PLEASE NOTE: HYBRID MEETING FORMAT
AMENDED AGENDA
-REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
-REGULAR MEETING OF THE RICHMOND CITY COUNCIL
Tuesday, June 6, 2023, 4:00 p.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
Members:
Eduardo Martinez, Mayor at Large
Melvin Willis, Councilmember District 1
Cesar Zepeda, Councilmember District 2
Doria Robinson, Councilmember District 3
Soheila Bana, Councilmember District 4
Gayle McLaughlin, Vice Mayor, District 5
Claudia Jimenez, Councilmember District 6
Jaycine Scott, Housing Authority Tenant Commissioner
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Pages
4 A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 4:00 p.m.
B. ROLL CALL
C. CLOSED SESSION
.
C.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) One Case•
C.2 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
• Property: 222 Marina Way (Nystrom Village)
Agency Negotiators: Nannette Beacham, Gabino Arredondo, Susan Bloch Negotiating Parties: McCormack Baron Salazar (MBS) and Richmond Neighborhood Housing Services (RNHS)
Under negotiation: Price and terms of payment
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
Two Cases•
C.4 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
Agency Representatives: Sharrone Taylor and Jack Hughes• Employee organizations:
SEIU Local 1021 Full Time Unit and Part Time
Unit
1. IFPTE Local 21 Mid-Level Management Unit and
Executive Management Units
2. Richmond Police Officers Association RPOA3.
Richmond Police Management Association
RPMA
4. IAFF Local 1885.
Richmond Fire Management Association RFMA6.
5 C.5 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Richmond Shoreline Alliance v. City of Richmond
• Winehaven v. City of Richmond
• Guidiville Rancheria of California, et al. v. United States of America, et al. • North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
D. PUBLIC COMMENT BEFORE CLOSED SESSION
E. ADJOURN TO CLOSED SESSION
________________________________________________________ 6 F. REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
6:25 p.m.
G. PLEDGE OF ALLEGIANCE
H. ROLL CALL
I. STATEMENT OF CONFLICT OF INTEREST
J. REPORT FROM THE EXECUTIVE DIRECTOR
K. AGENDA REVIEW
L. HOUSING AUTHORITY OPEN FORUM
M. HOUSING AUTHORITY CONSENT CALENDAR
M.1 Contract Reassignment from Vacant Property Security, LLS (VPS) to New Owner Door and Window Guard Systems, Inc. (DAWGS)
14 ADOPT a resolution assigning the Vacant Property Security, LLS (VPS) contract to Door and Window Guard Systems, Inc. (DAWGS), for a total contract amount of $69,525.48, with a term ending on July 1, 2024 – Richmond Housing Authority (Gabino Arredondo 510-620-6606).
M.2 Standing Purchase Order for Maintenance, Repair, and Unit Turnover Activities for Public Housing Sites
83 ADOPT a resolution authorizing a standing purchase order with HD Supply for an amount not to exceed $180,000, for maintenance, repairs, and unit turnover activities ending June 30, 2025 - Richmond Housing Authority (Gabino Arredondo 510-621-1300).
M.3 Amendment of Authorized Signatures on Richmond Housing Authority Mechanics Bank Depository and Checking Accounts
135
ADOPT a resolution removing the former City of Richmond Accounting Manager Delmy Cuellar, updating Nannette Beacham’s title to Director of Economic Development, and adding Interim Richmond Housing Authority Executive Director Gabino Arredondo, City of Richmond Deputy Director of Finance Mubeen Qader, Accounting Manager Jerry Chak, and Deputy City Manager Nickie Mastay as authorizing signatory on the Mechanics Bank depository and checking accounts - Richmond Housing Authority (Gabino Arredondo 510-621-1300).
N. ADJOURNMENT
_______________________________________________________ 7 O. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.
P. ROLL CALL
Q. STATEMENT OF CONFLICT OF INTEREST
R. AGENDA REVIEW
S. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING
CLOSED SESSION
T. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) T.1 Caltrans Bay Area Summer 2023 I-80 Paving Project Presentation 139 T.2 NEW EMPLOYEE REPORT - 1st Tuesday
U. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember) (public comments allowed under Open Forum)
V. ABATEMENT REPORT FROM THE PUBLIC WORKS DIRECTOR - 1st Tuesday (public comment allowed under Open Forum)
W. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
X. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
X.1 City Clerk's Office
X.1.a City Council Meeting Minutes 158
APPROVE the minutes of the Richmond City Council March 21, March 28, and May 2, 2023, regular meetings - City Clerk's Office (Pamela Christian 510-620-6513).
X.2 City Council
X.2.a Co-sponsor the El Sobrante Stroll 191
APPROVE co-sponsoring the annual El Sobrante Stroll by providing $2,000 for portable restrooms or procuring portable restrooms in the Richmond portion of the stroll, staffing for City booth and staging of public safety vehicles or equipment - Councilmember Soheila Bana (510-620-6473)
8 X.2.b Memorial Park Bench at Pt. Molate Beach Park 194 DIRECT staff to install a park bench at Pt. Molate Beach Park with a memorial plaque in honor of Pt. Molate sustainability advocate and former Richmond Planning Commissioner Carol Teltschick (1952- 2021) - Vice Mayor Gayle McLaughlin (510-620-6636).
X.2.c Resolution in support of AB 1465, Sponsored by Assembly Member Buffy Wicks
200
ADOPT a resolution in support of Assembly Bill 1465, sponsored by Assembly Member Buffy Wicks to triple fines for refinery violations - Councilmember Claudia Jimenez (510-620-6565)
X.3 Finance Department
X.3.a Tax Rate for Tax Override Pension Fund 205
INTRODUCE an ordinance (first reading) setting the tax rate for the Tax Override Pension Fund for Fiscal Year 2022-2023 at 0.14 percent – Finance Department (Mubeen Qader/ Antonio Banuelos 510-620-6741).
X.3.b Investment and Cash Balance Report and Monthly Overtime Reports for the Month of April 2023
209
RECEIVE the City’s Investment and Cash Balance Report and Monthly Overtime Reports for the month of April 2023 – Finance Department (Nickie Mastay/Mubeen Qader 510-412-2077).
X.3.c Auditing Services for the Port of Richmond 225
APPROVE a contract with GPP Analytics, Inc. to provide auditing services for the Port of Richmond, in an amount not to exceed $81,750, with a term beginning June 15, 2023, and ending December 31, 2023 – Finance Department/Port Division (Nickie Mastay 510- 620-6602/ Nannette Beacham 510-621-1306/ Mubeen Qadar 510- 412-2077/ Jerry Chak 510-620-6569).
X.3.d Approval of New Fees for a Revised Master Fee Schedule 378 ADOPT an ordinance (second reading) establishing certain fees for the proposed Master Fee Schedule - Finance Department (Mubeen Qader/Antonio Banuelos 510-620- 6741).
X.4 Human Resources
X.4.a Resolution Amending Staffing (Position Control) 488 ADOPT a resolution amending staffing (position control) to reallocate an existing position – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).
9 X.4.b Resolutions Adopting the IFPTE Local 21 Mid-Management Bargaining Unit’s Ratified Contract Amendment and Approving Implementation of the Segal Classification and Compensation Study 493
ADOPT a resolution approving the ratified contract amendment between the IFPTE Local 21 Mid-Management Bargaining Unit, providing for implementation of the Segal Classification and Compensation Study and a four percent base wage increase effective July 1, 2023, for IFPTE Local 21 Mid-Management Bargaining Unit; and ADOPT a resolution approving the associated salary schedule for the four percent base wage increase – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620- 6602).
X.5 Library and Community Services
X.5.a Contract with BiblioCommons for BiblioCore, an Improved Library Patron Catalog Interface and Discovery Layer
514
APPROVE the sole-source Library Services Master Agreement with BiblioCommons for BiblioCore software as a service (SaaS), for a term commencing June 1, 2023, and ending May 31, 2026, for a total not to exceed contract amount of $74,924.60 – Community Services Department (LaShonda White 510-620-6828/ Christopher Larsen 510-620-5524).
X.5.b ChargePoint Master Service and Subscription Agreement - Amendment 2
562
APPROVE a second amendment to the contract with ChargePoint, Inc. to increase the contract amount by $20,000, including a contingency of $4,388, for a total not-to-exceed amount of $54,970, to renew the network cloud service and warranty coverage for City- owned electric vehicle charging stations, and extend the agreement term to June 30, 2025 – Community Services Department (LaShonda White 510-620-6828/ Denee Evans 510-621-1718).
X.5.c Richmond Workforce Development Board Local Plan Program Year 21-24 Two-Year Modifications
610
APPROVE the submission of the Local Plan Program Year (PY) 21- 24 Two-Year Modifications for the Richmond Workforce Development to the California Workforce Development Board – Community Services Department (LaShonda White 510-620-6828/Tamara Walker 510-307-8006).
10 X.5.d Submission of the Local Area Subsequent Designation and Local Board Recertification Application for Program Years 2023-25 675
ACKNOWLEDGE the submission of the Local Area Subsequent Designation and Local Board Recertification Application for Program Year 2023-2025, signed by the Chair of the Richmond Workforce Development Board and the Mayor of the City of Richmond – Community Services Department (LaShonda White 510-620-6828/ Tamara Walker 510-307-8006).
X.5.e Global Parking Solutions Amendment 695
APPROVE a second contract amendment with Global Parking Solutions USA, LLC. in the amount of $6,000, for a total contract amount not to exceed $14,700, to continue providing pay station cloud services subscriptions and warranty coverage, with a term extending through June 30, 2025 – Community Services Department (LaShonda White 510-620-6828/ Denée Evans 510-621-1718).
X.6 Mayor's Office
X.6.a Commission on Aging Appointments 709
REAPPOINT Rose Brooks to the Commission on Aging, term
expires, May 19, 2027 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
X.6.b Updated List of 2023 Boards and Commissions Council Appointments
712
APPROVE the proposed list of 2023 Boards and Commissions Council liaisons, four ad hoc committees and Councilmembers to regional committees - Mayor’s Office (Mayor Eduardo Martinez 510- 620-6502)
X.6.c Community Police Review Commission Appointment 717 APPOINT Carole Johnson, Community Police Review Commission, Term Expires Nov 1, 2026 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6502)
X.6.d Richmond Arts and Culture Commission Appointment 720 APPOINT Arleide Da Silva Santos to the Richmond Arts and Culture Commission, Term Expires January 31, 2027 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503)
X.6.e Proclamation honoring and celebrating Juneteenth in the City of Richmond.
724
PROCLAMATION recognizing and honoring Juneteenth in the City of Richmond – Mayor Eduardo Martinez (510-620-6503),
Councilmembers Doria Robinson (510-620-6568), and Melvin Willis (510-412-2050).
11 X.6.f Proclamation honoring and celebrating Pride Month in the City of Richmond
728
PROCLAMATION recognizing June as LGBTQI+ Pride Month in the City of Richmond – Mayor Eduardo Martinez (510-620-6503) and Councilmember Cesar Zepeda (510-620-6593).
X.7 Public Works
X.7.a Contract Amendment #1 for DMR Builders for the Shimada Park Roof Replacement
732
APPROVE a first contract amendment with DMR Builders for the Shimada Park Restrooms roof reconstruction at Shimada Park Richmond Marina, in the amount of $22,667.25, to pay for project change order costs due to unforeseen roof decking damage, for a new total project amount not to exceed $247,667.25 – Public Works Department (Daniel Chavarria 510-620-5478/Robert Armijo 510-620- 5477).
Y. BUDGET SESSION
Y.1 ACKNOWLEDGE receipt of Fiscal Year 2023-24 Proposed Second Draft Budget and RECIEVE the draft General Fund Five-Year Forecast and CalPERS Update
977
RECEIVE an update on the draft FY 2023-2024 Annual Operating Budget and FY2023-2028 Five-Year Capital Improvement Plan Budget; and RECEIVE DIRECTION from City Council prior to final budget adoption – City Manager’s Office/Finance Department (Shasa Curl, 510-620-6512, Nickie Mastay, 510- 620-6609, Mubeen Qader, 510-412-2077).
Z. PUBLIC HEARINGS
Z.1 THIS ITEM HAS BEEN CONTINUED TO THE SEPTEMBER 26, 2023, CITY
COUNCIL MEETING
HOLD a public hearing on an appeal filed objecting to the Planning Commission’s conditional approval of a Vesting Tentative Map, Major Design Review, and Density Bonus waivers to certain development standards, including a consistency checklist under CEQA for a 94-unit townhome project on a site located on Brickyard Cove Road; and ADOPT a Resolution denying the appeal and affirming the Planning Commission’s action on the Brickyard Cove Residential Project - Community Development Department (Lina Velasco 510-620-6841).
AA. NEW BUSINESS
AA.1 Presentation from Richmond Police Department and Family Justice Center on Addressing Sex Trafficking
1058
RECEIVE a presentation from the Richmond Police Department, the Contra Costa County Human Trafficking Task Force, and the Family Justice Center on anti-sex trafficking efforts - Councilmember Soheila Bana (510-620-6743). This item was continued from the May 23, 2023, meeting.
12 AA.2 Offshore Wind Opportunities at the Port of Richmond 1071 RECEIVE a presentation on the Offshore Wind Industry and opportunities for the Port of Richmond - Mayor Eduardo Martinez (510-620-6503) and Councilmember Claudia Jimenez (510-620-6565).
AB. ADJOURNMENT
________________________
13
June 6, 2023
Richmond Housing Authority
Economic Development
DATE: June 6, 2023
TO: Chair Martinez and Members of the Richmond Housing
Authority Board of Commissioners
FROM:
Nannette Beacham, Director of Economic Development
Gabino Arredondo, Interim Richmond Housing Authority
Executive Director
Subject:
Contract Reassignment from Vacant Property Security,
LLS (VPS) to New Owner Door and Window Guard
Systems, Inc. (DAWGS)
FINANCIAL IMPACT: None. Existing VPS Purchase Order (PO) will be transferred to new DAWGS PO (PO# 23200379).
PREVIOUS COUNCIL
ACTION:
June 29, 2021
STATEMENT OF THE
ISSUE:
Vacant Property Security, LLS (VPS) security systems
are used to secure vacant units at Nystrom Village. VPS was recently purchased by Door and Window Guard
Systems, Inc. (DAWGS), and to continue service and
invoice payments, the contract needs to be reassigned
from VPS to DAWGS.
RECOMMENDED ACTION:
ADOPT a resolution assigning the Vacant Property
Security, LLS (VPS) contract to Door and Window Guard
Systems, Inc. (DAWGS), for a total contract amount of
$69,525.48, with a term ending on July 1, 2024 –
Richmond Housing Authority (Gabino Arredondo 620-
6606).
AGENDA
REPORT
14
June 6, 2023
DISCUSSION:
As Nystrom Village units become vacant, they are oftentimes vandalized, which is a source of concern from the surrounding neighborhood. These issues have been significantly mitigated by boarding windows and doors. To improve public safety conditions at Nystrom Village, a contract with Vacant Property Security, LLC (VPS) was executed to secure the properties. VPS specializes in securing vacant properties, including public housing sites. The VPS security systems have provided the needed security to the vacant units at Nystrom Village as the unit turnover process continues.
The VPS company has recently been purchased by Door and Window Guard Systems, Inc. (DAWGS). To continue using the services, and in order to pay invoices, the contract needs to be assigned to from VPS to DAWGS, the new owner of the business. The proposed resolution assigns the current VPS contract to DAWGS.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – New Assigned Contract to DAWGS
Attachment 3 – Past VPS Contracts
15 Reso. No. XXXX
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING
AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, APPROVING THE
ASSIGNMENT OF THE VACANT PROPERTY SECURITY, LLS (VPS) CONTRACT TO NEW OWNER DOOR AND WINDOW GUARD SYSTEMS, INC. (DAWGS). THE CONTRACT AMOUNT TO BE ASSIGNED IS $69,525.48 WITH A TERM ENDING ON JULY 1, 2024.
WHEREAS, the Richmond Housing Authority is the owner of the Nystrom Village Public Housing Development; and
WHEREAS, Nystrom Village has a growing number of vacancies and is subject to vandalism; and
WHEREAS, the vacant units present a blight concern, and pose a risk to life and safety; and
WHEREAS, vacant units at Nystrom Village have been secured by Vacant Property Security, LLC to board and protect the buildings; and
WHEREAS, the cost of removing the current coverings and resecuring the building would result in an unwarranted expense to the Richmond Housing Authority; and
WHEREAS, all the assets of Vacant Property Security, LLC have been sold to Door and Window Guard Systems, Inc. (the “Transaction”), on October 31, 2022.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE
HOUSING AUTHORITY OF THE CITY OF RICHMOND, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA THAT the Executive Director is hereby authorized to assign the Vacant Property Security, LLS (VPS) contract to new owner Door and Window Guard Systems, Inc. The contract amount to be assigned is $69,525.48 with a term ending on July 1, 2024.
BE IT FURTHER RESOLVED THAT the Executive Director is hereby authorized to take all actions necessary to implement this resolution.
*********************
(The Clerk’s Office will complete the information below)
The foregoing resolution was passed and adopted by the Commissioners of the Housing Authority of the City of Richmond at a special meeting thereof held on June 6, 2023, by the following vote:
AYES: None.
NOES: None.
ABSTENTIONS: None.
ABSENT: None.
Chairperson
[SEAL]
Attest:
16 Reso. No. XXXX
PAMELA CHRISTIAN
Secretary
Approved as to form:
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. XXXX finally passed and adopted at a Special Housing Authority Meeting held on June 6, 2023.
____________________________________
CLERK OF THE HOUSING AUTHORITY
17 18
19 20
21 22
23 24
25 26
27 28
29 30
SPECIAL CONDITIONS
1. Contractor shall provide the services set forth in the , which are attached hereto and incorporated herein by this reference.
2. In addition to the General Conditions set forth herein, Contractor shall comply with the terms and conditions set forth in the documents entitled "General Conditions for Non- Construction Contracts Section II" (HUD-5370-C), "Certifications and Representations of Offerors" (HUD-5369-C), "Certification Regarding Debarment and Suspension" (HUD- 2992), and "Equal Employment Opportunity Certification" (HUD-9201 0) which is attached hereto and incorporated herein by this reference. If there are any conflicts between the terms and conditions set forth in the General Conditions set forth herein and the terms and conditions set forth in the attached document, the terms and conditions set forth in the attached document shall take precedence and shall prevail.
3. Contractor shall provide the insurance coverage set forth in the document entitled "City of Richmond- Insurance Requirements- Type 1: "Consultant and Contractors" which is attached hereto and incorporated herein by this reference. Contractor shall maintain said coverage during the entire term of this contract. However, wherever the document refers to the "City of Richmond" or the "CITY", the Contractor shall substitute the words "Housing Authority of the City of Richmond" or "Authority".
31 SCOPE OF WORK
Contractor shall, to the satisfaction of the Authority's Executive Director, perform the following services:
Secure the Nystrom Village housing development against unauthorized entry.
1. VPS will secure all accessible openings.
2. Replace any "covers that are removed by vandals.
32 General Conditions for Non-ConstructionU.S. Department of Housing and Urban Contracts Development
Office of Public and Indian Housing
Section I – (With or without Maintenance Work)Office of Labor Relations OMB Approval No. 2577-0157 (exp. 1/31/2017)
Public Reporting Burden for this collection of information is estimated to average 0.08 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C. 20410-3600; and to the Office of Management and Budget, Paperwork Reduction Project (2577-0157), Washington, D.C. 20503. Do not send this completed form to either of these addressees.
Applicability. This form HUD-5370-C has 2 Sections. These Sections must be inserted into non-construction contracts as described below:
proposal submitted before final payment of the contract. (d) Failure to agree to any adjustment shall be a dispute under clause Disputes, herein. However, nothing in this clause shall excuse the Contractor from proceeding with the
1) Non-construction contracts (without maintenance) contract as changed. greater than $100,000 - use Section I; (e) No services for which an additional cost or fee will be 2) Maintenance contracts (including nonroutine charged by the Contractor shall be furnished without the prior written consent of the HA. maintenance as defined at 24 CFR 968.105) greater than $2,000 but not more than $100,000 - use Section II; and 3) Maintenance contracts (including nonroutine 3. Termination for Convenience and Default maintenance), greater than $100,000 – use Sections I
and II. (a) The HA may terminate this contract in whole, or from time to time in part, for the HA's convenience or the failure of the Contractor to fulfill the contract obligations (default). The HA shall terminate by delivering to the Contractor a written Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall: (i) immediately discontinue all services affected (unless the notice directs otherwise); and (ii) deliver to the HA all information, reports, papers, and other materials accumulated or generated in performing
Section I - Clauses for All Non-Construction Contracts greater than $100,000
1. Definitions
The following definitions are applicable to this contract:
(a) "Authority or Housing Authority (HA)" means the
Housing Authority. this contract, whether completed or in process. (b) "Contract" means the contract entered into between the (b) If the termination is for the convenience of the HA, the HA shall be liable only for payment for services rendered Authority and the Contractor. It includes the contract form, the Certifications and Representations, these contract
clauses, and the scope of work. It includes all formal
changes to any of those documents by addendum, Change
before the effective date of the termination.
(c) If the termination is due to the failure of the Contractor to Order, or other modification. fulfill its obligations under the contract (default), the HA may (i) require the Contractor to deliver to it, in the manner (c) "Contractor" means the person or other entity entering into the contract with the Authority to perform all of the work and to the extent directed by the HA, any work as required under the contract. described in subparagraph (a)(ii) above, and compensation be determined in accordance with the Changes clause,
paragraph 2, above; (ii) take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable for any additional cost incurred by the HA; (iii) withhold any payments to the Contractor, for the purpose of off-set or partial payment, as the case may
(d) "Day" means calendar days, unless otherwise stated. (e) "HUD" means the Secretary of Housing and Urban
development, his delegates, successors, and assigns, and the officers and employees of the United States
Department of Housing and Urban Development acting for
and on behalf of the Secretary. be, of amounts owed to the HA by the Contractor.
2. Changes (d) If, after termination for failure to fulfill contract obligations (a) The HA may at any time, by written order, and without (default), it is determined that the Contractor had not failed, the termination shall be deemed to have been effected for the convenience of the HA, and the Contractor shall been titled to payment as described in paragraph (b) above. notice to the sureties, if any, make changes within the general scope of this contract in the services to be
performed or supplies to be delivered. (e) Any disputes with regard to this clause are expressly made (b) If any such change causes an increase or decrease in the subject to the terms of clause titled Disputes herein. hourly rate, the not-to-exceed amount of the contract, or the time required for performance of any part of the work under this contract, whether or not changed by the order, or otherwise affects the conditions of this contract, the HA shall make an equitable adjustment in the not-to-exceed amount, the hourly rate, the delivery schedule, or other
4. Examination and Retention of Contractor's Records
(a) The HA, HUD, or Comptroller General of the United States, affected terms, and shall modify the contract accordingly. or any of their duly authorized representatives shall, until 3 years after final payment under this contract, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records
involving transactions related to this contract for the purpose of making audit, examination, excerpts, and
transcriptions.
(c) The Contractor must assert its right to an equitable adjustment under this clause within 30 days from the date of receipt of the written order. However, if the HA decides that the facts justify it, the HA may receive and act upon a Section I - Page 1 of 6 form HUD-5370-C (01/2014)
33 (b) The Contractor agrees to include in first-tier subcontracts under this contract a clause substantially the same as
paragraph (a) above. "Subcontract," as used in this clause, A breach of these Contract clauses may be grounds for
termination of the Contract and for debarment or denial of participation in HUD programs as a Contractor and a
subcontractor as provided in 24 CFR Part 24.
excludes purchase orders not exceeding $10,000.
(c) The periods of access and examination in paragraphs (a) and (b) above for records relating to:
(i) appeals under the clause titled Disputes;
(ii) litigation or settlement of claims arising from the
9. Assignment of Contract
performance of this contract; or, The Contractor shall not assign or transfer any interest in this contract; except that claims for monies due or to become due from the HA under the contract may be assigned to a bank, trust company, or other financial institution. If the Contractor is a partnership, this contract shall inure to the benefit of the surviving or remaining member(s) of such partnership approved by the HA.
(iii) costs and expenses of this contract to which the HA, HUD, or Comptroller General or any of their duly
authorized representatives has taken exception shall
continue until disposition of such appeals, litigation, claims, or exceptions.
5. Rights in Data (Ownership and Proprietary Interest)
10. Certificate and Release
The HA shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials and documents discovered or produced by Contractor pursuant to the terms of this Contract, including but not limited to reports, memoranda or letters concerning the research and reporting tasks of this Contract.
Prior to final payment under this contract, or prior to settlement upon termination of this contract, and as a condition precedent thereto, the Contractor shall execute and deliver to the HA a certificate and release, in a form acceptable to the HA, of all claims against the HA by the Contractor under and by virtue of this contract, other than such claims, if any, as may be specifically excepted by the Contractor in stated amounts set forth therein.
6. Energy Efficiency
The contractor shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163) for the State in which the work under this contract is performed.
11. Organizational Conflicts of Interest
(a) The Contractor warrants that to the best of its knowledge
7. Disputes
and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the nature of work under this
contract and a contractor's organizational, financial,
contractual or other interests are such that: (a) All disputes arising under or relating to this contract, except for disputes arising under clauses contained in Section III, Labor Standards Provisions, including any claims for
damages for the alleged breach there of which are not
disposed of by agreement, shall be resolved under this
(i) Award of the contract may result in an unfair
competitive advantage; or
(ii) The Contractor's objectivity in performing the contract clause.
work may be impaired.
(b) The Contractor agrees that if after award it discovers an organizational conflict of interest with respect to this contract or any task/delivery order under the contract, he or she shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or intends to take to eliminate or neutralize the conflict. The HA may, however, terminate the contract or task/delivery order for the
convenience of the HA if it would be in the best interest (b) All claims by the Contractor shall be made in writing and submitted to the HA. A claim by the HA against the
Contractor shall be subject to a written decision by the HA. (c) The HA shall, with reasonable promptness, but in no event in no more than 60 days, render a decision concerning any claim hereunder. Unless the Contractor, within 30 days after receipt of the HA's decision, shall notify the HA in writing that it takes exception to such decision, the decision
shall be final and conclusive. of the HA.
(d) Provided the Contractor has (i) given the notice within the (c) In the event the Contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the Contracting time stated in paragraph (c) above, and (ii) excepted its claim relating to such decision from the final release, and (iii) brought suit against the HA not later than one year after receipt of final payment, or if final payment has not been made, not later than one year after the Contractor has had a reasonable time to respond to a written request by the HA that it submit a final voucher and release, whichever is earlier, then the HA's decision shall not be final or
conclusive, but the dispute shall be determined on the
Officer, the HA may terminate the contract for default. (d) The terms of this clause shall be included in all
subcontracts and consulting agreements wherein the work to be performed is similar to the service provided by the prime Contractor. The Contractor shall include in such
subcontracts and consulting agreements any necessary
provisions to eliminate or neutralize conflicts of interest. merits by a court of competent jurisdiction.
(e) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the HA.
12. Inspection and Acceptance
(a) The HA has the right to review, require correction, if necessary, and accept the work products produced by the Contractor. Such review(s) shall be carried out within 30 days so as to not impede the work of the Contractor. Any 8. Contract Termination; Debarment Section I - Page 2 of 6 form HUD-5370-C (01/2014) 34
product of work shall be deemed accepted as submitted if the HA does not issue written comments and/or required
corrections within 30 days from the date of receipt of such "Local government" means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative
organization, and any other instrumentality of a local
product from the Contractor.
(b) The Contractor shall make any required corrections
promptly at no additional charge and return a revised copy of the product to the HA within 7 days of notification or a government. later date if extended by the HA. "Officer or employee of an agency" includes the following (c) Failure by the Contractor to proceed with reasonable individuals who are employed by an agency:
promptness to make necessary corrections shall be a
default. If the Contractor's submission of corrected work remains unacceptable, the HA may terminate this contract (or the task order involved) or reduce the contract price or cost to reflect the reduced value of services received. (i) An individual who is appointed to a position in the Government under title 5, U.S.C., including a position
under a temporary appointment;
(ii) A member of the uniformed services as defined in
section 202, title 18, U.S.C.;
(iii) A special Government employee as defined in section
13. Interest of Members of Congress 202, title 18, U.S.C.; and, No member of or delegate to the Congress of the United States of America or Resident Commissioner shall be admitted to any share or part of this contract or to any benefit to arise there from, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. (iv) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory
Committee Act, title 5, appendix 2.
