Agenda — Pacifica City Council, January 9, 2023 (part 2 of 2)

disciplinary review of the plans and specifications, and coordination regarding schedule, invoicing, and design development.

Task 3 Deliverables:
• Field Review findings and recommendations for paving treatments • Draft & Final (95% and 100%) construction documents (PS&E) for paving work Fee & Schedule
Fehr & Peers will perform the above scope of work on a time and materials basis not to exceed $17,500.

We anticipate starting this work upon authorization and will be able to include these design efforts as part of our ongoing project schedule, which is targeting late February or early March 2023 for final PS&E
Invoices will be submitted monthly for services rendered and are due and payable upon receipt.

We propose to conduct this work pursuant to the terms and conditions of our on-call contract between Fehr & Peers and the City of Pacifica. We look forward to continue working on this exciting Project. Should you have any questions, please call Geoff Rubendall at (415) 426-2522.

Sincerely,

FEHR & PEERS
Geoff Rubendall, PE, TE, RSP1
Principal
ACCEPTED BY:

Signature: ________________________________________
Name: ___________________________________________
Title: _____________________________________________
Company: ________________________________________
Date: _____________________________________________
SF22-1258
Attachments:

A. NCE Scope of Work and Fee

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Packet Pg. 153 Attachment: Attachment 1 - Amendment to Task Order 1 with Fehr & Peers [Revision 1] (5228 : Approve Amendment 1 with Fehr & Peers Esp & Richmond, CA
501 Canal Blvd., Suite I
Richmond, CA 94804
(510) 215-3620
Mr. Geoff Rubendall December 1, 2022
Principal Proposal No. 1004.18.55
Fehr & Peers
100 Pringle Ave, Suite 600
Walnut Creek, CA 94596
RE: Proposal for Technical Support on Palmetto Avenue and Esplanade Avenue
Dear Mr. Rubendall,
NCE is pleased to present this proposal to Fehr & Peers to provide the technical supports of street resurfacing project for City of Pacifica (City) on Palmetto Avenue and Esplanade Avenue bicycle and pedestrian project.

Project limit on Palmetto Avenue is from Monterey Avenue to Westline Avenue and from Paloma Avenue to West Avalon Drive. Project limit on Esplanade Avenue is from West Avalon Drive to Palmetto Avenue. City has proposed slurry seal on Palmetto Avenue from Paloma Avenue to West Avalon Drive and on Esplanade Avenue from West Avalon Drive to West Manor Drive, and cape seal on remaining pavement sections. We understand that City would like NCE to review pavement condition, confirm pavement treatment, mark base repairs, conduct field data collection on concrete repairs/improvements and incorporate this information into the bicycle and pedestrian improvement project developed by Fehr & Peers. Key assumptions discussed and approved by the City are listed in below.
• Assume no ramp update on slurry seal sections. NCE will add/design a total of 6 ramps on Esplanade Avenue, and no ramps on Palmetto Avenue.
• Assume no ramp update on driveway crossings, only on intersection area. • Assume no coring on lower PCI sections. NCE will verify surface seal options proposed by the City. • Assume to make base repairs and spot repairs with same criteria as City’s FY23/24 Resurfacing Program. • Assume total three (3) days for field data collection (approx. two days for civil design items and ramp surveys, and one day for pavement review and base repair marking). • Assume NCE to conduct one sheet for vicinity map and half sheet for civil design details. • Details deliverable schedule and plan sheet format will be discussed with Fehr & Peers and incorporated with Fehr & Peers’ plan.

NCE will provide and complete above services on a lump sum basis for an initial estimated not to exceed amount of $14,000. If a budget revision is required, we will advise you prior to proceeding further. We will not exceed our estimated fee without your authorization.

We are very appreciative of the working relationship we have had with Fehr & Peers and look forward to assisting Fehr & Peers with this important project. Should you have any questions regarding our proposal, please do not hesitate to call me at (510) 520-5927.

Sincerely,
NCE
Mei-Hue Lee, PhD, PE
Associate Engineer

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/9/2023
1 SUBJECT:

Approval of City Vehicle Replacement Purchases Phase 1 for FY 2022-23 RECOMMENDED ACTION:

Approve the following actions for the City Vehicle Replacement Purchases Phase 1 for Fiscal Year 2022-2023:

A. Approve Purchase Agreements with the following:
• Elk Grove Auto/Winner Chevrolet of Elk Grove, CA for the purchase of two (2) 2023 Dodge Durango in the amount of $96,606.56 (Attachment 1) • PB Loader Corporation of Fresno, CA for the purchase of one (1) 2024 Freightliner 10-wheel dump truck in the amount of $210,029.69 (Attachment 2) • Vac-Con of Green Cover Springs, FL for the purchase of one (1) Vac-Con G2 VT310LHAE/1300 in the amount of $618,859.61 (Attachment 3) • Deere & Company of Cary, NC for the purchase of one (1) John Deere 1600 turbo wide area mower in the amount of $89,287.07 (Attachment 4) • Pape Machinery of Eugene, OR for the purchase of one (1) 410 P-Tier Backhoe Loader in the amount of $196,623.44 (Attachment 5)
• Towne Ford of Redwood City, CA for the purchase of four (4) 2023 Ford PD Utility SUV in the amount of $208,594.93 (Attachment 6)
• Clark Equipment Co. dba Bobcat Company of West Fargo, ND for the purchase of one (1) Bobcat UW56 in the amount of $68,996.63 (Attachment 7) B. Adopt the Resolution to Approve Agreements For the Purchases of City Vehicle Replacement Phase 1 for Fiscal Year 2022-2023 totaling $1,488,997.93; and C. Authorize the City Manager to execute all documents related to these agreements.

STAFF CONTACT:

Louis Langi, Public Works Superintendent
(650) 738-3760
[email protected]
Lawrence Henriquez, Associate Civil Engineer / Public Works (650) 738-3772
[email protected]
Lisa Petersen, P.E., Director of Public Works
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:

The City maintains a fleet of vehicles and trucks. Vehicle replacements are primarily funded from Fund 72 - Motor Pool Replacement Fund. Repair and maintenance of the fleet are funded out of Fund 71 - Motor Pool Operations. Both funds are supported by annual contributions from other funds that utilize vehicles.
13 Packet Pg. 171
Pacifica City Council 2
January 09, 2023
On November 28, 2022, during its regular meeting, the City Council adopted Resolution No. 82- 2022 approving a budget of $1,979,660 to purchase the following vehicles that are considered critical for replacement for Fiscal Year 2022-23:

Public Works
Wastewater Vac Con to replace 10-year-old Vac Con (age/repair issues) Field Services 10-yard dump truck to replace 30-year-old dump truck (age/repair issues) Field Services JD Backhoe to replace 2012 model (age/used daily) Field Services Longhorn trailer to replace 20-year-old trailer (age/deterioration) Field Services mid-size trailer to replace 20-year-old trailer (age/deterioration) Field Services large area mower to replace 17-year-old mower (age/high hours) Field Services small mower to replace 17-year-old mower (age/high hours) Toolcat Skid Steer to replace 19-year-old Bobcat Skid Steer (age/high hours) Police Department
ATV to replace 17-year-old Yamaha Rhino (age/replacement parts not available) Durango to replace 10-year-old Ford Fusion (high mileage) Durango to replace 17-year-old Crown Victoria (age/high mileage) F150 Responder to replace 17-year-old F150 (age/off road vehicle) 4-Police Utility Explorers to replace high mileage 2018 models (high mileage/maintenance issues/one totaled in accident)
Ford Escape/Explorer for new CSO position (new position) Upfit 2023 Tahoe - (required additions)
Upfit 2023 Durango - (required additions)
Staff used the State Contract and Sourcewell CA State Contract as procurement methods in which certain items, such as vehicles, have been negotiated to lower prices than regular retail prices. Moreover, staff was able to lock-in rates for the vehicle purchases, and it is anticipated that if the vehicles are not purchased now, vehicle prices for these purchases could increase as much as 20% over the next year. Time frames for receiving the vehicles are approximately a year out due to supply chain issues at dealerships. The table below shows Phase 1 of the vehicle replacement for Fiscal Year 2022-23.

Table 1. Vehicle Replacements Phase 1 for Fiscal Year 2022-23 Vehicle to be Replaced With Total Cost Vendor Purchase
replaced Method
Vehicles #70 and #91 Two (2) 2023 Dodge $96,606.56 Elk Grove Auto/Winner
Sourcewell
- 2013 Ford Fusion Durango AWD Chevrolet
Vehicle #626 - 1990 One (1) 2024 Dump $210,029.69 PB Loader Corp. Sourcewell GMCs White 10 Freightliner 10- Wheel
Wheel Dump Truck Truck
Vehicle # 607 - 2013 One (1) Vac-Con G2 $618,859.61 Vac-Con, Inc. Sourcewell Peterbilt Vac-Con VT310LHAE/1300
Vehicle #505- 2006 One (1) John Deere $89,287.07 Deere & Company Sourcewell Large Area Mower 1600 Turbo Mower
Vehicle #553 - 2012 One (1) John Deere $196,623.44 Pape Machinery, Inc.

Sourcewell
John Deere Backhoe 410 P-tier Backhoe
Four (4) PD Utility Four (4) - 2023 Ford $208,594.93 Towne Ford Governme 13 Packet Pg. 172
Pacifica City Council 3
January 09, 2023
nt
SUV - 2018 Ford PD Utility SUV Pricing
Utility SUV
Vehicles #535 - 2023 Bobcat UW56 $68,996.63 Clark Equipment Sourcewell Bobcat skidsteer
The City Manager recommends approval to purchase the replacement vehicles listed in Table 1.

The total replacement cost for these 11 vehicles is $1,488,997.93.

ALTERNATIVE ACTION:

Council may choose not to approve the Purchase Agreements, which would continue the annual high maintenance costs for Public Works Motor Pool Division due to the aging eleven (11) fleet vehicles and likely cause many of these vehicles to be unavailable for critical staff work duties.

Staff does not recommend this alternative action.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Ensuring safe working conditions for City employees relates to fulfilling all the City Council's goals. Purchase of these vehicles also relates to Council’s goals of providing public safety and maintaining critical public infrastructure.

FISCAL IMPACT:

Fiscal Impact is $1,488,997.93 from Fund 72 - Motor Pool Replacement Fund for vehicle replacement in FY 22-23. The estimated source and use of funds table is shown below:

Total Project Source and Use of
Funds
Fund 72 - Motor Pool Replacement Fund $ 1,979,660.00
Total Source of Funds $ 1,979,660.00
Two (2) Dodge Durango $ 96,606.56
One (1) 10-Wheel Dump Truck $ 210,029.69
One (1) Vac-Con Truck $ 618,859.61
One (1) Large Area Mower $ 89,287.07
Four (4) Ford Utility SUV Pursuit Rated $ 208,594.93
One (1) Backhoe $ 196,623.44
One (1) Bobcat $ 68,996.63
Total Use of Funds $ 1,488,997.93
Estimated Project End Balance $ 490,662.07
The estimated project end balance will be used to fund other vehicle replacements and upfitting costs for FY22-23 Phase 2 as previously discussed with Council and noted in the background of this report.

ORIGINATED BY:

Public Works - Wastewater Division
ATTACHMENT LIST:
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Pacifica City Council 4
January 09, 2023
Attachment 1 Elk Grove Auto Winner Chevrolet - 2023 Dodge Durango Purchase Agreement final (PDF)
Attachment 2 PB Loader Corp -114SD 2024 Freightliner 10 wheeler Purchase Agreement (PDF)
Attachment 3 Vac-Con Inc Vac-Con G2 VT310LHAE 1300 Purchase Agreement (PDF) Attachment 4 Deere and Co - John Deere 1600 Turbo Purchase Agreement (PDF) Attachment 5 Pape Machinery - 410 Backhoe Purchase Agreement final (PDF) Attachment 6 Towne Ford - 2023 Ford Interceptor Purchase Agreement final (PDF) Attachment 7 Clark Equipment - Bobcat Toolcat Purchase Agreement final (PDF) 13 Packet Pg. 174
Pacifica City Council 5
January 09, 2023
RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING AGREEMENTS FOR THE PURCHASE OF CITY REPLACEMENT VEHICLES PHASE 1 FOR FISCAL YEAR 2022-2023
WHEREAS, the City Council during their regular meeting on November, 28, 2022, adopted Resolution No. 82-2022 which approved a budget of $1,979,660 and to purchase the following vehicles that are considered critical for replacement for Fiscal Year 2022-23; and WHEREAS, the City maintains a fleet of vehicles and trucks. Vehicle replacements are primarily funded from Fund 72 - Motor Pool Replacement Fund; and WHEREAS, the City desires to purchase vehicles from the Vehicle Replacement Fund 72 for immediate urgent needs; and
WHEREAS, the City used the State Contract and Sourcewell CA State Contract as procurement methods in which certain items, such as vehicles, have been negotiated to lower prices that regular retails prices;
NOW, THEREFORE, THE CITY COUNCIL HEREBY RESOLVES:

The City Council of the City of Pacifica hereby approves purchases of the Vehicle Replacement Phase 1 for Fiscal Year 2022-23 which totals to $1,488,997.93 as further detailed in the table below:

Vehicle to be Replaced With Total Cost Vendor Purchase
replaced Method
Vehicles #70 and #91 Two (2) 2023 Dodge $96,606.56 Elk Grove Auto/Winner Sourcewell - 2013 Ford Fusion Durango AWD Chevrolet
Vehicle #626 - 1990 One (1) 2024 Dump $210,029.69 PB Loader Corp. Sourcewell GMCs White 10 Freightliner 10- Wheel
Wheel Dump Truck Truck
Vehicle # 607 - 2013 One (1) Vac-Con G2 $618,859.61 Vac-Con, Inc. Sourcewell Peterbilt Vac-Con VT310LHAE/1300
Vehicle #505- 2006 One (1) John Deere $89,287.07 Deere & Company Sourcewell Large Area Mower 1600 Turbo Mower
Vehicle #553 - 2012 One (1) John Deere $196,623.44 Pape Machinery, Inc. Sourcewell John Deere Backhoe 410 P-tier Backhoe
Four (4) PD Utility Four (4) - 2023 Ford $208,594.93 Towne Ford Government SUV - 2018 Ford PD Utility SUV Pricing
Utility SUV
Vehicles #535 - 2023 Bobcat UW56 $68,996.63 Clark Equipment Sourcewell Bobcat skidsteer
• • • • •
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Pacifica City Council 6
January 09, 2023
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 9th day of January 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 13 Packet Pg. 176

Page 1 ends

PURCHASE AGREEMENT

CITY OF PACIFICA

DEPARTMENT OF PUBLIC WORKS
PURCHASE ORDER NO. _________
Seller (Vendor): Buyer:

Name Elk Grove Auto/Winner Chevrolet Name: City of Pacifica Address 8575 Laguna Grove Dr Address: 170 Santa Maria Avenue City, State Zip: Elk Grove, CA 95757 City, State, ZIP: Pacifica, CA 94044 Attn: Andrew Villareal Attn: Chris Martin
Phone: (916)792-3672 Fax: N/A Phone: (650) 738-3774 Fax: (650) E-mail: Fed. Tax I.D.: 0 E-mail: [email protected] Project Information (If Applicable): Ship To:

Charge to City of Pacifica – Public Works
Acct#: 72.92.0760.55110.0000.000 151 Milagra Dr
Pacifica, CA 94044
Order Date Ship Via Payment Terms
12/7/2022 Delivery Net 30 days of invoice Upon Receipt of Equipment Delivery
Buyer and Seller agree as follows:

MATERIAL AND/OR EQUIPMENT TO BE PROVIDED: Seller shall furnish the materials or equipment described below in strict compliance with Quote Number2326 as attached at the price set forth opposite each item and within the times stated below in accordance with the terms and provisions of this Purchase Agreement, including the attached Terms and Conditions, which are incorporated into and made a part of this Agreement:

Item
No.

Item Description Budget
Acct No.

Quantity Unit Price Extension Delivery
Date
1 2023 Dodge Durango AWD 72.92.0760.55110.0000.000 2 $ 43,750.00 $ 87,500.00 TBD DMV Doc Fee 72.92.0760.55110.0000.000 2 $ 85.00 $ 170.00 CA Tire Tax 72.92.0760.55110.0000.000 2 $ 8.75 $ 17.50
TOTAL $ 87,687.50
Sales Tax : $ 8219.06
Shipping: $ 700.00
P.O. Total: $ 96,606.56

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Packet Pg. 177 Attachment: Attachment 1 Elk Grove Auto Winner Chevrolet - 2023 Dodge Durango Purchase Agreement final (5236 : Resolution - Approval of

PURCHASE AGREEMENT
Project Title: Elk Grove Auto/Winner Chevrolet – 2023 Dodge Durango Special Terms and Conditions
Shipping: Show Purchase Order number on all packages and invoices.

All purchases are F.O.B Pacifica unless otherwise specified on Purchase Order.

Charges:

City of Pacifica is exempt from Federal Excise Tax.
 Purchase up to $10,000 (must be approved
by Department Head or authorized signator)
Approved: _______________________
Name: LISA PETERSON
Title: Director of Public Works
 Purchase between $10,000.01 and $25,000
(must be approved by the Assistant City
Manager)
Approved: _______________________
Name: Yulia Carter
Title: Asst. City Manager
 Purchase between $25,000.01 and $50,000
(must be approved by the City Manager)
Approved: _______________________
Name: KEVIN WOODHOUSE
City Manager
 Purchase above $50,000
(must be approved by the City Council)
Date City Council Approved:

Buyer: CITY OF PACIFICA
Authorized Signature: _______________________
Name: KEVIN WOODHOUSE
Title: City Manager
Vendor: Elk Grove Auto/Winner Chevrolet
Authorized Signature: _______________________
Name: Andrew Villareal
Title: Sales Rep
If Seller is located in the City of Pacifica, does Seller have a current business license? Yes  No 

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Packet Pg. 178 Attachment: Attachment 1 Elk Grove Auto Winner Chevrolet - 2023 Dodge Durango Purchase Agreement final (5236 : Resolution - Approval of

PURCHASE AGREEMENT
Project Title: Elk Grove Auto/Winner Chevrolet – 2023 Dodge Durango

PURCHASE ORDER TERMS AND CONDITIONS
DEFINITIONS: The term "Buyer" as used in this Purchase Order means the City of Pacifica, and the term "Seller" means the person, firm, or corporation from whom the material or equipment described in the purchase order is ordered.

ACCEPTANCE: The attached Acceptance Copy shall be signed and returned by the Seller within ten (10) calendar days after it is received by the Seller. The receipt by the Buyer of the signed Acceptance Copy or the initiation of performance under this Purchase Order by the Seller shall constitute acceptance of the Purchase Order by the Seller, including all of the terms and conditions herein. Acceptance is limited to the terms stated herein. Any additional or different terms and conditions proposed by the Seller are rejected unless expressly agreed to in writing by City Purchasing Agent or authorized agent.

COMPLETE AGREEMENT: This Purchase Order, including all applicable terms, conditions and specifications, shall constitute the sole and exclusive agreement between the parties. This Purchase Order supersedes all other writings and negotiations, written or oral. The City of Pacifica will not be responsible for goods delivered without a Purchase Order properly signed by the City Purchasing Agent or authorized agent. When this Purchase Order covers a purchase rendered over a stated period of time, Seller must obtain a new order upon expiration of the time period to authorize the purchase for an additional period of time.

DEFAULT: The Buyer may terminate the whole or any part of the purchase in any one of the following circumstances: (1) If the Seller fails to make delivery or fails to perform within the time specified herein or any extension thereof; or (2) If Seller delivers nonconforming goods; or (3) If Seller fails to perform in accordance with the material provisions of this agreement, or so fails to make progress as to endanger performance of this Purchase Order in accordance with its terms. In the event of any such failure Buyer will provide Seller with written notice of the default and Buyer's intention to terminate for default if Seller fails to cure the default to Buyer's satisfaction within seven (7) calendar days of Buyer' notice. If Seller fails to cure or correct the default within seven days, the Buyer may, without further notice to Seller, procure upon such terms and in such manner as the Buyer may deem appropriate, items similar to those terminated, and the Seller shall be liable to the Buyer for any excess costs of such similar items; however, the Seller shall continue the performance of this Purchase Order to the extent not terminated. The rights and remedies of the Buyer provided in this clause shall not be exclusive, and are in addition to any other rights and remedies provided by law or under this Purchase Order.

CHANGES: Buyer may direct in writing changes, including additions to or deletions from the quantities originally ordered, or in the specifications or drawings. If any such change causes a material increase or decrease in the cost of, or the time required for, performance hereunder, an equitable adjustment shall be made in the price or schedule. Any claims for adjustment which Seller believes result from any change directed by Buyer shall be asserted in writing by Seller no later than ten (10) days from the date of Seller's receipt of any such direction. Equitable adjustments for any claims or changes under this agreement, including claims arising from

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Packet Pg. 179 Attachment: Attachment 1 Elk Grove Auto Winner Chevrolet - 2023 Dodge Durango Purchase Agreement final (5236 : Resolution - Approval of

PURCHASE AGREEMENT
Project Title: Elk Grove Auto/Winner Chevrolet – 2023 Dodge Durango terminations or suspensions directed under DEFAULT above, of this agreement, will be made by written Change Order. Nothing contained herein shall excuse Seller from proceeding with the change as directed prior to negotiation of any adjustment. Whether made pursuant to this clause or by mutual agreement, changes shall not be binding upon the Buyer, except when confirmed in writing by a member of the Buyer’s Purchasing Department.

INVOICES: Seller shall send Buyer a separate invoice for each shipment. Invoices shall not be issued prior to delivery of items. Payment shall not be made prior to receipt of items and an invoice. Credit and discount periods will be computed from the date of receipt of the invoice to the date the Buyer’s check is mailed. Unless freight and other charges are itemized, the discount will be taken on the full amount of the invoice. Payment will be made within thirty (30) days after approval of the invoice by the Buyer.

TITLE AND RISK OF LOSS: All prices shall be F.O.B. Factory. The Seller shall be responsible for safe and adequate packing of the items, which shall conform to the carriers’ requirements. The Seller shall separately number all cases and packages, showing the corresponding numbers on the invoices. An itemized packing slip bearing this Purchase Order number shall be placed in each container. No extra charge shall be made for packaging or packing materials unless authority therefore is set forth in this Purchase Order. Seller shall assume and pay for any and all loss or damage to the merchandise from any cause whatsoever until delivered to Buyer at the specified destination.

