Agenda packet — Pinole City Council, June 18, 2024 (part 2 of 5)

voted unanimously in favor of conducting the first reading of the proposed ordinance attached as Attachment A with direction on a few proposed edits. The proposed changes are reflected as track changes in the attached ordinance and include eliminating the window of time for imposition of an overstay fee, and clarification the charging fees can be adjusted to account for changes in PG&E rates.

Adopting an ordinance for EV charging fees will enable the City of Pinole to manage and optimize the use of EV charging infrastructure, support the transition to sustainable transportation, and achieve various economic, environmental, and social objectives.

The proposed fee structure will be communicated to the public through various channels, including the City's website, social media platforms, and signage at charging stations. Users will be able to pay for charging sessions either through a mobile app, or by credit/debit card, providing convenience and accessibility. If approved on second reading, the ordinance will go into effect in thirty (30) days.

FISCAL IMPACT
Adoption of this ordinance will help the City generate revenue to offset the costs of maintaining the EV charging infrastructure, thus making this infrastructure expansion financially sustainable.

ATTACHMENTS
A. Revised Electric Vehivle Charging Station Ordinance

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AN ORDINANCE OF THE CITY OF PINOLE ADDING CHAPTER 10.80, EV

CHARGING STATIONS, TO THE PINOLE MUNICIPAL CODE TO ESTABLISH

RESTRICTIONS FOR CITY-OWNED ELECTRIC VEHICLE PARKING SPACES, TO

ESTABLISH A SCHEDULE OF RATES FOR ELECTRIC VEHICLE CHARGING

STATIONS, AND TO AUTHORIZE THE CITY MANAGER TO ADJUST THE RATES TO RECOVER CITY’S COST
WHEREAS, the City of Pinole has installed an electric vehicle (EV) charging station at a Cityowned parking lot, and will be installing more charging stations in the future; and WHEREAS, as more residents switch from internal combustion engine vehicles to electric vehicles, the demand for these EV charging stations will only grow; and WHEREAS, to ensure that EV charging stations are used in a fair and equitable manner, the City Council desires adding language to the Pinole Municipal Code to establish regulations and limitations on the occupancy of an EV charging station; and WHEREAS, the proposed ordinance would also establish rates for vehicles using the City’s EV charging stations, and authorize the City Manager to increase those rates in a specified manner; and
WHEREAS, the proposed ordinance will facilitate the use of the City’s EV charging stations by a larger number of residents.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PINOLE, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Findings The City Council of the City of Pinole finds that all of the above Recitals are true and correct and incorporated herein by this reference.

SECTION 2. Municipal Code Amendment. Chapter 10.80, EV Charing Stations, is hereby added to the Pinole Municipal Code to read as follows:

10.80 EV Charging Stations.

10.80.010 City-Owned Electric Vehicle (EV) Charging Stations.

A. Designation of Parking Spaces. The Public Works Director, or their designee, is authorized in accordance with the purposes of this chapter to designate spaces in off-street public parking facilities for the exclusive parking of electric vehicles that are connected to electric vehicle charging stations for the purpose of transfer of electricity to the battery or other energy storage device of an electric vehicle.

B. Signs or Markings. Upon designation of a parking space or spaces for the exclusive use of electric vehicles pursuant to Subsection A of this section, the Public Works Director hall place signs or markings giving adequate notice that the parking space or spaces are restricted and to be

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used only for such electric vehicles. The signs or markings shall be in compliance with California Vehicle Code § 22511 indicating that vehicles left standing in violation of the restriction may be removed. The parking restriction shall not apply to the designated parking spaces until the sign or markings have been placed.

C. In parking stalls designated by the use of markings and/or posting as electric vehicle charging stations, only electric vehicles are allowed to park for charging events during designated hours.

D. It is unlawful for the operator of any vehicle to allow a vehicle to park or stand in a designated electric vehicle charging station longer than the posted time limit.

E. It is unlawful for the operator of an electric vehicle to allow that vehicle to park or stand in a designated electric vehicle charging station unless the vehicle is actively conducting a charging event.

F. The police department is authorized to cite and/or remove or cause the removal of vehicles parked in violation of this section in accordance with California Vehicle Code § 22511.

G. Fees for use of electric vehicle charging stations at electric vehicle parking spaces owned by the City of Pinole shall be as follows:

1. Baseline energy fee of $0.35 per kilowatt-hour, effective from 12:00 a.m. to 3:00 p.m. and from 9:00 p.m. to 12:00 a.m. everyday.

2. Time-of-Use energy fee of $0.40 per kilowatt-hour, effective from 3: 00p.m.to 9:00 p.m. everyday.

3. Ancillary fee of $1.50 per charging session.

4. Overstay fee of $1.00 per minute up to 30 minutes, charged after 4 hours and 15 minutes of charging from 5:00 a.m. to 10:00 p.m. every day, or as set forth in the City’s Master Fee Schedule.

5. The City Manager may adjust the energy fees by increments no smaller than one cent ($0.01) no more than once per fiscal year or in accordance with any PG&E rate increases.

6. The maximum allowable annual percentage increase in energy fees shall not exceed the annual percentage increase in PG&E’s average electric rate, published in Table 1.8 of the California Public Utility Commission’s most current Assembly Bill 67 Annual Report on electric and gas utility costs.

7. Adjustments to the energy fees associated with the use of electric vehicle charging stations shall be posted to the City’s website no later than 30 days prior to the adjustment.

8. Energy fees may be adjusted no more than once per fiscal year.

SECTION 3. CEQA. This ordinance is exempt from further environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3), the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment, and Section 15273(a), the exception for the establishment of rates, tolls, fares, and charged.

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SECTION 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable. The City Council of the City of Pinole hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

SECTION 5. Effective Date. Following adoption by at least a four-fifths vote of the City Council, this Ordinance shall be effective immediately upon adoption pursuant to Government Code section 65858. The City Clerk shall certify as to the adoption of this Urgency Ordinance and shall cause it to be published within fifteen (15) days of the adoption and shall post a certified copy of this Urgency Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with California Government Code Section 36933.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 4th day of June, 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Maureen Toms, Mayor
ATTEST:

Heather Bell, City Clerk
APPROVED AS TO FORM:
______________________________
Eric S. Casher, City Attorney

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CITY COUNCIL
REPORT 9.G.

DATE: JUNE 18, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: JEREMY CRONE, COMMANDER

ERIC CASHER, CITY ATTORNEY
SUBJECT: CALIFORNIA ASSEMBLY BILL (AB481) MILITARY EQUIPMENT USE

POLICY AND ORDINANCE, SECOND READ AND ADOPTION

RECOMMENDATION
Staff recommends the City Council waive the second reading and adopt an ordinance approving the renewal of the City’s Military Equipment Use Policy as Stated in Chapter 2.60 “Military Equipment Policy” of the Pinole City Municipal Code, based upon approval of the Pinole Police Department’s 2023-2024 Annual Military Equipment Report, in compliance with AB 481.

BACKGROUND
California Assembly Bill (AB) 481 (Government Code §7070 et seq.) requires the Pinole Police Department (“Department”) to obtain City Council approval of a military equipment use policy by ordinance before purchasing, raising funds for, acquiring or using "military equipment" as defined in Government Code §7070 (c). Under AB 481, the City Council may only approve the policy if it makes specific findings regarding the equipment including safeguards, cost effectiveness, reasonableness of use, and fiscal impact.

On May 3, 2022, the City Council approved the Department’s Policy (identified as Department Policy 707) finding it meets the requirements under AB 481 and introduced and adopted an ordinance adding Chapter 2.60 “Military Equipment Policy” to the Pinole Municipal Code (Ord. 2022-02).

AB 481 requires the Department submit to the City Council an annual military equipment report for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use. The Department must also make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use. Additionally, the City Council must review the ordinance that it has adopted, approving the funding, acquisition, or use of military equipment, at least annually, and vote on whether to renew the ordinance at a regular meeting.

During the review process, the City Council must determine, based on the military equipment report, whether each type of military equipment in the report has complied with the standards for approval set forth in Government Code sections 7071(d)(1) and 7071(e)(2). The City Council most recently approved and reaffirmed the Department’s Policy on June 6, 2023 (Ord. 2023-04).

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By this ordinance the Department seeks City Council (1) approval of its 2023-2024 annual military equipment report, (2) authority to acquire two DJI Mavic 3 Thermal (M3T) UAS drones and (3) renewal of Pinole Police Department Policy 707 upon a finding that the report has complied with the standards for approval set forth in Government Code sections 7071(d)(1) and 7071(e)(2). If approved on second read, the ordinance and policy will go into effect in thirty (30) days.

On June 4, 2024, at a regularly scheduled City Council Meeting, a public hearing was held.

The Department presented its annual use report and proposed policy to the City Council for approval. The City Council also received a presentation and staff report to introduce and conduct a first reading of the proposed ordinance to approve and renew Chapter 2.60 to the Pinole Municipal Code adopting the Policy in compliance with AB 481. The City Council voted 4-1 in support of the proposed ordinance.

REVIEW AND ANALYSIS

FISCAL IMPACT
There is no direct fiscal impact from the adoption of the ordinance.

ATTACHMENTS
A. Staff Report 2023/2024 Pinole PD Military Equipment Annual Renewal Staff Report For Ordinance (CAO Revisions)
B. Pinole_Ordinance Re-Adopting Military Equipment Use Policy (AB 481) 2024 Updated (CAO Revisions)
C. Unmanned Aerial System UAS Operations Policy 607
D. 2023_2024 PPD Military Annual Report Document
E. Military Equipment Pinole Police Department Inventory Final

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CITY COUNCIL

REPORT XXX
DATE: JUNE 4, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: COMMANDER JEREMY CRONE
SUBJECT: PUBLIC HEARING; CONDUCT FIRST READING OF ORDINANCE APPROVING RENEWAL OF THE CITY OF PINOLE’S MILITARY
EQUIPMENT POLICY AS STATED IN CHAPTER 2.60 OF THE
PINOLE MUNICIPAL CODE; AND REVIEW OF 2023-2024 ANNUAL
REPORT IN COMPLIANCE WITH AB 481

RECOMMENDATION
Staff recommends that the City Council conduct a public hearing, review and approve the 2023-2024 Pinole Police Department Annual Military Equipment Report, and waive full reading and introduce by title only an ordinance approving and re-adopting a Military Equipment Use Policy as Stated in Chapter 2.60 “Military Equipment Policy” of the Pinole City Municipal Code in compliance with AB 481.

BACKGROUND
On September 30, 2021, Governor Newsom signed into law Assembly Bill (AB) 481, which went into effect on January 1, 2022, and added California Government Code Sections 7070 through 7075 relating to the funding, acquisition, and use of military equipment by local law enforcement agencies. The bill required law enforcement agencies seeking to fund or acquire new military equipment or continue use of any military equipment acquired prior to January 1, 2022, to draft a military equipment use policy and obtain approval from its governing body via adoption of an ordinance no later than May 1, 2022. On May 3, 2022, the City Council approved the Department’s Policy (identified as Department Policy 707) finding it meets the requirements under AB 481 and introduced and adopted an ordinance adding Chapter 2.60 “Military Equipment Policy” to the Pinole Municipal Code (Ord. 2022-02).

AB 481 (Government Code §7072) requires that the Department submit to the City Council an annual military equipment report for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use.

The annual report shall include a summary of each type of military equipment, its intended purpose, how each type of equipment was used by the agency during the preceding year, a summary of any complaints received concerning the equipment, the results of any internal audits pertaining to violations of the military equipment use policy, the total cost for each type of equipment, and quantity possessed.

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City Council Report
May 21, 2024
Additionally, the City Council must review the ordinance that it has adopted, approving the funding, acquisition, or use of military equipment, at least annually, and vote on whether to renew the ordinance at a regular meeting. During the review process, the City Council must determine, based on the military equipment report, whether each type of military equipment in the report has complied with the standards for approval set forth in Government Code sections 7071(d)(1) and 7071(e)(2). If it determines a type of equipment identified in the report has not complied with the standards for approval, the City Council must either disapprove of the renewal of the ordinance or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance. The City Council may renew or not renew the authorizing ordinance, disapprove authorization for equipment where standards have not been met, or require modifications to the military equipment use policy based on whether the equipment detailed within the annual report complies with policy and meets specified standards as set forth in California Government Code Section 7071, subdivision (d).

On June 6, 2023, the City Council approved and reaffirmed the Department’s Policy (identified as Department Policy 707) finding it met the requirements under AB 481 and introduced and adopted an ordinance adding Chapter 2.60 “Military Equipment Policy” to the Pinole Municipal Code (Ord. 2023-04).

By this ordinance the Department seeks 1) approval of its 2023-2024 annual military equipment report, 2) authority to acquire two (2) DJI Mavic 3 Thermal (M3T) UAS drones defined as “military equipment” under the statute, and 3) renewal of Pinole Police Department Policy 707 upon a finding that the report has complied with the standards for approval set forth in Government Code sections 7071(d)(1) and 7071(e)(2).

Attachment A is the proposed ordinance. Attachment B is the 2023-2024 Annual Report, including the inventory list of military equipment the Department has and intends to use in the future that falls within the definition of “military equipment” under AB 481. Attachment C is the Department’s military equipment use policy. Attachment D is the Department’s Unmanned Aerial System (UAS) Operations policy.

DISCUSSION
Annual Report
AB 481 requires a law enforcement agency that receives approval for a military equipment use policy to submit to the City Council an annual military equipment report for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use. (Govt. Code §§7071(d)(1) and 7071(e)(2).) The law enforcement agency must also make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use.

Government Code section 7072 (a) states that the annual report must include the following information:

1. A summary of any complaints or concerns received concerning the military equipment.

2. The results of any internal audits or information about violations of the military equipment use policy. This includes any actions taken in response.

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City Council Report
May 21, 2024

3. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

4. The quantity possessed for each type of military equipment.

5. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

6. A summary of how the military equipment was used and the purpose of its use.

In compliance with the Government Code, the Department’s annual use report and policy was released to the community, via the Department’s transparency portal on April 22, 2024, and provided to City Council. On May 21, 2024, the Department held a well-publicized and conveniently located public meeting, at which the general public was able to discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. The Department heard the communities’ concerns regarding the use of the ERV and proposed acquisition of a UAS. The Department maintains previous authorized possession and use of the ERV and the proposed acquisition and implementation of a UAS program is essential to the protection and preservation of life. The annual use report contains all the required elements of Government Code section 7072 (a) set forth above.

The 2023-2024 Annual Report (Attachment B) outlines the Department’s military equipment inventory and usage, community complaints over use of military equipment, and internal audits from May 1, 2023, through April 30, 2024. An inventory was completed on March 27, 2024, which identified all of the Department’s military equipment in preparation to fulfill the obligations set by Assembly Bill 481. Equipment used by the Department during the preceding year is found to be consistent with current Policy 707. No complaints concerning the equipment were made to the Department.

During this period (May 2023 – April 2024), the Department has used military equipment under this policy during community events (ERV and command post) and officer training (ERV, rifles, PepperBall VKS, and FN 303 MK2). The Department utilized the ERV in a mutual aid request from an allied agency to protect officers responding to a shooting that had just occurred. The Department also utilized the Command Post in a mutual aid request to assist with logistics and personnel on an authorized DUI checkpoint for an allied agency. The Department had two incidents in which an outside agency provided their authorized UAS to assist with the search for fleeing suspects who posed a danger to the community. These incidents resulted in the quick and safe apprehension of the suspects with no harm to the community. The Department deployed the FN 303 MK2 Launcher in an incident with a suspect who had crashed his vehicle, fled, threatened to kill officers, assaulted a police K9 and had barricaded himself. The FN 303 MK2 allowed officers to engage the suspect at a safe distance, distracting the suspect so officers could safely apprehend him.

During this period, the Colt AR-15/M4 Carbine rifles underwent routine maintenance.

For the 2023/24 Annual City Budget, Council approved $30,000 for the purchase, training and maintenance of a UAS program.

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City Council Report
May 21, 2024
Proposed Acquisition
In accordance with Government Code section 7072 (a), the Department is requesting approval for the purchase of two (2) DJI Mavic 3 Thermal (M3T) UAS (drones) as set forth in the annual report and inventory. The Mavic 3 is an unmanned Aerial System (UAS) designed for public safety. The UAS is a battery powered, remote operated device with a flight time of approximately 36-45 minutes depending on weather and flight conditions. The UAS has proven to be useful to public safety agencies in crime scene analysis, search and rescue, preoperation surveillance and other critical incidents where aerial views enhance the safety and efficiency of law enforcement personnel. The UAS would assist officers or incident commanders in situations that would include, but not limited to: major collision investigations, emergency life threatening situations, search for missing persons, natural disaster management, crime scene photography, and critical incidents for preservation of life and public safety missions. The UAS falls under CA Government Code section 7070(c)(1) – Unmanned, remotely piloted, powered aerial or ground vehicles.

The UAS would be operated under FAA Part 107 authorization and regulations and in accordance with Department Policy 607- Unmanned Aerial System (UAS) Operations (Attachment D). This policy ensures compliance with FAA regulations, sets forth training requirements, authorizations for use, privacy, and prohibited uses.

The Department has a significant interest in continuing to have access to equipment that will provide peace officers as many options as possible to safeguard lives, ensure safety, and protect civil liberties of the citizens of the City of Pinole. The use of the military equipment identified on the inventory list is vital to the Department’s mission and will continue to be strictly regulated through internal processes and oversight.

Renewal of Military Equipment Use Policy
In addition, the Department is required to re-submit the previously approved policy for reapproval consideration, as an agenda item during open session. The previously approved policy is attached to this report (Attachment C). Council must determine, based on the annual military equipment report, whether each type of military equipment identified in the report has complied with the following:

1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

The Department does not anticipate any change in the previously approved policy but does seek approval to acquire additional equipment, only the addition of equipment. The

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City Council Report
May 21, 2024
Department intends to acquire two (2) DJI Mavic 3 Thermal (M3T) UAS drones as further provided above. At this time, forecasted purchases for the Department in 2024/25 only include additional ammunition for the previously approved COLT AR15/M4 patrol rifles and projectiles for the previously approved FN 303 MK2 launchers which need to be replenished after being used in either the field or training environments and anticipated deferred maintenance to the MRAP/ERV. All items needing to be replenished are included in the policy and attached inventory which were previously approved by the City Council.

Any future attempts to obtain additional equipment not provided for herein will comply with procedures set forth in the Government Code and the approved military equipment policy; this includes a public hearing and City Council approval prior to acquisition.

Through acceptance of the annual report and renewal of the ordinance, the City Council will authorize the continued use of preexisting equipment considered “military equipment” under AB 481. This includes a Mine Resistant Ambush Protected Vehicle (MRAP) for use as an Emergency Rescue Vehicle (ERV) to safely evacuate residents in the event of a natural disaster or critical incidents, to move personnel and/or resources in support of natural disasters (i.e. flood, fire, earthquake), large scale logistics, active shooter incidents, and incidents where there is reason to expect potential armed resistance requiring protection. The Policy also includes a single unmanned, remotely piloted, powered ground vehicle used to enhance peace officer and community safety when encountering potentially dangerous situations by providing first responders with the ability to capture video and still images, and to transport communication equipment or other resources prior to, or in lieu of, sending in personnel into hazardous incidents or environments.

Other items deemed to be “military equipment” under AB 481 include foundational equipment such as rifles and ammunition. These rifles allow peace officers to address lethal threats from a greater distance and with greater precision. The Department also seeks authorization to use four FN 303 MK2 Launcher and projectiles, to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. The projectiles provide officers with a less-lethal option in incidents of combative or self-destructive individuals, riot/crowd control and civil unrest incidents, circumstances where a tactical advantage can be obtained, potentially vicious animals, and training exercises or approved demonstrations. The equipment allows for more time and opportunity to attempt to deescalate situations and provide for safer tactics to resolve life threatening events in the safest way possible. During the 2023/24 period, the FN 303 MK2 Launcher replaced the legacy technology of the PepperBall VKS launcher that had also reached the end of its serviceable life.

The Policy safeguards the public’s welfare, safety, civil rights and civil liberties by ensuring that there are safeguards, including transparency, oversight, and accountability measures in place. For instance, the Policy authorizes the Chief of Police to designate a member of the Department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include, but are not limited, acting as a liaison to City Council for all matters related to the requirements of AB 481, identifying “military equipment” as defined under the statute, conducting annual inventory and review, collaborating with outside agencies, and scheduling and coordinating an annual community engagement hearing to address the Department's funding, acquisition, and use of military equipment.