“Person" means an individual, corporation, company,
association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or other Indian organization with respect to 14. Interest of Members, Officers, or Employees and Former Members, Officers, or Employees expenditures specifically permitted by other Federal law.
No member, officer, or employee of the HA, no member of the governing body of the locality in which the project is situated, no member of the governing body in which the HA was activated, and no other pubic official of such locality or localities who exercises any functions or responsibilities with respect to the "Recipient" includes all contractors, subcontractors at any tier, and subgrantees at any tier of the recipient of funds received in connection with a Federal contract, grant, loan, or cooperative agreement. The term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to
expenditures specifically permitted by other Federal law. project, shall, during his or her tenure, or for one year "Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal
contract, grant, loan, or cooperative agreement, an officer or employee who is employed by such person for at least 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract, grant, loan, or cooperative agreement. An officer or employee who is employed by such person for less than 130 working days within one year
immediately preceding the date of submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such thereafter, have any interest, direct or indirect, in this contract or the proceeds thereof.
15. Limitation on Payments to Influence Certain Federal Transactions
(a) Definitions. As used in this clause:
"Agency", as defined in 5 U.S.C. 552(f), includes Federal executive departments and agencies as well as independent regulatory commissions and Government corporations, as
defined in 31 U.S.C. 9101(1).
"Covered Federal Action" means any of the following person for 130 working days.
Federal actions: "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and a multi-State, regional, or interstate entity having governmental duties and powers.
(i) The awarding of any Federal contract;
(ii) The making of any Federal grant;
(iii) The making of any Federal loan;
(iv) The entering into of any cooperative agreement; and, (v) The extension, continuation, renewal, amendment, or (b) Prohibition. modification of any Federal contract, grant, loan, or (i) Section 1352 of title 31, U.S.C. provides in part that no cooperative agreement. appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative
agreement to pay any person for influencing or
attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member
of Congress in connection with any of the following
covered Federal actions: the awarding of any Federal
contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any
Covered Federal action does not include receiving from an agency a commitment providing for the United States to insure or guarantee a loan.
"Indian tribe" and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450B). Alaskan Natives are included under the definitions of Indian tribes in that Act. "Influencing or attempting to influence" means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered
Federal action.
cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of
any Federal contract, grant, loan, or cooperative
agreement.
(ii) The prohibition does not apply as follows:
Section I - Page 3 of 6 form HUD-5370-C (01/2014) 35
(1) Agency and legislative liaison by Own person requesting or receiving a covered Federal action or an extension,
continuation, renewal, amendment, or
modification of a covered Federal action
if the payment is for professional or
technical services rendered directly in
the preparation, submission, or
negotiation of any bid, proposal, or
application for that Federal action or for
meeting requirements imposed by or
pursuant to law as a condition for
receiving that Federal action. Persons
other than officers or employees of a
person requesting or receiving a
covered Federal action include
Employees.
(a) The prohibition on the use of appropriated
funds, in paragraph (i) of this section, does not
apply in the case of a payment of reasonable
compensation made to an officer or employee of
a person requesting or receiving a Federal
contract, grant, loan, or cooperative agreement, if
the payment is for agency and legislative
activities not directly related to a covered Federal
action.
(b) For purposes of paragraph (b)(i)(1)(a) of
this clause, providing any information specifically
requested by an agency or Congress is permitted
at any time.
(c) The following agency and legislative liaison
activities are permitted at any time only where
they are not related to a specific solicitation for
consultants and trade associations.
(b) For purposes of subdivision (b)(ii)(2)(a) of
any covered Federal action:
clause, "professional and technical services"
shall be limited to advice and analysis
directly applying any professional or (1) Discussing with an agency (including individual demonstrations) the qualities and
characteristics of the person's products or
services, conditions or terms of sale, and service
technical discipline.
(c) Requirements imposed by or pursuant to law
capabilities; and,
as a condition for receiving a covered
Federal award include those required by law
or regulation, or reasonably expected to be
required by law or regulation, and any other
requirements in the actual award
(2) Technical discussions and other
activities regarding the application or adaptation
of the person's products or services for an
agency's use. documents.
(d) The following agency and legislative liaison
activities are permitted where they are prior to
(d) Only those services expressly authorized by
subdivisions (b)(ii)(2)(a)(i) and (ii) of this
formal solicitation of any covered Federal action: section are permitted under this clause. (1) Providing any information not
specifically requested but necessary for an
agency to make an informed decision about
(iii) Selling activities by independent sales
representatives.
(c) The prohibition on the use of appropriated funds, in initiation of a covered Federal action; subparagraph (b)(i) of this clause, does not apply to the following selling activities before an agency by independent sales representatives, provided such activities are prior to formal solicitation by an agency and are specifically limited (2) Technical discussions regarding the
preparation of an unsolicited proposal prior to its
official submission; and
(3) Capability presentations by persons
seeking awards from an agency pursuant to the
provisions of the Small Business Act, as
amended by Public Law 95-507 and other
to the merits of the matter:
(i) Discussing with an agency (including individual
demonstration) the qualities and characteristics of the person's products or services, conditions or terms of
subsequent amendments. sale, and service capabilities; and (e) Only those activities expressly authorized
by subdivision (b)(ii)(1)(a) of this clause are
(ii) Technical discussions and other activities regarding the application or adaptation of the person's products
permitted under this clause. or services for an agency's use. (2) Professional and technical services. (d) Agreement. In accepting any contract, grant, cooperative agreement, or loan resulting from this solicitation, the person submitting the offer agrees not to make any
(a) The prohibition on the use of appropriated
funds, in subparagraph (b)(i) of this clause,
does not apply in the case of- payment prohibited by this clause. (i) A payment of reasonable compensation
made to an officer or employee of a
person requesting or receiving a
covered Federal action or an extension,
continuation, renewal, amendment, or
modification of a covered Federal
action, if payment is for professional or
technical services rendered directly in
the preparation, submission, or
negotiation of any bid, proposal, or
application for that Federal action or for
meeting requirements imposed by or
pursuant to law as a condition for
(e) Penalties. Any person who makes an expenditure
prohibited under paragraph (b) of this clause shall be
subject to civil penalties as provided for by 31 U.S.C. 1352.
An imposition of a civil penalty does not prevent the
Government from seeking any other remedy that may be
applicable.
(f) Cost Allowability. Nothing in this clause is to be interpreted receiving that Federal action.
to make allowable or reasonable any costs which would be unallowable or unreasonable in accordance with Part 31 of the Federal Acquisition Regulation (FAR), or OMB
Circulars dealing with cost allowability for recipients of assistance agreements. Conversely, costs made
specifically unallowable by the requirements in this clause will not be made allowable under any of the provisions of FAR Part 31 or the relevant OMB Circulars. (ii) Any reasonable payment to a person, other than an officer or employee of a
Section I - Page 4 of 6 form HUD-5370-C (01/2014) 36
16. Equal Employment Opportunity Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.
During the performance of this contract, the Contractor agrees as follows:
(a) The Contractor shall not discriminate against any employee or applicant for employment because of race, color,
religion, sex, or national origin. 17. Dissemination or Disclosure of Information (b) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color,
religion, sex, or national origin. Such action shall include, but not be limited to (1) employment; (2) upgrading; (3) demotion; (4) transfer; (5) recruitment or recruitment
advertising; (6) layoff or termination; (7) rates of pay or other forms of compensation; and (8) selection for training, No information or material shall be disseminated or disclosed to the general public, the news media, or any person or
organization without prior express written approval by the HA.
18. Contractor's Status
including apprenticeship.
It is understood that the Contractor is an independent contractor and is not to be considered an employee of the HA, or assume any right, privilege or duties of an employee, and shall save harmless the HA and its employees from claims suits, actions and costs of every description resulting from the Contractor's activities on behalf of the HA in connection with this Agreement. (c) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.
(d) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex,
19. Other Contractors
or national origin.
HA may undertake or award other contracts for additional work at or near the site(s) of the work under this contract. The contractor shall fully cooperate with the other contractors and with HA and HUD employees and shall carefully adapt
scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or HA employee. (e) The Contractor shall send, to each labor union or
representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer
advising the labor union or workers' representative of the Contractor's commitments under this clause, and post
copies of the notice in conspicuous places available to employees and applicants for employment.
(f) The Contractor shall comply with Executive Order 11246,20. Liens as amended, and the rules, regulations, and orders of the Secretary of Labor. The Contractor is prohibited from placing a lien on HA's property. This prohibition shall apply to all subcontractors.(g) The Contractor shall furnish all information and reports required by Executive Order 11246, as amended and by
rules, regulations, and orders of the Secretary of Labor, or pursuant thereto. The Contractor shall permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such
21. Training and Employment Opportunities for Residents in the Project Area (Section 3, HUD Act of 1968; 24 CFR 135) (a) The work to be performed under this contract is subject to the rules, regulations, and orders. requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of
(h) In the event of a determination that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part, and the
Contractor may be declared ineligible for further
Government contracts, or federally assisted construction contracts under the procedures authorized in Executive
Order 11246, as amended. In addition, sanctions may be
imposed and remedies invoked against the Contractor as
provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as HUD assistance for housing.
(b) The parties to this contract agree to comply with HUD's otherwise provided by law.
regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the (i) The Contractor shall include the terms and conditions of Part 135 regulations. this clause in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the
Secretary of Labor issued under Executive Order 11246,
as amended, so that these terms and conditions will be
binding upon each subcontractor or vendor. The
Contractor shall take such action with respect to any
subcontractor or purchase order as the Secretary of
Housing and Urban Development or the Secretary of Labor may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided that if the (c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of
Section I - Page 5 of 6 form HUD-5370-C (01/2014) 37
apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
(d) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.
(e) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR
Part 135.
(f) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
22. Procurement of Recovered Materials
(a) In accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, the Contractor shall procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of competition. The Contractor shall procure items designated in the EPA guidelines that contain the highest percentage of
recovered materials practicable unless the Contractor
determines that such items: (1) are not reasonably available in a reasonable period of time; (2) fail to meet reasonable
performance standards, which shall be determined on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item; or (3) are only available at an unreasonable price.
(b) Paragraph (a) of this clause shall apply to items purchased under this contract where: (1) the Contractor purchases in excess of $10,000 of the item under this contract; or (2) during the preceding Federal fiscal year, the Contractor: (i) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and (ii) purchased a total of in excess of $10,000 of the item both under and outside that contract.
Section I - Page 6 of 6 form HUD-5370-C (01/2014) 38
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June 6, 2023
Richmond Housing Authority
Economic Development
DATE: June 6, 2023
TO: Chair Martinez and Members of the Richmond Housing
Authority Board of Commissioners
FROM:
Nannette Beacham, Economic Development Director
Gabino Arredondo, Interim Richmond Housing Authority
Executive Director
Subject:
Standing Purchase Order for Maintenance, Repair, and
Unit Turnover Activities for Public Housing Sites
FINANCIAL IMPACT: The proposed expenditure will be funded from the RHA Operating Budget and Capital Fund (FY 22-23 $80,000,
FY 23-24 $50,000 FY 24-25 $50,000, 42141191-
400707).
PREVIOUS COUNCIL
ACTION:
July 27, 2021
STATEMENT OF THE
ISSUE:
The Richmond Housing Authority (RHA) is seeking
approval to establish a standing purchase order with HD Supply for maintenance, repair, and unit turnover
activities for RHA Public Housing sites.
RECOMMENDED ACTION:
ADOPT a resolution authorizing a standing purchase
order with HD Supply for an amount not to exceed
$180,000, for maintenance, repairs, and unit turnover
activities ending June 30, 2025 - Richmond Housing
Authority (Gabino Arredondo 510-621-1300).
AGENDA
REPORT
83
June 6, 2023
DISCUSSION:
The Richmond Housing Authority (RHA) is seeking approval of a purchase order to support the on-going maintenance and repair supplies for unit turnover activities at RHA public housing sites.
The HD Supply maintenance supplies have been bid by the Omnia (formerly US Communities) Piggybackable contract (Attachment 2). The RHA’s utilization of the Omnia (formerly US Communities) Piggybackable contract eliminates the cost associated with going out to bid and reduces the lead-time in obtaining the products.
The purchase order amounts with HD Supply are proposed for an amount not to exceed $180,000 over three fiscal years ending June 30, 2025.
DOCUMENTS ATTACHED:
Attachment 1 - Resolution
Attachment 2 - Omnia (formerly US Communities) Piggybackable contract Maricopa County
Attachment 3 - Cooperative Procurement Justification
84 Reso. No. ____
RESOLUTION NO. ____
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING
AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, AUTHORIZING THE
INTERIM EXECUTIVE DIRECTOR TO EXECUTE STANDING PURCHASE ORDERS WITH HD SUPPLY FOR AN AMOUNT NOT TO EXCEED $180,000, FOR MAINTENANCE, REPAIRS, AND UNIT TURNOVER ACTIVITIES ENDING JUNE 30, 2025
WHEREAS, Richmond Housing Atuhority (RHA) owns and manages 244 units of rental housing; and
WHEREAS, RHA entered into a Public Housing Authority Recovery and Sustainability (PHARS) agreement with the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, RHA remains obligated and committed to performing all HUD required functions, and providing quality service to local program participants; and WHEREAS, RHA has a need for the maintenance and repairs supplies to support daily maintenance and unit turnover activities at Public Housing sites.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE
HOUSING AUTHORITY OF THE CITY OF RICHMOND, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA THAT the Interim Executive Director is hereby authorized to execute standing purchase orders with HD Supply for an amount not to exceed $180,000, for maintenance, repairs, and unit turnover activities ending June 30, 2025.
BE IT FURTHER RESOLVED that the Interim Executive Director is hereby authorized to take
all actions necessary to implement this resolution.
*****************
The foregoing resolution was passed and adopted by the Commissioners of the Housing Authority of the City of Richmond at a special meeting thereof held on June 6, 2023, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Chairperson
[SEAL]
Attest:
Secretary
Approved as to form:
85 Reso. No. ____
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. _____ finally passed and adopted at a Special Housing Authority Meeting held on June 6, 2023.
____________________________________
CLERK OF THE HOUSING AUTHORITY
86 SERIAL 16154 RFP MAINTENANCE, REPAIR, OPERATING SUPPLIES, INDUSTRIAL SUPPLIES, AND RELATED PRODUCTS AND SERVICES (U.S.
Communities) Contract - HD Supply Facilities Maintenance LTD.
DATE OF LAST REVISION: November 21, 2019 CONTRACT END DATE: December 31, 2026
CONTRACT PERIOD THROUGH DECEMBER 31, 2021 2026
TO: All Departments
FROM: Office of Procurement Services
SUBJECT: Contract for MAINTENANCE, REPAIR, OPERATING SUPPLIES, INDUSTRIAL
SUPPLIES, AND RELATED PRODUCTS AND SERVICES
Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to Maricopa County activities as awarded by Maricopa County on January 11, 2017 (Eff. 02/01/17).
All purchases of products and/or services listed on t he attached pages of this letter are to be obtained from the vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts.
The contract period is indicated above.
SA/mm
Attach
Copy to: Office of Procurement Services
Erick Blue, Facilities Management
Beth Cressman, Facilities Management
87 CONTRACT PURSUANT TO RFP
SERIAL 16154-RFP
This Contract is entered into this 1 1th day of January, 2017 by and between Maricopa County (“County”), a political subdivision of the State of Arizona, and H D Supply Facilities Maintenance, Ltd., Florida Limited Partnership (“Contractor”) for the purchase of Maintenance Repair and Operating Supplies and Services.
1.0 CONTRACT TERM:
1.1 This Contract is for a term of Five (5 ) years, beginning on the 1 th day of Februa ry, 2017 and ending the 31st day of December, 2021 2026.
1.2 The County may, at its option and with the agreement of the Contractor, renew the term of this Contract for additional terms up to a maximum of five (5) additional years, (or at the County’s sole discretion, extend the contract on a month -to-month bases for a maximum of six (6) months after expiration). The County shall notify the Contractor in writing of its intent to extend the Contract term at least sixty (60) calendar days prior to the expiration of t he original contract term, or any additional term thereafter.
1.3 CONTRACT COMPLETION:
The Contractor shall make all reasonable efforts for an orderly transition of its duties and responsibilities to another pr ovider and/or to the County . This may include , but is not limited to preparation of a transition plan and cooperation with the County or other providers in the transition. The transition includes the transfer of all records, and other data in the possessio n, custody or control of Contractor required to be provided to the County either by the terms of this Contract or as a matter of law. The provisions of th is clause shall survive the expiration or termination of this Contract.
2.0 FEE ADJUSTMENTS:
2.1 Any request for a fee adjustment must be submitted sixty (60) days prior to the current Contract expiration. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. If County agrees to the adjusted fee, County shall i ssue written approval of the change. The reasonableness of the request will be determined by comparing the equest with the (Consumer Price Index) or by performing a market survey.
3.0 PAYMENTS:
3.1 As consideration for performance of the duties described herein, County shall pay Contractor the prices based on the discounts stated in Exhibit “A.” or Task Order.
3.2 Payment shall be made upon the County’s receipt of a properly completed invoice.
3.3 INVOICES:
3.3.1 The Contractor shall submit one (1) legible copy of their detailed invoice before payment(s) can be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide the following information:
88 SERIAL 16154-RFP
• Company name, address and contact
• County bill-to name and contact information
• Contract Serial Number if provided during account set-up or • County purchase order number
• Invoice number and date
• Payment terms
• Date of shipment
• Quantity
• Contract Item number(s)
• Description of Purchase (product or services)
• Pricing per unit of purchase
• Freight (if applicable)
• Extended price
• Total Amount Due
3.3.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on the Purchase Order.
3.3.3 Payment shall be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT) process. After Contract Award the Contractor shall complete the Vendor Registration Form located on the County Depa rtment of Finance Vendor Registration Web Site (http://www.maricopa.gov/Finance/Vendors.aspx).
3.3.4 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County (ROI).
3.3.5 EFT payments to the routing and account numbers desi gnated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabi lities with their designated financial institution for access to those details.
3.4 PAYMENT RETENTION: (By Task Order/Project if required)
3.4.1 Ten percent (10%) of monies paid for Project Management and Project Labor earned by CONTRACTOR related to work under th is agreement shall be retained by COUNTY until Final Completion of the services. COUNTY may elect to release specific retention payments based on mutually agreed milestones, but in no case shall retention be released prior to Final Completion. All other pa yment terms and conditions shall not be affected by the retention. In the event of terminati on or cancellation of this contract by County through no fault of CONTRACTOR, CONTRACTOR shall be entitled to the refund of any funds in the retention account.
3.4.2 The CONTRACTOR shall have the right, pursuant to Arizona Revised Statues, to submit securities in lieu of retention for all work completed. The CONTRACTOR is required to request this option at least ten (10) business days prior to submission of first Applicat ion for Payment to allow time for preparation of forms. The CONTRACTOR shall request and obt ain securities forms through COUNTY. The COUNTY must identify either securities option or retention option prior to first Application for Payment.
3.5 APPLICABLE TAXES:
3.5.1 Payment of Taxes : The Contractor shall pay all applicable taxes. With respect to any installation labor on items that are not attached to real property performed by Contractor under the terms of this Contract, the installation labor cost and the gross receipts for materials provided shall be listed separately on the Contractor’s invoices.
3.5.2 State and Local Transaction Privilege Taxes : Maricopa County is subject to all applicable state and local transaction privilege taxes. To the extent any state and loc al transaction privilege taxes apply to sales made under the terms of this contract it is th e 89 SERIAL 16154-RFP
responsibility of the seller to collect and remit all applicable taxes to the proper taxing jurisdiction of authority.
3.5.3 Tax Indemnification: Contractor and all su bcontractors shall pay all Federal, state, and local taxes applicable to its operation and a ny persons employed by the Contractor.
Contractor shall, hold Maricopa County harmless from any responsibility for taxes, damages and interest, if applicable, contr ibutions required under Federal, and/or state and local laws and regulations and any other c osts including transaction privilege taxes, unemployment compensation insurance, Social Security and Worker’s Compensation.
3.6 TAX: (SERVICES)
No tax shall be levied against labor based on applicable law and pursuant to tax exemption regulations. It is the responsibility of the Contractor to determine any and all taxes and include the same in proposal price.
No tax shall be invoiced or paid against Contractor’s labor. It is the responsibility of the Contractor to determine any and all applicable taxes and include the c ost in the proposal price.
3.7 TAX (COMMODITIES):
Tax shall not be levied against labor. Sales/use tax will be determined by County. Tax will not be used in determining low price.
Tax shall not be invoiced against Contractor’s labor . Sales/use ta x will be determined by County. Tax will not be used in determining low price.
3.8 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE):
3.8.1 The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K -12 unified school districts. Under the $AVE Cooperative Purchasing Agreement, and with the concurrence of the successful Respondent under this solicitation, a member of $AVE may access a contract resulting fr om a solicita tion issued by the County. If you do not want to grant such access to a member of $AVE, please so state in your proposal. In the absence of a statement to the contrary, the County will assume that you do wish to grant access to any contract that may result from this Request for Proposal.
3.9 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s)
3.9.1 County currently holds ICPA’s with numerous governmental entities throughout the State of Arizona. These agreements allow those entities, with the approval of the Contractor, to purchase their requirements under the terms and conditions of the County Contract.
Please indicate on Attachment A, your acceptance or rejection regarding such participation of other governmental entities. Your response will not be considered as an evaluation factor in awarding a contract
3.10 VOLUNTARY EMPLOYEE DISCOUNTS
3.10.1 Vendors may voluntarily offer discounts to County employees for products or services provided under this contract. Whether a vendor offers or does not offer an employee discount is not a factor in nor considered in the evaluation of responses to this solicitation.
3.10.2 Any discount offered is part of a commercial transaction between the vendor and individual County employees and the County is not a party to the trans action. Any disputes or issues arising from an individual commercial transaction between the vendor and an individual County employee are a matter between the vendor and the employee. If a discount is offered, the terms will be announced to County employees.
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4.0 AVAILABILITY OF FUNDS:
4.1 The provisions of this Contract relating to payment for services shall become effective when funds assigned for the purpose of compensating the Contractor as herein provided are actually available to County for disbursement. The County shall be the sole judge and authority in determining the availability of funds under this Contract. County shall keep the Contractor fully informed as to the availability of funds.
4.2 If any action is taken by any state agency, Federal department or any other age ncy or instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this Contract, County may amend, suspend, decrease, or terminate its obligations under, or in connection with, this Contract. In the event of ter mination, County shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services are performed in accordance with the provisions of this Contract. County shall give written not ice of the effective date of any suspension, amendment, or termination under this Section, at least ten (10) days in advance.
5.0 DUTIES:
5.1 The Contractor shall perform all duties stated in Exhibit “B”, Task Order or as otherwise directed in writing by the Procurement Officer.
6.0 TERMS and CONDITIONS:
6.1 INDEMNIFICATION:
To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses are not covered and paid by insurance purchased by the Contractor, the Contractor shall defend indemnify and hold harmless the County (as Owner), its agents, representatives, agents, officers, directors, officials, and employees from and against actual and direct claims, damages, losses, and expenses (including, but not limited to reasonable attorneys ' fees, court costs, expert witness fees, and the costs and attorneys' fees for appellate proceedings) to the extent arising out of, or alleged to have resulted from the negligent acts, errors, omissions, or willful misconduct relating to the Contractor’s performance of this Contract.
Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, agents, officers, directors, officials, and employees shall arise in connection with any actual and direct claim, damage, loss , or expense that is attributable to bodily injury, sickness, disease, death or injury to, impairment of, or destruction of tangible property, including loss of use resulting there from, to the extent caused by negligent acts, errors, omissions, or willful misconduct in the performance of this Contract, but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, any one directly employed by them, or anyone for whose acts they may be liable, except to the extent such claim, damage, loss, or expense is caused in part by a party indemnified hereunder.
Contractor’s obligation to indemnify, defend and hold harmless County shall not apply in cases of County’s negligence or intentional misconduct. Further, Contractor shall not be so obligated and specifically disclaims any liability for claims that are due to: building design and/or construction, product misuse, misapplication of the product, improper site or surface preparation, improper selection of product and/or color, or improper m aintenance. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph.
The scope of this indemnification extends to the negligence of County.
6.2 INSURANCE.
6.2.1 Contractor, at Contractor’s own expense, shall purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State 91 SERIAL 16154-RFP
of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of St ate of Arizona licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County.
6.2.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted. F ailure to do so may, at the sole discretion of County, constitute a material breach of this Contract.
6.2.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it.
6.2.4 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County’s right to coverage afforded under the insurance policies.
6.2.5 The insurance policies may provide coverage that contains deductibles or self -insured retentions. Such deductible and/or self -insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Contractor to secure payment of such deductibles or self -insured retentions by a surety bond or an irrevocable and unconditional letter of credit.
6.2.6 The insurance policies required b y this Contrac t, except Workers’ Compensation and Errors and Omissions, shall name County, its agents, representatives, officers, directors, officials and employees as Additional Insureds, except where such agent or representative is a contractor or subcontractor retained by the County.
6.2.7 The policies required hereunder, except Workers’ Compensation and Errors and Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors , officials an d employees for any claims arising out of Contractor’s work or service, except where such agent or representative is a third-party contractor or subcontractor retained by the County.
6.2.8 Commercial General Liability.
Commercial General Liability insurance an d, if necessary, Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000 Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit.
The policy shall include coverage for prem ises liabilit y, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third party action over claims. There shall be n o endorsement or modifications of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage.
6.2.9 Automobile Liability.
Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any of the Contractor’s owned, hired, and non -owned vehicles assigned to or used in performance of the Contractor’s work or services or use or maintenance of the Premises under this Contract.
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6.2.10 Workers’ Compensation.
Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor’s employees engaged in the performance of the work or services under this Contract; and Employer’s Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit.
Contractor, its contractors and its s ubcontractors waive all rights against County and its agents, officers, directors and employees (except for third -party contractors or subcontractors retained by the County) for recovery of damages to the extent these damages are covered by the Workers’ Co mpensation a nd Employer’s Liability or commercial umbrella liability insurance obtained by Contractor, its contractors and its subcontractors pursuant to this Contract.
6.2.11 Errors and Omissions (Professional Liability) Insurance.
Errors and Omissions (Profe ssional Liabi lity) insurance and , Commercial Umbrella insurance, which will insure and provide coverage for errors or omissions or professional liability of the CONTRACTOR, with limits of no less than $2,000,000 for each claim.
6.2.12 Builder’s Risk (Property) Insurance.
CONTRACTOR shall purchase and maintain, on a replacement cost basis, Builders’ Risk insurance and, Commercial Umbrella insurance, if necessary, in the amount of the initial Contract amount as well as subsequent modifications thereto for the entire work at th e site. Such Builder’s Risk insurance shall be maintained until completion of the units under construction subject to the agreement as complete. This insurance shall include interests of COUNTY, CONTRACTOR, and all subcontractors and sub ‐subcontractors in the work during the life of the Contract and course of construction, and shall continue until the work is completed and accepted by COUNTY. For new construction projects, CONTRACTOR agrees to assume full responsibility for loss or damage to th e work being performed and to the structures under construction. For renovation construction projects, CONTRACTOR agrees to assume responsibility for loss or damage to the work being performed at least up to the full Contract amount, unless otherwise requi red by the Contract documents or amendments thereto. Builders’ Risk insurance shall be on a special form and shall also cover false work and temporary buildings and shall insure against risk of direct physical loss or damage from external causes including debris removal, demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for architect’s service and expenses required as a result of such insured loss and other “soft costs” as required by the Cont ract. Builders’ Risk insurance must provide coverage from the time any covered property comes under CONTRACTOR’S control and/or responsibility, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, and while on the construction or installation site awaiting installation. The policy will provide coverage while the covered premises or any part thereof are occupied. Bui lders’ Risk insurance shall be primary and any insurance or self ‐insurance maintained by the County is not contributory. If the Contract requires testing of equipment or other similar operations, at the option of COUNTY, CONTRACTOR will be responsible for providing property insurance for these exposures under a Boiler Machinery insurance policy or the Builders’ Risk Insurance policy.