DELIVERY: Timely performance and deliveries are essential to this Purchase Order. The Buyer reserves the right to refuse deliveries made in advance of the delivery schedule. Overshipment allowances, if authorized, will be applied to the entire order. If the Buyer agrees to accept deliveries after the date of delivery has passed, the Buyer shall have the right to direct the Seller to make shipment to the delivery point set forth in this Purchase Order by the most expeditious means, and the total cost of such expedited shipment and handling shall be borne by the Seller.

Acceptance of late deliveries shall not be deemed a waiver of the Buyer’s right to hold the Seller liable for any loss or damage resulting therefrom, nor shall it act as a modification of the Seller’s obligation to make future deliveries in accordance with the delivery schedule.

DELAYS: Seller will not be liable for delays in performing its obligations to the extent the delay is caused by an unforeseeable condition which is beyond Seller’s reasonable control and without Seller's fault or negligence. Acts of God, such as storms or floods, as well as government priorities, acts of civil or military authorities, fires, strikes, epidemics, war or riot are examples of events which will be excusable for being beyond Seller's reasonable control, only upon fulfillment of the following conditions: (a) within seven (7) days of the commencement of any excusable delay, Seller shall provide Buyer with written notice of the cause and extent thereof as well as a request for a schedule extension for the estimated duration thereof, and (b) within seven (7) days of the cessation of the event causing delay Seller shall provide Buyer with written notice of the actual delay incurred, upon receipt of which, the date of promised delivery shall be extended for the time actually lost by reason of an excusable delay.

INSPECTION AND APPROVAL: All items are subject to final inspection and approval after delivery to Buyer. If any items are defective in material or workmanship or otherwise not in

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Packet Pg. 180 Attachment: Attachment 1 Elk Grove Auto Winner Chevrolet - 2023 Dodge Durango Purchase Agreement final (5236 : Resolution - Approval of

PURCHASE AGREEMENT
Project Title: Elk Grove Auto/Winner Chevrolet – 2023 Dodge Durango conformity with the requirements of this Purchase Order, the Buyer shall have the right to require Seller to correct or replace them. Final acceptance or rejection shall be made by the Buyer as promptly as practicable after delivery. Final acceptance shall be conclusive except with respect to latent defects, fraud or such gross mistakes as amount to fraud, or with respect to the Buyer’s rights under the “Warranty” clause.

Transportation charges for the return and redelivery of defective items shall be borne by the Seller.

Seller also warrants that said merchandise is free and clear of all liens and encumbrances whatsoever and the Seller has good and marketable title to same, and Seller agrees to indemnify, defend and hold the City of Pacifica, its officers, agents and employees free and harmless against any and all claimants to said merchandise.

SAFETY: All equipment and materials shall comply with all Federal, State and local safety rules and regulations including OSHA. Where applicable, materials must be labeled in accordance with Section 5194, Title 8, of the California Administrative Code. The Seller is required to include a Material Safety Data Sheet prepared in accordance with Section 5194(9) with each shipment of all such materials to the City.

EQUAL OPPORTUNITY EMPLOYER: It is the policy of the City of Pacifica that in connection with all materials furnished or work performed under this Purchase Order, there be no discrimination against employees because of race, religion, color, sex or national origin, and therefore the Seller agrees to comply with applicable Federal and California laws including, but not limited to, the California Fair Employment Practices Act.

TAXES: Unless prohibited by law, Seller shall pay and has included in the prices of this Purchase Order any federal, state or local tax, transportation tax, or other tax which is required to be imposed upon the items ordered hereunder, or by reason of their sale or delivery.

TERMINATION FOR CONVENIENCE: Buyer shall have the right to terminate this Purchase Order in whole or in part at any time, and from time to time, by written notice effective upon receipt by Seller of such notice, even though Seller is not in breach of any obligation hereunder.

Upon receipt of notice of termination, Seller shall immediately discontinue performance and shall comply with Buyer’s instructions concerning disposition of completed and partially completed items, work in progress and materials acquired pursuant to this Purchase Order. In the event of such termination, Seller shall be paid an amount in settlement to be mutually agreed upon by the parties which shall cover Seller’s reasonable costs of performance incurred prior to termination in connection with the items for which this Purchase Order is terminated plus a reasonable profit based upon such costs. However, said payment shall not exceed the price specified herein for such items. Seller shall advise the Buyer, in writing, of Seller’s claim, if any, for termination costs

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Packet Pg. 181 Attachment: Attachment 1 Elk Grove Auto Winner Chevrolet - 2023 Dodge Durango Purchase Agreement final (5236 : Resolution - Approval of

PURCHASE AGREEMENT
Project Title: Elk Grove Auto/Winner Chevrolet – 2023 Dodge Durango within ten (10) days after receipt of the notice of termination. Termination in accordance with this article shall not affect Buyer’s obligation to pay for items accepted by Buyer prior to such termination.

GOVERNING LAW; VENUE; DEFINITIONS: The definition of terms used, interpretation of this Purchase Order and rights of all parties hereunder shall be construed under and governed by the laws of the State of California. Any litigation with respect to this Purchase Order shall be brought and conducted in San Mateo County, California.

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Packet Pg. 182 Attachment: Attachment 1 Elk Grove Auto Winner Chevrolet - 2023 Dodge Durango Purchase Agreement final (5236 : Resolution - Approval of Elk Grove Auto / Winner Chevrolet DATE December 7, 2022 8575 Laguna Grove Drive To: Quotation #
Elk Grove, CA 95757 Chris Martin
2326
(916)509-8598 - Desk City of Pacifica
(916792-3672 - Cell 675 Oceana Blvd
Pacifica, CA 94044 Prepared by: Andrew Villareal
(650) 738-3774
Comments or special instructions: Vehicle build and options are in additional pages.

AMOUNT
$ 40,400.00
$ 4,250.00
$ (900.00)
$ 43,750.00
DOC Fee $ 85.00
Taxable Subtotal: $ 43,835.00

9.375% $ 4,109.53
Tire Fee: $8.75
$ 350.00
Total: $ 48,303.28
If you have any questions concerning this quotation, contact Andrew Villareal at (916)509- 8598 or email at [email protected]
Line #2 2023 Dodge Durango AWD
Options (Refer to Window Sticker): Detective/Undercover Unit Delivery Charge:
**** specs with the PO or the vehicle will not be ordered. **** Subtotal
**** Please review, sign, and return a copy of the quote and **** ___________________________________________________
State Contract # 1-22-23-23E
****Shipping charge added for deliveries beyond Sacramento. No charge for will call.**** CA Tire Fee: $1.75 / Per Tire
Tax Rate(Subject to change):

Description
Pursuit Credit
(Order Acknowledgment Signature) (Date)
THANK YOU FOR YOUR BUSINESS!

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Packet Pg. 183 Attachment: Attachment 1 Elk Grove Auto Winner Chevrolet - 2023 Dodge Durango Purchase Agreement final (5236 : Resolution - Approval of Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] [Fleet] 2023 Dodge Durango (WDEE75) Pursuit AWD (4) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer’s input is subject to the accuracy of the input provided.

Data Version: 17640. Data Updated: Oct 5, 2022 6:49:00 PM PDT.

Oct 6, 2022 Page 1
Note:Photo may not represent exact vehicle or selected equipment. [Fleet] 2023 Dodge Durango (WDEE75) Pursuit AWD (4)
Prepared By
Andrew Villareal
Winner Chevrolet / Lasher Fleet
916-509-8598-Desk
916-792-3672-Cell
[email protected]

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Packet Pg. 184 Attachment: Attachment 1 Elk Grove Auto Winner Chevrolet - 2023 Dodge Durango Purchase Agreement final (5236 : Resolution - Approval of Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 17640. Data Updated: Oct 5, 2022 6:49:00 PM PDT.

Oct 6, 2022 Page 2
Table of Contents
• Vehicle Image
• Dealership Information
• Window Sticker
• Standard Equipment
• Weight Rating
• Technical Specifications

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Packet Pg. 185 Attachment: Attachment 1 Elk Grove Auto Winner Chevrolet - 2023 Dodge Durango Purchase Agreement final (5236 : Resolution - Approval of Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 17640. Data Updated: Oct 5, 2022 6:49:00 PM PDT.

Oct 6, 2022 Page 3
Dealership Information
***PLEASE REVIEW THE "WINDOW STICKER," QUOTE, AND ALL INCLUDED INFORMATION AND SPECIFICATIONS FOR ACCURACY. IF A PURCHASE ORDER IS ISSUED, PLEASE INCLUDE A SIGNED COPY OF THIS QUOTE WITH THE "WINDOW STICKER." BY THIS QUOTE

BEING SIGNED AND RETURNED BY THE PURCHASING AGENCY, THE PURCHASING

AGENCY ACKNOWLEDGES THAT THE VEHICLE CONFIGURATION AND PRICE ARE ACCURATE.******TAX IS NOT INCLUDED IN THE QUOTE PRICE. PURCHASING AGENCY IS RESPONSIBLE FOR CALCULATING TAX. THE TAX RATE IS BASED ON THE REGISTRATION ADDRESS AND CANNOT BE A PO BOX. ******IF THE VEHICLE IS GOING TO BE DELIVERED BEYOND F.O.B. SACRAMENTO, ADDITIONAL COST WILL BE REQUIRED. *** Thanks!
Prepared By:

Andrew Villareal
Winner Chevrolet / Lasher Fleet
916-792-3672
[email protected]

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Packet Pg. 186 Attachment: Attachment 1 Elk Grove Auto Winner Chevrolet - 2023 Dodge Durango Purchase Agreement final (5236 : Resolution - Approval of Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] [Fleet] 2023 Dodge Durango (WDEE75) Pursuit AWD (4) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 17640. Data Updated: Oct 5, 2022 6:49:00 PM PDT.

Oct 6, 2022 Page 4
Window Sticker

SUMMARY
[Fleet] 2023 Dodge Durango (WDEE75) Pursuit AWD
Interior:Black, Cloth Bucket Seats w/Shift Insert
Exterior 1:Baltic Gray Metallic Clearcoat
Exterior 2:No color has been selected.

Engine: 5.7L V8 HEMI MDS VVT
Transmission: 8-Speed Automatic (8HP70)

OPTIONS

CODE MODEL MSRP
WDEE75 [Fleet] 2023 Dodge Durango (WDEE75) Pursuit AWD

OPTIONS
22Z Quick Order Package 22Z $0.00
C5X9 Black, Cloth Bucket Seats w/Shift Insert $0.00
CKD Floor Carpet $140.00
CUF Full Length Floor Console $330.00
DFD Transmission: 8-Speed Automatic (8HP70) $0.00
DPM 3.09 Rear Axle Ratio Inc.

EZH Engine: 5.7L V8 HEMI MDS VVT $2,995.00
PAS Baltic Gray Metallic Clearcoat $395.00
WP1 Wheels: 18" x 8.0" Painted Aluminum $390.00
Z6J GVWR: 7,100 lbs Inc.

FUEL ECONOMY
Est City:14 (2022) MPG
Est Highway:22 (2022) MPG
Est Highway Cruising Range:541.20 mi

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Packet Pg. 187 Attachment: Attachment 1 Elk Grove Auto Winner Chevrolet - 2023 Dodge Durango Purchase Agreement final (5236 : Resolution - Approval of Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] [Fleet] 2023 Dodge Durango (WDEE75) Pursuit AWD (4) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 17640. Data Updated: Oct 5, 2022 6:49:00 PM PDT.

Oct 6, 2022 Page 5
Standard Equipment
Mechanical
Engine: 3.6L V6 24V VVT UPG I w/ESS (STD)
Transmission: 8-Speed Automatic (850RE) (STD)

3.45 Rear Axle Ratio (STD)
GVWR: 6,500 lbs (STD)
50 State Emissions
Transmission w/Sequential Shift Control
Full-Time All-Wheel
Engine Oil Cooler
650CCA Maintenance-Free Battery w/Run Down Protection
220 Amp Alternator
Class IV Towing Equipment -inc: Hitch and Trailer Sway Control Trailer Wiring Harness
Police/Fire
1650# Maximum Payload
Gas-Pressurized Front Shock Absorbers and Nivomat Brand Name Rear Shock Absorbers Nivomat Suspension
Front And Rear Anti-Roll Bars
HD Suspension
Electric Power-Assist Speed-Sensing Steering

24.6 Gal. Fuel Tank
Single Stainless Steel Exhaust
Permanent Locking Hubs
Short And Long Arm Front Suspension w/Coil Springs
Multi-Link Rear Suspension w/Coil Springs
4-Wheel Disc Brakes w/4-Wheel ABS, Front And Rear Vented Discs, Brake Assist and Hill Hold Control Exterior
Wheels: 18" x 8.0" Black Steel (STD)
Wheels w/Chrome Hub Covers
Tires: 255/60R18 On/Off Road

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Packet Pg. 188 Attachment: Attachment 1 Elk Grove Auto Winner Chevrolet - 2023 Dodge Durango Purchase Agreement final (5236 : Resolution - Approval of Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] [Fleet] 2023 Dodge Durango (WDEE75) Pursuit AWD (4) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 17640. Data Updated: Oct 5, 2022 6:49:00 PM PDT.

Oct 6, 2022 Page 6
Exterior
Steel Spare Wheel
Full-Size Spare Tire Stored Underbody w/Crankdown
Clearcoat Paint
Body-Colored Front Bumper w/Colored Rub Strip/Fascia Accent Body-Colored Rear Step Bumper w/Colored Rub Strip/Fascia Accent Chrome Bodyside Insert and Colored Wheel Well Trim
Black Side Windows Trim
Body-Colored Door Handles
Black Power Heated Side Mirrors w/Manual Folding
Fixed Rear Window w/Fixed Interval Wiper and Defroster
Deep Tinted Glass
Speed Sensitive Variable Intermittent Wipers
Galvanized Steel/Aluminum Panels
Lip Spoiler
Black Grille
Front License Plate Bracket
Liftgate Rear Cargo Access
Tailgate/Rear Door Lock Included w/Power Door Locks
Auto On/Off Projector Beam Led Low/High Beam Daytime Running Headlamps w/Delay-Off Perimeter/Approach Lights
LED Brakelights
Laminated Glass
Entertainment
Radio w/Seek-Scan, Clock, Speed Compensated Volume Control, Aux Audio Input Jack, Steering Wheel Controls and Radio Data System
Radio: Uconnect 4 w/8.4" Display
GPS Antenna Input
SiriusXM Satellite Radio
Integrated Center Stack Radio
SiriusXM Radio Service

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Packet Pg. 189 Attachment: Attachment 1 Elk Grove Auto Winner Chevrolet - 2023 Dodge Durango Purchase Agreement final (5236 : Resolution - Approval of Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] [Fleet] 2023 Dodge Durango (WDEE75) Pursuit AWD (4) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 17640. Data Updated: Oct 5, 2022 6:49:00 PM PDT.

Oct 6, 2022 Page 7
Entertainment
Integrated Voice Command w/Bluetooth
6 Speakers
Streaming Audio
2 LCD Monitors In The Front
Interior
Front Seats w/Power 4-Way Driver Lumbar
12-Way Power Driver Seat -inc: Power Recline, Height Adjustment, Fore/Aft Movement, Cushion Tilt and Power 4-Way Lumbar Support
4-Way Passenger Seat -inc: Manual Recline, Fore/Aft Movement and Fold Flat 60-40 Folding Split-Bench Front Facing Fold Forward Seatback Rear Seat Manual Tilt/Telescoping Steering Column
Gauges -inc: Speedometer, Odometer, Voltmeter, Oil Pressure, Engine Coolant Temp, Tachometer, Oil Temperature, Transmission Fluid Temp, Engine Hour Meter, Trip Odometer and Trip Computer Power Rear Windows and Fixed 3rd Row Windows
Leather/Metal-Look Steering Wheel
Front Cupholder
Rear Cupholder
Compass
Proximity Key For Doors And Push Button Start
Valet Function
Remote Keyless Entry w/Integrated Key Transmitter, 2 Door Curb/Courtesy, Illuminated Entry and Panic Button Remote Releases -Inc: Power Fuel
Cruise Control w/Steering Wheel Controls
Dual Zone Front Automatic Air Conditioning
Rear HVAC w/Separate Controls
HVAC -inc: Auxiliary Rear Heater, Headliner/Pillar Ducts and Console Ducts Illuminated Locking Glove Box
Driver Foot Rest
Cloth Bucket Seats w/Shift Insert -inc: cloth rear seat Interior Trim -inc: Leatherette Instrument Panel Insert, Metal-Look Door Panel Insert and Chrome Interior Accents

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Packet Pg. 190 Attachment: Attachment 1 Elk Grove Auto Winner Chevrolet - 2023 Dodge Durango Purchase Agreement final (5236 : Resolution - Approval of Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] [Fleet] 2023 Dodge Durango (WDEE75) Pursuit AWD (4) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 17640. Data Updated: Oct 5, 2022 6:49:00 PM PDT.

Oct 6, 2022 Page 8
Interior
Full Cloth Headliner
Day-Night Auto-Dimming Rearview Mirror
Driver And Passenger Visor Vanity Mirrors
Partial Floor Console w/Covered Storage, Mini Overhead Console w/Storage and 3 12V DC Power Outlets Front And Rear Map Lights
Fade-To-Off Interior Lighting
Full Vinyl/Rubber Floor Covering
Carpet Floor Trim
Cargo Area Concealed Storage
Cargo Space Lights
FOB Controls -inc: Cargo Access and Windows
Google Android Auto
USB Host Flip
Apple CarPlay
For More Info, Call 800-643-2112
Driver / Passenger And Rear Door Bins
Power 1st Row Windows w/Driver And Passenger 1-Touch Up/Down Delayed Accessory Power
Power Door Locks w/Autolock Feature
Systems Monitor
Redundant Digital Speedometer
Trip Computer
Outside Temp Gauge
Digital/Analog Appearance
#7 Seat Foam Cushion
Manual w/Tilt Front Head Restraints and Fixed Rear Head Restraints Front Center Armrest w/Storage and Rear Center Armrest
Sentry Key Immobilizer
3 12V DC Power Outlets
Air Filtration

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Packet Pg. 191 Attachment: Attachment 1 Elk Grove Auto Winner Chevrolet - 2023 Dodge Durango Purchase Agreement final (5236 : Resolution - Approval of Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] [Fleet] 2023 Dodge Durango (WDEE75) Pursuit AWD (4) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 17640. Data Updated: Oct 5, 2022 6:49:00 PM PDT.

Oct 6, 2022 Page 9
Safety-Mechanical
Electronic Stability Control (ESC) And Roll Stability Control (RSC) ABS And Driveline Traction Control
Safety-Exterior
Side Impact Beams
Safety-Interior
Dual Stage Driver And Passenger Seat-Mounted Side Airbags ParkSense with Stop Rear Parking Sensors
Blind Spot Detection Blind Spot
Collision Mitigation-Rear
Tire Specific Low Tire Pressure Warning
Dual Stage Driver And Passenger Front Airbags
Curtain 1st, 2nd And 3rd Row Airbags
Airbag Occupancy Sensor
Driver Knee Airbag
Rear Child Safety Locks
Outboard Front Lap And Shoulder Safety Belts -inc: Rear Center 3 Point, Height Adjusters and Pretensioners ParkView Back-Up Camera

WARRANTY
Basic Years: 3
Basic Miles/km: 36,000
Drivetrain Years: 5
Drivetrain Miles/km: 100,000
Corrosion Years: 5
Corrosion Miles/km: Unlimited
Roadside Assistance Years: 5
Roadside Assistance Miles/km: 60,000

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Packet Pg. 192 Attachment: Attachment 1 Elk Grove Auto Winner Chevrolet - 2023 Dodge Durango Purchase Agreement final (5236 : Resolution - Approval of Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] [Fleet] 2023 Dodge Durango (WDEE75) Pursuit AWD (4) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 17640. Data Updated: Oct 5, 2022 6:49:00 PM PDT.

Oct 6, 2022 Page 10
Weight Ratings

WEIGHT RATINGS
Front Gross Axle Weight Rating: N/A
Rear Gross Axle Weight Rating: N/A
Gross Vehicle Weight Rating: 7100.00 lbs

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Packet Pg. 193 Attachment: Attachment 1 Elk Grove Auto Winner Chevrolet - 2023 Dodge Durango Purchase Agreement final (5236 : Resolution - Approval of Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] [Fleet] 2023 Dodge Durango (WDEE75) Pursuit AWD (4) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 17640. Data Updated: Oct 5, 2022 6:49:00 PM PDT.

Oct 6, 2022 Page 11
Technical Specifications
Powertrain
Transmission
Drivetrain All Wheel Drive Trans Order Code DFD
Trans Type 8 Trans Description Cont. Automatic w/OD
Trans Description Cont. Again N/A First Gear Ratio (:1) 4.71 Second Gear Ratio (:1) 3.14 Third Gear Ratio (:1) 2.11
Fourth Gear Ratio (:1) 1.67 Fifth Gear Ratio (:1) 1.28
Sixth Gear Ratio (:1) 1.00 Reverse Ratio (:1) 3.29
Clutch Size N/A Trans Power Take Off N/A
Final Drive Axle Ratio (:1) N/A Transfer Case Model Electronic Transfer Case Gear Ratio (:1), High N/A Transfer Case Gear Ratio (:1), Low N/A Transfer Case Power Take Off No Seventh Gear Ratio (:1) 0.84 Eighth Gear Ratio (:1) 0.67
Mileage
EPA Fuel Economy Est - Hwy 22 (2022) MPG Cruising Range - City 344.40 mi EPA Fuel Economy Est - City 14 (2022) MPG Fuel Economy Est-Combined 17 (2022) MPG Cruising Range - Hwy 541.20 mi Estimated Battery Range N/A Engine
Engine Order Code EZH Engine Type Regular Unleaded
V-8
Displacement 5.7 L/345 Fuel System Sequential MPI
SAE Net Horsepower @ RPM 360 @ 5150 SAE Net Torque @ RPM 390 @ 4250 Engine Oil Cooler Regular Duty
Electrical
Cold Cranking Amps @ 0° F (Primary) 800 Cold Cranking Amps @ 0° F (2nd) 800 Cold Cranking Amps @ 0° F (3rd) N/A Maximum Alternator Capacity (amps) 220 Cooling System
Total Cooling System Capacity N/A

13.a
Packet Pg. 194 Attachment: Attachment 1 Elk Grove Auto Winner Chevrolet - 2023 Dodge Durango Purchase Agreement final (5236 : Resolution - Approval of Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] [Fleet] 2023 Dodge Durango (WDEE75) Pursuit AWD (4) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 17640. Data Updated: Oct 5, 2022 6:49:00 PM PDT.

