4.10 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise, any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
Obtain such insurance and deduct and retain the a mount of the premiums fo r such insurance from any sums due to Consultant under the Agreement; Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payme nt, until Consultant demonstrates compliance with the requirements hereof; and/or, Terminate this Agreement.
SECTION 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably acceptable to City), indemnify and h old the Cit y, its officials, officers, empl oyees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, li ability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in con nection with the performance of the Consultant’s services or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify sha ll not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
5.1.1 Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Co nsultant from liability under this indemnif ication and hold h armless clause.
This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.
5.2 By execution of this Agreement, Consultant acknowledges and agrees t o the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an inde pendent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuan t to this Agreement an d assignment of personnel pursuant to Section 1.3; however, otherwise City shall not have the right to control the manner or means by which Consultant accomplishes services rendered pursuant to this Agreement.
Notwithstanding any o ther City, state, or fed eral policy, rule, re gulation, law, or ordinance to t he contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive a ny and all claims to, an y compensation, benefit, or any incident of employment by City, including, but not limited to, eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and
entitlement to any contribut ion to be paid by City for employer contributions and/or employee c ontributions for PERS benefits.
6.2 Consultant Not Agent. Except as City may speci fy in writing, Consultant shall have no authority, express or implied, to act on behalf of City in a ny capacity whatsoever as an agent. Consultant shall have no authority, expr ess or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
SECTION 7. L EGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the Services.
7.3 O ther Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Li cens es and Permits. Consultant represents and war rants to City th at Consultant and its employees, agents, and any subcontractors have a ll licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Cons ultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are l egally required to practice the ir respective pr ofessions. In additio n to the f oregoing, Consultant and any subcontr actors shall obtain and maintain during the term of this Agreement valid business licenses from City.
7.5 N
ondiscrimination and E qual Opportunity. Consultant shall not dis criminate, on the basis of a person’s rac e, religio n, color, national origin, age, physi cal or mental handicap or disability, medical condition, marital status, sex, sexual orientation or any other legally protected status, ag ainst any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of , or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all ap plicable federal, state, and local laws, pol icies, rules, and requirements related to equal opportunity and nondiscrimination in em ployment, contracting, and the provision of any Services that are the subject of this Agreement, including but not limited to the satisfac tion of any positive o bligations required of Consultant thereby.
Consultant shall include the provi sions of this S ection in any subcontract approved by the Contract Administrator or this Agreement.
7.6 California Labor Code Requirements . Consulta nt is aware of the requirements of California Labor Code Secti ons 1720 et seq. and 1770 et seq., which re quire the payment of pr evailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws” ). If the services a re being performed as part of an applicable “public works” or “maintenance” pr oject, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shal l defend, indemnify and hold th e City, its officials, officers, employees and agents free and har mless from
any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shal l be mandatory upon the Consultant and all subconsultants to c omply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of ap prentices (Labor Code Section 17 77.5), certified payroll records (Labor Code Sections 1771.4 and 1776), h ours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to subm it certified payroll records di rectly to the Labor Commissioner under Labor Code section 1771. 4 shall not apply to work performe d on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
If the services are being performed a s part of an applicable “publi c works” or “maintenance” projec t, then pursuant to Labor Code Sec tions 172 5.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industri al Relations. Consul tant shall maintain registration for th e full term of this Agreement and r equire the same of any s ubconsultants, as applicable.
Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code S ections 1725.5 and 1771.1 shall not apply to work performed on a public works projec t that is exempt purs uant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
This Agreement may also be subject to compliance monitoring and enforcement by the Department o f Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Depar tment of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole r esponsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the Ci ty. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
Consultant may cancel this Agreement only for cause upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, C onsultant sha ll be entitled to compensation for Services performed satisfactorily to the effective date of termination; City, however, may condition payment of such compensation upon Consultant deliveri ng to City any or all do cuments, photographs, computer software, video and audio tapes, a nd other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. C ity may, in their sole and exclu sive discretion, extend the end dat e of the term of this Agreement beyond that provided for in S ection 1.1. Any such extension shall require a wr itten amendment to this Agreement, as provided for herein. Consultant unde rstands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation bey ond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract
Administrator, City sh all have no obligation to reimburse Consultant for any other wise reimbu rsable expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the Parties.
8.4 Ass ignment and Subcontracting. City and Consultant recognize and agree that this Agreement cont emplates personal performance by Consultant and is based upon a determinat ion of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant m ay not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Con sultant shall not subcontrac t any portion of the performance contemplated and provided for herein, other than to the subcontractors no ted in the proposal, without prior written approval of the Contract Administrator.
8.5 S urvi val. All obligations arising pri or to the termi nation of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
8.6 O ptions upon Breach by Consultant. If Consultant materially breaches any of the t erms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; and/or
8.6.3 Retain a different c onsultant to complete the work described in Exhibit A not finished by Consultant in w hich case the City may charge Consultant the di fference between the cost to have a different consultant complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
SECTION 9. K EEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Perform ance. All repo rts, data, map s, models, charts, stu dies, surv eys, photographs, memoranda, plans, studies , specifica tions, drawings, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pur suant to this Agreement and that relate to the mat ters cover ed hereunder shall be the property of the C ity. Consultant hereby agrees to deliver those documents to the City upon term ination of the Agreement. It is understood and agreed that the documents and other materials, including but n ot limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use.
9.2 C onfidential ity. All reports, data, maps, mod els, charts, studies, survey s, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be kept confidential by C onsultant. Such materials shall not, without the
prior written permission of City, be used by Consultant for any purpose other than the performance of this Agreement nor shall such materials be d isclosed publicly. Nothing furnishe d to Consultan t which is generally known, shall be deemed conf idential. Consultant shall not use the City’s name or logo or photographs pertaining to the S ervices under this Agreemen t in any publication without the prior written consent of the City.
9.3 Consultant’s Books and Records. Consultant shall maintain any and a ll ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for Services or expenditures and disbursements charge d to the City under this Agreeme nt for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant.
9.4 I nspectio n and Audit of R ecords. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made availabl e for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of th e City. Under Californ ia Government Code Section 8546.7, if the amount of public funds expen ded under this Agreement exceeds Ten Thousand Dollars ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under the Agreement.
