - playground Park
Ohlone / San Pablo 2 Baxter Creek
11952 San Pablo Ave Baxter Creek
Ohlone / Conlon 5 Baxter Creek
Ohlone / Conlon 3 Baxter Creek
11888 San Pablo Ave - Nug / Conlon (New) San Pablo Ave
11861 San Pablo Ave - Home Depot / Starbucks San Pablo Ave 11821 San Pablo Ave - McDonalds (New) San Pablo Ave
11595 San Pablo Ave - Taco Bell San Pablo Ave
10764 San Pablo Ave - Stiizy Bus stop San Pablo Ave
10770 San Pablo Ave - Stiizy Corner (New) San Pablo Ave San Pablo / Moeser - Baskin Robbins (New) San Pablo Ave 10669 San Pablo Ave - Nations loose San Pablo Ave
10012 San Pablo Ave - Pic & Pac San Pablo Ave
9901 San Pablo Ave - Chipotle Old / Loose San Pablo Ave 10104 San Pablo - Central and San Pablo + 10102 San Pablo Ave San Pablo Ave 10086 San Pablo - Central and San Pablo San Pablo Ave
6500 Fairmount - Fairmount and Kearney  Fairmount / Plaza BART 3090 El Cerrito Plaza - Fairmount and ECP Fairmount / Plaza BART 6525 Fairmount - Fairmount and Liberty  Fairmount / Plaza BART 6701 Fairmount - Fairmount ECP BART Fairmount / Plaza BART 6700 Fairmount - Gas station Fairmount / Plaza BART
763 Albemarle - 7/11 Rear (Difficult Removal) Stockton
7002 Stockton - 7/11 Front (Difficult Removal) Stockton Agenda Packet Page 53 of 215
Qty Unit Price Total Price
Nexus® 52G Dual Trash Recycling Can
The Nexus 52G dual trash recycling can allows two separate single streams of recycling to be collected in one single waste receptacle.

Black- Trash/ Blue- Mixed Recycling
Includes Metal Liners and City of El Cerrito Logo
_____________________________________
Product Information
Product News
Product Videos
26 $1,734.00 $45,084.00
$42,559.40
-5.60%
Total
(excluding Sales Tax)
Shipping to
El Cerrito 94530
$48,434.40
$5,875.00
(Images shown are examples only, your final product will vary depending on specification) All details will remain firm until 08/22/2026
Delivery to be confirmed upon receipt of order.

Please refer to the Conditions of Sale.

Subtotal
(excluding Sales Tax) $42,559.40
Sales Tax
(0.00%)
$0.00
Total
(including Sales Tax) $48,434.40
Glasdon, Inc. 13153 B Telcourt Road, Ashland, VA 23005
Brochures
Authorized Signatory:

Date:

EQ10011412
DIR Glasdon, Inc.

EQ10011414
Quote
Carlos Hernandez
City of El Cerrito
10890 San Pablo Avenue
El Cerrito, CA 94530
Account Code: 590002468
07/23/2026
EQ10011414
Email: [email protected]
WhatsApp: 1-855-874-5273
Book online product demo Request a callback
Follow us on : www.glasdon.com
Go to Online Checkout Complete this order using our online checkout (fastest option) Agenda Packet Page 54 of 215

AGENDA BILL
Agenda Item No. 6.E.

Date: August 18, 2026
To: El Cerrito City Council
From: Stephen Prée, Environmental Programs Manager; Karineh Samkian, Senior Program Manager; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Subject: Agreement with Powers Forestry LLC for the Hillside Natural Area Quarry Hill Fire Fuel Reduction Project, G3012

ACTION PROPOSED
Adopt a resolution authorizing the City Manager to execute an agreement with Powers Forestry LLC to provide invasive tree removal services for the Hillside Natural Area Quarry Hill Fire Fuel Reduction Project, G3012 in the amount of $424,500, including a contingency amount not to exceed $24,865.

BACKGROUND
The Hillside Natural Area (HNA) is approximately 107 acres of open space in El Cerrito that is popular with residents and visitors for its recreational opportunities, scenic vistas, and natural landscape. Over the last few years, community concerns regarding fire risk in the HNA and surrounding communities have significantly increased. The City has responded with ongoing and increased vegetation maintenance activities, completing work largely based on past planning efforts. However, a new plan was needed to guide more robust, comprehensive, and balanced management of the HNA.

The City was awarded a State Coastal Conservancy grant in September 2022 to develop the Hillside Natural Area Fire Resilience and Forest Conservation Plan (Plan), which is a science-based framework and strategy to guide the City’s management of the HNA and to aid in securing grant funding for priority management activities. The Plan includes recommendations with a prioritized list of actions to minimize fire threats and vulnerabilities, while at the same time protecting the recreational and ecological values that the HNA offers. The Plan and the associated California Environmental Quality Act (CEQA) documents (https://www.elcerrito.gov/1650/Hillside-Natural-Area-Plan) were completed and approved by the City Council in June 2025 per Resolution 2025-35.

Since the recommendations in the Plan require funding beyond the City’s existing budgets, it was anticipated that projects would be completed as the City secured additional funding.

In the fall of 2025, the cities of El Cerrito and Albany applied for and were awarded a $850,000 grant from the State Coastal Conservancy to implement wildfire resilience demonstration projects to reduce wildfire hazards, steward natural areas, and reuse the timbered wood.

Agenda Packet Page 55 of 215
Agenda Item No. 6.E.

The City of El Cerrito planned to use grant funds in the amount of $510,000 to remove hazardous eucalyptus and other invasive tree species in the highest priority areas, such as the Quarry Hill area of the HNA (subject of this action), followed by regenerative native habitat stabilization. Also, as part of the grant, the two cities are collaborating to host a wood milling demonstration and a fire resilience landscape workshop separately in each jurisdictional location.

This grant project meets the HNA Plan priority of “Removal of Eucalyptus and NonNative Conifers”, listed as a High-Medium priority with Quarry Hill and Motorcycle Hill being the most important locations (Motorcycle Hill currently has access limitations).

ANALYSIS
The goals for the invasive tree removal portion of the project include:

1. Cut and remove eucalyptus and other invasive trees, chip debris, treat stumps with approved herbicide, and haul logs and remaining vegetation off-site.

2. Abide by standard best management practices for the protection of native trees, wildlife, and habitats during tree removal activities.

3. Implement erosion control, the best management practices during removal activities and return access roads to pre-project conditions.

4. Comply with all CEQA Mitigation Monitoring and Reporting Program (MMRP) requirements and biologist recommendations.

City staff released the Request for Proposals (RFP) for the Quarry Hill Fire Fuel Reduction Project, Tree Removal Services on June 25, 2026, making it available through on an online plan-room used by the City. A legal notice regarding the RFP was published in the West County/East Bay Times on June 30, 2026. The notice was also posted on the City’s website and emailed to 19 companies.

The City received proposals from seven companies by the due date of July 23, 2026.

Following receipt of the proposals, a committee comprised of staff from the Public Works Department evaluated the proposals based on the following criteria:

Criteria Maximum
Points
Demostrated Experience on Comparable Projects 20
Understanding of the Work 10
Experience of Key Personnel 10
References 10
Licensing and Registration Requirements 5
Cost Proposal 35
Total 90
Agenda Packet Page 56 of 215
Agenda Item No. 6.E.

After reviewing all proposals, City staff invited White Oak Land Management and Powers Forestry LLC for interviews to better understand each company’s proposed methodology, cost proposal, and experience.

Upon completing the interviews and calling references, Powers Forestry LLC (Powers) proved to be the most qualified company that would meet the needs of the City. They provided the most comprehensive, cost-competitive proposal. Powers has extensive experience with forest management, reforestation, vegetation management, and fire fuel reduction projects on public agency-managed lands. Their staff includes two Registered Professional Foresters, a Licensed Timber Operator, a Pest Control Advisor, and International Society of Arboriculture (ISA) Certified Arborists. Additionally, Powers Forestry is familiar with the HNA from their previous Measure X contract work for Contra Costa County Fire Protection District, which involved creating and maintaining defensible space in the HNA.

Project Implementation
Area: The goal of the RFP was to maximize the area of tree removal within the available budget with a minimum of 3.5 acres to meet grant commitments. The RFP requested a cost per acre to remove invasive trees from Quarry Hill, apply pre-approved herbicide to those tree stumps, and dispose of the wood waste. However, due to contractor questions regarding per acre pricing in the distinctly different project area topography, the City issued an Addendum which separated the bidding into 3 discernable project areas with separate costs per acre (Attachment 2 - Addendum Map). Contractors noted potential safety hazards of removing some trees on the face of the quarry wall (Area 2).

Due to this concern, Powers Forestry LLC recommend limiting work in Area 2 to 1 acre immediately south of the quarry wall, while addressing all of Area 1 and Area 3. This results in 8.7 acres of tree removal. The potentially hazardous tree removal on the quarry wall will be considered in the future as part of a separate project and with additional funding. The contracted project area includes the top of Quarry Hill, as well as the area east of Park View and south of the City Corporation Yard. The project area does not include work in a 50-foot riparian buffer zone, on the east, south, and southwest sides of Quarry Hill, per California Department of Fish and Wildlife requirements.

Timeline: The contractor estimates work will take approximately 35 working days.

Barring weather delays and with an estimated start date in early September, work is anticipated to be completed by the end of October.

Tree Disposal: As specified in the RFP, Powers Forestry LLC will mulch and use 10 to 20 percent of the tree material for onsite erosion control, deliver 20 logs to the City Corporation Yard for a public milling demonstration in the fall, and deliver the rest of the material to Woodland Biomass Power LLC (https://dtevantage.com/businesslines/renewable-energy/), a facility utilizing timber waste as fuel to produce electricity.

Agenda Packet Page 57 of 215
Agenda Item No. 6.E.

Disturbance: As with any project of this type, there will be noise and some dust when the contractor is cutting trees. There will also be added truck traffic on approved routes to the City Corporation Yard for processing and loading and from the Corporation Yard to I-80. The City will work closely with the contractor to minimize any disturbances.

Working hours are limited to weekdays between 7:00 a.m. to 6:00 p.m.

HNA Access: The contractor will use temporary fencing to establish a work zone for the protection of the public and to secure the work area. The City will post signs at HNA entrances with notification of the grant project work. Only Quarry Hill and associated trails will be closed during the project and the public will have access to the rest of the HNA.

Outreach: City staff will be creating a project page on the City’s website that will provide project updates, contact information, and responses to Frequently Asked Questions. In addition, information will be included in the City Manager’s Monthly Update and on the City’s social media platforms. Finally, City staff will notify stakeholder groups and mail letters to residents within 300 feet of each access point.

Regenerative Native Habitat Stabilization Plan: The biological services consultant will develop a specific regenerative native habitat stabilization plan after the post-timbering conditions are evident. This plan will promote existing native plant growth in the grove while limiting invasive plant species proliferation. Measures will protect and cultivate understory species such as coast live oak, toyon, sticky monkey flower, California goldenrod, and California buckwheat. The project will limit new regenerative plantings to avoid potential damage from future fuel reduction projects on Quarry Hill. After proposals are requested from qualified companies to implement the plan, the selected contractor will perform vegetation management work including cultivation of native plants, and removal of invasive plants such as French broom, Italian thistle, and eucalyptus seedlings, through the end of the grant period in June 2027. Similar ongoing invasive plant management work will be required to sustain the regenerative native habitat.

Recommendation
Based on the RFP process, City staff recommends that the City Council approve an agreement with Powers Forestry LLC to provide invasive tree removal services for the Quarry Hill Fire Fuel Reduction Project for an amount not to exceed $424,500, including a contingency amount not to exceed $24,864.

STRATEGIC PLAN CONSIDERATIONS
This action supports the City’s Strategic Plan Goal(s) of:
• Community Safety by implementing effective fire resilience work; and • Livability and Belonging by conserving one of the City’s most treasured and unique natural assets; and
Agenda Packet Page 58 of 215
Agenda Item No. 6.E.
• Environmental Sustainability by protecting native tree and plant communities with their associated environmental benefits.

ENVIRONMENTAL CONSIDERATIONS
Because the City prepared an Initial Study/Mitigated Negative Declaration in accordance with CEQA for the HNA Plan to evaluate the impacts of the Plan, and the City Council approved the CEQA per Resolution 2025-34, the Quarry Hill Fire Fuel Reduction Project does not require any further review. However, the MMRP identifies mitigation measures that are required to avoid significant impacts (Attachment 3). The City has already completed the geotechnical analysis and contracted with a biologist to implement the biological surveys identified in the MMRP.

FINANCIAL CONSIDERATIONS
The City was awarded a $510,000 grant from the State Coastal Conservancy for the Quarry Hill Fire Fuel Reduction Project (Project Number G3012), which is included Adopted Fiscal Year 2026-27 Budget in the Capital Improvement Fund (304). There is sufficient grant funding for the proposed agreement and contingency totaling $424,500.

The State Coastal Conservancy grant has no “local match” requirement. The final grant reimbursement will be based on the actual contractor costs. The Public Works Department will manage the project implementation with existing staff.

LEGAL CONSIDERATIONS
The City Attorney has reviewed the proposed action and found that legal considerations have been addressed. The proposed agreement will conform to the City’s standard agreement as approved to form by the City Attorney.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution

2. Addendum Map

3. Draft Agreement
Agenda Packet Page 59 of 215
RESOLUTION 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH POWERS

FORESTRY LLC TO PROVIDE INVASIVE TREE REMOVAL SERVICES FOR THE

HILLSIDE NATURAL AREA QUARRY HILL FIRE FUEL REDUCTION PROJECT, G3012, IN THE AMOUNT OF $424,500 INCLUDING A CONTINGENCY AMOUNT NOT TO EXCEED $24,865
WHEREAS, the City has responded to concerns regarding fire risk in the Hillside Natural Area (HNA) with ongoing and increased vegetation maintenance activities by completing work based largely on past planning efforts; and WHEREAS, with a grant from the State Coastal Conservancy, the City developed the HNA Fire Resilience and Forest Conservation Management Plan (HNA Plan), a science-based framework and strategy to guide the City’s management of the HNA and to aid in securing grant funding for priority management activities; and WHEREAS, the HNA Plan and the California Environmental Quality Act documents were developed through extensive community engagement and adopted by the City Council on June 3, 2025 per Resolutions 2025-34 and 2025-35; and WHEREAS, the City partnered with the City of Albany and jointly applied for and was awarded a $850,000 Coastal Conservancy demonstration grant to implement the Albany-El Cerrito Wildfire Resilience Demonstration Project which includes a project from the HNA Plan; and
WHEREAS, the El Cerrito project, for which $510,000 in grant funds were allocated, will include removing hazardous, and invasive trees in and around Quarry Hill, planting and habitat stabilization of the area, hosting milling demonstrations, and hosting community workdays; and
WHEREAS, on June 25, 2026, the City issued a Request for Proposals (RFP) for the tree removal portion of the Project, making it available through on an online plan-room used by the City, and a notice regarding the RFP was published in the West County/East Bay Times on June 30, 2026, posted the City’s website, and directly provided it to nineteen companies; and
WHEREAS, the RFP scope included the removal of hazardous eucalyptus and invasive trees, treatment of the stumps with herbicide, and disposal of the vegetation; and WHEREAS, the City received seven proposals by the July 23, 2026 due date; and WHEREAS, upon consideration of the demonstrated experience with similar work, understanding of the scope of services, experiences of key personnel, licenses, and cost competitiveness, the selection committee determined that the proposal received from Powers Forestry LLC best meets the needs of the City; and Agenda Packet Page 60 of 215
WHEREAS, funding for all contractor expenses for the project is reimbursable by the State Coastal Conservancy in a no-match grant and is included in the Adopted Fiscal Year 2026-27 Budget in the Capital Improvement Fund.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito authorizes the City Manager to execute an agreement with Powers Forestry LLL to provide tree removal services for the Quarry Hill Fire Fuel Reduction Project in the amount of $424,500 including a contingency amount not to exceed $24,865.

BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon passage and adoption.

I CERTIFY that at a regular meeting on August 18, 2026, the City Council of the City of El Cerrito passed this Resolution by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on .

Holly M. Charléty, City Clerk
APPROVED:
________________________
Gabe Quinto, Mayor
Agenda Packet Page 61 of 215
ATTACHMENT 2
Agenda Packet Page 62 of 215

GENERAL SERVICES AGREEMENT BETWEEN

THE CITY OF EL CERRITO AND

POWERS FORESTRY LLC
This agreement for General Services (“Agreement”) is entered into on August 25, 2026 (the “Effective Date”) between the CITY OF EL CERRITO, a municipal corporation, with offices located at 10890 San Pablo Avenue, El Cerrito, California (“City”) and Powers Forestry LLC (“Contractor”) (together sometimes referred to as the “Parties”).

Section 1. SERVICES. In accordance with the terms and conditions set forth in this Agreement, Contractor agrees to perform all services described in the Scope of Services, attached as Exhibit A, which is incorporated herein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.1 Term of Services. This Agreement shall begin on the Effective Date and shall end December 31, 2026, unless the term of the Agreement is otherwise terminated or modified, as provided for herein.

1.2 Standard of Performance. Contractor shall diligently perform all services required in connection with this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession.

1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services in connection with this Agreement.

1.4 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor. In the event of termination, Contractor shall be entitled to compensation for services satisfactorily completed as of the date of written notice of termination; City, however, may condition payment of such compensation upon Contractor delivering to City documents and records identified in Section 10.1 of this Agreement.

1.5 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Contractor’s obligations hereunder.

Section 2. COMPENSATION. City hereby agrees to pay Contractor for the Scope of Services, whether by fixed price, hourly rates subject to a fixed rate schedule, pursuant to the fee schedule attached as Exhibit B, which is incorporated herein. Total compensation for work performed under this Agreement, NOT TO EXCEED $399,635.

2.1 Invoices. Contractor shall submit invoices once a month, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Contractor shall have ninety (90) days after the completion of work to invoice City for all amounts due and outstanding under each governed by this Agreement. In the event, Contractor fails to invoice City for all amounts due within such ninety (90) day period, Contractor shall waive its right to collect payment from City.

Agenda Item No. 6.E.

Attachment 3
Agenda Packet Page 63 of 215

2.2 Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor.

Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.3 Reimbursable Expenses. No expenses, costs, or liabilities of Contractor shall be reimbursable unless the obligation and manner of reimbursement is expressly set forth in the scope of services (Exhibit A) and in the fee schedule (Exhibit B).

2.4 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

Section 3. CHANGES AND EXTRA SERVICES.

3.1 Provided that City gives reasonable advance notice to Contractor, City may propose in writing changes to Contractor’s work within the Scope of Services described. If Contractor is of the opinion that any proposed change causes an increase or decrease in the cost, or a change in the schedule for performance, of the services, Contractor shall notify City in writing of that fact within five (5) days after receipt of written proposal for changes.

Contractor may also initiate such notification, upon identifying a condition which may change the Scope of Services as agreed at the time of execution of this Agreement covering such Scope of Services. When and if City and Contractor reach agreement on any such proposed change and its effect on the cost and time for performance, they shall confirm such agreement in writing as an amendment to this Agreement. In the event the Parties cannot reach agreement as to the proposed change, at the City’s sole discretion, Contractor shall perform such work and will be paid for labor, materials, equipment rental, etc., actually used to perform the work.

3.2 City shall not be liable for payment of any changes under Section 3.1, nor shall Contractor be obligated to perform any such changes, except upon such written amendment or supplement; provided that if, upon City’s written request, Contractor begins work in accordance with a proposed change, City shall be liable to Contractor for the amounts due with respect to Contractor’s work pursuant to such change, unless and until City notifies Contractor to stop work on such change.

Section 4. PROJECT SITE. Contractor shall perform the Services in such a manner as to cause a minimum of interference with City’s operations and the operations of other contractors at each Project site and to protect all persons and property thereon from damage or injury. Upon completion of the Services at a Project site, Contractor shall leave such Project site clean and free of all tools, equipment, waste materials and rubbish. Each Project site may include all buildings, offices, and other locations where Services are to be performed, including any access roads. Contractor shall be solely responsible for the safe transportation and packing in proper containers and storage of any equipment required for performing Agenda Packet Page 64 of 215
the Services, whether owned, leased or rented. City will not be responsible for any such equipment which is lost, stolen or damaged or for any additional rental charges for such equipment. Equipment left or stored at a Project site, with or without permission, is at Contractor’s sole risk. City may assume that anything left on the work site an unreasonable length of time after said work is completed has been abandoned. Any transportation furnished by City shall be solely as an accommodation and City shall have no liability therefore. Contractor acknowledges and agrees that it shall assume the risk and is solely responsible for its use of any City owned equipment and property provided by City for the performance of Services. City shall have no liability to Contractor therefore. In addition, Contractor further acknowledges and agrees that it shall assume the risk and is solely responsible for its owned, non-owned and hired automobiles, trucks or other motorized vehicles as well as any equipment, tolls, or other property which is utilized by Contractor on each Project site.

Section 5. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below for the period covered by the Agreement. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City. Contractor shall maintain all required insurance listed herein for the duration of this Agreement.

5.1 Workers’ Compensation. If Contractor employs any person, Contractor shall maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor with limits of not less than One Million Dollars ($1,000,000.00) per accident.

5.2 Commercial General and Automobile Liability Insurance. Contractor shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. The City shall be named as an additional insured and insurance shall provide primary coverage with respect to the City by written endorsement to the policy.

Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

5.3 General Liability/Umbrella Insurance. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated.

Agenda Packet Page 65 of 215

5.4 [Intentionally deleted.]

5.5 All Policies Requirements.

5.5.1 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall, at the sole option of the City, provide City with (1) certified Certification of Insurance that demonstrates compliance with all applicable insurance provisions contained herein; and (2) upon request by the City, complete certified copies of all policies and/or complete certified copies of all endorsements that demonstrate compliance with this Section 5.

5.5.2 Notice of Reduction in or Cancellation of Coverage. A certified endorsement must be attached to all insurance obtained in accordance with this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.

5.6 Waiver of Subrogation. Contractor agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and subcontractors.

Section 6. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES.

6.1 To the fullest extent permitted by law, Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers (collectively, “Indemnities”) from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services contained in this Agreement, or its failure to comply with any applicable law or regulation, except such Liability caused by the sole negligence or willful misconduct of City.

The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City in writing. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first.

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With respect to third party claims against the Contractor, the Contractor waives any and all rights of any type to express or implied indemnity against the Indemnitees.

Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damage or claims for damages whether or not such insurance policies shall have been determined to apply.

6.2 PERS Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

6.3 Design Professionals. Notwithstanding Sections 6.1 and 6.2, to the extent that the services under this Agreement include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Contractor’s duty to indemnify shall only be to the maximum extent permitted by California Civil Code Section 2782.8.

6.4 Construction Contracts. Notwithstanding Sections 6.1 and 6.2, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.

Section 7. STATUS OF CONTRACTOR. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of Contractor’s services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement.

Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 8. LEGAL REQUIREMENTS.

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8.1 Governing Law. The laws of the State of California shall govern this Agreement.

8.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work in connection with this Agreement.

8.3 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.

Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.

8.4 Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

8.5 Work Requiring Payment of Prevailing Wages. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code must be paid to all workers engaged in performing the Work. Copies of such prevailing rate of per diem wages can be found at the following website: https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

All contractors and subcontractors who bid or work on a public works project over amounts specified under California Labor Code Section 1725.5(f) must register and pay an annual fee to Department of Industrial Relations (DIR) pursuant to California Labor Code section 1725.5. Information regarding DIR registration can be found at the following website:
https://www.dir.ca.gov/public-works/publicworks.html
Contractor agrees, in accordance with Section 1771.1 of the California Labor Code, that contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Contractor agrees, in Agenda Packet Page 68 of 215
accordance with Section 1771.4 of the California Labor Code, this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Section 9. MODIFICATION.

9.1 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

9.2 Assignment. Contractor may not assign this Agreement or any interest therein without the prior written approval of the City.

9.3 Subcontracting. Contractor shall not subcontract any portion of the performance contemplated and provided for herein without prior written approval of the City. Where written approval is granted by the City, Contractor shall supervise all work subcontracted by Contractor in performing the Services; shall be responsible for all work performed by a subcontractor as if Contractor itself had performed such work; the subcontracting of any work to subcontractors shall not relieve Contractor from any of its obligations under this Agreement with respect to the Services; and Contractor is obligated to ensure that any and all subcontractors performing any Services shall be fully insured in all respects and to the same extent as set forth under Section 5, to City’s satisfaction.

9.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.

9.5 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

9.5.1 Immediately terminate the Agreement;

9.5.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor in accordance with this Agreement;

9.5.3 Retain a different Contractor to complete the Services not finished by Contractor; or

9.5.4 Charge Contractor the difference between the costs to complete the work at the time of breach and the amount that City would have paid Contractor in accordance with Section 2 if Contractor had completed the Work.

Section 10. KEEPING AND STATUS OF RECORDS.

10.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the City.

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10.2 Contractor’s Books and Records. Contractor shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement.

10.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the “Disclosing Party”) may disclose confidential, proprietary or trade secret information (the “Information”), to the other party (the “Receiving Party”). The Receiving Party shall hold the Disclosing Party’s Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Contractor understands that City is a public City and is subject to the laws that may compel it to disclose information about Contractor’s business.

10.4 Inspection and Audit of Records. Any records or documents that this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City.

Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.

Section 11. WARRANTY.

11.1 In addition to any and all warranties provided or implied by law or public policy, Contractor warrants that all Services (including but not limited to all equipment and materials supplied in connection therewith) shall be free from defects in design and workmanship, and that Contractor shall perform all Services in accordance with all applicable engineering, construction and other codes and standards, and with the degree of high professional skill normally exercised by or expected from recognized professional firms engaged in the practice of supplying services of a nature similar to the Services in question. Contractor further warrants that, in addition to furnishing all tools, equipment and supplies customarily required for performance of work, Contractor shall furnish personnel with the training, experience and physical ability, as well as adequate supervision, required to perform the Services in accordance with the preceding standards and the other requirements of this Agreement. In addition to all other rights and remedies which City may have, City shall have the right to require, and Contractor shall be obligated at its own expense to perform, all further services which may be required to correct any deficiencies which result from Contractor’s failure to perform any Services in accordance with the standards required by this Agreement. Moreover, if, during the term of this Agreement (or during the one (1) year period following the term hereof), any equipment, goods or other materials or Services used or provided by Contractor under this Agreement fail due to defects in material and/or workmanship or other breach of this Agreement, Contractor shall, upon any reasonable notice from City, replace or repair the same to City's satisfaction. Unless otherwise expressly permitted, all materials and supplies to be used by Contractor in the performance of the Services shall be new and best of kind.

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11.2 Contractor hereby assigns to City all additional warranties, extended warranties, or benefits like warranties, such as insurance, provided by or reasonably obtainable from suppliers of equipment and material used in the Services.

Section 12. HEALTH AND SAFETY PROGRAMS. The Contractor shall establish, maintain, and enforce safe work practices, and implement an accident/incident prevention program intended to ensure safe and healthful operations under their direction. The program shall include all requisite components of such a program under Federal, State and local regulations and shall comply with all City site programs.

12.1 Contractor will be responsible for acquiring job hazard assessments as necessary to safely perform all duties of each Project and provide a copy to City upon request.

12.2 Contractor will be responsible for providing all employee health and safety training and personal protective equipment in accordance with potential hazards that may be encountered in performance of Project and provide copies of the certified training records upon request by City. Contractor shall be responsible for proper maintenance and/or disposal of their personal protective equipment and material handling equipment.

12.3 Contractor is responsible for ensuring that its lower-tier subcontractors are aware of and will comply with the requirements set forth herein.

12.4 City, or their representatives, shall periodically monitor the safety performance of the Contractor working on the Project. All Contractors and their subcontractors shall be required to comply with the safety and health obligations as established in the Agreement.

Non-compliance with safety, health, or fire requirements may result in cessation of work activities, until items in non-compliance are corrected. It is also expressly acknowledged, understood and agreed that no payment shall be due from City to Contractor under this Agreement at any time when, or for any Services performed when, Contractor is not in full compliance with this Section 10.

12.5 Contractor shall immediately report any injuries to the City site safety representative.

Additionally, the Contractor shall investigate and submit to the City site safety representative copies of all written accident reports, and coordinate with City if further investigation is requested.

12.6 Contractor shall take all reasonable steps and precautions to protect the health of their employees and other site personnel with regard to their Scope of Services. Contractor shall conduct occupational health monitoring and/or sampling to determine levels of exposure of its employees to hazardous or toxic substances or environmental conditions.

Copies of any sampling results will be forwarded to the City site safety representative upon request.

12.7 Contractor shall develop a plan to properly handle and dispose of all hazardous wastes they generate within the Scope of Services.

12.8 Contractor shall advise its employees and subcontractors that any employee, who jeopardizes his/her safety and health, or the safety and health of others, may be subject to actions including removal from Project.

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12.9 Contractor shall, at the sole option of the City develop and provide to the City a Hazardous Material Spill Response Plan that includes provisions for spill containment and clean-up, emergency contact information including regulatory agencies and spill sampling and analysis procedures. Hazardous Materials to include diesel fuel used for trucks owned or leased by the Contractor.

Section 13. MISCELLANEOUS PROVISIONS.

13.1 Attorneys’ Fees. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

13.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Contra Costa or in the United States District Court for the Northern District of California.

13.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect.

13.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

13.5 Contract Administration. This Agreement shall be administered by the City Manager or his/her designee, who shall act as the City’s representative. All correspondence shall be directed to or through the representative.

13.6 Notices. Any written notice to Contractor shall be sent to:

Mike Powers
Powers Forestry LLC
PO Box 175
Elk, CA 95432
Any written notice to City shall be sent to:

City Manager
City of El Cerrito
10890 San Pablo Avenue
El Cerrito, CA 94530

13.7 Professional Seal. Where applicable in the determination of the City, the first page of a technical report, first page of design specifications, and each page of construction Agenda Packet Page 72 of 215
drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation.

13.8 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. All exhibits attached hereto are incorporated by reference herein.

13.9 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. n

13.10 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

The Parties have executed this Agreement as of the date signed by the City.

