1126
City of Richmond
FY2024-25
Attachment 3 - Capital Improvement Projects - Quarter 1 Report By Department Line # EXPENDITURES - CAPITAL
PROJECTS by DEPARTMENT
ORIGINAL
BUDGET
FY2024-25
TRANSFERS/
ADJUST
FY2024-25
REVISED
BUDGET
FY2024-25
EXPENDED thru
SEPTEMBER
2024 FY2024-25
ENCUMB BALANCE
REMAINING
%
Without
ENCUMB
% USED %
Completed
Estimate
Completion
Date
UPDATES - PROJECT MANAGERS
285
PUBLIC WORKS
DEPARTMENT - CIP -
continued
286 FIRE STATION 63
IMPROVEMENTS 291,000 9,000 300,000 473 32,928 266,600 0% 11% 12/31/2024 Began roof waterproofing effort. Met with contractors on-site to discuss mold remediation. Hired a consultant to manage mold remediation. No new updates
287 FIRE STATION 66
IMPROVEMENTS 780,052 - 780,052 - - 780,052 0% 0% 5% 12/31/2025 ARPA funds approved 12/5/23. Reengage architect and planning in Q3 for project next steps since the AOR is retired. Queued Phase - RFP for On-Call Architects to repackage two year old PS&E. Queued Phase - Waiting to assign staff, Next step to re-engage new architects to take over retired AOR plans and resubmit for permitting.
Requesting that money be exchanged on 4/16 from ARPA to unspent general funds to guarantee that the project continues financed. The contract requires a sole source with Oakley and Oakley; exchanging cash will give us enough time to create and award the contract without violating ARPA encumbrance deadlines. ARPA funding exchanged approved. ARPA swap with General Capital Funds. Will need to work with Building Department and operations. Architect has retired. PW Engineering will need to work with Building Department
regarding design and implementation. May require reaching out to our new on-call architect list to redesign and go through permitting if current permits aren't applicable.
288 GREENING THE YELOW
BRICK ROAD 265,198 498,918 764,116 202,560 296,358 265,198 27% 65% 85% 9/30/2024 Project is nearing completion. Anticipate amendment to Ghilotti Bros contract for remaining change orders in early 2024. Close out in spring 2024. Project is nearing completion. Anticipate amendment to Ghilotti Bros contract for remaining change orders in early 2024. Closeout in spring 2024. Remaining scope under this grant funded project is under a sole source contract with Pogo Park. Planting of trees and plants, acquisition of tools and equipment, community outreach and education and plant establishment and maintenance is ongoing. No new update - Remaining scope under this grant funded project is under a sole source contract with Pogo Park. Planting of trees and plants, acquisition of tools and equipment, community outreach and education and plant establishment and maintenance is ongoing.
Planting of trees and plants is complete. Community outreach and education, and 3 year plant establishment and maintenance is ongoing. Pogo Park is continuing long-term maintenance for trees and plants that have been installed. A 3-year plant establishment and maintenance is planned for the project trees and plants. No new updates.
289 GREENWAY REHAB AND BIKE
EDUCATION 30,000 - 30,000 - - 30,000 0% 0% 90% 9/30/2024 Bike East Bay contract under way. SOS! contract approved on 11/7/23 and admin is working to secure the FE contract to commence work.
Dirt World Park is advancing into construction to account for the third portion of the grant. Construction - Bike East Bay services nearly complete. Working with SOS! and Parks to determine greenway cleanup sites for Q4. Construction Phase - Bike East Bay work nearly complete. SOS! On track to complete work by Q4. Reimbursement submittal needed. SOS! submitted schedule and scope. Bike Education Final Invoice. SOS! Continuing abatement work. Dirt World in construction. Bike East Bay final Invoiced. SOS! completed.
Metropolitan Transporation Commission has confirmed that staff can apply for new allocation to account for FY22-23 through FY23-24 invoices. Project complete.
290 HARBOUR 8 PARK
EXTENSION 568,741 2,411,448 2,980,189 222,442 2,189,006 568,741 7% 81% 45% 3/31/2025 Construction is ongoing and will continue through 2024. Construction - coordinating greenway bike and pedestrian trail reroute. Construction - Harbour Hall is currently in construction. Harbour Hall, new public restrooms, and park improvements will be complete by the end of 2024. Construction of Harbour Hall and improvements to Harbour Park is ongoing. Construction of public restrooms commenced in Q4 of FY23/24. Construction of Harbour Hall and the public restrooms is ongoing. No new updates.
291 HARBOUR WAY & WRIGHT
SECTION 130 938,286 227,952 1,166,238 - 227,952 938,286 0% 20% 11% 12/31/2025 Design Engineer consultant selected. Anticipated to complete design by end of October. Process to execute contract to proceed with design. Design Engineer Services Contract to CSW. Field Diagnostic on site meeting was conducted between the City, Caltrans, CPUC, and CSW. 5% design and anticipate to complete design by December 2024. Consultant received comments from California Public Utilities Commision (CPUC) , first submittal to Caltrans anticipated end of the month of October 2024.
1127
City of Richmond
FY2024-25
Attachment 3 - Capital Improvement Projects - Quarter 1 Report By Department Line # EXPENDITURES - CAPITAL
PROJECTS by DEPARTMENT
ORIGINAL
BUDGET
FY2024-25
TRANSFERS/
ADJUST
FY2024-25
REVISED
BUDGET
FY2024-25
EXPENDED thru
SEPTEMBER
2024 FY2024-25
ENCUMB BALANCE
REMAINING
%
Without
ENCUMB
% USED %
Completed
Estimate
Completion
Date
UPDATES - PROJECT MANAGERS
292
PUBLIC WORKS
DEPARTMENT - CIP -
continued
293 I-80 CENTRAL INTERCHANGE
PHASE II 4,174,490 501,718 4,676,208 752 501,718 4,173,738 0% 11% 25% 12/31/2028 PGE Rule 20A underground coordination on-site meeting February 9, 2024. ROW Appraisal and Acquisition Services acquired and to begin.
Anticipated to complete design and ROW phase end of June 2025.
Right of Way Service Consultant Contract to Monument. Stake Holders, City, NCE, Monument ROW services, PGE, and other utility companies met on site early February for the Rule 20A Underground Kick off meeting. Contract agreement executed for Monument ROW services. 90% design anticipated to be delivered to the City by May 2024. Comments received from El Cerrito on the 90% plans. Need to re-engage PGE on their progress . Need to start discussion with Seigon property on their right of way acquisition ( Monument). No new updates.
294 LINCOLN SAFE ROUTES TO
SCHOOL 112,189 610,031 722,220 2,795 7,405 712,020 0% 1% 29% 9/30/2025 Corcus Construction was the 2nd lowest bidder and will be going to City Council on April 16 to award the contract. Opened bid for construction. Corcus Construction (2nd lowest bidder) will be selected.
Anticipate award contract to go to council April 22. Termination of contract to be processed in July and rebid later this year. Bids open 10/23 ,invoice Caltrans is outstanding
295 MACDONALD AVE
PEDESTRAIN CROSSING 63,440 - 63,440 - - 63,440 0% 0% 0% 6/30/2027 Waiting to be assigned. PE Authorization to be submitted to release design funds. Staff contacted by Caltrans to submit HSIP appropriation forms. Extension to start Design for December 2024 accepted by FHWA Grantor. Project Queued until Q2 FY24-25.
Assigned to new staff. Staff will work on assembling a project team to begin design in Q3. No new updates.
296 MCBRYDE SAFE ROUTES TO
PARKS 260,000 - 260,000 - - 260,000 0% 0% 0% 3/31/2028
Waiting to be assigned. Coordination with MTC needed for grant funds. Project is Queued for RFP Q2 FY24-25. Assigned to new staff.
Staff will work on assembling a project team to begin design in Q3.
Working with Caltrans on start of PE and getting E-76 . Applying for ATP grant with MTC to supplement the PE funds.
297 METROWALK TRANSIT
VILLAGE 38,100 7,437 45,537 - 7,437 38,100 0% 16%
APM Consultant continuing to gather information for close-out/final invoice. Consultant working to obtain expenditures prior to reaching out to contractor.
298 NATIVE AMERICAN HEALTH
CENTER 50,000 - 50,000 - - 50,000 0% 0% 2%
Q3 Staff working to submit an RFP to the On-Call Architects for a needs assessment for the maintenance related items in the facility.
Planning Phase - Working on RFP with On-Call Architects. Started developing a draft RFP and scope. No new update.
299 NEIGHBORHOOD COMPLETE
STREETS 4,726,873 352,154 5,079,027 3,849 352,154 4,723,024 0% 7% 10% TCC project team identified a ~$5M shortfall. Planning Department is working to apply for an Reconnecting Communities Pilot Grant Program (RCP) grant due in September to fund the shortfall in Neighborhood Complete Streets and Richmond Wellness Trail Phase II. The Planning Department submitted the Reconnnecting Communities Pilot Grant Program (RCP). The project team is coordinating with Harbour 8 Park Expansion Project regarding bicycle living preview Class I (shared) vs Class IV bike lane (protected). Design team working to include RCP scope for Wright Ave, Signal Upgrades, etc into schedule.
1128
City of Richmond
FY2024-25
Attachment 3 - Capital Improvement Projects - Quarter 1 Report By Department Line # EXPENDITURES - CAPITAL
PROJECTS by DEPARTMENT
ORIGINAL
BUDGET
FY2024-25
TRANSFERS/
ADJUST
FY2024-25
REVISED
BUDGET
FY2024-25
EXPENDED thru
SEPTEMBER
2024 FY2024-25
ENCUMB BALANCE
REMAINING
%
Without
ENCUMB
% USED %
Completed
Estimate
Completion
Date
UPDATES - PROJECT MANAGERS
300
PUBLIC WORKS
DEPARTMENT - CIP -
continued
301 NEVIN CENTER HVAC 52,750 - 52,750 - - 52,750 0% 0% 17% 12/31/2025 Construction funds approved on 12/5/23. Design is at a 90% level.
Will need to bring Oakley and Oakley back on the project since they didn't apply as the As-Needed list but are the AOR's of record.
Planning Phase - Coordinating with Oakley & Oakley for Sole Source.
Planning - Staff working to get Oakley and Oakley Sole Source completed to commence with working toward 65% PS&E. Requesting that money be exchanged on 4/16 from ARPA to unspent general funds to guarantee that the project continues financed. The contract requires a sole source with Oakley and Oakley; exchanging cash will give us enough time to create and award the contract without violating ARPA encumbrance deadlines. PW Operations working with PW Engineering to go to Council in September to Sole Source Oakley and Oakley Architects to complete their design. Staff needs to obtain a sole source approval for Oakley and Oakley. No new updates. 302 PARKS MAINTENANCE
EQUIPMENT - 161,797 161,797 71,910 143,820 (53,932) 44% 133% 4 F350 with Flatbeds acquired. 303 POST ENCAMPMENT
CLEANUP EQUIPMENT 75,000 - 75,000 - - 75,000 0% 0% 60% Planning for procurement of materials for as-needed citywide installation. No new update.
304 PT. MOLATE COTTAGES
ASSESSMENT 16,898 663,189 680,087 - 663,189 16,898 0% 98% 40% 9/30/2024 Temporary tarp installation to be complete this week. Roof stabilization work anticipated to begin in early 2024. Temporary tarp installation to be complete this week. Roof stabilization work anticipated to begin in early 2024. The architect, WJE, is finalizing contract negotiations with the contractor. Construction is anticipated to commence in summer 2024. Working with WJE to engage subcontractor for tarping cottages. 305 RECREATION CENTER HVAC 36,775 - 36,775 - - 36,775 0% 0% 12% 12/31/2025 Funding secured on 12/5/23 ARPA. Designs are at 65% level and working toward Plan Review. Will need to get Oakley & Oakley back under contract since they didn't apply for the As-Needed Architect contract list. Planning Phase - Coordinating with Oakley & Oakley for Sole Source. Planning - Staff working to get Oakley and Oakley Sole Source completed to commence with working toward 35% PS&E.
Requesting that money be exchanged on 4/16 from ARPA to unspent general funds to guarantee that the project continues financed. The contract requires a sole source with Oakley and Oakley; exchanging cash will give us enough time to create and award the contract without violating ARPA encumbrance deadlines. PW Operations working with PW Engineering to go to Council in September to Sole Source Oakley and Oakley Architects to complete their design. Staff needs to obtain a sole source approval for Oakley and Oakley. No new updates. 306 RICHMOND ART AND LIGHT 3,204,474 265,023 3,469,497 - 265,023 3,204,474 0% 8% 25% 3/31/2025 Design Phase - PO issued February 2024 for CSW-ST2 to commence design work. Design Phase - Art work prep underway. CSW working on design. Project team met with Caltrans to discuss permits and review plans for both Art and Safety components. Caltrans granted encroachment permit. Project team to bid portion of the project July.
Staff is also working to get the Artist under contract. Project is phased into 3 packages. Package 1 was advertised but didn't receive any bidders. Project team is working with contractors to award the contract. Package 2 and 3 are being wrapped up for design to post for bid. No new updates.
307 SANTA RITA ROAD
STABILIZATION - 100,947 100,947 - 100,947 - 0% 100% 90% 8/31/2024 6/18 piles completed. Anticipates complete by May 2024. 35% Construction completed. Construction - Retaining walls are completed, wooden lagging completed, backfilled voided between wall and road.
Preparing site for tie backs. 65% Complete. Construction to be completed by June. Construction completed working on administrative contract and payments, planting coordination options and removed fence. Willow staking to stablize slop is completed
1129
City of Richmond
FY2024-25
Attachment 3 - Capital Improvement Projects - Quarter 1 Report By Department Line # EXPENDITURES - CAPITAL
PROJECTS by DEPARTMENT
ORIGINAL
BUDGET
FY2024-25
TRANSFERS/
ADJUST
FY2024-25
REVISED
BUDGET
FY2024-25
EXPENDED thru
SEPTEMBER
2024 FY2024-25
ENCUMB BALANCE
REMAINING
%
Without
ENCUMB
% USED %
Completed
Estimate
Completion
Date
UPDATES - PROJECT MANAGERS
308
PUBLIC WORKS
DEPARTMENT - CIP -
continued
309 SF BAY TRAIL- PT. MOLATE 2,543,548 868 2,544,416 - 868 2,543,548 0% 0% 30% Working to obtain approval by SF Bay Regional Water Quality Control Board to approve mitigation plan. Pending approval, Q3 complete PS&E and Bid/Award. Q4 begin construction for 6 to 8 months. Design Phase - working to extend grants, NCE working with CSW on mitigation measures from Terminal 4. Waiting for confirmation of potential mitigation credits from Terminal 4 project by the Pt. Molate Shoreline Restoration. Project schedule is pending on permits and approvals. Staff is working on extending grants. Staff is working on extending grants for Trail project that will be advertised in June by EBRP. Erosion project grant wasn't awarded and considered a shortfall for consideration for funding in June. Project Team for Erosion is awaiting mitigation plan approval. East Bay Regional Parks (EBRP) terminated bids. Project to be re-bid early 2025. No new updates.
310 SHIELDS-REID PARK
REVITALIZATION 1,979,144 4,612,759 6,591,903 267,308 4,542,451 1,782,144 4% 73% 55% 9/30/2025 Design to be completed and put out to Bid/Award in Q3. Construction to commence in Q4. Bid/Award - working on Bid documents to post final week of February. Bid extended to first week of April. Bid/Award process with intention to award in May. Project low bid came in for Arntz. NTP to be in June. Construction started and working on initial grading and bike ramp work. American Ramp Contract work completed proceeding with other park improvements. Construction continued with utility and bathroom related work.
311 SOCCER FIELDSRESTROOMS-PARKS 7,703,008 - 7,703,008 120,744 468,294 7,113,970 2% 8% 10% 12/31/2026 Planning Phase - CSW-ST2 completed recommendation for PW.
Presented to CC 3/19/24. Project team met on 3/20 for next step and to discuss project schedule/delivery. CC mtg 3/19. Continued with Planning Phase. Schedule community outreach related to the project locations. Identified potential scope for related to $4.2M. CC will to add additional funds to Park Improvements. CSW-ST2 was engaged as design consultant (PO issued). No new updates.
312 STREET PAVING 7,682,467 698,757 8,381,224 444,335 1,732,422 6,204,467 5% 26% Ongoing Program Multiple PO's encumbered for equipment rental, asphalt materials and supplies to support the street paving program. Operations to commence paving now that weather is improving. Hired a consultant to design a slurry seal contract. Constructing curb ramps in preparation for in-house paving program. Operations paving work resumed with ADA Curb Ramps as needed.
313
STREET PAVING -
CUTTING/HARBOUR WAY S.
BIKEWAY
40,917 105,702 146,619 6,780 98,922 40,917 5% 72% 85% 6/30/2024 WR Forde scheduled to be completed June 2024. Agenda Report to amend contract amendment #1. Contract Amendment #2 for City Council Approval on April 16 to increase WR Forde Contract Amount.
Construction to being on April 19. Remobilization will commence Monday, April 22. Construction resumed and anticipated completion is June. Construction completed working on punch list items. Punchlist in progress.
314 STREET PAVING - MARINA
WAY - 1,794 1,794 - 1,794 - 0% 100% No Update
315 STREET SWEEPING SIGNS
INSTALLATION 550,000 - 550,000 - 42,500 507,500 0% 8% 0% 12/31/2024 Researching standards and engaging with Contractor. Bike East Bay completed work. No new updates.
316 SURFACE DRAINAGE 300,000 - 300,000 - - 300,000 0% 0% Ongoing Program Planning - Identifying location with surface drainage issues including one location from #23035. Staff working to address Traffic Calming location that deals with drainage through this program and on board a civil designer. No new updates.
317 TRAFFIC CALMING PROGRAM 3,218,752 134,549 3,353,301 - 121,801 3,231,500 0% 4% Ongoing Program 6 locations completed. 2 locations including Key and Barrett to be completed through Paving Program this Fall 2024. Operations to assist with another location in Novemebr 2024. Admin working to complete first Work Order (includes 2 locations) through Job Order Contracting (JOC) via Gordian. Engineering Staff waiting for bids from JOC for 4 intersections on Carlson. The remaining 3 locations are still in design. Staff came up with an internal ranking system process for inquries but also came up with a short term list that aligns with the Bicycle Pedestrain Action Plan which includes Solano Ave request. W-Trans Consultants are proceeding with the analysis for crosswalks along Solano Ave.
1130
City of Richmond
FY2024-25
Attachment 3 - Capital Improvement Projects - Quarter 1 Report By Department Line # EXPENDITURES - CAPITAL
PROJECTS by DEPARTMENT
ORIGINAL
BUDGET
FY2024-25
TRANSFERS/
ADJUST
FY2024-25
REVISED
BUDGET
FY2024-25
EXPENDED thru
SEPTEMBER
2024 FY2024-25
ENCUMB BALANCE
REMAINING
%
Without
ENCUMB
% USED %
Completed
Estimate
Completion
Date
UPDATES - PROJECT MANAGERS
318
PUBLIC WORKS
DEPARTMENT - CIP -
continued
319 TRAFFIC SAFETY
IMPROVEMENTS 375,000 183,546 558,546 - 198,906 359,640 0% 36% Ongoing Program No Update. Program continues to address traffic safety related studies. Staff completed Traffic Safety Study for 5 intersections identified by the Police Department, finalizing Richmond Speed Survey and completed analysis of stop sign analysis for Lassen St/Clinton Ave, Esmond Ave/Kern St. Staff is working on completing Kimley-Horns City-Wide Speed Survey. Staff is also working on the proposal for stop warrant analysis requests. 320
TRAFFIC SIGNAL
IMPROVEMENTS 6TH &
MACDONALD
49,213 242,082 291,295 - 242,082 49,213 0% 83% 80% 6/30/2025 100% design completed. Construction slated to start April 16, 2024. In construction - Curb Ramps to begin in July and coordinated with Traffic Signal pole placement. Procure PPB through additional Traffic Safety fund reallocation. Construction scope to be completed by mid-Oct. Signal cabinet installed, waiting for signal
programming.
321 VIA VERDI MITIGATION 4,500,000 - 4,500,000 - - 4,500,000 0% 0% 20% 3/31/2026 10% concept designs approved by California Department of Fisheries and Wildlife (CDFW) and State Water Resource Control Board (SWRCB), Nichols Consulting Engineers (NCE) is continuing design work. Permit plan set complete, under review by permitting agencies
322 YELLOW BRICK ROAD 198,061 33 198,094 58,473 75,999 63,622 30% 68% 100% 9/30/2024 Project is complete and accepted by City Council 323 YELLOW BRICK ROAD CLEAN,
GREEN & BEAUTIFUL 1,334,661 2,438,768 3,773,429 56,336 3,608,623 108,470 1% 97% 55% 3/31/2025 Yellow Brick Road streetlighting portion is in design. Anticipate bidding in February 2024. All of YBR and Harbour 8 scope under Clean CA to be complete by end of 2024. Bid/Award - Working with CSW-ST2 to package Streetlight PS&E for posting. All of YBR and Harbour 8 scope under Clean CA to be complete by end of 2024. Bids received for the Yellow Brick Road Supplemental Lighting scope. Anticipate awarding construction contract in May. Remainder of the scope under this grant funded project is under a sole source contract with Pogo Park. All work is anticipated to be complete by the grant deadline of 12/31/2024. YBR Streetlighting Project has been awarded to Nema.
Currently in submittal review. Project is anticipated to be complete by the end of 2024. No new update
324 TOTAL - PUBLIC WORKS
DEPARTMENT CIP 66,283,261 19,231,089 85,514,350 1,555,986 23,658,833 60,299,530 2% 29% 325
PUBLIC WORKS - WATER
RESOURCE RECOVERY
WASTEWATER - CIP
326 COGENERATION - 672,196 672,196 - 672,196 - 0% 100% 20% Monthly design meetings taking place, not much to update yet.
Proceeding with design but unfunding construction for out years. 327 CUTTING BLVD. & HARBOUR
WAY S. SEWER 13,750,000 - 13,750,000 - - 13,750,000 0% 0% 20% Design TA approved by City 11/28. No New updates 328 DECLORINATION - 4,810 4,810 631,870 5,643 (632,704) 13138% 13255% Project is completed and accepted by City Council. 329 DORNAN DRIVE FORCE MAIN
REHABILITATION 879,869 124,069 1,003,938 - 124,069 879,869 0% 12% 95% 6/30/2024 Was planned to be complete by end of year, with the rain is it now scheduled to be complete in February 2024. Only finish pavement restoration remains. Working with Tawfic on possibility of expanding the pavement scope to resurface Dornan Drive curb-to-curb; waiting for quote from contractor. Final work is weather-dependent.