9.5 Int ellectual Property. The City shall have and retain all right, title and interest, including copyright, patent, trade secret or other pro prietary rights in all plans, specifications, studies, drawings, estimates, materials, data, computer programs or so ftware and source code, enhancements, documents and any other works of authorship fixed in any tangible medium or expression, including but n ot limited to physical drawings or other data magnetically or otherwise recorded on c omputer media (“Intell ectual Property”) prepared or developed by or on behalf of Consultant under this Agreement. Consultant further grants to City a non- exclusive and p erpetual license to copy, use, modify or sub -license any and all Intellectual Property otherwise owned by Consultant w hich is the basis or foundation for any der ivative, collective, insurrectional or supplemental work created under this Agreement.
SECTION 10. CAL VIP ADDITIONAL TERMS AND CONDITIONS. Consultant ack nowledges that t his Agreement, the Services and payments thereunder are funded through the California Violence Intervention Program (“CalVIP”) administered by the State of California Board of State and Community Corrections (“BSCC”) and are subject to the requirements, restrictions, and limitations of Cal VIP and BSCC grant funding. By executing this Agreement, Consult ant hereby agrees to comply with all terms and conditions set forth in this Agreement, which include by reference all guidance, regulations and requirements of BSCC that are applicable to a recipient of a CalVIP grant and the additional terms and conditions attached as Exhibit C and incorporated herein. Consultant further agrees to cooperate with the City by timely providing information and documentation required by the Agreement or requested by the City in furtherance of its obligations as a CalVIP grantee.
SECTION 11. MI SCELLANEOUS PROVISIONS.
11.1 Venue. In the event either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Contra Costa or in the United States District Court for the Northern District of California.
11.2 Severability. If a cou rt of competent jurisdiction finds or rules t hat any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
11.3 N o Implied Waiver of Breach . The waiver of any breach of a spe cific provision of this Agreement does not constitute a waiver of any other breach of that te rm or any other term o f this Agreement.
11.4 S ucce ssors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
11.5 U se of Recycled Products. Consul tant shall prepar e and s ubmit all repor ts, wr itten studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
11.6 Con flict o f Interest. Consultant may serve other clients, but none whose activit ies within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that te rm is defined in the Political Reform Ac t, codified at C alifornia Government Code Section 81000 et seq.
Consultant shall not employ any official of City in the work performed pursua nt to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that woul d violate California Government Code Section 1090 et seq.
Consultant hereby warrants tha t it is not now, nor h as it been in the previous twel ve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appoi ntee, or official of City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of thi s Agreement. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et. seq., the entire Agreement is void and Consultant will not be entitled to any compensation for Services performed pursuant to this Agreement, i ncluding reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a v iolation of Government Code Section 1090 and, if applicable, will be disqualified from holding public office in the State of California.
11.7 Inconsistent Terms. If the terms or provisions of this Agreement conf lict with or are inconsistent with any term or provision of any Exhibit attached hereto, then the terms and provisions of this Agreement shall prevail.
11.8 S olicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
11.9 C ontract Administration. This Agreement shall be administered by Monserrat Cabral ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrato r or his or her designee.
11.10 N otice s. Any written notice to Consultant shall be sent to:
DeVone Boggan/Advance Peace
1017 Clay Street
Oakland, CA 94607
Any written notice to City shall be sent to:
Monserrat Cabral/Public Safety & Community Resources
City of Antioch
P. O. Box 5007
Antioch, CA 94531-5007
City of Antioch
P. O. Box 5007
Antioch, CA 94531-5007
Attn: City Attorney
11.11 Integration. This Agreement, including all exhibits and other attachments, represents the entire and integrat ed agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
CITY: CONSULTANT:
CITY OF ANTIOCH Advance Peace
____________________________________ By:______________________________ Forrest B. Ebbs, Acting City Manager
Name:___________________________
Title:____________________________
Attest: FISCAL SPONSOR:
Safe Passages
____________________________________ By:_____________________________ Elizabeth Householder
City Clerk
Name:___________________________
Title:____________________________
Approved as to Form:
____________________________
Thomas Lloyd Smith, City Attorney
[Two signatures are required for a corporation or one signature with the corporate bylaws indicating that one person can sign on behalf of the corporation]
EXHIBIT A
SCOPE OF WORK
Consultant’s Proposal
Advance Peace
TECHNICAL ASSISTANCE/SUPPORT, TRAINING & DEVELOPMENT
City of Antioch
May 1, 2023 – December 31, 2025
ASESSMENT, STAKEHOLDER ENGAGEMENT
• Conduct initial outreach to community groups, decision makers and other key stakeholders to provide in-depth understanding of gun violence and assess potential collaboration opportunities. • Review crime data, key policies, case studies, programs and evaluations of current and former violence prevention/interruption efforts to assess strengths, weaknesses and opportunities. • Provide written assessment and recommendations to successfully implement the Advance Peace gun violence reduction strategy in Antioch.
• Develop Year-1 Work Plan.
PERSONNEL Management Support
• Provide job descriptions for Program Manager, Field Coordinator, Neighborhood Change Agent (NCA) and Peacekeeper.
• Assist with recruiting, screening, and hiring of staff. • Provide 100 hours of training and development for new staff.
OPERATIONS Management Support
• Participation in weekly strategy meetings with Program Managers from other AP cities. • Support gradual step-by-step roll out of program components to ensure model fidelity and program effectiveness.
• Participation in bi-annual “Community of Practice” retreats with UCB Evaluator and State/National partners.
• Quarterly coaching sessions with AP Antioch team.
• Meetings with City staff and program partners, as needed.
PROGRAM DEVELOPMENT & IMPLEMENTATION Support
• Assist with the identification, assessment, selection, engagement and enrollment of Peacemaker Fellows.
• S upport program buildout including street outreach, branding, risk mitigation, infrastructure, and strategic communications.
• Provide on-going guidance, tools and resources needed for the effective implementation of the Peacemaker Fellowship.
• Cultivate capacity of local service providers and public systems to better serve target population. • Develop protocols for law enforcement and staff interactions. • Provide support in the development of new policies and procedures responsive to local needs and dynamics.
• Help educate and inform public systems, philanthropy, clergy, media and community about the rationale and mechanics of gun violence reduction.
