MTC/City of Vallejo
Master Funding Agreement
Supplement No. 2 – Waterfront Plan Update
•GIS Database and Basemap
•Deliverables
oKickoff Summary
oEngagement Strategy
oWebsite
oConsultation Letters
oBasemaps
Task 2: Existing Conditions and Opportunities/Constraints Analysis (Month 2–4) Purpose: Establish foundational understanding of the planning area’s conditions, challenges, and opportunities.
•PDA Profile (demographics, socio-economic, land use, facilities) •Infrastructure Mapping & Analysis (utility capacity, pending projects) •Mobility Assessment (multimodal conditions, LOS and VMT analysis) •Market Demand & Feasibility Analysis (housing, commercial prototypes) •Environmental Constraints Review
•Deliverables:
oExisting Conditions Report
oOpportunities/Constraints Map
oMarket Memo
oHousing Strategy Memo
Task 3: Community Engagement (Ongoing Throughout Project, Kickoff Month 2) Purpose: Engage a broad cross-section of the community and stakeholders at every stage. Emphasize outreach to the city’s disadvantaged communities and areas of high segregation and poverty. •Community Advisory Committee (CAC) Meetings
•Technical Advisory Committee (TAC) Meetings
•Pop-Up Outreach
•Pop-Up Outreach Toolkits for City Staff
•Stakeholder Interviews (property owners, developers, advocacy groups, etc.) •Online Community Surveys & Other Engagement Tools
•Public Workshops (in-person and virtual)
•Deliverables:
oMeeting Summaries
oPop-Up Toolkits
oSurvey Results
oWorkshop Materials
Task 4: Vision, Guiding Principles, and Alternatives Development (Month 4–6) Purpose: Create a shared vision and explore land use, mobility, and development alternatives. •Community Visioning Workshops
•Development of Guiding Principles
•Land Use Alternatives (up to 3 scenarios)
•Mobility & Streetscape Alternatives
•Building Prototype Testing & Development Feasibility Analysis
MTC/City of Vallejo
Master Funding Agreement
Supplement No. 2 – Waterfront Plan Update
•Alternatives Report and Evaluation (including economic, infrastructure, equity lenses) •Deliverables:
oVision Statement
oAlternatives Report
oFeasibility Report
oCommunity Feedback Summary
Task 5: Preferred Plan Development (Month 7–9)
Purpose: Define a consensus Preferred Plan based on alternatives analysis and community input. •Preferred Land Use Plan and Streetscape Design
•Climate Adaptation/Resilience Strategy
•Equity and Environmental Justice Strategy
•Infrastructure & Mobility Strategy
•Public Realm & Placemaking Strategy
•Parking Strategy (including demand management)
•TOC Policy Compliance Strategy
•Informal Outreach + Formal Community Workshops
•Planning Commission & City Council Check-Ins
•Deliverables:
oPreferred Plan Report
oStrategy Memos
oOutreach Summary
oPresentation Materials
Task 6: Draft Specific Plan Preparation (Month 9–12)
Purpose: Prepare a complete and cohesive Draft Specific Plan that complies with California Government Code Sections 65450–65457 and MTC’s TOC Policy. The Specific Plan will include objective design standards for new construction as well as modifications to existing buildings, including historic structures. It will integrate policies and regulations identified through the strategy memos prepared in Task 5.
•Administrative Draft Specific Plan
•Public Review Draft Specific Plan
•TAC, CAC, and Community Review Sessions
•Informal Outreach and Online Feedback Collection
•Deliverables
oAdmin. Draft Plan
oPublic Review Draft
oOutreach Toolkit
oCommunity Feedback Memo
Task 7: Infrastructure Financing and Implementation Strategy (Month 9–12) Purpose: Ensure feasible funding and implementation of infrastructure improvements. •Infrastructure Development and Cost Estimates
•Fiscal Impact Analysis
•Infrastructure Financing Strategy (EIFD, grants, impact fees, etc.)
MTC/City of Vallejo
Master Funding Agreement
Supplement No. 2 – Waterfront Plan Update
•Implementation Plan (phasing, responsible parties, funding sources) •Deliverables
oInfrastructure Memo
oFinancing Strategy
oImplementation Matrix
Task 8: Environmental Review (Month 12–18)
Purpose: Prepare environmental documentation in compliance with CEQA. •Environmental Impact Report (EIR)
•Mitigation Measures & Monitoring Program (MMRP)
•Scoping Meetings and Public Comment Process, if needed •Deliverables:
oDraft & Final EIR
oMMRP
oCEQA Findings
oStatement of Overriding Considerations
Task 9: Adoption and Final Plan Preparation (Month 18–24) Purpose: Finalize the Specific Plan and support City adoption process. •Planning Commission Hearings
•City Council Hearings
•Final Specific Plan (Incorporating Adoption Edits)
•Final CEQA Documents (if required)
•Deliverables:
oFinal Specific Plan
oFinal Environmental Documents
oStaff Reports
oHearing Presentations
MTC/City of Vallejo
Master Funding Agreement
Supplement No. 2 – Waterfront Plan Update
Annex II
Project Schedule, Budget and Payment
COST REIMBURSEMENT
MTC will reimburse AGENCY for all expenses deemed reasonable and necessary by MTC incurred by AGENCY in the performance of this Agreement. Such reimbursement shall include travel and personal expenses incurred by employees or agents of AGENCY in accordance with 48 Code of Federal Regulations Part 31 or 2 CFR Part 200, as applicable.
AGENCY shall submit a request for reimbursement at least every six months, but not more frequently than monthly for costs incurred. The request shall identify the work for which payment is requested; the hours worked; any authorized expenses, together with receipts for such expenses; the amount requested; and the cumulative amount billed and paid under this Agreement. Final invoice shall be submitted no later than 30 calendar days after the end date of this supplement.
AGENCY shall provide all deliverables associated with a task before full disbursement is made for any task. If applicable, AGENCY shall provide Caltrans’ Local Assistance Procedures Manual Exhibit 10- O2: Consultant Contract DBE Commitment with the first invoice. If applicable, AGENCY shall provide Caltrans’ Local Assistance Procedures Manual Exhibit 17-F: Final Report-Utilization of DBE and First- Tier Subcontractors.
Budget amounts may be reallocated between line items at the discretion of the MTC Project Manager in consultation with the AGENCY. MTC Project Manager’s decision herein shall not be unreasonably withheld.
The estimated budget by Task and Deliverable is described below.
Milestone Due Date: Amount Due
Completion of Task 0:
Consultant Selection
July 31, 2025 $21,000
Completion of Task 1:
Project Initiation and
Management
August 31, 2025 $63,000
Completion of Task 2:
Existing Conditions and
Opportunities/Constraints
Analysis
October 31, 2025 $126,000
Completion of Task 3:
Community Engagement
June 30, 2027 $158,000
Completion of Task 4:
Vision, Guiding Principles,
and Alternatives
Development
December 31, 2025 $105,000
MTC/City of Vallejo
Master Funding Agreement
Supplement No. 2 – Waterfront Plan Update
Completion of Task 5:
Preferred Plan Development
March 31, 2026 $158,000
Completion of Task 6: Draft
Specific Plan Preparation
June 30, 2026 $126,000
Completion of Task 7:
Infrastructure Financing and
Implementation Strategy
June 30, 2026 $74,000
Completion of Task 8:
Environmental Review
December 31, 2026 $80,000
Completion of Task 9:
Adoption and Final Plan
Preparation
June 30, 2027 $89,000
TOTAL: $1,000,000
CONSENT CALENDAR 8.E.
DATE: June 24, 2025
TO: Mayor and Members of the City Council
FROM: Jason Ta, Chief of Police
SUBJECT: ADOPT A RESOLUTION APPROVING AN AMENDMENT TO AN AGREEMENT WITH
SEROLOGICAL LABORATORY FOR FORENSIC TESTING SERVICES
RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute an amendment to the agreement with Serological Laboratory for forensic laboratory services, for a new not to exceed amount of $500,000 over a term of 3 years.
REASONS FOR RECOMMENDATION
The Vallejo Police Department and Solano County do not have the facilities, expertise, or equipment necessary for DNA testing, firearm examination, ballistic testing and other specialized evidence analysis required for the numerous criminal investigations reported to the Vallejo Police Department (VPD). As a result the VPD has contracted services with the County of San Mateo for forensic laboratory and crime scene services. However, due to the extensive work that is required for the analysis of DNA and the frequent back log of DNA testing at the San Mateo laboratory the police department has utilized Serological Research Institute for its forensic DNA testing services. The Serological Research Institute (aka SERI) is a 501(c)3 non- profit laboratory that specializes in DNA analysis and is capable of returning completed analytical reports to its clients in far less time than the San Mateo laboratory. Additionally, SERI is the only lab the police department contracts with that has the ability to conduct advanced techniques to extract DNA samples from expended shell casings. The department has expended the full amount of the current contract, $90,000, and would like to increase the budget, to $500,000, in order to continue using SERI for the remainder of the three-year term of the current contract.
BACKGROUND AND DISCUSSION
The Vallejo Police Department (VPD) currently contracts with the Serological Research Institute (SERI) for its forensic DNA testing services. It is difficult to estimate the dollar amount required annually, as it can change significantly from year to year, depending on the type and volume of crimes investigated in a given year.
These lab services support the identification of suspects based on DNA found at a crime scene, and may result in the suspect being taken into custody and charged in a timely manner. DNA testing needs are driven by the frequency of serious crimes, the occurrence of which are outside of the control of the VPD. In 2024, DNA testing was performed on over 25 homicide investigations, several attempted homicides, numerous gun violence cases, and several sexual assault cases. Further, DNA testing and analysis is generally required by the District Attorney for charging purposes in a variety of cases.
SERI is accredited through the American Society of Crime Laboratories Directors/Laboratory Accreditation Board. SERI is located in Richmond, CA and provides state of the art forensic services, laboratory analysis and expert testimony for its clients. While maintaining compliance with the Federal Bureau of Investigations, Quality Assurance Standards for Forensic DNA Testing, SERI has consistently provided the fastest case turnaround times of our contracted vendors. SERI has helped minimize DNA testing backlogs such as those found when utilizing the San Mateo laboratory. Fast DNA testing turnaround times help the department to identify serious violent offenders, prevent further victimization, and solve criminal cases in a more time
Date: June 24, 2025
Subject: ADOPT A RESOLUTION APPROVING AN AMENDMENT TO AN AGREEMENT WITH
SEROLOGICAL LABORATORY FOR FORENSIC TESTING SERVICES
effective manner. The VPDs investigative demand for services provided by SERI has increased based on several factors including improved DNA recovery techniques, new legislative requirements, and lack of comparable service providers.
The current agreement with Serological is valid from July 1, 2024 through June 30, 2027. The agreement's not-to-exceed of $90,000 has been spent on services and this amendment, increasing the budget to $500,000, will allow the City to continue utilizing these key services.
FISCAL IMPACT
The total cost of these services is estimated not to exceed $500,000 over the three-year contract period.
Pricing for the contracts is fixed for the term of the contract. Funding for the base period of this contract is included in the Fiscal Year 2024-25 General Fund Police Department adopted budget. For the subsequent years, appropriate amounts will be included as part of the annual budget process.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
ATTACHMENTS
1. FY2025 Resolution for Amending Serilogical NTE CAO Stamp
2. FIRST AMENDMENT Seri
CONTACT
Jason Ta, Chief of Police (707) 648-4540
[email protected]
Approved as to form:
By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 24-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVINGTHE FIRST
AMENDMENT TO THE CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH
SEROLOGICAL RESEARCH INSTITUTE TO INCREASE THE NOT-TO-EXCEED AMOUNT TO $500,000
WHEREAS, on July 1, 2025, the City entered into a Consultant and Professional Services Agreement with Serological Research Institute in the amount of $90,000; and WHEREAS; Serological Research Institute provides evidence testing, such as DNA Analysis, Screening of Sexual Assault Kits, and other additional tests; and WHEREAS, City staff requests to increase the not-to-exceed amount with Serological Research Institute to $500,000.
NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves that the First Amendment to the Consultant and Professional Services Agreement with Serological Research Institute, with a total contract not-to-exceed amount of $500,000; and authorizes the City Manager to execute the same.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on June 24, 2025, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
ATTEST
ANDREA SORCE, MAYOR
DAWN G. ABRAHAMSON, CITY CLERK
May 21, 2025 11:35 AM, 1346459953
Contract and Routing Form
Date Originated:
Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: Police Department,
Staff Contact: Ayat Biltagi , [email protected] Contract Type: Amendment
Vendor: Serological Vendor Number:103308
Business License Number: 2000018518
End Date: Jun 30, 2027
Contract Not to Exceed Amount: 500000.00
Contract Start Date: Jul 01, 2024
Option to Extend: one year, not to exceed five years
Authority to Contract: City Council Date to Council: Jun 24, 2025 Attachments are uploaded for review here: https://bit.ly/vContracts Approved Pre-Requisition Form
Original Agreement with any Amendments
Insurance
I have uploaded additional files.No
Docusign Envelope ID: 12B65EE0-9692-4B3C-84DC-B5C896D5F42D
Contract and Routing Form
Signature Page
Department Initial Date Comment
Originating Department/Division
Risk Manager
City Attorney's Office
Department Head
Finance Department
City Manager
City Clerk
Return executed contract to: Ayat Biltagi
Docusign Envelope ID: 12B65EE0-9692-4B3C-84DC-B5C896D5F42D 5/28/2025
5/28/2025
First Amendment to Agreement Between City of Vallejo and Serological Research Institute Page 1 of 3 (Revised 05.2025)
FIRST AMENDMENT TO
AGREEMENT BETWEEN
CITY OF VALLEJO
AND
SEROLOGICAL RESEARCH INSTITUE
This First Amendment (the “First Amendment”) to the Consultant and Professional Services Agreement made and entered into on July 01, 2024 (the “Agreement”), between the Serological Research Institute, a California non-profit corporation (the “Consultant”), and the City of Vallejo, a municipal corporation (the “City”), is made and entered into on this 21st day of May 2025.
Consultant and City do mutually agree as follows:
1. Amendment to Exhibit B Section 1. Exhibit B Section 1.A is hereby deleted and replaced with the following:
Services: City agrees to pay Consultant for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses a not-to-exceed amount of Five Hundred Thousand Dollars ($500,000) for the term of this agreement. Services shall be requested via work order, as needed by the City. A sample of the work order to be used for services under this agreement is attached hereto as Attachment 1 of Exhibit B
2. Indemnification. The following is amended and included in Agreement section 4.
Indemnification, and incorporated as 4b:
Consultant shall also indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, consultant’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Consultant’s operations, or any subcontractor’s operations, related to costs or benefits associated with California Public Employment Retirement System (CalPERS) membership where Consultant supplies a CalPERS member who CalPERS determines is subject to enrollment.
3. Personnel & CalPERS Prohibition. The following is amended and included in Agreement section 14. Personnel, and incorporated as 14b:
14b. General Prohibition on Assignment of CalPERS Members and Annuitants. Consultant shall not hire, employ, or use, as an employee, subcontractor or agent of Consultant (Assigned Individual) any California Public Employment Retirement System (CalPERS) member or annuitant in connection with the provision of services under this Agreement. Nor shall Consultant allow any of its subcontractors, agents, or other representatives to employ CalPERS members or annuitants for the purpose of performing work under this Agreement.
Failure to comply with the provisions of this section shall constitute a material Docusign Envelope ID: 12B65EE0-9692-4B3C-84DC-B5C896D5F42D
First Amendment to Agreement Between City of Vallejo and Serological Research Institute Page 2 of 3 (Revised 05.2025)
breach of Consultant’s obligations under this Agreement and shall be grounds for termination.
The City Manager and the Human Resources Director may together approve an exception which they determine either: (i) meets the requirements of CalPERS relating to Independent Contractors; or (ii) where such Assigned Individual who is an Annuitant, has not, and will not, exceed 960 total hours in a fiscal year (July 1 to June 30) for all CalPERS employers combined, and satisfies all other CalPERS annuitant requirements. No Assigned Individual, regardless of CalPERS membership at the time the labor is provid ed, may exceed 1,000 hours in a fiscal year (July 1 to June 30).
4. Removal of Key Personnel Provision : The Agreement is amended to remove section 4. Key Personnel to Exhibit A of the Agreement, titled “Scope of Work”.
5. No Set Work Hours. The following is amended and included in Exhibit A to the Agreement, titled “Scope of Work”:
Consultant shall be solely responsible for determining the working hours of its individual personnel, employees, agents, and representatives within the limitations otherwise provided by this Agreement.
6. Integration. This First Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. This First Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and C onsultant shall perform all duties, obligations and conditions required under the Agreement.
7. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this First Amendment and the Agreement, the provisions of this First Amendment shall control in all respects.
8. Ambiguities. The parties have each carefully reviewed this First Amendment and have agreed to each term of this First Amendment. No ambiguity shall be presumed to be construed against either party.
9. Counterparts. This First Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
10. Authority. The person signing this First Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Consultant.
Docusign Envelope ID: 12B65EE0-9692-4B3C-84DC-B5C896D5F42D
First Amendment to Agreement Between City of Vallejo and Serological Research Institute Page 3 of 3 (Revised 05.2025)
IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year First herein above appearing.
SEROLOGICAL RESEARCH INSTITUTE
BY:
GARY C. HARMOR
Executive Director
DATE:
(City Seal)
CITY OF VALLEJO,
a municipal corporation
BY:
Andrew Murray
City Manager
DATE:
ATTEST:
DAWN G. ABRAHAMSON
City Clerk
APPROVED AS TO CONTENT:
JASON TA
Chief of Police
APPROVED AS TO FORM:
Veronica A. F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
Armond Sarkis
Risk Manager
Docusign Envelope ID: 12B65EE0-9692-4B3C-84DC-B5C896D5F42D 5/28/2025
-XO
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Date Originated:
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07/22/2024
Gary C.
