Pacific Grove City Council
June 19, 2024

Attachments
Final SRO Contract
PGCC 6-19-24

1 AGREEMENT FOR SERVICES
THIS AGREEMENT (“Agreement”) is entered into on this 1st day of July 2024, by and between the PACIFIC GROVE UNIFIED SCHOOL DISTRICT (hereinafter referred to as “DISTRICT'" and the CITY OF PACIFIC GROVE, a municipal corporation (hereinafter referred to as "CITY").

WITNESSETH
WHEREAS, the DISTRICT desires to contract with the CITY for a specialized police service via a School Resource Officer (“SRO”).

WHEREAS, the DISTRICT and the CITY recognize the benefits of the SRO program to the students of Pacific Grove High School, Pacific Grove Community High School, Pacific Grove Middle School, Forest Grove Elementary School, Robert Down Elementary School, and Pacific Grove Adult School, all located within the City of Pacific Grove jurisdiction, as well as to the residents of Pacific Grove.

WHEREAS, the purpose of the School Resource Officer is to provide specialized police services to the DISTRICT including but not limited to:
a. Enhance a safe learning environment by helping reduce school violence, drug abuse, and protect against intruders on school campus; and
b. Improve school-law enforcement collaboration; and
c. Improve perception and relations between students, school staff, parents, and law enforcement officials.

WHEREAS, the CITY desires to contract with the DISTRICT to provide a School Resource Officer in the DISTRICT as defined in the Scope of Services attached hereto as Exhibit A and incorporated herein by this reference.

NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:

1. TERM
The Term of this Agreement shall be for one year commencing on July 1, 2024, through and including June 30, 2025, unless terminated pursuant to the terms of this Agreement.

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2 2. SCOPE OF SERVICES
The CITY shall provide SRO services to the DISTRICT pursuant to the terms of this Agreement and as described in Exhibit A.

3. COMPENSATION/SERVICE RATES
A. The DISTRICT agrees to pay the CITY a not-to-exceed amount of Eighty-Two Thousand Two-Hundred and Thirty Dollars ($89,664 ) for the SRO, for the Term as stated above.

B. The CITY shall provide a SRO, subject to DISTRICT approval of the individual so assigned to the DISTRICT for all of the regular instructional school days (180 school days) during the Term of this agreement, unless unable due to operational needs. In the event the individual selected to serve the DISTRICT as the SRO is not approved, this contract shall be null and void. For each nine (9) days of absence for any reason other than for training of an SRO from DISTRICT sites, the compensation to the CITY by the DISTRICT under paragraph 3A above shall be reduced by five percent (5%) by a credit on the next invoice from the City to the District.

C. Time spent by the SRO attending municipal, juvenile court, and/or criminal cases arising from and/or out of the SRO's services as an SRO shall be considered hours worked for the District and shall not be backfilled by the Department.

D. The CITY shall send the DISTRICT quarterly invoices in equal amounts at the beginning of each quarter for 25% of the total amount set forth in Section 3.A., above.

E. If any invoice is unpaid more than sixty (60) days after receipt, then the DISTRICT shall pay to the CITY the maximum interest rate permitted by law from the 60th day following the date such amount became due, until paid.

4. GENERAL ADMINISTRATION AND MANAGEMENT
A. The Pacific Grove Chief of Police shall have the primary administrative responsibility under this Agreement for the CITY. The Chief of Police or their designee shall consult with the Superintendent of the DISTRICT or designee on matters that pertain to this Agreement.

B. Any complaint against the SRO arising from his or her actions pursuant to this Agreement shall be directed to the Chief of Police and handled in the manner as prescribed by law or standing Department policy.

5. SUSPENSION/TERMINATION OF AGREEMENT
This Agreement may be terminated for any reason by either party upon thirty (30)-days written notice delivered as set forth in this Agreement. In the event of an action or omission on the part of the SRO assigned to the District that is a possible violation of District or law enforcement policies, protocols, and best practices, the District may request in writing an immediate removal and replacement of the assigned SRO pending an investigation of the matter and a determination by the District that the SRO had acted in accordance with District and law enforcement protocols. In the event that the CITY is unable or unwilling to replace the assigned SRO with PGCC 6-19-24

3 another member of the police force, the District shall have the right to immediately cancel and terminate this Agreement.

6. ASSIGNMENT
This Agreement may not be assigned or otherwise transferred by either party hereto without the prior written consent of the other party. The rights and duties herein shall be binding, and inure to the benefit of any successors, permitted assigns, and heirs of the parties.

7. HOLD HARMLESS
A. The CITY agrees to indemnify, defend, and save harmless the DISTRICT, its respective elected and appointed officials, officers, agents, and employees. from and against all claims, losses, actions, damages, expenses, and liabilities, including reasonable acts or omissions, to the extent to which those acts or omissions are related to the provisions of SRO services by the CITY under this Agreement in accord with the Scope of Services set forth in Exhibit A.

The CITY assumes workers compensation liability for injury or death of its elected and appointed officials, officers, agents, and employees, and assumes no worker's compensation responsibility for the elected and appointed officials, officers, agents, and employees of the DISTRICT.

B. The DISTRICT agrees to indemnify, defend, and save harmless the CITY. its respective elected and appointed officials, officers, agents, and employees, from and against all claims, losses, actions, damages, expenses, and liabilities, including reasonable acts or omissions arising from or related to performance of this Agreement, to the extent caused by the negligence or willful misconduct DISTRICT, its officers or employees when performing services within the Scope of Services set forth in Exhibit A.

C. Both parties shall maintain in force, at all times during the performance of this Agreement, a policy of insurance covering all of its operations (including public liability and property damage) naming the other party as an additional insured, with not less than $5,000,000.00 single limit liability and motor vehicle insurance, covering all motor vehicles (whether or not owned) used in providing services under this Agreement with a combined single limit of not less than $1,000,000.00. Notice in writing shall be given at least 30 days in advance of cancellation, reduction in coverage limit, or intended non-renewal of any policy. Insurance shall be provided by a company authorized by law to transact insurance business in the State of California. In addition, the CITY and the DISTRICT agree that the CITY and the DISTRICT may self-insure against any loss or damage, which could be covered by a comprehensive general public liability insurance policy and may also obtain coverage through an insurance pool.

D. Policies shall also be endorsed to provide such insurance as primary insurance and that no insurance of an additional insured shall be called on to contribute to a loss covered by insurance. Any insurance required of either party to this Agreement may be provided by a plan of self-insurance and/or a public entity risk-sharing agreement at the option of the party.

8. INSURANCE AND WORKER'S COMPENSATION
The DISTRICT certifies that it is aware of the provisions of the Labor Code of the State of California which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and PGCC 6-19-24

4 it certifies that it will comply with such provisions before commencing performance under this Agreement. CITY agrees to provide all necessary workers' compensation insurance for any and all CITY employees, including, but not limited to any employee providing SRO services to DISTRICT as contemplated by this Agreement, at CITY'S own cost and expense.

9. NOTICES
Any notice to be given to the parties hereunder shall be addressed as follows (until notice of a different address is given to the parties):

DISTRICT: Dr. Linda Adamson, Superintendent,
Pacific Grove Unified School District
435 Hillcrest Avenue
Pacific Grove, CA 93950
CITY: Brian Anderson, Commander
Pacific Grove Police Department
580 Pine Avenue
Pacific Grove. CA 93950
Any and all notices or other communications required or permitted relative to this Agreement shall be in writing and shall be deemed duly served and given when personally delivered to either of the parties, the DISTRICT or the CITY, to whom it is directed: or in lieu of such personal service, when deposited in the United States mail, first class, postage prepaid, addressed to DISTRICT or CITY at the addresses set forth above.

Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided for in the preceding paragraph.

10. VENUE
CITY and DISTRICT hereby agree to make good faith efforts to resolve disputes as quickly as possible. Should either party to this Agreement bring legal action against the other, (formal judicial proceeding, mediation, or arbitration), venue shall be handled in Monterey County, California.

11. AGREEMENT CONTAINS ALL UNDERSTANDINGS, AMENDMENT
This document represents the entire and integrated Agreement between the DISTRICT and the CITY and supersedes all prior negotiations, representations, and agreements either written or oral. This Agreement may be amended or modified only by a written instrument signed by both parties.

12. GOVERNING LAW
This Agreement shall be governed by the laws of the State of California.

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5 13. WAIVER
Any waiver of any terms and conditions of this Agreement must be in writing and signed by the CITY and the DISTRICT. A waiver of any of the terms and conditions of this Agreement shall not be construed as a waiver of any other terms or conditions in this Agreement.

14. INTERPRETATION OF CONFLICTING PROVISIONS
In the event of any conflict or inconsistency between the provisions of this Agreement and the Provisions of any exhibit or other attachment to this Agreement, the provisions of this Agreement shall prevail and control.

15. HEADINGS
The headings are for convenience only and shall not be used to interpret the terms of this Agreement.

16. NON-EXCLUSIVE AGREEMENT
This Agreement is non-exclusive and both the CITY and the DISTRICT expressly reserves the right to contract with other entities for the same or similar services.

17. CONSTRUCTION OF AGREEMENT
The CITY and the DISTRICT agree that each party has fully participated in the review and revision of this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendment to this Agreement.

18. COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single Agreement.

19. SEVERABILITY
If any term of this Agreement is held invalid by a court of competent jurisdiction the remainder of this Agreement shall remain in effect.

IN WITNESS WHEREOF, the parties have executed this Agreement on the date first hereinabove written.

PACIFIC GROVE UNIFIED SCHOOL DISTRICT
_____________________________ __________________
Dr. Linda Adamson, Superintendent Date

CITY OF PACIFIC GROVE
____________________________ __________________
Bill Peake, Mayor Date
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6 ___________________________ __________________
Brian Anderson, Commander Date

APPROVED AS TO FORM
____________________________ _________________
Brian A. Pierik, City Attorney Date

APPROVED AS TO LIABILITY PROVISIONS
_______________________________ ____________________
Tori Hannah, Admin. Services Director Date
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7 EXHIBIT A

SCOPE OF SERVICES, RESPONSIBILITIES, DUTIES
Under the supervision of the Chief of Police of the City of Pacific Grove or his or her designee, the following Articles shall express the Scope of Services, responsibilities, and duties of the parties.

ARTICLE I
Rights and Duties of the CITY -
The CITY shall provide a School Resource Officer (SRO) as follows:

1. School Resource Officer
A. The CITY shall assign one regularly assigned police officer to the DISTRICT with the responsibility to provide SRO services to the following schools: Pacific Grove High School, Pacific Grove Community High, Pacific Grove Middle School, Forest Grove Elementary School, Robert Down Elementary School, and Pacific Grove Adult School.

B. The immediate duties and supervision of the SRO shall reside with the Pacific Grove Police Department, which shall perform scheduled and non-scheduled visits to the schools.

2. Regular Duty Hours of the SRO
A. During the Term, the SRO shall be assigned to the schools on a full-time basis, eight hours, per school day, with a half hour break for lunch. The SRO will rotate time amongst all of the aforementioned schools within the DISTRICT. The time allotted to each school site shall be determined by the DISTRICT after collaboration with the Department.

B. When school is closed due to in-service training, the SRO, if invited by a school or DISTRICT administrator(s), may attend the in-service training.

C. During extended periods when schools are not in session, the SRO will be assigned as needed by their CITY supervisor.

D. The CITY will ensure the SRO makes it a priority to schedule time off for vacations and floating holidays during periods when school is not in session, as much as possible.

E. In the event the SRO must take time off during the time school is in session, such time must be authorized by the SRO's police supervisor. The SRO or Department Watch Commander shall also notify the District Superintendent or designee of the impending absence. Such time off shall be backfilled by the Department utilizing on duty patrol personnel. Such coverage will be provided from regular patrol officers and will not represent an onsite presence.

F. The SRO may be temporarily reassigned by the Police Department during a law enforcement emergency. Time spent on a law enforcement emergency shall not be backfilled by the Department. The SRO or Department Watch Commander shall also notify the District Superintendent or designee of the impending absence.

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8 G. The SRO may be required to participate in mandatory police training necessary to maintain the SRO's proficiency. Time spent on mandatory police training that is not specific to the position of SRO shall be backfilled by the Department, utilizing on duty patrol personnel, when available. Such coverage will be provided from regular patrol officers and will not represent a dedicated presence.

H. The SRO or Department Watch Commander shall also notify the District Superintendent or designee of all absences within a reasonable amount of time.

I. Whenever the assigned SRO is to be absent, the Chief of Police or Department Watch Commander shall make a reasonable effort to ensure that on-duty officers will take responsibility for the schools and that there will not be a dedicated presence on school campuses.

J. Training specific to the position of SRO shall be considered hours worked for the District and shall not be backfilled by the Department.

3. Duties, Obligations, and Procedures of the SRO
The SRO shall:

A. Wear the established Pacific Grove Police Department patrol uniform including safety equipment designed for use by sworn field personnel pursuant to the Pacific Grove Police Department's policy manual. Special uniforms or "plain clothes" may be worn for special circumstances as approved by the Police Chief or designee B. Monitor the police radio frequency when on and off campus as well as be available by the Department-issued cellular phone.

C. Make classroom presentations when only requested by a school or DISTRICT administrator.

D. Participate in discussions during class to establish rapport with students, only when requested by school administrator or Superintendent or designee.

E. Take appropriate law enforcement action as required by law and the policies and procedures of the Police Department.

F. Within the bounds of applicable law, will notify the school principal, DISTRICT Safety Director, Superintendent, or designee as soon as practical of any violations or actions that impact school discipline, order, or safety provided that it will not potentially interfere with an ongoing criminal investigation. The SRO shall adhere to Police Department Procedures, and Policies, and legal requirements.

G. Shall not enact any program with the school without obtaining prior permission, advice and guidance from the District Safety Director and school administrators.

H. Be familiar with DISTRICT policies and regulations related to safety and student conduct and discipline issues, including the DISTRICT'S Code of Conduct.

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9 I. The SRO shall not be used for regular assigned lunch room duties, hall monitoring or other monitoring duties. The SRO may be requested by the site administration to assist the school in maintaining a safe environment for students and staff whether the threat is internal or external based on the circumstances.

J. Work to develop rapport with students and a working relationship with student organizations, faculty, staff members, DISTRICT administrators, parents and community members.

K. Coordinate efforts with campus supervisory personnel, i.e., campus supervisors, hall monitors, and security personnel.

L. Every effort will be made by the SRO to maintain detailed, accurate and up to date records as required by the CITY Pursuant to Public Records Act (Gov. Code§§ 6250, et. seq.) any responsive records maintained by the SRO may be accessible to the DISTRICT upon written request.

M. The Department shall periodically provide the DISTRICT with disaggregated data on student interactions with SRO’s. Such report may include the number of arrests and referrals for prosecution, the number of reports provided to the school or district regarding student misconduct, or other actions taken by SRO’s with respect to individual students or others on campus. Pursuant to Public Records Act (Gov. Code§§ 6250, et. seq.) N. Attend, whenever possible, school and DISTRICT in-service training at the invitation of the District Safety Director, Superintendent or designee, or school administrator/principal.

O. Respond appropriately to issues of racial bias in accordance with PGPD departmental policy.

P. Become knowledgeable about restorative justice techniques; special accommodations for students with disabilities; practices proven to improve school climate; Big Five Safety Protocols, multi-tiered systems of support (MTSS), and the creation of safe spaces for lesbian, gay, bisexual, transgender, and questioning students.

Q. Will be trained on their role within the DISTRICT’S schools and on the rights afforded to students under the laws of the State and by DISTRICT policies, regulations, and procedures.

R. The SRO will work collaboratively with the district to build a “Culture of We” in which all students feel a strong sense of Belonging, Safety, & Prosperity.

S. District will provide training to the SRO in areas that focus and/or aligned with DISTRICT initiatives such as cultural proficiency.

T. Work cooperatively with DISTRICT to address problems within the DISTRICT as well as work proactively with all law enforcement agencies that service the DISTRICT'S community.

U. Upon request, attend parent, faculty, student, administration, and other meetings to provide information regarding the SRO program and provide opportunities for involvement and support, when available.

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10 V. Inform school administrators of any concerns or issues related to mental health, drug use, bullying, etc. involving students of which they may have specific knowledge provided it does not interfere with a criminal investigation or violate privacy rights.

W. Maintain confidentiality of any and all information obtained in confidence and not disclose the information except as provided by the law or court order. The District remains in direct control of the use, maintenance, and disclosure of student records in accordance with Education Code section 49076 and other applicable provisions of law.

X. Maintain confidentiality of DISTRICT records and information in accordance with DISTRICT policies.

Y. Perform other duties which will promote the purposes of the SRO program, and which are mutually agreed upon by the DISTRICT and CITY.

Z. Any additions to the above duties must be mutually agreed in writing upon by the CITY'S Chief of Police, the DISTRICT Superintendent, or their designee.

AA. Sign in at all school sites in the main office, with the time, date and purpose, so as to support the DISTRICT in maintaining metrics of efficiency.

ARTICLE III
The DISTRICT shall provide to the full-time SRO the following materials and facilities which are deemed necessary to the performance of the SRO program.

1. The DISTRICT shall provide a private office for the SRO to conduct matters of confidential business and shall provide the SRO with access to records which are deemed necessary by the DISTRICT, as permitted by law. The SRO shall maintain confidentiality of the records in accordance with law.

2. The SRO shall not have access to student records, nor release information to another person, agency, or organization, without the written permission from the parent/guardian or adult student, unless specifically allowed or required by state and/or federal law. The SRO shall not solicit or collect information or documents regarding the citizenship or immigration status of students or their family members or provide assistance with immigration enforcement at district schools, except as may be required by state and/or federal law.

3. The DISTRICT shall provide a desk, filing cabinet with locking system and office furniture for use of the SRO.

4. Within legal requirements of confidentiality, the DISTRICT shall provide information regarding students or adults who are not supposed to be on or near the campus.

ARTICLE IV
Appropriations -
The obligations of each party under this Agreement are contingent upon adequate funds for that purpose being budgeted, appropriated, and otherwise made available.

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11 ARTICLE V
Employment Status of School Resource Officer -
The SRO shall remain an employee of the CITY at all times while providing SRO services to the DISTRICT and shall not be an employee of the DISTRICT. The DISTRICT and CITY acknowledge that the SRO is a law enforcement officer who shall uphold the law under the direct supervision and control of the Pacific Grove Police Department. The SRO shall remain responsive to the chain of command of the Pacific Grove Police Department.

The SRO shall be accountable to the Principal(s) of the school(s) for their behavior or conduct while at the school. The Superintendent or designee has the rights and responsibilities to report any alleged misconduct, non-compliance with the DISTRICT'S policies or other questionable behavior on the part of the SRO to the Chief of Police or to the Police Commander of the Pacific Grove Police Department.

Such reports shall be made in writing unless circumstances dictate making such reports in person or by phone.

ARTICLE VI
The Chief of Police will ensure the SRO is a full time, certified police officer with the Pacific Grove Police Department and meets any relevant education, training and experience requirements as determined by the Department.

ARTICLE VII
Dismissal of School Resource Officer; Replacement –

1. In the event that the Superintendent or designee, District Safety Director, and/or Principal(s) of the schools in the Pacific Grove Unified School DISTRICT believe the SRO is not effectively performing their duties and responsibilities, the Superintendent may recommend to the Police Commander of the Pacific Grove Police Department the police officer who is assigned as the SRO be removed from the program, and shall state the reasons therefore, in writing. The Commander shall, within a reasonable amount of time, notify the Chief of Police of their recommendation. The Chief of Police, and/or designee shall meet with the DISTRICT Superintendent or designee to mediate or resolve any problems which may exist. If, within reasonable amount of time after the being informed of the issue, the problem is not resolved, the police officer assigned to the SRO position can be prohibited by the District from conducting the duties of an SRO on District campuses. .

2. In the event of resignation, dismissal, or reassignment of the SRO, the Police Department shall attempt to provide a permanent replacement for the SRO as soon as practical contingent on departmental staffing. The DISTRICT shall have the right to approve the new SRO; if a suitable replacement cannot be found, the DISTRICT shall have the right to suspend the contract.

3. In the event of egregious misconduct, the Superintendent shall have the right to prohibit the SRO from conducting the duties of an SRO on District campuses. The DISTRICT shall inform the Chief of Police or Watch Commander of any such action taken. In this event, unless a suitable substitute is assigned as the SRO, the DISTRICT’s obligations under this Agreement to make payment to the City shall be suspended.