• Help the City build on its existing infrastructure of gun violence reduction activity and explore integration of the Advance Peace strategy into its long-term strategic plan. • Support additional fund development to solidify and promote program sustainability.
LEARNING and EVALUATION Support (Revised)
All Advance Peace Antioch evaluation activities will be performed by the UC Berkeley, Center for Global Healthy Cities, through a subaward with Advance Peace. Thus, the evaluation contract should be issued to Advance Peace. The Advance Peace evaluation activities will consist of:
• Updating the Human Subject, Institutional Review Board (IRB) protocols through the UC Berkeley, Committee for Protection of Human Subjects, to ensure all outreach data collection remains confidential;
• Update all informed consent forms, scripts and data confidentiality agreements for the Peacemaker Fellowship, including all outreach workers and participants, called Fellows; • Draft a Local Evaluation Plan (LEP) consistent with CalVIP requirements; reviewed and approved by City of Antioch, Department of Community Resources & Public Safety; • Create specific informed consent forms, scripts and data confidentiality protections for Antioch data collection;
• Draft Memorandum of Agreement (MOA) with City of Antioch Police Department, to obtain at least 5 years of gun crime data (187a & 245a2) and associated demographic and spatial information, for baseline crime analyses. MOU will specify that UC Berkely will receive monthly gun crime data from City of Antioch PD for the duration of the grant/project and at least 6 months after date of completion, in order to complete analyses of any changes in gun crime; • Analyze historic/baseline data of city firearm homicide and assault data, along with additional city- level data as needed for analyses (i.e., US census demographics, police beat, council district shape files, etc.);
• Create secure, encrypted, electronic data sharing protocol using cloud storage (i.e., Dropbox) for local Police Department to share crime data;
• Use descriptive statistics, time-series analyses, & spatial mapping to analyze any change in the number & rate of gun violence over project period;
• Update AP data collection portal/software (apdata.org) for use in Antioch & used by all outreach workers, & create Advance Peace Antioch NCA and Administrative user permissions; • Update and manage cloud database storage of all outreach worker and Peacemaker Fellowship participant data;
• Deliver two trainings per year to Advance Peace Antioch staff on data collection methods and use of apdata.org system;
• Conduct one interview and one focus group with Advance Peace Antioch Advance Peace outreach worker staff to understand program fidelity and contribute to process evaluation data gathering; • Generate a six-month and annual data report (once outreach work commences) for the Advance Peace Antioch program, and share these reports with Antioch program leadership; • Support quarterly CalVIP reporting by City of Antioch program leaders by offering participant/client data;
• Generate one report at the conclusion of the Advance Peace Peacemaker Fellowship in Antioch, satisfying the CalVIP Local Evaluation Plan.
Cost: $240,000 – Advance Peace
$120,000 – UC Berkeley Evaluation Services as stated above $75,000 – Licensing of UCB Data Collection Portal
Payment Schedule
Compensation
City will provide compensation to Consultant in the a mount of Eight Thousand Dollars ($80,000) on an annual basis. Notwithstanding anything to the contrary in Consultant ’s Proposal, Consultant will submit to City an invoice for 100 % of Consultant’s compensation amount for the first year this Agreement upon execution of the Agreement. Consultant will submit invoices each anniversary thereof for the compensation amount applicable to the following year or portion of the year remaining in the term of the Agreement, as applicable
Authorized Reimbursements
City will reimburse C onsultant for the following expenses and amounts upon receipt of an invoice and supporting documentation. No other reimbursement is authorized by the Agreement , and the City will not provide payment for the reimbursement of any expense ot her than those listed below, which are further described in Consultant’s Proposal..
Description of Reimbursable Cost Annual Limit Contract Limit Evaluation Services by the UC Berkeley, Center for
Global Healthy Cities
Up to $40,000 per year Up to $120,000
Licensing of UCB Data Collection Portal Up to $25,000 per year Up to $75,000
The Contract Administrator, in its sole discretion, may authorize in advance and in writing the reallocation of funds described in this Payment Schedule, except in no case shall any authorization increase the amount authorized for by Section 2 of the Agreement for the term of the Agreement or conflict with the City’s obligations under the CalVIP program.
EXHIBIT B
CALVIP ADDITIONAL TERMS AND CONDITIONS
To the extent the terms and conditions below conflict with any other term of the Agreement, the terms and conditions below shall prevail.
General Terms and Conditions
1. AUDIT: Consultant agrees that the City, BSCC, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Consultant agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Consultant agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information relat ed to such records . Further, Consultant agrees to include a simil ar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
2. DISPUTES: Consultant shall continue with the responsi bilities under this Agreement during any dispute.
3. TERMINATION FOR CAUSE: The City may t erminate this A greement and be relieved of any payments should the Consultant fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the City may proceed with the work in any manner deemed proper by the City . All costs to the City shall be deducted from any sum due the Consultant under thi s Agreement and the balance, if any, shall be paid to the C onsultant upon demand.
4. RECYCLING CE RTIFICATION: Upon request by the City, Consultant shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whe ther the product meets the requirements of Public Contract Code Section 12209. With respect to printer or dupl ication cartridges that comply with the requirements of Sec tion 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub.
Contract Code §12205).
5. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Consultant and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant shall insure that the evaluation and treatment of employees and applicants for employment are free of such
discrimination. Consultant and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Consultant shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause.
Consultant and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
6. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
Full link: http://bscchomepageofh6i2avqeocm.usgovarizona.cloudapp.usgovcloudapi.net/ccc-042017- contractor-certification-clause/
7. TIMELINESS: Time is of the essence in this Agreement.
8. COMPENSATION: The consideration to be paid Consultant, as provided herein, shall be in
9. CHILD SUPPORT CO MPLIANCE ACT: For any Agreemen t in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
A. The contractor recognizes the importance of child and family support obligations and s hall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
10. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
Special Terms and Conditions
1. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
Consultant must have on file with the BSCC a completed and signed Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement.
2. UNION ACTIVITIES
Consultant acknowledges that applicability of Government Code §§16654 through 16649 to this Agreement and agrees to the following:
A. No State funds received under the Agreement will be used to assist, promote or deter union organizing.
B. Consultant will not, for any b usiness conducted under the Agreement, use any State property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing, unless the State property is equally available to the general public for holding meetings.
