AGENDA
SAN RAFAEL CITY COUNCIL - MONDAY, OCTOBER 6, 2025
This meeting will be held in-person. This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael.
How to participate in the meeting:
• You are welcome to come to the meeting and provide public comment in person. Each speaker will have 2-minutes to provide public comment per agenda item. • Submit your comments by email to [email protected] by 4:00 p.m. the day of the meeting.
If you experience technical difficulties during the meeting, please contact [email protected].
SPECIAL MEETING AT 4:00 P.M.
San Rafael City Hall, Third Floor Conference Room
1400 Fifth Avenue, San Rafael, CA 94901
Watch Online:
Watch on Webinar: https://tinyurl.com/spcc-2025-10-06
Listen by phone: (669) 900-9128
ID: 829-1614-4737#
SPECIAL MEETING
1. Special Meeting:
a. Boards, Commissions, and Committees Interviews
Interview Applicants and Make Appointments to the Board of Library Trustees and the Fire Commission to the End of October 2029 (CC)
Recommended Action – Interview applicants and make appointments REGULAR MEETING AT 6:00 P.M.
San Rafael City Hall, Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Watch Online:
Watch on Webinar: https://tinyurl.com/city-council-1
Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 863-4489-1398#
OPEN SESSION – THIRD FLOOR CONFERENCE ROOM – 5:00 PM
2. Mayor Kate to announce Closed Session items.
CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM – 5:00 PM
3. Closed Session:
a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION pursuant to 2 Government Code Section 54956.9(d)(2) (2 potential cases) CITY MANAGER AND COUNCILMEMBER REPORTS:
(including AB 1234 Reports on Meetings and Conferences Attended at City Expense)
4. City Manager and Councilmember Reports:
CONSENT CALENDAR:
The opportunity for public comment on consent calendar items will occur prior to the City Council’s vote on the Consent Calendar. The City Council may approve the entire consent calendar with one action. In the alternative, items on the Consent Calendar may be removed by any City Council or staff member, for separate discussion and vote.
5. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Regular City Council Meeting of September 15, 2025 (CC) Recommended Action - Approve minutes as submitted
b. Agreement for Environmental Consulting Services for the Dominican Residential Development Project and Associated Supplemental Fiscal Year 2025-2026 Budget Appropriation Resolution Authorizing the City Manager to (1) Execute a Professional Services Agreement with Environmental Science Associates (ESA) In an Amount Not to Exceed $675,221 for Environmental Consulting Services for the Dominican Residential Development Project (PLAN23-081) Located at Assessor’s Parcel Number (APN) 015-163-03 and (2) Appropriate Supplemental Fiscal Year (FY) 2025-2026 Budget Appropriations Totaling $675,221 (CED) Recommended Action – Adopt Resolution
c. Replacement of Fire Hoses and Nozzles
Resolution Authorizing the City Manager to Execute Purchase Orders for Firefighting Hoses from L.N. Curtis & Sons, Inc., In an Amount Not to Exceed $82,506, and for Hoses and Nozzles from Allstar Fire Equipment Inc., In an Amount Not to Exceed $152,718 (FD) Recommended Action – Adopt Resolution
d. Wireless Access Point Upgrade
Resolution Authorizing the City Manager to Execute a Purchase Order for the Replacement of Wireless Access Points, In an Amount Not to Exceed $128,299 (DS) Recommended Action – Adopt Resolution
e. Information Technology Services Agreement Renewal
Resolution Authorizing the City Manager to Execute a General Service Agreement with Xantrion, Inc., for Information Technology Services from November 1, 2025, through October 31, 2026, In an Amount Not to Exceed $1,207,200 (DS) Recommended Action – Adopt Resolution
f. Cybersecurity Awareness Month
Proclamation in Recognition of Support of Cybersecurity Awareness Month (DS) Recommended Action – Receive and file
3 g. Measure C – Wildfire Prevention Fund
Resolution Authorizing a Fiscal Year (FY) 2025-26 Supplemental Budget Appropriation from Measure C, Wildfire Prevention Fund (242) Fund Balance In the Amount of $1,108,319 to Support Ongoing Wildfire Prevention Efforts (Fin)
Recommended Action – Adopt Resolution
SPECIAL PRESENTATIONS
6. Special Presentations
a. Presentation of Proclamation in Recognition of Fire Prevention Week 2025 (FD)
OTHER AGENDA ITEMS
7. Other Agenda Items
a. Capital Project Management Services Contract for Albert Park Library & Community Center and Measure P Project Update
Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Griffin Structures for Albert Park Library & Community Center Capital Project Management Services, In an Amount Not to Exceed $350,000 in FY 2025-26; And Subsequent Amendments Based on Each Fiscal Year’s Appropriation for a Total Contract Amount Not to Exceed $4,440,606 Through Project Completion; Measure P Project Update (CM) Recommended Action – Adopt Resolution
b. Wildfire Prevention Efforts in San Rafael from 2019-2025 Informational Report on the 38-Point Wildfire Prevention and Protection Action Plan (FD) Recommended Action – Accept report and proposed revision
OPEN TIME FOR PUBLIC EXPRESSION
The public is welcome to address the City Council at this time on matters not on the agenda that are within its jurisdiction. Please be advised that pursuant to Government Code Section 54954.2, the City Council is not permitted to discuss or take action on any matter not on the agenda unless it determines that an emergency exists, or that there is a need to take immediate action which arose following posting of the agenda. Comments may be no longer than two minutes and should be respectful to the community.
ADJOURNMENT:
Any records relating to an agenda item, received by a majority or more of the Council less than 72 hours before the meeting, shall be available for inspection online and at City Hall, 1400 Fifth Avenue, and placed with other agendarelated materials on the table in front of the Council Chamber prior to the meeting. Sign Language interpreters may be requested by calling (415) 485-3066 (voice), emailing [email protected] or using the California Telecommunications Relay Service by dialing “711”, at least 72 hours in advance of the meeting. Copies of documents are available in accessible formats upon request. To request Spanish language interpretation, please submit an online form at https://www.cityofsanrafael.org/request-for-interpretation/. ____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: SM 1.a
Meeting Date: October 6, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Clerk’s Office
Prepared by: Lindsay Lara, City Clerk City Manager Approval: ______________ TOPIC: BOARDS, COMMISSIONS, AND COMMITTEES INTERVIEWS
SUBJECT: INTERVIEW APPLICANTS AND MAKE APPOINTMENTS TO THE BOARD OF LIBRARY TRUSTEES AND THE FIRE COMMISSION TO THE END OF OCTOBER 2029 RECOMMENDATION:
Interview applicants and make appointments to the Board of Library Trustees, Fire Commission, Police Advisory and Accountability Committee, and the Planning Commission.
BACKGROUND:
The City of San Rafael actively recruits community members to serve on its boards, commissions, and committees to ensure broad representation and public input in City policy and decision-making.
Vacancies occur periodically due to term expirations, resignations, or newly created positions. The following members’ terms are set to expire at the end of October 2025:
Alex Vahdat, Board of Library Trustees (1st of two terms) Jaimi Cortez, Board of Library Trustees (2nd of two terms – terming out) Ken Johnson, Fire Commission (1st of two terms)
Donna McCusker, Fire Commission (1st of two terms)
Daniel Alm, Police Advisory & Accountability Committee (1st of two terms) Fatai Tokolahi, Police Advisory & Accountability Committee (1st of two terms) Marilyn Alvarez, Police Advisory & Accountability Committee Youth Member (1st of two terms) Jill Rodby, Planning Commissioner, District 1 (1st of three terms) Additionally there is a vacant seat on the Planning Commission for District 4, of which we have received no applications to date.
The City Clerk’s Office conducts outreach for each vacancy through the City’s website, social media channels, email subscription lists, and MarinIJ. Interested residents submit an application, which is reviewed and scheduled for interviews by the City Council.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The following vacancies were recently advertised:
Body Number of Seats Term Expiration
Board of Library Trustees 2 10/2025
Fire Commission 2 10/2025
Police Advisory and Accountability Committee 3 10/2025
Planning Commission, District 1 1 10/2025
Planning Commission, District 4 1 07/2025
All applications received by the filing deadline were provided to the City Council in advance of this meeting.
ANALYSIS:
Staff recommends the City Council interview applicants, and make appointments to two terms on the Board of Library Trustees and two terms on the Fire Commission, and any alternate terms as needed.
Board of Library Trustees Fire Commission
Alexander Vahdat Donna McCusker
Caroline Doyle Kenneth Johnson
Michael Polk Robert Mittelstaedt
Board of Library Trustees:
The term of Alexander Vahdat and Jaimi Cortes is set to expire at the end of October 2025. Alexander Vahdat is eligible for another term, however, Jaimi Cortes was ineligible because she has completed two consecutive terms and is terming-off of the Board of Library Trustees. Seven applications were received for the Board of Library Trustees; however, two applicants withdrew, and two applicants never responded to Staff to schedule interviews and confirm interest in serving.
The term of Donna McCusker and Kenneth Johnson is set to expire at the end of October 2025. Both incumbents are eligible for another term and have both reapplied. Six applications were received for the Fire Commission; however, one applicant withdrew, and two applicants never responded to Staff to schedule interviews and confirm interest in serving.
COMMUNITY OUTREACH:
The recruitment process was publicly noticed on the City’s website, through social media, in the City Manager’s newsletter, and Marin IJ. Outreach was also extended to community partners and stakeholder groups to encourage broad participation.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Make appointments to each legislative body following the interview; including alternate members as needed.
2. Direct the City Clerk’s office to continue recruitment for certain Boards, Commissions and Committees.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
RECOMMENDED ACTION:
Interview applicants and make appointments to the Board of Library Trustees and the Fire Commission.
ATTACHMENTS:
1. Board of Library Trustees applications
2. Fire Commission applications
Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Alexander Vahdat Address / Dirección
City / Ciudad San Rafael
State / estado CA
ZIP/Postal Code / Código postal 94903
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 4/Northern / Distrito 4/Norte
Q3
How long have you lived in San Rafael?
8 Q4
Business Information
Company Berman Tabacco
Address
City/Town San Francisco
ZIP/Postal Code 94104
#121
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Tuesday, July 22, 2025 3:10:42 PM
Last Modified: Tuesday, July 22, 2025 3:15:13 PM
Time Spent: 00:04:30
IP Address: 162.231.99.49
Boards, Commissions & Committees Application
2 / 3
Q5
How did you hear about this vacant position?
Other (please specify):
Current Board member
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Board of Library Trustees
Q18
Do you participate in any civic activities? If so, what are they? San Rafael Board of Library Trustees
Marin County Bar Association - Programs Committee Chair Q19
List any civic organizations of which you are a member:
San Rafael Board of Library Trustees
Marin County Bar Association - Programs Committee Chair Q20
Education:
BA, UC Davis (2007)
JD, UC Davis School of Law (2012)
Q21
Why are you interested in serving on a board or commission? I am looking forward to continuing my service on the Library Board as the Carnegie Branch reopens and to help shape the vision for the new Library building in my next term. The Library is such an integral part of our community, and I want to ensure that it continues to be a cornerstone of San Rafael as it and the city grow.
Q22
Describe possible areas in which you may have a conflict of interest with the City:
N/A
Q23
Upload your resume.
Respondent skipped this question
Boards, Commissions & Committees Application
3 / 3
Q24
Ethnicity / Raza/etnia:
Q25
To which gender do you most identify?¿Con qué género se identifica más?
Q26
How old are you?¿Cuántos años tienes?
Boards and Commissions Application
1 / 3
Q1
Contact Information
First and Last Name Caroline Doyle
Address
Address 2
City/Town San Rafael
State/Province CA
ZIP/Postal Code 94901
Email Address
Phone Number
Q2
What district do you currently live in?
District 2/Western
Q3
What Board would you like to apply to?
Bicycle and Pedestrian Advisory Committee,
Board of Library Trustees
Q7
How long have you lived in San Rafael?
I haver lived in San Rafael for twenty-eight years.
#5
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Sunday, April 23, 2023 6:52:09 AM
Last Modified: Sunday, April 23, 2023 11:05:12 AM
Time Spent: 04:13:02
IP Address: 174.160.9.209
Boards and Commissions Application
2 / 3
Q8
Business Information
Company Bright Horizons
Address
City/Town San Rafael
ZIP/Postal Code 94903
Q9
How did you hear about this vacant position?
Other (please specify):
I received an email from the library.
Q10
Do you participate in any civic activities? If so, what are they? No, I do not.
Q11
List any civic organizations of which you are a member:
None.
Q12
Education:
I gave a degree in early childhood education and theater.
Q13
Why are you interested in serving on a board or commission? I've lover the San Rafael public library and I have been a member for my whole life.
Q14
Describe possible areas in which you may have a conflict of interest with the City:
I don't anticipate that I'd have any.
Q15
Upload your resume.
Work%20Resume%20Winter%202020.pdf (79.7KB)
Boards and Commissions Application
3 / 3
Q16
Ethnicity
Q17
To which gender do you most identify?
Q18
How old are you?
Caroline Elizabeth Doyle
Profile:
I am a graduate of the College of Marin where I studied theater and subsequently Early Childhood Education. I have always been bright, creative, nurturing, confident, well spoken and well read, gentle, inclusive, and very joyous. I have found these traits to align well with connecting with and educating children.
Experience:
Teacher
November 2015 to Present
For the past five years I have been a teacher in a two’s classroom at the Marin Commons campus of Bright Horizons. Throughout most of this time I have team taught under a lead teacher, but I have maintained my classroom independently. In my five years I have built an early learning environment that has successfully and beautifully fostered the development of each child and which celebrates them. I supported this in the writing and implementing of age appropriate weekly curricula and facilitating and documenting the learning, joy, and milestones of my students. I built mindful and loving relationships with children and their families and other teachers as well and I kept open communication both written and verbally.
Resource Teacher
November 2015 to November 2016
Between two Bright Horizons campuses; Marin Commons and Marin Day School I provided flex assistance in each of their classrooms ranging from the infant program through kindergarten preparation. I had a unique opportunity gain familiarity, knowledge, and love of a wide variety of ages and people.
Program Leader
September 2013 to Present
I provide before school care at a local San Anselmo based elementary school through the Marin YMCA. In this position I provide supervision and structure yet bring a bright and engaging element to each day. I work with children aged four to ten.
Extracurricular Work and Accomplishments
Reading Buddy
September 2017 to Present
I volunteer at the San Rafael Public Library once per week where elementary school aged read children aloud to me. The program is designed mainly to support students who are learning English as a second language and provides them an opportunity outside of school to develop their reading abilities. In addition to gaining weekly practice at reading and speaking in English I strive to help these children build vocabularies and increase their retention and understanding.
College of Marin Drama Department Secretary, 2011 to 2013 College of Marin Drama Department Most Outstanding Contribution, 2011 Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Michael Polk
Address / Dirección
City / Ciudad San Rafael
State / estado CA
ZIP/Postal Code / Código postal 94901-1646
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 2/Western / Distrito 2/Oeste
Q3
How long have you lived in San Rafael?
26 years
Q4
Business Information
Respondent skipped this question
Q5
How did you hear about this vacant position?
City Manager's Newsletter
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Board of Library Trustees
#127
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Monday, July 28, 2025 6:02:26 PM
Last Modified: Monday, July 28, 2025 8:05:46 PM
Time Spent: 02:03:19
IP Address: 76.133.31.142
Boards, Commissions & Committees Application
2 / 3
Q18
Do you participate in any civic activities? If so, what are they? Marin History Museum historical events, walks, lectures; Northwestern Pacific Railroad Historical Society events; County fair, Farmer's Markets, West End Neighborhood events, West End community events.
Q19
List any civic organizations of which you are a member:
Marin History Museum; Northwestern Pacific Railroad Historical Society.
Q20
Education:
San Rafael High School, 1963-1967
College of Marin, 1967-1969 (AA)
San Diego State University, 1969-1972 (BA)
Michigan State University, 1976-1979 (MA)
Q21
Why are you interested in serving on a board or commission? I enjoy engaging in activities surrounding libraries, I visit the SR library often to check out books, DVDs, do research. I also do extensive historical research at the Marin Library, many university and public libraries in the Bay Area and elsewhere in the country. I worked several library settings including establishing a library for the Anthropology Department at San Diego State and in a paid clerical position in the Science Library at Michigan State University. Also, having established and operated my own business in the cultural resources management business for 30 years, I served on many organizational boards during that time. I enjoyed and thrived those settings, serving as secretary and then president in a national trade association, and as a board member on another. In those positions I planned and carried out agendas and oversaw many different projects and activities.
Q22
Describe possible areas in which you may have a conflict of interest with the City:
None
Q23
Upload your resume.
Michael%20R%20Polk%20short%20resume.pdf (136.8KB)
Boards, Commissions & Committees Application
3 / 3
Q24
Ethnicity / Raza/etnia:
Q25
To which gender do you most identify?¿Con qué género se identifica más?
Q26
How old are you?¿Cuántos años tienes?
1 MICHAEL R. POLK
San Rafael, California 94901
EDUCATION
M.A. Anthropology Michigan State University, East Lansing, Michigan 1979 Study Anthropology Idaho State University, Pocatello, Idaho 1973-75 B.A. Anthropology San Diego State University, San Diego, California 1972
LIBRARY AND ORGANIZATIONAL EXPERIENCE
2005 Founding member and Board Member of the American Cultural Resources Association. Secretary 2005-2006; President 1996-1997 and 2007-2009.
2001- Board Member of the Society for Historical Archaeology. Chair of Business Committee. 2004
1999 Conference Chair of Society for Historical Archaeology Annual Conference, Salt Lake City. 1981- Operation of branch office of cultural resources firm which, in 1983 became a firm owned and 2013 operated by my wife and myself. This involved office management, employee hiring and oversight, fieldwork, and report writing.
1979- Field Director, Tombigbee River Waterway Project, Archaeological Excavation, West Point 1980 Mississippi.
1978- I was employed as full-time a clerical assistant to the Science Librarian at the Michigan State 1979 University Library. My duties included correspondence, catalog maintenance, book inventory, book catalog restoration, and evaluation of book stack condition and establishment of new book space.
1971- Another student and I put together a library for the San Diego State University Anthropology 1972 Department. I was also employed part-time as Anthropology Department Laboratory Director.
PROFESSIONAL EXPERIENCE
2017- I serve as Principal of Aspen Ridge Consultants, L.L.C. I have undertaken and continue work on archaeological and historical projects in northern Utah and coastal California. One of my focuses is on research and fieldwork on Chinese workers at transcontinental railroad camps in Utah, Nevada and coastal California.
2013-16 Regional Director, Commonwealth Heritage Group, Inc., Ogden, Utah. 1983- Principal Archaeologist/Owner, Sagebrush Consultants, L.L.C., Ogden, Utah; solicited and 2013 managed cultural resources contracts, other environmental work; conducted fieldwork and report preparation; managed and conducted surveys, monitoring, excavation, and historic evaluation projects (including HABS and HAER) in Idaho, Utah, Nevada, Colorado, Wyoming, 2 Oregon, Arizona, New Mexico, South Dakota, and California; completed more than 1000 projects.
1981-83 Western Regional Manager, Environment Consultants, Inc., Ogden, Utah. 1980-81 Project Manager, ECI, Addison, Texas.
1979-80 Program Supervisor for Field Archaeology on Tombigbee Historic Townsites Project, West Point, Mississippi.
RECENT SELECTED PUBLICATIONS AND PAPERS
Polk, Michael R.
2024 Chinese Railroad Grade Interments in Utah. Paper Presented at the 56th Annual Conference on Historical and Underwater Archaeology, Oakland, California, January 3-6.
Anatomy of a Branch Line, West End and Highland Stations. The Northwesterner 38 (1).
The San Rafael and San Quentin Railroad Depot: 1870 San Rafael Lithograph.
The Northwesterner 38 (2).
2023 Chinese Railroad Worker Interments in Nevada and Utah, 1868-1869. Senior author with Christopher W. Merritt. Paper Presented at the 55th Annual Conference on Historical and Underwater Archaeology, Lisbon, Portugal, January 4-7.
Anatomy of a Branch Line: San Rafael-San Anselmo, Part 1. The Northwesterner 37 (1).
Anatomy of a Branch Line Part II: The Depots – B Street Station. The Northwesterner 37 (2). 2022 Archaeologists and Historic Railroad Resources in the United States. Society for American Archaeology, Advances in Archaeological Practice 10(2): 227-236.
Tales of Railroad Ghosts in Marin County. The Northwesterner 36(1).
Railroad Abandonments in Marin County 1960-1996. The Northwesterner 36 (2).
Finding Things Where Least Expected: Excavation of an Historic Plank Bridge in Salt Lake City. Article in Utah Archaeology.
2021 Rails East to Ogden: Utah’s Transcontinental Railroad Story. Senior author with Christopher W. Merritt with contributions by Michael Sheehan, Kenneth P. Cannon, and Molly Boeka Cannon. Cultural Resources Series No. 29, Bureau of Land Management, Salt Lake City, Utah. https://issuu.com/utah10/docs/rails_east_to_ogden/261
2020 Book Review of: The Civilian Conservation Corps in Utah: Remembering Nine Years of Achievement, 1933-1942, by Kenneth W. Baldridge, In: Utah Historical Quarterly, Vol. 88, No. 1.
3 Spatial Relationships at Ethnic Chinese Dominated Section Stations in the Western United States. Paper presented at the 53rd Annual Conference on Historical and Underwater Archaeology, Boston, Massachusetts. January.
2019 Chinese Workers at Central Pacific Railroad Section Station Camps, 1870-1900. Web Exclusive Essay, Stanford University Chinese Railroad Workers of North America Project. https://web.stanford.edu/group/chineserailroad/cgi-bin/website/chinese-workers-at-centralpacific-railroad-section-station-camps-1870%e2%88%921900/ Chinese Maintenance Workers and The Central Pacific Railroad, 1870-1900. Presented at the International Symposium of the Transnational Life of Chinese Railroad Workers in North America, Wuyi University, Jiangmen, China, June 5-6, 2019. 2018 Unintended Consequences of Digitalization in Archaeology: A Cautionary Tale. Paper presented at the 51st Annual Conference on Historical and Underwater Archaeology, New Orleans, Louisiana. January.
2017 Rolling to the 150th: Sesquicentennial of the Transcontinental Railroad. Junior author with Christopher W. Merritt, Kenneth P. Cannon, Michael Sheehan, Glenn Stelter, and Ray Kelsay.
Utah Historical Quarterly 85 (4): 352-363.
2016 Chinese Workers at Central Pacific Railroad Section Stations, 1870 to 1900. With Christopher Merritt. Paper presented at the Chinese Railroad Workers 2016 Conference, Stanford University, California. April.
2014 Interpreting Chinese Worker Camps on the Transcontinental Railroad at Promontory Summit, Utah. Historical Archaeology 42 (3).
2013 Resource Transformation: The History and Status of the Cultural Resource Management Industry in the United States. Chapter In: Training and Practice for Modern Day Archaeologists, edited by J.H. Jameson and J. Eogan, Springer Science Business Media New York.
2012 From Lampo Junction to Rozel: The Archaeological History of the Transcontinental Railroad across the Promontory Mountains, Utah. Michael R. Polk and Wendy Simmons Johnson.
Sagebrush Consultants Report No. 1614 (April 2012).
ORGANIZATIONAL MEMBERSHIPS
-American Cultural Resources Association (1995-present); Board of Directors; Secretary 1995- 1996; President 1996-1997; 2007-2009
-Society for Historical Archaeology (1980-present); Board of Directors 2001-2004; Conference Chair Salt Lake City Meeting 1999; Southwest Editor for SHA Newsletter; continuing committee work.
-Register of Professional Archaeologists (1999-present); Grievance Coordinator Elect (2015- 2016); Grievance Coordinator (2017-2018)
-Sigma Xi, The Scientific Research Society
-Society for California Archaeology
-Marin History Museum
-Northwestern Pacific Railroad Historical Society
Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Donna McCusker
Address / Dirección
City / Ciudad San Rafael
State / estado CA
ZIP/Postal Code / Código postal 94903
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 3/Eastern / Distrito 3/Este
Q3
How long have you lived in San Rafael?
70 years
Q4
Business Information
Company Morgan Stanley
Address
City/Town Folsom
ZIP/Postal Code 95630
#125
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, July 24, 2025 4:13:32 PM
Last Modified: Thursday, July 24, 2025 4:19:50 PM
Time Spent: 00:06:17
IP Address: 73.252.241.84
Boards, Commissions & Committees Application
2 / 3
Q5
How did you hear about this vacant position?
Other (please specify):
currently serving on SRFC
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Fire Commission
Q18
Do you participate in any civic activities? If so, what are they? Volunteer for SRFF
Q19
List any civic organizations of which you are a member:
Marin Needle Arts Guild
Q20
Education:
BA degree
Q21
Why are you interested in serving on a board or commission? Continuing my work on behalf of the SRFD
Q22
Describe possible areas in which you may have a conflict of interest with the City:
none
Q23
Upload your resume.
Respondent skipped this question
Boards, Commissions & Committees Application
3 / 3
Q24
Ethnicity / Raza/etnia:
Q25
To which gender do you most identify?¿Con qué género se identifica más?
Q26
How old are you?¿Cuántos años tienes?
Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Kenneth Johnson Address / Dirección
City / Ciudad San Rafael
State / estado CA
ZIP/Postal Code / Código postal 94901
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 2/Western / Distrito 2/Oeste
Q3
How long have you lived in San Rafael?
15 years
Q4
Business Information
Company Arthur J. Gallagher & Co. Risk Management & Insurance Address
City/Town San Francisco
ZIP/Postal Code 94901
#130
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Saturday, September 06, 2025 1:30:33 PM
Last Modified: Saturday, September 06, 2025 1:54:55 PM
Time Spent: 00:24:22
IP Address: 136.226.78.194
Boards, Commissions & Committees Application
2 / 3
Q5
How did you hear about this vacant position?
Other (please specify):
Currently on Fire Commission
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Fire Commission
Q18
Do you participate in any civic activities? If so, what are they? Volunteer at St. Anthony's Foundation volunteer at St. Francis Dining Room Q19
List any civic organizations of which you are a member:
RIMS—the Risk and Insurance Management Society—is not a civic organization in the traditional sense (like a neighborhood association or public advocacy group), but it plays a vital role in shaping public and private sector risk strategies that impact civic life.
Q20
Education:
San Francisco State University B.A.
Q21
Why are you interested in serving on a board or commission? Having served on the San Rafael Fire Commission for the past three years, I remain deeply committed to advancing fire safety and resilience in our community—especially given our location in a high-risk wildfire zone. With over 30 years of experience in risk management for large real estate portfolios across the United States and internationally, I bring a broad understanding of how communities can prepare for and respond to natural disasters, including wildfires.