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Agenda No. 9 B

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Lori Frati, Finance Manager
MEETING DATE: June 19, 2024
SUBJECT: Amended Agreement with HdL Companies for Sales Tax, Business Licenses, and TOT Collection and Compliance Services.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION

1. Authorize the Mayor to sign an amendment to the existing agreement with HdL companies for a 1 year extension to June 30, 2025 (renewable for an additional 1 year thereafter) in the amount not to exceed $60,000 for the following:

Sales, Use and Transactions Tax Auditing and Information Services; Business License Tax Operations and Compliance Services; Transient Occupancy Tax Operations Management Services; and

2. Alternatively, discuss and take other action related to this item.

DISCUSSION
In 2015, The City of Pacific Grove entered into a contract with HdL Companies for Business License Tax Services. This included database management, account processing, on-line filing and payment processing for businesses, and a business support center.

In 2016, The City entered into a contract with HdL Companies for Sales Tax Services and Transient Occupancy Tax Services. The HdL Companies Sales Tax Services include: Database management, quarterly reporting by individual businesses and categories; working with the State on tax allocation reviews, and assisting with budgetary projections. Their Transient Occupancy Tax (TOT) Services include: database management, reporting, account processing, on-line filing and payment processing, customer support, compliance monitoring and annual reporting.

In 2020, Council approved a two-year contract with HdL Companies that included all three services:

Sales Tax Services, Business License Tax Services, and Transient Occupancy Tax Services. The consolidation of the contract to include all three services and successful negotiations reduced the annual base cost for services by 32%.

On July 1, 2022, the City entered into a short-term contract with HdL Companies in an amount not to exceed $39,000. In October 2022, the agreement was amended through June 30, 2023, with an annual cost not to exceed $60,000. In July 2023, the City extended the agreement for an additional year with an expiration date of June 30, 2024. Staff is recommending a third amendment to the contract based on the PGCC 6-19-24

expiration date of June 30, 2024. Staff is recommending a third amendment to the contract based on the unique services offered by HdL and department's reduced staffing situation. The Administrative Services Department is in the process of recruiting and hiring three regular positions, with one position filled with a temporary 30-hour staff person. Due to the shortage of staff, it would be challenging to effectively migrate and validate the City's data to a new vendor platform.

To assess HdL service levels, the City conducted a Customer Service Survey within the business community in 2021. The City also plans to take advantage of their business license compliance review services.

The proposed contract amendment will include the contract term and amount; and will require the Mayor's signature. A copy of the amendment is attached for reference, with the scope of services retained in the original agreement.

Extend the contract term to June 30, 2025, with an option to extend it for an additional year. (The option to extend beyond 2025 would require additional Council approval).

If approved, staff will prepare the amendment based on the information listed above. There are no other changes proposed to the agreement.

OPTIONS

1. Take no action

2. Provide alternate direction.

FINANCIAL IMPACT:

The funds to support this agreement are included in the FY 24/25 budget.

FOCUSED PRIORITY AREA: Not Applicable.

Attachments
HDL Agreement July 2022
HdL Agreement Amendment No. 3
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AMENDMENT #3

VENDOR SERVICES AGREEMENT WITH HDL COMPANIES
WHEREAS, the City of Pacific Grove (“City”) and Hdl Companies (“Contractor”) entered into a Professional Services Agreement (“Agreement”) effective July 1, 2022; and WHEREAS, the City and Contractor entered into Amendment #1 signed by the City on October 31, 2022 to continue the Agreement in full force and effect through June 30, 2023 and provided that upon mutual written agreement, the terms of the Agreement can be extended annually for an additional one (1) year period, or longer as the parties agree; and
WHEREAS, the City and Contractor entered into Amendment #2 signed by the City on July 26, 2023 to continue the Agreement in full force and effect through June 30, 2024 and provided that upon mutual written agreement, the terms of the Agreement can be extended annually for an additional one (1) year period, or longer as the parties agree; and
WHEREAS, the City and Contractor desire to amend certain terms of the Agreement; NOW, THEREFOR, the parties agree as follows:

A. The Agreement is amended as follows:

1. Term. Unless terminated in accordance with Section 8 with the Agreement, the Agreement will continue in full force and effect through June 30, 2025. Upon mutual written agreement, the term of this Agreement can be extended annually for additional one (1) year period, or longer as the parties agree.

2. Payment. The total amount of money paid to the Contractor for the Services initially contemplated by the Agreement shall not exceed the sum of $60,000 annually unless otherwise first approved in writing by the City.

B. All other terms of the Agreement remain the same.

CITY OF PACIFIC GROVE CONSULTANT
By: By:

City Mayor Consultant
Date: Date:

By:

Department Head
Date:

By:

Finance/Risk Management
Approved As To Form: City Attorney
Date : ________________
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AMENDMENT #2

VENDOR SERVICES AGREEMENT WITH HDL COMPANIES
WHEREAS, the City of Pacific Grove (“City”) and Hdl Companies (“Contractor”) entered into a Professional Services Agreement (“Agreement”) effective July 1, 2022; and WHEREAS, the City and Contractor entered into Amendment #1 signed by the City on October 31, 2022 to continue the Agreement in full force and effect through June 30, 2023 and provided that upon mutual written agreement, the terms of the Agreement can be extended annually for an additional one (1) year period, or longer as the parties agree; and
WHEREAS, the City and Contractor desire to amend certain terms of the Agreement; NOW, THEREFOR, the parties agree as follows:

C. The Agreement is amended as follows:

1. Term. Unless terminated in accordance with Section 8 with the Agreement, the Agreement will continue in full force and effect through June 30, 2024. Upon mutual written agreement, the term of this Agreement can be extended annually for additional one (1) year period, or longer as the parties agree.

2. Payment. The total amount of money paid to the Contractor for the Services initially contemplated by the Agreement shall not exceed the sum of $60,000 annually unless otherwise first approved in writing by the City.

D. All other terms of the Agreement remain the same.

CITY OF PACIFIC GROVE CONSULTANT
Bill Peake
By: Bill Peake (Aug 1, 2023 14:44 PDT) By: Andrew Nickerson (Jul 26, 2023 08:35 PDT) City Mayor Consultant
Date: Aug 1, 2023 Date: Jul 26, 2023
By:

Department Head
Date: Jul 26, 2023
By:

Finance/Risk Management
Approved As To Form: Brian Pierik Brian Pierik (Aug 1, 2023 15:00 PDT) City Attorney
Date: Aug 1, 2023
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10/31/2022 10/24/2022
DocuSign Envelope ID: AE6DBD77-60A0-40C0-AC5C-72C58225A56F AMENDMENT # 1

VENDOR SERVICES AGREEMENT WITH HDL COMPANIES
WHEREAS, the City of Pacific Grove (“City”) and HdL Compaines (“Contractor”) entered into a Professional Services Agreement (“Agreement”) effective July 1, 2022; and WHEREAS, the City and Contractor desire to amend certain terms of the Agreement; NOW, THEREFORE, the parties agree as follows:

A. The Agreement is amended as follows:
a. Term. Unless terminated in accordance with Section 8 within the AGREEMENT, the AGREEMENT will continue in full force and effect from the Effective Date through June 30, 2023. Upon mutual written AGREEMENT, the term of this AGREEMENT can be extended annually for an additional one (1) year period, or longer as the parties agree.
b. Payment. The total amount of money paid to the VENDOR, for the Services initially contemplated by this AGREEMENT, shall not exceed the sum of $60,000 annually unless otherwise first approved in writing by the City.

B. All other terms of the agreement remain the same.

CITY OF PACIFIC GROVE HDL COMPANIES
By: By:

City Mayor Andrew Nickerson, President
By:

Department Head
By:

Finance/Risk Management
By:

City Attorney
10/24/2022
10/31/2022
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DocuSign DocuSign Envelope Envelope ID: AE6DBD77 68E23627-421E -60A0-4257 -40C0-B11B -AC5C-2615ED0CC280 -72C58225A56F Vendor Services Agreement 07.19.2022

CITY OF PACIFIC GROVE

VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT (“Agreement”) is made and effective July 1, 2022, by and between the City of Pacific Grove, a municipal corporation (“City”), and HdL Companies (“VENDOR”).

City wishes to retain the services of an experienced and qualified VENDOR to provide:

1. Sales, Use and Transactions Tax Auditing and Information Services

2. Business License Tax Operations and Compliance Services

3. Transient Occupancy Tax Operations Management Services (“Services”). VENDOR represents and warrants that it is qualified to perform those Services. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
Unless terminated in accordance with Section 8 below, the AGREEMENT will continue in full force and effect from the Effective Date through October 31, 2022. Upon mutual written AGREEMENT, the term of this AGREEMENT can be extended annually for an additional one (1) year period, or longer as the parties agree.

2. SCOPE OF SERVICES
VENDOR will provide the Services listed in the Scope of Services attached hereto as Exhibit A. VENDOR warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner.

3. PERFORMANCE
a. VENDOR shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all tasks described herein. VENDOR shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of VENDOR hereunder in meeting its obligations under this Agreement.
b. VENDOR shall obtain a valid City Business License and shall maintain said Business License for the term of this Agreement and any extensions. c. VENDOR shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by VENDOR or in any way affect the performance of its Services pursuant to this Agreement. VENDOR shall at all times observe and comply with all such laws and regulations. City, and its officers, PGCC 6-19-24

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employees, and agents shall not be liable at law or in equity occasioned by failure of VENDOR to comply with this Section.
d. VENDOR agrees that in the performance of this Agreement or any sub-agreement hereunder, neither VENDOR nor any person acting on VENDOR’s behalf shall refuse to employ or refuse to continue in any employment any person or discriminate on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, genetic information, marital status, sexual preference, sex, gender identity, gender expression, military or veteran status or age. Harassment in the workplace is not permitted in any form. VENDOR further agrees to comply with all laws with respect to employment when performing this Agreement.
e. VENDOR shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached to and part of this Agreement.
f. VENDOR declares and warrants that no undue influence or pressure is used against or in concert with any officer, employee or agent of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial agreement or financial inducement. No officer, employee, or agent of City will receive compensation, directly or indirectly, from VENDOR, or from any officer, employee or agent of VENDOR, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to any and all remedies at law or in equity.

4. CITY MANAGEMENT
The City Manager, or designee, shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by VENDOR, but not including the authority to enlarge the Scope of Work or change the compensation due to VENDOR. The City Manager shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Scope of Work or change VENDOR’s compensation, subject to Section 6 hereof.

5. PAYMENT
a. For Services rendered pursuant to this AGREEMENT, VENDOR shall be paid in accordance with the Payment Schedule attached hereto as Exhibit B, provided, however, that in no event will the total amount of money paid the VENDOR, for the Services initially contemplated by this AGREEMENT, exceed the sum of $39,000 unless otherwise first approved in writing by the City. b. The City Manager’s contract authority is limited to $39,999.99, which includes all costs. Contracts, including any contract amendments that exceed the total threshold, PGCC 6-19-24

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require City Council approval. Any contracts, including contract amendments that exceed the total threshold, which do not have City Council approval, shall be void. c. VENDOR shall submit invoices monthly for actual Services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for Services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If City disputes any of VENDOR’s fees, it shall give written notice to VENDOR within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

6. INSPECTION
City shall at all times have the right to inspect the work and materials. VENDOR shall furnish all reasonable aid and assistance required by City for the proper examination of the work and all parts thereof. Such inspection shall not relieve VENDOR from any obligation to perform said work strictly in accordance with the specifications or any modifications thereof and in compliance with the law.

7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. City may at any time, for any reason, without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon VENDOR at least thirty (30) days prior written notice. Upon receipt of said notice, VENDOR shall immediately cease all work under this Agreement, unless the notice provides otherwise. If City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, City shall pay to VENDOR the actual value of the Services performed up to the time of termination, provided that the Services performed are of value to the City. Upon termination of the Agreement pursuant to this Section, VENDOR shall submit an invoice to City pursuant to Section 6.c.

8. DEFAULT OF VENDOR/FORCE MAJEURE
a. VENDOR’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that VENDOR is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating VENDOR for any Services performed after the date of default and can terminate this Agreement immediately by written notice to the VENDOR. If such failure by the VENDOR to make progress in the performance of Services hereunder arises out causes beyond the VENDOR’s control, andwithoutfault or negligence oftheVENDOR,itshall not be considered a default. b. If the City Manager or designee determines VENDOR is in default in the performance of any of the terms or conditions of this Agreement, they shall cause to be served upon VENDOR a written notice of the default. The VENDOR shall have ten (10) days after PGCC 6-19-24

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Confidentiality and Warranty; Records.
service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event VENDOR fails to cure its default within such period of time or fails to present City with a written plan for the cure of the default, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

9. OWNERSHIP OF DOCUMENTS
a. VENDOR shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of Services under this Agreement. VENDOR shall maintain adequate records of Services provided in sufficient detail to permit an evaluation of Services.

All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. VENDOR shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records at VENDOR’s office; shall permit City to make copies and transcripts there from as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. If there is a substantial billing deviation adverse to City, then the cost of an audit shall be borne by CONSULTANT. Such records, together with supporting documents, shall be maintained at City Hall for a minimum period of five (5) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the Services to be performed pursuant to this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of VENDOR. With respect to computer files, VENDOR shall make available to City, at City’s office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

Consultant will comply with the requirements of the applicable laws, ordinances and/or regulations of which it has been informed by Client pursuant to Section 5.1 concerning the confidentiality of tax records.

As used herein, the term “proprietary information” means all information, techniques, processes, services or material that has or could have commercial value or other utility in Consultant’s Business, including without limitation: Consultant’s (i) software, computer or data processing programs; (ii) data processing applications, routines, subroutines, techniques or systems; (iii) desktop or web-based software; (iv) audit, tax or fee collection/administration or business processes, methods or routines; (v) marketing plans, analyses and strategies; and (vi) PGCC 6-19-24

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materials, techniques and intellectual property used. Except as otherwise required by law, Client must hold in confidence and may not use (except as expressly authorized by this Agreement) or disclose to any other party any proprietary information provided, learned of or obtained by Client in connection with this Agreement.

All documents, preliminary drafts, communications and any and all other work product related to the Services and provided by Consultant to Client either in hard copy or electronically are the property of Client. This does not include any software, programs, methodologies or systems used in the creation of such work product, nor does it include any drafts, notes or internal communications prepared by Consultant in the course of performing the Services that were not otherwise provided to Client in either hardcopy or electronic form, all of which may be protected by Consultant or others’ copyrights or other intellectual property. It is possible that any documents, drafts, communications or other work product provided to Client may be considered public records under applicable law and/or may be discoverable through litigation. Consultant may publicly state that it performs the Services for Client.

Subject to applicable law, Consultant is responsible for retaining all final documents and other final work product related to the Services for a period of not less than three (3) years from the date provided to Client. Retention of any other documents, preliminary drafts, communications and any and all other work product provided to Client by Consultant is the responsibility of Client.

Consultant has no responsibility to retain any drafts, notes, communications, emails or other writings created or received by Client in the course of performing the Services (other than the final documents and other final work product related to the Services and provided to Client for the term of years referenced above).

10. RECORD AUDIT
In accordance with Government Code, Section 8546.7, for expenditures of greater than $10,000, records of both City and VENDOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

11. INDEMNIFICATION
VENDOR shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, employees, agents, and volunteers (collectively, City) from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with VENDOR’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and VENDOR, or should City otherwise find VENDOR’s legal counsel unacceptable, then VENDOR shall reimburse the City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The VENDOR shall promptly pay any final judgment rendered against the City (and its officers, employees, agents and volunteers) with respect to claims determined by a trier of fact to have been the result of the PGCC 6-19-24

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VENDOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

VENDOR obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by City. However, without affecting the rights of City under any provision of this agreement, VENDOR shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of VENDOR will be for that entire portion or percentage of liability not attributable to the active negligence of City.

No City officer, employee or agent shall be personally liable to VENDOR, in the event of any default or breach by City or for any amount that may become due to VENDOR.

Except as provided in Section 11, Indemnification, in no event will VENDOR be liable for any lost revenues or lost profits, or any special, incidental, or consequential damages of any nature. VENDORS’s duty to indemnify and hold harmless CITY shall not apply to claims for liability which arise from the issuance or non-issuance of any registration, license or permit.

12. INSURANCE
Without limiting VENDOR’s indemnification of City, and prior to commencement of work, VENDOR shall obtain, provide, and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described in Exhibit C and in a form that is satisfactory to City.

13. INDEPENDENT CONTRACTOR
a. VENDOR is and shall at all times remain as to City a wholly independent contractor.

The personnel performing the services under this Agreement on behalf of VENDOR shall at all times be under VENDOR’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of VENDOR or any of VENDOR’s officers, employees, or agents, except as set forth in this Agreement. VENDOR shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. VENDOR shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.

PGCC 6-19-24

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b. No employee benefits shall be available to VENDOR in connection with the performance of this Agreement. Except for the fees paid to VENDOR as provided in the Agreement, City shall not pay salaries, wages, or other compensation to VENDOR for performing services hereunder for City. City shall not be liable for compensation or indemnification to VENDOR for injury or sickness arising out of performing services hereunder.
c. Any and all employees or sub-contractors of VENDOR under this Agreement, while engaged in the performance of any work or services required by VENDOR under this Agreement, shall be considered employees or sub-contractors of VENDOR only and not of City. Any and all claims that may arise under the Workers’ Compensation Act on behalf of said employees or sub-contractors, while so engaged and all claims made by a third party as a consequence of any negligent act or omission on the part of the VENDOR’s employees or sub-contractors, while so engaged in any of the work or services provided for or rendered herein shall not be City’s obligation.

14. SUBCONTRACTORS
Before Vendor retains or hires a subcontractor to provide any work, labor, or services relative to this AGREEMENT, VENDOR must:
a. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to City.
b. Present to the City the form of subcontract that will be used with the subcontractor for City’s approval, which approval will not be unreasonably withheld. Such subcontract AGREEMENT must include an indemnity agreement that is generally in accord with the indemnity obligations contained in Section 11 of this Agreement and must specifically name the City as an indemnified party; and c. Secure from the subcontractor evidence of insurance coverage that meets with this Agreement including naming the City as an additional insured as required by this Agreement, unless such requirement is waived in writing by the City.

15. NO BENEFIT TO ARISE TO CITY OFFICERS AND EMPLOYEES
No City officer, employee of City, or their designees or agents, and no public officer who exercises authority over or responsibilities with respect to the Services provided under the Agreement during their tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement.

16. CONFLICT OF INTEREST
VENDOR shall at all times avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Agreement, and shall comply with the City’s conflict of interest code.

PGCC 6-19-24

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If City determines VENDOR comes within the definition of Contractor under the Political Reform Act (Government Code §87100 et seq.), VENDOR shall complete and file and shall require any other person performing Services under this Agreement to complete and file a “Statement of Economic Interest” with City disclosing VENDOR’s and/or such other person’s financial interests.

17. NO WAIVER OF BREACH/TIME
The waiver by City of any breach of any term or promise contained in this Agreement shall not be deemed to be a waiver of such term or provision or any subsequent breach of the same or any other term or promise contained in this Agreement. Time is of the essence in carrying out the duties hereunder.

18. CONFIDENTIAL INFORMATION/RELEASE OF INFORMATION
a. All information gained by VENDOR in performance of this Agreement shall be considered confidential and shall not be released by VENDOR without City’s prior written authorization. VENDOR, its officers, employees, agents, or sub-contractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided VENDOR gives City notice of such court order or subpoena. b. VENDOR shall promptly notify City should VENDOR, its officers, employees, agents, or sub-contractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the Services performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent VENDOR and/or be present at any deposition, hearing, or similar proceeding.

VENDOR agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by VENDOR. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

19. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of PGCC 6-19-24

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the party as set forth below or at any other address as that party may later designate by notice:

To City: Tori Hannah
Administrative Services Director/Assistant City Manager City of Pacific Grove
300 Forest Avenue
Pacific Grove, CA 93950
To Vendor: Andrew Nickerson
President
Hinderliter, de Llamas, and Associates (HdL)
120 S. State College Blvd., Suite 200
Brea, CA 92821
Notice is effective on the date of personal service, or 5 days following deposit in a United States mailbox, or date of postmark. The parties may agree to notice by email.