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City Council Report
May 21, 2024
In compliance with the Government Code, the Military Equipment Policy has remained on the Department’s transparency portal continuously since prior to Council adoption in 2022.

FISCAL IMPACT
There is no direct fiscal impact from the acceptance of the annual report or the approval of continuing the ordinance approving the military equipment use policy. The Policy explicitly references the fiscal impact related to costs to maintain or acquire equipment and is included in the existing department’s budget allocation.

ATTACHMENTS
A. Ordinance of the City Council of the City of Pinole Approving and Re-Adopting a Military Equipment Use Policy as Stated In Chapter 2.60 “Military Equipment Policy” of the Pinole Municipal Code In Compliance With Assembly Bill 481 B. 2023-2024 Pinole Police Department Annual Military Equipment Report May 2023 – April 2024
C. Pinole Police Department Military Equipment Funding, Acquisition and Use Policy 707
D. Pinole Police Department Unmanned Aerial System (UAS) Operations Policy 607 5361507.1

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ORDINANCE NO. 2024-XXXX

AN ORDINANCE OF THE CITY OF PINOLE APPROVING AND RE-ADOPTING A MILITARY EQUIPMENT USE POLICY AS STATED IN CHAPTER 2.60 “MILITARY EQUIPMENT POLICY” OF THE PINOLE MUNICIPAL CODE IN COMPLIANCE WITH ASSEMBLY BILL 481 (GOVERNMENT CODE SECTION 7070, et. seq.) WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 relating to the use of military equipment by California law enforcement agencies; and WHEREAS, Assembly Bill 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used by law enforcement agencies; and
WHEREAS, Assembly Bill 481, codified at California Government Code section 7070, et. seq., requires law enforcement agencies obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term “military equipment” is defined in California Government Code section 7070(c); and
WHEREAS, the policy must be a document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the police department’s use of such equipment; and WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the military equipment use policy for continued or future funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations specified in Government Code section 7071(d); and
WHEREAS, on May 3, 2022, the City Council adopted Ordinance 2022-02 approving and adopting a military equipment use policy identified as Pinole Police Department Policy 707, having received the information required under Assembly Bill 481 regarding the Pinole Police Department’s use of military equipment as defined in said law and upon a finding of the specified determinations required under Government Code Section 7071(d); and WHEREAS, On June 6, 2023, the City Council approved and reaffirmed the Department’s Policy (identified as Department Policy 707) finding it met the requirements under AB 481 and introduced and adopted an ordinance adding Chapter

2.60 “Military Equipment Policy” to the Pinole Municipal Code (Ord. 2023-04);and WHEREAS, Government Code section 7072 provides that a law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use; and

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WHEREAS, the law enforcement agency shall also make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use; and
WHEREAS, the annual military report shall include the following information for the immediately preceding calendar year for each type of military equipment:
a. A summary of how the military equipment was used and the purpose of its use; b. A summary of any complaints or concerns received concerning the military equipment;
c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response; d. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report;
e. The quantity possessed for each type of military equipment; f. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment; and WHEREAS, Government Code section 7071(d) provides the governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the following standards for approval:
a. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; b. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties;
c. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety;
d. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and
WHEREAS, if the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth

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above, the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance; and
WHEREAS, the governing body shall review any ordinance that it has adopted approving the funding, acquisition, or use of military equipment at least annually and vote on whether to renew the ordinance at a regular meeting held pursuant to open meeting laws; and WHEREAS, the Pinole Police Department’s annual military equipment report was posted on the department’s internet website on April 22, 2024 and conducted a well-publicized public meeting concerning the renewal of the military equipment at issue in compliance with Government Code Section 7072 (b) on May 21, 2024; and
WHEREAS, the Pinole Police Department seeks renewal of Policy 707; and WHEREAS, the City Council of the City of Pinole, having received the information required under Assembly Bill 481 regarding the Pinole Police Department’s renewed use of military equipment as defined in said law, and makes the specified determinations required under Government Code Section 7070, et. seq., deems it to be in the best interest of the City to approve and renew the Pinole Police Department’s Military Equipment Funding, Acquisition and Use Policy as set forth in the policy identified as Pinole Police Department Policy 707.

NOW THEREFORE, BE IT RESOLVED, in accordance with Government Code Section 7070 et. seq., and pursuant to the findings stated herein, that the City Council of the City of Pinole hereby finds as follows:

Section 1. Recitals.

The above recitals are true and correct and made a part of this Ordinance.

Section 2. Determinations.

Based on the findings above, in addition to information provided to the City Council at the public meeting, the City Council determines as follows:

1. The military equipment identified in the annual military equipment report has complied with the standards for approval as set forth in Government Code section 7071 subdivision (d).

2. The Pinole Police Department’s Military Equipment Use Policy is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

3. The Pinole Police Department’s Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

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4. The military equipment identified in the Pinole Police Department’s Military Equipment Use Policy is reasonably cost effective compared to available alternatives that can achieve the same objectives of officer and civilian safety.

5. Prior military equipment use by the Pinole Police Department complied with the Military Equipment Use Policy although it was not yet in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

6. The Pinole Police Department’s Military Equipment Use Policy, Policy 707, setting forth the City’s military equipment use policy is approved and renewed.

Section 3. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each of every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 4. Effective Date and Duration. This ordinance shall take effect thirty (30) days after its final adoption.

Section 5. Publication. The City Clerk is directed to cause this ordinance to be published in a manner required by law.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on June 18, 2024, the City Council passed this urgency ordinance by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

IN WITNESS of this action, I sign this document and affix the corporate seal of the City of Pinole on June 18, 2024.
____________________________
Heather Bell, CMC
City Clerk
5361438.1

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Policy
607
Pinole Police Department
Pinole PD CA Policy Manual
Copyright Lexipol, LLC 2024/05/22, All Rights Reserved.

Published with permission by Pinole Police Department
***DRAFT*** Unmanned Aerial System (UAS) Operations -
1 Unmanned Aerial System (UAS) Operations
607.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the use of an unmanned aerial system (UAS) and for the storage, retrieval and dissemination of images and data captured by the UAS.

It is the policy of the department that trained and authorized personnel may use/deploy a UAS when such use is appropriate in the performance of their duties and authorized by the Chief of Police or designee. The deployment of a UAS will be in accordance with Federal, State, and municipal law and as the needs of the department dictate. 607.1.1 DEFINITIONS
Definitions related to this policy include:

Certificate of Authorization (COA) – A certificate granted to an individual or entity by the Federal Aviation Administration (FAA), which outlines specific conditions for flight for small UAS.

Federal Aviation Administration (FAA) – An entity of the federal government that regulates all aspects of civil aviation.

Part 107 – A certificate granted to an individual by the FAA, which outlines specific conditions of flight for small UAS aircrafts.

Pilot in Command (PIC) –Trained officer who is the sole person responsible for the operation of the UAS.

Unmanned aerial system (UAS) - An unmanned aircraft of any type that is capable of sustaining directed flight, whether preprogrammed or remotely controlled (commonly referred to as an unmanned aerial vehicle (UAV)), and all of the supporting or attached systems designed for gathering information through imaging, recording or any other means.

UAS Supervisor – Assigned by the Chief of Police to insure program requirements are met to include maintenance, training, and operations in adherence to policy and FAA regulations.

Visual Observer –Trained officer who may act as a spotter for PIC to assist in navigating the UAS and avoidance of hazards.
607.2 POLICY
Unmanned aerial systems may be utilized to enhance the department’s mission of protecting lives and property when other means and resources are not available or are less effective. Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.

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Pinole Police Department
Pinole PD CA Policy Manual
Unmanned Aerial System (UAS) Operations
Copyright Lexipol, LLC 2024/05/22, All Rights Reserved.

Published with permission by Pinole Police Department ***DRAFT*** Unmanned Aerial System (UAS) Operations - 2 607.3 USE OF UAS
Only authorized operators who have completed the required training shall be permitted to operate the UAS.

Use of vision enhancement technology (e.g., thermal and other imaging equipment not generally available to the public) is permissible in viewing areas only where there is no protectable privacy interest or when in compliance with a search warrant or court order. In all other instances, legal counsel should be consulted.

UAS operations should only be conducted consistent with FAA regulations. 607.4 FAA COMPLIANCE FOR DEPLOYMENT
Use of the UAS shall be allowed for criminal investigations or public safety purposes consistent with this policy, provided the requirements below are followed:
(a) Prior to any use of a UAS, the department shall obtain a COA from the Federal Aviation Administration, unless the Police Chief authorizes personnel to use a UAS under the officer's own Part 107 certification.
(b) Prior to the deployment of the UAS, the UAS PIC and the Visual Observer must be adequately trained in the use and operation and must be knowledgeable of the standards set forth in this policy.
(c) Any operation of a UAS must fully comply with all FAA requirements guidelines. It is the PIC's responsibility to ensure compliance with FAA requirements and guidelines and this policy. If the PIC believes the requested deployment potentially violates any federal regulation, guideline or this policy, then the PIC must inform his or her immediate supervisor and the UAS Supervisor.
(d) The PIC may not deploy the UAS for criminal investigative purposes without the knowledge of the on-duty watch commander or senior supervisor should the watch commander not be available.
(e) Where a search warrant would normally be obtained for a criminal investigation, the PIC shall not deploy the UAS until such warrant is secured. This does not apply to non-investigative public safety deployments or for the purpose of training, testing, or evaluation.
(f) Each deployment of an UAS shall be properly documented in a flight log by the PIC. Such documentation must include at a minimum:
(a) The date, time, and purpose of each deployment.
(b) Whether a search warrant was obtained by the agency. (c) Identity of the PIC and Visual Observer (if there is a Visual Observer. (d) Supervisor approving the deployment.
(g) The PIC that deploys the UAS must have the capability to adequately track and record the flight pattern and location of the UAS.

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Pinole Police Department
Pinole PD CA Policy Manual
Unmanned Aerial System (UAS) Operations
Copyright Lexipol, LLC 2024/05/22, All Rights Reserved.

Published with permission by Pinole Police Department ***DRAFT*** Unmanned Aerial System (UAS) Operations - 3 (h) If more than one UAS is deployed in an area or event, then each PIC shall coordinate and define the parameters of the area where each UAS will be operated. 607.5 AUTHORIZED USES FOR PUBLIC SAFETY DEPLOYMENT
Deployments include but are not limited:
(a) Security Checks - The UAS may be deployed while conducting Security Checks of businesses or public lots in furtherance of the department's mission. Indiscriminate surveillance of private areas, absent a call for service requiring a public safety response or applicable warrant is prohibited.
(b) Area Searches – The UAS may be deployed when conducting an area search for missing persons, property, etc.
(c) Crime Scene / Area Documentation – The UAS may be deployed to assist in documenting crime scenes, accident scenes, or other areas where an aerial perspective is needed.
(d) Search and Rescue – The UAS may be deployed during search and rescue operations to assist in locating lost or missing persons or other search and rescue operations. (e) Tactical Situations – The UAS may be deployed during certain tactical situations such as hostage / barricaded gunmen, active shooter, warrant services, or any other situation where an aerial or remote view is advantageous. (f) Fleeing Suspects – The UAS may be deployed to search for suspects that flee from police.
(g) Training – All training flights will be conducted in accordance with the procedure and privacy requirements outlined in this policy.
607.6 PRIVACY
The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy.

Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.
607.7 PROGRAM COORDINATOR
The Chief of Police will appoint a program coordinator who will be responsible for the management of the UAS program. The program coordinator will ensure that policies and procedures conform to current laws, regulations, and best practices and will have the following additional responsibilities:
• Coordinating the FAA Certificate of Waiver or Authorization (COA) application process and ensuring that the COA is current, and/or coordinating compliance with FAA Part 107 Remote Pilot Certificate, as appropriate for department operations.

Page 159 of 650 ends

Pinole Police Department
Pinole PD CA Policy Manual
Unmanned Aerial System (UAS) Operations
Copyright Lexipol, LLC 2024/05/22, All Rights Reserved.

Published with permission by Pinole Police Department ***DRAFT*** Unmanned Aerial System (UAS) Operations - 4 • Ensuring that all authorized operators and required observers have completed all required FAA and department-approved training in the operation, applicable laws, policies, and procedures regarding use of the UAS.
• Developing uniform protocol for submission and evaluation of requests to deploy a UAS, including urgent requests made during ongoing or emerging incidents.

Deployment of a UAS may require written authorization of the Chief of Police or the authorized designee, depending on the type of mission.
• Coordinating the completion of the FAA Emergency Operation Request Form in emergency situations, as applicable (e.g., natural disasters, search and rescue, emergency situations to safeguard human life).
• Developing protocol for conducting criminal investigations involving a UAS, including documentation of time spent monitoring a subject.
• Implementing a system for public notification of UAS deployment. • Developing an operational protocol governing the deployment and operation of a UAS including but not limited to safety oversight, use of visual observers, establishment of lost link procedures, and secure communication with air traffic control facilities. • Developing a protocol for fully documenting all missions. • Developing a UAS inspection, maintenance, and record-keeping protocol to ensure continuing airworthiness of a UAS, up to and including its overhaul or life limits. • Developing protocols to ensure that all data intended to be used as evidence are accessed, maintained, stored, and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements. Electronic trails, including encryption, authenticity certificates, and date and time stamping, shall be used as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody.
• Developing protocols that ensure retention and purge periods are maintained in accordance with established records retention schedules. • Facilitating law enforcement access to images and data captured by the UAS. • Recommending program enhancements, particularly regarding safety and information security.
• Ensuring that established protocols are followed by monitoring and providing periodic reports on the program to the Chief of Police.
• Maintaining familiarity with FAA regulatory standards, state laws and regulations, and local ordinances regarding the operations of a UAS.
607.8 PROHIBITED USE
The UAS video surveillance equipment shall not be used:
• To conduct random surveillance activities.

Page 160 of 650 ends

Pinole Police Department
Pinole PD CA Policy Manual
Unmanned Aerial System (UAS) Operations
Copyright Lexipol, LLC 2024/05/22, All Rights Reserved.

Published with permission by Pinole Police Department ***DRAFT*** Unmanned Aerial System (UAS) Operations - 5 • To target a person based solely on actual or perceived characteristics, such as race, ethnicity, national origin, immigration status, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability. • To harass, intimidate, or discriminate against any individual or group. • To conduct personal business of any type.
• The UAS will not be weaponized or used to transport any weapons, explosives, or incendiary devices.
607.9 RETENTION OF UAS DATA
Data collected by the UAS shall be retained as provided in the established records retention procedure and schedule.

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PINOLE POLICE

DEPARTMENT

ANNUAL MILITARY

EQUIPMENT REPORT
MAY 2023 – APRIL 2024

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May 2024 Annual Military Equipment Report for 2023/2024 1 Table of Contents
Introduction................................................................................................ 2 Definitions .................................................................................................. 3 Summary of Military Equipment................................................................. 4 Military EquipmentInventory...................................................................................... 4 Equipment Training Use & Purchase ........................................................... 8 Community Concerns and Complaints ........................................................ 9 Internal Military Equipment Inventory & Audit.......................................... 10 Projected Military Equipment Acquisition (2024/2025) ............................. 12

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May 2024 Annual Military Equipment Report for 2023/2024 2 INTRODUCTION
On September 30, 2021, the Governor of the State of California approved Assembly Bill 481 (codified as Chapter 12.8 of the California Government Code) requiring law enforcement agencies such as the Pinole Police Department to have a military use policy approved by the City Council prior to requesting, seeking funding, acquiring or using military equipment. Assembly Bill 481 allows the governing body to approve the policy within its jurisdiction only if it determines that the military equipment meets specified standards.

On May 3, 2022,the City of Pinole Council approved Ordinance 2022-02 approving Pinole Police Department Policy #707: Military Equipment Funding, Acquisition, and Use. As required by Assembly Bill 481 and the Ordinance, annually the Pinole Police Department must prepare a report on the use of each type of military equipment approved in the Policy over the last year. Subsequently, the City Council must then review the Ordinance, Policy and Annual Report, and determine whether the Department’s use of military equipment in the past year complied with the Policy, and whether to continue the Ordinance and Policy, take action (by ordinance) to modify the Policy or repeal the Ordinance.

As set forth in the Policy, the Pinole Police Department retains and employs limited military equipment to safeguard its community. Pinole Police Department officers and certified instructional staff, receive training throughout the year on the use of military equipment approved under the Policy.

During this period, 03/05/2024, the Department transitioned from the PepperBall VKS Launcher to the FN 303 MK2 Launcher due to the PepperBall VKS Launcher platform being a legacy technology and at its end of life.

This Annual Report outlines the Pinole Police Department’s military equipment inventory andusage, community complaints over use of military equipment, and internal audits from May 1, 2023, through April 30, 2024. The Department will submit its Military Equipment Annual Report to City Council annually in compliance with AB 481.

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May 2024 Annual Military Equipment Report for 2023/2024 3 DEFINITIONS
Definitions of Military Equipment established by California Government Code §7070:
(Pinole Police Department utilizes a limited number of the resources listed below) Military equipment includes but is not limited to the following types of equipment:
• Unmanned, remotely piloted, powered aerial or ground vehicles • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached
• Tracked armored vehicles that provide ballistic protection to their occupants • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units • Weaponized aircraft, vessels, or vehicles or any kind • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code §30510 and Penal Code §30515, with the exception of standard-issue firearms • Any firearm or firearm accessory that is designed to launch explosive projectiles • Noise-flash diversionary devices and explosive breaching tools • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray
• Taser Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs)
• Kinetic energy weapons and munitions (e.g. 40MM launcher, bean bag shotgun, foam tipped projectiles)
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

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May 2024 Annual Military Equipment Report for 2023/2024 4 Pinole Police Department Military Equipment
Inventory

1. Equipment Type: Mine Resistant Ambush Protected Vehicle (MRAP) – CA Govt Code §7070(c)(2)
Quantity Owned or Sought: 1 Lifespan: Unknown
Purpose/Authorized User: Emergency Rescue Vehicle (ERV) to safely evacuate residents in the event of a natural disaster or critical incidents. To move personnel and/or resources in support of natural disasters (i.e. flood, fire, earthquake), large scale logistics, active shooter incidents, and incidents where there is reason to expect potential armed resistance requiring protection. Use may be authorized by Watch Commander or Tactical/Operations Commander, based on the circumstances of the given incident.

Fiscal Impact: Acquired under the Law Enforcement Support Program Office (LESO): $0 for equipment. $9,200 for delivery, paint and upfitting. Annual maintenance cost is approximately $1,000.00
Legal and Procedural Rules Governing: It is the policy of the department to utilize armored vehicles only for law enforcement purposes and pursuant to State and Federal law.

Training Required: Department provided training.

Other Notes: The MRAP is an armored vehicle manufactured by BAE Systems/Caiman weighing over 34,000 pounds and can carry a payload of over 4,000 pounds. The vehicle has six (6) wheels fitted with tires and is all-wheel drive, powered by a diesel engine. The vehicle measures approximately 22 feet long, 8 feet wide, and 10 feet tall.

2. Equipment Type: Unmanned, remotely piloted, powered ground vehicles - CA Gov’t Code §7070(c)(1)
Quantity Owned/Sought: 1 Lifespan: Approximately 15 years Equipment Capabilities: Vehicle is capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.

Manufacturer Product Description: iRobot PackBot 510 Multi Mission Robot (MMR) Purpose/Authorized Uses: To enhance officer and community safety when encountering potentially dangerous situations by providing first responders with the ability to capture video and still images, to transport communication equipment or other resources prior to, in lieu of sending in personnel into hazardous incidents or environments.

Fiscal Impacts: Acquired under the Law Enforcement Support Program Office (LESO): $0 for equipment. Annual maintenance cost is approximately $500.

Legal/Procedural Rules Governing Use: The use of unmanned, remotely piloted, powered ground vehicles potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to all applicable privacy laws and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy.

Training Required: Department provided training.

Other Notes: None

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May 2024 Annual Military Equipment Report for 2023/2024 5 3. Equipment Type: Unmanned, remotely piloted, powered aerial or ground vehicles - CA Gov’t Code §7070(c)(1)
Quantity Owned/Sought: 2 Lifespan: Approximately 5 years Equipment Capabilities: Vehicle is capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.

