Pinole City Council
June 25, 2024

CITY COUNCIL
Maureen Toms, Mayor
Cameron Sasai, Mayor Pro Tem
Anthony Tave, Council Member
Norma Martínez-Rubin, Council Member
Devin T. Murphy, Council Member

PINOLE CITY COUNCIL

SPECIAL MEETING AGENDA
June 25, 2024
5:00 PM
Attend in Person: PINOLE CITY COUNCIL CHAMBERS - 2131 PEAR STREET OR
Attend VIA ZOOM TELECONFERENCE – Details provided below How to Submit Public Comments:

In Person:

Attend meeting at the Pinole City Council Chambers, fill out a yellow public comment card and submit it to the City Clerk.

Via Zoom:

Members of the public may submit a live remote public comment via Zoom video conferencing. Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here. Zoom also allows you to join the meeting by phone.

From a PC, Mac, iPad, iPhone or Android:
https://us02web.zoom.us/j/89335000272
Webinar ID: 893 3500 0272
By phone: +1 (669) 900-6833 or +1 (253) 215-8782 or +1 (346) 248-7799 • Speakers will be asked to provide their name and city of residence, although providing this is not required for participation.
• Each speaker will be afforded up to 3 minutes to speak (subject to modification by the Mayor) • Speakers will be muted until their opportunity to provide public comment.

When the Mayor opens the comment period for the item you wish to speak on, please use the “raise hand” feature (or press *9 if connecting via telephone) which will alert staff that you have a comment to provide and press *6 to unmute. To comment with your video enabled, please let the City Clerk know you would like to turn your camera on once you are called to speak.

Written Comments:

All comments received before 3:00 pm the day of the meeting will be posted on the City’s website on the agenda page (Agenda Page Link) and provided to the City Council prior to the meeting. Written comments will not be read aloud during the meeting. Email comments to [email protected] Please indicate which item on

City Council
Agenda - June 25, 2024

the agenda you are commenting on in the subject line of your email.

Please note: These materials were originally prepared for the 6/18 Regular Meeting that was canceled due to lack of quorum. The date of approvals will be updated to July 25th on all supporting records included in the packet (Resolutions/letters/agreements).

City Council
Agenda - June 25, 2024

OTHER WAYS TO WATCH THE MEETING
LIVE ON CHANNEL 26. They are retelecast the following week. The Community TV Channel 26 schedule is published on the city’s website at www.ci.pinole.ca.us.

VIDEO-STREAMED LIVE ON THE CITY’S WEBSITE, www.ci.pinole.ca.us and remain archived on the site for five (5) years.

If none of these options are available to you, or you need assistance with public comment, please contact the City Clerk, Heather Bell at (510) 724-8928 or [email protected]..

Americans With Disabilities Act: In compliance with the Americans With Disabilities Act of 1990, if you need special assistance to participate in a City Meeting or you need a copy of the agenda, or the agenda packet in an appropriate alternative format, please contact the City Clerk’s Office at (510) 724-8928. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.

Note: Staff reports are available for inspection on the City Website at www.ci.pinole.ca.us. You may also contact the City Clerk via e-mail at [email protected].

Ralph M. Brown Act. Gov. Code § 54950. In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly. The people of this State do not yield their sovereignty to the agencies, which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.

City Council
Agenda - June 25, 2024

1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS

2. LAND ACKNOWLEDGMENT
Before we begin, we would like to acknowledge the Ohlone people, who are the traditional custodians of this land. We pay our respects to the Ohlone elders, past, present, and future, who call this place, Ohlone Land, the land that Pinole sits upon, their home. We are proud to continue their tradition of coming together and growing as a community. We thank the Ohlone community for their stewardship and support, and we look forward to strengthening our ties as we continue our relationship of mutual respect and understanding.

3. ROLL CALL, CITY CLERK’S REPORT & STATEMENT OF CONFLICT An official who has a conflict must, prior to consideration of the decision: (1) publicly identify in detail the financial interest that causes the conflict; (2) recuse himself /herself from discussing and voting on the matter; and (3) leave the room until after the decision has been made, Cal. Gov't Code § 87105.

4. CONVENE TO A CLOSED SESSION
Citizens may address the Council regarding a Closed Session item prior to the Council adjourning into the Closed Session, by first providing a speaker card to the City Clerk.

None

5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION

6. CITIZENS TO BE HEARD (Public Comments)
Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting. PLEASE SEE THE COVERSHEET OF THE

AGENDA FOR INSTRUCTIONS ON HOW TO SUBMIT PUBLIC COMMENTS

7. REPORTS & COMMUNICATIONS
A. Mayor Report

1. Announcements
B. Mayoral & Council Appointments
C. City Council Committee Reports & Communications
D. Council Requests for Future Agenda Items
E. City Manager Report / Department Staff
F. City Attorney Report

8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations

City Council
Agenda - June 25, 2024

None
B. Presentations
None

9. CONSENT CALENDAR
All matters under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted by one motion and without discussion. If, however, any interested party or Council member(s) wishes to comment on an item, they may do so before action is taken on the Consent Calendar. Following comments, if a Council member wishes to discuss an item, it will be removed from the Consent Calendar and taken up in order after adoption of the Consent Calendar.

A. Approve the Minutes of the Regular City Council Meeting on June 4, 2024.

B. Receive the June 1, 2024 – June, 14, 2024 – List of Warrants in the Amount of $1,465,832.64, the June 7, 2024 Payroll in the amount of $502,796.67, and the June 21, 2024 Payroll in the Amount of $509,646.26.

C. 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 Action: Adopt Resolution per Staff Recommendation (Lilly Whalen)
D. 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 Action: Adopt Resolution per Staff Recommendation (Lilly Whalen) E. 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 Action: Adopt Resolution per Staff Recommendation (Lilly Whalen) F. Letter of Support for AB3259 Regarding Transactions and Use Taxes Action: Consider Approval of Letter per Staff Recommendation (Fiona Epps) G. Placement Of Liens For Delinquent Unpaid Waste Collection Charges Falling Delinquent Between January And April 2024, Considered At An Administrative Hearing On June 6, 2024 Action: Adopt Resolution per Staff Recommendation (Roxane Stone) H. Award Construction Contract For Pinon Trunk Sewer Capacity Phase 2 Project (CIP Project No.: SS2401) Action: Adopt Resolution per Staff Recommendation (Sanjay Mishra) I. Adopt a Resolution Approving a Revised Compensation and Benefits Plan for Management and Confidential Employees Action: Adopt Resolution per Staff Recommendation (Stacy Shell)
J. FY 2024/25 Appropriations Limit Action: Adopt Resolution per Staff Recommendation (Markisha Guillory)
K. 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

City Council
Agenda - June 25, 2024

Specifications Of The Election Order Action: Adopt Resolution per Staff Recommendation (Heather Bell)

10. PUBLIC HEARINGS
Citizens wishing to speak regarding a Public Hearing item should fill out a speaker card prior to the completion of the presentation, by first providing a speaker card to the City Clerk. An official who engaged in an ex parte communication that is the subject of a Public Hearing must disclose the communication on the record prior to the start of the Public Hearing.

None

11. OLD BUSINESS
A. Final Proposed FY 2024/25 Operating and Capital Budget Action: Adopt Resolution per Staff Recommendation (Markisha Guillory)
B. Approval Of Fiscal Year (FY) 2024/25 Through 2028/29 Five-Year Capital Improvement Plan Action: Adopt Resolution per Staff Recommendation (Sanjay Mishra)

12. NEW BUSINESS
A. Discussion Of Process For Establishing The Office Of Elected Mayor Action: Receive report and provide direction. (Eric Casher)

13. CITIZENS TO BE HEARD (Continued from Item 6) (Public Comments) Open only to members of the public who did not speak under the first Citizens to Be Heard, Agenda Item 6 Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes for City Council items and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker.

Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.

14. ADJOURNMENT to the Regular City Council Meeting of July 2, 2024 in Remembrance of Amber Swartz.

I hereby certify under the laws of the State of California that the foregoing Agenda was posted on the bulletin board at the main entrance of Pinole City Hall, 2131 Pear Street Pinole, CA, and on the City’s website, not less than 72 hours prior to the meeting date set forth on this agenda. _______________________
Heather Bell, CMC
City Clerk
POSTED: Thursday June 20, 2024 at 11:30 am

Pinole City Council Regular Meeting
Minutes – June 4, 2024

CITY COUNCIL MEETING

MINUTES
June 4, 2024

1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS
The City Council Meeting was held in a hybrid format (in-person and via Zoom videoconference and broadcast) from the Pinole Council Chambers, 2131 Pear Street, Pinole, California. Mayor Toms called the Regular Meeting of the City Council to order at 5:17 p.m. and led the Pledge of Allegiance.

2. LAND ACKNOWLEDGEMENT
Before we begin, we would like to acknowledge the Ohlone people, who are the traditional custodians of this land. We pay our respects to the Ohlone elders, past, present and future, who call this place, Ohlone Land, the land that Pinole sits upon, their home. We are proud to continue their tradition of coming together and growing as a community. We thank the Ohlone community for their stewardship and support, and we look forward to strengthening our ties as we continue our relationship of mutual respect and understanding.

3. ROLL CALL, CITY CLERK’S REPORT & STATEMENT OF CONFLICT An official who has a conflict must, prior to consideration of the decision; (1) publicly identify in detail the financial interest that causes the conflict; (2) recuse himself/herself from discussing and voting on the matter; and (3) leave the room until after the decision has been made, Cal. Gov.

Code § 87105.

A. COUNCILMEMBERS PRESENT
Maureen Toms, Mayor
Cameron Sasai, Mayor Pro Tem
Norma Martinez-Rubin, Council Member
Devin Murphy, Council Member
Anthony Tave, Council Member
B. STAFF PRESENT
Neil Gang, Interim City Manager/Police Chief
Heather Bell, City Clerk
Eric Casher, City Attorney
Fiona Epps, Assistant to the City Manager
Markisha Guillory, Finance Director
Lilly Whalen, Community Development Director
Sanjay Mishra, Public Works Director
Andrea Dwyer, Community Services Director
Kapil Amin, Sustainability Fellow
Jeremy Crone, Pinole Police Commander

Pinole City Council Regular Meeting
Minutes – June 4, 2024

City Clerk Heather Bell announced the agenda had been posted on May 30, 2024 at 5:15 p.m. with all legally required written notices. No written comments had been received in advance of the meeting.

Following an inquiry, the Council reported there were no conflicts with any items on the agenda.

4. CONVENE TO A CLOSED SESSION:

Citizens may address the Council regarding a Closed Session item prior to the Council adjourning into the Closed Session by first providing a speaker card to the City Clerk.

A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Gov. Code §54956.9 (d)(1)
Name of Case: MVP Construction

PUBLIC COMMENTS OPENED
City Clerk Bell reported there were no comments from the public.

PUBLIC COMMENTS CLOSED

5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION At 6:09 p.m., Mayor Toms reconvened the meeting into open session and reported there was no reportable action from the Closed Session.

6. CITIZENS TO BE HEARD (Public Comments)
Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker.

Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting.

Rafael Menis reported on the COVID-19 rate for the State of California from data tracking, with the hospitalization rate a bit above two persons per 100,000 and with a brief spike in the month of May. He also reported that Pinole Pride/Juneteenth would be recognized on Sunday, June 9, 2024 from 12:00 to 3:00 p.m. at Fernandez Park with everyone encouraged to participate.

Janet Wilks reported her property was located within the Pinole-Hercules Wastewater Treatment Plant, with residents having received a letter that a $62.5 million sewer improvement project had been proposed and which required individual property owners to take on an additional sewer fee burden of $1,000 per year forever, as opposed to the much lower current rate. She understood the proposal would be approved by the City Council unless more than 50 percent of residents objected in a specific written format. She found the letter she received an example of a lack of transparency and effort by the City Council to ram through a project and rate increase with no consideration for low-income persons, retirees or those with special needs. The letter had not mentioned the total revenue the City Council intended to raise based on the fee increase and how much revenue would go to the stated purpose.

Pinole City Council Regular Meeting
Minutes – June 4, 2024

Ms. Wilks reported she had conducted a Google Search on special district ballot rules and found a ballot was required to be mailed with a return envelope, none of which had been included in the letter received by residents. She asked the City Council to suspend the election until a proper ballot could be mailed to residents and suggested by taking the time to engage residents with transparent dialogue, the Council would fulfill its duty in representing the residents of Pinole and give a group of concerned residents time to work with the media to help spread the word to residents.

Debbie Long reported the Rodeo-Hercules Fire Protection District was looking into annexation.

As part of a Public Records Act (PRA) Request, she asked whether any Council member had discussions with the County, the Contra Costa County Fire Protection District (CCCFPD) staff and City staff about annexation with the CCCFPD, and whether the City of Pinole had any plans regarding the annexation.

Mayor Toms asked whether Ms. Long had to submit0 a PRA request in writing, to which City Clerk Bell responded that she did not and she would follow-up with Ms. Long on the request.

7. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations

1. Juneteenth
The City Council read into the record a proclamation recognizing June 19, 2024 as Juneteenth.

2. Pride
The City Council read into the record a proclamation recognizing June 2024 as Pride Month.

3. Philippine Independence Day
The City Council read into the record a proclamation recognizing June 12, 2024 as Philippine Independence Day, which was presented to members of the Pinole Valley High School Pinoy Club.