Oct 6, 2022 Page 12
Powertrain
Cooling System
Vehicle
Emissions
Tons/yr of CO2 Emissions @ 15K mi/year 10.4 (2022) EPA Greenhouse Gas Score N/A Chassis
Weight Information
Standard Weight - Front 0.00 lbs Standard Weight - Rear 0.00 lbs Base Curb Weight 5331 lbs Gross Axle Wt Rating - Front N/A Gross Axle Wt Rating - Rear N/A Curb Weight - Front N/A Curb Weight - Rear N/A Option Weight - Front 0.00 lbs
Option Weight - Rear 0.00 lbs Reserve Axle Capacity - Front N/A Reserve Axle Capacity - Rear N/A As Spec'd Curb Weight N/A As Spec'd Payload N/A Maximum Payload Capacity N/A
Gross Combined Wt Rating N/A Gross Axle Weight Rating N/A Curb Weight N/A Reserve Axle Capacity N/A
Total Option Weight 0.00 lbs Payload Weight Front 0 lbs Payload Weight Rear 0 lbs Gross Vehicle Weight Rating 7100.00 lbs Trailering
Dead Weight Hitch - Max Trailer Wt. 5000 lbs Dead Weight Hitch - Max Tongue Wt. 500 lbs Wt Distributing Hitch - Max Trailer Wt. 6200 lbs Wt Distributing Hitch - Max Tongue Wt. 620 lbs Fifth Wheel Hitch - Max Trailer Wt. N/A Fifth Wheel Hitch - Max Tongue Wt. N/A Maximum Trailering Capacity 6200 lbs
Frame
Frame Type N/A Sect Modulus Rails Only N/A
Frame RBM N/A Frame Strength N/A
Frame Thickness N/A

13.a
Packet Pg. 195 Attachment: Attachment 1 Elk Grove Auto Winner Chevrolet - 2023 Dodge Durango Purchase Agreement final (5236 : Resolution - Approval of Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] [Fleet] 2023 Dodge Durango (WDEE75) Pursuit AWD (4) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 17640. Data Updated: Oct 5, 2022 6:49:00 PM PDT.

Oct 6, 2022 Page 13
Chassis
Suspension
Suspension Type - Front Short And Long
Arm
Suspension Type - Rear Multi-Link
Spring Capacity - Front N/A Spring Capacity - Rear N/A
Axle Type - Front Independent Axle Type - Rear Independent Axle Capacity - Front N/A Axle Capacity - Rear N/A
Axle Ratio (:1) - Front 3.09 Axle Ratio (:1) - Rear 3.09 Shock Absorber Diameter - Front N/A Shock Absorber Diameter - Rear N/A Stabilizer Bar Diameter - Front N/A Stabilizer Bar Diameter - Rear N/A Tires
Front Tire Order Code TXQ Rear Tire Order Code TXQ
Spare Tire Order Code N/A Front Tire Size P255/60TR18
Rear Tire Size P255/60TR18 Spare Tire Size Full-Size
Front Tire Capacity N/A Rear Tire Capacity N/A
Spare Tire Capacity N/A Revolutions/Mile @ 45 mph - Front N/A Revolutions/Mile @ 45 mph - Rear N/A Revolutions/Mile @ 45 mph - Spare N/A Wheels
Front Wheel Size 18 X 8 in Rear Wheel Size 18 X 8 in
Spare Wheel Size Full-Size in Front Wheel Material Aluminum Rear Wheel Material Aluminum Spare Wheel Material Steel Steering
Steering Type Rack-Pinion Steering Ratio (:1), Overall N/A Steering Ratio (:1), On Center N/A Steering Ratio (:1), At Lock N/A Turning Diameter - Curb to Curb 41 ft Turning Diameter - Wall to Wall N/A Brakes
Brake Type 4-Wheel Disc Brake ABS System 4-Wheel
Brake ABS System (Second Line) 4-Wheel Disc - Front (Yes or ) Yes Disc - Rear (Yes or ) Yes Front Brake Rotor Diam x Thickness 13.8 in

13.a
Packet Pg. 196 Attachment: Attachment 1 Elk Grove Auto Winner Chevrolet - 2023 Dodge Durango Purchase Agreement final (5236 : Resolution - Approval of Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] [Fleet] 2023 Dodge Durango (WDEE75) Pursuit AWD (4) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 17640. Data Updated: Oct 5, 2022 6:49:00 PM PDT.

Oct 6, 2022 Page 14
Chassis
Brakes
Rear Brake Rotor Diam x Thickness 13 in Drum - Rear (Yes or ) N/A Rear Drum Diam x Width N/A
Fuel Tank
Fuel Tank Capacity, Approx 24.6 gal Aux Fuel Tank Capacity, Approx N/A Fuel Tank Location N/A Aux Fuel Tank Location N/A
Dimensions
Interior Dimensions
Passenger Capacity 5 Front Head Room 39.9 in
Front Leg Room 40.3 in Front Shoulder Room 58.5 in
Front Hip Room 57 in Second Head Room 39.8 in
Second Leg Room 38.6 in Second Shoulder Room 50.4 in
Second Hip Room 42.8 in
Exterior Dimensions
Wheelbase 119.8 in Length, Overall w/rear bumper N/A
Length, Overall 201.2 in Width, Max w/o mirrors 75.8 in Height, Overall 70.1 in Track Width, Front 63.9 in
Track Width, Rear 64.1 in Overhang, Front N/A
Overhang, Rear w/o bumper N/A Front Bumper to Back of Cab N/A Cab to Axle N/A Cab to End of Frame N/A
Ground to Top of Load Floor N/A Ground to Top of Frame N/A Frame Width, Rear N/A Ground Clearance, Front N/A
Ground Clearance, Rear N/A Min Ground Clearance 8.1 in
Body Length 0.00 ft Rear Door Opening Height N/A
Rear Door Opening Width N/A Liftover Height 32.2 in
Cab to Body N/A

13.a
Packet Pg. 197 Attachment: Attachment 1 Elk Grove Auto Winner Chevrolet - 2023 Dodge Durango Purchase Agreement final (5236 : Resolution - Approval of Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] [Fleet] 2023 Dodge Durango (WDEE75) Pursuit AWD (4) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 17640. Data Updated: Oct 5, 2022 6:49:00 PM PDT.

Oct 6, 2022 Page 15
Dimensions
Cargo Area Dimensions
Cargo Area Length @ Floor to Seat 1 N/A Cargo Area Length @ Floor to Seat 2 N/A Cargo Area Length @ Floor to Seat 3 N/A Cargo Box Width @ Top, Rear N/A Cargo Area Width @ Beltline N/A Cargo Box Width @ Floor N/A Cargo Box Width @ Wheelhousings N/A Cargo Box (Area) Height N/A Tailgate Width N/A Cargo Volume N/A
Cargo Volume to Seat 1 85.1 ft³ Cargo Volume to Seat 2 43.3 ft³ Cargo Volume to Seat 3 43.3 ft³ Ext'd Cab Cargo Volume N/A

13.a
Packet Pg. 198 Attachment: Attachment 1 Elk Grove Auto Winner Chevrolet - 2023 Dodge Durango Purchase Agreement final (5236 : Resolution - Approval of

Page 1 ends

PURCHASE AGREEMENT

CITY OF PACIFICA

DEPARTMENT OF PUBLIC WORKS
PURCHASE ORDER NO. _________
Seller (Vendor): Buyer:

Name PB Loader Corporation Name: City of Pacifica
Address 5778 W. Barstow Address: 170 Santa Maria Avenue City, State Zip: Fresno, CA 93722-5024 City, State, ZIP: Pacifica, CA 94044 Attn: Marcus Puttum Attn: Chris Martin
Phone: (559) 27-7370 Fax: (559)
277-7375
Phone: (650) 738-3774 Fax: (650)
E-mail:
[email protected]
Fed. Tax I.D.: 0 E-mail: [email protected]
Project Information (If Applicable): Ship To:

Charge to City of Pacifica – Public Works
Acct#: 72.92.0760.55110.0000.000 151 Milagra Dr
Pacifica, CA 94044
Order Date Ship Via Payment Terms
12/22/2022 Delivery Net 30 days of invoice Upon Receipt of Equipment Delivery
Buyer and Seller agree as follows:

MATERIAL AND/OR EQUIPMENT TO BE PROVIDED: Seller shall furnish the materials or equipment described below in strict compliance with Quote Number 11578R as attached at the price set forth opposite each item and within the times stated below in accordance with the terms and provisions of this Purchase Agreement, including the attached Terms and Conditions, which are incorporated into and made a part of this Agreement:

Item
No.

Item Description Budget
Acct No.

Quantity Unit Price Extension Delivery
Date
1 2024 Freightliner 72.92.0760.55110.0000.000 1 $190,930.00 $190,930.00 TBD TOTAL $ 190,930.00
Sales Tax : $ 17,899.69
Shipping: $ 1,200.00
P.O. Total: $210,029.69

13.b
Packet Pg. 199 Attachment: Attachment 2 PB Loader Corp -114SD 2024 Freightliner 10 wheeler Purchase Agreement (5236 : Resolution - Approval of Phase 1

PURCHASE AGREEMENT
Project Title: PB Loader – 2024 Freightliner 114SD
Special Terms and Conditions
Shipping: Show Purchase Order number on all packages and invoices.

All purchases are F.O.B Pacifica unless otherwise specified on Purchase Order.

Charges:

City of Pacifica is exempt from Federal Excise Tax.
 Purchase up to $10,000 (must be approved
by Department Head or authorized signator)
Approved: _______________________
Name: LISA PETERSON
Title: Director of Public Works
 Purchase between $10,000.01 and $25,000
(must be approved by the Assistant City
Manager)
Approved: _______________________
Name: YULIA CARTER
Title: Asst. City Manager
 Purchase between $25,000.01 and $50,000
(must be approved by the City Manager)
Approved: _______________________
Name: KEVIN WOODHOUSE
City Manager
 Purchase above $50,000
(must be approved by the City Council)
Date City Council Approved:

Buyer: CITY OF PACIFICA
Authorized Signature: _______________________
Name: KEVIN WOODHOUSE
Title: City Manager
Vendor: PB Loader Corporation
Authorized Signature: _______________________
Name: Marcus Puttam
Title: Outside Sales
If Seller is located in the City of Pacifica, does Seller have a current business license? Yes  No 

13.b
Packet Pg. 200 Attachment: Attachment 2 PB Loader Corp -114SD 2024 Freightliner 10 wheeler Purchase Agreement (5236 : Resolution - Approval of Phase 1

PURCHASE AGREEMENT
Project Title: PB Loader – 2024 Freightliner 114SD

13.b
Packet Pg. 201 Attachment: Attachment 2 PB Loader Corp -114SD 2024 Freightliner 10 wheeler Purchase Agreement (5236 : Resolution - Approval of Phase 1

PURCHASE AGREEMENT
Project Title: PB Loader – 2024 Freightliner 114SD
later than ten (10) days from the date of Seller's receipt of any such direction. Equitable adjustments for any claims or changes under this agreement, including claims arising from terminations or suspensions directed under DEFAULT above, of this agreement, will be made by written Change Order. Nothing contained herein shall excuse Seller from proceeding with the change as directed prior to negotiation of any adjustment. Whether made pursuant to this clause or by mutual agreement, changes shall not be binding upon the Buyer, except when confirmed in writing by a member of the Buyer’s Purchasing Department.

13.b
Packet Pg. 202 Attachment: Attachment 2 PB Loader Corp -114SD 2024 Freightliner 10 wheeler Purchase Agreement (5236 : Resolution - Approval of Phase 1

PURCHASE AGREEMENT
Project Title: PB Loader – 2024 Freightliner 114SD
INSPECTION AND APPROVAL: All items are subject to final inspection and approval after delivery to Buyer. If any items are defective in material or workmanship or otherwise not in conformity with the requirements of this Purchase Order, the Buyer shall have the right to require Seller to correct or replace them. Final acceptance or rejection shall be made by the Buyer as promptly as practicable after delivery. Final acceptance shall be conclusive except with respect to latent defects, fraud or such gross mistakes as amount to fraud, or with respect to the Buyer’s rights under the “Warranty” clause.

WARRANTIES-GUARANTEES: The Seller warrants that the items, at time of delivery, shall conform to the Buyer’s specifications, the requirements of this Purchase Order, approved sample or samples, if any, and are free from defects in design, material and workmanship. This warranty shall remain in effect for a Two (2) year period after delivery or start-up or for such period of time as the item is normally warranted or the manufacturer’s warranty if greater than one year (See Attached Manufacturer’s Warranty). At the Buyer’s option, the Seller shall promptly either repair or replace defective items after receipt of the Buyer’s written notice of a defect. Transportation charges for the return and redelivery of defective items shall be borne by the Seller. Seller also warrants that said merchandise is free and clear of all liens and encumbrances whatsoever and the Seller has good and marketable title to same, and Seller agrees to indemnify, defend and hold the City of Pacifica, its officers, agents and employees free and harmless against any and all claimants to said merchandise.

13.b
Packet Pg. 203 Attachment: Attachment 2 PB Loader Corp -114SD 2024 Freightliner 10 wheeler Purchase Agreement (5236 : Resolution - Approval of Phase 1

PURCHASE AGREEMENT
Project Title: PB Loader – 2024 Freightliner 114SD
based upon such costs. However, said payment shall not exceed the price specified herein for such items. Seller shall advise the Buyer, in writing, of Seller’s claim, if any, for termination costs within ten (10) days after receipt of the notice of termination. Termination in accordance with this article shall not affect Buyer’s obligation to pay for items accepted by Buyer prior to such termination.

13.b
Packet Pg. 204 Attachment: Attachment 2 PB Loader Corp -114SD 2024 Freightliner 10 wheeler Purchase Agreement (5236 : Resolution - Approval of Phase 1 PB Loader Corporation
5778 W. Barstow • Fresno, California 93722-5024 • Telephone (559) 277-7370 • Fax (559) 277-7375 Toll free 800-350-8521 • Web www.pbloader.com

QUOTATION
CITY OF PACIFICA DATE: 9/29/2022
170 SANTA MARIA AVE. TERMS: NET 30
PACIFICA, CA 94044-2506 F.O.B: FRESNO
SOURCEWELL MEMBERSHIP ID# 163787 MFG PRODUCT: SEE BELOW INSTALL: SEE BELOW
QTY PART NO. DESCRIPTION PRICE EXTENSION
PB LOADER CONTRACT NO. 080521-PBL

SOURCEWELL CONTRACT - DISCOUNTED PRICES
1 PBLDB-13 PB LOADER TUB STYLE DUMP BODY, 15 FT 12-14 YARD, HPT53-130 $37,406.00 CLASS 80 NTEA HOIST, 3/16" CARBON STEEL BALANCE, 38" SIDES, 54" FRONT AND 46" REAR, 12" SPREADER APRON, 1/4 CABSHIELD, LED LIGHTS,

WIRING HARNESS & BACKUP ALARM, PUMP, CONTROLS, TANK, VALVE,

MUD FLAPS, STEEL MUDGUARDS, HOT SHIFT PTO, AIR TAILGATE,

PAINT BLACK, INSTALLATION
1 50501-00 PULL TARP MANUAL - MESH MATERIAL W/ ROPE HOOKS $2,865.00 1 8200-00 HITCH PLATE W/ D-RINGS W/ 7 & 6 WIRE PLUGS $1,385.00 1 7050-30 45 TON PINTLE (PREMIER 580J) W/O AIR $720.00
1 7000-36 TOOL BOX 36" $1,062.00

MARKET PRICE BODY UPGRADE
1 $9,335.00

MARKET PRICE CHASSIS
1 $138,157.00
TOTAL NET PRICE: $190,930.00
SALES TAX (9.375%): $17,899.69
FREIGHT: $1,200.00
GRAND TOTAL: $210,029.69
NOTES:

Delivery times are approximate.

NO. 11578R

1. LEAD TIME FOR BODY PRODUCTION IS 120 DAYS, WITH AN ADDITIONAL 120-150 DAYS TO INSTALL AFTER RECIEPT OF CHASSIS AND BODY. LEAD TIME SUBJECT TO CHANGE AFTER RECEIPT TO ORDER.

UPGRADES TO ABOVE LISTED BODY CONSTRUCTION:
- 1/4 AR450 STEEL FLOOR
- 7 GA. 201 2B STAINLESS STEEL SIDES, FRONT BULKHEAD, TAILGATE AND SPREADER APRON
- ADD THREE (3) PULL-DOWN STYLE DITCH GATES IN TAILGATE WITH REMOVABLE 2024 FREIGHTLINER 114SD CONVENTIONAL CHASSIS COMPLETE WITH:
- CUMMINS X12 455 HP @ 1900 RPM DIESEL ENGINE
- ALLISOIN 4500 RDS TRANSMISSION WITH PTO PROVISION
- 54,600 LB. GVW / 80,000 LB. GCW
- 70-GALLON ALUMINUM FUEL TANK
- ACCURIDE 28828 22.5X8.25 10-HUB PILOT 6.18 INSET 2-HAND HD STEEL DISC FRONT WHEELS
- ACCURIDE 28828 22.5X8.25 10-HUB PILOT 2-HAND HD STEEL DISC REAR WHEELS - CAB AND WHEELS PAINTED WHITE
- DMV LICENSING AND TAGS

13.b
Packet Pg. 205 Attachment: Attachment 2 PB Loader Corp -114SD 2024 Freightliner 10 wheeler Purchase Agreement (5236 : Resolution - Approval of Phase 1

Page 1 ends

PURCHASE AGREEMENT
CITY OF PACIFICA – WASTEWATER DIVISION
PURCHASE ORDER NO. __________
Seller (Vendor): Buyer:

Name Vac-Con, Inc. Name: City of Pacifica
Address 969 Hall Park Drive Address: 540 Crespi Drive
City, State Zip: Green Cove Springs, FL 32043 City, State, ZIP: Pacifica, CA 94044 Attn: M.J. Dubois Attn: Louis Langi
Phone: (410) 924-1004 Fax: Phone: (650) 501-0257 Cell: (650) 730-3122 E-mail: [email protected] Fed. Tax I.D.: E-mail: [email protected] Project Information (If Applicable): Ship To:

Charge to Calera Creek Water Recycling Plant
Vehicle Replacement – Fund 72 700 Pacific Coast Highway Pacifica, CA 94044
Order Date Ship Via Payment Terms
January 2023 - Net 30 days of invoice Upon Receipt of
Equipment Delivery
Buyer and Seller agree as follows:

MATERIAL AND/OR EQUIPMENT TO BE PROVIDED: Vendor shall furnish the materials or equipment described below in strict compliance with the Quotation from Municipal Maintenance Equipment dated 12-14-2022 (Attachment 1) at the price or prices set forth opposite each item and within the times stated below in accordance with the terms and provisions of this Purchase Agreement, including the attached Terms and Conditions, which are incorporated into and made a part of this Agreement:

Item
No.

Item Description Budget
Acct No.

Quantity Unit Price Extension Delivery
Date
1 Vac-Con G2 VT310LHAE/1300
with Titan Package mounted on a
new Freightliner 114SD 6x4
truck chassis.

Vehicle Replacement
Fund 72
1 $565,797.00 $565,797.00
2 Tire Fee Vehicle Replacement
Fund 72
10 $1.75 $17.50
TOTAL $565,814.50
Sales Tax (9.375%): $ 53,045.11
Shipping: $ Included
P.O. Total: $ 618,859.61
ATTACHMENT 3

13.c
Packet Pg. 206 Attachment: Attachment 3 Vac-Con Inc Vac-Con G2 VT310LHAE 1300 Purchase Agreement (5236 : Resolution - Approval of Phase 1 of City

PURCHASE AGREEMENT
Project Title: Vac-Con, Inc. - Vac-Con G2 VT310LHAE/1300

Page 2 ends

Special Terms and Conditions
Shipping: Show Purchase Order number on all packages and invoices.

All purchases are F.O.B Pacifica unless otherwise specified on Purchase Order.

Charges: All transportation charges must be prepaid and shown separately on all invoices.

City of Pacifica is exempt from Federal Excise Tax.
 Purchase up to $10,000 (must be approved
by Department Head or authorized signator)
Approved: _______________________
Name: LISA PETERSEN
Title: Director of Public Works
 Purchase between $10,000.01 and $25,000
(must be approved by the Assistant City Manager)
Approved: _______________________
Name: YULIA CARTER
Title: Assistant City Manager
 Purchase between $25,000.01 and $50,000
(must be approved by the City Manager)
Approved: _______________________
Name: KEVIN WOODHOUSE
City Manager
 Purchase above $50,000
(must be approved by the City Council)
Date City Council Approved: January 9, 2023
Buyer: CITY OF PACIFICA
Authorized Signature: _______________________
Name: KEVIN WOODHOUSE
Title: City Manager
Vendor: Vac-Con, Inc.

Authorized Signature: _______________________
Name:

Title:

If Seller is located in the City of Pacifica, does Seller have a current business license? Yes  No 
M.J. Dubois

13.c
Packet Pg. 207 Attachment: Attachment 3 Vac-Con Inc Vac-Con G2 VT310LHAE 1300 Purchase Agreement (5236 : Resolution - Approval of Phase 1 of City

PURCHASE AGREEMENT
Project Title: Vac-Con, Inc. - Vac-Con G2 VT310LHAE/1300

Page 3 ends

The rights and remedies of the Buyer provided in this clause shall not be exclusive, and are in addition to any other rights and remedies provided by law or under this Purchase Order.

13.c
Packet Pg. 208 Attachment: Attachment 3 Vac-Con Inc Vac-Con G2 VT310LHAE 1300 Purchase Agreement (5236 : Resolution - Approval of Phase 1 of City

PURCHASE AGREEMENT
Project Title: Vac-Con, Inc. - Vac-Con G2 VT310LHAE/1300

Page 4 ends

terminations or suspensions directed under DEFAULT above, of this agreement, will be made by written Change Order. Nothing contained herein shall excuse Seller from proceeding with the change as directed prior to negotiation of any adjustment. Whether made pursuant to this clause or by mutual agreement, changes shall not be binding upon the Buyer, except when confirmed in writing by a member of the Buyer’s Purchasing Department.