Substantial completion March 2024, final completion April 2024; pending insurance adjustments from Risk Department. Construction Phases - Only finish pavement restoration remains. Working with Tawfic on possibility of expanding the pavement scope to resurface Dornan Drive curb-to-curb; waiting for quote from contractor. Final work is weather-dependent. Regulatory agencies have signed off on 10% concept design, design work is progressing. Complete, closeout/CC acceptance needed. Project complete; working on city council acceptance.
330 DORNAN DRIVE TUNNEL
REHABILITATION 2,600,000 - 2,600,000 - - 2,600,000 0% 0% 75% 9/30/2024 Outstanding invoice have been paid. Revised design proposal needed along with construction funds. No new updates.
331 FIRST ST. & BISSELL AVE
SEWER - 10,433 10,433 - 10,433 - 0% 100% No update
332 FIRST ST. WET WEATHER - 207,572 207,572 - 207,572 - 0% 100% No update 333 FERRY POINT-DORNAN DR.
PUMP STATION - 399,775 399,775 - 449,775 (50,000) 80% Final design work complete, change order pricing being negotiated,
1131
City of Richmond
FY2024-25
Attachment 3 - Capital Improvement Projects - Quarter 1 Report By Department Line # EXPENDITURES - CAPITAL
PROJECTS by DEPARTMENT
ORIGINAL
BUDGET
FY2024-25
TRANSFERS/
ADJUST
FY2024-25
REVISED
BUDGET
FY2024-25
EXPENDED thru
SEPTEMBER
2024 FY2024-25
ENCUMB BALANCE
REMAINING
%
Without
ENCUMB
% USED %
Completed
Estimate
Completion
Date
UPDATES - PROJECT MANAGERS
334
PUBLIC WORKS - WATER
RESOURCE RECOVERY
WASTEWATER - CIP -
continued
335 GRIT AND AERATION
REPLACEMENT 81,307 1,794,365 1,875,672 - 1,794,365 81,307 0% 96% 95% 6/30/2024 Substantial completion by February 2024, final completion March 2024. Substantial completion March 2024, final completion April 2024; pending insurance adjustments from Risk Department. Construction Phase - Substantial Completion April 2024, final completion May 2024. Punchlist items have been completed, still waiting on a few warranty replacement items. Contractor will be leaving site the first week of July. Project complete; working on city council acceptance.
336
SANITARY SEWER/DESIGN
CUTTING CARLSON &
HOFFMAN
- 694,991 694,991 - 694,991 - 0% 100% No update.
337 SANITARY SEWER/PIPELINE
REHAB 4,500,000 576,198 5,076,198 - 576,198 4,500,000 0% 11% No update. 338 SANITARY SEWER REPAIRS 7,325,000 269,489 7,594,489 - 2,314,996 5,279,493 0% 30% No update. 339 SEISMIC RETROFIT - 8,449 8,449 - 8,449 - 0% 100% No update. 340 WW 2017A BOND/DESIGN &
ENG SERV - 281,876 281,876 - 281,876 - 0% 100% No update. 341 WW MACDONALD & VIRGINIA
SEWER CAPACITY - 79,593 79,593 - 79,593 - 0% 100% No update. 342 WWTP MANHOLE REPLACEMENT 750,000 - 750,000 - - 750,000 0% 0% 343 WWTP SCADA UPGRADE - 4,709 4,709 - 4,709 - 0% 100% No update. 344 WWTP SLUDGE THICKENER 3,642,682 105,957 3,748,639 2,981,042 1,688,150 (920,553) 80% 125% 70% 12/30/2025 Construction started November 2023. Construction progressing on schedule. Construction on schedule; scheduled completion end of November 2024.
345 SANITARY SEWER REPAIRS
/BRICK MANHOLE REHAB 250,000 - 250,000 - - 250,000 0% 0% No update. 346
TOTAL - WATER RESOURCE
RECOVERY WASTEWATER
CIP
33,778,858 5,334,124 39,112,982 3,612,913 9,012,657 26,487,412 9% 32% 347
PUBLIC WORKS - WATER
RESOURCE RECOVERY
STORMWATER - CIP
348 FULL TRASH CAPTURE
FACILITIES - 623,070 623,070 - 623,070 - 0% 100% 80% 6/30/2024 Bayview Trash Capture will resume when weather permits, about 3 weeks of work left to complete. Construction Phase - Bayview Trash Capture is on hold due to weather, about 3 weeks of work left to complete construction. Bayview Trash Capture construction has resumed, was on hold due to weather. Anticipated completion by the end of May or early June. Anticipated completion by the end of June.
Bayview Trash Capture construction has resumed, anticipated completion by the August 2024.
349 NORTH RICHMOND PUMP
STATION - 359,203 359,203 - 359,203 - 0% 100% No update 350 RHEEM CREEK FLOOD RISK
REDUCTION 821,786 613,601 1,435,387 36,381 691,347 707,659 3% 51% 80% 11/30/2024 Work was halted due to CDFW permit, will resume May 1, 2024.
Construction Phase - Construction was halted due to CDFW permit, will resume May 1, 2024. Construction resumed May 1, scheduled for completion August 2024. Construction will be completed at the end of October 2024.
351 STORMWATER
INFRASTRUCTURE 750,000 - 750,000 - - 750,000 0% 0% 30% 12/31/2026 Working on Staff report to award contract to Veolia on 11/19/24 352
TOTAL - PUBLIC WORKS -
WATER RESOURCE
RECOVERY STORMWATER -
CIP
1,571,786 1,595,874 3,167,660 36,381 1,673,620 1,457,659 1% 54% 353 COMMUNITY SERVICES
DEPARTMENT - CIP
354
AMERICANS WITH
DISABILITIES ACT (ADA)
BOOKER T. ANDERSON (BTA)
CENTER
335,000 - 335,000 - - 335,000 0% 0% Inactive - No project identified. 355
AMERICANS WITH
DISABILITIES ACT (ADA)
PARCHESTER CENTER
415,638 - 415,638 - - 415,638 0% 0% Inactive - No project identified. Page 16 of 18 1132
City of Richmond
FY2024-25
Attachment 3 - Capital Improvement Projects - Quarter 1 Report By Department Line # EXPENDITURES - CAPITAL
PROJECTS by DEPARTMENT
ORIGINAL
BUDGET
FY2024-25
TRANSFERS/
ADJUST
FY2024-25
REVISED
BUDGET
FY2024-25
EXPENDED thru
SEPTEMBER
2024 FY2024-25
ENCUMB BALANCE
REMAINING
%
Without
ENCUMB
% USED %
Completed
Estimate
Completion
Date
UPDATES - PROJECT MANAGERS
356
COMMUNITY SERVICES
DEPARTMENT - CIP -
continued
357 AUDITORIUM CONVENTION
CENTER UPGRADES - 43,912 43,912 - 43,912 - 0% 100% 95% 7/31/2024 Construction Phase - PCO approved for stage light replacement in February 2024. Construction Phase - Punchlist. Punchlist inspection completed. Punchlist item - Light rings need to be installed and contractor to request for final invoice there after. Project is complete; working on City Council acceptance.
358 RICHMOND COMMUNITIES
CLEAN COLLOBORATIVE 5,044,289 280,291 5,324,580 - 465,738 4,858,842 0% 9% 38% 12/31/2024 7th St. Bike Lane Project - 95% design. Close to submit to BNSF and CPUC for review. Slated for construction in mid May. Assigned to new staff. Staff will work to package PS&E in Nov for Bid/Award.
Boorman Park Site Remediation - Submitted RAP to DTSC for review and approval for grant extension. 95% design, coordination with BNSF O&M Agreement and Temporary Occupancy Permit. Assigned to new staff. Staff will work to package PS&E in Q2 for Bid/Award. Bids received $~1.8M over. Council approved additional funding. Staff requested Admin to proceed with Contract Award. Department of Toxic Subtances Control approval still needed earliest approval November.
359 TOTAL - COMMUNITY
SERVICES DEPARTMENT CIP 5,794,927 324,203 6,119,130 - 509,650 5,609,480 0% 8% 360 LIBRARY DEPARTMENT - CIP
361 BOOKMOBILE - NEW 140,000 - 140,000 - - 140,000 0% 0% No Update 362 COURTYARD ENCLOSURE -
MAIN LIBRARY 382,000 - 382,000 - - 382,000 0% 0% No Update 363 MAIN LIBRARY REMODEL 1,362,904 1,917,679 3,280,583 7,690 1,909,989 1,362,904 0% 58% 20% 2/28/2026 Currently in community engagement and conceptual design phase.
The architect, Noll and Tam, is preparing conceptual design options.
Next community meeting is on 1/25/24. Design Phase - The architect, Noll and Tam, is working with the City to finalize the conceptual design. Schematic Design anticipated to commence in late March.
Project team submitted Removal Action Work Plan to Caltrans for review and requested extension for clean-up. Additional $4M shortfall identified. The project is currently in Design Development phase. 100% Design development drawings were submitted on 9/10. The project is currently in Construction Document phase. No new update 364 TOTAL - LIBRARY
DEPARTMENT CIP 1,884,904 1,917,679 3,802,583 7,690 1,909,989 1,884,904 0% 50% 365 ECONOMIC DEVELOPMENT -
PORT OF RICHMOND - CIP
366 AREA FM CAP 912,930 295 913,225 - 295 912,930 0% 0% 25% 3/31/2025 Final draft plan comments being reviewed with DTSC. NV5 and CSW are amending plans to remove the Bioswales and include monitoring wells as requested by DTSC. Work Plan prepared by NV5 and CSW responded to original DTSC Staff comments and resubmitted for 30+ day State DTSC review. After 3+ months waiting for State Department of Toxic Substance Control (DTSC) to review and comment an amended work plan with COR’s contractors CSW and NV5, DTSC provided additional list of comments for COR to review and respond.
Bid packet will be ready during 1st Quarter of 2025. No new update. 367 CAFETERIA BUIDLING
WINTERIZATION 141,894 67,000 208,894 - 67,000 141,894 0% 32% 45657 In discussion with the consultant WJE, initial mtg scheduled 368 ELECTRICAL MAINTENANCE 60,000 59,800 119,800 - 59,800 60,000 0% 50% 30% 45657 In process of a requisition for (PW contractor) NEMA 369 FLOCK CAMERA
INSTALLATION 25,000 - 25,000 - - 25,000 0% 0%
370 HISTORIC SHIP MOVE 500,000 - 500,000 - - 500,000 0% 0% 371 PAVEMENT MAINTENANCE 150,000 - 150,000 - - 150,000 0% 0% 30% 45747 Plan to approve contract with WR Forbe in CC May 2024 372 PORT ELECTRICAL ON-CALL 200,000 - 200,000 - - 200,000 0% 0% 373 PORT INFRASTRUCTURE
UPGRADE 150,000 - 150,000 - - 150,000 0% 0%
374 PPMT ELECTRICAL AND
WATERING METERING 365,000 - 365,000 - - 365,000 0% 0% 10% Planning Stage 375 PROCESSING BUILDING
ASSESSMENT 100,000 - 100,000 - - 100,000 0% 0%
376 PROCESSING BUILDING
VENTILATION 55,000 - 55,000 - - 55,000 0% 0% 30% 45747 In progress with quotes the tenant is taking the lead
1133
City of Richmond
FY2024-25
Attachment 3 - Capital Improvement Projects - Quarter 1 Report By Department Line # EXPENDITURES - CAPITAL
PROJECTS by DEPARTMENT
ORIGINAL
BUDGET
FY2024-25
TRANSFERS/
ADJUST
FY2024-25
REVISED
BUDGET
FY2024-25
EXPENDED thru
SEPTEMBER
2024 FY2024-25
ENCUMB BALANCE
REMAINING
%
Without
ENCUMB
% USED %
Completed
Estimate
Completion
Date
UPDATES - PROJECT MANAGERS
377
ECONOMIC DEVELOPMENT -
PORT OF RICHMOND - CIP -
continued
378 PROCESSING BUILDING
WINDOW REPAIR 350,000 - 350,000 - - 350,000 0% 0% 90% 6/30/2024 Emergency item: Alten Construction in process, need to discuss additional scope 379 RIGGERS LOFT PAINTING 175,000 - 175,000 - - 175,000 0% 0% 40% 45747 CC approval April 1, 2024 380 ROAD, GATE, FENCE
INFRASTRUCTURE 60,000 - 60,000 2,224 - 60,000 4% 4%
381 STROM DRAIN
IMPROVEMENTS - PORT 500,000 - 500,000 - - 500,000 0% 0% 382 TERMINAL 4 WHARF
REMOVAL 2,301,853 544,498 2,846,351 - 611,314 2,235,037 0% 21% 75% 9/30/2024 Construction commencing Q4. In construction and working on change orders. General contractor to clean up debris by November 30, install Enhanced Rock Slope Protection (ERSP). Port Team to procure long-term monitoring consultant.
383 TERMINALS 7 & 8 DREDGING 65,000 - 65,000 - - 65,000 0% 0% 10% 12/31/2024 RFP is out, combo with yacht. No new updates. 384 TERMINALS 7 & 8
ELECTRIFICATION 1,700,000 - 1,700,000 - - 1,700,000 0% 0% 15% 12/31/2025 Design contract with Rosedin approved by CC on 2.20.24. RFP is out, combo with yacht. No new updates.
385 YACHT ENTRANCE HARBOUR
DREDGING 45,000 - 45,000 - - 45,000 0% 0% 10% 12/31/2024 RFP is out, combo with Terminals 7/8. No new updates 386
TOTAL - ECONOMIC
DEVELOPMENT - PORT OF
RICHMOND CIP
7,856,677 671,593 8,528,270 2,224 738,409 7,789,861 0% 9% 387
PUBLIC WORKS -
EQUIPMENT SERVICES AND
REPLACEMENT - CIP
388 FIRE VEHICLES 2,460,000 56,432 2,516,432 3,906 55,131 2,599,799 0% 2% Outfitting cost paid. No new acqusition. 389 OTHER CITY EQUIPMENT 25,000 175,526 200,526 80,000 95,526 25,000 40% 88% Wheel Alignment Machine acquired $80,000 390 OTHER CITY VEHICLES 1,935,000 2,292,581 4,227,581 321,314 2,185,371 1,720,896 8% 59% 4 new F350 with Flatbeds and 1 new Chevrolet Malibu acquired in Q1 391 POLICE VEHICLES 1,465,000 241,815 1,706,815 151,358 1,164,785 390,672 9% 77% Vehicles purchased in FY23-24 outfitted this Q1, no new acquisition. 392 TOTAL - EQUIPMENT
SERVICES CIP 5,885,000 2,766,354 8,651,354 556,578 3,500,813 4,736,367 6% 47% 393 INFORMATION TECHNOLOGY
- CIP
394 AUDIO VIDEO EQUIPMENT
REPLACEMENT 38,170 - 38,170 - - 38,170 - 0% 70% 12/31/204 No Update 395 IT FIRE EOC EQUIPMENT 147,869 - 147,869 - - 147,869 0% 0% No Update 396 NETWOTRK REFRESH 255,055 - 255,055 - - 255,055 0% 0% No Update 397 TOTAL - INFORMATION
TECHNOLOGY CIP 402,924 - 402,924 - - 402,924 0% 0%
398 POLICE - CIP
399 CORP YARD SECURITY
CAMERAS 37,500 - 37,500 - - 37,500 0% 0% No update from PD, additional coordination needed. 400 TOTAL - POLICE CIP 37,500 - 37,500 - - 37,500 0% 0% 401 GRAND TOTAL 123,495,837 31,840,916 155,336,753 5,771,772 41,003,971 108,705,638 4% 30%
1134
Reso. No.
RESOLUTION NO. ________
A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, ADOPTING THE FISCAL YEAR 2024-25 FOR QUARTER 1 BUDGET ADJUSTMENTS WHEREAS, pursuant to Section 1(b) of Article IV of the Richmond City Charter the City Manager is required to prepare an annual budget for the review and approval by the City Council; and
WHEREAS, the City’s budget was originally adopted on June 24, 2024; and WHEREAS, the City’s first quarter budget report is received to monitor budget to actual trends between the time period of July 1, 2024, and September 30,2024; and WHEREAS, the City Council has reviewed the proposed budget adjustments in the first quarter budget report; and at a public meeting on November 19, 2024; and NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Richmond, California hereby adopts the resolution to receive the City’s first quarter budget report and approve the proposed budget adjustments set forth in Table 1, below:
Table 1: Budget Adjustments
General Fund Requests
Fund Fund
Description
Revenue
Increase/
(Decrease)
Expense
Increase/
(Decrease)
Net
Impact Justification
0001 General Fund 88,716
(88,716)
Carried-forward PO for IT
architectural services for network
refresh, approved FY2023-24
midyear
0001 General Fund 78,794
(78,794)
Carried-forward PO for
RingCentral MVP Services,
approved FY2023-24 midyear
0001 General Fund 95,352
(95,352)
Carried-forward PO for replacing
fiber backbone in parks and Corp
yard, approved FY2023-24
midyear
0001 General Fund 36,769
(36,769)
Carried-forward PO for network
infrastructure fiber termination and
fiber, approved FY2023-24
midyear
0001 General Fund 44,434
(44,434)
Carried-forward PO for
replacement and installation of
UPS batteries 440 building,
approved FY2023-24 midyear
0001 General Fund 707,000 707,000 Updated sales tax update from consultant, Avenu Analytics
0001 General Fund (97,000) (97,000) Updated sales tax update from consultant, Avenu Analytics
0001 General Fund (66,400) (66,400) Updated sales tax update from consultant, Avenu Analytics
0001 General Fund (99,000) (99,000) Updated sales tax update from consultant, Avenu Analytics
0001 General Fund 100,000 100,000 2% admin fee collected from credit card transactions
0001 General Fund 100,000 (100,000) Property tax bills to Contra Costa County and Richmond Main Street
0001 General Fund 355,000 (355,000) CCTV Cameras (Police/Public Works) - Transfer Out
0001 General Fund 80,000
(80,000)
New radios for Code Enforcement,
(11) APX6000 radios with software
features
1135
Reso. No.
General Fund -
Net Impact 544,600 879,064 (334,464)
Non-General Fund Requests
1018 Rent Program (10,000) (10,000) Decrease revenue and expense due to Rent Board deciding not to
conduct the 360-performance
evaluations 1018 Rent Program (10,000) 10,000
Fund Fund
Description
Revenue
Increase/
(Decrease)
Expense
Increase/
(Decrease)
Net
Impact Justification
1054 Engineering
Grant 178,400 178,400
Appropriate TDA Grant for
Downtown Point Richmond
Bicycle Connectivity Project that
supports the Ferry to Bridge to
Greenway (F2B2G) Plan. This
was approved by City Council in
Resolution 12-22 adopted on
01/25/2022
1054 Engineering
Grant 178,400 (178,400)
2001 General Capital
Fund 3,000,000 (3,000,000)
Appropriate $3M from the general
capital fund balance for the Main
Library Remodel Project as
Project team anticipates
encumbering/spending
approximately $3M by April 2025
for public art appropriation,
construction management
services, permit fees, utility fees,
relocation costs, temporary facility
upgrades and procuring a contract
for furniture, fixtures and
equipment
2001 General Capital
Fund 110,739 (110,739)
Appropriate from Fund Balance to
complete and close out the Santa
Rita Road Stabilization project.
Funding was approved in FY23-24
City Council meeting 05/21/24
2001 General Capital
Fund 267,500 (267,500)
Appropriate from Fund Balance
fund for the Downtown Point
Richmond Bicycle Connectivity
Project 23060 funded in part by
TDA Grant
2001 General Capital
Fund 355,000 355,000 CCTV Cameras (Police/Public Works) - Transfer In 2001 General Capital
Fund 355,000 (355,000) CCTV Cameras (Police/Public Works) 4003 Wastewater 732,938 (732,938)
Appropriate budget for WWTP
Dichlorination SBS Project.
Contract increase was approved
by the City Council on 6-25-24,
after FY2024-25's budget was
adopted
4003 Wastewater 7,797,456 (7,797,456)
Appropriate budget for WWTP
Sludge Thickener Project.
Contract increase was approved
by the City Council on 7-2-24,
after FY2024-25's budget was
adopted
Non-General
Fund Requests
- Net Impact
523,400 12,432,033 (11,908,633)
**********************
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 November 19, 2024, by the following vote:
AYES:
NOES:
1136
Reso. No.
ABSTENTIONS:
ABSENT:
______________________________
City Clerk of the City of Richmond
(SEAL)
Approved:
__________________________________
Mayor
Approved as to form:
___________________________________
City Attorney
1137
Fiscal Year 2024-25
Quarter 1 Budget Report
DRAFT
1138
Recommended Action
2 RECEIVE the FY 2024-25 Q1 budget report for the period of July 1, 2024, through September 30, 2024; and ADOPT a Resolution approving proposed budget adjustments. (Andrea Miller 510-620- 6790 / Mubeen Qader 510-412-2077 / Jerry Gurule 510-620- 6591)
1139
FY 2024-25 General Fund Revenue
3 57,597,487
60,456,550
62,092,359
23,405,397
22,457,040
505,000
22,421,539
-
3,696,443
16,880,289
4,483,079
3,652,246
190,465
22,356,469
- 10,000,000 20,000,000 30,000,000 40,000,000 50,000,000 60,000,000 70,000,000
PROPERTY TAXES
SALES & USE TAX
UTILITY USERS TAX
OTHER TAXES
OTHER REVENUE
GRANTS
TRANSFERS IN
Amount
Revenue Category
ACTUALS REVISED BUDGET
1140
95,257,157
70,546,262
36,519,770
5,611,745
23,450,598
850,905
(3,514,373)
20,557,373
21,405,267
17,883,474
4,627,336
1,736,112
5,850,156
-
(911,167)
8,489,338
(20,000,000) - 20,000,000 40,000,000 60,000,000 80,000,000 100,000,000 120,000,000
SALARIES AND WAGES
PYRLL/FRINGE BENEFIT
PROFESSIONAL AND OPERATIONS
UTILITIES
COST POOL
DEBT SVC EXPENDITURE
A87 COST PLAN REIMB.