CITY OF EL CERRITO CONTRACTOR: Powers Forestry LLC
Date: Date:

Karen Pinkos, City Manager Mike Powers, Owner/Managing Member Attest:
________________________________
Holly M. Charléty, City Clerk
Approved as to Form:
_________________________________
Sky Woodruff, City Attorney
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EXHIBIT A

SCOPE OF SERVICES
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SCOPE OF SERVICES

TECHNICAL SPECIFICATIONS
I. GENERAL REQUIREMENTS
A. Vegetation Removal and Treatment
With a grant from the State Coastal Conservancy, City staff and consultants, with input from the public, developed the Hillside Natural Area (HNA) Fire Resilience and Forest Conservation Management Plan (Plan). The purpose of the Plan is to guide the City’s fire fuel reduction, native forest conservation, and maintenance activities. The Quarry Hill Fire Fuel Reduction Project is a project included in the Plan and is made possible by a State Coastal Conservancy grant. The scope of this project is to remove hazardous eucalyptus and invasive trees and other vegetation in as much of the Quarry Hill area (See Exhibit A – Site Map) that is possible with the available budget.

B. Management Philosophy
The Contractor shall take a pro-active approach in correcting problems within the Contractors’ span of responsibility and control. Other problems and suggestions for improvements, both short and long term, must be submitted promptly to the City for appropriate action.

C. Public Image and Etiquette
All contracted employees while on the site shall exhibit a clean, neat professional appearance.

Contractor’s equipment and vehicles shall also be professional in appearance, exhibit the company name and phone number, and be well maintained for safe operation.

D. Hours of Operation
The Contractor shall conform operations to the hours between 7:00 AM and 5:00 PM, Monday through Friday, during the life of the contract. Any exception shall only be authorized with prior approval of the City Representative.

E. Red Flag Days
Contractor shall check for Red Flag Warnings by monitoring alerts and webpages from the National Weather Service including: https://www.weather.gov/wrh/CAFW?area=CAZ508. On days where a Red Flag Warning is declared in the East Bay Hills CAZ508, no “Hot Work” shall be allowed as follows, where “Hot work” is defined as any work that involves burning, welding, metal-cutting, paving, using fire- or spark-producing tools, gas-powered equipment, open flames or other work that produces a source of ignition:

1. On Red Flag Days, inside areas of the City that are labelled as Very High Fire Hazard Severity Zones (VHFHSZ), as shown in the red areas of the map. no hot work or other activities that could cause a fire in the VHFHSZ are allowed.

2. On Red Flag Days, outside VHFHSZ areas all work including hot work is acceptable except if special conditions exist, such as humidity in low digits, high winds or high temperatures. In these cases, Contractor shall consult with City Representative.

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The map pictured here displays the City boundaries with the area colored red denoting Very High Fire Hazard Severity Zones, more information on the VHFHSZ boundaries can be found at https://www.elcerrito.gov/1713/Fire-Hazard-Severity-Zones.

F. Repairs and Corrective Actions
The Contractor agrees to be continuously alert in locating and defining problems and agrees to exercise prompt and proper corrective action. Action items will be prioritized, and low priority items will be given a timeline for corrections. Contractor shall communicate to the City Representative any landscape and non-landscape related hazards encountered while on site.

Work requests related to citizen requests or reported hazards to Contractor that require scheduling with the City’s Representative will be prioritized dependent on each request.

Immediate response may be necessary.

Any private property or City property damaged or altered in any way during the performance of the work under this contract shall be reported promptly to the City's representative and shall be rectified in an approved manner back to its former condition, prior to damage, at the Contractor's expense.

Any hazardous conditions noted, or seen, by the Contractor that has occurred by any means other than during the performance of the Contractor's work, whether by vandalism or any other means, shall be promptly reported to the City’s Representative. The Contractor is responsible for securing any immediate hazards with caution tape, safety cones, or barricades until a City Representative arrives to the location.

G. Safety
Contractor agrees to perform all work outlined in the Agreement in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all City, County, State or other legal requirements including, but not limited to, full compliance with the terms of the applicable O.S.H.A. and CAL E.P.A. Safety Orders at all times so as to protect all persons, Agenda Packet Page 76 of 215
HILLSIDE NATURAL AREA – QUARRY HILL FIRE FUEL REDUCTION PROJECT RFP 23 | Page
including contractor employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property.

Contractor shall cooperate fully with City in the investigation of any accident, injury or death occurring on City property, including a complete written report thereof to the City Representative within twenty-four (24) hours following the occurrence.

Contractor shall carry portable fire extinguishers.

H. Traffic

1. Maintaining Traffic – Contractor shall apply for and obtain a no-fee City Permit to identify haul routes to and from project site, temporary traffic control on streets near project access points, and to maintain emergency access within the HNA.

The use of the designated portions of the following streets by vehicles having a gross weight in excess of eight tons is prohibited:

Street From To
Cutting Boulevard Wilson Way Arlington Boulevard
Moeser Lane Navellier Street Arlington Boulevard
Potrero Avenue Navellier Street Arlington Boulevard
Rifle Range Road Arlington Boulevard East City Limits
It shall be the Contractor's responsibility to post, and remove after work is complete, no parking signs as required to perform work. Temporary "No Parking" signs and barricades can be provided by the City for pickup at the City Corporation Yard. Arrangements for signs and barricades can be made by verbal or written request to the City Representative five working days in advance of the need for signs and barricades.

Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if in the opinion of the City Representative public traffic will be better served and the work expedited. Such deviation shall not be adopted until the City Representative has indicated his written approval.

Full compensation for conforming to the requirements of this Section shall be considered as included in the contract prices paid for the various items of work and no separate payment may be made thereof.

2. If any component in the traffic control system or City property is damaged, displaced or ceases to operate or function as specified, from any cause during the progress of the work, the contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. Lane closures may be made for work periods only. At the end of each work period, all components of the traffic control system shall be removed from the traveled way, shoulder, sidewalk, pathway and parking lanes. If the Contractor so elects, said components may be stored at selected central locations approved by the City Representative within the limits of the City right-of-way.

Full compensation for conforming to the requirements of this Section shall be considered as included in the contract prices paid for the various items of work and no separate payment may be made thereof.

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I. Adjacent Properties
Adjacent City and private property and improvements shall be protected from damage and intrusion at all times during the execution of the work embraced herein. Any damage to adjacent properties shall be repaired or replaced by the Contractor at his/her expense and no payment will be allowed thereof. Work shall be carried out in a manner to avoid all conflicts with operations on adjacent properties and access to adjacent properties.

J. Differing Site Conditions
During the progress of the work, if latent physical conditions are encountered at the site differing materially from those indicated in the contract, or if unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract are encountered at the site, the party discovering such conditions shall promptly notify the City in writing of such specific differing conditions before they are disturbed and before the affected work is performed.

Upon notification, the City Representative will investigate the conditions, and if the City Representative determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of the work under the contract, an adjustment, excluding loss of anticipated profits, will be made and the contract modified in writing accordingly. The City Representative will notify the Contractor of his/her determination whether or not an adjustment of the contract is warranted. No contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has requested such in writing.

No contract adjustment will be allowed under provisions specified in this section for any effects on unchanged work.

K. City Noise Ordinance
The Contractor and any subcontractor shall at all times conform their operations with the requirement of the City of El Cerrito’s Noise Ordinance (ECMC, Chapter 19.21.050 Performance Standards). The Contractor shall conform operations to the hours between 7:00 AM and 5:00 PM, Monday through Friday, during the life of the contract. Any exception shall only be authorized with prior approval of the City Representative.

L. Payment and Inspection
Payment will be made for work satisfactorily completed as called for in this contract. The City's Representative shall inspect and notify the Contractor of any unsatisfactory work. Unsatisfactory work shall be corrected within 24 hours. Contractor or Contractor's representative shall meet with a representative from the City at least once a month during the life of this contract to inspect Work performed.

Full compensation for conforming to the work of these specifications shall be considered as included in the contract unit prices, or the proposed hourly rates and material markup, and no further payment may be made thereof.

The contract unit prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in completing the work as specified herein, and as directed by the City.

Contractor shall invoice City on a monthly basis in a form approved by the City Representative.

Invoicing shall include a detail of costs for work performed during the payment period, a summary of current invoice amounts, previous payments, and total payments to date. Certified payroll records are required with every invoice.

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M. Adjustment in Scope or Quantity of Work
The City reserves the right to increase or decrease quantities of work included by the Technical Specification or to delete entire proposal items from the proposal schedule, either before execution of the agreement or during the agreement term. If related services are desired by City which are not covered by the Technical Specifications or by the hourly rate schedule, the fee shall be negotiated and a written work order issued accordingly by the City. Contractor shall not be entitled to compensation for additional services unless a prior written work order has been executed describing the work and specifying the compensation thereof.

N. Hourly Rates for Work Not Included in Technical Specifications During the agreement term, City may request Contractor to perform work not listed in the Technical Specifications. The Contractor offers the specified labor categories at the indicated hourly rate for these additional services. Hourly rates shall include all direct and indirect costs.

For labor not listed below which is needed to perform additional work, the hourly rate shall be agreed upon between the City and Contractor before additional services are performed.

II. SPECIFIC REQUIREMENTS
A. Project Coordination and Clarification

1. The Contractor shall be aware of other park activities and shall cooperate and coordinate with City to avoid conflict between other operations.

2. The City requires the Contractor to identify a superintendent who is an employee of the Contractor, has the authority to represent and act for the Contractor, can communicate clearly in English, and who will be present during all work. The Contractor shall submit the name and the qualifications of the superintendent to the City, and the superintendent shall attend the pre-construction meeting. The superintendent shall be changed only upon written consent of the City Representative or if the superintendent ceases to be in the Contractor's employ. Any replacement must have the approval of the City Representative.

3. Contractor will provide all materials, labor, fees, and equipment necessary to complete all work, including the implementation of the erosion and sediment control, Pollution Prevention Plan (Exhibit C), and per requirements developed by the biologist (not available at the time of RFP preparation).

4. Contractor shall, before commencing operations, provide the City Representative with a written work plan or schedule of anticipated major activities. Significant changes to the work plan, at any time, must be accounted for in a revised work schedule.

5. The contractor shall meet weekly with the City Representative or more frequently if necessary.

6. Contractor is responsible for any signage in work area but the City will notify residents within 300 feet of the access points and project site regarding the work.

B. Work Restrictions
Work may be suspended when, at the discretion of the City Representative, weather or site conditions are unsafe or likely to cause damage to property or natural resources. Work stoppage determined by the City Representative for any reason shall not count against the original work period. The City Representative has the authority to stop work until conditions become suitable to resume. Work stoppage may be determined when:

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1. Adverse weather or anticipated rainfall has made or will make access inadvisable, or when continued vehicular travel would cause unacceptable land, road, landing, or skid trail damage. City Representative shall give Contractor notice to stop work if conditions are unsuitable; however, if City Representative is not immediately present and moisture conditions deteriorate, Contractor shall exercise a due standard of care and judgment to protect environmental values. Damage to lands, roads, landings, or skid trails caused by Contractor shall be mitigated as directed by the City Representative.

2. A plant, animal, habitat, or cultural resource is encountered requiring special protection measures. Work is subject to stoppage for the period necessary to either evacuate or protect the specimen(s) encountered. Location of areas needing special protection measures will be identified by flagging and appropriate mitigations for such areas and resource protection, as identified by City Representative, shall be implemented in advance of further work.

3. Red Flag Warnings are declared by the National Weather Service or when either Extreme Fire Danger or Very High Fire Danger is declared by the El Cerrito Fire Department for the contracted work area. Contractor shall cease operations unless extra precautionary measures approved by the El Cerrito Fire Chief are implemented by the Contractor.

C. Resource Protection

1. Contractor shall be aware of the environmentally sensitive areas as designated in the field by the City Representative and the contracted biologist and shall avoid adverse impact to habitat and wildlife and shall be responsible for adhering to applicable laws, regulations and the Mi�ga�on Monitoring and Repor�ng Program (Exhibit B).

2. Retain duff and up to 1” of forest litter to reduce soil displacement and invasive plant establishment. Erosion control measures will be applied, if necessary, where duff and 1” of forest litter have been removed during fuels management operations and areas of exposed soil are greater than approximately 100 square feet.

3. Contractor shall make every effort possible to protect the soil and designated vegetation during tree removal operations. Conduct all operations to avoid unnecessary and unacceptable damage to boles, roots, and crowns of residual trees and vegetation.

Contractor shall protect all non-target vegetation, including native trees, shrubs and any tree or plant specifically marked for retention.

4. Storm water and erosion control measures will be required on disturbed areas at the cost of the contractor. Fiber rolls and erosion control blankets must be 100% biodegradable and shall not contain netting that could trap small animals. All erosion control products shall be weed and seed free.

5. Archaeological, cultural, or historically sensitive areas may be present on the site and shall be identified, if known, in the specifications or in the field during the mandatory on-site project tour. These areas shall be flagged by the City and avoided. While no excavation work is anticipated, the contractor shall, during all work, be alert for indicators of historic resources (i.e. bivalve shells or fragments, stone tools, old china objects or fragments, old glass objects or fragments, old foundations and old privy deposits) and human remains. If unanticipated cultural resources should be encountered during work operations, all work will be halted immediately within at least 50 feet of the site, and the City Representative will be notified. The City will have the find evaluated by the proper authorities or professionals.

Recommendations from qualified professionals may result in a change of work and a change order may be issued. Work is subject to stoppage for the period necessary to either evacuate or protect the specimen(s) encountered. Location of areas needing special protection Agenda Packet Page 80 of 215
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measures will be identified by flagging and appropriate mitigations for such areas and resource protection, as identified by City Representative, shall be implemented in advance of further work.

6. All work must be 50 feet from the centerline of the creek.

D. Protection of City Property

1. Contractor shall take special care to protect from damage any improvements, including any existing fence lines, structures, gates, drainage/culverts, tables, barriers, boundary markers, known survey monuments, waterlines (which will be marked by the City), City roads, parking lots, utility lines, and fire roads on park property. Contractor shall make timely restoration of any such improvements damaged by contractor’s operations. Such restoration shall be made at contractor’s expense, and at least to the condition that existed prior to contractor’s operations. If any known survey monuments, corners, or accessories are destroyed, obliterated, or damaged by contract operations, contractor shall hire a registered land surveyor to reestablish or restore at the same location, the monuments, corners, or accessories.

2. Access routes are to remain unblocked at all times, unless otherwise agreed. The City Representative must be notified if the Contractor needs to temporarily close a park trail or park road for public safety or to temporarily stage equipment or store materials.

E. Traffic Control

1. Traffic control will be the sole responsibility of the Contractor. When conducting felling and tree removal operations within 200 feet of roads and trails, Contractor shall post a lookout on such roads or trails to ensure the safety of park users.

2. All traffic control measures required by the City for road closure shall be adhered to as a condition of this project.

3. Flaggers shall wear highly visible orange, yellow-green, or fluorescent-colored garments and shall use advance warning signs, cones, and STOP/SLOW paddles.

F. Skid Trails and Landings

1. All trees in the skid trail path are to be cut, and stumps cut to the stump height specified in the Specifications. Stumps shall be treated as defined in the contract specifications.

2. Skid trails are to follow contours and be as straight as feasible.

3. Upslope trails are to follow the ridge crests.

4. Unless otherwise agreed, skid trails will be no closer than 50 feet apart and will occupy no more than 15% of the treated area.

5. All skid trails must be approved by the City Representative prior to their construction and use.

6. The location of all landings shall be approved by the City Representative prior to their construction. The cleared size of landings shall not exceed that needed for safe and efficient operations.

G. Pest Control Requirements
Pesticide use regulations in California designate Parks and their associated facilities (i.e., picnic areas, parking lots, roadways, turf, landscape, rangeland, open space, trail systems, etc.) as “Agricultural Use” sites (Sec. 11408 Food Agriculture Code). Contractors and/or subcontractors applying any pesticide to City lands shall comply with the following, Agenda Packet Page 81 of 215
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1. Pesticide application(s) must be performed by a CA DPR licensed pesticide applicator (QAL) who is registered to perform such services in the county where application will take place.

2. Evidence of such license shall be submitted to City prior to issuance of the Notice to Proceed.

3. All pesticide application materials and methods are required to be submitted to the City and approved by the City prior to any pesticide application.

4. Pest Control Operator is responsible for posting on-site pesticide application signs in Cityapproved format.

5. These signs shall be prominently displayed beginning 24 hours before the pesticide application. Signs are to be posted at each work site each day of herbicide application.

6. The signs shall be located to maximize visibility and remain in place for at least 72 hours but no more than 120 hours following pesticide application. Contractor is responsible for removal of signs.

7. As a condition of payment, the Qualified Licensed Applicator shall provide the City Representative with a written accounting (Pesticide Use Report) of the total amount of raw concentrate pesticide applied during the previous month and the total area treated and number of trees included in this application.

8. The Pesticide Use Report shall be submitted by the 1st of the following month to the City Representative.

9. It is the responsibility of the PCO Contractor or subcontractor to report pesticide usage to the respective County Agricultural Commissioner.

10. Herbicide and associated materials (not equipment) shall be provided by the Contractor, unless otherwise agreed.

11. All trees to be removed will be cut to a stump height to grade, not to exceed four inches. The contractor will immediately treat the cambium layer of cut eucalyptus stumps, brushed clean of sawdust, with Triclopyr 4 herbicide, at the rate of 80% in an oil carrier to prevent stump sprouting.

H. Safety and Public Convenience

1. Responsibility for Safety. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs. All work shall conform to the requirements of the California Administrative Code, Title 8, Industrial Relations, Division of Industrial Safety. The Contractor alone shall be responsible for responding to and for the final satisfaction of any and all claims of personal injury or property damage.

2. Safety Equipment and Workers. The Contractor shall take all reasonable measures as required by existing conditions and performance of the Contract to protect the public and their property. The Contractor shall provide adequate barricades, fences, signs, warning lights, watchpersons, flag persons, etc., to protect the public and their property. Safety devices and workers shall comply with the current State of California requirements.

3. The Contractor shall secure and maintain an exclusionary work zone perimeter around the active project site for public safety. The contractor shall post and maintain warning signs and barriers at all entrances to the active work area, and shall remove potential hazards such as fallen limbs, trunks, tripping hazards and hanging limbs before reopening the area after approval by the City Representative.

The Contractor shall protect all working personnel in the following manner:
a. A secure felling area, MINIMUM OF TWO AND ONE HALF (2.5) TIMES THE HEIGHT OF THE MATERIAL BEING FELLED IN ALL DIRECTIONS, needs to be established and Agenda Packet Page 82 of 215
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maintained by the faller during all tree felling operations. In addition, the entire downhill side on slopes must be secured if materials can fall/role for a long, unpredictable distance.
b. No one shall be permitted in the secured felling area without the authorization of the faller.
c. The faller shall establish a safety zone outside the secured area and direct EVERYONE to remain there until all felling is completed and an "all clear" has been communicated. d. Safety zones should be established, whenever practical, in the opposite direction of the planned fall, and at a distance of at least 2.5 times the height of the trees being felled. e. The faller shall assign lookout(s). The lookout(s) shall have reliable communications with the faller, and other personnel adjacent to the secure areas. f. Competent lookouts shall be established and maintained by the faller at all major access points of roads and trails that afford access to the secured felling area. g. The faller will ensure that no hazards remain such as hang-ups, unstable logs, or other dangers before approving access or leaving the secured area.

4. Material and Equipment Transportation. Trucks hauling material or equipment shall not exceed vehicle or posted load and speed limits.

5. Public Convenience. The Contractor shall conduct the work so as to ensure the least possible obstruction to traffic or inconvenience to the general public.

6. Failure to Provide for Safety. If in the opinion of the City Representative, the Contractor fails to adequately provide for safety, the City Representative may:
a. Suspend construction within the area.
b. Order and/or place any additional warning devices, barriers, or protective equipment deemed necessary.
c. Do both a and b.

The City shall not assume the Contractor's responsibilities by this action and does not release the Contractor's obligations. The Contractor will be liable for all costs the City incurs in acting under this section and shall reimburse the City for double the City's costs. This action shall not become a basis for any claim for time or money against the City.

I. Fire Hazard and Preventions

1. The Contractor will be held responsible for fire ignited by the Contractor's employees, subcontractors, or equipment. Employees shall not be allowed to start fires. No open flames shall be permitted.

2. The Contractor shall take necessary precautions to guard against and eliminate fire hazards that may cause damage to equipment, public, and private property, including grassland, brush, and trees.

3. Flammable materials shall not be poured into drain lines but shall be disposed of in a legal manner.

4. Fire hydrants shall be kept accessible to fire-fighting equipment at all times.

5. Contractors shall comply with all state law requirements for use of combustion engines.

6. Contractors are required to have additional fire protection equipment on site, such as a working firefighting pump in serviceable condition and with a minimum of 100 gallons of water, plus hose and nozzle for emergency firefighting trailer on site and within a close proximity to the working area.

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J. Vehicle and Equipment Operations

1. Onsite vehicle and equipment fueling shall only occur where it is impractical to send vehicles and equipment off-site for fueling.

2. Drip pans and/or absorbent pads shall be used for all vehicle and equipment fueling, in all instances.

3. Nozzles used in vehicle and equipment fueling shall be equipped with an automatic shut-off to contain drips. Fueling operations shall not be left unattended.

4. Vehicles and equipment shall be inspected on each day for use for fuel, oil, or hydraulic leaks. Leaks shall be repaired immediately; problem vehicles or equipment shall be removed from the site. It is a requirement of the contractor to immediately absorb and properly remove any spilled or leaked materials from the site and report any incidents to the City Representative.

5. The City Representative will designate overnight equipment staging areas.

K. Site Clean-up

1. All felled material becomes the property and responsibility of the Contractor except for 20 logs/boles 16-30”x12 to be transported to the City’s Corporation Yard (7550 Schmidt Lane) for milling. Contractor at their sole cost shall dispose of all materials in a legal manner and keep paperwork that material was composted or repurposed.

2. A minor amount of debris (10-20%) may be chipped and broadcast on site in preapproved areas indicated by the City Representative. Chips will not be broadcast in resource protection zones, areas with potential to move into drainages, or on slopes with potential to move downhill. Chips and mulch layers should not exceed an average of 4-inch depth. Chips or other cut materials left on site in excess of the amounts in the specifications or agreed upon by the City in writing will not be permitted.

3. The amount of disturbed land shall be minimized and any unnecessary slope disturbance shall be avoided or restored.

4. Contractor agrees to rehabilitate all portions of the project site that are affected by the work.

Rehabilitation requirements include but are not limited to: areas with unacceptable tire or track damage, collateral tree damage, oil or hazardous material spills from equipment or storage facilities, unwanted debris, and disturbed slopes requiring slope stabilization measures. Rehab measures shall be coordinated with the City’s Representative.

5. Erosion control measures will be required on the skid trails and disturbed areas and must include erosion control blankets, netting, water bars, and fiber rolls in accordance with best management practices at the cost of the contractor.

6. Contractor may be required, at the sole discretion of the City’s Representative, to provide and use a water truck to wet down fire roads for dust control.

7. All cleanup work described above will be determined and inspected by the City Representative.

8. Any use of roll-off debris boxes for incidental waste disposal is required to be coordinated with the City’s Franchise Hauler.

L. Permits and Fees

1. Contractor shall pay for all permits and fees required for work under this Contract, including all disposal fees.

2. A no-fee City Permit will be required for hauling routes.

3. The Contractor shall use approved safety methods in all work performance to protect the employees of the Contractor.

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4. All Department of Transportation work area protection rules and regulations shall be observed.

5. Contractor or subcontractor is required to have current licenses described in the Specifications.

M. Required Licenses and Qualifications
Attention is directed to the requirements of sections 7000 through 7145 of the California Business and Professions Code, known as the "Contractor's License Law". Contractors proposing on this project must possess an appropriate license which is current and valid at the time of Proposal submittal and throughout the term of the Contract. Additional licenses/certifications are listed below:

1. California C61/D49 License or Licensed Timber Operator (LTO)

2. California Department of Pesticide Regulation (DPR) Business License and (QAL) Certification (916-445-4038).

N. Grant Acknowledgment
The State Coastal Conservancy requires that the grantee publicly acknowledge the Conservancy’s funding in all its project-related press releases, contacts with the media, and social media postings and on its website. All public materials generated by the project will adhere to the Conservancy’s Logo and Signage Guidelines.

Agenda Packet Page 85 of 215
© 2026 LightBox. All rights reserved.

Parcels
Creeks
Contours10 ft 200 feet
5/6/26, 1:43 PM .
https://apps.spatialstream.com/landvision/staging/CurrentBuild/Html/printpreview.html 1/1 Agenda Packet Page 86 of 215

MITIGATION MONITORING A ND REPORTING P ROGRAM
MAY 2025

HILLSIDE NATURAL AREA F IRE RESILIENCE AND FOREST

CONSERVATION MANAGEMENT PLAN

E L CERRITO, CA
1 MITIGATION MONITORING AND REPORTING PROGRAM
This Mitigation Monitoring and Reporting Program (MMRP) was formulated based upon the findings of the Initial Study/Mitigated Negative Declaration (IS/MND) prepared for the proposed Hillside Natural Area Fire Resilience and Forest Conservation Management Plan (“project” or “Plan”). The proposed project would establish and adopt a comprehensive fire hazard reduction and forest conservation plan that will guide maintenance activities and improve eligibility for grant funding for the City of El Cerrito’s Hillside Natural Area (HNA).

The MMRP, which is provided in Table A, lists mitigation measures that would be applicable to the proposed project and identifies mitigation monitoring requirements. The MMRP presented in Table A is organized in a matrix format. The first column identifies the impact, and the second column identifies the mitigation measure that would be implemented for each project impact. The third column, “Monitoring Timing,” refers to when the monitoring will occur to ensure that the mitigation action is completed. The fourth column, “Monitoring Responsibility”, identifies the agency that will ensure that the mitigation measure is implemented; and the last column, entitled “Verification,” is for the lead agency to provide verification that the measures have been implemented.

This MMRP has been prepared to comply with the requirements of State law (Public Resources Code Section 21081.6). State law requires the adoption of an MMRP when mitigation measures are required to avoid significant impacts. The MMRP is intended to ensure compliance during implementation of the proposed project. The Final MMRP must be adopted when the El Cerrito City Council makes a final decision on the project.

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MITIGATION MONITORING A ND REPORTING P ROGRAM
MAY 2025
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3 Table A: Mitigation Monitoring and Reporting Program
Impact Statement Mitigation Measure Timing for Mitigation Measure
Responsible Party /
Approving Agency
Verification (Date and
Initials)

5.4 Biological Resources
Fuel reduction
treatment activities,
including vegetation
removal, trail widening
and construction, and
other activities, could
result in the direct
removal of specialstatus plant species.

Mitigation Measure BIO-1: Protocol-Level Plant Surveys. If fuel reduction treatments are proposed within the native grasslands, riparian woodland, or the less disturbed portions of the oak woodland and scrub habitat, focused plant surveys for sensitive native local plants and special-status plants should be conducted according to CDFW’s Protocols for Surveying and Evaluating Impacts to Special Status Plant Populations and Natural Communities by a qualified biologist. If special-status plant species or sensitive native local plant communities are identified within the project work limits by a qualified biologist, then a qualified biologist shall establish an adequate buffer area for each plant population and/or sensitive natural community to exclude activities that directly remove or alter the habitat of, or result in indirect adverse impacts on, the specialstatus plant species or sensitive natural community. Buffer areas shall be marked with temporary fencing or other barriers at the boundary of the disturbance. A qualified biologist shall oversee installation of a temporary barrier such as, plastic mesh-type construction fence (Tensor Polygrid or equivalent) at least 4 feet (1.2 meters) tall around any established buffer areas to prevent encroachment by construction vehicles and personnel. The qualified biologist shall determine the exact location of the fencing. The fencing shall be strung tightly on posts set at maximum intervals of 10 feet (3 meters) and shall be checked and maintained weekly until all construction is complete.

Recommended buffer distances to minimize and avoid potential adverse impacts to listed plants or sensitive natural communities from activities are as follows:
 Cutting and Removing Vegetation by Hand or Hand Tools (e.g., weeding): 3-foot (1 meter) buffer.
 Mechanical Removal of Individual Plants or Woody Vegetation (e.g., chainsaw, weed eater): 3-foot buffer or up to height of removed vegetation (whichever is greater).

Prior to fuel reduction
treatments within the
native grasslands,
riparian woodland, or
the less disturbed
portions of the oak
woodland and scrub
habitat.

Qualified Biologist / City
of El Cerrito Public
Works Department
Director, or designee
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MITIGATION MONITORING A ND REPORTING P ROGRAM
MAY 2025
4 Table A: Mitigation Monitoring and Reporting Program
Impact Statement Mitigation Measure Timing for Mitigation Measure
Responsible Party /
Approving Agency
Verification (Date and
Initials)
 Removal of Vegetation with Heavy Equipment (e.g., bulldozer, tractor, “bush hog”): 2 times the width of the equipment plus the height of vegetation.

Fuel reduction
treatment and
vegetation control
activities could result in
the removal of
milkweed and impacts
to monarch butterflies.

Mitigation Measure BIO-2a: Milkweed Field Surveys. Prior to fuel treatment activities, appropriately timed field surveys (generally June through September) shall be conducted by a qualified biologist to identify, map, and estimate (a) stand sizes, densities, and number and species of milkweed (Asclepias spp. and others); (b) number and species of adult nectar plants in the entire project site; and (c) record any observations of monarch activity.

Prior to fuel treatment
activities and between
June through
September.

Qualified Biologist / City
of El Cerrito El Cerrito
Public Works
Department Director,
or designee
Mitigation Measure BIO-2b: Vegetation Control Activities During Monarch Breeding Season. Vegetation control activities may occur between December 1 and March 14 without special restrictions.

From March 15 to November 30 restrictions for vegetation control practices (e.g., ground disturbance, tree removal, mowing, grazing, herbicide application, or hand removal) during the monarch breeding season in areas containing milkweed and nectar plants shall apply. During the monarch breeding season from March 15- November 30, the City and its contractors may conduct vegetation control activities and other management actions provided that:
 Site specific buffers shall be established by a qualified biologist around patches of milkweed and associated nectar plants where no vegetation control may occur.
 If milkweed and associated nectar plants cannot be avoided, a qualified biologist shall complete pre-activity surveys. If no monarch breeding activity is identified, Contractors may proceed with vegetation control activities subject to conditions below. If monarch breeding activity is identified, the milkweed stand shall be avoided until a qualified biologist implements a salvage and relocation plan that has been reviewed and approved by the applicable Resource Agency.
 Unoccupied growing milkweed shall be avoided by a minimum of 2 feet during the application of herbicides (target spray, cut stump, wiping and wicking). Herbicide application within 125 feet Prior to vegetation
control activities
during the monarch
breeding season
(March 15 to
November 30) in areas
containing milkweed
and nectar plants.