6.2.13 Certificates of Insurance.
6.2.13.1 Prior to Contract AWARD, Contractor shall furnish the County with valid and complete certificate s of insuranc e, or formal endorsements as required by the Contract in the form provided by the County, issued by Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Contract are in full force and ef fect. Such certificates shall identify this contract number and title.
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6.2.13.2 In the event any insurance policy (ies) required by this contract is (are) written on a “claims made” basis, coverage shall extend for two years past completion and accept ance of Contr actor’s work or services and as evidenced by annual Certificates of Insurance.
6.2.13.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County fifteen (15) days prior to the expiration date.
6.2.14 Cancellation and Expiration Notice.
Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall provide prior written notice of cancellation to Maricopa County based on state guidelines. Such notice s hall be sent directly to Maricopa County Office of Procurement Services and shall be mailed or hand delivered to 160 South 4
th Avenue 320 West Lincoln Street, Phoenix, AZ 85003, or emailed to Procurement Officer noted in solicitation.
6.3 BOND REQUIREMENT: (If required by Project/Task Order)
6.3.1 Concurrently with the submittal of the Contract, the Contractor shall furnish the Contracting Agency the following bonds, which shall become binding upon the award of the contract to the Contractor.
6.3.1.1 A Performance Bond equal to the full Contract amount ($ or as specified) conditioned upon the faithful performance of the Contract in accordance with plans, specifications and conditions thereof. Such bond shall be solely for the protection of the Contracting Agency awarding the Contract.
6.3.1.2 A Payment Bond equal to the full contract amount ($ or as specified) solely for the protection of claimants supplying labor and materials to the Contractor or his Subcontractors in the prosecution of the work provided for in such Contract.
6.3.2 Each such bond shall include a provision allowing the prevailing party in a suit on such bond to recover as a part of his judgment such reasonable attorney’s fees as may be fixed by a judge of the court.
6.3.3 Each bond shall be executed by a surety company or companies hold ing a c ertificate of authority to transact surety business in the State of Arizona issued by the Director of the Department of Insurance. The bonds shall not be executed by an individual surety or sureties. The bonds shall be made payable and acceptable to the Contracting Agency. The bonds shall be written or countersigned by an authorized representative of the surety who is either a resident of the State of Arizona or whose principal office is maintained in this state, as by law required, and the bonds shall have attached thereto a certified copy of the Power of Attorney of the signing official. In addition, said company or companies shall be rated “Best-A” or better as required by the Contracting Agency, as currently listed in the most recent Best Key Rating Guide, published by the A.M. Best Company.
6.4 FORCE MAJEURE
6.4.1 Except for payment obligations, neither party shall be liable for failure of performance, nor incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Contract if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the parties. Such events, occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or conf iscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, 94 SERIAL 16154-RFP
labor dispute, strike, interruption or failure of electricity or telecommunication service.
6.4.2 Each party, as applicable, shall give the other party notice of its ina bility to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply.
6.4.3 The party asserting Force M ajeure as a cause for non -performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, that all non -excused obligations were substantially fulfilled, and that the other part y was t imely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated.
6.4.4 The County shall reserve the right to terminate this Contract and/or any applicable order or contr act rel ease purchase order upon non -performance by Contractor. The County shall reserve the right to extend the Contract and time for performance at its discretion.
6.5 WARRANTY OF SERVICES:
6.5.1 The Contractor warrants that all services provided hereunder will conform to the requirements of the Contract, including all descriptions, specifications and attachments made a part of this Contract. County’s acceptance of services or goods provided by the Contractor shall not relieve the Contractor from its obligations under this warranty.
6.5.2 In addition to its other remedies, County may, at the Contractor's expense, require prompt correction of any services failing to meet the Contractor's warranty herein. Services corrected by the Contractor shall be subject to all the pr ovisions of this Contract in the manner and to the same extent as services originally furnished hereunder.
6.5.3 Notwithstanding the foregoing, with respect to materials provided hereunder, Contractor is a reseller of goods only, and as such does not provide any warra nty for the goods it supplies hereunder, Notwithstanding this as-is limitation, Contractor shall pass through to County any transferrable manufacturer’s standard warranties with respect to goods purchased hereunder. COUNTY AND PERSONS CLAIMING THROUGH COUNTY
SHALL SEEK RECOURSE EXCLUSIVELY FROM MANUFACTURERS IN
CONNECTION WITH ANY DEFECTS IN OR FAILURES OF GOODS, AND THIS
SHALL BE THE EXCLUSIVE RECOURSE OF COUNTY AND PERSONS
CLAIMING THROUGH COUNTY FOR DEFECTIVE GOODS, WHETHER THE
CLAIM OF COUNTY OR THE PER SON CLAIMING THROUGH COUNTY SHALL
SOUND IN CONTRACT, TORT, STRICT LIABILITY, PURSUANT TO STATUTE, OR FOR NEGLIGENCE. COUNTY SHALL PASS THESE TERMS TO
SUBSEQUENT BUYERS AND USERS OF GOODS. CONTRACTOR EXCLUDES
AND DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CONTRACTOR ASSUMES NO RESPONSIBILITY WHATSOEVER FOR
CONTRACTOR’S INTERPRETATION OF PLANS OR SPECIFICATIONS
PROVIDED BY COUNTY, AND COUNTY’S ACCEPTANCE AND USE OF GOODS
SUPPLIED HEREUNDER SHALL BE PREMISED ON FINAL APPROVAL BY COUNTY OR BY COUNTY’S RELIANCE ON ARCHITECTS, ENGINEERS, OR OTHER THIRD PARTIES RATHER THAN ON CONTRACTOR’S
INTERPRETATION, TO THE EXTENT NOT PROHIBITED BY APPL ICABLE LAW.
IN NO EVENT, WHETHER IN CONTRACT, WARRANTY, INDEMNITY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY OR
OTHERWISE, ARISING DIRECTLY OR INDIRECTLY OUT OF THE
PERFORMANCE OR BREACH OF THESE TERMS, SHALL CONTRACTOR BE LIABLE F OR (a) ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL,
COINCIDENTAL OR SIMILAR DAMAGES SUCH AS LOSS OF USE, LOST PROFITS, ATTORNEY’S FEES OR DELAYED DAMAGES, EVEN IF SUCH 95 SERIAL 16154-RFP
DAMAGES WERE FORESEEABLE OR CAUSED BY CONTRACTOR’S BREACH OF THIS AGREEMENT, (b) ANY CLA IM THAT PROPERLY IS A CLAIM AGAINST THE MANUFACTURER, OR (c) ANY AMOUNT EXCEEDING THE
AMOUNT PAID TO CONTRACTOR FOR GOODS FURNISHED TO COUNTY WHICH ARE THE SUBJECT OF SUCH CLAIM(S). ALL CLAIMS MUST BE BROUGHT WITHIN ONE YEAR OF ACCRUAL OF A CAUSE ACTION.
6.6 INSPECTION OF SERVICES:
6.6.1 The Contractor shall provide and maintain an inspection system acceptable to County covering the services under this Contract. Complete records of all inspection work performed by the Contractor shall be maintained and made availab le to C ounty during contract performance and for as long afterwards as the Contract requires.
6.6.2 County has the right to inspect and test all services called for by the Contract, to the extent practicable at all reasonable times and places during the term of the Co ntract.
County shall perform inspections and tests in a manner that will not unduly delay the work.
6.6.3 If any of the services do not conform to Contract requirements, County may require the Contractor to perform the services again in conformity with C ontract requirements, at no cost to the County. When the defects in services cannot be corrected by re- performance, County may:
6.6.3.1 Require the Contractor to take necessary action to ensure that future performance conforms to Contract requirements; and
6.6.3.2 Reduce the Contract price to reflect the reduced value of the services performed.
6.6.4 If after being provided written notice and reasonable opportunity to cure the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with Contract requirements, County may:
6.6.4.1 By Contract or otherwise, perform the services and charge to the Contractor, through direct billing or through payment reduction, any cost incurred by County that is directly related to the performance of such service; or
6.6.4.2 Terminate the Contract for default.
6.7 REQUIREMENTS CONTRACT:
6.7.1 Contractors signify their understanding and agreement by signing a bid submittal, that the Contract resulting from the bid is a requirements contract. Howeve r, the Contract does not guarantee any minimum or maximum number of purchases will be made. It only indicates that if purchases are made for the materials or services contained in the Contract, they will be purchased from the Contractor awarded that item if th e Contractor can meet all the delivery requirements of the County. Orders will only be placed when the County identifies a need and proper authorization and documentation have been approved.
6.7.2 County reserves the right to cancel Purchase Orders within a reasonable period of time after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor for actual and documentable costs incurred by the Contractor in response to the Purchase Order. The County will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc.
6.7.3 Contractors agree to accept verbal notification of cancellation of Purchase Orders from the Co unty Procurement Officer with written notification to follow promptly. By submitting a bid in response to this Invitation for Bids, the Contractor specifically acknowledges to be bound by this cancellation policy.
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6.8 Background Check:
Contractors need to be aware that there may be multiple background checks (Sheriff’s Office, County Attorney's Office, Courts as well as Maricopa County general government) to determine if the respondents employees are acceptable for the contractor to do business with the Count y. This applies to (but is not limited to) the company and sub -contractors. Employees or others who fail to pass these checks shall not be allowed to work on County projects. Failure to meet these requirements may lead to termination of the contract.
6.9 Suspension of Work
The Procurement Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Procurement Officer determines appropriate for the convenience o f the County. No adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor. No request for adjustment under this clause shall be granted unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.
6.10 Stop Work Order
The Procurement Officer may, at any time , by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is del ivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop work order issued under this clause.
Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop- work is delivered to the Contractor, or within any extension of that p eriod to which the parties shall have agreed, the Procurement Officer shall either—
6.10.1 Cancel the stop-work order; or
6.10.2 Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the County, clause of this contract.
6.10.3 The Procurement Officer may make an equitable adjustment in the delivery schedule and/or contract price, or otherwise, and the contract shall be modified, in writing, accordingly, if the Contractor demonstrates that the stop work order resulted in an increase in costs to the Contractor.
6.11 UNCONDITIONAL TERMINATION FOR CONVENIENCE:
Maricopa County may terminate the resultant Contract for convenience by providing sixty (60) calendar days advance notice to the Contractor.
6.12 TERMINATION FOR DEFAULT:
The County may, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to:
6.12.1 Deliver the supplies or to perform the services within the time specified in this contract or any extension;
6.12.2 Make progress, so as to endanger performance of this contract; or
6.12.3 Perform any of the other provisions of this contract.
6.12.4 The County’s right to terminate this contract under these subparagraph may be exercised 97 SERIAL 16154-RFP
if the Contractor does not cure such failure within 10 days (o r mo re if authorized in writing by the County) after receipt of the notice from the Procurement Officer specifying the failure.
6.13 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:
Notice is given that pursuant to A.R.S. § 38 -511 the County may canc el a ny Contract without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County is at any time wh ile the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or consultant to any other party of the Contract with respect to the subject matter of the Contract. Additionally, purs uant to A.R.S § 38- 511 the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County from any other party to the contract arising as the result of the Contract.
6.14 CONTRACTOR LICENSE REQUIREMENT:
6.14.1 The Respondent shall procure all permits, insurance, licenses and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any r equired certification requirements, required by any and all governmental or non -governmental entities as mandated to maintain compliance with and in good standing for all permits and/or licenses. The Respondent shall keep fully informed of existing and fut ure trade or industry requirements, Federal, State and Local laws, ordinances, and regulations which in any manner affect the fulfillment of a Contract and shall comply with the same. Contractor shall immediately notify both Office of Procurement Services and the using agency of any and all changes concerning permits, insurance or licenses.
6.14.2 Respondents furnishing finished products, materials or articles of merchandise that will require installation or attachment as part of the Contract, shall possess any licen ses required. A Respondent is not relieved of its obligation to possess the required licenses by subcontracting of the labor portion of the Contract. Respondents are advised to contact the Arizona Registrar of Contractors, Chief of Licensing, at (602) 542 -1525 to ascertain licensing requirements for a particular contract. Respondents shall identify which license(s), if any, the Registrar of Contractors requires for performance of the Contract.
6.15 SUBCONTRACTING:
6.15.1 The Contractor may not assign to another C ontractor or Subcontract to another party for performance of the terms and conditions hereof without the written consent of the County, which consent shall not be unreasonably withheld. All correspondence authorizing subcontracting must reference the Bid S erial Number and identify the job project.
6.15.2 The Subcontractor’s rate for the job shall not exceed that of the Prime Contractor’s rate, as bid in the pricing section, unless the Prime Contractor is willing to absorb any higher rates or the County has approv ed t he increase. The Subcontractor’s invoice shall be invoiced directly to the Prime Contractor, who in turn shall pass -through the costs to the County, without mark -up. A copy of the Subcontractor’s invoice must accompany the Prime Contractor’s invoice.
6.16 AMENDMENTS:
All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County.
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6.17 ADDITIONS/DELETIONS OF SERVICE:
6.17.1 The County reserves the right to add and/or delete materials and services to a Contract. If a service requirement is deleted, payment to the Contractor will be reduced proportionately, to the amount of service reduced in accordance with the bid price. If additional materials or services are required from a Contract, prices for such additions will be negotiated between the Contractor and the County.
6.17.2 The County reserves the right of final approval on proposed staff for all Task Orders.
Also, upon request by t he County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County.
6.18 VALIDITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of the Contract.
6.19 SEVERABILITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of this Contract.
6.20 RIGHTS IN DATA:
The County shall have the use of data and reports resulting from a Contract without additional cost or other restriction except as may be established by law or applicable regulation. E ach party shall supply to the other party, upon request, any available information that is relevant to a Contract and to the performance thereunder.
6.21 NON-DISCRIMINATION:
CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive Order 2009- 09 including flow down of all provisions and requirements to any subcontractors.
Executive Order 2009 -09 supersedes Executive order 99- 4 and amends Executive order 75- 5 and may be viewed and downloaded at the Governor of the State of Arizona’ s web site http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1 which is hereby incorporated into this contract as if set forth in full herein. During the performance of this contract, CONTRACTOR shall not discriminate against any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin.
Contractor agrees to comply with all provisions and requirements of Arizona Executive Order 2009 -09 including flow down of all provisions and requirements to any subcontractors. Executive Order 2009 -09 supersedes Executive order 99 -4 and amends Executive order 7 5-5 and may be viewed and downloaded at the Arizona State Library Research website
(http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1) which is hereby incorporated into this contract as if set forth in full herein. D uring the performance of this Contract, Contractor shall not discriminate against any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin.
6.22 ISRAEL BOYCOTT:
Per House Bill 2617 Contractor certifies that they are not currently engaged in, and agrees for the duration of the Contract to not engage in, a boycott of Israel.
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6.23 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
The undersigned (authorized officia l signing for the Contractor) certifies to the best of his or her knowledge and belief, that the Contractor
is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency;
have not within 3 -year period preceding this Contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and
have not wit hin a 3 -year period preceding this Contract had one or more public transaction (Federal, State or local) terminated for cause of default.
The Contractor agrees to include, withou t modification, this clause in all lower tier covered transactions (i.e. tran sactions with subcontractors) and in all solicitations for lower tier covered transactions related to this Contract.
6.23.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the best of h is or her knowledge and belief that the Contractor, it s current officers and directors;
6.23.1.1 are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from being awarded a ny contract or grant by any United States Department or Agency or any state, or local jurisdiction;
6.23.1.2 have not within three (3) year period preceding this Contract;
6.23.1.2.1 been convicted of fraud or any criminal offen se in connection with obtaining, attempting to obtain, or as the result of performing a government entity (Federal, State or local) transaction or contract; and
6.23.1.2.2 been convicted of violation of any Federal or State antitrust statues or conviction for embezzlement , theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property regarding a government entity transaction or contract; and
6.23.1.2.3 are not presently indicted or criminally charged by a government entity (Federal, State or local) with commissio n of any criminal offenses in connection with obtaining, attempting to obtain, or as the result of performing a government entity public (Federal, State or local) transaction or contract; and are not presently facing any civil charges from any governmental entity regarding obtaining, attempting to obtain, or from performing any governmental entity contract or other
transaction; and have not within a three (3) year period preceding this Contract had a ny public transaction (Federal, State or local) terminated for cause or default.
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6.23.1.3 If any of the above circumstances described in the paragraph are applicable to the entity submitting a bid for this requirement, include with your bid an explanation of the matter including any final resolution.
6.23.2 The Contractor sha ll include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors ) and in all solicitations for lower tier covered transactions related to this Contract.
6.24 VERIFICATION REGARDING COMPLIANCE WITH ARIZ ONA REVISED STATUTES §41 - 4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:
6.24.1 By entering into the Contract, the Contractor warrants compliance with the Immigration and Nationality Act (INA using e -verify) and all other federal immigration laws and regulations related to the immigration status of its employees and A.R.S. §23 -214(A).
The contractor s hall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the Procurement Officer upon request. These warranties shall remain in effect through the term of the Contract. The Contractor and its subcontractors s hall also maintain Employment Eligibility Verification forms (I -9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, f or all employees performing work under the Contract and verify employee compliance using the E -verify system and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. I -9 forms are available for download at USCIS.GOV.
6.24.2 The County retains the legal right to inspect contract or and subcontractor employee documents performing work under this Contract to verify compliance with paragraph
6.24.1 of this Section. Contractor and subcontrac tor shall be given reasonable notice of the County’s intent to inspect and shall make the docum ents available at the time and date specified. Should the County suspect or find that the Contractor or any of its subcontractors are not in compliance, the Coun ty will consider this a material breach of the contract and may pursue any and all remedies all owed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All c osts necessary to verify compliance are the responsibility of the Contractor.
6.25 INFLUENCE
As prescribed in MC1 -1202 MC1-1203 of the Maricopa County Procurement Code, any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct may be grounds for Disbarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
6.25.1 A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or education al passes or tickets, or any type valuable contribution or subsidy,
6.25.2 That is offered or given with the intent to influence a decision, obtain a contract, garner favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief Procurement Officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract.
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6.26 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS.
6.26.1 The Parties agree that this Contract and employees working on this Contract will be subject to the whistleblower rights and remedies in the pilot program on contractor employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112 –239) and section
3.908 of the Federal Acquisition Regulation;
6.26.2 Contractor sh all inform its employees in writing, in the predominant language of the workforce, of employee whistlebl ower rights and protections under 41 U.S.C. § 4712, as described in section 3.908 of the Federal Acquisition Regulation. Documentation of such employee notification must be kept on file by Contractor and copies provided to County upon request.
6.26.3 Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold ($150,000 as of September 2013).
6.27 UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Contract the Contractor agre es to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDI T REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq.
6.28 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW:
6.28.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the Contractor agrees to retain all books, records, accounts, statements, reports, files, and other records and back -up documentation relevant to this Contract for six (6) years after final payment or until after the resolution of any audit questions which could be more than si x (6) years, whichever is latest. The County, Federal or State auditors and any other persons duly authorized by the Department shall have full access to, and the right to examine, copy and make use of, any and all said materials.
6.28.2 If the Contractor’s books, records , accounts, statements, reports, files, and other records and back -up documentation relevant to this Contract are not sufficient to support and document that requested services were provided, the Contractor shall reimburse Maricopa County for the services not so adequately supported and documented.
6.28.3 If at any time it is determined by the County that a cost for which payment has been made is a disallowed cost, the County shall notify the Contractor in writing of the disallowance.
The course of action to address the disallowance shall be at sole discretion of the County, and may include either an adj ustment to future invoices, request for credit, request for a check or deduction from current billings Submitted by the Contractor by the amount of the disallowance, or to require reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to Maricopa County.
6.29 AUDIT DISALLOWANCES:
If at any time, County determines that a cost for which payment has been made is a disallow ed cost, such as overpayment, County shall notify the Contractor in writing of the disallowance.
County shall also state the means of correction, which may be but shall not be limited to adjustment of any future claim submitted by the Contractor by the amo unt of the disallowance, or to require repayment of the disallowed amount by the Contractor.
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6.30 OFFSET FOR DAMAGES;
In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes t o the County for damages resulting from breach or deficiencies in performance of the contract.
6.31 PUBLIC RECORDS:
Under Arizona law, all Offers submitted and opened are public records and must be retained by the Records Manager at the Office of Procurement Services. Offers shall be open to public inspection and copying after Contract award and execution, excep t for such Offers or sections thereof determined to contain proprietary or confidential information. by the Office of Procurement Services. If an Offeror believes that information in its Offer or any resulting Contract should not be released in response to a public record request under Arizona law, the Offeror shall indicate the specific information deemed confidential or proprietary and submit a statement with its offer detailing the reasons that the information should not be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. The Records Manager of the Office of Procurement Services shall determine wheth er the identified information is confidential pursuant to the Maricopa County Procurement Code.
6.32 PRICES:
Pricing will be compliant with the Pricing Commitments as described in the Administration Agreement dated as of January 12, 2017 by and between U.S. C ommunities Government Purchasing Alliance and Contractor.
6.33 INTEGRATION:
This Contract represents the ent ire and integrated agreement between the parties and supersedes all prior negotiations, proposals, communications, understandings, representations, or agreements, whether oral or written, express or implied.
6.34 RELATIONSHIPS:
In the performance of the servi ces described herein, the Contractor shall act solely as an independent contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, co -employee, partnership, principal and agent, or joint venture between the County and the Contractor.
6.34.1 In the performance of th e services described herein, the Contractor shall act solely as an inde pendent contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, co - employee, partnership, principal and a gent, or joint venture between the County and the Contractor.
6.34.2 The Coun ty reserves the right of final approval on proposed staff for all Task Orders. Also, upon request by the County, the Contractor will be required to remove any employees working on Count y projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County.
6.35 GOVERNING LAW:
This Contract shall be governed by the laws of the state of Arizona. Venue for any actions or lawsuits involving this Contract will be in Maricopa County Superior Court or in the United States District Court for the District of Arizona, sitting in Phoenix, Arizona
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6.36 ORDER OF PRECEDENCE:
In the event of a conflict in the provisions of this Contract and Contractor’s license agreement, if applicable, the terms of this Contract shall prevail.
6.37 ORDERING AUTHORITY:
Any request for purchase shall be accompanied by a valid purchase order, issued by Office of Procurement Services, a Purchase Order issued by the using Department or direction by a Certified Agency Procurement Aid (CAPA) with a Purchase Card for payment.
6.38 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION:
6.38.1 This Contract does not guarantee any mi nimum or maximum purchases will be made. Orders will only be placed under this Contract when the County identifies a need and proper authorization and documentation have been approved.
6.38.2 Contractors agree to accept verbal notification of cancellation of Purchase Orders from the County Procurement Officer with written notification to follow.
Contractor specifically acknowledges to be bound by this cancellation policy.
6.39 PURCHASE ORDERS:
County reserves the right to cancel Purchase Orders within a reasonable p eriod of time after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor for actual and doc umentable costs incurred by the Contractor in response to the cancellation. The County will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc.
6.40 CONFIDENTIAL INFORMATION:
Any information obtained in the course of performing this Contract may include information that is proprietary or confidential to the County. This provision establishes the Contractor’s obligation regarding such information.
The Contractor shall establish and maintain procedures and controls that are adequate to assure that no information contained in its records and/or obtained from the County or from others in carrying out its functions (services) under the Contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Contract. The Contractor’s procedures and controls at a minimum must be the same procedures and controls it uses to protect its own proprietary or confidential information. If, at any time during the duration of the Contract, the Cou nty determines that the procedures and controls in place are not adequate, the Contractor shall institute any new and/or additional measures requested by the County within fifteen (15) calendar days of the written request to do so.
Any requests to the Contractor for County proprietary or confidential information shall be referred to the County for review and approval, prior to any dissemination.
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6.41 INCORPORATION OF DOCUMENTS:
The following are to be attached to and made part of this Contract:
6.41.1 Exhibit A, Pricing;
6.41.2 Exhibit B, Scope of Work;
6.41.3 Exhibit C Facilities Management Requirements
NOTICES:
All notices given pursuant to the terms of this Contract shall be addressed to:
For County:
Maricopa County
Office of Procurement Services
ATTN: Contract Administration
320 West Lincoln Street 160 South 4th Avenue
Phoenix, Arizona 85003-2494
For Contractor: with a copy to:
HD Supply Facilities Maintenance, Ltd.
PO Box 509055
San Diego, CA 92150-9055
Attn: Contracts Department
HD Supply Facilities Maintenance, Ltd.
3400 3100 Cumberland Blvd, Suite 1700
Atlanta, GA 30339
Attn: Legal
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EXHIBIT A
PRICING
SERIAL 16154-RFP BFO
NIGP CODE: 45041
RESPONDENT'S NAME: HD Supply Facilities Maintenance, Ltd.