TRANSFERS OUT
Amount
Expenditure Category
ACTUALS REVISED BUDGET
FY 2024-25 General Fund Expenditure
4 1141
FY 2024-25 Non-General Fund Revenue
5 67,930,475
16,161,500
39,394,502
2,718,720
4,676,806
36,850,188
27,524,024
62,858,434
11,214,258
6,196,980
1,896,305
912,150
712,443
9,806,517
3,751,366
5,396,928
- 10,000,000 20,000,000 30,000,000 40,000,000 50,000,000 60,000,000 70,000,000 80,000,000 Total Capital Improvement Fund
Total Debt Service Funds
Total Enterprise Funds
Total Housing Funds
Total Housing Authority Funds
Total Internal Service Funds
Total Other Operations Funds
Total Special Revenue Funds
Amount
Fund Type
ACTUALS REVISED BUDGET
1142
FY2024-25 Non-General Fund Expenditures
6 91,657,555
16,261,836
78,923,673
5,838,425
4,685,856
45,787,951
33,952,759
101,310,763
2,686,813
4,219,863
13,599,411
119,852
527,725
15,177,963
4,650,514
28,938,253
0 20,000,000 40,000,000 60,000,000 80,000,000 100,000,000 120,000,000 Total Capital Improvement Fund
Total Debt Service Funds
Total Enterprise Funds
Total Housing Funds
Total Housing Authority Funds
Total Internal Service Funds
Total Other Operations Funds
Total Special Revenue Funds
Amount
Fund Type
ACTUALS REVISED BUDGET
1143
Proposed Budget Adjustments
General Fund, $544,600 Revenue and $879,064 Expenditure – Revenue Adjustments of $444,600 for Sales tax update from Consultant, Avenu Analytics and $100,000 for 2% admin fee collected from credit card transactions, administrative adjustments for Mid-Year Carried Forward Purchase Orders for IT Infrastructure in the amount of $344,064, $100,000 appropriation for Property Tax bills to Contra Costa County and Richmond Main Street, $80,000 appropriation for Mandatory Code Enforcement Radios, and Transfer out $355,000 to General Capital for CCTV Cameras Rent Program, ($10,000) Revenue and ($10,000) Expenditure – Administrative Adjustment to match Rent Board Approved Budget for Fiscal Year 2024-25, Rent Board Removed 360 Evaluation, which would result in a reduction in the Rental Housing Fee.
Engineering Grants, $178,400 Revenue and $178,400 Expenditure– Appropriate revenue and expenditure for TDA Grant for Downtown Point Richmond Bicycle Connectivity Project. General Capital Fund, $355,000 Revenue and $3,733,239 Expenditure – Transfer in from General Fund for CCTV Cameras for $355,000 and appropriate expenditure for $355,000 for CCTV Cameras. Appropriate expenditures from fund balance of $3,000,000 for Main Library Remodel Project, $110,739 from fund balance to close out Santa Rita Road Stabilization Project, and $267,500 from fund balance for Downtown Point Richmond Bicycle Connectivity Project. Wastewater, $8,530,394 – Appropriate expenditures of $732,938 for Wastewater Treatment Plant Dichlorination and $7,797,456 for Wastewater Treatment Plant Sludge Thickener Project. 7 1144
Recommended Action
RECEIVE the FY 2024-25 Q1 budget report for the period of July 1, 2024, through September 30, 2024; and ADOPT a Resolution approving proposed budget adjustments. (Andrea Miller 510-620- 6790 / Mubeen Qader 510-412-2077 / Jerry Gurule 510-620- 6591)
8 1145
Thank You
Questions?
9 1146
November 19, 2024
Finance Department
DATE: November 19, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Shasa Curl, City Manager
Andrea Miller, Finance Director
Rita Martinez, Finance Manager II
Subject: Propose Amendment to the Payment Schedule of the Loan Agreement Between the City of Richmond and the
Port of Richmond.
FINANCIAL IMPACT: The City’s General Fund will receive $4,500,000 within Fiscal Year (FY) 2024-2025.
PREVIOUS COUNCIL
ACTION:
October 15, 2013
STATEMENT OF THE
ISSUE:
Staff is seeking City Council approval to amend the
Payment Schedule of the Loan Agreement between the
City and Port to advance $4,500,000 to the General Fund within FY 2024-2025.
RECOMMENDED ACTION: AUTHORIZE the city manager to execute the First Amendment to the Amended and Restated Memorandum
of Loan Agreement and Promissory Note (“Loan”)
between the City of Richmond and the Port of Richmond
to revise in entirety the Payment Schedule memorializing prepayments on the Loan in the amount of four million
five hundred thousand dollars ($4,500,000) over a sixmonth period between January 2025 and June 2025 – Finance Department (Andrea Miller 510-620-6790/Rita
Martinez 510-621-1546).
AGENDA
REPORT
1147
November 19, 2024
DISCUSSION:
The City of Richmond (“City”) has provided services and loans to the Port of Richmond (“Port”) dating back to 1977. On May 17, 2006, the Port and the City entered into a memorandum of agreement and promissory note (the “Loan”), and on May 24, 2007, the Port and City entered into a subsequent memorandum of agreement and promissory note for payment of the Loan (collectively, the “Original Loan Documents”).
On October 15, 2013, the Amended Loan Documents provided that:
The Loan shall be a non-revolving loan for a term commencing on the date fully executed and ending in 2067,
The Port may prepay the Loan in whole or in part at any time with no penalty for prepayment,
The Original Loan Documents will be terminated and replaced with the Amended Loan Documents,
Rent, together with accrued interest calculated at the Local Agency Investment Fund (“LAIF”) average three (3) year interest rate, for the berthing of the vessel Red Oak Victory at PPMT since in or about August 2004, will offset and reduce the principal amount of the Loan, the sale of any Port property, including Terminal One and Terminal Four, will offset and reduce the balance of the principal amount of the Loan, the offset amount(s) will be determined at the time of such sale(s),
As a component of its annual budget, the Port will analyze and make a recommendation to the City Council concerning its ability to make debt payments in accordance with the Payment Schedule; the City Council may allow the Port to make adjustments to the yearly payment based on the Port’s ability to make payments at the City Council’s discretion, and
The Port will pay zero percent (0%) interest moving forward.
Currently, the sale of Port properties has not taken place, and the City is seeking additional available funds from the General Fund to ensure proper funding to cover the project shortfall for the Richmond Main Library Renovation Project; as well as accelerating the overall Port repayment plan by 15 years, with a final payment date of June 2049.
The amended Payment Schedule will deliver a total of $4,500,000 to the General Fund within a six-month period (January 2025 to June 2025) in Fiscal Year (FY) 2024-2025. January 2025 - $750,000
February 2025 - $750,000
1148
November 19, 2024
March 2025 - $750,000
April 2025 - $750,000
May 2025 - $750,000
June 2025 - $750,000
Following the above additional payments to be made in FY 2024-2025, the Port will then follow the revised payment schedule and proceed with the $150,000 annual payments to the City as agreed upon in the Amended and Restated Memorandum of Loan Agreement and Promissory Note signed by the City Manager on December 17, 2013 (approved by City Council on October 15, 2013).
DOCUMENTS ATTACHED:
Attachment 1 – First Amendment to the Amended and Restated Memorandum of Loan Agreement and Promissory Note
Attachment 2 – Amended and Restated Memorandum of Loan Agreement and Promissory Note
1149
First Amendment to the Amended and Restated Memorandum of Loan Agreement and Promissory Note between the City of Richmond and the Port of Richmond This First Amendment to the Amended and Restated Memorandum of Loan Agreement and Promissory Note with the Port of Richmond (“First Amendment”) is made this 20th day of November, 2024, by and between the City of Richmond, a California municipal corporation (“City”), and the Port of Richmond (“Port”) for the purposes of revising the Loan Agreement’s payment schedule.
Recitals
A. Since in or about December 1977, the City of Richmond (the “City”) has provided the following services and loans to the Port of Richmond (the “Port”): Port leases, contracts, project assistance and loans funded by the General Fund (the “Loan”); B. On May 17, 2006, the Port and City entered into a memorandum of agreement and promissory note for payment of the Loan, and on May 24, 2007, the Port and City entered into a subsequent memorandum of agreement and promissory note for payment of the Loan (collectively, the “Original Loan Documents”); C. On October 15, 2013, The City and the Port entered into that certain Amended and Restated Loan Agreement and Promissory Note (the “Loan Agreement”) to terminate and replace the Original Loan Documents in favor of the Loan Agreement; D. Pursuant to Section 2(d) of the Loan Agreement (“Prepayments”), the Port may prepay the Loan in whole or in part, at any time, from time to time; E. In accordance with the above, the Port wishes to exercise its right to prepay on the Loan in the amount of four million, five hundred thousand dollars ($4,500,000) to be paid over a six-month period between January, 2025 and June, 2025.
Now therefore, for good and valuable consideration, the amount and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. Exhibit A of the Loan Agreement (“Payment Schedule”) is amended and replaced in its entirety by Exhibit A, attached hereto this First Amendment, to memorialize prepayments by the Port on the Loan in the amount of four million, five hundred thousand dollars ($4,500,000) to be paid over a six-month period between January, 2025 and June, 2025.
2. All other terms and conditions in the Loan Agreement not otherwise modified by this First Amendment will remain in full force and effect.
1150
In witness whereof, the Parties have entered this Amendment on the date written above.
The City of Richmond,
A California Municipal Corporation
Shasa Curl
City Manager
Date: ____________________________
The Port of Richmond
Charles Gerard
Port Director
Date: ______________________________
1151
PAYMENT SCHEDULE
Advance to Port from General Fund
Interest Deferred Until FY2010
Outstanding Balance (06/30/13) 16,942,096.86
Interest Rate (3 year LAIF Average)
Date Interest Principal Payments Red Oak Victory
Offset 2004-2012
Balance Annual Debt
Service
Notes:
6/30/2005
6/30/2006 17,139,855.00 -
6/30/2007 - 50,000.00 17,089,855.00 50,000.00
6/30/2008 - 50,000.00 17,039,855.00 50,000.00
6/30/2009 - 17,039,855.00 -
6/30/2010 397,525.00 17,437,380.00 397,525.00
6/30/2011 347,594.20 17,784,974.20 347,594.20
6/30/2012 - 842,877.34 16,942,096.86 -
6/30/2013 - - 125,940.00 16,816,156.86 -
6/30/2014 - 650,000.00 127,199.40 16,038,957.46 650,000.00 [1] 6/30/2015 - 1,150,000.00 128,471.39 14,760,486.09 1,150,000.00 [2] 6/30/2016 - 150,000.00 129,756.11 14,480,729.98 150,000.00 6/30/2017 - 150,000.00 131,053.67 14,199,676.31 150,000.00 6/30/2018 - 150,000.00 132,364.21 13,917,312.10 150,000.00 6/30/2019 - 150,000.00 133,687.85 13,633,624.26 150,000.00 6/30/2020 - 150,000.00 135,024.73 13,348,599.53 150,000.00 6/30/2021 - 150,000.00 136,374.97 13,062,224.56 150,000.00 6/30/2022 - 150,000.00 137,738.72 12,774,485.83 150,000.00 6/30/2023 - 150,000.00 139,116.11 12,485,369.72 150,000.00 6/30/2024 - 200,000.00 140,507.27 12,144,862.45 200,000.00 [3] 1/31/2025 - 750,000.00 11,394,862.45 750,000.00 [4]
2/28/2025 750,000.00 10,644,862.45 750,000.00
3/31/2025 750,000.00 9,894,862.45 750,000.00
4/30/2025 750,000.00 9,144,862.45 750,000.00
5/31/2025 750,000.00 8,394,862.45 750,000.00
6/30/2025 750,000.00 141,912.34 7,502,950.11 750,000.00 6/30/2026 - 150,000.00 143,331.47 7,209,618.64 150,000.00 6/30/2027 - 150,000.00 144,764.78 6,914,853.86 150,000.00 6/30/2028 - 150,000.00 146,212.43 6,618,641.43 150,000.00 6/30/2029 - 150,000.00 147,674.55 6,320,966.87 150,000.00 6/30/2030 - 150,000.00 149,151.30 6,021,815.57 150,000.00 6/30/2031 - 150,000.00 150,642.81 5,721,172.76 150,000.00 6/30/2032 - 150,000.00 152,149.24 5,419,023.52 150,000.00 6/30/2033 - 150,000.00 153,670.73 5,115,352.78 150,000.00 6/30/2034 - 150,000.00 155,207.44 4,810,145.34 150,000.00 6/30/2035 - 150,000.00 156,759.52 4,503,385.83 150,000.00 6/30/2036 - 150,000.00 158,327.11 4,195,058.72 150,000.00 6/30/2037 - 150,000.00 159,910.38 3,885,148.34 150,000.00 6/30/2038 - 150,000.00 161,509.49 3,573,638.85 150,000.00 6/30/2039 - 150,000.00 163,124.58 3,260,514.27 150,000.00 6/30/2040 - 150,000.00 164,755.83 2,945,758.44 150,000.00 6/30/2041 - 150,000.00 166,403.38 2,629,355.06 150,000.00 6/30/2042 - 150,000.00 168,067.42 2,311,287.64 150,000.00 6/30/2043 - 150,000.00 169,748.09 1,991,539.55 150,000.00 6/30/2044 - 150,000.00 171,445.57 1,670,093.98 150,000.00 6/30/2045 - 150,000.00 173,160.03 1,346,933.95 150,000.00 Last Revised 11/19/2024
EXHIBIT A
1152
PAYMENT SCHEDULE
Date Interest Principal Payments Red Oak Victory
Offset 2004-2012
Balance Annual Debt
Service
Notes:
6/30/2046 - 150,000.00 174,891.63 1,022,042.32 150,000.00 6/30/2047 - 150,000.00 176,640.55 695,401.77 150,000.00 6/30/2048 - 150,000.00 178,406.95 366,994.82 150,000.00 6/30/2049 - 186,803.80 180,191.02 0.00 186,803.80
6/30/2050 - -
6/30/2051 - -
6/30/2052 - -
6/30/2053 - -
6/30/2054 - -
6/30/2055 - -
6/30/2056 - -
6/30/2057 - -
6/30/2058 - -
6/30/2059 - -
6/30/2060 - -
6/30/2061 - -
6/30/2062 - -
6/30/2063 - -
6/30/2064 - -
Notes:
[1] Extra $500k from non-refundable deposit from sale of Terminal 1 [2] Extra $1,000,000 from Port's cash balance as a result of Revenue being greater than expenses [4] Proposal to advance payment of $4.5M paid over 6 months in place of sale proceeds of Terminal 1 [3] Additional $50k from Port's cash balance, per discussion with Charles G., Port Director, Mubeen Q., Deputy Director of Finance, and Rita M., Sr. Accountant.
Last Revised 11/19/2024 1153
1154
1155
1156
1157
1158
1159
October 15, 2024
Human Resources
DATE: October 15, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Nickie Mastay, Deputy City Manager, Internal Services Sharrone Taylor, Director of Human Resources
Subject: Amend the Salary Schedule
FINANCIAL IMPACT: There is no fiscal impact from amending the salary schedule
PREVIOUS COUNCIL
ACTION:
Not Applicable
STATEMENT OF THE
ISSUE:
The City Council’s authorization is required to establish salary ranges for classifications by amending the salary schedule.
RECOMMENDED ACTION: ADOPT a resolution amending the salary schedule to retitle Electrical Supervisor to Chief Electrician – Human Resources Department (Sharrone Taylor/Nickie Mastay
510-620-6602).
DISCUSSION:
City staff desires to amend the salary schedule to retitle Electrical Supervisor to Chief Electrician.
Chief Electrician
The Human Resources (HR) Department has been working with the Public Works Director to ensure the job descriptions and titles accurately reflect the work that is being done. The Electrician Supervisor is being retitled to Chief Electrician to better denote the scope of responsibility that this position has. This is a working supervisor position, AGENDA
REPORT
1160
October 15, 2024
and the incumbent is expected to work in the field and have the ability to impart knowledge, adequate training, and provide leadership to the electrician unit. This classification is represented by IFPTE Local 21- Mid Management. The Personnel Board approved the change in the classification title on September 26, 2024.
NEXT STEPS:
City staff recommends the approval of the resolution to amend the salary schedule.
Accordingly, the attached resolution will amend the salary schedule for the retitle in the following manner:
Classification New Monthly Salary Range
Job Title Range Step 1
or Min
Step 2 Step 3 Step 4 Step 5 Bargaining
Unit
Electrical
Supervisor
Chief
Electrician
M209 9,072.60 9,526.24 10,002.54 10,502.68 11,027.80 IFPTE-Local 21 Mid
Management
City Council approval is required to amend the publicly available salary schedule. City staff recommends approval of the resolution amending the salary schedule to retitle Electrical Supervisor to Chief Electrician.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution Amending the Salary Schedule
1161
RESOLUTION NO. _____
RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA
AMENDING THE SALARY SCHEDULE
WHEREAS the Department of Human Resources maintains the classification and salary schedule on behalf of the City; and
WHEREAS the City wishes to amend the salary schedule and such amendments are supported by the City Manager.
NOW THEREFORE, BE IT RESOLVED, that, effective October 15, 2024, the Salary Schedule is hereby revised as follows and the Director of Human Resources shall publicly post the revised Salary Schedule.
Job Classification Range Step 1 or
Min.
Step 2 Step 3 Step 4 Step 5 or
Max.
FLSA Unit
2215 Chief Electrician M209 9,072.60 9,526.24 10,002.54 10,502.68 11,027.80 Exempt IFPTE Local 21 -Mid
Management
-----------
I hereby certify that the foregoing Resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
_____________________________
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
____________________
1162
Mayor
Approved as to form:
____________________
City Attorney
1163
November 19, 2024
Human Resources
DATE: November 19, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Nickie Mastay, Deputy City Manager, Internal Services Sharrone Taylor, Director of Human Resources
Subject: Amend position control list
FINANCIAL IMPACT: It is anticipated that positions will be filled by the end of the calendar year with an estimated remaining fiscal
impact for six months of approximately $1,101,825.
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
The City Council’s authorization is required to amend
staffing (position control list) and allocate funding as required.
RECOMMENDED ACTION: ADOPT a resolution to amend staffing and position control list and allocate the necessary salary, wages, and benefits as required – Human Resources Department
(Nickie Mastay/Sharrone Taylor 510-620-6602).
DISCUSSION:
The City recognizes that adequate staffing plays a vital role in the effective operation of local government, significantly influencing service delivery, community engagement, and overall organizational efficiency. Therefore, we continue to invest in employee recruitment and development. This commitment is essential to maintaining a responsive and effective local government and to making the City of Richmond the employer of choice. The following positions represent strategic reallocations and additions designed to support our goal of meeting the goals and objectives established by the City Council and to enhance service delivery to our community.
AGENDA
REPORT
1164
November 19, 2024
FIRE DEPARTMENT
The Fire Chief is requesting the addition of nine (9) temporary Firefighter positions by increasing the number of temporary positions. Currently, the Fire Department has five (5) Firefighter vacancies. As the department conducts internal promotions in higher ranks, additional vacancies will occur. In addition, some firefighters may elect to retire in the coming months. As we embark on the background evaluation process and the Fire Academy scheduled for March 2025, the Fire Chief desires to place enough recruits through the academy to back fill future vacancies. As openings occur through attrition, the vacancies at the Firefighter level will be deactivated to maintain a total of 30 firefighters.
The intention behind these temporary positions will help maintain the department's operational readiness, ensuring that community needs are effectively met. Once the new recruits transition into permanent roles, the temporary positions will be formally eliminated from the department's position control roster, streamlining the workforce while maintaining the necessary capacity to serve the community effectively.
Estimated Fiscal Impact
Classification Salary and Benefits
Add Firefighter (9) ~$895,469
COMMUNITY DEVELOPMENT – ADMINISTRATION
The Director of the Community Development Department is requesting the reclassification of the Associate Administrative Analyst position to Senior Administrative Analyst. The complexity of tasks have significantly increased due to the rising number of grants across different department divisions. This escalation in complexity underscores the necessity of a senior-level classification for this position. The growing demands of procurement processes and the intricacies of administrative operations require a professional capable of navigating these challenges effectively. This reclassification is crucial to ensure that the division is equipped with the expertise needed to manage multifaceted projects and to provide strategic guidance in areas that are critical to the department's success. By elevating this role, the department will be able to enhance its operational capabilities and better support our overall mission.
The reclassified position is designed to provide comprehensive support to the various divisions involved in procurement procedures, as well as to enhance administrative and operational methods. This includes critical functions such as contract management and grant reporting, all of which require a high level of expertise and attention to detail. Additionally, the role will involve conducting the production of Request for Proposals/Qualifications (RFPs/RFQs) evaluations and working closely with 1165
November 19, 2024
the Director of Community Development in the creation of staff reports, contracts, purchase orders, and the development of standard operating procedures.
Estimated Fiscal Impact
Classification Salary and Benefits
Delete Associate Administrative Analyst (1) ($81,256)
Add Senior Administrative Analyst (1) $97,988
Total Net Impact $16,732
PUBLIC WORKS – COMPLIANCE
The Director of the Public Works Department is requesting the addition of a Construction Inspector I/II position specifically to assist in enforcing the Sidewalk Vendor Ordinance. This strategic addition addresses critical operational needs in Public Works related to sidewalk vendor compliance and other essential inspections.
Currently, sidewalk vendor ordinance enforcement is being managed by an external consultant, 4Leaf, whose services could exceed $250,000 annually. By establishing this role in-house, the department anticipates significant cost savings while also enhancing operational consistency and continuity in enforcement activities. An internal Construction Inspector would have the advantage of direct familiarity with the City's ordinances, priorities, and community standards, enabling more efficient and proactive enforcement.
The Construction Inspector’s job description is being updated to include sidewalk vendor ordinance enforcement as a core duty. Our two existing Construction Inspectors are already working beyond capacity, frequently incurring overtime to meet ongoing demands. Adding an additional inspector will alleviate this strain, allowing for balanced workloads across the team and ensuring that essential city inspections continue without disruption.
This new position is essential to meet the City’s evolving operational needs, as it will allow Public Works to effectively manage the demands of sidewalk vendor compliance without overextending current staff. The addition will also improve overall service quality, supporting the City's goal of maintaining safe and accessible public spaces while upholding local ordinances.