Qualified Biologist / City
of El Cerrito El Cerrito
Public Works
Department Director,
or designee
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5 Table A: Mitigation Monitoring and Reporting Program
Impact Statement Mitigation Measure Timing for Mitigation Measure
Responsible Party /
Approving Agency
Verification (Date and
Initials)
of a milkweed plant shall be conducted with a low-pressure backpack sprayer to reduce the risk of drift.
 No broad-spectrum herbicide application shall take place within 125 feet of occupied monarch habitat when wind speeds exceed 10 mph, or temperatures exceed 85°F to minimize potential for drift and volatilization.
 No persistent or pre-emergent herbicides shall be used within 125 feet of milkweed or other occupied monarch habitats.  No prescribed fire treatment shall occur within 125 feet of habitat occupied by monarchs during the active monarch season.  Mowing shall not be conducted within 125 feet of active monarch breeding habitat (adults or larvae) during the breeding season March 15-November 30. Mowing projects affecting
nectar plants any time of year within 125 feet of active monarch habitat shall only be conducted when temperatures are above 55 degrees on a sunny day and 60 degrees on cloudy days to avoid injuring adult monarchs.

If mowing occurs from March to June near areas where breeding occurs, mowing height shall be set to a minimum of 10-12 inches to avoid cutting newly emerged milkweed plants.

Construction activities
could adversely impact
the Crotch’s and
western bumble bee
and their habitat.

Mitigation Measure BIO-3: Foraging Bumble Bee Pre-activity Surveys. A minimum of three pre-activity surveys shall be conducted within 40 days during appropriate activity periods (i.e., March through September) prior to the start of ground disturbing activities to identify bumble bee foraging activity. The pre-activity surveys shall occur when temperatures are above 60° Fahrenheit (15.5°Celsius) and not during wet conditions (e.g., foggy, raining, or drizzling). The survey shall be conducted at least 2 hours after sunrise and 3 hours before sunset and shall occur at least 1 hour after rain subsides. Preferably, the survey should be conducted during sunny days with low wind speeds (less than 8 miles per hour), but surveying during partially cloudy days or overcast conditions are permissible if the surveyors can still see their own shadow. Surveys shall be repeated for each year of project activities.

Within 40 days prior
to the start of ground
disturbing activities
from March through
September.

Qualified Biologist / City
of El Cerrito El Cerrito
Public Works
Department Director,
or designee
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MAY 2025
6 Table A: Mitigation Monitoring and Reporting Program
Impact Statement Mitigation Measure Timing for Mitigation Measure
Responsible Party /
Approving Agency
Verification (Date and
Initials)
If Crotch’s and/or western bumble bees, or potential Crotch’s or western bumble bees (since bumble bees can be difficult to identify in the field) are observed within the project site, a plan to protect Crotch’s and/or western bumble bee nests and individuals shall be developed and implemented in consultation with CDFW and USFWS. The plan shall include, but not be limited to, the following measures:
 Specifications for fuel treatment timing and sequencing requirements (e.g., avoidance of raking, mowing, tilling, or other ground disturbance until late March to protect overwintering queen bumble bees);
 Establishment of appropriate no-disturbance buffers for bumble bee nest sites to avoid impacts to the bees and monitoring by a qualified biologist to ensure compliance if bumble bee nests are identified;
 Restrictions associated with fuel treatment practices, equipment, or materials that may harm bumble bees (e.g., avoidance of pesticides/herbicides, BMPs to minimize the spread of invasive plant species);
 Provisions to avoid Crotch’s and/or western bumble bees, or potential western bumble bees if observed away from a bumble bee nest during project activity (e.g., ceasing of project activities until the animal has left the active work area on its own volition);  Prescription of an appropriate restoration seed mix targeted for the western bumble bee, including native plant species known to be visited by native bumble bee species and containing a mix of flowering plant species with continual floral availability through the entire active season of the western bumble bee (March through September); and
 Avoidance of herbicide applications which are toxic to bumble bees for vegetation management activities.

Construction activities
could result in impacts
Mitigation Measure BIO-4a: Nesting Bird Surveys. Prior to fuel reduction treatment activities occurring during the nesting bird Prior to fuel reduction
treatment activities
Qualified Biologist / City
of El Cerrito El Cerrito
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7 Table A: Mitigation Monitoring and Reporting Program
Impact Statement Mitigation Measure Timing for Mitigation Measure
Responsible Party /
Approving Agency
Verification (Date and
Initials)
to nesting birds, either
directly from removing
the nest or indirectly
from noise or human
presence during
construction activities.
season (February 1 through September 15), a pre-activity activity surveys for nesting birds shall be conducted by a qualified biologist to ensure that no nests will be disturbed during project implementation. Surveys will be conducted no more than seven days prior to the initiation of fuel reduction treatment activities.

During this survey, the biologist shall inspect all trees and other potential nesting habitats (e.g., shrubs, ground, and structures) for nests in the impact area plus a surrounding buffer, generally 250feet for passerines, 1,000 feet for raptors, and 0.5 mile for the golden eagle, as determined by a qualified biologist, based on the intensity of disturbance and duration of the vegetation treatment.

The survey area shall encompass reasonably accessible areas of the treatment site and the immediately surrounding vicinity viewable from the treatment site. The survey area shall be determined by a qualified biologist, based on the potential species in the area, location of suitable nesting habitat, the intensity of potential disturbance and the duration of vegetation treatment. If removal of potential nesting substrate or project grading will occur during more than one nesting season, or in different parts of the site in phases over the course of a single season, then additional pre-activity surveys must be performed within seven days prior to initiation of work in any particular area. If the pre-activity survey does not identify the presence of any active nests in the survey area, construction or vegetation treatment activities may proceed. occurring during the
nesting bird season
(February 1 through
September 15).

Public Works
Department Director,
or designee
Mitigation Measure BIO-4b: Nesting Bird Buffers. If nests known to have eggs or young, or that cannot be confirmed to be inactive or to lack eggs or young, are found, or adults are demonstrating nesting behavior, a qualified biologist shall establish an appropriate fuel reduction-free buffer around each nest. Generally, a buffer of 1,000 feet for large raptors, 500 feet for smaller raptors, and 250 feet for passerines (songbirds) are adequate to avoid causing nest abandonment. Factors to be considered for determining buffer size and location shall include presence of natural buffers provided by vegetation or topography, nest height above ground, baseline levels of noise and human activity, species sensitivity, and expected Prior to construction
activities if nests are
known to have eggs or
young, or that cannot
be confirmed to be
inactive or to lack eggs
or young, are found,
or adults are
demonstrating nesting
behavior.

Qualified Biologist / City
of El Cerrito El Cerrito
Public Works
Department Director,
or designee
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MITIGATION MONITORING A ND REPORTING P ROGRAM
MAY 2025
8 Table A: Mitigation Monitoring and Reporting Program
Impact Statement Mitigation Measure Timing for Mitigation Measure
Responsible Party /
Approving Agency
Verification (Date and
Initials)
treatment activities. The buffer shall remain in place until the qualified biologist has confirmed that the nest is no longer active.

If a smaller buffer distance than that identified above is necessary and determined to be appropriate for a particular nest or nests, a qualified biologist shall monitor the nest(s) before the activity to document baseline nesting behavior and monitor the nest during vegetation treatment or road construction to ensure nesting birds are not exhibiting signs of stress and territorial behavior. If signs of stress are observed during the monitoring, treatment or construction activities shall cease or buffer shall increase, as determined by a qualified biologist, the to a sufficient distance where the nesting birds are longer exhibiting signs of stress.

To prevent encroachment, the buffer shall be clearly marked for avoidance. No personnel or equipment shall be allowed to enter the protective buffer until the qualified biologist determines that the young have fully fledged and will no longer be adversely affected by the project. Nests of common birds within the buffer need not be monitored during treatment. The qualified biologist shall observe any identified active raptor nests prior to the start of any construction-related activities to establish a behavioral baseline of the adults and any nestlings, and the nest site(s) shall be monitored by the biologist periodically to see if the birds are stressed by the construction activities and if the protective buffer needs to be increased. The established buffer shall remain in effect until the young have fledged or the nest is no longer active as confirmed by the biologist.

Tree removal during
fuel reduction activities
could result in impacts
to roosting bats and
their habitat.

Mitigation Measure BIO-5a: Focused Tree Habitat Assessment for Bat Species. Prior to any tree removal during the maternity roosting period (April 15 to August 31) or hibernation period (October 15 to February 28), a focused tree habitat assessment shall be conducted by a qualified biologist of all trees that will be removed or impacted by vegetation treatment activities. Trees containing suitable potential bat roost habitat features would then be clearly marked.

Prior to any tree
removal during the
maternity roosting
period (April 15 to
August 31) or
hibernation period
Qualified Biologist / City
of El Cerrito El Cerrito
Public Works
Department Director,
or designee
Agenda Packet Page 94 of 215

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9 Table A: Mitigation Monitoring and Reporting Program
Impact Statement Mitigation Measure Timing for Mitigation Measure
Responsible Party /
Approving Agency
Verification (Date and
Initials)
The habitat assessments should be conducted enough in advance to allow preparation of a report with specific recommendations, and to ensure tree removal can be scheduled during seasonal periods of bat activity if required. If it is determined that day roosting bats are unlikely to occur, the tree may be removed as described below. If the absence of roosting bats cannot be confirmed, then the removal of trees providing suitable maternity or hibernation roosting habitat should only be conducted during seasonal periods of bat activity, including between March 1 and April 15 or between September 1 and October 15.
(October 15 to
February 28).

Mitigation Measure BIO-5b: Tree Removal. Appropriate methods shall be used to minimize the potential of harm to bats during tree removal. Such methods may include but are not limited to using a two-step tree removal process. This method is conducted over two consecutive days and works by creating noise and vibration by cutting non-habitat branches and limbs from habitat trees using chainsaws only (no other heavy machinery) on Day 1. The noise and vibration disturbance, together with the visible alteration of the tree, is very effective in causing bats that emerge nightly to feed, to not return to the roost that night. The remainder of the tree is removed on Day 2. A biologist qualified in two-step tree removal is required on Day 1 to supervise and instruct the tree-cutters who will be on the site conducting the work, but only for a sufficient length of time to train all tree cutters who will conduct two-step removal of habitat trees. The biologist is generally not required on Day 2, unless a very large cavity is present and a large colony is suspected. Fallen branches and trees shall be left onsite overnight to allow any bats that may be present to fly away during the nighttime hours. Removal of native oaks and riparian trees shall be avoided where possible.

During tree removal
activities.

Qualified Biologist / City
of El Cerrito El Cerrito
Public Works
Department Director,
or designee
Tree removal and other
fuel reduction
treatment activities
could result in impacts
on the San Francisco
Mitigation Measure BIO-6: San Francisco Dusky-Footed Woodrat Pre-activity Surveys. A qualified biologist shall conduct a preactivity survey for San Francisco dusky-footed woodrat nests prior to the start of project activities. Surveys will be conducted in the immediate work area and a 25-foot buffer around those areas. If Prior to the start of
project activities.

Qualified Biologist / City
of El Cerrito El Cerrito
Public Works
Department Director,
or designee
Agenda Packet Page 95 of 215

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MITIGATION MONITORING A ND REPORTING P ROGRAM
MAY 2025
10 Table A: Mitigation Monitoring and Reporting Program Impact Statement Mitigation Measure Timing for Mitigation Measure
Responsible Party /
Approving Agency
Verification (Date and
Initials)
dusky-footed woodrat
and their habitat.
woodrat nests are present, the nests will be flagged in the field and delineated on project site maps in order to avoid potential impacts to woodrat nests during vegetation treatment activities. For any woodrat nests that cannot be avoided, a woodrat nest relocation plan shall be prepared and submitted to CDFW for approval. At a minimum, the plan shall include the phased dismantling and relocation of the nest materials to a suitable location, and the installation of artificial shelters at a ratio of 1:1 per dismantled nest to provide readily accessible refugia for dispersing individuals. If breeding woodrats are present, relocation of houses shall be delayed until the breeding season is over or the qualified biologist otherwise determines that young are no longer present.

Fuel reduction activities
could result in impacts
to riparian habitat and
other sensitive natural
communities, including
purple needlegrass
grasslands and other
native grasslands.

Mitigation Measure BIO-7a: Riparian Delineation. To minimize disturbance to riparian habitat occurring adjacent to the fuel reduction area, riparian areas shall be clearly delineated by a qualified biologist. Riparian areas shall be separated and protected from the work area through silt fencing, amphibian/reptile-friendly fiber rolls (i.e., no mono-filament), or other appropriate erosion control material. Material staging, and all other project-related activity shall be located as far as possible from riparian areas with no driving or parking of vehicles or equipment within the dripline of a riparian tree.

Prior to fuel reduction
activities.

Qualified Biologist / City
of El Cerrito El Cerrito
Public Works
Department Director,
or designee
Mitigation Measure BIO-7b: Avoidance/Minimization of Purple Needlegrass and Other Grasslands. If feasible, the proposed fuel treatments shall avoid/minimize impacts to the purple needlegrass grasslands, other native grasslands, and other sensitive natural communities. The stands of native grasslands shall be avoided during fuel treatment activities.

If the native grasslands cannot be avoided, the loss of native grasslands shall be mitigated by restoring an equivalent amount of native grasslands onsite. The City shall reseed temporarily disturbed areas of native grassland habitat that are disturbed by fuel reduction activities with an appropriate weed-free native seed mix that contains the particular native grass seed and/or plugs. Any During fuel treatment
activities.

Qualified Biologist / City
of El Cerrito El Cerrito
Public Works
Department Director,
or designee
Agenda Packet Page 96 of 215

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11 Table A: Mitigation Monitoring and Reporting Program Impact Statement Mitigation Measure Timing for Mitigation Measure
Responsible Party /
Approving Agency
Verification (Date and
Initials)
restored native grassland areas shall be monitored and reported on an annual basis, as required by CDFW.

Fuel reduction activities
could result in impacts
on state or federally
protected wetlands
that may be present
within the HNA.

Mitigation Measure BIO-8: Streams/Drainages. Potential impacts to potentially jurisdictional features, such as the onsite streams/drainages (and seasonal wetlands/seeps, if present), are subject to regulation by the USACE, RWQCB, and/or CDFW. These features will be avoided during the fuel reduction activities, where possible. No fill, including plant cuttings, rocks, or soils will be placed in these jurisdictional features without the appropriate permits from the regulatory agencies. If these features are impacted, the City would need to obtain the required permits from the relevant regulatory agencies, including the USACE, CDFW, and RWQCB. These permits would include conditions and BMPs that the City would implement during fuel reduction activities. These permits may also specify mitigation, which the City would provide as specified by the regulatory agencies.

During fuel reduction
activities.

Qualified Biologist / City
of El Cerrito El Cerrito
Public Works
Department Director,
or designee

5.5 Cultural Resources
Fuel reduction activities
could result in impacts
to previously
undiscovered
archaeological
resources that may be
present within the
HNA.

Mitigation Measure CUL-1: Unanticipated Archaeological Deposits.

Should an archaeological deposit be encountered during project activities, all ground-disturbing activities within 25 feet shall be redirected and a qualified archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for Archaeology shall be contacted to assess the situation, determine if the deposit qualifies as a historical resource, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. If the deposit is found to be significant (i.e., eligible for listing in the California Register of Historical Resources), the City shall be responsible for funding and implementing appropriate mitigation measures. Mitigation measures may include recording the archaeological deposit, data recovery and analysis, and public outreach regarding the scientific and cultural importance of the discovery. Upon completion of the selected mitigations, a report documenting methods, findings, and recommendations shall be prepared by the qualified archaeologist, and the final report shall be submitted to the Northwest Information Center at Sonoma State During project
activities.

Qualified Archaeologist
/ City of El Cerrito El
Cerrito Public Works
Department Director,
or designee
Agenda Packet Page 97 of 215

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MITIGATION MONITORING A ND REPORTING P ROGRAM
MAY 2025
12 Table A: Mitigation Monitoring and Reporting Program Impact Statement Mitigation Measure Timing for Mitigation Measure
Responsible Party /
Approving Agency
Verification (Date and
Initials)
University. Significant archaeological materials shall be submitted to an appropriate local curation facility and used for future research and public interpretive displays, as appropriate.

5.7 Geology and Soils
Soil instability could
occur at the project
site, especially in the
Quarry Hill Grove and
at the east wall of the
former EBMUD
property at Motorcycle
Hill.

Mitigation Measure GEO-1: Geotechnical Analysis. Prior to implementation of any actions proposed as part of the Plan, including vegetation removal, geotechnical analysis shall be performed to assess the potential for soil instability to occur at the project site. Geotechnical analysis shall include the evaluation of areas that contain steep slopes, such as the Quarry Hill Grove and at Motorcycle Hill. Specific geotechnical design recommendations shall be developed to mitigate the potential for soil instability, including stabilization using biotechnical stabilization measures. This measure shall be completed to the satisfaction of the City of El Cerrito Director of Public Works, or designee.

Prior to
implementation of any
project actions.

Licensed Professional
Geologist or Geological
Engineer / City of El
Cerrito Public Works
Department Director,
or designee
Site disturbance
activities could result in
the accidental
discovery of
paleontological
resources.

Mitigation Measure GEO-2: Unanticipated Paleontological Resources. Should paleontological resources be encountered during project subsurface construction activities, all ground-disturbing activities within 25 feet shall be redirected and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. For purposes of this mitigation, a “qualified paleontologist” shall be an individual with the following qualifications: (1) a graduate degree in paleontology or geology and/or a person with a demonstrated publication record in peerreviewed paleontological journals; (2) at least two years of professional experience related to paleontology; (3) proficiency in recognizing fossils in the field and determining their significance; (4) expertise in local geology, stratigraphy, and biostratigraphy; and (5) experience collecting vertebrate fossils in the field. If the paleontological resources are found to be significant and project activities cannot avoid them, measures shall be implemented to ensure that the project does not cause a substantial adverse change in the significance of the paleontological resource. Measures may include monitoring, recording the fossil locality, data recovery and During project
subsurface
construction activities.

Qualified Paleontologist
/ City of El Cerrito El
Cerrito Public Works
Department Director,
or designee
Agenda Packet Page 98 of 215

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13 Table A: Mitigation Monitoring and Reporting Program Impact Statement Mitigation Measure Timing for Mitigation Measure
Responsible Party /
Approving Agency
Verification (Date and
Initials)
analysis, a final report, and accessioning the fossil material and technical report to a paleontological repository. Upon completion of the assessment, a report documenting methods, findings, and recommendations shall be prepared and submitted to the City of Vallejo for review. If paleontological materials are recovered, this report also shall be submitted to a paleontological repository such as the University of California Museum of Paleontology, along with significant paleontological materials. Public educational outreach may also be appropriate.

Source: Hillside Natural Area Fire Resilience and Forest Conservation Management Plan Initial Study/Mitigated Negative Declaration (LSA 2024) Agenda Packet Page 99 of 215
Materials storage & spill cleanup
Non-hazardous materials management✔ Sand, dirt, and similar materials must be stored at least 10 feet from catch basins, and covered with a tarp during wet weather or when rain is forecast. ✔ Use (but don’t overuse) reclaimed water for dust control as needed.✔ Sweep streets and other paved areas daily. Do not wash down streets or work areas with water!
✔ Recycle all asphalt, concrete, and aggregate base material from demolition activities.
✔ Check dumpsters regularly for leaks and to make sure they don’t overflow.

Repair or replace leaking dumpsters promptly. Cover dumpsters during wet weather.

Hazardous materials management✔ Label all hazardous materials and wastes (such as pesticides, paints, thinners, solvents, fuel, oil, and antifreeze) in accordance with local agency, state, andfederal regulations. ✔ Store hazardous materials and wastes in secondary containment and cover them during wet weather.
✔ Follow manufacturer’s application instructions for hazardous materials and be careful not to use more than necessary. Do not apply chemicals outdoors when rain is forecast within 24 hours.
✔ Be sure to arrange for appropriate disposal of all hazardous wastes.

Spill prevention and control✔ Keep a stockpile of spill cleanup materials (rags, absorbents, etc. ) available at the construction site at all times.
✔ When spills or leaks occur, contain them immediately and be particularly careful to prevent leaks and spills from reaching the gutter, street, or storm drain.

Never wash spilled material into a gutter, street, storm drain, or creek! ✔ Report any hazardous materials spills immediately!
Vehicle and equipmentmaintenance & cleaning✔ Inspect vehicles and equipment for leaks frequently. Use drip pans to catch leaksuntil repairs are made; repair leakspromptly. ✔ Fuel and maintain vehicles on-site only
in a bermed area or over a drip pan thatis big enough to prevent runoff. ✔ If you must clean vehicles or equipment
on-site, clean with water only in abermed area that will not allowrinsewater to run into gutters, streets,storm drains, or creeks. ✔ Do not clean vehicles or equipment
on-site using soaps, solvents, degreasers,steam cleaning equipment, etc.

Dewateringoperations✔ Reuse water for dust control, irrigation, or another on-site purpose to the greatestextent possible. ✔ Be sure to call the local agency before discharging water to a street, gutter, or storm drain. Filtration or diversion through a basin, tank, orsediment trap may be required. ✔ In areas of known contamination, testing is required prior to reuse or discharge of groundwater. Consult with the local agency to determine what testing to do and to interpret results. Contaminated groundwater must be treated or hauled off-site for proper disposal.

Make sure your crews and subs do the job right!
Runoff from streets and other paved areas is a major source of pollution in San Francisco Bay and Delta.

Construction activities can directly affect the health of the Bay unless contractors and crews plan ahead to keep dirt, debris, and other construction waste away from storm drains and local creeks. Following these guidelines will help ensure your compliance with local agency stormwater ordinance requirements.

Pollution Prevention — It’s Part of the Plan
Earthwork & contaminated soils✔ Keep excavated soil on the site where it is least likely to collect in the street.

Transfer to dump trucks should take place on the site, not in the street. ✔ Use straw bales, silt fences, or other control measures to minimize the flow of silt off the site. Paving/asphalt work
Saw cutting✔ Always completely cover or barricade storm drain inlets when saw cutting. Use filter fabric, straw bales, sand bags, or fine gravel dams to keep slurry out of thestorm drain system. ✔ Shovel, absorb, or vacuum saw-cut slurry and pick up all waste as soon as you are finished in one location or at the end of each work day (whichever issooner!). ✔ If saw cut slurry enters a catch basin, clean it up immediately. ✔ Do not pave during wet weather or when
rain is forecast.
✔ Always cover storm drain inlets and manholes when paving or applying seal coat, tack coat, slurry seal, or fog seal.
✔ Place drip pans or absorbent material under paving equipment when not in use.✔ Protect gutters, ditches, and drainage courses with straw bales, sand bags, orearthen berms.
✔ Do not sweep or wash down excess sand
from sand sealing into gutters, storm drains, or creeks. Collect sand and return it to the stockpile, or dispose of it as trash.
✔ Do not use water to wash down fresh asphalt or concrete pavement. ✔ Avoid scheduling earth moving activities
during the rainy season if possible. Ifgrading activities during wet weatherare allowed in your permit, be sure to implement all control measures necessary
to prevent erosion.
✔ Mature vegetation is the best form of
erosion control. Minimize disturbance toexisting vegetation whenever possible. ✔ If you disturb a slope during construction,
prevent erosion by securing the soil witherosion control fabric, seed with fast-growing grasses or other appropriate erosion control measures.
✔ If you suspect contamination (from site history, discoloration, odor, texture, abandoned underground tanks or pipes, or buried debris), call the local agency.

Contra Costa Clean Water Program
Storm drain polluters may be liable for fines of up to $10,000 per day plus $10 per gallon! Program Participants: Antioch, Brentwood, Clayton, Concord, Danville, El Cerrito, Hercules, Lafayette, Martinez, Moraga, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, Walnut Creek, Contra Costa County and Contra Costa County Flood Control and Water Conservation District Concrete, grout, and mortarstorage & waste disposal✔ Be sure to store concrete, grout, and mortar under cover and away from drainage areas. These materials must never reach astorm drain. ✔ Wash out concrete equipment/trucks off-site or designate an on-site area for washing where water will flow onto dirt or into a temporarypit in a dirt area. Let the water seep into the soil and dispose ofhardened concrete with trash. ✔ If a suitable dirt area is not
available, collect the washwater and remove it forappropriate disposal off-site. ✔ Divert water from washing
exposed aggregate concreteto a dirt area where it willnot run into a gutter, street, or storm drain. If a suitabledirt area is not available, filterthe wash water before discharging to a storm drain.

Painting✔ Never rinse paint brushes or
materials in a gutter or street!
✔ Paint out excess water-based
paint before rinsing brushes,
rollers, or containers in a sink.If you can’t use a sink, directwash water to a dirt area andspade it in. ✔ Paint out excess oil-based paint before cleaning brushes in thinner. ✔ Filter paint thinners and solvents for reuse whenever possible.

Dispose of oil-based paint sludge and unusable thinner ashazardous waste.

Local Agencies: Antioch (925) 779-7035; Brentwood (925) 516-5420; Clayton (925) 673-7300; Concord (925) 671-3127; Danville (925) 314-3300; El Cerrito (510) 215-4382; Hercules Pittsburg (925) 252-4920; Pleasant Hill (925) 671-5264; Richmond (510) 307-8091; San Pablo (510) 215-3066; San Ramon (925) 973-2610; Walnut Creek (925) 943-5834; (510) 799-8242; Lafayette (925) 284-1951; Martinez (925) 372-3515; Moraga (925) 376-2590; Oakley (925) 625-7003; Orinda (925) 253-4231; Pinole (510) 724-8949; Contra Costa County (925) 313-2259 ; Contra Costa Clean Water Program (925) 313-2392 Agenda Packet Page 100 of 215

EXHIBIT B

FEE SCHEDULE
Agenda Packet Page 101 of 215
PO Box 175, Elk, CA 95432
July 23, 2026
City of El Cerrito
Karineh Samkian, Senior Program Manager
Email: [email protected]
RE: Quarry Hill Fire Fuel Reduction Project – Request for Proposals (RFP).

Powers Forestry LLC is excited about the Request for Proposals (RFP) by the City of El Cerrito for the Quarry Hill Fire Fuel Reduction Project. Powers Forestry has a firm understanding of the desired services of this RFP and is prepared to provide professional services as well as all labor and heavy equipment to meet the outlined scope of services. Powers Forestry will perform all aspects of the Technical Approach in accordance with all applicable laws and standards.

Powers Forestry has extensive experience with forest management, reforestation, vegetation management and fuel reduction projects performed by hand crews, heavy equipment, manual and mechanical methods, and grazing on utility and agency-managed land. Powers Forestry is well versed on the implementation of all phases of work necessary to perform the scope of work including road management, natural resource protection measures, wood and debris management, and erosion control measures in California.

Thank you for providing us the opportunity to present our qualifications and proposal for this work.

Please reach out to us if you have any questions about our response. We look forward to working with the City of El Cerrito on this important wildfire fuels mitigation work.

Sincerely,
Mike Powers, RPF#2690
Owner/Managing Member
[email protected]
(707) 272-8803
The Agreement has been read, that the Contractor (Powers Forestry LLC) will meet the prerequisite insurance requirements and the Contractor, if selected, agrees to enter into such agreement or identify requested changes.

By submitting this proposal, the contractor (Powers Forestry LLC) acknowledges having examined the work site and access to the site; determined any site variation that affects the Proposal; and investigated the conditions existing clearances, restrictions, or limitations that affect access to the work.

Powers Forestry LLC acknowledges the receipt of all addenda.

Agenda Packet Page 102 of 215
CITY OF EL CERRITO REQUEST FOR PROPOSALS PAGE 1
ATTACHMENT 3

PROPOSAL FORM FOR

QUARRY HILL FIRE FUEL REDUCTION PROJECT

1. Contractor Information:

Name of Contractor: _____________________________________________________________ Primary Contact: ________________________________________________________________ Title of Primary Contact: _________________________________________________________ Legal Address of Contractor: ______________________________________________________ ______________________________________________________
Primary Contact Phone Number: ___________________________________________________ Email Address: _________________________________________________________________ Professional License Names and Certification Numbers (provide a complete list):
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ CA Department of Industrial Relations Number: _______________________________________ Contractor’s Signature (the undersigned submits this Proposal and has examined the entire RFP and any Addenda if any): _________________________________________________________ Printed Name and Title: __________________________________________________________ Powers Forestry LLC
Mike Powers
Owner/Managing Member
32851 Philo Greenwood Road, Elk, CA 95432
(707) 272-8803
[email protected]
CA Pest Control Business Lic #37619; DIR Registration #1000891854 CA Contractors License #957569 C27 and C49; CA Registered Professional Forester #2690 CA Pest Control Advisor #75481 D&E; CA Qualified Applicator License # 105402 ABC&E 1000891854
CA DGS Certified Small Business ID 2031331; ISA Certified Arborist #WE-8135A (TRAQ) Mike Powers, Owner/Managing Member
Agenda Packet Page 103 of 215
CITY OF EL CERRITO REQUEST FOR PROPOSALS PAGE 2

2. On-Site Superintendent(s): Provide name and qualifications of on-site superintendent(s).

They will need to have authority to represent and act for the Contractor and be able to communicate clearly in English.
______________________________________________________________________________

______________________________________________________________________________ ______________________________________________________________________________

3. Experience with Similar Work: List 3 similar services or similar scope of past and present work as those specified under this RFP.