Manufacturer Product Description: DJI Mavic 3 Thermal (M3T) UAS Purpose/Authorized Uses: Unmanned Aerial System (UAS) designed for public safety. The UAS is a battery powered, remote operated device with a flight time of approximately 36-45 minutes depending on weather and flight conditions. The UAS has proven to be useful to public safety agencies in crime scene analysis, search and rescue, pre-operation surveillance and other critical incidents where aerial views enhance the safety and efficiency of law enforcement personnel. The UAS would assist officers or incident commanders in situations that would include, but not limited to: major collision investigations, emergency life threatening situations, search for missing persons, natural disaster management, crime scene photography, and critical incidents for preservation of life and public safety missions.

Fiscal Impacts: DJI Mavic 3 Thermal (M3T): $6,000, quantity 2 (Total: ~$12,000) Legal/Procedural Rules Governing Use: The use of unmanned, remotely piloted, powered ground vehicles potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to all applicable privacy laws and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy.

Training Required: FAA Part 107, POST UAS Operator, and Department provided training.

Other Notes: Capabilities include 48 MegaPixel camera, 56x tele zoom, 640x512 thermal sensor, one-way speaker, and spotlight.

4. Equipment Type: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units – CA Govt Code §7070(c)(5)
Quantity Owned or Sought: 1 Lifespan: 20 years
Purpose/Authorized User: Trailer is purpose‐built to facilitate the operational control and direction of public safety units conducting DUI enforcement checkpoints, traffic safety operations, and responding to or at an incident. The Command and Control (C&C) trailer serves as a centralized location for command decision making, enhanced communication and other situational awareness capabilities. Use may be authorized by Watch Commander or Tactical/Operations Commander, based on the circumstances of the given incident.

Fiscal Impact: Acquired by grant issued by the State of California Office of Traffic Safety under a Traffic Safety Grant. $40,415 for equipment. Annual maintenance cost is approximately $1000.

Legal and Procedural Rules Governing: It is the policy of the department to utilize C&C trailer only for law enforcement purposes and pursuant to State and Federal law.

Training Required: Department provided training.

Other Notes: The command-and-control trailer is standard tow-behind trailer with dual axels manufactured by Universal Trailer with a GVW of 3,100 pounds. The trailer measures approximately 16 feet long, 8.5 feet wide, and 9 feet tall. The trailer is equipped with a folddown rear door, lighting, and a generator.

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May 2024 Annual Military Equipment Report for 2023/2024 6 5. Equipment Type: Semiautomatic Rifles and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned or Sought: 28 Lifespan: 15 years
Purpose/Authorized User: Colt AR-15/M4 Carbine semiautomatic shoulder fired rifle with long spirally grooved barrel that fires .223 Rem/5.56 mm projectile bullet. The rifles are equipped with 10.5” barrel, Surefire muzzle brake, and Surefire SOCOM556-RC2 suppressors.

Ammunition is Speer Gold Dot caliber .223 62 grain.

A standard officer issue to be used as a precision weapon to address a threat with more precision and/or greater distances than a handgun, if present and feasible.

Fiscal Impact:
• Colt AR-15/M4 Rifle: $32,400, quantity: 28
• Surefire muzzle brake: $2,779, quantity: 28
• Surefire SOCOM556-RC2 Suppressors: $22,408, quantity: 28 • .223 62 gr ammunition: $6,270, quantity: 10,450
• Annual maintenance cost is approximately $1,500
Legal and Procedural Rules Governing: All applicable State, Federal and Local laws governing police use of force. Various Pinole Police Department Policies on Use of Force and Firearms.

Training Required: Department firearms training and qualifications as required by law and policy by POST certified instructors. CA POST certified 24-hour patrol rifle course.

Other Notes: These rifles are standard issue service weapons for our officers and therefore exempted from this Military Equipment Use Policy per CA Gov’t Code §7070 (c)(10). They have been included in this document in an abundance of caution and in the interest of transparency.

6. Equipment Type: Pepper Ball Launcher and Projectiles - CA Gov’t Code §7070(c)(12) Quantity Owned or Sought: 4 Lifespan: 20 years
Purpose/Authorized User: FN 303 MK2 Less Lethal Launcher utilizing compressed-air to fire less-lethal fin-stabilized projectiles. The FN303 MK2 features a magazine fed system that offers the ability to quickly switch between projectile types. Projectiles: .5% PAVA containing pepper powder designed for direct impact and area saturation, Clear Impact projectile intended for distraction, Washable Paint for training and marking, Indelible Paint projectile intended for marking with indelible colorant for later identification, and Inert Powder projectile for training.

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Provides officers with a less-lethal option in incidents of combative or self-destructive individuals, riot/crowd control and civil unrest incidents, circumstances where a tactical advantage can be obtained, potentially vicious animals, and training exercises or approved demonstrations.

The FN 303 MK2 is a like for like replacement of the PepperBall VKS Launcher legacy system.

Fiscal Impact:
• FN 303 MK2: $5,080, quantity: 4
• PAVA Projectile: $900, quantity: 150
• Indelible Paint Projectile: $750, quantity: 150

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May 2024 Annual Military Equipment Report for 2023/2024 7 • Washable Paint Projectile: $1,315, quantity: 270
• Inert Powder Projectile: $1,245, quantity: 450
• Magazine Assembly, Slings, and Maintenance Items: $486 • Cases: $1,587, quantity: 4
• Annual maintenance cost is approximately $250
Legal and Procedural Rules Governing: All applicable State, Federal and Local laws governing police use of force. Various Pinole Police Department Policies on Use of Force.

Training Required: Department provided training conducted by POST certified instructors.

Other Notes: None

7. Equipment Type: Less-Lethal Shotgun and Bean Bag Projectile - CA Gov’t Code §7070(c)(14)
Quantity Owned or Sought: 4 Lifespan: 25 years
Purpose/Authorized User: Remington 870 Less-Lethal 12-gauge Shotgun with orange and black marked stocks is used to deploy the less lethal 12-guage CTS Super-Sock Beanbag round.

The Combined Tactical Systems (CTS) Super-Sock Beanbag round is a less-lethal 2.4-inch 12- gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot.

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Fiscal Impact:
• Remington 870 Less-Lethal 12-guage Shotgun: $2,200, quantity: 4 • CTS Model 2581 Super-Sock Beanbag Round: $1,090, quantity: 200 • Glass Breaker Ball: $480, quantity: 200
• Annual maintenance $0
Legal and Procedural Rules Governing: All applicable State, Federal and Local laws governing police use of force. Various Pinole Police Department Policies on Use of Force.

Training Required: Department provided training conducted by POST certified instructors.

Other Notes: None

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May 2024 Annual Military Equipment Report for 2023/2024 8 Equipment Purchase and Training Use
2023/2024 Purchases and Maintenance
Military Equipment Quantity Cost Date of Purchase
COLT AR 15/M4 –
maintenance
1 $76.00 01/26/204
COLT AR 15/M4 –
ammunition, .223 62 gr 1,000 $609.00 01/15/2024
FN 303 MK2 Launcher,
projectiles, cases, slings,
and maintenance
equipment
4 $11,363.00
07/18/2023,
11/06/2023,
12/11/2023,
03/04/24
2023/2024 Training/ Military Equipment Utilized
Training Military
Equipment
Dates
Officer Training - Range
Colt AR-15/M4
Carbine w/
.223/556
ammunition
10/10&13/23,
12/6&8/2023,
01/16&17/24,
01/19&20/24, 02/12/24,
04/16/24, 04/26/24
MRAPPepperBall VKS
Training – Range
PepperBall VKS 06/07/23, 08/16/23,
12/07/23
FN 303 MK2Training -
Range
FN 303 MK2 02/27/24, 03/01/24,
03/05/24
ERV Orientation and
Driver Training
MRAP/ERV 03/25/24, 03/28/24

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May 2024 Annual Military Equipment Report for 2023/2024 9 Community Concerns and Complaints
In April of 2022, the Pinole Police Department published its Military Equipment Funding, Use and Acquisition policy on its website. Community concerns and complaints can be received via the Department’s website, in-person at the police department or in the field during police contacts, telephone, emails and social media. 2023/2024 Community Concerns, Complaints & PD Internal Investigations Related to Military Equipment Use
Community Concerns Community Complaints PD Internal Investigations 0 0 0
**No formal complaints or concerns were brought forward by the public. Officers regularly engaged with the community regarding the use of the ERV at community events and its role within the community.

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May 2024 Annual Military Equipment Report for 2023/2024 10 Internal Inventory & Audit (PPD Military
Equipment)
Per Pinole Police Department policy 707.3 (c), the Department’s military equipment coordinator, is required to complete an internal inventory of all military equipment within the possession of the Department at least once annually.

An inventory was completed on March 27, 2024, which identified all of the Department’s military equipment in preparation to fulfill the obligations set by Assembly Bill 481.

The Department did not add any new military equipment to its inventory since that time.

All current military equipmentinventory was found to be in good shape and working order. 2023/2024 Event or Incident Military Equipment Utilized Case# /
Incident#
Date Equipment
Used
Classification Reason
05/18/2023 Command Post Event Project Hope
06/11/2023 Command Post Event Pride Event
2306200155 06/20/2023 ERV Mutual Aid
Outside assist to Richmond
PD for officer protection in
shooting incident
06/25/2023
Command Post
ERV Event Pinole Car Show
10/03/2023
Command Post
ERV Event National Night Out
10/07/2023 Command Post Event Special Olympics Bike the Bridges

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May 2024 Annual Military Equipment Report for 2023/2024 11 10/31/2023 ERV Event Halloween Caravan
23-1714 11/14/2023 Drone (outside
agency) Incident
Outside agency assist with
drone for wanted domestic
violence subject
12/01/2023 ERV Event Holiday Tree Lighting
12/14 &
12/18/2023
Command Post Event Shop with a Cop / Toy Drive
2312290152 12/29/2023 Command Post DUI Checkpoint
Mutual Aid for Hercules PD
DUI Checkpoint
24-298 03/08/2024
FN 303 MK2 /
Drone (outside
agency)
Incident
Deployed FN 303 MK2 /
Outside agency assist with
drone for barricaded subject
24-512 04/20/24 FN 303 MK2 Incident
Deployed FN 303 MK2 for
subject barricaded in vehicle
with firearm
04/25/24 Command Post Event Project Hope

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May 2024 Annual Military Equipment Report for 2023/2024 12 Projected Military Equipment Acquisition
(2024/2025)
For 2024/2025 (May - April), the Pinole Police Department projects the purchase of COLT AR15/M4 ammunition and FN 303 MK2 projectiles to replenish inventory due to training. The Department anticipates the purchase of two (2) Mavic 3T UAS (drones) with funds approved during the 2023/2024 budget. In addition, we anticipate deferred maintenance for the ERV due to use and age. The estimated purchase price of this equipment and maintenance is approximately $25,400.00. The operating costs of this equipment, which includes acquisition, personnel time, training facilities, transportation/storage of equipment, equipment upgrades, and other ongoing costs is budgeted and allocated within the Department’s approved operating budget for FY2023- 2024 and FY2024-2025.

Military Equipment Projected Purchase
Amount
Projected Purchase Price
.223 62 gr ammunition 7,000 rounds $4,000
FN 303 MK2 Projectiles 300 rounds $1,400
Mavic 3T UAS 2 Drones $12,000
ERV Maintenance $8,000

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AB 481 Qualifying Equipment Inventory: Pinole Police Department Pinole Police Department
April 22, 2024

Training Required: Department provided training.

Fiscal Impacts: Acquired under the Law Enforcement Support Program Office (LESO): $0 for equipment. Annual maintenance cost is approximately $500.

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AB 481 Qualifying Equipment Inventory: Pinole Police Department Pinole Police Department
April 22, 2024
Training Required: Department provided training.

Other Notes: None

3. Equipment Type: Unmanned, remotely piloted, powered aerial or ground vehicles - CA Gov’t Code §7070(c)(1)
Quantity Owned/Sought: 2 Lifespan: Approximately 5 years Equipment Capabilities: Vehicle is capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.

Training Required: FAA Part 107, POST UAS Operator, and Department provided training.

Other Notes: Capabilities include 48 MegaPixel camera, 56x tele zoom, 640x512 thermal sensor, one-way speaker, and spotlight.

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AB 481 Qualifying Equipment Inventory: Pinole Police Department Pinole Police Department
April 22, 2024
Fiscal Impact: Acquired by grant issued by the State of California Office of Traffic Safety under a Traffic Safety Grant. $40,415 for equipment. Annual maintenance cost is approximately $1000.

Legal and Procedural Rules Governing: It is the policy of the department to utilize C&C trailer only for law enforcement purposes and pursuant to State and Federal law.

Training Required: Department provided training.

5. Equipment Type: Semiautomatic Rifles and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned or Sought: 28 Lifespan: 15 years
Purpose/Authorized User: Colt AR-15/M4 Carbine semiautomatic shoulder fired rifle with long spirally grooved barrel that fires .223 Rem/5.56 mm projectile bullet. The rifles are equipped with 10.5” barrel, Surefire muzzle brake, and Surefire SOCOM556-RC2 suppressors. Ammunition is Speer Gold Dot caliber .223 62 grain.

A standard officer issue to be used as a precision weapon to address a threat with more precision and/or greater distances than a handgun, if present and feasible.

Training Required: Department firearms training and qualifications as required by law and policy by POST certified instructors. CA POST certified 24-hour patrol rifle course.

6. Equipment Type: Pepper Ball Launcher and Projectiles - CA Gov’t Code §7070(c)(12) Quantity Owned or Sought: 4 Lifespan: 20 years

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AB 481 Qualifying Equipment Inventory: Pinole Police Department Pinole Police Department
April 22, 2024
Purpose/Authorized User: FN 303 MK2 Less Lethal Launcher utilizing compressed-air to fire less-lethal fin-stabilized projectiles. The FN303 MK2 features a magazine fed system that offers the ability to quickly switch between projectile types. Projectiles: .5% PAVA containing pepper powder designed for direct impact and area saturation, Clear Impact projectile intended for distraction, Washable Paint for training and marking, Indelible Paint projectile intended for marking with indelible colorant for later identification, and Inert Powder projectile for training.

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Provides officers with a less-lethal option in incidents of combative or selfdestructive individuals, riot/crowd control and civil unrest incidents, circumstances where a tactical advantage can be obtained, potentially vicious animals, and training exercises or approved demonstrations.

The FN 303 MK2 is a like for like replacement of the PepperBall VKS Launcher legacy system.

Fiscal Impact:
• FN 303 MK2: $5,080, quantity: 4
• PAVA Projectile: $900, quantity: 150
• Indelible Paint Projectile: $750, quantity: 150
• Washable Paint Projectile: $1,315, quantity: 270
• Inert Powder Projectile: $1,245, quantity: 450
• Magazine Assembly, Slings, and Maintenance Items: $486 • Cases: $1,587, quantity: 4
• Annual maintenance cost is approximately $250
Legal and Procedural Rules Governing: All applicable State, Federal and Local laws governing police use of force. Various Pinole Police Department Policies on Use of Force.

Training Required: Department provided training conducted by POST certified instructors.

Other Notes: None

2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot.

Fiscal Impact:
• Remington 870 Less-Lethal 12-guage Shotgun: $2,200, quantity: 4 • CTS Model 2581 Super-Sock Beanbag Round: $1,090, quantity: 200 • Glass Breaker Ball: $480, quantity: 200

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AB 481 Qualifying Equipment Inventory: Pinole Police Department Pinole Police Department
April 22, 2024
• Annual maintenance $0
Legal and Procedural Rules Governing: All applicable State, Federal and Local laws governing police use of force. Various Pinole Police Department Policies on Use of Force.

Training Required: Department provided training conducted by POST certified instructors.

Other Notes: None

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CITY COUNCIL
REPORT 9.H.

DATE: JUNE 18, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: KAPIL AMIN, SUSTAINABILITY FELLOW

LILLY WHALEN, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: CHAPTER 8.38 "SINGLE-USE PLASTIC FOODWARE AND BAG REDUCTION", SECOND READ AND ADOPTION

RECOMMENDATION
Waive the Second Reading and Adopt Ordinance

BACKGROUND
Single-use plastics have detrimental consequences, not limited to, overwhelming street and Pinole Creek litter, human health impacts, increased reliance on fossil fuels, and unsustainable waste practices. In response, the City Council directed staff to draft an ordinance adding Chapter 8.38 to the Municipal Code to regulate the use of single-use plastic foodware and bags at Pinole businesses. At its regularly scheduled meeting on June 4, 2024, the City Council received a presentation and staff report to conduct a public hearing and a first reading of an ordinance to add Chapter 8.38 “Single-use Plastic Foodware and Bag Reduction” to the Pinole Municipal Code to reduce single-use plastics in the City. See Attachment A. The City Council unanimously voted in the affirmative to approve the ordinance on first reading. If approved on second reading, the ordinance will go into effect on January 1, 2025, pursuant to Section 8.38.160 in the draft Ordinance. Following the effective date the Ordinance provides a six-month reprieve from Code Enforcement action, from January 1 - June 30, 2025.

REVIEW AND ANALYSIS
The Ordinance (Attachment A) has been modified in three instances on pages 9, 10 and 11 to correct three typographical errors:
• Page 9, Section 8.38.120.B and H's intent is to address extensions of time, where "waivers" was inadvertently indicated instead of "extension of time". • Page 11, Section 8.38.170.A had a "/" instead of a "1" in reference to Section 8.38.120.

These changes have been made in track changes to highlight the modifications for the Council and public.

No changes to the draft policy or intent are proposed.

Questions raised by the Council at the first reading of the ordinance are summarized and addressed below.

1. How many opportunities does the Ordinance provide to a business to extend compliance with the Ordinance?
The Ordinance will become enforceable on July 1, 2025. After that time, all businesses in Pinole must either:
• Be in compliance with the Ordinance; or

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• Have requested and received a waiver for an individual item; or • Have requested and received a time extension to comply with the Ordinance overall.

As discussed in detail, below, businesses will have the ability to request a waiver of any individual disposable bag or foodware item for a specified term of up to two years, with a final additional two-year waiver period under extraordinary circumstances, for a total waiver period of up to four total years.

Additionally, businesses will have the ability to request an extension of time to comply with the Ordinance (from the July 1, 2025 compliance deadline), for a term of up to 6-months and a final additional 6-month term under extraordinary circumstances, for a total time extension of up to one-year.

Also noted below, the Ordinance provides the authority to the City Manager or their designee, in certain limited and unique circumstances existing prior to adoption of this ordinance, and where the Food Provider or Retailer demonstrates diligent efforts to comply but, due to economic constraints and/or other unique and extraordinary circumstances, may never be reasonably able to comply, to grant a waiver or time extension for a longer specified term.

Waivers
Pursuant to Section 8.38.050.E, an individual business may request a waiver of any individual disposable bag or footwear item that does not conform to the Disposable Bag and/or Disposable Foodware requirements in Sections 8.38.070 and 8.38.080, respectively.

In order to receive the waiver businesses will be required to demonstrate that no substantially similar items meeting the standards in Section 8.38.80 exist, or that using compliant items would cause undue financial hardship, and that the non-conforming items to be used are recyclable in the City's program, with a preference for aluminum over plastic where feasible. To obtain a waiver for item(s), the Food Provider must provide documentation of good-faith efforts to obtain a substantially similar compliant item at a non-prohibitive price, including correspondence with vendors, responses with specifications and pricing, specifications and pricing for the recyclable non-conforming item, and any other verifiable records demonstrating compliance efforts, noting that reasonable added cost alone is not sufficient grounds for a waiver.

Section D of Chapter 8.38.110, "Waivers--process to obtain," allows the City Manager or their designees to grant waivers based on documentation and, if necessary, independent verification, including site visits.
• Waivers may be granted for up to two years, during which the Food Provider or Retailer must make diligent efforts to comply with the Ordinance.
• The Ordinance provides a possibility of an additional two years under extraordinary circumstances.
• The Ordinance specifies that in unique cases where compliance is deemed permanently infeasible due to economic or other extraordinary circumstances, a longer-term waiver may be granted.
• All waivers will expire if there is a significant remodel exceeding $60,000 or if the Food Provider or Retailer ceases operations at the location.

Time Extensions
Pursuant to Section 8.38.060.C and 8.38.070.H, an individual business may request to extend the period of time when no administrative citation may be issued for violation of a requirement of the Ordinance. To be eligible for an extension of time the Retailer or Food Provider must:
• Employ 10 full time equivalents or less; and

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• Have gross receipts less than $500,000 annually; and
• Provide documentation of good-faith efforts to obtain comply with provisions of Section

8.38.070 in addition to an explanation of why additional time is needed.

