City of Richmond
Request for Proposal
For
Automatic & Storefront Door
Inspection and Repair Services
Proposals must be submitted
no later than 3:00 p.m.
May 16, 2024
Any questions regarding this RFP may be made to:
Will Santana, Stationary Engineer Supervisor
510- 620-6696
Facilities Maintenance Division
City of Richmond / Department of Public Works
# 6 13th Street
Richmond, CA 94801
495
Purpose:
It is the City’s intent to acquire Automatic & Storefront Door Inspection & Repair Services as needed for facilities owned by the City of Richmond, and maintained by Public Works, Facilities Maintenance Division.
The City of Richmond’s Facilities Maintenance Division services and maintains multiple City facilities, and is inviting qualified vendors to submit a written proposal (RFP) to supply “on call” repair services for a wide variety of automatic and storefront doors located in City buildings.
Qualified Vendor (s) will be placed on a service provider list that will remain in effect for three years, for an amount not to exceed $150,000.00 over the three years. After three years the list may be updated and / or have a possible $50,000 two year extension with Department Head approval.
PROSPECTIVE SERVICE PROVIDERS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THIS ENTIRE REQUEST FOR PROPOSAL.
Vendors who wish to participate must meet certain criteria. Examples of such criteria may include being a member in good standing with the California State Licensing Board, being a member in good standing with the Better Business Bureau, be registered with the City’s “Bids Online” program, possess and demonstrate special knowledge, training, and skills applicable to this RFP, and have all required licenses, permits, and insurance.
Receipt of Proposals
All proposals shall be submitted in sealed envelope(s) and shall be clearly marked with the proposers name and RFP name: Automatic & Storefront Door Inspection and Repair Services RFP. One signed original RFP submittal, and two copies must be submitted no later than 3:00 p.m. on Wednesday, May 16, 2024 at #6 13th street, Richmond CA 94801, addressed to Will Santana. Unsigned, incomplete or late RFP’s will not be considered.
Site Visits
Site visits are encouraged and highly recommended to field verify door manufacturers, door types and existing conditions prior to submitting a RFP. Site visits may be scheduled by contacting Will Santana, Stationary Engineer Supervisor at [email protected] Three (3) days advance notice shall be provided.
General Scope of RFP
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The City of Richmond desires to engage qualified service providers to provide inspections, maintenance, and “on call” repairs associated with a wide variety of Automatic and Storefront doors in City maintained facilities. These services will generally be coordinated through Public Works staff.
Services shall include, but are not limited to, ability to provide general inspections, reports, and maintenance; and provide “on call, same day repair services”. Additionally service providers shall maintain a working relationship with an S2 Access Control approved service provider.
Doors serviced may be manual, automatic, handicap, fire rated, or security doors, and include pedestrian sliding, bifolding, telescoping, swinging doors, and various door operators..
Selected service providers must be able to:
• Accurately inspect and report, troubleshoot, provide parts for, and repair various, handicap, and automatic door systems in a timely manner. • Maintain a working relationship with an S2 ACCESS CONTROL approved S2 ACCESS CONTROL SYSTEM service provider. Selected automatic and storefront door service providers SHALL be able at all times to subcontract, coordinate, and manage any and all repairs with an S2 ACCESS CONTROL approved service provider on an as needed basis.
• Inspect service and repair a variety of manual storefront doors, and have the ability to inspect service and repair different types of door closers and panic hardware. • Must be able to inspect, repair and / or replace steel and aluminum door frames and trim and in some cases perform new installations.
• Must be able to accurately measure and replace door glass as required. • Caulking and/or weatherproofing of repaired door frames, and the cleaning of all new windows and store fronts.
• Automatic and Storefront Doors to be inspected, serviced, and/or repaired would typically be located in buildings owned by the City of Richmond, and maintained by Public Works, Facility Maintenance Dept. A partial list would include …
o 450 Civic Center (6 automatic doors)
o 440 Civic Center (2 automatic doors)
o Libraries (2 automatic doors @ two locations)
o Community Centers (7 automatic doors @ seven locations) o Swim Centers ( 2 automatic doors @ two locations)
Special Conditions
o Because 440 & 450 Civic Center utilizes S2 ACCESS CONTROL SYSTEMS; service providers are required to maintain a working relationship with an approved S2 ACCESS CONTROL SYSTEMS service provider. Selected automatic and storefront door service providers SHALL be able at all times to subcontract, coordinate, and manage any and all repairs with an S2 ACCESS CONTROL approved service provider on an as needed basis. 497
o The approved S2 ACCESS CONTOL service provider shall be identified by the applicant in the RFP submittal package.
o Provide bi- yearly inspections, reports, and maintenance associated with the care and maintenance of Automatic Doors and operators.
o Any repair and/or replacement of steel and aluminum door frames and trim must be able to accept the City’s approved hardware. This shall be, but is not limited to, Schlage locks and handles, Von Duprin panic hardware, Roton hinges and LCN door closers, Backing plates for door closers where required.
The City will have the salvage rights, if requested, for all parts and material that is removed from each project. All work/materials shall be in accordance with the City’s Building Regulations Department.
General Conditions
o Door repairs and installations shall be subject to general oversight, quality assurance, and final acceptance by representatives of the “City”, including, but not limited to, Facility Maintenance staff, Building Regulations officials, and Engineering officials.
o Occasionally, for larger repairs, door replacements, or new installations, competitive bidding shall be required prior to service. Pre-qualified service providers will be asked to visit a selected job site with a representative from the Maintenance or Facility Department. At this time, each service provider will be informed of what the project is and what the problems are. It then will be the service providers responsibility to develop a scope of work in writing of how the project will be completed, and provide a cost breakdown for labor, materials, and equipment.
o All Services shall be completed in an efficient and professional manner. The Service Provider shall provide all labor, materials, and equipment for delivery.
Products and service shall meet the satisfaction of the Facilities Maintenance Supervisor, or other City designee.
o The Service Provider shall deliver exceptional customer service, and shall meet or exceed industry standards of workmanship. All employees must conduct themselves courteously and professionally and be drug and alcohol free while working for the City of Richmond.
o The Service Provider agrees to disclose an annual report to Public Works, Facilities Maintenance Division which includes, but is not limited to, the type of repair or service provided, the location of such service, parts provided, and a summary of costs for each service provided.
o All deliveries shall be in compliance with regulations of all applicable codes and standards of governing authorities having jurisdiction, including provision for adequate protection to persons and property by means of insurance, bonding, traffic, etc.
498
o Deliveries shall be subject to general oversight, quality assurance, and final acceptance by representatives of the “City”, including, but not limited to, Facility Maintenance staff.
o Delivery arrangements must be made and agreed upon with an authorized City of Richmond representative.
o Two (2) failures to show may result in being removed from the qualified vendor list.
o The Service Provider shall be able to deliver service to the specified site upon one (1) days (24hrs) notice or less from a responsible City representative. Service shall be made Monday’s through Friday’s b etween the hours of 7:00am and 5 :00pm unless alternate delivery times are agreed to a responsible City representative.
Warranty / Guarantee
All service repairs furnished under these specifications shall be guaranteed by the vendor against defects in materials and/or workma nship for a minimum of ninety (9 0) days from date of acceptance. The vendor shall replace any such item(s) necessary during the guarantee period at the vendors own cost and expense without cost to the City.
New door installations shall be guaranteed by the vendor against defects in materials and/or workmanship for a minimum of one (1) year from date of acceptance . The vendor shall replace any such item(s) necessary during the guarantee period at the vendors own cost and expense without cost to the City.
Qualifications Criteria
The Qualifications criteria for this solicitation are as follows: 1) conformance to the terms and conditions in the solicita tion; 2) completeness of the proposal and required forms; 3) availability of service; 4) references and past performance information (PPI) review; 3) price.
Content of RFP Response
The service provider’s response to this RFP shall include the following information. Missing or incomplete information will not be considered in the evaluation, and may result in rejection for being nonresponsive.
499
• Written Statement of Qualifications
• Written responses to Supplemental Questions.
o For evaluation and selection purposes, the Statement of Qualifications should include complete and accurate answers. Vague or ambiguous answers may be considered nonresponsive.
• List three (3) verifiable current business references. • Your company’s written statement regarding Substance Abuse Policy. • Your company’s written Safety Policy.
• Written verification of City of Richmond Business License ( Upon Award ) • Written verification of California State License (If applicable) o Limited Specialty License – D28
Evaluation and Selection Criteria
RFP responses should be concise, well organized according to the requested information, and limited to no more than 30 pages including resumes. Information not provided cannot be considered or presumed. The review process places considerable emphasis on the responsiveness to the Supplemental Questions contained in this RFP. RFP responses not written specifically to this RFP request cannot be given serious consideration.
All RFP responses will be evaluated on the basis of the criteria listed in the qualifications section of this RFP.
All firms under consideration of this RFP will be evaluated by an evaluation committee. The City reserves the right to request supplemental information that the Evaluation Committee deems necessary to make a selection. The Committee may be supplemented by outside professionals, or professionals from other City departments who can provide additional expertise.