20. THIRD PARTY BENEFICIARIES
Nothing contained in this Agreement shall be construed to create, and the parties do not intend to create, any rights in third parties.

21. ASSIGNMENT
VENDOR shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of City. Subject to the foregoing, all terms of the Agreement will be binding upon, enforceable by and inure to the benefit of the parties and their successors and assigns.

22. GOVERNING LAW
City and VENDOR understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in Monterey County, or the federal district court with jurisdiction over the City. VENDOR agrees not to commence or prosecute any dispute arising out of or in connection with this Agreement other than in the aforementioned courts and irrevocably consents to the exclusive personal jurisdiction and venue of the aforementioned courts.

23. DISPUTE RESOLUTION; ATTORNEY’S FEES
VENDOR shall continue to perform under this Agreement during any dispute. VENDOR and City hereby agree to make good faith efforts to resolve disputes as quickly as possible.

In the event any dispute arising from or related to this Agreement results in litigation or PGCC 6-19-24

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arbitration, the prevailing party shall be entitled to recover all reasonable costs incurred, including court costs, attorney fees, expenses for expert witnesses (whether or not called to testify), expenses for accountants or appraisers (whether or not called to testify), and other related expenses. Recovery of these expenses shall be as additional costs awarded to the prevailing party, and shall not require initiation of a separate legal proceeding.

24. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of VENDOR warrants and represents that they have the authority to execute this Agreement on behalf of the VENDOR and the authority to bind VENDOR to the performance of its obligations hereunder.

25. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to their obligations described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.

26. AMENDMENT
a. Any modification or amendment to this Agreement must be in writing. b. Neither City nor VENDOR shall be deemed to have waived any obligation of the other, or to have agreed to any modification to this Agreement unless it is in writing, and signed by the party giving the waiver.

27. INTERPRETATION OF CONFLICTING PROVISIONS
In the event of any conflict or inconsistency between the provisions of this Agreement and the Provisions of any exhibit or other attachment to this Agreement, the provisions of this Agreement shall prevail and control

28. SEVERABILITY
If any term of this Agreement is held invalid by a court of competent jurisdiction or arbitrator the remainder of this Agreement shall remain in effect.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF PACIFIC GROVE VENDOR
PGCC 6-19-24

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By: By:

Department Director Vendor
Date: 9/6/2022 Date: 9/6/2022
By: By:

City Manager or Mayor City Administrative Services Department Date: 9/6/2022 Date: 9/6/2022
Approved As To Form:

City Attorney
9/6/2022
Date
Attachments: Exhibit A Scope of Services
Exhibit B Payment Schedule
Exhibit C Insurance Requirements
PGCC 6-19-24

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Exhibit A
Scope of Work/Services
The CONTRACTOR shall perform the following services (collectively, the “Services”):

A. SALES TAX AND ECONOMIC ANALYSIS SERVICES

1. CONTRACTOR shall establish a special database that identifies the name, address and quarterly allocations of all sales tax producers within the CITY for the most current and all quarters back to fiscal year 1991-1992 or earlier, if the CITY has prior historical sales tax data available on computer readable magnetic media. This database will be utilized to generate special reports to the CITY on: major sales tax producers by rank and category, sales tax activity by categories, or business districts, identification of reporting aberrations, and per capita and outlet comparisons with regional and statewide sales.

2. CONTRACTOR shall provide updated reports following each calendar quarter identifying changes in sales by individual businesses, business groups and categories and by geographic area. These reports may include, without limitation, quarterly aberrations due to State audits, fund transfers, and receivables along with late or double payments, and quarterly reconciliation worksheets to assist with budget forecasting.

CONTRACTOR shall meet quarterly with CITY.

3. CONTRACTOR shall additionally provide following each calendar quarter a summary analysis for the CITY to share with Council Members Chambers of Commerce, other economic development interest groups and the public that analyze CITY’S sales tax trends by major groups, and geographic areas without disclosing confidential information.

4. CONTRACTOR shall make available to CITY staff CONTRACTOR’s web-based sales tax computer software program containing sellers permit and quarterly allocation information for all in-city business outlets registered with the Department of Tax and Fee Administration and updated quarterly. This software shall allow CITY staff to search businesses by street address, account number, business name, business type and keyword, arrange data by geographic area, and print out a variety of reports.

B. ALLOCATION AUDIT AND RECOVERY SERVICES

1. CONTRACTOR shall conduct initial and on-going sales, use and transactions tax audits to identify and correct distribution and allocation errors, and to proactively affect favorable registration, reporting or formula changes thereby generating previously unrealized sales, use and transactions tax income for the CITY and/or recovering misallocated tax from previously properly registered taxpayers. Common errors that will be monitored and corrected include, but are not limited to: transposition errors resulting in misallocations; erroneous consolidation of multiple outlets; formula errors, misreporting of “point of sale” to the wrong location; delays in reporting new outlets; misallocating use tax payments to the allocation pools or wrong jurisdiction; and erroneous fund transfers and adjustments.

PGCC 6-19-24

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2. CONTRACTOR shall initiate contacts with state agencies, and sales management and accounting officials in companies that have businesses where a probability of error exists to verify whether current tax receipts accurately reflect the local sales activity. Such contacts will be conducted in a professional and courteous manner.

3. CONTRACTOR shall (i) prepare and submit to the Department of Tax and Fee Administration information for the purpose of correcting allocation errors that are identified and (ii) follow-up with individual businesses and the California Department of Tax and Fee Administration to promote recovery by the CITY of back or prospective quarterly payments that may be owing.

4. If during the course of its audit, CONTRACTOR finds businesses located in the CITY that are properly reporting sales and use tax but have the potential for modifying their operation to provide an even greater share to the CITY, CONTRACTOR may so advise CITY and work with those businesses and the CITY to encourage such changes.

E. DEFICIENCY/ALLOCATION REVIEWS AND RECOVERY

1.CONTRACTOR shall conduct on-going reviews to identify and correct unreported transactions and tax payments and distribution errors thereby generating previously unrealized revenue for the CITY. Said reviews shall include:
(i) Comparison of county-wide local tax allocations to transactions tax for brick and mortar stores and other cash register-based businesses, where clearly all transactions are conducted on-site within the Measures “U” and “A” CITY boundaries, and therefore subject to transactions tax.
(ii) Review of any significant one-time use tax allocations to ensure that there is corresponding transaction tax payments for taxpayers with nexus within the CITY boundaries.
(iii) Review of state-wide transactions tax allocations and patterns to identify any obvious errors and omissions.
(iv) Identification and follow-up with any potentially large purchasers of supplies and equipment (e.g. hospitals, universities, manufacturing plants, agricultural operations, refineries) to ensure that their major vendors are properly reporting corresponding transactions tax payments to the Measures “U” and “A” Transactions Tax District.

2. CONTRACTOR will initiate, where the probability of an error exists, contacts with the appropriate taxpayer management and accounting officials to verify whether current tax receipts accurately reflect the local sales activity. Such contacts will be conducted in a professional and courteous manner so as to enhance CITY’s relations with the business community.

3.CONTRACTOR shall prepare and submit to the Department of Tax and Fee Administration all information necessary to correct any allocation errors and deficiencies that are identified, and shall follow-up with the individual businesses and the California PGCC 6-19-24

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Department of Tax and Fee Administration to ensure that all back quarter payments due the CITY are recovered.

F. DATA BASE MANAGEMENT, REPORTS AND STAFF SUPPORT

1.CONTRACTOR shall establish a database containing all applicable Department of Tax and Fee Administration (CDTFA) registration data for each business within the Measures “U” and “A” District boundaries holding a seller’s permit account. Said database shall also identify the quarterly transactions and use tax allocations under each account for the most current and previous quarters where available.

2.CONTRACTOR shall provide updated reports each quarter identifying changes in allocation totals by individual businesses, business groups and by categories.

Quarterly aberrations due to State audits, fund transfers, and receivables, along with late or double payments, will also be identified. Quarterly reconciliation worksheets to assist finance officer with budget forecasting will be included.

3.CONTRACTOR shall advise and work with CITY Staff on planning and economic questions related to maximizing revenues, preparation of revenue projections and general information on sales, transactions and use tax questions.

4.CONTRACTOR shall make available to CITY the HdL proprietary software program and Measures “U” and “A” database containing all applicable registration and quarterly allocation information for CITY business outlets registered with the Department of Tax and Fee Administration. The database will be updated quarterly.

G. BUSINESS LICENSE TAX OPERATIONS AND COMPLIANCE SERVICES

1. Business License Tax Operations Management

1.1. Tax Registration Database Management – HdL will transfer the City’s existing databases as they relate to business license into HdL’s internal administration tools.

HdL will maintain the data and provide copies of data or reports at the City’s request. City will not be required to use or maintain any software in house for managing the business license registry.

1.2. Renewal Processing – Send active business license accounts a renewal notice within 30 days of the renewal period end date. Accounts will receive all applicable forms necessary to complete the renewal process.

1.3. New Account Processing – HdL will process any new business license applications and complete the new account registration process in a timely fashion.

1.4. Payment Posting/Processing – HdL will process all payments for new and renewal accounts. License accounts will be updated with payment information and revenues will be remitted to the City net banking and related processing fees on no less than a monthly basis.

1.5. Business Support Center – HdL will provide businesses with multiple support options for registering, renewing, making payments and for general inquiries.

Businesses will have access to our license specialists Monday through Friday, PGCC 6-19-24

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8:00am to 5:00pm Pacific, via phone, mail, e-mail, fax, and the Business Support Center On-Line.

1.6. On-Line Filing & Payment Processing – HdL will make available options for businesses to visit a website, linked to the City’s website, to submit online transactions.

2. Local Tax Compliance Services – HdL will ensure a level playing field for the business community and maximize revenues to the City. Discovery services will be conducted to identify and register businesses which are subject to licensure or taxation. Audit services will identify under reported tax liability for business and lodging providers. Collections Services will collect known debt from businesses that did not pay in full during the registration or renewal process. The scope of work to be performed will be mutually agreed upon by HdL and City prior to implementation.

2.1. Discovery – Discovery services are designed to identify entities subject to licensure/taxation that are not currently registered or otherwise non-compliant.

2.1.1. Lead Identification – Develop a list of entities subject to licensure/taxation within the City.

2.1.2. Exception Resolution – Compare the list to City registration databases to remove properly registered businesses and identify and remove other potential exceptions.

2.1.3. Compliance Communication Process – Initiate contact with confirmed entities through a series of City approved communication methods. HdL will make every effort to simplify the process for taxpayers, utilizing a variety of mediums for communication including mail, telephone, email, and web-site access. Potential non-compliant entities are notified of their options to comply or dispute their non-compliant status. HdL offers extended office hours for support via our Business Support Center available to taxpayers 8:00am – 5:00pm Monday - Friday.

2.1.4. Document Submission / Processing – Review Taxpayer submissions such as applications for completion and accuracy prior to processing. Collect additional documentation such as a home occupation permit and forward to other City departments either as a pre-requisite or as a courtesy for the taxpayer and other departments. All submissions are filed and stored electronically and made available to the City upon request.

2.1.5. Invoicing – Once application has been approved, invoice entity indicating detailed tax calculations and balances owed. Taxpayers are given the opportunity to pay their balances via mail, online, and other methods.

HdL will provide Taxpayers continued access to the Business Support Center for any questions or disputes arising from the invoice process.

2.1.6. Remittance – Upon collection of all requirements including payment, application and other prerequisites, HdL will prepare a remittance package including payment documentation as well as copies of all taxpayer correspondence and relevant information. Remittances are done on no less than a monthly basis. Remittances packages done electronically via the HdL electronic remittance process will include Applications and PGCC 6-19-24

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other relevant information an electronic format. Revenues received are deposited into an HdL trust account and funds are distributed to the City in one payment net HdL’s fees.

2.2. Audit – Audit services are designed to identify businesses that are registered but not properly reporting or paying the correct amounts. Services to be performed may include:

2.2.1. Identify potential underreporting and/or misclassified businesses by comparing City records with HdL business inventories.

2.2.2. Review/audit entities mutually agreed to by City and HdL that are identified as potential underreporting businesses or other entities requiring review.

2.2.3. Submit audit summaries to City staff and meet with staff to review and discuss further actions.

2.2.4. Educate businesses on proper reporting practices.

2.2.5. Invoice and collect identified deficiencies.

2.3. City’s responsibilities

2.3.1. Data – City will provide its relevant business databases, such as the business license registry (registrations and payments), and any other information necessary for the compliance process or to facilitate HdL’s invoicing of services, to HdL according to a schedule acceptable to both HdL and the City. City agrees to provide the data as long as this Agreement is active, and thereafter for so long as HdL’s right to invoice for services rendered continues.

2.3.2. City agrees to use reasonable and diligent efforts to collect, or to assist HdL in the collection of, deficiencies identified by HdL pursuant to this Agreement.

H. TRANSIENT OCCUPANCY TAX OPERATIONS MANAGEMENT

1. Tax Registration Database Management – HdL will transfer the City’s existing databases as they relate to TOT into HdL’s internal administration tools. HdL will maintain the data and provide reports to the City.

2. Return Processing – HdL will process TOT filings within 5 days of submission. Accounts will receive all applicable forms necessary to complete the renewal process.

3. New Account Processing – HdL will process any new TOT registrations for lodging establishments that change hand or newly offered properties.

4. Payment Posting / Processing – HdL will process all payments made for new and existing lodging providers. Accounts will be updated with payment information and revenues will be remitted to the City net HdL’s fees on no less than a monthly basis.

5. Customer Support Center – HdL will provide lodging providers with multiple support options for registering, filing returns, making payments and for general inquiries.

PGCC 6-19-24

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Lodging providers will be able to access one of our tax specialists Monday-Friday 8:00am to 5:00pm Pacific via phone, email, fax, and the online support center.

6. On-Line Filing & Payment Processing – HdL will provide a website forlodging providers to make payments online.

7. Compliance Monitoring – HdL will ensure accurate filings of TOT returns by consistently monitoring returns and providing compliance audits as mutually agreed to by the City and HdL.

8. Annual Reporting – In addition to standard monthly reports, HdL will continue to provide the City with annual analysis reports designed to provide key insights in the lodging provider community and the details on reporting of each lodging provider.

PGCC 6-19-24

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Exhibit B
Payment Schedule
A. Sales, Use and Transactions Tax Auditing and Information Services

1. CONTRACTOR’S compensation for performing Sales and Use Tax Services related to audit recoveries shall be 15% of all new sales and use tax revenue received by the City.

This audit fee applies to monies received in the first eight consecutive reporting quarters beginning with the receipt of the audit revenues and includes retroactive back quarter adjustments obtained by HdL.

CONTRACTOR shall provide the sales tax and economic analysis Services described in Exhibit A for a fee of $350 per month, commencing with the month of the Effective Date (hereafter referred to as “monthly fee”). The monthly fee shall be invoiced quarterly in arrears, and shall be paid by CITY no later than 30 days after the invoice date. The monthly fee shall increase annually following the month of the Effective Date by the percentage increase in the “CPI” for the preceding twelve-month period. In no event shall the monthly fee be reduced by this calculation. For purposes of this Agreement, the “CPI” shall mean the Consumer Price Index - All Urban Consumers for the surrounding statistical metropolitan area nearest CITY, All Items (1982-84 = 100), as published by the U.S. Department of Labor, Bureau of Labor Statistics, or, if such index should cease to be published, any reasonably comparable index selected by HdL.

CONTRACTOR shall be paid $200 monthly billed quarterly for the transaction district tax reports that we include with the quarterly sales tax analyses per Measure. The monthly fee shall be invoiced quarterly in arrears, and shall be paid by CITY no later than 30 days after the invoice date. The monthly fee shall increase annually following the month of the Effective Date by the percentage increase in the “CPI” for the preceding twelve-month period. In no event shall the monthly fee be reduced by this calculation. For purposes of this Agreement, the “CPI” shall mean the Consumer Price Index - All Urban Consumers for the surrounding statistical metropolitan area nearest CITY, All Items (1982-84 = 100), as published by the U.S. Department of Labor, Bureau of Labor Statistics, or, if such index should cease to be published, any reasonably comparable index selected by HdL.

CONTRACTOR shall be paid 25% of the initial amount of new transactions or use tax revenue received by the CITY as a result of audit and recovery work performed by CONTRACTOR (hereafter referred to as "audit fees"). New revenue shall not include any amounts determined and verified by CITY or CONTRACTOR to be increment attributable to causes other than CONTRACTOR'S work pursuant to this agreement.

In the event that CONTRACTOR is responsible for an increase in the tax reported by businesses already properly making tax payments to the CITY, it shall be CONTRACTOR'S responsibility to separate and support the incremental amount attributable to its efforts prior to the application of the audit fee. Said audit fees will apply to state fund transfers received for those specific quarters identified as being PGCC 6-19-24

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missing and/or deficient following completion of the audit by CONTRACTOR and confirmation of corrections by the California Department of Tax and Fee Administration but shall not apply prospectively to any future quarter.

CONTRACTOR shall provide CITY with an itemized quarterly invoice showing all formula calculations and amounts due for audit fees.

B. Business License Tax Operations Management Services

1. Compensation - HdL’s compensation for performing Business License Tax Operations Management Services related to business license is a fee of $14.99 per processed account, per year. City will be invoiced monthly or quarterly for activity during the prior period.

For the purpose of compensation calculation, processed account means any account for which renewals/returns are processed or which were sent a renewal notice.

2. CPI Adjustment – Fees for Business License Tax Operations Management Services are adjusted at the beginning of each calendar year by the change in the Consumer Price Index – West Urban (CPI-WU) as reported by the Bureau of Labor Statistics. Each annual adjustment will not be less than two percent (2%) or greater than ten percent (10%).

3. Travel Expenses – Travel and lodging expenses are billed at cost and apply to all meetings; including process, pre-installation, installation, training, and support. HdL is dedicated to conserving public funds, and ensures any travel costs are indeed required and reasonable.

C. LOCAL TAX COMPLIANCE SERVICES

1. Discovery – HdL’s fee for performing Local Tax Discovery services shall be a contingency fee of 35% of the revenues received as a result of the service. This fee applies to monies received for the current tax/license period and any other prior period collected, including monies received for taxes, penalties, interest, and fees.

1.1 City Discovery Discount – HdL’s fee for following up on accounts that are identified and confirmed as non-compliant by the City shall be a contingency fee of 25% of the revenues received as a result of the service. This fee also applies to delinquent business license tax accounts referred by the City as failing to make payment or properly renew an existing license.

2. Audit – HdL’s fee for performing Local Tax Audit services shall be a contingency fee of 35% of the revenues received as a result of the service. This fee applies to monies received for the current tax/license period and any other prior period collected, including monies received for taxes, penalties, interest, and fees.

3. Collection – HdL’s fee for performing collections services shall be a contingency fee of 25% of the revenues received as a result of the service. This fee applies to monies received for the current tax/license period and any other prior period collected, including monies received for taxes, penalties, interest, and fees.

PGCC 6-19-24

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4. Option to waive tax recovery – City may, at its discretion, elect to waive or reduce the tax recovery for a business. Should the City elect to waive all or a portion of the deficiency identified by HdL, HdL shall be entitled to compensation in the amount of one half (1/2) of the compensation HdL would have otherwise earned on the waived/reduced amount.

Deficiencies which are uncollectable due to insolvency or dissolution of the customer, or for deficiencies which are otherwise incapable of collection (e.g. statute of limitations or other legal defense) shall not be considered a voluntary election to waive by the City, and thus HdL would not be entitled to compensation for these amounts.

D. Transient Occupancy Tax Operations Management Service

1. Compensation - HdL’s compensation for performing Transient Occupancy Tax Operations Management Services related to transient occupancy tax is $100.00 per lodging property, per year.

2. CPI Adjustment – Fees for Transient Occupancy Tax Operations Management Services are adjusted at the beginning of each calendar year by the change in the Consumer Price Index –West Urban (CPI-WU) as reported by the Bureau of Labor Statistics. Each annual adjustment will not be less than two percent (2%) or greater than ten percent (10%).

3. Travel Expenses – Travel and lodging expenses are billed at cost and apply to all meetings; including process, pre-installation, installation, training, and support. HdL is dedicated to conserving public funds and ensures any travel costs are indeed required and reasonable.

Additional Services may be performed at a range of $95.00 to $325.00 per hour, depending on the complexity of tasks involved.