Time extensions may be granted for a specified term of up to six months. During the extension term the Food Provider or Retailer shall make diligent efforts to become compliant. Under extraordinary circumstances, should a Food Provider or Retailer demonstrate that, at the close or expiration of a granted time extension term, and with diligent efforts to become compliant, compliance remains infeasible, one final six month extension may be granted.

The Ordinance provides some additional flexibility in certain limited and unique circumstances existing prior to adoption of this ordinance, where the Food Provider or Retailer demonstrates diligent efforts to comply but, due to economic constraints and/or other unique and extraordinary circumstances, may never be reasonably able to comply, the City Manager or their designee may grant a waiver for a longer specified term.

2. What are the repercussions for a business who violates the Ordinance? Violations of the ordinance are subject to Chapter 8.25.020 "Administrative Citations" as indicated in the ordinance under Section 8.38.170 "Liability and Enforcement." • Administrative Citations for the 1st, 2nd, and 3rd violations within the same year are respectively $100, $200, and $500.
• Ultimately, pursuant to PMC Section 5.04.115.A.11, the business license may be revoked for a business in violation of any building, zoning, health, safety, fire, police or other provision of this code or of county, state or federal law which substantially affects the public health, welfare or safety.

3. How will the City verify that a business meets the requirements in Section 8.38.070.H (eligibility requirements to request an extension of time), in particular, that a business has gross receipts less than $500,000 annually?
The City has consulted with HdL, the consultant firm who provides Business License and Tax services for the City, regarding the City's options to verify gross receipts. They have confirmed that they will be able to provide the City with a confidential list of businesses that meet the eligibility, or provide confidential access to their database to confirm eligibility. Staff therefore recommends to enforce this provision of the Ordinance:
1-Require an affidavit signed by the business owner certifying under penalty of perjury that their gross receipts are less than $500,000 annually.
2-Staff then verifies with HdL that the business is exempt, in a manner consistent with confidentiality regulations.

4. How does the Ordinance apply to the City of Pinole, its events and facility users? Section 8.38.150 "City of Pinole - purchases prohibited" prohibits the City or City Facility Users from purchasing any Disposable Foodware that does not comply with the Disposable Foodware Standards in Section 8.38.080, nor shall any City-sponsored event utilize non-compliant Disposable Foodware.

As defined by the Ordinance:
• "City Facility" is any building, structure, vehicle, land or park owned and operated by the City. • "City Facility User" is any person, society, association, organization or special events promoter who requires a permit to use a City facility or a permit or contract to use a plaza, sidewalk, or roadway. • "City Sponsored Event" is any activity that is organized by the City, and any private activity whose

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organizers voluntarily request and receive from the City any endorsement, financial assistance, or similar recognition that is unrelated to any requirements for such an event under applicable law.

Following the adoption of the Ordinance, education will be provided to all City staff, especially those involved in purchasing, event organization, and issuing event permits and rental agreements, to ensure compliance with Section 8.38.150. This will help everyone understand the requirements and purpose of the Ordinance.

Additionally, the Sponsorship policy and facility rental requirements/agreements will be updated to reflect the provisions of the Ordinance.

FISCAL IMPACT
The adoption of this Ordinance is a crucial step towards our city's sustainability goals. It will require increased staff time on education and enforcement, and potentially, increased costs associated with City procurement of compliant disposable foodware items at all City Facilities.

Staff Time
Code Enforcement staff hours will be required for the proactive and reactive enforcement of this Chapter.

Pursuant to Section 8.38.140 "Duties, responsibilities and authority of the City of Pinole" Sustainability Fellow staff hours will be required to provide simple and limited assistance to businesses and make a good faith effort to seek out and provide financially sound resources in forms such as financial assistance, comprehensive technical assistance, advanced technologies, public-private partnerships etc. to Food Providers and Retailers in order to help mitigate any increased costs and knowledge barriers that may arise from the regulation.

Procurement Costs
The Sustainability Fellow will work with each Department to prepare:
• A list of compliant, affordable compostable and reusable foodware products and local suppliers
• A cost-effective estimate for a full inventory conversion to compostable or reusable foodware
Technical Assistance
Staff recommends that the City Council consider the crucial need for more comprehensive technical assistance, which will foster timely and accurate compliance by businesses as well as alleviate the burden on businesses with limited resources. Staff has circulated a request for proposals to learn the precise cost and scope of work of technical assistance provided to businesses. Staff will return at the July 16, 2024 meeting with a recommendation on a budget to fund this comprehensive technical assistance.

ATTACHMENTS
A. Ordinance

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Chapter 8.38

SINGLE-USE PLASTIC FOODWARE AND BAG REDUCTION
Sections:

8.38.010 Findings and Purpose.

8.38.020 Definitions.

8.38.030 Single-use Foodware Accessories.

8.38.040 Consumer-owned Reusable Containers.

8.38.050 Takeout Food.

8.38.060 Reusable Foodware for Dining on the Premises.

8.38.070 Disposable bags.

8.38.080 Disposable Foodware Standards.

8.38.090 Disposable Bag Standards.

8.38.100 Separate Disposable Foodware Waste Receptacles.

8.38.110 Waivers-process to obtain.

8.38.120 Extension of time—process to obtain.

8.38.130 Regulations applicable to all Food Providers and Retailers

8.38.140 Duties, responsibilities and authority of the City of Pinole.

8.38.150 City of Pinole - purchases prohibited.

8.38.160 Effective Date.

8.38.170 Liability and Enforcement.

8.38.180 Severability.

8.38.190 Chapter supersedes existing laws and regulations.

8.38.010 The Council of the City of Pinole finds and declares as follows:

A. Single-use plastics (SUPs) —including bags and foodware (plates, cutlery, cups, lids, straws, “clamshells” and other containers) is a major contributor to street litter, ocean pollution, marine and other wildlife endangerment and loss. A 2022 trash survey of the Pinole Creek found SUPs represented the majority of the debris collected from the creek.

B. The production, consumption and disposal of SUPs contributes significantly to the consumption of fossil fuels and exacerbation of greenhouse gas (GHG) emissions. Plastics are made from chemicals sourced from petrol, gas, or coal. “Recyclable” plastic on average can be recycled two times before attenuating. Over three-fourths of “recyclable” plastic ends up as litter or in the landfill.

C. Plastics in waterways and oceans break down into microplastics which are not biodegradable and can now be found in most of the world's oceans. These microplastics have been detected in human blood and can disrupt normal body processes, increasing health risks.

D. Plastic debris in seawater and freshwater can attract and collect pollutants, which can then accumulate in fish, seafood, and salt that is later consumed by humans. Additionally, some food packaging, such as food contact papers and compostable paperboard containers, may contain harmful fluorinated chemicals that are associated with serious health problems.

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Final Ordinance for June 18, 2024 City Council Adoption Page 2 E. 2011 Bay Area litter survey showed that over two-thirds of trash collected was from take-out food and beverage packaging. In the Bay Area, food and beverage packaging comprises the majority of street litter and is a significant contributor to the total amount of waste entering the waste stream.

F. It is in the utmost interest for the health, safety and welfare of who live, work, visit and do business in the City of Pinole that the consumption of SUPs be reduced.

G. The Pinole Sustainability Element strives for Pinole to become a “Model City” that demonstrates how sustainable practices can be incorporated in the municipal, commercial and residential functions of a city. Reduction of single-use plastic food packaging and bags furthers this goal by eliminating solid waste at its source and maximize reusing, composting and recycling.

H. This Chapter is consistent with the City’s Sustainability Element of the General Plan and the CalRecycle recycling and waste disposal regulations contained in Titles 14 and 27 of the California Code of Regulations.

8.38.020 Definitions.

A. CITY. The City of Pinole.

B. CITY DEPARTMENT. Any governmental subdivision of the City.

C. CITY FACILITY. Any building, structure, vehicle, land or park owned and operated by the City.

D. CITY FACILITY USER. Any person, society, association, organization or special events promoter who requires a permit to use a City facility or a permit or contract to use a plaza, sidewalk, or roadway.

E. CITY MANAGER. The City Manager of the City of Pinole or City Manager's designee.

F. CITY-SPONSORED EVENT. Any activity that is organized by the City, and any private activity whose organizers voluntarily request and receive from the City any endorsement, financial assistance, or similar recognition that is unrelated to any requirements for such an event under applicable law.

G. CONSUMER-OWNED BAG. A reusable customer-brought bag that is specifically designed and manufactured for multiple reuse, is in good performing condition, not unsanitary, and washable.

H. CONSUMER-OWNED CONTAINER. A reusable customer-brought food or beverage container that is in good performing condition, not unsanitary, and in accordance with Section 3- 304.17(B)(1) of the 2017 Food Code.

I. CONDIMENT. means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food or drink item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.

J. DISPOSABLE BAGS. A bag provided at the check stand, cash register, point of sale or other location for the purpose of transporting food or merchandise out of a Retailer or Food Provider.

Disposable Bags do not include Pre-checkout Bags.

K. DISPOSABLE CUP. A beverage cup designed for single use to serve beverages, such as water, cold drinks, hot drinks and alcoholic beverages.

L. DISPOSABLE FOODWARE. All containers, bowls, plates, trays, cartons, boxes, pizza boxes, cups, utensils, straws, lids, sleeves, condiment containers, spill plugs, paper or foil wrappers, liners and

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Final Ordinance for June 18, 2024 City Council Adoption Page 3 any other items used to hold, serve, eat, or drink Prepared Food, which are designed for single use and in which Prepared Food is placed or packaged on a Food Provider’s premises.

M. DISPOSABLE FOODWARE ACCESSORY. Any Disposable Foodware item such as straws, stirrers, napkins and utensils; condiment cups and packets; cup sleeves, tops, lids, and spill plugs; and other similar accessory or accompanying Disposable Foodware items used as part of food or beverage service or packaging.

N. ESTABLISHMENT. A place of business of a food provider or other person subject to the requirements of this Chapter.

O. FOOD PROVIDER. Any establishment located within the City, or any establishment that sells or otherwise provides Prepared Food or beverages within the City for public consumption on or off its premises and includes, but is not limited to, any store, shop, sales outlet, restaurant, bar, pub, coffee shop, cafeteria (with the exception of public school cafeterias), caterer, convenience store, liquor store, grocery store, supermarket, delicatessen, food market, farmer’s market, mobile food preparation truck or vehicle, roadside stand, or any other person or organization who provides Prepared Food. Food provider also includes any organization, group or other person that regularly provides Prepared Food to its members or the general public as a part of its activities or services.

P. PRE-CHECKOUT BAG. A bag provided or sold to a customer to carry produce, bulk food, or other food items to the point of sale inside a store.

Q. PREPARED FOOD. Any food or beverage ready to consume without any further food preparation, alteration or repackaging, other than heating. Prepared food does not include (1) uncooked or raw meat, fish, poultry, or eggs unless provided for consumption without further food preparation; or (2) prepackaged food that is delivered to the food provider wholly encased, contained or packaged in a container or wrapper, and sold or otherwise provided by the food provider in the same container or packaging.

R. TAKEOUT FOOD. Prepared Food which is purchased to be consumed off a Food Provider’s premises. Takeout Food includes Prepared Food carried out by the customer or delivered by a Food Provider or by a Takeout Food Delivery Service.

S. RETAILER. Any establishment that sells perishable and/or non-perishable goods that are packaged for customer takeaway in plastic bags and is not currently regulated by Public Resources Code sec. 42280 et seq.

T. REUSABLE FOODWARE. All foodware, including plates, bowls, cups, trays, containers, glasses, straws, stirrers, condiment cups and utensils, that is manufactured of durable materials and that is specifically designed and manufactured to be washed and sanitized and to be used repeatedly over an extended period of time, and is safe for washing and sanitizing according to applicable regulations.

U. SURCHARGE FEE. A mandatory or discretionary fee charged to a customer requiring Disposable Foodware.

V. TAKEOUT FOOD DELIVERY SERVICE. A third-party delivery service which picks up Takeout Food from a Food Provider and delivers it to the customer for consumption off the premises.

8.38.030 Disposable Foodware Accessories.

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Final Ordinance for June 18, 2024 City Council Adoption Page 4 A. In compliance with Public Resources Code sec. 42270 et seq. Disposable Foodware Accessory items shall be provided only upon request by the customer or at self-serve stations, except that for safety reasons Disposable Cups for delivery by a Food Provider or a Takeout Food Delivery Service may include lids, spill plugs and sleeves without request.

B. In compliance with Assembly Bill 1276, Food Provider and Takeout Food Delivery Services must provide options for customers to affirmatively request Disposable Foodware Accessory items separate from orders for food and beverages across all ordering/point of sale platforms, including but not limited to web, smart phone and other digital platforms, telephone and inperson.

C. Food Providers offering condiments are encouraged to use dispensers rather than pre-packaged disposable condiment packets.

D. Non-adhering items shall only be provided to customers who require them for medical needs.

8.38.040 Consumer-owned Containers.

A. Per Health and Safety Code sec. 114121 et seq., Food Providers, except, as provided in Chapter 11, Temporary Food Facilities of the California Health and Safety Code, Section 114353, are encouraged to allow customers to bring Consumer-owned Containers and maintain sanitary procedures to prevent cross-contamination. Food Providers may refuse, at their sole discretion, any Consumer-owned Containers that are cracked, chipped or corroded, appears inappropriate in size, material, or condition for the intended beverage, or that appears to be soiled or unsanitary.

8.38.050 Takeout Food.

A. Takeout Food shall only be served in Disposable Foodware that conforms to the Disposable Foodware Standards in Section 8.38.080. Takeout Food may also be served in Reusable Foodware made for takeaway as well as Consumer-owned Containers.

B. Disposable Foodware Accessories shall conform with the Disposable Foodware Standards in

8.38.080.

C. Takeout Food Delivery Services shall only deliver Takeout Food from a Food Provider that is served in Disposable Foodware and with Disposable Foodware Accessories, if any were requested, that conform to the Disposable Foodware Standards in 8.38.080.

D. A Food Provider may optionally apply a foodware Surcharge Fee at their own discretion. The intent of the foodware Surcharge Fee is to account for extra expense of complying with this Ordinance. A Food Provider is not required to apply a foodware Surcharge Fee. The following applies if a Food Provider chooses to apply a Surcharge Fee:

1. All foodware Surcharge Fee shall be retained as income by the Food Provider.

2. All customers demonstrating, at the point of sale, a payment card or voucher issued by the California Special Supplemental Food Program for Women, Infants, and Children (WIC) pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the California Health and Safety Code and as amended, or an electronic benefit

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Final Ordinance for June 18, 2024 City Council Adoption Page 5 transfer card (EBT) issued pursuant to Section 10072 of the California Welfare and Institutions Code, shall be exempt from any form of foodware Surcharge Fees.

3. Foodware Surcharge Fees shall be identified separately on any post-sale receipt provided and, pre-sale, shall be clearly identified for the customer on media such as menus, ordering platforms and/or menu boards. Customers placing orders by telephone shall be informed verbally of foodware Surcharge Fees.

E. Notwithstanding the requirements at Section 8.38.050, subsections A-C, a Food Provider may request a waiver or waivers pursuant to Section 8.38.110 for one to all Disposable Foodware item(s).

1. To obtain a waiver for item(s), the Food Provider must demonstrate that:
a. No Disposable Foodware item(s) exists with substantially similar size, performance and/or utility that conforms with the Disposable Foodware Standards in Section 8.38.80 or, if such an item(s) exist, that costs of using such item(s) would cause undue financial hardship; and
b. The non-conforming Disposable Foodware item to be used in lieu of a conforming item is recyclable in the City recyclable collection program with a good-faith effort to prioritize aluminum foodware containers/packaging where practicable above recyclable plastic.

2. To obtain a waiver for item(s), the Food Provider must provide documentation of good-faith efforts to obtain a substantially similar compliant item at a non-prohibitive price. Records of attempts to obtain a compliant item may include:
a. Emails, letters or other correspondence with vendors that furnish compliant Disposable Foodware, seeking the compliant item(s).
b. Responses from such compliant Disposable Foodware vendors including, where applicable, specifications and pricing for such item(s). c. Specifications and pricing for the recyclable non-conforming item sought to be used, demonstrating its substantial superiority and/or affordability, and d. Any other verifiable records which demonstrate a good faith effort to comply with Disposable Foodware Standards for such item(s).

3. Reasonable added cost for a conforming item as compared to a substantially similar recyclable non-conforming item shall not by itself constitute adequate grounds to support a waiver for such item.

F. A Food Provider may request, pursuant to Section 8.38.120, to extend the time period of comply with all provisions of this Section 8.38.050. To be eligible for an extension of time the Food Provider must:
a. Employ 10 full time employees equivalents or less; and b. Have gross receipts less than $500,000 annually
c. Provide documentation of good-faith efforts to obtain comply with provisions of Section

8.38.050 in addition to an explanation of why additional time is needed.

8.38.060 Reusable Foodware for Dining on the Premises.

A. Food Providers are encouraged to maximize Reusable Foodware where practicable and to the extent possible and make a good-faith effort to consider serving customers utilizing Reusable

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Final Ordinance for June 18, 2024 City Council Adoption Page 6 Foodware for consumption on- premise especially if there is dishwashing capacity or potential for on-site dishwashing.

B. If serving customers with Reusable Foodware is not practicable or possible, all Food Providers shall serve dine-in customers utilizing Disposable Foodware that conforms to the Disposable Foodware Standards in Section 8.38.080 and all Disposable Foodware Accessories shall conform with the Disposable Foodware Standards in 8.38.080.

C. A Food Provider may request, pursuant to Section 8.38.120, to extend the time period of comply with all provisions of this Section 8.38.060. To be eligible for an extension of time the Food Provider must:
a. Employ 10 full time equivalents or less; and
b. Have gross receipts less than $500,000 annually; and c. Provide documentation of good-faith efforts to obtain comply with provisions of Section

8.38.060 in addition to an explanation of why additional time is needed.

8.38.070 Disposable Bags.

A. Food Providers and Retailers shall only package goods in bags that conform to the Disposable Bag Standards in Section 8.38.090.

B. Takeout Food Delivery Services shall only deliver Takeout Food from a Food Provider that is bagged in a bag that conforms to the Disposable Bag Standards in 8.38.090.

C. Surcharge Fees for Disposable Bags shall be applied as follows:

1. Retailers shall charge a minimum 15-cent single-use bag Surcharge Fee per Disposable Bag over 5.25”x3.75”x8”. The Surcharge Fee is optional for Disposable Bags of a small size (at or less than 5.25”x3.75”x8”).

2. Food Providers may charge the 15 cent single-use bag Surcharge Fee for Disposable Bags at their own discretion and is not mandatory.

3. The following applies to the application of the Surcharge Fee:
a. All bag Surcharge Fees shall be retained as income by the Retailer or Food Provider. b. All customers demonstrating, at the point of sale, a payment card or voucher issued by the California Special Supplemental Food Program for Women, Infants, and Children (WIC) pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the California Health and Safety Code and as amended, or an electronic benefit transfer card (EBT) issued pursuant to Section 10072 of the California Welfare and Institutions Code, shall be exempt from any form of bag fees. c. Any bag Surcharge Fees shall be identified separately on any post-sale receipt provided and, pre-sale, shall be clearly identified for the customer on media such as menus, ordering platforms and/or menu boards. Customers placing orders by telephone shall be informed verbally of any bag Surcharge Fees.

D. Notwithstanding the requirements at Section 8.38.110, subsections A-C, a Retailer or Food Provider may request a waiver or waivers pursuant to Section 8.38.110 for specific Disposable Bags. To obtain a waiver for item(s), the Retailer or Food Provider must demonstrate that:

1. No Disposable Bag exists with substantially similar size, performance and/or utility that conforms with the Disposable Bag Standards in Section 8.38.090 or, if such an item exists,

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Final Ordinance for June 18, 2024 City Council Adoption Page 7 that costs of using such item would cause undue financial hardship, or Consumer-owned Bags will create health risks from cross-contamination, or regulation will pose health and safety risks and;

2. The Retailer or Food Provider must provide documentation of good-faith efforts to obtain a substantially similar compliant item at a non-prohibitive price.

3. Records of attempts to obtain a compliant item may include:
a. Emails, letters or other correspondence with vendors that furnish compliant Disposable Bags, seeking the compliant item.
b. Responses from such Disposable Bag vendors including, where applicable, specifications and pricing for such item.
c. Specifications and pricing for the non-conforming item sought to be used, demonstrating its substantial superiority and/or affordability, and
d. Any other verifiable records which demonstrate a good faith effort to comply with Disposable Bag Standards for such item.