Bid award(s) shall be made to the lowest responsible and responsive bidder whose bid conforms in all material respects to the requirements and evaluati on criteria set forth in the RFP.
All service providers that provide a RFP response will be notified when selections are made.
Reservation of Rights by the City
The City is in no obligation to accept any submittal or to negotiate with any service provider.
The City reserves the right to accept submittals which are deemed most favorable and in the best interest of the City after all submittals have been examined and canvassed, to reject any or all submittals, and to be the sole judge of the best service provider suited for the City.
The issuance of this RFP and the acceptance of an RFP response does not constitute an agreement by the City that any contract shall actually be entered into by the city.
The City expressly reserves the right to:
• Waive any immaterial defect or informality in any RFP response or proposal procedure.
500
• Reject any or all RFP responses.
• Reissue a RFP.
• Procure any service by any other means.
• Request additional information and data from any or all companies. • Negotiate with any qualified service provider.
• Confirm any information provided in the service providers submittal, or inspect any of the service provider’s facilities that would be utilized in connection with performing services under any resulting contract.
Required Documents Submitted with Proposal
1. Background and experience of company with indication of how long company has been an established business
2. Written verification of California State License (If applicable)
3. References – a minimum of three (3) verifiable references from local municipalities, building authorities, counties, utility districts, school district, medical organization ( i.e.
Kaiser Permanente / Sutter Health) , transportation authority, housing authority, or other organization with a similar facility complex.
4. Written blank copy of your company’s employment application.
5. Answers to Supplemental Questions
6. Cost
Required Documents upon Award
Within five days of acceptance of proposal, the awarded contractor must sign the purchase of services contract and submit the following documentation. Other documentation may also be needed, and will be noted in the final contract.
• Sign the City’s Purchase of Services Contract – Attachment A
• Provide a “Certificate of General Liability Insurance” with an attached “additional insured endorsement” that names the City of Richmond as additional insured. – Attachment B
• Provide a copy of a current “Business License “with the City of Richmond, which will remain in effect for the duration of the project.
Questions
Questions regarding this RFP are to be directed by e-mail to: Will Santana, Stationary Engineer Supervisor at [email protected] no later than five (5) working days prior to the closing date. All questions should be in writing and such contact shall be for clarification 501
purposes only. Any questions, which in the opinion of the City warrant a reply or material changes to the scope of services or proposal procedures will only be transmitted in writing to all parties receiving this RFP.
Terms
By submitting a proposal, applicants declare this proposal is made without collusion with any other person, firm or corporation. Applicants further declare the proposal has been carefully considered and studied, and agrees if this proposal is accepted, that they will supply and service the City of Richmond.
Compliance with City Ordinances
The contractor and all subcontractors shall comply with the City of Richmond Nondiscrimination Clauses in City Contracts Ordinance (Richmond Municipal Code (RMC) Chapter 2.28), Business Opportunity Ordinance (RMC Chapter 2.50), Local Employment Program Ordinance (RMC Chapter 2.56), Living Wage Ordinance (RMC Chapter 2.60) and Ordinance Banning the Requirement to Provide Information of Prior Criminal Convictions on all Employment Applications (“Ban the Box”) (RMC Chapter 2.65), which are incorporated into the Contract Documents by this reference.
502
Licensing and Service Contact Section
(This page is required to be submitted with Proposal)
License (If applicable):
The undersigned hereby declares that he is a Licensed Contractor and has been in business for _________ years with store front; has a valid State of California Contractor's License sufficient to qualify as Contractor in this case, and a current City of Richmond, CA Business License (needed upon contract award); and will obtain all required permits.
Name of Company: __________________________________________________________ California Contractors License Number: ___________________________________________ Expiration Date: __________________ Classification Numbers: ________________________ Name: ______________________________ Signature: ____________________________ Title: _______________________________
Service Contact Information:
Vendor shall indicate person or persons, and phone numbers to contact for service during normal working hours. (Type written only )
Vendor shall indicate the person or persons, and phone numbers to contact of afterhours emergency service (Type written only) .
503
Statement of Qualifications
(This page is required to be submitted with Proposal)
Statement of Qualifications:
Describe your company’s local main office, operations and warehouse facility. Describe your company’s skills, qualifications, licensing, and experience that best qualify your company as a vendor for the City of Richmond. In order to be considered, “skills, qualifications, and experience” must be submitted with this request Please be as complete and specific as possible. Use additional typed pages as needed. Vague and ambiguous answers will be considered unresponsive and may result in disqualification.
.
504
Supplemental Questions Section
(This page is required to be submitted with Proposal)
Please answer the following Supplemental Questions:
1. What, if any, applicable California State Licenses and certifications does your company possess, and describe any applicable Trade Associations your company belongs to.
2. Brief assessment of the present workload capacity.
3. What applicable licenses, certifications’ or required training does your company require employees to have?
4. What is your company’s safety record? Have any employees lost time from work due to workplace injury? Has your company had any serious injuries or deaths for the past three years? Has your company received any CAL OSHA violations in the past three years? Please be as specific as possible. Use additional typed pages as needed. Vague and ambiguous answers will be considered unresponsive and may result in disqualification.
5. Is your company aware of the minimum insurance, licensing, and bonding requirements to perform work in the City of Richmond ? (Please date & initial )
YES ___________________ NO ____________________
505
Supplemental Questions Section
(This page is required to be submitted with Proposal)
6. Will your company meet, and maintain the minimum levels of insurance, licensing, and bonding requirements required by the City of Richmond? (Please date & initial)
YES _________________ NO _______________
7. Does your company have any unsettled liens, suits, or judgments against it?
YES __________
NO ____________
8. What are your company’s average gross yearly sales for the past 7 years? $______________________________
9. Is your company based in Richmond California? _____________________________
10. Are any Richmond residents currently employed by your company?
_____________ YES
_____________TOTAL NUMBER OF EMPLOYEES WHO RESIDE IN RICHMOND
_____________TOTAL PERCENTAGE OF EMPLOYEES RESIDING IN RICHMOND
_____________NO, Our company does not currently employ any Richmond residents.
11. Your company is ____________ miles away from 450 Civic Center Plaza, Richmond CA 94804
12. Your company’s average response time to calls for service is ____________ hours.
506
Supplemental Questions Section
(This page is required to be submitted with Proposal)
Has your company has made site visits and performed field inspections of the automatic doors listed below? YES _____________ NO ________________
Richmond CA.
Existing Automatic Door Locations and throughout the City of Richmond
450 Civic Center (City Hall)
• One pair of pivoting automatic doors w/ ADA push plate on the south side of the building. • One pivoting automatic door w/ ADA push plate on the north side of the building. 440 Civic Center
• One pair of pivoting automatic doors w/ ADA push plate on the east side of the building • One pair of pivoting automatic doors w/ ADA push plate on the west side of the building 325 Civic Center (Main Library)
• Two single retracting automatic doors (front main entrance) 330 25th Street (Employment and Training Building)
• One telescoping automatic door on west side of building. • One sliding automatic door on east side of building.
2525 Macdonald Ave (Main Senior Center)
• One pivoting automatic door w/ ADA push plate.
1 Richmond Ave (Richmond Municipal Natatorium / the Plunge) • One pivoting automatic door with ADA push plate (front main entrance) 4300 Cutting Blvd (Richmond Swim Center)
• One pivoting automatic door with ADA push plate (front main entrance) 598 Nevin Ave (Nevin Community Center)
• One pair of sliding automatic doors ( front main entrance) 900 Williams Drive (Parchester Community Center)
• One sliding automatic door (front main entrance)
1410 Kelsey Ave (Shields Reid Community Center)
• One pair of automatic sliding doors (front main entrance) 960 South 47th St (Booker T. Anderson Community Center) • One pair of sliding automatic doors
1900 Barrett Ave (Disabled People Recreation Center)
• One automatic sliding door (front main entrance)
3230 Macdonald Ave (Recreation Complex)
• One automatic sliding door (front main entrance)
139 Washington Ave (Point Richmond Center)
• One pair of automatic sliding doors (front main entrance) 403 Civic Center (Auditorium)
• One pair of telescoping automatic sliding doors (front entrance) 507
Supplemental Questions Section
(This page is required to be submitted with Proposal)
Please complete the pricing information below.
PLEASE NOTE: Prevailing Wage Applies to this Contract
Inspection and service rate per automatic door / 15
locations identified above / 19 doors / Field
verification required.
Minimum Service Call Rate
Hourly Service Rate for Journeyman
Hourly Service Rate for Assistant
Minimum Afterhours Service Rate
Overtime Service Rate for Journeyman
Overtime Service Rate for Assistant
Percent of markup for materials & supplies.
Please initial below.
My company understands the City reserves the right to evaluate and/or purchase any item, whether offered at a higher or lower price, if we consider it to be in the best interest of the City. The City’s decision shall be final. Price alone may not be the sole factor in making bid award(s).