Harmor
Digitally signed by Gary C. Harmor
Date: 2024.07.22 13:09:21 -07'00'
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1. Representatives. 7KH&LW\5HSUHVHQWDWLYHIRUWKLV$JUHHPHQWLV
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2. Services to be Provided. 7KHVHUYLFHVSURYLGHGVKDOOEHDVVHWIRUWKLQ $WWDFKPHQW RI ([KLELW $ DWWDFKHG KHUHWR DQG LQFRUSRUDWHG KHU HLQ E\ WKLV UHIHUHQFH
3. Time for Performance. &RQVXOWDQWZLOOSHUIRUPWKHVHUYLFHVDFFRUGLQJWR WKHVFKHGXOHEHORZ
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/DE6HUYHU6%6$GPLQLVWUDWLYH&RQWUDFWV6LGH%\6LGH Notes
x *4XDQWLWDWLRQLQFOXGHVH[DPLQDWLRQDQGDVVHVVPHQWRI'1$TXDQWLW\,IDQLQVXIILFLHQWDPRXQWRI'1$LVUHFRYHUHGQRIXUWKHUDQDO\VLVZLOOEHSHUIRUPHG x **(YLGHQFHVDPSOHWHVWLQJLQFOXGHVHYLGHQFHH[DPLQDWLRQWKURXJK'1$$QDO\VLV 675V
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All requests for expedited service must be pre-approved by the Laboratory Manager. %XVLQHVV'D\7XUQ$URXQG
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Service Option 6 Option 8 Option 12 SERI Regular Pricing Discount & Turnaround Time 6 weeks 8 weeks 12 weeks
Combined Administrative Fee
& CODIS Upload Fee (Flat, All Cases) $1,000/case $1,000/case $1,000/case $1,500 per case Screening:
Small Item or Large Item
$350/ea. small item
$525/ea. large item
$325/ea. small item
$475/ea. large item
$300/ea. small item
$450/ea. large item
$500/ea. small item
$750/ea. large item
Screening: Sexual Assault Kit $400/item $375/item $350/item $600/item Screening: Shell Casings
Flat Fee by Volume
1-6 casings @ $200 each
7-12 casings @$150 each
13+ casings @$100 each
1-6 casings @ $200 each
7-12 casings @$150 each
13+ casings @$100 each
1-6 casings @ $200 each
7-12 casings @$150 each
13+ casings @$100 each
1-6 casings @ $200 each
7-12 casings @$150 each
13+ casings @$100 each
Reference Sample
(Blood or Saliva) $550/sample $500/sample $450/sample $700/sample Evidence Sample taken
through Quantitation only * $325/sample $300/sample $275/sample $450/sample Evidence Sample ** $775/sample $725/sample $700/sample $1,000/sample Additional Testing
from Extracted DNA Sample $450/sample $440/sample $430/sample $600/sample Firearm Testing or
Wearer/Touch/Handler DNA $1,700/item $1,600/item $1,500/item $2,100/item M-Vac System®Extraction
(includes DNA Analysis) $1,700/item $1,600/item $1,500/item $2,100/item Mitochondrial DNA -
Reference or Evidence Item $1,400/sample $1,375/sample $1,350/sample $1,800/sample Attachment 1 of Exhibit A
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E-MAILADDRESS:
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INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS (MM/DD/YYYY) (MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
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DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$
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E.L. DISEASE - EA EMPLOYEE$If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
$
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The ACORD name and logo are registered marks of ACORD
3/5/2025
(415) 447-4212 (415) 447-4181
17370
Serological Research Institute
3053 Research Dr.
Richmond, CA 94806
33138
A 2,000,000
X NN1811095 3/5/2025 3/5/2026 100,000
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NN1811095 3/5/2025 3/5/2026
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AN1306786 3/5/2025 3/5/2026 2,000,000
B
57WECAK9EMK 4/1/2025 4/1/2026 1,000,000Y 1,000,000
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C Professional Liabili LHM858677 7/1/2024 Each Claim 1,000,000 C Professional Liabili LHM858677 7/1/2024 7/1/2025 Aggregate 3,000,000 *30 Day Cancellation Written Notice and 10 day for Non-Payment of Premium/Non-Reporting of Payroll.
City of Vallejo, its officers, officials, employees, and volunteers are named as Additional Insured per written contract.
City of Vallejo
111 Amador Street
Vallejo, CA 94590
SERORES-01 SSTAMPFL
Riskguard Insurance Solutions, Inc422 Presidio AveSan Francisco, CA 94115 [email protected] Nautilus Insurance Company
The Hartford Insurance Co.
Landmark American Insurance Co
X
7/1/2025
X
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This Message Is From an External Sender
7KLVPHVVDJHFDPHIURPRXWVLGH\RXURUJDQL]DWLRQ
From: [email protected]
To: Ayat Biltagi
Cc: Armond Sarkis
Subject: RE: SUBROGATION WAIVER - Exhibit C 4.F
Date: Friday, July 19, 2024 10:52:27 AM
Attachments: image001.png
image002.png
Importance: High
The purpose of a waiver of subrogation is to state that the client (City of Vallejo) is not responsible for our (SERI) workers if a claim were to arise on the clients physical property/job site. Instead our worker’s compensation policy would pay for damages of a covered loss. SERI does not and never would be working on any City property or job site. Our work is conducted solely in our laboratory and therefore we aren't obligated to provide the waiver.
Ledia McVeigh
CFO, Director of Operations & Administration
DNA Case Manager
SEROLOGICAL RESEARCH INSTITUTE
3053 Research Drive
Richmond CA 94806
510.223.7374 x238
www.serological.com
This email communication may contain CONFIDENTIAL INFORMATION WHICH ALSO MAY BE LEGALLY PRIVILEGED and is intended only for the use of the intended recipients identified above. If you are not the intended recipient of this communication, you are hereby notified that any unauthorized re view, use, dissemination, distribution, downloading, or copying of this communication is strictly prohibited. If you are not the intended recipient and have received t his communication in error, please immediately notify us by reply email, delete the communication and destroy all copies.
From: Ayat Biltagi <[email protected]>
Sent: Thursday, July 18, 2024 7:30 AM
To: Ledia McVeigh <[email protected]>
Cc: Armond Sarkis <[email protected]>
Subject: Update for Revisions
Good Morning Ledia,
Regarding the insurance portion, we request that Serological provides the below comment on an official letterhead or in an email format. We can then remove Exhibit C number 4. F.
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Docusign Envelope ID: 12B65EE0-9692-4B3C-84DC-B5C896D5F42D
Certificate Of Completion
Envelope Id: 12B65EE0-9692-4B3C-84DC-B5C896D5F42D
Status: Sent
Subject: Complete with Docusign: Serological First Amendment 052825.pdf Source Envelope:
Document Pages: 33
Signatures: 2
Envelope Originator:
Certificate Pages: 6
Initials: 2
Ayat Biltagi
AutoNav: Enabled
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
555 Santa Clara St
Vallejo, CA 94590
[email protected]
IP Address: 71.128.39.127
Record Tracking
Status: Original
5/28/2025 9:14:27 AM
Holder: Ayat Biltagi
[email protected]
Location: DocuSign
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Pool: StateLocal
Storage Appliance Status: Connected
Pool: City of Vallejo
Location: Docusign
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Gary Harmor
[email protected]
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Using IP Address: 50.208.41.89
Sent: 5/28/2025 10:23:06 AM
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Electronic Record and Signature Disclosure:
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Jason Ackley
[email protected]
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Signed: 5/28/2025 11:44:08 AM
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Armond Sarkis
[email protected]
Risk Manager
City of Vallejo
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Signed: 5/28/2025 2:00:54 PM
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Veronica Nebb
[email protected]
City Attorney
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(None)
Sent: 5/28/2025 2:00:56 PM
Resent: 5/29/2025 6:29:46 PM
Resent: 6/2/2025 8:38:26 AM
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Jason Ta
[email protected]
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(None)
Electronic Record and Signature Disclosure:
Accepted: 6/2/2025 1:22:25 PM
ID: 4c87adc5-a713-4330-ba41-64d07303b929
Allen French
[email protected]
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(None)
Electronic Record and Signature Disclosure:
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Andrew Murray
[email protected]
Security Level: Email, Account Authentication
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Dawn G. Abrahamson
[email protected]
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Ledia McVeigh
[email protected]
DIR. OF FINANCE, OPERATIONS &
ADMINISTRATION
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Angelina Joya
[email protected]
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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 10/10/2019 1:09:10 PM Parties agreed to: Gary Harmor, Veronica Nebb, Jason Ta, Ledia McVeigh
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CONSENT CALENDAR 8.F.
DATE: June 24, 2025
TO: Mayor and Members of the City Council
FROM: Beth Schoenberger, Water Director
SUBJECT: ADOPT A RESOLUTION APPROVING THE FIRST AMENDMENT TO CHEMICAL SUPPLIES PURCHASE AGREEMENT 25WD052 WITH THATCHER COMPANY OF CALIFORNIA, INC. FOR THE WATER DEPARTMENT’S WATER TREATMENT CHEMICAL SUPPLIES, INCREASING THE NOT TO EXCEED AMOUNT TO $430,023,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME
RECOMMENDATION
Adopt a resolution approving the First Amendment to Chemical Supplies Purchase Agreement 25WD052 for water treatment chemical supplies, increasing the not to exceed amount to $430,023.00, and authorizing the City Manager to execute the same.
REASONS FOR RECOMMENDATION
The recommendation corrects an inadvertent error in the quantity of water treatment chemicals proposed for purchase by Council approval of Resolution Number 24-140 N.C on September 10, 2024. The Water Department uses various chemicals in its water treatment plants. Water staff are required to make significant operational purchases of various chemicals throughout the fiscal year. The City's participation in the North Bay Agency Chemical Pool provides volume pricing for chemicals other than those identified as specialty chemicals. The North Bay Agency Chemical Pool (NBCP) consists of American Canyon, Benicia, Calistoga, Davis, Fairfield, Napa, Petaluma, Saint Helena, Solano Irrigation District, Vallejo, Vallejo Flood and Wastewater District, and Yountville. These entities formed the NBCP in order to take advantage of the buying power and economies of scale of the entire group rather than as individual entities. In the event of unforeseen emergency impacts of chemical delivery interruptions, the City Manager's Council-approved contract purchasing authority will be utilized to avoid interruption. In the September 10, 2024 Council-approved Resolution Number 24-140 N.C. the chemical quantity purchased from Thatcher mistakenly was too small.
This recommendation corrects that mistake.
BACKGROUND AND DISCUSSION
The City's water treatment plants require multiple chemical compounds essential to the treatment processes that must be purchased from various vendors. On September 10, 2024 the City Council adopted Resolution Number 24-140 N.C., authorizing the City Manager to execute eight chemical purchase agreements with various suppliers for water treatment chemical supplies. One of the suppliers is Thatcher Company of California, Inc., which supplies Sodium Hypochlorite to the Fleming Hill and Travis water treatment plants. Sodium Hypochlorite is liquid chlorine that ensures adequate disinfection of harmful pathogens in our treated water and ensures the water's safety for public consumption. Without the trace amount of chlorine residuals in the treated water, the public could become sick due to bacteria and other pathogens. The September 10, 2024 resolution authorized an agreement with Thatcher for $153,384.00. The chemical quantity listed in the September 10, 2024 resolution mistakenly only included the quantities needed for the Travis Water Treatment Plant and did not include the amounts needed for the Fleming Hill Water Treatment Plant.. This First Amendment updates the total quantity which increases the not-to-exceed amount by $276,639.00 to a new not to exceed amount of $430,023.
Date: June 24, 2025
Subject: ADOPT A RESOLUTION APPROVING THE FIRST AMENDMENT TO CHEMICAL SUPPLIES PURCHASE AGREEMENT 25WD052 WITH THATCHER COMPANY OF CALIFORNIA, INC. FOR THE WATER DEPARTMENT’S WATER TREATMENT CHEMICAL SUPPLIES, INCREASING THE NOT TO EXCEED AMOUNT TO $430,023,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME
Thatcher Co. of CA, Inc., Sacramento, CA $ 2.49 per gallon (full load) Original Quantity Listed: 56,000 gallons
Updated Quantity: 157,000 gallons
Chemical: Sodium Hypochlorite, 12.5% Quantity: 157,000 gallons Unit Price: $2.49 Chemical Cost Amount: $390,930.00 (Three Hundred Ninety Thousand Nine Hundred Thirty Dollars and Zero Cents)
Contingency for Misc Costs $39,093.00 And Surcharges (10%) (Thirty-Nine Thousand Ninety-Three Dollars and Zero Cents)
Agreement Not to Exceed Amount: $430,023.00 (Four Hundred Thirty Thousand Twenty-Three Dollars and Zero Cents)
FISCAL IMPACT
The North Bay Agency Chemical Pool’s Chemical Supply bids use estimated quantities to obtain unit prices.
The City’s actual chemical quantity needs are dependent on the dosages required to treat seasonally variant source water quality in compliance with State and Federal Environmental Protection Agency requirements.
The chemical agreements' not-to-exceed amounts have been increased in anticipation of any price fluctuations, as well as to cover taxes and fuel surcharges. The Water Enterprise Fund has sufficient funding to cover the projected costs of treatment chemical supplies for the fiscal year.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
ATTACHMENTS
1. Thatcher Co. - First Amendment to 25WD052 - Resolution CAO Stamp
2. Thatcher Co. - First Amendment to 25WD052 CAo Stamp
3. 25WD052 THATCHER COMPANY OF CALIFORNIA INC Chemical Supplies Purchase Agreement
4. Thatcher Co. - COI Exp(06.30.25)
CONTACT
Beth Schoenberger, Water Director
[email protected]
Approved as to form:
By: for
Veronica Nebb, City Attorney
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING THE FIRST AMENDMENT TO CHEMICAL SUPPLIES PURCHASE AGREEMENT 25WD052 WITH THATCHER COMPANY OF CALIFORNIA, INC. FOR WATER TREATMENT CHEMICAL SUPPLIES, INCREASING THE NOT TO EXCEED AMOUNT TO $430,023.00, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME
WHEREAS, the City of Vallejo utilizes a multitude of various chemicals at the City’s water treatment plants; and
WHEREAS, the City is a member of the North Bay Agency Chemical Pool (NBACP) which was formed by American Canyon, Benicia, Calistoga, Davis, Fairfield, Napa, Petaluma, Saint Helena, the Solano Irrigation District, Vallejo, Vallejo flood and Wastewater District and Yountville to jointly negotiate bids for water treatment chemicals; and
WHEREAS, NBACP sought and received bids from numerous suppliers for chemicals needed for the treatment of water in the City of Vallejo and its various water systems; and WHEREAS, the NBACP bids were based upon estimated needs for each of the participating public agencies; and
WHEREAS, NBACP awarded the bid to six vendors that offered discounted rates for all members of NBACP; and
WHEREAS, the amount of chemicals originally requested from Thatcher Company of California only included the Travis Water Treatment Plant forecast and did not include the Vallejo Treatment Plant forecast.
NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves the First Amendment to Chemical Supplies Purchase Agreement 25WD052 for water treatment chemicals with Thatcher Company of California, Inc. increasing the not=to=exceed amount by $276,639 to a total not-to-exceed amount of $430,023 and authorizes the City Manager to execute the same.
Adopted by the Council of the City of Vallejo at a regular meeting held on June 10, 2025, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________________
ANDREA SORCE, MAYOR
ATTEST: _________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
First Amendment to Agreement Between City of Vallejo and Thatcher Co. of CA. (25WD052) Page 1 of 3 Approved as to form:
By: for
Veronica Nebb, City Attorney
FIRST AMENDMENT TO
CHEMICAL SUPPLIES PURCHASE AGREEMENT 25WD025
BETWEEN
CITY OF VALLEJO
AND
THATCHER COMPANY OF CALIFORNIA
This First Amendment to Chemical Supplies Purchase Agreement 25WD052 made and entered into on July 01, 2024, hereafter referred to as Agreement, between Thatcher Company of CA, a California Corporation, therein referred to as Vendor, and the City of Vallejo, a municipal corporation, therein referred to as City, is made and entered into on this June 22nd, 2025.
Vendor and City do mutually agree as follows:
1.Section 1 of the Agreement shall be modified to read as follows:
1. Vendor shall provide City, and deliver to Fleming Hill and Travis Water Treatment Plants and Swanzee, as required by the Vallejo Municipal Water System, the following:
Chemical: Sodium Hypochlorite, 12.5%
Quantity: 157,000 gallons
Unit Price: $2.49
Agreement Amount: $390,930.00
(Three Hundred Ninety Thousand
Nine Hundred Thirty Dollars and Zero
Cents)
Contingency for Misc Costs $39,093.00
And Surcharges (10%)(Thirty-Nine Thousand Ninety-Three
Dollars and Zero Cents)
Agreement Not to Exceed Amount: $430,023.00
First Amendment to Agreement Between City of Vallejo and Thatcher Co. of CA. (25WD052) Page 2 of 3 (Four Hundred Thirty Thousand
Twenty-Three Dollars and Zero Cents)
The foregoing quantity(ies) is/are an approximation only, and are the quantities estimated as required by the Water System for the Agreement term. City does not expressly or by implication warrant that the actual quantities ordered during the Agreement term will correspond therewith and reserves the right to increase or decrease the quantity of chemical ordered at the bid price, as may be necessary or advisable.
2. Integration. This First Amendment contains the entire Agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. This First Amendment shall not be amended or modified except by a written agreement executed by each of the parties.
Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Consultant shall perform all duties, obligations and conditions required under the Agreement.
3. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this First Amendment and the Agreement, the provisions of this First Amendment shall control in all respects.
4. Ambiguities. The parties have each carefully reviewed this First Amendment and have agreed to each term of this First Amendment. No ambiguity shall be presumed to be construed against either party.
5. Counterparts. This First Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
6. Authority. The person signing this First Amendment for Vendor hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Vendor.
(SIGNATURES ARE ON THE FOLLOWING PAGE)
First Amendment to Agreement Between City of Vallejo and Thatcher Co. of CA. (25WD052) Page 3 of 3 IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.
THATCHER COMPANY OF CA, INC.