Job and Description Amount Contact Information (name and #) ___________________________ _______________ ______________________________ ___________________________ _______________ ______________________________ ___________________________ _______________ ______________________________

4. References: List 3 references with at least one of which is for a project similar to the RFP.

Company Name Phone # Project
_____________________ ________________ ________________ __________________ _____________________ ________________ ________________ __________________ _____________________ ________________ ________________ __________________

5. List of Subcontractors
Subcontractor
Name Work to Be Performed Contractor’s License DIR Number Mike Powers, RPF #2690, ISA Certified Arborist #WE-8135A Loren McAfee, RPF #2848, ISA Certified Arborist #WE-9161A $7 million Contra Costa County Fire Protection
District, Wildfire Mitigation Program Chris Bachman (925) 260-6881 San Lorenzo Valley Water District,
Wildfire Fuels Reduction Projects $500 thousand Chris Klier, (831) 430-4638 CALFIRE Evacuation Route Shaded
Fuel Break $500 thousand
Contra Costa County
Fire Protection District Chris Bachman (925) 260-6881 Wildfire Mitigation Program San Lorenzo Valley
Water District Chris Klier (831) 430-4638 Wildfire Fuels Reduction Projects Elk Community Services
District and CALFIRE Ben MacMillian (916) 660-3330 Evacuation Route Shaded Fuel Break Ben MacMillian (916) 660-3330
Noyo Forestry LLC Tree falling, bucking, skidding,
loading, chipping and trucking
CA Contractors Lic#1106653
LTO Lic# A012861 1001133148
** Also see attached proposed details
Agenda Packet Page 104 of 215
CITY OF EL CERRITO REQUEST FOR PROPOSALS PAGE 3

6. Proposed Methodology: Use an additional sheet if more space is needed. Also, on the map provided, clearly draw proposed landings, log decks, skid trails, and other pertinent information.

Describe how the proposed work will be accomplished:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Describe how the contractor will set up and maintain an exclusionary work zone perimeter around the active project site for public safety:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Timeline (# of working days): ______________________________________________________ Provide a full list of equipment to be used for this project, including chippers, skidders, trucks, feller bunchers, cable yarders, loaders, excavators, cranes, etc.:
______________________________________________________________________________ ______________________________________________________________________________ See attached proposal detail.

See attached proposal detail.
35 Work Days Total
See attached proposal detail.

Agenda Packet Page 105 of 215
CITY OF EL CERRITO REQUEST FOR PROPOSALS PAGE 4
Erosion control best management practices to be followed: _____________________________ ______________________________________________________________________________ Briefly describe the sequence of work and how the proposed work will be accomplished. Include how impacts to the neighbors, the public, and environment will be managed, including safety of the park users and trucking routes.
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _____________________________________________________________________________

7. Cost Proposal:

Hazardous Tree Removal: Provide lump sum amounts per acre of a) trees removed, which include all labor, materials, services, and mobilization, b) mulching, transportation, and disposal of cut material, and c) herbicide application costs. Include all equipment and other costs in each category. The proposed scope shall be for the full removal and treatment of the maximum number of all sizes of eucalyptus and pine tree stems in the designated (mapped) areas with the available budget.
a) TREE REMOVAL: $___________________Cost Per Acre
b) DISPOSAL: $___________________Cost Per Acre
c) HERBICIDE APPLICATION: $___________________Cost Per Acre Understory Invasive Removal: After tree removal is complete, selectively apply City approved herbicide to incidental, City designated eucalyptus seedlings, stump sprouts, and other invasive vegetation in the understory.
d) INVASIVE REMOVAL: $___________________Cost Per Acre
TOTAL (a-d): $___________________Cost Per Acre
See attached Addendum No. 1
See attached Addendum No. 1
See attached Addendum No. 1
N/A
See attached Addendum No. 1
See attached proposal detail.

See attached proposal detail.

Agenda Packet Page 106 of 215
CITY OF EL CERRITO REQUEST FOR PROPOSALS PAGE 5
Hourly Rate for Additional Services, if requested: List equipment and operator rates

Labor or Equipment Hourly Rate
$
$
$
$
$
$
$
$
$

CAT 309 Excavator with Attachments 316.00
Bandit 20XP Track Chipper 247.00
15 Yard Chip Truck 259.00
2000 Gallon Water Truck 259.00
Case 721G Wheel Loader 271.00
Agenda Packet Page 107 of 215

PUBLIC WORKS DEPARTMENT
CITY OF EL CERRITO | 10890 SAN PABLO AVENUE, EL CERRITO, CALIFORNIA 94530 | ELCERRITO.GOV/PUBLICWORKS | (510) 215-4382 Quarry Hill Fire Fuel Reduction Project RFP
ADDENDUM NO. 1 AND Q&A
To: All Proposers July 15, 2026
ADDENDUM:

The information contained in the Addendum shall be made part of the above-referenced RFP and shall be subject to all applicable requirements thereunder, as if originally shown and/or specified.

Proposers shall acknowledge receipt of all addenda in their Cover Letter.

Below are additions (bolded)/revisions to the RFP.

1. Cost Proposal - Section 7 of the Proposal Form is revised to include 3 costs per acre according to the areas in the attached map:
a) TREE REMOVAL: $___________________ Cost Per Acre (Area 1) $___________________Cost Per Acre (Area 2)
$___________________Cost Per Acre (Area 3)
b) DISPOSAL: $___________________ Cost Per Acre (Area 1) $___________________Cost Per Acre (Area 2)
$___________________Cost Per Acre (Area 3)
c) HERBICIDE APPLICATION: $___________________ Cost Per Acre (Area 1) $___________________Cost Per Acre (Area 2)
$___________________Cost Per Acre (Area 3)

2. Cost Proposal - Section 7 of the Proposal Form is revised to delete the following phrase in the Understory Invasive Removal section: and other invasive vegetation in the understory.

3. Proposed Methodology - Section 6 of the Proposal Form is revised to add the following:

The contractor’s # of working days for the Area 1 ___________________________ The contractor’s # of working days for the Area 2 ___________________________ The contractor’s # of working days for the Area 3 ___________________________ 25,068.00
24,626.00
24,403.00
19,218.00
8,987.00
24,863.00
300.00
300.00
300.00
13 4
18 Agenda Packet Page 108 of 215
2 POWERS FORESTRY – 7/23/2026
City of El Cerrito Hillside Natural Area – Quarry
Hill Fire Fuel Reduction Project RFP.

Qualifications and Technical Approach
Powers Forestry Licenses and Certifications
• California Contractors License # 957569 (C61/D49 C27 and C49) • Pest Control Advisor License #75481
• Qualified Applicator License #105402
• Pest Control Business License DPR# 37619
• DIR Registration #1000891854
• Small Business Certification #2031331
Overview and Description of Services
Powers Forestry LLC is pleased to submit this proposal to provide Wildfire Fuel Reduction/Tree Removal Services for this important project. Powers Forestry was established in 2020 and our principal foresters each have decades of forest and land management experience in the planning, implementation and monitoring of hazardous fuel reduction projects. Primary clients include Cal Fire, Cal Trans, San Lorenzo Valley Water District, Contra Costa County Fire Protection District and PG&E. We have extensive experience in the development of fuel reduction treatment prescriptions, hazard tree identification, natural resource protection measures/environmental compliance, implementation contractor oversight and GIS mapping and data collection. Our team has performed all necessary field and office work to prepare projects for implementation for wildfire fuels reduction, hazard tree removals and timber harvesting. We are well versed in the practices and protection measures that are common for these types of projects.

Powers Forestry is prepared to provide all aspects of project management and implementation for this project as outlined in the Scope of Services and in this Proposal. A full-time project manager/Forester will be assigned to the project for the supervision, oversight, documentation and management of all aspects of a successful and safe implementation and completion of the project. Powers Forestry will provide professional services for the management, oversight and supervision of the project and will provide the labor and materials for the herbicide applications. We will partner with one sub-contractor Noyo Forestry who will provide all of the necessary labor and equipment to remove and process the eucalyptus trees from the project site.

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1. Project Team
Assigned Project Team
Michael Powers (RPF Principle) DESIGNATED PROJECT MANAGER/OPERATIONS

SUPERINTENDENT
• Education – UC Berkeley. College of Natural Resources. B.S. Resource Management, 1995. • Professional Licenses and Certifications:
o California Registered Professional Forester (RPF) #2690 o International Society of Arboriculture (ISA). Certified Arborist #WE-8135A o International Society of Arboriculture (ISA). Tree Risk Assessment Qualification (TRAQ). o CAL FIRE Certified Archaeological Surveyor #180R.
o Pest Control Advisor #75481
• Experience
o 1995-Present. Forestland management, implementation of CA Forest Practice Rules, preparation of CEQA Cat Ex and Mitigated Neg Deg documents, timber operations, design/planning/implementation of wildfire fuels management projects, fire damaged tree assessments, natural resource protection measures, road management, public/private utility vegetation management, program and project management.

Loren McAfee (RPF Senior Associate) OPERATIONS SUPERINTENDENT • Education – Humboldt State University. B.S. Forestry, 2003. • Professional Licenses and Certifications:
o California Registered Professional Forester (RPF) #2848 o International Society of Arboriculture (ISA). Certified Arborist #WE-9161A o International Society of Arboriculture (ISA). Tree Risk Assessment Qualification (TRAQ). o CAL FIRE Certified Archaeological Surveyor #182.
• Experience
o 2004-Present. Forestland management, implementation of CA Forest Practice Rules, forest inventories, timber operations, fire fuels management, botanical surveys, tree mortality surveys, road management, natural resource protections, road management, public/private utility vegetation management and project management.

Peter Rowland (Forestry Tech/GIS Specialist)
• Education – Humboldt State University, Arcata, CA. B.S. Natural Resources Planning and Interpretation (NRPI). 2010.
• Experience –
o 2010-Present. GIS experience working for a variety of State, Federal and local agencies performing various GIS tasks in diverse settings, including desktop analysis, field data collection, and emergency response mapping. Specializing in forestry-related mapping and have extensive experience with the entire suite of ESRI products (desktop and online), data management, and cartography. Experience with automating workflows and Python scripting.

Alexandra Baldwin (Associate Forester) OPERATIONS FORESTER/ARBORIST • Education – University of California, Santa Cruz. B.S. Ecology and Evolutionary Biology, 2018. • Professional Licenses and Certifications:

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o ISA Certified Arborist and Utility Specialist, WE-12659A o Tree Risk Assessment Qualified (TRAQ)
• Experience
o 2016-Present. Utility vegetation management, vegetation program management, arborist inspections, hazard tree assessment, wildfire and storm emergency response, exotic plant management, riparian and Sandhills habitat restoration and environmental compliance
Phil Noia (Associate Forester) OPERATIONS FORESTER/ARBORIST • Education – Feather River College, Quincy. A.S. Timber Technician. 1986. • Professional Licenses and Certifications:
o ISA Certified Arborist and Utility Specialist, WE-7042AU o CALFIRE Licensed Timber Operator #C11157
• Experience
o 1986-Present. Forestry/timberland management, utility vegetation management, arborist inspections, hazard tree assessment, wildfire and storm emergency response, wildfire fuels reduction projects and timber harvesting.

2. Relevant Work Experience and References
Contra Costa County Fire Protection District Wildfire Mitigation Program Dates of Service: June 2023 - June 2026
Location: Contra Costa County (County Wide Program)
Size and Budget: 100+ locations (Approx. 1000+ acres treated). Budget $7 million Project Owner and Contact Info: Chris Bachman, Fire Marshal (925) 260-6881. [email protected] Project Description: Development of fuels treatment prescription, project field layout and flagging of sensitive species buffers. Tree inspections and identification of hazard trees for removal. Oversight and supervision of project implementation. Implementation of fuels reduction work (Shaded Fuld Breaks, Evacuation Route Clean Up, Vegetation Management and Fuel Reduction, Removal of Dead Trees) using hand crew and tow/tracked chippers. Traffic control for roadside work performed.

San Lorenzo Valley Water District (SLVWD) Wildfire Fuels Reduction for Protection of District Infrastructure Projects
Dates of Service: June 2021 - Present
Location: SLVWD Property, Santa Cruz County.

Size and Budget: 20+ locations (Approx. 200 acres treated). Budget $500 thousand Project Owner and Contact Info: Chris Klier, Environmental Programs Manager (831) 430-4638. [email protected]
Project Description: Development of fuels treatment prescription, project field layout and flagging of sensitive species/resource buffers. Tree inspections and identification of hazard trees for removal.

Oversight and supervision of project implementation. Implementation of fuels reduction work and establishment of defensible space around district owned facilities and access roads. Utilization of hand crew and tow chippers.

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CAL FIRE Elk Evacuation Shaded Fuel Break (MEU-Mendocino Co.) Dates of Service: March 2022 – November 2022
Location: Greenwood Philo Road, Cameron Road and Signal Ridge Road (Mendocino County DOT) Size and Budget: 25 Miles of Road Length (Approx. 120 acres in size). Budget $500 thousand Project Owner and Contact Info: Ben MacMillian, Elk Community Services District. (916) 660-3330; [email protected]. Julie Rhoads, CAL FIRE. (707) 813-0231; [email protected] Project Description: Creation of a shaded fuel break/removal of hazard trees and animal browse along three County Roads (25 Miles total length) for use of a shaded fuel break and emergency ingress/egress.

Provided professional services for the CEQA review/environmental documentation, landowner contact/coordination/access permission, supervision and implementation of the work to establish fuel break and remove trees. Creation of maps, GIS and project tracking/quality control process.

Caltrans District 11 San Diego County Wildfire Fuels Reduction and Hazard Tree Removal Project Dates of Service: April 2022 – July 2022
Location: Caltrans District 11 San Diego County.

Size and Budget: 100+ Miles of Road Length. Budget $150 thousand Project Owner and Contact Info: Brice Little, Utility Tree Service LLC. (530) 545-1075.

[email protected]
Project Description: Provided sub-contracted professional services for the development of a Fuels Reduction Action Plan (FRAP), development of fuels reduction treatment prescription, identification and inventory of removal hazard trees, flagging of protection zones and GIS/maps.

Caltrans District 5, Santa Cruz/San Luis Obispo/Santa Barbara Counties Wildfire Fuels Reduction and Hazard Tree Removal Project
Dates of Service: April 2023 – August 2023
Location: Caltrans District 5 Santa Cruz, San Luis Obispo, Santa Barbara Counties.

Size and Budget: 100+ Miles of Road Length. Budget $150 thousand Project Owner and Contact Info: Wes Moorhead, AERI Inc. (412) 445-8686. [email protected].

Project Description: Provided sub-contracted professional services for the development of a Fuels Reduction Action Plan (FRAP), development of fuels reduction treatment prescription, identification and inventory of removal hazard trees, flagging of protection zones and GIS/maps.

Caltrans District 5 RPF/Arborist Services for Projects (Monterey and San Benito Counties) Dates of Service: June 2023-July 2024
Location: Caltrans District 5. Hwy 101 and 156.

Size and Budget: 4+ mile of highway length. Budget $50 thousand Project Owner and Contact Info: Jay Karl, Vegetation Program Advisor. (805) 459-3696.

[email protected]
Project Descriptions:

Highway 156 (San Juan Bautista) roadway widening project provide arborist assessment for redwood tree protection from construction of highway widening, sound wall and foundation excavations. Arboriculture reports for tree health/condition, recommendations for tree construction protections/mitigations, monitoring and follow up visits for change in condition recommendations.

Highway 101 (Prunedale) eucalyptus tree assessments, hazard tree assessments, inventory, mitigation recommendations. Hazard tree mitigation recommendations. Tree identification, marking, inventory, reports and hazard ratings utilizing ISA TRAQ arborists.

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2. Proposed Methodology/Technical Approach
Understanding the Work
The proposed wildfire fuels reduction work is primarily intended to remove all of the eucalyptus trees from the mapped project areas 1, 2 and 3 for the reduction of wildfire risk to the surrounding community. After our on-site review of the project areas, we proposed to remove all of the eucalyptus within the entirety of Area 1 (3.2 acres) and Area 3 (4.5 acres), a portion of Area 2 (1.0 acre) due to safety concerns and limited budget. Only a portion of Area 2 (Area 2a) is proposed for eucalyptus tree and associated treatments due to the extreme steep slopes that are above the City Corp Yard, buildings, recycling center and other improvements that could be impacted from falling or dislodged boulders or large wood debris.

See attached map for proposed work areas and wood processing area. It is proposed that work will begin in work Area 1 and preparing the wood processing yard in Area 3. Work will progress by completing Area 1 and the portion of Area 2 until completed, then move to Area 3 until the entire project is completed. It is estimated that it will take a total of 35 work days to complete the project as proposed.

Work Plan

1. Tree Removals and Stump Herbicide Treatment
All eucalyptus trees within the proposed work Areas 1, portion of Area 2 and Area 3 will be removed using a combination of free falling, controlled directional falling and some climbing/rigging. Within each project area, the interior trees will be removed first making room to fall and process the perimeter trees.

Perimeter trees will need to be carefully removed to keep removed trees on City owned property (project areas) and avoid impacting either the adjacent watercourse buffer, structures, houses, power lines, or from falling down the excluded very steep slopes of Area 2. All eucalyptus tree removals will be carefully done to protect native trees and vegetation.

Once the trees have been felled, then the trees will be cut up into parts for moving and processing.

Within project Area 1 and 2, removed tree logs will be moved to the access trail in Area 1 and loaded into small dump/chip trucks as either logs or wood chips. The small dump/chip trucks (gross weight of <8 tons due to weight restrictions on Moeser Ln) will then haul out the access trails/roads to King Court and down to the wood processing location in Area 3 for either processing into wood chips and loading into wood chip truck vans for transport off site. All logs and wood debris in Area 3 will be moved and processed in Area 3.

After all of the logs have been moved, smaller limbs and or wood debris (minor amount of wood debris 10-20%) will be chipped using a track chipper and wood chips broadcast onto exposed soils of >100 sq.ft. for erosion control. Any berms or ruts from heavy equipment use will be smoothed out to confirm to the natural surface grades of the project areas and disturbed soils covered with site produced wood chips.

Broadcast wood chips will be spread evenly and should not exceed an average of 4” deep. Wood chips will not be broadcast into the 50’ creek buffer or other identified resource protection zones.

Removed eucalyptus tree stumps will be low cut to 4” or less above the ground surface and the fresh cut/cleaned stump surface will be treated with the prescribed herbicide treatment immediately (within 30 minutes) after cutting for best control results. Cut stump herbicide treatments will utilize a color dye marker and marking paint to confirm individual stumps have been treated.

It is estimated that there is an average of 40-50 eucalyptus trees/acre in Areas 1, 2 and 3. The diameter range of removal eucalyptus trees are between 10-36” DBH. Average tonnage of wood waste per tree is estimated to be 4-8 tons. It is estimated that it will take 18 days to complete the tree removals.

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2. Wood Debris Processing and Disposal
Wood debris resulting in the removal of the eucalyptus trees will be processed into wood chips for hauling and repurposing off site. The removed/felled material becomes property and responsibility of the contractor except for 20 logs/boles 16-30” x 12’ that will be moved from Area 3 to the area designated in the City’s Corp Yard for milling.

It is proposed that the eucalyptus wood chips be hauled to the Woodland Biomass Power LLC (https://dtevantage.com/business-lines/renewable-energy/) facility for utilization as fuel for the production electricity. This disposal method allows for utilization of the wood resource and provides a minor value of delivered wood chips that helps off-set the cost of transportation.

A wood processing area will be established in Area 3 for the purpose of wood processing and loading for transport. Wood debris will be feed through a large whole tree chipper that will produce wood chips. Two excavators will process and feed the wood chipper at this designated location. Wood chips will either be “live” loaded into chip vans from transport or loaded into the chip vans by a front-end wheel loader. It is estimated that it will take 18 days to process the wood debris into wood chips and haul off site to the biomass plant. It is estimated that there are approximately 6 chip van loads of wood debris per acre for disposal. It is estimated that there will be a total of 50-70 chip van loads of chips of material for transport and disposal.

3. Project Safety and Mitigation Measures
Exclusionary Work Zones
• Secured felling area of a minimum of 2.5 times the height of trees being felled shall be established and maintained during felling operations. This felling safety zone will be established using a combination of safety cones, signs and dedicated safety observers. • Project area work exclusions will be established prior to operations in each project area. These safety exclusions will be a combination of temporary project fencing, gates, cones, signs and dedicated safety observers. This is intended to restrict public access to the work areas and alert the public of the project operations.

Traffic Safety
• Traffic safety for this project is a key objective for implementation work. Project implementation will provide safe access for workers and the public by following all applicable standards. A traffic control plan and safety procedures will be strictly reviewed and followed on a daily basis. • Warning signs will be placed at road haul routes to alert drivers and public of potential truck hauling operations. No work will be performed until the daily plan is developed and the necessary traffic control zones are established for worker and public safety.

Mitigation Monitoring and Reporting Program (MMRP)
• Confirm mitigation measures are completed and appropriate protections provided for sensitive resources.
• Review protection measures, buffers and sensitive resource locations with work crew and monitor compliance.

Erosion Control and Dust Abatement
• The primary erosion control method will be to utilize site produced wood chips to cover disturbed soils in completed portions of the project areas. If wood chips are not feasible, then jut netting and straw wattles will be utilized. At the wood processing location in Area 3, straw wattles will be utilized on the downhill side and edge of the creek buffer area. • Project operations are planned to occur primarily before October 15th. However, in the case of a 30% chance of rain or greater, project operations will cease and erosion controls will be installed Agenda Packet Page 114 of 215
8 POWERS FORESTRY – 7/23/2026
prior to the rain event. If project operations extend beyond October 15th, then operations will be restricted to dry rainless periods without saturated soil conditions. Additional erosion control may be needed in the form of road surface rocking to the proposed wood processing site in Area 3. • Daily dust abatement will occur in the project areas where dust from disturbed soils and wood chipping may occur. This will be accomplished by watering disturbed work areas such as access roads and wood processing areas with a water truck each day prior to operations. If necessary additional watering of concentrated work areas will occur each day of operations.

Equipment Inspections
• Daily inspections of equipment for fuel, oil and hydraulic leaks. On-site fueling to use drip pans and/or absorbent pads for capture of any accidental spills or leaks.

Herbicide Applications
• Obtain a Pest Control Recommendation from licensed Pest Control Advisor (PCA). Register applicator and business license with County Ag Commissioners office. Obtain site use permit if necessary from County Ag Commissioners office.
• Submit all herbicide application plan and PCA recommendation to the City project managers. • Install Pesticide application warning signs prior to applications. Remove signs after restricted reentry periods have expired.

Safety Plans
Staff safety is of utmost importance in performing field work operations. A robust safety program has been developed and implemented to ensure safe field operations. Our utility clients have also required utilization of ISN system to track our field safety program, trainings and safety record/incidents. We have maintained a “A” rating for the last 5 years.

Safety Program Features:
• Incident and Illness Prevention Plan (IIPP)
o Programmatic Safety Plan to cover projects that are potentially medium to high safety risk.
o These plans are specific to each project with a higher safety risk and address safety concerns and procedures.
• Safety Manual with Appendices that cover topics such as Heat Illness Prevention, Remote Area Field Work, Rural Road Driving, Defensive Driving, etc. o Regular safety meetings and trainings in First Aid/CPR/AED, Defensive Driving and Field work hazards.
o Daily Job Safety Analysis (JSAs) and meetings to be completed to review safety concerns for daily tasks.
o Providing for all PPE and Fire Prevention tools
• Fire Prevention Plan
o Monitor weather conditions and Fire Index Ratings
o Adjust or suspend operations for hazardous conditions. o Inspect fire tools and review procedures.
o Equipment refueling shall protect water riparian resources and be done at cleared areas to prevent accidental fires.
o 500 gallon “buffalo” trailer with hose line and nozzle. • Operation of wood chippers and gas-powered hand tools to have fire prevention measures (Ref.

PRC codes) and tools in place each day including:
 Shovels
 5 Gallon water back pack pumps
 Axes
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 Fire extinguishers
 Working or dedicated fire watch
 Monitoring of Fire Potential Index (PG&E) and Fire Weather conditions (NOAA) o Operational shut downs for very high and extreme fire hazard conditions. • Incident Reporting
o Establish an incident reporting procedure and contacts • Enhanced Fire Prevention Practices - summary of practices in addition to the regular fire prevention practices for the different FPI and (R4/R5/R5+) and other fire ratings below:
 R4 –
Dedicated Fire Watch (remain on site 30 min. after stop of operations) Min. 120 gallon water tank trailer with pump, 200 feet hose and nozzle with 40 PSI.  R5 –
Dedicated Fire Watch (remain on site 30 min. after stop of operations) Min. 120 gallon water tank trailer with pump, 200 feet hose and nozzle with 40 PSI.

Stop chipper/chainsaw work after 1pm (1300 hrs)
 R5 Plus/Fire Weather Watch/Red Flag Warning/Extreme or Very High Fire Danger – Cease all operations unless extra precautionary measures are approved by the El Cerrito Fire Chief.

Work Tracking, Scheduling and Documentation
Prior to Work Starting
• Oversight/supervision (On-Site Foreman) staff to review all plans, permits and procedures. • Obtain a no-fee City Permits for required hauling routes. • Prepare Operations Plan to be submitted to City staff prior to start of work. • Monitor weather forecasts for fire weather or precipitation that may alter work schedule. • Coordinate with City management and other field staff to establish a daily/weekly schedule and work plan.
• Field review project areas to verify ESA locations, watercourses, water lines/facilities for identification and protection.
• Arborist with TRAQ will inspect the removal trees and develop removal plans with fallers and climbers for safe removal operations.
• Submit all needed traffic control plans and notices.
• Develop project specific Survey 123 forms for project safety and documentation requirements. • Create project implementation maps for field staff use. • Installation of temporary project fencing, safety signs/cones, pesticide use notices, etc.

Project Implementation
• Conduct daily pre-operations safety meetings and JSAs for each project site. If safety conditions change during daily operations or change site, conduct new safety meeting/JSA to address change in conditions.
• Ensure all traffic safety measures are in place prior to start of work for worker and public safety. • Supervision of operations to ensure treatments are following the treatment prescriptions. Perform QA/QC inspections to ensure SOW and MMRPs are followed. • Document daily activities on the Survey 123 form as well as on supplemental Survey 123 forms for complete documentation. Survey 123 forms may include:
o Daily operations such as # of trees removed, confirmation of dust abatement, fire prevention equipment inspections, erosion control completion, volume of herbicide used, and other operational notes are documented.
o Biomass tracking (origin location, volume, transport, disposal facility, dates/times) o Before and after photos
• Record on project maps work progress and completion.

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• Document before/after project implementation photos on Survey 123 form.

Project Area Completion
• Ensure all project work areas are completely documented with project activities. • Communicate with City management progress on a daily/weekly basis. • Update project schedule and work area progress.
• Ensure all BMPs, AMM and erosion controls are in place prior to completion • Maintain project records including:
o Before/after photos,
o Daily Journal reports,
o QA/QC documentation,
o Progress tracking.
o Pesticide Use Reports
• Conduct final inspections and contract closeout coordination with City management. • Ensure all contractual obligations are completed before project closeout.

3. Equipment and Labor Resources Available
Professional Services
• 1 - Project Foreman/Forester/Arborist. Providing on-site supervision, oversight, QA/QC, documentation and tree inspections.

Tree Removals
• 2 – Faller/Climber/Groundmen
• 2 – Excavators with grapple/log splitter
• 1 – Whole tree wood chipper
• 2 – 15 yard chip trucks (Areas 1 and 2 only)
• 1 – 2000 gallon water truck
Wood Disposal
• 1 – Whole tree wood chipper
• 2 – Excavators with grapple/log splitter
• 1 – 3.5 yard front end wheel loader
• 2 – 40 yard chip van trucks for off-site disposal transport • 1 – 2000 gallon water truck
Herbicide Treatments
• 1 - Person labor crew for applications.