Initial and date: _____________________
508
Supplemental Questions Section
(This page is required to be submitted with Proposal)
The selected automatic and storefront door service providers SHALL be able at all times to subcontract, coordinate, and manage any and all repairs with an S2 ACCESS CONTROL approved service provider on an as needed basis. A minimum of one (1) must be identified.
Identify the S2 ACCESS CONTROL approved service provider (s) your company has a working relationship with.
509
References
(This page is required to be submitted with Proposal)
A minimum of three (3) verifiable references from local municipalities, building authorities, counties, utility districts, school district, medical organization ( i.e. Kaiser Permanente / Sutter Health) transportation authority, housing authority, or other organization with a similar facility complex whom the bidder has provided a similar scope of work during the past twelve (24) months of comparable settings, complexities and quantities as required of this request for proposal. These companies will be contacted prior to award of proposal.
1. Name of Business: _________________________________________________________ Address: ________________________________________________________________ Approx. size of company: ________________ Dates of service: ___________________ Contact person: _______________________ Phone number: ( ) __________ E-mail address: __________________________________
2. Name of Business: ___________________________________________________________ Address: _________________________________________________________________ Approx. size of company: ________________ Dates of service: _____________________ Contact person: _______________________ Phone number: ( ) _____ E-mail address: _____________________________
3. Name of Business:___________________________________________________________ Address:___________________________________________________________________ Approx. size of company: __________________ Dates of service: ___________________ Contact person: _______________________ Phone number: ( ) ___________ E-mail address: _____________________________________________________________ 510
City ofRichmond1 RFP Evaluation Form-Automatic & Storefront Door Inspection and Repair Services
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September 10, 2024
Public Works
DATE: September 10, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Daniel Chavarria, PE, Director of Public Works
Tawfic Halaby, PE, Deputy Director of Public Works
Carl Capistrano, Public Works Superintendent
Subject:
Resolution to Award a Contract to Pestec for Routine and On-Call Pest Control, Bird Mitigation and Clean -Up
Services
FINANCIAL IMPACT: The proposed expenditure of $100,000 for the duration of the three-year contract and $50,000 for the entire
duration of the two optional one-year extensions will be funded from the approved fiscal years 2024/25 – 2026/27 and 2027/28 – 2028/2029 Public Works budget
(01232331 400524)
PREVIOUS COUNCIL
ACTION:
Not applicable.
STATEMENT OF THE
ISSUE:
The Facilities Maintenance Division is requesting City
Council to adopt a resolution approving a three-year
contract, with two optional one-year extensions, with
Pestec for routine and on-call pest control, bird mitigation and clean-up services.
RECOMMENDED ACTION:
ADOPT a resolution to award a three-year contract for
$100,000 with Pestec beginning on October 1, 2024, and
ending on September 30, 2027, with two optional one-
year extensions for a total amount of $50,00 for both
option years – Public Works Department (Carl Capistrano 510-620-6896/Daniel Chavarria 510-620-5478/Tawfic
Halaby 510-620-5482).
AGENDA
REPORT
514
September 10, 2024
DISCUSSION:
Background
The City of Richmond prevents pest damage to its properties and facilities in line with its Integrated Pest Management (IPM) Policy. The continued maintenance and protection from pests of City owned properties minimizes the risk to people, property, infrastructure, natural resources, and the environment. It also reduces the evolution of pest resistance to pesticides and other pest management practices.
The City’s IPM policy delegates the Public Works Department to prepare pest control contracts for routine and on-call pest control services for its properties including but not limited to the Civic Center Campus, Libraries, Community Centers, Aquatic Facilities, Fire Houses, Police Stations, and the Corporation Yard. The pest control service includes interior and exterior inspection, clean up and treatment of facilities to address insects, bugs, birds and rodents. Pest control activities are reported to the Public Works Department on a quarterly and yearly basis. City staff does not possess the training and expertise to inspect for pests or, to remediate bird and rodent droppings. The use of chemicals in pest control services require specialized training and licenses, which is why the City contracts with a pest control service provider as opposed to handling this in-house by City staff.
The City of Richmond contracted with a Nevada-based pest control service provider for the abovementioned services, but the contract expired on March 1, 2024.
Analysis
City staff prepared a Request for Proposal (RFP) on April 25, 2024 to solicit bids from vendors through the City’s website. A total of 48 vendors were notified but only 1 responded with a bid. On May 16, 2024, Pestec sent out a proposal which was accepted by City staff.
An evaluation panel scored the proposal from Pestec based on the following criteria:
experience, qualifications, organizational capacity and cost. Upon review of the proposal, the panel concluded that Pestec meets the criteria set forth in the Request for Proposal and scored high in all categories.
The requested contract term is a total of 3 years with two optional one-year extensions.
The current request contract-term is a base requirement to ensure that all on-call services will be adequate and that all city properties and facilities shall be routinely inspected, maintained and cleaned to keep the city properties in a healthy state.
Moreover, the 3-year contract term provides enough time for the City to squarely evaluate the actual service being rendered by the contractor vis-à-vis the scope of the 515
September 10, 2024
work. Likewise, the two one-year extension options give flexibility to the City to continue the relationship with Pestec, if conditions warrant it.
Conclusion
Therefore, staff requests that the City Council adopt the Resolution to award a three- year contract with Pestec beginning on October 1, 2024, and ending on September 30, 2027, with two optional one-year extensions and appropriate an amount not to exceed $100,000 for the three-year contract and an amount not to exceed $50,000 for the duration of the two optional one-year extensions with approval from the Public Works Director.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Contract
Attachment 3 – RFP
Attachment 4 – Evaluation Form
Attachment 5 – Integrated Pest Management
516
Reso. No. XX-24
DocID #26084v1DocID #26084v1
Formatted: Font: 8 pt
RESOLUTION NO. __-__
A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,
APPROVING A CONTRACT WITH PESTEC FOR ROUTINE AND ON-CALL PEST
CONTROL SERVICES, BIRD MITIGATION AND CLEAN UP SERVICES OF CITY- OWNED FACILITIES FOR A THREE (3) YEAR PERIOD FROM OCTOBER 1, 2024 TO SEPTEMBER 30, 2027, IN THE AMOUNT NOT TO EXCEED $100,000 OVER A THREE (3) YEAR TERM WITH TWO OPTIONAL ONE (1) YEAR EXTENSIONS FOR A TOTAL AMOUNT NOT TO EXCEED $50,000
WHEREAS, the City of Richmond maintains and protects its properties and facilities using its Integrated Pest Management (IPM) Policy with t he mission of promoting the combine d use of physical, cultural, biological and chemical control methods to effectively manage pests within minimal risk to the environment and humans; and
WHEREAS, the City of Richmond, through the IPM Policy, assigns its Public Works Department to develop pest control contract specifications for routine and on -call pest control services and that should be adhered to by all licensed pest control contractors performing work on City properties and facilities; and
WHEREAS, the routine and on -call pest control service s include interior and exterior inspection, clean up, and applicable treatment of City owned properties and facilities to effectively control and eradicat e ants, spiders, fleas, roaches, termites, mosquitoes, pigeons, insects, bugs, rats, and other pests. The City properties and facilities include but are not limited to the Civic Center Campus, libraries, community centers, aquatic facilities, fire houses, police stations and the corporation yard; and
WHEREAS, the City no longer has a contract with a pest control services provider at the moment due to the expiration of its previous contract with a Nevada -based pest control company last on March 1, 2024; and
WHEREAS, the City of Richmond Public Works Department – Facilities Maintenance Division issued a Request for Qualifications (RFQ) for Pest Control Services via the City of Richmond’s public bidding system, BidsOnLine wherein Pestec, a Bay Area company, was the sole bidder that submitted its proposal; and
WHEREAS, the proposal was evaluated by a panel comprised of City staff members which recommended the proposal from Pestec; and
WHEREAS, the contract with Pestec would be for an amount not to exceed $100,000 for a three-year term (October 1-2024 to September 30, 2027) with two optional one-year extensions for an amount not to exceed $50,000 for the full term of the extension.;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richmond that a contract with Pestec is approved for the routine and on-call pest control, bird mitigation and clean up services for a period of three years, from October 1, 2024, through September 30, 2027, with a total expenditure not to exceed $1 00,000. Th e contract includes two optional one-year extensions, at the City's discretion, with an additional amount not to exceed $50,000 for the full term of the extensions.
*********************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held [enter date], by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Commented [SM1]: No discussion of evaluation
factors in the selection of Pestec
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PAMELA CHRISTIAN
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
EDUARDO MARTINEZ
Mayor
Approved as to form:
DAVE ALESHIRE
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. XX-XX, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on [enter date].
Pamela Christian, Clerk of the City of Richmond
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CLERK’S
CERTIFICATE
I, Pamela Christian, City Clerk of the City of Richmond, do hereby certify as follows:
The foregoing resolution is a full, true and correct copy of Resolution No. XX-XX duly adopted at a regular meeting of the City Council of said City duly and regularly held at the regular meeting place thereof on the [X day of Month Year] , of which meeting all the members of said City Council had due notice and at which a majority thereof were present; and that at said meeting said resolution was adopted by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
An agenda of said meeting was posted before said meeting at City Hall, 450 Civic Center Plaza in the City of Richmond, California, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.