A California Corporation
BY:
Mike Mitchell
President
DATE:
(City Seal)
CITY OF VALLEJO,
a municipal corporation
BY:
Andrew Murray
City Manager
DATE:
ATTEST:
BY:
Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:
BY:
Beth Schoenberger
Water Director
APPROVED AS TO FORM:
BY: For:
Veronica A.F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
BY:
Armond Sarkis
Risk Manager
6HS
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Date Originated:
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Contract Start Date: 6HS End Date: -XQ Option to Extend:
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City Clerk
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· ͙͙͙ · · · ͙͔͘͝͝ · ͔͛͛Ǥ͚͘͜Ǥ͙͖͘͝ Department::DWHU'HSDUWPHQW7UHDWPHQW2SHUDWLRQV Staff Contact:-RKQ0DQULTXHMRKQPDQULTXH#FLW\RIYDOOHMRQHW Vendor:7KDWFKHU&RPSDQ\RI&DOLIRUQLD,QF Vendor Number Term:3XUFKDVHWKLV)<
Anticipated Purchase Date:6HS
Anticipated Contract Type:2WKHU
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Purchasing Authority: &LW\&RXQFLO Anticipated Date to Council:6HS Total Projected Expenditure:
Multiple Project Numbers?Multiple Account Numbers?ǡ
Description of Proposed Purchase:
6RGLXP+\SRFKORULWHIRU:DWHU7UHDWPHQW2SHUDWLRQVIRU)< I have reviewed the city-wide contracts, expenditure and encumbrance reports to comply with the VMC. ,WLVDQH[LVWLQJYHQGRUDQG,DPZRUNLQJWRWDNHDQDFWLRQWRWKH&LW\&RXQFLOEHFDXVHLWZLOOH[FHHGWKH&LW\ ZLGHFDSRILQDVLQJOH)<
Competitive Process: 7KLVLVD&RRSHUDWLYH3XUFKDVH
Explanation for Vendor Selection:
7KH&LW\LVDPHPEHURI1%$&3ZKLFKVRXJKWDQGUHFHLYHGELGVIURPQXPEHUVVXSSOLHUVIRUFKHPLFDOVQHHGHG IRUWKHWUHDWPHQWRIZDWHUZDVWKHORZHVWELGGHU
Uploaded documents available for review https://bit.ly/vPreReqs. :DUUDQW\1R
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Department Comment
Delegated Signee:%HWK6FKRHQEHUJHU
Title::DWHU'LUHFWRU
E-mail:MRKQPDQULTXH#FLW\RIYDOOHMRQHW
B 6LJQDWXUH'DWH
Route Final HTE PO to City Clerk for Contract Log
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C H E MI C A L S U P P LI E S P U R C H A S E A G R E E M E N T T hi s C h e mi c al S u p pli e s P ur c h a s e A gr e e m e nt (" A gr e e m e nt") i s m a d e a n d e nt er e d i nt o t hi s 1 st d a y of J ul y 2 0 2 4, b y a n d b et w e e n t h e Cit y of V all ej o, a m u ni ci p al c or p or ati o n (" Cit y"), a n d T h at c h er C o m p a n y of C A, I n c., a C alif or ni a c or p or ati o n, h er ei n aft er r ef err e d t o a s “ V e n d or,” w h o a gr e e a s f oll o w s:
1. V e n d or s h all pr o vi d e Cit y, a n d d eli v er t o Fl e mi n g Hill a n d Tr a vi s W at er Tr e at m e nt Pl a nt s a n d S w a n z e e, a s r e q uir e d b y t h e V all ej o M u ni ci p al W at er S y st e m, t h e f oll o wi n g:
C h e mi c al: S o di u m H y p o c hl orit e, 1 2. 5 % Q u a ntit y: 5 6, 0 0 0 g all o n s
U nit Pri c e: $ 2. 4 9
A gr e e m e nt A m o u nt: $ 1 3 9, 4 4 0. 0 0
( O n e H u n dr e d T hirt y- Ni n e T h o u s a n d
F o ur H u n dr e d F ort y D oll ar s a n d Z er o
C e nt s)
C o nti n g e n c y f or Mi s c C o st s $ 1 3, 9 4 4. 0 0 A n d S ur c h ar g e s ( 1 0 %) ( T hirt e e n T h o u s a n d Ni n e H u n dr e d F ort y- F o ur D oll ar s a n d
Z er o C e nt s)
A gr e e m e nt N ot t o E x c e e d A m o u nt: $ 1 5 3, 3 8 4. 0 0 ( O n e H u n dr e d Fift y- T hr e e T h o u s a n d
T hr e e H u n dr e d Ei g ht y- F o ur D oll ar s
a n d Z er o C e nt s)
T h e f or e g oi n g q u a ntit y(i e s) i s/ ar e a n a p pr o xi m ati o n o nl y, a n d ar e t h e q u a ntiti e s e sti m at e d a s r e q uir e d b y t h e W at er S y st e m f or t h e A gr e e m e nt t er m. Cit y d o e s n ot e x pr e s sl y or b y i m pli c ati o n w arr a nt t h at t h e a ct u al q u a ntiti e s or d er e d d uri n g t h e A gr e e m e nt t er m will c orr e s p o n d t h er e wit h a n d r e s er v e s t h e ri g ht t o i n cr e a s e or d e cr e a s e t h e q u a ntit y of c h e mi c al or d er e d at t h e bi d pri c e, a s m a y b e n e c e s s ar y or a d vi s a bl e.
2. V e n d or h er e b y a gr e e s t h at all c h e mi c al s a n d/ or m at eri al s f ur ni s h e d s h all b e i n a c c or d a n c e wit h t h e t er m s a n d c o n diti o n s of e a c h a n d e v er y pr o vi si o n a s s et f ort h i n t h o s e s p e cifi c ati o n s e ntitl e d “ N O R T H B A Y A G E N C Y C H E MI C A L P O O L C H E MI C A L R E Q UI R E M E N T S,” r ef er e n c e d h er ei n a n d m a d e a p art h er e of a s t h o u g h att a c h e d or r e cit e d i n t h eir e ntir et y h er ei n.
3. V e n d or f urt h er a gr e e s t h at all c h e mi c al s a n d/ or m at eri al s f ur ni s h e d a n d d eli v er e d s h all b e i n c o nf or mit y wit h it s bi d pr o p o s al a n d p er s p e cifi c ati o n s of t h e N ort h B a y A g e n c y C h e mi c al P o ol Bi d o p e n e d o n A pril 3, 2 0 2 4.
4. V e n d or f urt h er a gr e e s t h at all c h e mi c al s a n d/ or m at eri al s t o b e f ur ni s h e d a n d d eli v er e d s h all b e stri ctl y i n a c c or d a n c e wit h s ai d s p e cifi c ati o n s, e x c e pt t h at t h e Cit y r e s er v e s t h e ri g ht t o a c c e pt m at eri al ot h er t h a n t h at c all e d f ort h i n s ai d s p e cifi c ati o n s pr o vi d e d t h e W at er Dir e ct or a p pr o v e s i n writi n g s u c h ot h er c h e mi c al/ m at eri al a s e q u al or D o c u si g n E n v el o p e I D: 3 9 6 4 9 D 1 D- 3 F 6 9- 4 4 E 6- 8 2 0 9- 5 3 A 0 D 1 6 D A C C F
better prior to Vendor furnishing or delivering the same.
5. Vendor has obtained or agrees to apply, prior to performance under this Agreement, to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Vendor until such business license(s) has been obtained.
6. Vendor shall be fully informed of all Federal, State, County or Municipal laws, statutes, ordinances, codes and regulations which may in any manner apply to or otherwise have effect on the material to be furnished and shall at all times abide by all such rulings, orders and decrees of those agencies, bodies or tribunals having any jurisdiction or authority over the same.
7. City hereby agrees to pay to Vendor, in lawful money of the United States of America, at the time and in accordance with the provisions set forth in said specifications the price(s) set forth above.
8. The term of this Agreement is for Fiscal Year 2024-2025, shall commence upon execution of the contract by the City Manager, and shall continue in full force and effect until June 30, 2025. City shall, at its discretion, have the right to extend the term of this Agreement for 90 days by written notice to Vendor. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed September 30, 2025. If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo.
9. The parties hereto shall have the right by mutual consent to extend this Agreement on a month-to-month basis, notwithstanding the termination date specified above herein.
Any such agreed extension may include a revision of the unit price herein recited and such revised price shall then prevail over the unit price recited herein for the term of such extension. In the event City desires to extend this Agreement, the Water Director shall so notify the Vendor, who shall promptly accept or reject such extension in writing.
10. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:
If to City: Beth Schoenberger, Water Director
City of Vallejo Water Department
202 Fleming Hill Road
Vallejo, CA 94589
If to Vendor: Parul Kacchia-Patel, Marketing Specialist Chemtrade Sulfate Chemicals, Inc.
90 East Halsey Road, Suite 200
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Parsippany, NJ 07054
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.
11. The City Representative shall administer this Agreement for the City, and routine administrative communications shall be made to the City Representative, or the representative's designee:
Joe Abitong, Water Operations Superintendent
City of Vallejo Water Department
202 Fleming Hill Road, Vallejo, CA 94589
[email protected]
12. This Agreement, including all attachments, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.
13. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the party’s consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
14. The following Exhibits are attached hereto and incorporated herein by reference:
Exhibit A: Completed/Signed “Standard Agreement” Bid Form & Addendum Exhibit B: NBACP Award Form, and Bidder’s Bid Form/Bid Tabulation Exhibit C: NBACP Bid General Requirements
Exhibit D: Manufacturer’s Information for Chemical
Exhibit E: Insurance and Endorsements (including any attachments) Exhibit F: City of Vallejo Business License
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
Thatcher Company of CA, Inc.
a California corporation,
By:
0LNH0LWFKHOO
3UHVLGHQW
DATE:
Vallejo Business License No.
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By:
Andrew Murray
City Manager
DATE:
ATTEST:
By:
Dawn Abrahamson
City Clerk
APPROVED AS TO CONTENT:
By:
Beth Schoenberger
Water Director
APPROVED AS TO FORM:
By:
Veronica A.F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
By:
Armond Sarkis
Risk Manager
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Exhibit A
Completed and Signed “Standard Agreement” Bid
Form and Addendum
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Exhibit B
NBACP Award Form and Bidder’s Bid Form/Bid
Tabulation
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Rev. 2023-11-30
NORTH BAY AGENCY CHEMICAL POOL
INSURANCE and INDEMNITY CERTIFICATION AGREEMENT 2024
This year, NBACP will not be using insurance for disqualifying any bidder during the bid process.
You are now required to acknowledge and accept the below insurance and indemnity terms by certifying your company will comply with all the requirements. It is highly recommended that you provide this to your insurance producer to ensure your company’s insurance program can meet the below requirements before certifying compliance. If you are the successful bidder, you will have 15 business days to provide NBACP with all the necessary insurance certificates and endorsements. If they are not received and approved by the 15th day after you have been notified of your successful bid, NBACP will award to the next bidder.
INSURANCE
The successful Bidder shall not commence work under the Agreement until Bidder has obtained all the insurance(s) required under this paragraph and such insurance(s) shall have been approved by the individual Agency as to form and carrier and sufficiency. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier.
Bidder shall procure and maintain for the duration of the contract all necessary insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Bidder, the Bidder’s agents, representatives, employees or subcontractors.
Minimum Scope of Insurance:
1. Insurance shall be at least as broad as:
a. Personal injury
b. Contractual liability
c. Contractor’s broad form pollution liability
d. Product liability
2. Insurance Services Office form covering Automobile Liability, code 1 (any auto)
3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance
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Rev. 2023-11-30
Bidder shall maintain limits no less than:
TYPE OF INSURANCE MINIMUM LIMITS OF LIABILITY
Standard Workers'
Compensation & Employer's
Liability Including Occupations
Disease Coverage
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident,per employee for bodily injury or disease. If Bidder is self-insured, provide a certificate of Permission to Self-Insure, signed by the California Department of Industrial Relations and Self-Insurance.
Comprehensive General
Liability Insurance
$5,000,000 per occurrence for bodily injury, personal injury, property damage and products and completed operations;
product liability, contractor’s pollution liability. If Commercial General Liability Insurance orother form with a general aggregate liability is used, either the general aggregate limit shall apply separately to this product or the minimum required aggregate limit or be twice the required occurrence limit. Policy shall be endorsed to name the Agency as an additional
insured per the conditions detailed below.
ISO Form CG 20 10 (1/85) or its equivalent is required. The endorsement must not exclude products and completed
operations coverage. If it does, then CG 20 37 (10/01) is also required.
Comprehensive
Automobile Liability
Insurance
$5,000,000 per accident for bodily injury and property damage, to include automobile pollution liability. If the Bidder is subject to the Motor Carrier Act of 1980, Automobile Liability Policy must be endorsed to include MCS-90 Endorsement for
transportation of hazardous materials/waste/substances. If not, the policy shall be endorsed to include Transportation Pollution Liability Coverage to cover the materials
transported by the Bidder.
Umbrella/Excess Liability
Coverage
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Broad Form Contractors
Pollution Liability
Insurance
Same limits as Commercial General Liability.
Time Element Sudden and Accidental coverage will not be accepted.
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Rev. 2023-11-30
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by each Agency. At the option of each Agency, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Agency, its officers, officials, employees, and volunteers; or the Bidder shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Bidder is responsible for satisfaction of the deductible and/or self-insured retention for each los
Other Insurance Provisions
The required general liability and automobile liability policies are to contain, or be endorsed to contain the following provisions:
1. The Agency, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Bidder; products and completed operations of the Bidder; premises owned, occupied or used by the Bidder; or automobiles owned, leased, hired or borrowed by the Bidder. The coverage shall contain no special limitations on the scope of protection afforded to the Agencies, its officers, officials, employees, agents or volunteers.
2. For any claims related to this project, the Bidder’s insurance coverage shall be primary insurance as respects the Agencies, its officers, officials, employees, agents and volunteers.
Any insurance or self- insurance maintained by the Agencies, its officers, officials, employees, agents or volunteers shall be excess of the Bidder’s insurance and shall not contribute with it and in no way relieves the Bidder from its responsibility to provide insurance.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Agencies, its officers, officials, employees, agents or volunteers.
4. The Bidder’s insurance shall apply separately to each insured against whom claim is made or suit is brought except, with respect to the limits of the insurer’s liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the Agencies individually.
6. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the Agency. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in the Agency Agreement or (2) the full coverage and maximum limits of any insurance proceeds available to the Bidder, whichever is greater.
7. If an umbrella or excess insurance policy is used to satisfy the required limits of insurance, it shall be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of each Agency before the Agency’s own insurance shall be called upon to protect it as a named insured.
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Rev. 2023-11-30
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII.
Verification of Coverage
Bidder shall furnish the Agencies with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the Agency. All endorsements are to be received and approved by each individual Agency before work commences. As an alternative to Agency forms, the Bidder’s insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by the Agencies.
INDEMNIFICATION
To the maximum extent permitted by law, the successful Bidder shall, at its own expense, indemnify, defend with counsel acceptable to each North Bay Agency Chemical Pool participating Agency listed on the Standard Agreement for chemical requirements, (which acceptance will not be unreasonably withheld), and hold harmless each such participating Agency and its officers, officials, employees, agents and volunteers ("Indemnities") from and against any and all liability, loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, civil penalties and fines, expenses and costs (including, without limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature, whether actual, alleged or threatened, arising out of or in connection with the furnishing of chemicals by the successful Bidder pursuant to the Standard
Agreement or the successful Bidder’s failure to comply with any of the terms of the Standard Agreement, regardless of any fault or alleged fault of the Indemnitees.
The successful Bidder’s obligation to indemnify, defend and hold harmless under this provision shall not be excused because of the successful Bidder’s inability to evaluate Liability, or because the successful Bidder evaluates Liability and determines that the successful Bidder is not or may not be liable. The successful Bidder must respond within 30 calendar days to any tender for defense and indemnity by any participating Agency, unless the time for responding has been extended by an authorized representative of the participating Agency in writing. If the successful Bidder fails to accept tender of defense and indemnity within 30 calendar days, in addition to any other remedies authorized by law, so much of the money due or that may become due the successful Bidder under the Standard Agreement as shall reasonably be considered necessary by the participating Agency may be retained by the participating Agency until disposition has been made of the matter subject to tender, or until the successful Bidder accepts the tender, whichever occurs first.
The successful Bidder waives any and all rights to express or implied indemnity against the Indemnitees concerning any Liability of the successful Bidder arising out of or in connection with the furnishing of chemicals by the successful Bidder pursuant to the Standard Agreement or the successful Bidder’s failure to comply with any of the terms of the Standard Agreement.
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NORTH BAY AGENCY CHEMICAL POOL (NBACP) - PRIMARY CHEMICAL BID RESULTS MAY 8, 2024 FY 2024 - 2025
ALUM ACID ALUM 50%
NaOH
50%
NaOH 25% NaOH 25% NaOH LOX CO2 FERRIC
25%
SODIUM
BISULFITE
40%
SODIUM
BISULFITE
(Dry Ton) (Dry Ton) (Dry ton) (Dry ton) (Dry Ton) (Dry Ton) (CCF) lb (gallon) (gallon) (Dry Ton) (gallon) (gallon) (Dry Ton) (adjusted) Lb. Lb. (gallon) Full Full Full Short Full Short 100% 100% Full Short Full Short Full Full Full 100% 24% Full short tote Brenntag Pacific, Inc. $711.00 $832.00* $877.00 $1,015.00 $0.93 $1.20 $11.20 Dubois $2447.83* $587.48*
Chemtrade Chem $299.00 $499.00
Kemira $1,550.00
Pencco $1,440.00 $2,475.00 $594.00
Carus $0.78 $0.80 $12.5350
Nalco $1.05 $1.05 $3,760*
Linde Inc. $1.38 $0.16
Olin Corporation $3.10 $3.80
Heimburger & Company $2.1560 $2.7590
Sterling Water Tech $0.8603 $0.9638
$13.3860
Thatcher Co.of CA Inc $346.99 $568.85 $3,050.00 $2.49 $2.89 $7.89 $2.64 $8.99 $8.99 Univar Solutions $720.34 $960.00 $869.78 $1,394.00 $3.35 $4.05 $2.40 $3.00
FISCAL YEAR
FY 23-24 $304.00 $508.00 $868.00 $868.00 $1,008.00 $1,840.00 $1.38 $0.16 $2,650.00 $1.82 $2.79 $7.75 $1,397.00 $2.450 $2.845 $2,487.50 $597.00 $0.9384 $1.0279 $12.4721 FY 22-23 $386.00 $550.00 $742.12 $1,086.33 $885.70 $1,319.67 $1.15 $0.14 $1,800.00 $1.62 $1.80 $1,195.00 $1.795 $2,333.33 $560.00 $0.9900 $1.0900 $13.5600 FY 21-22 $266.00 $450.00 $402.99 $499.90 $1.05 $0.09 $1,185.00 $0.69 $0.8027 $900.00 $1.12 $2,226.09 $534.26 $0.4488 $0.4491 $27.0545 FY 20-21 $285.00 $375.00 $443.00 $567.00 $1.00 $0.07 $1,140.00 $0.70 $0.82 $810.00 $1.09 $1,604.35 $385.04 $5.5000 $5.7500 $6.5000 FY 19-20 $255.00 $297.70 $674.60 $762.55 $0.56 $0.26 $0.00 $850.00 $0.65 $0.65 $840.00 $1.05 $1,352.17 $325.50 FY 18-19 $255.00 $297.70 $674.60 $762.55 $0.26 $0.05 $0.00 $850.00 $0.65 $0.65 $756.00 $1.05 $1,352.17 $325.50 FY 17-18 $232.00 $257.00 $538.22 $630.88 $0.28 $0.05 $0.00 $800.00 $0.53 $0.59 $500.00 $1.03 $1,421.74 $341.22 FY 16-17 $229.00 $229.00 $395.00 $444.06 $0.27 $615.00 $645.00 $0.47 $0.57 $438.78 $0.94 $1,661.00 $398.64 FY 15-16 $204.00 $204.00 $399.13 $463.26 $0.28 $459.00 $462.00 $0.50 $0.57 $493.70 $0.89 $1,789.83 $429.56 FY 14-15 $184.00 $184.00 $445.00 $483.80 $0.27 $519.00 $555.00 $0.51 $0.58 $517.00 $0.91 $2,065.21 $495.65 FY 13-14 $277.60 $277.60 $452.00 $479.00 $0.24 $565.00 $540.00 $0.62 $0.50 $597.00 $0.75 $2,480.39 $595.29 FY 12-13 $398.00 $398.00 $475.00 $505.00 $0.21 $565.00 $540.00 $0.58 $0.48 No Bid $0.75 $2,550.00 $612.00 OrthopolyphosphateFLUORIDE
CHEMICAL VENDOR
LIQUID Cl2 (GAS)
(1-ton Cylinder)
12.5% NaOCl
55 gal drum
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May 10, 2024
To: North Bay Agency Chemical Pool (NBACP) Members
CC: Chemical Supplies
Re: Recommendation for Fiscal Year (FY) 2024-2025 Chemical Purchases Please find enclosed the bid summary of the FY 2024-2025 chemical bid solicitations for the NBACP.