4. Reasonable added cost for a conforming item as compared to a substantially similar nonconforming item shall not by itself constitute adequate grounds to support a waiver for such item.

E. Consumer-owned Bags shall be accepted by all Retailers unless a waiver exemption is granted and at the discretion of Food Providers.

F. Retailers and Food Providers shall ask consumers if a bag is required and not automatically provide a bag.

G. Pre-checkout bags, such as produce bags, as outlined in and conforming to Public Resources Code sec. 42281.2 must be provided to consumers.

H. A Retailer or Food Provider may request, pursuant to Section 8.38.120, to extend the time period of comply with all provisions of this Section 8.38.070. To be eligible for an extension of time the Retailer or Food Provider must:
a. Employ 10 full time equivalents or less; and
b. Have gross receipts less than $500,000 annually; and c. Provide documentation of good-faith efforts to obtain comply with provisions of Section

8.38.070 in addition to an explanation of why additional time is needed.

8.38.080 Disposable Foodware Standards.

A. Disposable Foodware must be accepted by City’s municipal compost collection programs, except that non-compostable foil wrappers that are accepted in the City of Pinole recyclable collection program may be used for burritos, wraps, and other items that require foil to contain and form the food item. Acceptable material types include natural fiber-based, natural (wood, bamboo, etc.), uncoated paper, etc. Bioplastics, or compostable plastics, are not allowed. Single-sided lamination by plant-derived polylactic acid (PLA) is acceptable. Disposable foodware must be free of added fluorinated chemicals such as perfluoroalkyl and polyfluroalkyl substances (PFAS).

Bleached Disposable Foodware is not allowed. Single-use Foodware from third-party certifying organizations such as the Biodegradable Product Institute is encouraged. Disposable foodware

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Final Ordinance for June 18, 2024 City Council Adoption Page 8 made from post-consumer recycled content and sustainable, regenerative practices are encouraged.

B. The City shall maintain on its website and at City Hall a list of suppliers that offer compliant Disposable Foodware.

C. Changes, if any, to Disposable Foodware Standards shall become effective on January 1 of the next calendar year, and the City shall provide notice of any such changes to Food Providers at least 90 days prior through the email address listed on the most recent Business License for the Food Provider.

8.38.090 Disposable Bags Standards
A. Disposable bags must be made of unbleached paper and with 40% postconsumer recycled content. Single-use bags may also be made of plant starches and must be BPI-certified bags.

Bags must be 100% recyclable and/or compostable.

B. The City shall maintain on its website and at City Hall a list of suppliers that offer compliant Single-use Bags.

C. Changes, if any, to Disposable Bag Standards shall become effective on January 1 of the next calendar year, and the City of Pinole shall provide notice of any such changes to Retailers and Food Providers at least 90 days prior through the email address listed on the most recent Business License for the Retailer or Food Provider.

8.38.100 Separate Disposable Foodware Waste Receptacles.

A. All Food Providers, except Food Providers that provide full bussing service and do not customarily provide waste receptacles for customer use, must provide at least one set of three easily accessed receptacles for discarded items to be composted, recycled, and, if needed, to be landfilled or otherwise wasted for self-bussing customers.

B. To the extent possible given space constraints, all three receptacles should be placed together in the same location.

C. The City shall identify materials accepted for each collection program on the City’s website, and signage must be posted on and/or above each receptacle, indicating the materials to be deposited into such receptacle. Receptacles and signage shall be color-coded as follows:

1. Blue for recyclables

2. Green for compostables

3. Black or gray for items to be landfilled or otherwise wasted D. Food Providers that share premises may share receptacles.

8.38.110 Waivers--process to obtain.

A. The City Manager shall prescribe and adopt rules, regulations and forms for Food Providers or Retailers to obtain full or partial waivers from any requirement of this ordinance that is explicitly subject to waiver.

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Final Ordinance for June 18, 2024 City Council Adoption Page 9 B. Waivers shall be granted by the City Manager or their designees, based upon documentation provided by the applicant and, at the City Manager’s discretion, independent verification, including site visits.

C. The City Manager or their designees shall act on a complete waiver application no later than 60 days after receipt of such application, including mailing written notification of the City Manager’s decision to the address supplied by the applicant.

D. Waivers may be granted for a specified term of up to two (2) years. During the waiver term, the Food provider or Retailer shall make diligent efforts to become compliant. Under extraordinary circumstances, should a Food provider or Retailer demonstrate that, at the close or expiration of a granted waiver term, and with diligent efforts to become compliant, compliance remains infeasible, additional waivers of up to two (2) years each may be granted. It shall be the Food Provider’s or Retailer’s responsibility to apply for any subsequent waivers in a timely manner.

E. Notwithstanding the two (2) year maximum term for waivers set forth in Section 8.38.110(D), in certain limited and unique circumstances existing prior to adoption of this ordinance, where the Food Provider or Retailer demonstrates diligent efforts to comply but, due to economic constraints and/or other unique and extraordinary circumstances, may never be reasonably able to comply, the City Manager or their designee may grant a waiver for a longer specified term.

F. All waivers shall expire automatically in the event of a significant remodel, renovation or other alteration of the premises with a construction valuation that exceeds $60,000 or if the Food Provider or Retailer ceases operations at the location for which the waiver has been granted.

8.38.120 Extension of time—process to obtain.

A. The City Manager shall prescribe and adopt rules, regulations and forms for Food Providers or Retailers to obtain an extension of time to comply with this Chapter.

B. Waivers Extensions of time shall be granted by the City Manager or their designees, based upon documentation provided by the applicant and, at the City Manager’s discretion, independent verification, including site visits.

C. The City Manager or their designees shall act on a complete time extension application no later than 60 days after receipt of such application, including mailing written notification of the City Manager’s decision to the address supplied by the applicant.

D. Time extensions may be granted for a specified term of up to six (6) months. During the extension term the following requirements apply:

1. No administrative citation may be issued for violation of a requirement of this chapter

2. The Food provider or Retailer shall make diligent efforts to become compliant.

E. Under extraordinary circumstances, should a Food provider or Retailer demonstrate that, at the close or expiration of a granted time extension term, and with diligent efforts to become compliant, compliance remains infeasible, one final six (6) month extension may be granted. It shall be the Food Provider’s or Retailer’s responsibility to apply for any subsequent extensions in a timely manner.

F. Notwithstanding the maximum term for extensions set forth in Section 8.38.120(D), in certain limited and unique circumstances existing prior to adoption of this ordinance, where the Food Provider or Retailer demonstrates diligent efforts to comply but, due to economic constraints

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Final Ordinance for June 18, 2024 City Council Adoption Page 10 and/or other unique and extraordinary circumstances, may never be reasonably able to comply, the City Manager or their designee may grant a waiver time extension for a longer specified term.

G. All time extensions shall expire automatically in the event of a significant remodel, renovation or other alteration of the premises with a construction valuation that exceeds $60,000 or if the Food Provider or Retailer ceases operations at the location for which the extension has been granted.

8.38.130 Regulations applicable to all Food Providers and Retailers.

A. Each Food Provider and Retailer shall maintain written records evidencing compliance with this Chapter.

B. All records required by this Chapter shall be made available for inspection by the City Manager or their designated representative. It shall be unlawful for anyone having custody of such records to fail or refuse to produce such records upon request by the City Manager or their designated representative.

8.38.140 Duties, responsibilities and authority of the City of Pinole.

A. The City Manager or their designee shall prescribe, adopt, and enforce rules and regulations relating to the administration and enforcement of this chapter and is hereby authorized to take any and all actions reasonable and necessary to enforce this chapter including, but not limited to, inspecting any Food Provider’s or Retailer’s premises to verify compliance.

B. The City shall, at minimum, provide simple technical assistance and a resource packet to educate Food Providers and Retailers on new regulations and how to be in compliance, and make a goodfaith effort to seek out and provide financially sound resources in forms such as financial assistance, comprehensive technical assistance, advanced technologies, public-private partnerships etc. to Food Providers and Retailers in order to help mitigate any increased costs and knowledge barriers that may arise from the regulation in this chapter.

8.38.150 City of Pinole - purchases prohibited.

The City or City Facility Users shall not purchase any Disposable Foodware that does not comply with the Disposable Foodware Standards in Section 8.38.080, nor shall any City-sponsored event utilize non-compliant Disposable Foodware.

8.38.160 Effective Date.

The provisions of this Chapter shall take effect January 1, 2025.

8.38.170 Liability and Enforcement.

A. Anyone violating or failing to comply with any requirement of this chapter may be subject to an Administrative Citation pursuant to Chapter 8.25.020; however, no administrative citation may

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Final Ordinance for June 18, 2024 City Council Adoption Page 11 be issued for violation of a requirement of this chapter until six months after the Effective Date of such requirement as specified in Section 8.28.150. Pursuant to Section 8.38/.120, eligible Food Providers and Retailers may submit a request to extend the period of time where no administrative citation may be issued for violation of a requirement of this chapter.

B. Enforcement shall include written notice of noncompliance and a reasonable opportunity to correct or to demonstrate initiation of a request for a waiver or waivers pursuant to Section

8.38.110.

C. The City Attorney may seek legal, injunctive, or other equitable relief to enforce this chapter.

D. The remedies and penalties provided in this section are cumulative and not exclusive.

8.38.160 Severability.

If any word, phrase, sentence, part, section, subsection, or other portion of this Chapter, or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed application thereof, shall be severable, and the remaining provisions of this chapter, and all applications thereof, not having been declared void, unconstitutional or invalid, shall remain in full force and effect. The City Council hereby declares that it would have passed this title, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional.

8.38.170 Chapter supersedes existing laws and regulations.

The provisions of this chapter shall supersede any conflicting law or regulations.

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CITY COUNCIL
REPORT 9.I.

DATE: JUNE 18, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: HEATHER BELL, CITY CLERK
SUBJECT: CALL ELECTION FOR CITY COUNCIL SEATS AND CITY TREASURER

SEAT, REQUEST CONSOLIDATION OF THE PINOLE MUNICIPAL
ELECTION ON NOVEMBER 5, 2024 WITH CONTRA COSTA COUNTY, AND

SET SPECIFICATIONS OF THE ELECTION ORDER

RECOMMENDATION
Adopt a resolution to consolidate the Pinole General Municipal Election with Contra Costa County to be held on Tuesday, November 5, 2024, for two City Council seats and City Treasurer and set specifications of the election order contained in the resolution.

BACKGROUND
Since the adoption of Ordinance No. 434 in 1982, the City of Pinole has consolidated with Contra Costa County for election services. The Council must adopt a resolution requesting the Contra Costa Board of Supervisors to consolidate the Pinole General Municipal Election with the election to be held on November 5, 2024.

This resolution authorizes the Contra Costa County Registrar of Voters to provide election services, which include ballot preparation, providing precinct personnel, and canvassing the votes. The resolution contains the Specification Order and establishes the obligations of both offices for their respective duties and charges. The County certifies the election results, which are accepted by the City, following the election.

REVIEW AND ANALYSIS
The City Council must deliver a resolution requesting and consenting to consolidation with the Contra Costa County Board of Supervisors no later than July 3, 2024.

The nomination period for obtaining and/or filing election papers from the City Clerk’s Office runs from Monday, July 15 through Friday, August 9, 2024. The nomination period is extended (for non-incumbents only) to August 14th if an incumbent fails to file nomination papers. Pinole City Hall is closed on Fridays, however the City Clerk will be available to receive nomination papers until 4:30 pm on Friday, August 9th. Potential candidates will be advised that they must make appointments with the City Clerk to pull and file nomination papers.

The County Clerk must deliver official election results to the City no later than 30 days following the election. Newly elected or re-elected Council members may be installed after receipt and acceptance of the certification of election.

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CANDIDATE’S STATEMENT
California Elections Code Section 13307 provides for a candidate statement, which is voluntary, for candidates seeking local elective office. This candidate statement may include the name, age and occupation of the candidates and a brief description, of no more than 250 words, of the candidate’s education and qualifications expressed by the candidate. The section also provides that:

1. The “local governing body of the local agency” (City) may authorize an increase from 250 words to 400 words.

2. The City requires that each candidate filing a candidate statement pay the cost in advance as a condition of having his or her statement published in the voter pamphlet.

The attached resolution follows the long-standing policy for a 250-word Statement of Qualifications. According to the Contra Costa County Elections Department, for this election the cost for a Statement of Qualifications is approximately $393.00. The County has not yet finalized the cost. Final costs for candidate statements will be reflected in the nomination paperwork and candidate guide that is provided by the City Clerk. This fee is based on one 250-word statement, per candidate, in English, Spanish and Chinese, as required by the code.

The City of Pinole will collect the cost from each candidate submitting a statement.

TIE VOTE
The resolution references Pinole Ordinance 2004-08, which requires a special election in the event of a tie.

LOCAL VOLUNTARY CANDIDATE EXPENDITURE LIMITS
In 2008, the Council approved, by minute order, a voluntary campaign expenditure limit of $12,000 per election or election cycle. This is strictly voluntary and a candidate can either elect to sign to comply with the limit, or sign that they received the form and elect not to maintain the expenditure limit. The form will be made part of the Candidate Packet.

FISCAL IMPACT
The County’s estimate for election services is approximately $1.75 per registered voter.

Pinole’s registered voter population, per the February 22, 2024 District Registration Report, is 12,403. Based on that count, the estimated cost would be $21,446.25 plus other publication and printing costs borne directly by the City of Pinole. The final count will be based on the last certification by the Secretary of State approximately 60 days prior to the election. Staff has budgeted $22,500 in the preliminary FY 2024/25 budget for election expenses.

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ATTACHMENTS
A. Resolution

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RESOLUTION NO. 2024-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF

CONTRA COSTA, STATE OF CALIFORNIA, REQUESTING AND CONSENTING TO

CONSOLIDATION WITH CONTRA COSTA COUNTY FOR THE PINOLE MUNICIPAL ELECTION ON NOVEMBER 5, 2024 AND SETTING SPECIFICATIONS OF THE

ELECTIONS ORDER
WHEREAS, Section 1.05.010 of the Pinole Municipal Code provides for a general municipal election to be conducted on the day of the statewide general election, the first Tuesday after the first Monday in November of each even-numbered year; and WHEREAS, Elections Code Section 10400 provides that the City Council may request the County Board of Supervisors to consolidate said general municipal election with the statewide general election; and
WHEREAS, Elections Code Section 10242 provides that the governing board shall determine the hours of opening and closing the polls; and WHEREAS, the City Council has ordered a Municipal Election to be held on Tuesday, November 5, 2024 to fill certain municipal offices; and WHEREAS, other elections may be held in whole or in part of the territory of the city and it is to the advantage of the City to consolidate pursuant to Elections Code Section 10002; and
WHEREAS, Elections Code Section 10002 requires the City to reimburse the County in full for the services performed upon presentation of a bill to the City by the County Elections Official; and
WHEREAS, Elections Code Section 13307 requires that before the nominating period opens the governing body must determine whether a charge shall be levied against each candidate submitting a candidate’s statement to be sent to the voters; may estimate cost; and determine whether the estimate cost be paid in advance; and WHEREAS, Elections Code Section 12101 requires the publication of a notice of the election once in a newspaper of general circulation in the city; WHEREAS, a tie-vote shall be determined by conducting a special runoff election pursuant to Section 15651(b) of the State of California Elections Code, and Pinole Municipal Code Section 1.05.020.

NOW, THEREFORE, BE IT RESOLVED

1. The Pinole City Council hereby calls for a General Municipal Election to be held on Tuesday, November 5, 2024.

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2. Pursuant to the provisions of Sections 10400, 10402 and 10403 of the Elections Code of the State of California, it is in the best public interest to consolidate the Pinole General Municipal Election with the Statewide Election to be held on November 5, 2024; and

3. That the Contra Costa County Elections Department is authorized to specify the location for the tally of ballots, and canvass and certify the results to the City Clerk of the City of Pinole.

NOW, THEREFORE, BE IT FURTHER RESOLVED AND ORDERED by the Pinole City Council that an election be held in accordance with the following:

SPECIFICATIONS OF THE ELECTION ORDER

1. The Election shall be held on Tuesday, the 5
th day of November 2024. The
purpose of the election is to choose candidates for the following seats:

Two (2) Council Members
Term: Four (4) years
December 2024 – November 2028*
*Specific dates are dependent on the date of the certification of the election results in 2024 City Treasurer
Term: Four (4) years
December 2024 – November 2028*
*Specific dates are dependent on the date of the certification of the election results in 2024

2. This Pinole City Council hereby requests and consents to the consolidation of this election with other elections, which may be held in whole or in part of the territory of the city, as provided in Elections Code 10002.

3. The City will reimburse the County for the actual cost incurred in conducting the election upon receipt of a bill stating the amount due as determined by the County Elections Official.

4. The Pinole City Council has determined that the Candidate will pay for the Candidate’s Statement. The Candidate’s Statement will be limited to two hundred fifty (250) words. As a condition of having a Candidate’s Statement published in the voter information guide, the candidate shall pay the cost which is estimated at of $393.00, at the time of filing.

5. The City of Pinole is responsible to publish the Notice of Election in the East Bay Times, which is a newspaper of general circulation that is published daily in the city.

6. The City Council has determined that the action to be taken in the event of a tie vote is as follows, pursuant to Ordinance 2004-08 approved on August 3, 2004, and codified as Section 1.05.020 of the Pinole Municipal Code:
“1.05.020 Tie Vote.
a. Whenever an election for the position of Council Member results in a “tie

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vote,” defined herein as an occurrence where two or more candidates receive an equal number of votes and the highest number of votes and the number of “tied” candidates exceeds the number of positions available to be filled, the City Council shall conduct a special runoff election pursuant to Section 15651(b) of the Elections Code of the State of California.
b. Pursuant to Section 15651(b), the City Council shall call for the runoff election to be held on a Tuesday not less than forty (40), nor more than one hundred twenty- five (125) days after the administrative or judicial certification of the election that resulted in a tie vote. The City Council shall direct the City Clerk to conduct all necessary steps and expend the funds necessary to conduct the runoff election.
c. If a regular election is to be held within that time period, the special runoff election shall be held on the same day as, and consolidated with, the regular election.”

7. The City directs that a certified copy of this Resolution be forwarded to the Registrar of Voters, and the Board of Supervisors of Contra Costa County.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 18th day of June 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 18th day of June, 2024.
____________________________
Heather Bell, CMC
City Clerk

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CITY COUNCIL
REPORT 9.J.

DATE: JUNE 18, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: LILLY WHALEN, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: ADOPT RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO

EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT WITH CLIENT

FIRST TECHNOLOGY CONSULTING TO PROVIDE PROFESSIONAL

SUPPORT SERVICES RELATED TO INSTANT SOLAR PERMITTING

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution that:

1. Authorizes the Interim City Manager to execute the first amendment to the Consultant Services Agreement with Client First Technology Consulting to increase the consulting fees for the establishment of Instant Residential Solar pursuant to SB 379 by $35,000; and

2. Appropriate $35,000 from the Building and Planning fund to support the project. The entire appropriation will be eligible for reimbursement from the State of California pursuant to the CalAPP grant the City received in 2022 (accepted by the City Council in 2023).

BACKGROUND
The City of Pinole adopted an electronic permit tracking system in 1999. This software tracked building and planning permits, code enforcement cases, and business licenses. In 2018, Central Square Technologies acquired the software and now offers a cloud-based "Community Development Suite" to replace the old system.

On June 7, 2022, the City Council approved contracts to upgrade to this new system, which automates workflows, provides remote access for field staff, and offers 24/7 online access for citizens to manage projects, permits, and licenses.

Since February 2022, Client First Technology Consulting has assisted with contract negotiations, system configuration, and data migration. The new system launched for staff use in November 2023, and the public-facing portal is set to launch in July 2024. The new software will produce faster turnaround times, more efficient staff use, reduced redundancies, and less reliance on paper records.

On January 16, 2024, the City Council authorized the Interim City Manager to execute a Consulting Services Agreement with Client First Technology Consulting for $100,000 for system administration and GIS maintenance through June 2024 (Attachment C). Part of this

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work ($5,000) includes configuring an automatic online solar permit system to comply with SB 379 by September 2024. The City received a $40,000 state grant (CalAPP) to support this project.