E. Payments
HdL will provide detailed invoices for all work completed. City will submit payment to HdL within 30 days of receiving the invoice.

PGCC 6-19-24

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Exhibit C
Insurance Specifications
General liability insurance. VENDOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. VENDOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the VENDOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Umbrella or excess liability insurance. [Optional depending on limits required] VENDOR shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Workers’ compensation insurance. VENDOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

VENDOR shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

PGCC 6-19-24

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Other provisions or requirements
Proof of insurance. VENDOR shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. VENDOR shall procure and maintain for the duration of the contract 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 VENDOR, his agents, representatives, employees or subconsultants.

Primary/noncontributing. Coverage provided by VENDOR shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by VENDOR or City will withhold amounts sufficient to pay premium from VENDOR payments. In the alternative, City may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, employees and volunteers or shall specifically allow VENDOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. VENDOR hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

PGCC 6-19-24

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Enforcement of contract provisions (non estoppel). VENDOR acknowledges and agrees that any actual or alleged failure on the part of the City to inform VENDOR of noncompliance with any requirement imposes no additional obligations on the AGENCY nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the VENDOR maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of cancellation. VENDOR agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that VENDOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. VENDOR agrees to ensure that its sub-consultants, sub-contractors, and any other party involved with the project who is brought onto or involved in the project by VENDOR, provide the same minimum insurance coverage and endorsements required of VENDOR. VENDOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. VENDOR agrees that upon request, all AGREEMENTS with consultants, subcontractors, and others engaged in the project will be submitted to City for review.

Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the PGCC 6-19-24

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VENDOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the VENDOR, the City and VENDOR may renegotiate VENDOR’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.

Timely notice of claims. VENDOR shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from VENDOR’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. VENDOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

PGCC 6-19-24

Agenda No. 9 C

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Mohammed Khasimi, Chief Information Officer
MEETING DATE: June 19, 2024
SUBJECT: Agreement with Johnson Electronics for Door Access Control Implementation at City Hall.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Authorize the Mayor/City Manager to execute an agreement with Johnson Electronics for implementation of Door Access Controls at City Hall in the amount not to exceed $87,000.

DISCUSSION
Recently, a Site Security Assessment was completed by a consultant through the City's Risk Management Authority, California Joint Powers Insurance Authority (CJPIA). As part of that assessment, the consultant recommended door access controls. Funds to support this project were included in the Fiscal Year 23/24 Adopted Budget.

Security is a paramount concern for the city, especially when it comes to safeguarding assets, confidential information, and employees. Access control systems play a crucial role in providing a reliable and efficient security solution by regulating access to specific areas within a building or premises. These systems offer several benefits that make them indispensable:

1. Enhanced Security: Traditional keys can be easily compromised, lost, or copied. In contrast, modern access control systems utilize advanced technologies such as Bluetooth and RFID data transmission. These technologies provide greater security and oversight at sensitive entry points.

2. Controlled Access: Implementing an access control system gives you complete control over who can access specific areas within your organization. You can assign credentials based on an individual’s role and other conditions, such as the time of day. Different access control policies (such as attribute-based, role-based, mandatory, and discretionary) ensure that each person can only access relevant areas.

3. Evidence Collection and Accountability: Access control logs provide valuable evidence in case of security incidents or data breaches. They help identify responsible parties and facilitate appropriate actions. Additionally, these systems increase accountability by logging every access attempt and associated credentials.

PGCC 6-19-24

Johnson Electronics, a local integrator and authorized reseller of the Genetec system, has been serving the city for many years.

City staff solicited proposals from four separate vendors to implement a door access control system at the City Hall location. However, Johnson Electronics is the sole vendor that has submitted a proposal.

Their attached proposal outlines the implementation of door access control for 13 specific doors at the City Hall, as highlighted in the included floor plans. The consultant is not requesting any changes to the City's attached standard agreement.

OPTIONS
Authorize the Mayor/City Manager to execute an agreement with Johnson Electronics for implementation of Door Access Controls at City Hall in the amount not to exceed $87,000.

1. 2. Alternatively, discuss and take other action related to this item.

FINANCIAL IMPACT:

There is no additional financial impact. The budget for this item already includes $80,000 for the current year. The excess of $7,000 will be covered from the IT budget savings.

FOCUSED PRIORITY AREA: Not Applicable.

Attachments
Draft Agreement
Johnson Electronics Proposal
PGCC 6-19-24

Professional Services Agreement 07.19.2022

CITY OF PACIFIC GROVE

PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICE AGREEMENT (“PSA”) FOR NON-CONSTRUCTION PROJECTS (“Agreement”), is made and effective as of June 20, 2024, between the City of Pacific Grove (“City”), a municipal corporation and Johnson Electronics (“CONSULTANT”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on June 20, 2024 and shall remain and continue in effect until the tasks described herein are completed, but in no event later than June 20, 2025, unless sooner terminated pursuant to the provisions of this Agreement.

2. SCOPE OF WORK
CONSULTANT shall perform the tasks and services (“Services”) described and set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein as though set forth in full.

CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. To the extent that Exhibit A is a proposal from CONSULTANT, such proposal is incorporated only for the description of the Scope of Services and no other terms and conditions from any such proposal shall apply to this Agreement unless specifically agreed to in writing.

3. PERFORMANCE
CONSULTANT shall at all times faithfully, competently and to the best of their ability, experience, and talent, perform all Services described herein. CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting their obligations under this Agreement.

4. CITY MANAGEMENT
The City Manager, or their designee, shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by CONSULTANT, but not including the authority to enlarge the Scope of Work or change the compensation due to CONSULTANT. The City Manager shall be authorized to act on City’s behalf and to execute all necessary documents that enlarge the Scope of Work or change CONSULTANT’s compensation, subject to Section 6 hereof.

5. PAYMENT
a. The City agrees to pay CONSULTANT monthly, in accordance with the payment rates and terms and the Payment Schedule as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above PGCC 6-19-24

Professional Services Agreement 07.19.2022
tasks. This amount shall not exceed eighty-seven thousand dollars ($87,000), which includes a 5% contingency, for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
b. The City Manager’s contract authority is limited to $39,999.99, which includes all costs.

Contracts, including any contract amendments that exceed the total threshold, require City Council approval. Any contracts, including contract amendments that exceed the total threshold, which do not have City Council approval, shall be void. c. CONSULTANT shall not be compensated for any Services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager or the City Council. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and CONSULTANT at the time City’s written authorization is given to CONSULTANT for the performance of said services. d. CONSULTANT shall submit invoices monthly for actual Services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for Services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of CONSULTANT’s fees it shall give written notice to CONSULTANT within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within forty-five (45) days of receipt of an invoice therefore.

6. INSPECTION
City shall at all times have the right to inspect the work and materials. CONSULTANT shall furnish all reasonable aid and assistance required by City for the proper examination of the work and all parts thereof. Such inspection shall not relieve CONSULTANT from any obligation to perform said work strictly in accordance with the specifications or any modifications thereof and in compliance with the law.

7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon CONSULTANT at least thirty (30) days prior written notice. Upon receipt of said notice, CONSULTANT shall immediately cease all Services under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to CONSULTANT the actual value of the Services performed up to the time of termination, provided that the Services performed are of value to the City. Upon termination of the Agreement pursuant to this Section, CONSULTANT will submit an invoice to the City pursuant to Section 6.

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Professional Services Agreement 07.19.2022

8. DEFAULT OF CONSULTANT
a. CONSULTANT’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating CONSULTANT for any Services performed after the date of default and can terminate this Agreement immediately by written notice to the CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of Services hereunder arises out of causes beyond the CONSULTANT’s control, and without fault or negligence of the CONSULTANT, it shall not be considered a default.
b. If the City Manager or designee determines CONSULTANT is in default in the performance of any of the terms or conditions of this Agreement, they shall cause to be served upon CONSULTANT a written notice of the default. The CONSULTANT shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event CONSULTANT fails to cure its default within such period of time or fails to present City with a written plan for the cure of the default, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

9. OWNERSHIP OF DOCUMENTS
a. CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of Services under this Agreement. CONSULTANT shall maintain adequate records of Services provided in sufficient detail to permit an evaluation of Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. If there is a substantial billing deviation adverse to City, then the cost of an audit shall be borne by CONSULTANT. Such records, together with supporting documents, shall be maintained for a period of five (5) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the Services to be performed pursuant to this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of CONSULTANT. With respect to computer files, CONSULTANT shall make available to City, at CONSULTANT’s office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files.

CONSULTANT hereby grants to City all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, PGCC 6-19-24

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and other documents prepared by CONSULTANT in the course of providing the Services under this Agreement.

10. RECORD AUDIT
In accordance with Government Code, Section 8546.7, for expenditures of greater than $10,000, records of both City and CONSULTANT shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

11. INDEMNIFICATION AND DEFENSE
Indemnity
To the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless City and any and all of its officers, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of CONSULTANT, its officers, agents, employees or subconsultants (or any City or individual that CONSULTANT shall bear the legal liability thereof) in the performance of Services under this Agreement. CONSULTANT’s duty to indemnify and hold harmless City shall not extend to the City’s sole or active negligence.

Duty to defend
In the event City, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the Services encompassed by this Agreement, and upon demand by City, CONSULTANT shall defend City at CONSULTANT’s cost or at City’s option, to reimburse City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by CONSULTANT’s negligent acts, errors or omissions. Payment by City is not a condition precedent to enforcement of this indemnity. In the event of any dispute between CONSULTANT and City, as to whether liability arises from the sole or active negligence of the City or its officers, employees, or agents, CONSULTANT will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the City as solely or actively negligent. CONSULTANT will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.

12. INSURANCE
CONSULTANT shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached to and part of this Agreement.

13. INDEPENDENT CONSULTANT
a. CONSULTANT is and shall at all times remain as to City a wholly independent consultant and/or independent contractor. The personnel performing the Services under this Agreement on behalf of CONSULTANT shall at all times be under PGCC 6-19-24

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CONSULTANT’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT’s officers, employees, or agents, except as set forth in this Agreement.

CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of City.

CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to CONSULTANT in connection with the performance of this Agreement. Except for the fees paid to CONSULTANT as provided in the Agreement, City shall not pay salaries, wages, or other compensation to CONSULTANT for performing Services hereunder for City. City shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing Services hereunder.

14. LEGAL RESPONSIBILITIES
CONSULTANT shall keep itself informed of State and Federal laws and regulations that in any manner affect those employed by it or in any way affect the performance of its Services pursuant to this Agreement. CONSULTANT shall at all times observe and comply with all such laws and regulations. City, and its officers, employees, and agents shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this Section.

15. UNDUE INFLUENCE
CONSULTANT declares and warrants that no undue influence or pressure was used against or in concert with any officer, employee or agent of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer, employee or agent of City has or will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee or agent of CONSULTANT, in connection with the award of this Agreement or any Services to be performed as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to any and all remedies at law or in equity.

16. NO BENEFIT TO ARISE TO CITY OFFICERS AND EMPLOYEES
No officer, employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services performed under the Agreement during their tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement.

17. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
a. All information gained by CONSULTANT in performance of this Agreement shall be considered confidential and shall not be released by CONSULTANT without City’s prior written authorization. CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless PGCC 6-19-24

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requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided CONSULTANT gives City notice of such court order or subpoena.
b. CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the work performed there under or with respect to any project or property located within the City, unless City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless CONSULTANT is prohibited by law from informing City of such Discovery.

City retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to CONSULTANT in such proceeding, CONSULTANT agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. c. If City determines CONTRACTOR comes within the definition of Contractor under the Political Reform Act (Government Code §87100 et seq.), CONTRACTOR shall complete and file and shall require any other person doing Work under this Agreement to complete and file a “Statement of Economic Interest” with CITY disclosing CONTRACTOR’s and/or such other person’s financial interests.

18. DISCRIMINATION
CONSULTANT agrees that in the performance of this Agreement, neither CONSULTANT nor any person acting on CONSULTANT’s behalf shall discriminate against any person on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, genetic information, marital status, sexual orientation, sex, gender identity, gender expression, military or veteran status or age.

19. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, by first class mail, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

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Professional Services Agreement 07.19.2022
To City: Mohammed Khasimi, Chief Information Officer
City of Pacific Grove
300 Forest Avenue
Pacific Grove, CA 93950
To CONSULTANT: Dick Johnson
Johnson Electronics
78 Malarin St, Salinas, CA 93901
Notice is effective on the date of personal service, or 5 days following deposit in a United States mailbox, or date of postmark. The parties may agree to service by email.

20. THIRD PARTY BENEFICIARIES
Nothing contained in this Agreement shall be construed to create, and the parties do not intend to create, any rights in third parties.

21. ASSIGNMENT
CONSULTANT shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of CITY. Because of the personal nature of the Services to be rendered pursuant to this Agreement, only CONSULTANT shall perform the Services described in this Agreement. CONSULTANT may use assistants, under their direct supervision, to perform some of the Services under this Agreement.

22. LICENSES
At all times during the term of this Agreement, CONSULTANT shall have in full force and effect, all licenses required of it by law for the performance of the Services described in this Agreement. CONSULTANT shall obtain a valid City Business License and shall maintain said Business License for the term of this Agreement and any extensions.

23. GOVERNING LAW
City and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in Monterey County, or federal district court with jurisdiction over City.

CONSULTANT agrees not to commence or prosecute any dispute arising out of or in connection with this Agreement other than in the aforementioned courts and irrevocably consents to the exclusive personal jurisdiction and venue of the aforementioned courts.

24. ENTIRE AGREEMENT
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This Agreement contains the entire understanding between the parties relating to their obligations described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. No amendment shall be valid unless in writing, executed by both parties.

25. DISPUTE RESOLUTION; ATTORNEY’S FEES
CONSULTANT shall continue to perform under this Agreement during any dispute.

CONSULTANT and City hereby agree to make good faith efforts to resolve disputes as quickly as possible. In the event any dispute arising from or related to this Agreement results in litigation or arbitration, the prevailing party shall be entitled to recover all reasonable costs incurred, including court costs, attorney fees, expenses for expert witnesses (whether or not called to testify), expenses for accountants or appraisers (whether or not called to testify), and other related expenses. Recovery of these expenses shall be as additional costs awarded to the prevailing party, and shall not require initiation of a separate legal proceeding.

26. WORK SCHEDULED/TIME OF COMPLETION
City and CONSULTANT agree that time is of the essence in this Agreement.

27. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of CONSULTANT warrants and represents that they have the authority to execute this Agreement on behalf of the CONSULTANT and have the authority to bind CONSULTANT to the performance of its obligations hereunder.

28. INTERPRETATION OF CONFLICTING PROVISIONS
In the event of any conflict or inconsistency between the provisions of this Agreement and the Provisions of any exhibit or other attachment to this Agreement, the provisions of this Agreement shall prevail and control.

29. SEVERABILITY
If any term of this Agreement is held invalid by a court of competent jurisdiction or arbitrator the remainder of this Agreement shall remain in effect.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF PACIFIC GROVE CONSULTANT
By: By:

Department Director Consultant

Date: Date:

By: ___________________________ By: ____________________________ City Manager or Mayor City Administrative Services Department Date: ___________________________ Date: ___________________________ Approved As To Form:

City Attorney
_______________________________
Date
Attachments: Exhibit A Scope of Services / Consultant’s Proposal Exhibit B Payment Schedule
Exhibit C Insurance Requirements
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EXHIBIT A

SCOPE OF SERVICES
Included in the attached Consultant’s proposal.

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EXHIBIT B

PAYMENT SCHEDULE
The consultant shall submit monthly invoices to the City for services rendered on a time and materials basis.

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EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting CONSULTANT’s indemnification of City, and prior to commencement of Work, CONSULTANT shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Professional liability (errors & omissions) insurance. CONSULTANT shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and CONSULTANT agrees to maintain continuous coverage through a period no less than three (3) years after completion of the Services required by this Agreement.

Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.

Umbrella or excess liability insurance. [Optional depending on limits required]. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
 A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
 Pay on behalf of wording as opposed to reimbursement;  Concurrency of effective dates with primary policies;  Policies shall “follow form” to the underlying primary policies; and PGCC 6-19-24

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 Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Other provisions or requirements
Proof of insurance. CONSULTANT shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONSULTANT shall procure and maintain for the duration of the contract 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 CONSULTANT, his agents, representatives, employees or subconsultants.

Primary/noncontributing. Coverage provided by CONSULTANT shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by CONSULTANT or City will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, City may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, employees and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.

CONSULTANT hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of the City to inform CONSULTANT of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

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Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. CONSULTANT agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONSULTANT, provide the same minimum insurance coverage and endorsements required of CONSULTANT.

CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

CONSULTANT agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.

City’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONSULTANT, the City and CONSULTANT may renegotiate CONSULTANT’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.

Timely notice of claims. CONSULTANT shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

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Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

Cyber Technology Errors and Omissions. VENDOR shall procure and maintain insurance with limits in an amount not less than $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage:
 Liability arising from the unauthorized release of information for which an entity has the legal obligation to keep private, such as personally identifiable information (PII) and protected health information (PHI).  Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks.  Liability arising from the failure of technology products (software and hardware) required under the contract for VENDOR to properly perform the intended services.
 Claims alleging the failure of computer security that result in the transmission of malicious code, deletion, destruction or alteration of data, or the denial of service.  Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights.  Liability arising from the rendering, or failure to render, professional services.  Defense costs in regulatory proceedings (state and federal) involving a violation of privacy laws or intellectual property rights.
 Crisis management and other expert services.

If coverage is maintained on a claims-made basis, the VENDOR shall maintain such coverage for an additional three (3) years following termination of the contract.

Cyber liability insurance. VENDOR shall procure and maintain Cyber Security and Privacy Liability insurance in an amount of no less than $1,000,000 per occurrence/loss which shall include the following coverage:
 Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information.  Network security liability arising from the unauthorized use of, access to, or tampering with computer systems.
 Liability arising from the failure of technology products (software) required under the contract for VENDOR to properly perform the services intended.  Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights.

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Professional Services Agreement 07.19.2022
 Liability arising from the failure to render professional services If coverage is maintained on a claims-made basis, VENDOR shall maintain such coverage for an additional period of three (3) years following termination of the contract.

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DIR Registration #1000000049 SBE Certification #41076

PROJECT BID QUOTATION
Issued: May 28, 2024
PROJECT: City of Pacific Grove-City Hall
Card Access System
Provide and install Genetec Security Center Access Control System including Remote Security Desk, Active Directory, Advanced Reporting, System Partitioning and more. The installation of card readers to (13) door locations were identified during the site visit on the 1st and 2nd floors of City Hall. Included in the installation is:
- Mercury Door Controller
- Mercury CloudLink
- Card Reader – Standard and Mullion Type
- Door Contact
- Request to Exit Device
- Electrified Hardware (specific to each door) Surface Strike, Recessed Strike, Maglock Holder, Electrified Crash bar
- Power Supply
- Genetec Security Center v5.12 (updated on existing directory server) - Failover/Redundant Server with Genetec Security Center - Network Switches (Aruba 2930M JL322A) match existing
- Patch Cords
- Cat6 Cabling/ Access Control Wiring
- Jacks/ Junction Boxes
- Surface Raceway (as needed)
- Key Fobs
- Programming/ Training
- One Year Warranty on installation and materials
Items EXCLUDED:
• Replacement of ceiling tiles
• Bond/Permit
• Replacement of Doors
The above scope of work completed with sales tax for the sum of $79,429.00 PGCC 6-19-24

Floor Plan Attached with door locations in City Hall labeled as Number 1-13 for reference.

All doors to receive the following:
o Door Contact
o Request To Exit Device
o Controller mounted in 6X6X6 Can above ceiling in close proximity. o Card Reader
o Door(s) 1, 9, 11 to receive Maglock Holder with release button o Door(s) 2,3,4 and 6 to receive electrified crash bar kit with power supply o Door(s) 7,8,10,12 and 13 to receive flush mount door strike o Door 5 to receive surface mount door strike
Option 1: Bluetooth Readers
Provide and install Bluetooth readers at each door location (15 total) in lieu of standard proxy reader on access control system Bluetooth Card Readers increase……………..$3,280.00
Card Access System…………………………..$79,429.00
Total……………………………………………..$82,709.00
Option 2: Cat6 Cabling- Future Cameras
Provide and install Cat6 cabling at approximately 15 locations (near active doors) terminated above ceiling with service loop and terminated on patch panel for future use. Included is labeling and testing of cables upon completion.