My work as an insurance broker involves advising clients across diverse regions on risk mitigation strategies, emergency planning, and property protection. This global perspective allows me to contribute informed, forward-thinking insights to the Commission’s work —grounded in both best practices and real-world application. I’m passionate about continuing to serve San Rafael by helping shape policies and initiatives that protect lives, property, and the long-term resilience of our city.
Boards, Commissions & Committees Application
3 / 3
Q22
Describe possible areas in which you may have a conflict of interest with the City:
I do not have any known conflicts of interest with the City of San Rafael. I do not hold any financial interests, contractual relationships, or affiliations that would interfere with my ability to serve objectively and in the best interest of the community. My professional work in risk management and insurance is conducted with full transparency and does not involve any direct business with the City itself. I remain committed to upholding the integrity and impartiality required of this role.
Q23
Upload your resume.
Ken%20Johnson%20Resume%2010_2025.pdf (174.5KB)
Q24
Ethnicity / Raza/etnia:
Q25
To which gender do you most identify?¿Con qué género se identifica más?
Q26
How old are you?¿Cuántos años tienes?
KENNETH P. JOHNSON
Cell:
San Rafael, CA 94901
PROPERTY CASUALTY BROKING
BUSINESS DEVELOPMENT |BROKER PRODUCTION | CLIENT MANAGEMENT Senior Area Vice President with a proven 30+ years of track record of delivering sustainable revenue gains, profit growth, and market-share increases. Served a global risk management insurance brokerage and recognized for maintaining a history of exceeding goals for large and complex clients / partners, providing services of a $2.6M book, and developing strategies for complex multinational insurance and risk management programs in collaboration with national / multinational teams. Skilled at managing complex layered property programs, fostering a team approach to external and internal business relationships, and developing business sales plans for the identified targeted prospects and existing clients in both hard and soft market environments.
“Eager to learn new skills in sales and cross-selling; motivated to provide customer service excellence; excited to networking with new people”
VALUE OFFERED
Broking Production
Business Development
Sales and Development Planning
Sales and Marketing Strategy
Transportation / Logistics
Contract Review Evaluation
Risk Management
Risk Mitigation
Resource Allocation
Client Satisfaction
Revenue Growth
Innovative Solutions
Prospect Analysis
Inventory Accuracy
Cross-Cultural Client Management
Multi-Entity Insurance Program
Management
Relationship Building / Strategic
Partnership
Team Management/ Collaboration
Strong Communication
CRITICAL COMPETENCIES
LEADERSHIP: Ability to identify the barriers, develop innovative and cost-effective solutions, collaborate with Property and Transportation broking teams.
OPTIMIZE EXECUTION AND RESULTS: Prioritize resources and solutions to ensure achievement of client business objectives and client satisfaction while providing exceptional services. Proficiency in cultivating revenue generating opportunities by developing sales and marketing strategies.
PROMOTE A CUSTOMER-FOCUSED ENVIRONMENT: Proactive at building and maintaining strong client relationships aligned with Property Casualty business targets.
BUSINESS ANALYSIS: Skilled at identifying prospect needs, producing new business with a focus on broking production.
COMMUNICATION: Strong written and verbal communication skills across all levels including senior management, direct reports, stakeholders and clientele; able to logically articulate point of view while reinforcing company initiatives.
KENNETH P. JOHNSON
PROFESSIONAL EXPERIENCE
ARTHER J. GALLAGHER & CO. RISK MANAGEMENT SERVICES 16 YEARS (PRESENT) Team Collaboration: Client Service Supervisors, Service Managers, and Account Managers - 19; Risk Engineers - 3; Claims Professionals - 5 |Commercial Insurance Account Revenue: $2.6 Million | Captive Development Senior Area Vice President – San Francisco, CA (April 2021 to Present) Area Vice President – San Francisco, CA (October 2018 to April 2021) Area Vice President – San Francisco, CA (December 1997 to December 2008) Pertain to the industry specialization that includes Specialty Real Estate, Non-Profits, Transportation and Captive Insurance formation.
PROVEN SUCCESS
Developed and maintained a book of commercial insurance accounts of $2.6M most recently. Orchestrate risk management clients by serving as a central Coordinator and Supervisor of international local service teams.
Manage the Gallagher Internship Program for San Francisco Bay Area Risk Management Office ultimately hiring 6 of 12 interns.
Combine locally existing policies and programs for the coverage in North America, Asia, Europe and Australia accurately and effectively.
ISU INSURANCE SERVICES. - SAN FRANCISCO, CA 5 YEARS (PAST) Commercial Insurance Account Revenue: $1.5 Million
Managing Director – San Francisco Bay Area (October 2014 to September 2018) Vice President – San Francisco Bay Area (December 1989 to December 1997) Managed the development of revenue reports, budgets, and strategic planning. Maintained a frequent communication board while ensuring ISU insurance services’ operations remained in compliance with rules and regulations.
PROVEN SUCCESS
Earned recognition for the top sales performance while directing the Property and Casualty division for multiple years.
Built and maintained a $1.5M book of commercial insurance accounts including non-profits, restaurants, and several affinity programs.
Developed and implemented company’s business strategies and supervised investments, key relationships, and revenue growth.
ALVAREZ & MARSAL - SAN FRANCISCO BAY AREA 3 YEARS (PAST) Manager – San Francisco Bay Area (October 2011 to September 2014) Delivered business performance improvement, turnaround risk management, and insurance brokerage advice to AAA NCNU that catapulted the revenue and accelerated results.
PROVEN SUCCESS
Provided management services as a member of the Risk Transfer Group. Built Lighthouse Risk and Insurance Solutions Inc. for AAA NCNU. Provided recommendations for risk mitigation and prepared a detailed report to the senior management to evaluate the outcomes.
Reported directly to the AAA NCNU Board for the completion of several projects / tasks within timelines and budgets while ensuring compliance with company rules & regulations.
KENNETH P. JOHNSON EDUCATION / PROFESSIONAL DEVELOPMENT BACHELORS OF SCIENCE – MAJOR IN MARKETING
SAN FRANCISCO STATE UNIVERSITY, SAN FRANCISCO, CA
CERTIFICATION / LICENSES / PROFESSIONAL AFFILIATIONS
ST. IGNATIUS COLLEGE PREPARATORY
FIRE COMMISSIONER, SAN RAFAEL, CA
CALIFORNIA PROPERTY & CASUALTY LICENSE| 0677465
MAINTAIN PROPERTY & CASUALTY LICENSES | ALL 50 STATES
CALIFORNIA ACCIDENT & HEALTH AGENT | 0677465
CALIFORNIA SURPLUS LINES BROKER
CERTIFIED PROPERTY & CASUALTY UNDERWRITING (CPCU) EXAMS 1- 9, SAN FRANCISCO STATE
UNIVERSITY ALUMNI ASSOCIATION
THE OLYMPIC CLUB – SAN FRANCISCO – MEMBER FOR 40 YEARS
ST. ANTHONY’S FOUNDATION - VOLUNTEER
Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido robert mittelstaedt Address / Dirección
City / Ciudad San Rafael
State / estado CA
ZIP/Postal Code / Código postal 94904
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 1/Southern / Distrito 1/Sur
Q3
How long have you lived in San Rafael?
23 years
Q4
Business Information
Company retired
Q5
How did you hear about this vacant position?
City Council Agenda
#114
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Tuesday, April 08, 2025 3:39:18 PM
Last Modified: Tuesday, April 08, 2025 3:48:31 PM
Time Spent: 00:09:12
IP Address: 69.181.240.51
Boards, Commissions & Committees Application
2 / 3
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Bicycle and Pedestrian Advisory Committee,
Fire Commission,
Marin Commission on Aging,
Park and Recreation Commission,
Planning Commission,
Police Advisory & Accountability Committee
Q18
Do you participate in any civic activities? If so, what are they? Yes. I've been active with the non-profit I co-founded, E-Bike Access, and have appeared before almost all city/town councils and school board to advocate for safe e-bikes. I was a member of the MMWD Citizen Advisory Committee on E-bikes; the Marin County Anti-Human Trafficking Task Force; and the San Rafael Homelessness Solutions Working Group. I was also a Discovery Facilitator for the Marin County Superior Courts. And I coach the Tam High mock trial team.
Q19
List any civic organizations of which you are a member:
See No. 7.
Q20
Education:
College and law school
Q21
Why are you interested in serving on a board or commission? I was in private law practice for almost 50 years. As a retiree, I'm looking to give back to the community where I live. I've found community service to be fascinating and rewarding, and want to continue doing so.
Q22
Describe possible areas in which you may have a conflict of interest with the City:
None
Boards, Commissions & Committees Application
3 / 3
Q23
Upload your resume.
cv.pdf (25.6KB)
Q24
Ethnicity / Raza/etnia:
Q25
To which gender do you most identify?¿Con qué género se identifica más?
Q26
How old are you?¿Cuántos años tienes?
ROB AEDT
San Ra 94904
I am a recently retired corporate trial lawyer with interests and experience in public policy relating to electric bicycles, climate change, human rights, education and ESG/governance issues. I served in the Peace Corps in the Truk/Chuuk district and have a continuing interest in the Pacific Islands region. I am exploring volunteer and service opportunities where I can be productive and contribute to improving lives.
EDUCATION
Claremont Men’s College, graduated 1969
University of Virginia School of Law, graduated 1973
EXPERIENCE
Peace Corps Volunteer, Pulap Island, Truk/Chuuk, 1969-1970 Judicial clerkship 1973-1974. Federal District Court, Central District of California Pillsbury, Madison & Sutro, partner 1974-2003
Jones Day, partner. 2003-2022
OTHER ACTIVITIES
Member. MMWD Community Advisor Committee on E-bikes, 2019-2020 Co-founder of Ebike.Access.Org, dedicated to the safe and responsible riding of electric bicycles
Member, Marin County Human Trafficking Task Force
Lawyers Without Borders training for judges and prosecutors in Tanzania on enforcement of human trafficking, 2019
Training judges and prosecutors in Thailand on enforcement of human trafficking laws, 2019
Pro Bono practice focused on representing victims of human trafficking Speaker on enforcing human trafficking laws at 8th Asia Pro Bono Conference & Access to Justice Exchange, Nepal, 2019. (My participation was sponsored by the Rockefeller Foundation/US AID)
Past director of San Francisco Bar Association
Past officer of Lawyers Committee for Civil Rights
Extensive travel in Oceania, Asia, Africa, Europe and USA References provided upon request.
Minutes subject to approval at the 10/06/25 City Council Meeting
MINUTES
SAN RAFAEL CITY COUNCIL - MONDAY, SEPTEMBER 15, 2025
REGULAR MEETING AT 6:00 P.M.
San Rafael City Hall, Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Watch Online:
Watch on Webinar: https://tinyurl.com/city-council-2
Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 860-6190-5675#
This meeting will be held in-person. This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael.
How to participate in the meeting:
• You are welcome to come to the meeting and provide public comment in person. Each speaker will have 2-minutes to provide public comment per agenda item. • Submit your comments by email to [email protected] by 4:00 p.m. the day of the meeting.
If you experience technical difficulties during the meeting, please contact [email protected].
Present: Vice Mayor Bushey
Councilmember Hill
Councilmember Kertz
Councilmember Llorens Gulati
Mayor Kate
Absent: None
Also Present: City Manager Cristine Alilovich
City Attorney Robert Epstein
City Clerk Lindsay Lara
Mayor Kate called the meeting to order at 6:03 p.m. and invited City Clerk Lindsay Lara to call the roll. All members of the City Council were present.
Mayor Kate provided opening remarks, which included gratitude to City Staff, the recent acts of political violence across our nation and a land acknowledgment.
City Clerk Lindsay Lara informed the community that the in-person meeting would be recorded and streamed live to YouTube and through Zoom, and that there would be Spanish language interpretation. She noted the two-minute timer for public comment and closed captioning on Zoom.
OPEN SESSION – THIRD FLOOR CONFERENCE ROOM
1. None.
CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM
2. Closed Session: - None.
2 CITY MANAGER AND COUNCILMEMBER REPORTS:
(including AB 1234 Reports on Meetings and Conferences Attended at City Expense)
3. City Manager and Councilmember Reports:
City Manager Cristine Alilovich provided the following announcements and updates:
• National Preparedness Month Proclamation - Appreciation to our Office of Emergency Services, Fire and Police Departments
• Transit Month and alternative commute options
• Major Development Projects Map on City website – Interactive map of all development projects in neighborhoods across San Rafael
• Tomorrow, the County Board of Supervisors meeting to consider funding for a potential City park at 620 Canal Street
• Chamber of Commerce to host a Level Up Marin Employment Expo on Thursday, September 25 at B Street Community Center, 4-7 p.m.
• San Rafael Library at the Carnegie Building ribbon-cutting celebration to be held Saturday, September 20, 12-5 p.m.
• Announced upcoming community events:
o West End Block Party to be held Friday, September 19 and Friday, September 26, downtown from F to G, 6-9 p.m.
o Porchfest to be held Sunday, September 21, in the Gerstle Park neighborhood, 12-5 p.m.
o Movies in the Park (The Wild Robot) to be held Friday, September 26, at Gerstle Park, 6:45–8:45 p.m.
o Hops and Vines Stroll (presented by the Business Improvement District) to be held Saturday, September 27, downtown from Fourth to Lincoln, 2-6 p.m. o Marin Sanitary Service Customer Appreciation Day to be held Sunday, September 28, at 535 Jacoby Street, 9a.m. to 2 p.m.
City Councilmember Reports:
• Vice Mayor Bushey reported on a Marin Transit board meeting, a Central Marin Sanitation Agency board meeting, the Marin Presiding Judge Breiner’s Memorial Bench in Loch Lomond and a ribbon-cutting for the new playground at Peacock Gap Park. • Councilmember Llorens Gulati reported on Marin Transit, the 9/11 remembrance ceremony, the Canal Alliance Leadership Academy graduation and announced the Coastal Cleanup Day to be held this Saturday, September 20 at Pickleweed at 9 a.m. • Councilmember Kertz reported on the City/County Schools Quarterly meeting, the Ember Stomp event, the Aegis ribbon-cutting, Contempo’s Annual BBQ, the AgeFriendly San Rafael meeting and announced the Marin Senior Fair to be held Wednesday, September 17.
• Councilmember Hill reported on the Aegis ribbon-cutting and the Sun Valley Neighborhood Association meeting.
• Mayor Kate commented that her Report was covered by the councilmembers.
Mayor Kate invited public comment; however, there was none.
CONSENT CALENDAR:
Mayor Kate invited public comment; however, there was none.
Councilmember Hill provided comments on Agenda Item 4.e.
Councilmember Hill moved and Vice Mayor Bushey seconded to approve the Consent Calendar. 3 4. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Regular City Council Meeting of September 2, 2025 (CC) Approved minutes as submitted
b. Designation of Voting Delegate for the League of California Cities Annual Conference and Expo Designation of Councilmember Rachel Kertz as the City of San Rafael’s Voting Delegate for the League of California Cities Annual Conference General Assembly in Long Beach from October 8-10, 2025 (CM)
Approved Voting Delegate
c. Agreements for On-Call Planning and Environmental Consulting Services Resolution Authorizing the City Manager to Execute Professional Services Agreements with M-Group Consulting Services, Ratcliffe Consulting Services, and Allsep Planning for On-Call Planning and Environmental Consulting Services in an Amount Not to Exceed $200,000 for Each Agreement and Authorizing Supplemental FY 2025-26 Budget Appropriations Totaling $500,000 (CED)
Adopted Resolution 15457
d. Fiscal Year 2025-26 Local Measure AA Allocation
Resolution Authorizing the City Manager to Execute Funding Agreement A-FY26-11 with the Transportation Authority of Marin in the Amount of $1,312,825 in Measure AA Funding for FY 2025-26 (PW)
Adopted Resolution 15458
e. Transportation Authority of Marin Safe Pathways to Schools Funding Agreement Resolution Authorizing the City Manager to Execute Funding Agreement A-FY25-28 with the Transportation Authority of Marin and the City of San Rafael, Thereby Authorizing the Receipt of an Allocation of $1,100,000 in Measure AA Funding (PW) Adopted Resolution 15459
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
SPECIAL PRESENTATIONS
5. Special Presentations
Mayor Kate invited public comment; however, there was none. a. Presentation of Proclamation in Recognition of National Preparedness Month 2025 (FD) Mayor Kate presented the proclamation.
PUBLIC HEARINGS
6. Public Hearings
a. Triennial Building Code Ordinance Amendments
Adopt the Ordinance Amending Title 12 (Building Regulations) of the Municipal Code of the City of San Rafael, by Repealing Title 12 and Amending Title 12 Thereof; Adopting the 2025 Edition of the California Building Code, the California Residential Code, the California 4 Mechanical Code, the California Plumbing Code, the California Electrical Code, the California Existing Building Code, the California Green Building Standards Code, the California Energy Code, and the California Referenced Standards Code with Appendices and Amendments Herein; Adopting the 2024 Edition of the International Property Maintenance Code and the International Pool and Spa Code with Amendments; Amending Chapter 12.360 Single-Family Model Reach Code – FlexPath; Herein; and Adopting Findings of Fact Supporting the Amendments to the Code. (CED) Assistant Director of Community and Economic Development Greg Minor presented the Staff Report.
Mayor Kate invited public comment.
Speaker: Bill Carney, Sustainable San Rafael
City Councilmembers provided comments.
Councilmember Llorens Gulati moved and Councilmember Kertz seconded to adopt the Ordinance.
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Adopted Ordinance 2052
OTHER AGENDA ITEMS
7. Other Agenda Items
a. East San Rafael and Canal Community – Collective Plans in Action: Progress Report Informational Presentation on the East San Rafael and Canal Community Collective Plans in Action: Progress Report (CM)
City Manager Cristine Alilovich provided comments on the item and introduced Climate Justice and Engagement Manager Kerry Fugett, James Lima and Bella Conway from James Lima Planning and Development who presented the Staff Report.
Staff responded to questions from the City Council.
Mayor Kate invited public comment
Speakers: Name Withheld, Cruz Vargas, Nuestro Canal, Nuestro Futuro and Voces del Canal, Mario Ernesto Lopez, Marin Community Foundation, and Al Vetere.
Staff responded to questions raised during public comment.
City Councilmembers provided comments.
5 Councilmember Llorens Gulati moved and Councilmember Kertz seconded to receive the informational report and presentation.
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Received the informational report and presentation
OPEN TIME FOR PUBLIC EXPRESSION
None.
ADJOURNMENT:
Mayor Kate adjourned the meeting at 8:09 p.m.
__________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2025
_____________________________________
KATE COLIN, Mayor
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 5.b
Meeting Date: October 6, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community and Economic Development
Prepared by: Kristina Estudillo
Principal Planner
City Manager Approval: ______________
TOPIC: AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES FOR THE
DOMINICAN RESIDENTIAL DEVELOPMENT PROJECT AND ASSOCIATED SUPPLEMENTAL FISCAL YEAR 2025-2026 BUDGET APPROPRIATION SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO (1) EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) IN AN AMOUNT NOT TO EXCEED $675,221 FOR
ENVIRONMENTAL CONSULTING SERVICES FOR THE DOMINICAN RESIDENTIAL DEVELOPMENT PROJECT (PLAN 23-081) LOCATED AT ASSESSOR’S PARCEL NUMBER (APN) 015-163-03 AND (2) APPROPRIATE SUPPLEMENTAL FISCAL YEAR (FY) 2025-2026 BUDGET APPROPRIATIONS TOTALING $675,221
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to (1) enter into a professional services agreement with Environmental Science Associates (ESA) for environmental consulting services in an amount not to exceed $675,221 and (2) appropriate supplemental fiscal year (FY) 2025-2026 Budget Appropriations totaling $675,221.
BACKGROUND:
In December 2023, the Community and Economic Development (CED) Department received an application for a residential development project on a 20.79-acre site located at the intersection of Magnolia Avenue and Deer Park Avenue (Dominican Residential Development Project). The applicant for the project is Dominican Valley LLC, and Dominican University previously owned the site and was part of the Dominican College Campus Development Plan. The application was determined to be complete for the purposes of application processing in October 2024, and staff subsequently initiated the environmental review process.
The proposed Dominican Residential Development Project involves subdividing the project site into 50 parcels and constructing 50 residential units, along with 14 Junior Accessory Dwelling Units (JADUs).
The 50 residential units include the following types of housing:
• 27 single-family homes, ranging from 2,612 to 3,215 square feet (sf) • 17 townhomes, ranging from 1,150 to 1,390 sf
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
o 14 attached JADUs
• 6 duplex units consisting of 1,705 sf each
As part of the application review process, the CED Department has analyzed the project for compliance with California’s Environmental Quality Act (CEQA). Based on the preliminary review of the project, the CED Department has determined that a full-scope Environmental Impact Report (EIR) covering all the topical issues associated with the project must be prepared to comply with CEQA.
As the City lacks the capacity and subject matter expertise to conduct the EIR, on May 2, 2025, CED staff published a Request for Proposals (RFP) to identify a firm to undertake the CEQA review for this project. In response, the CED Department received proposals from four interested firms. CED staff then held a series of interviews in July 2025 to ascertain which firm is the most qualified to conduct the CEQA review for a project of this nature. Subsequently, CED staff identified ESA as the most qualified firm for this project based on their CEQA expertise, track record, experience with complex housing development projects, and familiarity with state housing legislation.
ANALYSIS:
Adopting the proposed resolution will authorize the City Manager to execute a professional services agreement with ESA to complete an EIR for the Dominican Residential Development Project. CED staff selected ESA after undergoing a formal competitive procurement process, and CED staff have identified ESA as the best qualified firm to complete the work required. ESA’s completion of an EIR will ensure that the Dominican Residential Development Project complies with CEQA, which in turn provides the City with a process to evaluate any environmental impacts of the project and strategies to address these impacts.
FISCAL IMPACT:
Approval of the staff recommendation would authorize a professional services agreement with ESA in an amount not to exceed $675,221. The project applicant is responsible for any costs incurred by the City in processing their application, including the cost of an environmental consultant conducting CEQA review for their development application. Thus, a supplemental FY 2025-26 budget appropriation is being requested within the City’s Development Services Fund (207) in the amount of $675,221 to reflect funding provided by the project applicant, as well as to appropriate funding for the proposed contract. To cover CED staff time overseeing the accounting of this project, the CED Department will require the project applicant to pay an additional ten percent administrative fee as prescribed in the Master Fee Schedule.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Authorize the City Manager to enter into the agreement.
2. Authorize the City Manager to enter into the agreement with modifications.
3. Direct staff to return with more information.
4. Take no action.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to (1) enter into a professional services agreement with Environmental Science Associates (ESA) for environmental consulting services in an amount not to exceed $675,221 and (2) appropriate supplemental fiscal year (FY) 2025-2026 Budget Appropriations totaling $675,221.
ATTACHMENTS:
1. Resolution
2. Professional Services Agreement with ESA
RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY MANAGER TO (1) EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) IN AN AMOUNT NOT TO EXCEED $675,221 FOR ENVIRONMENTAL CONSULTING SERVICES FOR THE DOMINICAN RESIDENTIAL DEVELOPMENT PROJECT (PLAN 23-081) LOCATED AT ASSESSOR’S PARCEL NUMBER (APN) 015-163-03 AND (2) APPROPRIATE SUPPLEMENTAL FISCAL YEAR (FY) 2025-2026 BUDGET APPROPRIATIONS TOTALING $675,221
WHEREAS, the City of San Rafael’s Community and Economic Development (CED) Department is processing a Tentative Subdivision Map and Major Environmental Design Review application for the proposed Dominican Residential Development Project (PLAN23-081), located at Marin County Assessor’s Parcel Number (APN) 015-163-03; and
WHEREAS, the project requires environmental review under the California Environmental Quality Act (CEQA); and
WHEREAS, CED staff published a Request for Proposals (RFP) for preparation of CEQA documentation for the proposed project on May 2, 2025, and subsequently received four proposals from interested firms; and
WHEREAS, CED staff reviewed the proposals and held a series of interviews in July 2025 to ascertain which was the most qualified firm to conduct the environmental review for a project of this nature; and
WHEREAS, CED staff identified Environmental Science Associates (ESA) as the most qualified firm because of their experience with complex housing development projects, understanding of recent changes to State law, and their proposed approach; and
WHEREAS, the project applicant is responsible for reimbursing the City for the costs incurred by the City in processing its development application, including preparation of CEQA documents; and WHEREAS, the cost of preparing the CEQA document for the Dominican Residential Development Project will be paid through a reimbursement agreement between the CED department and the project applicant.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael finds the foregoing recitals are true and correct, and authorizes the City Manager or their designee to execute a professional services agreement with Environmental Science Associates (ESA) for an amount not to exceed $675,221; and
FURTHER RESOLVED, that the City Council authorizes supplemental budget appropriations of $675,221 within the Development Services Fund (207) to support these agreements, via increased planning fee revenues received from the Dominican Residential Development Project applicant.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a special meeting of the City Council of said City held on Monday, the 6th day of October 2025, by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_______________________
LINDSAY LARA, City Clerk
_ _ _
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
Agenda Item No: 5.c
Date: October 6, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Fire
Prepared by: Paul Bernard, Battalion Chief
Thomas Wong, Sr. Mgmt. Analyst
City Manager Approval:
TOPIC: REPLACEMENT OF FIRE HOSES AND NOZZLES
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE ORDERS FOR FIREFIGHTING HOSES FROM L.N. CURTIS & SONS, INC., IN AN AMOUNT NOT TO EXCEED $82,506, AND FOR HOSES AND NOZZLES FROM ALLSTAR FIRE EQUIPMENT INC., IN AN AMOUNT NOT TO EXCEED $152,718 RECOMMENDATION:
Staff recommends that the City Council adopt the resolution authorizing the City Manager to execute purchase orders for firefighting hoses from L.N. Curtis & Sons, Inc., in an amount not to exceed $82,506, and for hoses and nozzles from Allstar Fire Equipment Inc., in an amount not to exceed $152,718.
BACKGROUND:
The delivery of water to a fire scene is made possible through two critical tools: fire hoses and nozzles.
Fire hoses transport water from the pump on the fire apparatus to the nozzle, which the firefighter controls to apply water directly to the fire. Both components are essential to effective firefighting operations, and the performance of each directly impacts the safety and success of fire suppression efforts.
San Rafael fire engines come equipped with a standard complement of nozzles. These nozzles are typically replaced when a fire apparatus is replaced or when nozzles become worn from regular use.
Much of the current nozzle inventory in the San Rafael Fire Department is approaching the end of its service life due to wear and tear, as well as the unavailability of replacement parts for older models. To maintain optimal firefighting performance, the Fire Department is seeking to replace its most frequently used nozzles.