By approving this reclassification, the City can provide a cost-effective, sustainable, and responsive solution for sidewalk vendor ordinance enforcement, benefiting both the community and the Public Works Department's operational goals. 1166
November 19, 2024
Estimated Fiscal Impact
Classification
Salary and Benefits
Add Construction Inspector I/II (1) $74,121
PUBLIC WORKS – ABATEMENT/PARKS
The Director of the Public Works Department is requesting the addition of the Parks Supervisor position for the Parks and Landscaping Division. This division is responsible for the landscaping within the city’s parks, the street right-of-way, facility grounds, and open spaces. The Division is also responsible for the care of the urban forest, which includes approximately 30,000 City-owned trees. Regarding parks and landscape maintenance, the levels of service vary depending upon location. The levels of service are higher in the two areas of the city covered by special assessment districts, namely the Marina Bay Landscaping and Lighting District (MLLD) and the Hilltop Landscape Maintenance District (HLMD). The districts are funded by assessments levied against parcels within the respective districts, and this additional funding traditionally more than doubles the resources that would otherwise be allocated for parks and landscaping maintenance in those defined areas. The City Council has recently approved the addition of more staff for the Parks and Landscape Maintenance Division with the goal to increase level of service for the community. The division has three Parks Supervisors: one for the MLLD, one for the HLMD and one for the rest of the City.
Counting temporary employees, with the addition of new staff approved by City Council, the Parks Supervisor for the MLLD will lead a team of 5 to 9 employees (5 FTpermanent & up to 4 temporary/seasonal); the Parks Supervisor for the HLMD will lead a team of 7 to 11 employees (7 FT/permanent & up to 4 temporary/seasonal); and the Parks Supervisor for the rest of the City will lead a team of 27 to 35 employees (27 FT/permanent & up to 8 temporary/seasonal).
Outside the two special assessment districts, the division is creating six maintenance crews with up to 35 employees at any given time. The complexity of logistics and tasks will significantly increase in the upcoming months as the new maintenance crews are being created. This escalation in complexity underscores the necessity to add a second Parks Supervisor outside the districts. This addition is crucial to ensure that the division is equipped with the expertise and leadership needed to schedule and manage several staff members in the Parks and Landscaping Division and increase the level of services for the community. The creation of multiple maintenance crews will lead to more intricate scheduling, task assignments, and resource management. A second supervisor will help streamline these operations, ensuring that all teams function cohesively and efficiently. The disparity in team sizes and responsibilities among the current 1167
November 19, 2024
supervisors creates an imbalance that could impact service quality. Dedicated supervisors for the broader functions within the city can ensure that resources are allocated effectively and equitably, allowing for consistent service delivery across all neighborhoods. Increased supervisory capacity will allow for more focused training, mentorship, and support for the staff. This investment in human resources is essential for retaining talent and ensuring that employees are well-equipped to handle their responsibilities.
The addition of a Parks Supervisor for the Parks and Landscape Maintenance Division is not merely an enhancement but a necessity in light of the upcoming changes and expansions within the division. This position will provide the leadership needed to manage the complexities of our operations effectively, improve service levels for our community, and ensure equitable maintenance of our city’s parks and landscapes. The investment in this role will ultimately lead to a more vibrant and well-maintained public space for the residents of our city.
Estimated Fiscal Impact
Classification
Salary and Benefits
Add Parks Supervisor (1) $108,369
PUBLIC WORKS – EQUIPMENT SERVICES
The Director of the Public Works Department is requesting the reclassification of the vacant Combination Equipment Mechanic position to Combination Equipment Mechanic Leadworker. This is a strategic move to address the increasing operational demands within the Fleet Maintenance Division of the Public Works Department. Since the departure of the previous Leadworker in 2016, the division has operated without dedicated leadership, which has significantly impacted its efficiency and service quality.
The Leadworker role is essential for assigning tasks, directing the team, and ensuring that the maintenance and repair of city vehicles and equipment are carried out effectively. By formalizing this position, the department will restore critical leadership that has been lacking, ultimately enhancing service delivery to all city departments, including vital services like the Richmond Police and Fire Departments.
Over the past three years, the responsibilities traditionally held by the Equipment Supervisor and the Combination Equipment Mechanic Leadworker have been absorbed by the Equipment Services Superintendent, leading to an unsustainable workload and a dilution of service quality. This temporary arrangement has proven inadequate in meeting the growing demands related to vehicle procurement, compliance with state and federal regulations, and necessary administrative operations. The absence of a dedicated Leadworker has hindered the division's ability to provide timely and effective 1168
November 19, 2024
responses to complex maintenance issues, resulting in delays that affect the operational readiness of city vehicles. Reclassifying the position will enable the fleet maintenance team to function with greater efficiency and responsiveness.
Moreover, elevating the vacant position to Leadworker will align with the City Council's overarching goals of enhancing operational capabilities and service effectiveness across departments. With a designated leader in place, the Fleet Maintenance Division will not only improve its internal workflow but also foster a more collaborative environment among staff, ensuring that all mechanics receive the guidance and support needed to excel in their roles. This reclassification represents a crucial step toward strengthening the division's infrastructure, ultimately benefiting the entire city through improved maintenance services and vehicle readiness.
Estimated Fiscal Impact
Classification Salary and Benefits
Add Combination Equipment Mechanic Leadworker (1) $81,256 Delete Combination Equipment Mechanic (1) ($74,121)
Total Net Impact $7,134
FISCAL IMPACT:
It is anticipated that positions will be filled by the end of the calendar year with an estimated remaining fiscal impact of approximately $1,101,825. Certain positions are extremely difficult to fill, and as such, the recruitment period may be extended.
SUMMARY:
City staff recommends approval of the resolution amending the position control list and allocating funds, which will modify the position control list in the following manner:
Add the following positions:
Classification Department Unit
1 – Senior Administrative
Analyst Community Development IFPTE Local 21 MidManagement 1 – Construction Inspector I/II Public Works / Engineering SEIU Local 1021 General Employees
1169
November 19, 2024
1 – Parks Supervisor Public Works IFPTE Local 21 MidManagement 1 – Combination Equipment
Mechanic Lead Worker Public Works SEIU Local 1021 General Employees 9- Firefighters Fire Department IAFF Local 188 - Firefighters Delete the following positions:
Classification Department Unit
1 – Associate Administrative
Analyst Community Development IFPTE Local 21 MidManagement 1 – Combination Equipment
Mechanic Public Works SEIU Local 1021 General Employees DOCUMENTS ATTACHED:
Attachment 1 – Resolution Amending Position Control
1170
RESOLUTION NO. _____
RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA AMENDING THE CITY’S POSITION CONTROL LIST
WHEREAS, pursuant to Article IV Section 1(b)(1) of the City Charter, the City Manager has the responsibility to manage all affairs of the City's operations, and appoint employees when necessary for the good service of the City; and WHEREAS, pursuant to City Resolution No. 148-20, the City Manager has the authority to make appropriate administrative changes to the City’s position control list; and WHEREAS, the City Manager has determined that certain amendments to the position control list are necessary to meet the operational needs of the City.
NOW THEREFORE BE IT RESOLVED, that the Richmond City Council authorizes the City Manager to modify the position control in order to meet the operational needs of the City; and
BE IT FURTHER RESOLVED, that, effective November 19, 2024, the City’s position control is hereby revised to add the following positions:
Classification Department Unit
1 – Senior Administrative
Analyst Community Development IFPTE Local 21 MidManagement 1 – Construction Inspector I/II Public Works / Engineering SEIU Local 1021 General Employees
1 – Parks Supervisor Public Works IFPTE Local 21 MidManagement 1 – Combination Equipment
Mechanic Lead Worker Public Works SEIU Local 1021 General Employees 9- Firefighter Fire Department
IAFF Local 188 –
Firefighters
BE IT FURTHER RESOLVED, that, effective November 19, 2024, the City’s position control is hereby revised to delete the following positions:
Classification Department Unit
1 – Associate Administrative
Analyst Community Development IFPTE Local 21 MidManagement 1 – Combination Equipment
Mechanic Public Works SEIU Local 1021 General Employees 1171
-----------
I hereby certify that the foregoing Resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
_____________________________
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
____________________
Mayor
Approved as to form:
____________________
City Attorney
1172
(November 19, 2024)
Information Technology
DATE: November 19, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Sue Hartman, Director of IT
Subject: Resolution Confirming Standing Orders and Outline Agreements for Technology Related on Demand
Hardware, Software, and Services from Various Vendors.
FINANCIAL IMPACT: There is no fiscal impact resulting from adoption of this resolution. The proposed standing orders/outline
agreements are not a commitment to spend. Only preapproved adopted budget dollars can be used with these certified vendors in accordance with procurement
policies.
PREVIOUS COUNCIL
ACTION:
Fiscal Year 2000 - 2001 the Council authorized the
standing orders and outline agreements.
STATEMENT OF THE
ISSUE:
Confirming standing orders/outline agreements for on
demand technology related goods and services from
various vendors in support of essential City of Richmond hardware, software, and services, in an amount not to
exceed $500,000 per year per vendor for fiscal years
2024-2025 through 2028-2029.
RECOMMENDED ACTION: ADOPT a resolution authorizing the Department of Information Technology to use standing orders/outline
agreements for technology related goods and services
from nine pre-approved vendors in support of essential
City of Richmond hardware, software, and services, in an amount not to exceed $500,000 per year per vendor for
Fiscal Years 2024-2025 through 2028-2029 with review
and approval of such agreements from City Attorney’s
AGENDA
REPORT
1173
(November 19, 2024)
Office - Information Technology Department (Sue
Hartman 510-620-6874).
DISCUSSION:
The utilization of standing orders/outline agreements by the Information Technology Department began in fiscal year 2000-2001. It is an effective way for the City to reduce costs and respond more quickly to service needs. The proposed vendors have been qualified for City-wide utilization for the purchase of technology related goods and services. Establishing an upper spending limit for these standing orders/outline agreements prevents over expenditures by combined City-wide departmental usage.
With these control mechanisms in place, the City can continue to be the recipient of optimum technology related goods and services at the lowest cost utilizing a pool of preapproved vendors.
On May 24, 2024, the City issued a request for proposal (RFP) for on demand technology related hardware, software, and services. Two thousand, two hundred and forty-five (2,245) potential vendors were notified about the RFP. Forty-one (41) registered vendors downloaded the RFP (Attachment 2). On September 23, 2024, a team of four staff reviewed the nine responding vendor solutions.
Five of the responding vendors already provide products and services to the City of Richmond and have proven their ability to perform. The remaining four have demonstrated their products and services to the satisfaction of the I.T. Department staff rating their responses.
The criteria used to qualify the nine (9) responsive vendors included:
(1) proven ability to provide City standard certified and tested products and services (2) ability to provide staffing and resources that meets the City’s needs (3) experience working within a municipal/public safety environment (4) ability to provide high quality customer service
(5) cost effectiveness
Each criteria had a possible rating of zero (0) to twenty (20) points for a total possible one hundred (100) points. A total of nine (9) bid responses were reviewed and selected.
The following vendors were responsive to the RFP and received greater than eighty (80) points each. (Attachment 3).
1174
(November 19, 2024)
The Information Technology staff recommends adoption of a resolution to use standing orders/outline agreements for technology related goods and services from nine preapproved vendors for hardware, software, and services, in an amount not to exceed $500,000 per year per vendor for fiscal years 2024-2025 through 2028-2029 with review and approval of such agreements from the City Attorney’s Office (Attachment 1).
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Request for Proposal
Attachment 3 – Bidders Score Sheets
1175
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, RENEWING
STANDING ORDERS AND ESTABLISHING OUTLINE AGREEMENTS FOR TECHNOLOGY RELATED SERVICES FROM NINE VENDORS IN AN AMOUNT NOT TO EXCEED $500,000 PER YEAR FOR FISCAL YEARS 2024-2025 THROUGH 2028-2029.
WHEREAS, in Ffiscal Yyear 2000-2001, the Richmond City Council authorized establishing standing orders/outline agreements with technology related vendors; and WHEREAS, the Richmond Information Technology Division Department has demonstrated that purchasing can be expedited, paperwork can be reduced, better discounts realized, and service to the public can be improved through the development and implementation of standings orders/outline agreements; and.
WHEREAS, on May 24, 2024, the City issued a request for proposals (RFP) for on demand technology related hardware, software, and services; and
WHEREAS, a total of two thousand, two hundred and forty-five (2,245) potential vendors were notified of the RFP, a total of forty-one (41) vendors downloaded the RFP, and on September 23, 2024 City staff reviewed vendor applicants and determined that nine (9) vendor applicants met or exceeded the City’s evaluation criteria elaborated within the RFP; and
WHEREAS, City staff seeks approval from City Council to authorize expenditures of standing orders/outline agreements with each of the 9 successful vendors at a level not to exceed $500,000 per year during the fiscal years 2024-2025 through 2028-2029.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond, California, hereby authorizes the Division Department of Information Technology to use standing orders/outline agreements to purchase technology related goods and services, with the following companies:
Bruce Harris & Associates
Daktronics
ECS Imaging, Inc.
Media Control Systems
Nearmap US, Inc.
Pro-West & Associates, Inc.
Rand McNally Publishing
Storyblocks
Vestra Resources, Inc.
FURTHERMORE, BE IT RESOLVED that the City Council of the City of Richmond authorizes expenditures of the standing orders/outline agreements to a level not to exceed $500,000 per year during the fiscal years 2024-2025 through 2028-2029.
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond, California at a regular meeting thereof held by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Approved:
Clerk of the City of Richmond
(Seal)
Mayor
Approved as to form:
City Attorney
1176
Request for Proposals
Technology Related Hardware, Software, and Services
Release Date: April 26, 2024, 5:00pm
Deadline for Submittal of Questions: May 10, 2024
Deadline for Submittal: May 17, 2024, 5:00pm
Deadline extended to May 24, 2024, 5:00pm
Contact: Sue Hartman, Director of Information Technology Email: [email protected]
Phone Number: 510-620-6874
City of Richmond
Information Technology Department
450 Civic Center Plaza, Richmond, CA 94804
ABOUT THE CITY
The City of Richmond was charted as a city in 1909, and is located 16 miles northeast of San Francisco, directly across the San Francisco Bay. Richmond’s population is 115,677. The mission of the City of Richmond is as follows:
The City of Richmond provides services that enhance economic vitality, the environment, and the quality of life of our community.
The City of Richmond provides a full range of municipal services including police and fire protection; construction and maintenance of highways, streets, and infrastructure; library services; storm water and municipal sewer systems; operation of a wastewater treatment facility; and the administration of recreational activities and cultural events.
The City also operates the Richmond Memorial Convention Center and the Port of Richmond.
1177
BID REQUEST BACKGROUND / DESCRIPTION
The City of Richmond is soliciting proposals for Technology Related Hardware, Software, and Services on an as needed basis for a three (3) year term with the option to renew for two additional years. The City anticipates awarding more than one agreement for each category. Award is subject to available budget adequate to carry out the provisions of the proposed agreement including the identified Scope of Work.
The City reserves the right to reject any or all proposals. THIS IS NOT A TRUE FORMAL BID. WE ARE USING THIS ELECTRONIC FORMAT TO CONDUCT AN RFP IN ORDER TO GET LINE-ITEM PRICING. NO PURCHASE ORDERS WILL BE GENERATED FROM THIS REQUEST.
Vendors are required to read and understand all information contained within this entire Proposal package. By responding to this RFP, the vendor agrees to read and understand these documents.
Scope of Bid: The City is seeking proposals for a variety of technology related hardware, software, and services including but not limited to network, desktop, VoIP, audio/video, cabling, fiber, photography, broadcast support, as well as systems including ERP, GIS, Website application support and training. Offeror must include detailed description of charges for the sample of services offered. Firms selected must be available on an as needed basis. Please include specific best government discounting and other vendor benefits.
Please respond to the attached Vendor Certification Matrix (Questionnaire) using n/a where applicable. Price all items as Same Day Service. State if your support staff is Department of Justice (DOJ) certified. Offeror’s RFP response must include three external references from clients to validate the offeror’s past performance on similar bid responses. These references should be current customers of the prospective firm with at least four years of ongoing professional relationships.
Please add additional pages as necessary. The minimum information that must be provided for each client reference follows:
Name of the contact person
Name of the company or government entity
Address of the contact person
Telephone number of contact person
Email address of the contact person
A description and best discounted price of the products and services offered and any comments that may best describe these products and services.
Selection may be made without further discussion, negotiations, or presentations.
Respondents are encouraged to submit the most favorable terms in response to this RFP. The City reserves the right to request additional information or clarification on any matter included in the proposal response to enable the City to arrive at the final award decision.
1178
Other Details: Only electronic proposals will be accepted. Please submit your proposal via the BidsOnline system. Proposers may submit written questions via email to [email protected] on or before May 10, 2024. The email subject line must read: “Technology Related Products or Services RFP”. 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.
Electronic Proposals must be submitted to the City by 5:00 p.m. PST, on May 17, 2024. Electronic proposals must be submitted through the City’s BidsOnline System. www.ci.richmond.ca.us/bids. Proposals will not be accepted by fax, mail, or e-mail.
NO PURCHASE ORDERS WILL BE GENERATED FROM THIS REQUEST.
PROCESS FOR SUBMITTING PROPOSALS
Questions Concerning Request for Proposals
Please do not contact staff directly regarding this RFP as it will not be answered. All questions must be submitted via the electronic Bids Online system on the Q&A tab by 5:00pm PST, on or before May 10, 2024. If the City finds it necessary to issue an addendum, prospective Offerors will receive e-mail notification of addendum.
It is the proposer’s responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/bids for any possible addenda to the bid that may have been posted.
Any party submitting a proposal shall not contact or lobby any City Council member, City official, employee (except those specified for contact) or agent regarding the BID.
Any party attempting to influence or circumvent the BID, bid submittal, and review process may have their proposal rejected for violating this provision of the BID.
Interested parties may download copies of the above-mentioned proposal by visiting the City's web site, to download BID, new vendors will be required to register. Once the vendor downloads any documents relative to a solicitation, that vendor's name will appear on the Prospective Bidders list for that project and will receive any addenda or notifications relating to the BID.
The City of Richmond reserves the right to waive inconsequential irregularities.
GENERAL GUIDELINES
This bid does not commit the City of Richmond to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this bid, or to procure our contract for work. The City of Richmond may reject a proposal without providing the reason(s) underlying the decline. A failure to award a contract to the proposer with the lowest cost proposal shall not constitute a valid cause of action against the City of Richmond. The City shall not be responsible for work done, even in good faith, prior to final approval of the proposed contract. The City may investigate the qualifications of any respondent under consideration, require confirmation of information furnished by the respondent, and require additional evidence or qualifications to perform the Services described in this BID.
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The City reserves the right to:
1. Reject any or all proposals.
2. Issue subsequent Requests for Proposal.
3. Postpone opening for its own convenience.
4. Remedy technical errors in the Request for Proposal process.
5. Negotiate with any, all, or none of the Respondents.
6. Solicit best and final offers from all or some of the Respondents.
7. Select one or more Respondents.
8. Accept other than the lowest proposed fees.
9. Waive informalities and irregularities in proposals.
References - Offerors must provide references from three (3) government agencies of similar size as the City of Richmond. By submitting this information, Offeror authorizes the City of Richmond to contact these clients for purposes consistent with the review of this bid. See example:
Please provide the Institution Name, Contact name, Telephone number, email address, and description of services.
PROPOSAL FORMAT GUIDELINES
The RFP response should be concise, well organized, and demonstrate the proposer’s qualifications and experience applicable to the bid request.
PROPOSAL EVALUATION AND SELECTION PROCESS
All proposals shall be reviewed to verify that the respondent has met the minimum requirements. Proposals that have not complied with requirements, do not meet minimum content and quality standards, or take unacceptable exceptions to the General Terms and Conditions of the Service Agreement, will be eliminated from further consideration. Proposals will be reviewed and evaluated by an evaluation committee comprised of City of Richmond personnel.
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Evaluation Criteria (possible Total Points = 100, each line item ranked 0 to 20 points)
The award shall be made to the Offeror(s) whose RFP response, in the opinion of the City, is deemed responsive and acceptable taking into consideration the reliability of the Offeror, the qualities of the services proposed to be supplied, their conformity with the specifications and the purposes described in this bid document and the bid response.
Evaluation Criteria:
1. Proven ability to provide City standard certified and tested products.
2. Technology provider with resource capability that meets the City’s standard requirements.
3. Experience in working with a municipal / public safety environment.
4. Ability to provide high quality customer service.
5. Cost
Public Records
All proposals submitted in response to this RFP become the property of the City of Richmond and public records and, as such, may be subject to public review. Documents protected by law from public disclosure will not be disclosed by the City of Richmond if clearly marked with the word "confidential" on each applicable page. Trade secrets may be marked as confidential only to the extent they meet the requirements of California Government Code section 6254.7. Only information claimed to be a trade secret at the time of submittal to the City of Richmond and marked as "confidential" will be treated as a trade secret.
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.
Collusion
By submitting a proposal, each respondent represents and warrants that its proposal is genuine and not false or collusive or made in the interest of, or on behalf of any person not named therein; that the respondent has not directly or indirectly induced or solicited any other person to submit a false proposal, or any other person to refrain from submitting a proposal; and that the respondent has not, in any manner, sought collusion to secure any improper advantage over any other person submitting a proposal. 1181
Withdrawal of Proposals
A respondent may withdraw their proposal before the expiration of the time for submission of proposals by delivering to the Finance Department a written request for withdrawal signed by, or on behalf of, the respondent.
Pre-Award Negotiations
After the proposals are opened, but prior to award, the City may elect to conduct negotiations with the highest ranked proposal respondents for purposes of:
• Resolving minor differences and information
• Clarifying necessary details and responsibilities
• Emphasizing important issues and points
• Receiving assurances from respondents
Selection may be made without further discussion, negotiations, or Offeror’s presentations; therefore, Offeror shall offer the most favorable terms in response to this RFP. Offeror must demonstrate an understanding of the scope of service to be provided and the ability to accomplish the tasks set forth. Offeror shall include information that will enable the City to determine the Offeror’s overall qualifications. The City reserves the right to request additional information or clarification on any matter included in the proposal response, to enable the City to arrive at the final award decision.
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November 19, 2024
Library and Community Services
DATE: November 19, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Kate Eppler, Deputy Director of Community Services – Library
Christopher Larsen, Library Services Manager
Subject: Contract with Imperial County Office of Education to Continue Richmond Public Library’s Connection to CENIC
Network High Speed Broadband
FINANCIAL IMPACT: The proposed annual not to exceed amount of $10,000 is included in the approved Library operating budget for
Fiscal Year 2024-2025 (01241055 – 400401).
PREVIOUS COUNCIL
ACTION:
April 4, 2023
STATEMENT OF THE
ISSUE:
The California State Library provides discounted highspeed broadband access to public libraries through the Broadband Services Project; to continue its participation in the project, Richmond Public Library must contract with the new Statewide Broadband Access Aggregator, the
Imperial County Office of Education.