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4. Proposed Overall Project Schedule and Budget

APPROXIMATE PROJECT SCHEDULE
1 2 3 4 7 8 9 10 11 14 15 16 17 18 21 22 23 24 25 28 29 30 1 2 5 6 7 8 9 12 13 14 15 16 Project Area 1

1. Fall Trees

2. Wood Management

3. Cut Stump Treatment
Project Area 2

1. Fall Trees

2. Wood Management

3.Cut Stump Treatment
Project Area 3

1. Fall Trees

2. Wood Management

3.Cut Stump Treatment
1 2 3 4 7 8 9 10 11 14 15 16 17 18 21 22 23 24 25 28 29 30 1 2 5 6 7 8 9 12 13 14 15 16 Project Area 1

1. Wood Processing

2. Trucking
Project Area 2

1. Wood Processing

2. Trucking
Project Area 3

1. Wood Processing

2. Trucking
1 2 3 4 7 8 9 10 11 14 15 16 17 18 21 22 23 24 25 28 29 30 1 2 5 6 7 8 9 12 13 14 15 16 Project Area 1

1. Site Clean Up
Project Area 2

1. Site Clean Up
Project Area 3

1. Site Clean Up
Project Timeline
September 2026 October 2026
September 2026 October 2026
Task
Task
Task
Sub-Tasks
Sub-Tasks
Sub-Tasks
Site Clean
Up and
Erosion
Control
Tree
Removal
Disposal
September 2026 October 2026
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PROJECT BUDGET DETAIL
A) Tree Removal
Tree Removal Cost/hr Hours/Day Production # Acres # Days Total Cost Fallers 1 $ 205 8 0.5 3.2 6.4 $ 12,607
Ground Men 1 $ 176 8 0.5 3.2 6.4 $ 10,783
$ 23,390
Wood Management Cost/hr Hours/Day Production # Acres # Days Total Cost Excavator with Grapple $ 316 8 0.5 3.2 6.4 $ 19,409
Track Chipper $ 247 8 0.5 3.2 6.4 $ 15,151
Equipment Operator $ 231 8 0.5 3.2 6.4 $ 14,211
Water Truck Rental $ 28 8 0.5 3.2 6.4 $ 1,720
Chip Truck Rental $ 28 8 0.5 3.2 6.4 $ 1,720
$ 52,212
B) Disposal
Wood Processing Cost/hr Hours/Day # Loads/Day Loads Per Acre # Acres Total Cost Wheel Loader Rental 40 8 3 6 3.2 $ 2,458
Cost/hr Hours/Day Production # Acres # Days
Operator $ 231 4 0.5 3.2 6.4 $ 45,475
$ 47,933
Trucking Cost/Load # Loads/Day Total Loads Loads Per Acre # Acres Total Cost Chip Vans/RT Haul $ 700 3 19.2 6 3.2 $ 16,128
$ 16,128
Tons/Load # Loads Total Dry Tons $/BDT Total Cost
Delivered Value Per Load 17 19.2 326.4 $ 22 $ (7,181)
Subtotal $ (7,181)
C) Herbicide Application
Cut Stump Lump Sum Total Cost
Labor 960
Subtotal $ 480
Professonal Services
Project Manager/Forester Cost/hr Hours/Day # Days Flat Fee Total Cost 125 8 6.4 6400
Total Cost
Mobilization 2360 1180 1416 $ 2,832
Subtotal $ 2,832
Total Project Area 1 $ 142,674
Project Area 1
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A) Tree Removal
Tree Removal Cost/hr Hours/Day Production # Acres # Days Total Cost Fallers 1 $ 205 8 0.5 1 2 $ 3,939.8
Ground Men 1 $ 176 8 0.5 1 2 $ 3,369.6
$ 7,309
Wood Management Cost/hr Hours/Day Production # Acres # Days Total Cost Excavator with Grapple $ 316 8 0.5 1 2 $ 6,065.3
Track Chipper $ 247 8 0.5 1 2 $ 4,734.7
Equipment Operator $ 231 8 0.5 1 2 $ 4,441.0
Water Truck Rental $ 28 8 0.5 1 2 $ 537.6
Chip Truck Rental $ 28 8 0.5 1 2 $ 537.6
$ 16,316.16
B) Disposal
Wood Processing Cost/hr Hours/Day # Loads/Day Loads Per Acre # Acres Total Cost Wheel Loader Rental 40 8 3 6 1 $ 768.0
Cost/hr Hours/Day Production # Acres # Days
Operator $ 231 4 0.5 1 2 $ 4,441.0
$ 5,208.96
Trucking Cost/hr Hours/Load # Loads/Day Loads Per Acre # Acres Total Cost Chip Vans/RT Haul $ 155 4.5 3 6 1 $ 5,022.0
$ 5,022.00
Tons/Load # Loads Total Dry Tons $/BDT Total Cost
Delivered Value Per Load 17 6 102 $ 22 $ (2,244)
Subtotal $ (2,244)
C) Herbicide Application
Cut Stump Lump Sum Total Cost
Labor 300 $ 360.0
Subtotal $ 360.00
Professonal Services
Project Manager/Forester Cost/hr Hours/Day # Days Flat Fee Total Cost 125 8 2 $ 2,000
Total Project Area 2 $ 33,973
Project Area 2
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A) Tree Removal
Tree Removal Cost/hr Hours/Day Production # Acres # Days Total Cost Fallers 1 $ 205 8 0.5 4.5 9 $ 17,729.3
Ground Men 1 $ 176 8 0.5 4.5 9 $ 15,163.2
$ 32,892
Wood Management Cost/hr Hours/Day Production # Acres # Days Total Cost Excavator with Grapple $ 316 8 0.5 4.5 9 $ 27,293.8
Track Chipper $ 247 8 0.5 4.5 9 $ 21,306.2
Equipment Operator $ 231 8 0.5 4.5 9 $ 19,984.3
Water Truck Rental $ 28 8 0.5 4.5 9 $ 2,419.2
$ 71,003.52
B) Disposal
Wood Processing Cost/hr Hours/Day # Loads/Day Loads Per Acre # Acres Total Cost Wheel Loader Rental 40 8 3 6 4.5 $ 3,456.0
Cost/hr Hours/Day Production # Acres # Days
Operator $ 231 4 0.5 4.5 9 $ 89,929.4
$ 93,385.44
Trucking Cost/Load # Loads/Day Total Loads Loads Per Acre # Acres Total Cost Chip Vans/RT Haul $ 700 3 27 6 4.5 $ 22,680.0
$ 22,680.00
Tons/Load # Loads Total Dry Tons $/BDT Total Cost
Delivered Value Per Load 17 27 459 $ 22 $ (10,098)
Subtotal $ (10,098)
C) Herbicide Application
Cut Stump Lump Sum Total Cost
Labor 1350 $ 1,350
Subtotal $ 1,350
Professonal Services
Project Manager/Forester Cost/hr Hours/Day # Days Flat Fee Total Cost 125 8 9 $ 9,000
Total Cost
DeMobilization 2360 1180 1416 $ 2,832.0
Subtotal $ 2,832.00
Total Project Area 3 $ 223,045
Project Area 3
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**All applicable prevailing wage rates have been applied to the job classifications proposed for implementation.

Area 1 (3.2 Acres) Area 2 (1.0 Acres) Area 3 (4.5 Acres) Total Project A) Tree Removal $ 75,602 $ 23,626 $ 103,896 $ 203,124
Tree Removal $ 23,390 $ 7,309 $ 32,892 $ 63,592
Wood Management $ 52,212 $ 16,316 $ 71,004 $ 139,531
B) Disposal $ 56,880 $ 7,987 $ 105,967 $ 170,835
Wood Processing $ 47,933 $ 5,209 $ 93,385 $ 146,527
Trucking $ 16,128 $ 5,022 $ 22,680 $ 43,830
Delivered Value Per Load $ (7,181) $ (2,244) $ (10,098) $ (19,523) C) Herbicide Application $ 960 $ 360 $ 1,350 $ 2,670
Cut Stump $ 960 $ 360 $ 1,350 $ 2,670
Professonal Services $ 6,400 $ 2,000 $ 9,000 $ 17,400
Mobilization $ 2,832 $ - $ - $ 2,832
DeMobilization $ - $ - $ 2,832 $ 2,832
$ 142,674 $ 33,973 $ 223,045 $ 399,692
Cost per Acre Cost/Acre Area 1 Cost/Acre Area 2 Cost/Acre Area 3 Tree Removal $ 25,068 $ 24,626 $ 24,403
Disposal $ 19,218 $ 8,987 $ 24,863
Herbicide Application $ 300 $ 300 $ 300
$ 44,586 $ 33,913 $ 49,566
Site 1 (3.2 Acres) Site 2 (1.0 Acres) Site 3 (4.5 Acres) Total Project Working Days 13 4 18 35
Agenda Packet Page 122 of 215
Area 3

4.5 ac
Area 1

3.2 ac
Area 2b
4 ac
Area 2a (Euc
Removal)
1 ac
0 250 500
Feet 7/22/2026
Proposed Fuel Reduction
Fuel Treatment Areas
El Cerrito City Parcels
Creek
Creek Buffer
Wood Processing Yard
Access Road
Agenda Packet Page 123 of 215

EXHIBIT C

PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.

HOURS OF WORK:

A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract.

B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to 8 hours during any one calendar day, and 40 hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of 8 hours during any one calendar day and 40 hours during any one calendar week is permitted upon compensation for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any one calendar week at not less than one-and-one-half times the basic rate of pay.

C. The Contractor and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.

WAGES:

A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Contractor and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services or work.

B. In accordance with California Labor Code Section 1775, the Contractor and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes penalties per day for each worker engaged in the performance of the services described in Exhibit A that the Contractor or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Contractor or subcontractor in meeting applicable prevailing wage Agenda Packet Page 124 of 215
obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Contractor or subcontractor had knowledge of their obligations under the California Labor Code. The Contractor or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Contractor is not liable for any penalties therefore unless the Contractor had knowledge of that failure or unless the Contractor fails to comply with all of the following requirements:

1. The contract executed between the Contractor and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.

2. The Contractor shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.

3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A.

4. Prior to making final payment to the subcontractor, the Contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.

C. In accordance with California Labor Code Section 1776, the Contractor and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

1. The information contained in the payroll record is true and correct.

2. The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.

The payroll records required pursuant to California Labor Code Section 1776 shall be certified and sent directly to the Labor Commissioner, and available for inspection by the Owner and its Agenda Packet Page 125 of 215
authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.

D. In accordance with California Labor Code Section 1777.5, the Contractor, on behalf of the Contractor and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.

E. In case it becomes necessary for the Contractor or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Contractor or subcontractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 5129784.1
Agenda Packet Page 126 of 215

AGENDA BILL
Agenda Item No. 6.F.

Date: August 18, 2026
To: El Cerrito City Council
From: Chris Jones, Recreation Director, Recreation Department Subject: Authorization To Enter Into a General Services Agreement With Knorr Systems, Inc. for Swim Center Maintenance, On-Call Services, and Chemicals

ACTION PROPOSED
Adopt a resolution authorizing the award of a General Services Agreement to Knorr Systems, Inc. (KSI) for quarterly equipment maintenance, on-call repair services, and the purchase of pool chemicals, equipment and parts for the El Cerrito Swim Center based on the firm's specialized experience and expertise, use of proprietary equipment and systems, and participation in Sourcewell Contract No. 012226-AQUA; and authorizing the City Manager to execute the contract in a not-to-exceed amount of $105,000 for Fiscal Year 2026-27 for a total contract not-to-exceed amount of $487,305 over the full four-year contract term.

BACKGROUND
The El Cerrito Swim Center opened to the public in 2004 following major renovations of the original facility, which was built in 1963. It is now in its twenty-third year of operation.

The facility's pump and chemical rooms run continuously to maintain water quality and chemistry in compliance with health and safety standards. Since the Swim Center reopened, the City has maintained a service contract with Knorr Systems, Inc. (KSI), providing prompt response to unscheduled maintenance issues, quarterly preventative maintenance for specialized equipment, and asset and parts replacement as needed to support the long-term reliability of Swim Center operations. KSI also manages chemical procurement and delivery through its established supplier network, ensuring chemical products meet the specifications required for proper equipment performance and health and safety requirements. Pool treatment chemicals are typically distributed through specialized commercial supply chains rather than purchased directly from manufacturers. Using a large distributor such as KSI who services multiple customers helps the City avoid logistical challenges, minimum order requirements, liability considerations, and quality control issues.

On June 16, 2026, the City Council adopted Resolution No. 2026-41, authorizing the purchase of goods and on-call services from KSI in an amount not to exceed $105,000 for Fiscal Year 2026-27. There are very few pool equipment maintenance contractors in Northern California that provide the same level of technical expertise while also having the resources and personnel to respond quickly to emergencies, helping minimize pool closure times and service disruptions. Staff periodically surveys public aquatic facilities throughout the Bay Area and has found that the majority rely on KSI for capital maintenance and specialized pool equipment services.

Agenda Packet Page 127 of 215
Agenda Item No. 6.F.

While some larger agencies with multiple aquatic facilities perform this work with inhouse staff, maintaining a contract with KSI allows the City to access specialized expertise, coordinate equipment maintenance and chemical management through a single provider, and ensure the continued safe and efficient operation of the Swim Center.

ANALYSIS
Staff have evaluated the equipment service and maintenance needs at the El Cerrito Swim Center and determined that awarding an updated services contract to Knorr Systems, Inc. without going through a complete competitive bidding process is in the best interests of the City for two reasons. The first reason is that much of the pump room's original equipment has been replaced by KSI when needed since 2004, including major capital items such as the pool heaters, making them uniquely qualified to service them. In addition, three critical pieces of equipment in the pump room are proprietary to KSI, meaning no other vendor is currently able to supply parts or perform service on them. This further supports the fact that competitive bidding is not appropriate in this case.

The three proprietary pieces of equipment are:

1. BECSys Chemical Controllers – automated systems used to monitor and manage the water chemistry and filtration in the Activity Pool, Emery G. Weed, III Lap Pool, and Splash Park.

2. PNMTS Carbon Dioxide (CO2) Injection – a safe, automated system that uses CO2 to lower and maintain swimming pool pH levels and reduces the amount of muriatic acid used, a standard, necessary but harsh chemical with corrosive effects over the long run on pool equipment and plaster.

3. Smart Pump – a variable speed system that controls pool pump speed based on filtration needs (for example, high occupancy versus low occupancy times), significantly reducing energy consumption compared to single speed models.

The second reason that a full competitive bidding process is not required is that the proposed agreement also covers the purchase and delivery of pool chemicals, equipment, and replacement parts as needed. Most of these items, including necessary chemicals, are available through Sourcewell Contract No. 012226-AQUA. Sourcewell is a national cooperative purchasing organization that conducts competitive solicitations on behalf of participating public agencies under the authority of Minnesota Statute 123A.21. The City's Procurement Policy permits the purchase of equipment and supplies through competitively solicited cooperative purchasing contracts awarded by other public agencies. The Sourcewell contract was competitively solicited and awarded to Knorr Systems, Inc. (KSI) on February 23, 2026. As a result, the City may utilize that contract to obtain qualifying goods and services without conducting a separate competitive bidding process.

Agenda Packet Page 128 of 215
Agenda Item No. 6.F.

The cost of the proposed General Services Agreement with KSI in Fiscal Year 2026-27 of $105,000 is broken down into the various components shown in Table 1 below.

TABLE 1 - FISCAL YEAR 2026-27 SERVICES BREAKDOWN
Quarterly Equipment Services and Preventative
Maintenance
$26,685.00
Purchased Extra Parts (Kept at Swim Center to minimize
downtime when replacement is needed)
$9,210.01
Estimated Chemicals Expense $59,000.00
~10% Contingency for Unscheduled/Emergency Repairs
and Other Needs
$10,104.99
TOTAL NOT-TO-EXCEED AMOUNT FOR FY 2026-27 $105,000.00
The proposed General Services Agreement allows the City to extend the contract for up to three additional one-year terms. Under the City's standard contract provisions, annual compensation adjustments are typically limited to the percentage increase in the Consumer Price Index (CPI), All Items, San Francisco-Oakland-Hayward Area (Series CUURS49BSAO or successor index), based on the previous 12-month average. In recent years, however, increases in labor, materials, equipment, tariffs, supply chain costs, insurance, and other operating expenses have often exceeded CPI. To address these conditions, the proposed agreement allows the City, at its sole discretion, to approve an annual compensation adjustment above the CPI-based amount when the contractor can adequately document and justify the additional cost increases. Any approved annual adjustment, including both the CPI-based increase and any additional adjustment, shall not exceed a total of ten percent (10%), inclusive of the CPI base adjustment, in a given year. Any annual adjustment exceeding 10% would require City Council approval.

Table 2 below shows the breakdown of the total contract not-to-exceed amount of $487,305 over the full four-year contract term. The amounts from Fiscal Years 2027-28 through 2029-30 represent the maximum allowed increase of 10% each year.

TABLE 2 - CONTRACT TERM NOT-TO-EXCEED AMOUNT BREAKDOWN
Fiscal Year 2026-27 $105,000.00
Fiscal Year 2027-28 $115,500.00
Fiscal Year 2028-29 $127,050.00
Fiscal Year 2029-30 $139,755.00
TOTAL CONTRACT TERM NOT-TO-EXCEED AMOUNT $487,305.00
Regardless of the amounts shown in Table 2, all future fiscal year expenditures are subject to annual budget approval and shall not exceed the Council-approved budget amounts.

Agenda Packet Page 129 of 215
Agenda Item No. 6.F.

STRATEGIC PLAN CONSIDERATIONS
This action supports the City’s Strategic Plan Goal(s) of:
• High Performing Organization; and
• Community Safety; and
• Livability and Belonging; and
• Infrastructure and Amenities; and
• Environmental Sustainability.

ENVIRONMENTAL CONSIDERATIONS
This action is not subject to the California Environmental Quality Act (CEQA), as it can be seen with certainty that there is no possibility of a significant effect on the environment (CEQA Guidelines Section 15061), and it consists of changes to the operation of existing City facilities involving a negligible or no expansion of existing or former use (CEQA Guidelines Section 15301).

The continued use of KSI proprietary equipment supports the City's sustainability goals by lowering energy consumption, reducing chemical use, and improving water treatment efficiency.

FINANCIAL CONSIDERATIONS
The total not-to-exceed amount for the proposed General Services Agreement with Knorr Systems, Inc. (KSI), including a 10% contingency, is $105,000. Funding for this agreement is included in the FY 2026-27 Adopted Budget within the Measure H Parks & Recreation Facilities Parcel Tax Fund (Fund 207). Any future contract extensions and associated funding will be subject to City Council approval through the annual budget process for each subsequent fiscal year and shall not exceed Council-approved budget amounts.

LEGAL CONSIDERATIONS
The City Attorney has reviewed this action and found that legal considerations have been addressed.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution

2. Knorr Systems, Inc General Services Agreement
Agenda Packet Page 130 of 215
RESOLUTION 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO

AUTHORIZING THE AWARD OF A GENERAL SERVICES AGREEMENT TO KNORR SYSTEMS, INC. FOR SWIM CENTER MAINTENANCE, ON-CALL REPAIR SERVICES,

AND THE PURCHASE OF POOL CHEMICALS, EQUIPMENT, AND PARTS, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT FOR AN AMOUNT NOT TO EXCEED $105,000.

WHEREAS, the El Cerrito Swim Center opened to the public in 2004 following major renovations of the original facility and requires ongoing maintenance, repair, and chemical management to ensure safe and reliable operations; and WHEREAS, since the Swim Center reopened, Knorr Systems, Inc. (KSI) has provided specialized maintenance, repair, equipment replacement, and chemical procurement services in support of the Swim Center's pump room and water treatment systems; and
WHEREAS, on June 16, 2026, the City Council adopted Resolution No. 2026-41 authorizing the purchase of goods and on-call services from KSI in an amount not to exceed $105,000 for Fiscal Year 2026-27; and
WHEREAS, certain critical Swim Center equipment, including the BECSys Chemical Controllers, PNMTS Carbon Dioxide Injection System, and Smart Pump system, are proprietary KSI products for which KSI is uniquely qualified to provide parts, repairs, and technical support; and
WHEREAS, the proposed agreement includes the purchase and delivery of pool chemicals, equipment, and replacement parts, many of which are available through Sourcewell Contract No. 012226-AQUA, a competitively solicited cooperative purchasing contract awarded to KSI on February 23, 2026; and
WHEREAS, the City's Procurement Policy authorizes the acquisition of equipment and supplies through competitively solicited cooperative purchasing contracts awarded by other public agencies; and
WHEREAS, staff has determined that entering into a General Services Agreement with KSI is in the best interests of the City based on KSI's specialized expertise, proprietary equipment, emergency response capabilities, and participation in Sourcewell Contract No. 012226-AQUA; and
WHEREAS, the proposed agreement provides for quarterly preventative maintenance, on-call repair services, and the purchase of pool chemicals, equipment, and parts in Fiscal Year 2026-27 for an amount not-to-exceed $105,000 and allows for up to three additional one-year extensions for a total four-year contract not-to-exceed amount of $487,305, and includes potential adjustment based on Consumer Price Index data as set forth below.

Agenda Packet Page 131 of 215
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that it hereby:
1) Determines that awarding a General Services Agreement to Knorr Systems, Inc. without a separate competitive bidding process is justified based on the proprietary nature of certain equipment, KSI's specialized expertise, and the availability of goods through Sourcewell Contract No. 012226-AQUA; and 2) Authorizes the City Manager to execute a contract with Knorr Systems, Inc. for the purchase of goods and services for a term of four (4) years, commencing July 1, 2026, through June 30, 2030, in an annual not-to-exceed amount of $105,000 for Fiscal Year 2026-27 and a total contract not-to-exceed amount of $487,305 over the full contract term. For each renewal term, annual compensation adjustments shall be limited to the Consumer Price Index (CPI), All Items, San Francisco-Oakland-Hayward Area, or successor index unless the contractor provides documentation supporting additional cost increases acceptable to the City. In such cases, the City Manager may approve an annual adjustment greater than CPI, provided the total annual adjustment does not exceed ten percent (10%). Any annual adjustment exceeding ten percent (10%) shall require City Council approval. All future fiscal year expenditures are subject to annual budget approval and shall not exceed the City Councilapproved budget amounts.

BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon passage and adoption.

I CERTIFY that at a regular meeting on August 18, 2026 the City Council of the City of El Cerrito passed this Resolution by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on .
________________________
Holly M. Charléty, City Clerk
APPROVED:
________________________
Gabe Quinto, Mayor
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General Services Agreement between
CITY OF EL CERRITO and KNORR SYSTEMS Page 1 of 10

GENERAL SERVICES AGREEMENT BETWEEN

THE CITY OF EL CERRITO AND KNORR SYSTEMS
This agreement for General Services (“Agreement”) is entered into on July 1, 2026 (the “Effective Date”) between the CITY OF EL CERRITO, a municipal corporation, with offices located at 10890 San Pablo Avenue, El Cerrito, California (“City”) and Knorr Systems (“Contractor”) (together sometimes referred to as the “Parties”).

Section 1. SERVICES. In accordance with the terms and conditions set forth in this Agreement, Contractor agrees to perform all services described in the Scope of Services, attached as Exhibit A, which is incorporated herein (“Services”). In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.1 Term of Services. This Agreement shall begin on the Effective Date and shall end June 30, 2027, unless the term of the Agreement is otherwise terminated or modified, as provided for herein. The term of the agreement shall be extended for up to three (3) additional one (1) year terms with the extensions to commence upon the expiration of the initial term or any extended term unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any extended term of its intent to terminate the agreement at the conclusion of the initial term or any extension. Funding for services beyond June 30, 2027 will be included in future City budgets, but is subject to City Council approval of annual appropriations.

1.2 Standard of Performance. Contractor shall diligently perform all services required in connection with this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession.

1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services in connection with this Agreement.

1.4 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor. In the event of termination, Contractor shall be entitled to compensation for services satisfactorily completed as of the date of written notice of termination; City, however, may condition payment of such compensation upon Contractor delivering to City documents and records identified in Section 10.1 of this Agreement.

Section 2. COMPENSATION. City hereby agrees to pay Contractor for the Scope of Services, whether by fixed price, hourly rates subject to a fixed rate schedule, pursuant to the fee schedule attached as Exhibit A, which is incorporated herein. Total compensation for work performed under this Agreement, NOT TO EXCEED $105,000.00 in Fiscal Year 2026-27. Beginning July 1, 2027, upon request in writing by the Contractor, Contractor's compensation may be adjusted annually by an amount not to exceed the percentage increase in the prior twelve (12) month average of the Consumer Price Index (CPI), All Items, San Francisco-Oakland-Hayward Area (Series CUURS49BSAO or equivalent). If Contractor experiences documented increases in labor, materials, equipment, tariffs, supply chain costs, insurance, or other operating expenses that exceed the CPI adjustment, Contractor may request an additional adjustment. Any Agenda Packet Page 133 of 215
General Services Agreement between
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such request shall be submitted in writing with supporting documentation demonstrating the basis for the increase. The City may, in its sole discretion, approve an adjustment greater than the CPI-based increase; however, in no event shall the total annual adjustment, inclusive of the CPI base adjustment, exceed ten percent (10%) without approval by the City Council through a contract amendment. Contractor shall notify the City by May 1 of each year of the proposed adjustment for the following year. No adjustment shall take effect unless approved in writing by the City.

2.1 Invoices. Contractor shall submit invoices once a month, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Contractor shall have ninety (90) days after the completion of work to invoice City for all amounts due and outstanding under each governed by this Agreement. In the event, Contractor fails to invoice City for all amounts due within such ninety (90) day period, Contractor shall waive its right to collect payment from City.

2.2 Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred.

2.3 Reimbursable Expenses. No expenses, costs, or liabilities of Contractor shall be reimbursable unless the obligation and manner of reimbursement is expressly set forth in the scope of services and fee schedule (Exhibit A).

2.4 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

Section 3. CHANGES AND EXTRA SERVICES.

3.1 Provided that City gives reasonable advance notice to Contractor, City may propose in writing changes to Contractor’s work within the Scope of Services described. If Contractor is of the opinion that any proposed change causes an increase or decrease in the cost, or a change in the schedule for performance, of the services, Contractor shall notify City in writing of that fact within five (5) days after receipt of written proposal for changes.

Contractor may also initiate such notification, upon identifying a condition which may change the Scope of Services as agreed at the time of execution of this Agreement covering such Scope of Services. When and if City and Contractor reach agreement on any such proposed change and its effect on the cost and time for performance, they shall confirm such agreement in writing as an amendment to this Agreement. In the event the Parties cannot reach agreement as to the proposed change, at the City’s sole discretion, Contractor shall perform such work and will be paid for labor, materials, equipment rental, etc., actually used to perform the work.

3.2 City shall not be liable for payment of any changes under Section 3.1, nor shall Contractor be obligated to perform any such changes, except upon such written amendment or supplement; provided that if, upon City’s written request, Contractor begins work in accordance with a proposed change, City shall be liable to Contractor for the amounts due with respect to Contractor’s work pursuant to such change, unless and until City notifies Contractor to stop work on such change.

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General Services Agreement between
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Section 4. PROJECT SITE. Contractor shall perform the Services in such a manner as to cause a minimum of interference with City’s operations and the operations of other contractors at each Project site and to protect all persons and property thereon from damage or injury. Upon completion of the Services at a Project site, Contractor shall leave such Project site clean and free of all tools, equipment, waste materials and rubbish. Each Project site may include all buildings, offices, and other locations where Services are to be performed, including any access roads. Contractor shall be solely responsible for the safe transportation and packing in proper containers and storage of any equipment required for performing the Services, whether owned, leased or rented. City will not be responsible for any such equipment which is lost, stolen or damaged or for any additional rental charges for such equipment. Equipment left or stored at a Project site, with or without permission, is at Contractor’s sole risk. City may assume that anything left on the work site an unreasonable length of time after said work is completed has been abandoned. Any transportation furnished by City shall be solely as an accommodation and City shall have no liability therefore. Contractor acknowledges and agrees that it shall assume the risk and is solely responsible for its use of any City owned equipment and property provided by City for the performance of Services. City shall have no liability to Contractor therefore. In addition, Contractor further acknowledges and agrees that it shall assume the risk and is solely responsible for its owned, non-owned and hired automobiles, trucks or other motorized vehicles as well as any equipment, tolls, or other property which is utilized by Contractor on each Project site.

Section 5. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below for the period covered by the Agreement.

5.1 Workers’ Compensation. If Contractor employs any person, Contractor shall maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor with limits of not less than One Million Dollars ($1,000,000.00) per accident.

5.2 Commercial General and Automobile Liability Insurance. Contractor shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. The City shall be named as an additional insured and insurance shall provide primary coverage with respect to the City by written endorsement to the policy.

5.3 General Liability/Umbrella Insurance. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated.

5.4 Professional Liability Insurance. (Required for all Licensed Contractors performing design work) Contractor shall maintain professional liability insurance for licensed professionals performing work in connection with this Agreement in an amount not less than One Million Dollars ($1,000,000.00) covering the licensed professionals’ errors and Agenda Packet Page 135 of 215
General Services Agreement between
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omissions. Any deductible or self-insured retention shall not exceed Two Hundred FiftyThousand Dollars ($250,000.00) per claim.

5.5 All Policies Requirements.

5.5.1 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall, at the sole option of the City, provide City with (1) certified Certification of Insurance that demonstrates compliance with all applicable insurance provisions contained herein; and (2) upon request by the City, complete certified copies of all policies and/or complete certified copies of all endorsements that demonstrate compliance with this Section 5.

5.5.2 Notice of Reduction in or Cancellation of Coverage. A certified endorsement must be attached to all insurance obtained in accordance with this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.

5.6 Waiver of Subrogation. Contractor agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents, and subcontractors.

Section 6. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES.

6.1 To the fullest extent permitted by law, Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers (collectively, “Indemnities”) from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services contained in this Agreement, or its failure to comply with any applicable law or regulation, except such Liability caused by the sole negligence or willful misconduct of City.

The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City in writing. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first.

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General Services Agreement between
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With respect to third party claims against the Contractor, the Contractor waives any and all rights of any type to express or implied indemnity against the Indemnitees.

Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damage or claims for damages whether or not such insurance policies shall have been determined to apply.

6.2 PERS Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

6.3 Design Professionals. Notwithstanding Sections 6.1 and 6.2, to the extent that the services under this Agreement include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Contractor’s duty to indemnify shall only be to the maximum extent permitted by California Civil Code Section 2782.8.

6.4 Construction Contracts. Notwithstanding Sections 6.1 and 6.2, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be do so would be prohibited by California Civil Code Section 2782.

Section 7. STATUS OF CONTRACTOR. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Section 8. LEGAL REQUIREMENTS.

8.1 Governing Law. The laws of the State of California shall govern this Agreement.

8.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work in connection with this Agreement.

8.3 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.

8.4 Nondiscrimination and Equal Opportunity. In compliance with federal, state and local laws, Contractor shall not discriminate, on the basis of a person’s race, religion, color, Agenda Packet Page 137 of 215
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national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.

8.5 Work Requiring Payment of Prevailing Wages. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code must be paid to all workers engaged in performing the Work. Copies of such prevailing rate of per diem wages can be found at the following website: https://protect-us.mimecast.com/s/RKorBEh6zVmC7?domain=dir.ca.gov.

All contractors and subcontractors who bid or work on a public works project over amounts specified under California Labor Code Section 1725.5(f) must register and pay an annual fee to Department of Industrial Relations (DIR) pursuant to California Labor Code section 1725.5. Information regarding DIR registration can be found at the following website:
https://protect-us.mimecast.com/s/vlRgBQH298rik?domain=dir.ca.gov.

Contractor agrees, in accordance with Section 1771.1 of the California Labor Code, that contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Contractor agrees, in accordance with Section 1771.4 of the California Labor Code, this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Section 9. MODIFICATION.

9.1 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

9.2 Assignment. Contractor may not assign this Agreement or any interest therein without the prior written approval of the City.

9.3 Subcontracting. Contractor shall not subcontract any portion of the performance contemplated and provided for herein without prior written approval of the City. Where written approval is granted by the City, Contractor shall supervise all work subcontracted by Contractor in performing the Services; shall be responsible for all work performed by a subcontractor as if Contractor itself had performed such work; the subcontracting of any work to subcontractors shall not relieve Contractor from any of its obligations under this Agreement with respect to the Services; and Contractor is obligated to ensure that any and Agenda Packet Page 138 of 215
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all subcontractors performing any Services shall be fully insured in all respects and to the same extent as set forth under Section 5, to City’s satisfaction.

9.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.

9.5 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

9.5.1 Immediately terminate the Agreement;

9.5.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor in accordance with this Agreement;

9.5.3 Retain a different Contractor to complete the Services not finished by Contractor; or

9.5.4 Charge Contractor the difference between the costs to complete the work at the time of breach and the amount that City would have paid Contractor in accordance with Section 2 if Contractor had completed the Work.

Section 10. KEEPING AND STATUS OF RECORDS.

10.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the City.

10.2 Contractor’s Books and Records. Contractor shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement.

10.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the “Disclosing Party”) may disclose confidential, proprietary or trade secret information (the “Information”), to the other party (the “Receiving Party”). The Receiving Party shall hold the Disclosing Party’s Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Contractor understands that City is a public City and is subject to the laws that may compel it to disclose information about Contractor’s business.

Section 11. WARRANTY.