Fire hoses are another vital piece of equipment carried by San Rafael fire engines, with each engine equipped with over three-quarters of a mile of various hose sizes. Only three of the department’s nine fire engines currently meet the National Fire Protection Association’s (NFPA) recommended 10-year lifespan for hoses, meaning a significant portion of our hose inventory is overdue for replacement.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
For optimal performance, nozzles must be correctly matched with compatible fire hoses to deliver water at the desired flow rate, pressure, and spray pattern. Currently, San Rafael’s hose inventory does not meet the specifications required by the new nozzles, which hinders the Fire Department’s ability to maximize the efficiency and effectiveness of our firefighting operations. Replacing outdated hoses alongside the nozzles will ensure the system functions cohesively, delivering the required water flow and pressure to safely and efficiently suppress fires.
ANALYSIS:
A committee of Fire Department members conducted a thorough evaluation of fire hoses from three reputable suppliers: Key Hose, Matex, and American Hose. After extensive testing and review, the committee unanimously selected Key Hose as the preferred supplier due to its superior performance, particularly at lower operating pressures. This is a critical factor in ensuring consistent and reliable water delivery during fire suppression operations.
Key Hose was chosen based on several key factors:
• Maneuverability and Handling: The hoses demonstrated excellent ease of handling for firefighters, enabling them to perform efficiently in high-stress, dynamic environments. • Resistance to Kinks: Key Hose exhibited a significant reduction in kinking compared to other options, which improves water flow consistency and enhances operational effectiveness. • Adaptability: The hose easily integrates with our current fire apparatus configurations, minimizing the need for costly or time-consuming modifications to our existing equipment.
New nozzles have been carefully selected for their higher water stream performance, simpler design, easier maintenance, and overall lower cost, making them both operationally effective and fiscally responsible.
Purchasing hoses and nozzles concurrently will ensure full compatibility between the hose and nozzle systems, improving water flow and delivery performance. The Fire Department will also benefit from increased operational reliability and enhanced firefighting capabilities, leading to more effective responses to emergencies.
The Fire Department issued a formal request for bids in accordance with City’s Purchasing guidelines on August 18, 2025. Four bids were received by the deadline of September 9, 2025. Bids were submitted by Key Hose, Elkhart Nozzles, Allstar Fire Equipment, L.N. Curtis & Sons, Inc. The low bid for Snap-tite hose was received from L.N. Curtis & Sons, Inc.
Both selected vendors were found to have been responsive and have provided quotes matching their bids, as attached.
FISCAL IMPACT:
The total cost of purchasing hoses and nozzles is $235,224. Funding is provided through appropriations included in the FY 2025-26 approved budget, within the Fire Department Equipment Replacement Fund (Fund 625). While funding is available for this purchase, future Fire Department equipment replacement needs exceed the available balance (Fund 625). This shortfall is estimated to increase by about $170,000 annually, which will require the City to identify and secure additional revenues.
OPTIONS:
The City Council has the following options to consider:
1. Adopt the resolution authorizing the city manager to execute purchase orders for firefighting SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
hoses from L.N. Curtis & Sons, Inc., in an amount not to exceed $82,506, and for hoses and nozzles from Allstar Fire Equipment Inc., in an amount not to exceed $152,718.
2. Do not adopt the resolution approving the purchases.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt the resolution authorizing the City Manager to execute purchase orders for firefighting hoses from L.N. Curtis & Sons, Inc., in an amount not to exceed $82,506, and for hoses and nozzles from Allstar Fire Equipment Inc., in an amount not to exceed $152,718.
ATTACHMENTS:
1. Resolution
2. Quote from Allstar Fire Equipment Inc.
3. Quote from L.N. Curtis & Sons Inc.
RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE ORDERS FOR FIREFIGHTING HOSES FROM L.N. CURTIS & SONS, INC., IN AN AMOUNT NOT TO EXCEED $82,506, AND FOR HOSES AND NOZZLES FROM ALLSTAR FIRE EQUIPMENT INC., IN AN AMOUNT NOT TO EXCEED $152,718 WHEREAS, fire hoses and nozzles are critical tools for delivering water to a fire; and WHEREAS, each San Rafael fire engine has a standard complement of nearly ¾ miles of hoses and nozzles; and
WHEREAS, the National Fire Protection Association (NFPA) recommends hoses be replaced every 10 years; and
WHEREAS, over 65% of the Fire Department's hoses exceed this recommended standard; and
WHEREAS, a committee of Fire Department members conducted a thorough evaluation of hoses and nozzles and selected specific models; and
WHEREAS, pursuant to Chapter 2.55 of the San Rafael Municipal Code, on August 18, 2025, the City issued a request for bids for firefighting hoses and nozzles; and WHEREAS, L.N. Curtis & Sons, Inc. and Allstar Fire Equipment, Inc., were the lowest, responsive, responsible bids; and
WHEREAS, funding to support the purchase of hoses and nozzles is provided through appropriations included in the FY2025-26 budget (Fire Department Equipment Replacement Fund);
NOW, THEREFORE, BE IT RESOLVED, that the foregoing recitals are true and correct and City Council of the City of San Rafael hereby authorizes the City Manager to purchase firefighting hoses from L.N. Curtis & Sons, Inc., in an amount not to exceed $82,506, and hoses and nozzles from Allstar Fire Equipment Inc., in an amount not to exceed $152,718.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 6th day of October 2025, by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_____________________
Lindsay Lara, City Clerk
SALES QUOTE
12328 Lower Azusa Road 2613 Barrington Court SRFD091125 Arcadia, CA 91006 Hayward, CA 94545 Written By
(626) 652-0900 (510) 887-6295 Justin Eldridge
San Rafael Fire Department Ship To: Same
1375 5th Street Attn: Jimmy Alvarez
San Rafael, CA 94901
Phone: Email:
Date Date Required Cust. Order # Tax Exempt # Terms F.O.B. Salesperson Ship Via Quantity U/M Price Amount
38 EA 398.80 15,154.40
38 EA 166.55 6,328.90
20 EA 517.80 10,356.00
20 EA 166.55 3,331.00
160 EA 359.00 57,440.00
192 EA 245.00 47,040.00
Subtotal $139,650.30
Comments:
Sales Tax 9.250% $12,917.65
Freight $150.00
Total $152,717.95
Quote Expires in 30
Days
Bunker Drop Ship
Description
Bill To:
9/11/2025 QUOTE
Elkhart 0033XD0F-010100010A XD Shutoff 1.5"
Inlet with 1.5" Outlet, NO Pistol Grip, 1-3/8"
Waterway, Bale Color: Black
Laser Etching: Logo
Elkhart 66755007 187-XD Smooth Bore
7/8" with 1.5" Inlet, Bumper Color: Black
Elkhart 0069XD0F-010100010A XD Shutoff 2.5"
Inlet with 1.5" Outlet, NO Pistol Grip, 1-3/8"
Waterway, Bale Color: Black
Laser Etching: Logo
Key DP25-1000 Combat Ready Double Jacket
Through-the-Weave Attack Hose, 2.5" x 50'
Coupled with 2.5" NST,
Color: Green
Stencil Both Ends: TBD
Key DP17-100S Combat Sniper All Polyester Nitrile
Lined Fire Hose, 1.75"x 50', CPLD 1.5" NST,
Color: (56) Red, (56) Blue, (40) Orange,
(40) Yellow
Stencil Both Ends: TBD
Net 30 Origin
Elkhart 66759007 187-XD Smooth Bore
1-1/8" with 1.5" Inlet, Short Barrel,
Bumper Color: Black
Ph: 510-839-5111
TF: 800-443-3556
[email protected]
UEI#: DDLSADSWN7U7
Pacific North Division
6723 Sierra Court, Suite C
Dublin, CA 94568
www.LNCurtis.com
Quotation
CUSTOMER: SHIP TO:
San Rafael City Fire
Department CA
1375 Fifth Avenue
San Rafael CA 94901
San Rafael City Fire Department
CA
52 Union Street
San Rafael CA 94901
QUOTATION NO. ISSUED DATE EXPIRATION DATE
358223 09/09/2025 10/09/2025
SALESPERSON CUSTOMER SERVICE REP
Shawn Sweeney
[email protected]
530-308-9575
Diana Limbrick
[email protected]
510-268-3362
REQUISITION NO. REQUESTING PARTY CUSTOMER NO. TERMS OFFER CLASS Wong Snap tite Thomas Wong C35881 Net 30 FR
F.O.B. SHIP VIA DELIVERY REQ. BY
DEST Standard Shipping
NOTES & DISCLAIMERS
Thank you for this opportunity to quote. We are pleased to offer requested items below. If you have any questions, need additional information, or would like to place an order, please contact your Customer Service Rep as noted above.
Safety Warning Notice: Products offered, sold, or invoiced herewith may have an applicable Safety Data Sheet (SDS) as prepared by the manufacturer of the product. The SDS is provided with the product. In addition, manufacturer’s safety and/or warning notices, instructions and information relating to the proper use and care of the product is provided with the product. All applicable SDS, safety and/or warning notices, instructions and other information provided with the product should be thoroughly read, reviewed, and understood prior to handling, distributing, using, reselling, or servicing any and all products provided by Curtis. Materials utilized to clean, repair, maintain and/or service your owned equipment, as well as Curtis owned equipment, may contain per-and polyfluoroalkyl substances (PFAS) to meet national standards or original equipment manufacturer specifications. For other important product notices and warnings, or to request an SDS, product specifications, manufacturer’s safety notices, instructions and/or warning notices, please contact Curtis or visit https://www.lncurtis.com/product-notices-warnings Transportation is included in below pricing.
LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 1 128 EA HFX40X50Y35N
SNAP-TITE
4X50' Cpld 3.5NH Yellow Hfx Nitrile
Rubber Hose
$485.00 $62,080.00
2 64 EA HFX15X50R15N
SNAP-TITE
1.5X50' Cpld 1.5NH Red Hfx Nitrile
Rubber Hose
$210.00 $13,440.00
Ph: 510-839-5111
TF: 800-443-3556
[email protected]
UEI#: DDLSADSWN7U7
Pacific North Division
6723 Sierra Court, Suite C
Dublin, CA 94568
www.LNCurtis.com
LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE Small Business
CAGE Code: 5E720
SIC Code: 5099
Federal Tax ID: 94-1214350
UEI #DDLSADSWN7U7
This pricing generally remains firm until 10/09/2025. Pricing is subject to change if product is affected by the implementation of a tariff. Contact us for updated pricing after this date.
Due to market volatility, global supply chain pressures, and supply shortages, we recommend contacting your local L.N. Curtis and sons office prior to placing your order to confirm pricing and availability. This excludes our GSA Contract and other Fixed Price Contracts which are governed by contract-specific prices, terms, and conditions.
Subtotal $75,520.00
Estimated Tax Total $6,985.60
Transportation $0.00
Total $82,505.60
View Terms of Sale and Return Policy
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
Agenda Item No: 5.d
Meeting Date: October 6, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Digital Service & Open Government
Prepared by: Sean Mooney, Director City Manager Approval: ______________ TOPIC: WIRELESS ACCESS POINT UPGRADE
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE
ORDER FOR THE REPLACEMENT OF WIRELESS ACCESS POINTS, IN AN AMOUNT NOT TO EXCEED $128,299
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the purchase of replacement wireless access points in an amount not to exceed $128,299.
BACKGROUND:
Wireless access points (WAPs) are critical for providing reliable and high-speed internet access for mobile devices throughout the City's facilities. With the increasing reliance on digital services and online platforms for both staff and public use, maintaining an efficient and up-to-date Wi-Fi network is essential to support a mobile-friendly workforce. The City's current Wi-Fi network was last comprehensively updated before 2020 and is no longer supported by Cisco Systems. This purchase allows us to ensure robust and uniform connectivity across all facilities, supporting the digital infrastructure necessary for the City's operations and public services.
ANALYSIS:
This upgrade is necessary because the previous wireless system has reached its end of life and is no longer supported by Cisco Systems. This lack of support presented challenges to maintaining the reliability and security of the City’s Wi-Fi network. By upgrading to the Meraki Catalyst access points, the City will benefit from significant improvements to the network, including advanced monitoring and cloud capabilities, allowing for real-time management and troubleshooting.
The cloud-based system offers enhanced visibility into network performance, enabling the prompt identification and resolution of any issues. Additionally, the Meraki Catalyst access points will deliver more robust and reliable connectivity, supporting the increasing demand for high-speed internet access across all City facilities.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Over the past month, the Digital and Xantrion team were able to upgrade wireless access points at the San Rafael B Street Community Center and the Public Works Facility at 111 Morphew Street in advance of audio/video improvements in conference rooms. This quote represents the balance of remaining wireless access points at other facilities that need to be upgraded to ensure consistency across our network.
FISCAL IMPACT:
The total amount of the proposed purchase is $128,299. Funding to support this purchase is provided within the approved fiscal year (FY) 2025-26 budget through appropriations within the Technology Fund (Fund 612). This purchase does not require a new agreement because the managed service agreement with Xantrion includes the maintenance of existing networks and technology.
OPTIONS:
The City Council has the following options to consider:
1. Adopt a resolution authorizing the City Manager to execute the purchase of replacement wireless access points in an amount not to exceed $128,299.
2. Direct staff to return with more information.
3. Take no action.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the purchase of replacement wireless access points, in an amount not to exceed $128,299.
ATTACHMENTS:
1. Resolution
2. Wireless Access Point Quote
RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER
FOR THE REPLACEMENT WIRELESS ACCESS POINTS, IN AN AMOUNT NOT TO EXCEED $128,299
WHEREAS, Wireless access points (WAPs) are critical for providing reliable and highspeed internet access for mobile devices throughout the City's facilities; and WHEREAS, the City's current Wi-Fi network was last comprehensively updated before 2020 and is no longer supported by Cisco Systems; and
WHEREAS, the City has a managed service agreement with Xantrion, Inc. (“Xantrion”) to provide information technology services and project support; and WHEREAS, our agreement with Xantrion includes support for internal upgrades and projects without additional agreements; and
WHEREAS, City funds in the amount of $128,299 are budgeted and available for expenditure in the FY 2025-26 Technology Fund:
NOW, THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the City Manager to execute a purchase order for the replacement wireless access points in an amount not to exceed $128,299 covered in Fiscal Year 2025-26.
I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on Monday, the 6th day of October 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
Lindsay Lara, City Clerk
We have prepared a quote for you
SR#1556367 - Quote - Meraki Wireless Access Points
to Replace WLC - Direct - Quote 1
Quote # 004627
Version 1
Prepared for:
City of San Rafael
Tessa Rudnick
[email protected]
Xantrion, Inc.
3675 Mt Diablo Blvd
Suite 100B
Lafayette, CA 94549
[email protected]
Hardware - Taxable
Description Price Qty Ext. Price
CW9164I-MR Meraki Catalyst CW9164I Tri Band IEEE 802.11ax 7.49 Gbit/s Wireless Access Point - 2.40 GHz, 5 GHz, 6 GHz - Internal - MIMO Technology - 1 x Network (RJ-45) - 2.5 Gigabit Ethernet - Desktop, Ceiling Mountable, Wall Mountable, Junction Box Mount, Flush Mou
$927.97 89 $82,589.33
CW9163E-MR Meraki Catalyst CW9163E Tri Band Wi-Fi 6E IEEE 802.11a/b/g/n/h/d/r/ac/ax 3.90 Gbit/s Wireless Access Point - Indoor/Outdoor - 2.40 GHz, 5 GHz, 6 GHz - External - MIMO Technology - 1 x Network (RJ-45) - 2.5 Gigabit Ethernet, Gigabit Ethernet - Wall Mountab
$852.47 1 $852.47
CW-ANT-O1-NS00Meraki Antenna - Range - RF - 5 GHz, 6 GHz - 3 dB - 8 dBi - Wireless Access PointDirect/Pole Mount - Omni-directional - N-Type Connector $92.98 4 $371.92
P - Acquisition
Fee Taxable
Specification and Acquisition fee for taxable purchases $8,381.33 1 $8,381.33 Subtotal: $92,195.05
Software
Description Price Qty Ext. Price
LIC-MR-ADV-3Y Meraki MR Advanced License and Support, 3YR $278.54 90 $25,068.60 P - Acquisition
Fee non-tax
Parts specification and acquisition fee for hardware and software nontaxable purchases.$2,506.83 1 $2,506.83 Subtotal: $27,575.43
Quote #004627 v1 Page: 2 of 3
Xantrion, Inc.
3675 Mt Diablo Blvd
Suite 100B
Lafayette, CA 94549
[email protected]
SR#1556367 - Quote - Meraki Wireless Access Points to Replace WLC - Direct - Quote 1 Prepared by: Shipping To: Quote Information:
Xantrion, Inc. City of San Rafael Quote #: 004627
Molly Sanderson
510-272-4701
[email protected]
1400 5th Ave
First Floor
San Rafael, CA 94901
Tessa Rudnick
(415) 485-3076
[email protected]
Version: 1
Delivery Date: 09/11/2025
Expiration Date: 12/17/2025
Quote Summary
Description Amount
Hardware - Taxable $92,195.05
Software $27,575.43
Subtotal: $119,770.48
Estimated Tax: $8,528.03
Total: $128,298.51
Taxes, shipping, handling, and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors. Parts and Acquisition, equal to 10% of the purchase price of the products, will be added to all invoices. If missing from the quote, please know that it will be added in invoicing, unless noted otherwise.
PLEASE NOTE: THIS QUOTE IS NOT AN INVOICE. QUOTE PRICES ARE AN ESTIMATE. FINAL PRICES MAY CHANGE ON THE FINAL INVOICE RECEIVED.
Xantrion Oakland City of San Rafael
Signature:
Name: Molly Sanderson
Title: Dispatcher II
Date: 09/11/2025
Signature:
Name:
Date:
Quote #004627 v1 Page: 3 of 3
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
Agenda Item No: 5.e
Meeting Date: October 6, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Digital Service & Open Government
Prepared by: Sean Mooney, Director City Manager Approval: ______________ TOPIC: INFORMATION TECHNOLOGY SERVICES AGREEMENT RENEWAL SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GENERAL SERVICE AGREEMENT WITH XANTRION, INC., FOR INFORMATION TECHNOLOGY SERVICES FROM NOVEMBER 1, 2025, THROUGH OCTOBER 31, 2026, IN AN AMOUNT NOT TO EXCEED $1,207,200.
RECOMMENDATION:
Staff recommends that the City Council adopt the resolution authorizing the City Manager to execute a general service agreement with Xantrion, Inc., for information technology services from November 1, 2025, through October 31, 2026, in an amount not to exceed $1,207,200.
BACKGROUND:
In May 2019, the Department of Digital Service and Open Government published a Request for Proposals for a managed-service provider to address the City’s information technology systems and assembled an evaluation team with representatives from the Police, Fire, Library & Recreation, and Public Works departments. The City received eight proposals. At the end of the evaluation process, Xantrion was selected as the preferred vendor to partner with the City by providing the following services:
• Technical support (“help desk”)
• Network, server, and database administration
• Equipment purchasing
• User account management
• Data backup and recovery
• Network monitoring and security
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The City entered into an agreement with Xantrion in October 2019 for managed information technology (IT) services across all City departments. The City Council has approved renewing that one-year agreement for the past five years.
Over the past six years, Xantrion has helped the City enhance cybersecurity, supported network projects and Citywide network resilience, streamlined day-to-day technical support, improved customer service, and standardized user management and purchasing. As of August 31, 2025, Xantrion has resolved 5,621 processed support tickets since September 1, 2024 (an increase of 36.33% from that same period last year). Xantrion continues to offer the City a high-quality level of service with an average acknowledgment time for incoming tickets of 5.21 minutes and a median acknowledgment time of 2 minutes. The average resolution time for a ticket is 5.27 hours, and the median resolution time for tickets this year is 1.13 hours.
Over the last year, Xantrion has completed the following IT projects:
• Proactive computer replacement – Replaced 70 end-of-life computers and worked with staff to migrate their software, files, and settings to the new systems. • Migrated the A & C Street garages to the City-owned fiber network – This infrastructure project allows the A & C Street garages to leverage the city-owned fiber optics that connect to the Public Safety Center for network connectivity, increasing bandwidth, adding redundancy, and providing enough network capacity to install new surveillance cameras. • Teams Phone Migration– Migrating the City’s end-of-life on-premises phone system to a VOIP cloud solution using Microsoft Teams Phone. Working with departments and vendors to verify that numbers, users, call queues, auto attendants, etc., are successfully migrated. • Configured Single Sign On for cloud systems – Streamlined staff access and improved security by relying on the City’s identity and access management system, including multi-factor authentication (MFA), for the following applications:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
o OpenGov – Asset Management, Permitting, Budgeting, Procurement, Tax Collection, and Financial Management
o DocuSign – Electronic Signature Platform
o Everlaw – Litigation and E-Discovery Data Management
• Public Library Main Downtown Move Back – Deployed IT infrastructure, networking equipment, WI-FI, telephones, and relocated computers and printers. • Sanitation District Discovery – Discovering the eventual technological needs to transfer and migrate technology to Sanitation’s proposed new location. • Meraki Wireless Access Point Deployment (ongoing) – Have completed deployments at Terra Linda, B. Street community center, and Department of Public Works. • Tyler ERP cloud environment migration (ongoing) – Set up the cloud environment for the City’s Tyler MUNIS ERP project, including configuring single sign-on for user accounts, and supported implementation of the Tyler MUNIS ERP system. • B Street MIDAS Off-boarding (discovery and ongoing) – migrate site from MIDAS to PSC Dark Fiber circuit and backup CALNET ISP. Also, initialize and set up new network equipment. • Terra Linda MIDAS Off-boarding (discovery and ongoing) - migrate site from MIDAS to regular CALNET ISP. Also, initialize and set up new network equipment. • Windows 2012 Server Upgrades (finally completed with retirement of ShoreTel server in recent months) - Worked with departments and vendors to migrate a line of business applications on 12 end-of-life servers to modern servers. • Public Safety Network Redesign (completed in early November 24) - Redesigned the network connectivity between SRPD IT resources and MIDAS/neighboring agencies for the City to take control of the network boundary between the various networks. • Governance, Risk, and Compliance (ongoing) – Conducted discovery and planning for a Citywide IT governance, risk, and compliance framework and profile. Currently, we are developing policies and a cybersecurity roadmap to support future business continuity and disaster recovery plans.
ANALYSIS:
The November 1, 2024 – October 31, 2025, agreement with Xantrion costs $1,166,700. Xantrion has proposed a 3.47% increase in monthly fees to accommodate increases in operational costs related to the consumer price index and inflation. Monthly costs within our agreement also include monthly backup of City data and hosting of our Security Event and Information Management (SEIM) system, which helps detect, analyze, and respond to potential security threats.
The proposed renewal is for one year, beginning November 1, 2025, and ending October 31, 2026.
Xantrion’s price for service remains competitive, and their service level and customer satisfaction with City staff remain high.
2024-25 2025-26
(3.47% increase)
Annual Cost $1,166,700 $1,207,200
FISCAL IMPACT:
The total amount of the proposed new agreement is $1,207,200. Funding to support this contract is provided within the approved fiscal year (FY) 2025-26 budget through appropriations within the Technology Fund (Fund 612).
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
OPTIONS:
The City Council has the following options to consider:
1. Authorize the City Manager to execute a general service agreement with an addendum with Xantrion, Inc., for information technology services from November 1, 2025, through October 31, 2026, in an amount not to exceed $1,207,200.
2. Direct staff to return with more information.
3. Take no action.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt the resolution authorizing the City Manager to execute a general service agreement with Xantrion, Inc., for information technology services from November 1, 2025, through October 31, 2026, in an amount not to exceed $1,207,200.
ATTACHMENTS:
1. Resolution
2. Xantrion General Service Agreement and Addendum
RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GENERAL SERVICE AGREEMENT WITH XANTRION, INC., FOR INFORMATION TECHNOLOGY SERVICES FROM NOVEMBER 1, 2025, THROUGH OCTOBER 31, 2026, IN AN AMOUNT NOT TO EXCEED $1,207,200
WHEREAS, the City of San Rafael requires ongoing technical assistance with the administration and support of its technology systems in order to maintain their operational effectiveness and respond to departments’ requests for services (“information technology services”); and
WHEREAS, Xantrion, Inc. (“Xantrion”) is an experienced provider of managed information technology services and has successfully been providing such services to the City for the past six years; and Xantrion is willing to continue to provide information technology services to the City; and
WHEREAS, pursuant to San Rafael Municipal Code Section 2.55.100.D, professional services are exempt from competitive bidding; and
WHEREAS, the City desires to enter into a renewed agreement with Xantrion to provide information technology services to the City for a one-year term beginning November 1, 2025, and ending October 31, 2026; and
WHEREAS, City funds in the amount of $1,207,200 are budgeted and available for expenditure in the FY 2025-26 Technology Fund.
NOW, THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the City Manager to execute a General Service Agreement with Xantrion, Inc., for information technology services from November 1, 2025 through October 31, 2026 in an amount not to exceed $1,207,200 covered in Fiscal Year 2025-26, with the remainder pending approval for Fiscal Year 2026-27, in the form included with the Staff Report for the City Council’s October 6, 2025 regular meeting, subject to final approval as to form by the City Attorney.
I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on Monday, the 6th day of October 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
Lindsay Lara, City Clerk
866.926.8746 1 www.xantrion.com
15834843.4
GENERAL SERVICE AGREEMENT
XANTRION INC.