COUNTY VENDOR NUMBER : VC0000004973
ADDRESS: 3100 Cumberland Blvd., Ste. 1700
Atlanta, GA 30339
P.O. ADDRESS: PO Box 509055, San Diego, CA 92150
TELEPHONE NUMBER: 877-610-6912
FACSIMILE NUMBER: 877-219-8526
WEB SITE: hdsupplysolutions.com
CONTACT (REPRESENTATIVE): Cynde Smith
REPRESENTATIVE'S E-MAIL ADDRESS: [email protected]
YES
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT [ X ]
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: [ X ]
1.0 PRICING:
1.2 Wholesale Catalog Discount By Category
Annual Issue Date of Catalog March/April
(Insert Sub-categories as necessary)
MINIMUM MINIMUM Discount from List
1.1 Category 1 Appliances
Refrigerators 5 %
Ovens 5 %
Oven Repair 20 %
Laundry 5 %
Dishwashers & other Appliances 5 %
Refrigerator Repair 15 %
Microwaves 10 %
Range Hood Filters 20 %
Range Hoods 20 %
Washer & Dryer Repair 15 %
Gas Supply Lines & Fittings 15 %
Laundry Carts 5 %
Dishwasher Repair 15 %
Ice Machines 5 %
Ice Machine Repair 10 %
1.2 Category 2 Building Materials 5 %
Slab Doors 10 %
Bi-Fold 5 %
Moldings 10 %
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Bypass Doors 5 %
Pre-hung Int. Doors 5 %
Exterior Doors 5 %
1.3 Category 3 Hardware 5 %
Residential Locksets 10 %
Door & Wall Protection 15 %
Screen Doors, Frame & Wire 15 %
Door Security Hardware 15 %
Commercial Locksets 10 %
Mailboxes & Accessories 15 %
Weatherization & Thresholds 20 %
Ceiling Tile 5 %
Door Hinges & Closers 10 %
Wardrobe Hardware 15 %
Cabinet & Drawer Hardware 15 %
Window Hardware 10 %
Commercial Door Hardware 10 %
Electronic Locks & Safes 5 %
Sliding Patio Door Hardware 10 %
Gate & Garage Door Hardware 10 %
Fasteners 10 %
Storm Door 5 %
1.4 Category 4 HVAC 5 %
Fireplace 10 %
Air Filtration 15 %
PTAC & Ductless (Mini Splits) 5 %
Refrigerants & Compressed Gases 5 %
Thermostats & Temperature Control 10 %
Window & Portable Air Conditioners 10 %
Wall Air Conditioners 5 %
Exhaust Fans 15 %
Condensing Units 5 %
Repair Parts 10 %
Tools & Supplies 10 %
Heaters 10 %
Hydronic Products, Controls & Gauges 5 %
Indoor Air Quality (IAQ) 10 %
Air Handlers, Furnaces & Coils 5 %
Ventilation 10 %
Compressors & Fittings 10 %
Warranty/OEM Parts 0 %
Thru-The-Wall Condensers 5 %
Clearance - HVAC 0 %
1.5 Category 5 Kitchen and Bath Cabinets 10 %
Medicine Cabinets 15 %
Countertops 0 %
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Bathroom Vanities 15 %
Kitchen Cabinets 10 %
1.6 Category 6 Janitorial 5 %
Floor Mats 10 %
Paper Product 20 %
Cleaning Chemicals 20 %
Cleaning Equipment 15 %
Waste Receptacles And Liners 10 %
Pest Control 10 %
Trash Liners 20 %
Vacuums And Accessories 5 %
Carpet Extractors & Floor Machines 5 %
Odor Control 5 %
Hand Soaps & Sanitizers 15 %
Dilution Systems 5 %
1.7 Category 7 Landscaping Equipment and Supplies 5 %
Planters 5 %
Garden Hoses & Nozzles 10 %
Sprinkler Heads, Nozzles & Accessories 5 %
Sprinkler Valves & Accessories 10 %
Outdoor Equipment 5 %
Ice Melt 5 %
Utility Vehicle & Accessories 5 %
1.8 Category 8 Motors/Pumps 5 %
Motors & Fan Blades 5 %
Circulator Pumps 5 %
Pumps & Regulators 5 %
1.9 Category 9 Paints/Coatings 5 %
Caulking 15 %
Interior Surface Repair 15 %
Paint Application 10 %
Tapes & Adhesives 10 %
Paint 5 %
Spray Paint 10 %
Primers 5 %
Exterior Surface Repair 5 %
1.10 Category
10 Plumbing 5 %
Kitchen & Bar Faucets 10 %
Lavatory Faucets 10 %
Stems & Cartridges 10 %
Tub Spouts & Showerheads 10 %
Bathroom Hardware 15 %
Sinks 10 %
Faucet & Shower Valve Repair 15 %
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Specialty & Commercial Faucets 5 %
Handles And Index Buttons 10 %
Tub & Shower Trim Kits & Valves 5 %
Pop Ups & Repair 10 %
Spouts & Aerators 10 %
Decorative Bath Hardware 10 %
Escutcheons and Flanges 10 %
Clearance faucets and showerheads 0 %
Water Heaters 5 %
Toilet & Tank Repair 10 %
Disposers & Repair 5 %
Shower Doors, Tubs & Enclosures 10 %
Toilets 10 %
Toilet Seats 20 %
Drain Cleaning Equipment 5 %
Metal & Plastic Tubular 10 %
Public Washroom 10 %
Water Heater Repair 5 %
Sink Repair 20 %
Water Coolers & Bubblers 5 %
Tub Waste and Drain Repair 10 %
Pipe Repair & Weatherization 10 %
1.11 Category
11 Pool Supplies 5 %
Pool And Patio Furniture 5 %
Pool Chemicals 5 %
Pool Equipment 10 %
1.12 Category
12 Tools, Hand-Held General Purpose 5 %
Acrylic Sheet 5 %
Hand Tools 10 %
Ladders & Ladder Acc. 5 %
Lubricants 10 %
Plumbing Hand Tools 10 %
Carts & Trucks 10 %
Wheels & Casters 10 %
Storage 15 %
1.13 Category
13 Tools, Power Type 5 %
Power Tools 5 %
Shop Tools 5 %
Power Tool Accessories 10 %
Power Equipment 5 %
Bench Top Tools 5 %
1.14 Category
14 Flooring and Window Coverings 10 %
Vinyl Mini Blinds 20 %
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Standard Vertical Blinds 20 %
1" Deluxe Vinyl Mini Blinds 20 %
Aluminum Mini Blinds 20 %
Window Shades & Rods 15 %
Faux Wood Blinds 15 %
Deluxe Vertical Blinds 10 %
Window Covering Accessories 15 %
2" Deluxe Vinyl Mini Blinds 15 %
Floor Tile 10 %
Flooring Tools 15 %
Floor Prep & Adhesive 15 %
1.15 Category
15 Hospitality 5 %
Hospitality - Banquet Furniture 5 %
Hospitality - Shower Curtains & Liners 5 %
Hospitality - Guest Room Case Goods & Furniture 5 %
Hospitality - Food & Beverage Equipment & Supplies 10 % Hospitality - Guest Room Coffee Makers & Coffee 5 %
Hospitality - Guest Room Appliances 5 %
Hospitality - Personal Care Amenities 5 %
Hospitality - Telephones & Accessories 5 %
Hospitality - Guest Room Supplies 10 %
Hospitality - Beds & Frames 5 %
Hospitality - Office Supplies & Equipment 10 %
Hospitality - Housekeeping Carts & Accessories 10 %
Hospitality - Fitness Equipment 5 %
Hospitality - Extended Stay/Timeshare Supp & Equipment 5 % Hospitality - Bellman's Carts & Accessories 5 %
Hospitality - Logo Amenities 5 %
Hospitality - Business Forms 15 %
Hospitality - Guest Room Printed Supplies 10 %
Hospitality - Baby Cribs & Sheets 5 %
Hospitality - Bathroom Hardware (Hospitality) 5 %
Hospitality - Restaurant Equipment & Supplies 5 %
Hospitality - Crowd Management 5 %
Hospitality - ADA Communications 5 %
Hospitality - Artwork, Frames & Mirrors 5 %
Hospitality - Room Decor 5 %
Hospitality - Laundry Carts & Accessories 10 %
Hospitality - Guest Kitchen Appliances 5 %
Hospitality - Safety & Signage 5 %
1.16 Category
16 Water/Wastewater Treatment 5 %
Water Supply & Fittings 15 %
Pipe & Pipe Fittings 5 %
Water Filtration 5 %
1.17 Category Miscellaneous 5 %
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17 Ability One - Floor Care 5 %
Ability One - Cleaning Supplies 10 %
Ability One - Brooms & Brushes 5 %
Ability One - Safety & Sundries 5 %
Ability One - Paper Products 5 %
Ability One - Paint & Tape 5 %
Electrical - Carbon Monoxide Alarms 15 %
Electrical - Smoke Alarms & Fire Safety 15 %
Electrical - Fire Extinguishers & Cabinets 5 %
Electrical - Wiring Devices - GFCIs 15 %
Electrical - Wall Plates 15 %
Electrical - Wiring Devices - Receptacles 15 %
Electrical - Wiring Devices 15 %
Electrical - Power Cords & Connectors 15 %
Electrical - Two-Way Communications 5 %
Electrical - Door Chimes & Intercoms 15 %
Electrical - Wiring Supplies 10 %
Electrical - Circuit Breakers & Fuses 10 %
Electrical - Building Wire 10 %
Electrical - Electrical Tools & Meters 10 %
Electrical - Security & Surveillance 10 %
Electrical - Conduit & Weatherproof/Electrical Boxes 15 % Electrical - Lighting Controls 15 %
Electrical - Telephone & Video Repair 15 %
Electrical - Surge Protection 15 %
Electrical - Time Switches 15 %
Electrical - Audio/Video Equipment 5 %
Electrical - Plug & Connectors 15 %
Electrical - Audio/Video Accessories 10 %
Electrical - Clearance - Electrical 0 %
Electrical - Cameras 5 %
Grounds - Benches & Picnic Tables 5 %
Grounds - Petwaste Stations & Accessories 10 %
Grounds - Flags 5 %
Grounds - Bike Racks 5 %
Grounds - Barbecues 5 %
Grounds - Playgrounds 5 %
Healthcare - Patient Care 10 %
Healthcare - Bathing & Toileting 5 %
Healthcare - Bathing Units/Supplies & Repair 5 %
Healthcare - Shelving & Storage 5 %
Healthcare - Resident Room Furniture 5 %
Healthcare - Nurse Call & Audio/Video Equipment 5 %
Healthcare - Bed Repair Parts 10 %
Healthcare - Incontinent Care 5 %
Healthcare - Wheelchair Repair Parts 15 %
Healthcare - Wheelchair Cushions & Accessories 5 %
Healthcare - Biohazard Containment 10 %
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Healthcare - Therapy & Fitness 5 %
Healthcare - Privacy Curtains & Hardware 10 %
Healthcare - Carts & Receptacles 5 %
Healthcare - Lift Repair 5 %
Healthcare - Mattresses 5 %
Healthcare - Wheelchairs & Walkers 5 %
Healthcare - Beds & Accessories 5 %
Healthcare - Respiratory Aid 10 %
Healthcare - Lifts & Slings 5 %
Healthcare - Mobility Aids & Repair Parts 5 %
Healthcare - Bed & Bath Linen 5 %
Healthcare - Resident Monitoring / Fall Prevention 5 %
Healthcare - Hampers and Accessories 5 %
Healthcare - Scales 5 %
Healthcare - Aids to Daily Living 5 %
Healthcare - Diagnostic 5 %
Healthcare - Exam Gloves 10 %
Healthcare - Recliners and Accessories 5 %
Healthcare - Wheelchair Ramps 5 %
Healthcare - Healthcare Office 5 %
Healthcare - Defibrillators 5 %
Lamps & Ballasts - Fluorescent Tubes 20 %
Lamps & Ballasts - Pin Based Compact Fluorescents 20 %
Lamps & Ballasts - Batteries & Flashlights 20 %
Lamps & Ballasts - Fluorescent Lamp Adapters 20 %
Lamps & Ballasts - Ballasts & Starters 10 %
Lamps & Ballasts - LED Lamps 5 %
Lamps & Ballasts - A-Lamps 10 %
Lamps & Ballasts - H.I.D. Lamps 10 %
Lamps & Ballasts - Decorative Lamps 10 %
Lamps & Ballasts - PAR Lamps 10 %
Lamps & Ballasts - Reflector Lamps 10 %
Lamps & Ballasts - Halogen Lamps 10 %
Lamps & Ballasts - Special Application Lamps 10 %
Lamps & Ballasts - Clearance - Lamps & Ballast 5 %
Lighting Fixtures - Indoor LED Fixtures 15 %
Lighting Fixtures - Outdoor LED Fixtures 10 %
Lighting Fixtures - Indoor Incandescent Ceiling Fixtures 20 % Lighting Fixtures - Emergency Lighting Fixtures 10 %
Lighting Fixtures - Ceiling Fans 15 %
Lighting Fixtures - Light Fixture Glass 10 %
Lighting Fixtures - Linear Fluorescent Fixtures 10 %
Lighting Fixtures - Bathroom Fixtures 10 %
Lighting Fixtures - Indoor Fluorescent Ceiling Fixtures 15 % Lighting Fixtures - Outdoor Fluorescent Fixtures 10 %
Lighting Fixtures - Security Lighting 10 %
Lighting Fixtures - Outdoor Incandescent Fixtures 10 %
Lighting Fixtures - Light Fixture Repair 10 %
Lighting Fixtures - Indoor Wall Fixtures 10 %
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Lighting Fixtures - Lamp Shades 10 %
Lighting Fixtures - Chandeliers & Pendants 10 %
Lighting Fixtures - Recessed & Track Lighting 5 %
Lighting Fixtures - Hospitality Portable Fixtures 10 %
Property Marketing - Banners 5 %
Property Marketing - Marketing Flags 5 %
Property Marketing - Gifts 5 %
Property Marketing - Apparel 5 %
Property Marketing - Yard Signs 5 %
Property Marketing - Key Tags 5 %
Property Marketing - A-Frame Signs 5 %
Property Marketing - Drinkware 5 %
Property Marketing - Balloons 5 %
Property Marketing - Events 5 %
Property Marketing - Indoor Banners 5 %
Raw Materials - Hardware 0 %
Raw Materials - Raw Materials 5 %
Raw Materials - Screening 5 %
Office Solutions - Storage 10 %
Office Solutions - Forms 5 %
Office Solutions - Parking Permits 5 %
Office Solutions - Paper 5 %
Office Solutions - Violations 5 %
Office Solutions - Ink/Toner 5 %
Office Solutions - Message Boards 5 %
Office Solutions - Presentation 5 %
Office Solutions - Desktop 5 %
Office Solutions - Filing 5 %
Office Solutions - Mailroom/Shipping 5 %
Office Solutions - Technology 5 %
Office Solutions - Low Tech 5 %
Office Solutions - Stationery 5 %
Office Solutions - Writing 5 %
Office Solutions - Planning/Organization 5 %
Office Solutions - Labels 5 %
Office Solutions - Note Pads 5 %
Office Solutions - Greeting Cards 5 %
Office Solutions - Binders 5 %
Office Solutions - Pool Permits 5 %
Safety Products - Hand Protection 20 %
Safety Products - Safety Apparel 10 %
Safety Products - First Aid 10 %
Safety Products - Respiratory Protection 15 %
Safety Products - Eye Protection 15 %
Safety Products - Spill Control & Containment 10 %
Safety Products - Lockout Tagout 10 %
Safety Products - Hearing Protection 15 %
Safety Products - Safety Training Materials 10 %
Safety Products - Fall Protection 5 %
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Safety Products - Traffic Safety 5 %
Safety Products - Safety Storage 10 %
Signage - Traffic Signs 5 %
Signage - Interior Signs 5 %
Signage - Specialty Signs 5 %
Signage - Exterior Signs 5 %
Signage - Sign Post 5 %
Signage - Safety Signs 5 %
Textiles - Mattress Pads Covers Toppers 5 %
Textiles - Towels 5 %
Textiles - Sheets 5 %
Textiles - Pillows And Protectors 5 %
Textiles - Blankets 5 %
Textiles - Top Of Bed 5 %
Textiles - Table Line 5 %
Textiles - Robes And Slippers 5 %
1.18 Category
18 In Store Services 0 %
Fab - Kitchen Cabinets 0 %
Fab - Countertops 0 %
Mirror/Glass Fabrication 0 %
Fab - 5/8"TF Cabinet Doors & Fronts 0 %
Fab - Cabinet Drawer Boxes 0 %
Fab - Cabinet Doors & Fronts 0 %
Bypass Doors Fabrication 0 %
Screening Fabrication 0 %
Fab-Interior Slab Bypass Doors 0 %
1.2 Do you offer a Rebate in lieu of a discount Y* (Y/N) “Rebate is offered in addition to a discount”
If annualized net purchases
are…
...the rebate paid on net
purchases will be…
over… but not
over… will be…
of the
amount
over…
$500,000 $999,999 1.00% $0
$1,000,000 $1,999,999 1.50% $0
$2,000,000 NA 2.00% $0
The rebate will be calculated at the Agency level based on its properties or facilities within its account hierarchy in HD Supply’s database. At HD Supply’s discretion, rebates will only be available to purchasers and will not include group purchasing organizations or similar entities.
The rebate percentages apply only to net purchases above the noted thresholds. Net purchases are defined as invoiced product purchases less returns, other discounted items, and invoices that are 90+ days beyond terms from all customer properties. The rebate is paid annually based on HD Supply’s fiscal calendar, which typically begins in February. Rebate payments are accompanied by a detailed report showing the purchases by property and region established in our database. Any invoices that are 90+ days beyond terms at the time of incentive calculation and payment may be excluded from incentive payments or discounts. 115
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EXHIBIT B
SCOPE OF WORK
CONTRACT FOR MAINTENANCE, REPAIR, OPERATING SUPPLIES, INDUSTRIAL SUPPLIES, AND RELATED PRODUCTS AND SERVICES (U.S. Communities)
1.0 INTENT:
The Contractor shall have a strong national presence for a vast array of supplies and equip ment necessary for maintenance and repair in residential, commercial and industrial environments for use by various public entities nationwide.
Other governmental entities under agreement with the County may have access to services provided hereunder.
The County reserves the right t o award in whole or in part, by item or group of items, by section or geographic area, or make multiple awards, where such action serves the County’s best interest.
The County reserves the right to add additional contractors, at the County’s sole discretion, in cases where the currently listed contractors are of an insufficient number or skill- set to satisfy the County’s needs or to ensure adequate competition on any project or task order work.
1.1 INTRODUCTION, BACKGROUND AND INTENT:
MASTER AGREEMENT
Maricopa County, AZ (herein “Lead Public Agency” on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and nonprofit organizations (herein “Parti cipating Public Agencies”) is soliciting proposals from qualified suppliers to enter into a Master Agreement for a complete line of Maintenance, Repair and Operating (MRO) Supplies and Industrial Supplies in a Retail and Wholes ale environment; and Related Products and Services (herein “Products and Services”).
1.2 GENERAL DEFINITION OF PRODUCTS AND/OR SERVICES
Contractors are to have the broadest possible selection of MAINTENANCE, REPAIR, OPERATING SUPPLIES AND RELATED PRODUCTS AND SERVICES they offer. The i ntent of this contract is to provide Participating Public Agencies with a comprehensive offering of products and services to meet their various needs.
1.2.1 Maintenance, Repair, Operating (MRO) Supplies and Related Services (Insta llation, Repair and Renovation) – A complete and comprehensive offering of wholesale and/or retail MRO supplies such as appliances, building materials, hardware, HVAC, kitchen and bath cabinets, janitorial supplies, landscaping equipment and supplies, moto rs, pumps, paints and coatings, plumbing, pool chemicals and supplies, hand- held general purpose tools, power tools, flooring, window coverings, and any other miscellaneous MRO supplies offered by Supplier.
In addition, a complete range of services available through the Supplier such as, but not limited to, installation, renovation services, repair services, training services and any other related services offered by Supplier.
1.2.2 Related Products and Services (Including Installation, Repair and Renovation Services) – A complete range of related products and services offered by Supplier including, but not limited to, installation, repair and renovation services for replacements, upgrades, and remodeling in the residential, commercial and industrial environment s relating to any of the following (non -inclusive): roofing, gutters, downspouts, HVAC, plumbing, electrical, exterior decks, patios and porches, exterior siding, windows and 116
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doors, interior and exterior painting, weatherization, ADA improvements, hose fabrication, hydraulic repairs, gearbox repairs, conveyor system repairs, vulcanizing, rubber fabrication, and any other types of residential, commercial and industrial environments.
2.0 SCOPE OF WORK:
2.1 MAINTENANCE, REPAIR, OPERATING SUPPLIES (MRO) AND RELATED SERVICES (INSTALLATION, REPAIR AND RENOVATION):
Provide a complete and comprehensive offering of Wholesale and/or Retail MRO supplies such as appliances, building materials, hardware, HVAC, kitchen and bath cabinets, janitorial supplies, landscaping equi pment and supplies, motors, p umps, paints and coatings, plumbing, pool chemicals and supplies, hand-held general purpose tools, power tools, flooring, window coverings, and any other miscellaneous MRO supplies offered by Supplier.
In addition, a complete range of services available t hrough the Supplier such as, but not limited to, installation, renovation services, repair services, training services and any other related services offered by Supplier.
2.2 RELATED PRODUCTS AND SERVICES (INSTALLATION, REPAIR AND RENOVATION SERVICES):
2.2.1 Any related products offered by Supplier.
2.2.2 Services may also include replacements, upgrades, remodeling; and product, turnkey and major category installations.
2.2.3 Services performed shall be non-structural in nature.
2.2.4 Products used in performing these services sh all be procured under the awarded contract, at contract prices.
2.2.5 These services may be required in the residential and commercial environments and may be any of the following (non-inclusive):
2.2.5.1 Roofing, Gutters, Downspouts
2.2.5.2 HVAC
2.2.5.3 Plumbing
2.2.5.4 Electrical
2.2.5.5 Exterior decks, patios and porches
2.2.5.6 Exterior Siding
2.2.5.7 Windows, Doors
2.2.5.8 Interior/Exterior Painting
2.2.5.9 Weatherization – Storm Windows/Doors, Insulation, Weather Stripping
2.2.5.10 ADA Improvements
2.2.6 Services:
2.2.6.1 As part of your Proposal response, detail your firm’s program in offering services including:
2.2.6.2 Providing and managing qualified contractors
2.2.6.3 Budget management in keeping projects on budget
2.2.6.4 Project management services in design, planning, organizing, scheduling and managing all stages of a project.
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2.2.7 Service Providers (Labor):
2.2.7.1 Contractor shall serve as the single point of contact between Participating Public Agencies and Service Providers.
2.2.7.2 Contractor shall verify that all Service Providers are fully licensed for the type of work being performed in the respective state(s).
2.2.7.3 Contractor shall verify each Service Provider maintains at a minimum, the levels of insurance specified under in draft contract.
2.2.7.4 Contractor shall perform a background screen of all Service Providers consisting of (at a minimum):
2.2.7.4.1 National Employee Database
2.2.7.4.2 SSN Verification
2.2.7.4.3 National Criminal Database Check
2.2.7.4.4 Two County Search
2.2.7.4.5 Sex Offender Search
2.2.7.4.6 Annual Review (National Criminal Database)
2.2.7.4.7 Two (2) Year Complete Re-Screen and Renewal
2.2.7.4.8 Financial Background
2.2.7.5 All Service Provider employees shall wear a Service Provider’s issued picture identification badge at all times.
2.3 PRODUCT CATEGORIES:
This Solicitation is to establish a nationwide purchasing agreement for the acquisition of the following products. The category descriptive examples below are not to be considered restrict ive, but rather, provide a general, non -inclusive, description of the category. These are standard use in the residential, commercial, and industrial environments. Your firm may not have the ability to provide all categories.
All products offered shall be new, unused and of the latest design and technology.
The intent is for each Proposer to submit their complete product line so that Participating Public Agencies may order a wide array of product as appropriate for their needs. You may subcontract items your firm does not supply.
2.3.1 CATEGORY 1: APPLIANCES
Large appliances: refrigerators, washers, dryers, dishwashing machines, stoves, cooktops, range hoods and ovens; TVs, DVR’s, small appliances: mixers, toasters, microwave ove ns, food processors, disposals, trash compactors, and all ancillary supplies, tools, and components.
2.3.2 CATEGORY 2: BUILDING MATERIALS
Lumber (dimensional and timber), millwork, roofing, siding, plywood, paneling, hardwood, trim, molding, fencing, decking, gates, brick, block, doors, wi ndows, bagged goods (concrete, mortar, sand, or asphalt), drywall, rebar, acoustical tiles, rain gutters, garage door openers, insulation, and all ancillary supplies, tools, and components.
2.3.3 CATEGORY 3: HARDWARE
Fasteners (nuts/bolts, screws, washers, rive ts, nails), builders hardware (hinges, gate hardware, barrel bolts/hasps, corner braces, shelf brackets, closet hardware, springs), threaded rod/steel shapes, anchors, padlocks, lock sets, wheels, casters, ball bearings, rope, chain, metal stock, dry cell batteries, fire extinguishers, signs, cabinet hardware, mail boxes, safes, drop boxes, weatherization products, and all ancillary supplies, tools, and components.
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2.3.4 CATEGORY 4: HEATING, VENTILATION, AND AIR CONDITIONING (HVAC) Equipment, package units, evap orative coolers, tools, parts, ducting, air filtration, thermostats, portable and fixed heaters, fans, and all ancillary supplies, tools, and components.
2.3.5 CATEGORY 5: KITCHEN AND BATH CABINETS
Kitchen cabinets, bath vanities, c ountertops, medicine cabinets , mirrors, and all ancillary supplies, tools, and components.
2.3.6 CATEGORY 6: JANITORIAL SUPPLIES
Cleaners, soaps, waxes, strippers, polishes, vacuums, brooms, mops, buckets, gloves, carts, paper goods, and all ancillary supplies, tools, and components.
2.3.7 CATEGORY 7: LANDSCAPING EQUIPMENT AND SUPPLIES
Lawn and landscape equipment (gasoline and electric), shovels, rakes, axes, hoes, hoses, nozzles, insect control, herbicides, fertilizers, plants, trees, sprinkler/irrigation equipment and supplies and all ancilla ry supplies, tools, an components.
2.3.8 CATEGORY 8: MOTORS/PUMPS
Fractional and full horse, starters, pulleys, belts, fans, motor controls, and all ancillary supplies, tools, and components.
2.3.9 CATEGORY 9: PAINTS AND COATINGS
All types of paints and coatings, wall paper, caulking, spray equipment, aerosol paints, pressure washers, sand blasters, finishes, abrasives, epoxy, cleaners, drywall supplies, tarps, compounds, adhesives, accessories, and all ancillary supplies, tools, and components.
2.3.10 CATEGORY 10: PLUMBING
Equipment, parts, piping and fittings, water heaters, furnaces, disposals, pneumatic piping, filters, commodes, sinks, bathtubs, showers, shower doors, faucets, water conditioning equipment, water dispensing equipment, salt, and all ancillary supplies, tools, and components.
2.3.11 CATEGORY 11: POOL SUPPLIES
Pool chemicals, tools, timers, pump/motor units, vacuum equipment, patio furniture, parts, and all ancillary supplies, tools, and components.
2.3.12 CATEGORY 12: TOOLS, HAND-HELD GENERAL PURPOSE
Hand-held (electr ic, battery, or pneumatic operated), including accessories, automotive type tools, welding equipment, testing and measuring tools, carts and hand trucks, work benches, tool cabinets, ladders, and all ancillary supplies and components.
2.3.13 CATEGORY 13: TOOLS, POWER TYPE
Electric or gas operated, mobile or stationary, bench or floor mounted, including accessories, and all ancillary supplies and components.
2.3.14 CATEGORY 14: FLOORING AND WINDOW COVERINGS
All flooring, including but not li mited to, vinyl plank, VCT, v inyl tile, ceramic tile, hardwood, carpet tile, carpet and cove base; blinds, shades, screens, window glass, mirrors, parts, and all ancillary supplies, tools, and components.
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2.3.15 CATEGORY 15: HOSPITALITY
Guest room supplies and appliances, personal care amenities, telephones, bed and bath linens, housekeeping cleaning supplies, public restroom supplies, carts, banquet and conference room supplies, guest room and suite furniture, fixtures, and equipment, pool and patio equipment, and other hospitality supplies.
2.3.16 CATEGORY 16: WATER AND WASTE WATER TREATMENT
Aeration, chart and data recorders, chemical feed, collection systems, flow metering, gauges, grounds maintenance, hose, hydrants, lab chemicals, equipment, and testing, location and leak detection, level and pressure, pipe, plugs, process analysis, pumps, sampling equipment, storm water, tanks, tools, valves, and water treatment.
2.3.17 CATEGORY 17: MISCELLANEOUS
Including, but not limited to: shelving (metal or wood composite), safety and emergency equipment, fi rst aid supplies, conditioning salt, scaffolding (purchased), packaging supplies, communication supplies, electrical supplies, lighting supplies, office products, and property management products.
2.3.18 CATEGORY 18: IN STORE SERVICES
Including, but not limited to: glass cutting, pipe threading, planning services (flooring and cabinet), verbal technical advice, special orders, rental equipment, etc.
2.4 PRODUCT ORDERING:
2.4.1 Contractors complete product line (Wholesale or Retail) shall be available for internet ordering 24/7.
2.4.2 Products may be ordered by any of the following methods:
Internet
Will Call (Phone or FAX order)
2.5 PRODUCT PRICING:
Wholesale:
Pricing shall be a fixed percentage (%) off catalog pricing by Product Category (Section
2.3 above) and a rebate on gr oss sales (see Exhibit A). Catalog price updates will be allowed once per year.
2.5.1 Discounts by product subcategory are set forth in Exhibit A - Pricing. Percentages are applied to the then-current list price. All customers will be guaranteed our published list price, minus the category discount in Exhibit A - Pricing; however, certain products requiring special processing, such as design services, may be subject to tiered pricing based on volume.
2.5.2 List price on all stocked items shall remain fixed from approximately March to March of each year. Stocked items are all items in the catalog or on the website as “next day delivery” (excluding refrigerant products and other mutually agreed upon items). New pricing for each year will be published during March of each year.
2.5.3 List price on all non-stocked items, which are items not identified in the catalog or on the website as “next day delivery ”, may be adjusted at any time without notice. 120
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The discount percentages will remain fixed for the duration of the Contract and will be applied to the list price in effect at the time of sale.
2.5.4 Discount percentages will not apply to Special Orders, Promotional Items, Renovations, Installations or Contract Priced Items. The list price may be accessed by logging in to https://hdsupplysolutions.com/ or through the Easy Order App.
Due to the uncertain impact of tariffs referenced in https://ustr.gov, pricing of stocked items may be adjusted from time to time. Any changes will be provided to County for review and approval not less than ten (10) business days prior to implementation. Any changes rejected by County in writing prior to implementation shall not be implemented, and Contractor shall have the option to make such stocked items unavailable. Failure to reject any changes prior to implementation as provide above shall be deemed express approval by County of such changes.
2.6 ON-LINE CATALOG DISCOUNT PRICING:
Presently, th e capability exists to access an on -line catalog reflecting contract pricing of all products.
2.7 RELATED PRODUCTS AND SERVICES (INSTALLATION, REPAIR AND RENOVATION SERVICES) PRICING:
2.7.1 All Participating Public Agencies shall receive a detailed written quotation for all services to be performed, and product(s) to be provided.
2.7.2 All quotations shall be for a “not to exceed” amount.
2.7.3 As an audit tool, the Contractor(s) shall provide a copy of the most current R.S. Means Bare Cost Data (including any city cost inde x adjustment) pertaining to all written quotations.