The above option completed with sales tax for the sum of $1,676.00 Submitted by,
Bryan Johnson
-This proposal is based upon current material pricing. We reserve the right to adjust the proposed amount at the award of contract due to unforeseen circumstances in the valuations of said materials.
-We reserve the right to correct this quote for errors and omissions. -This quote covers direct costs only, and we reserve the right to claim for impact and consequential expenses. -This price is good for acceptance within 30 days from the date of receipt. -We will supply and install all materials, labor, and equipment as per your instructions.

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Agenda No. 10 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: George Fuerst, Environmental Program Manager
MEETING DATE: June 19, 2024
SUBJECT: Beautification and Natural Resources Commission Minutes: March 19, 2024 and April 16, 2024
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive the minutes.

Attachments
March and April 2024 DRAFT BNRC Minutes
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MEETING MINUTES

CITY OF PACIFIC GROVE

BEAUTIFICATION AND NATURAL RESOURCES COMMISSION

REGULAR MEETING AGENDA
Tuesday, 19 March 2024, 4:00 P.M.

Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA

1. CALL TO ORDER
Chair Walkingstick called the meeting to order at 4:00 p.m. Roll call was taken:

Commissioners Myers, Wooten, Gorman, Brisson, Dunn and Lee present.

2. APPROVAL OF AGENDA
Action: MSP 7-0 to approve agenda.

3. COMMISSION AND STAFF ANNOUNCEMENTS (City-Related Items Only) Comm. Brisson expressed thanks for the ‘no drone’ and ‘quiet’ signs on behalf of the seals at Hopkins. Environmental Program Mgr. George Fuerst said permanent signs are in the works. Thanks also to PGPD for their help with drone enforcement at Hopkins.

Comm. Lee announced a Fix-a-Leak workshop on 3.20.

EPM Fuerst said PG will celebrate Arbor Day on Saturday, 6 April, from 10AM-noon at GW Park @ Short and Bentley Sts. Volunteers will plant ~ 50 trees.

Amy Colony added that 6 April, from 9-noon, there will be a special cleanup at Perkins Park. The Spring monthly trash pickups will be on 13 April, 11 May and 8 June, from 10AM-noon.

4. COUNCIL LIAISON ANNOUNCEMENTS —Councilmember Coletti checked in with news that the revised version of the BCC Handbook had been emailed to commissioners.

5. GENERAL PUBLIC COMMENT— Carmelita García suggested the city add a new ‘bubble’ to its homepage entitled ‘Wildlife.’ She also expressed concerns about fencing in the community. She announced that there is now an agreement with a trapping service to removed deceased deer from private property at no cost to the city. Lisa Ciani called in to applaud this news as did Inge Lorentzen-Daumer.

6. APPROVAL OF THE MINUTES
Action: MSP 7-0 to approve the minutes of the January 2024 meeting, with date change noted, and the minutes of the February meeting.

7. REGULAR AGENDA
DRAFT PGCC 6-19-24

A. City, Council and BNRC Goal Alignment
Goals Work Plan 2023/24
Robert Perrault, interim city manager, presented this periodic review of progress in 1) recreation, 2) infrastructure, 3) environmental stewardship, and 4) affordable housing. Overall, he said the city is making good progress. Fee structures are still a work in progress.

Other notes include:
1) Streets policy will take a long time.
2) The Climate Action Plan may get to BNRC in the fall. Further discussion on Title 12 document is on BNRC’s April agenda. The city is close to staffing all four budgeted CSOs.
3) New community development director doing a ‘great job’ despite challenges of complying with state mandate. Plan still about a year out.

Additional item: the city is looking into hiring a FT forester.

Public comment received from: Inge Lorentzen-Daumer and Lisa Ciani, B. BNRC Duties and Responsibilities, Procedures and Protocols In a comprehensive presentation, Chair Walkingstick shared her observations and hopes for BNRC. She spoke of ‘freedom through structure.’ Comm. Brisson suggested the creation of a BNRC mission statement. Comm. Gorman expressed her thanks to both Chair Walkingstick and Mr. Perrault for their presentations.

Comm. Lee voiced her thought that collaboration, especially around construction and protecting trees, was important to create. Comm. Brisson suggested listing future agenda items in advance.

In public comment, Lisa Ciani wondered about the lack of BNRC involvement in the Great Tidepool Trail repairs.

C. Seasonal Calendar—Comm. Lee proposed a subcommittee of Comms.

Brisson and Dunn to take on the creation and design of this new item.

MSP 7-0.

Five community members—L. Ciani, I. Lorentzen-Daumer, C. García, S. Moore, and K. Akeman all voiced approval of this and offered input.

8. NEXT MEETING – 16 April 2024 at 4 p.m.

9. ADJOURNMENT
Commissioners adjourned the meeting at 5:50 p.m.

MSP 7-0.

Respectfully Submitted,
Marty Dunn,
Secretary
DRAFT PGCC 6-19-24

MEETING MINUTES

CITY OF PACIFIC GROVE

BEAUTIFICATION AND NATURAL RESOURCES COMMISSION

REGULAR MEETING AGENDA
Tuesday, April 18, 2023, 4:00 P.M.

Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA

1. CALL TO ORDER:

Chair Walkingstick called the meeting to order at 4:00 p.m.

Roll call:   Present; Commissioners Brisson, Gorman, Myers, Wooten and Vice Chair Lee.

Absent; Secretary Dunn

2. APPROVAL OF AGENDA
Moved and Seconded and Approved.

3. COMMISSION AND STAFF and SUBCOMMITTEE ANNOUNCEMENTS (City‐related items only) Wooten: Calscape.org plant section website update. Advanced search tool.

Brisson: GWP successful Arbor Day event. 50 Trees planted.

Staff Liaison: George Fuerst;

1. GWP Arbor Day; Great success. 50+ trees planted, 40+ people attended, youth involvement, overall great vibe.

2. Seal Signs; Temporary A‐framed “Quiet Seals” signage installed @ 5th St. rookery. Lattice fencing installed.

3. Important Links; Wildlife included on both Resident and Leisure tabs on City of PG website.

4. COUNCIL LIAISON ANNOUNCEMENTS
Council Member Coletti; New City Manager intention to approve employment agreement between the City and Mattew Morgenson. To be presented before City Council at next meeting.

5. GENERAL PUBLIC COMMENT
Paul Walkingstick: Arbor Day success.

Sally Moore: Thank you for the Falcon/ Seagull abatement. HR arborist job description should be available but is not. Youth Center: Happy to see grasses cut. Monterey Pine tree removal in Dec. 2022 and May 2023. No trees have been replaced.
675 Pine landscaping project and tree replacement. No indication on permit although agreement was made to replace trees.

Mary Dayton: Harbor seal signage. BLOY noise disturbance from power washing. Neighborhood outreach during harbor seal pupping season.

Carmelita Garcia: Deer Awareness. 4 births, 6 deaths. Active fawn season. Be respectful of deer during sensitive season. Further information can be found at the PG Farmers Market on Mondays.

DRAFT PGCC 6-19-24

6. APPROVAL OF THE MINUTES
Moved, Seconded and approved.

7. REGULAR AGENDA
7A. Title 12‐ Trees and the Urban Forest Proposed Amended Revisions. Presentation by Joyce Halabi, Deputy Public Works Director. Second review of revisions to come before the BNRC. First review of revisions was on January 30th, 2023 BNRC special meeting. Suggestions from the public and BNRC were taken into consideration and the following were implemented: 1. Maintaining appeals process through the BNRC and subsequently upward to City Council. 2. Retain the term “arborist” and remove “Public Works Director or Designee.” 3. Addition of language relating to the importance of urban canopy coverage in the Findings Section. Additionally, ISA current standards, Critical Root Zone vs. Tree Protection Zone, redundancies in the code, general reorganization, replanting requirements, compliance, enforcement, Fee schedules to be done through Matrix Consulting Group. Seeking BNRC feedback to implement and include in final packet to be submitted to City Council.

Public Comment:

Sally Moore: 2:1 replant. Give residents the choice. Deposits & refunds ok if checked on every few weeks until 6 months then annually up to 5 years. Accountability and follow up.

Paul Walkingstick: Recognized cooperation between BNRC and city staff on Title 12 progress.

Lisa Ciani: Upgrade of PW outreach. Agreement with BNRC tree subcommittee revisions. Removal of 79 trees at ATC site appalling. Native character defining trees should be reflective within Title 12. BNRC should be consulted during construction involving trees. Critical root zone (CRZ) vs. tree protection zone TPZ). Bird nesting season surveyed by qualified biologist to accurately define season.

Carmelita Garcia: Permits should be required for all tree trimming. Public education opportunity for pruning. Appropriate tree replacement list. Inclusion of wildlife protections. Eliminate emergency action section.

Inga Laurentzen Daumer: Disagreement with removal of 79 trees, 52 protected for ATC project.

Amanda Preece: Agreement with replant compliance, arborist reinstatement, wildlife section “North American bird species” not just raptor or migratory bird. Also in agreement with surveys conducted 10 days prior to tree removal.

Tree subcommittee interactive slide show presentation and round table discussion between Joyce Halabi and BNRC commissioners. Positive changes acknowledged: 1. Qualified professional arborist reinstatement. 2. Appeals remaining with BNRC. 3. Streamlining and reducing redundancies, 4.

Canopy coverage elaboration. Additional recommendations: 1. Continue to move forward toward City Council goal of environmental stewardship and 33% canopy coverage goals. 2. Protected trees; Gowen cypress reinstatement; restore 6” vs. 12” trunk diameter pertaining to removal; GWP protected as rehabilitation overwintering Monarch site; protection of trees that provide a windbreak, wildlife habitat,etc.; discussion on hardscapes (exploration of permeable surfaces and alternatives to concrete) and protected tree removal;  Right Tree, Right Place. 3. replanting Requirements: Goal to plant as many trees as possible but considerations for lot sizes and space allowed. 4. Wildlife considerations.

Discussion on removal of tree unless it’s providing habitat, food, significant windbreak and/or erosion control. Qualified biologist to survey for nests prior to trims or removal. 10 day vs. 30 day bird nest survey for trimming/ removal permit. Confirm with Amanda Preece/ Audubon Society for nesting season dates. Additionally: 20 days from posting for tree removal for appeals, with posting at or about 200 ft DRAFT PGCC 6-19-24

distance. Calfire fuel management zone needs clarification. Consideration that development tree removal (of 10+ feet) be seen before BNRC to be reviewed by city attorney for feasibility. Urban Forestry Standards holds definitions and should be used linked with Title 12. Discussion on sustainable tree maintenance. Fee schedule, in lieu of fees and permits was discussed, awaiting city fee restructuring though Matrix Consulting Group.

Motion made to recommend to City Council continue development on Title 12, to include BNRC edits, comments and thematic matters, and to seek further input from qualified forest management professionals. Vice Chair Lee amended motion to add “After one more revision.” Initial motion failed.

Amended motion questioned as redundant and failed. Joyce Halabi suggestion to bring back Title 12 revisions at a future date for a third review before going to City Council was respectfully accepted by City Staff and BNRC with no further motions.
7B. George Washington Park, Monarch Sanctuary maintenance update presented by George Fuerst.

Monarch Sanctuary: Revisit of August/September 2023 Monarch Sanctuary biologist report, public outreach, and BNRC/ City Council extended review and decision to postpone major maintenance until overwintering season ended based on the early arrival of Monarchs. New seasonal issues include:

Removal of dying pine hanging over trail with immediate replanting of a Monterey Pine, bucking up and clearing the downed pine from last winter near hotel property line, removal of boxed eucalyptus’s on SE fence line, manage excessive debris accumulation to minimize fire hazard, remove leaning fence on SE corner. Also noted were Sanctuary fire, many dead Monarchs at a nearby overwintering location due to possible pesticide exposure,  outreach and education efforts between PG Natural History Museum, City staff and BNRC Monarch Sanctuary subcommittee and Monarch overwintering comparison between this year and last.

GWP: Maintenance includes: Trail work; managing fallen trees and/or trees presenting immediate danger of falling over the trail; chainsaws will be used in the park but no chippers will be used; downed trees will be used for enhancement to line the main trail to guide visitors safely through the park and keep new trails from emerging.

Public Comment:

Paul Walkingstick: GWP trail maintenance to include any wood chips from downed trees to line bed of trail for root protection and better designate main trail.

Lisa Ciani: No wood chipping. Chainsaws acceptable. Bird Nesting season concerns. Clarify “trees of immediate danger” that will be removed. Clarify “managed.” Kim Akeman: Awareness of deer fawning season with proposed maintenance. Confirm trees along trail are what are being discussed.

Commissioner Wooten: Should trees be left in the Sanctuary if they are diseased? Mr. Fuerst: Will consult the arborist.

Vice Chair Lee: June tree‐trimming timing in Sanctuary is good for overlap of Monarch departure and bird nesting season. Inspections to be done with care given to the importance of Duff which holds moisture and insects and are important to any ecosystem. Regarding GWP, suggestion to postpone tree trimming to September.

Mr. Fuerst: Majority of total work in GWP to be done in early May.

Chair Walkingstick: PG is a tricky zone for tree trimming and maintenance due to Monarchs overwintering and bird nesting seasons. Maintenance delays have gone on far too long. Use caution DRAFT PGCC 6-19-24

while in GWP, Piperia sightings near pictured downed trees. Questioned wood chips in zone 1 of GWP and timing of maintenance.

Mr. Fuerst: Unaware of wood chips. Consult with arborist and maintenance supervisor for timing.

Commissioner Brisson: Possible to leave snags?
Mr. Fuerst: Whenever possible, the arborist will leave snags where appropriate. No specifics for these projects.

Commissioner Gorman: Q: Is it possible to do 2:1 planting with mentioned Pine in Sanctuary.

Mr. Fuerst: Yes. It is possible.

8. NEXT MEETING – May 21st, 2024. 4pm. Council Chambers.

Meeting adjourned at 6:40pm
Respectfully submitted,
Christine Walkingstick
Acting Secretary
DRAFT PGCC 6-19-24

Agenda No. 10 B

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: George Fuerst, Environmental Program Manager
MEETING DATE: June 19, 2024
SUBJECT: Climate Action and Adaptation Planning Committee Minutes: May 18, 2023, August 17, 2023, February 15, 2024, and April 18, 2024
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive the minutes.

Attachments
May 2023 to April 2024 DRAFT CAAP Minutes
PGCC 6-19-24

Dra� Minutes

CLIMATE ACTION AND ADAPTATION

BROWN ACT SUBCOMMITTEE

REGULAR MEETING MINUTES
Thursday, May 18, 2023, 4:00 P.M.

Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA

1. CALL TO ORDER & ROLL CALL
Members Present: Coletti, McDonnell, McKenna, Myers, Poduri, Tibbs Staff Liaison: Fuerst

2. APPROVAL OF AGENDA
On a motion by Staff Liaison, the Committee voted 6-0 to approve the Agenda.

Motion passed.

3. ELECTION OF OFFICERS
On a motion by Member Poduri, seconded by Member McKenna, the Committee voted 6-0 to nominate Member Tibbs as Chair. Motion passed.

On a motion by Chair Tibbs, seconded by Member Poduri, the Committee voted 6-0 to nominate Member Steres as Vice Chair. Motion passed.

On a motion by Member Poduri, seconded by Member Coletti, the Committee voted 6-0 to nominate Member Myers as Secretary. Motion passed.

4. SUBCOMMITTEE AND STAFF ANNOUNCEMENTS (City-Related Items Only) Member Poduri stated that the City is currently pursuing a contract with Rincon to update City’s General Plan. Rincon may also provide guidance for the CAAP as an add-on to such contract.

5. GENERAL PUBLIC COMMENT
The following members of the public provided public comment:

Robert Frischmuth
Cathy Durven
Lisa Ciani
PGCC 6-19-24

Dra� Minutes
Jose Torres

6. REGULAR AGENDA
A. Establishment of regular meeting schedule, scope and direction of the Climate Action and Adaptation Subcommittee

1. Public Comment (Meeting Schedule) - None

2. On a Motion by Member Poduri, seconded by Chair Tibbs, the next meeting of the CAAP Subcommittee is scheduled for July 20, 2023 at 4:00p.m. At that meeting, the regular meeting schedule will be discussed.

3. Scope. Focus on action. Proposed focus and actions, included 1) focusing on greenhouse gas reduction, 2) inviting speakers from other cities to provide guidance, 3) exploring what grants may be available to City, creating webpage for CAAP Subcommittee to provide guidance to public, 4) partnering with Resilient Central Coast, 5) commissioning an energy audit, 6) supporting existing City projects with a view toward climate action and adaptation, 7) championing tree planting, 8) increasing walkability of City, 9) incorporating Local Coastal Program and Shoreline Management Plan. Discussion on potential speakers, including Integral, spokespersons from Carmel and Watsonville on what they experienced in adopting their CAAPs.

4. Public Comment (Scope).

The following members of the public provided public comment:

Robert Frischmuth
Jose Torres
Lisa Ciani
B. Presentation from Amaury Berteaud, Sustainable Program Manager at Association of Monterey Bay Area Governments (“AMBAG”)

7. NEXT MEETING – July 20, 2023 4:00p.m.

8. ADJOURNMENT – 5:34 p.m.

PGCC 6-19-24

CLIMATE ACTION AND ADAPTATION

BROWN ACT COMMITTEE

REGULAR MEETING MINUTES
Thursday, August 17, 2023
Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA

1. CALL TO ORDER & ROLL CALL
Members Present: Coletti, McDonnell, McKenna, Myers, Poduri, Tibbs Staff Liaison: Fuerst

2. APPROVAL OF AGENDA
On a motion by Staff Liaison, the Committee voted 6-0 to approve the Agenda.

Motion passed.

3. SUBCOMMITTEE AND STAFF ANNOUNCEMENTS (City-Related Items Only) Vice Chair McKenna referenced Urban Ocean Lab and stated that it has generated a list of funding opportunities for coastal cities, along with qualifications and deadlines. stated that the City is currently pursuing a contract with Rincon to update City’s General Plan. Rincon may also provide guidance for the CAAP as an add-on to such contract.

4. GENERAL PUBLIC COMMENT
None.

5. REGULAR AGENDA
A. Presentation from Alex Yasbeck, City of Watsonville Environmental Projects Manager.

Presentation outlines both Conventional and Non-Conventional CAAP Plans and discusses the advantages and disadvantages of each. Mr. Yasbek then discusses Watsonville’s experiences in developing its CAAP Plan and lessons learned.

1. Public Comment– The following member of the public provided public comment:

Kathy Durbin

2. Committee Discussion
Discussion: Potential legal implications, potential funding limitations, State’s reaction to NonConventional CAAP Plan. Focus on transportation emissions (and tourism as a contributing factor) and the need for more EV charging stations. Discussion on changing City accounts to DRAFT PGCC 6-19-24

Central Coast Community Energy. Recommendation to review Santa Cruz County for model Non-Conventional CAAP Plan.

B. Discuss Central Coast Community Energy (3CE) services and recommend that the City switch to 3CE and encourage residents and businesses to do the same.

Judy Young, Senior Member Agency Account Manager, at 3CE discusses the company’s mission to provide local and 100% clean/renewable energy to the Central Coast. She describes incentives and rebates offered to customers.

1. Public Comment– The following members of the public provided public comment:

Lisa Ciani
Kathy Durbin

2. Committee Discussion
Discussion: Analysis of PG’s various accounts. Every eligible account is automatically enrolled in 3CE. Discussion of advantages of 3CE Prime account and whether PG should switch to Prime. Request reports from 3CE on PG usage relative to current PG usage, eligibility of non-3CE accounts and additional cost of switching to 3CE Prime.

Motion – Direct G Fuerst to get reports from 3CE for submission to Council in order for Council to evaluate and optimize PG’s clean energy usage. Motion Passed 6-0.

6. NEXT MEETING – November 16, 2023

7. ADJOURNMENT
DRAFT PGCC 6-19-24

CLIMATE ACTION AND ADAPTATION

PLANNING BROWN ACT

COMMITTEE

REGULAR MEETING MINUTES
Thursday, February 15, 2024
Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA

1. CALL TO ORDER & ROLL CALL
Members Present: Coletti, McDonnell, Poduri, Myers, Gorman Staff Liaison: George Fuerst, Environmental Program Manager

2. ELECTION OF OFFICERS
A. Election of Chair: On a motion by Member Colletti, the Committee voted 5-0 to elect Lori McDonnell as Chair.