11.1 In addition to any and all warranties provided or implied by law or public policy, Contractor warrants that all Services (including but not limited to all equipment and materials supplied Agenda Packet Page 139 of 215
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in connection therewith) shall be free from defects in design and workmanship, and that Contractor shall perform all Services in accordance with all applicable engineering, construction and other codes and standards, and with the degree of high professional skill normally exercised by or expected from recognized professional firms engaged in the practice of supplying services of a nature similar to the Services in question. Contractor further warrants that, in addition to furnishing all tools, equipment and supplies customarily required for performance of work, Contractor shall furnish personnel with the training, experience and physical ability, as well as adequate supervision, required to perform the Services in accordance with the preceding standards and the other requirements of this Agreement. In addition to all other rights and remedies which City may have, City shall have the right to require, and Contractor shall be obligated at its own expense to perform, all further services which may be required to correct any deficiencies which result from Contractor’s failure to perform any Services in accordance with the standards required by this Agreement. Moreover, if, during the term of this Agreement (or during the one (1) year period following the term hereof), any equipment, goods or other materials or Services used or provided by Contractor under this Agreement fail due to defects in material and/or workmanship or other breach of this Agreement, Contractor shall, upon any reasonable notice from City, replace or repair the same to City's satisfaction. Unless otherwise expressly permitted, all materials and supplies to be used by Contractor in the performance of the Services shall be new and best of kind.

11.2 Contractor hereby assigns to City all additional warranties, extended warranties, or benefits like warranties, such as insurance, provided by or reasonably obtainable from suppliers of equipment and material used in the Services.

Section 12. HEALTH AND SAFETY PROGRAMS. The Contractor shall establish, maintain, and enforce safe work practices, and implement an accident/incident prevention program intended to ensure safe and healthful operations under their direction. The program shall include all requisite components of such a program under Federal, State and local regulations and shall comply with all City site programs.

12.1 Contractor will be responsible for acquiring job hazard assessments as necessary to safely perform all duties of each Project and provide a copy to City upon request.

12.2 Contractor will be responsible for providing all employee health and safety training and personal protective equipment in accordance with potential hazards that may be encountered in performance of Project and provide copies of the certified training records upon request by City. Contractor shall be responsible for proper maintenance and/or disposal of their personal protective equipment and material handling equipment.

12.3 Contractor is responsible for ensuring that its lower-tier subcontractors are aware of and will comply with the requirements set forth herein.

12.4 City, or their representatives, shall periodically monitor the safety performance of the Contractor working on the Project. All Contractors and their subcontractors shall be required to comply with the safety and health obligations as established in the Agreement.

Non-compliance with safety, health, or fire requirements may result in cessation of work activities, until items in non-compliance are corrected. It is also expressly acknowledged, Agenda Packet Page 140 of 215
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understood, and agreed that no payment shall be due from City to Contractor under this Agreement at any time when, or for any Services performed when, Contractor is not in full compliance with this Section 10.

12.5 Contractor shall immediately report any injuries to the City site safety representative.

Additionally, the Contractor shall investigate and submit to the City site safety representative copies of all written accident reports, and coordinate with City if further investigation is requested.

12.6 Contractor shall take all reasonable steps and precautions to protect the health of their employees and other site personnel with regard to their Scope of Services. Contractor shall conduct occupational health monitoring and/or sampling to determine levels of exposure of its employees to hazardous or toxic substances or environmental conditions.

Copies of any sampling results will be forwarded to the City site safety representative upon request.

12.7 Contractor shall develop a plan to properly handle and dispose of all hazardous wastes they generate within the Scope of Services.

12.8 Contractor shall advise its employees and subcontractors that any employee, who jeopardizes his/her safety and health, or the safety and health of others, may be subject to actions including removal from Project.

12.9 Contractor shall, at the sole option of the City develop and provide to the City a Hazardous Material Spill Response Plan that includes provisions for spill containment and clean-up, emergency contact information including regulatory agencies and spill sampling and analysis procedures. Hazardous Materials to include diesel fuel used for trucks owned or leased by the Contractor.

Section 13. MISCELLANEOUS PROVISIONS.

13.1 Attorneys’ Fees. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

13.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Contra Costa or in the United States District Court for the Northern District of California.

13.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect.

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13.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

13.5 Contract Administration. This Agreement shall be administered by the City Manager or his designee, who shall act as the City’s representative. All correspondence shall be directed to or through the representative.

13.6 Notices.

Any written notice to Contractor shall be sent to:

Jane Allison
Heritage Pool Supply Group, Inc.

PO Box 71175
Charlotte, NC 28272-1175
Any written notice to City shall be sent to:

Beth Frazer
City of El Cerrito
7007 Moeser Lane
El Cerrito, CA 94530

13.7 Professional Seal. Where applicable in the determination of the City, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation.

13.8 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. All exhibits attached hereto are incorporated by reference herein.

13.9 Alternative Dispute Resolution. If any dispute arises between the Parties that cannot be settled after engaging in good faith negotiations, City and Contractor agree to resolve the dispute in accordance with the following:

Each Party will designate a senior management or executive level representative to negotiate the dispute. Through good faith negotiations, the representatives will attempt to resolve the dispute by any means within their authority. If dispute remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by mediation through a disinterested third person as mediator selected by both Parties. Mediation will begin within thirty (30) days of the selection of this disinterested third party, and will end fifteen (15) days after commencement. The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.

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The alternative dispute resolution process is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either Party initiating legal action.

This alternative dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code § 900, et. seq.

13.10 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

The Parties have executed this Agreement as of the date signed by the City.

CITY OF EL CERRITO CONTRACTOR
Date: Date:

Karen Pinkos, City Manager Jane Allison, Sr. Service Agreement Administrator Attest:

Holly Chartely
City Clerk
Approved as to Form:

Sky Woodruff
City Attorney
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EXHIBIT A

SCOPE OF SERVICES AND FEE SCHEDULE
Quarterly Scheduled Maintenance Scope of Services & Fee Schedule 2026 KSI Unscheduled Maintenance Labor Rates (NorCal) & Scope of Services City of El Cerrito Pool Chemicals Scope of Services & Fee Schedule Agenda Packet Page 144 of 215

AGENDA BILL
Agenda Item No. 8.A.

Date: August 18, 2026
To: El Cerrito City Council
From: Shannon Bassi, Human Resources Manager, City Manager's Office Subject: Adoption of Memorandum of Understandings between the City of El Cerrito and the El Cerrito Public Safety Management Association - Police Chief Unit and Fire Chief Unit

ACTION PROPOSED
Adopt a resolution approving agreements between the City of El Cerrito and the El Cerrito Public Safety Management Association - Police Chief Unit (PSMA - Police Chief Unit) and Fire Chief Unit (PSMA - Fire Chief Unit) modifying language on salaries and benefits and creating new Memorandums of Understanding, amending the City's salary schedule, and appropriating additional funds from the General Fund unassigned balance for FY 2026-27 in the amount of $71,643 for increased salary costs.

BACKGROUND/ANALYSIS
The City's Fire Chief and Police Chief classifications belong to the Public Safety Management Association (PSMA) bargaining group. On July 19, 2022, through Resolution 2022-59, the City Council approved a three-year agreement with PSMA - Fire Chief, making the current Memorandum of Understanding effective August 8, 2022 through June 30, 2025. On October 18, 2016, through Resolution 2016-78, the City Council approved a five-year agreement with PSMA - Police Chief. An amendment was approved on July 20, 2021, through Resolution 2021-42, which extended the agreement through June 30, 2025, and included salary modifications, concessions, and additional employee retirement contributions.

The City and PSMA have negotiated in good faith and the following is a summary of the agreement with the Public Safety Management Association for both the Fire Chief and Police Chief units:

Duration: Both agreements will be effective July 1, 2025 through June 30, 2030.

Salary:
• Eliminated the Control Point Salary System and established a clear bottom and top salary amounts to represent the salary grade range for the Fire Chief and Police Chief. This action is in alignment with the changes made to the Management and Confidential Resolution through Resolution 2025-37, approved by the City Council on June 4, 2025.
• Effective the first full pay period in each July 2025, July 2026, July 2027, July 2028, and July 2029, the Fire Chief and Police Chief shall receive a 3.0% salary increase, also known as a Cost of Living Adjustment (COLA).

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Agenda Item No. 8.A.
• The chart below represents the proposed salary grade range for both the Fire and Police Chief:

Monthly Bottom Step Monthly Top Step
July 2025 $18,752 $23,440
July 2026 $19,765 $24,706
July 2027 $20,832 $26,040
July 2028 $21,955 $27,444
July 2029 $23,145 $28,931
• Additional miscellaneous changes were agreed upon to clarify sections pertaining to Tuition Reimbursement, Vacation Cash-Out, Bereavement, Uniform Allowance payment, Birthday/Floating Holidays, Flexible Benefits Plan, and Auto Allowance.
• Effective the first full pay period at the start of the MOU, the Fire Chief's Education Incentive shall increase from 5.5% to 7.5% in recognition of his doctorate degree.

STRATEGIC PLAN CONSIDERATIONS
This action supports the City’s Strategic Plan Goal(s) of:
• High Performing Organization by ensuring the City maintains a strong financial position and a high-performing organization where employees feel a sense of inclusion and belonging.

ENVIRONMENTAL CONSIDERATIONS
This section is not applicable to this agenda item.

FINANCIAL CONSIDERATIONS
For the Police Chief, the total increase in cost for the contract is $7,946 for FY 2025-26, $18,001 for FY 2026-27, and $25,408 in FY 2027-28. For the Fire Chief, the total increase in cost for the contract is $17,989 for FY 2025-26, $27,707 for FY 2026-27, and $34,734 in FY 2027-28. Most of these costs were budgeted in the recently adopted budget for FY 2026-27, however staff is requesting additional appropriation authority from the General Fund unassigned balance for FY 2026-27 in the amount of $71,643.

This amount includes both the increased costs associated with FY 2026-27, as well as costs associated with FY 2025-26 due to the timing of approval of the new contract.

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Agenda Item No. 8.A.

The increased cost for FY 2028-29 and FY 2029-30 will be incorporated into the next Biennial Budget process and formally adopted annually by the City Council in 2028 and 2029.

There are no costs associated with the modification of the uniform allowance payment schedule, clarification of the Auto Allowance language, updates to the Tuition Reimbursement, Birthday and Floating Holiday language, or the update to the Flexible Benefits Plan language to reference the “lowest cost” plan.

LEGAL CONSIDERATIONS
The City Attorney has reviewed the resolution and MOU and found that legal considerations have been addressed.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution

2. Exhibit A to Resolution (Police Chief)

3. Exhibit B to Resolution (Fire Chief)

4. Exhibit C to Resolution (Salary Ranges 2025-2030)
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Agenda Item No. 8.A.

Attachment 1
RESOLUTION 2026-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO APPROVING

AGREEMENTS BETWEEN THE CITY OF EL CERRITO AND THE EL CERRITO PUBLIC SAFETY MANAGEMENT ASSOCIATION – POLICE CHIEF UNIT (PSMA – POLICE CHIEF UNIT) AND FIRE CHIEF UNIT (PSMA – FIRE CHIEF UNIT) MODIFYING

LANGUAGE ON SALARIES AND CREATING NEW MEMORANDUMS OF

UNDERSTANDING, AMENDING THE SALARY SCHEDULE, AND APPROVING APPROPRIATIONS OF FISCAL YEAR 2026-27 UNASSIGNED FUND BALANCE WHEREAS, the Meyers-Milias-Brown Act allows employee units within the City to represent themselves on matters concerning salaries, hours and working conditions; and WHEREAS, the Employer-Employee Relations Ordinance of the City of El Cerrito provides the methods and procedures for meeting and conferring in good faith; and WHEREAS, the City has recognized four bargaining units within the Public Safety Management Association as follows: Police Management, Police Chief, Battalion Chief, and Fire Chief.

WHEREAS, representatives of the City of El Cerrito and the El Cerrito Public Safety Association – Police Chief Unit and Fire Chief Unit have met and conferred in good faith; and
WHEREAS, the City of El Cerrito and the El Cerrito Public Safety Association – Police Chief Unit and Fire Chief Unit representatives have reached agreement regarding matters within the scope of representation, including wages, hours and other terms and conditions of employment; and
WHEREAS, upon approval of this agreement, the parties will finalize updated MOUs which incorporate all previous side letters between the City and El Cerrito Public Safety Association – Police Chief Unit and Fire Chief Unit.

NOW, THEREFORE, BE IT RESOLVED, that the El Cerrito City Council hereby adopts the Agreements, attached hereto and incorporated by reference as Exhibit A, between the City of El Cerrito and the El Cerrito Public Safety Association – Police Chief Unit, and Exhibit B, between the City of El Cerrito and the El Cerrito Public Safety Association – Fire Chief Unit, modifying salaries; directs the parties to finalize updated Memorandum of Understandings (MOUs); and directs the City Manager to execute the agreements.

BE IT FURTHER RESOLVED that the City Council approves the proposed salary grade ranges for the Police Chief and the Fire Chief for fiscal years 2025-26 through 2029-30 to incorporate changes to salaries, attached hereto as Exhibit C and incorporated herein.

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BE IT FURTHER RESOLVED that the City Council appropriates $71,643 from the General Fund unassigned balance for FY 2026-27 for increased salary costs.

BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon passage and adoption.

I CERTIFY that at a regular meeting on August 18, 2026 the City Council of the City of El Cerrito passed this Resolution by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on .
________________________
Holly M. Charléty, City Clerk
APPROVED:
________________________
Gabe Quinto, Mayor
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Exhibit A

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF EL CERRITO
AND

THE EL CERRITO

PUBLIC SAFETY MANAGEMENT ASSOCIATION

POLICE CHIEF
October 18July 1, 201625 to June 30, 203025
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2 MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF EL CERRITO
AND

PUBLIC SAFETY MANAGEMENT ASSOCIATION - POLICE CHIEF
This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Section 3500 et seq). The parties to this Memorandum of Understanding are the City of El Cerrito, State of California, which hereinafter shall be referred to as "City," and the El Cerrito Public Safety Management Association - Police Chief, which hereinafter shall be referred to as "Police Chief." The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employee represented by the Police Chief and have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment, conditions and employee relations of such employee.

This Memorandum of Understanding shall be presented to the City Council as a joint recommendation of the undersigned for salary, fringe benefits and other working conditions and shall be in full force and effect at such date as herein prescribed, upon ratification by both the City Council and affected member of the Public Safety Management Association - Police Chief. It is expressly understood and agreed to by the parties that this Memorandum of Understanding will automatically terminate and be ofno further legal force or effect if Paul Keith ceases to be the Police Chief for the City of El Cerrito.

City of El Cerrito Public Safety Management AssociationPolice Chief _____________________________ ____________________________________ Signature Date Signature Date
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3 MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF EL CERRITO AND
PUBLIC SAFETY MANAGEMENT ASSOCIATION – POLICE CHIEF
This Agreement is entered into by and between, the City of El Cerrito, hereinafter referred to as the “City,” and the El Cerrito Public Safety Management Association – Police Chief, hereinafter referred as the “Police Chief.” This Agreement establishes the salaries, benefits, and conditions of employment for the City’s public safety management employee– Police Chief as follows:

CHAPTER 1- MANAGEMENT EMPLOYEE

1.1 The Police Chief is an at-will employee who serves at the discretion of the City Manager.

Pursuant to Section 3.10.020 of the El Cerrito Municipal Code, the Police Chief is not entitled to any of the rights or protections of the City’s civil service system. In the event that the Police Chief is removed from his position as Police Chief, he may, at his discretion, return to his prior position as Police Captain in the El Cerrito Police Department, as permitted under El Cerrito Municipal Code §3.10.090 and any related rules or regulations. Should the Police Chief return to his prior position as Police Captain, he shall be credited with all service time with the City of El Cerrito and not suffer a loss of seniority and enjoy all benefits and compensation of a Police Captain. Reversionary rights will not apply in the case of termination based upon an independent finding of misconduct, made by the Civil Service Commission or a mutually agreed hearing officer.

The Police Chief shall be entitled to those rights contained in the Public Safety Officers Procedural Bill of Rights Act, and specifically to those rights contained in Government Code Section 3304(c). However, such rights shall not be deemed to create a property interest in the job of Police Chief or to make the job of Police Chief other than an at-will position with the City.

1.2 Management employee is, for purposes of this section, the individual actively involved in the following classification: Police Chief.

CHAPTER 2- SALARIES AND BENEFITS

2.1 Salary
A. Consistent with El Cerrito City Council Resolution 2014-22 for Management and Confidential Employees, a salary range of 25% above and below the control point of $15,511 shall be created within which the City Manager may approve salary adjustments of up to 10% per calendar year.

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4 B. A. Effective the first full pay period in July 2025, the salary of the Police Chief shall no longer be established by El Cerrito City Council Resolution 2014-22 for Management and Confidential Employees. The City shall establish a salary range with a Top Step and Bottom Step for the Police Chief classification. The Bottom Step shall be 25% below the Top Step of the salary range. The incumbent of the Police Chief classification may be placed anywhere within the established salary range. Effective the first full pay period after adoption by the City Council, the Police Chief shall receive a monthly salary of $15,344. Effective the first full pay period in July 2025, the Top Step of the salary range for the Police Chief classification shall be $23,440 a month.

C. Effective the first full pay period in July 201725, the Police Chief shall receive a monthly salary of $23,440. City will increase the salary for the Police Chief by the April to April San Francisco Area Consumer Price Index (CPI). This salary increase will be no less than 2.0% and no more than 4.0%.

D. Effective the first full pay period of July 202618, the City shall increase the salary for the Police Chief by 3.0%. survey similar cities as those surveyed by the El Cerrito Police Employees Association and establish a new control point for the Police Chief classification.

A.

E.B. Effective the first full pay period in July 2027, the City will increase the salary for the Police Chief by 3.0%. 19, the City will increase the salary for the Police Chief by the April to April San Francisco Area Consumer Price Index (CPI). This salary increase will be no less than

2.0% and no more than 4.0%.

F. Effective the first full pay period in July 2028, the City shall increase the salary for the Police Chief by 3.0%. 0, there shall be no salary increase for the Police Chief .

C.

D. Effective the first full pay period in July 20219, the City shall increase the salary for the Police Chief by 23.0%.

E. Effective the first full pay period in July 2026 the Top Step of the Police Chief’s salary range shall be $24,706.

F. Effective the first full pay period in July 2027, the Top Step of the Police Chief’s salary range shall be $26,040.

G. Effective the first full pay period in July 2028, the Top Step of the Police Chief’s salary range shall be $27,444.

H. Effective the first full pay period in July 2029, the2029, the Top Step of the Police Chief’s salary range shall be $28,931.

G. The chart below represents the established salary grade range for the Police Chief.

Monthly Bottom Step Monthly Top Step
July 2025 $18,752 $23,440
July 2026 $19,765 $24,706
July 2027 $20,832 $26,040
July 2028 $21,955 $27,444
July 2029 $23,145 $28,931
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5 I. The incumbent in the Police Chief classification may be eligible for merit increases with the approval of the City Manager, until their salary equals the Top Step of the Police Chief classification.

H. Effective the first full pay period in July 2022, the City will increase the salary for the Police Chief by the April to April San Francisco Area Consumer Price Index (CPI). This salary increase will be no less than 2.0% and no more than 4.0%.

I. Effective the first full pay period in July 2023, the City will increase the salary for the Police Chief by the April to April San Francisco Area Consumer Price Index (CPI). This salary increase will be no less than 2.0% and no more than 4.0%.

J. Effective the first full pay period in July 2024, the City will increase the salary for the Police Chief by the April to April San Francisco Area Consumer Price Index (CPI). This salary increase will be no less than 2.0% and no more than 4.0%.

2.2 Longevity
The City shall make longevity bonus payments to the Police Chief employed with the City as of the day of the payment as follows:

A. For employee with 10 years of service with the City but less than 20 years, the annual longevity bonus payment shall be six percent (6%) of the annual base rate of pay.

B. For employee with 20 or more years of service with the City, the annual longevity bonus payment shall be nine percent (9%) of the annual base rate of pay.

Longevity bonus payments shall be paid by separate check on the first payroll date in December.

Effective January 1, 2025, the City shall make the following biweekly longevity payment to the Police Chief:

A. For employees in this classification with ten (10) years of continuous full-time service with the Police Department but less than 20 years, the longevity payment shall be six percent (6%) of their monthly base rate of pay.

B. For employees in this classification with more than twenty (20) years of continuous full-time service with the Police Department, the longevity payment shall be nine percent (9%) of their monthly base rate of pay.

2.3 Uniform Allowance
The uniform allowance for the Police Chief is $1,000 per year. Uniform allowance shall be paid on the first payroll date in December, covering the calendar year beginning the prior January. Such payment shall be by check separate from the normal payroll check. If the Police Chief leaves City employment during the calendar year, the uniform allowance shall be prorated and paid only for months worked in that calendar year.

Effective the first full pay period in July 2025, the uniform allowance shall be paid bi-weekly on the normal biweekly payroll check. The amount of the biweekly uniform allowance shall be $38.47 per payroll.

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6 2.4 Auto Allowance
The City will supply an automobile to the Police Chief who, in the opinion of the City Manager, requires a City vehicle as an integral part of their work. The City shall be responsible for purchase, replacement, insurance, and maintenance of the automobile. The Police Chief may use the automobile in connection with the performance of the job duties, City business, and for professional growth and development. Additionally, the Police Chief may use the provided automobile for personal reasons due to the Police Chief’s on-call status.

Alternately, the City will provide a cash allowance of up to $350 per month in lieu of use of a City automobile.

2.5 Pension Plan Benefits and Reimbursement
The City’s contract with the California Public Employees Retirement System (CalPERS) provides the Police Chief with the 3% at Age 50 CalPERS plan. This plan includes the CalPERS single highest year option, service credit for unused sick leave, Pre-Retirement Optional Settlement 2 Death Benefit, 1959 Survivor Benefit Fourth Level, and Retired Death Benefit.

The 3% at age 50 CalPERS Plan has a 9.0% employee contribution. The Police Chief shall make an additional 3.0% contribution to CalPERS for a total employee contribution of 12.0%.

Effective the first full pay period in July 2021, the Police Chief shall make an additional 2.0% contribution to CalPERS for a total employee contribution of 14.0%.

2.6 Flexible Benefits Plan
The City has a Flexible Benefits Plan which is consistent with Section 125 of the Internal Revenue Code. The plan is known as “Citiflex.” For the duration of this agreement, the plan provides the following:

A. With the exception of those employees who choose the “no medical plan” option, the City will contribute an amount equivalent to the lowest cost Kaiser medical plan rate according to dependent status, regardless of which medical plan is chosen. “According to dependent status” means that if an employee is single, the employee shall receive the equivalent to the Kaiser single premium in the employee’s flexible spending account. If an employee and a dependent are enrolled in a City medical plan, the employee shall receive the equivalent to the lowest cost Kaiser two-party premium in the employee’s flexible spending account. If an employee and more than one dependent are enrolled in a City medical plan, the employee shall receive the equivalent to the lowest cost Kaiser family premium in employee’s flexible spending account.

B. Employee may select one of the following medical plans within their individual Flexible Benefits Plan:
▪ Kaiser HMO
▪ Alternative HMO
C. In the event that the employee selects a medical plan which exceeds the City’s premium contribution, the employee is responsible to pay the difference through payroll deduction.

D. In the event that an employee has alternate comprehensive group medical coverage through a spouse’s medical plan or some other group medical plan (or legally registered domestic partner’s), the employee may select a “no medical plan” option. elect to receive “cash in-lieu” of medical coverage after they provide proof of such medical coverage to the Human Resources Department. (Proof of alternate coverage is required.) In this event, the Agenda Packet Page 155 of 215
7 City shall contribute the Sseven Hhundred and Nninety-three dollars and Eighteen Cents ($793.18) per month, equivalent to the lowest medical plan (Kaiser) single premium to their Flexible Benefit Plan and the employee may receive this amount in cash, in which case the amount is treated as taxable income, or as per the Citiflex handout, the employee may reallocate it toward the purchase of other benefits in the Plan, or a combination of both. The “cash in-lieu benefit amount shall be $350 per month for: a) Employees hired after December 31, 2020; or b) existing employees who discontinue the City’s medical coverage and opt for “cash in lieu” of medical coverage at a later date as long as they meet the requirements as described above.

E. The employee may contribute salary up to the IRS limits on a pretax basis in order to purchase the following benefits:
 Medical Premiums, Co-Payments, and Deductibles
 Dental Premiums, Co-Payments, and Deductibles
 Un-reimbursed Medical & Dental Expenses
 Dependent Care
Rules governing the allocation and distribution of such funds shall conform to applicable sections of State and Federal tax codes and the City of El Cerrito’s Flexible Benefits Plan.

F. The health benefit programs recognize the participation of domestic partners of eligible employees. Please refer to the City’s Citiflex document for details.

G. During the term of the contract, the City may establish a City-wide task force for the purpose of exploring alternate health plans, including PERS Health, for both active and retired employees. The City or the Public Safety Management Association- Police Chief agrees to re-open negotiations for the sole purpose of implementing alternative medical coverage.

2.7 Dental Plan
The City will pay the full cost of employee plus dependent coverage under the Delta Dental Plan.

2.8 Retirement Health Plan
Retirees, survivors of retirees and survivors of deceased employees, unless prohibited by the carrier, will be permitted to maintain the current level of health plan benefits available to employees. Retirees, survivors of retirees and survivors of deceased employees may maintain such health plans at their discretion and with no cost to the City.

2.9 Life Insurance
The City will provide a $100,000 term life insurance policy for the Police Chief.

2.10 Long-term Disability Insurance
The City shall provide the Police Chief with long-term disability insurance with coverage of two-thirds salary up to the maximum set by the Municipal Pooling Authority and a sixty-day elimination period. Like regular wages, this benefit is taxable.

2.11 Benefit Status
A. The salary and benefits contained within this Memorandum of Understanding are granted only to the Police Chief if he is in a current pay status. The City shall incur no cost, nor Agenda Packet Page 156 of 215
8 shall benefits accrue for retirees, survivors, or employees in a non-pay status, unless the employee is granted medical leave of absence or military leave of absence.

B. In the event the Police Chief is in a non-pay status because of a disputed workers’ compensation claim, benefits under this article shall be continued upon written agreement of the affected employee to repay to the City the amount of any premiums paid by the City during the non-pay status period if the employee's claim is denied by the Workers Compensation Appeals Board or withdrawn by the employee prior to a decision by the Board.

CHAPTER 3- HOLIDAYS

3.1 Holidays
The following holidays are recognized as municipal holidays for pay purposes:

New Year's Day Labor Day
Dr. M.L. King Jr. Birthday Veteran’s Day (3rd
Monday in January) Thanksgiving Day
President’s Day Day after Thanksgiving
(3rd Monday in February) Christmas Eve Day
Memorial Day Christmas Day
Juneteenth (June 19) ½ Day New Year’s Eve
Independence Day (July 4)
In the event that any of the aforementioned days falls on a Sunday, the following Monday shall be considered a holiday for pay purposes. In the event that any of the aforementioned days fall on a Saturday, the preceding Friday shall be considered a holiday for pay purposes.

The afternoon of New Year’s Eve, commencing at 12 noon, shall be considered a holiday for pay purposes. In the event New Year’s Eve fall on a Sunday or a Monday, the preceding Friday afternoon shall be considered a holiday for pay purposes. The City Manager may make changes in the above schedule in accordance with the needs of the City.

3.2 Birthday and Floating Holidays
In addition to the recognized municipal holidays, the Police Chief shall receive annually three (3) floating holidays, subject to the same requirements for scheduling vacation. Floating holidays must be taken during the fiscal year they are received and may not be carried over and accumulated.

Each floating holiday is equal to eight hours straight time. Floating holidays for the Police Chief must be taken during the fiscal year they are received and may not be carried over and accumulated. Employees hired during the fiscal year shall receive floating holiday credit in accordance with the following table:

Hire Date: Prorated Hours:

July 1 to September 30 24 hours
October 1 to December 31 16 hours
January 1 to March 31 8 hours
April 1 to June 30 0 hours
Floating shall be prorated (biweekly) for separated employees based on time worked within the fiscal year.

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9 The Police Chief is allowed an additional holiday on his birthday or another day at the convenience of the City.

3.3 Compensation for Municipal Holidays
A. If the Police Chief is on leave-of-absence without pay, he shall not receive any compensation for holidays occurring during such leave.

B. The Police Chief must be in a pay status on the workday preceding a holiday to be eligible to be compensated for the holiday.

CHAPTER 4- SICK LEAVE, WORKERS’ COMPENSATION, FAMILY SICK LEAVE, AND

OTHER LEAVES

4.1 Accrual of Sick Leave – Rate
Sick leave shall accrue at the rate of eleven (11) hours and twenty-five (25) minutes per calendar month worked, providing the Police Chief has worked or been on authorized leave with pay for at least ten working days in the month.

4.2 Sick Leave - Maximum Accrual
The maximum accumulation of sick leave is unlimited.

4.3 Activity During Sick Leave
No employee who is absent from work on sick leave shall engage in any work or other activity that would interfere with the employee’s ability to return to work to perform regular duties.

4.4 Sick Leave Retirement Benefit
Upon retirement from City service, the Police Chief shall be entitled to compensation for onefourth of the accumulated sick leave on the books at the time of such retirement, with a maximum payment equivalent to 200 hours pay. The sick leave payout may be converted to the Retirement Health Savings Account to pay for qualified health premiums. Actual sick leave remaining on the books will be reported to PERS in accordance with PERS regulations governing the sick leave credit contract option. In no case will unearned sick leave be reported for the purpose of increasing the member’s retirement as prohibited by PERS.

The date of disability retirement for the employee may be established or determined to be effective prior to the expiration of sick leave benefits.

4.5 On-the-Job Injury
The Police Chief is eligible for benefits (salary continuance) for time off work due to on-thejob injuries as specified in Labor Code Section 4850.

4.6 Accrued Sick Leave As Life Insurance
Upon the death of the represented employee, the value of the Police Chief’s accrued sick leave, calculated at the Chief’s hourly rate, shall be paid to the employee’s estate or designated beneficiary.

4.7 Family Sick Leave
Under Labor Code Section 233, employees may utilize accrued sick leave to care for an ill Agenda Packet Page 158 of 215
10 or injured child, spouse or parent. The City has extended this provision to include domestic partners and their dependent children. There is no requirement that the illness or injury reach the level of seriousness provided for under the Family and Medical Leave Acts. However, if the illness or injury qualifies under the Family and Medical Leave Act, it also satisfies the “family sick leave” criteria. The maximum “family sick leave” allowed each calendar year that is subject to this provision is one- half (1/2) of the employee’s annual accrual of sick leave.