PUBLIC COMMENTS OPENED (Items 7A 1-3)
Shawn Fabia and Phoebe Deza representing Pinole Valley High School Pinoy Club, thanked the City Council for the Philippine Independence Day proclamation.

PUBLIC COMMENTS CLOSED
B. Presentations

1. City Manager Department Update
Fiona Epps, Assistant to the City Manager, provided a PowerPoint presentation on the City Manager Department Update, which included an overview of the City Manager’s Office staff and

Pinole City Council Regular Meeting
Minutes – June 4, 2024

Council-Manager Organization; full-services and departments overseen by the City Manager’s Office; divisions and functions on behalf of the entire City organization; Strategic Plan Strategies accomplished in Fiscal Year (FY) 2023/24 and planned for FY 2024/25; update on the status of the Communication and Engagement Plan; communication and engagement responsibilities of the City Manager’s Office; main forms of communication managed by the City Manager’s Office and updates on Coffee with the City, the City of Pinole Mobile App, PinoleSpeaks.com and the status of hiring a Media and Communications Intern for summer 2024.

An overview of the Information Technology (IT) Division was also provided, which division maintained the network infrastructure for the City of Pinole along with the major projects completed in FY 2023/24, projects planned for FY 2025/26 and updates on IT projects currently underway. In addition, an overview of Pinole Community Television (PCTV) was provided to highlight PCTV staff; key accomplishments for FY 2023/24 and special projects planned for FY 2024/25.

Responding to questions from the City Council, Ms. Epps explained the City did not currently have the ability to obtain viewership data from City Council meetings, although staff had tried to reach out to Comcast and AT&T in the past. She hoped as the City moved forward with new hardware and software that would allow for Internet streaming, the City would have viewership data and another data set of information to refer to. Staff was aware that members of the public watched City meetings because when the system went down, PCTV staff had been contacted.

Ms. Epps reported the Community Assessment was in the planning stages, she had discussed with the Interim City Manager waiting for the new City Manager to come onboard and also obtain feedback from the City Council on the kinds of questions to be asked of the community in terms of the City’s public broadcasts. The hope was to launch the Community Assessment once there was a new City Manager, which would be a key project for PCTV in the next fiscal year.

Ms. Epps also clarified her title was Public Information Officer (PIO) and Assistant to the City Manager; clarified PCTV was not under the purview of the City Manager’s Department but she was supervising PCTV temporarily until a new City Manager was onboard and again highlighted the PCTV special projects planned for FY 2024/25. The PCTV Master Plan was a Professional Services budget item in the PCTV budget for the next fiscal year. No work had commenced as yet on the PCTV Master Plan which was due to be executed in the next fiscal year.

Ms. Epps further clarified the City did not have a formal process or system related to the use of Artificial Intelligence (AI) in the IT Department and AI had been built into some of the software programs the City used. Cyber-security could be assessed as part of a penetration test and that could be something staff could ask the IT Department to evaluate. She also clarified that one of the major projects planned for FY 2024/25 for the IT Department was the installation of fiber run to the Pinole-Hercules Wastewater Treatment Plant and Corp Yard and replace Youth Center and Senior Center fiber run. Not an expert on that project, she would defer to Public Works and IT for the project, which she understood would be underground.

Council member Murphy recognized Ms. Epps for her and her team’s hard work in the City Manager’s Department, work on The Pulse, and her accessibility and vision for the City of Pinole.

He found her work to be remarkable and suggested it should not be understated.

Council member Murphy otherwise encouraged Ms. Epps to look into pilot programs at Marin Clean Energy (MCE) as a resource and useful framework for streaming City meetings on the

Pinole City Council Regular Meeting
Minutes – June 4, 2024

Internet and YouTube, and he would be happy to make those connections with the agency. He also appreciated the change in the City’s domain name which improved accessibility for Council members and Ms. Epps’ work to modernize City government and make it more accessible.

Mayor Toms also expressed her appreciation for the work of Ms. Epps and her team.

PUBLIC COMMENTS OPENED
Rafael Menis suggested there were potentially significant concerns with the use of AI in public facing government software related to the nature of large language models and their fundamental limitations as they currently existed, including data sourcing and data privacy problems with examples provided, and the information that AI software provided such as AI making things up since it did not have the ability to determine what was true. He asked whether cross checks would be done to ensure whatever AI information was provided whether at the public information level or level of information provided to City staff to assist with preparing minutes and the like was accurate. In terms of public outreach, he noted New York City had a chatbot set up to discuss various services the community could receive, with the chatbot having provided inaccurate information. He asked what safety measures would be in place to protect the City as an entity and to protect the community as users of any City products that may have AI in them from the known and unknown flaws in the AI process.

PUBLIC COMMENTS CLOSED
Council member Tave again thanked the City Manager’s Office for the work being done and the progress being made. He commended the work of Ms. Epps, which had taken the City’s communication tools to the next level. As to the AI component, he understood more was to come, suggested a policy was needed given the challenges with AI, with peer review and the human element and with checks and balances from staff.

Mayor Toms again thanked Ms. Epps for the presentation and the work being done in the City Manager’s Department.

8. REPORTS & COMMUNICATIONS
A. Mayor Report

1. Announcements
Mayor Toms reported she had attended the West County Mayors’ and Supervisors’ meeting and briefed the City Council on discussions of regional partnerships for public safety and different partnerships in law enforcement. She also reported she had attended a Closed Session of the City Council to interview candidates for City Manager; City of Hercules Cultural Fair and participated in meetings with individuals from the Sierra Club to discuss fuel reduction in open spaces and via Zoom the Mid-Year briefing of the League of California Cities Legislative Update.

B. Mayoral & Council Appointments: None
C. City Council Committee Reports & Communications

Pinole City Council Regular Meeting
Minutes – June 4, 2024

Mayor Pro Tem Sasai reported he had attended a meeting of the West Contra Costa Transportation Advisory Committee (WCCTAC), which meeting had been continued to a meeting in June due to a lack of quorum. He planned to join everyone at the Pride/Juneteenth celebrations on June 9 at Fernandez Park from 12:00 to 3:00 p.m.

Council member Murphy highlighted Billie Thompson, a student who had written an advocacy letter to Starbucks for a Starbucks on the Ellerhorst Elementary School campus. Starbucks had responded a year after the letter had been written but did not positively respond to the request.

He had the opportunity to meet with Ms. Thompson who was able to host her own Starbucks at Ellerhorst Elementary where refreshments had been served. She had also been able to be a business owner for the day, a prime example of how advocacy worked and the importance of economic development. He encouraged members of the public to participate in City meetings and have their voices heard. He thanked the Ellerhorst Elementary PTA for organizing the event and Ms. Thompson for her confidence and for inspiring him to do more for the community.

Council member Murphy also commended Economic Development staff for their strategies and vision and the Community Development Department for improving the City with the opening of new businesses and with residents investing in and supporting local businesses. In addition, he reported he had attended the California LGBTQ+ Legislative Caucus Reception in Sacramento and he looked forward to the June 9 Pride/Juneteenth celebration. He thanked staff for their hard work and for integrating comments from the 2023 event.

Council member Murphy provided an update on the recruitment for a new City Manager, thanked everyone who participated in the City Manager Recruitment survey and those who provided public comment via email and social media. On June 1, 2024, the City Council had met in Closed Session to interview seven candidates, finalized the search to three candidates and with the top three candidates to speak with the City’s Executive Leadership Team and a Community Panel.

He thanked everyone for their patience during the process and welcomed additional feedback.

Council member Martinez-Rubin reported she had participated in a meeting of the Naming and Memorial Ad Hoc Committee, with the Mayor Pro Tem, members of City staff and representatives from the non-profit Confederated Villages of Lisjan/Ohlone along with a faculty member and students from Pinole Valley High School, to hear a follow-up from a presentation made on November 2023, at which time a proclamation had been presented to honor Indigenous Peoples Day. She hoped to provide a progress report on the status of discussions at a future date.

D. Council Requests for Future Agenda Items
ACTION: Motion by Council member Murphy/Mayor Toms to invite Billie Thompson to a future City Council meeting to discuss her story and a proclamation for her work on economic development and advocacy.

Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None

Absent: None
Council member Murphy commented that oftentimes he had indicated or had made a motion to continue or add an item to a future meeting agenda and he wanted the Mayor and Interim City

Pinole City Council Regular Meeting
Minutes – June 4, 2024

Manager to ensure those items were actually on future agendas, particularly since this issue had occurred on more than one occasion. He wanted assurance from the Mayor and the team who meet to prepare the meeting agendas to ensure his concerns were addressed.

ACTION: Motion by Council members Tave/Murphy for a discussion around a policy on the usage of Artificial Intelligence (AI) in the City.

Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None

Absent: None
E. City Manager Report / Department Staff
Interim City Manager/Police Chief Gang reiterated that Pride/Juneteenth would be held on June 9, 2024; thanked Council member Murphy for the update on the City Manager Recruitment process; thanked Ms. Epps for her work to change the City’s domain name and provided an update on the recruitment for Police Chief since he would be retiring this year, date yet to be determined. The City had partnered with Public Sector Search on the Police Chief Recruitment, and was in the process of completing the brochure to proceed with the recruitment process.

Interim City Manager/Police Chief Gang added that several phone lines had been down at City Hall and in the Police Department. AT&T informed the City a service line had been cut and AT&T was working to locate the damage for repairs. Lines had also been cut in the cities of Orinda and San Pablo and appeared to be copper theft. Contra Costa County would provide assistance in answering 911 calls and texting 911 was still working and was available.

In addition, the Human Resources Department was working on an AI Policy and the future agenda item request could be a future presentation when complete.

F. City Attorney Report: None
PUBLIC COMMENTS OPENED (Items 7E through 7F)
City Clerk Bell reported there were no comments from the public.

9. CONSENT CALENDAR
All matters under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted by one motion and without discussion. If, however, any interested party or Council member(s) wishes to comment on an item, they may do so before action is taken on the Consent Calendar. Following comments, if a Council member wishes to discuss an item, it will be removed from the Consent Calendar and taken up in order after adoption of the Consent Calendar.

A. Approve the Minutes of the Regular City Council Meeting on May 21, 2024.

B. Receive the May 18, 2024 - May 31, 2024 List of Warrants in the Amount of $531,059.51 and the May 24, 2024 Payroll in the Amount of $507,912.11.

Pinole City Council Regular Meeting
Minutes – June 4, 2024

C. Amendment to the Joint Exercise of Powers Agreement Between the City of Pinole and the West Contra Costa County Transportation Advisory Committee (WCCTAC). Action: Adopt Resolution per Staff Recommendation (Sanjay Mishra)
D. EV Charging Ordinance – 2nd Reading – and Adoption. Action: Waive Second Reading and Adopt Ordinance. (Sanjay Mishra, Eric Casher) Council member Martinez-Rubin requested Items 9A and 9C be removed for discussion. For Item 9A, she requested the following revision to the minutes of the May 21, 2024 Regular City Council meeting: references to the Traffic and Pedestrian Safety (TAPS) Commission be revised to read:

Traffic and Pedestrian Safety Committee (TAPS).

For Item 9C, Council member Martinez-Rubin understood the crux of the resolution was an amendment to the Joint Exercise of Powers Agreement Between the City of Pinole and WCCTAC and was related to WCCTAC potentially approving compensation to its Board of Directors, which would impact the City’s budget and possibly increase dues the City of Pinole must pay. She asked staff to flag whether or not the increase in dues could be built into the budget.

Mayor Toms also referenced Item 9C, and commented the potential stipend for attendees had not been shown in the redline of the agreement but had been shown in the June 4, 2024 staff report. If Item 9C was approved as is, members of WCCTAC would have the ability to vote to be compensated which would result in fewer funds for transportation improvements. She hoped the JPA members took that into consideration given that most committee assignments were voluntary and any compensation was at the City Council level.

PUBLIC COMMENTS OPENED
Rafael Menis provided the following comments on the Consent Calendar:
- Item 9A, Page 34 of 643 of the agenda packet, requested a revision to the third sentence of his comments on the page to read:

As an example, such a reduction may impact the Police Department’s plans for the 410 Policy, which had been a major project for the Police Department for several years, and why increases in salaries had increased over the years to fill vacancies in order to move toward the 410 Policy.
- Item 9B, Page 50 of 643 of the agenda packet, May 18, 2024 through May 31, 2024 List of Warrants, asked for clarification of the warrant listing for Vendor: PGE01 – PG&E and why there were so many different account entries listed for 2131 Pear Street. - Item 9C, for some of the supporting documentation attached to the document, there was a significant change in the Sub-regional Transportation Mitigation Fee Program (STMP) project funding rising from the estimated total for FY 2022/23 whereas revenues from the STMP fees would drop for FY 2023/24.
- Item 9C, asked why there was a mismatch between the decreased revenue available and increased expenditure required. As to whether or not WCCTAC JPA members should

Pinole City Council Regular Meeting
Minutes – June 4, 2024

accept a stipend, if offered, suggested it should be a matter for the individual members to consider as a matter of equity since some members may have access to more resources to travel between meetings than others.

Amy Eubanks, Pinole Police Officer, representing the Pinole Police Employee Association (PEA) President and speaking to Item 9D, expressed concern for the installation of Electronic Vehicle (EV) charging stations and the fact the City allowed users to charge for free, particularly given the budget gap. She also spoke to the fact that users would be charged an 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 and only charged a $30 fee, although the vehicle could be left parked for an indeterminate amount of time with no other financial consequences, which was unfair to other Pinole citizens. The aforementioned provision would also allow someone to start charging the vehicle in the evening and leave the vehicle parked overnight with no financial consequences.