I have carefully compared the foregoing with the original on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting.
Said resolution h as not b een amended, mod ified or rescinded s ince the d ate of its adoption and the same is now in full force and effect.
Dated: , 2024.
City Clerk of the City of Richmond
[SEAL]
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CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail: Project Manager Phone No:
Vendor No: Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond, a municipal corporation (“the City”), and the following named Contractor:
Contractor Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No:
2. Term. The effective date of this Contract is ________________________ and terminates ______________ unless terminated earlier as set forth herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $______________ (“Contract Payment Limit”) unless a Contract Amendment has been approved by the City Council or City Manager. If this amount includes a contingency, Contractor acknowledges that any use of such contingency shall be for work beyond the original scope of services and requires prior written authorization by the City. If noted below, Compensation for work done under this Contract, shall not exceed as follows:
FY
total compensation shall not exceed $
FY total compensation shall not exceed $
FY total compensation shall not exceed $
4. Contractor’s Obligations. Contractor agrees to perform all work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, in accordance with Exhibit A:
Service Plan which is attached hereto and incorporated herein. [ ] A California corporation , [ ] limited liability corporation, [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]______________________________ [ ] other [specify:]__________________________________ 520
5. City Obligations. City shall make payments to the Contractor in accordance with the Payment Provisions set forth in Exhibit B, attached hereto and incorporated herein.
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C), attached hereto and incorporated herein.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and incorporated herein.
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and incorporated herein.
10. Signatures. These signatures attest the parties' agreement hereto:
CITY OF RICHMOND,
a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
By:
Title By:
I hereby certify that this Contract Title:
has been approved by City Council
or the City Manager. Date Signed:
By:
City Clerk
(* The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign below)
Approved as to form:
By:
By: Title:
City Attorney
Date Signed:
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Sanctuary City Compliance Statement Exhibit G 521
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EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the Project Manager (set forth in Exhibit B), perform the following services and be compensated as outlined below [or attach service plan if necessary]:
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523
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525
526
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529
530
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EXHIBIT B
PAYMENT PROVISIONS
1. COMPENSATION TO CONTRACTOR:
a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.
b. All payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel, etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.
2. SUBMISSION OF INVOICES:
Contractor shall submit timely invoices by email to
[email protected] and/or to the following address: Attention:
City of Richmond Finance/Account Payable
Project Manager:
P.O. Box 4046
Richmond, CA 94804
3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, before payments shall be authorized.
4. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
5. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.
6. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized. 536
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EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. All required written notices shall be delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.
2. Each notice shall be deemed to have been received on the earlier to occur of: actual delivery or the date on which delivery is refused; or three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).
3. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address.
4. All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:
City of Richmond –
Richmond, CA 94804
Email: ______________________________________________________
5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:
Business Name
Street Address
City, State Zip
Email: ______________________________________________________ 450 Civic Center Plaza
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EXHIBIT D
GENERAL CONDITIONS
1. INDEPENDENT PARTIES:
Contractor hereby declares that Contractor is engaged as an independent business and Contractor agrees to perform the services as an independent contractor. The manner and means of conducting the services and tasks are under the control of Contractor exce pt to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment will be acquired by virtue of Contractor’s services. None of the benefits provided by the City t o its employees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer - employee relationship from any compensation due to Contractor. Payments of the above items, if required, are the responsibility of Contractor.
2. TIME IS OF THE ESSENCE:
Contractor and the City agree that time is of the essence regarding the performance of this Contract.
3. STANDARD OF CARE:
Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals or service Contractors, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City.
4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Contractor assumes all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.
5. NON-DISCRIMINATION:
Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, disability (both mental and physical) including HIV and AIDS, medi cal condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political 538
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affiliation, military and veteran status or legitimate union activities . Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.
6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City.
b. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data. c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee. d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.
7. RECORDS:
a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”). b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and t o allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment. c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
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8. PERMITS AND LICENSES:
Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses, including a City business license , required in connection with the performance of the services and tasks hereunder . The failure to obtain such permits and licenses shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumst ances without necessitating any modification of this Contract to reflect such waiver.
9. TERMINATION:
a. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder immediately upon transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.
b. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Exhibit B; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
10. CONFLICT OF INTEREST:
Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
11. HOLD HARMLESS:
a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses 540
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whatsoever, including attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor.
Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract. b. This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8).
12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:
a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee. b. Contractor shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer. The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent.
c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture. d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then 541
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Contractor shall submit a written request for consent to add sub-contractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.
e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor. f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.” g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.
13 SAFETY:
a. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and tasks under this Contract. Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours.
In addition, Contractor will comply with all safety provisions in conformance with U.S.
Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, 542
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including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.
14. INSURANCE:
Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
15. COMPLIANCE WITH ALL APPLICABLE LAWS:
a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable. b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance as prescribed in § 2.60.070 of the Municipal Code. c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor .
d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies . Contractor agrees to abide by the terms and conditions of said policies.
16. INTEGRATED CONTRACT:
The Recitals and exhibits are a material part of this Contract and are expressly incorporated herein. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall 543
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be held to vary the provisions hereof. Any modification of this Contract will be effective only by written execution signed by both the City and Contractor.
17. CONFLICTING PROVISIONS:
In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Condition as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
18. FORCE MAJEURE:
Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
19. CONFLICT OF LAW:
This Contract shall be interpreted under, and enforced by the laws of the State of California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.
20. CLAIMS:
Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
21. INTERPRETATION:
This Contract shall be interpreted as if drafted by both parties.
22. WARRANTY:
If any product is be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to 544
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City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
23. SEVERABILITY:
In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
24. AUTHORITY:
City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City.
The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.
25. WAIVER:
The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach. Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payment therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
26. COUNTERPARTS:
This Contract may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):
The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the 545
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United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G. 546
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EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):
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EXHIBIT F
INSURANCE PROVISIONS
___ Check here if Risk Management has approved waiving insurance requirements for this contract.
a. Before the commencement of the terms of this Contract, and during the entire term of this Contract and any extension or modification thereof, Contractor shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with Sections 10.b. (1) through (5) Such certificates, which do not limit Contractor’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Richmond. Attention: Risk Manager.” Contractor shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Contractor shall deliver updated insurance certificates to the City at the address described in Section 17.f. prior t o the expiration of the existing insurance certificate for the duration of the term of Contract. Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.
b. COVERAGE REQUIREMENTS:
Contractor shall maintain insurance coverage and limits at least as broad as:
(1) Workers’ Compensation:
Statutory coverage as required by the State of California. (2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown above. Additional 548
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Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (3) Automotive:
Comprehensive automobile liability coverage (any auto) in the following minimum limits:
Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (4) Professional Liability:
Professional liability insurance which includes coverage appropriate for the professional acts, errors and omissions of Contractor’s profession and work hereunder, including, but not limited to, technology professional liability errors and omissions if the services being provided are technology -based, in the following minimum limits:
$2,000,000 each occurrence
Technology professional liability errors and omissions shall include, or be endorsed to include: property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City in the care, custody, or control of Contractor. If not covered under Contractor’s liability policy, such “property” coverage of the City may be endorsed onto Contractor’s Cyber Liability Policy as covered property as follows: cyber liability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City that will be in the care, custody, or control of Contractor. (5) Cyber Liability:
Coverage shall be sufficiently broad to respond to the duties and obligations as are undertaken by Contractor in this Contract and shall include, but not be limited to, claims involving infringement of intellectual property, copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations with the following minimum limits:
$2,000,000 per occurrence or claim.
549
Contract No: For the Contract between the City
of Richmond and
As to commercial general liability and automobile liability insurance, such insurance will provide that it constitutes primary insurance with respect to claims insured by such policy, and, except with respect to limits, that insurance applies separately to each insured against whom claim is made or suit is brought. Such insurance is not additional to or contributing with any other insurance carried by or for the benefit of the City.
c. SUBROGATION WAIVER:
Contractor hereby agrees to waive rights of subrogation that any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor, its employees, agents and subcontractors. d. FAILURE TO SECURE:
If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor’s name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
e. ADDITIONAL INSUREDS:
The City, its City Council, boards, commissions, officials, employees, agents, and volunteers shall be named as additional insured(s) under all insurance coverages, except workers’ compensation and professional liability insurance. The naming of an additi onal insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An y additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.
Additional Insured coverage under Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self -insurance. Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured(s). f. SUFFICIENCY OF INSURANCE:
The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater. 550
EXHIBIT G
SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12 -18 (hereafte
r "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Con tractor understands the meaning of the foll owing terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide varie
ty of sources for the purposes of reselling such information to their customers, whic
h include both private-sector business and government agencies; ii. The aggregation of data that was collected for another purpose from that for which it is ulti
mately used.
b. “Ex treme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contr
act and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or en tity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Printed Name: Title:
Signed: Date:
Business Entity:
Vendor SCCO Compliance Statement (July2024)
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors.
Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.
6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)
7. Contractor’s Pollution Liability (if applicable for Construction Contractors) Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61
.
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011
PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. 553
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.
SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:
1. A Bid bond
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
554
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
555
City of Richmond
Request for Qualifications
For
Pest Management Services &
Bird Mitigation and Clean Up Services
Responses must be submitted
no later than 3:00 p.m.
May 16, 2024
Questions regarding this RFQ can be made to:
Khary Clyburn, Maintenance Supervisor
[email protected]
510-620-6925
City of Richmond / Public Works Department
450 Civic Center Plaza
Richmond, CA 94804
556
Purpose
The City of Richmond is inviting Qualified Service Providers to reply to a Written Request for Qualifications (RFQ) to provide routine and on-call pest control services and bird mitigation and clean up services at various City facilities.
The City will select one or multiple vendors to provide these services. The Qualified Service Provider list will remain in effect for three years, with a not to exceed amount of $100,000 over three (3) years. After three years the list may be updated and / or have a possible two year extension with Department Head approval.
Receipt of Qualifications
One original copy of RFQ and two sealed copies must be submitted no later than 3:00 p.m. on May 16, 2024 at City of Richmond, 450 Civic Center Plaza, Richmond CA 94804 addressed to Khary Clyburn. Incomplete or late RFQ’s will not be considered.
Scope of Services
Contractor is responsible for all materials, supplies, equipment, tools, labor, permits and other services necessary to perform full treatment pest control, bird mitigation and clean up services for all City facilities specified as follows:
A. On-Call Interior and Exterior Pest Control service include inspection and treatment to effectively control and eradicate ants, spiders, black widows, fleas, roaches, earwigs, silverfish, rats, mice, and rodents, plus any other pests not specifically excluded from this contract. City owned structures that may require service include, but are not limited to:
a. Civic Center Campus
b. Libraries
c. Community Centers
d. Aquatics Facilities
e. Fire Houses
f. Police Stations
g. Corporation Yards
This contract also includes termite, pigeon, fly, and mosquito control services.
B. Contractor shall provide pigeon mitigation services including nest/detritus removal and installation of raised-netting systems, spikes, screening and other deterrents as required at various city locations. The unit prices in the fee schedule shall include full compensation for all labor, supervision, materials, equipment, tools, cleanup and incidentals require to bird abatement services, and no other compensation will be allowed. Contractor shall cover or protect any structures or equipment that may be damaged during bird abatement services. Jobs will be quoted individually as needed and there is no guaranteed usage.
557
C. Contractor shall abide by all local, state, federal, Cal/OSHA, OSHA safety codes, policies, and procedures. Contractor will be responsible for fines incurred if not in compliance with OSHA standards. Before the start of work, Contractor shall post signs and provide barricades to safely protect the public. Contractor shall remove all signs and barricades at the completion of the services.
D. All pesticides must be procured, processed, handled, and applied in strict accordance with the manufacturer’s label, which must be registered with the Environmental Protection Agency (EPA) and California Department of Pesticide Regulation (DPR) for enforcement of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
E. Contractor may not use pesticides in any pest control treatment program required by this contract in any manner inconsistent with its labeling. All pesticides used in the pest control treatment programs must be properly labeled for the control of the target pests against which they are being used and contractor must strictly adhere to label instructions.
F. All indoor facility pest control applications and service calls must be performed after normal business hours for the safety of all City Employees. All outdoor facility pest control applications and service calls shall be performed between the hours of 6:30 a.m. and 2:30 p.m.
G. Contractor shall provide the service of one (1) or more Field Representatives to be responsible for assuring that the services provided under the contract are satisfactory.
The Field Representatives(s) shall be available and able to provide onsite consultation/problem resolution is required by the City’s Project Manager.
H. All insecticides, rodenticides, bait stations; debris and coverings must be removed from the premises covered by this contract at the end of the contract term. Written certification of such removals must be submitted to the appropriate City Project Manager responsible for the service locations.
I. Contractor will be required to provide a monthly report detailing all pesticide applications, rodent abatement stations, and bird abatement services made during the month. Reports must be received by the 15th of the following month.
J. While working on City property, the Contractor’s employees shall wear uniforms with appropriate company name and logo. Contractor’s vehicles shall be clearly marked with appropriate company name and logo.
K. Purchases of materials and services made by the contractor shall be consistent with the City’s Integrated Pest Management Policy and State of California Pesticide Laws & Regulations.
558
L. Contractor shall respond to any service call within 24hrs during normal business hours (Monday through Friday, 8:00 am through 3:00 pm).
Content of RFQ Response
The service provider’s response shall include the following.
Experience.
Description of services performed.
Cost estimate for services performed, including hourly or daily rates where appropriate.
Names and contact information managers and supervisors. Description of vehicles and equipment to be used.
Brief assessment of the present workload capacity.
List of five (5) verifiable current business references. Verification of California State Contractors License ( if applicable) Verification of compliance with City ordinances (ban the box)
Evaluation
Service Providers will be evaluated on the following:
Experience
References
Licensing and certification
Compliance with City ordinances
Answers to Supplemental Questions
Response time
Cost
Evaluation and Selection
RFQ responses should be concise, well organized, and brief as possible according to the requested information. The review process places considerable emphasis on the responsiveness to the RFQ response to the requirements outlined above. RFQ responses that are not written specifically to this response to this request cannot be given serious consideration.
All RFQ responses will be evaluated on the basis of the criteria listed above in the qualifications section of this RFQ. All service providers that provide a RFQ response will be notified when selections are made.
All firms under consideration of this RFQ will be evaluated by an evaluation committee.
The City reserves the right to request supplemental information that the Evaluation Committee deems necessary to make a selection. The Committee may be supplemented by outside professionals, or professionals from other City departments who can provide additional expertise.
559
The Selection Committee will evaluate the proposals based on the following factors:
a. EXPERIENCE 30 points
Past, recently completed, or on-going projects that will substantiate experience Understanding of the nature and extent of the services required References
b. QUALIFICATIONS 30 points
Professional experience and qualifications of company Response time to emergency and after hour requests
Ability to perform on short notice and under time constraints Licensing and Certification
c. ORGANIZATION 20 points
Available staff and specialized resources, if any
Capacity and flexibility to meet schedules, including any unexpected work Answers to Supplemental Questions
d. COST 20 points
Proposed rates and fees
Compliance with City Ordinances
o The contractor and all subcontractors shall comply with the City of Richmond Nondiscrimination Clauses in City Contracts Ordinance (Richmond Municipal Code (RMC) Chapter 2.28), Business Opportunity Ordinance (RMC Chapter
2.50), Local Employment Program Ordinance (RMC Chapter 2.56), Living Wage Ordinance (RMC Chapter 2.60) and Ordinance Banning the Requirement to Provide Information of Prior Criminal Convictions on all Employment Applications (“Ban the Box”) (RMC Chapter 2.65), which are incorporated into the Contract Documents by this reference.
Reservation of Rights by the City
The City is no obligation to accept any submittal or to negotiate with any service provider. The City reserves the right to accept submittals which are deemed most favorable and in the best interest of the City after all submittals have been examined and canvassed, to reject any or all submittals, and to be the sole judge of the best service provider suited for the City.
The issuance of this RFQ and the acceptance of an RFQ response does not constitute an agreement by the City that any contract shall actually be entered into by the city.
The City expressly reserves the right to:
Waive any immaterial defect or informality in any RFQ response or proposal procedure.
560
Reject any or all RFQ responses.
Reissue RFQ.
Procure any service by any other means.
Request additional information and data from any or all companies. Negotiate with any qualified service provider.
The City may confirm any information provided in the service providers submittal, or inspect any of the service providers facilities that would be utilized in connection with performing services under any resulting contract.
Required Documents Submitted with Quote
A blank copy of your company’s employment application. (It will be used to verify compliance with the City’s “Ban the Box” ordinance).
References – a minimum of five (5) verifiable references from local municipalities, building authorities, counties, utility districts, school district, transportation authority, housing authority, or other organization with a similar facility complex. Response to Supplemental Questions.
Required Documents upon Award
Within five days of award, the awarded contractor must sign the purchase of services contract and submit the following documentation. Other documentation may also be needed, and will be noted in the final contract.
Sign the City’s Purchase of Services Contract – Attachment A Provide a “Certificate of General Liability Insurance” with an attached “additional insured endorsement” that names the City of Richmond as additional insured. – Attachment B
Provide a copy of a current “Business License “with the City of Richmond, which will remain in effect for the duration of the project.
Questions
Questions regarding this RFQ are to be directed by e-mail to:
[email protected] , by May 7, 2024 5:00 p.m. All questions should be in writing and such contact shall be for clarification purposes only. Any questions, which in the opinion of the City warrant a reply or material changes to the scope of services or proposal procedures will only be transmitted in writing to all parties receiving this RFQ.