RECOMMENDED ACTION: APPROVE a sole-source contract with the Imperial County Office of Education for a not to exceed amount of $30,000, with a term beginning September 10, 2024, and
ending September 10, 2027, to allow the Richmond
Public Library’s connection to the Corporation for
Education Network Initiatives in California (CENIC) high speed network – Community Services (Christopher
Larsen 510-620-5524/Kate Eppler 510-620-5452).
AGENDA
REPORT
1187
November 19, 2024
DISCUSSION:
The Richmond Public Library maintains a one gigabyte high-speed internet connection for use by Library patrons through participation in the California State Library Broadband Services Project (Project), which connects libraries to the fiber-optic-based California Research and Education Network (CalREN). CalREN is operated and maintained by the Corporation for Education Network Initiatives in California (CENIC) and is a multi-tiered, advanced network-services fabric serving more than 20 million users across California, including the vast majority of K-12 students together with educators, researchers, and individuals at other vital public-serving institutions, like libraries. More information about CENIC can be found at https://cenic.org/about.
To administer the Project, the California State Library selects a Statewide Broadband Access Aggregator (Aggregator). Participating libraries contract with the Aggregator for data circuits to connect to CalREN. The Aggregator further facilitates participation in the Project by coordinating discounts through the California Teleconnect Fund and applying federal E-Rate funds received by the Library. While the annual cost of the Library’s CENIC internet connection is $8,780.40, the E-rated annual cost is $878.04 (Attachment 2).
The California State Library selected Imperial County Office of Education (ICOE) as the new Aggregator for the Broadband Services Project in January 2024 (Attachment 3).
City Council approved a contract with Columbia Technology Corporation on April 4, 2023; however, ICOE assumed the role from Columbia Technology Corporation. The Richmond Public Library is seeking approval of a sole source contract with ICOE to maintain its discounted, high-speed connection to CalREN for Library visitors (Attachment 4).
DOCUMENTS ATTACHED:
Attachment 1 - ICOE CENIC Aggregator Contract
Attachment 2 - CENIC Richmond Public Library Quote
Attachment 3 - Press Release Appointing ICOE CENIC Aggregator Attachment 4 - ICOE Sole Source
Attachment 5 - ICOE IT Authorization.pdf
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CITY OF RICHMOND
STANDARD CONTRACT
Department:
Community Services – Library
Project Manager:
Christopher Larsen
Project Manager E-mail:
[email protected]
Project Manager Phone No:
(510) 620-5524
Vendor No: Contract No:
Description of Services:
Connection to CENIC high-speed broadband fiber network.
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: Imperial County Office of Education
Street Address: 1398 Sperber Road
City, State, Zip Code: El Centro, CA 92243
Contact Person: Luis Wong
Telephone: Email: [email protected]
Business License No: n/a
[ ] A California corporation, [ ] limited liability corporation, [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]
[ X ] other [specify:] California Public Agency
2. Term. The effective date of this Contract is September 10, 2024, and terminates September 10, 2027, unless terminated earlier as set forth herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $30,000.00 (“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.
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.
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. 1189
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 IMPERIAL COUNTY OFFICE OF EDUCATION (* 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
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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:
AGREEMENT BETWEEN RICHMOND PUBLIC LIBRARY AND THE
IMPERIAL COUNTY OFFICE OF EDUCATION
FOR THE PROVISION,INSTALLATION, AND MAINTENANCE OF
ADVANCED NETWORK (DATA) SERVICES
This Agreement, hereinafter referred to as “Agreement,” is entered into as of March 19, 2024, by and between the Imperial County Office of Education, hereinafter referred to as “ICOE,” and the Richmond Public Library, City of Richmond, hereinafter referred to as “Library”. ICOE and Library are sometimes referred to in this Agreement individually as “Party” and collectively as “Parties”. All written communications between the parties shall be addressed as follows unless and until amended in writing by the respective party.
Richmond Public Library Imperial County Office of Education Shasa Curl, City Manager Luis Wong, CEO
City of Richmond Network Initiatives
450 Civic Center Plaza 1398 Sperber Road
Richmond, CA 94804 El Centro, CA 92243
[email protected] [email protected]
WITNESS THAT
WHEREAS, ICOE is the Statewide Broadband Access Administrator for the California State Library Broadband Services Project (“Project”); and
WHEREAS, ICOE, on behalf of the California State Library, has contracted with the Corporation for Education Network Initiatives in California (“CENIC”) and its subsidiaries to provide high-speed networking to libraries in California; and WHEREAS, the Library desires to enter into an agreement with ICOE to obtain one or more data circuits to connect the Library to the CENIC high-speed broadband fiber network, CalREN, and, if specified in Appendix #1, attached, to connect the Library to other library sites as identified in said Appendix for the purpose of connecting to CalREN.
NOW, THEREFORE, Library and ICOE enter into this Agreement:
1. Purpose
It is the purpose of this Agreement to set forth the terms and conditions applicable to the provision of communications and related network services to the Library under the Project. 1191
2. Services to be Provided
Parties understand that the primary communications infrastructure CENIC provides is the California Research and Education Network ("CalREN"). Services that CENIC will provide to Libraries will include the use of CalREN and contracting for and provision of data circuits supplied by network service providers.
ICOE, on behalf of Library, will contract with CENIC for such data circuits. Specific circuits and their costs are included in Appendix #1 attached, which may be amended from time to time by mutually signed Addenda (“Services”). ICOE assures Library that CENIC or ICOE will notify Library of installation requirements and necessary maintenance instructions. Neither CENIC nor ICOE shall be responsible for operating or maintaining software, equipment, or cabling that connects equipment or network services not provided by CENIC for the Services unless specifically agreed to in writing by CENIC.
Parties agree to provide notice to the other Party within 10 calendar days of a failure by CENIC or the network service provider to deliver Services or otherwise comply with the terms described in this Agreement, including Appendix #1 and subsequent Addenda. If noticed non-performance is not cured in a timely manner, Parties agree to meet within 10 days of said notice and discuss appropriate remedies, including but not limited to cancellation of related services or service credits as specified in the underlying agreements between CENIC and its network service provider and ICOE and CENIC.
Library is responsible for calculating and paying any early termination penalties that might apply due to the cancellation of existing connections so that it may receive Services under this Agreement.
Library is responsible for completing, signing, and submitting any required Letter of Agency, or related documentation, to confirm its participation in and eligibility for the E-rate Consortia and to authorize CENIC, as the E-rate Consortia lead, to act on its behalf as described under the Letter of Agency for the purpose of securing E-rate discounts.
Library is further responsible for completing, signing, and submitting any responsible Letter of Authorization, or related documentation, to the California Public Utilities Commission to authorize ICOE and CENIC to act on its behalf to submit an application and supporting documentation for the purpose of receiving discounts on eligible network services as part of the California Teleconnect Fund program.
If Library is currently receiving E-rate funding for its existing services, Library remains responsible for continuing to apply for that E-rate funding until all CENIC Services are turned up and existing E-rate supported services are canceled.
3. Term and Termination of this Agreement
(a) TERM OF THIS AGREEMENT. This Agreement shall be in effect from March 19, 2024, until the termination of all Services, including the circuits ordered under this Agreement (as defined in Appendix #1: CENIC Circuit Quote and any subsequent Addenda under this Agreement), or unless otherwise terminated by a Party pursuant to the terms of this Agreement. Specific terms for the circuits provided pursuant to this Agreement shall depend 1192
on the specific date such circuit is “handed off” to Library pursuant to Appendix #1 or subsequent Addenda or as noticed in writing by CENIC to Library. (b) TERMINATION. Termination of this Agreement prior to the end date of any given circuit, as described in Appendix #1 or subsequent Addenda, shall result in Library paying any applicable circuit telecommunications carrier termination charges or similar early termination charges that ICOE incurs under its agreement with CENIC resulting from early termination of the Service.
(c) Notwithstanding the above, upon a sixty (60) days written notice prior to the second and each following June 30 after a circuit is installed, Library may cancel a circuit without penalty if it verifies to ICOE and CENIC that funding to pay for that circuit is not available and Library agrees that for at least 12 months after said notice it will not order or otherwise obtain a replacement circuit or substantially similar services in place of the canceled circuit. (d) Library may terminate this Agreement with no penalty if non-recurring, one-time costs for all circuits included in Appendix #1 and any subsequent Addenda are materially increased by the telecommunications carrier from the amount shown in Appendix #1. (e) ICOE may terminate this Agreement or assign its rights and responsibilities under this Agreement to a third party upon no less than sixty (60) days written notice to Library in the event of termination or expiration of its duties and obligations under the Project and with written approval of the California State Library.
4. Payment
ICOE bills quarterly in arrears. Payment for services shall be due within thirty (30) days of receipt of an ICOE invoice reflecting the provision of the services for which the invoice is sent or as otherwise agreed to by the Library and ICOE. Except for non-recurring costs, if any, costs in Appendix #1 and any subsequent Addenda shall only begin upon installation of circuit(s). The Library will put forth reasonable efforts to make payments within thirty (30) days after receipt of the invoice. The Library understands and agrees that ICOE will only make payment to CENIC for services upon receipt of related payments from the Library. If the Library fails to make payments within thirty (30) days after receipt of the invoice, it agrees to pay any reasonable late payment fees incurred by ICOE under its agreement with CENIC.
Unless otherwise agreed to between the Parties, all circuit deployment fees, if any, as set forth in Appendix #1 and subsequent Addenda, are non-cancelable and non-refundable. Upon termination of this Agreement, or any Services provided under this Agreement, any outstanding circuit deployment fees, outstanding recurring charges, non-recurring fees, applicable circuit termination charges, and applicable early termination penalties shall become due and payable immediately upon termination.
5. Miscellaneous
(a) CONDITIONS OF USE. Library agrees to conform to the CENIC Appropriate Use Policy located at https://cenic.org/network/policies/acceptable-use-policy (revised September 13, 2004) and to any specific conditions of use imposed by network service providers or subcontractors providing communications services to CENIC as may be in force at the time such services are made available, including pursuant to an Addendum to this Agreement. If CENIC, subcontractors, or network service provider conditions of use are modified, Library will be notified and if Library believes it can no longer conform to their requirements, Library shall have one hundred eighty (180) days from the notice of the modification to terminate the affected Service(s) without penalty. Library must provide a 30-day written notice of its 1193
termination under this provision to ICOE and CENIC. If Library does not elect to terminate the Service(s), Library must conform to the revised conditions of use. If Library fails to conform to the revised conditions of use, the Services may be subject to termination upon sixty (60) day notice to Library from ICOE or CENIC.
(b) CONFLICTING CLAUSES. If any clause in this Master Agreement is in conflict with a clause in an Addendum to this Agreement, the language in the Addendum shall take precedence only for the service defined in that Addendum. (c) FORCE MAJEURE. Neither Party shall be responsible for the performance of its obligations hereunder where prevented, delayed, or hindered by war, riots, embargoes, strikes involving third parties, acts of third-party communications service providers, including any local access provider, or of their vendors, or suppliers unrelated to the services offered under this Agreement, acts of unrelated third parties, accidents, cable cuts by third parties not related to services provided under this Agreement, natural disasters, act(s) of God or any other event beyond the reasonable control of the Parties.
(d) GOVERNING LAW. The laws of the State of California shall govern this Agreement. (e) NON-LIBRARY USES: Library understands that this agreement covers only library use of CalREN and of circuits provided hereunder and Library agrees that no other uses will be made of the services provided herein.
6. Entire Agreement
This Agreement and any Addenda contemporaneously or subsequently executed by the parties constitute the entire Agreement between the parties regarding the subject matter of this Agreement and supersede all prior written or oral agreements with respect to such. This Agreement may not be modified orally, and no modification or amendment shall be binding unless in writing and signed by authorized representatives of both parties.
7. General Provisions
7.1 Nondiscrimination: During the performance of this Agreement, (a) ICOE and its subcontractors shall not deny the Agreement’s benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age (over 40) or sex. (b) ICOE shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
7.2 Severability: It is expressly agreed and understood by the Parties hereto that if any provision of this Agreement is held to be or invalid under any applicable statute or rule of law, it is deemed to that extent to be omitted. However, the balance of the Agreement shall remain in full force and effect.
7.3 Rights and Remedies: The rights and remedies of the Parties provided herein shall not be exclusive and are in addition to any other rights and remedies provided by law.
7.4 Prior Agreements: The Library agrees that any prior agreements entered between any entity that previously served as the Broadband Administrator and the Library for the purpose of participating in the CENIC E-Rate Consortium or receiving services pursuant 1194
to that program have been terminated.
8. Indemnification. Library agrees to indemnify, defend and save harmless ICOE, its officers, agents, and employees from any and all claims, losses, and liabilities accruing or resulting to ICOE and any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Library in the performance of this Agreement, but only in proportion to and in the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Library, its officers, agents, or employees.
ICOE agrees to indemnify, defend, and save harmless Library, its trustees, officers, agents, and employees from any and all liabilities accruing or resulting to Library and any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by ICOE in the performance of this Agreement, but only in proportion to and in the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of ICOE, its officers, agents, or employees.
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Contract No: For the Contract between the City of
Richmond and Imperial County
Office of Education
Appendix#1
Provision, Installation, and
Maintenance Of Advanced Network
(Data) Services: Reimbursement of
Circuit Costs
This Appendix lists the circuits contracted for by CENIC on behalf of ICOE and the Library for connecting CENIC’s fiber optic backbone to the Library and for library connections that are not direct connections to CENIC’s fiber optic backbone, e.g., direct connections between libraries (defined as “Services” in the Agreement). Library understands that CENIC will bill ICOE, and ICOE will bill the Library for the costs of circuits charged by network service providers, including any taxes and surcharges and any one-time installation fees. Prior to approval of CENIC’s E-rate Consortium Library Application, not all applicable E-rate and CTF discounts will be reflected on invoices. After the E-rate Application for any given year is approved, the network service provider will coordinate with CENIC to provide appropriate credits, and such credits will be passed from CENIC to ICOE and from ICOE to the Library. Such credits are typically issued sometime during the fiscal year after the year in which the circuits are installed, and Services are first provided. In subsequent years, credits continue to be issued in the fiscal year after the year for which Services have been provided. Library further understands that the exact discounted cost of circuits will not be known until after the E-rate Consortium Library Application is approved. The actual start date of the Service, and therefore of circuit costs, will depend on coordination among CENIC, the Library, and the network service provider. Any one- time (Non-recurring or NRC) costs included below are typically invoiced by carriers prior to circuit installation and will be invoiced to the Library upon receipt of the invoice to CENIC from the network service provider.
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Contract No: For the Contract between the City of
Richmond and Imperial County
Office of Education
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: Christopher Larsen
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, Christopher Larsen, 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. 1197
Contract No: For the Contract between the City of
Richmond and Imperial County
Office of Education
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:
Christopher Larsen
City of Richmond – Library
325 Civic Center Plaza
Richmond, CA 94804
Email: [email protected]
5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:
Luis Wong
Imperial County Office of Education
1398 Sperber Road
El Centro, CA 92243
Email: [email protected]
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Contract No: For the Contract between the City of
Richmond and Imperial County
Office of Education
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 except 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 to 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 employeremployee 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, medical condition (e.g. cancer), genetic information, marital 1199
Contract No: For the Contract between the City of
Richmond and Imperial County
Office of Education
status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political 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 to 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 1200
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Office of Education
reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
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 circumstances 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 1201
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Office of Education
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 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. 1202
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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 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 1203
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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, 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.
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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 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.
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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 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:
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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 United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G. 1207
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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”):
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 to 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 1209
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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:
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$2,000,000 per occurrence or claim.
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 additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. Any 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. 1211
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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 (hereafter "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”). Contractor understands the meaning of the following 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 variety of sources for the purposes of reselling such information to their customers, which 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 ultimately used.
b. “Extreme 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 Contract 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 entity 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:
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Quote For Richmond
Customer: Richmond Public Library
Budget Summary Description: 1 Gbps to CENIC Hubsite
Line Item NRC
Non-Recurring Cost
MRC
Monthly Recurring Cost
ARC
Annual Recurring
Cost
1 Equipment $0.00 $0.00 $0.00
2 Maintenance $0.00 $0.00 $0.00
3 Installation $0.00 $0.00 $0.00
4 Circuit $0.00 $731.70 -
Total $0.00 $731.70 $0.00
Annual Cost $8,780.40
E-rated Annual Cost† $878.04
Total for Year 1 $8,780.40
E-rated Total for Year 1† $878.04
*Pricing does not include applicable taxes, surcharges, and fees. These costs may vary and will be included in invoices at CENIC’s actual cost.
*If an Out of Band line is required, customer must provide a phone line for OOB or allow CENIC to order one and be reimbursed for both the one-time installation and ongoing monthly recurring costs. *NRC items are one-time costs billed upon execution of contract. *MRC items are billed quarterly.
†E-rate discount: percent discount indicated is an estimate based on data available at the time the quote was generated. Actual discount percentage will be identified by the E-rate authorities at a later point †E-rate and CTF reimbursements are dependent upon the continued funding of these programs. CENIC/Califa cannot guarantee the E-rate and CTF discounts, and these discounts are subject to change. †E-rate Costs may take up to 18 months to activate due to USAC processing time Version: 1.0
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Richmond Carrier Costs
*Pricing does not include applicable taxes, surcharges, and fees. These costs may vary and will be included in
invoices at CENIC’s actual cost.
E-rate discount: percent discount indicated is an estimate based on data available at the time the quote was generated. Actual discount percentage will be identified by the E-rate authorities at a later point
LOC A** Carrier Info E-rate Discount 80.00% Total Discounted MRC Total Discounted NRC Site Name Site Name Service
Provider
Requested
Bandwidth
Est Contract End
Date
Non Recurring
Cost
MRC for 5 year
term
Discounted NRC Discounted MRC $73.17 $0.00
Richmond Public Library CENIC Hubsite AT&T 1 Gbps 7/1/2025 $0.00 $731.70 $0.00 $73.17 1215
Announcing the new Statewide Library Broadband Access Aggregator Partner For Immediate Release:
January 9, 2024
Contact: Jenna Pontious
(279) 399-8990
[email protected]
[Sacramento, Calif.] – To improve collaboration with public schools and improve digital connectivity, the California State Library has selected the Imperial County Office of Education (ICOE) to serve as Broadband Access Aggregator to help connect more public libraries to high-speed network used by the state’s universities, community colleges and public schools.
For over 20 years, the Imperial County Office of Education has been implementing innovative solutions to connect schools, libraries, and other public agencies, receiving both state and national recognition for its efforts. The county office’s current role as program manager for K-12 high-speed connectivity provides them with unique knowledge and experience that will improve administration of the comparable program for California libraries.
“This is a great partnership that will help advance one of the Newsom Administration’s key goals – expanding access to opportunity for all Californians,” said Greg Lucas, California State Librarian. Imperial County Office of Education understands the essential role libraries play as community anchor institutions and how critical this infrastructure is for the communities they serve.” ICOE Background:
Since 2004, the Imperial County Office of Education has successfully managed the California K-12 HighSpeed Network, connecting more than 8,240 of California’s roughly 10,000 schools to the statewide highspeed broadband network operated by the Corporation for Education Network Initiatives in California, which is known as CENIC. This is the same network that connects the University of California, California state universities, community colleges and more than 900 of the state’s 1,130 local libraries.
For more than 20 years, the Imperial County Office of Education has operated as the network administrator for Imperial Valley Telecommunications Authority, connecting various city and county agencies, schools, and all of Imperial County’s public libraries to their regional infrastructure, which also connects to CENIC’s statewide network. This extensive experience positions them well to administer the State Library’s broadband access efforts and builds upon the county office’s existing statewide and regional work.
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Because it plays a similar role statewide for the K-12 segment, Imperial County Office of Education is already familiar with the responsibilities of being an aggregator for a large group of disparate entities.
The county office’s work with K-12 schools include contract management, budgeting, invoicing, inventory, program development, data collection, reporting, outreach, and other functions that closely align with the role of the State Library’s aggregator.
Imperial County’s office of education also manages K-12’s annual legislative appropriations, acts as a fiscal agent, participates in project planning, and is deeply involved in program development, working hand-in-hand with CENIC, K-12 stakeholders, the California Department of Education, the Legislature, and the Department of Finance.
Broadband Program Background:
As a Charter Associate of CENIC, the California State Library offers all public libraries in California the opportunity to connect to CENIC’s high-speed network and obtain fast, reliable, low-cost broadband access to their communities via one of the world’s premier educational broadband networks.
To better accomplish this, partners with an aggregator which works with California public libraries connected, or seeking to connect, to the CENICnetwork, and when necessary, provides consulting, project planning, implementation, and evaluation services.
Questions can be directed to [email protected].
# END RELEASE TEXT #
About the State Library: Established in 1850, the California State Library is the central reference and research library for state government and the legislature. The library collection includes more than 4 million titles, 6,000 maps and 250,000 photographs, and includes an extensive collection of documents from and about the state’s rich history.