TITLE AND RISK OF LOSS: All prices shall be F.O.B. Factory. The Seller shall be responsible for safe and adequate packing of the items, which shall conform to the carriers’ requirements. The Seller shall separately number all cases and packages, showing the corresponding numbers on the invoices. An itemized packing slip bearing this Purchase Order number shall be placed in each container. No extra charge shall be made for packaging or packing materials unless authority therefor is set forth in this Purchase Order. Seller shall assume and pay for any and all loss or damage to the merchandise from any cause whatsoever until delivered to Buyer at the specified destination.

DELIVERY: Timely performance and deliveries are essential to this Purchase Order. The Buyer reserves the right to refuse deliveries made in advance of the delivery schedule.

Overshipment allowances, if authorized, will be applied to the entire order. If the Buyer agrees to accept deliveries after the date of delivery has passed, the Buyer shall have the right to direct the Seller to make shipment to the delivery point set forth in this Purchase Order by the most expeditious means, and the total cost of such expedited shipment and handling shall be borne by the Seller. Acceptance of late deliveries shall not be deemed a waiver of the Buyer’s right to hold the Seller liable for any loss or damage resulting therefrom, nor shall it act as a modification of the Seller’s obligation to make future deliveries in accordance with the delivery schedule.

INSPECTION AND APPROVAL: All items are subject to final inspection and approval after delivery to Buyer. If any items are defective in material or workmanship or otherwise not in

13.c
Packet Pg. 209 Attachment: Attachment 3 Vac-Con Inc Vac-Con G2 VT310LHAE 1300 Purchase Agreement (5236 : Resolution - Approval of Phase 1 of City

PURCHASE AGREEMENT
Project Title: Vac-Con, Inc. - Vac-Con G2 VT310LHAE/1300

Page 5 ends

conformity with the requirements of this Purchase Order, the Buyer shall have the right to require Seller to correct or replace them. Final acceptance or rejection shall be made by the Buyer as promptly as practicable after delivery. Final acceptance shall be conclusive except with respect to latent defects, fraud or such gross mistakes as amount to fraud, or with respect to the Buyer’s rights under the “Warranty” clause.

WARRANTIES-GUARANTEES: The Seller warrants that the items, at time of delivery, shall conform to the Buyer’s specifications, the requirements of this Purchase Order, approved sample or samples, if any, and are free from defects in design, material and workmanship. Warranty will be as described in the attached Vendor’s Quotation. At the Buyer’s option, the Seller shall promptly either repair or replace defective items after receipt of the Buyer’s written notice of a defect. Transportation charges for the return and redelivery of defective items shall be borne by the Seller. Seller also warrants that said merchandise is free and clear of all liens and encumbrances whatsoever and the Seller has good and marketable title to same, and Seller agrees to indemnify, defend and hold the City of Pacifica, its officers, agents and employees free and harmless against any and all claimants to said merchandise.

13.c
Packet Pg. 210 Attachment: Attachment 3 Vac-Con Inc Vac-Con G2 VT310LHAE 1300 Purchase Agreement (5236 : Resolution - Approval of Phase 1 of City

PURCHASE AGREEMENT
Project Title: Vac-Con, Inc. - Vac-Con G2 VT310LHAE/1300

Page 6 ends

Termination in accordance with this article shall not affect Buyer’s obligation to pay for items accepted by Buyer prior to such termination.

13.c
Packet Pg. 211 Attachment: Attachment 3 Vac-Con Inc Vac-Con G2 VT310LHAE 1300 Purchase Agreement (5236 : Resolution - Approval of Phase 1 of City ATTACHMENT 1

13.c
Packet Pg. 212 Attachment: Attachment 3 Vac-Con Inc Vac-Con G2 VT310LHAE 1300 Purchase Agreement (5236 : Resolution - Approval of Phase 1 of City

13.c
Packet Pg. 213
Attachment: Attachment 3 Vac-Con Inc Vac-Con G2 VT310LHAE 1300 Purchase Agreement (5236 : Resolution - Approval of Phase 1 of City

13.c
Packet Pg. 214
Attachment: Attachment 3 Vac-Con Inc Vac-Con G2 VT310LHAE 1300 Purchase Agreement (5236 : Resolution - Approval of Phase 1 of City

13.c
Packet Pg. 215
Attachment: Attachment 3 Vac-Con Inc Vac-Con G2 VT310LHAE 1300 Purchase Agreement (5236 : Resolution - Approval of Phase 1 of City

13.c
Packet Pg. 216
Attachment: Attachment 3 Vac-Con Inc Vac-Con G2 VT310LHAE 1300 Purchase Agreement (5236 : Resolution - Approval of Phase 1 of City

13.c
Packet Pg. 217
Attachment: Attachment 3 Vac-Con Inc Vac-Con G2 VT310LHAE 1300 Purchase Agreement (5236 : Resolution - Approval of Phase 1 of City

Page 1 ends

PURCHASE AGREEMENT

CITY OF PACIFICA

DEPARTMENT OF PUBLIC WORKS
PURCHASE ORDER NO. _________
Seller (Vendor): Buyer:

Name Deere & Company Name: City of Pacifica
Address 2000 John Deere Run Address: 170 Santa Maria Avenue City, State Zip: Cary, NC 27513 City, State, ZIP: Pacifica, CA 94044 Attn: James Sherman Jr. Attn: Chris Martin
Phone: Fax: N/A Phone: (650) 738-3771 Fax: (650)
E-mail: [email protected] Fed. Tax I.D.: 0 E-mail: [email protected] Project Information (If Applicable): Ship To:

Charge to City of Pacifica – Public Works
Acct#: 72.92.0760.55110.0000.000 151 Milagra Dr
Pacifica, CA 94044
Order Date Ship Via Payment Terms
12/22/2021 Delivery Net 30 days of invoice Upon Receipt of Equipment Delivery
Buyer and Seller agree as follows:

MATERIAL AND/OR EQUIPMENT TO BE PROVIDED: Seller shall furnish the materials or equipment described below in strict compliance with Quote Number 27886004 as attached at the price set forth opposite each item and within the times stated below in accordance with the terms and provisions of this Purchase Agreement, including the attached Terms and Conditions, which are incorporated into and made a part of this Agreement:

Item
No.

Item Description Budget
Acct No.

Quantity Unit Price Extension Delivery
Date
1 John Deere 1600 Turbo 72.92.0760.55110.0000.000 1 $ 81,634.49 $ 81,634.49 TBD TOTAL $ 81,634.49
Sales Tax : $ 7,652.58
Shipping: $ 0
P.O. Total: $ 89,287.07

13.d
Packet Pg. 218 Attachment: Attachment 4 Deere and Co - John Deere 1600 Turbo Purchase Agreement (5236 : Resolution - Approval of Phase 1 of City Vehicle

PURCHASE AGREEMENT
Project Title: Deere & Company – John Deere 1600 Turbo
Special Terms and Conditions
Shipping: Show Purchase Order number on all packages and invoices.

All purchases are F.O.B Pacifica unless otherwise specified on Purchase Order.

Charges:

Buyer: CITY OF PACIFICA
Authorized Signature: _______________________
Name: KEVIN WOODHOUSE
Title: City Manager
Vendor: Deere & Company
Authorized Signature: _______________________
Name: James Sherman Jr
Title: Sales Rep
If Seller is located in the City of Pacifica, does Seller have a current business license? Yes  No 

13.d
Packet Pg. 219 Attachment: Attachment 4 Deere and Co - John Deere 1600 Turbo Purchase Agreement (5236 : Resolution - Approval of Phase 1 of City Vehicle

PURCHASE AGREEMENT
Project Title: Deere & Company – John Deere 1600 Turbo

13.d
Packet Pg. 220 Attachment: Attachment 4 Deere and Co - John Deere 1600 Turbo Purchase Agreement (5236 : Resolution - Approval of Phase 1 of City Vehicle

PURCHASE AGREEMENT
Project Title: Deere & Company – John Deere 1600 Turbo
terminations or suspensions directed under DEFAULT above, of this agreement, will be made by written Change Order. Nothing contained herein shall excuse Seller from proceeding with the change as directed prior to negotiation of any adjustment. Whether made pursuant to this clause or by mutual agreement, changes shall not be binding upon the Buyer, except when confirmed in writing by a member of the Buyer’s Purchasing Department.

INSPECTION AND APPROVAL: All items are subject to final inspection and approval after delivery to Buyer. If any items are defective in material or workmanship or otherwise not in

13.d
Packet Pg. 221 Attachment: Attachment 4 Deere and Co - John Deere 1600 Turbo Purchase Agreement (5236 : Resolution - Approval of Phase 1 of City Vehicle

PURCHASE AGREEMENT
Project Title: Deere & Company – John Deere 1600 Turbo
conformity with the requirements of this Purchase Order, the Buyer shall have the right to require Seller to correct or replace them. Final acceptance or rejection shall be made by the Buyer as promptly as practicable after delivery. Final acceptance shall be conclusive except with respect to latent defects, fraud or such gross mistakes as amount to fraud, or with respect to the Buyer’s rights under the “Warranty” clause.

WARRANTIES-GUARANTEES: The Seller warrants that the items, at time of delivery, shall conform to the Buyer’s specifications, the requirements of this Purchase Order, approved sample or samples, if any, and are free from defects in design, material and workmanship. This warranty shall remain in effect for a One (1) year period after delivery or start-up or for such period of time as the item is normally warranted or the manufacturer’s warranty if greater than one year (See Attached Manufacturer’s Warranty). At the Buyer’s option, the Seller shall promptly either repair or replace defective items after receipt of the Buyer’s written notice of a defect. Transportation charges for the return and redelivery of defective items shall be borne by the Seller. Seller also warrants that said merchandise is free and clear of all liens and encumbrances whatsoever and the Seller has good and marketable title to same, and Seller agrees to indemnify, defend and hold the City of Pacifica, its officers, agents and employees free and harmless against any and all claimants to said merchandise.

13.d
Packet Pg. 222 Attachment: Attachment 4 Deere and Co - John Deere 1600 Turbo Purchase Agreement (5236 : Resolution - Approval of Phase 1 of City Vehicle

PURCHASE AGREEMENT
Project Title: Deere & Company – John Deere 1600 Turbo
within ten (10) days after receipt of the notice of termination. Termination in accordance with this article shall not affect Buyer’s obligation to pay for items accepted by Buyer prior to such termination.

13.d
Packet Pg. 223 Attachment: Attachment 4 Deere and Co - John Deere 1600 Turbo Purchase Agreement (5236 : Resolution - Approval of Phase 1 of City Vehicle Quotes of equipment offered through contracts between Deere & Company, its divisions and subsidiaries (collectively “Deere”) and government agencies are subject to audit and access by Deere's Strategic Accounts Business Division to ensure compliance with the terms and conditions of the contracts.

Vendor: Deere & Company
2000 John Deere Run
Cary, NC 27513
Signature on all LOIs and POs with a
signature line
Contract name or number; or JD Quote ID
Sold to street address (no PO box)
Bill to email address (required to send the invoice and/or to obtain the tax exemption certificate
Customer:

Quotes are valid for 30 days from the creation date or upon contract expiration, whichever occurs first.

A Purchase Order (PO) or Letter of Intent (LOI) including the below information is required to proceed with this sale. The PO or LOI will be returned if information is missing.

James Sherman Jr
Turf & Industrial Equipment
2715 Lafayette Street
Santa Clara, CA 95050
Tel: 408-727-5660
Fax: 408-727-5875
Email: [email protected]
For any questions, please contact:

Ship to street address (no PO box)
Bill to contact name and phone number
Bill to address
Membership number if required by the contract

13.d
Packet Pg. 224 Attachment: Attachment 4 Deere and Co - John Deere 1600 Turbo Purchase Agreement (5236 : Resolution - Approval of Phase 1 of City Vehicle Date: 06 December 2022 Offer Expires: 05 January 2023
Confidential
Quote Id: 27886004

ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):

Deere & Company
2000 John Deere Run
Cary, NC 27513
FED ID: 36-2382580
UEID: FNSWEDARMK53

ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:

Turf & Industrial Equipment
2715 Lafayette Street
Santa Clara, CA 95050
408-727-5660
[email protected]
Prepared For:

CITY OF PACIFICA PARKS / BEACHES & RECREATION
Proposal For:

Delivering Dealer:

James Sherman Jr
Turf & Industrial Equipment
2715 Lafayette Street
Santa Clara, CA 95050
[email protected]
Quote Prepared By:

James Sherman Jr
[email protected]

13.d
Packet Pg. 225 Attachment: Attachment 4 Deere and Co - John Deere 1600 Turbo Purchase Agreement (5236 : Resolution - Approval of Phase 1 of City Vehicle

ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):

Deere & Company
2000 John Deere Run
Cary, NC 27513
FED ID: 36-2382580
UEID: FNSWEDARMK53

ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:

Turf & Industrial Equipment
2715 Lafayette Street
Santa Clara, CA 95050
408-727-5660
[email protected]
Confidential
Salesperson : X ______________ Accepted By : X ______________ Quote Summary
Prepared For:

CITY OF PACIFICA PARKS / BEACHES &

RECREATION
170 SANTA MARIA AVE
PACIFICA, CA 94044
Delivering Dealer:

Turf & Industrial Equipment
James Sherman Jr
2715 Lafayette Street
Santa Clara, CA 95050
Phone: 408-727-5660
[email protected]
Quote ID: 27886004
06 December 2022
22 December 2022
Created On:

Last Modified On:

Expiration Date: 05 January 2023
Equipment Summary Selling Price Qty Extended
JOHN DEERE 1600 Turbo
TerrainCut Commercial Wide-Area
Mower with 2-Post Folding ROPS
$ 81,634.49 X 1 = $ 81,634.49
Contract: Sourcewell Grounds Maintenance 031121-DAC (PG NB CG 70) Price Effective Date: December 5, 2022
Equipment Total $ 81,634.49
* Includes Fees and Non-contract items Quote Summary
Equipment Total $ 81,634.49
Trade In
SubTotal $ 81,634.49
Sales Tax - (9.375%) $ 7,652.58
Est. Service
Agreement Tax
$ 0.00
Total $ 89,287.07
Down Payment (0.00)
Rental Applied (0.00)
Balance Due $ 89,287.07

13.d
Packet Pg. 226 Attachment: Attachment 4 Deere and Co - John Deere 1600 Turbo Purchase Agreement (5236 : Resolution - Approval of Phase 1 of City Vehicle Quote Id: 27886004 Customer Name: CITY OF PACIFICA PARKS / BEACHES & RECREATION Selling Equipment
Confidential

ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):

Deere & Company
2000 John Deere Run
Cary, NC 27513
FED ID: 36-2382580
UEID: FNSWEDARMK53

ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:

Turf & Industrial Equipment
2715 Lafayette Street
Santa Clara, CA 95050
408-727-5660
[email protected]
JOHN DEERE 1600 Turbo TerrainCut Commercial Wide-Area Mower with 2- Hours:

Stock Number:

Contract: Sourcewell Grounds Maintenance 031121-DAC
(PG NB CG 70)
Price Effective Date: December 5, 2022
Selling Price *
$ 81,634.49
* Price per item - includes Fees and Non-contract items Code Description Qty List Price Discount% Discount
Amount
Contract
Price
Extended
Contract
Price
0735TC 1600 Turbo TerrainCut
Commercial Wide-Area
Mower with 2-Post Folding
ROPS
1 $ 88,129.00 23.00 $ 20,269.67 $ 67,859.33 $ 67,859.33 Standard Options - Per Unit
001A United States and Canada 1 $ 0.00 23.00 $ 0.00 $ 0.00 $ 0.00 0443 US English w/ Spanish (BiLingual) Operator's Manual1 $ 0.00 23.00 $ 0.00 $ 0.00 $ 0.00 Standard Options Total $ 0.00 $ 0.00 $ 0.00 $ 0.00
Dealer Attachments/Non-Contract/Open Market
BUC11229 Tricycler Mulching Kit 1 $ 700.86 23.00 $ 161.20 $ 539.66 $ 539.66 JD1600S3
-001
(Non-Contract Sourced
Goods)Tektite Cab
Enclosure
1 $ 10,800.00 0.00 $ 0.00 $ 10,800.00 $ 10,800.00
JD1600S3
-002
(Non-Contract Sourced
Goods)John Deere Green
Cab Paint
1 $ 101.00 0.00 $ 0.00 $ 101.00 $ 101.00
JD1600S3
-008
(Non-Contract )Cab LED
H4eadlights With Tail Lights
1 $ 596.00 0.00 $ 0.00 $ 596.00 $ 596.00
JD1600S3
-004
(Non-Contract Sourced
Goods)Front Work Lights
1 $ 264.00 0.00 $ 0.00 $ 264.00 $ 264.00
JD1600S3
-009
(Non-Contract)4-Way LED
Flashers w/Directional
Signals
1 $ 555.00 0.00 $ 0.00 $ 555.00 $ 555.00
JD1600S3
-014
(Non-Contract Sourced
Goods)External Mirrors
1 $ 112.50 0.00 $ 0.00 $ 112.50 $ 112.50
JD1600S3
-015
(Non-Contract Sourced
Goods)Interior Heater
1 $ 800.00 0.00 $ 0.00 $ 800.00 $ 800.00
Dealer Attachments Total $ 13,929.36 $ 161.20 $ 13,768.16 $ 13,768.16

13.d
Packet Pg. 227 Attachment: Attachment 4 Deere and Co - John Deere 1600 Turbo Purchase Agreement (5236 : Resolution - Approval of Phase 1 of City Vehicle Quote Id: 27886004 Customer Name: CITY OF PACIFICA PARKS / BEACHES & RECREATION Selling Equipment
Confidential

ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):

Deere & Company
2000 John Deere Run
Cary, NC 27513
FED ID: 36-2382580
UEID: FNSWEDARMK53

ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:

Turf & Industrial Equipment
2715 Lafayette Street
Santa Clara, CA 95050
408-727-5660
[email protected]
Value Added Services
Total
$ 0.00 $ 0.00 $ 0.00
Fees
California Tire Fee 1 7.00 7.00 7.00
Equipment Fees Total $ 7.00 $ 7.00 $ 7.00
Total Selling Price $
102,065.36
$ 20,430.87 $ 81,634.49 $ 81,634.49

13.d
Packet Pg. 228 Attachment: Attachment 4 Deere and Co - John Deere 1600 Turbo Purchase Agreement (5236 : Resolution - Approval of Phase 1 of City Vehicle

Page 1 ends

PURCHASE AGREEMENT

CITY OF PACIFICA

DEPARTMENT OF PUBLIC WORKS
PURCHASE ORDER NO. _________
Seller (Vendor): Buyer:

Name Pape Machinery, Inc. Name: City of Pacifica
Address 38600 Cedar Blvd Address: 170 Santa Maria Avenue City, State Zip: Newark, CA 94560 City, State, ZIP: Pacifica, CA 94044 Attn: Josh Shapland Attn: Chris Martin
Phone: (510) 790-3600 Fax: N/A Phone: (650) 738-3774 Fax: (650) E-mail: [email protected] Fed. Tax I.D.: 0 E-mail: [email protected] Project Information (If Applicable): Ship To:

Charge to City of Pacifica – Public Works
Acct#: 72.92.0760.55110.0000.000 151 Milagra Dr
Pacifica, CA 94044
Order Date Ship Via Payment Terms
12/9/2022 Delivery Net 30 days of invoice Upon Receipt of Equipment Delivery
Buyer and Seller agree as follows:

MATERIAL AND/OR EQUIPMENT TO BE PROVIDED: Seller shall furnish the materials or equipment described below in strict compliance with Quote Number 27903593 as attached at the price set forth opposite each item and within the times stated below in accordance with the terms and provisions of this Purchase Agreement, including the attached Terms and Conditions, which are incorporated into and made a part of this Agreement:

Item
No.

Item Description Budget
Acct No.

Quantity Unit Price Extension Delivery
Date
1 John Deere 410 P-tier
backhoe loader

72.92.0760.55110.0000.000 1 $ 179,770.00 $ 179,770.00 TBD TOTAL $ 179,770.00
Sales Tax : $16,853.44
Shipping: $ 0
P.O. Total: $ 196,623.44

13.e
Packet Pg. 229 Attachment: Attachment 5 Pape Machinery - 410 Backhoe Purchase Agreement final (5236 : Resolution - Approval of Phase 1 of City Vehicle

PURCHASE AGREEMENT
Project Title: Pape Machinery – 410 Backhoe Loader
Special Terms and Conditions
Shipping: Show Purchase Order number on all packages and invoices.

All purchases are F.O.B Pacifica unless otherwise specified on Purchase Order.

Charges:

Buyer: CITY OF PACIFICA
Authorized Signature: _______________________
Name: KEVIN WOODHOUSE
Title: City Manager
Vendor: Pape Machinery, Inc.

Authorized Signature: _______________________
Name: Josh Shapland
Title: Sales Rep
If Seller is located in the City of Pacifica, does Seller have a current business license? Yes  No 

13.e
Packet Pg. 230 Attachment: Attachment 5 Pape Machinery - 410 Backhoe Purchase Agreement final (5236 : Resolution - Approval of Phase 1 of City Vehicle

PURCHASE AGREEMENT
Project Title: Pape Machinery – 410 Backhoe Loader
Yes  No 

13.e
Packet Pg. 231 Attachment: Attachment 5 Pape Machinery - 410 Backhoe Purchase Agreement final (5236 : Resolution - Approval of Phase 1 of City Vehicle

PURCHASE AGREEMENT
Project Title: Pape Machinery – 410 Backhoe Loader
adjustments for any claims or changes under this agreement, including claims arising from terminations or suspensions directed under DEFAULT above, of this agreement, will be made by written Change Order. Nothing contained herein shall excuse Seller from proceeding with the change as directed prior to negotiation of any adjustment. Whether made pursuant to this clause or by mutual agreement, changes shall not be binding upon the Buyer, except when confirmed in writing by a member of the Buyer’s Purchasing Department.

13.e
Packet Pg. 232 Attachment: Attachment 5 Pape Machinery - 410 Backhoe Purchase Agreement final (5236 : Resolution - Approval of Phase 1 of City Vehicle

PURCHASE AGREEMENT
Project Title: Pape Machinery – 410 Backhoe Loader
INSPECTION AND APPROVAL: All items are subject to final inspection and approval after delivery to Buyer. If any items are defective in material or workmanship or otherwise not in conformity with the requirements of this Purchase Order, the Buyer shall have the right to require Seller to correct or replace them. Final acceptance or rejection shall be made by the Buyer as promptly as practicable after delivery. Final acceptance shall be conclusive except with respect to latent defects, fraud or such gross mistakes as amount to fraud, or with respect to the Buyer’s rights under the “Warranty” clause.