Additional family sick leave may be taken subject to departmental regulations and approval of the City Manager.

4.8 Bereavement Leave
The Police Chief is entitled to time off with pay when there is a death or anticipated death in the immediate family. Bereavement leave shall not exceed five (5) consecutive workdays when death is anticipated. Bereavement leave after death shall not exceed that period of time between death and the day of the funeral, providing the funeral is held within five workdays following death. Additional time may be granted and charged as sick leave when, in the opinion of the City Manager, unusual circumstances identify the need for additional time off.

Immediate family is defined as spouse, domestic partner, child, parent, parent-in- law, sister, brother, sister-in-law, brother-in-law, grandparent, spouse's grandparent, grandchild, son-inlaw, daughter-in-law, aunt, uncle, or any other relative of the employee or employee's spouse residing in the same household, or who has resided with the employee in the same household for three or more years. In cases where death has occurred involving someone other than the immediate family, the City Manager shall make the decision as to qualification for bereavement leave.

4.9 Administrative Leave
The Police Chief shall receive administrative leave in recognition of extraordinary working hours and conditions. The City Manager will annually approve the number of leave hours by the individual employee based on the amount of overtime performed and the quality of work produced. The annual amount of time assigned shall not exceed eighty (80) hours. Unused administrative leave cannot be carried over from year to year or cashed out at year-end or upon separation.

4.10 Family and Medical Leave
Pursuant to State and Federal law, the City will provide family and medical care leave for eligible employees. The City Family Care and Medical Leave policy sets forth employees’ rights and obligations with respect to such leave. Rights and obligations which may not be specifically set forth in the City's policy are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 ("FMLA") and the regulations of the California State Pregnancy Disability Act and the California Fair Employment and Housing Commission implementing the California Family Rights Act ("CFRA") (Government Code Section 12945.2). Unless otherwise provided by the City's policy or this Memorandum of Understanding, "Leave" under this article shall mean leave pursuant to the FMLA.

CHAPTER 5 – VACATION

5.1 Eligibility
The Police Chief shall be eligible to take accrued vacation.

5.2 Scheduling
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11 The scheduling of annual vacation leave and the amount to be taken at any one time shall be determined by the Police Chief, subject to City Manager approval, in accordance with departmental regulations and with regard for the needs of the City and the preference of the employee.

5.3 Vacation at Termination
The Police Chief, who leaves the municipal service with accrued vacation leave, shall be paid the amount of accrued vacation to the date of termination. Payment for accrued vacation shall be at the Police Chief’s current rate of pay.

5.4 Effect of Extended Military Leave
A Police Chief who interrupts his/her City service because of extended military leave shall be compensated for accrued vacation at the time the leave becomes effective.

5.5 Sick Leave During Vacation
Vacation leave may be converted to sick leave subject to the review and approval of the City Manager, if the Police Chief is injured or sick during the vacation for a period in excess of 24 hours.

5.6 Vacation Cap
The vacation cap shall be two (2) times the employee’s annual vacation accrual rate.

Thereafter, at any time an employee reaches the maximum accrual, the employee will cease accruing vacation hours until such time as the balance falls below the cap. No employee will be allowed to accrue vacation hours above the cap, unless an employee has a work related injury and is on leave pursuant to Labor Code Section 4850.

5.7 Vacation Cash-Out
Employees may annually cash-out up to 16 days (128 hours) of vacation provided that they have taken a minimum of 16128 vacation days hours(or administrative leave) for management employees) in the previous fiscal year and maintain a vacation balance of 40.0 hours at the time of vacation cash out. Employees may elect to cash-out a maximum of two (2) times annually and each cash-out request must be a minimum of 8 days (64 hours). All irrevocable vacation cash-out requests must be in writing and submitted to Human Resources no later than December 15 of the calendar year before the calendar year in which the employee wishes to cash-out vacation leave. The notice shall indicate how many vacation leave hours the employee wishes to cash-out the following year. The amount requested cannot exceed the amount stated above. An employee can cash-out during the months of May and December. All requests must be in writing to the Human Resources Manager for initial review with final approval by the City Manager, or their designee.

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12 5.8 Accrual
Unless otherwise provided by the City Manager, vacation leave will be accrued from the first day of employment when a Police Chief is in a pay status and will be credited on a monthly basis. Municipal holidays shall not be counted during vacation. The schedule is listed below.

Vacation Benefit
Hrs. Earned/Year
Service Accrue during
1st year
Hrs. Earned/Year
(40-hour week)
88 2-3 96
4 104
5 112
6-7 120
8-9 128
10-11 136
12-13 144
14-15 152
16-17 160
18-19 168
19 168
20 176
21 184
22 192
23 200
24 208
25 216
26 224
27 232
28 240
29 248
30 256
31 264
32 272
33 280
34 288
Agenda Packet Page 161 of 215
13 CHAPTER 6- WORK SCHEDULE

6.1 Workweek
The workweek for the Police Chief is as required by the City. The normal workday is from 8:00 a.m. to 5:00 p.m.

CHAPTER 7- EDUCATION BENEFITS

7.1 Tuition Refund Plan
The Police Chief is eligible for educational cost reimbursement up to a maximum of $1,003,5000 per year for work-related studies at a recognized college, university, or professional school. Course content should relate to one of the following:

1. Knowledge or skills needed by the employee in his/her present job

2. Preparation for promotional opportunities or advancement in the same or different field within the City organization

3. The requirements of a program leading to a degree, at an approved institution, which enhances the employee's job knowledge or on-the-job skills Procedures for obtaining reimbursement and limitations regarding reimbursement may be found in the City of El Cerrito administrative procedure on educational expense reimbursement.

7.2 Education Incentive Program
Effective July the first full pay period in July 2021, the Police Chief shall receive a differential of five and one-half percent (5.5%) of base pay in recognition of completion of the requirements to obtain a master’s degree.

Effective the first full pay period in January 2022, the Police Chief shall receive a differential of six percent (6%) of base pay in recognition of completion of the requirements to obtain a master’s degree. This is due to the benefit language relationship set forth within the El Cerrito Police Employees’ Association MOU.

CHAPTER 8- MISCELLANEOUS POLICIES FOR THE POLICE CHIEF

8.1 Continuing Education
It is the policy of the City that each management employee, including the Police Chief, take part in some educational or training course each year, and the City Council will attempt to provide funds in each budget for such purpose.

8.2 Membership
It is the policy of the City to provide paid membership in approved professional associations for management employees, including the Police Chief. This policy shall include publications associated with membership and other educational materials as may be approved.

8.3 Conferences
It is the policy of the City that each management employee, including the Police Chief, attend (as a member) a professional conference of his or her peers each year at City expense; Agenda Packet Page 162 of 215
14 however, travel outside the state of California may be discouraged in the event of budgetary constraints.

8.4 Benefit Relationship to Rank and File
If new or deleted material benefits and/or cost sharing mechanisms are agreed to with the Police Employees’ Association or the Public Safety Management Association, they would apply to the Police Chief.

9.1 Term
CHAPTER 9
TERM
This Memorandum of Understanding shall be in full force and effect at such date as adopted by the City Council until June 30, 203025.

Agenda Packet Page 163 of 215
1 Exhibit B

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF EL CERRITO
AND

THE EL CERRITO PUBLIC SAFETY MANAGEMENT ASSOCIATION

FIRE CHIEF
August 8July 1, 20225 through June
30, 203025
Agenda Packet Page 164 of 215
2 This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Section 3500 et seq). The parties to this Memorandum of Understanding are the City of El Cerrito, State of California, which hereinafter shall be referred to as "City," and the El Cerrito Public Safety Management Association - Fire Chief, which hereinafter shall be referred to as "Association - Fire Chief." The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employee represented by the Association - Fire Chief and have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment, conditions and employee relations of such employee.

This Memorandum of Understanding shall be presented to the City Council as a joint recommendation of the undersigned for salary, fringe benefits, and other working conditions for the period beginning August 8July 1, 20225 and shall be in full force and effect at such date as herein prescribed, upon ratification by both the City Council and affected member of the Public Safety Management Association - Fire Chief. Unless sooner terminated, as provided in this Memorandum of Understanding, the terms and conditions of this agreement shall remain in force until adoption of a successor agreement. Any other term of this Memorandum of Understanding notwithstanding, either party may terminate this Memorandum of Understanding effective on or after June 30, 202530, with 30 days minimum written notice.

It is expressly understood and agreed to by the parties that this Memorandum of Understanding will automatically terminate and be of no further legal force or effect if Eric Saylors ceases to be the Fire Chief for the City of El Cerrito.

City of El Cerrito Public Safety Management AssociationFire Chief _____________________________ ____________________________________ Signature Date Signature Date

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF EL CERRITO AND

PUBLIC SAFETY MANAGEMENT ASSOCIATION - FIRE CHIEF
Agenda Packet Page 165 of 215
3 MEMORANDUM OF

UNDERSTANDING BETWEEN

THE CITY OF EL

CERRITO AND
PUBLIC SAFETY MANAGEMENT ASSOCIATION – FIRE CHIEF
This Agreement is entered into by and between the City of El Cerrito, hereinafter referred to as the “City,” and the El Cerrito Public Safety Management Association – Fire Chief Eric Saylors, hereinafter referred as the “Fire Chief.” This Agreement establishes the salaries, benefits, and conditions of employment for the City’s public safety management employee – Fire Chief Eric Saylors as follows:

CHAPTER 1- MANAGEMENT EMPLOYEE

1.1 Subject to the provisions of this agreement, The Fire Chief is an at-will employee who serves at the discretion of the City Manager. Pursuant to Section 3.10.020 of the El Cerrito Municipal Code, the Fire Chief is not entitled to any of the rights or protections of the City’s civil service system.

The Fire Chief shall be entitled to those rights contained in the Firefighters Procedural Bill of Rights Act, and specifically to those rights contained in Government Code Section 3254(c). However, such rights shall not be deemed to create a property interest in the job of Fire Chief or to make the job of Fire Chief other than an at-will position within the City.

1.2 Management employee is, for purposes of this section, the individual actively involved in the following classification: Fire Chief.

CHAPTER 2- SALARIES AND BENEFITS

2.1 Salary
A. Consistent with the Memorandum of Understanding for the Public Safety Management Association – Battalion Chief Unit, a salary range of 25% above and below the control point of $19,122 shall be created within which the City Manager may approve salary adjustments of up to 10% per calendar year.

B.A. Effective the first full pay period in July 2025, the salary of Fire Chief shall no longer be established by El Cerrito City Council Resolution 2014-22 for Management and Confidential Employees. The City shall establish a salary range with a Top Step and Bottom Step for the Fire Chief Classification. The bottom step shall be 25% below the Top Step of the salary range. The incumbent of the Fire Chief classification may be placed anywhere within the established salary range. Effective the first full pay period in July 2025 the Top Step of the Salary Range for the Fire Chief classification shall be $23,440 a month.Effective August 8, 2022, the Fire Chief will receive a monthly salary of $19,122.

C. Effective the first full pay period in July 2023, the City will increase the salary for the Fire Chief by the April to April San Francisco Area Consumer Price Index (CPI). This salary increase will be no less than 2.0% and no more than 4.0%.

Agenda Packet Page 166 of 215
4 A. Effective the first full pay period in July 2026, the City will increase the salary for the Fire Chief by 3.0%.

B. Effective the first full pay period July 2027, the City will increase the salary for the Fire Chief by 3.0%.

C. Effective the first full pay period in July 2028, the City will increase the salary for the Fire Chief by 3.0%.

D. Effective the first full pay period in July 2029, the City will increase the salary for the Fire Chief by 3.0%.

E. Effective the first full pay period in July 2026, the Top Step of the Fire Chief’s salary range shall be $24,706.

F. Effective the first full pay period in July 2027, the Top Step of the Fire Chief’s salary range shall be $26,040.

G. Effective the first full pay period in July 2028, the Top Step of the Fire Chief’s salary range shall be $27,444,
H. Effective the first full pay period in July 2029, the Top Step of the Fire Chief’s salary range shall be $28,931.

The chart below represents the established salary grade range for the Fire Chief.

Monthly Bottom Step Monthly Top Step
July 2025 $18,752 $23,440
July 2026 $19,765 $24,706
July 2027 $20,832 $26,040
July 2028 $21,955 $27,444
July 2029 $23,145 $28,931
I. The incumbent in the Fire Chief classification may be eligible for merit increases with the approval of the City Manager, until their salary equals the Top Step of the Fire Chief classification.

D. Effective the first full pay period in July 2024, the City will increase the salary for the Fire Chief by the April to April San Francisco Area Consumer Price Index (CPI). This salary increase will be no less than 2.0% and no more than 4.0%.

E. .

F.

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5 2.2 Uniform Allowance
The uniform allowance for the Fire Chief is $725 per fiscal year. Uniform allowance shall be paid on the first payroll date in December, covering the fiscal year beginning the prior July.

Such payment shall be by check, separate from the normal payroll check.

Effective the first full pay period in July 2025, the uniform allowance shall be paid bi-weekly on the normal biweekly payroll check. The amount of the biweekly uniform allowance shall be $27.89 per payroll.

2.3 Auto Allowance
The City will supply an automobile to the Fire Chief who, in the opinion of the City Manager, requires a City vehicle as an integral part of their work. The City shall be responsible for purchase, replacement, insurance, and maintenance of the automobile. The Fire Chief may use the automobile in connection with the performance of the job duties, City business, and for professional growth and development. Additionally, the Fire Chief may use the provided automobile for personal reasons due to the Fire Chief’s on-call status. Alternately, the City will provide a cash allowance of up to $350 per month in lieu of use of a City automobile.

2.4 Pension Plan Benefits and Reimbursement
The City’s contract with the California Public Employees Retirement System (CalPERS) provides the Fire Chief with the 3% at Age 50 CalPERS plan. This plan includes the CalPERS single highest year option, service credit for unused sick leave, Pre-Retirement Optional Settlement 2 Death Benefit, 1959 Survivor Benefit Fourth Level, and Retired Death Benefit.

The 3% at age 50 CalPERS Plan has a 9.0% employee contribution. The Fire Chief shall make an additional 5.0% contribution to CalPERS for a total employee contribution of 14.0%.

2.5 Flexible Benefits Plan
The City has a Flexible Benefits Plan which is consistent with Section 125 of the Internal Revenue Code. The plan is known as “Citiflex.” For the duration of this agreement, the plan provides the following:

A. With the exception of the employee who chooses the “no medical plan” option, the City will contribute an amount equivalent to the lowest cost (currently Kaiser) medical plan rate according to dependent status regardless of which medical plan is chosen. “According to dependent status” means that if an employee is single the employee shall receive the equivalent to the lowest cost (currently Kaiser) single premium in employee’s flexible spending account. If the employee and a dependent are enrolled in a City medical plan, the employee shall receive the equivalent to the lowest cost (currently Kaiser) two-party premium in employee’s flexible spending account. If the employee and more than one dependent are enrolled in a City medical plan, the employee shall receive the equivalent to the lowest cost (currently Kaiser) family premium in employee’s flexible spending account.

B. The employee may select one of the following medical plans within their individual Flexible Benefits Plan:
▪ HMO Kaiser (S)
Agenda Packet Page 168 of 215
6 ▪ Alternative HMO
C. In the event that the employee selects a medical plan which exceeds the City’s premium contribution, the employee is responsible to pay the difference through payroll deduction.

D. In the event that the employee has alternate comprehensive group medical coverage through a spouse’s medical plan or some other group medical plan (or legally registered domestic partner’s), the employee may select a “no medical plan” option. (Proof of alternate coverage is required.) In this event, the City shall contribute seven hundred and ninety-three dollars and eighteen cents ($793.18) per month the equivalent to the single Kaiser medical premium to their Flexible Benefit Plan and the employee may receive this amount in cash, in which case the amount is treated as taxable income, or as per the Citiflex handoutor the employee may reallocate it toward the purchase of other benefits in the Plan, or a combination of both. The “cash in-lieu benefit amount shall be $350 per month for: a) Employees hired after December 31, 2020; or b) existing employees who discontinue the City’s medical coverage and opt for “cash in lieu” of medical coverage at a later date as long as they meet the requirements as described above.

D.

E. The employee may contribute salary up to the IRS limits on a pretax basis in order to purchase the following benefits:
• Medical Premiums, Co-Payments, and Deductibles
• Dental Premiums, Co-Payments, and Deductibles
• Un-reimbursed Medical & Dental Expenses
• Dependent Care
Rules governing the allocation and distribution of such funds shall conform to applicable sections of State and Federal tax codes and the City of El Cerrito’s Flexible Benefits Plan.

F. The health benefit programs recognize the participation of domestic partners of the eligible employee. Please refer to the City’s Citiflex document for details.

G. During the term of the contract, the City may establish a City-wide task force for the purpose of exploring alternate health plans, including PERS Health, for both active and retired employees. The City or Fire Chief agrees to reopen negotiations for the sole purpose of implementing alternative medical coverage.

2.6 Dental Plan
Through the duration of this agreement the City will pay the full cost of employee plus dependent coverage under the Delta Dental Plan.

2.7 Retirement Health Plan
A. Retirees, survivors of retirees and survivors of deceased employees, unless prohibited by the carrier, will be permitted to maintain the current level of health plan benefits available to employees. Retirees, survivors of retirees and survivors of deceased employees may maintain such health plan benefits at their discretion and with no cost to the City.

Agenda Packet Page 169 of 215
7 B. Post-Employment Health Plan Retiree Medical:

The City shall contribute $300 per month for the member’s Post employment Health Plan account.

2.8 Life Insurance
The City will provide a term life insurance policy for the Fire Chief. The principal sum shall be equal to the annual salary rounded to the nearest $1,000 (up to a maximum of $100,000).

2.9 Long-term Disability Insurance
The City shall provide the Fire Chief with long-term disability insurance with coverage of two-thirds salary up to the maximum set by the Municipal Pooling Authority and a sixty-day elimination period. Like regular wages, this benefit is taxable.

2.10 Benefit Status
A. The salary and benefits contained within this Memorandum of Understanding are granted only to the Fire Chief if he is in a current pay status. The City shall incur no cost, nor shall benefits accrue for retirees, survivors, or employees in a non-pay status, unless the employee is granted medical leave of absence or military leave of absence.

B. In the event the Fire Chief is in a non-pay status because of a disputed workers’ compensation claim, benefits under this article shall be continued upon written agreement of the affected employee to repay to the City the amount of any premiums paid by the City during the non-pay status period if the employee's claim is denied by the Workers Compensation Appeals Board or withdrawn by the employee prior to a decision by the Board.

2.11 California Fire Service and Rescue Emergency Mutual Aid Consistent with the El Cerrito City Council Resolution 2015-28 for portal to portal overtime reimbursement for all personnel assigned to emergency incidents through the California Fire Assistance Agreement, the Fire Chief will be compensated portal to portal while in the course of their employment and away from their official duties and assigned to an emergency, in support of emergency incidents or prepositioned for emergency incidents.

The City will compensate the Fire Chief for any time worked outside of their regular eight (8) hour day. This compensation will be at the overtime rate of time and one-half (1-1/2).

CHAPTER 3- HOLIDAYS

3.1 Holidays
The following holidays are recognized as municipal holidays for pay purposes:

New Year's Day Labor Day
Dr. M.L. King Jr. Birthday Veteran’s Day
(3rd Monday in January) Thanksgiving Day
President’s Day Day after Thanksgiving
(3rd Monday in February) Christmas Eve Day
Memorial Day Christmas Day
Juneteenth (June 19) ½ Day New
Year’s Eve Independence Day (July 4)
Agenda Packet Page 170 of 215
8 In the event that any of the aforementioned days falls on a Sunday, the following Monday shall be considered a holiday for pay purposes. In the event that any of the aforementioned days fall on a Saturday, the preceding Friday shall be considered a holiday for pay purposes.

The afternoon of New Year’s Eve, commencing at 12 noon, shall be considered a holiday for pay purposes. In the event New Year’s Eve falls on a Sunday or a Monday, the preceding Friday afternoon shall be considered a holiday for pay purposes. The City Manager may make changes in the above schedule in accordance with the needs of the City.

3.2 Birthday and Floating Holidays
In addition to the recognized municipal holidays, the Fire Chief shall receive annually three (3) floating holidays, subject to the same requirements for scheduling vacation.

Floating holidays must be taken during the fiscal year they are received and may not be carried over and accumulated.

Each floating holiday is equal to eight hours straight time. Floating holidays for the Fire Chief must be taken during the fiscal year they are received and may not be carried over and accumulated. Employees hired during the fiscal year shall receive floating holiday credit in accordance with the following table:

Hire Date: Prorated Hours:

July 1 to September 30 24 hours
October 1 to December 31 16 hours
January 1 to March 31 8 hours
April 1 to June 30 0 hours
Floating Holidays shall be prorated (biweekly) for separated employees based on time worked within the fiscal year.

The Fire Chief is allowed an additional holiday on the birthday or another day at the convenience of the City.

3.3 Compensation for Municipal Holidays
A. If the Fire Chief is on leave-of-absence without pay, he shall not receive any compensation for holidays occurring during such leave.

B. The Fire Chief must be in a pay status on the workday preceding a holiday to be eligible to be compensated for the holiday.

CHAPTER 4- SICK LEAVE, WORKERS’ COMPENSATION, FAMILY SICK LEAVE, AND

OTHER LEAVES

4.1 Accrual of Sick Leave – Rate
Sick leave shall accrue at the rate of 11 hours and 25 minutes per calendar month worked, provided he has worked or been authorized leave with pay for at least ten working days in the month.

4.2 Sick Leave - Maximum Accrual
The maximum accumulation of sick leave is unlimited.

Agenda Packet Page 171 of 215
9 4.3 Activity During Sick Leave
No employee who is absent from work on sick leave shall engage in any work or other activity that would interfere with the employee’s ability to return to work to perform regular duties.

4.4 Sick Leave Retirement Benefit
Upon retirement from City service, the Fire Chief shall be entitled to compensation for onefourth of the accumulated sick leave on the books at the time of such retirement, with a maximum payment equivalent to 200 hours pay, at the employee’s option. Actual sick leave remaining on the books will be reported to PERS in accordance with PERS regulations governing the sick leave credit contract option. In no case will unearned sick leave be reported for the purpose of increasing the member’s retirement as prohibited by PERS.

The date of disability retirement for the employee may be established or determined to be effective prior to the expiration of sick leave benefits.

4.5 On-the-Job Injury
The Fire Chief is eligible for benefits (salary continuance) for time off work due to on-thejob injuries as specified in Labor Code Section 4850.

4.6 Unused Sick Leave Upon Death
The value of accrued sick leave shall be paid (based upon the current hourly rate) to the surviving spouse or designated beneficiary upon the death of the Fire Chief.

4.7 Family Sick Leave
Under Labor Code Section 233, employees may utilize accrued sick leave to care for an ill or injured child, spouse or parent. The City has extended this provision to include domestic partners and their dependent children. There is no requirement that the illness or injury reach the level of seriousness provided for under the Family and Medical Leave Acts. However, if the illness or injury qualifies under the Family and Medical Leave Act, it also satisfies the “family sick leave” criteria. The maximum “family sick leave” allowed each calendar year that is subject to this provision is one-half (1/2) of the employee’s annual accrual of sick leave. Additional family sick leave may be taken subject to departmental regulations and approval of the City Manager.

4.8 Bereavement Leave
The Fire Chief is entitled to time off with pay when there is a death or anticipated death in the immediate family. Bereavement leave shall not exceed five (5) consecutive workdays when death is anticipated. Bereavement leave after death shall not exceed that period of time between death and the day of the funeral, providing the funeral is held within five workdays following death. Additional time may be granted and charged as sick leave when, in the opinion of the City Manager, unusual circumstances identify the need for additional time off.

Immediate family is defined as spouse, domestic partner, child, parent, parent-inlaw, sister, brother, sister-in-law, brother-in-law, grandparent, spouse's grandparent, grandchild, son-in-law, daughter-in-law, aunt, uncle, or any other relative of the employee or employee's spouse residing in the same household, or who has resided with the employee in the same household for three or more years. In cases where death has
Agenda Packet Page 172 of 215
10 occurred involving someone other than the immediate family, the City Manager shall make the decision as to qualification for bereavement leave.

4.9 Administrative Leave
The Fire Chief shall receive administrative leave in recognition of extraordinary working hours and conditions. The City Manager will annually approve the number of leave hours by the individual employee based on the amount of overtime performed and the quality of work produced. The annual amount of time assigned shall not exceed eighty (80) hours. Unused administrative leave cannot be carried over from year to year or cashed out at year-end or upon separation.

4.10 Family and Medical Leave
Pursuant to State and Federal law, the City will provide family and medical care leave for eligible employees. The City Family Care and Medical Leave policy sets forth employees’ rights and obligations with respect to such leave. Rights and obligations which may not be specifically set forth in the City's policy are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 ("FMLA") and the regulations of the California State
Pregnancy Disability Act and the California Fair Employment and Housing Commission implementing the California Family Rights Act ("CFRA") (Government Code Section 12945.2). Unless otherwise provided by the City's policy or this Memorandum of Understanding, "Leave" under this article shall mean leave pursuant to the FMLA.

CHAPTER 5- VACATION

5.1 Eligibility
The Fire Chief shall be eligible to take a paid vacation, unless otherwise provided by the City Manager.

5.2 Scheduling
The scheduling of annual vacation leave and the amount to be taken at any one time shall be determined by the Fire Chief, subject to City Manager approval, in accordance with departmental regulations and with regard for the needs of the City and the preference of the employee.

5.3 Vacation at Termination
The Fire Chief, who leaves the municipal service with accrued vacation leave, shall be paid the amount of accrued vacation to the date of termination. Payment for accrued vacation shall be at the Fire Chief’s current rate of pay.

5.4 Effect of Extended Military Leave
A Fire Chief who interrupts his/her City service because of extended military leave shall be compensated for accrued vacation at the time the leave becomes effective.

5.5 Sick Leave During Vacation
Vacation leave may be converted to sick leave subject to the review and approval of the City Manager, if the Fire Chief is injured or sick during the vacation for a period in excess of 24 hours.

5.6 Vacation Cap and Implementation
A. Vacation Cap
The vacation cap shall be two (2) times the employee’s annual vacation accrual rate.

Agenda Packet Page 173 of 215
11 Thereafter, at any time an employee reaches the maximum accrual, the employee will cease accruing vacation hours until such time as the balance falls below the cap. No employee will be allowed to accrue vacation hours above the cap, unless an employee has a worked related injury and is on 4850.

B. Implementation
Vacation hours in excess of two (2) times the annual accrual rate, the excess hours will be placed in a separate vacation bank.

5.7 Separate Vacation Bank
Any accrued vacation in excess of two (2) times the annual vacation accrual rate will be placed in a separate Vacation Bank. This will be a single, one time process. Employee shall be entitled to use or sell the hours in the Bank for vacation in the same manner as regular vacation hours. The hours shall be paid out at the employee’s current rate of pay.

5.85.7Vacation Cash-Out
Employees may annually cash-out up to 16 days (128 hours) of vacation provided that they have taken a minimum of 16 128 vacation days hours (or administrative leave) for management employees) in the previous fiscal year and maintain a vacation balance of 40.0 hours at the time of vacation cash out. Employees may elect to cash-out a maximum of two (2) times annually and each cash-out request must be a minimum of 8 days (64 hours).

Employees must reduce their separate vacation bank first when cashing out vacation. All irrevocable vacation cash-out requests must be in writing and submitted to Human Resources no later than December 15 of the calendar year before the calendar year in which the employee wishes to cash-out vacation leave. The notice shall indicate how many vacation leave hours the employee wishes to cash-out the following year. The amount requested cannot exceed the amount stated above. An employee can cash-out during the months of May and December. All requests must be in writing to the Human Resources Manager for initial review with final approval by the City Manager or their designee.

If an employee wants to request an irrevocable vacation cash-out, they must provide written notice to the Human Resources Manager, or designee, no later than July 1 of the fiscal year before the fiscal year in which the employee wishes to cash-out vacation leave. The amount requested cannot exceed the amount stated above. An employee can cash-out during the months of May and December. The notice shall indicate how many vacation leave hours the employee wishes to cash-out the following year.

5.95.8 Accrual
Unless otherwise provided by the City Manager, vacation leave will be accrued from the first day of employment when a Fire Chief is in a pay status and will be credited on a monthly basis.

Municipal holidays shall not be counted during vacation. The schedule is on the next page.

Vacation Benefit
Hrs. Earned/Year
Service
Accrue during 1st year
(40-hour week)
88 2-3 96
4 104
5 112
Agenda Packet Page 174 of 215
12 6-7 120
8-9 128
10-11 136
11 136
12-13 144
14-15 152
16-17 160
18-19 168
20 176
21 184
22 192
23 200
24 208
25 216
26 224
27 232
28 240
29 248
30 256
31 264
32 272
33 280
34 288
CHAPTER 6- WORK SCHEDULE

6.1 Workweek
The workweek for the Fire Chief is as required by the City. The normal work day is eight (8) hours per day. Alternate work schedules may require working different scheduled hours as determined per City operations.

CHAPTER 7- EDUCATION BENEFITS

7.1 Tuition Refund Plan
The Fire Chief is eligible for educational cost reimbursement up to a maximum of $1,0003,500 per fiscal year for work-related studies at a recognized college, university or professional school with the approval of the City Manager. Course content should relate to one of the following:

A. Knowledge or skills needed by the employee in his/her present job; B. Preparation for promotional opportunities or advancement in the same or different field within the City organization.

C. The requirements of a program leading to a degree, at an approved institution, which enhances the employee's job knowledge or on-the-job skills.

Procedures for obtaining reimbursement and limitations regarding reimbursement may be Agenda Packet Page 175 of 215
13 found in the City of El Cerrito administrative procedure on educational expense reimbursement.

CHAPTER 8- MISCELLANEOUS POLICIES FOR THE FIRE CHIEF

8.1 Education Incentive Program
Effective July 1, 2025, the first full pay period after start date, the Fire Chief shall receive a differential of five seven and one-half percent (57.5%) of base pay in recognition of completion of the requirements to obtain a master’s doctorate degree.

8.2 Continuing Education
It is the policy of the City that management employees, including the Fire Chief, take part in some educational or training course each year, and the City Council will attempt to provide funds in each budget for such purpose.