B. Election of Vice Chair: On a motion by Member Myers, the Committee voted 5-0 to elect Cathy Wooten as Vice Chair.

C. Election of Secretary: On a motion by Chair McDonald, the Committee voted 5-0 to retain Susan Myers as Secretary.

3. SUBCOMMITTEE AND STAFF ANNOUNCEMENTS (City-Related Items Only) None.

4. GENERAL PUBLIC COMMENT
None.

5. APPROVAL OF AGENDA
On a motion by Member Gorman, the Committee voted 5-0 to approve the Agenda.

6. REGULAR AGENDA
A. Presentation from Lacey Raak, California Green Business Network (the “Network”).

Presentation outlines how the Network provides free technical and financial assistance to local businesses to improve their environmental performance. The Network then promotes these businesses for their green accomplishments. Elements of improved performance include: (i) reducing water consumption, (ii) reducing energy consumption, (iii) commuting sustainably, (iv) preventing pollution, (v) avoiding use of toxic cleaners, (vi) improving recycling and (vii) hiring local workers. The improvement results are tracked and can by used by cities to measure the success of their CAAP plans. The Network’s efforts in Monterey County has largely been State funded, but that funding is about to dry up. The Network is asking for communities to DRAFT PGCC 6-19-24

contribute $15,000 by May to preserve viability in Monterey County. If the City does contribute, then we would be “guaranteed” to have Network outreach to PG businesses.

1. Public Comment– None.

2. Committee Discussion – The Committee asked questions to confirm aspects of the Network’s program, including, (i) whether and to what extent there is overlap between the Network and other organizations offerings; and (ii) whether the City itself could become a “green business”.

B. Discussion of Scope and Direction of CAAP Committee.

George Fuerst gave a recap of where we are with respect to CAAP Plan:
- The City has $100,000 included in the FY 23/24 budget for CAAP contractor services. - We need to decide the scope of services for our CAAP Plan – key focus areas, conventional v non-conventional plan, action v adaptation balance.

1. Public Comment– None.

2. Committee Discussion
Discussed the need to hire consultant to help us decide what our CAAP Plan should look like.

The sooner the better. Requested that staff collect and disburse to Members a list of all existing reports commissioned by PG in the past (e.g. Shoreline Management Plan) that would guide our efforts on CAAP Plan. Suggested that staff prepare RFP for CAAP consultant. Since not on the Agenda, a motion will be continued to next meeting. In the meantime, Members could review RFPs issued by neighboring cities to guide the discussions.

6. NEXT MEETING – April 18, 2024

7. ADJOURNMENT
DRAFT PGCC 6-19-24

CLIMATE ACTION AND ADAPTATION

BROWN ACT COMMITTEE

REGULAR MEETING MINUTES
Thursday, April 18, 2024
Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA

1. CALL TO ORDER & ROLL CALL
Members Present: McDonnell, Poduri, Myers, Wooten, Gorman Not Present: Coletti
Staff Liasion: George Fuerst, Environmental Program Manager

2. APPROVAL OF AGENDA
On a motion by Member Poduri, the Committee voted 5-0-1, Member Coletti absent, to approve the Agenda.

3. SUBCOMMITTEE AND STAFF ANNOUNCEMENTS (City-Related Items Only) None.

GENERAL PUBLIC COMMENT
Received comment from Lisa Ciani.

4. APPROVAL OF MINUTES
On a motion by Member Gorman, the Committee voted 5-0-1, Member Coletti absent, to approve the February 15, 2024 Minutes.

5. REGULAR AGENDA
A. Presentation from George Fuerst, Environmental Program Manager – Climate Action and Adaptation Planning RFP Concept Review.

Review of DRAFT Request for Proposal (RFP) to provide climate action and adaptation planning services.

1. Public Comment – none.

2. Committee Discussion – The Committee asked questions and discussed the RFP. Questions included whether $100k would be sufficient funding and if the budgeted amount would automatically rollover to next fiscal year, how the RFP was crafted, if the proposed schedule would be feasible, what would be the pros/cons of CEQA qualified plan. Suggestions included adding language to the RFP that asked potential consultants what their experience and guidance is regarding conventional/nonconventional plans.

DRAFT PGCC 6-19-24

6. NEXT MEETING – May 16, 2024
A. Public Comment – Comment received from Lisa Ciani.

B. Committee Discussion – Committee expressed agreement with public comment suggesting future collaboration with new City Manager and Community Development Director, and discussed timeline of future meetings.

7. ADJOURNMENT – 4:47PM
DRAFT PGCC 6-19-24

Agenda No. 10 C

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Sandra Kandell, City Clerk/DEI Coordinator
MEETING DATE: June 19, 2024
SUBJECT: Diversity, Equity and Inclusion Task Force Minutes: May 13, 2024 CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive the minutes.

Attachments
DEI Minutes
PGCC 6-19-24

MEETING MINUTES

CITY OF PACIFIC GROVE

DIVERSITY, EQUITY, AND INCLUSION TASK FORCE

REGULAR MEETING
Monday, May 13, 2024, 6:00 P.M.

Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA JOIN THE ZOOM WEBINAR TO PARTICIPATE LIVE AT:
https://www.cityofpacificgrove.org/Zoom_DEI

1. CALL TO ORDER / ROLL CALL
The meeting was called to order at 6:01pm by Chair Bui. City Clerk/DEI Coordinator Kandell conducted roll call with the following Task Force members present in person: Chair Bui, Secretary Hoops, Member Doneux. Absent: Vice Chair Fryberger.

2. APPROVAL OF AGENDA
Action: Upon motion by Chair Bui and seconded by Member Doneux the Task Force voted 3-0 to approve the agenda.

3. PRESENTATIONS
No presentations were scheduled.

4. TASK FORCE AND STAFF ANNOUNCEMENTS (City-Related Items Only) The Task Force received announcements from Member Doneux and Chair Bui.

5. COUNCIL LIAISON ANNOUNCEMENTS
No Council Liaison announcements were received.

6. GENERAL PUBLIC COMMENT
Public Comment received from: Mayor Peake, City Manager Matt Mogenson, Adam de Boor, Mike Gibbs, Vince Tuminello, Carol Marquart, Beth Walker, and Mari Adams.

A. Written General Public Comment

7. CONSENT AGENDA
Action: Upon motion by Member Doneux and seconded by Secretary Hoops, the Task Force voted 3-0, to approve the Consent Agenda.

A. Minutes of the Diversity, Equity and Inclusion Task Force April 8, 2024 Regular Meeting Action: Approved minutes.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
B. Pride Month 2023
Reference: Kim Bui, Chair
Action: Received a resolution recognizing June as Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) Pride Month and recommended the City Council adopt it at its PGCC 6-19-24

May 15, 2024 meeting.

8. REGULAR AGENDA
A. Draft Value Statement for City Council
Public comment received from Mike Gibbs.

Action: Upon motion by Secretary Hoops and seconded by Member Doneux, the Task Force voted 3-0 to recommend that the City Council adopt the proposed Value Statements on Diversity and Equity with edits made during Task Force discussion.

B. Review of the Draft DEI Resources Webpage
Public comment received from Vince Tuminello, Mike Gibbs, Colleen Ingram, Adam de Boor, Beth Walker, Carol Marquart, Mari Adams, Luke Coletti.

Action: The Task Force reviewed the draft DEI Resources webpage and recommended a Study Session for an in-depth Task Force review of the draft webpage. Chair Bui stated that she would coordinate a Study Session date with City Clerk/DEI Coordinator Kandell.

NEXT MEETING: June 10, 2024 at 6:00 PM

9. ADJOURNMENT
The meeting was adjourned at 7:12 p.m.

Respectfully Submitted,
Katie Hoops
Secretary
Approved by Chair: ______________________________________Date________________________ PGCC 6-19-24

Agenda No. 11 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Leticia Livian, Human Resources Director
MEETING DATE: June 19, 2024
SUBJECT: Ordinance Amending the Salary Classification Schedule CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION

1. Request the City Attorney read the title of the ordinance;

2. Motion to waive further reading of the ordinance;
Introduce and hold a first reading of an ordinance to amend the salary classification schedule; and approve the amendment; and

3. 4. Direct that a summary of a proposed ordinance be published as approved by the City Attorney

DISCUSSION
The City salary classification schedule identifies the job classifications approved by Council (e.g., Office Assistant) and the hourly rates of pay for each classification at each step authorized by the Personnel Rules. Pursuant to Charter Article 25 and Pacific Grove Municipal Code (PGMC) Section 4.20.280, approval and amendment to the classification schedule must be adopted by the Council.
2023 MOU & Benefit and Compensation Plans
Last year, City Council approved the General Employees Association (GEA) and Management Employees Association (MEA) Memorandum of Understanding (MOU). City Council also approved the Benefits and Compensation Plans (Plans) for Non-represented Management and Confidential Group and the Department Head Group.

Approval of the MOU’s and Plans included a 3% cost of living adjustment (COLA) for three years (FY 23/24, FY 24/25, FY 25/26), or a market adjustment for certain classifications divided in year one and year two. The year two COLA, or market adjustment is effective the first full pay period in July 2024.

Pursuant to Charter Article 25 and Pacific Grove Municipal Code (PGMC) Section 4.20.280, approval and amendment to the classification schedule must be adopted by the Council.

The requested changes are for GEA, MEA Non-represented Management and Confidential and the Department Head Groups and classifications that align with these groups. All other classifications in the salary schedule remain the same. To view the current salary schedule, click here.

PGCC 6-19-24

The revised salary schedule reflecting the changes are incorporated into the attached ordinance with impacted classifications bolded in black.

OPTIONS
Provide alternative direction to staff.

FINANCIAL IMPACT:

The COLA’s and market adjustments are budgeted in the FY 24/25 budget.

GEA
The increase for year 2 of the COLA is estimated to be approximately $129,000 for FY 24/25.

MEA
The increase for year 2 of the COLA and market adjustment is estimated to be approximately $45,144 ($29,644+$15,500) for FY 24/25.

Non-represented Management and Confidential and Department Head Groups The increase for year 2 of the COLA for non-represented confidential group is estimated to be approximately $35,048 for FY 24/25.

The increase for year 2 of the COLA and market adjustment for the department head group is estimated to be approximately $64,150 ($45,200 + $18,950) for FY 24/25.

FOCUSED PRIORITY AREA: Not Applicable.

Attachments
Ordinance
PGCC 6-19-24

ORDINANCE NO. 24-________

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE

AMENDING THE CLASSIFICATION SCHEDULE
Findings

1. In 2023, City Council approved the General Employees Association (GEA) and Management Employees Association (MEA) Memorandum of Understanding (MOU).

City Council also approved the Benefits and Compensation Plans (Plans) for Nonrepresented Management and Confidential Group and the Department Head Group; and

2. Approval of the MOU’s and Plans included a 3% cost of living adjustment (COLA) for three years (FY 23/24, FY 24/25, FY 25/26), or a market adjustment for certain classifications divided in year 1 and year 2.; and

3. Provisions of the MOU provides for a 3% cost of living adjustment (COLA) in the first year of the agreement, 3% COLA in the second year of the agreement, and 3% COLA in the third year of the agreement; and

4. The year 2 COLA, or market adjustment is effective the first full pay period in July 2024; and

5. FY 24/25 3% COLA and salary market adjustments will be effective July 7, 2024.

6. The GEA, MEA, Non-Represented and Confidential and Department Head Groups and classifications that align with those groups, salary ranges will be revised to reflect the second year 3% COLA increase, or 50% of the market adjustment for identified classifications; and

7. Modifications to the salary classification plan must be amended to revise hourly rates; and

8. Amendment to the classification plan must be adopted by the City Council pursuant to Charter Article 25 and Pacific Grove Municipal Code (PGMC) Section 4.20.280; and

9. In the enactment of this ordinance, the City followed the guidelines adopted by the State of California and published in the California Code of Regulations, Title 14, Section 15000, et seq. Enactment of this ordinance action does not constitute a “project” as defined by California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment pursuant Section 15378.

PGCC 6-19-24

Ordinance

NOW, THEREFORE, THE COUNCIL OF THE CITY OF PACIFIC GROVE DOES ORDAIN AS FOLLOWS:

SECTION 1. The foregoing findings of the City Council are incorporated into this Ordinance as if set forth in full.

SECTION 2. The position classification plan approved and adopted by the City Council pursuant to Charter Article 15 and PGMC § 4.20.280 is amended for GEA, MEA, Nonrepresented Management and Confidential and Department Head Groups classifications and MEA aligned classifications, with the following salary schedule:

PGCC 6-19-24

City of Pacific Grove
Salary Schedule - Hourly Rate
Full-time and Part-time
Hourly Salary Steps
Step Step Step Step Step Step Step Step
1A 2B 3C 4D 5E 6F 7G 8H
124-001 Accountant 34.78 36.52 38.35 40.26 42.28 43.33 44.42 45.53 219-000 Accountant, Chief 41.58 43.66 45.84 48.14 50.54 52.44 54.41 218-003 Accountant, Senior 39.69 41.67 43.76 45.95 48.24 50.05 51.93 120-001 Accounting Assistant 27.45 28.83 30.27 31.78 33.37 34.20 35.06 35.94 125-01 Accounting Assistant, Senior 29.19 30.65 32.18 33.79 35.48 36.37 37.28 38.21 304-001 Administrative Services Director (ASD) 69.70 73.18 76.84 80.68 84.72 88.95 93.40 302-001 ASD/ Assistant City Manager 78.44 82.36 86.48 90.81 95.35 100.11 105.12 212-000 Administrative Services Manager 55.79 58.58 61.50 64.58 67.81 71.20 74.76 170-000 Administrative Analyst 35.10 36.85 38.69 40.63 42.66 43.72 44.82 45.94 104-001 Administrative Assistant 23.67 24.85 26.09 27.40 28.77 29.49 30.22 30.98 171-001 Administrative Coordinator 26.80 28.14 29.55 31.03 32.58 33.39 34.23 35.08 505-001 Animal Control Officer 27.71 29.10 30.55 32.08 33.68 34.94 36.26 216-002 Assistant Finance Manager 37.99 39.89 41.88 43.98 46.17 47.91 49.70 090-000 Cashier 16.00 16.80 17.64 18.52 19.45
243-001 City Clerk 56.94 59.78 62.80 65.91 69.21 72.67 76.30 244-001 City Clerk/DEI Coordinator 59.79 62.78 65.91 69.21 72.67 76.30 80.12 002-000 City Council Member 420 per month
301-001 City Manager 121.00
300-001 City Manager Pro Tempore 121.00
164-002 Code Compliance Officer 35.56 37.34 39.20 41.16 43.22 44.30 45.41 46.54 205-000 Community Development Director 71.82 75.41 79.18 83.14 87.29 91.66 96.24 507-001 Community Service Officer 28.30 29.72 31.20 32.76 34.40 35.69 37.03 209-000 Construction Project Manager 43.24 45.41 47.68 50.06 52.56 54.53 56.58 40-000 Custodian 17.13 17.98 18.88 19.83 20.82
204-001 Deputy City Clerk 34.28 35.99 37.79 39.68 41.67 43.75 45.94 305-001 Deputy City Manager 66.58 69.90 73.40 77.07 80.92 84.97 89.22 156-001 Equipment Mechanic 34.92 36.67 38.50 40.43 42.45 43.51 44.60 45.71 157-000 Equipment Mechanic, Senior 37.17 39.03 40.98 43.03 45.18 46.31 47.47 48.66 256-000 Finance Director 69.70 73.18 76.84 80.68 84.72 88.95 93.40 208-001 Financial Analyst 32.99 34.64 36.37 38.19 40.10 41.60 43.16 310-001 Human Resources Director 69.88 73.38 77.05 80.90 84.94 89.19 93.65 210-001 Human Resources Manager 49.89 52.39 55.01 57.76 60.65 63.68 66.86 105-001 IT Support Specialist 27.58 28.96 30.41 31.93 33.53 34.36 35.22 36.10 64-000 Intern 16.00 16.80 17.64 18.52 19.45
64-3 Intern II 20.76 21.80 22.89 24.03 25.24
208-002 Librarian 32.99 34.64 36.37 38.19 40.10 41.60 43.16 122-001 Library Assistant 25.47 26.74 28.08 29.48 30.95 31.73 32.52 33.33 144-002 Library Assistant, Senior 27.30 28.66 30.10 31.60 33.18 34.01 34.86 35.73 199-000 Library Clerk 19.13 20.09 21.09 22.15 23.25
219-000 Library Director 67.50 70.87 74.42 78.14 82.04 86.15 90.45 50-004 Lighthouse Docent Coordinator 16.00 16.80 17.64 18.52 19.45 154-000 Maintenance Supervisor 37.11 38.97 40.91 42.96 45.11 46.24 47.39 48.58 132-000 Maintenance Worker 29.62 31.10 32.65 34.29 36.00 36.90 37.82 38.77 146-001 Maintenance Worker, Senior 33.23 34.89 36.63 38.47 40.39 41.40 42.43 43.49 208-003 Management Analyst 39.48 41.45 43.52 45.70 47.98 49.78 51.65 001-000 Mayor 700 per month
Code Classification
1 PGCC 6-19-24

City of Pacific Grove
Salary Schedule - Hourly Rate
Full-time and Part-time
Hourly Salary Steps
Step Step Step Step Step Step Step Step
1A 2B 3C 4D 5E 6F 7G 8H Code Classification
506-001 Parking Enforcement Officer 26.63 27.96 29.36 30.82 32.36 33.58 34.84 165-001 Planner, Assistant 36.15 37.96 39.86 41.85 43.94 45.04 46.17 47.32 168-002 Planner, Associate 40.17 42.18 44.29 46.50 48.83 50.05 51.30 52.58 241-002 Planner, Principal 50.22 52.73 55.37 58.14 61.05 63.33 65.71 169-001 Planner, Senior 45.49 47.77 50.16 52.66 55.30 56.68 58.10 59.55 201-000 Police Adm. Services Manager (ASM) 55.79 58.58 61.51 64.58 67.81 71.20 74.76 211-001 Police ASM/Public Information Officer 58.58 61.50 64.58 67.81 71.20 74.76 78.50 602-001 Police Chief 78.20 82.11 86.21 90.52 95.05 99.80 104.79 601-001 Police Commander 62.22 65.34 68.60 72.03 75.63 79.42 83.39 516-001 Police Officer 46.33 48.65 51.08 53.63 56.32 58.43 60.62 513-000 Police Officer Recruit 24.94 26.19 27.50 28.87 30.32 31.46 32.64 521-002 Police Records Supervisor 32.12 33.73 35.41 37.18 39.04 40.51 42.03 524-001 Police Sergeant 53.53 56.21 59.02 61.97 65.07 67.51 70.04 508-001 Police Services Technician 28.30 29.72 31.20 32.76 34.40 35.69 37.03 62-001 Pre School Manager 19.30 20.27 21.28 22.35 23.46 219-001 Program Manager 45.22 47.49 49.86 52.35 54.97 57.03 59.17 206-000 Program Manager, Senior 55.79 58.58 61.50 64.58 67.81 71.20 74.76 509-001 Property and Evidence Technician 29.72 31.20 32.76 34.40 36.12 37.48 38.88 207-000 Public Works (PW) Director 72.06 75.67 79.45 83.42 87.59 91.97 96.57 303-001 PW Director/ Deputy City Manager 75.31 79.08 83.03 87.18 91.54 96.12 100.92 220-002 Public Works Superintendent 49.17 51.63 54.21 56.92 59.76 62.00 64.33 10-001 Recreation Assistant I 16.00 16.80 17.64 18.52 19.45 51-001 Recreation Assistant II 19.62 20.60 21.63 22.71 23.85 118-001 Recreation Coordinator 29.24 30.70 32.24 33.85 35.54 36.43 37.34 38.27 217-003 Recreation Coordinator, Senior 40.62 42.65 44.79 47.03 49.38 51.23 53.15 62-002 Recreation Program Supervisor 25.30 26.57 27.90 29.29 30.76 216-003 Risk Manager 37.98 39.88 41.88 43.97 46.17 47.90 49.70 209-000 Senior Librarian 38.18 40.08 42.09 44.19 46.40 48.14 49.95 170-001 Volunteer Coordinator 28.78 30.22 31.73 33.32 34.98 35.86 36.75 37.67 Classification
203 Extra Help Retired Annuitant
Hourly Salary Range

15.50 - 106.96
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SECTION 3. The City Manager is directed to execute all documents and to perform all other necessary City acts to implement this Ordinance.