561
Supplemental Questions
(This page is required to be submitted with Quote)
License
The undersigned hereby declares that he is a Contractor and has been in business for ___ years with store front; has a valid State of California Contractor's License sufficient to qualify as Contractor in this case, and a current City of Richmond, CA Business License (needed upon contract award) ; and will obtain all required permits.
California Contractors License Number: ___________________________________________
Expiration Date: __________________ Classification Number: ________________________
Name: ______________________________ Signature: ____________________________
Title: _______________________________
Service Contact Information
Contractor shall indicate person and phone number to contact for during normal working hours repairs:
Contractor shall indicate person and phone number to contact for after hours repairs:
Experience:
Describe your company’s skills, qualifications, and experience that best qualify your company as a service provider for the City of Richmond. Be specific, thorough, and complete. Information not provided cannot be considered or presumed. In order to be considered, qualifications, skills, and experience must be submitted in writing with this request. _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ ______
562
(This page is required to be submitted with Quote)
Please answer the following Supplemental Questions
1. What applicable California state contractor licenses does your company and workers posses?
2. What are the qualifications of key personnel?
3. What applicable licenses, certifications’ or required training does your company require employees to have?
4. What is your company’s safety record? Has your company had any serious injuries or deaths for the past three years?
5. How many years has your company been able to successfully operate?
6. Describe your company’s main office, operations facility, warehouse facility, service personnel, support staff, vehicles, available equipment, and specialized equipment? Please be specific.
563
Supplemental Questions
(This page is required to be submitted with Quote)
QUESTIONS
1. PLEASE INDICATE YOUR CALIFORNIA
STATE CONTRACTOR’S LICENSE NUMBER
AND TYPE(S) (IF ANY):
#
TYPE(S):
2. PLEASE INDICATE YOUR CALIFORNIA
STATE DEPARTMENT OF PESTICIDE
REGULATION (DPR) LICENSE #:
#
3. DOES YOUR FIRM OFFER 24/7 SERVICES?
YES NO
4. IF THE ANSWER TO QUESTION #3 IS
“YES,” IN HOW MANY HOURS CAN ONE
OF YOUR TECHNICIANS BE ON-SITE AT A
RICHMOND LOCATION AFTER BEING
CONTACTED BY CITY STAFF?
HOURS
PRICING
1. PLEASE INDICATE YOUR HOURLY
LABOR RATE:
$ PER HOUR
2. PLEASE INDICATE YOUR OT / AFTER
HOURS RATE:
$ PER HOUR
3. PLEASE INDICATE THE DAYS AND
TIMES OF THE WEEK TO WHICH THE
AFTER HOURS RATE WOULD APPLY:
4. BILLING CLOCK BEGINS UPON (CHECK
ONE):
DEPARTURE FROM VENDOR LOCATION
ARRIVAL AT CUSTOMER LOCATION
5. BILLING CLOCK ENDS UPON
(CHECK ONE):
DEPARTURE FROM VENDOR LOCATION
ARRIVAL AT CUSTOMER LOCATION
6. PLEASE INDICATE YOUR MINIMUM
CALL OUT CHARGE:
$
7. PLEASE INDICATE A PRICE TO
PROVIDE AND INSTALL 100 LINEAR
FEET OF SPIKING ON ROOF (LABOR &
MATERIALS):
$
9. PLEASE INDICATE A PRICE TO
INSTALL 25 8’ DIAMETER BIRD
SPIDERS ON AIR CONDITIONING
EQUIPMENT ON A ROOF.
$
10. PLEASE DESCRIBE ANY ADDITIONAL
FEES & CHARGES NOT COVERED
ABOVE (VEHICLE CHARGES,
MILEAGE/FUEL SURCHARGES,
DOUBLE-TIME, ETC.).
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References
(This page is required to be submitted with Quote)
A minimum of five (5) verifiable references from local municipalities, building authorities, counties, utility districts, school district, transportation authority, housing authority, or other organization with a similar facility complex whom the bidder has provided a similar scope of work during the past two (2) years, of comparable settings, complexities and quantities as required of this request for proposal.
These companies will be contacted prior to award of proposal.
1. Name of Business: ________________________________________________________ Address: _______________________________________________________________ Approx. size of company: __________ Dates of service: _________________ Contact person: _______________________ Phone number: ( ) __________ E-mail address: __________________________________
2. Name of Business: _________________________________________________________ Address: _______________________________________________________________ Approx. size of company: __________ Dates of service: _________________ Contact person: _______________________ Phone number: ( ) _____ E-mail address: _____________________________
3. Name of Business: __________________________________________________________ Address: ________________________________________________________________ Approx. size of company: __________ Dates of service: _________________ Contact person: _______________________ Phone number: ( ) _____ E-mail address: ______________________________
4. Name of Business: ________________________________________________________ Address: _______________________________________________________________ Approx. size of company: __________ Dates of service: _________________ Contact person: _______________________ Phone number: ( ) __________ E-mail address: __________________________________
5. Name of Business: ________________________________________________________ Address: _______________________________________________________________ Approx. size of company: __________ Dates of service: _________________ Contact person: _______________________ Phone number: ( ) __________ E-mail address: __________________________________
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568
CITY OF RICHMOND
INTEGRATED PEST MANAGEMENT POLICY
1 CITY OF RICHMOND INTEGRATED PEST MANAGEMENT POLICY
In order to protect the environment, City of Richmond assets and public health it will be the policy of the City of Richmond to manage pests of City maintained properties and facilities, using Integrated Pest Management (IPM) principles and techniques.
The City IPM policy mission is to promote the combined use of physical, cultural, biological and chemical control methods to effectively manage pests with minimal risk to the environment and humans.
For the purposes of this policy the City of Richmond adopts the Integrated Pest Management definition provided by the University of California Statewide IPM Project:
“Integrated Pest Management is an ecosystem-based strategy that focuses on long-term prevention of pests or their damage through a combination of techniques such as biological control, habitat manipulation, modification of cultural practices, and use of resistant varieties. Pesticides are used only after monitoring indicates that they are needed according to established guidelines, and treatments are made with the goal of removing only the target organisms. Pest control materials are selected and applied in a manner that minimizes risk to human health, to beneficial and non-target organisms, and to the environment.”
The goals of this City IPM policy are to:
Minimize risks to the environment, the general public and staff as a result of pest control activities conducted by City staff and contractors.
Require City departments to create, implement and periodically update written IPM programs specific to their operational needs and consistent with the U.C. definition above as well as this policy.
Promote general public awareness of written City IPM programs and education about IPM techniques.
To achieve these goals the City has established the following objectives:
Require City departments to use IPM programs.
Incorporate City IPM policies and practices into City sponsored contracts.
Require City employees to follow implementation of IPM programs.
Designate the Parks & Landscaping Superintendent, a practicing licensed Pest Control Advisor, as the City IPM Coordinator.
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CITY OF RICHMOND
INTEGRATED PEST MANAGEMENT POLICY
2 Utilize IPM standards to obtain LEED certification for City building projects.
Provide annual IPM training and outreach programs to address the needs of City departments and employees.
Adopt an IPM ordinance to support this IPM Policy.
It is understood that development of IPM programs will take time, but the following will be implemented with dispatch upon adoption of a City IPM ordinance:
Require Departments to Use IPM Programs;
The Public Works Department Facilities and Parks & Landscaping Divisions who use pest management techniques when providing services will further develop a written IPM Action Plan or program and designate the IPM Coordinator responsible for implementation with the aid of the Facilities Coordinator for building locations.
Departments which do not use pest management techniques when providing services to the public or to other departments internally will designate staff who will receive periodic training in the City IPM programs and IPM concepts. The Facilities Coordinator will be responsible for adherence with City IPM policies at designated building sites and assist with training of departmental employees as required.
Incorporate City IPM Policies and Practices in City Pest Control Contracts; Public Works will develop Pest Control Contract Specifications that will insure the City’s IPM Policy and practices are adhered to by all licensed pest control contractors performing work on City projects and maintained properties and facilities.
Develop purchasing approval practices which ensure vendors provide products within IPM standards and cause minimal risk to the environment and humans.
Limit ‘off the shelf’ purchases and impromptu applications by City of Richmond employees, tenants and representatives.
Require City Employees to follow Implementation of IPM Programs; The Facilities Coordinator will help prepare training with and provide related reports on departmental pest control activities needed for buildings to the IPM Coordinator. The Facilities Coordinator will meet with the IPM Coordinator to review any pest control activities that have taken place or are further needed and adjusted at their work sites.
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CITY OF RICHMOND
INTEGRATED PEST MANAGEMENT POLICY
3 The IPM Coordinator will provide appropriate guidance and support for training of City employees, tenants and representatives based on the latest available science of IPM practices.
Specific focus will be given to cultural controls at work sites to minimize attractions for pests and to the hazards of ‘off the self’ pesticide applications without regulated training and certification.
Designate City IPM Coordinator;
In recognition that development, implementation and oversight of a City IPM Program requires allocation of professional resources, the position of City IPM Coordinator will be the Parks and Landscaping Superintendent in his required capacity as a licensed Pest Control Advisor. The City IPM Coordinator will serve as a resource for City departments and employees to insure compliance with the City IPM policy. The City IPM Coordinator will assist department heads in identifying pest related priorities and in acquiring data to properly evaluate pest control needs and appropriate solutions.