C. If Consultant incurs costs or makes expenditures to assist, promote or deter union organizing, Consultant will maintain records sufficient to s how that no reimbursement from Stat e funds has been sought for these costs, and that Su bgrantee shall provide those records to the Attorney General upon request.
3. WAIVER
The parties hereto may waive any of their rights under this Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver.
____I ___
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of April 25, 2023
TO: Honorable Mayor and Me mbers of the City Council
SUBMITTED BY: Dawn Merchant, Finance Director
SUBJECT: Extension of Banking Services C ontract with Bank of the West for Five Years
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution approving an extension of the banking services contract with Bank of the West for five years.
FISCAL IMPACT
The estimated cost of banking services is already included in the fiscal year 2023 budget and draft fiscal year 2023-25 budget. The five-year cost of this contract has the potential to cost $588,804; however, the earnings credit rate (ECR) of .75% provided to the City by Bank of the West will be used to offset fees incurred. Since our initial contract term began in August 2010, the City has had all bank ing depository fees, other than quarterly custodial/safekeeping services, offset by the ECR.
DISCUSSION
In 2010 the City entered into a banking services contract with Bank of the West. The contract expired in August 2016 and was extended an additional five years via Resolution 2016/71 and has been maintained on a month-to-m onth basis since the formal contract expiration in 2021 due to the City obtaining a line of credit/installment sales agreement (“LOC”) from the bank for the Brackish Water Project which has now been paid off. Since the LOC has now been formally paid off, the City is in need of negotiating a new contract for banking services. City staff is recommending extending this contract for an additional five years for the following reasons:
Bank of the West has agr eed to honor the existing pric ing structure and increase the ECR from .70% to .75% for an additional five years, which means more credit earned to offset fees and additional serv ices with no additional financial impact beyond what the City has been budgeting for.
The City has not paid any banking services fees to Bank of the West since 2010, other than custodial/safekeeping services, due to the ECR provided to the City by Bank of the West. With B ank of the West increasing the ECR for the next five
Antioch City Council Report
April 25, 2023 Agenda Item #I 2
years, it is likely the fees will continue to be entirely offset or significantly covered by the ECR.
With this contract extension, custodial/safekeeping services can now be covered with ECR on the account, resulting in $5,500 a year savings to the City. City Finance staff are extr emely impressed and happy wit h the customer service provided since 2010. Bank of the West is very responsive to our needs and keeps in regular contact with staff about any new services they may assist the City with. It is an extremely arduous task for the City to change banking providers due to the volume of transactions processed and ACH and wire information the City has set up with the State and various vendors.
Due to increased regulatory requirement s for government banking, the field has significantly narrowed for those banks that provide banking services to government entities and Bank of the West has committed to continue serving government clients.
Below is a summary that outlines the potential monthly fees for Bank of the West that the City could be charged for (based on current volumes and will fluctuate) that is expected to be fully offset with account earnings :
Bank of
the West
General Services
$7,469.50
Deposit Services 89.71
Miscellaneous Services & Supplies 686.79
Account Reconciliation/Payee Positive Pay 241.21
Online Services 237.36
General ACH/Tax Services 440.88
EDS Services 189.63
Custodial/Safekeepin
g 458.33
Total Estimated Monthly Cost Banking Services $ 9,813.41 Total Estimated Annual Cost Banking Services $117,760.92 Total Estimated Five-Year Cost Banking Services $588,804.60
ATTACHMENTS
A. Resolution
ATTACHMENT A
RESOLUTION NO. 2023/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH APPROVING AN
EXTENSION OF THE BANKING SERVICES CONTRACT WITH BANK OF THE
WEST FOR A TERM OF FIVE YEARS
WHEREAS, the City currently utilizes Bank of the West for banking services;
WHEREAS, Bank of the West has agreed to extend the existing pricing structure with an increased ECR of .75% for an additional five years; and
WHEREAS, the City of Antioch desires to extend such contract subject to the terms as offered by Bank of the West.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby approves an extension of the banking services contract with Bank of the West for a term of five-years.
* * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 25th day of April 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
M
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of April 25, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: Resolution to Transition the City’s Vehicle Fleet to Zero-Emission and Hybrid Vehicles
RECOMMENDED ACTION
It is recommended that the City Council adopt the resolution to transition the City’s vehicle fleet to zero-emission and hybrid vehicles.
FISCAL IMPACT
The City has engaged Frontier Energy to develop a fleet transition study that includes determining the fiscal impact of transitioning the City’s fleet to zero-emission vehicles, which will include cost estimates. Staff plans to report to the City Council on options for transitioning to a zero-emissions fleet and the anticipated fiscal impact of this program within the next three months.
DISCUSSION
On September 23, 2020, California Governor Gavin Newsom signed executive order N - 79-20 stating “It shall be the goal of the State that 100 percent of in- state sales of new passenger cars and trucks will be zero-emission by 2035. It shall be a further goal of the State that 100 percent of medium and heavy-duty vehicles in the State be zero-emission by 2045 for all operations where feasible and by 2035 for drayage trucks. It shall be further a goal of the State to transition to 100 percent zero-emission off-road vehicles and equipment by 2035 where feasible.” The Governors executive order compels cities to transition to a zero- emission fleet. This resolution would codify the City of Antioch’s commitment to advancing toward that goal as soon as possible.
The City’s Vehicle Fleet
The City has more than 200 vehicles in its fleet including one (1) electric vehicle and eight (8) hybrid vehicles. The City’s fleet includes passenger cars, vans, trucks, and heavy - duty vehicles. The City has two (2) charging stations at the Water Treatment Plant for City use only and one (1) charging station at City Hall for the employee and public use.
City Council Direction and Action on Zero-Emission Vehicles At the January 25, 2022 city council meeting, the City Council directed staff to bring a policy back that would transition the City’s vehicle fleet from internal combustion engines (“ICE") to zero emission and hybrid vehicles.
Antioch City Council Report
April 25, 2023 Agenda Item #M 2
On June 28, 2022, the City published a Zero- Emission Vehicle Feasibility Assessment and Project Management Request for Qualifications (“RFQ”). The RFQ closed on July 21, 2022. The City received two complete and qualified RFQ responses. Frontier Energy was selected as the most qualified consultant meeting the needs of the City of Antioch as outlined in the scope of work of the RFQ.