13.e
Packet Pg. 233 Attachment: Attachment 5 Pape Machinery - 410 Backhoe Purchase Agreement final (5236 : Resolution - Approval of Phase 1 of City Vehicle

PURCHASE AGREEMENT
Project Title: Pape Machinery – 410 Backhoe Loader
based upon such costs. However, said payment shall not exceed the price specified herein for such items. Seller shall advise the Buyer, in writing, of Seller’s claim, if any, for termination costs within ten (10) days after receipt of the notice of termination. Termination in accordance with this article shall not affect Buyer’s obligation to pay for items accepted by Buyer prior to such termination.

13.e
Packet Pg. 234 Attachment: Attachment 5 Pape Machinery - 410 Backhoe Purchase Agreement final (5236 : Resolution - Approval of Phase 1 of City Vehicle Date: 09 December 2022 Offer Expires: 08 January 2023
Confidential
Quote Id: 27903593
Prepared For:

CITY OF PACIFICA
Prepared By: JOSH SHAPLAND
Pape Machinery, Inc.
38600 Cedar Blvd
Newark, CA 94560
Tel: 510-790-3600
Fax: 510-790-9120
Email: [email protected]

13.e
Packet Pg. 235 Attachment: Attachment 5 Pape Machinery - 410 Backhoe Purchase Agreement final (5236 : Resolution - Approval of Phase 1 of City Vehicle Salesperson : X ______________ Accepted By : X ______________ Confidential
Quote Summary
Prepared For:

CITY OF PACIFICA
CA
Prepared By:

JOSH SHAPLAND
Pape Machinery, Inc.
38600 Cedar Blvd
Newark, CA 94560
Phone: 510-790-3600
[email protected]
This sale is subject to Papé’s Terms and Conditions of Sale effective on the date hereof, which are incorporated in full by this reference. The Terms and Conditions of Sale are available at www. pape.com/terms , and will also be sent by mail or e-mail to the purchaser upon request.

Quote Id: 27903593
09 December 2022
19 December 2022
Created On:

Last Modified On:

Expiration Date: 08 January 2023
Equipment Summary Selling Price Qty Extended
JOHN DEERE 410 P-tier Backhoe
Loader Sourcewell Contract ID #
032119-JDC
$ 179,770.00 X 1 = $ 179,770.00
Equipment Total $ 179,770.00
Quote Summary
Equipment Total $ 179,770.00
SubTotal $ 179,770.00
Total $ 179,770.00
Down Payment (0.00)
Rental Applied (0.00)
Balance Due $ 179,770.00

13.e
Packet Pg. 236 Attachment: Attachment 5 Pape Machinery - 410 Backhoe Purchase Agreement final (5236 : Resolution - Approval of Phase 1 of City Vehicle Selling Equipment
Quote Id: 27903593
Confidential
JOHN DEERE 410 P-tier Backhoe Loader Sourcewell Contract ID # 032119- JDC
Hours:

Stock Number:

Code Description Qty
17E0T 410 P-tier Backhoe Loader 1
Standard Options - Per Unit
183E JDLink™ 1
0202 United States 1
0259 English 1
0351 Translated Text Labels 1
1003 Cab 1
3009 Autoshift Transmission - Mechanical
Front Wheel Drive (MFWD) with
Limited Slip Differential
1 4006 John Deere PowerTech™ EWL 4.5L
(276 cu. in.) Engine Meets Final Tier 4
and Stage IV Emissions
1 5250 Galaxy 21L-24 12PR Rear &

12.5/80-18 10PR Front
1 6154 Dual Maintenance Free Batteries With
Disconnect, Jump Post, and Engine
Block Heater
1 6576 1000 lb. (454 kg.) Front Counterweight 1
6752 Extendible Dipperstick 1
7002 Auxiliary Hydraulics with One & Two
Way Flow (Hammer & Thumb/Swinger)
1 7028 Pilot Controls, Two Lever, with Pattern
Selection
1 7040 Three-Function Loader Hydraulics,
Single Lever
1 7706 Multi-Brand Quick Coupler - 37 in.

Thumb Ready
1 7800 Less Backhoe Bucket with Bucket Pins 1
7865 92 in. (2.34 m.) Wide, 1.5 cu. yd. (1.15
cu. m.) Long-Lip Bucket
1 8025 Thumb - 37 in. 4 Tine 1
8039 Non-Export Rust Preventive Coating 1
8075 Diagnostic Oil Sampling Ports 1
8096 Premium Mirror Option - Exterior Rear
View Mirrors (2) and Front View Mirror
(1)
1 8109 Sun Visor 1
8115 MFWD Driveshaft Guard 1

13.e
Packet Pg. 237 Attachment: Attachment 5 Pape Machinery - 410 Backhoe Purchase Agreement final (5236 : Resolution - Approval of Phase 1 of City Vehicle Selling Equipment
Quote Id: 27903593
Confidential
8126 Heavy-Duty Grille Frame1
8131 Heavy-Duty Stabilizer Pads1
8142 LED Light Package1
8165 Auto Ride Control1
8183 Radio, Bosch Premium Package1
8207 Seat, Cloth Air-Suspension1
Dealer Attachments
AT437343 BKH Pin-On Bucket 24 In. (610 mm)
Heavy Duty 7.5 Cu. Ft. (0.21 Cu. M.)
1 AT437344 BKH Pin-on Bucket 24 In. (610 mm)
Heavy-Duty 8.8 Cu. Ft. (0.25 Cu. M.)
1 AT437616 BKH Pin-on Bucket 36 In. (914 mm)
Ditching 12.5 Cu. Ft. (0.35 Cu. M.)
1 xtra pins for backhoe buckets1
Other Charges
Freight1

13.e
Packet Pg. 238 Attachment: Attachment 5 Pape Machinery - 410 Backhoe Purchase Agreement final (5236 : Resolution - Approval of Phase 1 of City Vehicle Notice: When operated in California, any off-road diesel vehicle may be subject to the California Air Resources Board In-Use Offroad Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board website at:
http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm.

13.e
Packet Pg. 239 Attachment: Attachment 5 Pape Machinery - 410 Backhoe Purchase Agreement final (5236 : Resolution - Approval of Phase 1 of City Vehicle

Page 1 ends

PURCHASE AGREEMENT

CITY OF PACIFICA

DEPARTMENT OF PUBLIC WORKS
PURCHASE ORDER NO. _________
Seller (Vendor): Buyer:

Name Towne Ford Name: City of Pacifica
Address 643 Bair Island Rd Address: 170 Santa Maria Avenue City, State Zip: Redwood City, CA 94063 City, State, ZIP: Pacifica, CA 94044 Attn: Frank Ginotti Attn: Chris Martin
Phone: 650-562-2267 Fax: N/A Phone: (650) 738-3774 Fax: (650) E-mail: Fed. Tax I.D.: 0 E-mail: [email protected]
Project Information (If Applicable): Ship To:

Charge to City of Pacifica – Public Works
Acct#: 72.92.0760.55110.0000.000 675 Oceana Blvd
Pacifica, CA 94044
Order Date Ship Via Payment Terms
9/8/2022 Delivery Net 30 days of invoice Upon Receipt of Equipment Delivery
Buyer and Seller agree as follows:

MATERIAL AND/OR EQUIPMENT TO BE PROVIDED: Seller shall furnish the materials or equipment described below in strict compliance with deal number(s) 97591, 97593, and 97594, as attached at the price set forth opposite each item and within the times stated below in accordance with the terms and provisions of this Purchase Agreement, including the attached Terms and Conditions, which are incorporated into and made a part of this Agreement:

Item
No.

Item Description Budget
Acct No.

Quantity Unit Price Extension Delivery
Date
1 2023 Ford Police Interceptor
Ecoboost

72.92.0760.55110.0000.000 1 $ 50,035.00 $ 50,035.00 TBD 2 2023 Ford Police Interceptor
Regular

72.92.0760.55110.0000.000 2 $ 46,665.00 $93,330.00
3 2023 Ford Police Interceptor
Regular W/ rear AC

72.92.0760.55110.0000.000 1 $ 47,205.00 $ 47,205.00
State local taxes 72.92.0760.55110.0000.000 1 $ 4,690.78 $ 4,690.78 State local taxes 72.92.0760.55110.0000.000 2 $ 4,374.84 $8,749.68 State local taxes 72.92.0760.55110.0000.000 1 $ 4,425.47 $ 4,425.47 DMV Doc Fee 72.92.0760.55110.0000.000 4 $ 39.75 $ 159.00 TOTAL $ 190,729.00
Sales Tax : $ 17,865.93
Shipping: $ 0
P.O. Total: $ 208,594.93

13.f
Packet Pg. 240 Attachment: Attachment 6 Towne Ford - 2023 Ford Interceptor Purchase Agreement final (5236 : Resolution - Approval of Phase 1 of City

PURCHASE AGREEMENT
Project Title: Vehicle replacement – (4) 2023 Ford PD Interceptor – Towne Ford Special Terms and Conditions
Shipping: Show Purchase Order number on all packages and invoices.

All purchases are F.O.B Pacifica unless otherwise specified on Purchase Order.

Charges:

 Purchase between $25,000.01 and $50,000
(must be approved by the City Manager)
Approved: _______________________
Name: KEVIN WOODHOUSE
City Manager
 Purchase above $50,000
(must be approved by the City Council)
Date City Council Approved:

Buyer: CITY OF PACIFICA
Authorized Signature: _______________________
Name: KEVIN WOODHOUSE
Title: City Manager
Vendor: Towne Ford
Authorized Signature: _______________________
Name:

Title:

If Seller is located in the City of Pacifica, does Seller have a current business license? Yes  No 

13.f
Packet Pg. 241 Attachment: Attachment 6 Towne Ford - 2023 Ford Interceptor Purchase Agreement final (5236 : Resolution - Approval of Phase 1 of City

PURCHASE AGREEMENT
Project Title: Vehicle replacement – (4) 2023 Ford PD Interceptor – Towne Ford

13.f
Packet Pg. 242 Attachment: Attachment 6 Towne Ford - 2023 Ford Interceptor Purchase Agreement final (5236 : Resolution - Approval of Phase 1 of City

PURCHASE AGREEMENT
Project Title: Vehicle replacement – (4) 2023 Ford PD Interceptor – Towne Ford written Change Order. Nothing contained herein shall excuse Seller from proceeding with the change as directed prior to negotiation of any adjustment. Whether made pursuant to this clause or by mutual agreement, changes shall not be binding upon the Buyer, except when confirmed in writing by a member of the Buyer’s Purchasing Department.

INSPECTION AND APPROVAL: All items are subject to final inspection and approval after delivery to Buyer. If any items are defective in material or workmanship or otherwise not in conformity with the requirements of this Purchase Order, the Buyer shall have the right to require

13.f
Packet Pg. 243 Attachment: Attachment 6 Towne Ford - 2023 Ford Interceptor Purchase Agreement final (5236 : Resolution - Approval of Phase 1 of City

PURCHASE AGREEMENT
Project Title: Vehicle replacement – (4) 2023 Ford PD Interceptor – Towne Ford Seller to correct or replace them. Final acceptance or rejection shall be made by the Buyer as promptly as practicable after delivery. Final acceptance shall be conclusive except with respect to latent defects, fraud or such gross mistakes as amount to fraud, or with respect to the Buyer’s rights under the “Warranty” clause.

Transportation charges for the return and redelivery of defective items shall be borne by the Seller.

13.f
Packet Pg. 244 Attachment: Attachment 6 Towne Ford - 2023 Ford Interceptor Purchase Agreement final (5236 : Resolution - Approval of Phase 1 of City

PURCHASE AGREEMENT
Project Title: Vehicle replacement – (4) 2023 Ford PD Interceptor – Towne Ford article shall not affect Buyer’s obligation to pay for items accepted by Buyer prior to such termination.

13.f
Packet Pg. 245 Attachment: Attachment 6 Towne Ford - 2023 Ford Interceptor Purchase Agreement final (5236 : Resolution - Approval of Phase 1 of City

13.f
Packet Pg. 246 Attachment: Attachment 6 Towne Ford - 2023 Ford Interceptor Purchase Agreement final (5236 : Resolution - Approval of Phase 1 of City

13.f
Packet Pg. 247 Attachment: Attachment 6 Towne Ford - 2023 Ford Interceptor Purchase Agreement final (5236 : Resolution - Approval of Phase 1 of City

13.f
Packet Pg. 248 Attachment: Attachment 6 Towne Ford - 2023 Ford Interceptor Purchase Agreement final (5236 : Resolution - Approval of Phase 1 of City

13.f
Packet Pg. 249 Attachment: Attachment 6 Towne Ford - 2023 Ford Interceptor Purchase Agreement final (5236 : Resolution - Approval of Phase 1 of City

Page 1 ends

PURCHASE AGREEMENT

CITY OF PACIFICA

DEPARTMENT OF PUBLIC WORKS
PURCHASE ORDER NO. _________
Seller (Vendor): Buyer:

Name Clark Equipment Name: City of Pacifica
Address 250 E Beaton Dr Address: 170 Santa Maria Avenue City, State Zip: West Fargo, ND 58078 City, State, ZIP: Pacifica, CA 94044 Attn: Heather Messmer Attn: Chris Martin
Phone: (701) 241-8719 Fax: N/A Phone: (650) 738-3774 Fax: (650) E-mail: Fed. Tax I.D.: 0 E-mail: [email protected] Project Information (If Applicable): Ship To:

Charge to City of Pacifica – Public Works
Acct#: 72.92.0760.55110.0000.000 151 Milagra Dr
Pacifica, CA 94044
Order Date Ship Via Payment Terms
11/9/2022 Delivery Net 30 days of invoice Upon Receipt of Equipment Delivery
Buyer and Seller agree as follows:

MATERIAL AND/OR EQUIPMENT TO BE PROVIDED: Seller shall furnish the materials or equipment described below in strict compliance with Quote Number MMB-01716 as attached at the price set forth opposite each item and within the times stated below in accordance with the terms and provisions of this Purchase Agreement, including the attached Terms and Conditions, which are incorporated into and made a part of this Agreement:

Item
No.

Item Description Budget
Acct No.

Quantity Unit Price Extension Delivery
Date
1 Bobcat UW56 72.92.0760.55110.0000.000 1 $ 55,978.63 $ 55,978.63 TBD Dealer PDI 72.92.0760.55110.0000.000 1 $ 150.00 $ 150.00 Dealer Assembly 72.92.0760.55110.0000.000 1 $ 740.00 $ 740.00 Material and Logistics 72.92.0760.55110.0000.000 1 $ 4,934.00 $ 4,934.00 TOTAL $ 61,802.63
Sales Tax : $ 5,794.00
Shipping: $ 1,400.00
P.O. Total: $ 68,996.63

13.g
Packet Pg. 250 Attachment: Attachment 7 Clark Equipment - Bobcat Toolcat Purchase Agreement final (5236 : Resolution - Approval of Phase 1 of City Vehicle

PURCHASE AGREEMENT
Project Title: Clark Equipment – Bobcat UW56
Special Terms and Conditions
Shipping: Show Purchase Order number on all packages and invoices.

All purchases are F.O.B Pacifica unless otherwise specified on Purchase Order.

Charges:

Buyer: CITY OF PACIFICA
Authorized Signature: _______________________
Name: KEVIN WOODHOUSE
Title: City Manager
Vendor: Clark Equipment
Authorized Signature: _______________________
Name: Heather Messmer
Title: Sales Rep
If Seller is located in the City of Pacifica, does Seller have a current business license? Yes  No 

13.g
Packet Pg. 251 Attachment: Attachment 7 Clark Equipment - Bobcat Toolcat Purchase Agreement final (5236 : Resolution - Approval of Phase 1 of City Vehicle

PURCHASE AGREEMENT
Project Title: Clark Equipment – Bobcat UW56

13.g
Packet Pg. 252 Attachment: Attachment 7 Clark Equipment - Bobcat Toolcat Purchase Agreement final (5236 : Resolution - Approval of Phase 1 of City Vehicle

PURCHASE AGREEMENT
Project Title: Clark Equipment – Bobcat UW56
terminations or suspensions directed under DEFAULT above, of this agreement, will be made by written Change Order. Nothing contained herein shall excuse Seller from proceeding with the change as directed prior to negotiation of any adjustment. Whether made pursuant to this clause or by mutual agreement, changes shall not be binding upon the Buyer, except when confirmed in writing by a member of the Buyer’s Purchasing Department.

INSPECTION AND APPROVAL: All items are subject to final inspection and approval after delivery to Buyer. If any items are defective in material or workmanship or otherwise not in

13.g
Packet Pg. 253 Attachment: Attachment 7 Clark Equipment - Bobcat Toolcat Purchase Agreement final (5236 : Resolution - Approval of Phase 1 of City Vehicle

PURCHASE AGREEMENT
Project Title: Clark Equipment – Bobcat UW56
conformity with the requirements of this Purchase Order, the Buyer shall have the right to require Seller to correct or replace them. Final acceptance or rejection shall be made by the Buyer as promptly as practicable after delivery. Final acceptance shall be conclusive except with respect to latent defects, fraud or such gross mistakes as amount to fraud, or with respect to the Buyer’s rights under the “Warranty” clause.

WARRANTIES-GUARANTEES: The Seller warrants that the items, at time of delivery, shall conform to the Buyer’s specifications, the requirements of this Purchase Order, approved sample or samples, if any, and are free from defects in design, material and workmanship. This warranty shall remain in effect for a One (1) year period after delivery or start-up or for such period of time as the item is normally warranted or the manufacturer’s warranty if greater than one year (See Attached Manufacturer’s Warranty). At the Buyer’s option, the Seller shall promptly either repair or replace defective items after receipt of the Buyer’s written notice of a defect. Transportation charges for the return and redelivery of defective items shall be borne by the Seller. Seller also warrants that said merchandise is free and clear of all liens and encumbrances whatsoever and the Seller has good and marketable title to same, and Seller agrees to indemnify, defend and hold the City of Pacifica, its officers, agents and employees free and harmless against any and all claimants to said merchandise.

13.g
Packet Pg. 254 Attachment: Attachment 7 Clark Equipment - Bobcat Toolcat Purchase Agreement final (5236 : Resolution - Approval of Phase 1 of City Vehicle

PURCHASE AGREEMENT
Project Title: Clark Equipment – Bobcat UW56
within ten (10) days after receipt of the notice of termination. Termination in accordance with this article shall not affect Buyer’s obligation to pay for items accepted by Buyer prior to such termination.

13.g
Packet Pg. 255 Attachment: Attachment 7 Clark Equipment - Bobcat Toolcat Purchase Agreement final (5236 : Resolution - Approval of Phase 1 of City Vehicle Product Quotation
Quotation Number: MMB-01716
Date: 2022-11-09 14:00:53
Customer Name/Address: Bobcat Delivering Dealer ORDER TO BE PLACED WITH:

Contract Holder/Manufacturer
CITY OF PACIFICA 633252
Attn: CHRIS MARTIN
170 Santa Maria Ave
Pacifica, CA 94044-2506
Bobcat of Fremont, Fremont, CA
40595 Albrae St.

FREMONT CA 94538
Phone: (510) 897-4123
Fax: (510) 897-4007
Clark Equipment Co dba Bobcat
Company
250 E Beaton Dr,
West Fargo, ND 58078
Phone: 701-241-8719
Fax: 855-608-0681
Contact: Heather Messmer
[email protected]
Description Part No Qty Price Ea. Total
Bobcat UW56 M1225 1 $53,265.60 $53,265.60
Adjustable Vinyl Seats
All-Wheel Steer
Automatically Activated Glow Plugs
Auxiliary Hydraulics
• Variable Flow with dual direction detent
Beverage Holders
Bob-Tach
Boom Float
Cargo Box Support
Cruise Control
Speed Management
Enclosed Cab with HVAC
Dual Port USB charger
Lower Engine Guard
Limited Slip Transaxle
Engine and Hydraulic Monitor with Shutdown
Front LED Work Lights
Full-time Four-Wheel Drive
Horsepower Management
• Roll Over Protective Structure (ROPS) . Meets
Requirements of SAE-J1040 & ISO 3471
• Falling Object Protective Structure (FOPS) . Meets
Requirements of SAE-J1043 & ISO3449, Level I
Dome Light
Hydraulic Dump Box
Instrumentation: Standard 5" Display with
Keyless Start, Engine Temperature and Fuel
Gauges, Hour meter, RPM and Warning
Indicators. Includes maintenance interval
notification, fault display, job codes, quick start,
and security lockouts.

Joystick, Manually Controlled with Lift Arm Float
Lift Arm Support
Parking Brake, automatic
Power Steering with Tilt Steering Wheel
Radiator Screen
Rear Receiver Hitch
Seat Belts, Shoulder Harness
Spark Arrestor Muffler
Suspension, 4-wheel independent
Tires: 27 x 10.5-15 (8 ply), Lug Tread
Toolcat Interlock Control System (TICS)
Two-Speed Transmission
Machine Warranty: 12 Months, unlimited hours
Bobcat Engine Warranty: Additional 12 Months
or total of 2000 hours after initial 12 month
warranty
Attachment Control M1225-R08-C02 1 $188.80 $188.80
Traction Control M1225-R16-C02 1 $436.00 $436.00
Rear Worklight 7439789 1 $218.09 $218.09
Rotating Beacon 7424195 1 $222.75 $222.75
Road Light Kit 7432520 1 $1,497.54 $1,497.54
Backup Alarm 7434733 1 $149.85 $149.85
Total of Items Quoted $55,978.63
Dealer P.D.I. $150.00
Freight Charges $1,400.00
Dealer Assembly Charges $740.00
Other Charges: Material and Logistics $4,934.00
Quote Total - US dollars $63,202.63
Notes:

13.g
Packet Pg. 256 Attachment: Attachment 7 Clark Equipment - Bobcat Toolcat Purchase Agreement final (5236 : Resolution - Approval of Phase 1 of City Vehicle *Prices per the Sourcewell Contract #040319-CEC.
*Terms Net 60 Days. Credit cards accepted.
*FOB Destination
*State Sales Taxes apply. IF Tax Exempt, please include Tax Exempt Certificate with order. *TID# 38-0425350
*Orders Must Be Placed with: Clark Equipment Company dba Bobcat Company, Govt Sales, 250 E Beaton Drive, West Fargo, ND 58078.
*Quote valid for 30 days
ORDER ACCEPTED BY:
___________________________________ ___________________________________

SIGNATURE DATE
___________________________________ ___________________________________

PRINT NAME AND TITLE PURCHASE ORDER NUMBER
DELIVERY ADDRESS:_______________________________________________________________ BILLING ADDRESS (if different than Ship To):___________________________________________ TAX EXEMPT? ________YES ________NO
Exempt in the State of ________________________________ Tax Exempt ID:

FEDERAL - ____________________________________________
STATE - ___________________________________________
Expiration Date: _____________________________________

13.g
Packet Pg. 257 Attachment: Attachment 7 Clark Equipment - Bobcat Toolcat Purchase Agreement final (5236 : Resolution - Approval of Phase 1 of City Vehicle

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/9/2023
1 SUBJECT:

Fourth Amendment to Consultant Services Agreement for On-Call Planning Services Between the City of Pacifica and Consulting Firm Good City Company RECOMMENDED ACTION:

Move to adopt the attached resolution to approve the Fourth Amendment to the Agreement for Consultant Services between the City of Pacifica and Good City Company, by increasing the contract amount by $140,000 with a total not to exceed amount of $460,000 and, to authorize the City Manager to execute the amendment.