AND
CITY OF SAN RAFAEL
866.926.8746 2 www.xantrion.com
15834843.4
TABLE OF CONTENTS
1 Services ................................................................................................................................................. 4
1.1 Statement of Work ....................................................................................................................... 4
1.2 Personnel ...................................................................................................................................... 4 2 Terms of Payment ................................................................................................................................. 4
2.1 Services Fees; Equipment and Software Costs ............................................................................. 4
2.2 Overdue Payments........................................................................................................................ 5
2.3 Taxes ............................................................................................................................................. 5 3 Term, Termination ................................................................................................................................ 5
3.1 Term .............................................................................................................................................. 5
3.2 Termination for Convenience ....................................................................................................... 5
3.3 Termination for Cause .................................................................................................................. 5
3.4 Effect of Termination .................................................................................................................... 6
3.5 Survival. ......................................................................................................................................... 6 4 Equipment, Software and Supplies ....................................................................................................... 6
4.1 Equipment; Software; Supplies ..................................................................................................... 6
4.2 Limited Warranty .......................................................................................................................... 7 5 Independent Contractor Status ............................................................................................................ 7 6 Non-Solicitation .................................................................................................................................... 7 7 Unauthorized Access to Data or Use of the Services ............................................................................ 7 8 No Warranties; Limitations of Liability; Indemnification ...................................................................... 8
8.1 No Warranties ............................................................................................................................... 8
8.2 Limitation of Liability .................................................................................................................... 8
8.3 Indemnification ............................................................................................................................. 8 9 Confidentiality ....................................................................................................................................... 9
9.1 Definition ...................................................................................................................................... 9
9.2 Confidentiality ............................................................................................................................... 9
9.3 Access to Systems ......................................................................................................................... 9 10 Compliance ......................................................................................................................................... 10
10.1 Protection of Personally Identifiable Information ...................................................................... 10
10.2 Compliance with Laws Applicable to Client ................................................................................ 10
10.3 Compliance with Software Manufacturer’s Licensing and Allowed Usage Requirements......... 11 11 Security Incident Response ................................................................................................................. 11
11.1 Obligations .................................................................................................................................. 11
11.2 Disclaimer ................................................................................................................................... 11 13 Other Insurance Provisions ................................................................................................................. 12 14 Harassment Free Workplace; Nondiscrimination ............................................................................... 13 15 Miscellaneous ..................................................................................................................................... 13
15.1 Notices ........................................................................................................................................ 13
15.2 Governing Law ............................................................................................................................ 13
15.3 Remedies .................................................................................................................................... 13
15.4 Dispute Resolution; Attorney’s Fees ........................................................................................... 13
15.5 Force Majeure ............................................................................................................................. 15 866.926.8746 3 www.xantrion.com
15834843.4
15.6 Headings ..................................................................................................................................... 15
15.7 Severability ................................................................................................................................. 15
15.8 No Waiver ................................................................................................................................... 15
15.9 No Assignment ............................................................................................................................ 15
15.10 City Business License / Other Taxes. ........................................................................................... 16
15.11 Entire Agreement; Modification ................................................................................................. 16 16 Counterparts ....................................................................................................................................... 17 Exhibit A -Addendum To The General Service Agreement Information Technology Services 19 866.926.8746 4 www.xantrion.com
15834843.4
GENERAL SERVICE AGREEMENT
This General Service Agreement, including any attachments referenced herein and made a part hereof (this “Agreement”), is entered into as of November 1, 2025 (the “Effective Date”), by and between Xantrion, Inc., a California corporation (“Xantrion”), with offices at 3675 Mount Diablo Blvd, Suite 100B, Lafayette, CA 94549, and City of San Rafael with offices at 1400 Fifth Avenue, San Rafael, CA 94901 (“Client”). 1 Services
1.1 Statement of Work
Xantrion shall provide the services (the “Services”) as described in the Addendum To The General Service Agreement Information Technology Services of even date herewith, attached as Exhibit A hereto and incorporated herein by reference ("Addendum"). The Services shall be performed and delivered in a workmanlike manner in accordance with generally recognized industry standards for computer consultants performing similar services.
1.2 Personnel
Xantrion, acting as an independent contractor, shall engage employees, consultants, or subcontractors (“Xantrion Personnel”) to provide the Services specifically outlined in the Addendum, and Xantrion shall be fully and directly responsible for all Xantrion Personnel. Xantrion shall (i) provide competent and qualified personnel to perform the Services; (ii) ensure that it complies with all laws, regulations, ordinances and licensing requirements; (iii) ensure Xantrion Personnel performing any Services on Client’s premises comply with any applicable Client guidelines as provided to Xantrion from time to time, including, but not limited to, any data security policies; and (iv) determine the method, detail, and means of performing the Services under this Agreement.
2 Terms of Payment
2.1 Services Fees; Equipment and Software Costs
Unless otherwise agreed to in writing by the parties, payment for Services by Xantrion (“Service Fees”) rendered and any equipment, software, licenses, 3rd party services, hardware, parts and supplies (“Supplies”) shall be due within forty-five (45) days from the date of the applicable invoice provided by Xantrion to Client. If Xantrion does not receive payment within such forty-five (45) day-period, Xantrion shall have the option to suspend the Services without any liability until payment is received. 866.926.8746 5 www.xantrion.com
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2.2 Overdue Payments
Interest shall accrue on any delinquent amounts owed by Client to Xantrion at the rate of 0.8333% per month.
In the event of a good faith dispute related to the invoices submitted by Xantrion, Client shall notify Xantrion in writing setting forth the reasons of such dispute, and the parties shall cooperate to resolve such dispute.
2.3 Taxes
Client shall be responsible for any applicable sales or use taxes on any amounts payable by Client hereunder. 3 Term, Termination
3.1 Term
Unless sooner terminated, the term of this Agreement, and the applicable Services requested as set forth in the accompanying Addendum shall be for one (1) year commencing on the Effective Date ("Term") and shall continue during the Term unless this Agreement is otherwise terminated sooner in accordance with Section 3.2 or Section
3.3. During this Term, Xantrion shall not increase its fee rates over and above the rates charged on Services provided as of the Effective Date. New Services added during the Term may be charged at Xantrion’s then-current rates. The termination of any Service shall not modify any Term of this Agreement. The termination of this Agreement shall immediately terminate any and all Services executed hereunder.
3.2 Termination for Convenience
Either party may terminate this Agreement or any applicable Service at any time without cause upon at least ninety (90) days’ prior written notice to the other party. In the event that either party elects to terminate this Agreement pursuant to this Section 3.2, Xantrion agrees to provide sufficient efforts and cooperation to ensure an orderly and efficient transition of Services to Client or another service provider, whichever Client elects, at Xantrion’s then-current time and materials rates.
3.3 Termination for Cause
Either party may terminate this Agreement or any applicable Service for Cause (as defined below) immediately upon written notice to the other party.
For purposes of this Agreement, “Cause” means: (i) Client’s failure to pay any amount due within thirty (30) days of the applicable due date; (ii) a party’s conviction of, or plea of nolo contendere to, any felony, or any other crime involving fraud, embezzlement, or act of moral turpitude; (iii) a party’s unauthorized use or disclosure of any Confidential Information or other proprietary information of the other party or any other 866.926.8746 6 www.xantrion.com
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party to whom the offending party owes an obligation of nondisclosure as a result of the parties’ relationship; (iv) a material breach of this Agreement by a party which is incapable of cure, or with respect to a material breach capable of cure, is not cured within thirty (30) days after receipt of written notice from the affected party of such breach; (v) a dissolution or liquidation of any party, or any corporate action taken by any party for such purpose; (vi) any party’s insolvency or admission of its inability to pay its debts generally as they become due; or (vii) any party’s voluntary filing of a bankruptcy petition or general assignment for the benefit of creditors.
3.4 Effect of Termination
Upon termination of this Agreement, Xantrion shall not be obligated to provide any further Services to Client and Xantrion shall have the right to remove any equipment or other Supplies belonging to Xantrion which has been installed or placed at Client’s location for the performance of the Services hereunder. Client shall pay all outstanding invoices, as well as any invoices which may be submitted to Client following the date of termination for Services Fees or Supplies or costs incurred up to the date of termination, within ten (10) days of the date of termination or within thirty (30) days of the date of the invoice, whichever is later. Upon termination of this Agreement for any reason, each party shall (i) return to the other party or destroy all documents and tangible materials (and any copies) containing, reflecting, incorporating or based on the other party's Confidential Information, (ii) permanently erase all of the other party's Confidential Information from its computer systems, and (iii) if requested by the other party, provide written confirmation within ten (10) days of receiving such request that it has complied with the requirements of this section.
3.5 Survival.
The terms of Sections 2, 3, 4, 5, 7, 8, 9, and 15 shall survive the termination of this Agreement. 4 Equipment, Software and Supplies
4.1 Equipment; Software; Supplies
Xantrion is not responsible for compatibility issues, project delays, or other problems with Supplies (i) provided by Client, (ii) purchased by Client through a third party, or (iii) manufactured by a third party and purchased by Client from Xantrion (collectively, “Third Party Products”) except if expressly recommended by Xantrion.
Notwithstanding anything contained herein to the contrary, in the event Xantrion installs a Third Party Product and such Third Party Product fails within ninety (90) days of installation, Xantrion will provide the labor to reinstall the product free of charge. 866.926.8746 7 www.xantrion.com
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4.2 Limited Warranty
Xantrion represents and warrants to Client that the Supplies, processes, and procedures employed, used, and operated by Xantrion in providing the Services will be sufficient to provide the Services at the levels of reliability represented in the description and definition of the Services.
Third Party Products purchased through Xantrion are warrantied by their respective manufacturers and any applicable manufacturer’s warranties will be passed through to the Client. Xantrion will only accept returns on such Third Party Products if they are defective and returned within thirty (30) days of Client’s receipt of such Third Party Product.
5 Independent Contractor Status
Client and Xantrion acknowledge and agree that: (i) Xantrion is an independent Contractor, (ii) the parties are not engaged in a joint venture, partnership, employment, or fiduciary relationship; and (iii) neither party is authorized to act as agent or incur any obligation on behalf of the other. 6 Non-Solicitation
Client acknowledges that Xantrion will recruit and train personnel to provide Services for Client under this Agreement, and that this is a costly and time-consuming endeavor. Client therefore agrees not to directly, or indirectly through a third party, solicit, induce, recruit for employment, or attempt to solicit, induce, or recruit for employment, any Xantrion personnel who has performed Services for Client under this Agreement to provide the same or similar services. Client shall comply with this obligation during the term of this Agreement, and for a period of twelve (12) consecutive months after termination. Client shall be relieved of its obligations under this provision if Client first pays Xantrion the sum of the actual cost of retaining and training individual personnel.
The Parties further agree that this amount shall be no less than $60,000 per individual personnel, which Client agrees accurately reflects the minimum reasonable value of Xantrion's time and costs with respect to recruiting and training personnel to work for Client. Notwithstanding any other provisions in this Agreement, the parties retain all legal remedies, at law or equity, upon violation of this provision. 7 Unauthorized Access to Data or Use of the Services
Xantrion is not responsible to Client for unauthorized access to the electronic data of Client stored on Xantrion’s servers (“Client Data”) or the unauthorized use of the Services unless such unauthorized access or use results from Xantrion’s failure to meet its obligations described in the Agreement. Client is responsible for the use of the Services by any employee or consultant of Client, other than Xantrion, any person to whom Client has given access to the Client Data, and any person who gains access to the Client Data or Services as a result of Client’s failure to use reasonable security precautions, even if such use was not authorized by Client. 866.926.8746 8 www.xantrion.com
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8 No Warranties; Limitations of Liability; Indemnification
8.1 No Warranties
Except as provided in section 1.1 (services) and section 4.2 (limited warranty), Xantrion expressly disclaims all warranties, express, implied, statutory or otherwise, with regard to the services provided hereunder, and with regard to any third party products, including in each case any warranty of non-infringement, and any and all warranties of merchantability or fitness for a particular purpose or arising from the course of dealing between the parties or usage of trade. These disclaimers of warranty and limitations of liability constitute an essential part of this agreement.
8.2 Limitation of Liability
In no event will Xantrion, whether in contract, tort, equity or otherwise, be liable for: (i) any indirect, incidental, consequential, special, punitive or exemplary damages (even if such damages are foreseeable, and whether or not either party has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited warranty.); or (ii) costs of procurement of substitute products or services, Supplies, lost profits, loss of data; or (iii) any direct damages arising from or relating to this agreement, to the extent that the aggregate amount of such damages exceeds the aggregate services fees actually paid by Client hereunder in the six (6) calendar months before such claim arose; provided that such limitation of liability shall not extend to direct damages incurred as a result of the willful misconduct of Xantrion or its employees. The parties agree that the limitations in this section are integral to the amount of fees charged in connection with this agreement and that, were Xantrion to assume any further liability, such fees would of necessity have been substantially higher.
8.3 Indemnification
To the fullest extent permitted by law subject to the limitations set forth in this Agreement,, Xantrion shall indemnify and hold harmless, and defend the Client, its officers, agents, employees and volunteers (collectively, the “Client Indemnitees”) from and against any and all suits, actions, legal proceedings, claims, demands, damages, losses and expenses which may be made by individuals or organizations, including, but not limited to attorneys' fees, expert fees and all other costs and fees of litigation (each a "Claim" and collectively the "Claims"), arising out of or resulting from the Xantrion's negligence or willful misconduct in the performance of the Services.
The acceptance or approval of Xantrion’s Services by Client or any of its directors, officers or employees shall not relieve or reduce Xantrion’s indemnification obligations. However, to the extent that any Claim arises from, relates to, or is in connection with, the negligence or willful misconduct of the Client Indemnitees, or any of them, then Xantrion's indemnification obligation and liability hereunder for the Claim shall be reduced in proportion to the Client Indemnitees’ total share of liability for the Claim as a result of the Client Indemnitees' negligence or willful misconduct.
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9 Confidentiality
9.1 Definition
The term “Confidential Information” as used in this Agreement shall mean any information disclosed, directly or indirectly, by a party (the “Discloser”) to the other party (the “Recipient”) that may reasonably be considered proprietary or confidential including, without limitation, the Discloser’s operational and business methods and practices, economic and financial information, know-how, recommendations, instructional methods, Client Data (as defined below), software and information systems, technical processes, products, product designs, machinery, research and development, intellectual property, and any material embodiments thereof.
Notwithstanding the foregoing, the term “Confidential Information” shall not include any information that (i) is or becomes generally available to the public other than as a result of the Recipient’s breach of this agreement; (ii) is or becomes available to the Recipient on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (iii) was in Recipient’s possession prior to the Discloser’s disclosure hereunder; or (iv) was or is independently developed by Recipient without using any Confidential Information.
9.2 Confidentiality
The Recipient agrees to (i) take reasonable measures to protect and safeguard the confidentiality of, and avoid disclosure and unauthorized use of, the Discloser’s Confidential Information with at least the same degree of care as the Recipient would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (ii) not use the Discloser’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (iii) not disclose any such Confidential Information to any person or entity, except as required to assist the Recipient to exercise its rights or perform its obligations under this Agreement.
Disclosure of Confidential Information is not prohibited if such disclosure is compelled pursuant to a legal proceeding or is otherwise prescribed by law. If the Recipient receives a request to disclose any Confidential Information pursuant to the order or requirement of a court, administrative agency, or other governmental body, the Recipient, prior to disclosing any Confidential Information, and, except as may be prohibited by law, will notify the Discloser of such requirements to afford the Discloser the opportunity to seek a protective order or other remedy.
9.3 Access to Systems
Xantrion representatives and contractors, shall only access Client systems and data as is necessary to perform the Services agreed to. Client understands that Xantrion representatives may share access with other vendors to the limited extent required to perform the Services. Notwithstanding the foregoing, when access to criminal justice data or systems is necessary to perform the Services, Xantrion agrees that its designated representatives will comply with Client’s requirements for access to such systems and information, including but not limited to 866.926.8746 10 www.xantrion.com
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fingerprinting and a satisfactory background check, as a precondition to being granted access to those systems or data.
10 Compliance
None of the Services or underlying information or technology may be downloaded, exported, or re-exported into any country to which the United States has embargoed goods, or to any individual or entity that has been denied export privileges by the U.S. Treasury Department or the U.S. Department of Commerce. By using the Services, Client is agreeing to the foregoing and Client is representing and warranting that Client is not a national resident of, or located in or under the control of, any country subject to such export controls.
10.1 Protection of Personally Identifiable Information
The parties agree to use commercially reasonable security precautions to protect Personally Identifiable Information, “PII”, (as hereafter defined) transmitted to or from, or stored at, Xantrion’s data centers. Client must comply with the laws applicable to Client’s use of the Services and with Xantrion’s policies and procedures, as may be amended. Client agrees to cooperate with Xantrion’s reasonable investigation of Service outages, security problems, and any suspected breach. For purposes of this Agreement, “PII” means (i) any information that identifies an individual, such as name, social security number or other government issued number, date of birth, address, telephone number, biometric data, mother's maiden name, or other personally identifiable information; (ii) any "non-public personal information" as that term is defined in the Gramm-Leach-Bliley Act found at 15 USC Subchapter 1, § 6809(4), and (iii) any "protected health information" as defined in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).
The parties agree to comply with the applicable provisions of HIPAA, the requirements of any regulations promulgated thereunder including, without limitation, the federal privacy regulations as contained in 45 CFR Parts 160 and 164 (the “Federal Privacy Standards”), the Electronic Transaction Standards (45 CFR Parts 160 and 162) the Security Standards (45 CFR Parts 160, 162 and 164), and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), Public Law 111-05 and regulations promulgated thereafter.
The parties further agree to comply with the applicable provisions of the PROTECT Our Children Act contained in 42 USC 13032 and 18 USC 2258A .
10.2 Compliance with Laws Applicable to Client
As it pertains to Client’s Confidential Information and/or Data stored or managed by Xantrion, Xantrion will comply with any and all confidentiality, security, privacy and or compliance requirements, rules and/or regulations imposed on Client by local, state or federal authorities, agencies, regulatory agreements and or laws to the extent Client has provided to Xantrion in writing the specific requirements to satisfy said confidentiality, security, privacy and or compliance requirements, rules and/or regulations. 866.926.8746 11 www.xantrion.com
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10.3 Compliance with Software Manufacturer’s Licensing and Allowed Usage Requirements Client acknowledges its obligation to comply with all provisions of software manufacturer’s licensing and allowed usage requirements. Client agrees to honor the provisions of the “Microsoft Cloud Agreement” incorporated herein by reference.
11 Security Incident Response
11.1 Obligations
Xantrion acknowledges its obligation to support Clients in the event of a Security Incident. Services we will perform and the basis on which they will be billed are described in the Addendum – Services.
11.2 Disclaimer
Xantrion does not represent that any service will prevent a security incident. Nor do we represent that we have legal expertise or expertise in forensic investigations. Clients are advised to consider purchasing cyber-liability policies to protect against the risk of a security incident. In the event of an incident, Client is advised to contact their own legal counsel to determine their obligations to report an incident, and to notify their insurance carrier of a potential claim and to permit the insurance company or its designated agents to conduct any investigation. 12 INSURANCE
During the term of this Agreement, Xantrion shall, at its own expense, maintain and carry insurance with financially sound and reputable insurers, in full force and effect that includes, but is not limited to:
Insurance Type Description of Liability covered Aggregate Limit
Cyber Liability, Privacy/Network
Security, Cyber Crime & Cyber
Deception Endorsement
Data breach of our systems or a Client system for which we are liable Including forensic costs, notification costs, credit or identity protection, extortion, regulatory action, fines and penalties. and business interruption.
$5 mm
Third Party Crime Third Party Crime $250 K
Commercial General Liability Bodily injury, personal injury and property damage caused by the business' operations, products, or injury that occurs on the business' premises.
$2 mm
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Errors and Omissions Liability Claims made by Clients for failure to provide products or services, inadequate work or negligent actions.
$5 mm
Workers Compensation On the job injury $1 mm
Employment Practices Liability Claims made by employees alleging discrimination (based on sex, race, age or disability, for example), wrongful
termination, harassment and other employment-related
issues, this also extends to Third Party – Clients, Vendors, etc.
$1 mm
13 Other Insurance Provisions
13.1 Except for professional liability insurance or worker’s compensation insurance, the insurance policies shall be specifically endorsed to include Client, its officers, agents, employees, and volunteers, as additional insureds under the policies.
13.2 The additional insured coverage under Xantrion’s insurance policies shall be “primary and noncontributory” with respect to any insurance or coverage maintained by Client and shall not call upon Client’s insurance or selfinsurance coverage for any contribution. The “primary and noncontributory” coverage in Xantrion’s policies shall be at least as broad as ISO form CG20 01 04 13.
13.3 Except for professional liability insurance or worker’s compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury.
13.4 By execution of this Agreement, Xantrion hereby grants to Client a waiver of any right to subrogation which any insurer of Xantrion may acquire against Client by virtue of the payment of any loss under such insurance. Xantrion agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not Client has received a waiver of subrogation endorsement from the insurer.
13.5 Xantrion’s worker’s compensation insurance shall be specifically endorsed to waive any right of subrogation against Client.
13.6 Xantrion shall cooperate with Client in providing Client with copies of all insurance provisions or endorsements required by this Agreement.
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14 Harassment Free Workplace; Nondiscrimination
Xantrion and Client mutually commit to observing the highest standards of conduct in maintaining an environment that is free of discrimination, including harassment of any kind and on the basis of a legally protected status.
Accordingly, Xantrion and Client will not tolerate any form of harassment against anyone, including employees, vendors, independent contractors, or guests. Xantrion and Client understand and acknowledge their legal obligation both, not to engage in, and to report any unwelcome conduct, whether verbal, physical, sexual, or visual, and that is based upon a person’s protected status. Xantrion and Client shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of their duties and obligations under this Agreement. 15 Miscellaneous
15.1 Notices
All notices under this Agreement shall be sent to a party at the respective address indicated in the introductory paragraph hereof, or to such other address as such party shall have notified the other in writing. All such notices so addressed shall be deemed duly given (a) upon delivery, if delivered by courier or by hand (against receipt); or (b) three days after posting, if sent by certified or registered mail, return receipt requested.
15.2 Governing Law
This Agreement shall be construed and controlled by the laws of the State of California, without reference to conflicts of law principles. To the extent that any lawsuit is permitted under this Agreement, the parties hereby expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Marin County, California.
15.3 Remedies
The parties agrees that remedies at law for a breach or threatened breach of any of the provisions of this Agreement, including any disclosure or use of the Confidential Information, may be inadequate and, in recognition of this fact, in addition to all other remedies available at law, the parties will be entitled to seek specific performance or injunctive relief to enforce the terms of this Agreement.
15.4 Dispute Resolution; Attorney’s Fees
Xantrion and Client agree to each use its best efforts to mutually resolve any claim, controversy, liability or dispute arises between the parties relating to or in connection in any way with this Agreement or its interpretation, validity or enforcement (collectively, “Disputes” or, in the singular, “Dispute”). 866.926.8746 14 www.xantrion.com
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Failing that, and unless otherwise agreed by the parties in writing, such dispute shall be adjudicated by final, binding arbitration under the auspices, and in accordance with then-applicable commercial arbitration rules and procedures, of JAMS, Inc. (“JAMS”) at JAMS’ San Francisco offices. The arbitrator shall be mutually-agreed upon by the parties to the arbitration. If the parties cannot agree upon an arbitrator within ten (10) business days after the filing of any demand for arbitration or statement of claims with JAMS (or, if a party is asked to participate in the joint selection of an arbitrator, but is unresponsive or otherwise does not do so within the foregoing time period), then JAMS shall select as arbitrator a retired judge having at least ten (10) years’ experience in industry-related disputes pursuant to its normal procedure for selecting an arbitrator when parties cannot agree upon an arbitrator.
The parties to the Dispute shall share equally in the costs of arbitration. If any party to the Dispute fails or refuses to pay its portion of JAMS arbitration-related administration fees or arbitrator’s fees in a timely manner, the other party to the Dispute may, at its election, pay such fees and proceed with the arbitration without the participation of the party who fails or refuses to pay its share of such fees, and any final arbitration award shall require the non-paying party to reimburse the paying party for such fees and costs.
The arbitrator shall have the power to award only such damages, remedies, or relief that would be available in a court otherwise having jurisdiction of the matter, but no other damages, remedies or relief. The arbitrator shall render all rulings and make all adjudications based solely upon the law governing the claims, counterclaims and defenses pleaded and shall not invoke any basis (including, without limitation, notions of “just cause”) other than such controlling law. The arbitrator shall have the authority to issue an award that provides for both legal and equitable relief, as applicable, including, without limitation, an order for issuance of a temporary or preliminary injunction. Notwithstanding the foregoing, the parties may avail themselves in the court of the rights and remedies provided by Section 1281.8 of the California Code of Civil Procedure. In any arbitration proceeding commenced under this section, the merits hearing (i.e., trial) shall begin by no later than ninety (90) calendar days after the filing of any demand for arbitration or statement of claim with JAMS. The arbitrator shall prepare a written statement of decision and award within five (5) business days following the conclusion of the arbitration merits hearing. Judgment on the decision, award or other order of the arbitrator may be confirmed and entered by the court.
The decision of the arbitrator shall be final and conclusive, and the parties hereby waive the right to trial de novo or appeal, excepting only for the purpose of confirming the arbitrator’s decision, award or other order and entering judgment thereupon, for which purpose the court shall have sole and exclusive jurisdiction. Such confirmation and entry of judgment may be obtained by ex parte application. Additionally, any petition to compel arbitration and any other legal proceeding seeking to enforce or avoid arbitration under this Agreement shall be filed and litigated exclusively in the court.
The prevailing party in any arbitration of a Dispute shall be entitled to recover from the other party or parties the reasonable attorneys’ fees and costs (including all costs of collection and recovery of any monies adjudicated to be due), experts’ fees and costs, arbitration administrative fees, court filing and other fees, and arbitrator’s fees that the prevailing party actually incurs in connection with that proceeding and any related-action or proceeding in the court; however, the parties agree that, in the event a party to the Dispute is adjudicated to be 866.926.8746 15 www.xantrion.com
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a prevailing party, that party shall seek to recover attorneys’ fees under this section for the services performed only by two (2) attorneys from the same law firm retained by that party. In the event this provision is adjudicated to be unenforceable or the parties to the Dispute jointly elect to seek an adjudication of their dispute in a judicial forum, the foregoing fees and costs recovery provision shall apply with equal force to that judicial adjudication of the Dispute.
15.5 Force Majeure
Neither party shall be deemed to have defaulted or breached hereunder, nor shall it hold the other party responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, hostile or warlike action including cyber or armed attacks in times of peace or war by a government or sovereign power, labor strike, lockout, boycott, or other similar events beyond the reasonable control of such party (collectively, “Force Majeure”), provided that the party relying upon this provision: (i) gives prompt written notice thereof, and (b) takes all steps reasonably necessary to mitigate the effects of the Force Majeure event.
15.6 Headings
Headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement.
15.7 Severability
If any provision in this Agreement is found or held to be invalid or unenforceable by a court of competent jurisdiction, then (i) the validity of other provisions of this Agreement shall not be affected or impaired thereby, and (ii) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.
15.8 No Waiver
A waiver of a breach or default under this Agreement shall not be a waiver of any other breach or default.
Failure of either party to enforce compliance with any term or condition of this Agreement shall not constitute a waiver of such term or condition unless accompanied by a dear written statement that such term or condition is waived.
15.9 No Assignment
Client shall not assign this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld, except in the event of a merger, acquisition, or sale of substantially all of Client’s assets. Subject to the foregoing, this Agreement shall inure to the benefit of the parties’ permitted successors and assigns.
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15.10City Business License / Other Taxes.
Xantrion shall obtain and maintain during the duration of this Agreement, a City of San Rafael business license as required by the San Rafael Municipal Code. Xantrion shall pay any and all state and federal taxes and any other applicable taxes. Client shall not be required to pay for any Services or work performed under this Agreement, until Xantrion has provided Client with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification).