2.8 SALES REPORTING:
Describe your firm’s ability to provide detailed managem ent reporting by Participating Public Agency. Identify the level(s) (Agency, Division, Department, Individual) of reporting deta il available in the following categories:
2.8.1 Sales Dollars
2.8.2 Sales histories by manufacturer, item description, part number, quantity, NIGP codes
2.8.3 Procurement card (MasterCard or Visa brand)
2.9 BRAND NAMES:
The County reserves the right to request samples to det ermine quality and acceptability of materials bid by Contractor. In some cases, brand names have been listed in order to defin e the desired quality and are not intended to be restrictive or to limit competition. Materials substantially equivalent to those designated shall qualify for consideration.
2.10 DELIVERY, FREIGHT REQUIREMENTS:
2.10.1 All domestic ground shipments shall be FOB Dest ination, Freight Prepaid and Included .
Any handling fees shall also be included in the pricing.
2.10.2 Should a Participating Public A gency determine that rush shipping or other alternate shipping is required, it shall notify the Contractor. The Contractor sha ll determine any additional costs associated with such delivery terms and communicate that cost to the Participating Public Agency.
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2.10.3 The Proposer shall retain control for carrier selection and payment of freight charges of all goods until received by the r equesting Participating Public Agency and the contract coverage completed. The Proposer shall also file all claims for visible o r concealed damage. The Participating Public Agency will notify the Proposer of any damaged goods and shall assist the Proposer in arranging for inspection of the goods.
2.10.4 Any requests for local delivery of orders placed at local stores shall be subject to local delivery fees, if applicable.
2.10.5 Shipping and handling fees are allowable to destinations outside the continental U.S.
2.10.6 A packing list or other suitable shipping document shall accompany each shipment and shall include the following:
2.10.6.1 Contract Serial number
2.10.6.2 Contractor’s name and address
2.10.6.3 Participating Public Agency’s name and address
2.10.6.4 Participating Public Agency’s purchase order number
2.10.6.5 A description of product(s) shipped, including item number(s), quantity(ies), as applicable
3.0 PROCUREMENT REQUIREMENTS:
3.1 SHIPPING TERMS:
Bid price(s) and terms shall be F.O.B. Destination at ordering Agencies locations.
3.2 OPERATING MANUALS (If required):
Upon delivery, Contractor shall provide comprehensive operational manuals, service manuals and schematic diagrams, if required by the Using Agency.
3.3 INSTALLATION: (If required):
The Contractor’s price shall include delivery and installation of a ll equipment in a complete operating condition.
3.4 ACCEPTANCE: (If required):
Upon delivery and successful installation, the materi al(s) shall be deemed accepted and the warranty period shall begin. All documentation shall be completed prior to final accep tance.
3.5 CONTRACTOR EMPLOYEE MANAGEMENT:
3.5.1 Contractor shall endeavor to maintain the personnel proposed in their offer throughout the implementation of the Solution. In the event that Contractor personnel’s employment status changes, Contractor shall provide County a list of proposed candidates with equivalent experience with the Solution. County reserves the right to assist in the selection of the replacement candidate. Under no circumstances is it acceptable for the implementation schedule to be impacted by a personnel change on the part of the Contractor.
3.5.2 Contractor shall not reassign any provided personnel without the express conse nt of the County.
3.5.3 County reserves the right to immediately remove from its premises any Contractor personnel it determines is a risk to County operations.
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3.5.4 County reserves the right to request the replacement of Contractor personnel at any time, for any reason.
3.6 TRAINING:
The Contractor shall provide a minimum of TBD (hours or days) to completely train County personnel in the use and care of the equipment. All training is to take place on -site at Maricopa County.
3.7 WARRANTY:
3.7.1 All items furnished under th is Contract shall conform to the requirements of this Contract.
3.7.2 The warranty period for workmanship shall be for an initial period of twelve (12) months and commence upon prompt acceptance by County.
3.7.2.1 The Contractor shall indicate on the Price Sheet the d uration of the warranty and any applicable limitations or conditions which may apply.
3.7.2.2 The Contractor agrees that he will, at his own expense, provide all labor and parts required to remove, repair or replace, and reinstall any such defective workmanship w hich becomes or is found to be defective during the term of this warranty.
3.7.2.3 Notwithstanding the foregoing, with respect to mat erials provided hereunder, Contractor is a reseller of goods only, and as such does not provide any warranty for the goods it supplies hereunder. Notwithstanding this as -is limitation, Contractor shall pass through to County any transferrable manufacturer’ s standard warranties with respect to goods purchased hereunder. COUNTY AND
PERSONS CLAIMING THROUGH COUNTY SHALL SEEK RECOURSE
EXCLUSIVELY FROM MANUFACTURERS IN CONNECTION WITH ANY
DEFECTS IN OR FAILURES OF GOODS, AND THIS SHALL BE THE
EXCLUSIVE RECOURSE OF COUNTY AND PERSONS CLAIMING
THROUGH COUNTY FOR DEFECTIVE GOODS, WHETHER THE CLAIM
OF COUNTY OR THE PERSON CLAIMING THROUGH COUNTY SHALL
SOUND IN CONTRACT, TORT, STRICT LIABILITY, PURSUANT TO
STATUTE, OR FOR NEGLIGENCE. COUNTY SHALL PASS THESE
TERMS TO S UBSEQUENT BUYERS AND USERS OF GOODS.
CONTRACTOR EXCLUDES AND DISCLAIMS ALL OTHER EXPRESS
AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. CONTRACTOR ASSUMES NO
RESPONSIBILITY WHATSOEVER FOR CONTRACTOR’S
INTERPRETATION OF PLANS OR SPECIFICATIONS PROVIDED BY
COUNTY, AND COUNTY’S ACCEPTANCE AND USE OF GOODS
SUPPLIED HEREUNDER SHALL BE PREMISED ON FINAL APPROVAL
BY COUNTY OR BY COUNTY’S RELIANCE ON ARCHITECTS,
ENGINEERS, OR OT HER THIRD PARTIES RATHER THAN ON
CONTRACTOR’S INTERPRETATION, TO THE EXTENT NOT
PROHIBITED BY APPLICABLE LAW. IN NO EVENT, WHETHER IN
CONTRACT, WARRANTY, INDEMNITY, TORT (INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE,
ARISING DI RECTLY OR INDIRECTLY OUT OF THE PERFORMANCE
OR BREACH OF THESE TERMS, SHALL CONTRACTOR BE LIABLE
FOR (a) ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL,
COINCIDENTAL OR SIMILAR DAMAGES SUCH AS LOSS OF USE,
LOST PROFITS, ATTORNEY’S FEES OR DELAYED DAMAGES, EVEN IF
SUCH DAMAGES WERE FORESEEABLE OR CAUSED BY
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CONTRACTOR’S BREACH OF THIS AGREEMENT, (b) ANY CLAIM
THAT PROPERLY IS A CLAIM AGAI NST THE MANUFACTURER, OR (c)
ANY AMOUNT EXCEEDING THE AMOUNT PAID TO CONTRACTOR
FOR GOODS FURNISHED TO COUNTY WHICH ARE THE SUBJECT OF
SUCH CLAIM(S). ALL CLAIMS MUST BE BROUGHT WITHIN ONE
YEAR OF ACCRUAL OF A CAUSE ACTION.
3.8 USAGE REPORT:
The Contractor shall furnish the County a usage report upon re quest delineating the acquisition activity governed by the Contract. The format of the report shall be approved by the County and shall disclose the quantity and dollar value of each contract item by individual unit.
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16154 EXHIBIT C
FACILITIES MANAGEMENT REQUIREMENTS
Maricopa County Facilities Management operation requirements.
1.0 HOURS OF SERVICE:
1.1 REGULAR HOURS are between 6:00 AM and 6:00 PM, Monday through Friday, excluding County holidays.
1.2 AFTER HOURS is after 6:00 PM and prior to 6:00 AM, Monday through Friday.
1.3 WEEKENDS are anytime Saturday or, Sunday.
1.4 HOLIDAYS are County Holidays (See County holiday schedule attachment).
1.5 Services shall be available 24 hours per day, 7 days per week, 365 days per year.
1.6 Contractor shall provide 24 hours per day, 7 days per week, 365 days per year telephone access, and respond to a call for services within thirty (30) minutes of receipt.
2.0 RESPONSE TIMES:
2.1 During REGULAR HOURS, AFTER HOURS, WEEKEND or HOLIDAYs, Contractor shall respond on-site within four (4) hours of receipt of a service request.
2.2 If the request is designated by the County as an EMERGE NCY, the contractor shall respond on - site within two (2) hours of receipt of a service request regardless of the time of day, WEEK END or HOLIDAY.
3.0 TRIP CHARGE:
Trip charges are permitted when time and material work is requested at the following sites only:
3.1 MCSO Lake Aid Stations (Apache, Bartlett, Blue Point, Canyon and Saguaro)
3.2 County offices located in Gila Bend, AZ
3.3 County offices located in Buckeye, AZ
3.4 County offices located in Aguila, AZ
3.5 Only one trip charge may be charged per service call.
3.6 If the contractor arrives onsite and is unable to locate a County representative familiar with the work or unable to gain access to the work site, the Contractor may only bill for a trip charge (maximum one time daily trip charge not to exceed $50.00). The Cont ractor is not authorized to incur nor will the County accepting billing for any labor charges.
4.0 CONTRACTOR REQUIREMENTS:
4.1 Contractor(s) shall supply all labor, supervision, materials, tools, equipment, and effort necessary to perform the Scope of Work presented.
4.2 The Contractor’s service truck fleet and/or warehouse shall carry sufficient supply of repair parts and equipment to perform services per Scope of Work presented. 125
SERIAL 16154-RFP
4.3 The Contractor agrees to utilize only experienced, responsible and capable people in th e performance of the work.
4.4 All employees of the Contractor shall wear a company uniform identified with the company name consisting of a minimum of one of the following:
4.4.1 Shirt/blouse
4.4.2 Vest
4.4.3 Cap
4.5 No one except authorized employees of the Contractor is allowed on the premises of Maricopa County. Contractor’s employees are NOT to be accompanied in their work area by acquaintances, family members, assistants, or any other person unless said person is an authorized employee of the Contractor.
4.6 The Contractor shall perform the work in a way to minimize disruption to the normal operation of building occupants. Upon completion of work the Contra ctor shall clean and remove from the job site all debris, materials and equipment associated with the work performed.
4.7 Contractor shall adhere to all regulations, rules, ordinances, and standards set by Federal, State, County, and Municipal governments pertaining to safety on the job site.
5.0 BUILDING SECURITY (KEYS):
5.1 The Contractor may be provided keys to required County Facilities at the discretion of FMD.
Keys may be acquired by:
5.2 The Contractor being provided permanent key(s), wherein the Contractor veri fies receipt of and accepts responsibility for keys. The keys must be returned at the completion of the work or at the direction of FMD. Keys not returned may cause the County to re -key the ENTIRE building or locations that the set of keys opened with the cost being borne by the Contractor.
5.3 In lieu of or in addition to keys, the Contractor may be provided card access badges at the discretion of FMD.
5.4 The Contractor shall notify FMD within twenty- four (24) hours if any keys are lost, misplaced, stolen or otherwise not within the Contractor’s control.
5.5 Once the Purchase Order is complete, expired, or terminated the Contractor shall immediately return all badges and keys to FMD.
6.0 SALVAGE:
Salvage rights shall be evaluated on a project by project basis by the C ounty and shall be determined prior to incorporation in the contractor’s bid price. Salvage rights automatically apply for all work if in the best interest to the County. Salvageable materials without pre- approved contractor salvage rights shall be securely stored and are not to be transported off the site without written permission from Maricopa County.
If contractor is given s alvage rights, salvageable materials shall be removed daily. No on site storage of contractor’s salvaged materials will be permitted.
7.0 INVOICES AND PAYMENTS:
Invoices are required to contain the following information and should be e -mailed to FMD- [email protected] If invoices cannot be e -mailed, U.S. Mail is acceptable to Maricopa County Facilities Management, Accounts Payable, 401W. Jefferson, Phoenix, Arizona 85003.
7.1 Company name, address and contact information
7.2 County bill-to name and contact/requestor information 126
SERIAL 16154-RFP
7.3 Building Name and Building Number
7.4 County purchase order number
7.5 County contract number
7.6 Maximo (FMD) service call number
7.7 Invoice number and date
7.8 Date of service or delivery
7.9 Description of Purchase (services performed)
7.10 Labor breakdown: rate per hour x no. of hours by personnel type (time & materials)
7.11 Material breakdown: itemized parts list to contain unit price x quantity, indicating mark -ups as contracted (time & materials)
7.12 Arrival and completion time
7.13 Total Amount Due with tax amounts separated. Must also clearly indicate the tax rate being applied
7.14 Payment Terms
For Time & Material work, Contractor(s) must provide, all equipment, expendable shop supplies (rags, cleaners , solvents, gasses, etc.), miscellaneous parts (screws, bolts nuts, small items etc.), tools, etc. necessary to perform all the required services. Contractor(s) are allowed a one- time Misc. Shop fee charge of up to $25.00 per work order to cover these type of expenses. Anything beyond the $25 limit, will be provided at the contractor’s own expense.
8.0 CONTRACTOR EMPLOYEE BACKGROUND CHECK:
A background check is required for al l Contractor employees providing services to the County. The cost of this service shall be incurred by the County. No Contractor employee may access County property without approval of FMD.
127
SERIAL 16154-RFP
16154 EXHIBIT C
FACILITIES MANAGEMENT REQUIREMENTS
Maricopa County Facilities Management operation requirements.
1.0 HOURS OF SERVICE (any fluctuations to these hours will be handled in the Solicitation):
1.1 REGULAR HOURS are between the hours of 6:00 a.m. and 6:00 p.m., Monday thr ough Friday, excluding County holidays.
1.2 AFTER HOURS are between the hours of 6:00 p.m. and prior to 6:00 a.m., Monday through Friday.
1.3 WEEKENDS are anytime on a Saturday or a Sunday.
1.4 HOLIDAYS are County holidays.
1.5 Services shall be available 24 hours per day, 7 days per week, 365 days per year.
1.6 The Facilities Management Parts Warehouse is open for deliveries between the hours of 7:00 a.m. to 3:00 p.m. weekdays except for County holidays.
2.0 BEGINNING OF WORK:
2.1 Contractor shall provide 24 hours per day, 7 days per week, 365 days per year telephone access, and respond to a call for services within thirty (30) minutes of receipt via phone or email.
2.2 During REGULAR HOURS, AFTER HO URS, WEEKEND or HOLIDAYs, Contractor shall respond on- site to begin work within four (4) hours of receipt of a service request unless arranged for a later date/time with the County per the work order or notice to proceed.
2.3 The four (4) hour response time sh all carryover to the next working day if called into Contractor’s office as a non-emergency call after 2:00 p.m. The Contractor will be required to begin work by 8:00 a.m. the following day.
2.4 Contractors shall respond to EMERGENCY requests immediately and r eport on -site to begin work within two (2) hours service call request regardless of the t ime of day, WEEKEND or HOLIDAY.
3.0 TRIP CHARGE:
One-time trip charges of $50.00 (one per work order) are permitted when Time and Materials work is requested at the following sites ONLY:
3.1 MCSO Lake Aid Stations (Apache, Bartlett, Blue Point, Canyon and Saguaro)
3.2 County offices located in Gila Bend, AZ
3.3 County offices located in Buckeye, AZ
3.4 County offices located in Aguila, AZ
4.0 DEAD END CHARGE:
If the C ontractor is unable to locate a County representative familiar with the work or is unable to gain access to the wor k site, the Contractor shall call the County Boiler Room (602- 506-3310). The 128
SERIAL 16154-RFP
Boiler Room technician will give C ontractors further instruction at this time. If the Contractor is delayed or turned away, a $50.00 trip charge shall be authorized by the Count y.
5.0 CONTRACTOR REQUIREMENTS:
5.1 Contractor shall provide and maintain during the entire period of this contract, all labor, supervision, materials, effort, tools, and equipment sufficient in number, condition and capacity to efficiently perform the work and render the services required by this contract.
Contractor shall provide evidence of his ability to furnish equipment and personnel. The Contractor’s service truck fleet and/or warehouse shall carry sufficient supply of repair parts and equipment to perform services per Scope of Work presented.
5.2 The Contractor shall perform the work in such a way as to minimize disruption to the normal operation of the County site and building occupants. Upon completion of work, the Contractor is responsible for cleaning and removing from the job site; all debris, materials, and equipment associated with the work performed and County property is restored to the same condition prior t o start of the job. Such disturbances may include, but are not limited to: loose dirt, dislocate d gravel; removed vegetation; footprints; old asphalt/concrete; etc.
Documentation will be performed through an audit and feedback system of contract administration. If an inspection reveals that the Contractor failed to clean up after work has been perfor med, the County will notify the Contractor of the discrepancy and the Contractor will have twenty -four (24) hours to make the needed correction. Should the Contractor fail to correct noted issues, the County reserves the right to make other arrangements to have the area cleaned and the cost of such work shall be offset from any monies due the Contractor.
5.3 The Contractor shall perform all services in such a manner that does not damage County property. In the event damage occurs to County property, or any ad jacent property due to any services performed under this contract, the Contractor shall notify the County representative immediately of damages and replace or repair the same at no cost to the County. If damage caused by the Contractor has to be repaired o r replaced by the County, and the cost of such work shall be deducted from the monies due the Contractor.
5.4 Contractor’s bidding on this solicitation may visit th e sites to determine conditions that would affect prices and work performance. As some sites do have internal restrictions, a site visit may be scheduled if necessary. See GIS link for site directions:
https://gisportal.maricopa.gov/FMD/Facility/Index.html
.
5.5 Contractors must have a facility sufficient to support the work contemplated by this contract within fifty (50) miles of 401 W. Jefferson St., Phoenix AZ 85003.
5.6 The County will inspe ct vendor facilities prior to award and reserves the right to make award based on the condition and quality of vendor facilities and equipment.
5.7 The Contractor agrees to utilize only experienced, responsible, and capable people in the performance of the work.
5.8 All vehicles used by Contractor shall be clearly identified with the name of the company on each side of the equipment, including personnel transportation vehicles. The letters shall be of such size that they are distinguishable from a reasonable distance.
5.9 All employees of the Contractor shall wear a company uniform identified with the company name consisting of a minimum of one of the following:
• Shirt/blouse
• Vest
• Cap
129
SERIAL 16154-RFP
5.10 Only authorized employees of the Contractor are allowed on the premises of Maricopa County. Contractor’s employees are NOT to be accompanied in their work area by acquaintances, famil y members, assistants, or any other person unless said person is an authorized employee of the Contractor.
5.11 All work must comply with EPA, OSHA, and any State, County, or local regulations in effect at each service location. Contractor shall adhere to all regulations, rules, ordinances, and standards set by Federal, State, County, and Municipal governments pertaining to safety on the jobsite. If the Contractor is found not to be in compliance with Federal, State, County, and/or Municipal safety rules, ordina nces, policy, procedure, or codes, the County may, in accordance with the “Suspension of Work” clause of the contract, suspend the work without cost to the County until such non- compliant issues are rectified to the satisfaction of the Using Agency. Continued non-compliance may result in termination.
6.0 BUILDING ACCESS:
6.1 The Contractor may be provided access to County Facilities at the discretion of Facilities Management. Keys, badges, or access cards will be provided per the following guidelines:
6.2 Contractor employees may sign out a set of keys (all looped on a single key ring) upon arrival at site, and must turn -in key set after completion of duties unless they are issued a permanent key.
6.3 Permanent keys may be provided to Contractor employees on a case -by-case basis. Should an employee leave the Contractor’s work force, Contractor must immediately notify the County and keys, badges, and access cards must be returned to the County.
6.4 The Contractor shall notify the County within twenty -four (24) hours if any key s, badges, or access cards are lost, misplaced, stolen or otherwise not within the Contractor’s control.
6.5 Once this Contract is complete, expired, or terminated, the Contractor shall immediately return all keys, badges, or access cards to the County.
6.6 Failure to comply with these requirements may result in the Contractor being assessed the cost of replacing keys or access cards and any associate d cost to ensure the security of County facilities including but not limited to, re -keying the ENTIRE building at the expense of the Contractor.
7.0 SALVAGE:
Salvage and trade -in rights shall be evaluated on a project -by-project basis by the County and shall be determined prior to incorporation in the Contractor’s bid price. Salvageable materials without pre-approved Contractor salvage rights shall be securely stored and are not to be transported off the site without written permission from Maricopa County. If Contractor is given salvage rights, salvageable materials shall be removed daily. On -site storage of Contractor’s salvaged materials is not permitted.
8.0 DELIVERY:
8.1 Delivery shall be made to the County no later than 3:00 p.m. on the seventh (7 th) calendar
day after order is received.
8.2 Exceptions to delivery schedule will be special order items that must be identified to the County.
8.3 Maricopa County reserves the right to obtain material on the open market in the event vendors fail to make delivery and charge any price differential to the vendor. 130
SERIAL 16154-RFP
8.4 Delivery will be made to the following address:
FACILITIES MANAGEMENT DIVISION (FMD) WAREHOUSE
2401 S. 28th Dr.
Phoenix, AZ 85009
Warehouse Manager: 602-506-1935
Warehouse Specialist: 602-506-1943
Receiving hours: 7:00 a.m. – 3:00 p.m.
9.0 FACILITIES MANAGEMENT INVOICES AND PAYMENTS:
9.1 Payment terms shall be calculated based on the date of a properly completed invoice.
9.2 Contractors shall provide the County with invoices no later than fourteen (14) days after all services and delivery of goods are complete and accepted by the County rendered final.
9.3 Invoices should contain all of the following information at a minimum:
• Company name, address and contact information
• County bill-to name and contact/requestor information • Building name and building number
• County purchase order number
• Contract or BidSync agreement number
• Maximo (Facilities Management) work order number
• Invoice number and date
• Date of service or delivery (for Project work: use “Completion date”) • Description of services performed
• Line item description of parts and materials (Time and Materials work) • Line item labor breakdown: ar rival and completion time, rate per hour x no. of hours by personnel type (Time & Materials work)
• Total amount due with tax amounts separated (Time and Materials work). *On a separate line, clearly indicate the tax rate being applied • Payment Terms as stated in the Contract
9.4 Questions regarding billing or invoicing shall be directed to the email address below.
9.5 Invoices shall be e-mailed to: [email protected]
9.6 If invoices cannot be e-mailed, send by mail to:
Maricopa County Facilities Management – Accounts Payable 401 W. Jefferson St.
Phoenix, Arizona 85003
131
SERIAL 16154-RFP
9.7 Payment shall be made to the Contractor by the Accounts Payable/Finance department through an Electronic Funds Transfer (EFT) process. After Contract Award the Contractor shall complete the Contractor Registration Form located on the County Department of Finance Contractor Registration Web Site (http://www.maricopa.gov/922/Vendors).
9.8 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details.
132
SERIAL 16154-RFP
HD SUPPLY FACILITIES MAINTENANCE LTD., PO BOX 509058, SAN DIEGO, CA 92150-9058
PRICING SHEET: NIGP CODE 45041
Terms: 2% 10 DAY NET 30 DAYS
Vendor Number: VC0000004973
Certificates of Insurance Required
Contract Period: To cover the period ending December 31, 2021 2026.
133
2.52.328 Cooperative Procurement Justification
Section 2.52.328 of the City of Richmond’s Procurement code specifically allows the awarding of contracts without following normal bidding procedures when the services are acquired from, or in cooperation with, another government agency that has acquired the services through competitive bidding.
A piggyback purchase with HD Supply Facilities Maintenance is in RHA’s best interest for the following reasons:
• Facilities maintenance, lighting products, industrial supplies and tools were competitively solicited.
• It is very time consuming and costly to issue a competitive solicitation for Maintenance and hardware supplies.
• The City will not prepare a contract because there are no services required. All products will be purchased with a credit card/purchase order.
134
June 6, 2023
Richmond Housing Authority
Economic Development
DATE: June 6, 2023
TO: Chair Martinez and Members of the Richmond Housing
Authority Board of Commissioners
FROM:
Nannette Beacham, Director of Economic Development
Gabino Arredondo, Interim Richmond Housing Authority
Executive Director
Subject:
Amendment of Authorized Signatures on Richmond
Housing Authority Mechanics Bank Depository and
Checking Accounts
FINANCIAL IMPACT: None.
PREVIOUS COUNCIL
ACTION:
January 19, 2021
STATEMENT OF THE
ISSUE:
Richmond Housing Authority needs to revise the list of
authorized signatures positions to the Mechanics Bank
Depository and Checking Accounts.
RECOMMENDED ACTION:
ADOPT a resolution removing the former City of
Richmond Accounting Manager Delmy Cuellar, updating
Nannette Beacham’s title to Director of Economic
Development, and adding Interim Richmond Housing
Authority Executive Director Gabino Arredondo, City of
Richmond Deputy Director of Finance Mubeen Qader,
Accounting Manager Jerry Chak, and Deputy City
Manager Nickie Mastay as authorizing signatory on the
Mechanics Bank depository and checking accounts -
Richmond Housing Authority (Gabino Arredondo 510-
621-1300).
AGENDA
REPORT
135
June 6, 2023
DISCUSSION:
The Richmond Housing Authority (RHA) is required to have at least two signatures on all required bank depository and checking accounts. The signature cards need to be updated because of personnel changes, and Mechanics Bank requires the adoption of a Board resolution to update signature cards. The list of authorized signatures positions on the Mechanics Bank accounts must be updated to facilitate continued processing of RHA payroll, accounts payable, and other transactions.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
136
Reso. No. XXXX
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING
AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, REVISING THE LIST
OF AUTHORIZED SIGNATURES TO MECHANICS BANK DEPOSITORY AND
CHECKING ACCOUNTS BY DELETING THE FORMER CITY OF RICHMOND
ACCOUNTING MANAGER DELMY CUELLAR, UPDATING NANNETTE
BEACHAM’S TITLE TO DIRECTOR OF ECONOMIC DEVELOPMENT, AND
ADDING INTERIM RICHMOND HOUSING AUTHORITY EXECUTIVE DIRECTOR
GABINO ARREDONDO, CITY OF RICHMOND DEPUTY DIRECTOR OF FINANCE
MUBEEN QADER, ACCOUNTING MANAGER JERRY CHAK, AND DEPUTY CITY
MANAGER NICKIE MASTAY
WHEREAS, the Richmond Housing A uthority (RHA) is required to maintain and periodically update the List of Authorized Signatures of Housing Authority and City employees authorized to make deposits or withdrawals of funds with Mechanics Bank; and
WHEREAS, the RHA needs to revise the authorization list of positions due to personnel changes in order to make deposits or withdrawals of funds with Mechanics Bank.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE
HOUSING AUTHORITY OF THE CITY OF RICHMOND, COUNTY OF CONTRA COSTA, STATE OF CALIFORNI A that the RHA hereby amends the Changes to List of Authorized Signatures to delete Delmy Cuellar , Accounting Manager , updating Nan nette Beacham’s title to Director of Economic Development, and adding Interim Richmond Housing Authority Executive Director Gabino Arredondo, City of Richmond Deputy Director of Finance Mubeen Qader, Accounting Manager Jerry Chak, and Deputy City Manager Nickie Mastay.
BE IT FURTHER RESOLVED THAT the following Housing Authority and City officers holding the title(s) specified herein below or their successors in office are hereby authorized to order the deposit or withdrawal of funds with Mechanics Bank and may execute and deliver any and all documents necessary or advisable in order to effectuate the purposes of this resolution and the transactions contemplated hereby:
Gabino Arredondo Interim Richmond Housing Authority Executive Director Nannette Beacham Director of Economic Development
Mubeen Qader Deputy Director of Finance
Jerry Chak Accounting Manager
Nickie Mastay Deputy City Manager
*********************
The foregoing resolution was passed and adopted by the Commissioners of the Housing Authority of the City of Richmond at a special meeting thereof held on June 6, 2023, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Chairperson
137
Reso. No. XXXX
[SEAL]
Attest:
Secretary
Approved as to form:
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. XXXX finally passed and adopted at a Special Housing Authority Meeting held on June 6, 2023.