REVIEW AND ANALYSIS
On September 16, 2022, Senate Bill (SB) 379 was approved by California Governor Gavin Newsom to establish instantaneous plan review practices and create consistent permitting processes at cities and counties for automated permitting of residential solar and energy storage systems. The City has partnered with the software company Symbium (under a nocost to City agreement) to establish an automated permitting platform that complies with the requirements of SB 379. Contractors and homeowners seeking to pull permits under SB 379 will be able to apply for instantaneous plan review approval via this Symbium portal once the configuration has been completed.

ClientFirst has been working closely with Symbium and City staff to integrate the Symbium system with the City’s Community Development system, ensuring a smooth customer experience and efficient staff workflow. They are also helping to develop and implement the revision process for instant solar permits. However, the work needed is more extensive than initially expected, and an additional $35,000 is required to complete the project. This extra funding is fully covered by the California Automated Permit Processing Program (CalAPP) grant. Initially, only $5,000 was requested by ClientFirst for this work, so an adjustment is necessary.

FISCAL IMPACT
The total additional cost to increase the contract is $35,000. These costs will be allocated from the Planning and Building Fund to support ClientFirst's services. The Community Development Department will be fully reimbursed for these expenses through the CalAPP grant. The CalAPP encumbrance deadline is June 30, 2024, which will be met in order to take advantage of the full grant amount.

ATTACHMENTS
A. Resolution with Exhibit A
B. Client First Proposal
C. Original Contract

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE APPROVING AN

AMENDMENT TO THE CONTRACT WITH CLIENT FIRST TECHNOLOGY
CONSULTING AND APPROPRIATES $35,000 FROM THE PLANNING & BUILDING FUND TO SUPPORT INSTANT SOLAR PERMITTING PURUSANT TO SB 379 WHEREAS, the City of Pinole implemented an electronic permit tracking system in 1999, tracking building and planning permits, code enforcement cases, and business licenses, which was subsequently acquired by Central Square Technologies in 2018, offering a cloud-based "Community Development Suite" as a replacement;and WHEREAS, on June 7, 2022, the City Council approved contracts to upgrade to the new system, facilitating automated workflows, remote access for field staff, and 24/7 online access for citizens to manage projects, permits, and licenses; and WHEREAS, Client First Technology Consulting has provided assistance since February 2022 with contract negotiations, system configuration, and data migration, resulting in the launch of the new system for staff use in November 2023, with the publicfacing portal set to launch in July 2024, promising faster turnaround times, more efficient staff use, reduced redundancies, and less reliance on paper records; and WHEREAS, on January 16, 2024, the City Council authorized the Interim City Manager to execute a Consulting Services Agreement with Client First Technology Consulting for $100,000 for system administration and GIS maintenance through June 2024, part of which ($5,000) includes configuring an automatic online solar permit system to comply with SB 379 by September 2024, supported by a $40,000 state grant (CalAPP); and
WHEREAS, Senate Bill (SB) 379, approved on September 16, 2022, by California Governor Gavin Newsom, mandates instantaneous plan review practices and consistent permitting processes for automated permitting of residential solar and energy storage systems, leading the City to partner with Symbium with assistance by ClientFirst to establish an automated permitting platform; and
WHEREAS, due to the extensive work required, an additional $35,000 is necessary to complete the project, fully covered by the California Automated Permit Processing Program (CalAPP) grant, with an adjustment from the initially requested $5,000 by ClientFirst for this work;
WHEREAS, to support the work of implementation of the instant solar permitting system, additional IT consulting services from Client First is desired in the amount of $35,000; and
WHEREAS, additional funding from the Planning and Building Fund will be required to support the project and meet the project schedule.

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NOW THEREFORE, BE IT RESOLVED, that the above recitals are true and correct and made part of this resolution.

BE IT FURTHER RESOLVED that the City Council of the City of Pinole takes the following actions:
1- The Interim City Manager to amend a Consultant Services Agreement with First Client (Exhibit A, herein) in an amount not to exceed an additional $35,000 for services associated with instant solar permit configuration, in a form approved by the City Attorney; and
2- Amend the FY23/24 budget to appropriate $35,000 from the Planning and Building Fund to support Client First's services.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the ____ day of ______, 20__ by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I, hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the ____ day of ______, 20__
____________________________________
Heather Bell, CMC
City Clerk

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EXHIBIT A
AMENDMENT No. 1 TO THE

CONSULTING SERVICES AGREEMENT

BETWEEN THE CITY OF PINOLE AND

CLIENT FIRST TECHNOLOGY CONSULTING
This Amendment to the Consulting Services Agreement (the “Amendment”), is made by and entered into between the City of Pinole, a California municipal corporation, (“City”) and Client First Technology Consulting (“Consultant”) (together sometimes referred to as “Parties”) as of the date executed below.

RECITALS
WHEREAS, the Parties previously entered into a Consulting Services Agreement dated January 26, 2024 (the “Agreement”) with a Scope of Services in Exhibit A and total compensation in Section 2, with the term of the contract to end on June 30, 2024 unless otherwise extended as provided for in Section 8.2 of the Agreement; and WHEREAS, the Parties now wish to modify the Scope of Services and increase the total compensation in Section 2 by Thirty-Five Thousand Dollars ($35,000) to a total not to exceed amount of One Hundred and Thirty-Five Thousand ($135,000); and NOW, THEREFORE, in consideration of the mutual covenants contained herein and good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

Effect of Amendment. The terms and conditions of this Amendment are intended by the Parties to modify the Agreement. To the extent there is any inconsistency between the terms of this Amendment and the terms of the Agreement and/or its Appendix, the terms of this Amendment shall control.

Exhibit A of the Agreement shall be amended to include the Consultant’s scope of work listed on page 1 of the Consultant’s proposal May 14, 2024 to provide an extension of Land Management System Implementation Services pertaining to instant solar permit applications; and
Section 2 of the Agreement shall be amended to increase the total fee by Thirty-Five Thousand Dollars ($35,000) to a total not to exceed amount of One Hundred and Thirty-Five Thousand ($135,000);
With the exception of the foregoing, all other terms and conditions in the Service Agreement, as previously amended, remain in force and effect.

The Parties have executed this Amendment to the Agreement as of the date signed by the City.

City of Pinole Contractor

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___________________________
Neil Gang, Interim City Manager
Dated: __________________
___________________________
David W. Krout, Managing Partner
Dated: __________________
Attest:
___________________________
Heather Bell, City Clerk
Approved as to Form:
___________________________
Eric S. Casher, City Attorney

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OPTIMAL TECHNOLOGY GUIDANCE
California • Illinois • North Carolina • Texas • 800.806.3080 • Fax 888.478.0495 1 | 2
May 14, 2024
Ms. Lilly Whalen
Director of Community Development
City of Pinole
2131 Pear Street
Pinole, CA 94564
RE: Proposal for an Extension of Land Management System Implementation Assistance pertaining to Solar Permit Applications
Dear Ms. Whalen:

Please accept this letter as our proposal for ClientFirst to provide an extension of Land Management System Implementation Assistance Services pertaining to Solar Permit Applications.

Scope of Work
The deliverables for this proposal extend the services included in the Agreement for Services dated December 14, 2023, with the City of Pinole. The existing services are being extended to provide additional assistance to the City specific to the launch of the Solar Permit applications.

These services are covered by the California Automated Permit Processing Program (CalAPP) grant for $40,000; only $5,000 was originally requested and approved by the City Council.

Fees
Our professional fees are based on the estimated time required to complete the consulting requests and the individuals performing the specific elements of those requests. Travel, if necessary, will be invoiced at cost and will be submitted to the City for approval prior.

This engagement will be billed on a time-and-materials basis using the hourly rates outlined below, which remain at the original contracted rates. Consulting fees for this extension are estimated at $35,000. This estimation assumes Solar Permit will Go Live and support through the end of June 2023.

Alternative scope changes and fee adjustments are possible and are dependent on specific project needs and staff resources and capabilities. If the nature or scope of our work should change significantly during the project, we would discuss such matters and their effect on our fees and obtain written approval before proceeding.

The following is an estimated hourly rate schedule for consulting services covered by this extension:

Summary Rates
Time-and-Materials
Consultant Level Hourly Rate
Implementation Project Manager (PM) $ 195
Implementation Director (Dir) $ 210

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Land Management System Implementation Assistance Extension

CLIENTFIRST TECHNOLOGY CONSULTING

OPTIMAL TECHNOLOGY GUIDANCE
2 | 2
Billing Terms
Invoices will be submitted monthly with detailed descriptions of the services rendered and hours invoiced.

Payment is expected within thirty (30) days after the receipt of the invoice.

If you have any questions, feel free to contact me at 951.739.7989 or via email at [email protected] for additional information. We appreciate the continued opportunity to serve the City of Pinole.

Sincerely,
David Krout
Managing Partner
Management Consulting Practice Leader

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Consulting Services Agreement between
City of Pinole and Client First Consulting
January 26, 2024

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CONSULTING SERVICESAGREEMENT BETWEEN

THE CITY OF PINOLE AND

CLIENT FIRST TECHNOLOGY
THIS AGREEMENT for consulting services is made by and between the City of Pinole (“City”) and Client First Technology Consulting (“Consultant”) (together sometimes referred to as the “Parties”) as of January 26, 2024 (the “Effective Date”) in Pinole, California.

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2024, and Consultant shall complete the work described in Exhibit A by that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a professional manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.

Section 2. COMPENSATION. City hereby agrees to pay Consultant an amount not to exceed ONE HUNDRED THOUSAND DOLLARS ($100,000), for all work set forth in Exhibit A and all reimbursable expenses incurred in performing the work as indicated in Section 2.6. In the event of a conflict between this Agreement and Consultant’s proposal regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement.

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Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person.

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
▪ The beginning and ending dates of the billing period; ▪ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
▪ At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
▪ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;
▪ The Consultant’s signature.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

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In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the following fee schedule attached hereto as Exhibit B.

2.6 Reimbursable Expenses. There are no reimbursable expenses.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in Exhibit C, and only under the terms and conditions set forth therein.

Section 4. INSURANCE REQUIREMENTS. Before beginning any services under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant’s bid or proposal. Consultant shall be fully responsible for the acts and omissions of its subcontractors or other agents.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Consultant is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement.

4.2 Commercial General and Automobile Liability Insurance.

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4.2.1 General requirements. Consultant, Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000) per occurrence and FOUR MILLION DOLLARS ($4,000,000) aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.

4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) covering any auto (Code 1), or if Consultant has no owned autos, hired (code 8) and nonowned autos (Code 9). No endorsement shall be attached limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis.
b. City, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work or operations; or automobiles owned, leased, hired, or borrowed by the Consultant. Coverage can be provided in the form of an endorsement to the Consultant’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant’s insurance and non-contributing. d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately. e. Consultant agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount.

4.3 Professional Liability Insurance.

4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence or claim covering the Consultant’s errors and omissions.

4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:

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a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.

4.4 All Policies Requirements.

4.4.1 Submittal Requirements. Consultant shall submit the following to City prior to beginning services:
a. Certificate of Liability Insurance in the amounts specified in this Agreement; and
b. Additional Insured Endorsement as required for the General Commercial and Automobile Liability Polices.

4.4.2 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

4.4.3 Deductibles and Self-Insured Retentions. Insurance obtained by the Consultant shall have a self-insured retention or deductible of no more than ONE HUNDRED THOUSAND DOLLARS ($100,000).

4.4.4 Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein, and Consultant shall ensure that City, its officers, DocuSign Envelope ID: 4B5AFFF3-BC4D-4509-8F6B-075DEC16C224

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officials, employees, agents, and volunteers are covered as additional insured on all coverages.

4.4.7 Excess Insurance. If Consultant maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Consultant.

4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: 1) obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 2) order Consultant to stop work under this Agreement and withhold any payment that becomes due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof; and/or 3) terminate this Agreement.

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.

5.1 General Indemnification. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, subcontractors and subcontractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs, including reasonable attorneys’ fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by City or its directors, officials, officers, employees, agents or volunteers. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. This Section 5.1 shall survive any expiration or termination of this Agreement.

5.2 PERS Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System DocuSign Envelope ID: 4B5AFFF3-BC4D-4509-8F6B-075DEC16C224

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(PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGALREQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, DocuSign Envelope ID: 4B5AFFF3-BC4D-4509-8F6B-075DEC16C224

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Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

7.5 Pinole Business License. Consultant shall obtain a City of Pinole business license according to the terms of Title 5 of the City of Pinole Municipal Code and deliver to City proof of such business license prior to beginning work under this Agreement. Work under this Agreement cannot begin until the City receives proof that Consultant has obtained a City of Pinole business license.

7.6 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION ANDMODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall be specified in writing by the City. Consultant understands and agrees that if City issues such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the City, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

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8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique professional competence, experience, and specialized professional knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the personal reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the City.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.

8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall included, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;

8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

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9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.

9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.

Section 10 MISCELLANEOUSPROVISIONS.

10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Contra Costa or in the United States District Court for the Northern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

10.6 Use of Recycled Products. Consultant shall endeavor to prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

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10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 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 the City. If Consultant was an employee, agent, appointee, or official of the 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 services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

Consultant will comply with all conflict of interest laws and regulations including, without limitation, City’s Conflict of Interest Code (on file in the City Clerk’s Office). It is incumbent upon the Consultant or Consultant’s firm to notify the City pursuant to section 10.10 Notices of any staff changes relating to this Agreement. a. In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of Consultant(s), unless as indicated in Subsection b., will be performing a very limited and closely supervised function, and, therefore, are unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of Consultant, except as indicated in Subsection b.

Initialed by City Attorney’s Office
b. In accomplishing the scope of services of this Agreement, Consultant(s) will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultant’s work product will be presented, either written or orally, for the purpose of influencing a governmental decision. As a result, the following Consultant(s) shall be subject to the Disclosure Category “1-5” of the City’s Conflict of Interest Code:

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10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.9 Contract Administration. This Agreement shall be administered by The Community Development Director who shall act as the City’s representative. All correspondence shall be directed to or through the Community Development Director or his or her designee.

10.10 Notices. Any written notice to Consultant shall be sent to:

David Krout
1250 Corona Pointe Court
Suite 201
Corona, Ca 92879
Any written notice to City shall be sent to:

City Manager
City of Pinole
2131 Pear Street
Pinole, CA 94564

10.1 Professional Seal. Where applicable in the determination of the City, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation.

10.2 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. All exhibits attached hereto are incorporated by reference herein.

10.3 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. ///
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The Parties have executed this Agreement as of the Effective Date.

CITY OF PINOLE CONSULTANT
Neil Gang, Interim City Manager David Krout, Managing Partner Consultant’s City of Pinole Business
License #:_
Attest:

Heather Bell, City Clerk
Approved as to Form:

Eric S. Casher, City Attorney
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EXHIBIT A

SCOPE OF SERVICES
The Consultant’s scope of services will include the scope of work listed on pages 4-7 of the Consultant’s proposal of December 14, 2023 (Exhibit D) and any modifications or additions agreed to by the Parties.

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Consulting Services Agreement between
City of Pinole and Client First Consulting
January 26, 2024

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EXHIBIT B

COMPENSATION SCHEDULE AND HOURLY FEES
The fees charged by Consultant for work performed on an hourly basis shall not exceed the hourly rates shown in the fee proposal contained on page 8 of the Consultant’s proposal of December 14, 2023 (Exhibit D) DocuSign Envelope ID: 4B5AFFF3-BC4D-4509-8F6B-075DEC16C224

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Consulting Services Agreement between
City of Pinole and Client First Consulting
January 26, 2024

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EXHIBIT C

CITY-FURNISHEDFACILITIES
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

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Consulting Services Agreement between
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January 26, 2024

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EXHIBIT D
DECEMBER 14, 2023 CLIENT FIRST PROPOSAL
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CITY COUNCIL
REPORT 9.K.

DATE: JUNE 18, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: LILLY WHALEN, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO

EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT WITH

STRATEGIC ENERGY INNOVATIONS (SEI) TO EXTEND THE CLIMATE

FELLOW CONTRACT BY TWO MONTHS

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution that authorizes the City Manager to execute the first amendment to the Consultant Services Agreement with Strategic Energy Innovations (SEI) to extend the 10-month agreement by two months for continued Sustainability Fellow services through August 2024.

BACKGROUND
In July of 2023 the City Council authorized the City Manager to enter into a contract with Strategic Energy Innovations (SEI), a non-profit with a mission to “inspire and empower to advance solutions for a thriving, healthy planet” to support a Climate Corps Fellow through SEI’s Climate Corps Program. This was the second year that the City partnered with SEI for a Climate Corps Fellow. Climate Corps is an award-winning fellowship program that gives professional development opportunities to emerging leaders through the implementation of sustainability and resiliency projects with local governments, nonprofits, and businesses. The program typically provides 10 months of Fellowship service. However, the contract can be extended if the Fellow is willing. Climate Corps simultaneously addresses climate and sustainability projects and cultivates the next generation of environmental leaders. The primary work of the Pinole Climate Corps Fellow (referred to as Pinole’s Sustainability Fellow) is to help develop the Climate Action and Adaptation Plan (CAAP) and also support a number of other important City sustainability initiatives.

REVIEW AND ANALYSIS
Pinole Sustainability Fellow Kapil Amin was placed in Pinole in September 2022. In working with the City’s Community Development Department along with regional partners, Sustainability Fellow Amin has represented the City on all things related to sustainable planning, from developing an Environmentally Preferable Purchasing Policy to assisting with the development of the Active Transportation Plan.

Fellow Amin has also made great strides in guiding the development of the City’s first CAAP, including data analysis, document review, report drafting, community presentations, social

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media development, and communication management. After public review of the draft Plan in April of 2024, the Plan is being brought forward to the Council for adoption on August 6, 2024.

Following adoption, the Sustainability Fellow will be responsible for leading implementation efforts of the CAAP.

Additionally, Sustainability Fellow Amin has been leading the City’s outreach efforts in the development of regulations related to single-use plastics in the City, including the development and distribution of multiple surveys to residents and businesses, designing and hosting a Single Use Plastics Expo, and developing draft ordinance language. The Council conducted a first read of the Ordinance on June 4, 2024 and is anticipated to consider adoption of the Ordinance on June 18, 2024. Following adoption, the Sustainability Fellow will begin to educate businesses on the new regulations and coordinate technical assistance options.

In order to continue the positive momentum created by Sustainability Fellow Amin and keep projects on track, staff recommends the City Council authorize the City Manager to extend the SEI contract so that Fellow Amin can continue to work with the City under the SEI contract through August 31, 2023.

Staff is currently evaluating the need for a Sustainability Project Manager to carry out the implementation activities discussed above. This would be a limited-term position funded by existing budget funds for the Sustainability Fellow supplemented by Planning and Building funding.

FISCAL IMPACT
The total additional cost to extend the contract by two months is Eleven Thousand Two Hundred and Thirty Dollars ($11,000). These costs are already allocated in the proposed FY24/25 budget.

ATTACHMENTS
A. Resolution with Exhibit A
B. Original Agreement

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE AUTHORIZING

THE CITY MANAGER TO AMEND A CONSULTANT SERVICES AGREEMENT WITH

STRATEGIC ENERGY INNOVATIONS (SEI) TO EXTEND THE ASSIGNMENT OF A CLIMATE ACTION FELLOW BY TWO MONTHS (THROUGH AUGUST 2024) WHEREAS, the City’s leading planning document addressing Climate Change is the Sustainability Element of the General Plan, last updated in 2010; and WHEREAS, in 2016 the State of California adopted Senate Bill 32, which establishes new greenhouse gas emissions targets for 2030 (40% below 1990 levels) and 2050 (80% below 1990 levels) and Senate Bill 379, which requires cities to address climate adaptation and effectively plan for the impacts of climate change; and WHEREAS, in 2018 Governor Brown issued Executive Order B-55-18, establishing a new statewide goal to achieve carbon neutrality as soon as possible, and no later than 2045, and achieve and maintain net negative emissions thereafter; and WHEREAS, on October 19, 2021, the City Council adopted Resolution No. 2021- 93, which declared a climate emergency, directed staff to complete a greenhouse gas (GHG) emissions inventory, and directed staff to prepare a Climate Action Plan (CAP) that includes GHG emission reduction goals that align with the State’s GHG emission reduction goals of SB 32 and Executive Order B-55-18; and WHEREAS, Climate Corps is an award-winning fellowship program that provides professional development opportunities for emerging leaders through implementation of sustainability and resiliency projects with local governments, nonprofits, and for-profit businesses; and
WHEREAS, Strategic Energy Innovations (SEI), is an environmental nonprofit that offers a Climate Corps program and partners with schools, communities, and businesses to develop a sustainability leadership pathway from elementary school to early career to create thriving, resilient communities; and
WHEREAS, the City entered into a Consulting Service Agreement (the “Agreement”) with SEI on September 1, 2023 to support a full time Climate Corps Fellow for 10 months (from September 2023 through June 2024) to augment and provide costeffective staff support for work related to the development of Climate Action and Adaptation Plan (CAAP) and other sustainability-related initiatives; and WHEREAS, the City and SEI desires to amend the Agreement to extend the contract term through August 31, 2024; and
WHEREAS, funding to extend the service term by two months in the amount of $11,000 is budgeted in the draft FY24/25 budget.