Based on a meeting of NBACP members, the award of bids for the various chemicals for FY 2024-2025 is as follows providing the selected chemical supplier submits the appropriate insurance documents that meet the NBACP minimum insurance requirements by May 25, 2024:
Aluminum Sulfate, 48% Chemtrade Chemicals $299.00/DT Aluminum Sulfate (Acid), 35% Chemtrade Chemicals $499.00/DT Sodium Hydroxide, 50% (Full Load) Brenntag Pacific, Inc. $711.00/DT Sodium Hydroxide, 50% (Short Load) Univar Solutions $960.00/DT Sodium Hydroxide, 25% (Full Load) Univar Solutions $869.78/DT Sodium Hydroxide, 25% (Short Load) Brenntag Pacific, Inc. $1,015.00/DT Sodium Bisulfite, 25% Univar $2.40/Gal Sodium Bisulfite 40% Thatcher Co. of CA Inc. $2.64/Gal Liquid Chlorine Gas (1-ton Cylinder) Thatcher Co. of CA Inc. $3,050.00/ton Sodium Hypochlorite, 12.5% (Full load) Thatcher Co. of CA Inc. $2.49/Gal Sodium Hypochlorite, 12.5% (Short load) Thatcher Co. of CA Inc. $2.89/Gal Sodium Hypochlorite, 12.5% (55 gal Drum) Thatcher Co. of CA Inc. $7.89/Gal Hydrofluorosilicic acid, 100% Pencco $2,475.50/DT
Hydrofluorosilicic acid, 24% Pencco $594/DT
Ferric Chloride, 43% Pencco $1,440.00/DT Liquid Oxygen, 100% Linde $1.38/CCF
C a r b o n D i o x i d e L i n d e $ 0 . 1 6 / l b .
Orthopolyphosphate (Full load) Carus $0.78/lb.
Orthopolyphosphate (Short Load) Carus $0.80/lb.
Orthopolyphosphate (Tote) Nalco $3.76/Gal. 'RFXVLJQ(QYHORSH,'
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NBACP members will present these bids to their managers for acceptance. Purchase orders and contracts will be processed by each individual agency member to the respective chemical vendor prior to the onset of FY 2024-2025. If you have any further questions, please call me at 916-617-4863.
Sincerely,
_________________________
Kevin Jones, 2024-2025 NBACP Chairman
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Exhibit C
NBACP Bid General Requirements
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Exhibit D
Manufacture’s Information for Chemical(s)
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- 30 -
Sodium Hypochlorite – 12.5%
1. Chemical and Physical Properties: All Sodium Hypochlorite furnished under the contract shall conform to AWWA specification B300-18 and ANSI/NSF Standard 60 and be practically chemically pure, free of sediment and other deleterious, particulate matter:
Component Minimum Maximum Typical
Specific gravity at 20ºC 1.19 1.25
Available Chlorine 11.9% 14.9%
Sodium Hypochlorite, (% by wt) 12.5% 15.6%
F r e e A l k a l i ( a s N a O H ) 0 . 1 0 % 1 . 0 % I n s o l u b l e 0 . 1 5 %
Age of product at Delivery 3 Days
Contaminant Concentration Limit
Iron <2.0 mg/L
N i c k e l < 0 . 1 m g / L
C o p p e r < 0 . 2 m g / L
C o b a l t < 0 . 1 m g / L
M e r c u r y < 0 . 0 5 m g / L
Chlorate <2,500 mg/L
2. Documentation: The successful chemical supplier shall provide the documentation as specified and required under “Title 22 Code of Regulations, Division 4. Environmental Health, Chapter 16. California Waterworks Standards, Article 7. Additives, Section 64590. Direct Additives” to each member of the NBACP, prior to the start of the contract, for each chemical supplied.
3. Disclaimer: The chemicals shall contain nothing that will adversely affect the Agency’s public water supply or be injurious to the chemical’s feeding equipment. Sodium hypochlorite filtration limitation specifications for potable water require 1000 mL of the sodium hypochlorite product supplied under this contract shall pass through a 0.8-micron filter (Millipore, Type AA) under vacuum (25 inches Hg) within 30 minutes. Plant staff may conduct this test prior to accepting a delivery.
4. Training:The successful bidder will provide up to six (6) hours of safety training per year for each member Agency which requests it. Training will be three (3) sessions of two (2) hours each to accommodate shift rotations. Training will consist of safe handling of Sodium Hypochlorite and emergency response. The successful bidder may opt to provide Multi-media training material (PowerPoint, DVD, safety presentation handouts) in-lieu of on-site training.
5. Delivery Requirements: No deliveries will be accepted by an Agency unless the load is accompanied by a Certificate of Analysis (COA) for the specific batch or lot. The successful bidder shall email the following information to the receiving Agency, prior to each delivery:
a. Date of Delivery
b. Trucking Company name
c. Truck’s license plate number
d. Trailer’s license number, top seal number and base seal number e. Driver’s name
f. Driver’s License number and state of issuance
6. Laboratory Analysis: A COA shall be submitted for each delivery with charges for the COA included in the bid price. This analysis shall include the following information:
a. Date of manufacturing
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- 31 -
b. Location of manufacturing
c. Lot number of batch
d. Analysis date
e. Excess NaOH – Percent by weight and pounds per gallon f. Excess Na 2CO3 – Percent by weight and pounds per gallon g. Date of Certificate of Analysis
7. Measurement: Sodium Hypochlorite shall be measured by the gallon and calculated as follows:
Delivered Net Weight (lb) = gal of Sodium Hypochlorite
Specific Gravity
8. Payment: The contract unit price of Sodium Hypochlorite per gallon shall include all labor, tool, materials and full compensation to provide the contract item complete in place including, but not limited to the elements listed in the proposal description for the contract item.
Continued on next page
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- 32 -
9. Location and Quantity of Delivery:
NBACP Member Utility Address City/Zip Tank Size
(gal)
Forecast
Usage
(gal)
City of American Canyon
Water Treatment Plant 250 Kirkland Ranch Rd Napa 94558 2@2,600 35,000 Wastewater Treatment Plant 151 Mezzetta Court American Canyon 94503 1@3,000
&1 @960 30,000
City of Benicia
Wastewater Treatment Plant 614 East 5 th Street Benicia 94510 16,600 100,000 City of Calistoga
Water Treatment Plant 3522 Evey Road Calistoga 94515 2,000 4,000 Wastewater Treatment Plant 1100 Dunaweal lane Calistoga 94515 8,000 60,000 City of Davis
Wastewater Treatment Plant 45400 County Rd. Davis 95616 6,000 180,000 City of Fairfield
North Bay Regional WTP 5110 Waterworks Lane Fairfield 94533 35,000 240,000 Waterman WTP 2900 Vista Grande Fairfield 94534 20,000 60,000 City of West Sacramento
George Kristoff WTP 400 N. Harbor Blvd. West Sacramento 95605 2@8,000 125,000 City of Vacaville 6040 Vaca Station rd. Vacaville, Ca. 95625 4@12,300
2@4,759 400,000
City of Petaluma
Ellis Creek WRF 3890 Cypress Dr Petaluma 94954 39,000(6) 190,000 City of St. Helena 10,000/7 Drums
WWTP
Louis Stralla WTP 410 Crystal Springs Rd St. Helena 94574 4000 7,500/36 Drums City of Vallejo
Travis AFB WTP 383 Fairchild Drive Travis SFB 94535 5,000 28,000 Fleming Hill WTP 202 Fleming Hill Rd Vallejo 94589 2@15,000 12,000 Green valley WTP 4675 Green Valley Rd. Suisun 94585 1,700 Swanzy Reservoir 1 Swanzy Dam Rd. Vallejo 94589 1,000
Vallejo Sanitation & Flood
Control District 450 Ryder Street Vallejo 94590 2@10,500 200,000
City of Napa
Hennessey WTP 1000 Sage Canyon Rd. St. Helena 94574 13,500 108,000 Jameson Canyon WTP 270 Kirkland Ranch Rd. American Canyon 94503 3@8,450 132,000 Milliken WTP 630 Chaparral Circle Napa 94558 3,100 7,600
TOTAL
2,019,600 Gallons
44 55 Gallon Drums
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THATCHER COMPANY OF CALIFORNIA, INC. Phone (916) 389-2517 8625 Unsworth Avenue, Sacramento CA 95828 Fax (916) 389-2516
April 2024
Kevin Jones
North Bay Agency Chemical Pool Chair
Liquid Aluminum Sulfate
Thatcher Company of California, Inc.
8625 Unsworth Avenue
Sacramento, CA 95828
Liquid Aluminum Sulfate (Acidified)
Thatcher Company of California, Inc.
8625 Unsworth Avenue
Sacramento, CA 95828
Liquid Chlorine Gas
Chemtrade Electrochem Inc.
100 Amherst Avenue
North Vancouver BC, Canada
Sodium Hypochlorite 12.5%
Thatcher Company of California, Inc.
8625 Unsworth Avenue
Sacramento, CA 95828
Sodium Bisulfite 40%
Sacramento Ag Products, LLC
8625 Unsworth Avenue
Sacramento, CA 95828
TI-2903
Thatcher Company of California, Inc.
8625 Unsworth Avenue
Sacramento, CA 95828
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Cert ID: XCACIMYC
CERTIFICATE OF ACCREDITATION
The ANSI National Accreditation Board
Hereby attests that
UL LLC
333 Pfingsten Road, Northbrook, IL 60062, United States ACCREDITATION ID#0198
Fulfills the requirements of
ISO/IEC 17065:2012 Conformity assessment - Requirements for bodies certifying products, processes and services
LIST OF CERTIFICATION SCHEME(S)
US Safety Scheme
Equipment Sanitation Scheme
Water Systems Scheme
Accredited Elevator/Escalator Certification Organization (AECO): Elevator systems, subsystems, components, and functions for issuance of Certificates of Conformance and Marks according to ASME A17.7/CSA B44.
EPA WaterSense – WaterSense® Product Certification System This certificate is valid only when accompanied by a current scope of accreditation document. The current scope of accreditation can be verified at www.anab.org.
Lori Gillespie, Vice President, MVP SBU
Expiry Date: 2025-12-01
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KEY: UNLOCK
THATCHER COMPANY, INC.
1905 Fortune Rd, Salt Lake City, UT 84104
(801) 972-4587 PHONE
(801) 972-4606 FAX
CERTIFICATE OF COMPLIANCE
CHLORINE
This certificate is to certify that the listed lot of CHLORINE meets the specifications listed below:
Date: May 3, 2024
Lot Number:
Property Specification
Chlorine Assay (%) 99.5% Min
Certifications:
Product meets AWWA B-301 Specifications
CHLORINE
ANSI/NSF 60
<35Y2>
MUL = 30 mg/L
Thatcher Company, Inc
Authorized Signature
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LIQUID CHLORINE
General Sales Specification
Parameters Units Specification
Chlorine Volume % 99.5 Min.
Moisture ppm 50 Max.
Non-Volatile Residue ppm 50 Max.
Carbon Tetrachloride ppm 15 Max.
Chloroform ppm 50 Max.
Bromine ppm 25 Max.
Nitrogen Trichloride ppm 5 Max.
NOTES:
Meetsthe propertiesin AWWA Standard B301-10
Meetsthe propertiesin the latest edition of the Food Chemicals Codex(FCC) Cl2 Monograph.
Certified by NSF International to NSF/ANSI Standard 60 Drinking Water TreatmentChemicals for use at a maximumlevel of 30 mg/L.
IMPORTANT:
The information presented herein, while not guaranteed, was prepared by technical personnel and is true and accurate to the best of our knowledge. No warranty or guarantee, expressed or implied, is made regarding performance, stability or otherwise. This information is not intended to be all- inclusive as the manner and conditions of use, handling, storage and other factors may involve other or additional safety or performance considerations. While our technical personnel will be happy to respond to questions regarding safe handling and use procedures, safe handling and use remains the responsibility of the customer. No suggestions for use are intended as, and nothing shall be construed as, a recommendation to infringe any existing patents or to violate any Federal, State, Provincial and local laws.
Date Approved: October 2017 Chemtrade Electrochem Inc.
Revision Number: 2017-001 Customer Service Group
155 Gordon Baker Road
Toronto, Ontario
M2H 3N5
Phone: 1-866-640-1593/1-866-330-3772
File ID: LPSC/PSCR/Chlorine-10002017 Fax: (514) 640-4858 Certified to NSF/ANSI
Standard 60
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NSF International
Live Safer
TM
789 N. Dixboro Rd. Ann Arbor, MI 48105, USA
1-800.NSF.MARK | +1-734.769.8010 | www.nsf.org TEST REPORT FI20171201120037 A-00236286
This report shall not be reproduced, except in its entirety, without the written approval of NSF. This report does not represe nt NSF Certification or authorization to use the NSF Mark. Authorization to use the NSF Mark is limited to products appearing in the Company’s Official NSF Listing (www.nsf.org). The results relate only to those items tested, in the condition received at the laboratory.
144 - 4th Avenue Southwest
Calgary, Alberta T2P 3N4
Canada
Suite 2100
Mr. Matt Shewan
Send To: 07870
Thank you for having your product tested by NSF International.
Please contact your Project Manager if you have any questions or concerns pertaining to this report.
Report Authorization Date 01-DEC-2017
Amanda Phelka - Director, Toxicology Services
Result Report Date
Trade Designation
Project Number
Test Type
Project Manager
PASS
Chlorine | Liquid
W0376532
01-DEC-2017
Eleftheria Biers
Annual Collection
NSF/ANSI 60
Chlorine
Chemtrade Electrochem Inc.
100 Amherst Avenue
North Vancouver BC V7H 1S4
Canada
Facility: 07871
Customer Name Chemtrade Electrochem Inc.
Chemtrade Electrochem Inc.
Description
Tested To
This report documents the testing of the referenced product to the requirements of NSF/ANSI Standard 60 (Drinking Water Treatment Chemicals - Health Effects). This standard establishes minimum requirements for chemicals, the chemical contaminants, and impurities that are added to drinking water from drinking water treatment chemicals.
Contaminants produced as by-products through reaction of the treatment chemical with a constituent of the drinking water are not covered by this Standard. Reference the "About the Standard" section at the end of this report for additional information about NSF/ANSI Standard 60 and the products covered under this Standard.
Job Number A-00236286
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FI20171201120037 A-00236286
This report shall not be reproduced, except in its entirety, without the written approval of NSF. This report does not represe nt NSF Certification or authorization to use the NSF Mark. Authorization to use the NSF Mark is limited to products appearing in the Company’s Official NSF Listing (www.nsf.org). The results relate only to those items tested, in the condition received at the laboratory.
Tox Normalization Information:
Calculated NF
Preparation method used
MUL
0.0075
E
30 mg/L
Lab Normalization Information:
Weight of chlorine
Weight of water
4.1 g
1026.4 g
Testing Parameter Sample Control Result Norm.
Result
Units
Dichlorodifluoromethane
Chloromethane
Vinyl Chloride
Bromomethane
Chloroethane
Trichlorofluoromethane
Trichlorotrifluoroethane
Methylene Chloride
1,1-Dichloroethylene
trans-1,2-Dichloroethylene
1,1-Dichloroethane
2,2-Dichloropropane
cis-1,2-Dichloroethylene
Chloroform
Bromochloromethane
1,1,1-Trichloroethane
1,1-Dichloropropene
0.3 3
0.2 1
0.04 50
0.3 0.5
0.7 10
0.3 7
[TTHM]
0.3 20
Chemistry Lab
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
ND(5)
ND(50)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(50)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(0.04)
ND(0.38)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
Normalization Calculation:
Weight of Water Collected (g)
Weight of Chlorine Collected (g)
1 L 1g
3 3Normalized Result = Test Result (ug/L) * NF 10 g 10 mg* * 33 Where NF = MUL(mg/L) *
Acceptance
Criteria(1)
Evaluation
Status
Volatile Organic Compounds (Ref: EPA 524.2)
Compound Reference Key: SPAC
Sample Id: S-0001437503
Description: Chlorine | Liquid
Sampled Date: 16-Nov-2017
Received Date: 16-Nov-2017
General Information
Standard: NSF/ANSI 60
Chemical Name: Chlorine
DCC Number: DA00930
Maximum Use Level: 30 mg/L
Monitor Code: A
Physical Description of Sample: Liquid
Trade Designation/Model Number: Chlorine
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FI20171201120037 A-00236286
This report shall not be reproduced, except in its entirety, without the written approval of NSF. This report does not represe nt NSF Certification or authorization to use the NSF Mark. Authorization to use the NSF Mark is limited to products appearing in the Company’s Official NSF Listing (www.nsf.org). The results relate only to those items tested, in the condition received at the laboratory.
Testing Parameter Sample Control Result Norm.
Result
Units
Carbon Tetrachloride
1,2-Dichloroethane
Trichloroethylene
1,2-Dichloropropane
Bromodichloromethane
Dibromomethane
cis-1,3-Dichloropropene
trans-1,3-Dichloropropene
1,1,2-Trichloroethane
1,3-Dichloropropane
Tetrachloroethylene
Chlorodibromomethane
Chlorobenzene
1,1,1,2-Tetrachloroethane
Bromoform
1,1,2,2-Tetrachloroethane
1,2,3-Trichloropropane
1,3-Dichlorobenzene
1,4-Dichlorobenzene
1,2-Dichlorobenzene
Carbon Disulfide
Methyl-tert-Butyl Ether (MTBE)
tert-Butyl ethyl ether
Methyl Ethyl Ketone
Methyl Isobutyl Ketone
Toluene
Ethyl Benzene
m+p-Xylenes
o-Xylene
Styrene
Isopropylbenzene (Cumene)
n-Propylbenzene
Bromobenzene
2-Chlorotoluene
4-Chlorotoluene
1,3,5-Trimethylbenzene
tert-Butylbenzene
1,2,4-Trimethylbenzene
0.5 0.5
0.5 0.5
[TTHM]
0.2 0.2
0.3 0.5
[TTHM]
10 1
[TTHM]
0.2 4
60 7.5
60 70
10 2000
400
700
100
70 [Xylenes]
[Xylenes]
10 70
0.3 10
Chemistry Lab ( Continued )
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(10)
ND(5)
ND(5)
ND(50)
ND(50)
ND(5)
ND(5)
ND(10)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(10)
ND(5)
ND(5)
ND(50)
ND(50)
ND(5)
ND(5)
ND(10)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.075)
ND(0.04)
ND(0.04)
ND(0.38)
ND(0.38)
ND(0.04)
ND(0.04)
ND(0.075)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
Acceptance
Criteria(1)
Evaluation
Status
Sample Id: S-0001437503
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FI20171201120037 A-00236286
This report shall not be reproduced, except in its entirety, without the written approval of NSF. This report does not represe nt NSF Certification or authorization to use the NSF Mark. Authorization to use the NSF Mark is limited to products appearing in the Company’s Official NSF Listing (www.nsf.org). The results relate only to those items tested, in the condition received at the laboratory.