____________________________________
CLERK OF THE HOUSING AUTHORITY
138
I-80 Pavement Rehabilitation Project
Contra Costa County, Project 3J070
1 139
Project
Location
This project is in Contra Costa
County on Interstate 80 (I-80)
from the State Route 4
separation (Post Mile 10.1) in
Hercules, to the Carquinez
Bridge (Post Mile 13.5), in
Crockett.
140
Project Need
The existing pavement
exhibits signs of distress,
resulting in poor ride
quality and the potential
for pavement failure.
3 141
Project
Purpose
To extend the service life
of the pavement and
enhance highway safety.
4 142
Project
Scope
26 lane-miles of pavement resurfacing and restoration for the mainline freeway and ramps within the project limits
Electrical, Drainage, signing work
Upgrading curb ramps at ramp termini to be ADA compliant Construction Capital Cost is $50m
State Highway Operations & Protection Program (SHOPP) & SB1 funding
5143
Scheduled
Closures
I-80 Weekend Closures
Eastbound (56 hours each weekend)
July 21, Friday (9:00pm) – July 24, Monday (5:00am)
August 4, Friday (9:00pm) – August 7, Monday (5:00am) August 18, Friday (9:00pm) – August 21, Monday (5:00am) Westbound (104 hours) – Labor Day Weekend
August 31, Thursday (9:00pm) – September 5, Tuesday (5am) 144
Need for
Full Closure
Removal of existing paving
and installation of
Continuously Reinforced
Concrete Pavement (CRCP)
is a labor and equipment
intensive operation.
Safety of Caltrans and
Contractor staff.
Safety of travelling public.
Performing weeks of
overnight work in each
weekend.
STEP 1: Demolition STEP 2: Base preparation
STEP 4: Concrete placementSTEP 3: Reinforcing steel
145
Benefits of
CRCP
4 weekend closures vs. Over 120
nights of closures
Project should finish in late 2023
instead of late 2024.
Improved ride quality now - CRCP
has no joints.
Improved ride quality later – less
likely to crack / settle / rock in
future due to reinforcing steel.
146
Traffic
Management
Plan
• Regional Changeable Message Sign
(CMS) Deployment
• Detours
• Outreach Effort
9 147
Regional
CMS
Deployment
10 148
Regional
CMS
Deployment
Eastbound I-80 Closure
11 149
Westbound I-80 Closure
12 Regional
CMS
Deployment
150
Major Regional
Detours for
EB 80
Eastbound I-80 Closed at SR4
Oakland / SF Area traffic
diverted to EB SR24 to NB I-680
or EB SR4 to I-5
San Jose / Hayward Area traffic
diverted to EB 580 to I-5
13 151
Regional
Detours for
EB 80
Eastbound I-80 Closure
14 152
Major
Regional
Detours
for WB 80
Westbound I-80 Closed at
I-780
Vacaville / Fairfield Area
traffic diverted to SB I-680
from I-80 in Cordelia
Tahoe/Sacramento Area
traffic diverted to SB I-5 to
WB SR4 or WBI-580
15 153
Regional
Detours for
WB 80
16 Westbound I-80 Closure
154
Outreach
Effort
• Caltrans will notify public via:
• City Council Meetings
• Radio/TV Station News
• Paid Media Advertisements
• Caltrans Website
• Social Media (Caltrans & Cities)
• Press Release/Traffic Advisories
155
Outreach
Effort
Website &
Contacts
For Additional project information:
• Caltrans CC 80 Pave Project Website
www.CC80pave.com
• Contacts:
Vince Jacala
Caltrans Public Affairs Branch Chief
[email protected]
(510) 286-5206
Bart Ney
Caltrans Public Affairs Office Chief
[email protected]
156
Questions & Comments
19 157
Cc21Mar2023 – sl/prc
RICHMOND, CALIFORNIA, March 21, 2023
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
____________________________________________________________________
A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Richmond City Council Evening Open Session was called to order at 4:44 p.m. by Mayor Eduardo Martinez.
B. ROLL CALL
Present: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez
Absent: None.
C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
One Case
C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Michael Beamer v. City of Richmond, et. al., Superior Court of Contra Costa County, Case no. C20-02096
Winehaven v. City of Richmond
Guidiville Rancheria of California, et al. v. United States of America, et al.
North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
City of Richmond v. Pacific Gas & Electric
C.3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: South 45th Street to the west, Wall Avenue to the south, Interstate 80 to the east, and the BART tracks to the north Agency negotiators: Anita Luck, Lina Velasco, and Jesus Morales Negotiating parties: Miraflores Community Devco, LLC
Under negotiation: Price and terms of payment
C.4 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:
1. SEIU Local 1021 Full Time Unit and Part Time Unit
2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units
3. Richmond Police Officers Association RPOA
4. Richmond Police Management Association RPMA
158
Cc21Mar2023 – sl/prc
5. IAFF Local 188
6. Richmond Fire Management Association RFMA
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session Agenda only)
The following individuals gave comments in-person: Jeffrey Fields, Issac Martinez, Kevin Tisdell, and Sheila Williams. There were no speakers via teleconference.
E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 4:54 p.m. Closed Session adjourned at 7:43 p.m.
F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 7:52 p.m. by Mayor Martinez.
G. PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance to the Flag.
H. ROLL CALL
Present: Councilmembers Bana, Jimenez, Robinson, Willis, Zepeda, Vice Mayor McLaughlin, and Mayor Martinez. Absent: None.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. AGENDA REVIEW
Item R.1 (Addition of Staff to the Mayor’s Office to expand City Council capacity for the budget process) was continued to the March 28, 2023, City Council meeting. Item P.8.c (Contract with Witt O’Brien’s, LLC for Consulting Services Related to American Rescue Plan Act (ARPA) Funds) was removed from the Consent Calendar for discussion at the end of the agenda.
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
Item C. 1 (anticipated litigation) one case was not discussed.
Item C.2 (existing litigation) the council voted for staff to proceed with settlement negotiations concerning the Michel Beamer case. Staff gave a brief report regarding the Winehaven matter. Staff gave a status report on negotiations concerning the Pacific Gas & Electric matter.
Item C.3 (real property negotiations) staff gave a status report regarding Mira Flores and direction was given for negotiations.
Item C.4 (labor negotiations) direction was given to continue negotiations.
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl acknowledged all city staff that responded to the atmospheric weather conditions. Ms. Curl urged the community to contact emergency services at 911 for urgent weather matters. Ms. Curl announced the Richmond Recreation Division was hosting the Spring Egg Hunt on April 1, 2023, at Nicholl Park, and to call (510) 620-6793 with questions.
159
Cc21Mar2023 – sl/prc
Public Works Director Daniel Chavarria introduced the following new members of the Public Works Department: Public Works Deputy Director Robert Armillo, Senior Civil Engineer Wendy Wellbrock, Capital Projects Manager Josef Munoz, and Senior Civil Engineer Ken Cheng.
Chief of Police Bisa French introduced Police Officer Terry Thomas who was assigned as the new City Council meetings liaison.
M. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS) (limited to two minutes per Councilmember) (public comment allowed under Open Forum) Vice Mayor McLaughlin announced that the City of Richmond’s Annual Literacy Festival was on April 29, 2023, in the Richmond Civic Center Plaza.
Councilmember Bana reported that the City of Richmond was working on a Local Hazard Mitigation Plan. Councilmember Bana invited the community to participate in the process because the Federal Emergency Management Agency only provided funds for hazards that were already identified in the plan. Councilmember Bana announced that citizen groups were working on a Point of Sale Ordinance and invited Public Works, the Fire Department, and community groups to ensure wildfire and mudslide dangers were minimized with the correct vegetation management and fuel reduction.
Councilmember Zepeda announced that the Richmond Shimada Friendship Commission was hosting visitors from Shimada. Councilmember Zepeda invited the community to meet the visitors at the Sayonara Party at the Mechanics Bank Hilltop branch on Monday, March 27, 2023. Councilmember Zepeda also announced that there were two vacancies on the Richmond Shimada Friendship Commission. Councilmember Zepeda reported that the Richmond Economic Development Commission was working on the city's Annual Taste of Richmond event and encouraged small business restaurant owners to reach out to the city for participation. Councilmember Zepeda announced that the Environmental and Community Investment Agreement Commission was seeking members to join. Councilmember Zepeda thanked the staff for going above and beyond for the residents during the weather storm.
N. REPORT FROM THE REIMAGINING TASK FORCE - 3rd Tuesday (public comment allowed under Open Forum)
No report.
O. OPEN FORUM FOR PUBLIC COMMENT
The following individuals gave comments in-person:
Gonzalo Ochoa announced that the 23rd Street Merchant Association was hosting the Richmond Cinco de Mayo event on May 7, 2023.
Mark Wassberg expressed concerns regarding the Supreme Court's potential ruling regarding transgenders and women's sports. Mr. Wassberg gave comments against pedophilic behavior. Mr. Wassberg also gave comments regarding Item P.3.a (Resolution in support of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women).
There were no speakers via teleconference.
P. CITY COUNCIL CONSENT CALENDAR
Motion by Councilmember Willis
Seconded by Councilmember Zepeda
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To approve all items on the Consent Calendar excluding Item P.8.c (Contract with Witt O’Brien’s, LLC for Consulting Services Related to American Rescue Plan Act (ARPA) Funds).
Ayes (7): Councilmember Bana, Councilmember Jimenez, Councilmember Robinson, Councilmember Zepeda, Councilmember Willis, Vice Mayor McLaughlin, and Mayor Martinez
Passed (7 to 0)
P.1 City Attorney's Office
P.1.a Approval of Settlement Agreement in Angotti & Reilly (A&R) v. City (dispute regarding BTA Center contract) and Rescind Termination for Cause of A&R.
APPROVE a Settlement Agreement with Angotti & Reilly (A&R); and RESCIND the August 19, 2022 termination of the A&R contract for the Booker T. Anderson construction – City Attorney’s Office (Dave Aleshire 510-620-6509).
P.2 City Clerk's Office
P.2.a City Council Meeting Minutes
APPROVE the minutes of the Richmond City Council February 21, 2023, meeting, and the special and regular meetings on February 28, 2023, - City Clerk's Office (Pamela Christian 510-620-6513).
P.3 City Council
P.3.a Resolution in support of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
ADOPT resolution in support of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) - Councilmembers Soheila Bana (510-620-6743), Melvin Willis (510-412- 2050) and Vice Mayor Gayle McLaughlin (510-620-6363).
Adopted Resolution No. 28-23
P.4 Community Development
P.4.a Terraces at Nevin Fee Deferral Amendment
APPROVE an Amendment to the Terraces at Nevin fee deferral agreement correcting the referenced amount of total impact fees due to ensure proper documentation and accurate records for said agreements recorded against the subject properties – Community Development Department (Lina Velasco/Chris Castanchoa 510-620-6764).
P.4.b Contract Amendment No. 7 with WSP USA Environmental & Infrastructure, Inc.
APPROVE a contract amendment no. 7 with WSP USA Environmental & Infrastructure, Inc. (formerly Wood Environment & Infrastructure Solutions, Inc.) to increase the contract amount by $163,800, for a total amount not to exceed $1,018,550, through August 31, 2024, to continue to complete ongoing environmental support, including groundwater monitoring, the replacement of a damaged groundwater monitoring well, and the completion of a tidal study at the Terminal One site in compliance 161
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with the clean-up order issued by the Regional Water Quality Control Board – Community Development Department (Lina Velasco 510-620- 6841).
P.4.c Legal Services Agreement with Civica Law Group, APC for Code Enforcement Legal Services and to Continue the City’s Health and Safety Receivership Program
APPROVE a legal services agreement with Civica Law Group, APC, in an amount not to exceed $485,600.44, for a term beginning March 7, 2023, to June 30, 2024, since the attorneys the City currently retained for code enforcement and receivership services moved from Silver & Wright, LLP, and formed a new law firm, Civica Law Group, APC - Community Development Department (Lina Velasco 510-620-6706).
P.5 Economic Development
P.5.a Sole-Source Contract with Remediation Risk Management, Inc.
APPROVE a sole-source contract with Remediation Risk Management, Inc. for the continued environmental management work of the City’s corporation yard as required by the State of California Regional Water Quality Control Board, in an amount not to exceed $182,446, with a term from July 1, 2022, through June 30, 2025 – Economic Development Department (Nannette Beacham/Craig Murray 510-307-8177).
P.5.b Shields Reid Park Renovation Public Art Project
APPROVE contracts with the following five artists to design, fabricate, and install large scale artworks for the Shields Reid Park Renovation Project, in a total amount not to exceed $580,000, for a term beginning March 22, 2023, and ending June 30, 2026: James Moore in the amount of $70,000; Edwin Marmanillo in the amount of $90,000; Alexandra Bowman in the amount of $110,000; Javier Rocabado in the amount of 110,000; and Lewis Watts in the amount of $200,000 – Economic Development Department (Nannette Beacham 510-621-1306/Winifred Day 510-620-6952).
P.6 Finance Department
P.6.a Sole-Source Contract with GovInvest, Inc. for Financial Software and Consulting Services
APPROVE a three-year sole-source contract with GovInvest, Inc., in a total contract amount not-to-exceed $336,400, with a term from March 22, 2022, through June 30, 2026, for software and consulting services related to their Pension, OPEB, Labor Costing, and Financial Forecasting modules – Finance Department (Nickie Mastay/Mubeen Qader 510-412- 2077).
P.6.b Contract to Provide a Ten-Year Revenue Forecast.
APPROVE a contract with Beacon Economics to provide a ten-year revenue forecast for Property Tax, Sales Tax, Utility User Tax, Documentary Transfer Tax, and Business Tax, in an amount not to exceed $60,000, with a term beginning March 22, 2023, and ending June 30, 2026, with a two-year option to renew at $20,000 per year – Finance Department (Nickie Mastay/Antonio Banuelos 510-620-6741). 162
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P.6.c Investment and Cash Balance Report, and Monthly Overtime Reports for the Month of January 2023
RECEIVE the City’s Investment and Cash Balance Report and monthly Overtime Reports for the month of January 2023 – Finance Department (Nickie Mastay/Mubeen Qader 510-412-2077).
P.7 Information Technology
P.7.a Contract with Contra Costa Electric
APPROVE a sole-source contract with Contra Costa Electric in an amount not to exceed $26,500, for emergency repair and maintenance of the City Hall backup generator transfer switch, with a term from March 22, 2023, through June 30, 2023 – Information Technology Department (Sue Hartman 510-620-6874/Daniel Chavarria 510-620-5478).
P.7.b Resolution for Technology Related Services with Esri ADOPT a resolution renewing standing orders, establishing outline agreements for technology related services from Esri, and authorizing the City Manager to negotiate and execute licensing, maintenance, procurement agreements and purchase orders on forms acceptable to the City Attorney in an amount not to exceed $250,000 per year for fiscal years 2023-2024 through 2026-2027 - Information Technology Department (Sue Hartman 510-620-6874).
Adopted Resolution No. 29-23
P.7.c Second Amendment to the Agreement with Superion, LLC for the Continued Licensed Use of the TRAKiT
APPROVE a Second Amendment to the Agreement with Superion, LLC for the continued licensed use of the TRAKiT permitting, business licensing, code enforcement, and Citizen Response Management (CRM), extending the term from April 1, 2023, through March 31, 2024, and increasing the contract payment limit by $51,462.92, for a new total contract compensation amount not to exceed $410,046.35 – Information Technology Department (Sue Hartman 510-620-6874).
P.8 Library and Community Services
P.8.a Three-year Contract with Universal Safety & CPR Solutions to Provide Hazardous Materials Training and HAZWOPER 40 Certifications APPROVE a three-year contract with Universal Safety & CPR Solutions, in an amount not to exceed $31,000, with a term from July 1, 2022, through June 30, 2023, to provide hazardous materials training and HAZWOPER 40 certifications at the RichmondBUILD facility – Community Services Department, Employment & Training (LaShonda White/Tamara Walker/Fred Lucero 510-621-1562).
P.8.b Contract with Rubicon Programs Funded by the California for All Youth Grant
APPROVE a sole-source contract with Rubicon Programs to train Richmond job seekers in blight removal and neighborhood revitalization through the Beautify Richmond Project, for a contract term from March 1, 2023, through June 30, 2024, and for a total not-to-exceed amount of $95,323 funded under the California for All Youth Grant from California 163
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Volunteers – Community Services Department (LaShonda White/Tamara Walker 510-307-8006).
P.8.c Contract with Witt O’Brien’s, LLC for Consulting Services Related to American Rescue Plan Act (ARPA) Funds
APPROVE a contract with Witt O’Brien’s, LLC to provide consulting services for oversight and compliance related to American Rescue Plan Act (ARPA) funds, in the amount not to exceed $300,000, for a term commencing March 22, 2023, through June 30, 2027, and
APPROPRIATE the use of $300,000 in City ARPA funds for this contract – Community Services Department/Finance Department (LaShonda White/Nickie Mastay 510-620-6512).
City Manager Shasa Curl, Deputy City Manager Internal Services Nickie Nastay, and Deputy Director Library and Community Services LaShonda White introduced the matter and provided an oral report. Discussion ensued. The council suggested that the proposed contract amount could go directly to the community and that the services could be performed by staff. The council requested an overall plan for building capacity within the city to administer grant funds (including staffing structure and report writing); the proposed infrastructure across all departments to administer and apply for grants; an additional clause in the contract to require the contractor to reimburse the city for any potential city repayments due to errors or missed deadlines; the timeline to hire an in-house grant administrator; and date of the ARPA allocation for the Community Needs Assessment and results.
Main Motion
Motion by Councilmember Bana
Seconded by Councilmember Willis
To approve said contract as recommended by staff.
Substitute Motion
Motion by Mayor Martinez
Seconded by Councilmember Jimenez
To approve said contract for two years instead of four years. A friendly amendment made by Councilmember Jimenez to reduce the contract amount from $300,000 to $150,000 maximum was accepted.
Ayes (7): Councilmember Bana, Councilmember Jimenez,
Councilmember Robinson, Councilmember Zepeda, Councilmember Willis, Vice Mayor McLaughlin, and Mayor Martinez
Passed (7 to 0)
Said contract was approved for two years not to exceed $150,000.
P.9 Mayor's Office
P.9.a March 10, 2023 - Tibetan Uprising Day in the City of Richmond PROCLAMATION recognizing March 10, 2023, as Tibetan Uprising Day in the City of Richmond - Mayor Eduardo Martinez (510-620-6503) and Councilmember Claudia Jimenez (510-620-6565).
P.9.b March 21, 2023 - Nowruz, or Persian New Year, in the City of Richmond 164
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PROCLAMATION recognizing March 21, 2023, as Nowruz, or Persian New Year, in the City of Richmond - Mayor Eduardo Martinez (510-620- 6503) and Councilmember Soheila Bana (510-620-6743).
P.10 Police Department
P.10.a Sole-Source contract with Veritone, Inc. for Software and Conversion Services as they relate to the State of California’s Department of Justice requirements regarding Racial and Identity Profiling Act (RIPA) data.
APPROVE a sole-source contract with Veritone, Inc. for software and conversion services related to the Racial and Identity Profiling Act reporting requirements, for a total not to exceed $45,000, for the term beginning March 21, 2023, through March 21, 2026 – Police Department (Chief Bisa French 510-621-1802).
P.10.b Second Amendment to the Contract with Get Polygraphed, Inc.
APPROVE a second amendment to the contract with Get Polygraphed, Inc. increasing the compensation in an amount not to exceed $30,000, for a total compensation amount not to exceed $60,000, and extending the term to November 1, 2024, for preemployment polygraph examination services – Police Department (Chief Bisa French 510-621-1802).
P.11 Public Works
P.11.a Purchase of a Litter Vacuum Sweeper
APPROVE the purchase of a new Madvac LS175 Litter Vacuum Sweeper from Owen Equipment in an amount not to exceed $183,000 including a contingency of $16,437.91 – Public Works Department (Daniel Chavarria 510-620-5478).
P.11.b Purchase of Three Replacement Mowers
APPROVE the purchase of two ZMaster 7500 mowers and one GM5900 mower in an aggregate amount not to exceed $217,000 including a contingency of $19,497.13 – Public Works Department (Daniel Chavarria 510-620-5478/ Dee Karnes 510-231-3044).
P.11.c COWI Contract Amendment No. 1
APPROVE a contract amendment No. 1 with COWI North America, Inc., in the amount of $108,910, for a new total contract amount not to exceed $388,050, for a term extending through December 31, 2024, to provide engineering services during the bid and construction phase and Final Plans and Specifications of the Terminal Four Wharf Removal Project, to be funded by the State Coastal Conservancy grant – Public Works Department (Daniel Chavarria 510-620-5478).
P.11.d Contract with Security Signal Devices, Inc.
APPROVE a contract with Security Signal Devices, Inc. for intrusion and fire alarm maintenance and monitoring services for City buildings, in an amount not to exceed $450,000, over a three-year period beginning March 21, 2023, and ending March 21, 2026, with an option to extend an additional two years, in a total amount not-to-exceed $300,000 for the additional two-year period – Public Works Department (Daniel Chavarria 510-620-5478/Carl Capistrano 510-620-6896).
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P.11.e Contract for the FY 2022-23 Grade 5 Risk Assessment Analysis (RAA) Sewer Line Replacement of The Sanitary Sewer Collection System per the Baykeeper Settlement Agreement
ADOPT a resolution authorizing the issuance of a task authorization to Veolia Water to manage (on behalf of the City) subcontracts with: D’Arcy and Harty Construction, Inc., VW Housen and Questa Engineers to replace and or rehabilitate specific sanitary sewer pipelines, in an amount not to exceed $2,075,622 [D’Arcy and Harty Project cost of $1,319,500 plus 16.5 percent mark-up of $217,718, plus 30 percent contingency of $395,980 plus 16.5 percent mark-up of $65,315; VW Housen project cost of $36,000 plus 16.5 percent mark-up of $5,940, plus 30 percent contingency of $10,800, plus 16.5 percent mark-up of $1,782; Questa Engineers Project Cost of $15,000, plus 16.5 percent mark-up of $2,475, plus 30 percent contingency of $4,500, plus 16.5 percent mark-up of $743)] - Public Works Department (Daniel Chavarria 510-620-5478/Mary Phelps 510-621-1269).
Adopted Resolution No. 30-23
P.11.f City Council approved an Encroachment Agreement application at 130 E.
Scenic Ave. At City Council’s direction, City entered into an Encroachment Agreement with owners; it now presents the executed Agreement to City Council, pursuant to RMC 12.30.200.
ADOPT a resolution to approve the Encroachment Agreement between the City and the title of record property holders of 130 E. Scenic Avenue for a private landowner fence encroachment into the unimproved public right-of-way at said address; and reaffirm its decision that the findings pursuant to RMC 12.30.190(a)(1)(A-G) have been met. The executed Encroachment Agreement will be recorded on the property’s title and thereby bind successors in perpetuity. – Public Works Department (Daniel Chavarria/Robert Armijo 620-5477)
Adopted Resolution No. 31-23
Q. BUDGET SESSION
Q.1 City of Richmond Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2022
RECEIVE a report on the City’s Annual Comprehensive Financial Report (ACFR) for Fiscal Year 2021-2022 – Finance Department (Nickie Mastay/Mubeen Qader/Jerry Chak 510-620-6569).
City Manager Shasa Curl introduced the matter. Accounting Manager Jerry Chak, Deputy City Manager Internal Services Nickie Mastay, Finance Director Delmy Cuellar, and Ahmad Badawi of Badawi & Associates presented a PowerPoint that highlighted the following: engagement team, deliverables and scope of the audit; areas of primary audit emphasis; auditors' report and financial statements; General Fund, pension plan, and other postemployment benefits (OPEB); required communications; and new accounting standards. Discussion ensued. The council requested the following: clarification on the Municipal Sewer fund swap expenses; future presentation or explanation for negative fund balances; how the OPEB liability was forecasted to ensure that the city's financial status was accurately represented; how the percentage of vacancies was accounted for when comparing fiscal years 2020-2021 and 2021-2022; the difference between the OPEB liability and contributions amounts stated on the presentation 166
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slides 11 and 18; when the last actuary census count was conducted; and a future presentation regarding CalPERS special funds payments made directly versus locally and other options, with the numbers.
R. NEW BUSINESS
R.1 Addition of Staff to the Mayor’s Office to expand City Council capacity for the budget process
APPROVE the hiring of the one staff person within the Mayor’s Office to support the City Council – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503), Councilmember Doria Robinson (510-620-6568), Councilmember Claudia Jimenez (510-620-6565).
Continued to the March 28, 2023, City Council meeting.
R.2 Creation of a Municipal Wastewater Oversight Ad Hoc Committee CREATE a Wastewater and Storm Drain Ad Hoc Committee in the City of Richmond consisting of three City Council members – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
Mayor Martinez introduced the matter and provided an oral report. Discussion ensued. The council requested updates from the committee at council meetings or closed sessions. The council recommended the following: consider a climate action plan to reduce carbon footprint and improve infrastructure; gather data from residents regarding existing waste management issues or provide a forum; review flood areas and suggest impactful green infrastructure for alleviation.
Irania Dela Mora gave comment in-person. Sara Cantor gave comment via teleconference. Further discussion ensued.
Motion by Councilmember Jimenez
Seconded by Councilmember Zepeda
To create said ad hoc committee.
Ayes (7): Councilmember Bana, Councilmember Jimenez, Councilmember Robinson, Councilmember Zepeda, Councilmember Willis, Vice Mayor McLaughlin, and Mayor Martinez
Passed (7 to 0)
S. ADJOURNMENT
There being no further business, the meeting adjourned at 11:00 p.m., in memory of Jane Franklin and Julia Roulet, to meet again on March 28, 2023, at 6:30 p.m.
Clerk of the City of Richmond Mayor
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1 RICHMOND, CALIFORNIA,
March 28, 2023, 3:30 p.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________
A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Richmond City Council Open Session was called to order at 3:31 p.m. by Mayor Eduardo Martinez.
B. ROLL CALL
Present: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez
Absent: None.
C. CLOSED SESSION
C.1 PUBLIC EMPLOYEE PERFORMANCE EV ALUATION (Government Code Section 54957)
Title: City Clerk
C.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
One Case
C.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Winehaven v. City of Richmond
Guidiville Rancheria of California, et al. v. United States of America, et al. North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
C.4 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: 1324 Canal Boulevard (General Warehouse, Port of Richmond) Agency negotiator: Dave Aleshire, Lizeht Zepeda, and Nannette Beacham Negotiating parties: Richmond Grown
Under negotiation: Price and terms of payment
Property: Metro Walk Phase II at Richmond Transit Village Agency Negotiators: Nannette Beacham, Lina Velasco
Negotiating Parties: Pacific West Builders, Inc., San Francisco Bay Area Rapid Transit District
Under negotiation: Price and terms of payment (11th
Amendment/Disposition and Development Agreement)
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2 C.5 CONFERENCE WITH LEGAL COUNSEL- WORKERS’
COMPENSATION CLAIMS (Pursuant to Government Code § 54956.95) (Two Employees)
Claimant: Employee - Police Department Five Claims: 18000105COR, 17000123COR, 21000065COR, 21000140COR. 21000141CORAgency Claimed Against: City of Richmond
Claimant: Employee – Fire Department Three Claims: 15000124COR, 17000099COR, 20000053COR Agency Claimed Against: City of Richmond
D. PUBLIC COMMENT BEFORE CLOSED SESSION
None.
E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 3:33 p.m. Closed Session adjourned at 5:59 p.m.
F. SPECIAL MEETING OF THE RICHMOND CITY COUNCIL
The Special Meeting was called to order at 6:06 p.m. by Mayor Eduardo Martinez.
G. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance to the Flag was led by Mayor Eduardo Martinez.
H. ROLL CALL
Present: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Willis, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez. Absent:
Councilmember Cesar Zepeda arrived after the roll was called.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. AGENDA REVIEW
None.
K. BUDGET SESSION
K.1 Fiscal Year 2022-2023 Mid-Year Review
REVIEW the Fiscal Year 2022-2023 mid-year budget which included proposed budget adjustments increasing General Fund revenue by $8,460,793 and expenditures by $7,926,484 and increasing Non-General Fund revenue by $4,350,887 and expenditures by $1,530,472; and ADOPT a Resolution for Fiscal Year 2022-2023 Mid-Year budget adjustments in Attachment 2 – City Manager’s Office/Finance Department (Shasa Curl/Nickie Mastay/Delmy Cuellar 510-620- 6740).