Utilize IPM Standards to Obtain LEED Certification for City Building Projects; As an IPM policy can enable additional credit for LEED certification the City is prepared to apply IPM standards as part of a progressive program to have public buildings become ‘green’ and therefore safer for employees and the public.
Wherever a City capital building project is proposed the IPM Coordinator shall review proposed plans, specifications and materials to certify that IPM standards are built-in and thus contribute to potential LEED credit.
Where IPM standards cannot be built-in the IPM Coordinator shall work with the project manger and the Public Works Stationary Engineer’s Supervisor to identify further IPM programic activities for the site operations and maintenance that may augment a LEED credit.
Without LEED certification all attempts will be made to provide ‘green’ public buildings pursuant to this IPM policy.
An ‘IPM Action Plan for the City of Richmond Green Buildings and LEED Certification’ will be developed and kept by the Public Works Department.
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CITY OF RICHMOND
INTEGRATED PEST MANAGEMENT POLICY
4 Provide Annual IPM Training and Outreach Programs to Address the Needs of City Departments and Employees;
Training programs will be developed under the direction of the City IPM Coordinator to ensure that there is understanding of IPM techniques and of this City policy. Utilizing resources such as the U.C. Pest Management Guidelines that have been developed by the University of California Statewide IPM Program training classes on integrated pest management techniques will be developed and made available for City employees.
Public outreach programs to address environmental and health concerns will be developed to compliment the existing City IPM programs.
Training and outreach will focus on the stewardship importance of IPM for safe ‘green’ public buildings as well as protection of water bodies and watersheds through programic reduction of or authorized control of toxicants. Recognition of acceptable thresholds of ‘pest’ presence and activities will also be promoted. 572
September 10, 2024
Public Works
DATE: September 10, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Daniel Chavarria, Director of Public Works
Tawfic Halaby, Deputy Director of Public Works,
Operations & Maintenance
Dee Karnes, Fleet Superintendent
Subject:
Resolution Approving a Temporary Waiver of
Competitive Bidding and Advanced Authorization to
Purchase Sixteen Pursuit-Rated Police Vehicles
FINANCIAL IMPACT: The funds for the proposed expenditure of up to $1,185,000 are available in the Public Works Fleet
Maintenance Capital Improvements Projects Fiscal Year
2024-2025 budget (50336031-400705-03B04).
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
The Public Works Department is requesting approval of a temporary waiver of competitive bidding and advanced
authorization to purchase 16 pursuit-rated police vehicles as they become available, as approved through the
budget process.
RECOMMENDED ACTION:
ADOPT a resolution approving a temporary waiver of
competitive bidding and advanced authorization to
purchase up to 16 pursuit-rated police vehicles in an
amount not-to-exceed $1,185,000 – Public Works
Department (Daniel Chavarria 510-620-5478/Tawfic
Halaby 510-620-5482/Dee Karnes 510-231-3044).
AGENDA
REPORT
573
September 10, 2024
DISCUSSION:
In the recently adopted Fiscal Year 2024-25 Budget, City Council approved the purchase of 16 pursuit-rated police vehicles for the Richmond Police Department, in an amount not-to-exceed $1,185,000.00.
The City of Richmond has historically ordered vehicles through a public bid process, or from a government purchasing cooperative, and vehicle deliveries have normally occurred within the same fiscal year. However, due to various circumstances that began in 2020 at the outset of the COVID-19 pandemic and continue to this day, including global supply chain issues, limited pursuit-rated vehicle production, high demand by local law enforcement agencies, declining inventories, and protracted delivery schedules for special-order vehicles, it is very challenging for the City to replace pursuit- rated police vehicles with any certainty of pricing or delivery date. Delivery time frames are now trending upwards towards 18 months.
These circumstances have created a new first-come, first-served paradigm for procuring pursuit-rated police vehicles. Public agencies, including Richmond, risk missing a narrow window for budget approval, public bidding, purchase approval, contracting, and procurement of these highly sought-after, limited-supply vehicles.
There is a very narrow window for procuring pursuit-rated vehicles that opens in September 2024. In addition, only three local northern California dealerships sell pursuit-rated police vehicles: (1) Folsom Lake Ford (Folsom, California), (2) Downtown Ford Sacramento (Sacramento, California), and (3) Towne Ford Sales (Redwood City, California). These three dealerships serve public agencies across California, including the California Highway Patrol, numerous Sheriff Departments, large and small cities, and other public agencies and special districts.
The City’s typical procurement time frame may take several months for initiation of the bid period, accepting and reviewing proposals, vendor selection and any follow-up negotiations, development and routing of documents through the agenda management system, and contract award and execution.
Based on the current purchasing environment, it is very unlikely that these pursuit-rated police vehicles will be delivered in a timely manner if they are procured through the traditional public bid process or from a government purchasing cooperative. Other agencies, including cities in California such as Sunnyvale, Fairfield, Paso Robles, and Longview, Washington, have passed similar resolutions temporarily waiving bidding requirements.
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September 10, 2024
Therefore, Public Works staff is requesting City Council approval to:
(1) Temporarily waive the bidding requirements for purchase of pursuit-rated police vehicles during Fiscal Year 2024-2025; and
(2) Authorize staff to contact local dealerships, including Folsom Lake Ford, Downtown Ford Sacramento, and Towne Ford Sales, to get best available prices and place orders for pursuit-rated police vehicles during the narrow window of availability for placing orders; and
(3) Authorize the City Manager or Deputy City Manager to negotiate purchasing agreements and issue purchase orders for a total not-to-exceed amount of $1,185,000.00, to purchase up to 16 pursuit-rated police vehicles, which is included in the budget adopted by the City Council for Fiscal Year 2024-2025.
City staff will utilize best practices to verify that the vehicles purchased are priced commensurate with similar vehicles from other manufacturers and dealerships in our region. By adopting the proposed resolution, City Council will enable staff to choose the best available pricing from the few local dealerships that sell pursuit-rated police vehicles and have them delivered promptly.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
575
Reso. No. XX-24
DocID #26963v1
RESOLUTION NO. __-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,
CALIFORNIA, AUTHORIZING A TEMPORARY WAIVER OF BIDDING
REQUIREMENTS FOR PURCHASE OF PURSUIT-RATED POLICE VEHICLES,
AUTHORIZING STAFF TO CONTACT LOCAL VENDORS TO GET BEST
AVAILABLE PRICES AND PLACE ORDERS FOR PURSUIT-RATED POLICE
VEHICLES AND AUTHORIZING THE CITY MANAGER OR DEPUTY CITY
MANAGER TO NEGOTIATE PROCUREMENT AGREEMENTS AND ISSUE
PURCHASE ORDERS FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $1,185,000 TO
PURCHASE UP TO SIXTEEN PURSUIT-RATED POLICE VEHICLES INCLUDED IN THE BUDGET ADOPTED BY CITY COUNCIL FOR FISCAL YEAR 2024-2025
WHEREAS, the City of Richmond has a fleet of over 480 items of rolling stock, including a wide variety of vehicles and equipment, from fire engines to police vehicles to road graders to turf mowers; and
WHEREAS, the fleet is regularly maintained and repaired, and the City of Richmond has a replacement schedule for each item, identifying the year purchased, the planned lifetime, and the year and cost of the expected replacement; and
WHEREAS, each fleet item will eventually reach the end of its useful life when it becomes unsafe, does not meet federal or state standards, or is more expensive to maintain than to replace, and n ew vehicle or equipment purchases are required to ensure that each department has the appropriate vehicles and equipment necessary to satisfy departmental needs; and
WHEREAS, the Richmond Police Department is in need of sixteen pursuit -rated police vehicles and the funding for these vehicles was allocated in the Fiscal Year 2024 -2025 budget adopted by City Council; and
WHEREAS, the City of Richmond has historically ordered vehicles through a public bid process, or from a government purchasing cooperative, and vehicle deliveries have normally occurred within the same fiscal year; and
WHEREAS, global supply chain issues, limited pursuit-rated vehicle production, high demand by local law enforcement agencies, declining inventories, and protracted delivery schedules for special -order vehicles, create a challenge for the City to replace pursuit -rated vehicles with any certainty of pricing or delivery date; and
WHEREAS, these circumstances have created a new first-come, first-served paradigm for procuring pursuit-rated vehicles, and the City’s typical procurement time frame is on the order of six months for development of procurement documents, initiation of the bid period, pre -bid meetings and issuance of addenda, accepting and reviewing proposals, vendor selection and any follow-up negotiations, development of agenda documents, routing of documents through the agenda management system, contract award, and contract execution; and
WHEREAS, there is a very narrow window for procuring pursuit -rated vehicles, that opens in September, and it is increasingly unlikely that these pursuit-rated police vehicles will be delivered in a timely manner if they are procured through the traditional public bid process or from a government purchasing cooperative.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond does hereby ordain the following:
Authorizes the temporary waiver of the bidding requirements for purchase of pursuit-rated police vehicles during Fiscal Year 2024-2025 Authorizes staff to contact local vendors, including Folsom Lake Ford (Folsom, California), Downtown Ford Sacramento (Sacramento, California), an d Towne Ford Sales (Redwood City, California) to get best available prices and place orders for pursuit -rated police vehicles during the narrow window of availability for 576
Reso. No. XX-24
DocID #26963v1
placing orders and,
Authorizes the City Manager or Deputy City Manager to negotiate procurement agreements and issue purchase orders for a total not-to-exceed amount of $1,185,000.00, for the purchase of up to sixteen pursuit -rated police vehicles included in the budget adopted by City Council for Fiscal Year 2024-2025.