The City would have no authority to tow the vehicle since it was an electric vehicle in an EV parking space and the vehicle was taking up spots that could be used by other Pinole citizens, which was a problem.

Officer Eubanks asked that the City Council consider a Pinole Municipal Code (PMC) section that would allow the Police Department to issue parking tickets for vehicles left either overnight or if not charging since it was important to free up to the space for others to use. She referred to someone whose son had left his vehicle charged overnight, was not a Pinole citizen and was allowed to charge for free. She also suggested Section 10.80.010 City-owned Electric Vehicle (EV) Charging Station subsection F should be revised to read: 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 § 2265N.

Ms. Eubanks further recommended a revision to Section 10.80.010 City-owned Electric Vehicle (EV) Charging Station subsection G (8) to read: Energy fees will be adjusted in accordance with any and all PG&E rate increases. She suggested it was financially irresponsible to install an EV charging station prior to establishing an ordinance for use since the City incurred all debts and could not get them back.

In response to the public comments on Item 9D and in response to the Mayor as to whether revisions to the ordinance could be made, City Attorney Eric Casher advised the EV Charging Ordinance was on the second read, it had not been approved yet and the City Council may propose language changes. If non-substantive edits, the edits could be made concurrently and the ordinance could be approved, although if changing requirements, staff could receive direction from the City Council on language changes and staff would return with a revised ordinance that could be brought back on the Consent Calendar at the next City Council meeting.

Mayor Toms recommended Section 10.80.010 City-owned Electric Vehicle (EV) Charging Station subsection G (4) be revised to read: Overstay fee of $1.00 per minute up to 30 minutes, charged after 4 hours and 15 minutes of charging.

City Attorney Casher suggested that change be brought back as a text amendment to the existing ordinance.

Mayor Toms asked about towing vehicles that were not charging or were overstaying the allowed time period.

Pinole City Council Regular Meeting
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City Attorney Casher noted the ordinance allowed for towing if in violation of the ordinance. He expressed the willingness to consult with the speaker and add reference to other Vehicle Code sections that could also be brought back at the next City Council meeting.

Council member Tave recalled the City had spent $65,000 on the EV charging stations and asked when the City would recover the investment for the costs to install the EV charging stations.

Mayor Toms commented the City was not trying to recover the cost of investment but being made whole on the PG&E charging costs moving forward.

Public Works Director Sanjay Mishra clarified the total dollar value was not only for the chargers but also site improvements that had been done, including an Americans with Disabilities Act (ADA) access ramp, restriping of the parking lot, and a small portion of the parking lot had been repaved. The cost of the EV chargers was around $12,000 and the cost of the electrical conduit and other site improvements was close to $45,000.

Council member Tave asked whether or not the Municipal Code Update Subcommittee had discussed the enforcement of this ordinance.

Mayor Toms confirmed the Municipal Code Update Subcommittee had discussed what would occur if someone left a vehicle in the parking space after charging when notifications would be posted on the phone when charging was complete along with notification of the fees increasing per minute during the overage period. She suggested overstaying would likely happen only once since people would learn of the charges for overstaying. She also noted that the equipment would be a Level II charger and in some cases it may take up to six hours to charge a vehicle, although only four hours were being allowed for charging.

City Attorney Casher added if there were means and the ability for code enforcement or law enforcement or anyone to cite the PMC that was the idea. The Municipal Code Update Subcommittee had discussed the value of having some of the penalties be automated and not require someone to monitor the EV charging station, which would create efficiencies from a staffing standpoint. He acknowledged that enforcement would be a challenge for any ordinance in the PMC.

Council member Tave recognized the City would not know how well the ordinance was working and whether the penalty for overage was adequate until the ordinance had been implemented.

Public Works Director Mishra responded to questions from the Council and advised that the fee had been proposed by the City at $1 per minute, based on similar fee structures adopted by other cities, with a cap of $30. The idea had been to model the behavior of people to penalize enough and not impose a hefty fine.

Public Works Director Mishra stated the City of Berkeley had a similar fee structure, which was also similar to the fee structure proposed by Contra Costa County, although the County’s fees may be a bit more with the cap similar to the fee structure from other cities.

Mayor Pro Tem Sasai reported the Municipal Code Update Subcommittee had recommended the fee structure and cap as a sufficient number. He too recognized the City would not know how well the ordinance was working until it had been implemented and in place for a few months.

Pinole City Council Regular Meeting
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Council member Martinez-Rubin asked how to insert language where fees could be increased, particularly since the cost of maintenance increased over time and she did not want to have to amend the ordinance each time to ensure the City was keeping pace.

Public Works Director Mishra noted the ordinance stipulated the City Council would authorize the City Manager to make that change, it would not require the ordinance to come back to the City Council in that the City Manager would be authorized to make those changes.

City Attorney Casher clarified the City Manager would be authorized to change the energy fees (cost of the use) pursuant to the ordinance, with the overstay fee to be a different and separate fee. He recommended Section 10.80.010 City-owned Electric Vehicle (EV) Charging Station subsection G (4) be revised to increase the overstay fee from $1 to $2, or that the ordinance provide that every six months the fee could be adjusted by a certain percentage.

Council member Martinez-Rubin emphasized the ordinance would be in place but costs would continue to increase and maintenance be required, with the ordinance to apply to existing and future EV chargers. She would like to offer a motion that would allow enough flexibility to insert the best language to address the potential increases needed.

Mayor Toms suggested the item be continued to the next meeting of the City Council subject to:
• Revision to Section 10.80.010 City-owned Electric Vehicle (EV) Charging Station subsection G (4) to read: Overstay fee of $1.00 per minute up to 30 minutes, charged after 4 hours and 15 minutes of charging.
• Revision to Section 10.80.010 City-owned Electric Vehicle (EV) Charging Station subsection G (8) to read: Energy fees may be adjusted anytime PG&E increases.

City Attorney Casher added he would look to other Vehicle Code sections that could be cited within the PMC to provide more authority to tow.

Mayor Toms noted the Municipal Code Update Subcommittee would next meet on Monday, June 10, 2024, and that would provide an opportunity for the City Attorney to check-in.

Motion by Mayor Toms, seconded by Council member Martinez-Rubin to continue the consideration of the EV Charging Ordinance – 2nd Reading and Adoption, until the next meeting of the City Council scheduled for June 18, 2024, with the potential changes, as discussed, and allow the City Attorney to look at the Vehicle Code sections related to enforcement.

On the motion, Mayor Pro Tem Sasai asked whether the motion included the item to be heard by the Municipal Code Update Subcommittee on June 10, with revisions to be considered by the City Council at its June 18, 2024 meeting.

City Attorney Casher reiterated this was the second reading of the ordinance with a discussion of text amendments. It could be brought back as a public hearing or a business item and would still be the second reading.

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Council member Tave stated he would vote no on the motion. He found there had been a lot of work with no data behind it and while the direction could prove to better the ordinance, given the work to reach this point he wanted to see what would come out of that rather than revising the ordinance.

PUBLIC COMMENTS CLOSED
ACTION: Motion by Mayor Toms/Council member Martinez-Rubin to continue the consideration of the EV Charging Ordinance – 2nd Reading and Adoption, until the next meeting of the City Council scheduled for June 18, 2024, with the potential changes as discussed.

Vote: Passed 4-1
Ayes: Toms, Sasai, Martinez- Rubin, Murphy
Noes: Tave
Abstain: None

Absent: None
ACTION: Motion by Council member Murphy/Mayor Pro Tem Sasai to approve Item 9A, as amended, and Items 9B and 9C, as shown.

Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez- Rubin, Murphy, Tave
Noes: None
Abstain: None

Absent: None

10. PUBLIC HEARINGS
A. FY 2023/24 Utility User’s Tax (UUT) Review. Action: Item to be continued to the June 18, 2024 meeting. (Markisha Guillory)
ACTION: Motion by Council member Tave/Mayor Pro Tem Sasai to continue FY 2023/24 Utility User’s Tax (UUT) review to the City Council meeting of June 18, 2024.

Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez- Rubin, Murphy, Tave
Noes: None
Abstain: None

Absent: None
B. Single Use Plastic Foodware and Bag Reduction Ordinance. Action: Conduct a public hearing. (Kapil Amin, Lilly Whalen)
Lilly Whalen, Community Development Director, introduced Sustainability Fellow Kapil Amin who provided a PowerPoint presentation on Single Use Plastic Foodware and Bag Reduction Ordinance, which included an overview of the regulation of single-use plastics; development timeline for the ordinance; key survey findings from retail businesses and community feedback; who would be impacted by the ordinance; what food providers would need to change;

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compostable foodware requirements; other ordinance components for food providers; what retailers would need to change; ordinance components for retailers; waivers; extension of time; transition timeline and the fiscal impacts to businesses and the City of Pinole.

The City Council was asked to conduct the public hearing and first reading of the ordinance adding Chapter 8.38 “Single-Use Plastic Foodware and Bag Reduction” to the PMC.

Council member Martinez-Rubin asked how the ordinance would apply to City facilities, whether the City was considered to be a food provider and whether any City facilities would be excluded from the ordinance, to which Mr. Amin clarified any prepared food would qualify for the ordinance.

Community Development Director Whalen read into the record section 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.

Council member Martinez-Rubin understood gross receipts were not available to the City unless there was some compelling legal reason that allowed the City to tap into gross receipts for small eateries. She was surprised to see a reference to gross receipts in Section 8.38.110, Waivers – process to obtain, particularly for those eateries that may require monetary assistance from the City one way or another and that may likely request a waiver.

Community Development Director Whalen understood the intent of Section 8.38.110 had been to acknowledge that smaller businesses may have difficulty complying with the ordinance and that was how the section had come together. She was uncertain how that was verified if by gross receipts less than $500,000 annually or not.

City Attorney Casher referenced Section 8.38.050 Takeout Food subsection F, which read: A Food Provider may request, pursuant to Section 8.38.120, to extend the time period to 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 employee equivalents or less; b) Have gross receipts less than $500,000 annually; c) Provide documentation of good-faith efforts to obtain and comply with provisions of Section 8.38.050 in addition to an explanation of why additional time is needed. That could be confirmed by a business being asked to provide confirmation that by signing under penalty of perjury the information was accurate and not require submittal of gross receipts.

Council member Martinez-Rubin understood that availability of gross receipts had been a barrier for the City to determine revenue generated for certain eateries that continually needed assistance in some form or another and she asked staff to flag that issue. She also asked about the maximum number of waivers that would be allowed.

Community Development Director Whalen clarified the ability for a business to request a waiver as reflected under Section 8.38.110 Waivers – process to obtain.

Community Development Director Whalen also highlighted Section 8.38.120, Extension of time – process to obtain. She would have to get back to the City Council on the timeline for the waiver of each individual item under Section 8.38.110.

Pinole City Council Regular Meeting
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Mr. Amin clarified if the supply chain had not reached certain products, a list was updated every so often with some items removed as the supply chain had caught up with a maximum waiver of two years for certain items. Staff could maintain that list as other cities had done.

Council member Martinez-Rubin asked about the details of the administrative citation and whether there would be any financial consequences.

Community Development Director Whalen reported that administrative citations would be sent via certified mail and begin at $100 for the first violation, $200 for the second and $500 for the third violation for any calendar period of one year. As to whether that could be a potential consequence of obtaining a business license in the City of Pinole, she would have to review the ordinance in conjunction with the administrative citation provisions to see what could happen after the fourth and fifth violation citations had been issued.

Council member Murphy clarified the program around education and technical assistance and verified with Mr. Amin he had looked into ReThink Disposable, a go-to technical assistance program for many local jurisdictions, with the local chapter being the Plastic Reduction Project, which helped to facilitate assistance. The City of Pinole was not currently a member of Rethink Disposable or any entity at this time that provided technical assistance.

Council member Murphy understood the ask was for the approval of additional funds for teaching assistance and education for businesses throughout FY 2024/25 in the amount of $50,000, and he understood through Mr. Amin that $10,000 was a suggested donation to the Plastic Reduction Project, which enlisted the support of volunteers to educate businesses and help with inventory conversations. He added that ReThink Disposable could also go up to $50,000.

Community Development Director Whalen added that ReThink Disposable could also help with waiver and time extension requests and clarified that the budget request had not been included in the current budget.

Council member Murphy understood the ordinance would impact the City’s water treatment and asked whether Sewer Enterprise Funds could be used for a technical assistance and education program if the ordinance moved forward.

Finance Director Markisha Guillory was uncertain and suggested more research was needed.

Community Development Director Whalen commented that staff would have to return with a proposal and the costs associated with the proposal and she anticipated that would happen in the July timeframe. If the ordinance was adopted at the June 18, 2024 meeting, staff would start with education to the business community, which could be done in-house with the Sustainability Fellow.

Further responding to Council member Murphy as to how staff reached a high response rate from businesses, Mr. Amin stated that was due to his repeatedly meeting with businesses one-on-one, and meeting with independent business owners and managers of corporations.

Community Development Director Whalen added that outreach also had been done through platforms such as snail mail and surveys in four different languages to businesses, and Mr. Amin had also worked with the Plastic Reduction Project, which volunteered to help achieve the response rate with local businesses.