STAFF CONTACT:

Christian Murdock, AICP, Planning Director
(650) 738-7341
[email protected]
BACKGROUND/DISCUSSION:

The Planning Department is processing a significant number of routine and complex development project applications submitted for City permits. The Planning Department is also the lead department for several City Council priority initiatives, including but not limited to ongoing efforts to implement the General Plan update and Sharp Park Specific Plan, and updating the Housing Element of the General Plan. The Planning Department also has a key supporting role in several other priority initiatives.

The Planning Department currently relies on three consulting firms to augment planning staff resources for routine project reviews and California Environmental Quality Act (CEQA) analyses1. The costs for these activities related to private development projects is reimbursed by project applicants. However, certain activities initiated by the City are funded from General Fund, grant, and/or other funding sources depending on the nature of the activities being undertaken.

Good City Company is supporting Planning Department staff with the 6th Cycle Housing Element update as well as private development project reviews. Good City Company brings unique expertise to the Housing Element task as it has supported several other jurisdictions in San Mateo County with their Housing Element updates. Good City Company, in consultation with City staff, originally estimated the cost for it to prepare a draft Housing Element document at $90,000. The City Council authorized the Third Amendment to the Agreement for Consultant Services (“Agreement”) for this amount plus a $10,000 contingency on September 26, 2022.

Since the City Council authorized the Third Amendment to the Agreement with Good City Company, the level of effort associated with the Housing Element update has become more 1 These three consulting firms are Good City Company, Metropolitan Planning Group (M-Group), and Raney Planning & Management.
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clearly understood based on what other cities are experiencing. Several San Mateo County jurisdictions have received their comment letters from the California Department of Housing and Community Development (HCD), the state agency responsible for reviewing Housing Element updates for substantial compliance with state law. The extent of analysis requested by HCD and the number and detail of comments provided in those letters on other jurisdictions’ draft housing elements has required a significant upward recalibration of the amount of work that will ultimately be required for Pacifica’s Housing Element update. Therefore, the City Manager recommends a Fourth Amendment to the Agreement with Good City Company to allow work on the Housing Element update to continue uninterrupted.

Staff, in consultation with Good City Company, now estimates that preparation of an adequate draft Housing Element and support for responses
to potential HCD comments will require an additional $140,000 (an additional $150,000 minus the $10,000 contingency authorized by City Council in the Third Amendment).

ALTERNATIVE ACTION:

Deny, or authorize a different amount for the proposed amendment to the Agreement.

Authorization of a reduced amount will require Planning Department staff to shift direct staff resources to the Housing Element update and away from other City Council priority initiatives.

Doing so would also delay adoption of the Housing Element update while Planning Department staff take over responsibilities from Good City Company while continuing to perform other staff general responsibilities, including obligations to process building permit applications and other private development project applications.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Good City Company’s support of the Housing Element Update is consistent with the following Council-adopted Work Plan initiative:
● Item 10: Prepare an update to the Housing Element of the General Plan.

FISCAL IMPACT:

The Fiscal Year 2022-2023 (FY 2022-23) budget allocated $103,449 for the Housing Element update process. The allocated funds included $50,000 from the Local Early Action Planning (LEAP) and $33,449 from the Regional Early Action Planning (REAP) grant programs (totaling $83,449). Allocated funds also included $20,000 from the General Fund for community engagement efforts for the Housing Element update. The City Council, during discussion of the Housing Element update community engagement strategy on August 8, 2022, directed a citywide mailing and third community meeting that resulted in additional costs of approximately $11,000 that were not included in the FY 2022-23 adopted budget.

Good City Company’s original estimate to support the Housing Element Update exceeded the Housing Element Update costs included in the FY 2022-23 adopted budget by $16,551. That amount, plus the additional community engagement directed by City Council, resulted in an additional cost of approximately $27,551 above the FY 2022-23 adopted budget for the Housing Element update. Staff identified salary savings in the Planning Department resulting from position vacancies that were sufficient to cover those costs, and did not request a budget amendment at that time.

The additional $140,000 associated with the proposed Fourth Amendment to the Agreement exceeds potential salary savings within the Planning Department. Staff has identified at least $50,000 within the FY 2022-23 adopted budget for the Planning Department that can be 14 Packet Pg. 259
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January 09, 2023
reallocated to the Housing Element update because the anticipated actions included in the budget will not be undertaken this fiscal year. Therefore, an additional $90,000 will be needed to cover the additional cost. Staff will revisit this matter during the mid-year budget review which is currently underway and will be presented to Council in March, 2023. If a budget amendment is needed at that time, staff will include an additional appropriation from the unassigned General Fund balance to ensure full funding of this activity within the Planning Department’s budget.

ORIGINATED BY:

Planning Department
ATTACHMENT LIST:

Att1-Resolution for Contract Amendment (DOCX)
Fourth Amendment - Good City Company (PDF)
Third Amendment - Good City Company (PDF)
Second Amendment - Good City Company (PDF)
First Amendment - Good City Company (PDF)
Original Agreement - Good City Company (PDF)
14 Packet Pg. 260
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA

AUTHORIZING THE CITY MANAGER TO EXECUTE A FOURTH AMENDMENT TO

THE CONSULTANT SERVICES AGREEMENT WITH GOOD CITY COMPANY FOR PROFESSIONAL PLANNING AND RELATED SERVICES.
________________________________________________________________________ WHEREAS, consistent with the City of Pacifica’s Purchasing Policy (Administrative Policy No. 76), the City of Pacifica entered into an agreement with Good City Company for consulting services under the City Manager’s purchasing authority in October 2020; and
WHEREAS, the City Council authorized amendments to the City’s agreement with Good City Company for consulting services in November 2021, June 2022, and September 2022; and
WHEREAS, the City Council of the City of Pacifica has considered the City Manager’s recommendation to approve a fourth amendment to the City’s agreement with Good City Company for consultant services on January 9, 2023.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pacifica to authorize the City Manager to amend the agreement with Good City Company for the purpose of increasing the cost ceiling to an amount not to exceed $460,000. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 9th day of January 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________
_____________________________
_
Sarah Coffey, City Clerk Michelle Kenyon, City Attorney

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Packet Pg. 261 Attachment: Att1-Resolution for Contract Amendment [Revision 1] (5237 : Good City Company Fourth Amendment to Agreement)

FOURTH AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This Fourth Amendment to Agreement for Consultant Services (the "Fourth Amendment") is made and entered into this day of January 2023, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and Good City Company, a California Corporation (hereinafter referred to as "CONSULTANT").

RECITALS
WHEREAS, on October 16, 2020, CITY and CONSULTANT entered into that certain agreement entitled “Agreement for Consultant Services” (“Agreement”) to provide on-call planning services and related services; and
WHEREAS, on February 1, 2022, CITY and CONSULTANT entered into a First Amendment to that Agreement to increase the Cost Ceiling and extend the Term under the Agreement; and
WHEREAS, on June 27, 2022, the City Council authorized CITY and CONSULTANT to enter into a Second Amendment to that Agreement to increase the Cost Ceiling and extend the Term under the Agreement; and
WHEREAS, on October 5, 2022, the City Council authorized CITY and CONSULTANT to enter into a Third Amendment to that Agreement to increase the Cost Ceiling and extend the Term under the Agreement; and
WHEREAS, CITY and CONSULTANT now desire to enter into this Fourth Amendment to increase the Cost Ceiling in section 2.1 (“Compensation”) of the Agreement.

AGREEMENT
NOW, THEREFORE, for the considerations hereinafter set forth, the parties hereby amend the Agreement as follows:

1. Section 2.1 of the Agreement, “Compensation” is hereby amended to read as follows:

Compensation. Compensation for the Services shall be in accordance with Exhibit A, Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $460,000 (“Cost Ceiling”).

2. Agreement in Effect. Except as amended by this Fourth Amendment, the Agreement shall remain in full force and effect.

3. Counterpart Signatures. This Fourth Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement.

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Packet Pg. 262 Attachment: Fourth Amendment - Good City Company (5237 : Good City Company Fourth Amendment to Agreement) IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.

CITY OF PACIFICA
By: Date
Kevin Woodhouse, City Manager
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney

CONSULTANT
_GOOD CITY COMPANY
By: Date
By: Date
- 2 -
1/3/23

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Packet Pg. 263 Attachment: Fourth Amendment - Good City Company (5237 : Good City Company Fourth Amendment to Agreement)

EXHIBIT
A
-3-

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Packet Pg. 264 Attachment: Fourth Amendment - Good City Company (5237 : Good City Company Fourth Amendment to Agreement)

BILLING RATES

BILLING
RATES
Good City prides itself on being a cost-effective solution for public sector agencies. Staffretains detailed timesheets and works efficiently to ensure the client is getting the best value for the services.

Good City Company
1351 Laurel St
San Carlos, CA 94070
www.goodcityco.com
Subconsultant Contracts Direct Billing + 10% oversight fee Rates subject to adjustment January 1st of each year (typically 3-5% increase)
» Principal $250/hour
» Planning Director $225/hour
» Principal Planner/Planning Manager $195/hour
» Economic Development Director $225/hour
» Chief Building Official $165/hour
» Senior Planner/Project Manager $170/hour
» Associate Planner $135/hour
» Assistant Planner $120/hour
» Planning Technician $95/hour
» Marketing Specialist/Graphic Designer $95/hour
» Administrative Assistant $80/hour

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Packet Pg. 265 Attachment: Fourth Amendment - Good City Company (5237 : Good City Company Fourth Amendment to Agreement)

THIRD AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This Third Amendment to Agreement for Consultant Services (the "Third Amendment") is made and entered into this ______ day of October 2022, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and Good City Company, a California Corporation (hereinafter referred to as "CONSULTANT").

RECITALS
WHEREAS, on October 16, 2020, CITY and CONSULTANT entered into that certain agreement entitled “Agreement for Consultant Services” (“Agreement”) to provide on-call planning services and related services; and
WHEREAS, on February 1, 2022, CITY and CONSULTANT entered into a First Amendment to that Agreement to increase the Cost Ceiling and extend the Term under the Agreement; and
WHEREAS, on June 27, 2022, the City Council authorized CITY and CONSULTANT to enter into a Second Amendment to that Agreement to increase the Cost Ceiling and extend the Term under the Agreement; and
WHEREAS, CITY and CONSULTANT now desire to enter into this Third Amendment to increase the Cost Ceiling in section 2.1 (“Compensation”) and extend the Term in section 3.1 (“Effective Date”) of the Agreement.

AGREEMENT
NOW, THEREFORE, for the considerations hereinafter set forth, the parties hereby amend the Agreement as follows:

1. Section 2.1 of the Agreement, “Compensation” is hereby amended to read as follows:

2. Section 3.1 of the Agreement, “Effective Date” is hereby amended to read as follows:

Effective Date. This Agreement shall become effective upon execution of the first signature and shall remain in full force and effect until the Services are completed (the “Term”). CONSULTANT agrees to complete all services by June 30, 2024.

3. Agreement in Effect. Except as amended by this Third Amendment, the Agreement shall remain in full force and effect.

4. Counterpart Signatures. This Third Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. 5th

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Packet Pg. 266 Attachment: Third Amendment - Good City Company (5237 : Good City Company Fourth Amendment to Agreement) - 2 -
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.

CITY OF PACIFICA
By: Date
Kevin Woodhouse, City Manager
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney

CONSULTANT
_GOOD CITY COMPANY____________________
By: Date
By: Date

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Packet Pg. 267 Attachment: Third Amendment - Good City Company (5237 : Good City Company Fourth Amendment to Agreement) - 3 -

EXHIBIT A

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Packet Pg. 268 Attachment: Third Amendment - Good City Company (5237 : Good City Company Fourth Amendment to Agreement)

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Packet Pg. 271 Attachment: Second Amendment - Good City Company (5237 : Good City Company Fourth Amendment to Agreement)

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Packet Pg. 272 Attachment: Second Amendment - Good City Company (5237 : Good City Company Fourth Amendment to Agreement)

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Packet Pg. 273 Attachment: Second Amendment - Good City Company (5237 : Good City Company Fourth Amendment to Agreement)

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Packet Pg. 274 Attachment: Second Amendment - Good City Company (5237 : Good City Company Fourth Amendment to Agreement)

FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This First Amendment to Agreement for Consultant Services (the "First Amendment") is made and entered into this ______ day of November 2021, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and Good City Company, a California Corporation (hereinafter referred to as "CONSULTANT").

RECITALS
WHEREAS, on October 16, 2020, CITY and Consultant entered into that certain agreement entitled “Agreement for Consultant Services” (“Agreement”) to provide on-call planning services and related services; and
WHEREAS, CITY and CONSULTANT now desire to enter into this First Amendment to increase the Cost Ceiling in section 2.1 (“Compensation”) and extend the completion date identified in section 3.1 (“Effective Date”) of the Agreement.

AGREEMENT
NOW, THEREFORE, for the considerations hereinafter set forth, the parties hereby amend the Agreement as follows:

1. Section 2.1 of the Agreement, “Compensation” is hereby amended to read as follows:

2. Section 3.1 of the Agreement, “Effective Date” is hereby amended to read as follows:

3. Agreement in Effect. Except as amended by this First Amendment, the Agreement shall remain in full force and effect.

4. Counterpart Signatures. This First Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement.

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Packet Pg. 275 Attachment: First Amendment - Good City Company (5237 : Good City Company Fourth Amendment to Agreement) - 2 -
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.

CITY OF PACIFICA
By: Date
Kevin Woodhouse, City Manager
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney

CONSULTANT
_GOOD CITY COMPANY____________________
By: Date
By: Date
Aaron Aknin, Principal, Good City Comany
11/15/21

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EXHIBIT A

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Packet Pg. 277 Attachment: First Amendment - Good City Company (5237 : Good City Company Fourth Amendment to Agreement)

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Attachment: Original Agreement - Good City Company (5237 : Good City Company Fourth Amendment to Agreement)

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/9/2023
1 SUBJECT:

First Amendment to Consultant Services Agreement for On-Call Environmental Review Services Between the City of Pacifica and Consulting Firm Rincon Consultants Inc.

RECOMMENDED ACTION:

Move to adopt the attached resolution to approve the First Amendment to the Master Agreement for Consultant Services between the City of Pacifica and Rincon Consultants Inc., by increasing the contract amount by $177,203 with a total not to exceed amount of $227,203, and to authorize the City Manager to execute the amendment.

STAFF CONTACT:

Christian Murdock, AICP, Planning Director
(650) 738-7341
[email protected]
BACKGROUND/DISCUSSION:

The Planning Department currently relies on three consulting firms to augment planning staff resources for routine project reviews and California Environmental Quality Act (CEQA) analyses1. This proposed amendment would add a fourth consulting firm, Rincon Consultants Inc., to support CEQA analyses for the Planning Department.

The proposed First Amendment to the Master Agreement for Consultant Services (“Agreement”) would increase the cost ceiling of the existing Agreement by $177,203 to establish a total not to exceed amount of $227,203. The increase is necessary to authorize the preparation of an environmental impact report (EIR) for the 36-unit Hillside Meadows development project proposed within the Linda Mar neighborhood. The proposal by Rincon Consultants Inc. includes a cost of $206,548 to which staff recommends adding a 10% contingency, for a total cost of $227,203. The original agreement with Rincon Consultants Inc. was entered into for oncall biological services for the Public Works Department within the City Manager’s purchasing authority. Thus, after deducting the original $50,000 cost ceiling for the original agreement, the City Manager recommends a cost ceiling increase with this First Amendment totaling $177,203. 1 These three consulting firms are Good City Company, Metropolitan Planning Group (M-Group), and Raney Planning & Management.
15 Packet Pg. 288
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January 09, 2023
ALTERNATIVE ACTION:

Deny, or authorize a different amount for the proposed amendment to the Agreement.

Authorization of a reduced amount will require Planning Department staff to shift resources to perform the CEQA analysis. However, staff may need to commit significant time to achieve the level of expertise and efficiency being offered by the consultant in this instance, and may still need to seek future City Council authorization for certain specialized subconsultant assistance for highly technical aspects of the CEQA analysis process.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

This proposed contract amendment is associated with the Planning Department’s mandated review of development projects under state law and the Pacifica Municipal Code.

FISCAL IMPACT:

The costs of this amendment are already included in the Planning Department’s Fiscal Year 2022-2023 (FY 2022-23) budget for processing of private development projects. All costs associated with this activity will be reimbursed by the project applicant.

ORIGINATED BY:

Planning Department
ATTACHMENT LIST:

Att1-Resolution for Contract Amendment (DOCX)
First Amendment - Rincon Consultants Inc. (PDF)
Original Agreement - Rincon Consultants Inc. (PDF)
15 Packet Pg. 289
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA

AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH RINCON CONSULTANTS INC. FOR ENVIRONMENTAL REVIEW AND RELATED SERVICES.
________________________________________________________________________ WHEREAS, consistent with the City of Pacifica’s Purchasing Policy (Administrative Policy No. 76), the City of Pacifica entered into an agreement with Rincon Consultants Inc. (“Consultant”) for on-call biological services under the City Manager’s purchasing authority on November 30, 2021; and
WHEREAS, the City Council of the City of Pacifica has considered the City Manager’s recommendation to approve a first amendment to the City’s agreement with Consultant on January 9, 2023.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pacifica to authorize the City Manager to amend the agreement with Consultant for the purpose of increasing the cost ceiling to an amount not to exceed $227,203. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 9th day of January 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _____________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney

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Packet Pg. 290 Attachment: Att1-Resolution for Contract Amendment [Revision 1] (5238 : Rincon First Amendment to Agreement)

FIRST AMENDMENT TO MASTER AGREEMENT FOR CONSULTANT SERVICES This First Amendment to Master Agreement for Consultant Services (the "First Amendment") is made and entered into this day of January 2023, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and Rincon Consultants Inc., a California Corporation (hereinafter referred to as "CONSULTANT").

RECITALS
WHEREAS, on November 30, 2021, CITY and CONSULTANT entered into that certain agreement entitled “Master Agreement for Consultant Services” (“Agreement”) to provide oncall biological services and related services; and WHEREAS, CITY and CONSULTANT now desire to enter into this First Amendment to increase the Cost Ceiling in section 2.1 (“Compensation”) of the Agreement.

AGREEMENT
NOW, THEREFORE, for the considerations hereinafter set forth, the parties hereby amend the Agreement as follows:

1. Section 2.1 of the Agreement, “Compensation” is hereby amended to read as follows:

2. Agreement in Effect. Except as amended by this First Amendment, the Agreement shall remain in full force and effect.

3. Counterpart Signatures. This First Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement.

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Packet Pg. 291 Attachment: First Amendment - Rincon Consultants Inc. (5238 : Rincon First Amendment to Agreement) IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.

CITY OF PACIFICA
By: Date
Kevin Woodhouse, City Manager
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney

CONSULTANT
_RINCON CONSULTANTS INC.

By: Date
By: Date
- 2 -
January 4, 2023

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Packet Pg. 292 Attachment: First Amendment - Rincon Consultants Inc. (5238 : Rincon First Amendment to Agreement)

EXHIBIT
A
-3-

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Packet Pg. 293 Attachment: First Amendment - Rincon Consultants Inc. (5238 : Rincon First Amendment to Agreement) RINCON CONSULTANTS, INC.RINCON CONSULTANTS, INC.

Standard Fee Schedule for Environmental Sciences and Planning Services Professional, Technical and Support Personnel* Hourly Rate Principal II $295
DirectorII $295
Principal I $285
DirectorI $285
Senior SupervisorII $258
SupervisorI $240
Senior Professional II $224
Senior Professional I $208
Professional IV $184
Professional III $170
Professional II $153
Professional I $136
Associate III $117
Associate II $102
Associate I $95
Field Technician $82
Data Solutions Architect $175
Senior GIS Specialist $164
GIS/CADD SpecialistII $146
GIS/CADD SpecialistI $131
Technical Editor $130
Project Accountant $110
Billing Specialist $95
Publishing Specialist $105
Clerical $95
* Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability experts, cultural resources experts, and other professionals. Expert witness services consisting of depositions or in-court testimony are charged at the hourly rate of $375.

Reimbursable Expenses
Direct Cost Rates
Photocopies – Black and White $0.20 (single-sided), $0.40 (double-sided) Photocopies – Color $1.50 (single-sided), $3.00 (double-sided) Photocopies – 11 x 17 $0.50 (B&W), $3.30 (color)
Oversized Maps $8.00/square foot
Digital Production $15/CD, $20/flash drive
Light-Duty and Passenger Vehicles* $88/day
4WD and Off-road Vehicles* $140/day
* $0.65/mile for mileage over 50 and for all miles incurred in employee-owned vehicles.

Other direct costs associated with the execution of a project,that are not included in the hourly rates above, are billed at cost plus 15%. These may include, but are not limited to, laboratory and drilling services, subcontractor services, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges.

Annual Escalation. Standard rates subject to 3.5% annual escalation.

Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within ten (10) days from receipt or per the contractually required payment terms.

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Packet Pg. 294 Attachment: First Amendment - Rincon Consultants Inc. (5238 : Rincon First Amendment to Agreement) RINCON CONSULTANTS, INC.RINCON CONSULTANTS, INC.