8.3 Membership
It is the policy of the City to provide paid membership in approved professional associations for management employees, including the Fire Chief. This policy shall include publications associated with membership and other educational materials as may be approved.

8.4 Conferences
It is the policy of the City that each management employee, including the Fire Chief, attend (as a member) professional conferences of his or her peers each year at City expense, subject to any budgetary constraints. These conferences would include but are not limited to Cal Chiefs, California Special Districts Association, California Joint Powers Association and others to provide representation for the City and as approved by the City Manager.

8.5 Benefit Relationship to Rank and File
If new or deleted material benefits, that previously did not exist in the United Professional Firefighters Local 1230 MOU, the City will provide the new benefit and/or cost sharing mechanisms are agreed to with the Firefighters’ Association, they would apply to the Fire Chief.

8.6 Term
This Memorandum of Understanding shall be in full force and effect at such date as adopted by the City Council until June 30, 202530.

Agenda Packet Page 176 of 215

PUBLIC SAFETY MANAGEMENT ASSOCIATION (PSMA) (SWORN)
JOB CODE JOB CLASS BOTTOM1 CONTROL PT2 TOP3
952 FIRE CHIEF (3.8% EFFECTIVE 7/7/2024) 16,514 20,642 25,803 951 POLICE CHIEF (3.8% EFFECTIVE 7/7/2024) 15,265 19,082 23,852 NEW ESTABLISHED SALARY GRADE RANGE EFFECTIVE JULY 6, 2025 (Eliminating Control Point System )

JOB CODE JOB CLASS BOTTOM TOP
952 FIRE CHIEF 18,752 23,440
951 POLICE CHIEF 18,752 23,440

PUBLIC SAFETY MANAGEMENT ASSOCIATION (PSMA) (SWORN)

JOB CODE JOB CLASS BOTTOM TOP
952 FIRE CHIEF 19,765 24,706
951 POLICE CHIEF 19,765 24,706

PUBLIC SAFETY MANAGEMENT ASSOCIATION (PSMA) (SWORN)

JOB CODE JOB CLASS BOTTOM TOP
952 FIRE CHIEF 20,832 26,040
951 POLICE CHIEF 20,832 26,040

PUBLIC SAFETY MANAGEMENT ASSOCIATION (PSMA) (SWORN)

JOB CODE JOB CLASS BOTTOM TOP
952 FIRE CHIEF 21,955 27,444
951 POLICE CHIEF 21,955 27,444

PUBLIC SAFETY MANAGEMENT ASSOCIATION (PSMA) (SWORN)

JOB CODE JOB CLASS BOTTOM TOP
952 FIRE CHIEF 23,145 28,931
951 POLICE CHIEF 23,145 28,931
40 HRS/WEEK - 3% COLA EFFECTIVE 7/5/2026
40 HRS/WEEK - 3% COLA EFFECTIVE 7/4/2027
40 HRS/WEEK - 3% COLA EFFECTIVE 7/2/2028
40 HRS/WEEK - 3% COLA EFFECTIVE 7/1/2029
40 HRS/WEEK - CURRENT SALARY RANGES EFFECTIVE 7/7/2024
Exhibit C
Agenda Packet Page 177 of 215
CITY HALL 10890 San Pablo Avenue, El Cerrito, CA 94530
Telephone (510) 215-4305 Fax (510) 215-4379 http://www.elcerrito.gov

SUPPLEMENTAL AGENDA MATERIALS

CITY COUNCIL MEETING
August 18, 2026
REGULAR CITY COUNCIL MEETING (6:00 PM)
(rev. 8/19/2026)
Public Comments (Not on the Agenda and Consent Calendar) Additional public comments

Agenda Item No. 5.A. – Bay Area Rapid Transit (BART) Alternative Service Plan Presentation
Presentation
Agenda Item No. 6.F. – Authorization To Enter Into a General Services Agreement With Knorr Systems, Inc. for Swim Center Maintenance, OnCall Services, and Chemicals Revised draft agreement with exhibits
Agenda Packet Page 178 of 215
From: No Reply
To: City Clerk
Subject: Public Comment Submission
Date: Monday, August 17, 2026 10:21:41 PM
This sender is trusted.

Submitted by: Kate Isenberg
Email Address:

Commented on event: https://elcerritoca.portal.civicclerk.com/event/1203/overview If you are having trouble viewing the URL above, cut and paste the string into your browser window.

User comment: I would like to request greater enforcement of leash laws at public parks in our city. Off-leash dogs are a frequent occurrence on the main lawn at Cerrito Vista Park in the evening, between 5:30pm and 7pm. Many owners throw balls for their dogs over distances of 50-100 feet, or even hit golf balls to them, while dozens of small kids play nearby. Often such owners are on their cell phones, not monitoring their pet's movements. I want to walk my human-friendly, dog-averse senior dog in this park, on-leash, without meeting an off-leash dog, which could injure my pet (or me). I have often asked owners to leash their off-leash dogs in Cerrito Vista Park. Most ignore me or act as if I'm the one with the problem, when it's they who are breaking the law and endangering others. Today I was verbally assaulted for asking a man to leash his dog; he refused and cursed me out. This is unpleasant, unjust, illegal, and hazardous. I have called Animal Control and non-emergency dispatch several times, but to my knowledge no officer has ever followed up. So people break the law with impunity and mean-spiritedness. Can't we do better to enforce leash laws in our parks, so that those of us following the law can enjoy them in peace and safety?
Agenda Packet Page 179 of 215
From: No Reply
To: City Clerk
Subject: Public Comment Submission
Date: Tuesday, August 18, 2026 9:17:04 AM
This sender is trusted.

Submitted by: Rosemary Clark
Email Address:

Commented on event: https://elcerritoca.portal.civicclerk.com/event/1203/overview If you are having trouble viewing the URL above, cut and paste the string into your browser window.

User comment: As of this morning, the Flock camera nearest my house on Macdonald Ave is still up and appears potentially functional. Flock told the city that the cameras would be down by this date, yet I have heard that only a handful have actually been removed. If Flock cannot uphold even this most basic agreement, we cannot trust their word that the cameras are not recording, so I ask that the city protect residents' privacy and cover the remaining cameras with bags ASAP until the company complies with removal as they have promised. Since they have not complied with their end of the agreement I see no reason why the city should be sticklers about permission to touch the cameras. Thank you for your attention to this matter.

Agenda Packet Page 180 of 215
From: No Reply
To: City Clerk
Subject: Public Comment Submission
Date: Tuesday, August 18, 2026 6:20:29 PM
This sender is trusted.

Submitted by: Rahul Iyer
Email Address:

Commented on event: https://elcerritoca.portal.civicclerk.com/event/1203/overview If you are having trouble viewing the URL above, cut and paste the string into your browser window.

User comment: Mayor, Councilmembers, and fellow El Cerritans: The cancellation of the Flock camera contract and the work now underway to remove the cameras and their poles is something our entire community should be proud of. Residents saw a government surveillance system that raised serious questions about privacy, civil liberties, corporate power, and democratic accountability. They educated themselves, organized constructively, monitored what was happening, spoke publicly, and persisted. Groups such as FlockOut El Cerrito helped turn individual concern into effective civic action. Our city for its part, ultimately listened and responded. This isn't the case in every town across America. All people, all organizations including governments, can make bad decisions. Democracy is demonstrated by what happens when citizens challenge that decision. Digital surveillance may be new, but government-sponsored oppression often enabled and monetized by private corporations, is not.

El Cerrito has a proud history of residents organizing to defend their community, affirm human dignity, protect the vulnerable, and resist the idea that powerful institutions should determine our future without our participation. This episode belongs within that long tradition.

The work is not quite finished. Residents are continuing to monitor the removal process, and the City should confirm publicly when every camera and associated pole has been taken down and every obligation under the contract has ended. But real progress has been made because ordinary people refused to treat a government decision as irreversible. This work is also an answer to the cynicism that increasingly dominates our civic life. Community is not something we consume through angry posts, rumors, or endless arguments on Nextdoor. It is something we build. It means talking to our neighbors, attending meetings, learning the facts, organizing peacefully, and accepting responsibility for shaping the place where we live. Whatever one’s original opinion of the cameras, every El Cerritan should take pride in what happened here.

Residents organized. City government listened. Policy changed. That is citizen-driven government, and it is democracy working as it should.

Agenda Packet Page 181 of 215
2026: A Defining Year for BART
El Cerrito City Council August 18, 2026
Agenda Item No. 5.A.

Agenda Packet Page 182 of 215
2 San Francisco Bay Area Rapid Transit District
The New BART – Safer and Cleaner
New Fare Gates Systemwide
Make Riders Feel Safer
Focus on Presence Customer Satisfaction at 89%
Crime Fell 41% in 2025
Agenda Packet Page 183 of 215
3 San Francisco Bay Area Rapid Transit District
The New BART – Improvements for Our Riders
Improved LED LightingNew Ways to Pay through
Tap and Ride and Clipper START
Better Schedule Alignment
with Peer Operators
Agenda Packet Page 184 of 215
4 San Francisco Bay Area Rapid Transit District
BART in El Cerrito
• Nearly 7,000 BART trips end in El Cerrito on
the average weekday
• The El Cerrito Plaza TOD broke ground on 70
units of family affordable homes in November
• Larger project includes 743 units and a new
public plaza
• BART helped fund the recently completed El
Cerrito del Norte Complete Streets Project Rendering of the El Cerrito Plaza TOD now under construction
Agenda Packet Page 185 of 215
5 San Francisco Bay Area Rapid Transit District
• Sales tax measure in five counties: 0.5% in Alameda, Contra Costa, San Mateo and Santa Clara and 1% in San Francisco
• $980M in annual revenue will be used to:
• Prevent major service cuts on BART, Muni, AC Transit and Caltrain • Fund local transit and improvement projects in each county • Make transit more affordable, easier to navigate and accessible • Requires a two-phase financial efficiency review of BART, Muni, Caltrain, and AC Transit• Establishes an Independent Oversight Committee with appointees from each county November 2026 Regional Transit Measure
Agenda Packet Page 186 of 215
6 6 San Francisco Bay Area Rapid Transit District
• BART depended on fares to run service more than
almost any other transit agency
• Today, fare revenue is down $300-400M due to
remote work and post-pandemic travel patterns
• $1.2B operating budget, with $370M+ structural
deficit beginning in Fiscal Year 2027
• Ridership, fare revenue growth, and cost controls
are part of the solution, but other revenue is needed
BART’s Cost and Revenue Structure
Agenda Packet Page 187 of 215
7 San Francisco Bay Area Rapid Transit District
BART Operations are Efficient
• BART has one of the lowest operating
costs per passenger mile for peer transit agencies
• BART runs efficiently despite Bay Area
costs that are about 10% higher than other US cities served by heavy rail • BART operating costs are growing below
inflation and at the slowest rate of peer agencies
US Heavy Rail Operators Cost Per Passenger Mile (FY24)
Agenda Packet Page 188 of 215
8 San Francisco Bay Area Rapid Transit District
Transit Measure Accountability Requirement
• Financial Efficiency Review found that between FY20-FY25 BART achieved:
• $516M in operating cost savings - service reductions, workforce controls, and operational efficiencies.
• $549M in capital cost savings - project cost management, deferrals, investments to reduce future costs, and improved reimbursements • $99M in increased revenues through fare increases, new fare products, and parking leases
• The BART has adopted recommendations to further enhance revenue and reduce costs
Agenda Packet Page 189 of 215
9 San Francisco Bay Area Rapid Transit District
Stabilizing BART Operations
$-
$200 $400 $600 $800
$1,000 $1,200 $1,400 $1,600
FY26
Adopted
FY27
Adopted
FY28
Forecast
FY29
Forecast
FY30
Forecast
FY31
Forecast
BART 5-Year Operating Outlook
Financial Assistance Operating RevenuesEmergency Assistance Regional MeasureOperating Expense • FY27 Operating Budget maintains current
service levels and assumes passage of a regional transit measure • Makes $18 million in cuts with $7M in
department reductions/efficiencies and $11M from the elimination of 63 FTEs • If passed, the measure will provide BART ~$75M
in FY27 and ~$310M annually beginning in FY28
• BART is committed to closing remaining
operating shortfalls without service cuts
Agenda Packet Page 190 of 215
10 San Francisco Bay Area Rapid Transit District
Alternative Service Plan
If no additional revenue is secured, a combination of actions would be needed to close BART’s annual deficits of up to $375M:
• Cuts would begin in January 2027• Cumulative 70% reduction in service:
• 9pm closure• 3-line service with 30-minute train frequencies• Up to 15 station closures and/or 25% of system track miles beginning in July 2027 • Fare and parking increases of up to 50%
• Approximately 1,200 Layoffs• Reduction in system support services like police and cleaning Agenda Packet Page 191 of 215
11 San Francisco Bay Area Rapid Transit District
Recent Ridership Growth
• Back-to-back years of double-digit ridership growth• Fiscal Year 2026 ridership ended 13% higher than previous year • June saw the highest monthly weekday ridership at nearly 210,000• Starting July 20, BART began running longer trains during peak commute to reduce crowding Agenda Packet Page 192 of 215
12 San Francisco Bay Area Rapid Transit District
Barnali Ghosh District 3 [email protected] SymonsCommunity Relations [email protected](510) 464-6178Find us on Social:

X: @SFBART
IG: @SFbayarearapidtransit
@SFBARTable
TikTok: @SFBART
We Want To Hear From You
Agenda Packet Page 193 of 215
General Services Agreement between
CITY OF EL CERRITO and KNORR SYSTEMS Page 1 of 10

GENERAL SERVICES AGREEMENT BETWEEN

THE CITY OF EL CERRITO AND KNORR SYSTEMS
This agreement for General Services (“Agreement”) is entered into on July 1, 2026 (the “Effective Date”) between the CITY OF EL CERRITO, a municipal corporation, with offices located at 10890 San Pablo Avenue, El Cerrito, California (“City”) and Knorr Systems (“Contractor”) (together sometimes referred to as the “Parties”).

Section 1. SERVICES. In accordance with the terms and conditions set forth in this Agreement, Contractor agrees to perform all services described in the Scope of Services, attached as Exhibit A, which is incorporated herein (“Services”). In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.1 Term of Services. This Agreement shall begin on the Effective Date and shall end June 30, 2027, unless the term of the Agreement is otherwise terminated or modified, as provided for herein. The term of the agreement shall be extended for up to three (3) additional one (1) year terms with the extensions to commence upon the expiration of the initial term or any extended term unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any extended term of its intent to terminate the agreement at the conclusion of the initial term or any extension. Funding for services beyond June 30, 2027 will be included in future City budgets, but is subject to City Council approval of annual appropriations.

1.2 Standard of Performance. Contractor shall diligently perform all services required in connection with this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession.

1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services in connection with this Agreement.

1.4 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor. In the event of termination, Contractor shall be entitled to compensation for services satisfactorily completed as of the date of written notice of termination; City, however, may condition payment of such compensation upon Contractor delivering to City documents and records identified in Section 10.1 of this Agreement.

Section 2. COMPENSATION. City hereby agrees to pay Contractor for the Scope of Services, whether by fixed price, hourly rates subject to a fixed rate schedule, pursuant to the fee schedule attached as Exhibit A, which is incorporated herein. Total compensation for work performed under this Agreement, NOT TO EXCEED $105,000.00 in Fiscal Year 2026-27. Beginning July 1, 2027, upon request in writing by the Contractor, Contractor's compensation may be adjusted annually by an amount not to exceed the percentage increase in the prior twelve (12) month average of the Consumer Price Index (CPI), All Items, San Francisco-Oakland-Hayward Area (Series CUURS49BSAO or equivalent). If Contractor experiences documented increases in labor, materials, equipment, tariffs, supply chain costs, insurance, or other operating expenses that exceed the CPI adjustment, Contractor may request an additional adjustment. Any Agenda Packet Page 194 of 215
General Services Agreement between
CITY OF EL CERRITO and KNORR SYSTEMS Page 2 of 11
such request shall be submitted in writing with supporting documentation demonstrating the basis for the increase. The City may, in its sole discretion, approve an adjustment greater than the CPI-based increase; however, in no event shall the total annual adjustment, inclusive of the CPI base adjustment, exceed ten percent (10%) without approval by the City Council through a contract amendment. Contractor shall notify the City by May 1 of each year of the proposed adjustment for the following year. No adjustment shall take effect unless approved in writing by the City.

2.1 Invoices. Contractor shall submit invoices once a month, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Contractor shall have ninety (90) days after the completion of work to invoice City for all amounts due and outstanding under each governed by this Agreement. In the event, Contractor fails to invoice City for all amounts due within such ninety (90) day period, Contractor shall waive its right to collect payment from City.

2.2 Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred.

2.3 Reimbursable Expenses. No expenses, costs, or liabilities of Contractor shall be reimbursable unless the obligation and manner of reimbursement is expressly set forth in the scope of services and fee schedule (Exhibit A).

2.4 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

Section 3. CHANGES AND EXTRA SERVICES.

3.1 Provided that City gives reasonable advance notice to Contractor, City may propose in writing changes to Contractor’s work within the Scope of Services described. If Contractor is of the opinion that any proposed change causes an increase or decrease in the cost, or a change in the schedule for performance, of the services, Contractor shall notify City in writing of that fact within five (5) days after receipt of written proposal for changes.

Contractor may also initiate such notification, upon identifying a condition which may change the Scope of Services as agreed at the time of execution of this Agreement covering such Scope of Services. When and if City and Contractor reach agreement on any such proposed change and its effect on the cost and time for performance, they shall confirm such agreement in writing as an amendment to this Agreement. In the event the Parties cannot reach agreement as to the proposed change, at the City’s sole discretion, Contractor shall perform such work and will be paid for labor, materials, equipment rental, etc., actually used to perform the work.

3.2 City shall not be liable for payment of any changes under Section 3.1, nor shall Contractor be obligated to perform any such changes, except upon such written amendment or supplement; provided that if, upon City’s written request, Contractor begins work in accordance with a proposed change, City shall be liable to Contractor for the amounts due with respect to Contractor’s work pursuant to such change, unless and until City notifies Contractor to stop work on such change.

Agenda Packet Page 195 of 215
General Services Agreement between
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Section 4. PROJECT SITE. Contractor shall perform the Services in such a manner as to cause a minimum of interference with City’s operations and the operations of other contractors at each Project site and to protect all persons and property thereon from damage or injury. Upon completion of the Services at a Project site, Contractor shall leave such Project site clean and free of all tools, equipment, waste materials and rubbish. Each Project site may include all buildings, offices, and other locations where Services are to be performed, including any access roads. Contractor shall be solely responsible for the safe transportation and packing in proper containers and storage of any equipment required for performing the Services, whether owned, leased or rented. City will not be responsible for any such equipment which is lost, stolen or damaged or for any additional rental charges for such equipment. Equipment left or stored at a Project site, with or without permission, is at Contractor’s sole risk. City may assume that anything left on the work site an unreasonable length of time after said work is completed has been abandoned. Any transportation furnished by City shall be solely as an accommodation and City shall have no liability therefore. Contractor acknowledges and agrees that it shall assume the risk and is solely responsible for its use of any City owned equipment and property provided by City for the performance of Services. City shall have no liability to Contractor therefore. In addition, Contractor further acknowledges and agrees that it shall assume the risk and is solely responsible for its owned, non-owned and hired automobiles, trucks or other motorized vehicles as well as any equipment, tolls, or other property which is utilized by Contractor on each Project site.

Section 5. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below for the period covered by the Agreement.

5.1 Workers’ Compensation. If Contractor employs any person, Contractor shall maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor with limits of not less than One Million Dollars ($1,000,000.00) per accident.

5.2 Commercial General and Automobile Liability Insurance. Contractor shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. The City shall be named as an additional insured and insurance shall provide primary coverage with respect to the City by written endorsement to the policy.

5.3 General Liability/Umbrella Insurance. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated.

5.4 Professional Liability Insurance. (Required for all Licensed Contractors performing design work) Contractor shall maintain professional liability insurance for licensed professionals performing work in connection with this Agreement in an amount not less than One Million Dollars ($1,000,000.00) covering the licensed professionals’ errors and Agenda Packet Page 196 of 215
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omissions. Any deductible or self-insured retention shall not exceed Two Hundred FiftyThousand Dollars ($250,000.00) per claim.

5.5 All Policies Requirements.

5.5.1 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall, at the sole option of the City, provide City with (1) certified Certification of Insurance that demonstrates compliance with all applicable insurance provisions contained herein; and (2) upon request by the City, complete certified copies of all policies and/or complete certified copies of all endorsements that demonstrate compliance with this Section 5.

5.5.2 Notice of Reduction in or Cancellation of Coverage. A certified endorsement must be attached to all insurance obtained in accordance with this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.

5.6 Waiver of Subrogation. Contractor agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents, and subcontractors.

Section 6. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES.

6.1 To the fullest extent permitted by law, Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers (collectively, “Indemnities”) from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services contained in this Agreement, or its failure to comply with any applicable law or regulation, except such Liability caused by the sole negligence or willful misconduct of City.

The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City in writing. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first.

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With respect to third party claims against the Contractor, the Contractor waives any and all rights of any type to express or implied indemnity against the Indemnitees.

Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damage or claims for damages whether or not such insurance policies shall have been determined to apply.

6.2 PERS Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

6.3 Design Professionals. Notwithstanding Sections 6.1 and 6.2, to the extent that the services under this Agreement include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Contractor’s duty to indemnify shall only be to the maximum extent permitted by California Civil Code Section 2782.8.

6.4 Construction Contracts. Notwithstanding Sections 6.1 and 6.2, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be do so would be prohibited by California Civil Code Section 2782.

Section 7. STATUS OF CONTRACTOR. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Section 8. LEGAL REQUIREMENTS.

8.1 Governing Law. The laws of the State of California shall govern this Agreement.

8.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work in connection with this Agreement.

8.3 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.

8.4 Nondiscrimination and Equal Opportunity. In compliance with federal, state and local laws, Contractor shall not discriminate, on the basis of a person’s race, religion, color, Agenda Packet Page 198 of 215
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national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.

8.5 Work Requiring Payment of Prevailing Wages. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code must be paid to all workers engaged in performing the Work. Copies of such prevailing rate of per diem wages can be found at the following website: https://protect-us.mimecast.com/s/RKorBEh6zVmC7?domain=dir.ca.gov.

All contractors and subcontractors who bid or work on a public works project over amounts specified under California Labor Code Section 1725.5(f) must register and pay an annual fee to Department of Industrial Relations (DIR) pursuant to California Labor Code section 1725.5. Information regarding DIR registration can be found at the following website:
https://protect-us.mimecast.com/s/vlRgBQH298rik?domain=dir.ca.gov.

Contractor agrees, in accordance with Section 1771.1 of the California Labor Code, that contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Contractor agrees, in accordance with Section 1771.4 of the California Labor Code, this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Section 9. MODIFICATION.

9.1 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

9.2 Assignment. Contractor may not assign this Agreement or any interest therein without the prior written approval of the City.

9.3 Subcontracting. Contractor shall not subcontract any portion of the performance contemplated and provided for herein without prior written approval of the City. Where written approval is granted by the City, Contractor shall supervise all work subcontracted by Contractor in performing the Services; shall be responsible for all work performed by a subcontractor as if Contractor itself had performed such work; the subcontracting of any work to subcontractors shall not relieve Contractor from any of its obligations under this Agreement with respect to the Services; and Contractor is obligated to ensure that any and Agenda Packet Page 199 of 215
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all subcontractors performing any Services shall be fully insured in all respects and to the same extent as set forth under Section 5, to City’s satisfaction.

9.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.

9.5 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

9.5.1 Immediately terminate the Agreement;

9.5.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor in accordance with this Agreement;

9.5.3 Retain a different Contractor to complete the Services not finished by Contractor; or

9.5.4 Charge Contractor the difference between the costs to complete the work at the time of breach and the amount that City would have paid Contractor in accordance with Section 2 if Contractor had completed the Work.

Section 10. KEEPING AND STATUS OF RECORDS.

10.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the City.

10.2 Contractor’s Books and Records. Contractor shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement.

10.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the “Disclosing Party”) may disclose confidential, proprietary or trade secret information (the “Information”), to the other party (the “Receiving Party”). The Receiving Party shall hold the Disclosing Party’s Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Contractor understands that City is a public City and is subject to the laws that may compel it to disclose information about Contractor’s business.

Section 11. WARRANTY.

11.1 In addition to any and all warranties provided or implied by law or public policy, Contractor warrants that all Services (including but not limited to all equipment and materials supplied Agenda Packet Page 200 of 215
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in connection therewith) shall be free from defects in design and workmanship, and that Contractor shall perform all Services in accordance with all applicable engineering, construction and other codes and standards, and with the degree of high professional skill normally exercised by or expected from recognized professional firms engaged in the practice of supplying services of a nature similar to the Services in question. Contractor further warrants that, in addition to furnishing all tools, equipment and supplies customarily required for performance of work, Contractor shall furnish personnel with the training, experience and physical ability, as well as adequate supervision, required to perform the Services in accordance with the preceding standards and the other requirements of this Agreement. In addition to all other rights and remedies which City may have, City shall have the right to require, and Contractor shall be obligated at its own expense to perform, all further services which may be required to correct any deficiencies which result from Contractor’s failure to perform any Services in accordance with the standards required by this Agreement. Moreover, if, during the term of this Agreement (or during the one (1) year period following the term hereof), any equipment, goods or other materials or Services used or provided by Contractor under this Agreement fail due to defects in material and/or workmanship or other breach of this Agreement, Contractor shall, upon any reasonable notice from City, replace or repair the same to City's satisfaction. Unless otherwise expressly permitted, all materials and supplies to be used by Contractor in the performance of the Services shall be new and best of kind.

11.2 Contractor hereby assigns to City all additional warranties, extended warranties, or benefits like warranties, such as insurance, provided by or reasonably obtainable from suppliers of equipment and material used in the Services.

Section 12. HEALTH AND SAFETY PROGRAMS. The Contractor shall establish, maintain, and enforce safe work practices, and implement an accident/incident prevention program intended to ensure safe and healthful operations under their direction. The program shall include all requisite components of such a program under Federal, State and local regulations and shall comply with all City site programs.

12.1 Contractor will be responsible for acquiring job hazard assessments as necessary to safely perform all duties of each Project and provide a copy to City upon request.

12.2 Contractor will be responsible for providing all employee health and safety training and personal protective equipment in accordance with potential hazards that may be encountered in performance of Project and provide copies of the certified training records upon request by City. Contractor shall be responsible for proper maintenance and/or disposal of their personal protective equipment and material handling equipment.

12.3 Contractor is responsible for ensuring that its lower-tier subcontractors are aware of and will comply with the requirements set forth herein.

12.4 City, or their representatives, shall periodically monitor the safety performance of the Contractor working on the Project. All Contractors and their subcontractors shall be required to comply with the safety and health obligations as established in the Agreement.

Non-compliance with safety, health, or fire requirements may result in cessation of work activities, until items in non-compliance are corrected. It is also expressly acknowledged, Agenda Packet Page 201 of 215
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understood, and agreed that no payment shall be due from City to Contractor under this Agreement at any time when, or for any Services performed when, Contractor is not in full compliance with this Section 10.

12.5 Contractor shall immediately report any injuries to the City site safety representative.

Additionally, the Contractor shall investigate and submit to the City site safety representative copies of all written accident reports, and coordinate with City if further investigation is requested.

12.6 Contractor shall take all reasonable steps and precautions to protect the health of their employees and other site personnel with regard to their Scope of Services. Contractor shall conduct occupational health monitoring and/or sampling to determine levels of exposure of its employees to hazardous or toxic substances or environmental conditions.

Copies of any sampling results will be forwarded to the City site safety representative upon request.

12.7 Contractor shall develop a plan to properly handle and dispose of all hazardous wastes they generate within the Scope of Services.

12.8 Contractor shall advise its employees and subcontractors that any employee, who jeopardizes his/her safety and health, or the safety and health of others, may be subject to actions including removal from Project.

12.9 Contractor shall, at the sole option of the City develop and provide to the City a Hazardous Material Spill Response Plan that includes provisions for spill containment and clean-up, emergency contact information including regulatory agencies and spill sampling and analysis procedures. Hazardous Materials to include diesel fuel used for trucks owned or leased by the Contractor.

Section 13. MISCELLANEOUS PROVISIONS.

13.1 Attorneys’ Fees. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

13.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Contra Costa or in the United States District Court for the Northern District of California.

13.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect.

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13.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

13.5 Contract Administration. This Agreement shall be administered by the City Manager or his designee, who shall act as the City’s representative. All correspondence shall be directed to or through the representative.

13.6 Notices.

Any written notice to Contractor shall be sent to:

Jane Allison
Heritage Pool Supply Group, Inc.

PO Box 71175
Charlotte, NC 28272-1175
Any written notice to City shall be sent to:

Beth Frazer
City of El Cerrito
7007 Moeser Lane
El Cerrito, CA 94530

13.7 Professional Seal. Where applicable in the determination of the City, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation.

13.8 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. All exhibits attached hereto are incorporated by reference herein.

13.9 Alternative Dispute Resolution. If any dispute arises between the Parties that cannot be settled after engaging in good faith negotiations, City and Contractor agree to resolve the dispute in accordance with the following:

Each Party will designate a senior management or executive level representative to negotiate the dispute. Through good faith negotiations, the representatives will attempt to resolve the dispute by any means within their authority. If dispute remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by mediation through a disinterested third person as mediator selected by both Parties. Mediation will begin within thirty (30) days of the selection of this disinterested third party, and will end fifteen (15) days after commencement. The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.

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The alternative dispute resolution process is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either Party initiating legal action.

This alternative dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code § 900, et. seq.

13.10 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

The Parties have executed this Agreement as of the date signed by the City.

CITY OF EL CERRITO CONTRACTOR
Date: Date:

Karen Pinkos, City Manager Jane Allison, Sr. Service Agreement Administrator Attest:

Holly Chartely
City Clerk
Approved as to Form:

Sky Woodruff
City Attorney
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EXHIBIT A

SCOPE OF SERVICES AND FEE SCHEDULE
Quarterly Scheduled Maintenance Scope of Services & Fee Schedule 2026 KSI Unscheduled Maintenance Labor Rates (NorCal) & Scope of Services City of El Cerrito Pool Chemicals Scope of Services & Fee Schedule General Services Agreement between
CITY OF EL CERRITO and KNORR SYSTEMS – EXHIBIT A
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