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Council member Tave asked whether the National Pollutant Discharge Elimination System (NPDES) permit for the Pinole-Hercules Wastewater Treatment Plant could be reviewed for a nexus between the waste out through the creek and storm drains during the first flush to the Treatment Plant since the NPDES permit dictated what the City may do.

Mayor Toms noted the two different functions; plastic gets into the storm drains which gets into the creek which was not treated at the Wastewater Treatment Plant.

PUBLIC HEARING OPENED
Rafael Menis read into the record Section 8.38.010, the Council of the City of Pinole finds and declares as follows: subsections A through H in its entirety and highlighted Section 8.38.110 Waivers – process to obtain. He also referenced Page 182 of 643 of the agenda packet, Phasing Out Single-Use Plastics in Pinole, issue Summary and Outreach Results, Republic Services Waste Hauler Information, and the recommendation that aluminum food containers not be used, and he asked why that would be permitted in the ordinance.

Ann Moriarty, Friends of Pinole Creek Watershed, thanked the City for the continued collaboration that benefitted Pinole Creek and the community; and commended City staff including Sarrah Patton, Sanjay Mishra, Fiona Epps, Leticia Andreas, Kapil Amin, and Lilly Whalen and now the City Council who all deserved the community’s thanks.

Ms. Moriarty noted the ordinance responded to data gathered by hundreds of volunteers who had cleaned up trash in Pinole’s parks, trails, creeks and streets with the overwhelming amount of trash identified in the Single Use Assessment Project, single use plastic, much of which had been generated by local businesses. Single use plastics affected all in the watershed, Bay and ocean.

She noted in April 2022 together with Earth Team, Friends of Pinole Creek Watershed presented the data and community response from the Trash Assessment Community Science Project to the City Council, along with a list of requests for follow-up and collaboration, which she highlighted at this time. The codification of the ordinance made clear the City of Pinole would affect positive transformation for the watershed and the greater community of Pinole.

Paula Jarvis supported the comments offered by Ms. Moriarty. She had volunteered for trash clean-ups for years and saw the dramatic improvements as part of those efforts. Having walked the creek daily, she supported the ordinance, suggested it was more than a question of water quality and quality of the environment but protection of the creek and all that resided in the creek area along with civic pride, and taught children how to protect their own backyard and creek.

John Jarvis also a volunteer with Friends of Pinole Creek Watershed who had participated in numerous trash clean-ups, noted the trash in the creek of particular concern were the grocery bags that broke down over time and were almost impossible to remove from the sediment and debris from the creek. Removing those items from their source would significantly improve the creek, which traveled directly to the Bay and fed into the ocean and the City had a responsibility to step up and support the ordinance.

Sherry Engberg, also a member of the Friends of Pinole Creek Watershed concurred with the comments and urged the City Council to adopt the ordinance.

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Dr. Win Cowager reported he had the opportunity to work with Friends of the Pinole Creek Watershed on the study referenced and to speak to the City Council a year ago. He supported the ordinance, the great work the City of Pinole was doing, and commented that Pinole offered a ray of hope to the future of a trash free world.

PUBLIC HEARING CLOSED
Council member Martinez-Rubin thanked everyone for the effort on the ordinance.

Mayor Toms concurred and thanked all advocates, staff and Friends of Pinole Creek Watershed.

ACTION: Motion by Council member Tave/Mayor Pro Tem Sasai to conduct the first reading of an ordinance adding Chapter 8.38 “Single-Use Plastic Foodware and Bag Reduction” to the Pinole Municipal Code.

Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez- Rubin, Murphy, Tave
Noes: None
Abstain: None

Absent: None
City Attorney Casher advised the second reading would be on the next agenda of the City Council and once adopted the ordinance would go into effect January 1, 2025.

C. Military Use Equipment Policy and City Ordinance AB 481. Action: Conduct Public Hearing and Introduce Ordinance on First Read (Jeremy Crone, Eric Casher)
Pinole Police Commander Jeremy Crone provided a PowerPoint presentation on California Assembly Bill 481 “Military Equipment Policy” Public Hearing, which presentation mimicked a presentation to the City Council on May 21, 2024, as part of the public engagement hearing.

Council member Tave asked whether there had been other calls for equipment that had not been met with existing resources.

Commander Crone explained that there had been multiple situations where the Unmanned Aerial System (UAS) would have been used had the City had that equipment. He clarified the intent was to have two drones for redundancy in the event one went down, and he could think of about half a dozen times throughout the year where that resource would have been immediately deployed, if available.

Interim City Manager/Police Chief Gang offered examples where UAS/drones could be used.

Council member Tave understood the UAS/drones would be a great resource for the Police Department and given it was new equipment that would be introduced to the City, he was curious about the possible frequency of use and how it would aid the Police Department.

Interim City Manager/Police Chief Gang commented it was difficult to identify the number of times the UAS would be used and he again offered examples of how the equipment could be used.

Pinole City Council Regular Meeting
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PUBLIC HEARING OPENED
Rafael Menis seconded comments made by Anthony Vossbrink during the May 21, 2024 City Council meeting regarding the deployment of the Mine Resistant Ambush Protected Vehicle (MRAP): Emergency Rescue Vehicle (ERV), and that it be deployed on non-grass areas to avoid damaging City parks when deployed during community events. As to the drone policy, he appreciated the explicit segment which spoke to the prohibition of the use of drones and he read into the record that section of the ordinance but expressed concern with the flip side of how people may not see the use of drones as being beneficial. He asked whether a drone could be dedicated to the high school at all times for monitoring purposes of routine conflicts, whether there would be tactical situations where more than one drone was needed since one drone was intended to serve as a backup, and if both drones were used and burned out, there could be an issue. In terms of privacy, he appreciated that “exigent circumstances” had been explicitly added to the language of the policy, but would like more detail included as to what “reasonable precautions” were with more than one example provided along with categories such as the use of thermal imaging that would be worth noting.

Irma Ruport commented she had spoken to a few of her neighbors who had seen the ordinance and who had questioned why this ordinance was needed. From a public safety officer family, she respected the career but questioned there had been no complaints about the military equipment.

She reported there had been many complaints on NextDoor, particularly when the military equipment had been deployed to community events and parked on the grass, leaving people nowhere to sit and damaging the grass. She had sent an email to the City Attorney regarding the parking on the grass and the City Attorney had responded that direction must come from the City Council. She asked that the display of military equipment at community events be left off of the grass areas of City parks. She further questioned why this military equipment was needed given the size of the City, efforts to reduce the City budget, and with the equipment used infrequently.

She suggested the equipment could be moved to a larger jurisdiction and when needed by the City of Pinole could be available through mutual aid.

Amy Eubanks, Pinole Police Officer, representing the PEA President, spoke to the usage of drones, and explained she had been on the graveyard shift in the last two years and could count several occasions when a drone would have been beneficial and the City did not have access through neighboring agencies. She highlighted two incidents in which she had responded where access to a drone would have been useful. She agreed that deployment of the MRAP-ERV not be on grass considering the navigation of parks to be nice and not require more maintenance.

She supported the retention of the MRAP-ERV and suggested the minimal costs of having and maintaining that equipment in the City would be beneficial.

PUBLIC HEARING CLOSED
Council member Murphy offered a motion, seconded by Council member Tave to introduce the ordinance and waive the first reading for Military Use Equipment Policy and City Ordinance:

AB481.

Mayor Toms asked whether the Police Department could be directed not to have the MRAP vehicles parked on the grass areas of the parks and whether that could be incorporated into a motion approving the ordinance.

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City Attorney Casher reported the City had park rules that had been adopted by resolution and codified in PMC, Chapter 12.08.040, with vehicles not to be placed on lawns within parks in the City, with an exception for public safety/emergency vehicles and the Car Show, but the City Council may provide direction to staff.

Mayor Toms thanked Officer Eubanks for the comments on needing a vehicle in the event of an emergency, and if there was a situation that affected multiple neighboring jurisdictions, the City of Pinole may not have access to that equipment through mutual aid. While she recognized the MRAP-ERV was a concern for some citizens, it was a resource available to the City in the event of an emergency.

ACTION: Motion by Council members Murphy/Tave to conduct the first reading of 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 Assembly Bill 481, and approve the 2023/2024 Pinole Police Department Annual Military Equipment Report.

Vote: Passed 4-1
Ayes: Toms, Martinez- Rubin, Murphy, Tave
Noes: Sasai
Abstain: None

Absent: None
ACTION: Motion by Council member Murphy/Mayor Toms that the MRAP-ERV may not park in the park grass areas, with the exception of emergencies.

Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez- Rubin, Murphy, Tave
Noes: None
Abstain: None

Absent: None

11. OLD BUSINESS
A. Revised Proposed FY 2024/25 Operating and Capital Budget. Action: Receive a Report and Provide Direction (Markisha Guillory)
Finance Director Guillory provided an extensive PowerPoint presentation on the Revised Proposed FY 2024/25 Operating and Capital Budget and budget balancing strategies for City Council consideration. She stated the revised budget included an overview of the background of the budget discussions: Revised Proposed General Fund and Baseline Budgets; one-time operating budget items; Capital Improvement Projects (CIP); additional budget considerations and Fund Balance Summary. She also presented the budget balancing strategies for consideration based on the 6 and 10 percent budget reductions across all City Departments, which had been detailed in depth in the June 4, 2024 staff report.

The City Council was asked to consider the following: implementation of the 6 percent reduction that would balance the budget; implement the 10 percent reductions that would balance the budget and create a surplus of about $1 million; freeze one or more of the five vacant positions funded in the budget that would result in savings of about $430,000, which was the net of the total

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amount budgeted for the vacancies ($940,000), with the vacancy savings factor ($510,000) that had already been included in the budget. The staff report also detailed the vacant positions in the Police and Public Works Departments.

Additionally, Finance Director Guillory stated the City Council may consider reducing the General Reserve from 50 to 40 percent of the total ongoing General Fund expenditures and move the difference, approximately $1 million to the General Fund, which would reduce the current balance of $10.3 million to $9.3 million. At the 40 percent level, the General Reserve provided five months of coverage as opposed to six months of coverage at the 50 percent level. This would be a onetime short-term solution and should not be used on an ongoing basis. It was noted the Government Finance Officers Association (GFOA) and industry standards recommended 18-25 percent reserve levels. At the 40 percent level, the General Reserve would remain slightly higher than the standard practice. The City Council may implement any of the described options or other options
Finance Director Guillory also highlighted the Community Budget Survey Results and the community budget priorities based on 79 respondents, and items that had been identified as Very/Extremely Important. Input on proposed budget reductions based on the 6 and 10 percent reductions had shown public safety as the priority for the community, with 52 percent of the respondents in support of moving funds from the General Reserve to address the budget shortfall.

In terms of the next steps, the City Council was asked to direct staff on which budget balancing strategy to implement and provide input on the Community Development proposed new positions and incorporate changes into the Final Proposed Budget, to be presented to the City Council at its June 18, 2024 meeting for adoption.

Responding to specific questions from the City Council about the budget, Interim City Manager/Police Chief Gang, Finance Director Guillory, City Clerk Bell, City Attorney Casher, Community Development Director Whalen, Public Works Director Mishra, Community Services Director Dwyer and Commander Crone clarified:
• Clarified CIP Project #FA1901, Senior Center Auxiliary Parking Lot, removal of the additional parking lot from the project would not impact the Baseline Budget since it involved one-time items, with the Baseline Budget being the budget that had the structural imbalance. The Revised Proposed Budget included the Baseline Budget and the OneTime Operating Budget items.

While the removal of the additional parking lot from #FA1901 would provide more funds in the Unassigned Fund Balance, it would not change the Baseline Budget. If some funds from the project were unencumbered, the Unassigned Fund Balance, separate from the General Reserve, would go up. (Murphy)
• Clarified if $400,000 was unencumbered from #FA1901and placed into the Unassigned Balance, it could be used to meet the request for funding as outlined in the presentation for the Single Use Plastic Foodware and Bag Reduction Ordinance. (Martinez-Rubin) • Reductions in the City Clerk’s Department would impact Professional Services, such as the transcription of meeting minutes. Given the length of City Council meetings and the level of detail, in order to reduce the budget, significant changes would need to be made to that process. An outside consultant had been used for those services during the

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pandemic and during the transition to hybrid meetings, where more support for an accurate record was needed and it had become valuable to staff to have a more detailed transcription, and the City Council seemed to like that shift as well. Prior to that, action style minutes had been prepared since the City Clerk had been hired in 2019 and the City Clerk had prepared the action minutes. To maintain the level of detail in meeting minutes would require a staff person to go back and review the entire meeting and given the length of City Council meetings, there would be significant impacts to the ability of staff to do the additional required work. (Mayor Pro Tem Sasai)
• Clarified the proposed reductions in the City Attorney’s Department. The City Attorney was not required legally to staff Planning Commission meetings but attendance had been done to advise on Brown Act issues or zoning code issues, but attendance could be done on an as-needed basis. Reducing the requirement for a staff person from the City Attorney’s Office to attend Planning Commission meetings would free up one to two hours and the preparation time for the meeting. The Municipal Code Update Subcommittee also involved time (one to two hours) to prepare staff reports for the meetings and discontinuing those meetings would also provide reductions. (Mayor Pro Tem Sasai) • Clarified the proposed line-item reduction for the Police Department for the In-Time Scheduling system, with the total five-year contract cost of $42,000 and annual budget expenditure of $8,000. The In-Time Scheduling system allowed scheduling of personnel with overlapping shifts, time off, overtime coverage requests, vacation schedules and shift picks and encompassed the entire Police Department organization. Reduction of this program would involve an adjustment/correction and showing the annual budget expenditure of $8,000. (Mayor Pro Tem Sasai)
• Clarified the City Council proposed reduction for the Council Intern Program, which program was currently budgeted at $6,000 annually for five interns. A 10 percent reduction would result in the elimination of three interns. (Mayor Pro Tem Sasai) • Clarified the City Council travel budget had not been proposed to be reduced but staff recognized a recommendation for a reduction in travel and training, with staff clarifying the allocation had been well used over the years and had value to the City Council, which was the reason staff had not recommended a reduction. (Martinez-Rubin) • Clarified the 6 and 10 percent reductions, with the 6 percent reduction to balance the budget and the 10 percent reduction to provide a surplus. Clarified the 6 percent reduction for the Police Department would involve the freezing of the two officer positions and prevent the Police Department from moving to the 4/10 schedule that would allow for 24/7 police services on the street and a necessity to train as opposed to overtime for training.