City Manager Shasa Curl introduced the matter. Ms. Curl, Deputy City Manager Internal Services Nicky Mastay, Interim Finance Director Mubeen Qader, Accounting Manager Antonio Banuelos, and Deputy Public Works Director Robert Armijo presented a PowerPoint that highlighted the following: Adopted Budgeted Revenue in June of 2022; Budget Expenditures for June of 2022; General Fund Expenditure Budget by Department; Mid-year Budget Review of General Fund Revenue and Expense; General Fund Mid-year Revenue Adjustments; General Fund Mid-year Expenditure Adjustments; Proposed Options for Councilmembers; General Fund Proposed Mid-Year Budget; General 169
3 Fund Revenue Budget Comparison; Non-general Fund Revenue and Expenditures; Pending/Unfunded Budget Requests; and Engineering Grants Reimbursement Plan. Discussion ensued. Mayor Martinez asked for public comment, there were no public speakers.
A motion was made by Councilmember Jimenez seconded by Councilmember Robinson to support Option B with changes that of the proposed $850,000 for risk reserve, $750,000 should instead go towards Carlson Crosstown Connection, $100,000 towards storm related costs and direction that staff implement a five- year plan, starting in Fiscal Year 2023-2024, to increase unfunded liabilities.
Councilmember Bana offered a friendly amendment to approve the original motion with the addition of fire access in District 4. Vice Mayor McLaughlin proposed a change to the friendly amendment that $50,000 of the $3.1 million in Option B could be used for fire access in District 4 unless it could be acquired through Measure X funding. The maker of the original motion and the seconder accepted the friendly amendment with the proposed changes.
Motion by Councilmember Claudia Jimenez
Seconded by Councilmember Doria Robinson
To support Option B with changes that of the proposed $850,000 for risk reserve, $750,000 should instead go towards Carlson Crosstown Connection, $100,000 towards storm related costs and direction that staff implement a five-year plan, starting in Fiscal Year 2023-2024, to increase unfunded liabilities. With the addition that $50,000 of the $3.1 million in Option B could be used for fire access in District 4 unless it could be acquired through Measure X funding.
Ayes (7): Councilmembers Claudia Jimenez, Melvin Willis, Doria Robinson, Cesar Zepeda, Soheila Bana, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez.
Passed (7 to 0)
Adopted Resolution No. 32-23
L. ADJOURNMENT
The Special Meeting of the Richmond City Council adjourned at 7:16 p.m.
M. JOINT SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY /
RICHMOND CITY COUNCIL
The Joint Special Meeting of the Richmond Housing Authority/Richmond City Council was called to order at 7:17 p.m. by Chair/Mayor Eduardo Martinez.
N. ROLL CALL
Present: Commissioners/Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Chair/Vice Mayor Gayle McLaughlin, and Chair/Mayor Eduardo Martinez. Absent: Tenant Commission Jaycine Scott O. STATEMENT OF CONFLICT OF INTEREST
None.
P. REPORT FROM THE EXECUTIVE DIRECTOR
Interim Executive Director Gabino Arredondo reported on the closure of Nevin Plaza, the transition to a new operator, Hacienda's upcoming grand opening and the building occupancy rate.
Q. AGENDA REVIEW
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4 None.
R. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Chair/Mayor Eduardo Martinez
Seconded by Vice Chair/Vice Mayor Gayle McLaughlin
To approve all items on the Housing Authority Consent Calendar.
Ayes (7): Commissioners/Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Chair/Vice Mayor Gayle McLaughlin, and Chair/Mayor Eduardo Martinez.
Absent (1): Tenant Commissioner Jaycine Scott
Passed (7 to 0)
R.1 Housing Authority Meeting Minutes
APPROVE the minutes of the Richmond Housing Authority February 21, 2023, special meeting - City Clerk's Office (Pamela Christian 510-620-6513).
R.2 Emergency Contract with Legacy Mechanical and Energy Services for a Boiler Replacement
ADOPT a resolution authorizing an emergency contract with Legacy Mechanical and Energy Services, in an amount not to exceed $16,900 plus a 10 percent contingency of $1,690, for a total contract amount not to exceed $18,590, to replace the two heat pumps at Nevin Plaza and authorizing the payment of City permit fees in the amount of $1,795, for a total project cost amount of $20,385 - Richmond Housing Authority (Gabino Arredondo 510-620-6606).
Adopted Resolution No. 2178
S. JOINT RICHMOND HOUSING AUTHORITY / RICHMOND CITY COUNCIL
BUDGET SESSION
S.1 Fiscal Year (FY) 2022-23 Amended Budget Adjustments ADOPT a joint resolution approving the proposed Fiscal Year (FY) 2022-2023 Richmond Housing Authority (RHA) amended budget adjustments with revised estimated revenues of $4,803,922 and total expenditures of $4,895,044; and APPROVE an increase in the RHA Fiscal Year 2022-2023 General Fund subsidy amount by $91,122 from $1,261,082 to $1,352,204 which will provide sufficient revenue to match anticipated expenditures and balance the RHA budget to $4,895,044 in estimated revenues and $4,895,044 in estimated expenditures – Richmond Housing Authority/Finance Department (Gabino Arredondo/Rita Martinez 510-621-1300).
Interim Executive Director Gabino Arredondo introduced the item. Mr. Arredondo and Finance Department Representative Rita Martinez presented a PowerPoint which highlighted the following: The Proposed Amended Budget Overview for Fiscal Year 2022-2023; Revenue and Expenditure Changes; Richmond Housing Authority Property Updates; Richmond Housing Authority Affiliated Property Updates; and Richmond Housing Authority Accomplishments related to Asset Repositioning/Financial Audits. Discussion ensued.
Chair/Mayor Martinez asked for public comment, there were no public speakers.
Motion by Vice Chair/Vice Mayor Gayle McLaughlin
Seconded by Commissioner/Councilmember Claudia Jimenez
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5 To accept the staff recommendation.
Ayes (7): Commissioners Claudia Jimenez, Melvin Willis, Doria Robinson, Cesar Zepeda, and Soheila Bana, Vice Chair/Vice Mayor Gayle McLaughlin, and Chair/Mayor Eduardo Martinez
Absent (1): Tenant Commissioner Jaycine Scott
Passed (7 to 0)
Adopted Housing Authority Resolution No. 2179 and City Council Resolution No. 33-23
T. ADJOURNMENT
There being no further business, the meeting adjourned at 7:41 p.m.
U. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 7:41 p.m. by Mayor Eduardo Martinez.
V. ROLL CALL
Present: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez
Absent: None.
W. STATEMENT OF CONFLICT OF INTEREST
None.
X. AGENDA REVIEW
Items AE.2.b. (Contract with Safe Organized Spaces (SOS) to Provide Encampment Services), and AE.3.a (Appointment to Community Police Review Commission) were removed from the Consent Calendar for discussion. Item AE.3.b was moved to be heard under category AC (PRESENTATIONS, PROCLAMATIONS, AND COMMENDATIONS) and the following correction was made to the item: PROCLAMATIONS recognizing Donate Life Month, Earth Day, Sexual Assault Awareness Month, and Transgender Day of Remembrance Visibility. Items AF.2 (Presentation from District Attorney Diana Becton), AE.2.b (Contract with Safe Organized Spaces (SOS) to Provide Encampment Services), and AE.3.a (Appointment to Community Police Review Commission), were moved to be heard after approval of the Consent Calendar. Item AE.2.a (Authorization to execute Agreements with Grant Application partners, BART, Pacific West Communities, and AC Transit related to an AHSC Grant Application for the Metrowalk Phase 2 Project) was continued to a Special Meeting on Monday, April 3, 2023. Item AF.4 (The Latina Center & RCF Connects Presentations) was continued to April 4, 2023, and item AF.1 (Report by the West Contra Costa Fire Safe Council) was continued to April 18, 2023.
Y. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
C.1 PUBLIC EMPLOYEE PERFORMANCE EV ALUATION (Government Code Section 54957)
Title: City Clerk
Discussed. No reportable action.
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6 C.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
One Case
Status report given. No reportable action.
C.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)
Winehaven v. City of Richmond
Guidiville Rancheria of California, et al. v. United States of America, et al. North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
Not discussed.
C.4 CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Government Code Section 54956.8)
Property: 1324 Canal Boulevard (General Warehouse, Port of Richmond) Agency negotiator: Dave Aleshire, Lizeht Zepeda, and Nannette BeachamNegotiating parties: Richmond Grown Under negotiation: Price and terms of payment Not discussed.
Property: Metro Walk Phase II at Richmond Transit VillageAgency Negotiators:
Nannette Beacham, Lina VelascoNegotiating Parties: Pacific West Builders, Inc., San Francisco Bay Area Rapid Transit DistrictUnder negotiation: Price and terms of payment (11th Amendment/Disposition and Development Agreement) Status report given. Direction given to negotiators.
C.5 CONFERENCE WITH LEGAL COUNSEL- WORKERS’
COMPENSATION CLAIMS (Pursuant to Government Code § 54956.95) (Two Employees)
Claimant: Employee - Police DepartmentFive Claims: 18000105COR, 17000123COR, 21000065COR, 21000140COR. 21000141CORAgency Claimed Against: City of Richmond
Not discussed.
Claimant: Employee – Fire DepartmentThree Claims: 15000124COR, 17000099COR, 20000053COR Agency Claimed Against: City of Richmond Status report given. Direction given for settlement discussions.
Z. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl gave information on storm related resources for residents, announcing that Richmond residents could fill sandbags at the Bayview Library or at the Corporation Yard next to the Greenway. Ms. Curl announced that Senior or disabled residents could call the Streets Division at (510) 231-3011 for sandbag delivery requests (limited to 10) between 7:00 a.m. - 2:00 p.m. Ms. Curl mentioned the Streets Division had posted flooded signage and been active in removing debris from storm drains. She announced that for any sewer overflows or flooding, residents could call Veolia 24 hours 173
7 a day at 510-412-2001 and crews would be dispatched to the location to handle the incident; and for any emergency requests that residents should call 911.
Ms. Curl announced that the City of Richmond was hosting a Business Resources Summit on April 13th from 9:00 a.m. to 11:00 a.m., for business owners and professionals to learn about the free financial resources and tools available to help hire, train, and retain their workforce. The event would be held at RichmondWORKS 330 25th Street, Richmond, CA 94804. For further information, RichmondWORKS could be reached at (510) 307-8014.
AA. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS) (limited to two minutes per Councilmember) (public comment allowed under Open Forum)
Councilmember Bana reported that she recently attended the CivicWell Policymakers Conference and encouraged the Mayor and Council to participate in the next CivicWell Policymakers Conference taking place March 14, 2024, through March 18, 2024. She also gave information regarding a Caltrans study on Richmond Parkway and a soon to come website related to gas and hazardous materials pipelines.
AB. CRIME REPORT FROM POLICE CHIEF - 4th Tuesday (public comment allowed under Open Forum)
Police Chief Bisa French thanked Mayor Martinez, Councilmember Zepeda, and the city manager for attending a swearing in, welcome, recognition, and retiring ceremony for Police Department employees earlier in the day. Chief French reported on the following significant investigations during the month of March 2023: Homicide on March 8th on the 2300 block of Aberdeen Way, 43 year old male shot to death; occurrence on March 23rd in which a suspect driving a stolen semi-truck attempted to drive over a police car with an officer inside of it.
Chief French reported that the Police department participated in a human trafficking task force meeting along with the District Attorney’s Office to address issues related to prostitution and trafficking along the 23rd St. corridor. She shared that members of the Police department, Fire department, Contra Costa Health Department, the District Attorney's office, and School District recently held an educational forum on the dangers of fentanyl.
Crime trends during the month of March 2023: 42 aggravated assaults, 14 robberies, 10 sexual assaults, 20 burglaries, 94 thefts, 86 stolen vehicles and 1 arson; 158 vehicles were towed; 123 vehicle collisions were responded to; 9 DUI investigations were conducted; and 6 sideshows were responded to.
Chief French reported that there were many unfilled vacancies. Discussion ensued.
AC. PRESENTATIONS, PROCLAMATIONS, AND COMMENDATIONS (public comment allowed under Open Forum)
AC.1 Proclamation commemorating community leader Mrs. Nailah Buford PROCLAMATION recognizing Mrs. Nailah Buford for her community leadership and significant contributions to the betterment of the City of Richmond - Mayor Eduardo Martinez (510-620-6503) and Councilmember Doria Robinson (510-620-6824).
Councilmember Robinson introduced the item and read into the record a proclamation highlighting Nailah Buford's contributions to the City of Richmond as the owner of Snapper's Seafood restaurant. Councilmember Robinson and Mayor Martinez presented the proclamation to Mrs. Buford's daughter Jamila 174
8 Killingsworth. Ms. Killingsworth accepted the proclamation on her mother's behalf and expressed her gratitude for the recognition.
AD. OPEN FORUM FOR PUBLIC COMMENT
Tony Sustak gave comments via teleconference regarding needed improvements on Carlson Boulevard, the Bicycle Pedestrian Plan, and information on the Richmond Bicycle Pedestrian Advisory Committee.
AE. CITY COUNCIL CONSENT CALENDAR
Motion by Councilmember Melvin Willis
Seconded by Councilmember Claudia Jimenez
To approve all items on the Consent Calendar excluding Item AE.2.a, AE.2.b, AE.3.a Ayes (7): Councilmembers Claudia Jimenez, Melvin Willis, Doria Robinson, Cesar Zepeda, Soheila Bana, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez.
Passed (7 to 0)
AE.1 City Clerk's Office
AE.1.a Cancellation of April 25, 2023, Regular City Council Meeting APPROVE the cancellation of the April 25, 2023, Regular City Council meeting - City Clerk’s Office (Pamela Christian 510-620-6513).
AE.2 Community Development
AE.2.a Authorization to execute Agreements with Grant Application partners, BART, Pacific West Communities, and AC Transit related to an AHSC Grant Application for the Metrowalk Phase 2 Project
AUTHORIZE the city manager to enter into an Implementation and Mutual Indemnity Agreement with BART and Pacific West Communities for Affordable Housing Sustainable Communities (AHSC) pass-through funds, totaling up to $40 million and also enter into a Sustainable Transportation Infrastructure (STI) and Transit Related Infrastructure (TRA) assistance Agreement with AC Transit to complete certain transit improvements within the City right-of-way for up to $1.2 million for a proposed AHSC application for the Metrowalk Phase 2 project, if awarded – Community Development Department (Lina Velasco 510-620-6841).
This item was continued to a Special City Council meeting on April 3, 2023.
AE.2.b Contract with Safe Organized Spaces (SOS) to Provide Encampment Services
APPROVE a contract with Safe Organized Spaces (SOS) for the term beginning March 28, 2023, to June 30, 2024, with an option to extend for one year if funding is available, for a total contact amount not to exceed $738,693.59, to provide encampment services and job opportunities for the unhoused – Community Development Department (Lina Velasco/Jesus Morales 510-620-6649).
Community Services Director Lina Velasco presented the item. Housing Manager Jesus Morales presented a PowerPoint which highlighted the following: SOS contract services; Success measures and
accomplishments; and the Request for Qualifications process used to select SOS. Discussion ensued. The council requested that staff find ways 175
9 to encourage non-profit contractors working with the City to seek diversified funding. Jamin Pursell gave comments in person. O'Neil Fernandez, Deborah Small, and Tarnel Abbott gave comments via teleconference. Further discussion ensued. The council requested that staff reach out to the Contra Costa County to see if they are able to contribute funding to SOS efforts to service unincorporated areas of El Sobrante.
A motion was made by Vice Mayor McLaughlin seconded by
Councilmember Willis to accept the staff recommendation, with a change to the contract expiration date to March 31, 2024. Councilmember Bana proposed a friendly amendment that the SOS service area jurisdiction include unincorporated areas of El Sobrante. The maker of the motion and seconder agreed. Councilmember Robinson made a friendly amendment that staff include additional funding in the contract to be allocated towards a grant writer position within SOS. The maker of the motion agreed with the amendment, with a change that the additional funding be taken up in a separate action at a later date. Councilmember Jimenez made a friendly amendment that the motion include a timeline for staff to return to Council for the addition of funds towards a grant writer. The maker of the motion and seconder agreed with the friendly amendment; the original motion was amended to include direction that staff return to Council on April 18, 2023, with a contract amendment for additional funds to SOS for a grant writer position.
Motion by Vice Mayor Gayle McLaughlin
Seconded by Councilmember Melvin Willis
To accept the staff recommendation with a change of contract expiration date to March 31, 2024, along with the inclusion of unincorporated areas of El Sobrante within the service area jurisdiction, and direction that staff return to Council on April 18, 2023, with an amendment for additional funds for a SOS grant writer.
Ayes (7): Councilmembers Claudia Jimenez, Melvin Willis, Doria Robinson, Cesar Zepeda, Soheila Bana, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez.
Passed (7 to 0)
AE.3 Mayor's Office
AE.3.a Appointment to Community Police Review Commission APPOINT Rachel Lorber to the Community Police Review Commission, to fill an unexpired term, Term Expires November 1, 2024 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
Mayor’s Office Chief of Staff Shiva Mishek introduced the item and requested to hear from the member of the public that pulled the item to address the concern. Discussion ensued. Benjamin Therriault gave comments in person expressing concerns of a conflict of interest due to the appointees' occupation and of the redactions made on the application attached to the agenda item. Further discussion ensued. Deborah Small, Luis Chacon, and Eli Moore gave comments via teleconference. Further discussion ensued.
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10 Motion by Melvin Willis
Seconded by Vice Mayor McLaughlin
To approve the staff recommendation.
Ayes (5): Councilmembers Claudia Jimenez, Melvin Willis, Doria Robinson, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez.
Abstentions (1): Councilmember Cesar Zepeda
Absent (1): Councilmember Soheila Bana
Passed (5 to 0)
(At 10:56 p.m. a motion was made by Vice Mayor McLaughlin, seconded by Councilmember Jimenez, to extend the meeting until 11:30 p.m. which passed by the following vote: Ayes: Councilmembers Jimenez, Robinson, Willis, Zepeda, Vice Mayor McLaughlin, and Mayor Martinez. Noes: None. Absent: Councilmember Bana. Abstain: None).
AE.3.b Proclamations for the month of April; Donate Life Month, Earth Day, Sexual Assault Awareness Month, Transgender Day of Remembrance PROCLAMATIONS recognizing Donate Life Month, Earth Day, Sexual Assault Awareness Month, and Transgender Day of Remembrance - Mayor's Office (Eduardo Martinez 510-620-6503).
Mayor Martinez moved the item from the consent calendar to be heard during the Presentations, Proclamations, and Commendations section of the agenda. Mayor Martinez introduced the item and read the Transgender Day of Visibility proclamation into the record. Mayor Martinez presented the proclamation to Jamin Pursell, Leto Green, Ashley Scarborough- Gonzalez, Stefano Gonzalez, and Joey Smith, who all gave comments and thanked the Mayor and Council for the recognition.
AF. STUDY AND ACTION SESSION
AF.1 Report by the West Contra Costa Fire Safe Council
RECEIVE a presentation from West Contra Costa Fire Safe Council (WCCFSC) regarding its mission, objectives, and achievements – Fire Department (Chief Angel Montoya 510-307-8041). This item was continued from the December 20, 2022, January 24, 2023, February 28, 2023, and March 7, 2023, meetings.
This item was continued to the April 18, 2023, meeting.
AF.2 Presentation from District Attorney Diana Becton
RECEIVE a presentation from Contra Costa County District Attorney Diana Becton - Councilmember Claudia Jimenez (510-620-6581).
Councilmember Jimenez introduced the item. District Attorney Diana Becton presented a PowerPoint highlighting the following: The District Attorney's Office 2023-2024 Fiscal Year Budget; Personnel Budget; Allocated Positions; The District Attorney's Office Mission; 2022 Performance; Overview of the Criminal Process, Divisions and Units of the District Attorney's Office; 2021-2022 Specialty Units and Programs, and 2021-2022 Efforts in Reducing Incarceration.
Discussion ensued. The council requested that the District Attorney's Office provide statistics on crimes committed by Richmond residents. Further Discussion ensued. Mayor Martinez called for public comment; there were no public speakers.
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11 AF.3 Presentation from Center for Biological Diversity and Biofuelwatch on the impacts of the Golden State Natural Resources (GSNR) wood pellet project RECEIVE a presentation from the Center for Biological Diversity and Biofuelwatch on the wood pellet project proposed by Golden State Natural Resources (GSNR) and its pollution exposure and risk to the community and the environment - Vice Mayor McLaughlin (510-620-6636) and Councilmember Zepeda (510-620-6593).
City Attorney Dave Aleshire informed the Council of a letter the City received from Golden State Natural Resources (GSNR) expressing concerns that a presentation made without the organization's participation could sway public opinion against its project and requesting the item be heard at a later date when GSNR could participate in the presentation. Discussion ensued. Council requested that the City Attorney read the letter into the record; City Attorney Dave Aleshire read the letter as requested. The council made the decision go forth with hearing the item.
Vice Mayor McLaughlin introduced the item and the presenters. Americas Program Coordinator of Biofuelwatch Gary Graham Hughes and Climate Science Director of the Center for Biological Diversity Shay Wolf presented a PowerPoint highlighting the following: What Golden State Natural Resources (GSNR) was, Counties Represented by GSNR Board of Directors, Project Status; Information on What the Wood Pellet Project Consists of; Impact of Wood Pellets on the Community and Environment; What Wood Pellets Are; What Biofuelwatch was; Fire/Explosion Hazards to Port Communities and Workers; Fires in Wood Pellet Storage Silo located in Port Arthur, TX; Fires/Explosions in Wood Pellet Storage Warehouse in Port of Brunswick, Georgia; Environmental Justice Harms; Harms to Public Health; and Woody Biomass Energy Harms to the Climate, Environment, Communities, Forest Ecosystems, Wildlife Habitats. Discussion Ensued.
(At 11:29 p.m. a motion was made by Vice Mayor McLaughlin, seconded by Councilmember Jimenez, to suspend the rules and extend the meeting only to hear public comment which passed by the following vote: Ayes:
Councilmembers Jimenez, Robinson, Zepeda, Vice Mayor McLaughlin, and Mayor Martinez. Noes: None. Absent: Councilmembers Bana and Willis.
Abstain: None).
Janet Johnson and Jamin Pursell gave comments in person. Tony Sustak, Sara Theiss, and Leisa Johnson gave comments via teleconference.
AF.4 The Latina Center & RCF Connects Presentations
RECEIVE a presentation from The Latina Center and RCF Connects in recognition of International Women’s Day and Women’s History Month – City Manager’s Office (Shasa Curl 510-620-6512).
This item was continued to the April 4, 2023, meeting.
AG. ADJOURNMENT
There being no further business, the meeting adjourned at 11:39 p.m., to meet again on April 4, 2023, at 6:30 p.m.
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12 Clerk of the City of Richmond Mayor
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RICHMOND, CALIFORNIA, May 2, 2023
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________ A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Richmond City Council Evening Open Session was called to order at 5:00 p.m. by Mayor Eduardo Martinez.
B. ROLL CALL
Present: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez.
Absent: None.
C. CLOSED SESSION
C.1 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
• Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:
1. SEIU Local 1021 Full Time Unit and Part Time Unit
2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units
3. Richmond Police Officers Association RPOA
4. Richmond Police Management Association RPMA
5. IAFF Local 188
6. Richmond Fire Management Association RFMA
C.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
• Two Cases
C.3 PUBLIC EMPLOYEE PERFORMANCE EV ALUATION (Government Code Section 54957)
• Title: City Manager
C.4 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Winehaven v. City of Richmond
• Guidiville Rancheria of California, et al. v. United States of America, et al. • North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
C.5 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
• Property: 1324 Canal Boulevard (General Warehouse, Port of Richmond) Agency negotiator: Dave Aleshire, Lizeht Zepeda, and Nannette Beacham Negotiating parties: Richmond Grown
Under negotiation: Price and terms of payment
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D. PUBLIC COMMENT BEFORE CLOSED SESSION
There were no public comments.
E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 5:02 p.m. Closed Session adjourned at 7:10 p.m.
F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 7:14 p.m. by Mayor Eduardo Martinez.
G. PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance to the Flag.
H. ROLL CALL
Present: Councilmembers Jimenez, Robinson, Willis, Zepeda, Vice Mayor McLaughlin, and Mayor Martinez. Absent: Councilmember Bana arrived after the roll was called.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. AGENDA REVIEW
Item P.6.a (Rent Board appointments) was removed from the Consent Calendar for discussion at the end of the agenda. Mayor Martinez subsequently announced that Item P.6.a would be heard immediately following Item P.3.a.
Item P.3.a (solid waste franchise agreements) was removed from the Consent Calendar for discussion immediately following Item Q.1 (budget session).
Item S.1 (The Latina Center and RCF Connects presentations) was moved immediately following the Consent Calendar.
Item S.6 (Raftelis contract for workforce analysis) was continued to the May 16, 2023, City Council meeting.
Item P.2.d (support for Senate Bill 567 Homelessness Prevention Act) was continued to the May 16, 2023, City Council meeting.
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
Item C.1 (labor negotiations) was discussed and direction was given to continue negotiations.
Item C.2 (anticipated litigation for two cases) one case was discussed and no reportable action was taken.
Item C.3 (city manager performance evaluation) was not discussed.
Item C.4 (existing litigation) a report was given on the Winehaven matter. There was no reportable action taken.
Item C.5 (real property negotiation) was not discussed.
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl announced that the City of Richmond, in collaboration with the City of San Pablo, was hosting a Cinco de Mayo Parade on Saturday, May 6, 2023. Ms. 181
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Curl also announced the City of Richmond's Annual Cinco de Mayo Festival on Sunday, May 7, 2023. Ms. Curl reported that the Nevin Plaza Rehabilitation commenced, and a kick-off celebration event was scheduled for May 19, 2023. Ms. Curl encouraged the community to call the City Manager's Office at (510) 620-6512 with questions. (Mayor Martinez announced that Item P .6.a would be heard immediately following Item P .3.a, after the budget session).
L.1 NEW EMPLOYEE REPORT
Interim Director of Human Resources Sharrone Taylor announced several new employees hired from January 2023 to May 2023 in the following departments/divisions: Police, Fire, Finance, Building Regulations, Public Works, Office of Neighborhood Safety, Economic Development, and Employment and Training.
M. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember) (public comments allowed under Open Forum)
Vice Mayor McLaughlin reported that she attended the Community First Village Symposium in Austin, Texas regarding chronic homelessness. The vice mayor also reported that the City of Richmond held a Literacy Festival on Saturday, April 29, 2023.
Councilmember Bana reported that she attended the Texas symposium with Vice Mayor McLaughlin and expanded her trip to San Antonio, Texas to learn about its homeless community. Councilmember Bana also reported that she had been working to bring an equity and medical research van to Richmond for people of color to have their DNA included in future medical science and encouraged the community to visit the van at the Richmond Cinco de Mayo event. Councilmember Bana advised that she was working on violence against women and that additional information would be heard in October 2023.
Councilmember Zepeda acknowledged all of the city's new hires. Councilmember Zepeda reported the following: attended the West Contra Costa Transportation Advisory Committee meeting regarding traffic movement; the Environmental and Community Investment Ad Hoc Committee was seeking more members; and he visited the Reentry Success Center in Richmond. Councilmember Zepeda announced the Career Fair hosted by the Fairmede-Hilltop Neighborhood Council and Hilltop Community Church scheduled for May 20, 2023. Councilmember Zepeda reminded District 2 residents that the Strategy and Goal Setting meeting was scheduled for May 20, 2023.
Mayor Martinez acknowledged the NALEO Educational Fund for awarding him a scholarship to attend the Policy Institute Conference on economic mobility in New York City. Mayor Martinez gave a report on the various sessions he participated in at the conference.
Councilmember Robinson reported there was a community stakeholder meeting with the developer regarding the status of the Mira Flores Project; and advised that a monthly update process on Mira Flores was established.