At the September 13, 2022 city council meeting, the City Council approved a proposal from Frontier Energy to develop a zero-emission vehicles policy for the City of Antio ch.
Frontier Energy is assisting the City of Antioch in transitioning to zero emission vehicle fleet by analyzing the City’s existing vehicle fleet and develop a transition plan that includes (1) an infrastructure assessment, (2) phased implementation plan and technical reports; (3) c onstruction documents and technical specifications; (4) evaluation of existing vehicle maintenance facility; (5) citywide strategy for public and workplace charging at public facilities; and (6) City of Antioch ZEV Infrastructure Plan/Policy. Once the ZEV feasibility assessment is completed, staff w ill report to Council on the assessment and propose a draft zero emission vehicles policy for approval.
At the April 11, 2023, city council meeting, the City Council authorized the Acting City Manager to execute an agreement for the purchase of three (3) 2024 new-to-fleet hybrid or electric vehicles and up to twenty (20) 2024 hybrid or electric vehicle replacement vehicles utiliz ing cooperative purchase agreements for an amount of $1,843,897. If hybrid and electric vehicles are not available this year, the City Council provided authorization to purchase gas -powered replacement vehicles next year utilizing cooperative purchase agreements for an amount of $1,843,897.
Resolution Transitioning the City’s Fleet to Zero-Emissions and Hybrid Vehicles The proposed resolution directs staff to (1) report to the City Council quarterly on the design and implementation of an action plan and budget implications for transitioning the City’s vehicle fleet to zero-emission vehicles including installation of charging stations at all major City facilities with parking lots including City Hall, the Antioch Community Center, Prewett Water Park the Antioch Police Department, the Nick Rodriguez Community Center, the Senior Center, the Marina, Antioch Community Park, Antioch City Park, and the Maintenance Service Center; (2) immediately begin the procurement process for securing zero-emission vehicles, hybrid vehicles, and electric vehicle charging stations with currently budgeted funds; (3) require all future vehicle purchases by the City to be zero-emission vehicles and hybrid vehicles, unless otherwise approved by the Antioch City Council; and (4) pursue federal, state, and local grants as well as innovative funding options to expedite the transition of the City’s vehicle fleet to zero-emission vehicles.
Subsequent Review of Purchasing Ordinance
Successful transition to a zero- emission and hybrid fleet may require innovation in the City’s purchasing methods. The City Attorney is working with Public Works staff to examine the City’s existing purchasing or dinance and policies to determine how best to purchase zero- emission vehicles and facilitate transition of the City’s fleet to zero- emissions vehicles.
Antioch City Council Report
April 25, 2023 Agenda Item #M 3
ATTACHMENTS
A. Resolution
RESOLUTION NO. 2023/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH DIRECTING THE ACTING CITY MANAGER TO IMMEDIATELY BEGIN TRANSITION OF THE CITY’S
FLEET TO ZERO -EMISSION AND HYBRID VEHICLES AND DIRECTING THAT ALL
FUTURE VEHICLE PURCHASES BY THE CITY OF ANTIOCH BE ELECTRIC
VEHICLES, UNLESS OTHERWISE APPROVED BY THE ANTIOCH CITY COUNCIL
WHEREAS, the City of Antioch has committed to a goal of advancing environmental sustainability and transitioning the City’s fleet to zero-emission and hybrid vehicles will advance that goal;
WHEREAS, zero-emission electric vehicles (EVs) are clean fuel alternatives to internal combustion engine (ICE) vehicles , which include electric vehicles (EVs) and hydrogen fuel cell vehicles that have zero harmful tailpipe emission and are 98 percent cleaner than the average new model-year vehicle;
WHEREAS, electric vehicles are less costly to operate and maintain tha n gas powered vehicles;
WHEREAS, EVs require a lower cost of maintenance per mile that gas -powered vehicles;
WHEREAS, conversion of the City’s fleet to zero -emission vehicles will require installation of additional electric vehicle charging stations; WHEREAS, the City has considered the implications of converting the City’s fleet to electric vehicles and contracted with Frontier Energy to advance toward this goal; WHEREAS, conversion of the City’s fleet to zero- emission vehicles will require installation of additional electric vehicle charging stations; and WHEREAS, hybrid vehicles offer high fuel economy and low emission providing a temporary alternative to electric vehicles if the City is unable to procure a suitable electric vehicle replacement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby directs the Acting City Manager and City Attorney or designees as follows:
1. Report to the City Council quarterly on the design and implementation of an action plan and budget implications for transitioning the City’s vehicle fleet to zero- emission vehicles including installation of charging stations at all major City facilities with parking lots including City Hall, the Antioch Community Center, Prewett Water Park the Antioch Police Department, the Nick Rodriguez Community Center, the Senior Center, the Marina, Antioch Community Park, Antioch City Park, and the Maintenance Service Center;
2. Immediately begin the procurement process for securing zero -emission vehicles, hybrid vehicles, and electric vehicle charging stations with currently budgeted funds;
3. Require all future vehicle purchases by the City to be zero- emission vehicles and hybrid vehicles, unless otherwise approved by the Antioch City Council; and
4. Pursue federal, state, and local grants as well as innovative funding options to expedite the transition of the City’s vehicle fleet to zero-emission vehicles. * * * * * * * * *
I HE
REBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 25th day of April, 2023 by the following vote:
A
YES:
N
OES:
ABS
TAIN:
ABS
ENT:
___
________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
N
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE:
Regular Meeting of April 25, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Carlos Zepeda, Public Works Deputy Director
APPROVED BY: Scott Buenting, Acting Public Works Director
SUBJECT: Resolution to Approve an Increase to the Purchase Order for Lowe’s and to Add Lowe’s to the Recurring Purchase Order List
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:
1. Approving the increase to purchase order for Lowe’s Company in the amount of $25,000 for a total of $75,000 for invoices and purchases through the end of fiscal year 2022/23;
2. Approving the addition of Lowe’s Company to the Recurring Purchase Order list in the budget document in the amount of $75,000 for fiscal year 20 22/23 and as needed moving forward; and
3. Authorizing and directing the Acting City Manager or designee to execute the increase to purchase order.
FISCAL IMPACT
Adoption of this resolution will increase the purchase order for Lowe’s Company in the amount of $25,000 for a total of $75,000. Funding for this increase will be provided from various funding sources.