Noted that the schedule had been proven to be better mentally and physically for employees. (Tave)
• Rotational 12-hour shifts were also highlighted, with a reduction from a 12 to 10-hour shift allowing for more recovery time, more downtime between when a shift ended and when an officer had to report to court and return to work. A 10-hour rotational shift would involve an overlap, allowing officers time to complete reports and not require overtime. (Tave)

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Minutes – June 4, 2024

• Clarified the General Reserve contribution to stay at the 50 percent mark depended on expenditures. A mid-year review of the budget would allow another look at the budget and consideration of further adjustments. (Tave)
• Clarified for the Community Development Department the recommendation to replace the temporary, outsourced Senior Planner with a Planner I-III Series ($189,000) to be funded by the Building and Planning Fund and the recommendation to fund a Sustainability Coordinator in the amount of $115,000 to advance the work of the Climate and Adaptation Plan (CAAP) to be funded through grants only. Economic development work had been budgeted around $80,000 per year for part-time work done through a contract planning firm. (Tave)
• Acknowledged comments if the City Attorney budget was reduced the work would also be reduced; consider the capacity within the City Attorney’s Office budget based on the Council asks of the City Attorney; possibly consider Action Minutes or something more than Action Minutes for the City Council meetings and consider whether or not to continue the volume of mail-outs to the community. Requested clarification of the $20,000 budgeted for Emergency Operations Training (EOP) training. (Toms) • Clarified the search program for supplies from the Police Department budget had been included on the one-time list and had not been recommended for reduction. (MartinezRubin)

PUBLIC COMMENTS OPENED
Irma Ruport recognized that hard decisions needed to be made. As a retired federal government employee, her job had been eliminated and she had been forced to take a lesser job for lesser pay and when the government had recovered she had been able to get her job back. She recognized everyone would be affected by any reductions. As to the proposed recommended Professional Services reductions in the City Clerk’s Office, she pointed out the City had been sued and had poor record keeping in the past. She noted the transcription of notes had started again, there had been one City Clerk in the past who had retired, but there was now more staff in the City Clerk’s Office, and she suggested revisiting staff’s tasks and descriptions including other consultants who had been hired.

Ms. Ruport also asked about the $300,000 shown for the City Attorney’s Office and what that represented, whether part of the salary for the City Attorney or for lawsuits won or lost. She suggested an Oversight Committee be considered to review some of the accounting items to determine whether some of the tasks were being duplicated in some departments. Having Human Resources Department experience, she suggested that tasks be consolidated in that the City had hired a lot of new staff and had hired a lot of consultants to do staff’s jobs. Given the limited time to speak she would provide more comments in writing.

Rafael Menis referenced Page 310 of 643 of the agenda packet, and the proposed reductions for the Police Department, including the primary savings by freezing two Police Officer positions with a reference to the inability to fill COU with an officer. He asked for the definition of COU. For

reduction of library hours, he was uncertain the library hours could be reduced incrementally and asked why there had been a recommendation for the reduction in the library hours as opposed to

Pinole City Council Regular Meeting
Minutes – June 4, 2024

a reduction in animal services given the changes in funding allocations. He also asked whether a reduction in funding for the library could place matching funds for library maintenance and the eventual transfer of the library property to the City at risk.

As to the Reserve Policy reduction from 50 to 40 percent, Mr. Menis understood the reason it would work as opposed to the various one-tine reductions was that the reduction would be permanent on an ongoing basis and the ongoing costs would change. He suggested it was worthwhile for the City Council to consider since the biggest cost savings whether at 6 or 10 percent would fall on the Police Department. He asked whether it would be better to not force the Police Department to a 4/10 schedule in order to maintain the potential to deal with a catastrophic fiscal event, which would require six months of reserve or provide a better quality of life for the Police Department to offset some of the costs imposed on the community and have a slightly lower reserve, which would have ongoing impacts in the future.

Amy Eubanks, Pinole Police Officer, representing the PEA President, referenced the Community Budget Survey Results where the priority of the respondents was for no cuts to the Police Department and no reduction in the budget for the Police Department. She also referenced the 10 percent reductions for the Police Department and opposed the recommendation for reductions in training given the many benefits of training, which she described in detail. She also opposed the proposed elimination of Smart Guardian, a video surveillance tool, which was important to lead to suspects in thefts, auto thefts, hit and run cases, and property crimes among other things.

Officer Eubanks also opposed the freezing of positions that would prevent the Police Department from moving to the 4/10 shift, impacting health and wellness and eliminating overtime. Further, she opposed the freezing of a dispatcher position, which also experienced compassion fatigue and noted that existing dispatchers were overworked. She also opposed the elimination of the StarChase tool and highlighted the many benefits the tool provided the Police Department. She emphasized that cutting Police Department funds was not the right way to go.

PUBLIC COMMENTS CLOSED
Council member Tave recognized the City had a deficit, the funds were available to cover the deficit for one time and the City would be in this position yet again. He stated the City had to find a compromise, acknowledged they were waiting for the outcome of the November ballot measure, the polling had been favorable and he was confident residents were ready.

Council member Tave supported a 3 percent reduction with the augment from the Unassigned Fund Balance to be reevaluated in six months. He emphasized the upcoming election season that would be unprecedented and challenging leading to a drop in confidence and confidence in the economy. He wanted to be cautious but not overly cautious, suggesting a 10 percent reduction would be too deep of a cut, and 6 percent was where they may land in January 2025, but at this time based on the information at hand, a 3 percent reduction was reasonable with a close to 7 percent supplement to the budget with the Unassigned Fund Balance.

Council member Tave did not want to touch the General Reserve at this time since that could be considered in January 2025. He was okay with the Unassigned Fund Balance to the degree he described, and suggested Department Directors may reach some sort of compromise pending the hiring of a new City Manager. He recognized that making a drastic decision may not be palatable to the community, but a decision must be made.

Pinole City Council Regular Meeting
Minutes – June 4, 2024

Council member Martinez-Rubin commented she had always worked towards sustainable programs in the City to avoid deficits, but she realized there was a deficit since the Unassigned Fund balance had been used for several different projects including CIP projects. She noted the reserves had a high percentage at this point, now at $10.3 million, and any use of the reserves now would not obligate the City Council to continue that reduction in subsequent years. She suggested borrowing that reserve and considering some of the 6 percent reductions proposed, with the exception of reductions proposed in the Police Department, being responsive to the ongoing interests/requests from the citizenry to prioritize public safety.

Council member Martinez-Rubin commented it she was to go through the budget line by line, she was leaning towards reducing one-time funds and suggested given the options as presented by staff, including the consideration of a reduction in the General Reserve, that would be something to consider for FY 2024/25, which would allow for a balanced structural budget with the amount to be taken from the General Reserve, the equivalent of what was now presented in the 6 percent reduction. She found that CIP projects would cost more in the future whether the City had a tax measure or not, and commented that what was looming over cities was that they may not be able to increase sales taxes after this election cycle, which would also have to be taken into consideration.

Council member Martinez-Rubin suggested taking a look at the proposed 6 percent cuts for all City Departments. She suggested considering that reduction with the exception of any positions in the Police and Public Works Departments, and those amounts could be borrowed from the General Reserve for FY 2024/25.

Council member Martinez-Rubin clarified with the Finance Director the Unassigned Fund Balance was at $9.3 million with $8.9 million for one-time CIP projects.

Mayor Pro Tem Sasai did not favor a reduction in the General Fund Reserve from 50 to 40 percent, which was too deep. He suggested considering the reduction scenario and going through the line items to determine what was or was not essential and consider making the cuts and filling the remainder with the General Fund Reserve. He acknowledged this was a sensitive time at City Hall, some of the line items involved staff and he would not consider taking action on cutting current staff since more time was needed to engage employees and the public, which would be a discussion when the Final Proposed Budget returned to the City Council for consideration.

Mayor Toms suggested there were areas where reductions could be made but she was concerned with the Police and Public Works Departments staffing for the vacant positions, and not filling other vacant positions could be something that could put off, with the exception of the Public Works Department given the challenge to make progress on the CIP given the limited staff.

She was concerned with Public Works staff being funded solely by the General Fund and asked whether there were other sources of funding to cover some of the Public Works Department.

Finance Director Guillory confirmed there were a number of Public Works positions allocated to other funds and other non-General Fund allocations to staff time.

Mayor Toms recognized the difficulty in filling positions in the Public Works Department. As to whether or not to consider a fund balance or a portion of the General Fund Reserve, she was not willing to go down to 40 percent, but would be willing to consider some combination of unallocated

Pinole City Council Regular Meeting
Minutes – June 4, 2024

funds and reserves along with some cuts, but not staff cuts. She pointed out some training opportunities were available free of charge and staff could take advantage of other opportunities, and whether or not that could be revisited at the mid-year budget review would be determined if the measure passed in November, which was the direction she was interested in pursuing.

Council member Tave offered a motion for a 3 percent budget reduction and augment the other 3 percent with the Unassigned Fund balance to balance the budget.

Finance Director Guillory explained that given that the majority of the Unassigned Fund Balance had been earmarked for the CIP, some funds would have to be released.

Mayor Toms suggested any projects that were not started or funded.

Council member Tave suggested any CIP projects not funded. He referenced the waterfall chart which listed the CIP projects, and suggested holding off all CIP projects that were not in the design or planning phase.

Finance Director Guillory clarified the intent to adopt a budget with a structural deficit that would draw down on the Unassigned Balance whatever that number was. She clarified that if taking the 3 percent and applying that to whatever that difference was, to be pulled from the Unassigned Fund balance would show a structural deficit in that amount. She described the accounting process to balance everything.

Council member Tave again referenced the waterfall chart for CIP projects and, as an example, CIP Project #RO2403, Old Town Traffic Calming where funds had been assigned but there had been no activity and those funds had been encumbered as part of the Unassigned Fund Balance.

He asked staff to provide clarification.

Finance Director Guillory and Public Works Director Mishra clarified they would have to verify the funds for CIP Project #RO2403.

Council member Martinez-Rubin offered an amendment to the motion and recommended 3 percent reductions, as presented in the tables with the 6 percent reductions, except for the items related to staff and the sum for all the staff positions would be the amount to take from the General Reserve.

Further discussing the motion, Council member Murphy understood in order to have a structural balanced budget the City had to freeze hiring and that could be freezing positions the City currently did not have as opposed to cutting existing positions, which was the best solution and opportunity to explore when considering a ballot measure in November. He suggested the exercise of the 6 and 10 percent reductions was the education the public needed to pass the ballot measure. Given they were halfway through the calendar year, they could revisit the budget mid-year in January/February 2025.

Council member Murphy was challenged by the idea of moving the General Fund Reserve balance from 50 to 40 percent and he did not want to do that, and if freezing the positions, as recommended, he was informed by the Finance Director that would have to be netted against the vacancy savings factor, which had already been shown in the budget at $510,000.

Pinole City Council Regular Meeting
Minutes – June 4, 2024

Council member Murphy found that would get the City halfway to reducing the deficit, as opposed to having a structural deficit, the City could eliminate some items now and revisit the issue in January 2025, when additional funding may be available and Department Directors may at that time request those dollars. He found the need to freeze positions now to close the deficit making the passage of the ballot measure in November all the more important, and he emphasized the importance of educating the public about the ballot measure.

Mayor Toms asked the Public Works Director about the freezing of all positions, which included a CIP Manager at $200,000 and Associate Civil Engineer at $174,000. She asked whether either of the two positions could be funded by non-departmental funds.

Public Works Director Mishra explained staff had not recommended freezing the CIP Manager position, which was not funded from the General Fund although the bulk of the Associate Engineer position was funded from the General Fund.

Council member Murphy pointed out these were positions that were not currently filled. He recognized the challenges in the Public Works Department around hiring and commented they were not only talking about the fiscal year, but the calendar year together, and while challenging for everyone, he wanted to maintain existing services. If freezing positions would maintain what currently existed, his hope and goal was in November residents would know in order to maintain the progress made over the past few years, additional revenue was needed, which would impact the Baseline Budget positively.