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NOW THEREFORE, BE IT RESOLVED, that the above recitals are true and correct and made part of this resolution.

BE IT FURTHER RESOLVED that the City Council of the City of Pinole authorizes the City Manager to amend a Consultant Services Agreement with SEI (Exhibit A, incorporated herein) in the following manner:
a. Increase the total compensation in Section 2 in an amount not to exceed an additional Eleven Thousand Dollars ($11,000), to a total not to exceed amount of Sixty-Thousand Dollars ($60,000), for the continued engagement with a Climate Action Fellow to implementation of the CEQA-Qualified Climate Action and Adaptation Plan and other sustainability initiatives during FY24/25; and
b. Extend the term of the Agreement through August 31, 2024 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 18th day of June, 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I, hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 18th day of June, 2024
____________________________________
Heather Bell, CMC
City Clerk

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EXHIBIT A:

AMENDMENT No. 1 TO THE

CONSULTING SERVICES AGREEMENT

BETWEEN THE CITY OF PINOLE AND

STRATEGIC ENERGY INNOVATIONS
This Amendment to the Consulting Services Agreement (the “Amendment”), is made by and entered into between the City of Pinole, a California municipal corporation, (“City”) and Strategic Energy Innovations (SEI) (“Consultant”) (together sometimes referred to as “Parties”) as of the date executed below.

RECITALS
WHEREAS, the Parties previously entered into a Consulting Services Agreement dated September 1, 2023 (the “Agreement”) with a Scope of Services in Exhibit A and total compensation in Section 2, with the term of the contract to end on June 30, 2024 unless otherwise extended as provided for in Section 8.2 of the Agreement; and WHEREAS, the Parties now wish to increase the total compensation in Section 2 by Eleven Thousand Dollars ($11,000) to a total not to exceed amount of Sixty-Thousand Dollars ($60,000) and extend the term of the Agreement through August 31, 2024; and NOW, THEREFORE, in consideration of the mutual covenants contained herein and good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Term. Section 1.1 and Exhibit B of the Agreement shall be amended to extend the contract term through August 31, 2024.

2. Compensation. Section 2 and Exhibit B of the Agreement shall be amended to increase the total compensation in Section 2 by Eleven Thousand Dollars ($11,000) to a total not to exceed amount of Sixty-Thousand Dollars ($60,000).

3. Effect of Amendment. The terms and conditions of this Amendment are intended by the Parties to modify the Agreement. With the exception of the foregoing, all other terms and conditions in the Service Agreement, as previously amended, remain in force and effect. To the extent there is any inconsistency between the terms of this Amendment and the terms of the Agreement, the terms of this Amendment shall control.

4. Effective Date. This Amendment will become effective June 30, 2024.

The Parties have executed this Amendment to the Agreement as of the date signed by the City.
///
///
///
///

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///
City of Pinole
___________________________
Neil Gang, Interim City Manager
Dated: __________________
Contractor, SEI
___________________________
Stephen Miller, Deputy Director
Dated: __________________
Attest:
___________________________
Heather Bell, City Clerk
Approved as to Form:
___________________________
Eric S. Casher, City Attorney

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Consulting Services Agreement between
City of Pinole and Strategic Energy Innovations
September 1, 2023

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CONSULTING SERVICESAGREEMENT BETWEEN

THE CITY OF PINOLE AND

STRATEGIC ENERGY INNOVATIONS
THIS AGREEMENT for consulting services is made by and between the City of Pinole (“City”) and Strategic Energy Innovations, a California nonprofit corporation (“SEI” or “Consultant”) (together sometimes referred to as the “Parties”) as of September 1, 2023 (the “Effective Date”) in Pinole, California.

RECITALS
WHEREAS, Consultant is a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code. Its mission is to inspire and empower to advance solutions for a thriving, healthy planet.

WHEREAS, as part of its green workforce program, Consultant maintains a Climate Corps fellowship program (“Program”) that provides professional development and experiential learning opportunities for emerging climate protection leaders. Consultant recruits, trains, and places Climate Corps fellows (each, a "Fellow") with local governments, nonprofits, educational institutions, and for-profit businesses, where they help implement climate change resiliency projects.

WHEREAS, the City desires to participate in the Program by hosting one or more Fellows as set forth herein.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual agreements set forth herein, the Parties hereby covenant and agree as follows:

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A , and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2024, and Consultant shall complete the work as described in Exhibit A by that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.

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Section 2. COMPENSATION. City hereby agrees to pay Consultant an amount not to exceed FORTY-NINE THOUSAND DOLLARS ($49,000.00), for all work set forth in Exhibit A. In the event of a conflict between this Agreement and Consultant’s proposal regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement.

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
▪ The beginning and ending dates of the billing period; ▪ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
▪ At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
▪ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by DocuSign Envelope ID: 88BBD90A-C119-4CE3-B663-26F0C24A3A5B

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Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;
▪ The Consultant’s signature.

Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.2 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

2.3 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the following fee schedule attached hereto as Exhibit B.

2.5 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, and shall not exceed ZERO DOLLARS ($0.00). Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.7 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date.

2.8 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

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4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence and TWO MILLION DOLLARS ($2,000,000) aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.

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Consultant’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant’s insurance and non-contributing. d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately. e. Consultant agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount.

4.3 Professional Liability Insurance.

4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.

4.4 All Policies Requirements.

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4.4.2 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

4.4.3 Deductibles and Self-Insured Retentions. Insurance obtained by the Consultant shall have a self-insured retention or deductible of no more than ONE HUNDRED THOUSAND DOLLARS ($100,000).

4.4.4 Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein, and Consultant shall ensure that City, its officers, officials, employees, agents, and volunteers are covered as additional insured on all coverages.

4.4.7 Excess Insurance. If Consultant maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Consultant.

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.

5.1 General Indemnification. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful DocuSign Envelope ID: 88BBD90A-C119-4CE3-B663-26F0C24A3A5B

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misconduct of Consultant, its officials, officers, employees, agents, subcontractors and Fellow arising out of or in connection with the performance of the Services, the Program or this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees and other related costs and expenses. Consultant shall defend, at Consultant’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs, including reasonable attorneys’ fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by City or its directors, officials, officers, employees, agents or volunteers. Notwithstanding the foregoing, to the extent Consultant’s Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. This Section 5.1 shall survive any expiration or termination of this Agreement.

5.2 PERS Indemnification. In the event that Consultant or any Fellow, employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City during the term of this Agreement, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its Fellow, employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. Consultant hereby acknowledges and agrees that at all times Fellow is an employee of Consultant and further that Fellow or any agent or employee of Consultant shall be deemed at all times to be an independent contractor. Consultant is wholly responsible for the manner in which it performs the services and work requested by City under this Agreement. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, subcontractors and Fellows providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any DocuSign Envelope ID: 88BBD90A-C119-4CE3-B663-26F0C24A3A5B

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and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

6.2 Consultant No Agent. Except as City may specify in writing, Consultant and Fellow shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant and Fellow shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGALREQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant, Fellow and subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

7.6 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, DocuSign Envelope ID: 88BBD90A-C119-4CE3-B663-26F0C24A3A5B

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policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION ANDMODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant and indemnity shall survive the termination of this Agreement.

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8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;

8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder, unless specifically excluded as stated in Exhibit A Section 2.5, shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

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Section 10 MISCELLANEOUSPROVISIONS.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

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Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.9 Contract Administration. This Agreement shall be administered by the Community Development Director who shall act as the City’s representative. All correspondence shall be directed to or through the Community Development Director or his or her designee.

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10.10 Notices. Any written notice to Consultant shall be sent to:

Nathan McKenzie, Program Director
100 Smith Ranch Road, Suite 124
San Rafael, CA 94903
Any written notice to City shall be sent to:

City Manager
2131 Pear Street
Pinole, CA 94564

10.11 Professional Seal. Where applicable in the determination of the City, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation.

10.12 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. All exhibits attached hereto are incorporated by reference herein.

Exhibit A Scope of Services
Exhibit B Compensation Schedule and Hourly Fees
Exhibit C City Furnished Facilities

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.14 No Third Party Beneficiaries. This Agreement is for the exclusive benefit of City and Consultant and not for the benefit of any third party, including, without limitation, any Fellow, or any employee, affiliate, vendor, or client of City or Consultant.

Parties have executed this Agreement as of the Effective Date. / / /
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DocuSign Envelope ID: 88BBD90A-C119-4CE3-B663-26F0C24A3A5B

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Consulting Services Agreement between
City of Pinole and Strategic Energy Innovations
September 1, 2023

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CITY OF PINOLE CONSULTANT
Andrew Murray, City Manager Stephen Miller, Deputy Director Consultant’s City of Pinole Business
License #: ____________________
Attest:

Heather Bell, City Clerk
Approved as to Form:

Eric S. Casher, City Attorney
DocuSign Envelope ID: 88BBD90A-C119-4CE3-B663-26F0C24A3A5B E22-10761

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EXHIBIT A

SCOPE OF SERVICES

1. Program Initiation

1.1 Recruitment and Selection
SEI will recruit, screen, and select a Fellow to serve at City site during the service term set out in the Program Plan (“Service Term”). City will assist in the recruitment and selection of Fellow, including, without limitation, developing a job description specific to City’s activities and needs, conducting interviews, and participating in the final selection.

1.2 Employment Relationship
SEI and City acknowledge that Fellow is an employee of SEI. SEI will notify each Fellow that Fellow is not an employee of City.

1.3 Fellow Orientation
At the start of the Service Term, SEI will provide Fellow with an orientation to the Program. City will provide Fellow with an orientation to City’s mission, programs, operations, systems, and facilities.

1.4 Fellowship Scope
City will cooperate with SEI to develop a written scope of work (“Fellowship Scope”) for each Fellow. The Fellowship Scope will: (a) outline the training plan for the Fellow, (b) describe one to three specific climate change resiliency projects that the Fellow will work on during the Service Term, and (c) define anticipated deliverables and Fellow performance and learning goals. City and SEI will complete the Fellowship Scope within one month after the Fellow’s first day of service.

2. Training and Support

2.1 Fellow Training
SEI will train and support the Fellow with a training program that includes: monthly trainings, a mid-year twoday retreat, an end of program symposium, and two professional development assessment reviews. Time spent by the Fellow in this training program will count as training hours under the Program Plan.

2.2 Training Calendar
SEI will provide a calendar of training activities to City and will notify City of any schedule changes in advance.

2.3 Ongoing Support and Assistance
SEI will help City and Fellow develop metrics for evaluating the Fellow’s progress. SEI will schedule monthly sessions with Fellow and City to review the Fellow’s progress, and will assist the Fellow and City with defining or implementing any changes to the Fellowship Scope or other documents as appropriate.

2.4 City’s Program-wide Support
City will carry out Program-wide activities reasonably requested by SEI, such as: (a) sponsoring a venue and staff presentations for a monthly training event for all Fellows, (b) participating in a Program-sponsored training session or professional development event, or (c) accepting informal interview requests from one or more other Fellows in the Program.

DocuSign Envelope ID: 88BBD90A-C119-4CE3-B663-26F0C24A3A5B

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2.5 Ownership of Materials
For clarity, SEI owns all training and professional development materials and documents referred to in Sections 2.1 and 2.2. Without limiting the foregoing, City agrees that, as between the Parties, the SEI exclusively owns and shall retain all right, title and interest in and to all curriculum materials created, developed or provided by SEI, including (a) all pre-existing curriculum materials and curriculum materials that are created outside the scope of this Agreement (collectively, the “Pre-Existing Materials”), and (b) all PreExisting Materials that are modified and adapted for City (the “Modified Materials”) and all curriculum materials newly created and developed by or on behalf of SEI for the City (the “New Materials” and, together with the Modified Materials, the “Contract Materials”).

Subject to the terms of this Agreement, SEI hereby grants to City, a non‐exclusive, perpetual, fully paid up, worldwide, royalty‐free, license to use and display the Contract Materials for the sole purpose of using such Contract Materials for the conduct of the City’s business. Unless otherwise expressly agreed to by the Parties, the SEI shall retain all of its rights, title and interest in all Pre‐Existing Materials and Contract Materials as expressed in Appendix 1: SEI Pre-Existing Consultant Materials.

3. Fellow Responsibilities, Scheduling, and Supervision

3.1 Fellow Responsibilities
City may assign specific responsibilities to Fellow so long as they are consistent with the Fellowship Scope.

3.2 Payment to Fellow; Additional Funding
SEI will pay a living stipend (“Living Stipend”) and end of program award (“End of Program Award”) to Fellow during the Service Term. City may provide additional funding for Fellow as may be set out in the Program Plan.

3.3 Hours and Work Schedule
The standard number of service hours for Fellows (“Standard Hours”) is set out in the Program Plan. City will provide Fellow with a reasonably consistent schedule during the Service Term so that Fellow can fulfill his or her Target Hours. If a Fellow is required serve as a juror, they will log that time as on-site hours with City and continue receiving a living allowance, healthcare coverage and, if applicable, childcare coverage regardless of any reimbursements for incidental expenses received from the court.

3.4 Fellow Attendance at Climate Corps Events
City will allow Fellow to attend all Program events, including, without limitation, orientation, monthly trainings, retreats, field trips to other Climate Corps partner sites, and the Climate Corps Symposium, so that Fellow can fulfill his or her Program training requirements and enhance his or her professional development. Time spent by the Fellow at these events will count as training hours under the Program Plan.

3.5 Site Supervisor
City will designate a paid staff supervisor ("Site Supervisor") to supervise Fellow's day-to-day activities and performance. The responsibilities of Site Supervisor include, without limitation: (a) guiding Fellow towards achieving the goals set out in the Fellowship Scope, (b) meeting with Fellow one-on-one at least weekly to discuss project(s), and (c) helping Fellow complete monthly reporting to SEI to track the progress made on the project(s). If City changes the Site Supervisor, City will provide SEI with at least thirty (30) days’ written notice setting out the name and title of the new Site Supervisor, the reason for the change, and the expected impact, if any, on the Fellowship Scope or Fellow.

DocuSign Envelope ID: 88BBD90A-C119-4CE3-B663-26F0C24A3A5B

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4. Reporting and Recordkeeping

4.1 Program Reports
City will complete and submit all Program forms, surveys, assessments, progress reports, Fellow evaluations, and other documents requested by SEI, including a biannual professional development assessment providing feedback on Fellow activities. SEI may share results related to the Program for the purpose of grant reporting, program marketing, and fundraising.

4.2 Site Visits
SEI may visit City sites and film, photograph, and otherwise document Program and Fellow activities during normal business hours and with reasonable advance notice.

4.3 Recordkeeping
SEI and City will each maintain records relating to its Program responsibilities in a manner such that the other can evaluate compliance with this Agreement. SEI and City will make those records available for review by the other on reasonable notice during the term of this Agreement and for a period of three years after its termination.

5. Communication

5.1 Program Contacts
SEI and City will each appoint one individual to act as principal contact person and to coordinate activities in connection with the Program. The initial appointees are identified in the Program Plan. SEI and City each may change its contact person at any time and will so advise the other.

5.2 Cooperation
SEI and City acknowledge Fellow’s success in the Program depends in large part on the effectiveness of collaboration between the parties. Both parties will provide timely access to data, information, and personnel, ensure the accuracy and completeness of data and information provided, and promptly notify one another about challenges, concerns, and successes.

5.3 Fellow Performance
SEI cannot guarantee specific performance results for any Fellow. City will notify SEI immediately of any significant problems with Fellow’s professional performance or conduct, including, without limitation, failure to report to a site or unprofessional behavior. SEI will work with City to provide assistance or discuss an appropriate response.

6. Publicity

6.1 Publicity by SEI
SEI may, in its sole discretion, identify City as a host site or “program partner” in the Program, and, describe its work with City and Fellow in internal and external communications, including, without limitation, on SEI’s website, the Climate Corps website, and in its marketing or outreach materials. SEI may use City’s name and logos, as well as photos, videos, and other materials created during site visits under Section 4.2, in connection with these efforts.

6.2 Publicity by City
City may identify itself as a host site or “program partner” in the Program, and, describe its work with SEI and Fellow in internal and external communications, including, without limitation, on its website and in its marketing DocuSign Envelope ID: 88BBD90A-C119-4CE3-B663-26F0C24A3A5B

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or outreach materials. City may use SEI’s name and logos, including the Climate Corps name and logos, in connection with these efforts in accordance with guidelines that SEI may provide.

7. Fellow Withdrawal, Replacement, and Refunds

7.1 Fellow Withdrawal
SEI cannot guarantee Fellow’s participation in the Program for the full Service Term. If, before the end of the Service Term, Fellow leaves the Program voluntarily, is terminated by either SEI or City for performancerelated reasons, or is hired by City as an employee, he or she will be considered withdrawn from the Program, and SEI and City will discuss whether to find a replacement. If SEI or City decide not to replace Fellow, or if SEI fails to find a replacement after reasonable efforts to do so, then this Agreement will terminate effective as of the date of Fellow’s withdrawal from the Program.

7.2 Refund to City with Replacement
Following Fellow’s withdrawal with replacement, SEI will refund to City a sum equal to the undistributed Living Stipend for the period between withdrawal and replacement.

7.3 Refund to City without Replacement
Following Fellow’s withdrawal from the Program without replacement, SEI will: (a) refund to City a lump-sum amount equal to the remaining Living Stipend and End of Program Award that have not been distributed to Fellow at time of withdrawal and (b) if applicable, return to City the remaining balance of any reimbursement account for additional funds as set out in the Program Plan. If Fellow withdraws before any installment of SEI’s fee is due, City will have no obligation to pay that installment and SEI will have no obligation to refund any amounts corresponding to the remaining Living Stipend and End of Program Award for the period following the installment due date.

Appendix 1
SEI Pre-Existing Consultant Materials
The training materials below have been developed by and are exclusively owned by the SEI. SEI shall retain all of its rights, title and interest in all Pre‐Existing Materials and Contract Materials herein.