DISCUSSION
Various departments utilize Lowe’s Company on an as -needed and emergency basis to acquire supplies and materials necessary to perform essential activities . Staff is requesting an amendment to the existing purchase order to continue to purchase necessary items and t ools to complete work throughout the City. Lowe’s maintains two locations within the City of Antioch and is convenient and accessible to City staff.
ATTACHMENTS
A. Resolution
B. Sample Quote for Needed Materials
ATTACHMENT “A”
RESOLUTION NO. 2023/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING THE INCREASE TO THE PURCHASE ORDER FOR LOWE’S COMPANY AND APPROVING THE ADDITION OF LOWE’S COMPANY TO THE
RECURRING PURCHASE ORDER LIST AS NEEDED MOVING FORWARD
WHEREAS, various City d epartments utilize Lowe’s Company on a n as-needed and emergency basis to acquire supplies and materials necessary to perform essential activities; and
WHEREAS, the City Council has considered increasing the purchase order for Lowe’s Company in the amount of $25,000 for a total of $75,000;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch, hereby:
1. Approves the increase to purchase order for Lowe’s Company in the amount of $25,000 for a total of $75,000 for invoices and purchases through the end of fiscal year 22/23;
2. Approves the addition of Lowe’s Company to the Recurring Purchase Order list in the amount of $75,000 for fiscal year 22/23 and as needed moving forward; and
3. Authorizes and directs the City Manager or designee to execute the increase to purchase order.
* * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 25th day of April 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
__________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
O
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of April 25, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Forrest Ebbs, Acting City Manager
SUBJECT: Approval of Payment to Haight Brown & Bonesteel LLP for Legal Fees Incurred Under a Procedurally Invalid Contract
RECOMMENDED ACTION
It is r ecommended that the City Council approve a payment of $38,744.52 to Haight Brown & Bonesteel LLP for legal fees billed to the City by attorney Greg Rolen pursuant to a procedurally invalid contract dated November 4, 2022 , authorize the Acting City Manager to make the payment, and declare that no further work shall be perfo rmed pursuant to this contract.
FISCAL IMPACT
Beyond the noted amount of the expenditure ($38,744.52), this action will not have any additional material fiscal impact.
DISCUSSION
I. Background
On or about November 4, 2022, the City Manager Cornelius Johnson signed an agreement with Attorney Greg Rolen of Haight Brown & Bonesteel LLP (“Haight”) to provide legal services to the City concerning its internal investigation procedures (the “Agreement”) [Attachment A]. The Agreement was signed without the knowledge of the City Attorney and was not approved by the City Attorney as required by Antioch Resolution Number 2021/26. Therefore, the agreement is procedurally invalid.
Since that time, Haight has billed the City $38,744.52 for legal services purporte dly pursuant to the Agreement.
II. Analysis
The City cannot lawfully provide Haight with any compensation pursuant to a procedurally invalid contract. However, any failure to pay Haight for services rendered to the City could result in a claim for payment by Haight, further litigation expenses to the City, and potentially legal liability to the City.
Antioch City Council Report
April 25, 2023 Agenda Item #O 2
Therefore, i n order to avoid the risk of a legal claim by Haight – and corresponding litigation costs and potential liability – the City may lawfully provide Haight with payment for its legal services to the City pursuant to the Agreement, provided such payments are duly ratified by the City Council . If the City ratifies this payment, the City should also declare that no further work shall be undertaken under the invalid Agreement.
ATTACHMENTS
A. Procedurally invalid contract a greement between the City and Haight, to provide legal services to the City concerning its internal investigation procedures.
B. Haight billing to the City
ATTACHMENT A
Tax ID:
Client/Matter:
213.542.8000
ROLEN, GREGORY J.Billing Atty:
555 South Flower Street
Forty-Fifth Floor
Los Angeles, CA 90071
LAWYERS
213.542.8100
P.O. Box 17939
Los Angeles, CA 90017-0939
Bill Inquiries:
www. hbblaw.com
March 13, 2023
Telephone:
Dawn Merchant - Finance Director
CITY OF ANTIOCH
City Hall
PO Box 5007
Antioch, CA 94531
95-1605271
AN20-0000001
Facsimile:
[email protected]
3262024Invoice No.:
213.542.8074
$38,744.52
Total Amount Due on this Invoice
61-90 Days
$37,338.95$30,107.20 $0.00 $0.00
31-60 Days Over 120 Days0-30 Days
Aging of Past Due Amounts
$0.00
Total Past Due
$1,405.57
91-120 Days
Total Balance Now Due
$7,231.75
Invoice
Number
Invoice
Date
Matter
Number
Billing
Attorney
Invoice
Amount
Balance
Due
Account Statement
3260098 01/12/2023 0000001 01123 $30,107.20 $30,107.20
3261063 02/21/2023 0000001 01123 $7,231.75 $7,231.75
$37,338.95Total Outstanding Balance
ATTACHMENT B
3262024
Dawn Merchant - Finance Director
CITY OF ANTIOCH
City Hall
PO Box 5007
Antioch, CA 94531
Haight Brown & Bonesteel LLP
AN20-0000001
Invoice No.:
Client/Matter:
LAWYERS
555 South Flower Street
Forty-Fifth Floor
Los Angeles, CA 90071
www. hbblaw.com
P.O. Box 17939
Los Angeles, CA 90017-0939
213.542.8000Telephone:
Facsimile: 213.542.8100
Bill Inquiries: 213.542.8074
[email protected]
Tax ID: 95-1605271
Billing Atty: GREGORY J. ROLEN
March 13, 2023
BILLS ARE DUE AND PAYABLE UPON RECEIPT
THIS STATEMENT DOES NOT INCLUDE EXPENSES NOT YET RECEIVED BY THIS OFFICE
WHICH MIGHT HAVE BEEN INCURRED DURING THE PERIOD COVERED BY THIS BILLING L O S A N G E L E S ¨ O R A N G E C O U N T Y ¨ R I V E R S I D E ¨ S A C R A M E N T O ¨ S A N D I E G O ¨ S A N F R A N C I S C O $38,744.52
Total Fees This Invoice
$257.57
$1,405.57
Total Due Upon Receipt
Total Costs Advances This Invoice
Balance Carried Forward from Previous Invoice(s)