Testing Parameter Sample Control Result Norm.
Result
Units
sec-Butylbenzene
p-Isopropyltoluene (Cymene)
1,2,3-Trimethylbenzene
n-Butylbenzene
1,2,4-Trichlorobenzene
Hexachlorobutadiene
1,2,3-Trichlorobenzene
Naphthalene
Benzene
Total Trihalomethanes
Total Xylenes
0.3 7
0.4 10
0.5 8
1000
Chemistry Lab ( Continued )
Pass
Pass
Pass
Pass
Pass
Pass
Pass
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(0.5)
ND(0.5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(5)
ND(0.5)
ND(0.5)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.04)
ND(0.004)
ND(0.004)
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
ug/L
Acceptance
Criteria(1)
Evaluation
Status
1 - If the acceptance criteria is blank and the evaluation status is "Fail", then the criteria used will be noted on the letter accompanying these results. [Xylenes] - Acceptance based on Total Xylenes
[TTHM] - Acceptance based on Total Trihalomethanes
Sample Id: S-0001437503
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FI20171201120037 A-00236286
This report shall not be reproduced, except in its entirety, without the written approval of NSF. This report does not represe nt NSF Certification or authorization to use the NSF Mark. Authorization to use the NSF Mark is limited to products appearing in the Company’s Official NSF Listing (www.nsf.org). The results relate only to those items tested, in the condition received at the laboratory.
NSF Reference Parameter / Test Description
----------------------------
----------------------------------------------------------------------------------------------------------------- C4662 Volatile Organic Compounds (Ref: EPA 524.2)
Id
--------------
Address
------------------------------------------------------------ All work performed at:
NSF International
789 N. Dixboro Road
Ann Arbor MI 48105
NSF_AA
Test descriptions preceded by an asterisk “*” indicate that testing has been performed per NSF International requirements but is not within its scope of accreditation.
------------------------
Sample....................
Control....................
Result.....................
Normalized Result...
ND()........................
DCC Number...........
ug/L........................
SPAC......................
Test result on the submitted product sample after prepared or exposed in accordance with the standard.
Test result on a laboratory blank sample analyzed in parallel with the sample.
Sample test result minus the Control test result.
Result normalized in accordance with the test standard to reflect potential at-the-tap concentrations Result is below the detection level of the analytical procedure as identified in the parenthesis.
NSF document control code of the registered formulation of the product tested Microgram per liter = 0.001 milligram per liter (mg/L)
Acceptance criteria of the standard (Single Product Allowable Concentration) 'RFXVLJQ(QYHORSH,'
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This report shall not be reproduced, except in its entirety, without the written approval of NSF. This report does not represe nt NSF Certification or authorization to use the NSF Mark. Authorization to use the NSF Mark is limited to products appearing in the Company’s Official NSF Listing (www.nsf.org). The results relate only to those items tested, in the condition received at the laboratory.
NSF/ANSI Standard 60: Drinking Water Treatment Chemicals - Health Effects NSF/ANSI 60 establishes minimum health effects requirements for the chemicals, the chemical contaminants, and the impurities that are directly added to drinking water from drinking water treatment chemicals. It does not establish performance or taste and odor requirements. The standard contains requirements for chemicals that are directly added to water and are intended to be present in the finished water as well as other chemical products that are added to water but are not intended to be present in the finished water. Chemicals covered by this Standard include, but are not limited to, coagulation and flocculation chemicals, softening, precipitation, sequestering, pH adjustment, and corrosion/scale control chemicals, disinfection and oxidation chemicals, miscellaneous treatment chemicals, and miscellaneous water supply chemicals.
The testing performed to this standard is done to estimate the level of contaminants or impurities added to drinking water when the chemical is used at the "Maximum Use Level" under attestment. Prior to testing, information is obtained on the formulation and sources of supply used to manufacture the chemical. This information is then reviewed along with the minimum requirements of the standard to establish the potential contaminants of concern. A representative sample of chemical is obtained for testing. The chemical sample is prepared for analysis through specific methods established in the standard based on the type of chemical and then is analyzed for potential contaminants determined during the formulation review. The laboratory results are normalized to represent potential at-the-tap values and then compared to the "single product allowable concentration" (SPAC) established by the standard.
The product is found in compliance with the standard if the normalized value is less than or equal to the allowable concentration. 'RFXVLJQ(QYHORSH,'
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Conforms to HCS 2012 - United States and Canada WHMIS 2015
SAFETY DATA
SHEET
Chlorine
GHS product identifier : Chlorine
Chemical name : Chlorine
Code : 0007
Other means of
identification
Product type
: Not available.
: Liquid.
Relevant identified uses of the substance or mixture and uses advised against Identified uses : Pulp bleaching, water treatment, manufacture of plastics, organic and inorganic chlorides, refrigerants and pharmaceuticals.
Supplier's details : Chemtrade Electrochem Inc. Chemtrade Logistics Inc. 100 Amherst Ave Suite 300, 155 Gordon Baker Road
North Vancouver, British Columbia Toronto, Ontario
V7H 1S4, CA M2H 3N5, CA
Emergency #: (604)-929-3441 Phone: (416)-496-5856
Toll free: 1-800-699-6924
Emergency telephone
number (with hours of
operation)
: CANUTEC: +1-613-996-6666 or *666 (cellular)
2-C-0808
CHEMTREC, U.S.: 1-800-424-9300 International: +1-703-527-3887 CCN 15610
OSHA/HCS status : This material is considered hazardous by the OSHA HazardCommunication Standard (29 CFR 1910.1200).
Classification of the
substance or mixture
: OXIDIZING GASES - Category 1
GASES UNDER PRESSURE - Compressed gas
ACUTE TOXICITY (inhalation) - Category 3
SKIN IRRITATION - Category 2
EYE IRRITATION - Category 2A
SPECIFIC TARGET ORGAN TOXICITY (SINGLE EXPOSURE) (Respiratory tract irritation) - Category 3
AQUATIC HAZARD (ACUTE) - Category 1
AQUATIC HAZARD (LONG-TERM) - Category 1
GHS label elements
Hazard pictograms :
Signal word : Danger
Section 1. Identification
Section 2. Hazards identification
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Chlorine
Section 2. Hazards identification
Hazard statements : H270 - May cause or intensify fire; oxidizer.
H280 - Contains gas under pressure; may explode if heated.
H331 - Toxic if inhaled.
H319 - Causes serious eye irritation.
H315 - Causes skin irritation.
H335 - May cause respiratory irritation.
H410 - Very toxic to aquatic life with long lasting effects.
Precautionary statements
Prevention : P280 - Wear protective gloves. Wear eye or face protection.
P284 - Wear respiratory protection.
P220 - Keep away from clothing, incompatible materials and combustible materials.
P244 - Keep reduction valves free from grease and oil.
P271 - Use only outdoors or in a well-ventilated area.
P273 - Avoid release to the environment.
P260 - Do not breathe vapor.
P264 - Wash hands thoroughly after handling.
P270 - Do not eat, drink or smoke when using this product.
Response : P391 - Collect spillage.
P370 + P376 - In case of fire: Stop leak if safe to do so.
P304 + P340 + P310 - IF INHALED: Remove victim to fresh air and keep at rest in a position comfortable for breathing. Immediately call a POISON CENTER or physician.
P302 + P352 + P362-2 + P363 - IF ON SKIN: Wash with plenty of soap and water. Take off contaminated clothing. Wash contaminated clothing before reuse.
P332 + P313 - If skin irritation occurs: Get medical attention.
P305 + P351 + P338 - IF IN EYES: Rinse cautiously with water for several minutes.
Remove contact lenses, if present and easy to do. Continue rinsing.
P337 + P313 - If eye irritation persists: Get medical attention.
P301 + P330 - if swallowed rinse mouth
P331 - Do not induce vomiting. Seek medical advice.
Storage : P405 - Store locked up.
P410 - Protect from sunlight.
P403 - Store in a well-ventilated place.
Disposal : P501 - Dispose of contents and container in accordance with all local, regional, national and international regulations.
Other hazards which do not
result in classification/
HHNOC/PHNOC
: None known.
Substance/mixture : Substance
Chemical name : Chlorine
Other means of
identification
: Not available.
CAS number/other identifiers
CAS number : 7782-50-5
Product code : 0007
Ingredient name % CAS number
Chlorine >99 7782-50-5
Any concentration shown as a range is to protect confidentiality or is due to batch variation.
Section 3. Composition/information on ingredients
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Chlorine
Section 3. Composition/information on ingredients
There are no additional ingredients present which, within the current knowledge of the supplier and in the concentrations applicable, are classified as hazardous to health or the environment and hence require reporting in this section.
Occupational exposure limits, if available, are listed in Section 8.
Description of necessary first aid measures
Eye contact
Inhalation
Skin contact
: Immediately flush eyes with plenty of lukewarm water, occasionally lifting the upper and lower eyelids. Check for and remove any contact lenses. Continue to rinse for at least 30 minutes. Get medical attention.
: Remove victim to fresh air and keep at rest in a position comfortable for breathing. If it is suspected that fumes are still present, the rescuer should wear an appropriate mask or self-contained breathing apparatus. If not breathing, if breathing is irregular or if respiratory arrest occurs, provide artificial respiration or oxygen by trained personnel. It may be dangerous to the person providing aid to give mouth-to-mouth resuscitation.
Get medical attention. If necessary, call a poison center or physician. If unconscious, place in recovery position and get medical attention immediately. Maintain an open airway. Loosen tight clothing such as a collar, tie, belt or waistband. : Flush contaminated skin with plenty of lukewarm water. Continue to rinse for at least 30 minutes. Get medical attention. Wash clothing before reuse. Clean shoes thoroughly before reuse.
Ingestion : Wash out mouth with water. Remove dentures if any. Remove victim to fresh air and keep at rest in a position comfortable for breathing. If material has been swallowed and the exposed person is conscious, give small quantities of water to drink. Stop if the exposed person feels sick as vomiting may be dangerous. Do not induce vomiting unless directed to do so by medical personnel. If vomiting occurs, the head should be kept low so that vomit does not enter the lungs. Get medical attention. Never give anything by mouth to an unconscious person. If unconscious, place in recovery position and get medical attention immediately. Maintain an open airway. Loosen tight clothing such as a collar, tie, belt or waistband.
Most important symptoms/effects, acute and delayed
Potential acute health effects
Eye contact : Causes serious eye irritation.
Inhalation : Fatal if inhaled. May cause respiratory irritation. May cause lung edema. Symptoms can be delayed.
Immediately dangerous to life or health: 10ppm.
Skin contact : Causes skin irritation.
Ingestion : Irritating to mouth, throat and stomach.
Over-exposure signs/symptoms
Eye contact : Adverse symptoms may include the following:
pain or irritation
watering
redness
Inhalation : Adverse symptoms may include the following:
respiratory tract irritation
coughing
unconsciousness
shortness of breath
headache
nausea or vomiting
may cause lung damage
Fatal if inhaled.
Section 4. First aid measures
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Chlorine
Section 4. First aid measures
Skin contact
Ingestion
Irritation threshold: approximately 0.5 ppm
Immediately dangerous to life or health: 10 ppm
: Adverse symptoms may include the following:
irritation
redness
: Not the normal route of exposure, causes digestive tract burns.
Indication of immediate medical attention and special treatment needed, if necessary Notes to physician : Treat symptomatically. Contact poison treatment specialist immediately if large quantities have been ingested or inhaled. In case of shortness of breath, give oxygen.
Keep victim warm. Keep victim under observation. Symptoms may be delayed. Ensure that medical personnel are aware of the material(s) involved, and take precautions to protect themselves. Wash contaminated clothing before reuse.
Specific treatments : No specific treatment.
Protection of first-aiders : No action shall be taken involving any personal risk or without suitable training. If it is suspected that fumes are still present, the rescuer should wear an appropriate mask or self-contained breathing apparatus. It may be dangerous to the person providing aid to give mouth-to-mouth resuscitation.
See toxicological information (Section 11)
Extinguishing media
Suitable extinguishing
media
Unsuitable extinguishing
media
: Use an extinguishing agent suitable for the surrounding fire. : Direct water spray. Reacts with water. No water should be sprayed onto a leaking cylinder as spraying of water onto it promotes corrosion at the point of leakage as well as increasing the evaporation rate of chlorine.
Specific hazards arising
from the chemical
Hazardous thermal
decomposition products
: Oxidizing material. This material increases the risk of fire and may aid combustion.
Contact with combustible material may cause fire. This material is very toxic to aquatic life with long lasting effects. Fire water contaminated with this material must be contained and prevented from being discharged to any waterway, sewer or drain.
Contact with reactive metals e.g. aluminum, zinc and tin may result in the generation of flammable hydrogen. Water used for fire extinquishing, which has been in contact with the product, maybe corrosive. Water spray on active leak may promote accelerated corrosion of container and accelerate leakage. Risk of fire and explosion when in contact with combustible substances, ammonia and finely divided metals. : Decomposition products may include the following materials:
halogenated compounds
Special protective actions
for fire-fighters
Special protective
equipment for fire-fighters
: Move containers from fire area if this can be done without risk. Use water spray to keep fire-exposed containers cool. Evacuate area, In case of fire or explosion do not breathe fumes. Cylinders can burst violently when heated, due to excess pressure build up. : Fire-fighters should wear appropriate protective equipment and self-contained breathing apparatus (SCBA) with a full face-piece operated in positive pressure mode. Wear full protective clothing, including helmet, self-contained positive pressure or pressure demand breathing apparatus, protective clothing and face mask. Additional protective clothing must be worn to prevent personal contact with this material. Those items include but are not limited to: boots, gloves, hard hat, splash-proof goggles, full face shield and impervious clothing (i.e. chemically impermeable suit).
Section 5. Fire-fighting measures
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Chlorine
Section 6. Accidental release measures
Personal precautions, protective equipment and emergency procedures For non-emergency
personnel
: No action shall be taken involving any personal risk or without suitable training.
Evacuate surrounding areas. Keep unnecessary and unprotected personnel from entering. Do not touch or walk through spilled material. Shut off all ignition sources. No flares, smoking or flames in hazard area. Do not breathe vapor or mist. Provide adequate ventilation. Wear appropriate respirator when ventilation is inadequate. Put on appropriate personal protective equipment. Ventilate enclosed areas to prevent formation of toxic, flammable or oxygen deficient atmospheres. Many gases are heavier than air and will spread along ground and collect in low or confined areas (basements, sewers, tanks).
For emergency responders : If specialized clothing is required to deal with the spillage, take note of any information in Section 8 on suitable and unsuitable materials. See also the information in "For non- emergency personnel". For response to chlorine gas it is recommended to use as a minimum level "B" protection that is compatible to chlorine. For liquid spills it is recommended to utilize as a minimum enhanced level "B" (Enhanced Level "B" is the addition of a splash hood)/ Do not touch damaged containers or spilled materials unless wearing appropriate protective clothing. Responders can reference Chlorine Institute pamphlet #65 on PPE.
Environmental precautions : Avoid dispersal of spilled material and runoff and contact with soil, waterways, drains and sewers. Inform the relevant authorities if the product has caused environmental pollution (sewers, waterways, soil or air). Water polluting material. May be harmful to the environment if released in large quantities. Collect spillage. Neutralize spilled material and collect spillage.
Methods and materials for containment and cleaning up
Spill : Stop leak if without risk. Move containers from spill area. Use spark-proof tools and explosion-proof equipment. Approach release from upwind. Prevent entry into sewers, water courses, basements or confined areas. Wash spillages into an effluent treatment plant or proceed as follows. Contain and collect spillage with non-combustible, absorbent material e.g. sand, earth, vermiculite or diatomaceous earth and place in container for disposal according to local regulations (see Section 13). Dispose of via a licensed waste disposal contractor. Contaminated absorbent material may pose the same hazard as the spilled product. Note: see Section 1 for emergency contact information and Section 13 for waste disposal.
Precautions for safe handling
Protective measures :
Advice on general :
occupational hygiene
Put on appropriate personal protective equipment (see Section 8). Do not get in eyes or on skin or clothing. Do not breathe vapor or mist. Do not ingest. Avoid release to the environment. Use only with adequate ventilation. Wear appropriate respirator when ventilation is inadequate. Keep in the original container or an approved alternative made from a compatible material, kept tightly closed when not in use. Keep away from clothing, incompatible materials and combustible materials. Keep reduction valves free from grease and oil. Empty containers retain product residue and can be hazardous.
Do not reuse container. Use only chlorine-compatible lubricants. Use in a sealed system and/or a well-ventilated area. Observe good hygiene practices.
Eating, drinking and smoking should be prohibited in areas where this material is handled, stored and processed. Workers should wash hands and face before eating, drinking and smoking. See also Section 8 for additional information on hygiene measures. Remove contaminated clothing and protective equipment before entering eating areas.
Section 7. Handling and storage
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Chlorine
Section 7. Handling and storage
Conditions for safe storage,
including any
incompatibilities
: Store in accordance with local regulations. Store in original container protected from direct sunlight in a dry, cool and well-ventilated area, away from incompatible materials (see Section 10) and food and drink. Protect from sunlight. Store locked up. Separate from reducing agents and combustible materials. Keep container tightly closed and sealed until ready for use. Containers that have been opened must be carefully resealed and kept upright to prevent leakage. Do not store in unlabeled containers.
Use appropriate containment to avoid environmental contamination. Contents under pressure. Store at temperatures not exceeding 51
ºC/123.8ºF
Control parameters
United States
Occupational exposure limits
Ingredient name Exposure limits
Chlorine ACGIH TLV (United States, 3/2016).
TWA: 0.5 ppm 8 hours.
TWA: 1.5 mg/m³ 8 hours.
STEL: 1 ppm 15 minutes.
STEL: 2.9 mg/m³ 15 minutes.