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1. Home Energy Assessment (SEI copyright 10/21/13)

2. Home Water Assessment (SEI copyright 11/20/13)

3. School Energy Assessment (SEI copyright 2/7/13)

4. School Water Assessment (SEI copyright 1/29/13)

5. Low Flow Toilet Assessment (SEI copyright 10/6/14)

6. School Transportation Assessment (SEI copyright 11/5/14)

7. Eco Audit (SEI copyright 4/24/13)

8. School Solar Analysis (SEI copyright 10/9/13)

9. Home Solar Analysis (SEI copyright 9/10/14)

10. School Energy Use and Solar Monitoring (SEI copyright 10/14/13)

11. Solar USB Charger (SEI copyright 2/12/15)

12. Solar Water Heating (SEI copyright 5/1/15)

13. Aquaponics (SEI copyright 10/28/15)

14. Watersheds & Public Water Systems (SEI copyright 7/24/15)

15. Biomimicry (SEI copyright 10/30/15)

16. Engineering Aquatic Ecosystems (SEI copyright 9/21/15)

17. Climate Change (SEI copyright 12/1/18)

18. Air Quality (SEI copyright 3/3/2020)

19. Sustainability Certificates: Energy (SEI copyright 1/15/13), Green Building (SEI copyright 1/29/13), Green Transportation (SEI copyright 4/11/13), Energy Auditing (SEI copyright 10/29/13), Solar (SEI copyright 11/9/15), Sustainable Enterprise (SEI copyright 10/23/13), and Zero Net Energy (SEI copyright 1/3/16)

20. Energy Conservation Competition Resources: Competition Launch Lesson Plan (High school & Elementary), Student Team Competition Intro Lesson PowerPoint, Competition Participation Guide, SEI Walk-Through Audit Guide, Energy Conservation Action Plan Template, Competition Action Ideas, and PowerPoint Template Energy Competition Presentation to School Community (SEI copyright 2/20/15)

21. Guides: Energy Conservation Guide (SEI copyright 10/17/13), School Zero Waste Guide (SEI copyright 6/26/15), School Sustainability Policy (SEI copyright 9/18/14), and Sustainability Fair Guide (SEI copyright 10/24/13), and Water Conservation Guide (SEI copyright 2/1/16)

22. Elementary & Middle School Resources: School Energy Audit Grades 4-8 (SEI copyright 4/3/12), Protect Your Climate Grade 4-5 (SEI copyright 7/19/12), Sustainability Curriculum Grades K-1 (SEI copyright 7/31/14), and Sustainability Curriculum Grades 2-3 (SEI copyright 10/17/15)

23. Innovations in Green Technology, Energy and Environmental Design, and Sustainable Urban Planning Courses: CTE Energy, Environment, & Utilities courses (SEI copyright 8/15/15)

24. SEI Energy & Solar Monitoring Tool (SEI copyright 8/19/13)

25. Making the Financial Case for Sustainability Investments (SEI copyright 5/31/13)

26. Sustainable Practices Certificate Program (SEI copyright 4/25/2008)

27. Energy Innovation Center Tour Guide (SEI copyright 2/3/2014)

28. Clean Energy Technology Management Certificates and Degree (SEI copyright 5/5/2012)

29. Solar Installation and Integration Course (SEI copyright 7/9/2008)

30. Introduction to Clean Energy Concepts Course (SEI copyright 2/9/2010)

31. Solar Design, Estimation and Sales Course (SEI copyright 3/17/2010)

32. West Valley College Green Building and Energy Auditing Courses (11/9/2009)

33. Climate Corps Program (8/1/2010)
a. Including the following Fellow work products
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i. Scope of work
ii. Monthly progress reports
iii. Fellow performance reviews
iv. Skyline College guest lecture
v. Program metrics
vi. End of program “Symposium” poster
vii. Program feedback surveys
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EXHIBIT B

COMPENSATION SCHEDULE

AND HOURLY FEES
Program Plan
Fellow service information
Number of Fellows 1
Service Term Full Cycle: 10 months from Fellow start date, not to exceed the terms of this agreement unless agreed upon in writing by the Parties herein. Tentative cycle dates: September 1, 2023 to June 30, 2024
Standard Hours Full Cycle: 1,764 total hours, allocated as follows:
● 1,464 hours of on-site service with City (“on-site hours”) ● 140 hours of training led by SEI (“training hours”)
● 160 hours of vacation, holiday and sick time (VHS)
Human Resources 0 Fellow(s) will require either a Tuberculosis (TB) Risk Assessment or TB test because they will have contact with vulnerable populations (children, elderly, disabled, etc) as part of their scope of work.

Climate Corps Fellows are required to have COVID vaccination Climate Corps Fellows will also complete either a State and/or Federal background check. Partners who require the results of background checks or other background checks may request Fellows to complete a separate background check directly.

Total fee
Amount $ 49,000
Timing ● City shall make 10 equal monthly payments of $4,900, based on invoices received, for base services satisfactorily performed.

City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

Reimbursable Expenses
There are no reimbursable expenses.

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EXHIBIT C

When in-person work is allowed, City will provide Fellow with adequate workspace, a reasonably comfortable work environment, access to a computer with internet connectivity, and other support resources reasonably necessary for Fellow to complete his or her work.

While working remotely, individual Site Supervisors will plan for IT logistics like computer, WiFi, and other technological equipment needed at the Fellows’ home, account and software access, and/or setting up remote VPNs. Fellows should alert their Site and Regional Supervisors immediately if they face any logistical hurdles to remote work, such as WiFi challenges, remote account access or VPNs.

DocuSign Envelope ID: 88BBD90A-C119-4CE3-B663-26F0C24A3A5B

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CITY COUNCIL
REPORT 9.L.

DATE: JUNE 18, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: LILLY WHALEN, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO

EXECUTE AN AGREEMENT WITH CLIENT FIRST TECHNOLOGY

CONSULTING TO PROVIDE PROFESSIONAL SUPPORT SERVICES FOR

THREE YEARS TO MAINTAIN AND TO SUPPORT LAND MANAGEMENT

SYSTEM ADMINISTRATION AND GEOGRAPHIC INFORMATION SYSTEM

MAINTENANCE FOR THE NEW COMMUNITY DEVELOPMENT PERMIT

TRACKING AND ONLINE APPLICATION SYSTEM

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution that:
• Authorizes the Interim City Manager to execute a Consultant Services Agreement with Client First Technology Consulting to provide System Administration Services and GIS Maintenance Services to Support to support land management system administration and geographic information system maintenance for the new community development permit tracking and online application system; and
• Appropriates $75,000 annually support these services for three years from the Planning and Building Fund ($37,000 annually) and the General Fund ($37,000 annually) to support the services from Client First.

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On May 21, 2024 and June 8, 2024, as a part of budget reduction strategies, Community Development and Public Works Departments recommended defunding one vacant position (Administrative Coordinator) and outsourcing a portion of the work done by the administrative Coordinator related to System Administration and GIS Maintenance of the new permitting and licensing system (ComDev and eTRAKiT). Therefore, there is a need for System Administration and GIS Maintenance support which is critical to ensuring that the permitting and licensing system remains functional to the public and staff.

REVIEW AND ANALYSIS
Client First is uniquely qualified to assist the City with this need due to their specialized systems knowledge of the permitting system and their extensive municipal GIS experience.

There are no other consulting firms that staff nor Client First are aware of with this specific combination of knowledge and services. Additionally, through Client First’s extensive assistance to the City over the last two years, Client First has gain institutional knowledge of the City regarding existing configuration assessment, business process analysis, module reconfiguration with a specific focus on online portal applications, process redesign and documentation, end-user training, scripting of custom report and documents creation, GIS data assessment, GIS data clean up, and maintenance.

The scope of work, as shown in the Proposal in Attachment B, includes:

ComDev System Administration Support
• Routine Daily Needs. These include, but are not limited to:

1. Configuration updates (adding a status, adding a subtype, adjusting automatic fees, adjusting allowable fees, etc.)

2. Fee schedule adjustments

3. Quality assurance of configuration changes across all departments

4. User issues troubleshooting and resolution

5. Staff training (on-site or remote)

6. New reports, letters, scripting, and testing

7. Existing reports/letters modifications/adjustments

8. Existing reports/letters issue research and fixes

9. User rights adjustments (per City ComDev Administrator instruction)

10. Adding new users (per City ComDev Administrator instruction)

11. Configuration updates to utilize new functionality

12. Process redefinition and/or process translation into ComDev configuration • System Change Needs Assessment: Client First will collaborate with City departments to identify specific needs and system gaps to prioritize, plan resolutions, establish timelines, and set departmental expectations.
• Business Analysis and ComDev Improvements: Client First will collaborate with Functional Leads to identify business process and ComDev configuration gaps. Based on the assessment, we will recommend and assist with ComDev and eTRAKiT improvements, using new functionalities to streamline processes for the public and City staff.
• Integrations: Client First will review current integrations with City teams to identify necessary testing steps for migration validation. These steps will be recorded as a testing script for Functional Leads. Client First can also assist with testing and

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documenting any errors or system issues.
• Reports and Forms. ClientFirst, with Functional Leads, will review existing and missing documents to identify those needing updates or creation. We will assess each document to determine if a merge document or SSRS form/report is needed and collaborate on the best delivery method.

GIS Maintenance
Geography and GIS services play a role in nearly every decision the City makes and also provide a graphic representation to aid residents and decision-makers with their needs.

Periodic GIS maintenance will include but is not limited to tracking parcels, updating existing layers, drawing boundaries, capturing and summarizing data, and other activities. Reasons for geo data updates include but are not limited to:
• ADU construction
• Commercial suite changes
• Street name changes
• Property ownership changes
• Zoning changes

FISCAL IMPACT
The total annual cost is not to exceed $75,000 annually, with annual cost of Land Management System Administration estimated at $50,000 and GIS Maintenance estimated at $25,000. As the contract will span three fiscal years, the proposal recognizes that hourly rates are subject to annual increases not to exceed 5% per fiscal year.

Annually, these costs are to be allocated among the Planning and Building Fund ($37,000) and the General Fund ($37,000) to support the services from Client First. The specific allocations are as follows per Department on an annual basis:
• Finance (100-115-46124): $15,000
• Public Works (100-341-46124): $22,500
• Planning (212-461-46124): $12,500
• Building (212-462-46124): $12,500
• Code Enforcement (100-465-46124): $12,500

ATTACHMENTS
A. Resolution
B. Exhibit A - Amendment No. 1 To The Consulting Services Agreement Between The City Of Pinole And Client First Technology Consulting
C. Client First Proposal

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE APPROVING AN

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NOW THEREFORE, BE IT RESOLVED, that the above recitals are true and correct and made part of this resolution.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the ____ day of ______, 20__ by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I, hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the ____ day of ______, 20__
____________________________________
Heather Bell, CMC
City Clerk

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EXHIBIT A
AMENDMENT No. 1 TO THE

CONSULTING SERVICES AGREEMENT

BETWEEN THE CITY OF PINOLE AND

The Parties have executed this Amendment to the Agreement as of the date signed by the City.

City of Pinole Contractor

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Optimal Technology Guidance
Proposal for
Land Management System
Administrative and GIS
Maintenance Services
June 7, 2024
Client Locations
Coast-to-Coast
Practice Locations
California
Illinois
North Carolina
Texas
800.806.3080
www.clientfirstcg.com

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OPTIMAL TECHNOLOGY GUIDANCE
California • Illinois • North Carolina • Texas • 800.806.3080 • Fax 888.478.0495 2 | 22
June 7, 2024
Ms. Lilly Whalen
Director of Community Development
City of Pinole
2131 Pear Street
Pinole, CA 94564
RE: Proposal for Three-Year Land Management System Administrative and GIS Maintenance Services
Dear Ms. Whalen:

ClientFirst appreciates the opportunity to present the City of Pinole with our proposal. Our consultants have decades of experience providing these services to agencies throughout the United States. Key qualifications include:

TRAKiT Experience – Although ClientFirst works with numerous agencies with different types of Land Management systems, the project team assigned to this engagement also has combined experience with over 150 Land Management application projects, over 80 of which are, or were, specifically TRAKiT.

Local Government ONLY Focus – ClientFirst Technology Consulting specializes in helping local government agencies with the evaluation and implementation of enterprise software solutions, including business process requirements, fostering buy-in and consensus across the organization, and providing the best value proposition.

Expertise and Experience – ClientFirst has worked with hundreds of local governments throughout the United States.

Why ClientFirst is the Best Choice
• We pride ourselves on our ability to listen and communicate, affecting positive change at all personnel levels.
• We truly put our client’s needs first. You are not just another project to us. • Our partners are hands-on and do not just provide high-level oversight or project management assistance.
• We not only follow best practices but also educate staff at all levels on best practices in a manner that helps them understand the relevance to their organization and their role within the project.
• We seek to partner with our clients as integrated subject-matter experts and advisors. • We work to help transform your organization, transfer knowledge, manage change, and ingrain best practices into your processes.

For any questions, feel free to contact me at 951.739.7989 or via email at [email protected] for additional information. We look forward to the opportunity of serving the City of Pinole as one of our many satisfied clients.

Sincerely,
David W. Krout, CPA (inactive)
Partner
Management Consulting Practice Leader

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Land Management System & GIS Maintenance Services

CLIENTFIRST TECHNOLOGY CONSULTING

OPTIMAL TECHNOLOGY GUIDANCE
3 | 22
Table of Contents
LAND MANAGEMENT SYSTEM ADMINISTRATION..............................4 Background and Objectives.................................................................................... 4 Scope of Work ........................................................................................................ 4 GIS MAINTENANCE.......................................................................7 Background and Objectives.................................................................................... 7 Scope of Work ........................................................................................................ 7 COST DATA..................................................................................8 Fee Summary ......................................................................................................... 8 Scope Changes and Management ......................................................................... 8 Additional Services/Purchases by Other Seeking Public Agencies ........................ 8 Relevant Experience............................................................................................... 9 Primary Tasks Experience.................................................................................... 10 RELATED EXPERIENCE................................................................12 FIRM INFORMATION.....................................................................14 Enterprise Applications Consulting Practice Profile .............................................. 14 Consultants' Collective Experience....................................................................... 15 PROJECT ORGANIZATION AND STAFFING .....................................16 Key Personnel ...................................................................................................... 17

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CLIENTFIRST TECHNOLOGY CONSULTING

OPTIMAL TECHNOLOGY GUIDANCE
4 | 22
Land Management System
Administration
Background and Objectives
The City of Pinole has been live with the CentralSquare software called Community Development (or ComDev, formerly also known as TRAKIT) since November 2023 and is taking all its applications live online in July 2024. ClientFirst assisted the City with migration to the new system, the online applications launch, system administration, GIS data administration, and GIS data cleanup. ClientFirst will provide system administration and GIS maintenance services on an annual basis for three fiscal years. ClientFirst will be working with and assisting the Community Development, Public Works, and Finance departments.

The City has limited in-house subject-matter expertise and resources to support this enterprise application system fully. It is, therefore, seeking a third-party land management support specialist with extensive ComDev and GIS experience to assist the City.

City ComDev-related assistance needed includes, but is not limited to:
• TRAKIT/Community Development
configuration improvements
• eTRAKIT configuration improvements
• Workflow analysis and reengineering
• Training
• Report development
• Setup and Configuration
• Integrations Issue Resolution
Scope of Work
ComDev System Administration Support
The ComDev system assistance for the City of Pinole will be managed by Tatjana Meser, Cyndi Hoxie, and Michael Truncale. Their extensive TRAKiT/ComDev configuration, training, data conversion, integrations, and project management experience are the best suited to assist the City with its post-go live, public portal, and system administration needs. They will be assisted, if necessary, by other subject-matter experts, including database and technical support consultants. ClientFirst partners will provide quality assurance and oversight as needed.

System Change Needs Assessment
ClientFirst will work with the City departments to identify their specific needs and gaps in the system configuration, integrations, and other issues. Establishing a list of open issues will allow the City and ClientFirst to prioritize issues and map out a path to resolution, establish timelines, and set expectations with each department.

Business Analysis and ComDev Improvements
ClientFirst will work closely with the Functional Leads to review and identify any business process or ComDev configuration gaps. Based on assessment findings, ClientFirst will recommend and assist with ComDev and eTRAKiT improvements by utilizing new functionality to streamline the business process for the public and City staff.

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OPTIMAL TECHNOLOGY GUIDANCE
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Integrations
Reviewing the current state of all integrations with City teams will allow ClientFirst to identify testing steps the City needs to take to validate each integration during the migration. These testing steps will be recorded and used as a testing script by the Functional Leads. ClientFirst can also assist with testing each integration and documenting errors or incorrect system behavior.

Reports and Forms
ClientFirst, with the assistance of the Functional Leads, will complete a review of the existing and missing forms, correspondences, letters, and reports the City utilizes. This will lead to a clear list of documents that need to be updated or created. ClientFirst will also assess each form, correspondence, letter, and report to determine if a merge document or SSRS form/report needs to be created and work with the Functional Leads to determine how to deliver best the form, correspondence, letter, or report in the Merge Document or SSRS format. eTRAKiT (Public Portal) Roll Out
The main goal for this phase will be the rollout of online public services like online applications, online payments, inspection scheduling, and data searches. ClientFirst will work closely with the Functional Leads to complete the testing of eTRAKiT and work with the vendor on any issues that may arise before rollout. Process redefinition and streamlining will be the main objectives.

ClientFirst will work with the City to recruit beta testers for the public portal for a soft launch and support the full Go Live of the public portal after a successful soft launch has been completed.

System Administration Assistance
The ClientFirst ComDev assistance and system changes include, but are not limited to:
• Configuration updates (adding a status, adding a subtype, adjusting automatic fees, adjusting allowable fees, etc.)
• Fee schedule adjustments
• Quality assurance of configuration changes across all departments • User issues troubleshooting and resolution
• Staff training (on-site or remote)
• New reports, letters, scripting, and testing
• Existing reports/letters modifications/adjustments
• Existing reports/letters issue research and fixes
• User rights adjustments (per City ComDev Administrator instruction) • Adding new users (per City ComDev Administrator instruction) • Configuration updates to utilize new functionality
• Process redefinition and/or process translation into ComDev configuration Most training will be provided remotely (on-site training can be provided if necessary, considering COVID protocols). Remote training will be conducted via the use of Teams. Agency training attendees will need to have access to PCs and PC or phone headsets. Agency training attendees will also need to be set up with a login to the ComDev Production and Test instances by the Agency ComDev Administrator (or ClientFirst). During the training, ClientFirst will share their screen and conduct a walk-through of the application and process. Agency training participants will be able to follow along on their machines and share their screens with the other training participants, as well as ClientFirst, if questions arise.

We will provide application consulting assistance but will not replace software vendor’s technical support or the Agency’s ComDev administration role (optional). Our consultants work with

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Land Management System & GIS Maintenance Services

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multiple agencies on various similar types of projects, and most activities for this project will be planned and scheduled. Should the City need assistance more urgently, you will have our assigned consultants’ cell phones, and our office can also transfer you directly to their cell phones if they are not in the office. They will contact you back as soon as possible, usually the same day. However, even for non-urgent matters, our policy is to respond to the client within 24 hours. Our normal business hours are Monday through Friday, 8:00 am to 5:00 pm PST.

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GIS Maintenance
Geographic Information System (GIS) maintenance is a periodic process of parcel, address, and street segment updates. GIS maintenance also includes periodic data cleanup and updates of all land-based data.

Background and Objectives
Periodic GIS maintenance will include but is not limited to tracking parcels, updating existing layers, drawing boundaries, capturing and summarizing data, and other activities. Reasons for geo data updates include but are not limited to:
• ADU construction
• Commercial suite changes
• Street name changes
• Property ownership changes
• Zoning changes
Geography and GIS services play a role in nearly every decision the City makes and also provide a graphic representation to aid residents and decision-makers with their needs.

Scope of Work
GIS Data Cleanup
The City GIS data has been assessed, and a set of data issues identified that need to be resolved.
• GIS data issues include:
 Address records with inconsistent address parcing
 Parcels with the same address but different parcel numbers  Parcels without a street number
Periodic GIS Data Maintenance
Periodic maintenance will include:
• County parcel data and ownership import
• Data updates for records that need manual updates
• Address data updates based on construction and tenant improvement activities • Zoning changes
• Other layer updates as needed

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Cost Data
Fee Summary
Our professional fees are based on the scope and approach outlined in this proposal, plus travel-related expenses, if necessary. Our standard billing rates for these types of services are dependent on the levels and skill sets of the consultant(s) assigned to specific aspects of the project. This project will logistically span three fiscal years. Hourly rates are subject to annual increases not to exceed 5% per fiscal year. The consulting fees payable based on this agreement shall not exceed $75,000 annually without City approval and written authorization.

Summary Rates
Time-and-Materials or Optional Tasks
Consultant Level Hourly Rate
Project & Quality Assurance Director $ 210
Applications Consultant/ Project Manager $ 195
GIS Consultant $ 195
The annual cost of Land Management System Administration is estimated at $50,000.

The annual cost of GIS maintenance is estimated at $25,000.

Scope Changes and Management
Alternative scope changes and fee adjustments are possible and are dependent on specific project needs and staff resources and capabilities. Minor changes to the scope and methodology stated above will not result in a change in our fees.

If the nature or scope of our work should change significantly during the project, we will discuss such matters and their effect on our fees and obtain written approval before proceeding.

Additional Services/Purchases by Other Seeking Public Agencies ClientFirst acknowledges that other public agencies may seek to “piggyback” under the same terms and conditions of a resulting similar services contract and/or purchases being offered in this contract or proposal. ClientFirst has the option to agree or disagree to allow contract piggybacks on a case-by-case basis. ClientFirst agrees to extend the same pricing, terms, and conditions as stated in this contract or proposal to each and every political entity, special district, and related non-profit. It is understood that other entities shall make purchases in their own name, make payments, and be liable directly to ClientFirst. The agency shall in no way be involved or responsible to ClientFirst for other entities’ purchases.

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Pinole City CouncilJune 18, 2024

Pinole City Council
June 18, 2024