$1,148.00
Total Fees and Costs This Invoice
37,338.95
Representing: City of Antioch
Re: CITY OF ANTIOCH
City of Antioch - General Counsel Services
$
$
PROFESSIONAL SERVICES RENDERED through 02/28/2023
Date Description Attorney Hours
02/02/2023 0.30Teleconference with mayor regarding representation city manager
GJR
02/14/2023 0.90Teleconference with staff and update chronology in preparation for Board Meeting
GJR
02/14/2023 0.50Attend, virtual closed session GJR
02/15/2023 0.60Teleconference with mayor regarding Council meeting GJR 02/21/2023 0.50Compose email to the city Attorney GJR
2.80 $1,148.00
Total Hours
Total Fees This Invoice
2Page
Haight Brown & Bonesteel LLP
213.542.8000
City of Antioch - General Counsel Services
Re: CITY OF ANTIOCH
AN20-0000001
Invoice No: 3262024
Timekeeper Hours Rate Amoun t
1,148.00$410.002.80GREGORY J. ROLEN
2.80 1,148.00
3Page
Haight Brown & Bonesteel LLP
213.542.8000
City of Antioch - General Counsel Services
Re: CITY OF ANTIOCH
AN20-0000001
Invoice No: 3262024
Outside Printing
257.5701/24/2023 DOCUEVIDENCE INC. - Outside Printing
Outside PrintingTotal for 257.57
$257.57Total Costs Advanced This Invoice
4Page
Haight Brown & Bonesteel LLP
213.542.8000
City of Antioch - General Counsel Services
Re: CITY OF ANTIOCH
AN20-0000001
Invoice No: 3262024
$1,405.57Total Fees and Costs This Invoice
P.O. Box 17939
Los Angeles, CA 90017-0939
Facsimile:
LAWYERS
GREGORY J. ROLEN
March 13, 2023
213.542.8074
213.542.8000
February 28, 2023
213.542.8100
www. hbblaw.com
AN20-0000001
Invoice No.:
95-1605271
Client/Matter:
Bill Inquiries:
[email protected]
Tax ID:
PROFESSIONAL SERVICES RENDERED through
3262024
Billing Atty:
Haight Brown & Bonesteel LLP
P.O. Box 17939
Los Angeles, CA 90017-0939
Attn, Accounts Receivable
Haight Brown & Bonesteel LLP
555 South Flower Street
Forty-Fifth Floor
Los Angeles, CA 90071
Remit To:
Telephone:
Dawn Merchant - Finance Director
CITY OF ANTIOCH
City Hall
PO Box 5007
Antioch, CA 94531
$38,744.52
$37,338.95
$1,405.57
Balance Forward
Total Due U
pon Receipt
Total Fees and Costs This Invoice $
$
$
Total Fees This Invoice $ $1,148.00
$257.57$Total Costs Advanced This Invoice
L O S A N G E L E S ¨ O R A N G E C O U N T Y ¨ R I V E R S I D E ¨ S A C R A M E N T O ¨ S A N D I E G O ¨ S A N F R A N C I S C O
PLEASE RETURN THIS PAGE WITH YOUR REMITTANCE
3 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of April 25, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Forrest Ebbs, Acting City Manager
SUBJECT: Proposed Ordinance Amending Section 6-8.14 of the Antioch Municipal Code Regarding Restrictions on the Sale of Tobacco Products
RECOMMENDED ACTION
It is recommended that the C ity Council waive the first reading and introduce, b y title, the proposed ordinance amending t he Municipal Code regarding tobacco sale restrictions, attached as Attachment A.
The proposed changes would:
• Remove restrictions on tobacco products based on package size or price; and • Amend restriction on sale of tobacco products with characterizing flavor to clarify that restriction applies to any product containing a constituent that impa rts characterizing flavor.
FISCAL IMPACT
There is no anticipated direct or indirect fiscal impact as a result of this item.
DISCUSSION
At its March 16, 2023 regula r meeting, the Council considered comments from the public, in cluding owners of local retail stores, concerning the feasibility and impact of certain restrictions on the sale of tobacco products. Specifically, the Council considered comments regarding restrictions based on package size and price that were adopted on March 8, 2022 and effective December 14, 2022.
At the same time, the Council adopted prohibitions against the sale of f lavored tobacco products and e lectronic cigar ettes. The proposed ordinance would not affect these prohibitions.
The Council directed staff to return with an ordinance amend ing Section 6-8.14 of the Municipal Code to eliminate the restrictions based on pac kage size and price . Refer to Attachment A for the proposed revisions. The Council also provided direction regarding Antioch City Council Report
April 25, 2023 Agenda Item #3 2
the restrictions on the sale or transfer of tobacco businesses. Because that amendment would appl y to the Zo ning Code, it is subje ct to different procedures and will be presented to the Council for consideration a t a future meeting . The Planning Commission must first consider the amendment and offer a recommendation to the City Council.
In the attached ordinance, staff has included an addition al revision that would conform the text of the prohibition on flavored tobacco products to the original intent, and current interpretation, of the City’s prohibition. Additionally, this amendment will align the City’s prohibition with the St ate prohibition of the sale of tobacco products , which avoids potential confusion by local retailers and enforcement officials.
This revision clarif ies that the City prohibition applies to products containing a constituent or additive, o ther than tobacco, that imparts a characterizing f lavor. To the extent the current prohibitio n is understood to apply to tobacco products with added flavors, this amendment does not substantively change the prohibition.
ATTACHMENT
A. Draft ordinance
ORDINANCE NO. _____
AN O
RDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
AMENDING SECTION 6-8.14 OF THE ANTIOCH MUNICIPAL CODE REGARDING
RESTRICTIONS ON THE SALE OF TOBACCO PRODUCTS
T
he City Council of the City of Antioch does ordain as follows:
SEC
TION 1. AMENDMENT. Section 6-8.14 of the Antioch Municipal Code is amended as follows (additions in underline italics; deletions in double strikethrough):
§ 6
-8.14 RESTRICTIONS ON TOBACCO RETAILERS
A. N
o tobacco retailer shall sell, offer for sale, possess with the intent to sell, offer in exchange for any form of consideration, or provide at no cost any tobacco or tobacco product that contains a constituent or additive, other than tobacco, that imparts with a characterizing flavor.