SECTION 4. In accord with Article 15 of the City Charter, this ordinance shall become effective on July 7, 2024.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE this ___ day of July 2024, by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:
________________________
BILL PEAKE, Mayor
ATTEST:
_________________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
_________________________________
BRIAN PIERIK, City Attorney
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Agenda No. 12 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Matt Mogensen, City Manager
MEETING DATE: June 19, 2024
SUBJECT: Direction to City Manager regarding Outside Dining/Parklets CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION

1. Motion to direct City Manager in regard to applications for a Coastal Development Permit (CDP) for three parklets in the Coastal Zone based on the following options:
(1) Owner applies for a CDP and pays the fees estimated to be $6,525; (2) Owner applies for a no-fee CDP since there is a public benefit to the parklets which are open for public use, and in such circumstances a fee waiver is authorized; or (3) other action as determined appropriate by the Council.

2. Motion to direct City Manager in regard to retaining consultant to draft Manual for Outside Dining

3. Take other action related to this item.

DISCUSSION
For the purposes of this staff report, the term “Parklet” refers to dining located within parking spaces in the City right-of-way.

A. 2014 Parklet Pilot Program
On March 19, 2014, the City Council approved the implementation of a pilot project for four parklets in the Downtown and Central Avenue commercial areas. See Agenda Report (Attachment 1) and Minutes (Attachment 2).

B. Parklets in Coastal Zone
Parklets within the Coastal Zone were temporarily permitted under the City’s COVID-19 related emergency proclamations which allowed for a waiver of normal permit requirements and processing.

On March 1, 2023, the City Council adopted Resolution No 23-005 terminating the COVID-19 state of emergency. The end of the emergency means that normal permitting requirements for activities within the Coastal Zone are now in place.

There are currently three permitted parklets on Central Avenue within the Coastal Zone. Two were PGCC 6-19-24

permitted under the Covid emergency declarations and one was permitted as part of a pilot program in 2014 (pre-Covid). The encroachment permits for the three parklets in the Coastal Zone will expire on June 30, 2024. The City’s Local Coastal Program Implementation Plan was not adopted until 2020, and the City did not issue CDP’s prior to 2020.

The City’s regulations require parklets within the Coastal Zone to obtain a CDP from the City in conformance with Chapter 23.90 – Local Coastal Program Implementation Plan. Specifically, Section

23.90.030 provides that all development, as defined in Coastal Act Section 30106, within the Coastal Zone requires a CDP, and that the Planning Commission shall take initial action on all CDP applications, which decisions are appealable to the City Council If any of the three parklets in the Coastal Zone do not have a Coastal Development Permit (CDP), then those applicants will need to obtain a CDP from the City. Staff is researching the parameters of the pilot program to determine the type and extent of Coastal Commission review performed, if any, for that 2014 pilot parklet.

The CDP permitting process involves multiple steps and is relatively expensive, but follows a statutorily required process, and is based on the actual fees and costs of processing the permit. In specific circumstances where the permitted activity results in a public benefit, the City Council may waive permitting fees. In these circumstances, a public benefit exists because one condition of approval for the approved parklets requires them to remain accessible to the public, and not operate for the exclusive use by patrons of the permitted businesses.

C. Encroachment Permits
In addition to the three parklets located in the Coastal Zone, there are eleven other parklets approved by the City that are located outside of the Coastal Zone.

Due to the complexity of the issues relating to parklets, and the time needed for staff to fully evaluate those issues, the City Manager plans to extend the encroachment permits for the fourteen existing parklets to June 30, 2025. Special conditions will be placed on these encroachment permit extensions as explained in Sections D and E. below.

D. Parklet Manual
One of the actions proposed in the Recommendation of this Agenda Report is to authorize the City Manager to retain a consultant to draft a Manual that will include design criteria for Outside Dining, which may include sidewalks and parklets depending on discussion and direction from the City Council. The goal of the manual will be to lay out standards, criteria and design parameters for businesses to utilize sidewalk areas for outside dining. The manual may also include standards and criteria for parklets located in parking spaces.

The encroachment permits will include a condition of approval that requires the parklet owner to comply with the requirements of the adopted Manual within sixty days notice from the City. If any parklet does not comply with the requirements of the Manual within that sixty day period, then the parklet owner must remove the parklet by the 60th day. If the parklet is not removed by the 60th day, then the City may remove the parklet at the expense of the owner.

E. Sidewalk Extension
There are also three parklets located along the southern side of Lighthouse Avenue, near the Fountain Avenue intersection, which will need to be removed to allow for the City to construct a sidewalk widening project which is the subject of a separate Agenda Report for this City Council meeting. The encroachment permits for these three parklets will include a condition of approval that requires the PGCC 6-19-24

parklet owner to remove the parklet within sixty days notice from the City to allow for the construction of the sidewalk widening project. If the parklet is not removed by the 60th day, then the City will remove the parklet at the expense of the owner. The sidewalk extension project described in the project Agenda Report contains a cost estimate line item that details the cost for the City to remove the parklet.

OPTIONS
Take other action related to this item.

FINANCIAL IMPACT:

If the application fees for the parklets is waived, then the fiscal impact will be the amount of the fee waiver.

FOCUSED PRIORITY AREA: Not Applicable.

Attachments
1 City Council Agenda Report March 19, 2014 (Pilot Program) 2 City Council Minutes March 19, 2014
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Regular Agenda Item No. 13A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950

AGENDA REPORT
TO: Members of the City Council
FROM: Kurt Overmeyer, Economic Development Manager
MEETING DATE: March 19, 2014
SUBJECT: Parklet Pilot Project
CEQA:

This matter has a CEQA Class 11 categorical exemption as provided by Section 15311 of the CEQA Guidelines, set forth in Title 14 of the California Code of Regulations

RECOMMENDATION

1. Approve the implementation of four parklets in the Downtown and Central Avenue commercial areas as a pilot project.

2. Authorize the purchase of decorative planters and traffic barriers for an amount not to exceed $15,000 as required.

DISCUSSION
The Downtown and Central Avenue commercial areas of Pacific Grove have the potential to become high-energy corridors for commercial activity and retail sales. In order to achieve this goal, the City and the business community will need to make investments that encourage pedestrian activity on the street, increased comfort for pedestrians, and better interaction between the street and the stores. Making these changes can be extremely expensive if created with permanent streetscape improvements (such as extending sidewalks, creating landscaped areas, and buying street furniture) and missteps can be difficult to overcome. Alternatively, the City can develop partnerships with our businesses to create engaging outdoor spaces that are temporary, inexpensive, and attractive by using interim improvements. One such improvement is known as a parklet.

Parklets are simply the conversion of a parking space into another use. Parklets can be parks, gathering areas, seating areas, play structures, planters, or even outdoor dining areas. In recent years, many cities have participated in the International Park(ing) Day held each September where local businesses, designers, and residents take over parking spaces for uses other than the storage of cars. During Park(ing) Day, parking in commercial areas is converted by adjoining businesses into parks and gathering areas. Cities have also embraced parklets as a way to provide additional space to local businesses to have outdoor dining or other service areas, especially in urban centers much like Downtown Pacific Grove and the Central Avenue commercial area.

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Regular Agenda Item No. 13A
March 19. 2014

Over the course of the past year, staff, the Business Improvement District, and the Chamber of Commerce have engaged several businesses that are interested in creating their own area. Three businesses in Downtown and one business on Central have indicated a strong interest in moving forward with a pilot project if the City is willing to participate. Each of these businesses has at least one parking space adjacent that could be converted without adversely impacting the parking supply nearby. One of these businesses has already engaged the assistance of a professional designer in order to ensure that their parklet is attractive and functions effectively.

In order to protect pedestrians from drivers that may not notice the existence of a parklet in an area where they have parked previously, the City may require that any parking area taken over for other use should be surrounded by substantial barriers that could stop a vehicle. As is the case with the parklets themselves, these barriers would be movable. Decorative traffic barriers and/or planters designed to serve as traffic barriers could be purchased by the City and delivered to those areas where Parklets could be constructed. The need for these barriers will be determined by the location and design of the Parklet and may not be necessary in most cases. If every parklet were to require barriers the cost would be roughly $15,000. As is shown by the images attached to this report, few Parklets even on busy streets with speed limits of 35 mph require barriers.

During the pilot phase, businesses would be required to build a structure that would join the curb to the parklet without a gap, and allow for the free passage of water through the gutter at the businesses sole expense. The business would also be required to provide any tables, chairs, or other seating in conjunction with their Parklet. The business would be required to secure any tables and chairs, provide the City with evidence of insurance and an insurance certificate naming the City as additionally insured, and would be required to dry sweep the area daily.

The pilot project should run for one year. If significant problems arise during the pilot project, then staff will, in collaboration with the host business, either resolve the issue or remove the parklet. Upon completion of the pilot period, those parklets that have been successful will be retained and staff will work with other businesses who may be interested.

The Economic Development Commission reviewed this proposal and is recommending it to the Council for its approval.

Attached to this report are a number of photographs of parklets found in other cities. These photos show a wide range of creative applications of this concept. Additionally, there are photos of “off-the-shelf” decking systems that can create the transition from curb to crown.

OPTIONS

1. Approve a different pilot effort, such as one restricted to the Downtown or involving fewer businesses

2. Do nothing.

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Regular Agenda Item No. 13A
March 19. 2014

FISCAL IMPACT
Up to $15,000. The neecessary funds will be requested in an upcoming budget modification request.

ATTACHMENTS

1. Photos and illustrations of parklets from other areas.

RESPECTFULLY SUBMITTED:
_____________________________
Thomas Frutchey
City Manager
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INTENTIONALLY
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Parklets Used for Outdoor Dining

Attachment 1a 3-19-14
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Parklet as an Interim Public Park

Attachment 1a 3-19-14
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Parklet Under Construction - Note the Clear Path for the Gutter

Attachment 1a 3-19-14
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International Park(ing) Day Activities

Attachment 1a 3-19-14
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City of Pacific Grove
Parklets Building a Sense of Place

Attachment 1b 3-19-14
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Parklets
Public Space Reused
Should the space devoted to storing cars
be used for other things?
Parklets are a quick, inexpensive and
removable way to create a street
environment that is friendly to people -
not just cars.

Attachment 1b 3-19-14
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Parklets
Can we do it in
Pacific Grove?
Yes!
There are areas in Downtown and on
Central that are perfect for
implementation of this concept.

Attachment 1b 3-19-14
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Parklets
Where should they
go?
Downtown and Central Ave. Business
Districts:

Both areas enjoy a surplus of parking at
the current time, but suffer from a lack of
foot traffic. Creating outdoor cafes,
dining areas and other “activating” uses
is fast, inexpensive and effective when
Parklet programs are implemented.

Attachment 1b 3-19-14
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Parklets
Where has this been
tried?
Many major cities and some small cities
have parklet programs. In California,
the most notable uses of parklets are in
San Francisco, San Diego, La Jolla,
Oakland and Los Angeles. Locally, there
is a single parklet on Alvarado St. in
Monterey.

Attachment 1b 3-19-14
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Parklets
What are the Rules?
The rules for park lets should be easy to
navigate, simple and leave ample room for
creative ideas. Some typical rules include:
❖ Speed Limit of 30 mph or less
❖ Trees or plants around the edges (so drivers
notice!)
❖ Accessible
❖ Cleaned daily
❖ Paid for by Business
❖ Eateries only

Attachment 1b 3-19-14
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Parklets
How do we Start?

1. Form a Pilot Program in four locations
- 3 Downtown and one on Central.

2. Set up two Park(ing) days in 2014.

The Park(ing) days will allow our
local businesses in Downtown and on
Central to take over their adjacent
parking for the day and to create
whatever type of parking space park/
outdoor cafe they wish.

Attachment 1b 3-19-14
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Parklets
Where do we Start?
Staff/BID/Chamber have already
identified 4 potential businesses
interested in the pilot:
❖ Happy Girl (Central)
❖ Crema (Downtown)
❖ Red House (Downtown)
❖ Cafe Ariana (Downtown)

Attachment 1b 3-19-14
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Parklets
Pilot Rules
❖ Eateries/Cafes Only
❖ Swept Daily
❖ Must have a minimum of six 5 gallon
trees or bushes (provided by business).
❖ Tables/Chairs must be secured by
businesses.
❖ City will provide traffic barriers where
needed (greater than 25 mph speed limit).
❖ Free for 2014 - Fees established after/
during trial period

Attachment 1b 3-19-14
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Attachment 1b 3-19-14
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Attachment 1b 3-19-14
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Attachment 1b 3-19-14
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Agenda No. 12 B

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Gho, Public Works Director/Deputy City Manager MEETING DATE: June 19, 2024
SUBJECT: Lighthouse Avenue Sidewalk Widening Project
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Authorize the City Manager to go out to bid for the construction of the Lighthouse Avenue Sidewalk Widening Project.

1. 2. Alternatively, discuss and take other action related to this item.

DISCUSSION
In June of 2020, the City Council ratified emergency measures taken by the City Manager to streamline the processes through which businesses could offer outside dining. By August 1, 2020, approximately 11 restaurants were operating parklets on City property under the temporary rules established by the local emergency. In 2021 and 2022, the City Council adopted an ordinance with one-year sunset provisions that clarified the scope and effect of the temporary Parklet Program and Outside Dining rules.

At its March 22, 2023, meeting the City Council adopted Ord. 23-004, which expands the encroachment permit process to allow parklets in the public right-of-way.

With the adoption of Ord. 23-004, parklets are now authorized through an annual, temporary encroachment permit. Issuing an annual encroachment permit allows the parklets to remain temporary and revocable if the conditions noted on the encroachment permit are not met. Adoption of Ord. 23-004 also formed a subcommittee, consisting of Council Members Beck, Coletti, and McDonnell.

Since late October 2023, Council Member Beck has recused herself from participation in the parklet subcommittee. The subcommittee continued its efforts and developed the Lighthouse Avenue Sidewalk Widening Project.

The intent of the parklet subcommittee was to address the numerous inquiries and concerns related to the three parklets at Lighthouse Ave and Fountain Ave, and to devise methods to best address the safety concerns and potential conflicts between pedestrians and vehicles created by the parklets on this block.

The subcommittee was charged with evaluating and presenting a solution for the parklets in front of Aliotti’s Victorian Corner, Rudolfo’s Cafe, and Wild Fish Restaurant that could serve as the initial pilot program for a downtown outdoor dining experience.

With increased visibility and safety front of mind, the subcommittee, in consultation with the City’s PGCC 6-19-24

With increased visibility and safety front of mind, the subcommittee, in consultation with the City’s contracted traffic engineer, recommended consideration of extending the sidewalk, where parklets currently exist.

To address pedestrian safety, the subcommittee recommended harnessing curb extensions as tools for enhancing public safety at intersections. Curb extensions provide pedestrians with greater visibility by encroaching into a traditional parking lane and removing visual obstructions. Additional benefits of this project would include enhanced walkability for residents and visitors, improved drainage and flood protections, and permanent enhancement of the buildings and businesses in the most historic section of our downtown business district. Curb extensions also shorten crossing distances, further enhancing safety.

The subcommittee met numerous times between March of 2023 and February of 2024, including two meetings with stakeholders, which included the directly impacted property owners and tenants.

The sidewalk extension square footage will vary from each of the three properties, due to the width of the building, but the length of the parklets are consistent. The total sidewalk extension will be 26 feet from the face of the building, with approximately 18 feet of space reserved for outdoor dining and 8 feet for pedestrian travel. The dining space will be enclosed by a uniform fence where the restaurateur can determine the configuration of their tables.

City Staff, in conjunction with the members of the subcommittee, presented a rendering and options to the City Council at their February 21, 2024 meeting. At the meeting, the Council authorized the City Manager to finalize plans utilizing the preferred configuration as noted at the February meeting and described below.

Since the February meeting, Staff has commenced with formally engineering of the preferred configuration and determined the design details.

Preferred Configuration
The preferred configuration for the sidewalk extension allows proper alignment with the crosswalks along with vehicle and pedestrian movements, a bulb out will also have to be created on the Southeast side of Lighthouse and Fountain Avenue. This would include reconstruction of the Fountain Avenue intersection to ensure proper drainage and slope.

City Staff began finalizing the plans so bids could be solicited for construction. To complete the plan set the following items have been reviewed and plan sheets have been prepared for inclusion into the bidding packet, per Council’s direction:
a. Fencing details
b. Demolition plan for existing parklets, and
c. Tree and streetlighting details
The proposed sidewalk extension only addresses parklets within the block between Grand and Fountain Avenues. The continuation of the existing parklet and the opportunity to request new parklets through the encroachment permit process as specified in Title 15 of the City Code will continue. Encroachment permits for parklets run concurrently with the Fiscal Year. Staff is prepared to begin the renewal process for all parklets. Further discussion on special conditions that will be included to terminate the existing parklets earlier than one year is described in the companion Council Agenda report this evening to this item. Staff is receiving quotes for a consultant to prepare an outside dining manual which is also further described in the companion Council Agenda report.

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A tentative schedule has been developed for the preparation of the draft Outside Dining Manual (scope to be determined through the companion staff report discussion and direction) and sidewalk extension project. The schedule is as follows:

June 19, 2024: Staff to present finalized plan set to Council for sidewalk widening project July 3, 2024: Staff to present agreement with BFS, if necessary, to Council for the drafting of the Outside Dining Manual
July 8, 2024: Release of RFP for construction of sidewalk widening August 9, 2024: Proposals accepted for construction of sidewalk widening September 4 or 18, 2024: Construction bid awarded by the City Council and draft Outside Dining Manual presented to the City Council
Fall 2024: Construction
CEQA
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 Categorical Exemption, CEQA Guidelines Section 15301, Class I, Existing Facilities

OPTIONS

1. Authorize the City Manager to release a call for bids

2. Do not authorize the City Manager to seek bids for the Lighthouse Avenue Widening Project FINANCIAL IMPACT:

As part of the FY23/24 Capital Improvement Plan (CIP), the City Council allocated $50,000 for the Design of Sidewalk Extension for Outside Dining Uses (CIP24-06). At the time of this writing, $21,498 has been expended, but there are pending invoices for engineering and finalization of the construction plan set.

As part of the engineering of the sidewalk extension, a construction estimate has been developed and is as follows.

Civil/Flat Work: Sidewalk extension, bulb-outs,
curb ramps, drainage and intersection improvements
$251,250
Decorative details, including demo of existing
infrastructure, installing lighting, trees, fencing,
contingencies, and additional features
$152,818
Estimated Project Total $404,068
Please note, that the Council would need to approve additional funding (via a budget amendment or through the FY24/25 CIP process) to allow for sufficient funding to demolish the existing parklets and construct the designed improvements. If the Council authorizes the City Manager to release an RFP for construction, staff recommends receiving proposals and determining the true cost of the project.

Once staff receives the actual cost for the project, a budget amendment can be presented to the Council for consideration.

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Additionally, the preparation of an Outside Dining Manual may also require a budget amendment for the document to be completed depending on the final scope.

FOCUSED PRIORITY AREA: Infrastructure
Attachments
Rendering
Plans
Engineers Estimates
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Area Plan Callout
Reference Note
Detail Reference
Revision Callout
Elevation Callout
Section Callout
DESIGN INTENT These Drawings and accompanying technical specifications represent the general design intent to be implemented on the site. Contractor shall be responsible for contacting the Owner's Representative for any additional clarification or details necessary to accommodate site conditions.

CONTRACTOR COORDINATION The Contractor shall coordinate and otherwise integrate his work with that of others in an efficient, craftsmanlike and timely manner so as to provide the Owner with a well-constructed, easily maintainable project. Each contractor shall notify others at least two working days in advance of covering, completing or exposing work to be installed by others.

CONTRACTORS' JOB SITE CONDITIONS Refer to Division 00 and Division 01 of the Project Specifications.

GENERAL SITE NOTES The Contractor agrees to assume sole and complete responsibility for site conditions during the course of construction of this project, including safety of all persons and property; that this requirement shall apply continuously and not be limited to normal working hours; and that the Contractor shall defend, indemnify and hold the Owner and the Design Consultant harmless from any and all liability, real or alleged in connection with the performance of work on this project, excepting liability arising from the sole negligence of the Owner or the Design Consultant.