15.11Entire Agreement; Modification
This Agreement, and any attachments hereto, contains the entire understanding of the parties with respect to the matters contained herein. This Agreement shall supersede any prior understanding or agreement, written or oral between the parties. In the event of any conflict between the terms hereunder and any attachment, these terms shall govern unless such attachment expressly states that the terms and conditions of the attachment shall control. There are no promises, covenants or undertaking other than those expressly set forth herein, and any other terms and conditions are rejected regardless of content, timing or method of communication. Any deviations from or additions to the terms of this Agreement must be in writing and will not be valid unless confirmed in writing by duly authorized officers of Xantrion and Client. 866.926.8746 17 www.xantrion.com
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16 Counterparts
This Agreement may be executed in counterparts, and each counterpart shall have the same force and effect as an original and shall constitute an effective, binding agreement on the part of each of the undersigned. This Agreement may be executed and delivered by facsimile transmission, by electronic mail in “.pdf,” or any electronic signature complying with the U.S. federal ESIGN Act of 2000 (e.g., www.docusign.com).
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.
Signed:
Printed: Anne Bisagno
Title: President
Company Xantrion, Inc.
Date: August 31, 2025
CITY OF SAN RAFAEL
By: ______________________________
CRISTINE ALILOVICH, City Manager
ATTEST:
______________________________
LINDSAY LARA, City Clerk
APPROVED AS TO FORM:
______________________________
ANDREA VISVESHWARA, City Attorney
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EXHIBIT A
Addendum To The General Service Agreement Information Technology Services 866.926.8746 1 www.xantrion.com
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ADDENDUM TO THE GENERAL SERVICE AGREEMENT
INFORMATION TECHNOLOGY SERVICES
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TABLE OF CONTENTS
1 Summary Service Scope and Costs ...................................................................................................................... 4 2 CORE IT ................................................................................................................................................................ 5
2.1 Description of Services ................................................................................................................................ 5
2.2 Systems Administration .............................................................................................................................. 5
2.3 Endpoint Support ........................................................................................................................................ 6
2.4 “Virtual Chief Information Officer” (vCIO) and Strategic Planning Services ............................................... 6
2.5 Limitations and Client Obligations .............................................................................................................. 6 3 Systems Monitoring ............................................................................................................................................ 8
3.1 Description of Services ................................................................................................................................ 8
3.2 Monitoring systems .................................................................................................................................... 8
3.3 Monitoring hours ........................................................................................................................................ 9
3.4 Monitoring scope ........................................................................................................................................ 9
3.5 Patch Management ................................................................................................................................... 10
3.6 Thresholds & Monitoring Criteria ............................................................................................................. 10
3.7 Endpoint anti-virus and anti-malware management ................................................................................ 10
3.8 Client notification of monitoring alerts ..................................................................................................... 10
3.9 Alert remediation ...................................................................................................................................... 10
3.10 Limitations and client obligations ............................................................................................................. 11 4 Managed Backups ............................................................................................................................................. 12
4.1 Description of Services .............................................................................................................................. 12
4.2 Recovery Point Objective .......................................................................................................................... 12
4.3 Recovery Time Objective .......................................................................................................................... 12
4.4 Standby Server Hosting ............................................................................................................................. 12
4.5 System requirements ................................................................................................................................ 13
4.6 Effect of Termination ................................................................................................................................ 13
4.7 Estimating data backup costs .................................................................................................................... 13
4.8 Limitations and client obligations ............................................................................................................. 14 5 Managed Security Essentials ............................................................................................................................. 15
5.1 Description of Services .............................................................................................................................. 15
5.2 List of Services ........................................................................................................................................... 15
5.3 Security Incident Response ....................................................................................................................... 15
5.4 Limitations and Client Obligations ............................................................................................................ 18 6 Managed Security .............................................................................................................................................. 19
6.1 Description of Services .............................................................................................................................. 19
6.2 List of Services ........................................................................................................................................... 19
6.3 Limitations and client obligations ............................................................................................................. 21 7 Hosting .............................................................................................................................................................. 21
7.1 Description of Services .............................................................................................................................. 21
7.2 Data location ............................................................................................................................................. 21
7.3 Service Level Agreement ........................................................................................................................... 21
7.4 Effect of Termination ................................................................................................................................ 21 866.926.8746 3 www.xantrion.com
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8 Limitations applicable to all services ................................................................................................................. 22
8.1 Support for End Users not covered by a CORE IT agreement ................................................................... 22
8.2 Policy Authoring, Audit, and Questionnaire Support ................................................................................ 22 9 Authorized Contacts .......................................................................................................................................... 22 10 Phone and Email Support hours of operation ................................................................................................... 22
10.1 Phone Answer ........................................................................................................................................... 22
10.2 E-mail processing ...................................................................................................................................... 22 11 Rates for Services Outside of Scope .................................................................................................................. 23 12 Travel Expenses ................................................................................................................................................. 23 13 Service Level Agreement ................................................................................................................................... 24
13.1 Response Time .......................................................................................................................................... 24
13.2 Service Level Credits ................................................................................................................................. 24 15 Costs and Service Detail .................................................................................................................................... 25 16 Counterparts ..................................................................................................................................................... 26 866.926.8746 4 www.xantrion.com
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1 Summary Service Scope and Costs
Service Name Description Included Services
Core IT Comprehensive IT support for your staff, Systems Administration, Remediation, Management and
Maintenance.
Systems
Monitoring
IT infrastructure monitoring designed to detect nonfunctioning systems or services, in addition to conditions which may lead to instability or down time.
Managed Backups Backup of systems and data to protect against loss.
Includes “Best Effort” disaster recovery for data stored in our repository.
Managed Security
Essentials
Fundamental security provisions and practices
recommended for every organization
Managed Security A comprehensive security offering designed to meet the needs of organizations subject to regulatory oversight and compliance requirements, or with a strong need to protect sensitive data.
Consider for
Future
Implementation
Hosting “Private Cloud” services designed to host critical business systems in highly-available redundant secure Datacenters, with locations in Denver and Salt Lake City.
Consider for
Future
Implementation
TOTAL Monthly Recurring Costs (Section 15) $97,225
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2 CORE IT
2.1 Description of Services
CORE IT is a comprehensive offering that includes technology support, administration, design, remediation, and maintenance, designed to provide the Client with:
• A secure and stable Information Technology environment with exceptional up time. • A high level of employee technology support satisfaction. • A competitive advantage.
• The lowest sustainable total cost of ownership.
CORE IT is provided at a fixed monthly cost and includes unlimited desktop and systems support.
2.2 Systems Administration
• User & Resource Management
Employee Onboarding and Termination
Hardware and Business Resource provisioning
Identity management and access control
• Server, Network Infrastructure, and Endpoint Management Deployment, Administration, Troubleshooting, and Remediation Purchasing & Warranty Management
Replacement of systems “In Kind,” at end of life
Data Backup System management
• Application Management – Cloud or Server-Based
Deployment, Upgrades, Troubleshooting, & Remediation
License & Subscription Management
Vendor Coordination
• Cloud-Based Voice over IP Systems
Administration, including Moves, Adds, and Changes.
• Internet Connectivity
Vendor Management
Troubleshooting & Remediation
• Mobile Devices & Tablets
Business Email connectivity
Office 365 apps
Other business apps (e.g., iTrakIT, iRIMS, iAnnotate) 866.926.8746 6 www.xantrion.com
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2.3 Endpoint Support
• Unlimited remote support services are provided to your staff, 24 x 7 x 365. • On-site support, as required.
2.4 “Virtual Chief Information Officer” (vCIO) and Strategic Planning Services The client will be assigned a Xantrion “vCIO,” whose core objective is to develop and maintain a business technology strategy that meets the business requirements and fosters growth.
Detailed Services include:
• Technology and Security Strategy and Advisement
• Quarterly Business Review meetings
• Business Continuity and Disaster Recovery Strategy
• Cyber Security Risk Assessment and Mitigation Strategy • Budget Projections and Cost Management
• Service Delivery Oversight
Client Satisfaction Oversight & Reporting
Identification and Resolution of trends or systemic issues Support Escalation
• Account Management, including agreement maintenance & resolution of billing matters • Project Coordination and Management
• Incident Response Coordination
2.5 Limitations and Client Obligations
2.5.1 Services provided on a Time and Materials basis
• Physical relocation of Staff systems.
Ex: An employee wishes to move from one office location to another • Support for custom software solutions, developed specifically for your firm, and not supported by a major vendor
Ex: Custom scripts, FileMaker Pro, and Access Databases are considered custom software solutions
• Office Moves and Rebuilds
• Business system or Infrastructure Projects that are being driven by new functionality or features 866.926.8746 7 www.xantrion.com
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Ex: Cloud migrations, ERP, CRM, Accounting, or other Line of Business Application Implementation, Cloud VoIP phone migrations
• Audio/Visual Systems Setup
Ex: Deployment of a new videoconferencing solution, or assisting client guests with connectivity to projectors or displays
2.5.2 Warranties & Valid Support Agreements are Required Except as otherwise agreed, supported equipment, including, but not limited to: servers, shared storage, firewalls, switches, wireless access points, desktop and laptops, must carry a valid warranty and support agreement for these devices to remain with Xantrion’s support scope. All line of business applications must include a valid support agreement, and the appropriate licensing to ensure compliance.
2.5.3 Spare Equipment
We suggest maintaining spare staff systems to expedite setup and deployment in the event of an unexpected new hire or hardware failure. There is no additional monthly cost associated with the maintenance of spare endpoint systems.
2.5.4 Disaster Recovery
Recovery from outages caused by theft of systems or environmental events such as earthquakes, floods, fire or sprinkler system activation will be performed on a time and materials basis.
Clients wishing to reduce the risk of a disaster are encouraged to use cloud services or consider relocating their systems to our secure data centers, as described in Section 7. For clients who maintain servers on-premise, we also offer Standby Server Hosting, described in Section 4.4, to reduce the time and cost associated with recovering from a disaster.
2.5.5 E-Discovery, Forensic and Breach Investigations
Clients are advised that services provided as part of a CORE IT agreement are not designed to capture information required to support a forensic investigation. See also the limitations described in Section
5.3.5. 2.5.6 Abuse / Sabotage
Notwithstanding other provisions, recovery from deliberate damage / sabotage to systems or data, either on-premise or in cloud, will be performed in accordance with the Time and Materials provisions of this agreement.
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2.5.7 Support for Endpoints not Covered by this Agreement Support for systems not covered by this agreement is limited to the configuration and troubleshooting of secure remote access to business systems.
Ex: Business email connectivity or Secure Remote Desktop.
Xantrion will not provide hardware support for these systems out of scope; any operating systemlevel or networking support required to establish secure remote connectivity to business resources will be provided on a Time & Materials basis.
2.5.8 Web Content Development
Xantrion does not manage web site content development or administration. We are happy to provide vendor recommendations for this purpose.
3 Systems Monitoring
3.1 Description of Services
Xantrion’s Monitoring services are designed to improve the overall availability, stability, and performance of the Client’s critical business systems.
Xantrion monitors key operating characteristics of the Client’s designated systems and cloud solutions, in order to detect and address early signs of potential system instability or failure, and to quickly identify and remediate the points of failure, in the event that a system or service outage occurs. Xantrion maintains a history of operating data which can be used as a benchmark for “normal” operations and to aid in the troubleshooting process.
Note that while network breaches may be detected as a result of consequential anomalies in network operations, this service is not designed to provide intrusion detection or prevention and should not be relied upon for these purposes.
3.2 Monitoring systems
Xantrion’s central monitoring systems are located in secure datacenters. Data is gathered from client operating environments, using a combination of probes and agents installed directly on servers and endpoints. Data is also gathered from additional sources external to the client environment to provide a comprehensive overview of system status. Examples of external monitoring include: round-trip email flow, RDS host availability, and Office 365 status.
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3.3 Monitoring hours
Automated monitoring is conducted on a continuous 24 x 7 x 365 basis, with engineers actively observing and remediating issues in real time.
3.4 Monitoring scope
The scope of Monitored Systems is dependent upon several factors, including client-specific requirements, capabilities of the monitoring services, and limitations of the systems being monitored.
We recognize that client monitoring requirements are constantly changing as new systems are released and cloud services evolve. Our centralized monitoring systems are similarly evolving in terms of capacity and capabilities. Please discuss any specific monitoring needs with your vCIO, so that they may determine whether or not they can be met.
The list below provides a sample of services & systems we will attempt to monitor:
On Premises Systems
Server hardware health
Remote Server Management systems (DRAC /
iLO)
System resource utilization
Disk utilization and I/O
Warranty status
Service availability
Application level monitoring
Active Directory
SQL
Exchange
Internet Information Services
UPS systems availability and battery health
Networking devices
System Resource Utilization
Traffic Throughput
Shared Storage
RAID and Disk health
LUN utilization
SaaS, Websites & External Services
Availability of Services
Response times
TLS/SSL certificate validity
DNS resolution
Expected page verification
Synthetic email route trip testing
Security Monitoring
Antivirus health
Windows patching health
Privileged access groups changes
Common account names monitoring
Outboard firewall port blocking
SFP monitoring
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3.5 Patch Management
Xantrion will manage patch deployment to systems, including servers, infrastructure devices, and endpoints, using our patch management solution.
Xantrion conducts a literature review of all critical and security operating system updates as they are released by Microsoft. Prior to general release, deployment is tested on Xantrion’s systems and on systems that clients have asked to be included within our patching test group. Xantrion will identify and withhold any patches that are deemed problematic.
Approved patches are deployed monthly to workstations and laptop endpoints, and quarterly to servers.
3rd-party Application patching is provided for a select list of supported applications.
3.6 Thresholds & Monitoring Criteria
Xantrion leverages a set of alerting conditions and thresholds within the central monitoring solution that have been developed and tuned, through a combination of manufacturer’s Best Practice recommendations, in addition to real-world conditions. These thresholds are designed with the stability, uptime and health of your systems in mind, and should not be customized.
3.7 Endpoint anti-virus and anti-malware management
Xantrion will manage the licenses, automated deployment, troubleshooting, and administration associated with the anti-virus and anti-malware solution, for all clients with a Core IT agreement, and for clients who have elected to bundle this offering with systems monitoring.
3.8 Client notification of monitoring alerts
If requested, Xantrion will copy any recipients that you designate on automated alert notifications. For urgent and impactful issues, an Engineer will attempt to reach you by phone. For all other issues, we will reach out via e-mail.
3.9 Alert remediation
Xantrion Engineers will attempt to contact Client for authorization before performing any remediation work outside of the standard Core IT agreement. If we are unable to contact you, we will use our best judgement in determining whether or to proceed without authorization. Examples of situations where we may act if we are unable to reach you could include:
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• The affected system is covered under a CORE IT contract and therefore remediation work is included.
• E-mail system is completely down.
• Internet connectivity outage.
• Remediation of issues that are determined to be the direct result of managed patching.
3.10 Limitations and client obligations
The provisions listed in this section apply only to clients whose systems are not covered under a CORE IT agreement, or those with a “Monitoring-Only” Agreement.
3.10.1 Identification of Systems to be monitored
You will provide us with a list of systems and/or cloud services that you want us to monitor. For hardware systems on-premise, we require the following information:
Device name
IP address
Hardware information (type, model, serial number)
Administrative Login Credentials
Physical location
3.10.2 Changes to monitoring
Requests to add or remove systems or devices from the monitored scope should be sent in writing to [email protected].
3.10.3 Advance notification of systems maintenance
We ask that you notify us in advance of planned maintenance that will impact services and system uptime, so that we can suspend monitoring and avoid “false alarms.”
3.10.4 Remediation of issues resulting from patching
Client acknowledges that Xantrion’s strategy for repairing an unstable system after patching may be, at our discretion, restoring from backup. Systems not covered by a CORE IT or Managed Backup agreement will be repaired on a time and materials basis. 866.926.8746 12 www.xantrion.com
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4 Managed Backups
4.1 Description of Services
Xantrion will work with the Client to design a managed backup strategy that meets the business’ Disaster Recovery and Data Retention requirements.
Services will include:
• Automated monitoring to ensure backups are completing successfully. • Engineer review of backup-related alerts during the business day. • Data retention as required by the Client (e.g. 30 days, 1 year, 7 years) • Quarterly auditing of the backup selection lists and file restore testing. • Annual test restores of a database or server critical to business operations. • Remediation of any issues related to the managed backup solution. • Restoration of files and servers as requested, subject to the limitations described in Sections 4.3 and 4.4
• Encryption of backup data “in transit” and “at rest” when replicating to Xantrion datacenters. • Optional “cloud-to-cloud” backups for supported cloud services: e.g. Office 365 • An optional on-premises “backup appliance.”
4.2 Recovery Point Objective
Servers are backed up nightly, by default.
4.3 Recovery Time Objective
Data recovery requests will be handled in a timely manner, with restore times being subject to a number of factors (ex: internet bandwidth, etc.) File recovery, dependent upon data size, can generally be performed immediately upon notification. Recovery of an entire server may take 24 hours or longer.
4.4 Standby Server Hosting
For clients storing backups in our datacenter, Xantrion maintains spare hosting capacity to allow for recovery in the event of a local disaster impacting client systems (ie: theft, earthquake, fire, flood) • This operation can take 24 to 72 hours and is subject to the availability of resources. • This agreement includes the cost of 1 month of hosting in our datacenters, should long-term failover be required.
• Xantrion has a client concentration in the San Francisco Bay Area. Resource availability is *not* sufficient to permit the immediate recovery of all clients in the event of a regional disaster. 866.926.8746 13 www.xantrion.com
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• Xantrion offers secure server hosting (described in Section 7) for clients who wish to ensure business continuity in the event of local disaster.
4.5 System requirements
• Client systems must be compatible with Veeam, the backup software on which our platform is built. • Client internet services must be sufficient to permit the nightly replication of critical business systems.
As a conservative rule of thumb, assume at a minimum that data will change 5% per day and that 5 GB of data can be moved off-site per day for every 1 Mb/s of available internet upload bandwidth capacity.
4.6 Effect of Termination
• Upon termination of the service agreement, unless otherwise requested, Xantrion will delete all copies of your data from our datacenter infrastructure. • In the event of termination, requests to export backup archives (ie: removable storage media) will be fulfilled on a time and materials basis.
4.7 Estimating data backup costs
The client’s estimated monthly recurring costs associated with managed backups, calculated on a perGB basis, are listed in Section 15.
The amount of data being held in aggregate by our hosted infrastructure is dependent upon several factors, including:
• The amount of data being protected
• Daily data change rate
• The degree to which original data can be compressed and deduplicated in the backups • Retention periods
The table below provides a guideline to estimate the total amount of data you will store in our hosted backup infrastructure, based on the amount of data on your servers that we protect and your retention period.
Your actual costs may vary from these.
Retention
period
GB of compressed data in the
backups per GB of original data being
protected
Off-site Storage Schema
Typical case High case
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30 days 1 : 1 2 : 1
Daily incremental backups for the
first 30 days + 1 Full backup
90 days 2 : 1 3 : 1
Daily incremental backups for the
first 30 days + 3 x Monthly full
backups
1 year 5 : 1 8 : 1
Daily incremental backups for the
first 30 days +
3 x Monthly full backups
3 x Quarterly full backups
1 x Annual full Backup
7 Years 8 : 1 10 : 1
Daily incremental backups for the
first 30 days +
3 x Monthly full backups
3 x Quarterly full backups
7 x Annual full backups
Example:
• Data stored on your systems: 1,000 GB
• Retention Period: 1 Year
• Estimated Data stored on our systems: 5,000 to 8,000 GB • Cost per Stored GB Given in Section 14
• Total Monthly Cost Actual Data stored * Cost per stored GB
4.8 Limitations and client obligations
Clients must define data retention requirements and notify us of any changes to these requirements.
Clients with systems not covered by a CORE IT agreement must identify which systems should be included in the scope of the backups.
Searches of electronic data, restoration of historical data for the purpose of legal investigations will be performed under the time and materials provisions of this agreement.
It is not feasible to ensure the backup of laptop and desktop systems with a high degree of confidence.
Backups of laptop and desktop endpoints, if requested, are performed on a “Best Effort” basis. As a Best Practice, all sensitive data should be stored on server hardware or in a secure cloud environment. 866.926.8746 15 www.xantrion.com
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5 Managed Security Essentials
5.1 Description of Services
Xantrion’s Managed Security Essentials service helps clients achieve an enhanced cybersecurity posture and implement appropriate defensive safeguards to address common cybersecurity threats.
5.2 List of Services
The following services are included in Managed Security Essentials:
5.2.1 Security Awareness Training
End users may subscribe to Xantrion’s standard security awareness training program. This program will consist of periodic email security testing and optional online video-based training.
5.2.2 Multi-Factor Authentication
Xantrion will supply and manage an approved multi-factor authentication system.
5.2.3 Mobile Application Management
Xantrion will supply and manage an approved mobile application management system.
5.2.4 Advanced Internet Filtering
Xantrion will deploy advanced internet filtering technology to laptops, extending internet filtering to these devices when they are outside the corporate network. Internet filtering includes the detection of malware and blocking of malicious domains.
5.3 Security Incident Response
5.3.1 Overview
Xantrion will assist our clients in responding to Security Incidents affecting their information systems within the limitations of existing agreements. Client Security Incidents are handled according to Xantrion’s pre-defined Security Incident Response Policy.
Please see Section 5.4 regarding limitations on services provided pursuant to this provision.
5.3.2 Definitions
Security Event: Any observable change or occurrence in a system. Certain correlated events may become Security Alerts through automated analysis.
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Security Alert: Notifications that a certain event or series of events have occurred. Alerts can be generated from automated systems or received in the form of user request to our service desk.
Security Alerts may be escalated to become Security Incidents.
Security Incident: A single or series of security events that, as assessed by Xantrion, have a significant likelihood of threatening information security and impacting business operations.
Containment: Containment of a Security Incident are tasks performed by incident responders to limit the scope and impact of an ongoing Security Incident.
Recovery: Recovery from a Security Incident is the process of returning impacted systems to normal operation and removing artifacts of the incident from the system. (For example; removing malware and recovering data from backup). Recovery steps may include remediation of security vulnerabilities to prevent future incidents.
5.3.3 Classification and Prioritization
Xantrion classifies Security Alerts into 4 categories:
Category Description
Insufficient
Information
Xantrion does not have the required information to properly classify this alert. Additional information is required from the client to continue processing this alert.
Harmful The alert is identified as an attack or attempted attack that may result in damage or unauthorized access to information systems.
The cause of the alert has rendered the Client’s infrastructure vulnerable or compromised. Harmful alerts are escalated as Security Incidents.
Harmless The alert is identified as a known attack, attempted known attack or reconnaissance effort. The client’s systems are not considered vulnerable or compromised.
False
Positive
The alert may be falsely triggered, is informational, or has been determined to be benign.
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Xantrion prioritizes Security Incidents, based on their functional, informational, and recoverability impact:
Priority Description
High The incident impacts critical business functions. Represents a high likelihood of impacting information availability or confidentiality or requires a significant recovery effort.
Medium The incident impacts multiple users. Represents a medium likelihood of impacting information availability or confidentiality. Recoverability effort is expected to be less than 24 hours.
Low The incident is limited in scope and does not significantly impact business operations. There is a low likelihood of impacting information availability or confidentiality the recovery effort is minimal.
5.3.4 Detection
Security Incidents are declared solely by Xantrion based a variety of sources including automated analysis and reports from end users. Xantrion will assess incoming Security Alerts to determine if a Security Incident is occurring or has occurred.
5.3.5 Notification
Xantrion will notify our clients within 24 hours after a High or Medium priority Security Incident has been declared within the environment.
5.3.6 Containment and recovery
For systems covered by CORE IT, Xantrion will perform all reasonable tasks to contain a Security Incident and once contained, recover systems to normal operation.
5.3.7 Post-Incident activity
An Incident Report will be produced by Xantrion for all High and Medium priority Security Incidents.
The report will be limited to Xantrion’s involvement in the incident including: a summary of the incident, timeline of events, impact analysis, containment and recovery steps, root-cause analysis, and any additional recommended actions.
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5.4 Limitations and Client Obligations
5.4.1 Disclaimer of Warranty
Information security and compliance is a wide-ranging discipline which requires the involvement from all parts of a business. Xantrion’s expertise and this service are limited specifically to the technical cybersecurity aspects of a comprehensive information security program. It is important to understand that subscribing to this service alone does not guarantee compliance with any law or regulation nor guarantee the absolute security of your systems.
5.4.2 Data Security Responsibility
Client acknowledges and agrees that Xantrion does not provide legal services or warrant that the services or products provided or obtained on client’s behalf will ensure client’s compliance with any law, including but not limited to any law relating to safety, security or privacy.
5.4.3 Missing information
Client is responsible for providing missing information for alerts classified as “Insufficient Information”. If client fails to supply such information Xantrion may send a reminder or close the alert.
5.4.4 Incident Response
It is the responsibility of the client to direct Xantrion’s response to an incident according to their own policies and procedures, especially if evidence must be preserved, or a forensic investigation is expected. Clients are advised to maintain their own incident response plan including their own reporting requirements.
The primary goal of Xantrion’s incident response service is to contain and recover from Security Incidents. Client is aware that Xantrion may take immediate action without notification to contain and recover from a detected incident. Certain containment and recovery actions may hinder future forensic investigations.
Xantrion’s capabilities to assist with containment and recovery are limited for systems not covered by a CORE IT agreement. Containment of, and recovery from Security Incidents for these systems will be performed in coordination with the client on a best effort, time and materials basis.
5.4.5 Investigations
Clients are advised that services provided under Managed Security Essentials are not designed to capture information required to support a forensic investigation. 866.926.8746 19 www.xantrion.com
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Investigation including root cause analysis, preservation of evidence, attempts to determine if information was accessed or exfiltrated by unauthorized actors, or to identify unauthorized actors will be performed on a best efforts, time and materials basis. 6 Managed Security
6.1 Description of Services
Xantrion’s Managed Security service delivers a multi-layered cybersecurity solution tailored for small and medium businesses. The service is designed to aid clients in meeting regulatory compliance requirements and operating a secure computing environment.
Managed Security requires a Systems Monitoring agreement for all covered systems.
6.2 List of Services
The following services are included as part of the full Managed Security offering.
6.2.1 Cybersecurity Roadmap
Xantrion will provide access to our internally developed cybersecurity standards based on industry leading control frameworks. A gap analysis will be performed, at least annually, between our developed standards and current state including recommendations for improving the client’s security posture.
6.2.2 Automated Security Analysis and Alert Management
Automated analysis will be performed on logs, system configurations, and other data points using metrics developed by Xantrion and its partners. Alerts will be triggered on specific pre-defined conditions and will generate a support ticket to be handled by Xantrion’s Network Operations Center (NOC) or Service Desk.
6.2.3 Customized Security Awareness Training
Xantrion will customize a security awareness training program using the included training platform including phishing email exercises and video-based training.
6.2.4 Log Aggregation and Management
Xantrion will install a system to collect specific security logs from capable servers and network security devices. These logs will be stored for 30 days in a resilient and secure hosted location.