B. N
o tobacco retailer shall sell, offer for sale, possess with the intent to sell, offer in exchange for any form of consideration, or provide at no cost any electronic cigarette or e-cigarette for use with tobacco or tobacco products.
C. N
o tobacco retailer shall sell, offer for sale, possess with the intent to sell, offer in exchange for any form of consideration, or provide at no cost any of the following:
(
1) Any package of fewer than twenty little cigars
(
2) Any package of fewer than six cigars
(
3) Any package of cigarettes, little cigars, or cigars at a price that is less than ten dollars per package, including applicable fees and taxes.
SEC
TION 2. SEVERABILITY. If any provision or part of this ordinance, or its application to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this ordinance, and the application of such provision to other person or circumstances, shall remain in full force and effect.
SEC
TION 3. PUBLICATION. This ordinance shall take effect and be enforced thirty (30) days from and after the date of its adoption and shall be published once within fifteen (15) days upon passage and adoption in a newspaper of general circulation printed and published in the City of Antioch.
* * *
* * * *
ATTACHMENT A
A1
2 I HEREBY CERTIFY that the forgoing ordinance was introduced at a regular meeting of the City Council of the City of Antioch on the 25th day of April, 2023, and adopted at a regular meeting thereof on the ____ day of ________ 2023, by the following vote:
A
YES:
N
OES:
ABS
ENT:
ABS
TAIN:
LAMAR A. THORPE
MAYOR OF THE CITY OF ANTIOCH
A
TTEST:
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
A2
4 Agenda Item #
S
TAFF REPORT TO THE CITY COUNCIL
DAT
E: Regular Meeting of April 25, 2023
T
O: Honorable Mayor and Members of the City Council
S
UBMITTED BY: Kwame P. Reed, Economic Development Director A
PPROVED BY: Forrest Ebbs, Acting City Manager
S
UBJECT: Formation of an Ad Hoc Committee for the Restructuring of the Economic Development Commission
RECOMMENDED ACTION
It is recommended that the City Council take the following actions:
1)
Determine if t he City Council wishes to form a n Ad Hoc Committee for the Restructuring of the Economic Development Commission for the purposes described in the resolution;
2) C
onfirm the appointment of two (2) members for the Ad Hoc Committee for the Restructuring of the Economic Development Commission;
3) C
onfirm the duration of the Ad Hoc Committee for the Restructuring of the Economic Development Commission; and
4) A
dopt the resolution form ing the Ad Hoc Committee for the Restructuring of the Economic Development Commission.
FISCAL IMPACT
The recommended action has no direct fiscal impact on City finances.
DI
SCUSSION
The Ad Hoc Committee for the Restructuring of the Economic Development Commission (“Committee”) would work with the City Manager, Economic Development Director, the existing members of the Economic Development Commission, and the CEO of the Antioch Chamber of Commerce on restructuring the Economic Development Commission (“EDC”). The Commit tee would provide a recommendation to the City Council that is based on the economic development goals and priorities of the City Council including but not limited to the findings and initiatives within the adopted “Reinvest Antioch” Economic Development Program . The Committee is also expected to discuss the number of
Antioch City Council Report
April 25, 2023, Agenda Item #4 2
members on the EDC and meeting frequency and make appropriate recommendations to the City Council.
AT
TACHMENT
A. Resolution
B. Chapter 12: Economic Development Commission of the Municipal Code
ATTACHMENT A
RESOLUTION NO. 2023/XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH TO FORM AN
AD HOC COMMITTEE FOR THE RESTRUCTURING OF THE ECONOMIC
DEVELOPMENT COMMISSION
FOR A PERIOD OF ___ MONTHS
WHEREAS, on March 28, 2023, the City Council directed staff and the City Attorney to draft a resolution establishing an Ad Hoc Committee for the R estructuring of the Economic Development Commission (the “Ad Hoc Committee”);
WHEREAS, the Ad Hoc Committee shall work with the City Manager, Economic Development Director, the existing members of the Economic Development Commission, and the CEO of the Antioch Chamber of Commerce on restructuring the Economic Development Commission (“EDC”) which may include but shall not be limited to the Commission’s purpose, functions, duties, and responsibilities;
WHEREAS, the Ad Hoc Committee shall discuss the economic development goals and priorities of the City Council including but not limited to the findings and initiatives within the adopted “Reinvest Antioch” Economic Development Program , the number of members on the EDC, and EDC meeting frequency; and
WHEREAS, the City Council plans to have the Ad Hoc Committee report back to the City Council prior to and upon its planned termination in ___ months on how the EDC has been restructured.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Antioch that:
1. _________________ and _________________ are appointed to the Ad Hoc Committee for the R estructuring of the Economic Development Commission, which shall work with the City Attorney or designee to draft an ordinance amending Chapter 12: Economic Development Commission of the Antioch Municipal Code; and
2. The Ad Hoc Committee shall report back to the City Council prior to and upon the ad hoc committee’s planned termination in ___ months.
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ATTACHMENT A
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 25th day of April 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
Antioch, CA Code of Ordinances
CHAPTER 12: ECONOMIC DEVELOPMENT COMMISSION
Section
3-12.01 Created
3-12.02 Duties
3-12.03 Membership
§ 3-12.01 CREATED.
There is hereby created within the city government an Economic Development Commission. (Ord. 1002-C-S, passed 1-28-03)
§ 3-12.02 DUTIES.
The Commission shall make recommendations to the City Council and staff regarding policies, regulations, marketing, development strategies and activities to retain and enhance the economic base of the community, and further, to articulate a vision of economic development with clearly-defined goals and objectives for the city during a rolling five-year horizon. (Ord. 1002-C-S, passed 1-28-03)
§ 3-12.03 MEMBERSHIP.
(A) The Council shall appoint the seven members of the Commission. At least five members shall be Antioch residents. Non-resident members shall own or operate a business in the city. (B) Members with backgrounds in commercial real estate, marketing or investment banking are strongly preferred. (C) The Antioch Chamber of Commerce shall recommend one member. (Ord. 1002-C-S, passed 1-28-03; Am. Ord. 2016-C-S, passed 6-10-08; Am. Ord. 2021-C-S, passed 1-27-09) Attachment B