In addition to acting as a steward of California’s history, the State Library supports programs and initiatives in California’s local libraries through partnerships and services. The Library has partnered with California State Parks to offer free Parks Passes in public libraries for checkout and with the Dolly Parton Imagination Library to bring every California child under the age of 5 books. The Library supports a variety of workforce development and upskilling resources for all Californians through CAreer pathways in their local public libraries, and building a statewide eBook library with diverse titles in 20+ languages. 1217
1218
1219
9 30 2024
1220
I.T. – RELATED PURCHASES AUTHORIZATION
Form must be fully completed and signed prior to information technology related purchases Date ___________
Requested Vendor _______________________________________________ V# _____________ Vendor Address ________________________________________________________________ ________________________________________________________________ Contact Person ________________________________________________________________ Email Address ________________________________________________________________ Phone No ( ______ ) ____________________ Fax # __________________________ Quantity Item Unit Price Total
_____ ___________________________________ $ ________ $ ________ _____ ___________________________________ $ ________ $ ________ _____ ___________________________________ $ ________ $ ________ Total $________
Purpose
This section must be completed with respective price quote(s) included with form:
_______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ Requested by
________________________ ________________________
Department Head IT Director
________________________ ________________________
Approval Date Approval Date
Information Technology Related – Purchase Form – Rev 5-2016 8/3/2024 Imperial County Office of Education 1398 Sperber Road El Centro, CA 92243 Luis Wong [email protected] 3 yr 3yr CENIC E-rate broadband Taxes and fees (est.) 878.04 2634.12 135.00 405.00 3039.12 ICOE facilitates access to the CENIC high speed broadband network, CalREN. They are the official 'aggregator' for the State of California, working with the California State Library, and all contracts and payments now go through ICOE. 8/14/2024 Kate Eppler Digitally signed by Kate Eppler DN: cn=Kate Eppler, o=City of Richmond,
ou=Richmond Public Library,
[email protected], c=US
Date: 2024.08.14 11:03:53 -07'00'
Sue
Hartman
Digitally signed
by Sue Hartman
Date: 2024.08.14
11:23:17 -07'00'
1221
ADA (American with Disabilities Act) Compliance
Access and Accommodation
Compliance with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973: In order to improve accessibility of existing technology and therefore increase the successful employment of individuals with disabilities, particularly blind and visually impaired, deaf and hard-of-hearing persons please answer the following questions:
Is this item ADA Compliant? Yes __________ No_________
If NO, please answer the following questions:
Will this item be used by the public? Yes ________ No _________ Can other vendors provide an ADA compliant product? Explain Will this item be used by City employees? Yes ________ No _________ Categories for Information Technology (IT) Product
• Software applications and operating systems
• Web-based information and applications
• Telecommunications products
• Video and multimedia products
• Desktop and portable computers
• End user hardware
Examples of Information Technology (IT) Products
• World Wide Web
• Scanners
• Printers
• Copiers
• PDAs
• Computers
• Computer Software
• Computer Operating Systems
• Phones
• Apps
• Information Kiosks
• ATMs
• Multimedia
• Videos
• Fax Machines
X
1222
November 19, 2024
Mayor's Office
DATE: November 19, 2024
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Veterans Day Proclamation 2024
FINANCIAL IMPACT: None
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
This is a proclamation honoring the Veterans Resource
Program and all veterans on November 11, 2024,
Veterans Day.
RECOMMENDED ACTION: PROCLAMATION honoring the Veterans Resource Program and all veterans on November 11, 2024,
Veterans Day – Mayor Eduardo Martinez (510-620-
6503).
DISCUSSION:
AGENDA
REPORT
1223
November 19, 2024
On Veterans Day 2024, we honor the Veterans Resource Program (VRP) and many Richmond residents and employees who have served in the Armed Forces of the United States of America.
Rhonda F. Harris, a California State Army Military Reserve Sergeant, founded the VRP in 2011 in honor of her late father, Harry L. Williams, a wounded Korean War Army Veteran. The VRP assists veterans with housing, applying for benefits, and higher educational opportunities to help them transition back into society through gainful employment.
DOCUMENTS ATTACHED:
Attachment 1 – Proclamation honoring the Veterans Resource Program and all veterans on November 11, 2024, Veterans Day.
1224
HONORING THE VETERANS RESOURCE PROGRAM AND ALL
VETERANS ON NOVEMBER 11, VETERANS DAY 2024
WHEREAS, at the 11th hour on the 11th day of the 11th month of 1918, Germany signed an armistice agreement with the United States of America and its allies to end World War I; and
WHEREAS, in 1938, the United States Congress declared the 11th of November in each year a legal holiday to be dedicated to the cause of world peace celebrated as “Armistice Day” to honor veterans of World War I; and
WHEREAS, in 1954, Congress recognized all American Armed Forces by changing “Armistice Day” to “Veterans Day”; and
WHEREAS, Rhonda F. Harris, a California State Army Military Reserve Sergeant, founded The Veterans Resource Program in 2011 in honor of her late father, Harry L.
Williams, a wounded Korean War Army Veteran; and
WHEREAS, the Veterans Resource Program was founded to assist veterans with housing, applying for benefits, and higher educational opportunities to help them transition back into society through gainful employment; and WHEREAS, the Veterans Resource Program owns a fully furnished home in Richmond, California, which provides housing to veterans of all branches who may need short or long-term accommodations; and
WHEREAS, to meet VRP’s expansion goals, in 2018 Harris led the initiative to acquire 2.3 acres of land in Richmond to develop a 268-unit housing campus for veterans. The property will service three levels of care: transitional and supported housing for veterans experiencing immediate homelessness, permanent independent living with support services, and assisted living; and
WHEREAS, the Richmond City Council recognizes that Veterans Day is a celebration intended to honor those who have served in the Armed Forces of the United States of America for their patriotism, love of country, and willingness to serve and sacrifice for the common good and has designated Veterans Day as an official City of Richmond holiday; and
WHEREAS, many residents of Richmond and City of Richmond employees have served in the Armed Forces of the United States of America.
NOW THEREFORE, BE IT RESOLVED: On Veterans Day 2024, we honor the Veterans Resource Program and the many Richmond employees and residents who have served in the Armed Forces of the United States of America. 1225
November 19, 2024
Mayor's Office
DATE: November 19, 2024
TO: Members of the City Council
FROM: Mayor Martinez
Subject: Green Empowerment Zone Resolution
FINANCIAL IMPACT: None
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
The Green Empowerment Zone (GEZ) has recently
expanded to include the City of Richmond, following a
vote by the GEZ Board of Directors on February 16,
2024. This expansion offers Richmond an opportunity to
participate in a regional initiative aimed at enhancing the renewable energy sector through access to tax
incentives, grants, and workforce development programs.
However, formal acceptance of this invitation requires the City Council to adopt a resolution and appoint a
representative to the GEZ Board of Directors. This
decision will enable Richmond to leverage the benefits of the GEZ and contribute to the regional clean energy
goals, necessitating timely action to ensure full
participation and representation.
AGENDA
REPORT
1226
November 19, 2024
RECOMMENDED ACTION: ADOPT a resolution regarding the City of Richmond’s intent to participate in the Green Empowerment Zone and APPOINT Councilmember Robinson as the City’s
representative for a two (2) year term – Office of the
Mayor (Mayor Martinez 510-621-1275)
DISCUSSION:
Background
On September 28, 2021, Assembly Bill (AB) 844, authored by California State Assemblymember Tim Grayson, was signed into law. This legislation established the Green Empowerment Zone (GEZ) for the Northern Waterfront area of Contra Costa County, as Chapter 34, Division 7 of Title 1 of the Government Code. The GEZ, effective until January 1, 2028, initially encompassed the cities of Antioch, Benicia, Brentwood, Concord, Hercules, Martinez, Oakley, Pittsburg, Vallejo, and the unincorporated areas of Contra Costa County north of State Highway 4. The primary intent of the GEZ is to foster economic growth within the renewable energy sector by prioritizing access to tax incentives, grants, loan programs, workforce training, and private sector investment.
The governing structure of the GEZ is defined by a 40-member board of directors, which includes seven stakeholder groups with allocated voting representatives. These groups and their respective voting representatives are as follows:
Local government - 10 representatives
Large employers - 5 representatives
State government - 5 representatives
Small business & economic development - 5 representatives Universities, laboratories & foundations with green energy expertise - 5 representatives
Private sector organized labor organizations - 5 representatives Workforce development, public & private educational entities - 5 representatives Each city and the county are entitled to select one representative to serve a two-year term on the board of directors. An executive board consisting of the chair, two deputy chairs, and up to seven additional members will oversee the GEZ’s strategic initiatives.
The GEZ is tasked with several responsibilities, including:
1. Identifying projects and programs that effectively utilize public funds to enhance the economic vitality of the clean energy economy.
2. Collaborating with state and federal officials to secure necessary federal support.
3. Partnering with research institutions and private foundations to support relevant studies in the energy sector.
1227
November 19, 2024
4. Reviewing state policies and regulations to propose more cost-effective alternatives if needed.
5. Making recommendations to the Governor to improve regional economic wellbeing and quality of life.
6. Creating and maintaining a website managed by a designated entity.
Discussion
On February 16, 2024, the GEZ Board of Directors voted to expand the Zone’s geography to include the City of Richmond. This decision recognizes Richmond’s potential contributions to the regional clean energy efforts and provides the city with access to the benefits of the GEZ, including tax incentives, grants, and workforce development opportunities.
Recommendation
City staff recommends that the City Council adopt a resolution to accept the invitation to join the Green Empowerment Zone and appoint Councilmember Robinson as the representative from Richmond to serve on the Green Empowerment Zone Board of Directors.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Green Empowerment Zone Invitation Letter 1228
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND
AUTHORIZING THE CITY TO PARTICIPATE IN THE GREEN EMPOWERMENT
ZONE FOR THE NORTHERN WATERFRONT AREA OF THE COUNTY OF
CONTRA COSTA
WHEREAS, Assembly Bill 844 authorized the establishment of the Green Empowerment Zone for the Northern Waterfront area of Contra Costa County; and WHEREAS, the purpose of the Green Empowerment Zone is to build upon the comparative advantage provided by the regional concentration of highly skilled energy industry workers by prioritizing access to tax incentives, grants, loan programs, workforce training programs, and private investment in the renewable energy sector; and WHEREAS, Government Code section 7599.100 authorizes the cities of Antioch, Benicia, Brentwood, Concord, Hercules, Martinez, Oakley, Pittsburg, and Vallejo to participate in the Green Empowerment Zone upon the adoption of a resolution by the legislative body of each city.
WHEREAS, the Green Empowment Zone Board of Directors, may, by majority change the geography of the Green Empowerment Zone; and WHEREAS, on February 16, 2024, the Green Empowerment Zone Board of Directors voted to change the geography of the Green Empowerment Zone to include the City of Richmond; and
WHEREAS, AB 844 defines the Zone’s governing structure as a 40 member board of directors with seven stakeholders entities serving as voting directors, the largest of which is the local government stakeholder group; and
WHEREAS, there is currently one (1) full-term 2 year vacancy on the Green Empowerment Zone Board of Directors; and
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond authorizes the City of Richmond to participate in the Green Empowerment Zone.
BE IT FURTHER RESOLVED, that the Council of the City of Richmond approves the appointment of Yahna Williamson to a two-year term as the City’s representative on the Green Empowerment Zone Board of Directors, pursuant to Government Code 7599.101(b)(1). 1229
*****************************
(This section to be completed by Clerk’s Office)
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ meeting held on _____________ by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney
1230
John Gioia (say “Joy-a”)
District One
Board of Supervisors
Contra
Costa
County
11780 San Pablo Avenue, Suite D
El Cerrito, CA 94530
Phone: (510) 231-8686
Fax: (510) 374-3429
Email: [email protected] ● Website: www.cocobos.org/gioia EAST RICHMOND HEIGHTS ◊ EL CERRITO ◊ EL SOBRANTE ◊ KENSINGTON ◊ MONTALVIN MANOR NORTH RICHMOND ◊ PINOLE ◊ RICHMOND ◊ ROLLINGWOOD ◊ SAN PABLO ◊ TARA HILLS Shasa Curl, City Manager
450 Civic Center Plaza
Richmond, CA 94804
March 25, 2024
Dear Ms. Curl,
This letter is an invitation to the City of Richmond to participate in the Green Empowerment Zone (GEZ) for the Northern Waterfront Area of the County of Contra Costa as established by Assembly Bill 844.
The geography of the GEZ extends to the territories of the cities of Antioch, Benicia, Brentwood, Concord, Hercules, Martinez, Oakley, Pittsburg, and Vallejo, and the unincorporated areas of the County of Contra Costa north of State Highway 4. The board of directors may, by majority vote, change the geography of the Green Empowerment Zone. On February 16, 2024, the Green Empowerment Zone Board of Directors voted to change the geography of the Green Empowerment Zone to include the City of Richmond.
The purpose of the Green Empowerment Zone is to build upon the comparative advantage provided by the regional concentration of highly skilled energy industry workers by prioritizing access to tax incentives, grants, loan programs, workforce training programs, and private investment in the renewable energy sector.
Please direct a copy of your adopted resolution expressing your intent to participate in the GEZ with the name of the appointed representative to participate in the Governing Board to Alyson Greenlee, [email protected]. If you have any questions, please call 925-655- 2783.
Sincerely,
John Gioia
District 1
Board of Supervisors
1231
November 19, 2024
Department
DATE: November 19, 2024
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Appointment of Isabel C. Ramos Zaragoza to the Richmond Human Rights and Human Relations
Commission
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
Isabel C. Ramos Zaragoza is applying for a vacant seat
on the Richmond Human Rights and Human Relations
Commission. Isabel would be filling a term that was
formerly vacated; thus, she would be filling an unexpired term.
RECOMMENDED ACTION: APPOINT Isabel C. Ramos Zaragoza to the Richmond Human Rights and Human Relations Commission with a
term that expires March 30, 2025 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
DISCUSSION: Isabel C. Ramos Zaragoza will graduate from San Francisco State University in 2025 with a Bachelor's in Latino/Studies and a Minor in Political Sciences.
She currently works as a bilingual administrator at an immigration services firm. Isabel's AGENDA
REPORT
1232
November 19, 2024
knowledge and commitment to promoting an equitable community where every member of Richmond is treated with respect regardless of gender, immigration status, or economic status make her highly qualified for appointment to this commission.
DOCUMENTS ATTACHED:
Attachment 1 –Isabel C. Ramos Zaragoza redacted application 1233
1234
November 19, 2024
Mayor's Office
DATE: November 19, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Correction to Term Expiration Date
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
October 15, 2024
STATEMENT OF THE
ISSUE:
John Dupin’s current term expiration date on the Contra Costa Mosquito and Vector Control Board is January 6,
2029, but needs to be amended to October 18, 2028.
RECOMMENDED ACTION: AMEND the expiration date for John Dupin’s current term on the Contra Costa Mosquito and Vector Control Board
from January 6, 2029, to the correct date of October 18, 2028 – Mayor’s Office (Mayor Eduardo Martinez 510-620-
6503).
AGENDA
REPORT
1235
November 19, 2024
DISCUSSION:
Mr. Dupin’s term expiration date for the Contra Costa Mosquito and Vector Control Board was incorrectly listed on the agenda and approved as January 6, 2029, at October 15, 2024, city council meeting. After consultation with Contra Costa County, it was requested that the mayor’s office amend the current term expiration to the correct date of October 18, 2028.
DOCUMENTS ATTACHED:
NA
1236
November 19, 2024
Department
DATE: November 19, 2024
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Appointment of Andrew Brosnan to the Urban Forest Advisory Committee.
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
Andrew Brosnan is applying for a vacant seat on the
Urban Forest Advisory Committee.
RECOMMENDED ACTION: APPOINT Andrew Brosnan to the Urban Forest Advisory Committee with a term that expires on November 17,
2025 – Mayor’s Office (Mayor Eduardo Martinez 510-
620-6503).
DISCUSSION: Andrew Brosnan has vast knowledge of California native plants, working in the California Native Plant Nursery and training at the UC Berkeley Botanical AGENDA
REPORT
1237
November 19, 2024
Gardens. Andrew has worked to help create a resilient natural environment to help Richmond mitigate climate change and improve the landscape for Richmond residents.
DOCUMENTS ATTACHED:
Attachment 1 – Andrew Brosnan’s redacted application.
1238
1239
November 19, 2024
Mayor's Office
DATE: November 19, 2024
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Community Police Review Commission Appointment FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
Sarah Shwaika is applying for a vacant seat on the
Community Police Review Commission.
RECOMMENDED ACTION: APPOINT Sarah Shwaika to the Community Police Review Commission for a term that expires November 1,
2027 - Mayor’s Office (Mayor Eduardo Martinez 510-620-
6503).
DISCUSSION:
Sarah Shwaika brings a thoughtful and practical perspective to the Community Police Review Commission. As a parent of an elementary school student in Richmond and a AGENDA
REPORT
1240
November 19, 2024
small business owner, she understands the needs and concerns of the community. Her commitment to a safe, connected Richmond makes her a strong advocate for fair and accountable policing practices, adding a valuable voice to the commission’s work.
DOCUMENTS ATTACHED:
Attachment 1 – Sarah Shwaika redacted application to the Community Police Review Commission
1241
1242
November 19, 2024
Department
DATE: November 19, 2024
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Reappointment of Rachel Lorber to the Community Police Review Commission
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
Rachel Lorber is reapplying to serve on the Community
Police Review Commission.
RECOMMENDED ACTION: REAPPOINT Rachel Lorber to the Community Police Review Commission with a term that expires November
1, 2027 - Mayor’s Office (Mayor Eduardo Martinez 510-
620-6503).
DISCUSSION: Rachel Lorber has extensive experience and knowledge of the law. She holds a B.S. in Sociology with a concentration in Criminal Justice and a Juris Doctor from UCLA School of Law. Additionally, Rachel also works as a Public Defender.
AGENDA
REPORT
1243
November 19, 2024
DOCUMENTS ATTACHED:
Attachment 1 –Rachel Lorber’s redacted application
1244
1245
November 19, 2024
Police Department
DATE: November 19, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Bisa French, Chief of Police
Subject: Approve a Three-year Contract with Sharjo, LLC dba ServiceMaster Restoration Services
FINANCIAL IMPACT: The estimated first-year expenditure of $15,000 will come from the Richmond Police Department approved Fiscal
Year 2024-2025 budget, with remaining contract years
budgeted appropriately (Account string 01191021-
400538)
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
The City of Richmond Police Department is seeking a 3-
year contract with Sharjo, LLC dba ServiceMaster
Restoration Services, a cleaning and biohazardous
material cleanup service. ServiceMaster offers these
services for various City locations and crime scenes.
RECOMMENDED ACTION: APPROVE a three-year contract with Sharjo, LLC dba ServiceMaster Restoration Services for routine cleaning and on-call biohazard cleanup services in an amount not to exceed $45,000, effective November 20, 2024, through November 19, 2027, with two one-year extension options
and not to exceed amount of $30,000 for the total
extended term - Police Department (Chief Bisa French
621-1802).
AGENDA
REPORT
1246
November 19, 2024
DISCUSSION:
The Richmond Police Department is seeking a contract with Sharjo, LLC dba ServiceMaster Restoration Services to ensure that our community is served with effective and timely crime scene cleaning. ServiceMaster has extensive knowledge of regulatory guidelines for biohazard cleanup. Their expertise ensures that all cleaning procedures comply with local, state, and federal laws, protecting the city from potential legal liabilities.
ServiceMaster offers a broad array of services beyond crime scene cleaning, including trauma abatement and hazardous waste disposal. This versatility allows the Police Department to depend on a single provider for multiple needs, thereby streamlining operations and improving efficiency.
Biohazardous Management Services:
Trauma Abatement Cleaning and Restoration
Blood Removal • Drug Paraphernalia Removal
Death Scene Remediation
Crime Scene Cleaning and Restoration
Tear Gas Contamination
Clandestine Meth Lab Cleaning and Restoration
Hoarding Cleanup
Deodorization Services
Biohazard Cleaning
Partnering with ServiceMaster Restoration Services, a company with 38 years of experience and a robust infrastructure, will provide dedicated resources to handle these sensitive situations effectively.
ServiceMaster will allocate a minimum of two crew members specifically for the Police Department, with over 20 additional staff available as needed. Their Benicia and Concord branches are equipped with the necessary tools, supplies, and expertise to respond promptly to any requests, ensuring a professional and timely cleanup. This capability is vital not only for public safety but also for maintaining the integrity of ongoing investigations.
Furthermore, if additional resources are needed, ServiceMaster can easily draw from their multiple branches across the Bay Area, ensuring comprehensive support. By securing this contract, the Richmond Police Department will enhance its operational efficiency and commitment to creating a safe environment for our community.
The Police Department is requesting approval of a three-year contract with Sharjo, LLC dba ServiceMaster Restoration Services to manage routine cleaning services and community and crime scene cleanups, in an amount not to exceed $45,000 over three years, with two, one year extensions for a total of $30,000 (Attachment 1). 1247
November 19, 2024
BACKGROUND:
In July 2024, the Richmond Police Department issued a Request for Proposal (RFP) for Cleaning and Biohazardous Waste Cleanup Services. During the evaluations of the proposals, staff considered three factors delineated below (Attachment 2):
Qualifications and Experience
Cost
Scope of Services
Five proposals were received, Sharjo, LLC dba ServiceMaster Restoration Services (the incumbent), Diablo Crime Scene Cleaners, Inc., Hunter Consulting Inc., Patriot Environment Services. Inc., and Steri-Clean East Bay (Attachment 3). A board of two raters convened to review and evaluate the submissions. Their scores were averaged and Sharjo, LLC dba ServiceMaster Restoration Services emerged as the top scorer due to their demonstrated competence spread over several benchmarks as noted below (Attachment 4):
DOCUMENTS ATTACHED:
Attachment 1 – Standard Contract
Attachment 2 – Request for Proposal (RFP)
Attachment 3 – Bid Summary
Attachment 4 – Sharjo, LLC dba ServiceMaster Restoration Services Proposal 1248
CITY OF RICHMOND
STANDARD CONTRACT
Department: City Project Manager:
City Project Manager E-mail: City 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:
☐ A California corporation, ☐ limited liability corporation ☐ general partnership, ☐ limited partnership, ☐ individual, ☐ non-profit corporation, ☐ individual dba as [specify:] ____________________ ☐ other [specify:] _______________________________
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 the Service Plan set forth in Exhibit A, attached hereto and incorporated herein.
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.
Police Captain John Lopez [email protected]
Cleaning services and biohazardous waste cleanup service Sharjo, LLC dba ServiceMaster Restoration Services 5451 Industrial Way Benicia, CA, 94510 Andy Dobbs (415) 336-6258 [email protected] 4004-9388 November 20, 2024 November 19, 2027 45,000.00 1249
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. Sanctuary City Compliance Statement. This Contract is subject to the Sanctuary City Compliance Statement (Exhibit G), which is attached hereto and incorporated herein.
11. 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: ________________________
Date Signed: _________________
By: ___________________________
Title: Chief Operating Officer______
Date Signed: ___________________
I hereby certify that this Contract (* The Corporation Chief Financial Officer or Assistant has been approved by City Council Treasurer, or Secretary or Assistant Secretary should or the City Manager. sign below)
By: _________________________ By: ___________________________ City Clerk Title: __________________________
Date Signed: ____________________
Approved as to form:
(NOTE: Pursuant to California Corporations Code Section By: _________________________ 313, if Contractor is a corporation or nonprofit organization, City Attorney this Contract (1) must be signed by (a) the Chairperson of the Board, President, or Vice-President and (b) the
Chief Financial Officer or Assistant Treasurer, or
Secretary or Assistant Secretary)
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
Sharjo, LLC dba ServiceMaster Restoration Services
1250
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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]:
Sharjo, LLC dba ServiceMaster Restoration Serv
Sharjo, LLC dba ServiceMaster Restoration Services shall provide the City of Richmond's Police Department and other city departments with comprehensive cleaning services, including specialized biohazardous waste cleanup and removal, and marijuana destruction (with a court order), ensuring a clean, safe, and sanitary environment in police facilities, city buildings, public spaces/dwellings, and private residences/businesses.