Equipment Day Rate
Environmental Site Assessment
Soil Vapor Extraction Monitoring Equipment $155
Four Gas Monitor $133
Flame Ionization Detector $107
Photo Ionization Detector $80
Hand Auger Sampler $60
Water Level Indicator, DC Purge Pump $45
Natural Resources Field Equipment
UAS Drone $268
Spotting or Fiberoptic Scope $165
Pettersson Bat Ultrasound Detector/Recording Equipment $165 Sound Level Metering Field Package (Anemometer, Tripod and Digital Camera) $110 GPS (Sub‐meter Accuracy) $65
Infrared Sensor Digital Camera or Computer Field Equipment $55 Scent Station $22
Laser Rangefinder/Altitude $11
Pit‐fall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $9 Mammal Trap, Large/Small $1.50/$0.50
Water and Marine Resources Equipment
Boat(26 ft. Radon or Similar) $600
Boat(20 ft. Boston Whaler or Similar) $335
Multi Parameter Sonde (Temp, Cond, Turbidity, DO, pH) with GPS $165 Water Quality Equipment(DO, pH, Turbidity, Refractometer, Temperature) $60 Refractometer(Salinity) or Turbidity Meter $37
Large Block Nets $110
Minnow Trap $95
Net, Hand/Large Seine $55
Field Equipment Packages
Standard Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet, Safety Equipment, and Botanic Collecting Equipment)
$110
Remote Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet and Mifi, Delorme Satellite Beacon, 24‐Hour Safety Phone)
$140
Amphibian/Vernal Pool Field Package (Digital Camera, GPS, Thermometer, Decon Chlorine, Waders, Float Tube, Hand Net, Field Microscope) $165
Fisheries Equipment Package (Waders, Wetsuits, Dip Nets, Seine Nets, Bubblers, Buckets)
$55
Underwater and Marine Sampling Gear(U/W Photo/Video Camera, Scuba Equipment (Tanks, BCD, Regulators, Wetsuits, etc.)
$55/diver
Marine Field Package (PFDs – Personal Flotation Devices, 100-foot Reel Tapes with Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, Various Field Guides)
$55
Insurance, Hazard and Fees
Historic Research Fees $50
L&H Dive Insurance $55/diver
Level C Health and Safety $65/person

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Packet Pg. 295 Attachment: First Amendment - Rincon Consultants Inc. (5238 : Rincon First Amendment to Agreement) OAK #4818-2196-0582 v1

MASTER AGREEMENT FOR CONSULTANT SERVICES
This Master Agreement for Consultant Services (the "Agreement") is made and entered into this 30th day of November 2021, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and Rincon Consultants, Inc. [a corporation] (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, CITY requires On-Call Biological services in connection with Various City Projects;
WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.

NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:

ARTICLE 1 - SCOPE OF SERVICES

1.1. Scope of Services. CONSULTANT agrees to furnish services pursuant to a Task Order in the form set forth in Exhibit A, Task Order, which is attached hereto and incorporated herein (the "Services").

1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.

1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.

1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.

CONSULTANT agrees that the Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged, in the same or similar geographical area in which CONSULTANT practices its profession, and will prepare all work products required by this Agreement in accordance with such standards. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.

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Packet Pg. 296 Attachment: Original Agreement - Rincon Consultants Inc. (5238 : Rincon First Amendment to Agreement)

1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY. Persons employed or utilized by CONSULTANT in the performance of the Services will not be employees or agents of CITY. CONSULTANT is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.

1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT.

1.8. Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.

1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. Unless the action is brought by CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.

ARTICLE 2 - COMPENSATION

2.1. Compensation. Compensation for the Services shall be in accordance with the rate and schedules specified in a Task Order. However, in no event shall the amount the CITY pays to CONSULTANT for work done under a Task Order exceed the total compensation specified in the Task Order (“Cost Ceiling”) of $50,000.00 per Fiscal Year.

If cumulative task orders exceed $50,000.00, Council approval will be required.

2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding

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Packet Pg. 297 Attachment: Original Agreement - Rincon Consultants Inc. (5238 : Rincon First Amendment to Agreement) month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.

2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.

2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment under a Task Order until the Services provided under that Task Order are complete and CITY has received all Documents. CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.

ARTICLE 3 - TIME OF PERFORMANCE

3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until December 31, 2024 (the "Term").

Notwithstanding the foregoing, this Agreement may be extended for successive one-year term(s) upon mutual, written approval by the City Manager or his/her designee and CONSULTANT. Work authorized by a Task Order shall be performed in accordance with the schedule set forth in the Task Order.

3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.

3.3. Final Payment. CONSULTANT shall be entitled to compensation for Services performed up to the time of such termination, it being understood that any payments are full compensation for the Services rendered under this Agreement.

3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.

ARTICLE 4 - DESIGNATED CONTACTS

4.1. CITY Contact. CITY designates Sam Bautista, P.E. QSD/QSP its Deputy Director of Public Works as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's

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Packet Pg. 298 Attachment: Original Agreement - Rincon Consultants Inc. (5238 : Rincon First Amendment to Agreement) performance under this Agreement, and for liaison and coordination between CITY and CONSULTANT. In the event CITY wishes to make a change in CITY 's representative, CITY will notify CONSULTANT of the change in writing.

4.2. CONSULTANT Contact. CONSULTANT designates Abe Leider, Principal Planner, as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.

ARTICLE 5 - INDEMNIFICATION AND INSURANCE

5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties. CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense.

If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault.

The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.

5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.

5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.

A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against

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Packet Pg. 299 Attachment: Original Agreement - Rincon Consultants Inc. (5238 : Rincon First Amendment to Agreement) all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.

B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.

C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency in connection with this Agreement, at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policies shall include coverage for liability assumed by the CONSULTANT under this Agreement.

D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer’s liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.

E. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section

5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:

Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (cross-liability endorsement);
Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and

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Packet Pg. 300 Attachment: Original Agreement - Rincon Consultants Inc. (5238 : Rincon First Amendment to Agreement) Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.

It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.

Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.

F. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.

ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:

If to CITY: City Manager
540 Crespi Dr
Pacifica, CA 94404
Phone: (650) 738-7409
Facsimile: (650) 359-6038
Email: [email protected]

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Packet Pg. 301 Attachment: Original Agreement - Rincon Consultants Inc. (5238 : Rincon First Amendment to Agreement) If to CONSULTANT: Abe Leider Principal Planner
449 15th Street, Suite 303 Oakland, CA 94612
(510) 671-0175
[email protected]

MISCELLANEOUS

6.1. Conflict of Interest Prohibition. CITY and CONSULTANT will comply with the requirements of the CITY’s Conflict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. CONSULTANT may be required to file with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the CITY Clerk determines that completion of a Form 700 is not required, pursuant to CITY’s Conflict of Interest Code. Form 700 forms are available from the CITY Clerk.

CONSULTANT may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to CONSULTANT’s obligations pursuant to this Agreement.

CONSULTANT agrees to cooperate fully with CITY and to provide any necessary and appropriate information requested by CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning CONSULTANT’s obligations pursuant to this Agreement.

CONSULTANT may not employ any CITY official, officer or employee in the performance of the Services, nor may any official, officer or employee of CITY have any financial interest in this Agreement that would violate California Government Code §1090 et seq. CONSULTANT hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of CITY. If CONSULTANT was an employee, agent, appointee, or official of CITY in the previous twelve months, CONSULTANT warrants that it did not participate in any manner in the forming of this Agreement. CONSULTANT understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for CONSULTANT’s performance of the Services, including reimbursement of expenses, and CONSULTANT will be required to reimburse CITY for any sums paid to CONSULTANT under this Agreement. CONSULTANT understands that, in addition to the foregoing, penalties for violating Government Code §1090 may include criminal prosecution and disqualification from holding public office in the State of California.

Any violation by CONSULTANT of the requirements of this provision will constitute a material breach of this Agreement, and the CITY reserves all its rights and remedies at law and equity concerning any such violations.

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Packet Pg. 302 Attachment: Original Agreement - Rincon Consultants Inc. (5238 : Rincon First Amendment to Agreement)

6.2. Subcontracting. CONSULTANT may subcontract portions of the Services upon the prior written approval of CITY. CONSULTANT will be solely responsible for payment of such subcontract Services. No contractual relationship will exist between any such subcontractors of CONSULTANT and CITY. CONSULTANT’s subcontractors agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under the Agreement. CONSULTANT’s subcontractors further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any subsubcontractor to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the CITY indemnity and insurance provisions will be furnished to CONSULTANT’s subcontractors upon request.

6.3. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.

6.4. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section

7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.

6.5. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.

6.6. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.

6.7. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in San Mateo County, California.

6.8. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.

6.9. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.

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Packet Pg. 303 Attachment: Original Agreement - Rincon Consultants Inc. (5238 : Rincon First Amendment to Agreement)

6.10. Attorney’s Fees. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.

6.11. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.

6.12. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.

6.13. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY. CITY shall be an express third-party beneficiary of all contracts between CONSULTANT and any subcontractors or subconsultants in connection with any services performed in connection with, or in furtherance of, this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.

CITY OF PACIFICA
By: Date ____
Kevin Woodhouse, City Manager
CONSULTANT: Rincon Consultants, Inc.

By: Date
Abe Leider, Principal Planner
Attest:

By: ___________________________EX
Sarah Coffey, City Clerk
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney

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Packet Pg. 304 Attachment: Original Agreement - Rincon Consultants Inc. (5238 : Rincon First Amendment to Agreement)

EXHIBIT A

TASK ORDER

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Packet Pg. 305 Attachment: Original Agreement - Rincon Consultants Inc. (5238 : Rincon First Amendment to Agreement)

EXAMPLE OF
TASK ORDER NO. ________

CITY OF PACIFICA
AND __________________________ SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct _______________ to proceed with the work specified in SECTION 2 below, in accordance with the provisions of the Master Agreement for Consultant Services between the City of Pacifica (“CITY”) and _______________ (“CONSULTANT”) hereto dated ________________ (“MASTER AGREEMENT”)
SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Attachment “A” – Scope of Services, which is attached hereto and incorporated by this reference.

SECTION 3 – COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT. Compensation for services as set forth in SECTION 2 shall be as set forth in Attachment “B” – Compensation, which is attached hereto and incorporated by this reference. Total compensation for all services provided under this Task Order shall not exceed ____________________ ($____________) (“Cost Ceiling”).

SECTION 4 – TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed by _________________ or as extended in writing by the City Manager.

SECTION 5 – ITEMS AND CONDITIONS
All terms and conditions contained in the MASTER AGREEMENT are incorporated by reference and remain in full force and effect.

Approved this _______ day of _____, _______.
[Signatures on Next Page]

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Packet Pg. 306 Attachment: Original Agreement - Rincon Consultants Inc. (5238 : Rincon First Amendment to Agreement)

CITY OF PACIFICA
By: Date
___________, City Manager
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney
CONSULTANT _______________________________ By: Date
By: Date

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Packet Pg. 307 Attachment: Original Agreement - Rincon Consultants Inc. (5238 : Rincon First Amendment to Agreement) ATTACHMENT “A”

SCOPE OF SERVICES

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Packet Pg. 308 Attachment: Original Agreement - Rincon Consultants Inc. (5238 : Rincon First Amendment to Agreement) ATTACHMENT “B”

COMPENSATION

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Packet Pg. 309 Attachment: Original Agreement - Rincon Consultants Inc. (5238 : Rincon First Amendment to Agreement)

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Packet Pg. 310 Attachment: Original Agreement - Rincon Consultants Inc. (5238 : Rincon First Amendment to Agreement)

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Packet Pg. 311 Attachment: Original Agreement - Rincon Consultants Inc. (5238 : Rincon First Amendment to Agreement)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/9/2023
1 SUBJECT:

Authorize the Mayor to Sign a Letter Urging State Legislators to Amend AB 2449 RECOMMENDED ACTION:

Authorize the Mayor, on behalf of the City Council, to sign on to the enclosed letter from the City of San Carlos, urging State legislators to amend AB 2449.

STAFF CONTACT:

Kevin Woodhouse, City Manager
(650) 738-7409
[email protected]
BACKGROUND/DISCUSSION:

The Ralph M. Brown Act ("Brown Act") is a California law that guarantees the public's right to attend and participate in meetings of local legislative bodies. Located at California Government Code 54950 et seq., it is an act of the California State Legislature, authored by Assemblymember Ralph M. Brown and passed in 1953.

The Brown Act allows a city council to use any type of teleconferencing in connection with any meeting. "Teleconference" is defined as "a meeting of individuals in different locations, connected by electronic means, through either audio or video, or both." While it allows for teleconferencing, the Brown Act imposes certain restrictions and requirements around what constitutes a quorum, posting agendas, noticing of teleconference locations, and public access.

In March 2020, Governor Newsom proclaimed a state of emergency in response to the outbreak of the novel coronavirus (COVID-19) and issued Executive Order N-29-20 easing certain Brown Act restrictions. In September 2021, Governor Newsom approved AB 361 to "improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options." On October 17, 2022, Governor Newsom announced that the COVID-19 State of Emergency will end on February 28, 2023, effectively ending AB 361 's term. However, AB 2449, signed into law on September 13, 2022, took effect on January 1, 2023.

The City of San Carlos, together with legislative consultants, is working to build a coalition of local and regional agencies who support the position that AB 2449 poses arbitrary and unnecessary burdens on local legislators with respect to quorum requirements, just cause and emergency circumstances, limits on the number of remote meetings allowed, and other considerations as discussed further below and in the attached documents. The City of San Carlos is encouraging other cities to sign on to their letter, and has therefore provided the following documents to help other City Council's in their consideration of the issue: 1) Memo summarizing the new requirements associated with AB 2449 (Attachment A); 2) Table summarizing the key differences among traditional Brown Act teleconferencing rules, AB 361, 16 Packet Pg. 312
Pacifica City Council 2
January 09, 2023
and AB 2449 (Attachment B).

Relaxing the Brown Act's teleconferencing requirements during the COVID-19 pandemic yielded numerous benefits. Local governments and regional decision-making boards were able to continue operating, unfettered, while protecting the health and safety of civil servants and the public. Many noted that public participation in meetings seemed to increase, as individuals were able to attend remotely from the safety and comfort their homes or work. In the past, vacations, sick time, or travel related to personal occupations may have prohibited participation in public meetings. During the pandemic, however, individuals could participate in public meetings regardless. Councilmembers who participate in dozens of regional decision-making bodies were able to call into meetings, effectively reducing single occupancy vehicle trips and reducing greenhouse gas emissions.

The new teleconferencing requirements imposed by AB 2449 would negate some of these benefits and pose new issues. AB 2449's quorum requirement, "just cause" and "emergency circumstances" requirements, and limitation on the number of remote meetings members may attend are unnecessarily restrictive. For example, AB 2449 requires a quorum of the legislative body from a single physical location open to the public, before invoking the "just cause" and "emergency circumstances" requirements. A quorum at a single physical location for regional boards and committees seems arbitrary and particularly burdensome when members of these bodies are comprised of a geographically diverse membership of dozens of various cities and counties.

Local city councils and their standing committees are often comprised of individuals with fulltime occupations. AB 2449's "just cause" requirement unfairly prioritizes travel while on business of the legislative body or another state or local agency, but not travel related to an individual's occupation. This raises an equity concern that participation in local and regional government would be limited to officials at a certain socioeconomic level. "Just cause" is not a requirement under traditional Brown Act rules.

Furthermore, AB 2449 limits the number of meetings that may be attended remotely. This seems arbitrary. Local jurisdictions and their constituents are best suited to decide whether to host in-person or virtual meetings and to decide the limitations of those meetings.

In addition, there are privacy concerns related to the requirement to disclose the identity of any individual over the age of 18 and the webcasting technology requirement is not feasible for regional boards who meet in various meeting rooms not equipped with this technology.

The new restrictions on remote meetings posed by AB 2449 are unnecessarily arbitrary and burdensome. These concerns are summarized in the sample letter to State legislators in Attachment C.

FISCAL IMPACT:

None.

ORIGINATED BY:

City Manager's Office
ATTACHMENT LIST:

AttA-AB 2449 Memo-City of San Carlos City Attorney's Office (PDF) 16 Packet Pg. 313
Pacifica City Council 3
January 09, 2023
AttB-AB 2449 & AB 361 Comparison Chart-City of San Carlos City Attorney's Office (PDF) AttC-AB 2449 Letter to Assemblymember B. Rubio (PDF)
16 Packet Pg. 314
Attachment A

16.a
Packet Pg. 315 Attachment: AttA-AB 2449 Memo-City of San Carlos City Attorney's Office (5239 : Authorize Mayor to Sign Letter Urging Amendments to AB

16.a
Packet Pg. 316 Attachment: AttA-AB 2449 Memo-City of San Carlos City Attorney's Office (5239 : Authorize Mayor to Sign Letter Urging Amendments to AB T bl K a e: ey D"ff 1 erences A mong B rown At C TI e econ f erencmg RI u es Brown Act Teleconferencing Traditional AB361 AB 2449
Rules
Sept 16, 2021 - Jan 1, 2023-
Jan 1, 2024 Jan 1, 2026

1. State of Emergency must be in N/A Required Waived
effect? Per Governor Newsom,
state of emergency ceases
February 28, 2023.

2. Post agendas at all Required Waived Waived
teleconference locations?

3. Each teleconference location is Required Waived Waived identified and accessible by the
public?

4. Quorum of legislative body at Required Waived Required single location within jurisdiction
boundaries

5. Must demonstrate Just Cause N/A N/A Required
(pre-approved) or Emergency
Circumstances (voted on by
agency prior to participation)

6. Limited to 20 percent of the N/A N/A Required
regular meetings for the local
agency within a calendar year,
or more than two meetings if
the legislative body regularly
meets fewer than 10 times per
calendar year

7. Requires agency to use full N/A N/A Required
video conferencing or
webcasting of meetings if
members are going to be
remote

8. Requires remote members to N/A N/A Required
use audio and video and to
disclose whether individuals
over the age of 18 is present
with them at the remote location
Attachment B

16.b
Packet Pg. 317 Attachment: AttB-AB 2449 & AB 361 Comparison Chart-City of San Carlos City Attorney's Office (5239 : Authorize Mayor to Sign Letter Urging Dear Assemblymember Rubio:

Thank you for your leadership in the State Assembly on critical issues ranging from pre-school education and safe drinking water, to continuous medical care for children under the age of five and transparency and flexibility in public meetings. We appreciate your inclusive approach to addressing the needs of all Californians and empowering communities to come together to create positive change for all.

We are writing to request that Assembly Bill (“AB”) 2449 be amended to allow city councils, their standing committees, and regional boards more flexibility to establish their own teleconference requirements related to quorums, just cause and emergency requirements, and limitations on the number of remote meetings members may attend.

In March 2020, the Governor issued Executive Order N-29-20, giving local agencies more flexibility to deploy teleconferencing, and it was a monumental success. It protected the health and safety of civil servants and the public, while effectively and efficiently conducting the public’s business.

Teleconferencing during the pandemic increased public participation, reduced single occupancy vehicle trips and travel costs, and decreased greenhouse gas (GHG) emissions.

We believe there are several unintended consequences of AB 2449 and respectfully request that the following requirements be considered for amendment:

1. Just cause travel. Local city councils and their standing committees are often comprised of individuals with full-time occupations. AB 2449’s “just cause” requirement unfairly allows travel while on business “of the legislative body or another state or local agency,” but not travel related to an individual’s occupation. This raises an equity concern that participation in local and regional government would be limited to officials at a certain socioeconomic level. Travel for a member’s occupation should be allowed under “just cause.”

2. Cap on number of remote meetings allowed. The limitation on the number of meetings that may be attended remotely appears arbitrary. The State could consider mandating a “floor” for in-person meetings, i.e. at least two meetings per year must be in person, and allow regional boards and standing committees maximum flexibility in determining the “ceiling” or “cap” on the number of remote meetings permissible. To contrast, local officials serve in the communities in which they live and the return to in-person meetings for local jurisdictions is not an issue. Nonetheless, local jurisdictions and their constituents are best suited to decide whether to host in-person or virtual meetings and to decide the limitations of those meetings.

3. Quorum. Requiring a quorum at a single physical location for regional boards and their subcommittees, and mandating that members of these bodies travel long distances to attend in-person meetings, contradicts the State’s efforts to curb GHG emissions and seems arbitrary and particularly burdensome when regional boards are comprised of a geographically diverse membership of cities and counties. Regional boards, as well as standing committees of a city council should be allowed to stay 100% remote, with the option of deciding as a body, how many meetings should be attended in-person versus remote.

Attachment C

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Packet Pg. 318 Attachment: AttC-AB 2449 Letter to Assemblymember B. Rubio (5239 : Authorize Mayor to Sign Letter Urging Amendments to AB 2449)

4. Webcasting technology. Unlike local city councils, regional boards meet in a variety of locations that often are not equipped with webcasting technology to enable hybrid meetings. Under AB 2449 regional boards will need to pivot from online meetings to inperson meetings.

5. Disclosure. The requirement to publicly disclose any individual in the room over the age of 18 is a privacy violation. For example, if a member is under the care of an at-home nurse, this should not need to be shared publicly.

We have serious concerns regarding AB 2449’s measures to limit remote teleconferencing to a handful of emergency or restrictive just cause approvals. Without amendment, these measures will result in unnecessarily long travel times to meetings, suppressed attendance, and difficulty reaching quorum, which will in turn negatively impact the governing body’s productive work.

We respectfully request that AB 2449 be amended to provide more flexibility to regional agencies and local governing bodies. The Brown Act ensures that officials and their constituents can have open and transparent meetings, which we now know can occur using modern technology. As representatives of local governments and regional boards, we believe in the benefit of increased access in our communities. We look forward to collaborating with you to promote greater flexibility and participation in the decision making process by incorporating the changes we have proposed. Thank you for your time and consideration of this important matter that impacts all of us.

Sincerely,
Adam Rak, Mayor, City of San Carlos
Sara McDowell, Councilmember, City of San Carlos
cc: Senator Josh Becker
Assemblymember Diane Papan

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Packet Pg. 319 Attachment: AttC-AB 2449 Letter to Assemblymember B. Rubio (5239 : Authorize Mayor to Sign Letter Urging Amendments to AB 2449)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/9/2023
1 SUBJECT:
2023 City Council Liaison and Committee Assignments
RECOMMENDED ACTION:

Review the list of City Council Liaison and Committee Assignments, make any modifications for the calendar year 2023, and approve the final list.