NIOSH REL (United States, 10/2013).
CEIL: 0.5 ppm 15 minutes.
CEIL: 1.45 mg/m³ 15 minutes.
OSHA PEL (United States, 6/2016).
CEIL: 1 ppm
CEIL: 3 mg/m³
Canada
Occupational exposure limits
Ingredient name Exposure limits
Chlorine CA Alberta Provincial (Canada, 4/2009).
15 min OEL: 2.9 mg/m³ 15 minutes.
8 hrs OEL: 1.5 mg/m³ 8 hours.
8 hrs OEL: 0.5 ppm 8 hours.
15 min OEL: 1 ppm 15 minutes.
CA British Columbia Provincial (Canada, 5/2015).
TWA: 0.5 ppm 8 hours.
STEL: 1 ppm 15 minutes.
CA Ontario Provincial (Canada, 7/2015).
TWA: 0.5 ppm 8 hours.
STEL: 1 ppm 15 minutes.
CA Quebec Provincial (Canada, 1/2014).
TWAEV: 0.5 ppm 8 hours.
TWAEV: 1.5 mg/m³ 8 hours.
STEV: 1 ppm 15 minutes.
STEV: 2.9 mg/m³ 15 minutes.
CA Saskatchewan Provincial (Canada, 7/2013).
STEL: 1 ppm 15 minutes.
TWA: 0.5 ppm 8 hours.
Appropriate engineering
controls
Environmental exposure
controls
: Use only with adequate ventilation. Use process enclosures, local exhaust ventilation or other engineering controls to keep worker exposure to airborne contaminants below any recommended or statutory limits. Eyewash facilities and emergency shower must be available when handling this product.
: Emissions from ventilation or work process equipment should be checked to ensure they comply with the requirements of environmental protection legislation.
Individual protection measures
Section 8. Exposure controls/personal protection
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Section 8. Exposure controls/personal protection
Hygiene measures : Wash hands, forearms and face thoroughly after handling chemical products, before eating, smoking and using the lavatory and at the end of the working period.
Appropriate techniques should be used to remove potentially contaminated clothing.
Wash contaminated clothing before reusing. Ensure that eyewash stations and safety showers are close to the workstation location.
Eye/face protection
Skin protection
Hand protection
Body protection
: Safety eyewear complying with an approved standard should be used when a risk assessment indicates this is necessary to avoid exposure to liquid splashes, mists, gases or dusts. If contact is possible, the following protection should be worn, unless the assessment indicates a higher degree of protection: Chemical goggles/face shield are recommended.
: Chemical-resistant, impervious gloves complying with an approved standard should be worn at all times when handling chemical products if a risk assessment indicates this is necessary. Considering the parameters specified by the glove manufacturer, check during use that the gloves are still retaining their protective properties. It should be noted that the time to breakthrough for any glove material may be different for different glove manufacturers. In the case of mixtures, consisting of several substances, the protection time of the gloves cannot be accurately estimated. : Personal protective equipment for the body should be selected based on the task being performed and the risks involved and should be approved by a specialist before handling this product. Wear appropriate chemical resistant clothing.
Other skin protection : Appropriate footwear and any additional skin protection measures should be selected based on the task being performed and the risks involved and should be approved by a specialist before handling this product. Wear appropriate thermal protective clothing when necessary.
Respiratory protection : Based on the hazard and potential for exposure, select a respirator that meets the appropriate standard or certification. Respirators must be used according to a respiratory protection program to ensure proper fitting, training, and other important aspects of use.
Appearance
Physical state
Color
Odor
Odor threshold
pH
Melting point
: Liquid. [Compressed gas.]
: Amber liquid or greenish-yellow gas.
: Pungent.
: <1 ppm
: Reacts with water to product acidic solutions.
: -101°C (-149.8°F)
Boiling point : -34ºC(-29.2ºF)
Flash point
Evaporation rate
: Not applicable.
: Not available.
Flammability (solid, gas) : Not applicable.
Lower and upper explosive
(flammable) limits
: Not applicable.
Vapor pressure
Vapor density
Relative density
Solubility
: 638.4 kPa (4788.4 mm Hg) [room temperature]
: 2.5 [Air = 1]
: 2.5
: Not available.
Solubility in water : 7.41 g/l
Section 9. Physical and chemical properties
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Section 9. Physical and chemical properties
Partition coefficient: n-
octanol/water
Auto-ignition temperature
: Not available.
: Not applicable.
Decomposition temperature : Not available.
Viscosity : Dynamic (room temperature): 0.01 mPa·s (0.01 cP) Reactivity : No specific test data related to reactivity available for this product or its ingredients.
Contact with combustible material may cause fire.
Chemical stability : This product is stable under normal conditions.
Possibility of hazardous
reactions
: Under normal conditions of storage and use, hazardous reactions will not occur.
Conditions to avoid : Keep away from heat, sparks and open flame. Heat may cause the cylinders to explode.
Incompatible materials : Reacts violently with many organic compounds, ammonia, hydrogen and finely divided metals causing fire and explosion hazard. Attacks many metals in presence of water.
Attacks plastic, rubber and coatings. Chlorine is corrosive to most metals in the presence of moisture (>150 ppm water) or at high temperature. Combines with water to produce hydrochloric and hypochlorous acid. Chlorine reacts with carbon monoxide to produce toxic phosgene, and sulphur dioxide to produce sulfuryl chloride.
Hazardous decomposition
products
: Hydrogen Chloride, Hydrochloric Acids, Hypochlorous Acid.
Information on toxicological effects
Acute toxicity
Product/ingredient name Result Species Dose Exposure
Chlorine LC50 Inhalation Gas. Rat 293 ppm 1 hours
Irritation/Corrosion
There is no data available.
Sensitization
There is no data available.
Mutagenicity
There is no data available.
Carcinogenicity
Classification
Product/ingredient name OSHA IARC NTP ACGIH EPA NIOSH
Chlorine --- A4 --
Reproductive toxicity
There is no data available.
Teratogenicity
There is no data available.
Section 11. Toxicological information
Section 10. Stability and reactivity
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Chlorine
Section 11. Toxicological information
Specific target organ toxicity (single exposure)
Name Category Route of
exposure
Target organs
Chlorine Category 3 Not applicable. Respiratory tract irritation Specific target organ toxicity (repeated exposure)
There is no data available.
Aspiration hazard
There is no data available.
Information on the likely
routes of exposure
Potential acute health effects
: Dermal contact. Eye contact. Inhalation. Ingestion.
Eye contact : Causes serious eye irritation.
Inhalation : Fatal if inhaled. May cause respiratory irritation. May cause lung edema.Symptoms can be delayed.
Immediately dangerous to life or health: 10ppm.
Skin contact : Causes skin irritation.
Ingestion : Irritating to mouth, throat and stomach.
Symptoms related to the physical, chemical and toxicological characteristics Eye contact : Adverse symptoms may include the following:
pain or irritation
watering
redness
Inhalation
Skin contact
Ingestion
: Adverse symptoms may include the following:
respiratory tract irritation
coughing
unconsciousness
shortness of breath
headache
nausea or vomiting
may cause lung damage
Fatal if inhaled.
Irritation threshold: approximately 0.5 ppm
Immediately dangerous to life or health: 10 ppm
: Adverse symptoms may include the following:
irritation
redness
: Not the normal route of exposure, causes digestive tract burns.
Delayed and immediate effects and also chronic effects from short and long term exposure Short term exposure
Potential immediate
effects
: Coughing, shortness of breath, headache, nausea or vomitting.
Potential delayed effects : Symptoms of Pulmonary edema may be delayed.
Long term exposure
Potential immediate
effects
: Shortness of breath, coughing
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Chlorine
Section 11. Toxicological information
Potential delayed effects : May cause damage to organs (lungs) through prolonged or repeatedexposure.
Repeated exposures at low levels may cause pulmonary impairment. May also increase the likelihood of respiratory disorders.
Potential chronic health effects
General :
Carcinogenicity :
Mutagenicity :
Teratogenicity :
No known significant effects or critical hazards.
No known significant effects or critical hazards.
No known significant effects or critical hazards.
No known significant effects or critical hazards.
Developmental effects : No known significant effects or critical hazards.
Fertility effects : No known significant effects or critical hazards.
Numerical measures of toxicity
Acute toxicity estimates
There is no data available.
Toxicity
Product/ingredient name Result Species Exposure
Chlorine Acute EC50 5.1 ppm Marine water
Acute EC50 930000 μg/L Fresh water
Acute LC50 2.03 μg/L Fresh water
Acute LC50 30 μg/L Fresh water
Acute LC50 14 μg/L Fresh water
Algae - Macrocystis pyrifera - Young
Aquatic plants - Lemna minor
Crustaceans - Asellus racovitzai
Daphnia - Daphnia pulex
Fish - Oncorhynchus mykiss
4 days
4 days
2 days
48 hours
96 hours
Persistence and degradability
There is no data available.
Bioaccumulative potential
There is no data available.
Mobility in soil
Soil/water partition
coefficient (KOC)
: Not applicable.
Other adverse effects : No known significant effects or critical hazards.
Disposal methods : The generation of waste should be avoided or minimized wherever possible. Disposal of this product, solutions and any by-products should comply with the requirements of environmental protection and waste disposal legislation and any regional local authority requirements. Dispose of surplus and non-recyclable products via a licensed waste disposal contractor. Waste should not be disposed of untreated to the sewer unless fully compliant with the requirements of all authorities with jurisdiction. Waste packaging should be recycled. Incineration or landfill should only be considered when recycling is not feasible.
This material and its container must be disposed of in a safe way. Care should be taken when handling empty containers that have not been cleaned or rinsed out. Empty containers or liners may retain some product residues. Avoid dispersal of spilled material and runoff and contact with soil, waterways, drains and sewers. Follow label warnings even after cylinder is emptied.
Section 12. Ecological information
Section 13. Disposal considerations
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Chlorine
Section 13. Disposal considerations
Section 14. Transport information
DOT TDG IMDG IATA
UN number UN1017 UN1017 UN1017 UN1017
UN proper
shipping name
CHLORINE. Marine pollutant
(Chlorine) RQ
CHLORINE. Marine pollutant
(Chlorine)
CHLORINE. Marine pollutant
(Chlorine)
CHLORINE
Transport
hazard class(es)
2.3 (5.1, 8) 2.3 (5.1, 8) 2.3 (5.1, 8) 2.3 (5.1, 8)
Packing group -- - -
Environmental Yes. Yes. Yes. Yes. The
hazards environmentally
hazardous substance
mark is not required.
Additional
information
Toxic - Inhalation hazard Zone
B
Product classified as per the
following sections of the
Transportation of Dangerous
The marine pollutant mark is
not required when transported
The environmentally
hazardous substance mark
may appear if required by
This product is not regulated Goods Regulations: 2.13-2.17 other transportation as a marine pollutant when (Class 2), 2.23-2.25 (Class 5), regulations. transported on inland 2.40-2.42 (Class 8), 2.7 Passenger and Cargo (Marine pollutant mark). Aircraft Quantity limitation:
Forbidden
air in non-bulk sizes, provided The marine pollutant mark is Cargo Aircraft Only Quantity the packagings meet the not required when transported limitation: Forbidden general provisions of §§ 173. by road or rail.
24 and 173.24a.
Special provisions
Reportable quantity 102
10 lbs / 4.54 kg [0.47974 gal /
1.816 L]
Package sizes shipped in
quantities less than the
product reportable quantity are
not subject to the RQ
(reportable quantity)
transportation requirements.
Limited quantity
Yes.
Packaging instruction
Passenger aircraft
Quantity limitation: Forbidden.
Cargo aircraft
Quantity limitation: Forbidden.
Special provisions
2, B9, B14, T50, TP19
AERG : 124
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Section 14. Transport information
Special precautions for user : always transport in closed containers that are upright and secure. Ensure that persons transporting the product know what to do in the event of an accident or spillage.
U.S. Federal regulations : United States inventory (TSCA 8b): This material is listed or exempted.
Clean Water Act (CWA) 311: Chlorine
Clean Air Act (CAA) 112 regulated toxic substances: Chlorine Clean Air Act Section 112
(b) Hazardous Air
Pollutants (HAPs)
Clean Air Act Section 602
Class I Substances
Clean Air Act Section 602
Class II Substances
DEA List I Chemicals
(Precursor Chemicals)
DEA List II Chemicals
(Essential Chemicals)
SARA 302/304
: Listed
: Not listed
: Not listed
: Not listed
: Not listed
Composition/information on ingredients
Name EHS
SARA 302 TPQ SARA 304 RQ
(lbs) (gallons) (lbs) (gallons)
Chlorine Yes. 100 - 10 -
SARA 304 RQ : 10 lbs / 4.5 kg [0.48 gal / 1.8 L]
SARA 311/312
Classification : Sudden release of pressure
Immediate (acute) health hazard
Composition/information on ingredients
Name Fire
hazard
Sudden
release of
pressure
Reactive Immediate
(acute)
health
hazard
Delayed
(chronic)
health
hazard
Chlorine No. Yes. No. Yes. No.
SARA 313
Product name CAS number
Form R - Reporting
requirements
Chlorine 7782-50-5
Supplier notification Chlorine 7782-50-5
SARA 313 notifications must not be detached from the SDS and any copying and redistribution of the SDS shall include copying and redistribution of the notice attached to copies of the SDS subsequently redistributed.
Section 15. Regulatory information
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Section 15. Regulatory information
State regulations
Massachusetts : This material is listed.
New York : This material is listed.
New Jersey : This material is listed.
Pennsylvania : This material is listed.
California Prop. 65
No products were found.
This product has been certified to NSF/ANSI 60 (certificate number 07871-01) for a Maximum Use Level (MUL) of 30 mg/L.
Canada
Canadian lists
Canadian NPRI : This material is listed.
CEPA Toxic substances : This material is not listed.
Canada inventory : This material is listed or exempted.
Hazardous Material Information System (U.S.A.)
Health : 4* Flammability : 0 Physical hazards : 1
Caution: HMIS® ratings are based on a 0-4 rating scale, with 0 representing minimal hazards or risks, and 4 representing significant hazards or risks Although HMIS® ratings are not required on SDSs under 29 CFR 1910.1200, the preparer may choose to provide them. HMIS® ratings are to be used with a fully implemented HMIS® program. HMIS® is a registered mark of the National Paint & Coatings Association (NPCA).
HMIS® materials may be purchased exclusively from J. J. Keller (800) 327-6868.
The customer is responsible for determining the PPE code for this material.
National Fire Protection Association (U.S.A.)
Health : 4 Flammability : 0 Instability : 1 Special :
Reprinted with permission from NFPA 704-2001, Identification of the Hazards of Materials for Emergency Response Copyright ©1997, National Fire Protection Association, Quincy, MA 02269. This reprinted material is not the complete and official position of the National Fire Protection Association, on the referenced subject which is represented only by the standard in its entirety.
Copyright ©2001, National Fire Protection Association, Quincy, MA 02269. This warning system is intended to be interpreted and applied only by properly trained individuals to identify fire, health and reactivity hazards of chemicals. The user is referred to certain limited number of chemicals with recommended classifications in NFPA 49 and NFPA 325, which would be used as a guideline only. Whether the chemicals are classified by NFPA or not, anyone using the 704 systems to classify chemicals does so at their own risk.
Procedure used to derive the classification
Classification Justification
OXIDIZING GASES - Category 1 Expert judgment
GASES UNDER PRESSURE - Compressed gas According to package ACUTE TOXICITY (inhalation) - Category 3 On basis of test data SKIN IRRITATION - Category 2 Expert judgment
EYE IRRITATION - Category 2A Expert judgment
SPECIFIC TARGET ORGAN TOXICITY (SINGLE EXPOSURE)
(Respiratory tract irritation) - Category 3
Expert judgment
AQUATIC HAZARD (ACUTE) - Category 1 Expert judgment
AQUATIC HAZARD (LONG-TERM) - Category 1 Expert judgment History
Section 16. Other information
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Section 16. Other information
Date of issuemm/dd/yyyy
Date of previous issue
: 03/30/2017
: 09/01/2015
Version :
Prepared by :
Notice to reader
2 To the best of our knowledge, the information contained herein is accurate. However, neither the above-named supplier, nor any of its subsidiaries, assumes any liability whatsoever for the accuracy or completeness of the information contained herein.
Final determination of suitability of any material is the sole responsibility of the user. All materials may present unknown hazards and should be used with caution. Although certain hazards are described herein, we cannot guarantee that these are the only hazards that exist. 'RFXVLJQ(QYHORSH,'
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THATCHER COMPANY OF CALIFORNIA, INC. Phone (916) 389-2517 8625 Unsworth Avenue, Sacramento, CA 95828 Fax (916) 389-2516
Address Then E-Mail Contracts & Agreements To:
Craig N. Thatcher, Chief Executive Officer
Michael T. Mitchell, President
Thatcher Company of California, Inc.
P. O. Box 27407
Salt Lake City, UT 84127-0407
[email protected]; [email protected]
Copy To: [email protected]
Address Requests for Bids & Quotations to Craig N. Thatcher, Chief Executive Officer, Then E-mail To:
Thatcher Company of California, Inc.
Attn: Craig N. Thatcher, Chief Executive Officer
P. O. Box 27407
Salt Lake City, UT 84127-0407
[email protected]
Mail Payment: Thatcher Company of California, Inc.
LB 1106
P. O. Box 35146
Seattle, WA 98124-5146
Order Placement: Customer Service (916) 389-2517 [email protected] 24/7 Customer & Transportation Service: (800) 375-7758
E-mail Requests For Certificate of Insurance: [email protected] Bid Tabulation: [email protected];
[email protected]
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Date: April 12, 2017
THATCHER COMPANY OF CALIFORNIA, INC. Phone (916) 389-2517 8625 Unsworth Avenue, Sacramento CA 95828 Fax (916) 389-2516
APPENDIX A
PERFORMANCE
(a) Performance of any obligation under this contract may be suspended by the party so affected without liability in the event of an Act of God; war; fire; flood; strike; explosion; labor trouble; mechanical breakdown; accident, riot, governmental action, laws, regulations or orders (including, but not limited to, pollution, health, ecology or environmental matters); Seller's inability to obtain fuel, power, raw materials, or equipment used in connection therewith on terms it deems practicable; or any other cause beyond the reasonable control of either party interfering with the production, supply, transportation or consumption practice of the party at the time which delays, prevents, restricts, limits or renders commercially infeasible, the performance of this contract or the consumption, sale or use of the goods, except as to the goods already in transit. (b) The affected party may invoke subparagraph (a) or (b) by promptly notifying the other party in writing of the nature and the estimated duration of the suspension or cancellation of the party's performance. The total quantity hereunder shall be reduced by the quantity not delivered during the term of the suspension or cancellation without liability, and the contract shall otherwise remain unaffected.