In addition to the services outlined above, ServiceMaster, a full-service 24/7/365 emergency restoration company, will respond to any service request within four hours. ServiceMaster is also equipped to offer additional services as needed by the City of Richmond's Police Department or any other city departments, including fire, smoke, water, and flood damage remediation; sewer overflow cleanup; mold removal; homeless encampment abatement; viral/infectious disease disinfection; and natural disaster recovery.
The City's total payments shall not exceed $45,000 for a three-year service term, with two one-year extensions available upon mutual agreement.
Detailed terms, conditions, and service requirements will be outlined in the attached Request for Proposal (RFP) and Bid Submission documents, which include the full scope of services, responsibilities, and associated terms, attached hereto as Exhibit H and Exhibit I, respectively. 1251
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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, photocopying, 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.
a. 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.
b. 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.
4. 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.
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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; or (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
450 Civic Center Plaza
Richmond, CA 94804
Email: ________________________________________________
5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:
Attn:
Email: ________________________________________________ Captain John Lopez [email protected] Sharjo, LLC dba ServiceMaster Restoration Serv Sharjo, LLC dba ServiceMaster Restoration Services 5451 Industrial Way Benicia, CA, 94510 [email protected] Andy Dobbs 1253
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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 except 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 to 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, Sharjo, LLC dba ServiceMaster Restoration Serv
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disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political 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 to 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.
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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.
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 circumstances 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 Sharjo, LLC dba ServiceMaster Restoration Serv
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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 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 Sharjo, LLC dba ServiceMaster Restoration Serv
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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 jointventure 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 Contractor shall submit a written request for consent to add subcontractors 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 Sharjo, LLC dba ServiceMaster Restoration Serv
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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, 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.
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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 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 Sharjo, LLC dba ServiceMaster Restoration Serv
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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 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, Sharjo, LLC dba ServiceMaster Restoration Serv
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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 United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G.
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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.
1. CERTIFICATES: 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 coverage requirements set forth by the City and incorporated herein.
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 set forth in Exhibit C prior to 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.
2. COVERAGE REQUIREMENTS: The City’s insurance requirements depend upon the type of service being provided and/or the provider. The City’s insurance requirements will fall into one of the following categories (unless otherwise provided by the City):
Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
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The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.
3. 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.
4. 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.
INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
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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 (hereafter "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”). Contractor understands the meaning of the following 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 variety of sources for the purposes of reselling such information to their customers, which 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 ultimately used.
b. “Extreme 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 Contract 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 entity 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:
Francisco Vega Chief Operating Officer
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Request for Proposal (RFP)
Cleaning Services and
Biohazardous Waste Cleanup
Release Date:
July 01, 2024
Deadline for Submittal:
July 22, 2024
City of Richmond
Police Department
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INTRODUCTION
The City of Richmond’s Police Department is soliciting proposals from qualified cleaning vendors to provide comprehensive cleaning services, specialized biohazardous waste cleanup and removal services, and perform marijuana destruction (with a court order).
The objective of this RFP is to ensure a clean, safe, and sanitary environment in the Police Department facility and public spaces, adhering to the highest standards of public health and safety.
This request for proposal (RFP) outlines the requirements and expectations for the services needed. Proposers are required to read and understand all the information contained within this entire Proposal package.
PROJECT BACKGROUND / DESCRIPTION
The City of Richmond Police Department is maintaining its facility in pristine condition to enhance the quality of life for its residents, employees, and visitors. This includes routine cleaning, maintenance, and the proper handling and disposal of biohazardous materials, which require specialized expertise and procedures. The scope of service through this RFP includes regular cleaning operations, deep cleaning tasks, and the safe removal and disposal of biohazardous waste in compliance with local, state, and federal laws and regulations.
The term of this service contract will be for one (1) year with an anticipated amount for this contract of $10,000 and an option to renew for two (2) additional years by means of a mutual agreement of both parties.
PROPOSAL REQUIREMENTS
The proposal should be concise, well organized, and demonstrate the proposer’s qualifications and experience applicable to the Project. It should be straightforward and provide “layman” explanations of the technical and legal terms used.
All proposals will be scored as follows and the criteria upon which the evaluation of the proposals will be based include but are not limited to the following.
All contractors will be required to be Livescan and/or participate in a background check to be conducted by the Police Department. Any contractor that does not meet or clear the background check will be forbidden from participating in the scope of work.
Contractors shall be required to be on call 24/7/365 and must be able to respond within 4 hours of the call out.
A. Qualifications and Experience (35 points)
a) Provide a brief description and overview of the company. b) Description of experience with similar projects.
c) Description of cleaning processes and techniques and how regulatory compliance and safety standards are met
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e) Provide relevant licenses, permits, endorsements, certifications, and insurance details.
f) Detailed approach to delivering the services outlined in the Scope of Work. g) Quality control measures and reporting mechanisms.
Compliance with safety and regulatory requirements
h) Follow all precautions and safety regulations as outlined by the Department of Industrial Relations (DIR) and Occupational Safety & Health Administration (OSHA).
i) Cannot use any banned chemicals or cleaning agents as defined by the Food and Drug Administration (FDA).
j) All biohazard waste handling, clean-up, and disposal work by Contractor shall be done according to the California Department of Public Health protocol and procedures, OSHA Standards, City of Richmond standards and laws, and any other applicable local, state, and federal laws and regulations.
B. Cost (30 points)
Provide a detailed breakdown of costs, including but not limited to:
a) Cleaning and Biohazard Cleaning Services:
• Hourly rate or fixed price per square foot
• Cost of supplies, equipment, and protective gear
• Specific tasks included in cleaning
• Procedures for handling and disposing of biohazard materials • Any additional fees or charges
b) Emergency Response Services:
• Hourly rate or fixed price per incident
• Response time guarantees
• Any additional fees or charges
C. Scope of Services (35 Points)
This scope of work establishes the minimum requirements for providing regular cleaning and disinfecting services and biohazardous material clean-up and removal services.
a) Clean and disinfect the Police Department gym, bunk house, and temporary holding facilities.
b) Clean and disinfect Police Department vehicles.
c) May be required to clean and disinfect other facilities in the Police Department on an as-needed basis, such as the Crime Scene Tech Room, Property Room, etc.
d) Follow protocol for properly cleaning, disinfecting, and sanitizing crime scenes, including bodily fluids and controlled substances. Crime scenes may include residential areas, commercial areas, vehicles, and open-air public and private areas within the City of Richmond.
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e) Remove and properly dispose of biohazardous waste. Biohazard waste cleanup must include, but not limited to, the removal of feces, urine, drug paraphernalia, sharps, clothing, sewage discharge, vomit, and blood. f) Respond to crime scenes, traffic collisions, jails, City buildings, City property, and City vehicles to completely remove all biohazards, erase all stains, disinfect the scene and properly dispose of solid waste or solid biohazards. g) Marijuana destruction (with a court order).
h) Contractor must keep a Record of Destruction log to include (but not limited to) the date, time, substance, name, signature, and location of destruction or disposal/quantity, etc. that will be submitted to the Police Department monthly.
i) Contractor must photograph each site before and after cleaning and provide an electronic copy [e.g. .pdf or .jpg] of each photograph and location to the City of Richmond Police Department.
EVALUATION AND SELECTION PROCESS
All proposals shall be reviewed to verify that the Proposer has met the minimum requirements. Proposals that have not complied with requirements do not meet minimum content and quality standards or make unacceptable exceptions to the General Terms and Conditions of the Service Agreement, will be eliminated from further consideration. Proposals will be reviewed and evaluated by an evaluation committee comprised of City of Richmond personnel.
A. Contractor Assignment of Sub-Contract
The resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the Police Department. If Offerors intend to subcontract any portion of the resulting contract, they must describe their process for selecting such subcontractor(s) and the quality control measures that the Offeror will employ to ensure that any subcontractor complies with the provisions of Offeror’s contract with the Department.
B. Exceptions to this Request for Proposals
The proposer shall state whether it takes exception(s) to this RFP, including but not limited to the City of Richmond’s Standard Services Agreement – RFP (Attachment 1).
If the proposer does take exception(s) to any portion of the RFP or contract, the specific portion to which exception(s) is taken must be identified by section number and explained. Requests for changes or additions to sections of the City of Richmond’s Standard Services Agreement must be made by requesting deletion of specific words and/or by providing the newly requested contract language. Requests for complete replacement of the City of Richmond’s Standard Services Agreement for another contract will not be granted. Failure to make exceptions to the RFP or Standard Services Agreement within the proposal will be deemed a waiver of any objection. Exceptions will be considered during the proposal evaluation process.
C. Statement of Impartiality and Disclosure
This proposal shall include a statement declaring that the proposer and sub-consultants are not currently, and will not, during the performance of these services, participate in any other similar work involving a third party with interests currently in conflict or likely to conflict with the City of Richmond’s interests. Additionally, the proposer is required to 1270
disclose any pending or active investigations or litigation that may affect the reputation or ability of the proposer to carry out the Project.
PROCESS FOR SUBMITTING PROPOSALS
Questions Concerning Request for Proposals
Please do not contact staff directly regarding this Proposal as they will not be answered.
All questions must be submitted via the electronic BidsOnline system on the Q&A tab by 5:00 pm PST, on July 15, 2024. If the City finds it necessary to issue an addendum, prospective Offerors will receive an e-mail notification of the addendum.
Otherwise, answers to questions received will be provided on the Q&A tab as soon as practical. It is the proposer’s responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/ bids for any possible Addenda to the RFP that may have been posted.
Any party submitting a proposal shall not contact or lobby any City Council member, City official, employee (except those specified for contact), or agent regarding the RFP. Any party attempting to influence or circumvent the RFP, bid submittal, and review process may have their proposal rejected for violating this provision of the RFP.
Interested parties may download copies of the above-mentioned proposal by visiting the City's website, to download the RFP, new vendors will be required to register. Once the vendor downloads any documents relative to a solicitation, that vendor's name will appear on the Prospective Bidders list for that project and will receive any addenda or notifications relating to the RFP.
Submission of Proposals
Please submit your proposal via the City of Richmond's BidsOnline system. Proposals submitted by facsimile or e-mail are not acceptable and will not be considered.
The proposal and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the proposer.
Proposer is responsible for submitting its entire proposal package with all required submittal documents and any modifications or revisions to the Bidsonline system before the deadline. Any proposal, modification, or revision received by the City of Richmond after the exact time specified for receipt of proposals is “late” and will may be considered.
The City of Richmond reserves the right to waive inconsequential irregularities.
GENERAL GUIDELINES
This RFP does not commit the City of Richmond to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work. The City of Richmond may reject a proposal without providing the reason(s) underlying the declination. A failure to award a contract to the proposer with the lowest cost proposal shall not constitute a valid cause of action against the City of Richmond.
The City shall not be responsible for work done, even in good faith, prior to final approval of the proposed contract. The City may investigate the qualifications of any respondent 1271
under consideration, require confirmation of information furnished by the respondent, and require additional evidence or qualifications to perform the Services described in this RFP.
The City reserves the right to:
1. Reject any or all proposals.
2. Issue subsequent Requests for Proposal.
3. Postpone opening for its own convenience.
4. Remedy technical errors in the Request for Proposal process.
5. Negotiate with any, all, or none of the Proposer.
6. Solicit best and final offers from all or some of the Proposer.
7. Select one or more Proposer.
8. Accept other than the lowest proposed fees.
9. Waive informalities and irregularities in proposals.
Public Records
All proposals submitted in response to this RFP become the property of the City of Richmond and public records and, as such, may be subject to public review. Documents protected by law from public disclosure will not be disclosed by the City of Richmond if clearly marked with the word "confidential" on each applicable page. Trade secrets may be marked as confidential only to the extent they meet the requirements of California Government Code section 6254.7. Only information claimed to be a trade secret at the time of submittal to the City of Richmond and marked as "confidential" will be treated as a trade secret.
Insurance Requirements
The City of Richmond requires consultants doing business with it to obtain insurance.
The Proposer will also be required to maintain the necessary insurance, including general liability and automotive insurance with all necessary endorsements/exclusions and provide an updated COI insurance once expired.
Business Licenses
The successful Contractor and all subcontractors used in the work will be required to hold and obtain a City of Richmond business license that is renewed annually. Please check the City of Richmond website for business license fees and requirements.
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.
Collusion
By submitting a proposal, each respondent represents and warrants that its proposal is genuine and not false or collusive or made in the interest of, or on behalf of any person not named therein; that the respondent has not directly or indirectly induced or solicited any other person to submit a false proposal, or any other person to refrain from 1272
submitting a proposal; and that the respondent has not, in any manner, sought collusion to secure any improper advantage over any other person submitting a proposal.
Withdrawal of Proposals
A Proposer may withdraw their proposal before the expiration of the time for submission of proposals by delivering to the Finance Department a written request for withdrawal signed by, or on behalf of, the respondent.
Ownership of Documents
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials produced for the Project shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part for the Project shall be subject to private use, copyrights, or patent rights by Respondent in the United States or in any other country without the express written consent of the City. The City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright, or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced for this project.
PROPOSAL EVALUATION AND SELECTION PROCESS
All proposals shall be reviewed to verify that the Proposer has met the minimum requirements. Proposals that have not complied with requirements do not meet minimum content and quality standards, or make unacceptable exceptions to the General Terms and Conditions of the Service Agreement, will be eliminated from further consideration.
Proposals will be reviewed and evaluated by an evaluation committee comprised of City of Richmond personnel.
The City reserves the right to reject any or all proposals, or to make no award. The City also reserves the right to require modifications follow‐up with requests for additional information, including, but not limited to, follow‐up interviews. The City may request Best and Final offers based upon an improved understanding of the offers or changed scope of service. The City will negotiate with that vendor to determine final pricing and contract form. Because this proposal is negotiable, all pricing data will remain confidential until after the award is made, and there will be no public opening and reading of Proposals. Overall responsiveness to the RFP is an important factor in the evaluation process.
Selection may be made without further discussion, negotiations, or Offeror’s presentations; therefore, Offeror shall offer the most favorable terms in response to this RFP. The offeror must demonstrate an understanding of the scope of service to be provided and the ability to accomplish the tasks set forth. Offeror shall include information that will enable the City to determine the Offeror’s overall qualifications.
The City reserves the right to request additional information or clarification on any matter included in the proposal response, to enable the City to arrive at the final award decision.
Award
When the Review Panel has completed its work, Police Department personnel will then work with the Proposer to complete the administrative paperwork. 1273
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REQUEST FOR PROPOSAL (RFP)
CITY OF RICHMOND
CLEANING SERVICES AND
BIOHAZARDOUS WASTE CLEANUP
PROPOSAL
JULY 22nd, 2024
Submitted to:
City of Richmond's BidsOnline System
Attn: Erica Hellmold, Police Administrative Manager
City of Richmond's Police Department
1701 Regatta Blvd.,
Richmond, CA 94804
Submitted by:
Sharjo, LLC dba ServiceMaster Restoration Services
5451 Industrial Way
Benicia, CA 94510
(800) 480-8439
EIN# 94-3102452
DIR #1000017351
CA Contractors License #1101519
City of Richmond Business License #4004-9388
Submission Contact:
Andy Dobbs
National Account Manager
(415) 336-6258
[email protected]
Docusign Envelope ID: 3EEA7ECC-E421-4753-AFAF-0B10C8CDE0EB 1298
TRANSMITTAL LETTER
RE: REQUEST FOR PROPOSAL (RFP)
CLEANING SERVICES AND BIOHAZARDOUS WASTE CLEANUP
Dear Selection Committee:
Sharjo, LLC dba ServiceMaster Restoration Services commits to deliver the City of Richmond's Police Department with a professional staff, a deep understanding of all regulatory agency guidelines, and cleaning services and biohazardous waste cleanup service expertise. As the conservator of the City of Richmond, we understand the importance of creating a safe environment for your community.
• Professional and Dedicated Team – ServiceMaster Restoration Services will partner with the City of Richmond's Police Department in determining priority, scope of work, workflow, and will communicate the project projections, progress, and any other relevant information.
• Regulatory Guidelines –ServiceMaster Restoration Services is well versed and aligned with the established guidelines of the following agencies:
o Centers for Diseases Control and Prevention (CDC)
o Occupational Safety and Health Administration (OSHA)
o U.S. Environmental Protection Agency (EPA)
• Depth of Emergency Services Experience – In addition to cleaning services and biohazardous waste cleanup, ServiceMaster Restoration Services can handle any emergency need including but not limited to: water, flood, sewage, fire and smoke damage, mold, asbestos, lead, homeless encampment abatement, viral/infectious diseases disinfection/cleaning services, biohazardous removal, natural disaster damage recovery, complete content restoration, pack out & storage of personal contents, structure cleaning, electronic cleaning, building stabilization and complete building reconstruction services. In addition, we provide commercial cleaning, janitorial services, carpet and upholstery cleaning.
ServiceMaster Restoration Services’ credentials to serve you include the following:
• Member of the nationally acclaimed ServiceMaster family of brands; one of the world’s largest and most versatile disaster restoration networks specializing in commercial properties. • Single point of contact for the City of Richmond's Police Department. • Over $11M in public entity revenue last year
ServiceMaster has reviewed the full RFP and confirms we either meet, or exceed the required parameters.
We thank you for your consideration and look forward to the opportunity to become the City of Richmond's and the City of Richmond's Police Department cleaning services and biohazardous waste cleanup services partner. Should you have any questions, feel free to call me at 925-864-1504.
Respectfully,
Francisco Vega
Chief Operations Officer
City of Richmond's BidsOnline System
City of Richmond's Police Department
1701 Regatta Blvd.,
Richmond, CA 94804
Docusign Envelope ID: 3EEA7ECC-E421-4753-AFAF-0B10C8CDE0EB 7/22/2024 | 2:40 PM PDT
1299
TABLE OF CONTENTS
A. Qualification and Experience P. 4-48
a) Company Overview p. 4-13
b) Experience with Similar Projects p. 14-20
c) Cleaning Processes and Techniques p. 21-29
d) References p. 30-32
e) Current Licenses and Certifications p. 33-43
f) Project Approach to Delivering Services p. 44
g) Quality Control Measures and Reporting Mechanisms p. 45-47 Compliance with Safety and Regulatory Requirements p. 48 B. Cost p. 49-51
a) Cleaning and Biohazardous Cleaning Services p. 49-50 b) Emergency Response p. 51
C. Scope of Services p. 52-53
Full Prevailing Wage Price Sheet p. 54-59
Q & A Acknowledgement p. 60-61
W9 p. 62
Vendor Supplemental Questionnaire Form p. 63-64
Insurance Requirements and Proof of Current COI p. 65-69
Docusign Envelope ID: 3EEA7ECC-E421-4753-AFAF-0B10C8CDE0EB 1300
Sharjo, LLC
dba ServiceMaster Restoration Services
195 Mason Circle
Concord, CA 94520
Qualifications and Experience
a) Company Overview
ServiceMaster Restoration Services has been in operation for 38 years. We are headquartered in Benicia, CA and have 269 employees out of 30 branches across 12 states. Our Benicia and Concord branches have 78 employees together. A minimum of two crew members will be dedicated to the City of Richmond's Police Department with 20+ more available if needed. These two branches will be more than capable to provide the proper crew size, and all the tools, supplies and equipment needed to deliver professional and timely services to any of the City of Richmond's Police Department requests for services and within the required time frame.
If additional resources are needed, we have multiple branches in the Bay Area, including Milpitas, Santa Rosa and Sacramento, in which to pull from.
When you partner with ServiceMaster you get:
Dedicated Operation team to get the job done right
Dedicated Administrative team to streamline communication Cutting edge technology
Backed by extensive network of industry partners
Financial strength allows us to manage any project size Multiple locations with IICRC trained and certified technicians Recognized for excellence as Marion E. Wade award winning franchise Customer service driven team
As one of the most trusted names in commercial restoration, means we can offer a collection of resources that is unparalleled in the industry. With ServiceMaster, you can count on the dependability, reliability, and accountability in a vendor.
While our swift response time is vital, it means little unless we have the know-how to get the job done. Rest assured, ServiceMaster provides the highest level of leadership and experience, as well as a wealth of qualified personnel.
Each Operations team member is trained in general skills relating to company policies, internal CRM/job tracking software, customer interaction protocol, various areas of safety, etc.
Additionally, they receive training specific to their role and specialty (water, fire, contents, biohazard, mold, homeless encampment abatement, and other specialties). Leadership training is given to those in managerial positions. All receive continuous safety training. We also conduct annual performance reviews and create development plans for all staff. Client feedback is sought on every job. At the completion of a job, a Certificate of Satisfaction is sent to the customer. We also send a follow-up survey. The feedback is assessed, trends are highlighted, and appropriate improvements are made.
Docusign Envelope ID: 3EEA7ECC-E421-4753-AFAF-0B10C8CDE0EB 1301
Biohazardous Management Services:
• Trauma Abatement Cleaning and Restoration
• Blood Removal
• Drug Paraphernalia Removal
• Death Scene Remediation
• Crime Scene Cleaning and Restoration
• Tear Gas Contamination
• Clandestine Meth Lab Cleaning and Restoration
• Hoarding Cleanup
• Deodorization Services
• Biohazard Cleaning
• Bioterrorism Remediation
Infection Control:
• Disinfection, Sanitation, Decontamination
• C. Diff, MRSA, VER, COVID-19 and much more
Additional Services we deliver on a regular basis:
• Water mitigation
• Board-up
• Fire, smoke and water damage restoration
• Odor control
• Sewer overflow mitigation
• Dry ice blasting and pressure washing
• Complete pack-out and storage
• Contents inventory management
• Contents cleaning
• Encampment abatement
• Mold remediation
• Bacteria and virus remediation
• Asbestos and lead-based paint abatement
We mitigate damages stemming from natural and man-made disasters including but not limited to water, flood, sewage, fire and smoke damage, mold, asbestos, lead, homeless encampment abatement, viral/infectious diseases disinfection/cleaning services, biohazardous abatement, natural disaster damage recovery, content restoration, pack out & storage of personal contents, structure cleaning, electronic cleaning, building stabilization and building reconstruction services.
In addition, we provide commercial cleaning, janitorial services, carpet and upholstery cleaning.