N. ABATEMENT REPORT FROM THE PUBLIC WORKS DIRECTOR - 1st Tuesday (public comment allowed under Open Forum)
Director of Public Works Daniel Chavarria presented a PowerPoint that highlighted the following: neighborhood dumpster days; illegal dumping; encampment abatement; recreational vehicle dismantling; tonnage collected; weed abatement; tree and graffiti removal; staff abatement hours; and illegal dumping hot spots.
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O. OPEN FORUM FOR PUBLIC COMMENT
The following individuals gave comments in person:
Santiago Morales, Ana Gonzalez, Suilma Navarrete, Raul Vasquez, Edith Patrano, Irma Beltran, and Asuncion Carmona expressed support for Item P.2.d (support for Senate Bill [SB] 567 Homelessness Prevention Act). Several of the speakers expressed concerns regarding rental housing rent increases, habitability issues, and evictions.
Councilmember Willis gave comments regarding community and staff feedback he received regarding hostility at council meetings and council-staff relationships.
Councilmember Willis invited staff to leave anonymous comments regarding issues and areas for improvement. Councilmember Willis encouraged everyone, including the council, to talk to people the way they would like to be talked to.
Don Gosney announced that Plumbers & Steamfitters Local 342 was accepting applications for its apprenticeship program and a rewarding career opportunity. Mr.
Gosney urged interested community members to contact him at (510) 685-2403 or via email to [email protected].
Patricia, Julie, and Rick Perez expressed concerns regarding the Richmond police shooting of Pedie Perez on September 14, 2014. Mr. Perez gave comments in support of the public defender recently appointed to the Richmond Community Police Review Commission. Mr. Perez recommended funding for police de-escalation training.
Crystal Steward gave comments regarding the following legislation: Assembly Bill (AB) 481 (military equipment and funding); Senate Bill (SB) 1421/SB 16 (peace officers release of records); AB 1506 (officer-involved shooting); AB 392 (peace officer deadly force); and SB 2 (declaration of police officers with multiple misconduct incidents). Ms.
Steward suggested the bills were a good part of why there was a shortage of police officers. Ms. Steward pointed out that all the bills were signed into law on September 30th, Pedie Perez's birthday.
Jamin Pursell announced the Reimagining Public Safety Community Taskforce was hosting its "Community Conversations" series at Martin Luther King, Jr. Elementary School on June 3, 2023. Mr. Pursell acknowledged the state of Texas for its homelessness efforts and reminded the community of some controversial prohibitions and laws in Texas. Mr. Pursell expressed support for item P.2.d and opposition to Item P.2.e, opposing SB 423 (Streamlined Housing Approvals).
Deborah Bayer and Sara Cantor urged the council not to oppose Item P.2.e because more affordable housing was needed. Ms. Cantor expressed that the California Environmental Quality Act laws were an important consideration she would support and the proposed letter in the agenda packet citing other considerations related to the matter should be rewritten.
P. CITY COUNCIL CONSENT CALENDAR
Motion by Councilmember Bana
Seconded by Councilmember Zepeda
To approve all items on the Consent Calendar excluding Items P.2.d, P.3.a, and P.6.a.
Ayes (6): Councilmember Bana, Councilmember Jimenez, Councilmember Robinson, Councilmember Zepeda, Vice Mayor McLaughlin, and Mayor Martinez Absent (1): Councilmember Willis
Passed (6 to 1)
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(Item P .2.e was not approved. Councilmember Jimenez requested a no vote, Vice Mayor McLaughlin and Councilmember Robinson requested to abstain, and Councilmember Willis was absent during the approval of the Consent Calendar).
P.1 City Clerk's Office
P.1.a City Council Meeting Minutes
APPROVE the minutes of the Special City Council meeting on April 3, 2023, and the minutes of the April 4, 2023, regular meeting - City Clerk's Office (Pamela Christian 510-620-6513).
P.2 City Council
P.2.a May is National Bike Month
PROCLAMATION recognizing May as National Bike Month and encouraging residents to participate in biking events - Councilmembers Claudia Jimenez (510-620-6565), Doria Robinson (510-620-6593) and Mayor Eduardo Martinez (510-620-6503).
P.2.b Support for the Reinstatement of State Funding for Older Adult Education AUTHORIZE a Support Letter from the City Council to state officials to reinstate funding for older adult education - Vice Mayor Gayle McLaughlin (510-620-6636).
P.2.c Council Direction on Ordinance to Enact Catalytic Converter Theft Deterrence Measures
DIRECT staff in the City Attorney’s Office to draft an ordinance within 45-60 days that includes strategies to deter catalytic converter theft by imposing required actions of recyclers who purchase catalytic converters - Councilmember Cesar Zepeda (510-620-6593).
P.2.d Support for SB567 (Durazo) Homelessness Prevention Act ADOPT a resolution in support of Senate Bill 567 (Durazo) Homelessness Prevention Act - Councilmember Melvin Willis (510-412-2050).
Continued to the May 16, 2023, City Council meeting.
P.2.e Oppose California Senate Bill 423 Streamlined Housing Approvals ADOPT a resolution opposing California Senate Bill 423, as introduced (Wiener) Streamlined housing approvals: multifamily housing developments: SB 35 (Chapter 366, Statutes of 2017) expansion – Councilmember Soheila Bana (510-620-6743). This item was continued from the April 4, 2023, and April 18, meetings.
Item P.2.e was not approved. During Agenda Review, the council requested the following votes for this item:
Ayes (3): Councilmember Bana, Councilmember Zepeda, and Mayor Martinez
Noes (1): Councilmember Jimenez
Abstentions (2): Councilmember Robinson and Vice Mayor McLaughlin Absent (1): Councilmember Willis
Failed (3 to 4)
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P.3 Economic Development
P.3.a Solid Waste Franchise Agreements Procurement Recommendations DIRECT City staff to initiate procurement of a new solid waste collection service agreement through a competitive procurement Request for Proposals (RFP) process; and RECOMMEND RecycleMore proceed with an RFP process for the Post-Collection Solid Waste Franchise Agreement – Economic Development Department (Shasa Curl/Samantha Carr 510- 620-5407).
City Manager Shasa Curl introduced the matter. Environmental Manager Samantha Carr and Garth Schultz of R3 Consulting Group, Inc. presented a PowerPoint that highlighted the following: background, analysis, and next steps. Discussion ensued. The council expressed concerns regarding the following: cost and necessity for an RFP procurement process; incomplete community survey results; impacts of waste transportation; and potential increased costs to residents. Richmond Sanitary Service/Republic Services General Manager Shawn Moberg gave comments in-person. Mr. Moberg requested the council to consider the alternate option "Pathway Two" as stated in the staff report to, “conduct sole-source contract negotiations with incumbent providers (Republic), while still preserving the City’s ability to proceed to RFP processes if negotiations are unsuccessful.” Further discussion ensued. The council suggested that the RFP should include a statement that the new service provider would provide a fee adjustment if the transition did not move forward completely; and prioritize the transition of employees from the existing service provider. (At 11:00 p.m. - a motion made by Councilmember Willis, seconded by Councilmember Zepeda, to extend the meeting to 11:30 p.m., passed by the unanimous vote of the City Council). Further discussion ensued.
Main Motion
Motion by Vice Mayor McLaughlin
Seconded by Councilmember Willis
To accept the staff recommendation with the additions of Councilmember Zepeda's concerns that a company had to acknowledge in the RFP that it was willing to take the employees as they were (i.e., seniority, pay level, and benefits had to match what they currently had so they were not affected); ensure a performance guarantee that the company was willing to put its costs at risk should it not have a successful implementation into the community; and allow the council to review the draft RFP.
Ayes (6): Councilmember Bana, Councilmember Jimenez,
Councilmember Robinson, Councilmember Willis, Vice Mayor McLaughlin, and Mayor Martinez
Noes (1): Councilmember Zepeda
Main Motion Passed (6 to 1)
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Substitute Motion
Motion by Councilmember Zepeda
Seconded by Councilmember Bana
To adopt "Pathway Two" directing staff to conduct sole-source contract negotiations with incumbent providers (Republic), while still preserving the City’s ability to proceed to RFP processes if negotiations were unsuccessful.
Ayes (2): Councilmember Bana and Councilmember Zepeda
Noes (5): Councilmember Jimenez, Councilmember Robinson, Councilmember Willis, Vice Mayor McLaughlin, and Mayor Martinez Substitute Motion Failed (2 to 5)
P.4 Finance Department
P.4.a Investment and Cash Balance Report and Monthly Overtime Reports for the Month of March 2023
RECEIVE the City’s Investment and Cash Balance Report and Monthly Overtime Reports for the month of March 2023 – Finance Department (Nickie Mastay/Mubeen Qader 510-412-2077).
P.4.b Revision to Richmond Municipal Code Chapter 13.45 to Update Procedures Regarding Adoption of City of Richmond Fees
INTRODUCE an ordinance (first reading) amending Chapter 13.45 [Tax, Fee, and Charge Adjustments] of the Richmond Municipal Code to change the frequency of the fee updates from quarterly to yearly – Finance Department (Nickie Mastay/Mubeen Qadar/Antonio Banuelos 510-620- 6741).
P.4.c State Auditor’s Recommendations Corrective Action Plan May 2023 Update
RECEIVE a report regarding the City’s Corrective Action Plan update to State Audit No. 2021-806 – Finance Department (Nickie Mastay 510-620- 6609/Mubeen Qader 510-412-2077).
P.5 Library and Community Services
P.5.a Production Agreement Contract with Pyro Spectaculars North Inc.
APPROVE the Production Agreement Contract with Pyro Spectaculars North Inc., in the amount of $65,000, to provide a fireworks display show for the City of Richmond on July 3, 2023, at the Marina Bay Park – Community Services Department (Ranjana Maharaj/Kymberlyn Carson- Thrower 510-620-6789).
P.5.b Student Training and Employment Program (STEP) Grant Award from the California Employment Training Panel and the California Department of Rehabilitation
ADOPT a resolution to ACCEPT and APPROPRIATE $210,720 in grant funds for the Student Training and Employment Program (STEP) from the California Employment Training Panel, in conjunction with the California Department of Rehabilitation, passed through the Foundation for California Community Colleges; and APPROVE a third contract amendment with the Foundation for California Community Colleges for 186
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the administration of the STEP grant, in the amount of $375,000, for a new total contract amount of $1,375,000, with a term ending June 30, 2023 – Community Services Department (Tamara Walker 510-307- 8006/Bouakhay Phongboupha 510-307-8050).
Adopted Resolution No. 37-23
P.6 Mayor's Office
P.6.a Appointments to the Rent Board
APPOINT Sara Cantor, Tomasa Espinoza, and Karina Guadalupe to the Rent Board to fill three open positions with a term ending March 21, 2025 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
Mayor Martinez introduced the matter. The council expressed concerns that there was not a fair ratio of landlords and tenants on the board.
Mayor's Office Chief of Staff Shiva Mishek gave an oral report to address concerns. Don Gosney and Jim Pursell gave comments in person. Emily Ross and Leisa Johnson gave comments via teleconference. (11:30 p.m. - a motion made by Councilmember Zepeda, seconded by Councilmember Willis, to suspend the rules and extend the meeting until the end of Item R.1, passed by the unanimous vote of the City Council).
Motion by Mayor Martinez
Seconded by Councilmember Jimenez
To approve said appointments to the Richmond Rent Board.
Ayes (4): Councilmember Jimenez, Councilmember Willis, Vice Mayor McLaughlin, and Mayor Martinez
Noes (1): Councilmember Bana
Abstentions (2): Councilmember Robinson, and Councilmember Zepeda Passed (4 to 3)
P.7 Police Department
P.7.a Purchase of Replacement Service Weapons for the Richmond Police Department
APPROVE a purchase order with All State Police Equipment, in an amount not to exceed $98,485, to allow the Richmond Police Department to acquire replacement service weapons – Police Department (Chief Bisa French 510-621-1802).
P.7.b Contra Costa County Health, Housing, and Human Services Contract for Coordinated Outreach Referral and Engagement (CORE) Homeless Outreach Services
RATIFY and APPROVE a sole-source contract with Contra Costa County for Coordinated Outreach Referral Engagement (CORE) services retroactive to July 1, 2022, with a term expiring June 30, 2023, for a total contract compensation amount not to exceed $144,333 – Police Department (Chief Bisa French 510-621-1802).
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P.8 Public Works
P.8.a Contract with Silverado Contractors Inc. for Terminal Four Wharf Removal Project
APPROVE a contract with Silverado Contractors Inc. for the Terminal Four Wharf Removal Project, in an amount not to exceed $5,297,926, including Base Bid and Alternate “A”, and authorize the Public Works Director to approve change orders, if necessary, for up-to a contingency amount of $529,800 to be funded by the State Coastal Conservancy grant, EPA Grant, and other funds appropriated to this project – Public Works Department (Daniel Chavarria 510-620-5478 / Robert Armijo 510-620- 5477).
P.8.b Contract with Swinerton for Construction Management Services for the Terminal 4 Wharf Removal Project
APPROVE a contract with Swinerton Management & Consulting, in the amount of $639,882, for a term extending through December 31, 2025, to provide construction management services during the bid and construction phase of the Terminal Four Wharf Removal Project, to be funded by the State Coastal Conservancy grant – Public Works Department (Daniel Chavarria 510-620-5478/ Robert Armijo 510-520-5477).
Q. BUDGET SESSION
Q.1 Acknowledge receipt of Fiscal Year 2023-2024 Proposed First Draft Budget and Government Finance Officers Association’s General Fund Fund-Balance Guidelines
ACKNOWLEDGE receipt of the first draft of the Fiscal Year 2023-2024 Annual Operating Budget and Fiscal Year 2023-2028 Five-Year Capital Improvement Plan Budget; ESTABLISH the review process and schedule for their review and adoption; and RECEIVE Government Finance Officer Association (GFOA) General Fund Fund-Balance Guidelines as part of City’s Corrective Action Plan – City Manager’s Office/Finance Department (Shasa Curl/Nickie Mastay/Mubeen Qader 510-412-2077).
City Manager Shasa Curl introduced the matter. Ms. Curl, Deputy City Manager Internal Services Nickie Mastay, Deputy Director of Finance Mubeen Qader, and Accounting Manager Antonio Banuelos presented a PowerPoint that highlighted the following: organizational priorities; financial headwinds; budget development, key milestones, and schedule; budget envelope; General Fund; best practices; and the state audit. Discussion ensued. The council requested more information regarding the following: long-term financial planning; property and sales taxes revenue; cost pool methodology; weekend recreational and youth activities; decreased parking enforcement revenue; increased health care costs; electric city vehicles; Richmond Main Library renovation; funding for unhoused services and staff; Community Crisis Response Program; potential grant department; intentions to address state audit issues; other post-employment benefits; and forming a capital campaign team.
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R. PUBLIC HEARINGS
R.1 Settlement Agreement with Pacific Gas and Electric (PG&E) and Amending Ordinances
HOLD a public hearing to APPROVE and APPROPRIATE $200,000 in revenue for Fiscal Year 2023-24 per the Settlement Agreement with Pacific Gas and Electric (PG&E); INTRODUCE an ordinance (first reading) amending Ordinance 1579 which granted a franchise for the transmission and distribution of electricity within the City to PG&E to revise the franchise fee and add a franchise fee surcharge; and INTRODUCE an ordinance (first reading) amending Ordinance 1580 which granted a franchise for the transmission and distribution of gas within the City to PG&E to add a franchise fee surcharge - City Manager’s Office/City Attorney’s Office (Shasa Curl 510-620-6512/Samantha Carr 510-620-5407/Dave Aleshire 510-620-6509).
Environmental Manager Samantha Carr presented a PowerPoint presentation that highlighted Richmond PG&E customer data and components of the settlement agreement. Discussion ensued. City Attorney Dave Aleshire advised there may not be a California Public Utilities Commission hearing for the matter as noted in the staff report. Mr. Aleshire stated that PG&E requested a modification to say the city will receive notice if there was going to be a CPUC hearing, and the council's action on this matter was subject to the modification. Mayor Martinez declared the public hearing opened. There were no public speakers. Mayor Martinez closed the public hearing.
Motion by Councilmember Jimenez
Seconded by Councilmember Willis
To approve said appropriation, receive the first reading of the ordinances, lay the ordinances over for two weeks for the second readings, and include the modification requested by the city attorney regarding the CPUC hearing.
Ayes (7): Councilmember Bana, Councilmember Jimenez, Councilmember Robinson, Councilmember Willis, Councilmember Zepeda, Vice Mayor McLaughlin, and Mayor Martinez
Passed (7 to 0)
S. NEW BUSINESS
S.1 The Latina Center & RCF Connects Presentations
RECEIVE a presentation from The Latina Center and RCF Connects in recognition of International Women’s Day and Women’s History Month – City Manager’s Office (Shasa Curl 510-620-6512). This item was continued from the March 28, 2023, and April 4, 2023, meetings.
The Latina Center Executive Director Miriam Wong presented a PowerPoint that highlighted the following: mission, vision, and staff; Young Latin Future Leaders; programs and services; community responsiveness; and impact. Richmond Community Foundation Connects President and Chief Executive Officer Jim Becker presented a PowerPoint that highlighted the following: Equity for Black Women and Girls Initiative recommendations; taskforce members; and programs.
Discussion ensued.
S.2 Contract with the Richmond Police Activities League to Provide Workforce Training and Work Experience Opportunities
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APPROVE a contract with the Richmond Police Activities League (RPAL) to provide workforce training and employment services to 20 youth, for a term commencing April 5, 2023, and ending March 31, 2024, for a total amount not to exceed $73,700 funded by the California for All Youth grant – Community Services Department/Employment and Training (Tamara Walker 510-307-8006).
This item was continued from the April 4, 2023, and April 18, 2023, meetings.
This item was continued to the May 16, 2023, City Council meeting.
S.3 Purchase of Four Police Motorcycles
APPROVE the purchase of four 2023 BMW R 1250 RT motorcycles from Long Beach BMW, in an aggregate amount not to exceed $160,000, including a contingency of $10,158.44 – Public Works Department (Daniel Chavarria 510- 620-5478/Dee Karnes 510-231-3044). This item was continued from the April 18, 2023, meeting.
This item was continued to the May 16, 2023, City Council meeting.
S.4 Purchase of One Crosswind Street Sweeper
APPROVE the purchase of a new Elgin Crosswind 1 Regenerative Air Street Sweeper from Owen Equipment in an amount not to exceed $430,000, including a contingency of $38,708.32 – Public Works Department (Daniel Chavarria 510- 620-5478/Dee Karnes 510-231-3044). This item was continued from the April 18, 2023, meeting.
This item was continued to the May 16, 2023, City Council meeting.
S.5 Homelessness Strategic Plan
ADOPT the draft Homelessness Strategic Plan; and RECEIVE a presentation of current and planned programming in support of the City’s unhoused residents – Community Development (Lina Velasco/Jesus Morales 510-620-6649).
This item was continued to the May 23, 2023, City Council meeting.
S.6 Contract with Raftelis to Provide a Workforce Analysis APPROVE a contract with Raftelis Financial Consultants, Inc. to provide a workforce analysis, in alignment with a state audit recommendation, in an amount not to exceed $200,000, with a term beginning June 1, 2023, and ending March 31, 2024; and APPROPRIATE the necessary funding – Human Resources Department (Nickie Mastay 510-620-6609/Sharrone Taylor 510-620-6803).
This item was continued to the May 16, 2023, City Council meeting.
T. ADJOURNMENT
There being no further business, the meeting adjourned at 11:37 p.m., to meet again on May 16, 2023, at 6:30 p.m.
Clerk of the City of Richmond Mayor
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June 6, 2023
City Council
DATE: June 6, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Councilmember Soheila Bana
Subject:
Co-sponsor the El Sobrante Stroll being held on
September 17, 2023.
FINANCIAL IMPACT: $2,000 for ADA Portable Restrooms and Handwashing Stations. Staff time of employees to staff the Richmond booth and stage public safety vehicles or equipment.
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
The El Sobrante Stroll is an annual community event held on the third Sunday of September to promote programs
and resources. Local businesses, government agencies
and non-profits participate by staffing booths. The
request is being made because many residents in El
Sobrante Valley live in the Richmond portion of El
Sobrante.
RECOMMENDED ACTION:
APPROVE co-sponsoring the annual El Sobrante Stroll
by providing $2,000 for portable restrooms or procuring portable restrooms in the Richmond portion of the stroll, staffing for City booth and staging of public safety
vehicles or equipment - Councilmember Soheila Bana
(510-620-6473).
DISCUSSION:
The El Sobrante Stroll has been a tradition of the El Sobrante community for the last 26 years. It takes place annually, on the third Sunday of September, and involves closing AGENDA
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June 6, 2023
off the San Pablo Dam Road between El Portal and Appian Way. There are booths for local, government, and non-profit businesses, children's activities, food trucks, live music, and other activities. A typical Stroll is attended by roughly 25,000 people over the course of the day, and is promoted to West Contra Costa County communities including El Sobrante, Richmond, San Pablo, Hercules, and Pinole.
The Stroll is organized by the non-profit El Sobrante Chamber of Commerce, and the net proceeds from the Stroll help fund programs and projects for the community and especially the businesses in the community.
Unfortunately, since the pandemic, the costs of carrying out the Stroll have increased substantially, and this has prompted the El Sobrante Chamber of Commerce to look for sponsors who can help defray part of the Stroll cost. In particular, one major cost driver has been the increase in cost of providing ADA-compliant porta-potties, which is mandated by law.
Last year, it cost approximately $2,000 to provide three ADA-compliant units, three regular units, and three handwashing stations. Since many of our El Sobrante Valley residents live in Richmond, the organizers thought of reaching out to the City for help with this.
Suggested ways of support include a $2,000 grant to procure the units, or City procure the units, staff a booth and stage public safety vehicles or equipment at the Stroll.
As a co-sponsor, organizers could provide the following items that would show the support of the City to the broad West County community as one of the sponsors of the Stroll. This could include the City logo on large banners that are before the Stroll at major intersections, with visibility to thousands of motorists. Organizers try to install these banners prior to the Labor Day weekend, to allow for maximum visibility for at least two weeks. Additionally, the City of Richmond logo could be included in the promotional email blasts and social media advertising, and organizers could provide a booth to the City as part of this package. The City is encouraged to assign two staff members to manage the booth.
Other departments such as the Police Department and Fire Department are invited to participate by having safety vehicles or equipment staged at the Stroll.
The consideration of the Richmond City Council is appreciated.
DOCUMENTS ATTACHED:
Attachment 1 – Event Flyer
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June 6, 2023
City Council
DATE: June 6, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Vice Mayor McLaughlin
Subject:
Memorial Park Bench at Pt. Molate Beach Park
FINANCIAL IMPACT: Approximately $1,000 (01917090-400322-PM902)
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
Carol Teltschik (1952-2021) was a former Planning
Commissioner, a long-time environmentalist, and a
tireless advocate for a sustainable Pt. Molate. There is a desire to have a park bench with an inscribed plaque at the Pt. Molate Beach Park in Carol’s honor
RECOMMENDED ACTION:
DIRECT staff to install a park bench at Pt. Molate Beach Park with a memorial plaque in honor of Pt. Molate
sustainability advocate and former Richmond Planning
Commissioner Carol Teltschick (1952-2021). Vice Mayor
McLaughlin (510-620-6636)
DISCUSSION:
Carol Teltshcik passed away on February 2, 2021, and will long be remembered as a civic and community leader in Richmond. She served on the Richmond Planning Commission for two (2) full terms from 2009 through 2012. While on the Planning AGENDA
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June 6, 2023
Commission, she and her fellow commissioners reviewed the 2030 General Plan and made recommendations to the City Council. In addition, Carol served on the General Plan Advisory Committee (GPAC). Carol was especially concerned that the General Plan include protection of the entire shoreline and Pt. Molate, in particular, for purposes of public health, climate protection and environmental sustainability.
Carol was one of the founders of the Citizens for a Sustainable Pt. Molate. Over the years, she engaged extensively with outreach to the public and writing articles and op- eds in opposition to a casino at Pt. Molate. She worked tirelessly researching and showcasing the results of her research outlining the problems that a casino would bring to Richmond. Simultaneously, she worked to gather public input on ideas for preserving Pt. Molate. In recent years, she worked with both the Pt. Molate Alliance and the Richmond Shoreline Alliance continuing to promote a sustainable Pt Molate and a healthy shoreline that restores ecological balance and prevents harm to our residents from toxins and sea level rise.
Carol also adored children and wanted them to be aware of the beauty of nature and the environment. She led tours to Pt. Molate Beach Park and was involved with events that gave the children a chance to appreciate the outdoors.
Carol also was involved in clean-up events at Pt Molate Beach Park and was, in fact, very involved in advocating for the reopening of Pt. Molate Beach in 2013.
Carol was an author of a book of short stories called "I Once Walked Barefoot" which she published the week before she passed.
She was a volunteer with the National Park Service's Golden Gate National Recreation Area's mounted horse patrol based in Tennessee Valley in Marin.
To learn more about Carol and her amazing character and spirit, please read the attached tribute written by Richmond resident and activist Charles Smith. There will be an event at Pt. Molate Beach Park in the fall and we are hoping that Public Works can install the bench and plaque by that time.
Here is an example of benches that might work:
https://www.thebenchfactory.com/memorial
And here is an example of a plaque: https://www.occoutdoors.com/bronze-memorial- plaques.html#product.info.description.
The inscription should read:
In loving memory of
Carol Teltschick
10/24/52 to 02/03/21
A tireless advocate for the preservation of Pt. Molate
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June 6, 2023
Note: This item will be reviewed by the Recreation and Parks Commission at their June 7, 2023, meeting.
DOCUMENTS ATTACHED:
Attachment 1 – Memorial Tribute to Carol Teltschick
196
1 Statement from Charles Smith, neighbor of Carol
Teltschick, on her passing
Our dear friend and neighbor, Carol Teltschick,
passed away on the evening of February 2, 2021, after a long and courageous struggle with cancer. She
departed just days after publishing her first book of
short stories, I Once Walked barefoot. I do not believe that this timing is coincidental. She was determined to get her book completed and survived long enough to
hold her published stories in her hands. She
accomplished this goal, as she did so many other things in life, through the exercise of exceptional
determination and strength.
As many of you may be aware, Carol was a natural-
born environmentalist, growing up as a Texas farm girl
loving horses and wide-open spaces. She worked
tirelessly to protect what little land and sea there is left 197
2 to preserve in the Bay Area. She was in on the battle to save Point Molate from the very beginning, long before
she and several others founded Citizens for a
Sustainable Point Molate. It was during our second
fight to save Point Molate that she found out her cancer had returned. Through all the treatments, doctor visits, medications, and pain she worked ceaselessly,
contributing enormously to our struggle.
Carol played a wild saxophone, practiced yoga, and
volunteered as a ranger at Point Reyes, working with
the horses there. She traveled the world alone from a
young age; played soccer with both men and women
whenever she had an opportunity to do so. Some years
ago, Carol was seriously injured when kicked by a horse in the leg but fought her way through to full recovery to ride again. She devoured books, was fluent in French,
loved to dance, and had advanced degrees in
science. She was a staunch feminist. Carol was frugal 198
3 but generous, loved children and people with her
characteristic energy and enthusiasm. Carol loved her
neighborhood and neighbors. She will be sorely missed
by all of us who knew her, worked with her, and loved
her. She went way too soon.
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June 06, 2023
City Council
DATE: June 6, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Councilmember Claudia Jimenez
Subject:
Resolution in support of AB 1465, Sponsored by
Assembly Member Buffy Wicks
FINANCIAL IMPACT: There is no financial impact to supporting the resolution.
PREVIOUS COUNCIL
ACTION:
The City Council has always taken a position to hold
refineries accountable for violations.
STATEMENT OF THE
ISSUE:
The Chevron refinery has dramatically increased its total number of violations of existing regulations and its
planned and unplanned flaring incidents over the past
four years. AB 1465 seeks to triple the fines for refinery violations.
RECOMMENDED ACTION:
ADOPT a resolution in support of Assembly Bill 1465,
sponsored by Assembly Member Buffy Wicks to triple
fines for refinery violations - Councilmember Claudia
Jimenez (510-620-6565).
DISCUSSION:
Refineries generate a large percentage of the total violations of existing environmental regulations. AB 1465 aims to reduce this number by tripling the existing fines for refinery violations. In our Bay Area region with four operating refineries, Chevron Richmond is the leader in both regulatory violations and flaring events.
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