In no event shall Seller be required to ship the goods from Seller's or, if applicable, its affiliates' other locations or to purchase the goods or components thereof from other sources to fulfill the contract requirements. Seller may, without liability, allocate its supply of such goods or raw materials among its own uses, or distribute it among its customers upon such basis and in such manner as Seller deems fair and reasonable, provided that any goods or raw materials obtained by Seller from a third party solely for Seller's internal use are not subject to allocation.
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Date: April 12, 2017
THATCHER COMPANY OF CALIFORNIA, INC. Phone (916) 389-2517 8625 Unsworth Avenue, Sacramento CA 95828 Fax (916) 389-2516
APPENDIX B
SELLER'S LIMITED WARRANTY: SUBJECT TO THE LIMITATIONS LISTED BELOW, Seller warrants that at the time of delivery the goods will conform to the attached specifications, that Seller will convey good title thereto, and that the goods will be delivered free from any lawful security interest, lien or encumbrance.
EXCLUSION AND DISCLAIMER OF ALL OTHER WARRANTIES: THE LIMITED
WARRANTIES LISTED ABOVE ARE SELLERS SOLE AND EXCLUSIVE
WARRANTIES WITH RESPECT TO THE GOODS. SELLER MAKES NO OTHER
WARRANTIES, EITHER EXPRESS OR IMPLIED, WHETHER WITH RESPECT TO ITS
RECOMMENDATIONS, INSTRUCTIONS, GOODS, APPARATUS, PROCESS OR
OTHERWISE, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES,
WHETHER OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE.
LIMITATIONS OF REMEDIES AND SELLER'S LIABILITY:
(a) BUYER'S EXCLUSIVE REMEDY AND SELLER'S TOTAL LIABILITY TO BUYER FOR CLAIMS, AS DEFINED IN SUBPARAGRAPHS (b) BELOW, IS
EXPRESSLY LIMITED AS FOLLOWS: BUYER HAS THE OPTION OF
REPAYMENT OF THE PURCHASE PRICE PAID OR REPLACEMENT OF THE
GOODS SUPPLIED HEREUNDER WITH RESPECT TO WHICH DAMAGES
ARE CLAIMED. BUYER WAIVES ALL OTHER CLAIMS BY BUYER AGAINST
SELLER AND SELLER SHALL NOT BE LIABLE TO BUYER FOR ANY
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, EXCEPT IN CASES OF GROSS NEGLIGENCE. THE PRICE
STATED FOR THE GOODS IS A CONSIDERATION IN LIMITING SELLERS AND ITS AFFILIATES' LIABILITY.
(b) "CLAIMS” MEANS ALL ASSERTIONS OF ANY LEGAL, EQUITABLE, AND/OR
ADMIRALTY CAUSES OF ACTION, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE; STRICT LIABILITY; OTHER TORT; EXPRESS OR IMPLIED WARRANTIES, INDEMNITY OR CONTRACT; CONTRIBUTION; OR
SUBROGATION RELATED TO OR ARISING OUT OF THE PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT.
(c) ALL LIMITATIONS ON BUYER'S REMEDIES AND SELLER'S LIABILITY SHALL
SURVIVE THE EXPIRATION, TERMINATION OR CANCELLATION OF THIS CONTRACT.
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Date: April 12, 2017
NOTICE OF CLAIMS: All product claims by Buyer shall be deemed waived unless made by Buyer in writing and received by Seller within thirty (30) days of receipt of the goods; provided that for any claim which is not readily discoverable within such 30 day period such claim shall be deemed waived unless made by Buyer in writing and received by Seller within 90 days after receipt of the goods or within 30 days after Buyer learns or should have been reasonably aware of facts which should have given rise to such claim, whichever first occurs.
BUYER'S WARRANTIES AND ASSUMPTION OF DUTIES REGARDING SAFETY, HEALTH, UNLOADING, USE, HANDLING, AND DISPOSAL OF THE GOODS. (a) Buyer warrants that it has used its own independent skill and expertise in connection with the selection and use of the goods and that it possesses skill and expertise in handling, storage, transportation, treatment, use and disposal of the goods. Seller's recommendations, instructions, or information as to safety, health, handling, use, unloading or disposal of the goods are based upon information believed to be reliable, but Seller shall have no liability with respect thereto.
(b) Buyer hereby acknowledges receipt of Seller's Material Safety Data Sheet (MSDS). Buyer assumes the following duties and obligations:
(1) Buyer shall promptly and carefully inspect the goods upon receipt. Buyer will adopt and maintain safe handling, storage, transportation, use treatment and disposal practices with respect to the goods, and further agrees to follow such special care and best manufacturing practices as Buyer's use of the goods require including, but not limited to, all such practices required by federal, state, and local government statutes, rules, regulations or ordinances;
(2) Buyer shall instruct its employees, independent contractors, agents and customers of the precautions and safe use practices required in connection with the unloading, handling, storage, use, transportation and disposal of the goods, including, but not limited to, information contained in Seller's most current MSDS; and
(3) Buyer shall comply with the OSHA Hazard Communication Standard, all applicable safety and environmental laws, and all other applicable government statutes, rules, regulations or ordinances, and shall take action necessary to avoid spills, emissions, leaks or other dangers to persons, property, or the environment.
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Exhibit E
Insurance and Endorsements
(including any attachments)
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Exhibit F
City of Vallejo Business License
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
4/8/2025
Arthur J. Gallagher Risk Management Services, LLC
6967 S River Gate Dr Ste 200
Midvale UT 84047
Carolyn Maldonado
801-290-3181
[email protected]
AIG Specialty Insurance Company
26883
THATCOM-01
New Hampshire Insurance Company
23841
Thatcher Company of California, Inc
P. O. Box 27407
Salt Lake City, UT 84127-0407
National Union Fire Insurance Company of Pittsburg
19445
Ironshore Specialty Insurance Co
25445
1945320513
A
X
1,000,000
X
300,000
25,000
1,000,000
2,000,000
X
Y
EG14246248-06
4/1/2024
6/30/2025
2,000,000
POLLUTION LEGAL
1,000,000
C
2,000,000
X
Y
4489610
4/1/2025
4/1/2026
D
X
6,000,000
X
XSCUW0030452500
4/1/2024
6/30/2025
6,000,000
B
X
Y
WC13711864
4/1/2025
4/1/2026
2,000,000
2,000,000
2,000,000
A
Pollution Legal Liability
EG14246248-06
4/1/2024
6/30/2025
Each Loss Limit Cov D
Each Loss Limit Cov E
Deductible
$1,000,000
$1,000,000
$50,000
Verification of insurance subject to the terms and conditions of the policy Named Insured's:
Thatcher Company, Inc.
Thatcher Group, Inc.
Thatcher Transportation, Inc.
Thatcher Company of Arizona, Inc.
Thatcher Company of California, Inc.
Thatcher Company of Montana, Inc.
See Attached...
City of Vallejo
202 Fleming Hill Road
Vallejo CA 94590
USA
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:
LOC #:
AGENCY
CARRIER NAIC CODE
POLICY NUMBER
NAMED INSURED
EFFECTIVE DATE:
THATCOM-01
1 1
Arthur J. Gallagher Risk Management Services, LLC
Thatcher Company of California, Inc
P. O. Box 27407
Salt Lake City, UT 84127-0407
25 CERTIFICATE OF LIABILITY INSURANCE
Thatcher Company of Nevada, Inc.
Thatcher Company of New York, Inc.
Thatcher Chemical of Florida, Inc.
Thatcher Pharmaceuticals, Inc.
Thatcher Company of North Dakota, Inc.
All carriers are rated A XV
City of Vallejo, its officers, officials, employees, agents and volunteers are included as Additional Insured with respect to General Liability and Auto Liability.
Coverage is primary and non-contributory as long as no other insurance applies. Waiver of Subrogation applies in favor of Additional Insured with respect to Work Comp. Umbrella Follows form.
ENDORSEMENT NO. 13
This endorsement, effective 12:01 AM, 04/01/2024
Forms a part of Policy No.: EG14246248-06
Issued to: THATCHER COMPANY
By: AIG SPECIALTY INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COVERAGES A, B AND E ADDITIONAL INSURED -
DESIGNATED PERSON(S) OR ORGANIZATION(S) ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY AND
POLLUTION LEGAL LIABILITY COVERAGE FORM
Solely as respects Coverages A, B and E, SECTION II - WHO IS AN INSURED is amended to include as an insured the person(s) or organization(s) shown in the Schedule below, but only with respect to bodily injury, property damage, personal and advertising injury, environmental damage or emergency response costs caused in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
A. In the performance of your work; or
B . In connection with your premises owned by or rented to you.
SCHEDULE
Name of Additional Insured Person(s) or Organization(s):
BLANKET WHERE REQUIRED BY WRITTEN CONTRACT OR
WRITTEN AGREEMENT
All other terms, conditions, and exclusions shall remain the same.
J AUTHORIZED REPRESENTATIVE
or countersignature (in states where applicable)
103366 (9/11)
Cl 5034
PAGE 1 OF 1
SCHEDULE OF UNDERLYING INSURANCE
86802 (11/08) PAGE 1 OF 1
CI3706
Commercial General Liability and Pollution Legal Liability (EAGLE):
Carrier: AIG Specialty Insurance Company
Policy Period: 4/1/2024 To: 6/30/2025
Policy Number: ECG14246248-06
Limits: $1,000,000 Each Occurrence Limit
$1,000,000 Each Loss Limit (Coverage D)
$1,000,000 Each Loss Limit (Coverage E)
$2,000,000 General Aggregate Limit (Other than Products-Completed Operations) $2,000,000 Products-Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit
Employee Benefits:
Limits: $1,000,000 Each Wrongful Act or Series of Related Wrongful Acts Limit $1,000,000 Annual Aggregate Limit
Auto Liability:
Carrier:
Policy Period:
National Union Fire Ins. Co.
4/1/2025 To: 4/1/2026
Policy Number: 4489610
Limits: $2,000,000 Combined Single Limit
Employers Liability, Coverage B:
Carrier:
Policy Period:
New Hampshire Insurance Co
4/1/2025 To: 4/1/2026
Policy Number: WC015893603
Limits: $2,000,000 Bodily Injury by Accident – Each Accident Limit $2,000,000 Bodily Injury by Disease – Policy Limit
$2,000,000 Bodily Injury by Disease – Each Employee Limit Employers Liability, Coverage B:
Carrier:
Policy Period:
New Hampshire Insurance Co
4/1/2025
To: 4/1/2026
Policy Number: WC015893604
Limits: $2,000,000 Bodily Injury by Accident – Each Accident Limit $2,000,000 Bodily Injury by Disease – Policy Limit
$2,000,000 Bodily Injury by Disease – Each Employee Limit
POLICY NUMBER: 4489610 COMMERCIAL AUTO
CA 20 48 02 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Endorsement EffectiVFi:o 4 / 0 1/2025
Named Insured:
THATCHER COMPANY, INC.
Name of Person(s) or Organization(s):
AS REQUIRED PER WRITTEN CONTRACT
Countersigned By:
SCHEDULE
CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 (Authorized Representative)
(If no entry appears above, information required to complete this endorsement will be shown in the Declara tions as applicable to the endorsement.)
Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form.
CONSENT CALENDAR 8.G.
DATE: June 24, 2025
TO: Mayor and Members of the City Council
FROM: Andrew Murray, City Manager
Jason Ackley, Assistant to the City Manager
SUBJECT: ADOPT A RESOLUTION APPROVING A THIRD AMENDMENT TO THE CONSULTANT
AND PROFESSIONAL SERVICES AGREEMENT WITH MUNICIPAL RESOURCE GROUP
LLC TO PROVIDE CONTINUED POLICY DEVELOPMENT, PROCESS IMPROVEMENT,
AND ANALYSIS FOR THE HUMAN RESOURCES DEPARTMENT, FINANCE DEPARTMENT, AND CITY MANAGER’S OFFICE AND INCREASE COMPENSATION TO A NEW NOT-TO-EXCEED AMOUNT OF $375,000, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME
RECOMMENDATION
Adopt a resolution approving a Third Amendment to the Consultant and Professional Services Agreement with Municipal Resources Group, LLC., to extend the agreement until June 30, 2026, and to add an additional $115,000 to the Agreement for a new not-to-exceed total of $375,000, and authorize the City Manager to execute same.
REASONS FOR RECOMMENDATION
Municipal Resources Group, LLC has been providing needed consulting services through an Agreement since February 2023. An Amendment is needed to that Agreement to continue receiving those ongoing support services, and as-needed consulting services going forward.
BACKGROUND AND DISCUSSION
Municipal Resource Group LLC (MRG) has been providing support for City staff through a Consultant and Professional Services Agreement since February 20, 2023. This consulting assistance included working on the Human Resources and Finance Department Project Management and advisement; assessment of the Broadway Project; and ongoing Technical Consulting.
Staff are requesting approval of this Third Amendment to the original Agreement to continue the as-needed Human Resources, Finance Department, and City-wide assistance and needed reports. For the Human Resources Department, MRG has been providing and would continue to provide assistance regarding Industrial Disability Retirement (IDR), updating records, and providing guidance on modernizing procedures.
For the Finance Department, MRG performed the Broadway Project assessment, aided in a recent RFP for auditing services, and has been providing and would continue to provide advisory services. For the City Manager's Office, MRG would perform an assessment of the City's special events sponsorship program.
Recent projects and engagements performed by MRG include:
• Boards & Commissions Review Project
o Support the CMO/CCO and aid in reviewing boards & commissions; best practices; options for consolidation.
o Project Timeline: February-March 2024
o Total Project Not-To-Exceed Budget: $24,500.
Date: June 24, 2025
Subject: ADOPT A RESOLUTION APPROVING A THIRD AMENDMENT TO THE CONSULTANT
AND PROFESSIONAL SERVICES AGREEMENT WITH MUNICIPAL RESOURCE
GROUP LLC TO PROVIDE CONTINUED POLICY DEVELOPMENT, PROCESS
IMPROVEMENT, AND ANALYSIS FOR THE HUMAN RESOURCES DEPARTMENT, FINANCE DEPARTMENT, AND CITY MANAGER’S OFFICE AND INCREASE COMPENSATION TO A NEW NOT-TO-EXCEED AMOUNT OF $375,000, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
o Status: Consultant Work Nearly Complete; Draft Report Issued and being revised by Consultant
• Financial Management Services - 2 RFP Support projects: Banking Services Provider & Audit Services Provider
o Support the Finance Department in selecting and implementing new vendor contracts. o Project Timeline: December 2024/January 2025 (Banking Services) & September/October 2024 (Audit Services)
o Total Project Not-To-Exceed Budget: $15,000 each RFP cycle. o Status: Both Completed.
• Broadway Project Assessment
o Review & Report on Broadway Project. Present to City Council. o Project Timeline: Presented to Council 12/10/2024.
o Total Project Not-To-Exceed Budget: $35,000.
o Status: Completed.
• Human Resources Department Assessment
o Assessment of the Human Resources Department
o Project Timeline: FY 2024
o Total Project Not-To-Exceed Budget: $43,275.
o Status: Completed.
• Human Resources Consulting Services
o Provide as-needed consulting services to the Human Resources Department. o Project Timeline: FY 23-25+ (Ongoing)
o Total Project Not-To-Exceed Budget: $147,300.
o Status: Current and Ongoing.
New/Future Project under discussion:
• Special Events Assessment
o Provide CMO with consulting support/reviewing the City's Special Events (City Permitting Processes; City Grants Processes; "effectiveness"/Economic Impacts of City Events, etc.) o Project Timeline: Approximately four months
o Total Project Not-To-Exceed Budget: Approximately $35,000
Date: June 24, 2025
Subject: ADOPT A RESOLUTION APPROVING A THIRD AMENDMENT TO THE CONSULTANT
AND PROFESSIONAL SERVICES AGREEMENT WITH MUNICIPAL RESOURCE
GROUP LLC TO PROVIDE CONTINUED POLICY DEVELOPMENT, PROCESS
IMPROVEMENT, AND ANALYSIS FOR THE HUMAN RESOURCES DEPARTMENT, FINANCE DEPARTMENT, AND CITY MANAGER’S OFFICE AND INCREASE COMPENSATION TO A NEW NOT-TO-EXCEED AMOUNT OF $375,000, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
o Status: Not yet begun
• Human Resources Consulting Services - Continued.
o Reduced monthly hours of as-needed technical consulting. Approximately 20 hours per month @ $225/hr = $54,000
FISCAL IMPACT
Approval of this item will enable City staff to order up to an additional $115,000 in consulting services through MRG. All funding for such additional costs would be paid for out of the budgeted Professional Services budget for the City Department(s) in question. No additional funding is being requested as part of this item.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
ATTACHMENTS
1. RESO 3rd Amendment- MRG - CAO STAMP
2. MRG 3rd Amendment to Consultant Services Agreement CAO Stamp
3. 23-CM129 MUNICIPAL RESOURCE GROUP LLC Consultant and Professional Servic...
4. 23CM129 MUNICIPAL RESOURCE GROUP LLC First Amendment
5. 23CM129 MUNICIPAL RESOURCE GROUP LLC Second Amendment
CONTACT
Jason Ackley, Assistant to the City Manager
[email protected]
RESOLUTION NO. 24-______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING THE
THIRD AMENDMENT TO THE CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
WITH MUNICIPAL RESOURCE GROUP LLC, TO INCREASE THE CONTRACT AMOUNT AND EXTEND THE TERM TO JUNE 30, 2026 AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAME
WHEREAS, the City of Vallejo entered into a Consultant and Professional Services Agreement on February 20, 2023 with a not-to-exceed amount of $95,000 and an end date of June 30, 2024; a First Amendment on May 15, 2024 which increased the not-to-exceed amount to $160,000 and the end date to June 30, 2025; a Second Amendment on September 10, 2024 which increased the not- to-exceed amount to $260,000; and
WHEREAS, there are times when the City relies on specialized professional services, project management, Human Resources and/or Finance advisement, and technical consulting within the organization which are secured with public-sector consulting firms best suited to performing the work or task being requested; and
WHEREAS, Municipal Resource Group LLC (MRG) has been actively engaged by the City on an as-needed basis to provide a myriad of professional services over the years; and WHEREAS, the Agreement provided that consultant would provide certain professional services to the City in an amount not to exceed $95,0000 during the Term commencing on February 20, 2023 and ending on June 30, 2024; and
WHEREAS, the parties entered into a First Amendment to the Agreement on May 15, 2024, increasing the not to exceed amount to $160,000 and extending the Term to June 30, 2025; and WHEREAS, the parties entered into a Second Amendment to the Agreement on September 10, 2024, increasing the not to exceed amount to $260,000; and
WHEREAS, the parties desire to further amend the Agreement to further increase the compensation and Term.
NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the Second Amendment to the Consultant and Professional Services Agreement between the City of Vallejo and Municipal Resource Group LLC to increase the total amount of the contract not-to-exceed amount by $115,000 for a total not to exceed amount of $375,000.00 and authorizes the City Manager to execute same.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on _______ with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
ATTEST
ANDREA SORCE, MAYOR
DAWN G. ABRAHAMSON, CITY CLERK
THIRD AMENDMENT TO
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY OF VALLEJO
MUNICIPAL RESOURCE GROUP LLC
This Third Amendment to the Consultant and Professional Services Agreement made and entered into on February 20, 2023, hereafter referred to as Agreement, between Municipal Resource Group LLC, therein referred to as Consultant, and the City of Vallejo, a municipal corporation, therein referred to as City, is made and entered into on this ___ day of ______, 2025.
WHEREAS, the Agreement provided that Consultant would provide certain professional services to the City in an amount not to exceed $95,0000 during the Term commencing on February 20, 2023 and ending on June 30, 2024; and
WHEREAS, the parties entered into a First Amendment to the Agreement on May 15, 2024, increasing the not to exceed amount to $160,000 and extending the Term to June 30, 2025; and
WHEREAS, the parties entered into a Second Amendment to the Agreement on September 10, 2024, increasing the not to exceed amount to $260,000; and WHEREAS, the parties desire to further amend the Agreement to further increase the compensation and Term.
NOW THEREFORE, Consultant and City do mutually agree to amend the Agreement as follows:
1. Not-to-Exceed-Amount. In consideration of Consultant providing continued services, the not-to-exceed amount set forth in paragraph 1.A. of Exhibit B of the Agreement is hereby increased an additional one-hundred and fifteen thousand dollars and no/100 cents ($115,000.00) for a new maximum not-to-exceed amount of three hundred and seventy-five thousand dollars and no/100 cents ($375,000.00).
Consultant agrees that the amount of increase in the not-to-exceed amount specified herein shall constitute full compensation for all Services, and shall fully compensate Consultant for any and all direct and indirect costs that may be incurred by Consultant in connection with the Services, including costs associated with any changes and/or delays in work schedules or in the performance of other services or work by Consultant.
2. Term. This Amendment replaces the original contract Section 16 “Term” to read as follows:
Term. The term of this Agreement shall commence on February 20, 2023 and shall continue in full force and effect until June 30, 2026.
City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Consultant. The maximum term of this Agreement, including all Amendments and extensions, shall not exceed three years.
If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo.
If funds to effect such continued payment are not appropriated, Consultant agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.
3. Indemnification. The following is amended and included in Agreement section 4.
Indemnification, and incorporated as 4b:
Consultant shall also indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, consultant’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Consultant’s operations, or any subcontractor’s operations, related to costs or benefits associated with California Public Employment Retirement System (CalPERS) membership where Consultant supplies a CalPERS member who CalPERS determines is subject to enrollment.
4. Personnel & CalPERS Prohibition. The following is amended and included in Agreement section 14. Personnel, and incorporated as 14b:
14b. General Prohibition on Assignment of CalPERS Members and Annuitants. Consultant shall not hire, employ, or use, as an employee, subcontractor or agent of Consultant (Assigned Individual) any California Public Employment Retirement System (CalPERS) member or annuitant in connection with the provision of services under this Agreement. Nor shall Consultant allow any of its subcontractors, agents, or other representatives to employ CalPERS members or annuitants for the purpose of performing work under this Agreement.
Failure to comply with the provisions of this section shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination.
The City Manager and the Human Resources Director may together approve an exception which they determine either: (i) meets the requirements of CalPERS relating to Independent Contractors; or (ii) where such Assigned Individual who is an Annuitant, has not, and will not, exceed 960 total hours in a fiscal year (July 1 to June 30) for all CalPERS employers combined, and satisfies all other CalPERS annuitant requirements. No Assigned Individual, regardless of CalPERS membership at the time the labor is provided, may exceed 1,000 hours in a fiscal year (July 1 to June 30).
5. Removal of Key Personnel Provision: The Agreement is amended to remove section 4. Key Personnel to Exhibit A of the Agreement, titled “Scope of Work”.
6. No Set Work Hours. The following is amended and included in Exhibit A to the Agreement, titled “Scope of Work”:
Consultant shall be solely responsible for determining the working hours of its individual personnel, employees, agents, and representatives within the limitations otherwise provided by this Agreement.
7. Integration. This Second Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this Amendment. This Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Consultant shall perform all duties, obligations and conditions required under the Agreement.
8. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall control in all respects.
9. Ambiguities. The parties have each carefully reviewed this Amendment and have agreed to each term of this Amendment. No ambiguity shall be presumed to be construed against either party.
10. Counterparts. This Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
11. Authority. The person signing this Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this Amendment on behalf of Consultant.
(SIGNATURES ARE ON THE FOLLOWING PAGE)
IN WITNESS WHEREOF, the parties have entered into this Amendment on the day and year first hereinabove appearing.
Municipal Resource Group, LLC,
BY:
Mary Egan
CEO
DATE:
(City Seal)
CITY OF VALLEJO,
a municipal corporation
BY:
Andrew Murray
City Manager
DATE:
ATTEST:
DAWN ABRAHAMSON
City Clerk
APPROVED AS TO FORM:
Veronica A.F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
Armond Sarkis
Risk Manager
Feb 14, 2023 12:17 PM, 1069215196
Contract and Routing Form
Date Originated:
Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: City Manager's Office,
Staff Contact: Jason Ackley, [email protected] Contract Type: Professional Services Agreement
Vendor: MUNICIPAL RESOURCE GROUP LLC Vendor Number:101616 Contract Not to Exceed Amount: 95000.00
Contract Start Date: Feb 20, 2023 End Date: Jun 30, 2024 Authority to Contract: City Manager
Attachments are uploaded for review here: https://bit.ly/vContracts Approved Pre-Requisition Form
Insurance
I have uploaded additional files.No
DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801 23-CM129
Contract and Routing Form
Signature Page
Department Initial Date Comment
Originating Department/Division
Risk Manager
Finance Department
City Attorney
City Manager
City Clerk
Return executed contract to: Jason Ackley
DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801 2/15/2023
2/15/2023
2/16/2023
2/20/2023
2/20/2023
2/20/2023
Feb 14, 2023 9:57 AM, 1069144594
Pre-Requisition Form
Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: City Manager's Office,
Staff Contact: Jason Ackley, [email protected] Vendor: MUNICIPAL RESOURCE GROUP LLC Vendor Number 101616 Term: Multi-year Term
Anticipated Start Date: Feb 20, 2023
Anticipated End Date: Jun 30, 2024
Anticipated Contract Type: Professional Services Agreement Purchasing Authority: City Manager
Total Projected Expenditure: 95000.00
Multiple Project Numbers? Multiple Account Numbers? No, just one Description of Proposed Purchase:
Administrative Consulting - HR related.
I have reviewed the city-wide contracts, expenditure and encumbrance reports to comply with the VMC.
It is existing vendor but total City-wide expenses are not anticipated to hit the cap of $100,000 in a single FY.
Competitive Process: I am exempt from having to complete a Competitive Process Exemption Explanation:
Specialized service & staff requested for specific projects.
Explanation for Vendor Selection:
Specialized service & staff requested for specific projects.
Uploaded documents available for review https://bit.ly/vPreReqs.
WarrantyNot sure
DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801
Pre-Requisition Signature Section
Department Comment
Delegated Signee: Michael Malone
Title: City Manager
E-mail: [email protected]
_
Signature Date
Route Final HTE PO to City Clerk for Contract Log
DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801 2/20/2023
Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 10
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
This Cons
ultant and Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 20th day of February 2023, by and between the C ity of Vallejo , a municipal corporation (" City"), and Municipal Resource Group, hereinafter referred to as “Consultant”, who agree as follows:
1. Services
. Subject to the terms and conditions set forth in this A greement, Consultant shall provide the C ity professional services as specified in Exhibit A, entitled “Scope of Work.”
2. Payment
. City shall pay Consultant in the manner set forth in Exhibit B, entitled “Compensation.” The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement.
3. Facil
ities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
4. Indemni
fication. Consultant shall indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents , volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney ’s fees, consultant’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Consultant’s operations, or any subcontractor’s operations, to be performed under this agreement for Consultant’s or subcontractor’s tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Consultant, or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by the law, regardless to any limitation by insurance, with the exception of the sole negligence or willful misconduct of the City.
The provi
sions of this section shall survive the expiration or termination of this Agreement.
5. Insur
ance Requirements. Consultant agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for Consultant.” Failure to maintain required insurance at all times shall constitute a default and material breach.
DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801
Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 10
6. Accident Reports. Consultant shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses, and telephone numbers of any known witnesses, (c) the date, time, and description of the accident or other occurrence.
7. Conflict of Interest. Consultant warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Consultant’s family, business, real property or financial interests and the services to be provided under this Agreement. Consultant shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Consultant’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potent ial conflict of interest, then Consultant shall disclose such conflict in writing to City. Every individual who performs services on behalf of Consultant pursuant to this Agreement must file a full Statement of Economic Interests (also known as Form 700) with the City Clerk if the work of the individual involves making a governmental decision whether to issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; authorizes the City to enter into, modify, or renew a contract; grants City approval of specifications for a contract; adopts or approves for the City any policy, standard or guideline; lobbies on behalf of the City, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code.
8. Independent Contractor. Consultant is an independent contractor .
Neither Consultant nor any of Consultant’s officers, employees, agents, or subcontractors, if any, is an employee of C ity by virtue of this Agreement or performance of any services pursuant to this Agreement. City shall have the right to control Consultant only insofar as the results of Consultant’s services rendered pursuant to this A greement; however, C ity shall not have the right to control the means by which Consultant accomplishes services pursuant to this Agreement.
9. Licences, Permits, Etc. Consultant represents and warrants to C ity that all consultant services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Consultant has all the permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this A greement any licenses, permits, and approvals which are legally required for Consultant to practice its profession.
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10. Business License. Consultant, and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Consultant until such business license(s) has been obtained.
11. Standard of Performance. Consultant shall provide products and perform all services required pursuant to this A greement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Consultant’s profession currently practicing in California.
Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation applicable federal, state, and local laws and regulations, and all other contingencies or considerations.
Consultant’s responsibilities under this section shall not be delegated. Consultant shall be responsible to City for acts, errors, or omissions of Consultant’s subcontractors.
Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work and shall prepare plans, reports, and/or other work products in such a way that additional costs will not be incurred beyond a project budget approved or amended by the City Manager or his or her designee.
Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Consultant is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant.
12. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by causes or circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts.
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Consultant and Professional Services Agreement (Revised 01.2019) Page 4 of 10 In the event that the Consultant is unable to meet the completion date or schedule of services, Consultant shall immediately inform the City Representative of this in writing. If additional time is required to perform the work , the City Representative may adjust the schedule.
13. Time
is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.
14. Pers
onnel. Consultant agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.
The payme
nt made to Consultant pursuant to this Agreement shall be the full and complete compensation to which Consultant and Consultant’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Consultant nor Consultant’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Consultant. The City shall not be required to pay any workers' compensation insurance on behalf of Consultant.
Consult
ant shall pay, when and as due, any and all taxes incurred as a result of Consultant’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
15. Consult
ant Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or his or her designee, Consultant shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.
16. Term.
The term of this Agreement shall commence on February 20, 2023 and shall continue in full force and effect until June 30, 2024.
City
shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one month, by written notice to Consultant.
If the
term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo.
If funds to effect such continued payment are not appropriated, Consultant agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.
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17. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving notice to Consultant.
Upon receipt of a notice of termination, Consultant shall perform no further work except as specified in the notice. Before the date of termi nation, Consultant shall deliver to City all City records and documents, all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.
The City shal
l pay Consultant for services performed in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Consultant for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Consultant for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.
18. Product
s of Consulting Services. The work product, including without limitation, all writings, work sheets, reports , recordings, drawings, files, detailed calculations and other work products, whether complete or incomplete, of Consultant resulting from services rendered pursuant to this A greement, shall become the property of C ity. Consultant agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.
Document
s submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (200 2) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.
19. Coopera
tion by City. City shall, to the extent reasonable and practicable, assist and cooperate with Consultant in the performance of Consultant’s services hereunder.
20. Assi
gnment and Subcontracting. Consultant shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801
Consultant and Professional Services Agreement (Revised 01.2019) Page 6 of 10 any right, duty or obligation under this Agreement without said consent shall be void and of no effect.
If s
ubcontracting of work is permitted, Consultant shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Consultant. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Consultant to use subcontractors for performance of any service under this Agreement.
The City is
an intended beneficiary of any work performed by Consultant’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.
Any s
ubcontractor or assignee consented to by City shall be bound by all terms and conditions of this agreement and the same shall be incorporated into and made a part of any assignment or subcontractor agreement.
21. Successo
rs and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.
22. Non-Discr
imination/Fair Employment Practices.
(a) Cons
ultant shall not, because of race, religious creed, color, sex, national original, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions or other privileges of employment, without regard to his race, religious creed, color, sex, national origin, ancestry, or disability, medical condition, age, marital status or sexual orientation.
Consult
ant warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.
In all
solicitations either by competitive bidding or negotiations made by Consultant for work to be performed under any subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultant’s obligation under this Agreement relative to nondiscrimination and fair employment practices.
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Consultant and Professional Services Agreement (Revised 01.2019) Page 7 of 10 Consultant shall include the above provisions of this section in every subcontract, including procurement of materials or equipment.
(b) Consult
ant agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.
23. Noti
ces. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:
If to City: Mic
hael Malone
City Manager
Office of the City Manager
555 Santa Clara Street
Vallejo, CA 94590
If to Cons
ultant: Mary Egan
CEO
Municipal Resource Group, LLC
PO Box 561
Wilton, CA 95693
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.
Routine
administrative communications shall be made pursuant to section 1 of Exhibit A.
24. Integr
ation Clause. This Agreement, including all Exhibits, contains the entire agr eement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.
25. Severab
ility Clause. Should any provision of this A greement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.
26. Law G
overning. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the Stat e of California or in the United States DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801
Consultant and Professional Services Agreement (Revised 01.2019) Page 8 of 10 District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
27. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.
28. Ambiguity. The parties acknowledge that this is a negotiated agreement , that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.
29. Gender. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identifications of the person or persons, firm or firms, corporation or corporations may require.
30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.
31. Compliance with Laws. Consultant will comply wit h all statutes, regulations and ordinances in the performance of all services under this Agreement.
32. Confidentiality of City Information. During the performance of services under this Agreement, Consultant may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as "City Information") which are valuable, special and unique assets of the City. Consultant agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Consultant’s scope of work , to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need for the City I nformation for the performance of services under this Agreement, without the prior written consent of City, or as required by law.
Consultant shall treat all records and work product prepared or maintained by Consultant in the performance of this Agreement as confidential.
A violation by Consultant of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.
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Consultant and Professional Services Agreement (Revised 01.2019) Page 9 of 10 Consultant’s obligations under this section shall survive the completion of services, expiration or termination of this Agreement.
33. News an
d Information Release. Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.
34. City Repr
esentative. The City Representative specified in Exhibit A, or the representative's designee, shall administer this Agreement for the City.
35. Counter
parts. The parties may execute this A greement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.
36. Facsimi
le Signature ; Electronic Signature . This Agreement shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise.
Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other part y pursuant to the notice provision of this Agreement . The failure to send an original shall not affect the binding nature of this Agreement.
37. Authorit
y. The person signing this Agreement for Consultant hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Consultant.
38. Exhib
its. The following exhibits are attached hereto and incorporated herein by reference:
Exhibi
t A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments [SIGNAT
URES ON FOLLOWING PAGE]
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ITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
MUNICIPAL RESOURCE GROUP, LLC
By:
Mary Egan
CEO
DATE:
(City
Seal)
CITY OF VALLEJO,
a municipal corporation
By:
Michael Malone
City Manager
DATE:
ATTEST:
By:
Dawn Abrahamson
City Clerk
APPROVED
AS TO FORM:
Veronica A.F. Nebb
City Attorney
APPROVED
AS TO INSURANCE:
Armond Sarkis
Risk Manager
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2/20/2023
Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 2 Exhibit A – Scope of Work
EXHIBIT A
SCOPE OF WORK
1. Representatives. The City Representative for this Agreement is:
Michael Malone
City Manager
555 Santa Clara Street
Vallejo CA 94590
707-648-4576
The Consultant’s Representative for this Agreement is:
Mary Egan
CEO
Municipal Resource Group
PO Box 561
Wilton, CA 95693
All routine administrative communications between the parties will be between the above named representatives and may be by personal delivery, mail, facsimile transmission, or electronic mail as agreed between the Consultant Representative and City’s Representative.
2. S ervices to be Provided. Consultant shall provide the following services for specific projects as may be requested by the City of Vallejo:
- Human Resources Project Management
- Technical Consulting
- Financial Analysis
- Classification and Compensation Studies
- Job Specification Review
- Systems Implementation
3. Time for Performance. Consultant will perform the services according to the schedule below. If the schedule calls for the services to be performed in phases or discrete increments, Consultant shall not proceed from one phase or increment to the next without written authorization from the City’s Representative. Consultant will complete all services by June 30, 2024.
4. Key Personnel. All of the individuals identified below are necessary for the successful prosecution of the services due to their unique expertise and depth and breadth of experience. There shall be no change in the personnel listed below , without written approval of the City Representative. Consultant recognizes that the DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801
Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 2 Exhibit A – Scope of Work
composition of this team was instrumental in the City’s decision to award the work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination.
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Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 3 Exhibit B - Compensation
EXHIBIT B
COMPE
NSATION
1. Consult
ant’s Compensation.
A. Services: City agrees to pay Consultant, at the rate(s) specified below, for those services set forth in Exhibit A of this A greement and for all authorized reimbursable expenses, for a total not to exceed Ninety-Five Thousand Dollars and no Cents ($95,000).
Consult
ant shall notify City in writing no later than thirty (3 0) days prior to the estimated date when Consultant will have billed City the maximum payment amount permitted under this Agreement, and Consultant shall provide City with an estimate of the additional compensation required to complete the project.
B. Additional Services:
1. Additi
onal Services are those services related to the scope of Services of Consultant as set forth in this Agreement but not anticipated at the time of execution of this A greement. Additional Services shall be provided only when a Supplemental A greement authorizing such Additional Services is approved b y the City Manager, or his or her designee . City reserves the right to perform any Additional Services with its own staff or to retain other Consultants to perform said Additional Services.
2. Consult
ant’s compensation for Additional Services shall be based on the total number of hours spent on Additional Services multiplied by the employees' appropriate billable hourly rate as established below. C ity, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises. Where a fixed fee for Additional Services is established by mutual Agreement between City and Consultant, compensation to Consultant shall not exceed the fixed fee amount.
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