Council member Martinez-Rubin noted one of the staff recommendations was to reduce the General Fund approximately $1 million ongoing, but she suggested it be just for the next FY 2024/25 and supplementing a reduction. She found the line items staff had provided for the 6 and 10 percent reductions to be helpful, and she wanted to recognize the positions presented in this budget and years prior that had not been filled, and emphasized that once filled would allow the City to make progress with the CIP. She also supported the public safety positions in the Police Department to maintain the level of services and prevent aspects of damage or harm to the City’s quality of life.

Council member Martinez-Rubin again offered a motion for staff to bring back revisions to the Baseline Budget that reflected the use of funds from the General Fund in the amount required to fund the positions presented now as possibly being frozen in the Police and Public Works Departments.

On this motion, Council member Tave asked if the proposal was to freeze the positions but Council member Martinez-Rubin clarified her intent was to keep the positions in the budget and fund them from the General Reserve and was not intended as an ongoing strategy just to balance the Baseline Budget. Council member Tave found that direction to be a contradiction.

Council member Martinez-Rubin noted they would need funds to continue those positions, and consider a sales tax measure in November which would help somehow.

Mayor Toms expressed concern if the positions were kept funded in the budget and staff recruited and filled the positions, the City may have to eliminate filled positions if the ballot measure did not pass. By freezing the positions, it would send the message this was the reality the City was experiencing now.

Pinole City Council Regular Meeting
Minutes – June 4, 2024

Council member Tave realized there had to be some reduction. The freezing of positions showed what was needed moving forward and he found they had taken the budget to that point and based on the community surveys, the community had seen what these services looked like and the issue was to maintain services until another revenue source presented itself. He was more comfortable slowing down CIP projects that were funded but not started, continuing with the projects that were currently allocated and then have a discussion in January 2025. He wanted to ensure they were conservatively walking into January 2025 with a balanced budget.

In response to the Mayor Pro Tem, Public Works Director Mishra reiterated that if the vacant positions for the Public Works Department were not filled it would impact all CIP projects not started and some of the current CIP projects may have to be delayed, and part-time consultants may have to be considered to carry through some projects that had been started.

Mayor Pro Tem Sasai asked for the motion to be repeated.

Council member Tave offered a motion to freeze the positions pursuant to the recommendation in the PowerPoint presentation, to freeze one or more of the five vacant positions that were funded in the budget, which would result in savings of about $430,000, and defer all CIP projects that were currently funded but not started in the CIP waterfall diagram and any CIP projects not started in the General Fund.

On this motion, Mayor Toms noted some CIP projects in the waterfall diagram were not funded by the General Fund but by other funds. She saw no reason to stop the work on those projects other than the fact the staff was not available to work on them.

Council member Tave sought an all-stop and stated the City Council could have a discussion again as it understood the budget come January 2025.

Mayor Pro Tem Sasai understood the motion did not include the budget reductions outlined in the 6 and 10 percent scenarios, other than the hiring freezes also included in the 10 percent reduction scenario.

Council member Tave confirmed, his motion would be steering away from operations and just freezing the positions listed in the third staff recommendation.

Mayor Toms commented that it made sense for the Council to consider some reductions in the City Council budget and other low hanging fruit reductions that should be evaluated.

Council member Tave again offered a motion, seconded by Council member Murphy to consider a hiring freeze on the positions listed in the strategies for the third staff recommendation for budget balancing strategies and freeze one or more of the five vacant positions that were funded in the budget, which would result in savings of about $430,000 and defer all CIP projects that had been funded but not started.

Council member Murphy explained he had seconded the motion with the understanding the action would not cover the budget shortfall.

ACTION: Motion by Council members Tave/Murphy to consider a hiring freeze on the positions listed in the budget balancing strategies to freeze one or more of the five vacant

Pinole City Council Regular Meeting
Minutes – June 4, 2024

positions that were funded in the budget, which would result in savings of about $430,000 and defer all CIP projects that had been funded but not started.

Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez- Rubin, Murphy, Tave
Noes: None
Abstain: None

Absent: None
ACTION: Motion by Council member Murphy/Mayor Pro Tem Sasai to extend the City Council meeting to 11:30 p.m.

Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez- Rubin, Murphy, Tave
Noes: None
Abstain: None

Absent: None
Finance Director Guillory clarified on the discussion that even with the motion the budget deficit would be close to $800,000 structurally.

Mayor Pro Tem Sasai spoke to the 10 percent reduction recommendation for the City Council budget that would reduce the Council Intern Program, a program he initiated to establish. He was the only Council member in the first term of the program who hosted two interns and had the capacity, and found the program to be a valuable resource. His two interns were well aware of the budget process and had done amazing work in terms of outreach in the community and hosted a workshop at Pinole Valley High School, amongst other tasks. He recognized each Council member had various capacities to host an intern. He asked whether any other Council member was interested in hosting an intern in FY 2024/25.

Council member Tave stated he did not have the capacity to host an Intern.

Council member Murphy was interested in hosting an intern for FY 2024/25.

Mayor Pro Tem Sasai offered a motion, seconded by Council member Tave to move forward with the reduction of the Council Internship Program at the 10 percent reduction rate, to accommodate one intern each for Council member Murphy and Mayor Pro Tem Sasai.

Mayor Toms stated she could not support the motion unless it came out of a budget for each Council member.

Mayor Pro Tem Sasai wanted the program to come out of his budget, which would be fair, and rather than a separate internship program and separate training budget, suggested it be combined as a budget for each Council member and then determine how the funds should be spent.

Council member Murphy questioned the opposition to cutting the City Council budget by 10 percent and he asked why there was opposition given some Council members did not have the capacity to host an intern.

Pinole City Council Regular Meeting
Minutes – June 4, 2024

Council member Martinez-Rubin commented the interns were City interns, and if each Council member had a budget, they could then determine how to use the funds. She supported a caveat on what the interns would do so the project would be something the entire Council would determine, and while Council member Murphy disagreed, she noted they were not an agency to use public funds to create learning opportunities for specific individuals to serve specific Council members.

While there was disagreement on the Council as to the purpose of the Council Internship Program, Mayor Pro Tem Sasai again highlighted the benefits of the Council Internship Program, the interns’ incredible outreach in the community and other tasks and shared an example of one of his intern’s working with the City Clerk, who later expressed an interest in being a City Clerk one day. He emphasized the learning opportunity and impacts to the City Council and City as a whole.

He stood by the fact there had been positive impacts from the program and he again pointed out he was willing to cut 10 percent of the program.

Council member Murphy also detailed the benefits of the Council Internship Program, with the City Clerk and Human Resources Departments having worked diligently to ensure the program happened, and which program had clear objectives and criteria and process for hiring interns and there was a reason why it was a Baseline Budget item. He pointed out every intern had reached out to each Council member, interns continued to show up at Council meetings and had been accomplices to the work of the City Council. Given that three Council members were not interested in having an intern, he questioned the lack of support for the proposed 10 percent reduction to an efficient program.

Council member Martinez-Rubin explained her comments were a reflection of what other people in the community did not see.

ACTION: Motion by Mayor Pro Tem Sasai/Council member Tave to move forward with the reduction of the Council Internship Program at the 10 percent reduction rate to accommodate one Intern for Council member Murphy and one Intern for Mayor Pro Tem Sasai.

Vote: Passed 3-2
Ayes: Sasai, Murphy, Tave
Noes: Toms, Martinez-Rubin
Abstain: None

Absent: None
In response to Council member Murphy, Finance Director Guillory clarified the new position proposed for the Community Development Department for a Housing and Economic Development Coordinator was not an existing position and not part of the prior motion to consider a hiring freeze of the positions listed in the budget balancing strategies.

Community Development Director Whalen reiterated the Community Development Department budget of $80,000 for consultant assistance to help with economic development work.

Community Development Director Whalen would bring back economic development strategies in year two and what could be done with that funding.

Pinole City Council Regular Meeting
Minutes – June 4, 2024

Public Works Director Mishra also detailed 10 percent proposed reductions to the Public Works Department and clarified the recommendation was not to eliminate all Professional Services, but reduce by $20,000 a line-item for professional engineering support for road maintenance, which may eliminate some testing services needed from time to time. Also, the recommendation to reduce the Analyst role may modify the position of the Admin Analyst and someone may have to be demoted.

Council member Murphy offered a motion to strike the Support Economic Development Coordinator position from the Community Development Department budget; $20,000 allocation for Professional Engineering support for road maintenance and the line item under Admin Expense and Special Department for recommendations of Beautification Ad Hoc Subcommittee from the Public Works Department budget. He understood the Public Works Department had already made the decision to eliminate the Admin Coordinator position and confirmed with the Finance Director it was not relevant to the Baseline Budget and some of the items were repeat items from prior discussions.

Council member Murphy also suggested all Human Resources Department proposed reductions be included in the motion.

Mayor Toms asked that the motion include all reductions mentioned with the exception of the Public Works maintenance.

Council member Murphy could make the amendment but understood the Public Works Director had provided a proposed reduction which reduced Public Works maintenance a bit.

Mayor Toms commented based on her reviews over the past number of years and in the last weekend, she had seen really dire road conditions and was hesitant to include that in the motion.

She seconded the motion.

Council member Murphy commented if he removed the road maintenance item, he would like to strike the entire City Treasurer budget at $9,000.

Finance Director Guillory was uncertain whether the stipend for the City Treasurer could be reduced and the City Attorney confirmed he would have to check into whether the stipend for the City Treasurer could be removed.

Mayor Toms suggested after the term of the current City Treasurer expired possibly the stipend could be reduced.

Council member Murphy clarified he was not saying the City Treasurer could not serve in office, but the budget could be reduced and the amount could be substituted with road maintenance, and if the PMC allowed for the stipend to be reduced that should be under the authority of the City Council.

City Attorney Casher advised that Section 2.16.010 of the PMC allowed compensation to the City Treasurer, which should be fixed from time to time by resolution of the City Council and the City of Pinole, and he needed to review the resolution to confirm prior to action being taken.

Pinole City Council Regular Meeting
Minutes – June 4, 2024

Council member Murphy removed that from his motion pending more information from the City Attorney.

Council member Murphy further clarified with the City Clerk the budget for the City Clerk’s Department for the 10 percent reduction scenario would eliminate all travel and training for the City Clerk’s Department and he commented that when eliminating things not everything would happen tomorrow. He suggested that $5,000 could be eliminated now allowing the City Clerk’s Department to have some training and then consider a mid-year budget adjustment in January/February, and Finance Director Guillory clarified that could be done.

Council member Murphy asked that his motion also include a reduction of $6,000 from the City Clerk’s Budget for travel and training.

Mayor Toms again seconded the motion and in response to Council member Martinez-Rubin clarified the motion included a reduction in the Human Resources Department in the amount of $57,000.

Finance Director Guillory clarified that $57,000 in reductions from the Human Resources Department was under the 6 percent reduction scenario but the reduction would be $93,000 at the 10 percent reduction scenario.

Council member Murphy clarified he was using the 10 percent reduction scenario as the baseline for reductions in an effort to maintain existing services and not have to cut any City staff.

Council member Murphy suggested a 6 percent reduction in the Human Resources Department as part of his motion.

ACTION: Motion by Council member Murphy/Mayor Toms to:
• Strike Support Economic Development Coordinator position per the Community Development Department budget 10 percent reduction scenario. • Strike the line item under Admin Expense and Special Department for recommendations of Beautification Ad Hoc Subcommittee per the Public Works Department budget 10 percent reduction scenario.
• A reduction of $6,000 from the City Clerk Budget for travel and training per the 10 percent reduction scenario.
• A 6 percent reduction in the Human Resources Department per the 6 percent reduction scenario.

Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez-Rubin, Murphy, Tave
Noes: None
Abstain: None

Pinole City Council Regular Meeting
Minutes – June 4, 2024

Absent: None
Finance Director Guillory was asked to provide a tally of the reductions based on the actions taken which she provided as the discussion continued.

ACTION: Motion by Council member Murphy/Mayor Pro Tem Sasai to extend the City Council meeting to 12:00 a.m.

Vote: Passed 4-1
Ayes: Toms, Sasai, Martinez- Rubin, Murphy
Noes: Tave
Abstain: None

Absent: None
ACTION: Motion by Mayor Pro Tem Sasai/Mayor Toms to discontinue the Municipal Code Update Subcommittee meetings and discontinue a representative from the City Attorney’s Office covering Planning Commission meetings, other than on an on-call basis.

Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez- Rubin, Murphy, Tave
Noes: None
Abstain: None

Absent: None
The City Council discussed Special Events and Special Department Expenses, as shown on Page 500 of 643 of the agenda packet, and as part of Fiscal Year (FY) 2024/25 Operating and Capital Budget Department Budgets – Community Services, and discussed whether any community events should be eliminated.

Finance Director Guillory clarified on the discussion of Special Events, as shown on Page 500 of 643 of the agenda packet, and as part of Fiscal Year (FY) 2024/25 Operating and Capital Budget Department Budgets – Community Services, that the General Fund transferred funds into the Recreation Fund for those events and if reduced would lower the subsidy to the Recreation Fund.

Council member Murphy wanted to consider the Department Director recommendations as proposed.

Community Services Director Andrea Dwyer clarified that cutting or reducing Special Events had not been offered at his time given the staff direction to consider 6 and 10 percent reductions but Special Events items line-by-line could be considered for reduction.

The City Council discussed Special Events and Special Department Expenses, which had not been identified for reduction and the Mayor commented that some of the community events involved events in the next six months where it made no sense to cut since the City could lose money.