STAFF CONTACT:

Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:

Each year the City Council determines which of its members will represent the City in relation to a variety of regional agencies, Joint Powers Authorities, boards, committees, commissions and community organizations. In some cases, the assigned Council member is a voting member of the body; in others, they serve as a liaison between the designated group and the City. In all cases, the Council member acts on behalf of the full Council and represents a majority viewpoint on matters that directly affect the City of Pacifica. Council members serving as representatives to these groups report back on activities during regularly scheduled Council meetings.

The assignments are typically reviewed and updated in January of each year to reflect changes associated with Council reorganization conducted in the previous December. Attachment A shows the 2022 City Council Liaison and Committee Assignments for Council to review, discuss and modify for the calendar year 2023. The list includes a column to indicate the Council liaison’s role on the specified body / committee, indicating whether the role is as a voting member, a liaison to observe and/or provide information in an advisory capacity from the City, or as a Council liaison to a City Committee or Commission. Attachment B includes additional meeting information, descriptions of each committee and weblinks for additional information on each body where applicable for outside agencies.

Please note that some committees have alternates while others do not. The ultimate decision on all assignments (except those made by C/CAG or other legislative bodies / agencies as noted) is at the Council's discretion. In some instances, there are two Council representatives appointed as liaisons to a City committee or commission; in those cases, an alternate may not be appointed to remain in compliance with California’s Ralph M. Brown Act. The Council may choose to appoint one primary representative as the liaison and one alternate to a City committee or commission where the decision is at the Council’s discretion.

Attachment A also includes, for informational purposes, Ad Hoc City Council Subcommittee assignments for those that are currently active. At times, the Council may form and appoint two members (less than a quorum of members) to ad hoc City Council subcommittees to meet, as needed, charged with accomplishing a specific task in a limited and definite period of time on an 17 Packet Pg. 320
Pacifica City Council 2
January 09, 2023
informal and temporary basis without a regularly scheduled meeting date/time. For example, the 2023 Pride Planning Ad Hoc Subcommittee was discussed at the December 12, 2022 regular City Council meeting, at which Councilmembers Bier and Beckmeyer were appointed to meet and work with Coast Pride in planning the 2023 Pacifica Pride celebration in June of 2023.

The need for the ad hoc subcommittee will be concluded in the summer of 2023 after the Pride event has taken place and the ad hoc members have had a chance to debrief following the event. Such Ad Hoc Subcommittees are exempt from the provisions of California’s Ralph M.

Brown Act.

At this time, the City Council may discuss and consider additional liaison assignments to include in the list for 2023. For example, Mayor Bigstyck proposed to discuss designating a City Council representative to attend and observe regular meetings of the North Coast County Water District (NCCWD) Board of Directors for informational purposes. The North Coast County Water District Board Meetings are scheduled for the third Wednesday of each month at 7:00 P.M. This assignment would carry no official role on the NCCWD Board, no voting and no advisory capacity.

Council is asked to discuss and determine the liaison assignments for 2023.

FISCAL IMPACT:

None.

ORIGINATED BY:

City Clerk
ATTACHMENT LIST:

Attachment A: 2022 Council Liaison Assignments (PDF)
Attachment B: Committee Descriptions (PDF)
17 Packet Pg. 321
AGENCY Council Representative(s) Council Alternate Role Meeting information Weblink ABAG General Assembly Delegate BIGSTYCK BECKMEYER Voting Delegate late May / early June annual meetings; 9am- 3pm https://abag.ca.gov/meetings Airport Community Roundtable O'NEILL VATERLAUS Voting Member 1st Wednesday 7:30pm, Millbrae Chetcuti Center https://sforoundtable.org/ C/CAG Representative VATERLAUS BECKMEYER Voting Member 2nd Thursday, 6:30 pm SMC Transit District www.ccag.ca.govColma Creek Flood Control Citizens Advisory Committee VATERLAUS O'NEILL Voting Member 2nd Tuesday of the Month (Quarterly) 3pm - 5pmSouth San Francisco Corp Yard Conf. Room https://www.smc-connect.org/locations/colma-creek-floodcontrol-zone-advisory-committee-of-san-mateo-county Emergency Services Council SMC VATERLAUS BIGSTYCK Voting Member 3 times yearly; Jan., May, Sept. 5:30 p.m. https://www.smcgov.org/ceo/emergency-management- governanceFog Fest Committee Liaison VATERLAUS O'NEILL City Liaison As announced https://pacificcoastfogfest.com/about-us/ Housing Endowment and Regional Trust (HEART) - Member Agency Committee (MAC) BIER VATERLAUS Voting Member 1-2 Times a year for budget review https://www.heartofsmc.org/Housing Our People Effectively (HOPE) - Inter Agency Council (IAC) BIER VATERLAUS Voting Member Qtrly 10a.m. - 400 Harbor Blvd. Bldg. B, Belmont2022 Mtg Dates: Feb. 9, May 11, Aug. 10, Nov 9 (10am - 12pm) https://www.smcgov.org/hsa/san-mateo-county-hopeinteragency-council Joint School Dist./Water Dist./City Articulation Committee BIER & O'NEILL City Liaison As announced - typically Thurs. 5pm (quarterly)North County Fire Authority JPA BIGSTYCK & O'NEILL Voting Member As announced (annually in May) https://northcountyfire.org/Pacifica Community Television O'NEILL VATERLAUS Voting Member 3rd Thurs 7:30pm Council Chambers http://pacificcoast.tv/Pacific Beach Coalition BIER BIGSTYCK City Liaison (Non- Voting) 2nd Tuesday 6:00 p.m. Pacifica Library https://www.pacificbeachcoalition.org/Pacifica Resource Center BIGSTYCK BIER City Liaison (Non- Voting) Pacifica Resource Center, Palmetto Ave. https://www.pacresourcecenter.org/ Pacifica School Volunteers BIER BECKMEYER Voting Member Meets Quarterly - Linda Mar Education Center http://psv.sanmateo.org/ Peninsula Clean Energy JPA BIGSTYCK BIER Voting Member
4th Thurs 6:30 pm SMC Office of Education, 101 Twin Dolphin Drive, Redwood City, CA 94065 https://www.peninsulacleanenergy.com/
Peninsula Congestion Relief Alliance (Commute.org) O'NEILL VATERLAUS Voting Member As Announced - quarterly 8am https://commute.org/SMC JPA Advanced Life Support / Pre-Hospital Emergency BECKMEYER O'NEILL Voting Member Meets Quarterly(2022 mtg dates: Jan 2022 mtg cancelled; Wed. 5/18 at 6:30pm; Wed. 9/21 at 6:30pm) SMC Library JPA O'NEILL BIGSTYCK Voting Member
1st Mon. in Feb., May, June, Sept., Nov.; 8:15am - Library Administration, 125 Lessingia Court, San Mateo https://smcl.org/jpa-governing-board/
* Local Agency Formation Commission (LAFCO) O'NEILL NONE Voting Member 3rd Wednesday odd # months, Redwood City https://www.smcgov.org/lafco* C/CAG Bicycle and Pedestrian Advisory Committee BIER Voting Member 4th Thurs. Alternate Months (Jan,Mar,May,Jul,Sept,Oct) 7pm www.ccag.ca.gov 2022 City Council Liaison and Committee Assignments

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Attachment: Attachment A: 2022 Council Liaison Assignments (5242 : 2023 City Council Liaison and AGENCY Council Representative(s) Council Alternate Role Meeting information Weblink * C/CAG Congestion Management O'NEILL Voting Member Monthly (Monday) 3pm www.ccag.ca.gov* C/CAG Legislative Committee VATERLAUS Voting Member 2nd Thursday of the month www.ccag.ca.gov* C/CAG Resource Management & Climate Protection Committee (RMCP) BECKMEYER Voting Member 3rd Wednesday of the month (as needed) at 3:00 p.m., San Mateo at 155 Bovet Rd. or Redwood City at County Center www.ccag.ca.gov
*LCC Coastal Cities Group (CCG) Leadership Committee (through 12/31/2022) BECKMEYER Voting Member As announced https://www.calcities.org/get-involved/coastal-cities-groupThe Coastal Cities Group Leadership Committee consists of one elected official and their respective city manager, or their staff designee, from each of the six regions within the coastal zone. Sue Beckmeyer is the 2022 Vice Chair and represents North Central Coast region. Terms run annually and expire Dec. 31. Applications / selections occur annually. *San Mateo County COVID Recovery Council VATERLAUS Advisory Member (County appointed) Monthly Formed in response to COVID-19 response and recovery efforts. County appointed representatives.CITY OF PACIFICA COMMITTEES / COMMISSIONS:Beautification Advisory Committee BECKMEYER BIER Council Liaison to City Committee 1st Wednesday 6:30pm Location TBD – refer to Mtg Agendas https://www.cityofpacifica.org/government/commissions- committeesEconomic Development Committee BECKMEYER & BIER Council Liaison to City Committee 2nd Tues., 6pm at Pacifica Police Department EOC https://www.cityofpacifica.org/government/commissions- committees Emergency Preparedness & Safety Comm. BIGSTYCK O'NEILL Council Liaison to City Committee 3rd Wednesday 6:30pm Pacifica Police Station https://www.cityofpacifica.org/government/commissions- committees Library Advisory Committee BECKMEYER & BIGSTYCK Council Liaison to City Committee 2nd Wednesday 6:30 p.m. Pacifica Library https://www.cityofpacifica.org/government/commissions- committeesOpen Space Parkland Advisory Committee BIER BECKMEYER Council Liaison to City Committee 3rd Wednesday 6 p.m. Location TBD – refer to Mtg Agendas https://www.cityofpacifica.org/government/commissions- committeesCity Council Ad Hoc Subcommittees:2023 Pride Planning Ad Hoc Subcommittee BIER & BECKMEYER N/A formed 12/12/2022; anticipated to be active through summer 2023Council Chambers Renovations Ad Hoc Subcommittee (informal) BIER & BECKMEYER N/A appointed at 3/14/2022 Council mtg; anticipated to be active through Spring 2023City Council Rules & Ethics Update Ad Hoc Council Subcommittee BIGSTYCK & O'NEILL N/A formed 1/5/2022; concluded - will close out subcommittee upon adoption of revised City Council Rules & Code of Ethics anticipated 1/23/2023 Abbreviations:

LCC: League of California Cities SMC: San Mateo CountyJPA: Joint Powers Authority * Representative selected by listed Agency not City CouncilABAG: Association of Bay Area GovernmentsC/CAG: City and County Association of Governments

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Packet Pg. 323
Attachment: Attachment A: 2022 Council Liaison Assignments (5242 : 2023 City Council Liaison and Objectives / Weblink
https://abag.ca.gov/meetings
ABAG is a voluntary membership and advisory organization with limited statutory authority. An elected official from each of the nine counties and 101 member cities and towns serves as a delegate to its General Assembly, which determines policy annually, adopts the annual budget and work program, and reviews the policy actions of ABAG's Executive Board. ABAG convenes its General Assembly once every year in April. Conference attendees include Bay Area elected officials, civic and business leaders, and researchers from leading academic institutions to identify and address land use planning, sustainability, and other policy issues that impact the entire region.which encourages local businesses to adopt sustainable methods to conserve resources. https://sforoundtable.org/
A committee of elected officials that addresses community noise impacts from aircraft operations at San Francisco International Airport (SFO.)
City of Pacifica Committee
Engages public and civic groups to assist with city-owned sites in need of 'beautification', solicits sponsors for "Adopt a Median Strip" projects and implements annual 'Mayor's Beautification Awards Program' 2nd Thursday, 6:30 pm
SMC Transit District
www.ccag.ca.gov
City/County Association of Governments of San Mateo County works on issues that affect the quality of life in general; transportation, air quality, stormwater runoff, airport/land use compatibility planning, hazardous waste, climate planning, energy and water resource strategies, and solid waste and recycling.

The Colma Creek Flood Control Zone was created in 1964 to construct flood control facilities in Colma Creek to alleviate flooding in the City of South San Francisco. The nine members appointed by the Board of Supervisors, after nomination by the city councils of the Flood Control Zone, are required to be property owners within the zone (one each must be from the cities of South San Francisco, Daly City, San Bruno, Colma and Pacifica).

City of Pacifica Committee
The EDC seeks to support the development of current local businesses and their interface with the City of Pacifica, improve aging business districts, and bring new businesses to Pacifica.

City of Pacifica Commission
The Emergency Preparedness & Safety Commission recommends and advises the city council on programs and activities related to emergency preparedness as well as sits as the appellate body for appeals relating to abandoned/ inoperable vehicles, vehicles parked 72 hours or more and appeals of staff decisions relating to traffic safety issues.
http://hsd.smcsheriff.com/emergency-services-council
The Emergency Services Councils collective goal is to provide coordinated plans for the protection of persons and property based on the five phases of emergency management, prevention, protection, response, recovery and mitigation; and support existing regional Public Information and Notification systems to include SMC Alert and TENS, as well as other Situational Awareness Tools; and, to continue to support the regional hazardous materials emergency response program.
https://pacificcoastfogfest.com/about-us/
Assists with the coordination of the Fog Fest Organizing Group (FFOG) in the months preceding the late September street fair on Palmetto.
https://www.heartofsmc.org/
HEART is a Joint Powers Authority of all cities in the County that holds a housing trust fund to finance the construction and rehabilitation of homes affordable to our middle– and low–income workforce, as well as our seniors and other fixed-income residents.

Agencies such as HIP Housing, Health and Human Services Agency meet and share information about community efforts to prevent and end homelessness, workforce housing projects, shared informaon about upcoming events and shared ideas to address common challenges investigating and planning strategic opportunities for shared services and evaluating ways in which we can find efficiencies and cost savings among each agency.
https://www.smcgov.org/hsa/san-mateo-county-hope-interagency-council The HOPE Interagency Council meets regularly to share information about community efforts to prevent and end homelessness.

Meeting to collaborate on information / issues that impact the City , Pacifica School District, Jefferson Union High School District and North Coast County Water Distict City of Pacifica Committee
Serves an advisory capacity to City staff on the New Pacifica Library project https://northcountyfire.org/
This Authority serves Brisbane, Daly City and Pacifica providing cost-effective and efficient delivery of emergency and non-emergency services to the member and contract communities with potential for cooperative agreements with other agencies.

City of Pacifica Committee
The primary objectives of the committee are to make recommendations to the City Council on 1) the policy and procedures of the National Park Service as they relate to areas of the GGNRA within the City of Pacifica and adjacent communities, 2) issues surrounding the transfer of ownership of Cattle Hill and the Pedro Point Headlands to the NPS, 3) access and operation of the San Mateo County Parks in the City of Pacifica including San Pedro Valley County Park and the Devil's Slide Trail County Park, and 4) ways in which these areas can contribute to the economy of the City.
2022 City Council Liaison and Committee Descriptions and Meeting Information Economic Development Committee 2nd Tuesday, 6pm at various locations Emergency Preparedness & Safety
Commission
3rd Wednesday 6:30 pm
Pacifica Police Station
Fog Fest Committee Liaison As announced
*Housing Endowment and Regional
Trust (HEART) - Member Agency
Committee (MAC)
1-2 Times a year for budget review
Housing Our People Effectively (HOPE)
- Inter Agency Council (IAC)
Quarterly 9am - 400 Harbor Blvd.

Bldg. #3, Belmont
Open Space Parkland Advisory
Committee
3rd Wednesday 6 pm
Pacifica Police Station / EOC
Joint School District / Water District /
City Articulation Committee As announced
ABAG General Assembly Delegate April, November meetings; 9am - 3pm Emergency Services Council San
Mateo County
3 times yearly; Jan., May, Sept.
5:30 pm
Airport Community Roundtable 1st Wednesday 7:30 pm
various locations
Beautification Advisory Committee 1st Wednesday 6:30pm
PB&R Conf. Rm.

Colma Creek Flood Control
2nd Tuesday of the Month (Quarterly)
3:00 PM - 5:00 PM
City of South San Francisco Corporation
Yard Conference Room
(2022 Mtg Dates: March 8, June 14,
Sept. 13, Dec. 13)
C/CAG Representative
Library Advisory Committee 2nd Wednesday 6:30 pm
Pacifica Library Branches
North County Fire Authority JPA As announced
AGENCY Meeting information

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Packet Pg. 324 Attachment: Attachment B: Committee Descriptions (5242 : 2023 City Council Liaison and Committee Assignments) AGENCY Meeting information Objectives / Weblink
http://pacificcoast.tv/
Pacific Coast TV’s mission is to ensure access to electronic media by promoting effective community uses media. An informed and interconnected community is a healthy community. PCTV televises and provides video recordings of Pacifica City Council, Planning Commission and other City meetings upon request. 2nd Tuesday 6:00 pm
Pacifica Library
https://www.pacificbeachcoalition.org/
The Pacifica Beach Coalition is dedicated to preserving the ocean, coastal habitat and wildlife, and ending litter, through advocacy, education, community building, and citizen action. https://www.pacresourcecenter.org/
PRC's mission is to support the economic security of Pacifica families and individuals by providing a safety net of food, housing assistance, and other critical services, including coaching, advocacy, information, and referral. http://psv.sanmateo.org/
Pacifica School Volunteers (PSV) is a registered 501(c) educational non-profit organization devoted to recruiting, training, and placing adult and high-school volunteers in Pacifica’s public schools in order to help with literacy, math and a host of other subject areas to support and nurture a love of learning in Pacifica’s public schools https://www.peninsulacleanenergy.com/
Provision of electricity generation from renewable resources such as solar and wind for the County of San Mateo and its 20 incorporated cities
https://commute.org/
Commute.org (formally the Peninsula Traffic Congestion Relief Alliance) is a public joint powers agency that manages transportation demand in San Mateo County, California, United States. It operates a shuttle bus network that supplements SamTrans's fixed-route and shuttle system. The agency is funded and maintained by various local governments and private businesses within the county.

JPA is made up of Cities of Brisbane, Burlingame, Daly City, Foster City, Millbrae, Pacifica, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, Belmont Fire Protection District, Coastside Fire Protection District, Colma Fire Protection District, County of San Mateo, Menlo Park Fire Protection District, and Woodside Fire Protection District to provide advanced life support services with American Medical Response West (AMR), paramedic services and pre-hospital medical services
https://smcl.org/jpa-governing-board/
Operation of library services for each member agency, including physical and digital collections, free internet access, access to public computers, hosting of cultural events, outreach services, bookmobile, and special programs. (Each member agency maintains its own library facilities.) https://www.smcgov.org/lafco
San Mateo Local Agency Formation Commission (LAFCo) is an independent commission with jurisdiction over the boundaries of the 20 cities, 22 independent special districts, and many of the 33 active county-governed special districts serving San Mateo County. State-mandated, independent agency with countywide jurisdiction over changes in organization and boundaries of cities and special districts including annexations, detachments, incorporations and formations.
www.ccag.ca.gov
The Bicycle and Pedestrian Advisory Committee (BPAC) provides advice and recommendations to the C/CAG Board of Directors on matters relating to bicycle and pedestrian improvement projects. The BPAC advises the C/CAG Board on priority projects for funding through the Transportation Development Act Article 3 grant program and the One Bay Area Grant program.
www.ccag.ca.gov
The Congestion Management and Environmental Quality Committee (CMEQ) provides advice and recommendations to the C/CAG Board of Directors on all matters relating to traffic congestion management, travel demand management, coordination of land use and transportation planning, mobile source air quality programs, energy resources and conservation, and other environmental issues facing the local jurisdictions in San Mateo County. Composed of 9 elected seats, plus one seat each from the following: business community; environmental community; agencies with transportation interests; SamTrans; Caltrain; Metropolitan Transportation Commission; and one general public member. www.ccag.ca.gov
The Legislative Committee provides advice and recommendations to the full C/CAG Board on all matters dealing with State legislation, ballot measures, and positions to take on specific bills. During the active legislative year (January through August) the Committee monitors bills of potential interest to C/CAG member agencies and selects those to be tracked. The Committee then recommends positions on bills for consideration by the full C/CAG Board and acts as the liaison with C/CAG’s legislative advocating firm.

Pacifica Beach Coalition
*C/CAG Congestion Management Meets on last Monday of each month 3:00 PM - 5:00 PM
Peninsula Clean Energy JPA
4th Thursday 6:30 pm SMC Office of
Education, 101 Twin Dolphin Drive,
Redwood City
Pacifica Resource Center
1st Monday in Feb., May, June, Sept.,
Nov.

Pacifica Resource Center
Palmetto Ave.

Pacifica School Volunteers Meets Quarterly -
Linda Mar Education Center
*C/CAG Bicycle & Pedestrian Advisory
Committee
4th Thursday of the month 7:00 PM
San Mateo City Hall
*C/CAG Legislative Committee
2nd Thursday of the month
5:30 PM
San Mateo County Transit District, San
Carlos
*Local Agency Formation Commission
(LAFCO)
3rd Wednesday, odd # months,
Redwood City
Peninsula Congestion Relief Alliance
(Commute.Org) As Announced
SMC JPA Advanced Life Support Meets Quarterly
SMC Library JPA
Pacifica Community Television 3rd Thursday 7:30 pm
Council Chambers

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Packet Pg. 325 Attachment: Attachment B: Committee Descriptions (5242 : 2023 City Council Liaison and Committee Assignments) AGENCY Meeting information Objectives / Weblink
https://www.calcities.org/get-involved/coastal-cities-group The CCG Leadership Committee consists of one elected official and their respective city manager, or their staff designee, from each of the six regions within the coastal zone. The CCG was created by the Cal Cities Board of Directors in November 2006 as a forum for cities within the coastal zone to discuss coastal issues and build a relationship with the California Coastal Commission. To assist the Chair with fulfilling the goals of coastal cities, the Board created a leadership committee structure consisting of representatives from all over the state.

Leadership Committee members, and their staff designees, help facilitate the operations of the CCG, play a key role in its activities, including building relationships with Coastal Commissioners and staff. CCG Leadership Committee Terms run annually and expire Dec. 31. Applications / selections occur annually *Representative selected by listed
Agency not City Council
*LCC Coastal Cities Group (CCG)
Leadership Committee As announced
SMC: San Mateo County
Abbreviations:

ABAG: Association of Bay Area
Governments
C/CAG: City and County Association of
Governments
JPA: Joint Powers Authority
LCC: League of California Cities

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Packet Pg. 326 Attachment: Attachment B: Committee Descriptions (5242 : 2023 City Council Liaison and Committee Assignments)

Pacifica City CouncilJanuary 9, 2023

Pacifica City Council
January 9, 2023