*********************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held September 10, 2024, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
Mayor
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. XX-XX, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on September 10, 2024.
Pamela Christian, Clerk of the City of Richmond
577
Reso. No. XX-24
DocID #26963v1
CLERK’S
CERTIFICATE
I, Pamela Christian, City Clerk of the City of Richmond, do hereby certify as follows:
The foregoing resolution is a full, true and correct copy of Resolution No. XX-XX duly adopted at a regular meeting of the City Council of said City duly and regularly held at the regular meeting place thereof on the [X day of Month Year] , of which meeting all the members of said City Council had due notice and at which a majority thereof were present; and that at said meeting said resolution was adopted by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
An agenda of said meeting was posted before said meeting at City Hall, 450 Civic Center Plaza in the City of Richmond, California, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.
I have carefully compared the foregoing with the original on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting.
Said resolution h as not b een amended, mod ified or rescinded s ince the d ate of its adoption and the same is now in full force and effect.
Dated: , 2024.
City Clerk of the City of Richmond
[SEAL]
578
September 10, 2024
City Council
DATE: September 10, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Council Member Soheila Bana
Subject:
Renaming the Section of Spring Street South of Cutting
Blvd to Pedie Perez Avenue to Memorialize the Life of
Richard “Pedie Perez III
FINANCIAL IMPACT: The foreseeable financial impact is staff time and the cost of signage
PREVIOUS COUNCIL
ACTION:
September 19, 2023- Proclamation honoring the life of
Richard “Pedie” Perez, III
September 19,2023 - Approved an art project to include
two decorative refuse receptacles
December 1, 2020 – Adopted Richmond's Ordinance No.
29-20 N.S.- Community Police Review Commission
STATEMENT OF THE
ISSUE:
Renaming the Section of Spring Street South of Cutting
Blvd to Pedie Perez Avenue to Memorialize the Life of
Richard “Pedie Perez III
RECOMMENDED ACTION:
ADOPT a resolution of intent to rename a section of
Spring Street south of Cutting Blvd to Pedie Perez
Avenue to serve as a tribute to Richard "Pedie" Perez III, and DIRECT the city clerk to set a hearing date on the
matter for September 24, 2024 - Councilmember Soheila
Bana (510-620-6743).
AGENDA
REPORT
579
September 10, 2024
DISCUSSION:
As a City Councilmember, I acknowledge the profound grief and ongoing pain of the Perez family and friends, who have endured a heartbreaking loss that has deeply affected our community. Richard "Pedie" Perez III's untimely death serves as a painful reminder of the importance of ensuring the safety and well-being of every member of our community, especially when it comes to interactions with law enforcement.
I commend and acknowledge the unwavering dedication and tireless efforts of Richard "Pedie" Perez III's parents and grandparents who, in the face of immeasurable grief, have tirelessly worked to bring about positive change, advocating for significant legislation and ordinances to promote transparency, accountability, and improved police-community relations.
Their advocacy includes support for:
1. SB 1421 - Peace Officers: Release of Records
2. AB 392 - California Act to Save Lives
3. SB 2 - Police Decertification Act
4. Richmond's Ordinance No. 29-20 N.S. - Community Police Review Commission I acknowledge and appreciate the initiative taken by the Richmond Police Department in incorporating Richard "Pedie" Perez III's story and legacy into its Cultural Compatibility training for new officers, promoting a deeper understanding of the importance of empathy, de-escalation, and preserving the sanctity of human life.
To honor the life and memory of Richard "Pedie" Perez III, the proposed renaming of the section of Spring Street south of Cutting Blvd to Pedie Perez Avenue in tribute, would serve as a reminder of the sanctity of life and the need to strive towards change that fosters a relationship of trust and respect between its law enforcement and the community they serve.
The process for a street name change is as follows: The Recreation and Parks Commission (“Commission”) recommends the name change and that recommendation is then made to the City Council. Due to quorum issues, the Commission has not met to make such name change recommendations. As an alternative, the Chair of the Commission sent a letter to the City Council advising that the Commission is unable to review this request due to the lack of active Commission members to achieve a quorum.
I am committed to the principles of justice, transparency, and community trust, acknowledging the challenges and complexities of such incidents and recognizing the imperative for reconciliation and healing.
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September 10, 2024
DOCUMENTS ATTACHED:
Attachment 1 – Resolution of Intent
Attachment 2 – Map of Spring Street South of Cutting Boulevard Attachment 3 – Street Renaming Public Hearing Announcement Attachment 4 – Letter from Recreation and Parks Commission Chair re: Name Change 581
Reso. No. XX-17
RESOLUTION OF INTENT NO. XX
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF
RICHMOND TO RENAME THE SECTION OF SPRING STREET SOUTH OF
CUTTING BLVD TO PEDIE PEREZ AVENUE
BE IT RESOLVED by the City Council of the City of Richmond as follows:
Section 1. It is the intention of the City Council of the City of Richmond to change the name of section of Spring Street South of Cutting Blvd to Pedie Perez Avenue.
Section 2. That Tuesday, September 24, 2024, at 6:30pm, or as soon thereafter, in the City Council Chambers of the City of Richmond, 440 Civic Center Plaza, Richmond, California, is hereby fixed as the time and place for hearing all persons interested in or objecting to the proposed street name change.
Section 3. That the City Clerk is hereby instructed to (1) cause to be posted conspicuously along the section of Spring Street South of Cutting Blvd, a minimum of three (3) copies of this resolution; and (2) cause to be printed and published in the East Bay Times, a copy of this Resolution at least ten (10) days before said hearing.
**********************
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held Insert Date, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
PAMELA CHRISTIAN
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
Mayor
Approved as to form:
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
582
Reso. No. XX-17
I certify that the foregoing is a true copy of Resolution No. XX, finally passed and adopted by the Council of the City of Richmond at a regular meeting held on INSERT DATE ADOPTED.
Pamela Christian, Clerk of the City of Richmond
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Tuesday, September 24, 2024, the City Council of the City of Richmond will hold a public hearing to consider renaming Spring Street South of Cutting Blvd to Pedie Perez Avenue herein.
The google map showing Spring Street South of Cutting Boulevard can be accessed by clicking the internet link: https://maps.app.goo.gl/i6TfNSVVTgxw3tb76.
For more information regarding the proposed street renaming, please contact the City Council’s Office at (510) 620-6861.
The hearing will commence at 6:30 p. m. or as soon thereafter as the matter can be heard and will be held via Zoom video conference and by toll-free teleconference call. All persons interested in or objecting to the proposed renaming of said street may attend the public hearing online or by toll-free teleconference call, or, prior to the time of the hearing, submit written comments.
To participate in the Zoom video conference online meeting and obtain detailed information on how to provide public comment, please visit the City of Richmond, City Clerk’s Office website, Council Agenda Documents webpage at http://www.ci.richmond.ca.us/151/Council-Agenda-Documents and review the published agenda for the September 24, 2024 meeting.
Public comment may be submitted by mail, email and/or Zoom video conference in the manner that follows, provided that no member of the public may submit more than one verbal comment per agenda item.
1. Via mail received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of the Clerk, Richmond, CA 94804.
2. Via email to [email protected] by 1:00 p.m. the day of the meeting.
Emails MUST contain in the subject line 1) public comments agenda item #__ [include the agenda item number]. All such email will be posted on-line and emailed to the City Council before the meeting is called to order. No individual email will be read into the record. Due to the high volume of emails received, emails that do not contain the correct identifying information in the subject line may be overlooked and may not become part of the record. Email received after 1:00 p.m. will be posted on-line following the meeting as part of the supplemental materials attached to the meeting minutes.
3. Via Zoom by video conference or by phone using the following link/call-in numbers – for City Council:
Please click the link below to join the webinar:
https://zoom.us/j/99312205643?pwd=MDdqNnRmS2k4ZkRTOWhlUldQOUF1Zz09 Passcode: ccmeeting
Webinar ID: 993 1220 5643
Or iPhone one-tap:
US: +16699006833,,99312205643# or +13462487799,,99312205643# Or Telephone:
Dial (for higher quality, dial a number based on your current location):
US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592
Pamela Christian
Clerk of the City of Richmond
Dated: August 30, 2024
Published: September 14, 2024
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