COMPOSITE BASE SHEET The proposed improvements shown on these Drawings are superimposed on a base sheet. This base sheet is compiled from a an engineering document as made available by the Owner. The Design Consultant shall not be held liable for changes, inaccuracies, omissions or other errors on these documents. The composite base sheet is provided only as an aid, and the Contractor shall be responsible for reviewing these documents and incorporating/integrating all construction as required to accommodate same.

UTILITIES A reasonable effort has been made to locate and delineate all known underground utilities. The Contractor is cautioned that only excavation will reveal the types, extent, sizes, location and depths of such underground utilities. However, the Design Consultant can assume no responsibility for the completeness or accuracy of delineation of such underground utilities, nor for the existence of other buried objects or utilities which are not shown on these Drawings. · For areas under public ownership or private lands with public utility easements, the Contractor is responsible for contacting utility companies prior to commencing construction, and requesting a visual verification of the locations of their underground utilities. The utility companies are members of the Underground Service Alert (USA) one-call program. Notification shall be a minimum of (2) working days in advance of performing excavation work by contacting USA North at 811 / 1-800-227-2600 / www.usanorth.org for Northern California, and DigAlert 811 / www.digalert.org for Southern California. · For areas under private ownership and campuses not members of USA, the Contractor is responsible for engaging the services of a private utility locator for a visual verification of the locations of underground utilities. Excavation is defined as being 6 or more inches in depth below the existing surface.

LIGHTHOUSE AVENUE SIDEWALK WIDENING

ABBREVIATIONS
SHEET NO: CONTENTS: 75% CD 100% CD
L-0.0 Cover Sheet
L-1.0 Demolition Plan
L-2.0 Layout Plan
L-3.0 Planting Plan
L-4.0 Landscape Details

SHEET INDEX

GENERAL NOTES
100% CONSTRUCTION DOCUMENTS

PACIFIC GROVE, CALIFORNIA

LOCATION MAP

VICINITY MAP

CODES / STANDARDS

PROJECT DIRECTORY
AB Aggregate Base
AC Asphalt Concrete
AD Area Drain
ALT Alternate
APPROX Approximate
ARCH Architectural
BLDG Building
BC Bottom of Curb
BW Bottom of Wall
BS Bottom of Step
BOT Bottom
CB Catch Basin
CBC CA Building Code
CI Cast Iron
CL, ℄ Centerline
CLR Clear
CM Centimeter
CMU Concrete Masonry Unit
CONC Concrete
CONST Construction
CONT Continuous
CO Cleanout
COORD Coordinate
CY Cubic Yard
DBL Double
DEMO Demolition
DET Detail
DG Decomposed Granite
DIA, Ø Diameter
DN Down
DWG Drawing
(E), EX Existing
EA Each
EG Existing Grade
EJ Expansion Joint
EP Edge of Paving
ELEV Elevation
ELEC Electrical
EQ Equal
EQUIP Equipment
EXP Exposed
EXT Exterior
FFE Finished Floor Elevation
FG Finished Grade
FL Flow Line
FOB Face of Building
FOC Face of Curb
FPS Feet Per Second
FS Finish Surface
FSF Finish Surface Field
FT Foot
GA Gauge
GALV Galvanized
GB Grade Break
GI Galvanized Iron
GPH Gallons Per Hour
GPM Gallons Per Minute
HDG Hot Dipped Galvanized
HDR Header
HORIZ Horizontal
HP High Point
HSS Hollow Structural Steel
ICV Irrigation Control Valve
ID Inside Diameter
INT Interior
INV Invert
LB Pound
LF Linear Feet
LOW Limit of Work
LP Low Point
MAX Maximum
MECH Mechanical
MED Medium
MFR Manufacturer
MH Manhole
MIN Minimum
MM Millimeter
MTL Metal
(N) New
NIC Not In Contract
NO Number
NOM Nominal
NTS Not To Scale
OC On Center
OD Outside Diameter
OPP Opposite
PA Plant Area
PB Pull Box
PE Polyethylene
PERF Perforated
POB Point of Beginning
POC Point of Connection
POS Point on Slope
PNT Point
PREFAB Prefabricated
PSI Pounds per Square Inch
PT Pressure Treated
PVC Polyvinyl Chloride
QTY Quantity
R, RAD Radius
REBAR Reinforcement Bar
REF Reference
REQD Required
RIM Rim Elevation
RND Round
RWL Rain Water Leader
S4S Surface Four Sides
SCH Schedule
SD Storm Drain
SF Square Foot
SIM Similar
SPECS Specifications
SQ Square
SS Sanitary Sewer
STL Steel
SY Square Yard
SYN Synthetic
TBD To be Determined
TC Top of Curb
THK Thick
TS Top of Step
TYP Typical
TW Top of Wall
U/G Underground
UON Unless Otherwise Noted
VERT Vertical
VIF Verify in Field
W Water
WP Weaked Plane Joint
WV Water Valve
WWM Welded Wire Mesh
W/ With
WD Wood

PROJECT DESCRIPTION
F:\PRODUCTION\Projects\2024\24.019\CAD\24019_00_Cover.dwg 5/28/2024 Cover Sheet
L-0.0
GENERAL: Bring conflicts between Codes, Referenced Standards, Drawings, and Specifications to the attention of the Construction Manager in writing, for resolution before taking any action. Where differences exist between codes and standards, the one affording the greatest protection shall apply.

If the year of adoption is omitted from the Code or Standard designation, it shall mean the latest revision in effect on the Bid date.

PROJECT SHALL COMPLY WITH THE FOLLOWING APPLICABLE CODES:
2010 ADA Standards for Accessible Design, Department of Justice; Public Accommodations and Commercial Facilities (Title III regulations, 28 CFR Part 36, Subpart D, as amended by the final rules published on August 11, 2016, and December 2, 2016; 2004 ADAAG, 36 CFR part 1191, Appendices B and D).

Accessibility provisions of the 2022 California Building Codes (CBC): Part 2 of California Code Of Regulations, Title 24, including but not limited to:

Division 4 Accessible Routes: 11B-402 Accessible Routes; 11B-403 Walking Surfaces; 11B-404 Doors & Gates; 11B-405 Ramps; 11B-406 Curb Ramps
Division 5 General Site & Building Elements: 11B-502 Parking Spaces; 11B-503 Passenger Drop-off & Loading Zones; 11B-504 Stairways; 11B-505 Handrails
Division 7 Communication Elements & Features: 11B-703 Signs; 11B-705 Detectable Warnings California Model Water Efficient Landscape Ordinance 2015 or local ordinance if applicable. 1 2 /L-X.XX L-0.0 0 0
L-0.0 0
L-0.0

SYMBOLS
LIGHTHOUSE AVE.

SIDEWALK

WIDENING

OWNER/CLIENT
City of Pacific Grove
SHEET NO:

SHEET NAME:

PROJECT NO:

DATE:

SCALE:

DRAWN | CHECKED:

REVISIONS:

PROJECT:

NO. DATE DESCRIPTION
ISSUANCE:
100% CONSTRUCTION

DOCUMENTS
MB/OJ

AS SHOWN
05/28/2024

24.019

PRELIMINARY

NOT FOR

CONSTRUCTION
Not for permits, pricing or other official
purposes. This document has not been
completed or checked and is for general
information or comment only.

The area of improvement is located in the public realm, at the intersection of Lighthouse & Fountain Avenue, on the Victorian Corner Restaurant & Lighthouse Theatre side. The project includes demolishing an existing parklet along Lighthouse Ave and replacing it with a widened sidewalk and seating area.

Restaurant seating is to be located against the restaurant entry and the sidewalk path of travel will move around the new seating area, towards the street curb. There will be 4 new street trees with structural soil and tree grates. No irrigation system in scope. Refer to Civil Engineering drawings for grading, drainage, hardscape, vehicular signage, street striping, and curb ramps.

CLIENT
City of Pacific Grove, Public Works Department
2100 Sunset Dr. Pacific Grove, CA 93950
Contact: Dan Gho, [email protected]
831 648 5722 Ext 4203

LANDSCAPE ARCHITECT
BFS Landscape Architects
425 Pacific Street, Suite 201, Monterey, CA 93940
Contact: Oona Johnsen, [email protected]
831 646 1383
FOUNTAIN AVE. LIGHTHOUSE AVE.

PG STREETSCAPE

PROJECT SITE
PGCC 6-19-24

1 1 1 1 22 22 22 2 3 3 4 5 7 6 6 6 8 9 9 9
10 LIGHTHOUSE AVENUE

FOUNTAIN AVENUE
LEGEND
Limit of Work Line: City Owned Public Realm; Extents per Civil Drawings.

Parklet(s): Structure and mounting, to be Demolished. Parklet includes decking, metal posts, divider/wind screen materials, overhead lights and removal of electric mounting and
connections. Preserve electric connection at building.

GENERAL NOTES

1. Refer to Civil drawings for demolition of hardscape and below.

2. Contractor to verify location of all utilities in field. If there are any discrepancies in the field, Contractor to notify City.

3. All items not indicated be demolished are to be preserved and protected.

See Specs.

4. Items indicated to be demolished include their concrete footings and aggregate base where present UON.

REFERENCE NOTES
Building and/or structure: Preserve and protect.

Paving/Hardscape / Curb & gutter / Drainage facilities, TYP.: Refer to Civil Drawings
Metal picket fence: To be Demolished.

Light pole: Salvaged and store for reuse. Relocate as shown on Plan.

Contractor to coordinate with City for storage location.

Pull-box and electrical connection: Preserve and protect.

Light pole: Salvaged and store for replacement in same location.

Contractor to coordinate with City for storage location.

Pull-box and electrical connection: Preserve and protect.

Tree and major roots: to be Demolished.

Tree: Preserve and protect.

Metal tree grate & base plates: (1) Total; Salvaged and stored for reuse on the project. Contractor to coordinate with City for storage location.

All other above ground Utilities: Preserve and protect. If utility not shown on plan, Contractor to consult City for direction.

Sign & post: Contractor to review all signage on site. Salvage and store for reuse. Relocate per Civil drawings. Contractor to coordinate with City for storage location. Demolish footing. 123456789
10 F:\PRODUCTION\Projects\2024\24.019\CAD\24019_01_Demo.dwg 5/29/2024 10 0 10 20
Demolition Plan
L-1.0
LIGHTHOUSE AVE.

SIDEWALK

WIDENING

OWNER/CLIENT
City of Pacific Grove
SHEET NO:

SHEET NAME:

PROJECT NO:

DATE:

SCALE:

DRAWN | CHECKED:

REVISIONS:

PROJECT:

NO. DATE DESCRIPTION
ISSUANCE:
100% CONSTRUCTION

DOCUMENTS
MB/OJ

AS SHOWN
05/28/2024

24.019

PRELIMINARY

NOT FOR

CONSTRUCTION
Not for permits, pricing or other official
purposes. This document has not been
completed or checked and is for general
information or comment only.

PGCC 6-19-24

PARKLET-1
Approx. 347 SF
PARKLET-2
Approx. 359 SF
PARKLET-3
Approx. 275 SF

LIGHTHOUSE AVENUE

FOUNTAIN
AVENUE
1 3"
Light post to be relocated directly north
of original location. Provide 3" setback
from bottom of base plate to fence.
2 2 2
2 Fence post location, TYP.:

City/LA to review layout
in field before construction. 16'-0" 4'-3" 20'-1" 4'-3" 21'-0" 6'-0" 6'-0" 5'-5" 5'-5" 6'-10" 13'-9"EQ EQ
6'-0"
5' MIN. 5'-0" EQ EQ
EQ
EQ
5'-3" 6'-0" 5' MIN.
7'-2"
4'-0" 7'-2"
7'-6"
Tree grate location to line up
with corner of fence, TYP. 7'-6"
7'-6" 4' MIN from hole of tree grate to
back of curb, TYP.
6'-0"
Align top edge
of tree grate with
back of existing
curb. 6'-10" 5'-5" 6'-10" 5'-5" 5'-5" 5'-5" 6'-10" 5'-6" 5'-6" 14'-5"
8'-9"
3 LEGEND
Limit of Work Line: City Owned Public Realm; Extents per Civil Drawings.

Hardscape/Paving: Refer to Civil Drawings
Relocated Street Light: See Electrical Plan
Tree grate: 3 in total are new; square 4' x 4' , Refer to detail & . See Specs.

Limits of structural soil: Refer to Planting Plan and Specs.

Soil to be placed under paving per details. Contractor to coordinate placement with hardscape/paving work.

Metal picket fence: Refer to Detail . See Specs.

GENERAL NOTES

1. Layouts to be staked by contractor and reviewed in field by City and Landscape Architect prior to installation.

2. All dimensions may be considered +/- for purposed of field fitting to existing conditions. Review any dimension changes in field with City and Landscape Architect.
/L-4.03

REFERENCE NOTES
Relocated Tree Grate: 1 salvaged
New Tree: Refer to Planting Plan
Fence post location, TYP.
1 /L-4.01
2 3
/L-4.04
F:\PRODUCTION\Projects\2024\24.019\CAD\24019_02_Layout.dwg 5/28/2024 Layout Plan
L-2.0
LIGHTHOUSE AVE.

SIDEWALK

WIDENING

OWNER/CLIENT
City of Pacific Grove
SHEET NO:

SHEET NAME:

PROJECT NO:

DATE:

SCALE:

DRAWN | CHECKED:

REVISIONS:

PROJECT:

NO. DATE DESCRIPTION
ISSUANCE:
100% CONSTRUCTION

DOCUMENTS
MB/OJ

AS SHOWN
05/28/2024

24.019

PRELIMINARY

NOT FOR

CONSTRUCTION
Not for permits, pricing or other official
purposes. This document has not been
completed or checked and is for general
information or comment only.
8 0 8 16
PGCC 6-19-24

4'-0" 4'-0" 4'-0" 4'-0"
4'-0" 4'-0" 4'-0"
6'-0" 4'-0"

LIGHTHOUSE AVENUE

FOUNTAIN AVENUE
(3) PYR CAL.
(1) BET PAP
Soil setback as necessary as to not compromise curb footing, TYP.

TREE SCHEDULE

SYMBOL QTY BOTANICAL NAME COMMON NAME SIZE
PYR CAL 3 Pyrus calleryana
'Chanticleer' Chanticleer Pear 24" Box, Single Trunk, Symmetrical branching, Matched
BET PAP 1 Betula papyrifera Paper Bark Birch
24" Box, Single Trunk, Symmetrical
branching.

GENERAL NOTES

1. Landscape Architect to approve tree material BEFORE plant layout commences. See Specifications for details.

2. Landscape Architect to approve layout of all Trees BEFORE planting commences. See Specifications for details.

3. Refer to soil preparation specifications.

4. Plant and stake trees per details. Refer to sheet L-4.0.

5. There is no irrigation provided for the street trees. Water by hand upon planting and keep soil moist throughout project duration.

LEGEND
Limit of Work Line: City Owned Public Realm; Extents per Civil Drawings.

Hardscape/Paving: Refer to Civil Drawings
Limits of structural soil: Refer to Planting Plan, Detail on sheet L-4.0, and Specs. Soil to be placed under paving
per details. Contractor to coordinate placement with
hardscape/paving work.

F:\PRODUCTION\Projects\2024\24.019\CAD\24019_03_Planting.dwg 5/28/2024 Planting Plan
L-3.0
LIGHTHOUSE AVE.

SIDEWALK

WIDENING

OWNER/CLIENT
City of Pacific Grove
SHEET NO:

SHEET NAME:

PROJECT NO:

DATE:

SCALE:

DRAWN | CHECKED:

REVISIONS:

PROJECT:

NO. DATE DESCRIPTION
ISSUANCE:
100% CONSTRUCTION

DOCUMENTS
MB/OJ

AS SHOWN
05/28/2024

24.019

PRELIMINARY

NOT FOR

CONSTRUCTION
Not for permits, pricing or other official
purposes. This document has not been
completed or checked and is for general
information or comment only. 8 0 8 16
PGCC 6-19-24

2 NTS
Tree Planting/Tree Staking/Structural Soil
3 NTS
Tree Grate Detail 1 NTSMetal Picket Fence 4 NTSTree Grate Frame Detail

ELEVATION VIEW
NOTES:

2. REFER TO SITE FURNISHINGS SPECIFICATIONS.

3. FENCE WILL NEED TO BE CUT DOWN TO FIT LAYOUT ON PLAN.

KEY:

1. STEEL PICKET FENCE, COMMERCIAL GRADE WITH WARRANTY, SURFACE MOUNTED. 2) SQ. POST
3) PICKET
4) BASE PLATE WITH GUSSETS
1) CHANNEL RAIL

IRON AGE DESIGNS
2104 SW 152ND ST #4
BURIEN, WA 98166
TOLL FREE: 1-877-418-3568
www.ironagegrates.com
NOTES:

2. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS.

3. THIS DRAWING IS INTENDED FOR USE BY ARCHITECTS, ENGINEERS, CONTRACTORS, CONSULTANTS AND DESIGN PROFESSIONALS FOR PLANNING PURPOSES ONLY. THIS DRAWING MAY NOT BE USED FOR CONSTRUCTION.

4. ALL INFORMATION CONTAINED HEREIN WAS CURRENT AT THE TIME OF DEVELOPMENT BUT MUST BE REVIEWED AND APPROVED BY THE PRODUCT MANUFACTURER TO BE CONSIDERED ACCURATE.

FRONT ELEVATION
PLAN VIEW 0.344" 1.000" EDGE
1/4" - 20 (4X) PAN

HEAD STANDARD
BOLT

47.875" SQ.

Ø12"
OPEN.

5. REFER TO TREE GRATE FRAME INSTALLATION DETAIL 4, THIS SHEET.

1. REFER TO SITE FURNISHINGS SPECIFICATIONS. 48" DEPTH STRUCTURAL SOIL TREE ANCHOR: SEE SPECS.

NOTES:

1. CONTRACTOR SHALL ASSURE PERCOLATION OF
ALL PLANTING PITS PRIOR TO INSTALLATION.

2. PLANT TREE 2" HIGHER THAN ADJACENT GRADE
SUCH THAT ROOT FLARE IS VISIBLE.

3. WIRE BASKETS SURROUNDING ROOT BALL

SHALL BE TRIMMED BACK ON TOP OF THE ROOT
BALL AND 24" DOWN MINIMUM.

4. DUE TO SETTLEMENT ALL TREES SHOULD BE
RE-TENSIONED AFTER PLANTING.

5. HAND WATER THOROUGHLY AFTER PLANTING.

6. FERTILIZE PER SPECS.

STRUCTURAL SOIL, COMPACT, SEE PLANS & SPECS.

PLANTING SOIL, SEE SPECS.

EXISTING SOIL
TREE GRATE: 4'X4', REFER TO DETAILS L-3.0.

CONC. SIDEWALK: REFER TO CIVIL DRAWINGS.
2-3" LAYER OF MULCH, SEE SPECS. PULL BACK
MULCH FROM TRUNK. ROOT FLARE SHALL BE
VISIBLE ABOVE PLANTING SOIL. CONTRACTOR TO ADJUST

AS NESSARY PER ACTUAL

ROOT BALL SIZE
2X ROOTBALL

DIAMETER
YY
3 X PLATI-MAT ROOTBALL

PROTECTION MESH
PLAN

TREE TRUNK

ROOTBALL
3 Leg
PLATIPUS TREE ANCHOR SYSTEM: SEE SPECS.

LIGHTHOUSE AVE.

SIDEWALK

WIDENING

OWNER/CLIENT
City of Pacific Grove
SHEET NO:

SHEET NAME:

PROJECT NO:

DATE:

SCALE:

DRAWN | CHECKED:

REVISIONS:

PROJECT:

NO. DATE DESCRIPTION
ISSUANCE:
100% CONSTRUCTION

DOCUMENTS
MB/OJ

AS SHOWN
05/28/2024

24.019

PRELIMINARY

NOT FOR

CONSTRUCTION
Not for permits, pricing or other official
purposes. This document has not been
completed or checked and is for general
information or comment only.

F:\PRODUCTION\Projects\2024\24.019\CAD\24019_04_LandDetails.dwg 5/28/2024 Landscape
Details
L-4.0
PGCC 6-19-24

PGCC 6-19-24

PGCC 6-19-24

PGCC 6-19-24