Xantrion will provide and install necessary log collectors and configure supported systems to send logs. At the end of the retention period, log data will be permanently deleted on a first-in-first-out 866.926.8746 20 www.xantrion.com
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(FIFO) basis. If this agreement is terminated for any reason, Xantrion will be relieved of its obligation to store client’s log data. Retention beyond 30 days is available at additional cost.
6.2.5 Vulnerability Scanning and Management
Xantrion will scan Client’s internal and internet facing hosts on a quarterly basis for devices covered by this agreement. The scan data will be used to identify known vulnerabilities and results summarized and delivered to client for review.
For systems covered by a CORE IT agreement, critical vulnerabilities will be scheduled for remediation. For systems not covered by a CORE IT agreement remediation can be performed on a time and materials basis.
6.2.6 Sensitive Data Discovery
Xantrion will scan client’s network annually, or more often as mutually agreed, to discover locations where sensitive data, such as Personally Identifiable Information (PII), is stored. Results will be summarized and delivered to client for review.
6.2.7 Account Authentication Analytics
Xantrion will manage an approved authentication analytics system. The system is designed to detect abnormal account behavior which may indicate compromise.
6.2.8 Identity Access Management
Xantrion will manage an approved identity management system used to provide single-sign on capabilities between the client’s identity provider and other systems.
6.2.9 Self-Assessment Support
Xantrion will provide support If client initiates or is requested to perform a self-assessment or complete a security questionnaire by a regulating agency, or partner. Included support is limited to responding to pre-formed questionnaires.
6.2.10 Quarterly Reporting
On a quarterly basis Xantrion will deliver a report describing the performance of services included in this agreement.
6.2.11 Annual Security Review
Xantrion will meet with the client on an annual basis to review their cybersecurity program. Topics for review during this meeting can include:
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• Security Incidents
• Existing cybersecurity policies
• Latest security reports
• Exceptions to standards or recommendations
6.3 Limitations and client obligations
The following services can be performed according to the time and materials provisions of the General Service Agreement.
• New functionality added to existing systems, including new single-sign-on integrations. • Vendor Assessments
7 Hosting
7.1 Description of Services
Xantrion will host your systems on Xantrion-owned assets, configured to provide a fault-tolerant operating environment for your critical systems.
7.2 Data location
Data is stored in secure DataCenter locations in the continental United States.
7.3 Service Level Agreement
See Section of this document.
7.4 Effect of Termination
Unless otherwise agreed upon, all client data will be deleted from our hosting environment upon termination of this service.
Prior to termination, in order to ensure continuity of service, at no cost, we will make server images and / or data available to Client or Client’s new service provider for migration to their systems.
We can perform a migration from our service to an alternate provider or provide copies of images on portable media on a time and materials basis.
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8 Limitations applicable to all services
8.1 Support for End Users not covered by a CORE IT agreement Support requests for end users not covered by a CORE IT agreement must be escalated to us by the client’s internal IT team. Xantrion cannot take support requests directly from end users, themselves.
8.2 Policy Authoring, Audit, and Questionnaire Support
Assistance with the creation of Client’s internal compliance and security policies, responses to third party audit requests for a detailed description of client’s cybersecurity, business continuity and / or disaster recovery practices will be provided on a time and materials basis. E.G. regulatory examinations, ISO certification, SSAE audits, investor, insurance, or other due diligence requests. 9 Authorized Contacts
The Client will provide Xantrion with a list of individuals, including e-mail addresses and mobile phone numbers, who are authorized to approve access control requests, as defined in the “Support FAQs for Liaisons” document.
10 Phone and Email Support hours of operation
Our phones are answered live 24 x 7 x 365. Details of coverage as follows:
10.1 Phone Answer
• Phones are answered live by our Client Service Representatives from 5:00 AM to 7:00 PM PST, Monday through Friday, excluding normal holidays. Our CSRs will make every effort to connect you to an Engineer who can assist you immediately.
• If all Engineers are busy when you call, we can arrange for a scheduled call-back • Calls received outside of the defined business hours will be taken by a third-party answering service who will then patch the call to an On-Call Engineer, for resolution.
10.2 E-mail processing
• For non-urgent issues and change requests, email [email protected] • Expect a response within 1 business day
• Do not e-mail if you need help immediately; please call 866.926.8746 23 www.xantrion.com
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• E-mail requests are monitored between 5AM to 6PM PST weekdays, excluding holidays. Messages received after hours are converted into a ticket that is assigned to an Engineer at the start of the next business day
11 Rates for Services Outside of Scope
Base Hourly rate
C Level $260/hr.
Engineer IV $230/hr.
Engineer III $205/hr.
Engineer II $180/hr.
Engineer I $150/hr.
• Business hours are 6:00 AM to 7:00 PM PST (M-F,) excluding traditional holidays. • Work outside of business hours, or scheduled less than 1 day in advance, is charged at 1.5 times the applicable base hourly rate.
• Work is charged in fifteen (15) minute increments.
• The minimum site visit charge is four (4) hours of service. 12 Travel Expenses
• There is no charge for travel within our normal service area, defined as the 9 counties that make up the “Bay Area.”
• Client will be notified in advance of any travel or work outside of the Bay Area that will incur added costs.
• Travel Expenses associated with work outside of the Bay Area (including transportation, hotel stays, per diem food expenses) will be billed to the client at cost. • Time associated with travel outside of the Bay Area will be billed at ½ of the applicable Base Hourly Rate.
866.926.8746 24 www.xantrion.com
15900501.4
13 Service Level Agreement
13.1 Response Time
13.1.1 Business-Critical issues
• For “business-critical” issues, or those that prevent a group of individuals from doing their work, Xantrion will make every effort to respond immediately. Your vCIO, if available, or a Xantrion manager, will coordinate the appropriate resources on the Xantrion side and provide you with a summary of impacted systems, a remediation plan and regular updates on progress. • Xantrion will work the issue continuously until resolved, engaging Sr-level Engineering resources, subject matter experts, and vendors, as required.
13.1.2 Non-Urgent Issues and Change Requests
• For non-urgent issues and change requests, email [email protected] • Expect a response within 1 business day
• E-mail requests are monitored between 5AM to 6PM PST weekdays, excluding holidays. Messages received after hours are converted into a ticket that is assigned to an Engineer at the start of the next business day
13.2 Service Level Credits
For each thirty (30) minutes of downtime from the time we are notified (excluding scheduled maintenance,) Xantrion will issue a credit of five percent (5%) of the total Hosted Services, Systems Monitoring or Managed Backup Fees due to Xantrion for the month in which such Critical event occurred, not to exceed the total Hosted Services, Systems Monitoring or Data Backup Fees for such month.
Client is not entitled to a credit for downtime or outages resulting from circumstances beyond our control including, but not limited to, ransomware, denial of service attacks, virus attacks, or hacking attempts. 14 Client-Specific Provisions
None.
866.926.8746 25 www.xantrion.com
15900501.4
15 Costs and Service Detail
Type Qty Each Total
Active Users 450 $208 $93,600
Managed SIEM 1 $1,000 $1,000
Backups TBs 60 $100 $6,000
Monthly Total $100,600
Annual Total $1,207,200
The price and employee counts will stay constant through the first year unless there are significant changes to the environment; significant defined as 10% or more of the monthly cost. 866.926.8746 26 www.xantrion.com
15900501.4
16 Counterparts
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, when taken together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written below.
Signed:
Printed: Anne Bisagno
Title: President
Company Xantrion, Inc.
Date: August 31, 2025
CITY OF SAN RAFAEL
By: ______________________________
CRISTINE ALILOVICH, City Manager
ATTEST:
______________________________
LINDSAY LARA, City Clerk
APPROVED AS TO FORM:
______________________________
ANDREA VISVESHWARA, City Attorney
City of San Rafael
Proclamation in Recognition of
Support of Cybersecurity Awareness Month
WHEREAS, the City of San Rafael recognizes that it plays a vital role in identifying, protecting its residents from, and responding to cybersecurity threats that may have a significant impact on our individual and collective safety and privacy; and
WHEREAS, critical infrastructure (i.e., financial services, educational institutions, energy, telecommunications, transportation, utilities, health care, and emergency response systems, etc.) is increasingly reliant on the support of information systems and technology; and
WHEREAS, cybersecurity training and awareness are crucial for everyone, including small businesses, financial institutions, schools, government agencies, nonprofit organizations, home users, and anyone who connects to the internet, be it with a computer, mobile phone, or other internet-connected device; and WHEREAS, monitoring your accounts, being conscientious of what you share online, keeping computer software up to date, creating unique passwords and changing them regularly, installing antivirus programs and firewalls, and using mobile devices and other internet-connected devices safely, are ways people and organizations can protect themselves from phishing, viruses, ransomware, other types of malware, financial loss, and loss of sensitive data; and
WHEREAS, the Mayor and City Council are dedicated to the implementation and success of Cybersecurity Awareness Month, to help the community of San Rafael stay safe online and connect with confidence; and
NOW, THEREFORE, WE, the Mayor and City Council of San Rafael, do hereby proclaim the Month of October 2025,
Cybersecurity Awareness Month
Kate Colin
Mayor
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 5.g
Meeting Date: October 6, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Finance
Prepared by: Paul Navazio
Finance Director
City Manager Approval: ______________
TOPIC: MEASURE C - WILDFIRE PREVENTION FUND
SUBJECT: RESOLUTION AUTHORIZING A FISCAL YEAR (FY) 2025-26 SUPPLEMENTAL
BUDGET APPROPRIATION FROM MEASURE C, WILDFIRE PREVENTION FUND (242) FUND BALANCE IN THE AMOUNT OF $1,108,319 TO SUPPORT ONGOING
WILDFIRE PREVENTION EFFORTS
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution authorizing supplemental fiscal year (FY) 2025-26 budget appropriations of $1,108,319 from the available Measure C – Wildfire Prevention Fund (242) fund balance to support ongoing wildfire prevention efforts.
BACKGROUND:
Measure C is a Countywide Parcel Tax approved in 2020 to provide funding dedicated to Wildfire Prevention, with five focus areas:
1) Defensible Space and Home Hardening
2) Vegetation Management
3) Evacuation Route Improvements
4) Public Education
5) Grants (Resident Support)
Annual funding allocations are approved by the Marin Wildfire Prevention Agency (MWPA) Board and allocated programmatically as follows:
• Core Program (60% of revenue) – projects and budgets require MWPA Board approval; funding is provided on a reimbursement basis to the City of San Rafael to support programs within the San Rafael “zone”, which includes Marinwood and nearby Community Service Areas. • Defensible Space Program (20% of revenue) – funding is provided to the City of San Rafael for specific activities focused on defensible space inspections and helping residents achieve risk mitigation on their property.
• Local Program (20% of revenue) – this represents discretionary funding provided to local jurisdictions and can be used on any activities identified by the local jurisdiction, provided alignment with the objective of the tax measure. For the City of San Rafael, most of these funds support the City’s ignition reduction programs, staff, and small and responsive projects.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Overall, the City of San Rafael accounts for approximately 24% of Measure C revenues and directly controls the implementation of approximately $3.9 million for use as prescribed within each program category. This agenda item has been prepared to authorize the reappropriation of Measure C – Wildfire Prevention Funds approved in prior fiscal year(s), for specified purposes, to support FY 2025-26 activities consistent with the programmatic funding allocations provided by the MWPA and in alignment with various City plans.
ANALYSIS:
The City’s approved FY 2025-26 budget provides budget appropriations supported by new Measure C funding allocations totaling $3,946,917, to include the Program ($1,728,173), Defensible Space ($920,919), and Local programs ($1,297,824).
City Council action is requested to authorize supplemental FY 2025-26 budget appropriations in the amount of $1,108,319, representing funding approved in prior year(s) to support ongoing wildfire prevention program activities, as follows:
Core Program activities $ 10,000
Defensible Space Program activities $ 734,000
Local Program activities $ 364,319
Total Supplemental Budget Appropriations $ 1,108,319
This level of supplemental budget appropriations would augment the funding approved as part of the FY 2025-26 budget, based on an analysis of priority needs and staff capacity to implement increased wildfire prevention activities. At the time of the development and adoption of the FY 2025-26 Budget, the Wildfire Prevention Division did not have adequate staff capacity to implement more programmatic work than was originally budgeted. Subsequently, now being fully staffed, the City can implement more programming activities than originally anticipated. For example, vegetation management efforts have expanded beyond immediate areas around homes and now will include plans to treat large portions of areas with historic fire activity, including acreage on San Rafael Lincoln Hill. Another example is the City’s ability to distribute more funding to property owners to request grant funds up to $7,500 to replace their wood shake roofs, which could support all 70 single family residences and about 15 HOA managed parcels which need to replace wood shake roofs.
Many large wildfire mitigation projects and costs occur May-October, spanning the fiscal year. This makes budgeting on a fiscal year challenging and often results on budgets rolling over between fiscal years.
Additionally, the timing of the MWPA workplan and budget cycle is not aligned with the City’s process, posing challenges in assure accurate appropriations.
FISCAL IMPACT:
The staff recommendation would authorize fiscal year (FY) 2025-26 supplemental budget appropriations of $1,108,319 from available Measure C – Wildfire Prevention Fund (242) fund balance to support increased wildfire prevention program activities, consistent with prior budget authorizations and overall Measure C program objectives.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Approve the recommended resolution.
2. Adopt resolution with modifications.
3. Direct staff to return with more information.
4. Take no action.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution authorizing supplemental fiscal year (FY) 2025-26 budget appropriations of $1,108,319 from the available Measure C – Wildfire Prevention Fund (242) fund balance to support ongoing wildfire prevention efforts.
ATTACHMENT:
1. Resolution
RESOLUTION NO.
RESOLUTION AUTHORIZING A FISCAL YEAR (FY) 2025-26 SUPPLEMENTAL
BUDGET APPROPRIATION FROM MEASURE C, WILDFIRE PREVENTION FUND (242) FUND BALANCE IN THE AMOUNT OF $1,108,319 TO SUPPORT ONGOING
WILDFIRE PREVENTION EFFORTS
WHEREAS, the City Council approved Resolution No. 15421 adopting the fiscal year (FY) 2025-26 budget; and
WHEREAS, Resolution No. 15421 provided authorization to carry-forward encumbered appropriations from FY 2024-25 and reappropriate these funds in FY 2025-26 to be used solely to pay for the remaining portion of commitments stemming from executed contracts and purchase orders, as of June 30, 2025; and WHEREAS, Resolution No. 15421 further provided that authorization to carryover unencumbered FY 2024-25 appropriations supporting capital projects and onetime operational expenses for which contracts or purchase orders were not executed as of June 30, 2025, would be subject to future City Council action; and WHEREAS, staff has reviewed and analyzed available unencumbered FY 2024- 25 budget appropriations within Measure C – Wildfire Prevention Fund (242) that were approved for specific programs and operational initiatives, and for which funding is needed to support workplan activities within the current fiscal year; NOW, THEREFORE, BE IT RESOLVED, by the San Rafael City Council, that Resolution No. 15421 approving the citywide budget and Capital Improvement Budget for FY 2025-26 is hereby further amended to authorize supplemental budget appropriations totaling $1,108,319, representing carry-over of available unencumbered FY 2024-25 appropriations within Measure C - Wildfire Prevention Fund (242) to support ongoing workplan efforts.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a special meeting of the Council of said City on Monday, the 6th day of October 2025 by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
__________________________
LINDSAY LARA, City Clerk
City of San Rafael
In Recognition of
Fire Prevention Week 2025
WHEREAS, Historically, one week every October is known as Fire Prevention Week and is intended to help raise awareness of the risks of various types of fires; and WHEREAS, this year, Fire Prevention Week will be held from Sunday, October 5, to Saturday, October 11; and
WHEREAS, Fire Prevention Week was started by the National Fire Protection Association in 1922 to commemorate the Great Chicago Fire of 1871; and WHEREAS, the Great Chicago Fire burned from October 8th to October 10th, killing over 300 residents and destroying over 17,000 buildings with damages totaling $4.484 billion in today’s dollars; and
WHEREAS, Fire Prevention Week is the longest-running public health observance in our country; and
WHEREAS, Fire Prevention Week teaches children and adults how to stay safe in the event of fire; and
WHEREAS, residential fires are the leading cause of injury and death and can affect anyone regardless of age, gender, race, orientation, income level, religion, or background; and
WHEREAS, a recent fire in our community on August 21, 2025 tragically claimed the lives of two of our community members, while displacing 55 others, reminding us that San Rafael is not immune to this danger and that we all can make a difference in fire prevention; and
WHEREAS, this year’s fire prevention theme is, Charge into Fire Safety: Lithium-Ion Batteries in Your Home.”; and
WHEREAS, Most electronics in homes are powered by lithium-ion batteries, and if not used correctly or damaged, can overheat and start a fire or explode.
NOW, THEREFORE, I, Kate Colin, Mayor of San Rafael, do hereby proclaim the week of October 5 through October 11, 2025, as Fire Prevention Week and, in doing so, urge all residents and community members to take the steps, guidance, and measures necessary to use lithium-ion batteries with caution and care.
Kate Colin
Mayor
____________________________________________________________________________________
FOR CITY CLERK ONLY
File No.: _______________________________
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 7.a
Meeting Date: October 6, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: CITY MANAGER
Prepared by:
John Stefanski,
Assistant City Manager
Catherine Quffa,
Library and Recreation Director
City Manager Approval: ______________
TOPIC: CAPITAL PROJECT MANAGEMENT SERVICES CONTRACT FOR ALBERT PARK
LIBRARY & COMMUNITY CENTER AND MEASURE P PROJECT UPDATE SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH GRIFFIN STRUCTURES FOR
ALBERT PARK LIBRARY & COMMUNITY CENTER CAPITAL PROJECT
MANAGEMENT SERVICES, IN AN AMOUNT NOT TO EXCEED $350,000 IN FY 2025- 26; AND SUBSEQUENT AMENDMENTS BASED ON EACH FISCAL YEAR’S APPROPRIATION FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $4,440,606 THROUGH PROJECT COMPLETION; MEASURE P PROJECT UPDATE
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution authorizing the City Manager to execute a Professional Services Agreement with Griffin Structures for capital project management services for the Albert Park Library & Community Center project in an amount not to exceed $350,000 in FY 2025-26; and subsequent amendments based on each fiscal year’s appropriation for a total contract amount not to exceed $4,440,606 through Project Completion.
BACKGROUND:
In November 2024, San Rafael voters passed Measure P; a citizen’s initiative to fund a new main library and community center at Albert Park. Measure P established a non-ad valorem parcel tax for the purpose of building these facilities, representing a significant investment in the city's cultural and civic institutions.
This project will be one of the largest capital projects undertaken by San Rafael in recent years.
The existing Downtown Carnegie Library, while a beloved historic building, has significant size and infrastructure limitations that restrict its ability to meet the modern library service needs of San Rafael's growing population. Similarly, the current San Rafael Community Center at Albert Park, built in the 1970s, has substantial deferred maintenance needs and structural deficiencies. The new Library & Community SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Center (Project) will be located at Albert Park and is intended to serve as a vibrant community resource and hub for civic, cultural, and social enrichment. The new facility aims to address the limitations of the existing buildings while providing expanded services to the community.
Measure P provides funding through a parcel tax of $0.145 per square foot of improved building area per year and $75 per vacant parcel per year on taxable real property within the City. The tax will commence on July 1, 2025, and will continue for thirty years or as long as bonds for the planning and construction of the facilities remain outstanding, whichever is longer. The City currently anticipates an overall project completion date of early 2031.
Given the project's complexity, including site constraints, community engagement requirements, environmental considerations, and technical challenges of integrating library and community center functions, professional project management services are needed. This approach mirrors that of the City’s prior Essential Facilities Project, which included the construction of the Public Safety Center and the construction and rehabilitation of several fire stations.
ANALYSIS:
Request for Proposals Process, Evaluation, and Results
The City issued a Request for Proposals (Attachment 3) on Monday, June 2, 2025, with proposals due Wednesday, July 9, 2025. The procurement solicited proposals from various experienced firms to assist the City with the pre-construction planning phase, which includes community engagement, design, permitting, and oversight of the construction phase of the new Albert Park Library and Community Center.
The City received eight proposals from qualified firms: 6D PMCM, Griffin Structures, Cumming Group, Roebbelen Contracting Inc., Equity Community Builders, Swinerton Management & Consulting, Ghirardelli Associates Inc., and Kitchell/CEM Inc. Each of these proposals was evaluated by an evaluation committee using weighted criteria: Completeness of Proposal (5%), Knowledge and Understanding (30%), Firm Qualifications (30%), Management Approach (20%), References (15%).
Based on evaluation results, three finalists were selected for in-person presentations and interviews:
• Swinerton Management & Consulting
• Griffin Structures
• Cumming Group
On July 22, 2025, staff interviewed the three finalists and recommended Griffin Structures for a final interview with the City Council’s Measure P Subcommittee. On July 28, 2025, the Subcommittee had the opportunity to meet with Griffin Structures to ask questions about their approach, qualifications, and project timeline. The Subcommittee expressed satisfaction with Griffin's experience, proposed project approach, and commitment to delivering a facility that meets the community's vision and Measure P requirements. This sentiment was echoed by several members of the San Rafael Public Library Foundation who attended the meeting.
Following this process, the staff evaluation committee selected Griffin Structures as the finalist for this contract. A copy of their proposal can be found in Attachment 4.
Griffin Structures Qualifications
Griffin Structures was founded as a public sector developer specializing in "concept to keys" project delivery for municipal and educational clients. The company maintains offices in Santa Clara, with a dedicated team of over 50 professionals, including seasoned program and construction managers, and individuals professionally trained in both design and construction. Griffin has led the delivery of over 70 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
library facilities and high-volume community centers, and they have a deep understanding of municipal processes, procurement requirements, and public engagement needs. Notable recent projects include:
• Half Moon Bay Library ($24M): 22,000 square feet (SF) library completed in 2018 • Burlingame Community Center & Washington Park ($55M): 37,000 SF integrated facility completed in 2022
• Cupertino Library Expansion ($8M): 10,000 SF facility completed in 2022 Griffin has committed Gary Chubb as Project Executive for this work. Gary has over 30 years of experience in community outreach, alternative project delivery methods, pre-construction, entitlements, and strategic project management. He brings specific experience supporting the development of the Tustin Library, Foster City Recreation Center, and Rancho Santa Margarita Community Center. Gary will be supported by a highly experienced, comprehensive team of individuals and firms to provide specialty services for the project.
Griffin has proposed a five-phase tentative timeline:
1. Project Planning (October 2025 - April 2026, 6 months): Project mobilization, programming analysis, community needs assessment, project delivery method selection, and design team procurement.
2. Community Engagement, Design, and Planning (May 2026 - February 2028, 22 months):
Extensive community engagement, conceptual design development, schematic design, design development, and construction document preparation.
3. Contractor Bidding (March - June 2028, 4 months): Construction document finalization, bid advertisement, proposal evaluation, and contract award.
4. Construction (July 2028 - December 2030, 30 months): Site preparation, major construction, systems installation, and final commissioning.
5. Post Construction (January - March 2031, 3 months): Warranty management, operations training, and project closeout.
Staff believe Griffin Structures demonstrated the strongest qualifications, the most comprehensive approach, and the best value for delivering this significant community project successfully and therefore recommends them to serve as the Capital Project Management Firm for this project.
Project Approach
The project will operate under a comprehensive governance framework, with the Measure P Subcommittee (comprising Vice Mayor Maribeth Bushey and Councilmember Eli Hill) serving as the primary Council subcommittee. The Subcommittee will:
• Review major deliverables and provide feedback on site planning, design elements, programming, and facility features.
• Participate in consultant selection processes.
• Approve change orders within established thresholds (pending future City Council action). • Ensure compliance with voter-mandated Measure P requirements.
On the administrative side, supporting governance will include a Project Steering Committee and a Technical Advisory Committee. The Project Steering Committee will be led out of the City Manager’s Office, will include department representatives from Library & Recreation and Public Works, and will SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
provide overall strategic direction and ensure the project aligns with the organization's mission and objectives. The Technical Advisory Committee will be a cross-departmental team, including sustainability, emergency management, digital, and community and economic development, that will provide technical and programmatic guidance throughout the project phases.
As part of the project approach, a Community Stakeholder Committee will be established to provide input on programming, use, and design of the facility. This seven-member committee will include representatives from:
• Board of Library Trustees
• Friends of the San Rafael Public Library
• Goldenaires Senior Citizens Organization
• Park & Recreation Commission
• San Rafael Chamber of Commerce
• San Rafael Public Library Foundation
• San Rafael City Schools
The Committee will meet a minimum of four times during the design phase to review the initial program plan, community engagement results, and conceptual and schematic design concepts before they are presented to the Measure P Subcommittee, Board of Library Trustees, Park & Recreation Commission, Planning Commission, and City Council.
COMMUNITY OUTREACH:
The selection of Griffin Structures followed a transparent public procurement process. As the project advances, Griffin will lead extensive community engagement efforts in coordination with the Measure P Council Subcommittee, Community Stakeholder Committee, and City staff. This will include multiple rounds of public input on programming, design concepts, and facility features to ensure the new library and community center truly serve the community's needs and priorities.
FISCAL IMPACT:
The Professional Services Agreement with Griffin Structures is for an amount not to exceed $4,440,606 for capital project management services through project completion. Funding to support this contract will be provided through Measure P (Fund 430). Fiscal Year (FY) 2025-26 costs are anticipated to be approximately $350,000 and are included in the FY 2025-26 budget. Funding to support future years’ costs associated with this multi-year Professional Services Agreement will be appropriated through the annual budget process.
OPTIONS:
The City Council has the following options to consider:
1. Approve the staff recommendation
2. Make modifications to the staff recommendation.
3. Direct staff to return with more information.
4. Take no action.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt the Resolution authorizing the City Manager to execute a Professional Services Agreement with Griffin Structures for capital project management services for the Albert Park Library & Community Center project in an amount not to exceed $350,000 in FY 2025-26; and subsequent amendments based on each fiscal year’s appropriation for a total contract amount not to exceed $4,440,606 through Project Completion.
ATTACHMENTS:
1. Resolution
2. Griffin Structures Contract
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
3. Measure P Capital Project Management Services RFP
4. Griffin Structures Proposal
RESOLUTION NO.
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
GRIFFIN STRUCTURES FOR ALBERT PARK LIBRARY & COMMUNITY CENTER
CAPITAL PROJECT MANAGEMENT SERVICES, IN AN AMOUNT NOT TO EXCEED $350,000 IN FY 2025-26; AND SUBSEQUENT AMENDMENTS BASED ON EACH FISCAL YEAR’S APPROPRIATION FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $4,440,606 THROUGH PROJECT COMPLETION
WHEREAS, in November 2024, San Rafael voters passed Measure P, an initiative to fund a new main library and community center at Albert Park; and WHEREAS, the City has determined that professional project management services are needed to provide support to the Albert Park Library and Community Center capital project due to the complex needs of this project; and
WHEREAS, the City issued a Request for Proposals on June 2, 2025, and received proposals from eight qualified firms; and
WHEREAS, Griffin Structures has submitted a scope of work and proposal for providing assistance related to professional project management to the City, including a list of anticipated activities/tasks and the rate for performance of these services; and WHEREAS, on July 22, 2025, staff interviewed the three finalists and recommended Griffin Structures for a final interview with Council’s Measure P Subcommittee; and WHEREAS, on July 28, 2025, the Subcommittee had the opportunity to meet with Griffin Structures to ask questions about their approach, qualifications, and project timeline.