Mayor Toms suggested the General Reserve could be reduced to 45 percent from 50 percent and asked whether that would close the gap.

Pinole City Council Regular Meeting
Minutes – June 4, 2024

Council member Murphy suggested some of the recommendations for reductions could have been considered during a Finance Subcommittee meeting.

Mayor Toms and Mayor Pro Tem Sasai explained that the Finance Subcommittee had last met in April and the proposed budget reduction scenarios had not been presented at that time. The Finance Subcommittee had only discussed the preliminary proposed budget.

Mayor Pro Tem Sasai suggested for 2025, this discussion be agendized for the Finance Subcommittee which could bring forward recommendations for City Council consideration that may reduce the amount of discussion.

Council member Tave agreed the Finance Subcommittee should provide recommendations in the future, which would have been helpful as part of the current discussion.

Council member Murphy spoke to the operating subsidy and his understanding the current budget would be paying $120,000 for the FY 2024/25 Fourth of July celebration and suggested that cut should be made.

ACTION: Motion by Council member Murphy/Mayor Toms to eliminate $120,000 from the FY 2024/25 budget for the Fourth of July celebrations.

Vote: Passed 5-0
Ayes: Toms, Sasai, Martinez- Rubin, Murphy, Tave
Noes: None
Abstain: None

Absent: None
Finance Director Guillory confirmed in response to Council member Murphy that reduction would impact Non-Departmental reductions. She advised the total General Fund subsidy to the Recreation Fund was $799,000, with the 10 percent in reductions for Non-Department items, as shown, which staff had proposed to reach the 10 percent in reductions. If Council member Murphy sought a reduction in the General Fund subsidy to the Recreation Fund in the amount of $250,000, as an example, she noted the fund was not fully cost recoverable and the City would have to reduce expenditures in the fund if that was done.

Community Services Director Andrea Dwyer clarified if the City Council sought cuts in recreation and not bodies, it would require a reconfiguration of the expenses such as looking at cuts to the Swim Center, Senior Center, special events or possibly staff positions. She detailed some of the costs associated with some of the Recreation Department events including marketing of programs and branding of events to the community, and she would have to return with a dollar amount showing 10 percent reductions.

Council member Murphy recognized the Non-Departmental and Community Services Department budgets would affect recreation.

Council member Murphy sought more information at the next meeting with line-by-line items to better understood both budgets and to allow the City Council to resource for the rest of the calendar year and then discuss the next part of the Fiscal Year and first part of the calendar year.

Pinole City Council Regular Meeting
Minutes – June 4, 2024

Community Services Director Dwyer cautioned that many recreation events had been planned far in advance and if she were tasked to return with more than 10 percent in cuts specifically for recreation it would require a greater evaluation since it would be beyond an event or program.

Finance Director Guillory reported based on the discussions the Council had discussed cuts of $716,000 with approximately $438,000 remaining to be identified for reduction, which would bring the General Reserve down to 46 percent.

Mayor Toms summarized the reductions proposed thus far.

Council member Murphy clarified on the discussion when he had discussed the freezing of positions, he was considering the 10 percent reduction scenario not the 6 percent scenario. As an example, one of the proposed Department reductions for the Police Department was to Freeze Four (4) Officer Positions (A step) - Prevent movement to modified 4/10 plan and inability to fill COU with officer. Will have significant negative impact on Community Engagement events and programs.

Finance Director Guillory explained that she had used the amount for the positions listed in the June 4, 2024 staff report, which may be a bit different, with the positions in the staff report capturing two Officers and a Sargeant ($430,000), and if considering a 10 percent reduction that would be a higher number that would have to be calculated.

Council member Murphy clarified his motion had been to freeze every position at the 10 percent reduction scenario.

Council member Tave commented he had been calculating at the 6 percent reduction scenario, not the 10 percent reduction scenario, and he was suggesting if freezing positions at 6 percent that was the middle road, but if that did not close the gap, the City may have to consider other options and that may be where they were at.

Finance Director Guillory clarified the number was $538,000 for the vacancies and they were now at $816,000, with $338,000 remaining to be reduced.

Council member Martinez-Rubin asked about the membership dues for the Local Agency Formation Commission (LAFCO), and clarified the City’s membership in LAFCO was required.

Council member Tave suggested the City Council consider the General Reserve reduction of 5 percent from 50 to 45 percent and 6 percent reductions in the Police Department. He asked where that would place the deficit.

Interim City Manager/Police Chief Gang clarified the City of Pinole shared dispatch costs with the cities of Hercules and San Pablo.

Finance Director Guillory estimated $250,000 at 45 percent of the General Reserve, but if expenditures were reduced it would reduce the amount needed at the 50 percent level.

Mayor Toms offered a motion for staff to take a look at using the remainder of the delta from the General Reserve.

Pinole City Council Regular Meeting
Minutes – June 4, 2024

Council member Tave again suggested considering a reduction of the General Reserve from 50 to 45 percent, along with a discussion of replacing some of what had been taken out.

Mayor Toms withdrew her motion.

Council member Tave offered a motion, seconded by Mayor Toms to reduce the General Reserve from 50 to 45 percent.

On the motion, Council member Martinez-Rubin clarified that the recommendations were for one fiscal year.

Council member Tave suggested that could be discussed in the future. He found that Council member Murphy and the Mayor Pro Tem offered significant reductions with the General Reserve being the last option for a balanced budget moving into the new fiscal year.

Mayor Pro Tem Sasai clarified the motion was to reduce the General Reserve from 50 to 45 percent. He asked if that 5 percent reduction was the delta they were looking for.

Finance Director Guillory explained she would have to do the calculations to reduce the expenditures first and then calculate the 50 percent and then take the delta.

Council member Tave suggested they would have the results of that calculation at the next meeting, which could then be more refined.

Council member Martinez-Rubin clarified with the Finance Director that adoption of the budget had been scheduled for City Council consideration on June 18, 2024.

Council member Tave suggested the point of this exercise was that the City Council, staff, and the public knew what they were looking at going into the next fiscal year and whatever adjustments, savings and revenue that could be generated would be what they should be thinking about when moving into the next fiscal year.

ACTION: Motion by Council member Tave/Mayor Toms to reduce the General Reserve from 50 to 45 percent.

Vote: Passed 4-1
Ayes: Toms, Sasai, Martinez- Rubin, Tave
Noes: Murphy
Abstain: None

Absent: None
B. Revised Proposed FY 2024/25 Five-Year Capital Improvement Plan (CIP).

Action: Receive Report and Provide Direction (Sanjay Mishra) Public Works Director Mishra suggested the item could be deferred to the June 18, 2024 City Council meeting. He stated there had been no significant changes to the CIP and the budget discussion had been helpful.

12. NEW BUSINESS: None

Pinole City Council Regular Meeting
Minutes – June 4, 2024

13. CITIZENS TO BE HEARD (Continued from Item 6) (Public Comments) Only open to members of the public who did not speak under the first Citizens to be Heard, Agenda Item 6.

Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker.

Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting.

City Clerk Bell reported there were no comments from the public.

14. ADJOURNMENT to the Special City Council meeting of June 5, 2024 in Remembrance of Amber Swartz.

At 12:00 a.m., Mayor Toms adjourned the meeting to a Special City Council meeting on June 5, 2024 in Remembrance of Amber Swartz.

Submitted by:
_________________________________
Heather Bell, CMC
City Clerk
Approved by City Council:

CITY COUNCIL
REPORT 9.C.

DATE: JUNE 25, 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

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

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.

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

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

___________________________
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

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

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

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

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.

DocuSign Envelope ID: 4B5AFFF3-BC4D-4509-8F6B-075DEC16C224

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

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.

DocuSign Envelope ID: 4B5AFFF3-BC4D-4509-8F6B-075DEC16C224

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

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.

DocuSign Envelope ID: 4B5AFFF3-BC4D-4509-8F6B-075DEC16C224

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

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:

DocuSign Envelope ID: 4B5AFFF3-BC4D-4509-8F6B-075DEC16C224

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

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

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

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

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

(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

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

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.

DocuSign Envelope ID: 4B5AFFF3-BC4D-4509-8F6B-075DEC16C224

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

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.

DocuSign Envelope ID: 4B5AFFF3-BC4D-4509-8F6B-075DEC16C224

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

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.

DocuSign Envelope ID: 4B5AFFF3-BC4D-4509-8F6B-075DEC16C224

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

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:

DocuSign Envelope ID: 4B5AFFF3-BC4D-4509-8F6B-075DEC16C224

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

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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DocuSign Envelope ID: 4B5AFFF3-BC4D-4509-8F6B-075DEC16C224

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

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
DocuSign Envelope ID: 4B5AFFF3-BC4D-4509-8F6B-075DEC16C224 .

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

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.

DocuSign Envelope ID: 4B5AFFF3-BC4D-4509-8F6B-075DEC16C224

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

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

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

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.

DocuSign Envelope ID: 4B5AFFF3-BC4D-4509-8F6B-075DEC16C224

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

EXHIBIT D
DECEMBER 14, 2023 CLIENT FIRST PROPOSAL
DocuSign Envelope ID: 4B5AFFF3-BC4D-4509-8F6B-075DEC16C224

CITY COUNCIL
REPORT 9.D.

DATE: JUNE 25, 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

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

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.

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

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

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

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.

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.

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

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

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 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.

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

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

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.

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.

2.4 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.

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

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

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.

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.

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

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

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:
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.

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

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

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, 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, 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

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

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

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

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.

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

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

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.

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 and indemnity shall survive the termination of this Agreement.

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

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

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

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, 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.

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.

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

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

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.

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

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

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:

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.

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

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

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

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

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

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

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

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

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

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

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

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

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.

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

Consulting Services Agreement between
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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
DocuSign Envelope ID: 88BBD90A-C119-4CE3-B663-26F0C24A3A5B

Consulting Services Agreement between
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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
DocuSign Envelope ID: 88BBD90A-C119-4CE3-B663-26F0C24A3A5B

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

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.

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

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

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.

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

CITY COUNCIL
REPORT 9.E.

DATE: JUNE 25, 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.

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 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

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

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.

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

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

___________________________
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

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

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

Land Management System & GIS Maintenance Services

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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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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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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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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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TRAKIT/ComDev Experience
Relevant Experience
The project team assigned to this engagement has combined experience with over 150 Land Management application projects, over 80 of which are or were, specifically, TRAKiT/ComDev.

Our ComDev experience includes:
• Process Reviews and Workflow
Improvements
• Functionality Requirements Definition
• Contract Negotiations
• Hands-on Implementation
• User Training
• Data Conversion Assistance
• Project Management
• Systems Maintenance
• System Updates and Modifications
• Integrations Assistance
• Database Updates
Our specific ComDev module and functionality experience includes, but is not limited to:
• Land Management
• Permitting
• Projects and Planning
• Code Compliance
• CRM
• Entity
• Licensing
• TimeTRAK
• Reports
• Workspace
• eTRAKiT
• iTRAKiT/Mobiles
• GIS Integration
• Electronic Plan Review Process and
Integrations
• Online payment integrations
• At the Counter Credit Card Integrations
Experience with Local Governments – Our team’s experience working with local governments in California and across the country has provided our staff with the subject-matter expertise to quickly understand operational demands and opportunities and then equate them to beneficial recommendations and improvements.

Stable, Strong, and Growing – We are a financially stable and profitable firm that has been serving local governments for over 18 years. We continue growing in both the addition of personnel, as well as the expansion of new office locations.

Quality of Experience of Our Consultants – Our Project Support Team for this project is made up of consultants with over 100 years of collective experience in IT consulting and software administration. The leaders and founders of our company come from IT consulting and management experience at a Top-Five national accounting and consulting firm.

Commitment to the Project – We believe ClientFirst has the expertise and commitment to provide excellent ComDev application and database-related services to the City of Pinole. Our team of consultants all have extensive backgrounds with ComDev and similar Land Management products, including scripting, data extracts, reporting, customization, and workflow improvements, as well as implementation of new modules and software version migrations.

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Primary Tasks Experience
Business Process Analysis
The ClientFirst team has a collective 18 years of experience with business process reviews, assessment, and analysis, as well as the documentation of configuration requirements.

Improvements
The assessment of existing configurations, processes, integrations, contracts, and other components of implementations and software, as well as improvement recommendations, is a service that ClientFirst SMEs have offered for over 20 years.

Integrations
ClientFirst has assisted many agencies with custom and standard integration with ComDev and other software solutions. Requirements gathering, review, and specification processes are key in implementing integrations, specifically for custom integrations.

Data Conversion
The ClientFirst team data conversion experience includes writing data conversion script(s), data mapping and analysis, data testing and validation, and data conversion testing training sessions with the project team. ClientFirst can also assist the project team in identifying and documenting any data conversion issues to ensure the resolution of the data conversion problems. The ClientFirst team has completed data conversion and data imports from different types of sources (Access, SQL, CSV, Excel, AS400) into various formats for conversions or interfaces.

Reports and Forms
ClientFirst has assisted many agencies with the review of and classification of forms, correspondences, notices, letters, and permits/business certificates to determine if a merge document or custom SSRS form or report is the best solution. ClientFirst also has extensive experience creating specifications for custom forms and reports, as well as scripting SSRS forms and reports for clients.