ServiceMaster Restoration Services takes pride in our attention to those in need. We respond quickly to the concerns and needs of our clients and stand ready to help no matter what time they call. We serve each of our communities proudly providing prompt 24/7/365 service.
Our Services
Sharjo, LLC
dba ServiceMaster Restoration Services
195 Mason Circle
Concord, CA 94520
Docusign Envelope ID: 3EEA7ECC-E421-4753-AFAF-0B10C8CDE0EB 1302
Dedicated Team
As a ServiceMaster client, you will receive a dedicated account management team that will serve as your recovery partner before, during and after a loss. The Project Manager is certified in water, fire, smoke, confined space, OSHA 10, mold, applied structure drying and is a certified continued education instructor. Our restoration, remediation, and environmental specialists have all received all appropriate training, including the Institute of Inspection, Cleaning, and Restoration Certification (IICRC), follow OSHA & CDC guidelines and have the requisite high-tech equipment to help you deal with any potential emergency need.
ServiceMaster Licenses and certifications:
o City of Richmond Business License #4004-9388 exp. 12/31/2024 o Anyone employee driving, or operating equipment has a CA Class C and/or the required license/certification needed
o EPA ID# CAR000072538 Department of Toxic Substances Control o Hazardous Waste Transporter Registration Certificate #7089 exp. 11/30/2024
o Annual Blood Bourne Pathogen Training Certificate
o DIR# 1000017351 exp. 06/30/2025
o Contractors State License B 1101519 exp. 02/28/2025
o IICRC 79711 exp. 12/31/2024
o EPA NAT-45203-3 exp. 05/27/2025
o Trauma Scene Waste Practitioner TSW 738 exp. 1/15/2025 o Household Movers Permit CAL-T0192102
See copies of Current Licenses and Certification on p. 33-43 ServiceMaster understands that every loss is different and has its own set of needs and challenges. We have specialized teams trained to handle specific services and all the unique elements associated with them. For example, for a fire loss, ServiceMaster would send two service specific crews. One for smoke, soot, ash and structure cleaning and one for cleaning and temporary storage of the contents within the facility.
Communication
ServiceMaster starts every project by assessing the situation, prioritizing immediate stabilization of environment, developing an overall scope of work, executing on plan, and communicating with the client throughout the project. We walk the site with their team, discuss mitigation plan, and finalize the scope of work together. We share daily reports containing mitigation updates, uncovered issues, and any other important project information with all stakeholders.
Sharjo, LLC
dba ServiceMaster Restoration Services
195 Mason Circle
Concord, CA 94520
Docusign Envelope ID: 3EEA7ECC-E421-4753-AFAF-0B10C8CDE0EB 1303
National Account Manager - Andy Dobbs
Andy will handle all aspects of account management as we firm up our partnership with the City of Richmond's Police Department. He will walk sites to be cleaned up, conduct quarterly partnership evaluations, and be in continuous communication with Procurement, Risk, Public Works, Code Enforcement, Operations, Police Departments and any other City of Richmond representative.
• The National Account Manager is going to be very involved in the beginning stages of the new contract. He will be responsible for communication between the City of Richmond's Police Department and our team and making sure the new partnership kicks off with as little issues as possible. He will seek to find ways ServiceMaster can provide the City of Richmond's Police Department the best possible service and address issues that need to be fixed. He will be very involved with all jobs, progress, issues and tracking any additional requirements the City of Richmond's Police Department may have. • Andy will be available 24/7/365.
• There will not be a charge for this role.
Production Manager/Supervisor - Diego Gamarra
Diego shall serve as the Production Manager/Supervisor role for the City of Richmond's Police Department. He will manage all aspects of the City of Richmond's Police Department cleaning services. He will be responsible for finalizing the scope of work required, creating the estimate, scheduling field team, overseeing the work, overseeing the required support documents, and finalizing the invoice packet. Our years of experience has shown most biohazardous cleaning jobs can be properly handled with two technicians, so there might not be a need for additional Production Managers/Supervisors, but if needed arises we have additional Production Managers/Supervisors available that can be used for any additional/ larger project, or if there were multiple locations at the same time. • Diego will be available 24/7/365 and will be able to be on-site within the required time frame.
Sharjo, LLC
dba ServiceMaster Restoration Services
195 Mason Circle
Concord, CA 94520
Branch Manager– Tim Whicker
Tim oversees the Benicia branch and will be responsible for coordinating on our end the branch, field personnel, support teams and equipment responding to jobs associated with the City of Richmond's Police Department. Our two main branches dedicated to the City of Richmond's Police Department will be Benicia and Concord. With additional support able to come from Milpitas, Santa Rosa and Sacramento. There will not be a charge for this role.
Regional Manager - John Testa
John oversees the Concord branch and Operations for all local branches and will be brought in on any large and/or challenging projects. He manages all materials, supplies, equipment, vehicles and large equipment needs. There will not be a charge for this role.
Docusign Envelope ID: 3EEA7ECC-E421-4753-AFAF-0B10C8CDE0EB 1304
Project CoordinatorThe Project Coordinator is responsible for supporting all field staff, Technicians, Supervisors and Project Managers. They assist with creating invoicing packets and any other customer support needs that arise.
• Experience in janitorial, housekeeping, custodial or restoration field • Valid Driver’s License with 3 years clean driving history in order to qualify for our auto insurance • Must pass background checks (including Livescan)
• Self-driven, detail oriented
• Demonstrated organizational and problem-solving skills • High level of integrity and commitment to the work
• A desire to serve our customers and a passion for teamwork! • Excellent customer service skills
• 24/7/365 response to any new requests for services and on-site with one hour. • Water extraction and mitigation
• Fire and smoke cleaning and restoration
• Vandalism, crime scene and biohazardous clean up, demolition and light construction • Structural board-up and site stabilization
• Carpet cleaning and on location cleaning
• Content handling/storage, unloading/loading trucks
• Manage and maintain a clean and organized appearance of vehicle, equipment and materials • Manage and maintain inventories of all equipment, material, consumables and tools • Complete all necessary paperwork including daily progress report, moisture logs, safety logs • Any/all other duties or projects as assigned
Qualifications/Experience:
TechnicianThe Technician is a first-responder to residential and commercial properties affected by damage or disaster. Technicians are responsible for water damage mitigation, on-location cleaning, microbial remediation, content pack outs, content processing/deodorization and content storage and handling.
Duties/Responsibilities:
Sharjo, LLC
dba ServiceMaster Restoration Services
195 Mason Circle
Concord, CA 94520
Docusign Envelope ID: 3EEA7ECC-E421-4753-AFAF-0B10C8CDE0EB 1305
Name Title Years at Sharjo Office Cell number Role in Service Andy Dobbs
See bio
National
Account
Manager
8 years 195 Mason Circle,
Concord, CA 94520
800-480-8439
415-336-6258 Direct contact
for City of
Richmond
John Testa
See bio
Regional
Manager
8 years 195 Mason Circle,
Concord, CA 94520
800-480-8439
925-822-7433 Manages
Regional
Operations
Department
Diego
Gamarra
See bio
Project
Manager 11 years
925-864-7862
Manages
project and field
team
Tim Whicker
See bio
Branch
Manager 12 years 408-569-3131 Manages
Benicia Branch
Chris Ceja
See job
description
Lead
Technician 6 years 925-440-1162
Lead on
cleaning
Melshar Gibbs
See job
description
Lead
Technician 7 years 925-440-1251
Lead on
cleaning
Nestor
Ramirez
See job
description
Lead
Technician
3 years
925-440-1164
Lead on
cleaning
Holli
Pedersen
Project
Coordinator
4 years 925-433-3246
Supports Field
teams and
creates
reports
See job
description
195 Mason Circle,
Concord, CA 94520
800-480-8439
5451 Indistrial Way,
Benicia, CA 94510
800-480-8439
195 Mason Circle,
Concord, CA 94520
800-480-8439
195 Mason Circle,
Concord, CA 94520
800-480-8439
1070 S. Milpitas
Blvd., Milpitias, CA
95035 800-480-8439
195 Mason Circle,
Concord, CA 94520
800-480-8439
Sharjo, LLC
dba ServiceMaster Restoration Services
195 Mason Circle
Concord, CA 94520
Docusign Envelope ID: 3EEA7ECC-E421-4753-AFAF-0B10C8CDE0EB 1306
Andy Dobbs
National Account
Manager
Cell: 415.336.6258
Fax: 925.288.1570
Email: [email protected]
Andy joined ServiceMaster in February 2016. In his current role as National Account Manager, he focuses on his partnerships with public entities including but not limited to: cities, counties, specialty districts and schools throughout California. He most notably created the specialized homeless encampment abatement and removal program for ServiceMaster Restoration Services.
Andy has been an integral part of managing highly complex projects such as: biohazardous cleanup, homeless encampment abatement services, water and fire mitigation, content restoration, pack out & storage, and building stabilization. He has developed preventative and exposure COVID-19 disinfection plans in which he coordinated daily, weekly and monthly cleanings for cities, counties, multiple State of California departments, sewer districts, facilities, specialty districts and large commercial customers.
Areas of Expertise: Public Entity, Commercial Large Loss Consulting, Homeless Encampment Abatement Services, Illegal Dumping Abatement and Biohazardous Cleanings.
Industries Served: Public Entities, Cities, Counties, State of California, Specialty Districts, Airports, Ports, Sewer Districts, Water Districts, Public Works Departments, Detention Centers, Courthouses, Schools/Universities, Healthcare, Large Commercial, Property Management Companies, Pooling Agencies, Excess Insurance Carriers, Commercial & Personal Line Insurance Carriers, Agents, and Brokers
RecentCatastrophicEvents: 2017: Northern California Flood, Napa CA Earthquake, Adobe & Atlas Wildfires; 2018: Carr, Camp, Mendocino & Nelson Wildfires; 2019: Kincade & Glass Wildfires; 2020:
COVID-19, Riot Board-Ups, LNU/CZU/SCU Lightning Complex Wildfires; 2021: Northern California Atmospheric River; 2023: City of San Francisco Filmore St. Pressurized Water Main Burst Education: University of California, Santa Barbara; Bachelor of Arts, Communications Awards: 2019- Maintenance Superintendents Association (MSA) Vendor of the Year Sharjo, LLC
dba ServiceMaster Restoration Services
195 Mason Circle
Concord, CA 94520
Docusign Envelope ID: 3EEA7ECC-E421-4753-AFAF-0B10C8CDE0EB 1307
John Testa
Regional Manager
Cell: 925.822.7433
Fax: 925.288.1570
Email: [email protected]
John joined ServiceMaster in 2016 as the Sales Manager and quickly expanded his role and currently is the Director of Operations, Concord and San Francisco. In this position, he is charged with overseeing all aspects of operations, production and logistics. Prior to joining ServiceMaster in March 2016, he worked for Enterprise Car Rental, from 1987-2003 first as an Area Manager for the San Francisco Bay Area, then as Director of Business where he was responsible for managing over 300 accounts. He went on to manage the Enterprise Truck division from 2002-2015.
John brings a broad range of knowledge, ideas, and focused leadership to the team. Having come from a different industry, he has also brought with him an outside perspective that has helped ServiceMaster operate more efficiently. John has been an integral part ofmany complex projects for: counties, municipalities, healthcare and retail/ grocery stores. He accesses every job that comes in to make sure proper equipment is being used, staffing is optimized, and makes sure all logistical needs have been addressed.
Areas of Expertise: Public Entity, CAT response, Logistics, Resource Development, Coordination Industries Served: Healthcare, Retail, Municipalities, Public Entities, Cities, Counties, State of California, Specialty Districts, Sewer Districts, Water Districts, Public Works Departments, Detention Centers, Courthouses, K-12 Schools and Universities
RecentCatastrophicEvents: 2017: Northern California Flood, Napa CA Earthquake, Adobe & Atlas Wildfires; 2018: Carr, Camp, Mendocino & Nelson Wildfires; 2019: Kincade & Glass Wildfires; 2020:
COVID-19, Riot Board-Ups, LNU/CZU/SCU Lightning Complex Wildfires; 2021:Northern California Atmospheric River; 2023: City of San Francisco Filmore Street Pressurized Water Main Burst Education: University of California, Davis; Bachelor of Arts, Economics Sharjo, LLC
dba ServiceMaster Restoration Services
195 Mason Circle
Concord, CA 94520
Docusign Envelope ID: 3EEA7ECC-E421-4753-AFAF-0B10C8CDE0EB 1308
Diego Gamarra
Project Manager
Cell: 925.864.7862
Fax: 925.288.1570
Email: [email protected]
Diego started his restoration career as an Assistant Technician at ServiceMaster in 2013. Since then, he has been a crucial part of the company’s growth, always having a “yes we can” attitude. Diego has gained well-rounded experience in a range of projects over his career. He works together with clients and project-related personnel on coordination, scheduling, and implementation of the details in order to successfully complete a project. His ability to manage the sequencing of a project, coupled with strong client relationships, makes him a positive addition to any project team.
Diego has been an integral part of managing complex projects ranging from homeless encampment abatement projects (Contra Costa County Public Works, as well as the Cities of Martinez, Pittsburg, Antioch, Richmond, Albany, Alameda, and Oakland), sewage overflows (Sanitary Districts of Stege, Ironhouse and Central Contra Costa), to ongoing COVID disinfection services for multiple public entities.
Areas of Expertise: Operations Management, Large Commercial Loss, Project Management, Catastrophic Event Response, Coordination, Time and Materials Invoicing, Large Loss Consulting, Bio-hazard Cleaning, Homeless Encampment Abatement, Insurance Claims, Mold Remediation, Odor Removal, Fire Mitigation, COVID Cleaning, Packout/Packback, Structural Exterior Cleaning
Industries Served: Universities, Manufacturing, Healthcare, Telecommunication, Data Centers, Hospitality, Retail, Top Security, Municipalities, Counties, Public Entities, Labs, Utilities, Grocery Stores
Recent Catastrophic Events: 2017: Northern California Flood, Napa CA Earthquake, Adobe & Atlas Wildfires; 2018 Carr, Camp, Mendocino & Nelson Wildfires; 2019: Kincade & Glass Wildfires; 2020: COVID-19, Riot Board-Ups, LNU/CZU/SCU Lightning Complex Wildfires; 2021: Northern California Atmospheric River; 2023: Northern California Atmospheric River Professional Certifications: IICRC certified in Fire and Smoke restoration, Odor Control, Water Damage Restoration, Applied Structural Drying, OSHA 10 certified.
Sharjo, LLC
dba ServiceMaster Restoration Services
195 Mason Circle
Concord, CA 94520
Docusign Envelope ID: 3EEA7ECC-E421-4753-AFAF-0B10C8CDE0EB 1309
Tim Whicker
Branch Manager
Cell: 408.569.3131
Fax: 925.288.1570
Email: [email protected]
Tim started his career in management of a large communications company, AT&T. After five years in this role, Tim found himself with the need to help people. In 2012 Tim found a role in Business Development for ServiceMaster Restoration Services. Since then, he has had several roles and titles including Account Manager, Project Manager and Branch Manager. Tim’s need to help people is currently fulfilled by his work ServiceMaster Restoration Services. He is known for setting up direct reports for success, assisting team members, customer satisfaction and retention.
Areas of Expertise: Public Entity, Operations Management, Procurement, Large Commercial loss, Catastrophic Event Response, Coordination, Homeless Encampment Abatement Services
Industries Served: Public Entities, Cities, Counties, State of California, Specialty Districts, Sewer Districts, Water Districts, Public Works Departments, Courthouses Telecommunications, Commercial & Personal Line Insurance Carriers, Agents, and Brokers
Recent Catastrophic Events: 2017: Northern California Flood, Adobe, Tubbs & Atlas Wildfires; 2018: Carr & Camp Wildfires; 2019: Kincade & Glass Wildfires; 2020: COVID19, Riot Board-Ups, LNU/CZU/SCU Lightning Complex Wildfires; 2021: Northern California Atmospheric River; 2023: Northern California Atmospheric River Professional Certifications: Water Restoration Technician Annual Trainings: Blood borne Pathogens, PPE Program, Respiratory Protection Program, Injury Illness Prevention Plan, HazCom, Driver Safety, Emergency Action Plan, Heat Injury and Illness Prevention Plan, Slips, Trips & Falls, Powered Industrial Trucks, Fall Prevention and Safety Lifting
Sharjo, LLC
dba ServiceMaster Restoration Services
195 Mason Circle
Concord, CA 94520
Docusign Envelope ID: 3EEA7ECC-E421-4753-AFAF-0B10C8CDE0EB 1310
b) Experience with Similar Projects
Client: Contra Costa County Public Works
Location: 1015 Market Ave., Richmond, CA 94806
Industry: Public Entity/Municipality
Date of Loss: February 3
rd, 2022
Type of Loss: Illegal dumping & encampment abatement
Total Cost: $91,000
Contact Name & Title: Jason Quinones, Field Operations Manager Contact Info: [email protected] – (925) 723-2295 Background: Sharjo, LLC dba ServiceMaster Restoration Services has been in contract with Contra Costa County Public Works since 2019 for all emergency, water, fire, and other mitigation and restoration services. Under this contract, one of the services requested was to abate four large encampments located between multiple jurisdictions. This job involved the coordination, scheduling, and continual communication between multiple public agencies, private businesses, and our company. Once the residents were removed, we were brought in to abate the sites.
Loss Description: The four encampments were in locations that split jurisdiction lines between City of Richmond, City of San Pablo, Contra Costa County, BNSF Railroad and other private businesses.
Factors present that permitted these encampments to expand in size and severity were:
• Located in an area that was mostly out of sight, protected by large walls leaving the main way to view them from the active BNSF rail lines
• There was a small creek flowing down the middle that could easily be crossed by foot, so the two main encampments became more like a small community with an unhoused population of 50+ • The sites were left relatively unchecked/disturbed for multiple years, so they had the opportunity to grow large in size
• The encampments had erected wooden structures that further kept the campers out of sight.
Contained in these structures were large furniture, propane stoves, fire pits, rotten food, biohazardous waste, human waste (urine, feces, vomit and blood) and drug paraphernalia (needles and multiple different chemicals use to make their own drugs) Agencies involved: City of Richmond’s- Code Enforcement, Police Department and Fire Department City of San Pablo’s- Code Enforcement, Police and Public Works Departments, Contra Costa County’sPublic Works, Maintenance, Flood Control, Office of the Sheriff and Health Departments, BNSF Railroad’s Police and Safety Departments
Sharjo, LLC
dba ServiceMaster Restoration Services
195 Mason Circle
Concord, CA 94520
Docusign Envelope ID: 3EEA7ECC-E421-4753-AFAF-0B10C8CDE0EB 1311
What made this job unique or challenging: The encampments were large in size with a flood channel splitting it down the middle, BNSF active rail lines crossing to the North and a privately-owned bridge crossing the channel to the South. Much of the trash and debris resided in or near the flood channel and removal required it to be sifted and removed by hand. The biowaste and drug paraphernalia within this vicinity had to be properly disposed of to ensure that no one entered the flowing waterway.
The insides of the wooden structures posed biowaste health and safety risk due to the contents and biohazards within. While disassembling and removing these structures, our technicians had to wear full face respirators anytime they were in and around these areas of the worksite. Each structure had to be inspected for any and all hazards prior to commencing abatement. Many of the chemicals found posed a significant inhalation and fire risk. Additionally, multiple propane stoves and tanks were scattered throughout the complex also needing special handling and disposal. Once areas were cleared, we began the dismantling and removal of the structures.
Describe the resources used: Twelve technicians and two supervisors, a front loader, dump truck, 40- yard roll off bins, full PPE (Tyvek suits, steel toe boots, puncture resistant gloves and full-face respirators), small tools used: rakes, shovels, needle grabbers, garbage cans and wheelbarrows.
To assist in the dismantling and removal of these encampments we utilized a heavy-duty front loader that loaded debris into 40-yard roll off bins. We coordinated with Republic Services to provide the bins to be used in tandem with the front loader. When a bin was full, Republic Services would remove the full bin and drop another empty 40-yard bin to be filled. This coordination and partnership helped remove all of the debris in a very efficient and cost-effective manner.
Describe the finished product: 36 tons of debris was removed. All drug paraphernalia and bio waste were collected and disposed of following all applicable laws and regulations. The waterways were cleaned, and nothing was left behind. The final product was a clean, sterile and safe environment.
How long did it take to complete the job: Three days
Sharjo, LLC
dba ServiceMaster Restoration Services
195 Mason Circle
Concord, CA 94520
Docusign Envelope ID: 3EEA7ECC-E421-4753-AFAF-0B10C8CDE0EB 1312
Client: City of Pittsburg
Location: 2090 Willow Pass Rd., Pittsburg, CA 94565
Industry: Public Entity/Municipality
Date of Loss: 4/14/2022
Type of Loss: Bio waste and drug paraphernalia removal
Total Cost: $17,900
Contact Name & Title: Bryan Ballardo – Public Works Superintendent Contact Info: [email protected] – (925) 382-5047 Background: Contracted by City of Pittsburg to remove trash/debris, biohazardous waste and drug paraphernalia in a mile long canal tunnel that ran under a housing development.
Loss Description: This tunnel had 15-20 unhoused people occupying the tunnel. Since this location was out of the immediate public eye and provided shelter from the elements it quickly grew in size. This encampment went relatively unnoticed until the trash/debris combined with large metal car parts, bike parts and engines exceeded the tunnels capacity and began to spill out on both ends. At that point, we were contracted to do the encampment abatement and biohazardous cleaning and removal.
What made this job unique or challenging: We had to first remove and clear the massive amounts of trash/debris from each end of the tunnel to safely gain access. The use of a mini excavator was needed to remove the heavy/bulky car parts at the entrance. Once the entrance was cleared of debris, we began to work our way inside to assess. We implemented confined space entry protocols, which included setting negative air pressure. Since the tunnel was too narrow to safely use any equipment inside, we manually hauled all the waste from inside the tunnel to each opening on the ends. After all the trash/debris, drug paraphernalia and biohazardous waste was safely removed from the interior, we then cleaned and sanitized the entire tunnel.
Describe the resources used: We provided eight technicians and one supervisor, mini excavator, 40- yard roll-off bins, small tools used: rakes, shovels, needle grabbers, garbage cans and wheelbarrows.
Describe the finished product: We hauled away 16 tons of waste from inside the tunnel and disposed of it following all applicable laws/regulations.
How long did it take to complete the job: Two days
Sharjo, LLC
dba ServiceMaster Restoration Services
195 Mason Circle
Concord, CA 94520