WHEREAS, the Subcommittee expressed satisfaction with Griffin's experience, community engagement strategy, and commitment to delivering a facility that meets the community's vision and Measure P requirements; and
WHEREAS, the City determines that Griffin Structures’ proposal meets the needs of the project's complexity—including site constraints, community engagement requirements, environmental considerations, and technical challenges of integrating library and community center functions; and
WHEREAS, the costs associated with Griffin Structures’ proposed professional services are already appropriated through Measure P, Fund 430.
NOW, THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the City Manager or their designee to execute a professional services agreement with Griffin Structures in an amount not to exceed $350,000 for FY 2025-26, and subsequent amendments based on the amount on each subsequent fiscal year’s appropriation for a total contract amount of not to exceed $4,440,606 through Project completion.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 6th day of October 2025, by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_________________
Lindsay Lara, City Clerk
v. Feb 2025 Page 1
CITY OF SAN RAFAEL
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Contract”) is entered into by and between the City of San Rafael (“City”) and __________________________________________ (“Contractor”), a __________________________________________________ for __________________________________________________________, and is effective on _____________________ (“Effective Date”). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Contract.”
RECITALS
A. City desires to secure professional services more fully described in this Contract, at Exhibit A, entitled “SCOPE OF WORK”; and
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, and necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and
C. Contractor acknowledges that the execution of this Contract by the City is predicated upon the representations made in Contractor’s proposal dated _________________ submitted to the City; and
D. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
NOW, THEREFORE, the parties hereby agree as follows:
CONTRACT
1. WORK TO BE PERFORMED.
Except as otherwise may be expressly specified in this Contract, Contractor shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as “Services”) to satisfactorily complete the work required by City at its sole risk and expense. Services to be provided to City are more fully described in Exhibit A entitled “SCOPE OF WORK.”. not dated
Griffin Structures, Inc.
Capital Project Management Services for the new Albert Park Library & Community Center California
Docusign Envelope ID: D7454497-FE54-4D64-9F60-57679C95B274 Corporation
v. Feb 2025 Page 2
2. COMPENSATION.
In consideration for Contractor’s complete performance of the Scope of Work, City will pay Contractor in accordance with the rates and/or prices set forth in Exhibit A, up to the not-to-exceed amount of $_____________.
Contractor shall not increase its rates throughout the Term of this Contract, except that upon 60 day written notice, Contractor may adjust its rates no more than once annually at a maximum amount equal to the percentage change through December in the prior calendar year to the consumer price index (“CPI”) for California, All Urban Consumers, San Francisco-Oakland-San Jose areas, not to exceed five percent (5%).
Contractor will bill City on a monthly basis for work performed by Contractor during the preceding month, subject to verification by City. City will pay Contractor within thirty (30) days of City’s receipt of invoice.
3. TERM OF CONTRACT.
This Contract becomes effective upon the date listed as "Effective Date" and shall remain in effect until the completion of all obligations of both Parties hereto, or ___________________________ from the Effective Date, whichever comes first, unless terminated or amended as provided herein.
4. RELIANCE ON PROFESSIONAL SKILL OF CONTRACTOR.
Contractor represents that it has the necessary professional skills to perform the work required and the City shall rely on such skills of the Contractor to do and perform the work. In performing the work hereunder Contractor shall adhere to the standards generally prevailing for the performance of expert consulting services similar to those to be performed by Contractor hereunder.
Contractor represents that it has reviewed Exhibit A and that in its professional judgment the work to be performed under this Contract can be performed for a fee within the maximum amount set forth herein and within the times specified.
Contractor represents that it possesses all necessary training, licenses and permits to perform the Scope of Work and that its performance of the Scope of Work will conform to the standards of practice of a professional having experience and expertise in performing professional services of like nature and complexity of the Scope of Work working on similar, successfully completed projects.
The granting of any progress payment by City, or the receipt thereof by Contractor, or any inspection, review, approval or oral statement by any representative of City or any other governmental entity, shall in no way waive or limit the obligations in this Paragraph 4 or lessen the liability of Contractor for unsatisfactory work, including but not limited to cases where the defective or below standard work may not have been December 31, 2031
4,440,606
-------------------------
Docusign Envelope ID: D7454497-FE54-4D64-9F60-57679C95B274 v. Feb 2025 Page 3
apparent or detected at the time of such payment, inspection, review or approval.
5. PROJECT COORDINATION.
A. City’s Project Manager. ________________________________ is hereby designated the Project Manager for the City and said Project Manager shall supervise all aspects of the progress and execution of this Contract.
B. Contractor’s Project Director. Contractor shall assign a single Project Director to have overall responsibility for the progress and execution of this Contract for Contractor. ___________________________________ is hereby designated as the Project Director for Contractor. Should circumstances or conditions subsequent to the execution of this Contract require a substitute Project Director, for any reason, the Contractor shall notify the City within ten (10) business days of the substitution.
6. TERMINATION.
A. The term of this Contract shall commence upon the date hereinabove written and shall expire upon completion of performance of work hereunder by Contractor.
B. Notwithstanding the provisions of (A) above, City may with or without cause, direct Contractorto suspend, delay or interrupt the work, in whole or in part, for such periods of time as City may determine in its sole discretion.
C. City may terminate this Contract in whole, or from time to time in part, for default, should Contractor commit a material breach of this Contract, or part thereof, and not cure such breach within ten (10) calendar days of the date of City’s written notice to Contractor demanding such cure, in which case Contractor shall be liable to City for all loss, cost, expense, damage and liability resulting from such breach and termination.
D. City may terminate this Contract in whole, or from time to time in part, for convenience, whenever City determines that such termination is in City’s best interests, in which case Contractor shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Contract would otherwise provide, but may recover no other cost, damage or expense. Contractor shall continue its work throughout the course of any dispute, and Contractor’s failure to continue work during a dispute shall be a material breach of this Contract.
E. Lack of Appropriation: If this Contract is a multi-year contract, subject to appropriation each fiscal year, the City may terminate this Contract immediately for lack of appropriation of funds.
F. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Contract without the prior written consent of the other.
Robert Godfrey
John Stefanski
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G. Return of Documents. Upon termination, any and all City documents or materials provided to Contractor and any and all of Contractor's documents and materials prepared for or relating to the performance of its duties under this Contract, shall be delivered to City as soon as possible, but not later than thirty (30) days after termination.
7. INSURANCE REQUIREMENTS.
During the term of this Contract, and for any time period set forth in Exhibit B, Contractor shall procure and maintain in full force and effect, at no cost to City insurance policies with respect to employees and vehicles assigned to the performance of work under this Contract with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit B.
8. INDEMNIFICATION.
A. Except as otherwise provided in subparagraph B of this section, Contractor shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by City, and hold harmless City, its officers, agents, employees and volunteers (collectively, the “City Indemnitees”), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively “CLAIMS”), arising out of Contractor’s performance of its obligations or conduct of its operations under this Contract. The Contractor's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees.
However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the Contractor's indemnification obligation shall be reduced in proportion to the City Indemnitees’ share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the Contractor’s work or work product by the City or any of its directors, officers or employees shall not relieve or reduce the Contractor’s indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of or operations under this Contract, Contractor shall provide a defense to the City Indemnitees or at City’s option reimburse the City Indemnitees their costs of defense, including reasonable attorneys’ fees, incurred in defense of such claims.
B. Where the work to be performed by Contractor under this Contract are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, Contractor shall indemnify and hold harmless the City and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages, Court costs, reasonable attorney’s fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, Docusign Envelope ID: D7454497-FE54-4D64-9F60-57679C95B274 v. Feb 2025 Page 5
recklessness, or willful misconduct of Contractor, or any sub Contractors, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee.
C. 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 and shall survive the termination or completion of this Contract for the full period of time allowed by law.
9. PREVAILING WAGE.
If the work to be performed under this Contract is for services where prevailing wages are required by State law, Contractor shall pay prevailing wages to its employees on any contract in excess of $1,000.00, Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the City’s Public Works Department upon request and may be obtained from the California Department of Industrial Relations website
[http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm]. Contractor shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. Contractor and all subcontractors shall keep and maintain accurate employee payroll records for Work performed under the Contract. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Contract.
10. NOTICES.
All notices and other communications required or permitted to be given under this Contract, including any notice of change of address, shall be in writing and given by email, personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of email, personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows:
To City’s Project Manager:
[As identified in item 5.A]
___________________________
San Rafael, CA 94901
Email: ______________________
To Contractor’s Project Director:
[As identified in item 5.B]
___________________________
___________________________
Email: ______________________
Irvine, CA 92618
[email protected]
1400 Fifth Ave 1 Technology Drive Suite I829
[email protected]
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11. LIABILITY OF CITY.
Except as provided in Exhibit A, Scope of Work to be Provided by Contractor and Exhibit B, Insurance, City's obligations under this Contract shall be limited to the payment of the compensation provided for in Paragraphs 1 and 2 of this Contract, Notwithstanding any other provision of this Contract, in no event shall City be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Contract, the Scope of Work, or the Project.
City shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by Contractor, or by any of its employees, even though such equipment be furnished, rented or loaned to Contractor by City. The acceptance or use of such equipment by Contractor or any of its employees shall be construed to mean that Contractor accepts full responsibility for and shall exonerate, indemnify, defend and save harmless City from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to the Contractor, its employees, City employees or third parties, or to property belonging to any of the above.
Nothing in this Contract shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which City or Contractor may have under this Contract or any applicable law. All rights and remedies of City or Contractor, whether under this Contract or other applicable law, shall be cumulative.
12. MEDIATION.
Unless waived by the City, should any dispute arise out of this Contract, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Unless the City waives this requirement, Contractor shall not be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.
13. GENERAL TERMS AND CONDITIONS.
This Contract includes, and the Contractor agrees to comply with the City’s General Terms and Conditions, which are set forth in Exhibit C, attached hereto and incorporated by reference.
[Signatures are on the following page.]
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IN WITNESS WHEREOF, the parties have executed this Contract as of the day, month and year first above written.
CITY OF SAN RAFAEL:
_________________________________
________________________________,
_________________________________
Executed on:_______________________
APPROVED AS TO FORM:
Office of the City Attorney
_________________________________
________________________________,
_________________________________
ATTEST:
City Clerk
_________________________________
________________________________,
_________________________________
CONTRACTOR:
__________________________________
By: ____________________________
Name: ____________________________
Title: ____________________________
[If Contractor is a corporation, second
corporate officer signature required]
__________________________________
By: ____________________________
Name: ____________________________
Title: _____________________________
Docusign Envelope ID: D7454497-FE54-4D64-9F60-57679C95B274
EXHIBIT A
SCOPE OF WORK
This is an Exhibit attached to, and made a part of the Contract by and between Contractor and the City providing for the referenced services. The Scope of Work includes:
1. Description of the Work:
1.1 Description: Capital Project Management Services for the preconstruction planning phase, which includes community engagement, design, and permitting, and oversight of the construction phase of the new Albert Park Library & Community Center in the City of San Rafael.
2. Specific Tasks:
As part of the Scope of Work, the Contractor shall perform the following tasks:
2.1 TASK 1: PROJECT MANAGEMENT
Provide overall leadership and coordination of efforts throughout the life of the project. Work closely with the City Manager and Assistant City Manager to coordinate the overall project by providing planning oversight and management of key activities and resources. Reporting to the Assistant City Manager, provide day to day management of the project, including chairing the internal Technical Advisory Committee for the project, as well as serving as a member of the project’s Steering Committee. Contractor will provide advice to the City, will formulate a detailed plan, and will act on behalf of the City to implement that plan and deliver a successful project.
Contractor will represent and promote the City's interest throughout all phases of the work. The City expects that the Contractor and their supporting staff will develop and maintain a cooperative team approach with all other parties involved from the design and throughout the construction process. Project management scope of service includes administering the selection process(es) for additional contracted resources needed to deliver the project.
2.2 TASK 2: PROJECT PLANNING
a. Initial Project Review – Conduct an in-depth project review to understand existing documents, efforts, and conditions in the field and to understand how the project sits presently. Additionally, once this review is completed, Contractor will identity and codify the key project objectives that will help to guide project moving forward.
b. Project Management Plan – Develop an overall planning, design, and construction project management plan. Define and maintain master schedule, establish project controls and procedures, assist in managing project budget, Docusign Envelope ID: D7454497-FE54-4D64-9F60-57679C95B274 and provide monthly updates to schedule and budget. Assist in preparing staff reports and Council presentations.
c. Library & Community Center Programming and Needs Assessment – Prepare a comprehensive needs assessment and building program for the library and community center facility by conducting a benchmarking analysis of comparable libraries and community centers serving communities of similar size, demographics, and service needs and interviews with key stakeholders, including library and recreation staff, relevant stakeholder groups, and up to three targeted focus groups representing priority programmatic uses. These efforts will inform the development of a data-driven, forward-looking needs assessment and space program.
d. Project Delivery Analysis – Develop and present delivery options for the project, including Design Bid Build, Design Build, Progressive Design Build, CM at Risk and other hybrid forms of Alternative Project Delivery. Once an approach is agreed upon, Contractor will then work with the City to develop a procurement strategy that is most suitable for the project. e. Design Solicitation – Contractor will work with the City to solicit an RFP and assist with selection of the project Design Team based on existing City procurement procedures. Contractor will work closely with staff to ensure that the efforts employed are consistent with City regulations while also benefiting from Contractor’s experience managing similar efforts for other Clients. Some key features of this effort will be the request and evaluation of past projects of a similar size and character, the experience of the Design Team, familiarity with libraries and community centers, and park developments.
2.3 TASK 3: PUBLIC INFORMATION AND COMMUNICATION
a. Regular Project Updates - Work closely with the City to establish the best methods for project updates, which will include developing a project specific website, social media updates, flyers, and handouts. Efforts will be closely coordinated with City staff and stakeholders to occur at key milestones of the project. Contractor will function as the primary point of contact and representative of the project, providing updates to any and all commissions, community presentations, council updates and technical advisory committee updates. Contractor will document community information needs, respond to and keep track of community inquiries, and maintain the Communications Plan.
b. Communications and Engagement Plan – Contractor will prepare a comprehensive communications plan for the design and planning phase of the project. The plan will address social media, traditional media, website updates, outreach activities, and other communications strategies. c. Project Branding – With direction from the City team, Contractor will confirm the project title (for the process) and create one succinct project description Docusign Envelope ID: D7454497-FE54-4D64-9F60-57679C95B274 and branding package to include logo/theme, colors, and fonts. Consistency and compatibility with City’s branding will be followed as directed by staff. The branding package will include headers and footers for written materials in MSWord, an InDesign template for newsletters, fact sheet, and e-blasts, and a PPT template. We will provide materials in both color and in black and white. d. Stakeholder Group – Attend and help facilitate the first meeting of the Community Stakeholder Group. Participate in developing the agenda (which may include an interactive visioning/planning activity) and preparing the meeting materials/presentation. Participate and facilitate one additional meeting of the Stakeholder Group.
e. Online Survey – Prepare an online survey in the early stages of the process to kick start the community engagement efforts while the design team is still in the process of being selected and contracted. The survey will be designed to raise awareness and excitement, while also providing the community and stakeholders with a direct means of offering their input on priorities, desired amenities and programming, and potentially even on architectural preferences.
f. Collateral Materials – Develop promotional products that will be approved and then posted or distributed by the City team. These include social media posts (12), e-newsletters (4), webpage content update (3), press releases (4), flyers (4) and fact sheets (1). Materials will be translated in Spanish. g. Interdepartmental Coordination – Coordinate communication with other relevant City departments (emergency response, sustainability, digital, economic development, etc.) and ensure different City priorities are considered in Project design.
h. Community Engagement Liaison - serve as the key liaison between the design team, Contractor, and City’s Communications and Engagement Team, attending meetings, documenting community information needs, responding to and keeping track of community inquiries, maintaining the Communications Plan, etc.
2.4 TASK 4: COMMUNITY ENGAGEMENT, DESIGN AND PLANNING
a. Conceptual Design – Manage the work of the selected design team to develop, evaluate, and assist the City in selecting a conceptual design and ensure the design meets the City’s needs, is appropriate for the project site, and is within the City’s budget.
b. Design Management – Once Conceptual Design is approved, Contractor will oversee the development of Schematic Design, Design Development, Construction Documents and Permitting. Review all approved programming and design documents and ensure that the team is aligned on project goals and requirements. Prepare reports on probable cost, constructability, value Docusign Envelope ID: D7454497-FE54-4D64-9F60-57679C95B274 analysis, and operability. Perform periodic checks on the design progress to ensure that the design meets all project goals including program, cost, schedule, features, and quality; and issue reports on findings. Facilitate the City in obtaining any necessary permits for the implementation of the Project, including environmental, cultural resource, planning, and building. To minimize change orders, Contractor will focus extensively on the preplanning and design stages, critiquing the design team to achieve the best possible facility, while adhering to the parameters established by policymakers. c. Design Review Charets – Developed in close coordination with the City, Contractor will lead stakeholder and community engagement charets to review key planning and design concepts and incorporate community feedback into the design process. The goal will be to pull in as much community input as possible while also maintaining a core focus on project objectives, affordability, and timing.
d. Consultant Procurement and Management – Oversee the procurement of all necessary consultant services to ensure the project moves forward expeditiously. During the development of the Architect/Engineer RFP, work closely with the City to determine which services should be included within the Architect/Engineer scope, and which services are best provided as prime contracts directly to the City. This would include environmental investigations, geotechnical investigations, cultural reviews, low voltage and audio-visual considerations, move management, preliminary abatement services.
2.5 TASK 5: PRE-CONSTRUCTION SERVICES
a. Constructability Reviews – Focusing on the quality and clarity of drawings and specifications, perform constructability reviews, and provide cost estimating and reconciliation. Provide recommendations to the City on potential conflicts, constructability issues, value-engineering opportunities and consistency between the plans, specifications and estimates. Contractor’s series of constructability reviews will facilitate plan coordination and clarity to minimize the number of contractors’ questions and change orders during construction.
b. Albert Park Site Utilization – As part of the constructability review, Contractor will also develop a site utilization and staging plan for contractors to know how the site is to be used during construction. The goal of this plan will be to maintain access and use of as much of Albert Park as possible while also maintaining the most efficient use of the site to maintain progress on the project. This plan will include temporary power, SWPPP access, traffic control requirements, working hours, field office compound, and dust mitigation. c. Assist in Temporary Facilities Planning – Assist with developing strategies for continuing to offer recreation services, minimize impact to Albert Park users during construction, and planning for any necessary temporary facilities or service relocations during construction.
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2.6 TASK 6: CONTRACTOR ADVERTISE AND AWARD
Assist the City in the advertise and award process including the advertising process, bidders conference, bid RFI’s and substitution requests, the issuance of addenda, and support the City in the opening and evaluation of the bids. Assist the City in preparing a presentation and recommendation to City Council to award the construction of the project.
2.7 TASK 7: CONSTRUCTION MANAGEMENT
a. General Management – Administer the construction contracts, quality assurance, and special inspection requirements. Prepare construction procedures, conduct periodic site progress meetings, and coordinate inspecting and testing. Maintain a construction schedule and monitor outcomes. Manage all contracts through their respective warranty periods. b. Pre-Construction Conference – Organize and conduct the Pre-Construction meeting and provide agenda and meeting minutes accordingly. Ensure that all pertinent team members will be present to coordinate with City staff. c. Submittal Procedures – Oversee the distribution of all shop drawings submittal reviews, RFI’s, payment requests, change orders, product data, material delivery dates, periodic reports, project logs etc. Utilize Submittal Exchange for expedient distribution and tracking of these documents. d. Meetings – Prepare the agendas and meeting minutes, discuss the schedule updates and near-term activities; work with the team to clarify or resolve problems; coordinate with other Contractors; update the team on the status of change orders, submittals, and RFI’s; and review safety issues and other topics as they arise. Assign action items to responsible parties along with the corresponding date the action requires completion. These meetings will be reviewed for concurrence and will be distributed to attendees within five calendar days.
e. Quality Assurance/Quality Control (QA/QC) – Perform daily inspections of the project. Review material deliveries, material types, installation methods, finished installations in comparison to contract documents, and construction code adherence. Coordinate the timely execution of all specialty inspections including but limited to: geotechnical, building department, special inspections, and materials testing, to ensure the City receives the highest level of quality and consistency with the plans and specifications as well as all standards and practices
f. Maintain On-Site Records – Manage all project documentation via cloudbased document management system. Maintain all shop drawings, product data, samples, submittals, purchases, materials, equipment, and applicable handbooks. All documents will be maintained and turned over to the City at the completion of the project.
Docusign Envelope ID: D7454497-FE54-4D64-9F60-57679C95B274 g. Schedule of Values and Processing of Payments – Establish, or cause to be established by the General Contractor, a comprehensive Schedule of Values for the entirety of the project for approval by the City. Once approved, this will serve as the basis for all progress payments, which Contractor will review for consistency with progress in the field and make recommendations to the General Contractor for correction. Once corrected, Contractor will make recommendations to the City for processing.
h. Evaluate Change Order Proposal Costs – Review all change orders and provide supplemental information as needed to justify their approval or rejection. Negotiate with the General Contractor on the City’s behalf and serve as the point of contact for resolving issues and mitigating against potential claims. Specifically, Contractor will seek to avoid claims as detailed above.
2.8 TASK 8: POST CONSTRUCTION SERVICES
a. As-Built Documents – Maintain a complete and up to date set of drawings for the duration of the project. Ensure a complete set of As-Built documents be turned over to the City for record purposes.
b. Initial Start-Up and Testing – As part of the commissioning process, all installations will go through both a pre-functional testing protocol and a functioning test protocol. These tests will be managed and documented by the Commissioning Agent and overseen by the Contractor.
c. Punch Lists – Coordinate the final punch walk to ensure all improvements are per the plans and specifications. Employ a Field Observation Log that will seek to identify quality issues observed by the project team on an ongoing basis and will serve to function as an ongoing pre-punch list. Oversee the follow up punch walks to confirm corrective action is resolved. Once completed, issue a comprehensive punch list for completion by the General Contractor. Oversee the completion of these items and ensure that all deficiencies and corrections are completed to the satisfaction of the City. d. Move Back Services – Assist with preparation of operations and maintenance manuals, training, and warranty documentation. Facilitate the transition to City maintenance staff.
METHOD OF PAYMENT
Subject to the terms and conditions of this Contract, Contractor shall be paid on a basis set forth herein by the checked boxes below:
☐ A fixed fee for the work performed
☒ An hourly rate for the work performed based on the following fee proposal.
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GRIFFIN STRUCTURES FEE PROPOSAL
Albert Park Library & Community Center Project
September 9, 2025
Contractor’s Fee is based on all reasonable costs necessary to perform Capital Project Management services for the Albert Park Library and Community Center project. For these requisite services Contractor proposes the following Time and Materials Fee:
Project and Construction
Management Services:
$4,035,995
Reimbursable & Subconsultant
Expenses:
$404,611
Total $4,440,606
All proposed hourly rates are fully burdened and include overhead, profit, taxes, and benefits.
FISCAL YEAR CASH FLOW BREAKDOWN
RATE SHEET
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APPROACH TO PROJECT SCHEDULE
This Scope of Work assumes the following durations by phase:
1. Project Planning: October 2025 through April 2026 (6 months)
2. Community Engagement, Design, and Planning: May 2026 through February 2028 (22 months)
3. Contractor Bidding: March 2028 through June 2028 (4 months)
4. Construction: July 2028 through December 2030 (30 months)
5. Post Construction: January 2031 through March 2031 (3 months)
QUALIFICATIONS & EXCLUSIONS
1. Rates are per the rate sheet included above. Any extension of services beyond December 31, 2032 will be negotiated in good faith with the City.
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2. Insurance costs are included as a reimbursable expense and will be billed monthly at the rate of $10 per $1,000.
3. On-site trailer rental, furniture, utilities, and sanitary facilities for our field staff (Project Management team) are excluded. We assume that offices will be provided as part of the construction site trailer(s) being provided by the City or its contractor.
4. Costs for all permits required for the project are excluded. It is assumed that the City will pay for all permitting fees, assessments, easements, school fees, and other agency or governmental fees or costs to support the design and construction the project. We have not included any permit related fees within our fee proposal. Permits will be pulled by others.
5. Costs for construction staking, environmental and hazardous materials surveys, and all environmental and hazardous materials transportation and remediation costs are excluded.
6. Software licenses or user fees and all software training costs for specific project management software being required by either the City or their contractor(s) are excluded.
7. Cost of bulk blueprinting for plans and specifications for use by the contractors and subcontractors is excluded. Funds included in reimbursable expenses are for Contractor’s printing costs alone.
8. Independent or third-party testing companies such as Roofing, Peer Reviews, LEED, or other specialized third-party oversight services other than those listed herein are excluded.
9. No FF&E or OS&E procurement is included in this proposal.
10.Construction Site Security is excluded.
11.Construction Manager will review all RFI’s, Submittals, and Substitutions only for completeness. Approvals shall be executed by the architect of record.
12.Construction Cost Estimates, when provided, are based on standard industry practice, professional experience, and knowledge of market conditions. Contractor has no control over material and labor costs, Building Contractor’s methods of establishing prices or the market and bidding conditions at the time of bid. Therefore, Contractor does not guarantee that bids received will not vary from the cost estimate provided and Contractor is not liable for any costs, liabilities, or damages incurred by the City arising Docusign Envelope ID: D7454497-FE54-4D64-9F60-57679C95B274 from Contractor’s opinion of cost, the actual project cost to the City, delays caused by events outside the control of Contractor, or any labor or material cost increases.
13.For document tracking control, Contractor has included the use of Autodesk for managing construction documentation, and based the hours allocated in this proposal accordingly. The cost of this system is included here as a reimbursable expense.
14.FF&E services are included and management and oversight of the effort to be performed by the selected design team professionals.
15.Move management services are included as oversight only. Contractor will nonetheless oversee the solicitation, negotiation, and oversight of the move management consultant, but will not be providing the service itself.
16.Commissioning requirements are understood as per California Building Cod / Cal Green (Title 24) only. LEED Commissioning is excluded.
17.This proposal assumes standard design-bid-build, if an alternate delivery method is selected, the exact tasks will change, but overall, the Contractor is responsible for overseeing design and construction regardless of the delivery process.