The ClientFirst team has experience with the creation and modification of many different report styles, ranging from simple data lists to managerial data summary reports to visual data representation via graphs and charts. We have provided the following types of report services:
• Meetings with stakeholders
• Discussions regarding the stakeholders’ reporting need • Advise and guide stakeholders through data and reporting capabilities • Document report specifications and layouts
• Report scripting and follow-up communications
• Report delivery and review/training with stakeholders • Any additional report modifications based on stakeholders’ feedback Testing
The ClientFirst team has assisted with and conducted testing of the ComDev software and integrations to the ComDev software. The team also has extensive experience in test planning and oversight. Hands-on assistance with testing can also be provided by the City if needed.

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Training
The ClientFirst team members have participated in and led power-user and end-user training for over 40 agencies across all ComDev modules. Training for data conversion and integration testing is also an area of expertise.

Ability to Work with Multiple Groups
The ClientFirst approach to the review of ongoing implementations and project assessments is all-encompassing for the departments that are stakeholders of the software that is being implemented. Working with all stakeholders across all departments is the key to a successful project and Go-Live.

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Related Experience
City of Larkspur
400 Magnolia Avenue, Larkspur, CA 94939
Dan Schwarz, City Manager 415.927.5110
[email protected]
Elise Semonian, Community Development Director 415.927.6713 [email protected]
City of Vacaville
650 Merchant Street., Vacaville, CA 95688
Keith McDonald, IT Division Manager 707.449.5495
[email protected]
GeorgeAnne MeggersSmith, Assistant City Manager 707.449.5651 [email protected]
City of Piedmont
120 Vista Avenue, Piedmont, CA 94611
Brendan Galten, IT Manager 707.776.3616
[email protected]
Ingrid Alverde, Director of Economic Development & Open Government 707.778.4549 [email protected]

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Town of Windsor
9291 Old Redwood Highway, Windsor, CA 95492
Jeneen Peterson, Administrative Services Director 707.838.5003 [email protected]
City of Chico
411 Main Street, Chico, CA 95928
Dale Fletcher, CDD Deputy Director and Chief Building Official 530.638.6560 [email protected]
Will Mansfield, IS Manager 530.896.8400
[email protected]
City of San Clemente
100 Avenida Presidio, San Clemente, CA 92672
Brian Brower, Information Technology Manager 949.283.3721 [email protected]

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Firm Information
Enterprise Applications Consulting Practice Profile
ClientFirst’s enterprise applications consulting team has been conducting these specific types of assessments, process reviews, procurements, and
implementation assistance for over 20 years,
originating within RSM McGladrey, the nation’s fifthlargest CPA/Consulting firm.

ClientFirst leverages this experience to the client’s
advantage through a unique approach to software
selection, which considers the vendor’s perspective
while working with clients to navigate the complexities of software needs assessment, selection, contract
negotiation, and implementation.

We identify an organization’s strategic, organizational, application, and functional requirements—specific to
the client’s business processes—to determine which
solutions are the best fit for both customer and vendor.

Our clients appreciate the honesty and diligence with
which we conduct our projects, and many clients
continue relying on our services after their first project with us.

The level of risk and the probability of achieving a
successful implementation are directly related to the
amount of proper due diligence employed. At
ClientFirst, we take every possible step to decrease
this risk level through best practices.

Because of the level of due diligence that
we require, software vendors welcome the
opportunity to respond to our RFP
documents, giving your organization a
chance to find the best functionality fit by
evaluating an adequate number of
qualified vendor responses.

Enterprise Application Consulting Services

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Consultants' Collective Experience
We understand that the experience of the individual consultants is a significant factor in hiring a firm to conduct the project on your behalf. Our consultants have extensive public-sector experience in their respective careers, including projects with the following agencies:

California
City of Albany
City of Azusa
City of Big Bear Lake
City of Brentwood
City of Brisbane
City of Burbank
City of Calabasas
City of Camarillo
City of Carlsbad
City of Cathedral City
City of Chico
City of Chino
City of Clovis
City of Colton
City of Corona
City of Coronado
City of Dana Point
City of Downey
City of Dublin
City of Emeryville
City of Escondido
City of Fairfield
City of Foster City
City of Glendale
City of Glendora
City of Hawaiian Gardens
City of Healdsburg
City of Hemet
City of La Habra
City of La Puente
City of Laguna Niguel
City of Larkspur
City of Lathrop
City of Lomita
City of Menlo Park
City of Mission Viejo
City of Montclair
City of Mountain View
City of Newark
City of Norco
City of Novato
City of Pacific Grove
City of Pacifica
City of Palm Desert
City of Palmdale
City of Patterson
City of Petaluma
City of Piedmont
City of Pinole
City of Pismo Beach
City of Port Hueneme
City of Rancho Cucamonga
City of Rancho Mirage
City of Redlands
City of Rialto
City of Rohnert Park
City of Rosemead
City of Sacramento
City of Salinas
City of San Clemente
City of San Gabriel
City of San Jacinto
City of San Leandro
City of San Pablo
City of San Rafael
City of Seal Beach
City of Sierra Madre
City of Simi Valley
City of South Gate
City of South Pasadena
City of South San Francisco
City of St. Helena
City of Tracy
City of Tulare
City of Tustin
City of Upland
City of Vacaville
City of West Covina
City of West Sacramento
City of Whittier
County of Butte
County of Lassen
County of Mariposa
County of Mendocino
County of Plumas
County of Riverside
County of San Bernardino
County of Tuolumne
County of Yolo
Fontana Unified School
District
Hemet Public Library
Town of Danville
Town of Hillsborough
Town of Truckee
Town of Windsor
Town of Woodside
Town of Yucca Valley
CA-NV American Water
Works Association
Castaic Lake Water Agency
Castro Valley Sanitary District
Coachella Valley Mosquito
and Vector Control District
Cucamonga Valley Water
District
East Bay Regional Park
District
El Toro Water District
Fresno Irrigation District
Glendale Water and Power
Hayward Area Recreation
and Park District
Irvine Unified School District
Jurupa Community Services
District
Las Virgenes Water District
Livermore Area Recreation
and Park District
Los Angeles County
Development Authority
Midpeninsula Regional Open
Space District
Moraga-Orinda Fire District
Newhall County Water District
Piedmont Police and Fire
Ramona Municipal Water
District
Rincon del Diablo Municipal
Water District
Riverside County Sheriff
Rosamond Community
Services District
San Bernardino Municipal
Water
San Marino Unified School
District
San Mateo Consolidated Fire
Department JPA
San Mateo Fire District
Southern California Coastal
Water Research
Sweetwater Authority
Walnut Valley Water District
West County Wastewater
District
Western Municipal Water
District
Colton Joint Unified School
District
Irvine Unified School District
Lake Elsinore Unified School
District
Menifee Unified School
District
Mesa Water District
Mountain View School District
Romoland School District
West Covina Unified School
District
Ohlone Community College
San Jose Community College
University of California
Berkeley
University of California San
Francisco
UCSF Medical Center
Stanislaus Council of
Governments
Mechoopda Indian Tribe
Alabama
City of Pelham
Arizona
County of Maricopa
Connecticut
City of Bristol
City of New Haven
Groton Police
Town of Groton
Florida
City of Cape Coral
City of Deerfield Beach
City of Dunedin
City of Fort Lauderdale
City of Oakland Park
City of Pompano Beach
City of Port St. Lucie
City of Riviera Beach
City of Wilton Manors
Collier County Board of
County Commissioners
Idaho
City of Sandpoint
Illinois
City of Bloomington
City of Champaign
City of Countryside
City of Crystal Lake
City of Highland Park
City of Joliet
City of Lake Forest
City of Moline
City of Morton Grove
City of Naperville
City of Oakbrook Terrace
City of Orland Park
City of Prospect Heights
City of Rock Island
City of Rockford
City of St. Charles
City of Waukegan
City of Wood Dale
Village of Arlington Heights
Village of Barrington Hills
Village of Cary
Village of Glencoe
Village of Itasca
Village of Kenilworth
Village of Lake Barrington
Village of Libertyville
Village of Lincolnwood
Village of Lisle
Village of Matteson
Village of Morton Grove
Village of Norridge
Village of Northbrook
Village of Northfield
Village of Oak Brook
Village of Oak Park
Village of Orland Park
Village of Oswego
Village of Palos Park
Village of Park Forest
Village of River Forest
Village of Riverside
Village of Westmont
Village of Wheeling
County of DuPage
County of Peoria
County of Sangamon
County of Winnebago
Addison School District
Batavia Public Library
Batavia Public School District
Bloomingdale School District
Bunker Hill School District
Champaign County Forest
Preserve District
Four Rivers Sanitation District
Norridge Park District
Park District of Highland Park
Central Community Unit
Indiana
The University of Notre Dame
Indianapolis Public Library
Indianapolis Public Schools
Iowa
City of Ankeny
City of Bettendorf
City of Burlington
City of Cedar Rapids
City of Des Moines
City of New Hampton
City of West Des Moines
County of Johnson
County of Linn
State of Iowa
Burlington Community School
District
Cedar Rapids Community
School District
Davenport School District
Dubuque Community School
District
Knoxville Community School
District
Mason City School District
North Scott School District
Des Moines Area Community
College
Kansas
City of Emporia
City of Shawnee
Michigan
University of Michigan
Lake Superior State
University
Nevada
County of Nye
Town of Pahrump
County of Douglas
New York
City of Batavia
Village of Ossining
North Carolina
City of Burlington
City of Gastonia
City of High Point
City of Kinston
City of Mount Airy
City of Salisbury
Town of Wake Forest
County of Buncombe
County of Cabarrus
County of Davie
County of Orange
Arc of Stanley County
St. Augustine College
Wake Forest University
Eastern Band of Cherokee
Indians
Salisbury Rowan Utilities
Ohio
County of Cuyahoga
County of Montgomery
South Dakota
Rapid City Area Schools
Texas
City of Cedar Hill
City of Dallas
City of Farmers Branch
City of Hutto
City of Pflugerville
City of University Park
Corpus Christi Fire
County of Atascosa
County of Denton
Highland Park Police and Fire
North Texas Emergency
Communications Center
University of Texas
Utah
Washington County School
District
Virginia
Commonwealth of Virginia
City of Manassas Park
Wisconsin
City of Appleton
City of Brookfield
City of Eau Claire
City of Wauwatosa
City of West Allis
County of Brown
County of Kenosha
County of Milwaukee
County of Waukesha
Village of Hales Corner
HIDTA Milwaukee
Diocese of Madison Catholic
Schools
Madison School District
Shorewood School District
Whitnall School District
West Allis School District

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Project Organization and Staffing
ClientFirst’s primary consultants are employees, not subcontractors, and will be available throughout the project to maintain project continuity. Full resumes for each key personnel can be found in the Key Personnel section.

Project & Quality Assurance Director – Tatjana Meser
The Project & Quality Assurance Director assures the support services delivered by ClientFirst’s assigned support team meet our standards. This role is performed by a ClientFirst Director and/or Partner due to the need for executive-level experience involved in the delivery of our services. This person also directs the ClientFirst project team consultants assigned to the project.

Lead Applications Consultant – Cyndi Hoxie
The Lead Applications Consultant oversees the day-to-day City requests and activities and management of the deliverables. This person also directs the ClientFirst project team consultants assigned to the project and is the primary day-to-day contact for the client.

Application Consultants – Michael Truncale, Toby Soto
ClientFirst assigns two or more Application Consultants to every project for continuity and backup. These consultants perform the business analysis and necessary tasks required to provide the deliverables defined in the project scope of work. The ClientFirst Project Manager directs these consultants described above.

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Key Personnel
Tatjana Meser – Director, Enterprise Applications Consulting Project Role: Project Director/Quality Assurance
Tatjana has over 13 years of experience with local government agency software systems and implementations. Her in-depth experience with TRAKiT/ComDev software configuration, business analysis, and user needs assessment allows Tatjana to successfully configure new modules, oversee software migrations and script reports, and implement customized scripts/integrations, as well as provide TRAKiT support and maintenance. In addition, her portfolio includes assessment, planning, implementations, configuration, integration, upgrades, customizations, testing, and documentation. Tatjana has experience with over 30 different agencies utilizing TRAKiT.

Cyndi Hoxie – Management Consultant, Enterprise Applications Consulting Project Role: Lead Applications Consultant
Cyndi Hoxie has over 30 years of Public Sector experience, including 19 years with the municipal government in Building and Code Enforcement. Cyndi has spent over 16 years assisting agencies with land management enterprise application systems, including project management, conversion, interfaces, workflow analysis, and systems configuration. Cyndi also has experience with dozens of other agencies utilizing the TRAKiT and ComDev systems. In addition, Cyndi currently provides ongoing TRAKiT/ComDev systems administration assistance to two agencies.

Michael Truncale – Management Consultant, Enterprise Applications Consulting Project Role: Applications Consultant
Michael has over 17 years of experience with local government agency software systems and implementations. His in-depth experience with software configuration, business analysis, and user needs assessment for over 50 TRAKiT/ComDev implementations allows Michael to successfully configure new modules, oversee software migrations, develop testing and go-live plans, script reports, and implement customized scripts/integrations, as well as provide TRAKiT/ComDev support and maintenance. In addition, Michael currently provides ongoing TRAKiT/ComDev systems administration assistance to two agencies.

Toby Soto – GIS Consultant
Project Role: GIS and Land/Parcel Data Specialist
Toby has in-depth experience with GIS, land/parcel data, data conversion, and interface development for many local government agencies. Toby is also a former municipal IT Manager.