– END OF EXHIBIT A –
Docusign Envelope ID: D7454497-FE54-4D64-9F60-57679C95B274 v. Feb 2025 Exhibit B-1
EXHIBIT B
INSURANCE REQUIREMENTS
During the term of this Contract, and for any time period set forth below, Contractor shall procure and maintain in full force and effect, at no cost to City insurance policies with respect to employees and vehicles assigned to the performance of work under this Contract with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in this Exhibit B.
A. Scope of Coverage. During the term of this Contract, Contractor shall maintain, at no expense to City, the following insurance:
1. Commercial general liability. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage.
2. Automobile liability. An automobile liability (owned, non-owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence.
3. Professional liability. If any licensed professional performs any of the work required to be performed under this Contract, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the Contractor's performance under this Contract. Where Contractor is a professional not required to have a professional license, City reserves the right to require Contractor to provide professional liability insurance pursuant to this section.
4. Workers’ compensation. If it employs any person, Contractor shall maintain workers’ compensation insurance, as required by the State of California, with statutory limits, and employer’s liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. Contractor’s workers’ compensation insurance shall be specifically endorsed to waive any right of subrogation against City.
B. Other Insurance Requirements. The insurance coverage required of the Contractor in subparagraph A of this section above shall also meet the following requirements:
1. Except for professional liability insurance or workers’ compensation insurance, the insurance policies shall be specifically endorsed to include the City, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies.
2. The additional insured coverage under Contractor’s insurance Docusign Envelope ID: D7454497-FE54-4D64-9F60-57679C95B274 v. Feb 2025 Exhibit B-2
policies shall be “primary and noncontributory” with respect to any insurance or coverage maintained by City and shall not call upon City's insurance or self-insurance coverage for any contribution. The “primary and noncontributory” coverage in Contractor’s policies shall be at least as broad as ISO form CG20 01 04 13.
3. Except for professional liability insurance or workers’ compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury.
4. By execution of this Contract, Contractor hereby grants to City a waiver of any right to subrogation which any insurer of Contractor may acquire against City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer.
5. If the insurance is written on a Claims Made Form, then, following termination of this Contract, said insurance coverage shall survive for a period of not less than five years.
6. The insurance policies shall provide for a retroactive date of placement coinciding with the Effective Date of this Contract.
7. The limits of insurance required in this Contract may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City (if agreed to in a written contract or agreement) before City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
8. It shall be a requirement under this Contract that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City or any other additional insured party.
Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of the Contractor under this Contract.
9. Contractor agrees to ensure that subcontractors, and any other party involved with the performance of work under this Contract, who is brought onto or involved in the performance of the work by Contractor under this Contract, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Contract. CONSUTLANT agrees that upon request by City, all Docusign Envelope ID: D7454497-FE54-4D64-9F60-57679C95B274 v. Feb 2025 Exhibit B-3
agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the work under this Contract will be submitted to City for review.
10. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the Scope of Work reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Contract.
Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
C. Deductibles and SIR’s. Any deductibles or self-insured retentions in Contractor's insurance policies must be declared to and approved by the City and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City or other additional insured party. At City's option, the deductibles or selfinsured retentions with respect to City shall be reduced or eliminated to City's satisfaction, or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney’s fees and defense expenses.
D. Proof of Insurance. Contractor shall provide to the Project Manager all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Contract; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Contract. City reserves the right to obtain a full certified copy of any insurance policy and endorsements from Contractor. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by the City.
Failure to comply with these requirements shall be considered a material breach of contract.
Docusign Envelope ID: D7454497-FE54-4D64-9F60-57679C95B274 v. Feb 2025 Exhibit C-1
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. COMPLIANCE WITH ALL LAWS.
Contractor shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Contract. Contractor shall perform all work under this Contract in accordance with these laws, ordinances, codes and regulations. Contractor shall release, defend, indemnify and hold harmless City, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations.
2. PROVISIONS DEEMED INSERTED.
Every provision of law required to be inserted in the Contract is deemed to be inserted, and the Contract will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly.
3. SEVERABILITY.
If any provision of the Contract documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract documents will remain in full force and effect.
4. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the Contractor in connection with the performance of its duties under this Contract, shall be the sole property of City. City may use said property for any purpose, including projects not contemplated by this Contract.
5. INSPECTION AND AUDIT.
Upon reasonable notice, Contractor shall make available to City, or its agent, for inspection and audit, all documents and materials maintained by Contractor in connection with its performance of its duties under this Contract. Contractor shall fully cooperate with City or its agent in any such audit or inspection. Contractor shall maintain all Projectrelated records for a period of three (3) years from completion of the work.
6. ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Contract nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Contract or any rights, duties Docusign Envelope ID: D7454497-FE54-4D64-9F60-57679C95B274 v. Feb 2025 Exhibit C-2
or obligations arising hereunder shall be void and of no effect.
7. WORKERS' COMPENSATION.
Contractor certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor certifies that it will comply with such provisions before commencing the performance of the work of this contract.
8. NONDISCRIMINATION.
Contractor shall not discriminate, in any way, against any person on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation in connection with or related to the performance of its duties and obligations under this Contract.
9. NO THIRD PARTY BENEFICIARIES.
City and Contractor do not intend, by any provision of this Contract, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Contract, to the other party.
10. INDEPENDENT CONTRACTOR.
For the purposes, and for the duration, of this Contract, Contractor, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the City. Contractor and City expressly intend and agree that the status of Contractor, its officers, agents and employees be that of an Independent Contractor and not that of an employee of City.
11. ENTIRE CONTRACT -- AMENDMENTS.
A. The terms and conditions of this Contract, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Contract of the parties with respect to the subject matter of this Contract.
B. This written Contract shall supersede any and all prior contracts, oral or written, regarding the subject matter between the Contractor and the City.
C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Contract, shall be valid or binding, except by way of a written amendment to this Contract.
D. The terms and conditions of this Contract shall not be altered or modified Docusign Envelope ID: D7454497-FE54-4D64-9F60-57679C95B274 v. Feb 2025 Exhibit C-3
except by a written amendment to this Contract signed by the Contractor and the City.
E. If any conflicts arise between the terms and conditions of this Contract, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Contract shall control.
12. SET-OFF AGAINST DEBTS.
Contractor agrees that City may deduct from any payment due to Contractor under this Contract, any monies which Contractor owes City under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts.
13. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of this Contract, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Contract, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Contract or any applicable law, ordinance or regulation.
14. CITY BUSINESS LICENSE / OTHER TAXES.
Contractor shall obtain and maintain during the duration of this Contract, a City business license as required by the San Rafael Municipal Code, and Contractor shall pay any and all state and federal taxes and any other applicable taxes. City shall not be required to pay for any work performed under this Contract, until Contractor has provided City with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification).
15. SURVIVAL OF TERMS.
Any terms of this Contract that by their nature extend beyond the term (or termination) of this Contract shall remain in effect until fulfilled and shall apply to both Parties’ respective successors and assigns.
16. GOVERNING LAW.
This Contract shall be deemed to have been executed in the County of Marin, California. The formation, interpretation and performance of this Contract shall be governed by the laws of the State of California, excluding its conflict of laws rules. Any suit or action initiated by either party shall be brought in the County of Marin, California unless the parties agree otherwise in a written amendment to this Contract.
Docusign Envelope ID: D7454497-FE54-4D64-9F60-57679C95B274 v. Feb 2025 Exhibit C-4
17. CONFLICT OF INTEREST.
Contractor, its employees, subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or policy or in violation of any California law, including under Government Code section 1090 et seq. and under the Political Reform Act as set forth in Government Code section 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.
18. AUTHORIZATION.
Each individual signing above warrants that they are authorized to do so by the party that they represent, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313.
19. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Contract may be executed by electronic signature and in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission.
Docusign Envelope ID: D7454497-FE54-4D64-9F60-57679C95B274
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
All following documents are attached as reference material.
RESPONSIBLE PARTY DESCRIPTION COMPLETED
Project Manager Email PINS insurance request to Contractor ☐ City Attorney’s Office Review, revise as needed, and approve agreement as to form
Department Director Review and approve agreement
Risk Management Confirm insurance documentation is complete Finance Review and sign off on funding availability
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department:
Project Manager:
Contractor Name:
Contractor’s Contact: Contact’s Email:
City Council Date: ☐ ___________________ or ☐ Not applicable ☐ FPPC: Check if Contractor must file Form 700
City Manager's Office
X
Robert Godfrey
X 10/06/2025
Griffin Structures, Inc.
[email protected]
John Stefanski
Docusign Envelope ID: D7454497-FE54-4D64-9F60-57679C95B274 Request for Proposals
Albert Park Library & Community Center
Capital Project Management Services
Issued: Monday, June 2, 2025
Proposals Due: Wednesday, July 9, 2025
Submit proposal electronically via Bid Express:
https://www.bidexpress.com/businesses/39341/home
Request for Proposals - Capital Project Management Services Albert Park Library and Community Center
1. INTRODUCTION
Summary
This Request for Proposals (RFP) is intended to solicit proposals for Capital Project Management Services for the pre-construction planning phase, which includes community engagement, design, and permitting, and oversight of the construction phase of the new Albert Park Library & Community Center in the City of San Rafael.
The City intends to award this contract to qualified firms based upon expertise, qualifications, and experience with like projects.
Background
Located in Marin County, the City of San Rafael is the oldest and largest city in Marin County, with a rich cultural heritage and a diverse population of over 60,000 residents. San Rafael serves as the county seat and is a hub for commerce, culture, and community services. The city is characterized by its distinctive neighborhoods, historic downtown, and beautiful natural surroundings.
In November 2024, San Rafael voters passed Measure P, an initiative to fund a new main library and community center at Albert Park. Measure P established a non-ad valorem parcel tax for the purpose of building these facilities, representing a significant investment in the city's cultural and civic institutions. This project will be one of the largest capital projects that San Rafael has undertaken in recent years.
The existing Downtown Carnegie Library, while a beloved historic building, has significant size and infrastructure limitations that restrict its ability to meet the modern library service needs of San Rafael's growing population. Similarly, the current San Rafael Community Center at Albert Park, built in the 1970s, has substantial deferred maintenance needs and structural deficiencies.
The new Library & Community Center (Project) will be located at Albert Park and is intended to serve as a vibrant community resource and hub for civic, cultural, and social enrichment. The new facility aims to address the limitations of the existing buildings while providing expanded services to the community. The Project will include the demolition of the existing community center at Albert Park and the construction of a new integrated library and community center facility.
Measure P provides funding through a parcel tax of $0.145 per square foot of improved building area per year and $75 per vacant parcel per year on taxable real property within the City. The tax will commence on July 1, 2025, and will continue for thirty years or as long as bonds for the planning and construction of the facilities remain outstanding, whichever is longer.
A highly visible project, the City anticipates an overall project completion date of early 2031.
Contact Information
John Stefanski, Assistant City Manager
1400 Fifth Avenue, Room 203
San Rafael, CA 94901
Request for Proposals - Capital Project Management Services Albert Park Library and Community Center
Email: [email protected]
Phone: 415-485-3475
Timeline
Milestone Date
Release of RFP June 2, 2025
Deadline to Submit Written Questions June 18, 2025 by 2:00pm City Deadline to Respond to Questions June 24, 2025
Proposal Submittal Deadline July 9, 2025 by 2:00pm
Notification to Interview July 16, 2025
In-person consultant presentation/interview July 22, 2025 Final Round In-person presentation with City
Council Subcommittee
July 28, 2025
Consultant Selection/Contract Formation August
City Council Contract Consideration October 6, 2025
Estimated Project Start Date Week of October 20, 2025
Submission Guidelines
The City is accepting electronic bid submissions. Proposals must be received no later than 2:00 PM, local time, on July 9, 2025
Submit proposal electronically via Bid Express:
https://www.bidexpress.com/businesses/39341/home
It is the Consultant’s responsibility to ensure that the Proposal is received on time. BidExpress prevents proposals from being submitted after the deadline.
The City will only respond to questions in writing from Consultants. All questions regarding this RFP must be made in writing by June 24, 2025 at 2:00PM via Bid Express.
The City cannot respond to verbal questions submitted by telephone or in person. All addenda will be posted on Bid Express. By submitting a Proposal, the proposer affirms that they are aware of any addenda and have prepared their Proposal accordingly. No allowances will be made for a proposer’s failure to inform themselves of addenda content.
A link to the addenda may be accessed at the following web address:
https://www.bidexpress.com/businesses/39341/home
2. DESCRIPTION OF WORK
The City of San Rafael is soliciting proposals from various consultants to assist the City with the pre-construction planning phase, which includes community engagement, design, and permitting, and oversight of the construction phase of the new Albert Park Library & Community Center in the City of San Rafael.
Request for Proposals - Capital Project Management Services Albert Park Library and Community Center
The City of San Rafael is seeking an experienced firm with unique experience in managing multiple efforts related to a complex city facility project where a new integrated Library and Community Center will be constructed at Albert Park. The Library and Community Center each have specific space and facility needs and the desire of City leadership is to create a modern, integrated facility that serves the community effectively.
The anticipated duration of the Project Manager's responsibilities spans approximately five years from design to construction, with specific tasks expected to be completed within defined timelines.
This scope of work outlines the key responsibilities and deliverables expected from the Project Manager, focusing on effective project management, stakeholder engagement, and financial oversight.
Separate from this Request for Proposals, the City will be releasing a Request for Proposals for Conceptual and Schematic Design services to lead the site planning and design of the new facility. The selected Project Manager will be expected to assist in the drafting of this RFP, and oversee this contract and scope of work.
The selected consultant agrees to complete the following tasks:
1. Project Management
The successful proposer will be charged with the lead role of "Project Manager", providing overall leadership and coordination of efforts throughout the life of the project. They’ll work closely with the City Manager and Assistant City Manager to coordinate the overall project by providing planning oversight and management of key activities and resources. Reporting to the Assistant City Manager, they’ll provide day-today management of the project, including chairing the internal Technical Advisory Committee for the project, as well as serving as a member of the project’s Steering Committee. The Project Manager will provide advice to the City, will formulate a detailed plan, and will act on behalf of the City to implement that plan and deliver a successful project.
The Project Manager will represent and promote the City of San Rafael's interest throughout all phases of the work. The City expects that the Project Manager and their supporting staff will develop and maintain a cooperative team approach with all other parties involved from the design and throughout the construction process. Project management scope of service includes administering the selection process(es) for additional contracted resources needed to deliver the project.
2. Project Planning
A. Review existing documents and meet with City staff to understand Project history and intent.
B. Develop an overall planning, design, and construction project management plan to include an overall program-level schedule, cash flow projection, contracting strategy, and other program needs.
C. Define and maintain a master schedule and report deviations to the City and resolve schedule issues.
D. Establish Project controls and procedures for planning and implementation.
Request for Proposals - Capital Project Management Services Albert Park Library and Community Center
E. Assist with managing the Project budget that includes all construction and nonconstruction costs.
F. Provide monthly updates to the Project budget and delivery schedule.
G. Assist in the preparation of staff reports and presentations for City Council and other relevant City Boards and Commissions.
H. Throughout the planning process, consider the constructability of the facility and provide input into the process as the programs and budgets are being assembled for recommendation.
3. Public Information and Communication
A. Serve as the primary point of contact for the project B. Assist the City with regular Project updates for public distribution, including website, email, mailers, and signage.
4. Community Engagement, Design, and Planning
A. Assist the City with establishing the delivery method, including evaluating the pros and cons of design-build or design-bid-build for the project.
B. Assist in the selection of the project design team.
C. Manage work of the design team.
D. Assist the design team with public outreach and community engagement during the design process. The City expects significant community engagement throughout the Project.
E. Coordinate communication with other relevant City departments (emergency response, sustainability, digital, economic development, etc.) and ensure different City priorities are considered in Project design.
F. Assist with the selection of consultants to prepare necessary surveys (topographic, boundary, utilities, etc.) and studies (geotechnical, environmental, cultural/historic, etc.).
G. Facilitate the City in obtaining any necessary permits for the implementation of the Project, including environmental, cultural resource, planning, and building.
H. Assist with developing strategies for continuing to offer recreation services and minimize impact to Albert Park users during construction.
I. Provide and coordinate written plan check comments to the design consultant team at set plan check intervals.
J. Provide input to ensure a functional and financially viable project.
5. Pre-Construction Services
A. Review Project plans, specifications, reports, agreements, and permits and provide recommendations to the City on potential conflicts, constructability issues, valueengineering opportunities and consistency between the plans, specifications and estimates. Consultant must have familiarity with the CSI technical specification format.
B. Manage Project schedule which includes all notification timelines noted on all permits, agreements, and contract documents. Upon receipt of contractor's schedule, evaluate and confer with the City regarding workability of the schedule or suggest changes that may improve the schedule.
C. Assist in planning for any necessary temporary facilities or service relocations during construction.
Request for Proposals - Capital Project Management Services Albert Park Library and Community Center
D. Provide technical and report writing services, including, but not limited to, conducting research, and completing studies in specific areas.
6. Advertise and Award
A. Advertise the Project in accordance with all applicable regulations.
B. Utilize the bidexpress software to assist the City in advertising the project.
C. Respond to questions concerning the plans, specifications, and estimates prior to bid opening.
D. Coordinate responses with the City and the City's design consultant.
E. Prepare addendum as needed.
F. Arrange and attend pre-bid meeting.
G. Review and evaluate construction bids received and confer with the City.
H. Assist the City in preparing a presentation and recommendation to City Council to award the construction of the project.
7. Construction Management Services
A. Administer the construction contracts, quality assurance, and special inspection requirements. Prepare construction procedures, conduct periodic site progress meetings, and coordinate inspecting and testing. Maintain a construction schedule and monitor outcomes.
B. Monitor quality control, and costs throughout the construction period; evaluate change orders; review contractor's progress payments, monitor and administer construction contract for compliance.
C. Prepare and coordinate preparation of periodic progress and financial information required by the City; periodically brief the City staff on progress.
D. Prepare and administer a commissioning plan, as well as an operation and maintenance (O&M) plan for the facility.
E. Conduct construction contract close-out activities and advise the City on occupancy.
F. Formulate action plans for resolution of construction problems or conflicts.
G. Manage all contracts through their respective warranty periods.
8. Post Construction Services (Close Out/Claims)
A. Project Management services for Project closeout after issuance of substantial completion for the construction Contractor.
B. Assist with preparation of operations and maintenance manuals, training, and warranty documentation.
C. Facilitate the transition to City maintenance staff.
Additional Scope Considerations
Public Engagement
The Project Manager will work with the City's internal Communications and Community Engagement team and will provide support to that team as needed related to public communications on the project, including, but not limited to website, email, and other print or digital collateral.
In tandem with these efforts, the Project Manager provides indispensable support to the City’s communication and community engagement personnel, ensuring that timely and accurate Request for Proposals - Capital Project Management Services Albert Park Library and Community Center
updates are disseminated to the public through press releases and other social media platforms.
By seamlessly integrating these responsibilities, the contractor acts as a conduit of information and collaboration, nurturing a climate of trust and inclusivity throughout the project lifecycle.
Additionally, the Project Manager's commitment to transparency is further underscored by their provision of succinct updates during periodic work sessions with the City Council, Measure P Council Subcommittee, Community Advisory Panel, Library Board of Directors, and Park and Recreation Commission, thereby ensuring that elected officials and key stakeholders remain apprised of the project's feasibility and progress.
Internal Team Communication
A pivotal aspect of the Albert Park Library and Community Center project lies in the seamless collaboration among internal staff, ensuring a smooth transition post-project completion and alignment with sustainability objectives. To ensure strong project governance, the City has drafted a Project Charter which addresses project governance, tentative project phasing and timelines, and project risks.
The Project Manager, entrusted with this crucial responsibility, brings to the table a wealth of experience and expertise in fostering synergy within city staff. Moreover, the director provides invaluable guidance and support to the project team, steering them towards the attainment of sustainability goals and the integration of green building practices where feasible.
By cultivating a collaborative work environment that values knowledge sharing and continuous improvement, the director not only enhances project outcomes but also fosters a culture of innovation and excellence within the city's workforce.
3. VENDOR SUBMISSIONS
Proposal Forms to Submit with RFP Response
These guidelines are provided for standardizing the preparation and submission of Proposals by all Consultants. The intent of these guidelines is to assist Consultants in preparation of their proposals, to simplify the review process, and to help assure consistency in format and content.
Proposals submitted for review should not exceed twenty (20) pages for all materials excluding introductory letter, resumes and cost proposal.
Proposals shall contain the following information in the order listed:
1. Introductory Letter
The letter shall be on Consultant letterhead and include the Consultant's contact name, mailing address, telephone number, and email address. The letter will address the Consultant's understanding of the services being requested and any other pertinent information the Consultant believes should be included. A legal representative of the Proposer authorized to bind Proposer in contractual matters must sign the Transmittal Page.
The cover letter must state that the sample Professional Services Agreement (PSA) is acceptable as-is. Please do not submit a Proposal and subsequently request changes to the PSA. By Request for Proposals - Capital Project Management Services Albert Park Library and Community Center
submitting a proposal, the Proposer is accepting all the terms and conditions included in the PSA, including stated insurance coverage and limitations.
2. Background on Firm and Statement of Qualifications
A brief description of the firm and a summary of the firm’s qualifications for this project. Include the size of the organization, location of offices, years in business, name of owners and principal parties, and position titles of staff. Provide an organizational chart showing staff to be assigned to work on the project and their roles on this project. Provide a resume for each proposed key staff member. Include your firm’s experience providing similar services to municipal clients. The project requires consultant staffing with skills and experience including but not limited to:
• Public outreach and communications
• Large scale public facility and civic buildings
• Library and community center design and construction
• Building systems including HVAC, electrical, plumbing, and fire protection • Sustainable building practices and LEED certification
3. Project Understanding and Approach
Provide a thorough description of your firm’s approach to the project and a proposed project timeline, including key milestones and deliverables. Describe how the firm will complete the Scope of Work as detailed in this RFP. Include a statement of the services your firm feels differentiates your firm from others. As a part of the approach, identify the responsibilities of the CITY and the responsibilities of the firm.
4. Scope of Work
The Scope of Work will ultimately become part of the contract as Exhibit A to the contract. A template for the Scope of Work is included as Exhibit A to the Professional Services Agreement referenced below. The Scope of Work should describe in a specific and straightforward manner both the consultant's understanding of the project and the proposed approach to achieving the objectives and accomplishing the tasks described in this Request for Proposal. It should be concise yet include sufficient detail to completely describe the planned approach. Description of how the objectives will be achieved shall be presented in a logical, innovative, and rational plan.
The plan should include the responsibilities of various team members for the various tasks. The results should be presented in terms of the language and working tools of the practicing engineer or administrator so as to be immediately useful. Any deviations or additions to the proposed scope should be presented here.
5. Project Schedule
Provide a project schedule with significant milestone events/deadlines.
6. Firm References
The City will only consider submittals from Consultants that demonstrate they have successfully completed comparable projects. These projects must illustrate the quality, type, and past performance of the project team. Include sub-consultants and a description of their proposed Request for Proposals - Capital Project Management Services Albert Park Library and Community Center
services where applicable. Submittals shall include a detailed description of a three (3) projects within the past six (6) years which include the following information:
• Contracting agency
• Contracting agency Project Manager and contact information • Contract amount
• Date of contract and completion
• Consultant Project Manager and contact information
• Project Description and Outcome
Additional points will be given for consultants with experience managing library and community center projects.
7. Rate Schedule
Provide your firm’s schedule of hourly rates (and for any proposed subconsultant firms) and an estimate of hours/month which would be allocated to this project. Identify:
• Hourly rates, and billing practices for all personnel who may be providing services to the CITY. Identify any reimbursable costs.
• Fees, if any, are on a not-to-exceed basis and which fees, if any, that you recommend be charged on a fixed fee basis.
• An estimate of hours/month necessary for project.
• Strategies used to keep projects within budget, including 1-2 examples of how your firm has implemented this in practice.
8. Conflict of Interest Statement
The proposing Consultant shall disclose any financial, business or other relationship with the City of San Rafael that may have an impact upon the outcome of the contract or the construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this contract or the construction project that will follow. The proposing Consultant shall disclose any financial interest or relationship with any construction company that might submit a bid on the construction project.
9. Regulatory Actions or Litigation
Describe any regulatory actions or legal issues taken against your firm within the past five years in any State, and the current status or outcome. Please include any contract termination or default whether litigated or not. If a firm has no regulatory actions or legal issues, a statement to that effect shall be included in the Proposal.
10. Supplementary Information
The CITY has outlined the requirements of this project in as much detail as is currently known.
Please provide any exceptions, additional information, or suggestions that will aid in the CITY’s selection process. Please keep these as brief as possible.
Request for Proposals - Capital Project Management Services Albert Park Library and Community Center
4. EVALUATION CRITERIA
The City reserves the sole right to judge the contents of each Consultant's proposal. The selection process will be governed by the following criteria:
1. The proposal must adhere to the instructions and format as specified in this Request for Proposal.
2. The evaluation will include a review of all documents and information relating to the Consultant's services, organizational structure, capabilities, qualifications and past performance.
3. The City may evaluate any information from any source it deems relevant to the evaluation.
4. False, incomplete, or unresponsive statements in a proposal may be sufficient cause for its rejection.
The desired result of the selection process will be the selection of a consultant and execution of an agreement.
While rates are a consideration, the CITY reserves the right to choose the best proposal, which may not be based on rates. After evaluating the proposals and discussing them further with the finalist(s), the CITY will further negotiate the proposed work and/or method and amount of compensation. The consultant selected for this project must comply with all provisions of the CITY’s professional services contract. The CITY reserves the right to reject any and all proposals at any phase of the proposal or negotiation.
Review for General Responsiveness
City of San Rafael staff will conduct an initial review of the proposals for general responsiveness and compliance with requirements of this RFP. Responses to this RFP must be complete.
Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the items required to be included in the proposal will be considered incomplete and will receive no further consideration.
Proposal Evaluation
A selection review panel, which will be comprised of staff from City of San Rafael, will evaluate responsive proposals. The selection review panel will rank proposals based on the following Proposal Criteria.
No. Evaluation Criteria Scoring
Method
Weight
(Points)
1. Completeness of Proposal: Inclusion of all required items. Points Based
5 (5% of
Total)
2. Knowledge and Understanding: Demonstrated understanding of the Project scope of work and requirements, including identification of key issues and quality of proposed work plan.
Points
Based
30 (30%
of Total)
3. Qualifications of the Proposer Firm: Relevant experience and success in similar projects, particularly with library and community center projects, including record of completing work on budget and schedule; strength and stability of the firm; Points
Based
30 (30%
of Total)
Request for Proposals - Capital Project Management Services Albert Park Library and Community Center