Pinole City Council
September 17, 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

MEETING AGENDA
September 17, 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 the agenda you are commenting on in the subject line of your email.

City Council
Agenda - September 17, 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 - September 17, 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 - September 17, 2024

1. National Punctuation Day

2. Constitution Day

3. Hispanic - Latinx Heritage Month

4. United Against Hate Week

5. Fire Prevention Week

6. California Firefighter Memorial Day
B. Presentations

1. Pinole Valley Park Project Presentation - Community Services Director, Andrea Dwyer

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 September 3, 2024.

B. Receive the August 31, 2024 – September 13, 2024 – List of Warrants in the Amount of $699,216.29 and the September 13, 2024 Payroll in the Amount of $673,486.92. (Regular Payroll: $543,474.96 and Neil Gang payout of $$130,011.96) C. FY 2023/24 Fourth Quarter Investment Report Action: Receive Report (Markisha Guillory) D. FY 2023/24 Fourth Quarter Financial Report and Year-end Adjustments Action: Receive a Report and Adopt a Resolution per Staff Recommendation (Markisha Guillory) E. Approve an Agreement to Purchase a Master Control Management System Replacement with Advanced Systems Group (ASG) and Allocate Funding in the Amount Not to Exceed $4,420.03 Action: Adopt Resolution per Staff Recommendation (Fiona Epps, Dave Snell)
F. Adopt a resolution authorizing the City Manager to execute a consultant services agreement with Responsible Purchasing Network (RPN) for professional services to support implementation of the City's Environmentally Preferable Purchasing Policy and Program (E4P) ($3,000) Action: Adopt Resolution per Staff Recommendation (Lilly Whalen, Kapil Amin)
G. Adopt a Resolution authorizing the City Manager to award a contract to Environmental Innovations (EI) for technical assistance to Pinole businesses for single-use plastics reduction and ordinance compliance and allocate funding in the amount of $67,050. Action: Adopt Resolution per Staff Recommendation (Lilly Whalen, Kapil Amin) H. Formally adopt an ordinance adding Chapter 8.38 "Single-use Plastic Foodware and Bag Reduction" to the Pinole Municipal Code (2nd read) Action: Conduct a Second Reading and Approve Ordinance (Lilly Whalen, Kapil Amin)

City Council
Agenda - September 17, 2024

I. Second Reading And Adoption Of An Ordinance Adding Chapter 9.19 "Safe Storage Of Firearms" To The Pinole Municipal Code
Action: Adopt Ordinance on Second Reading (Eric Casher)

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.

A. Introduction And First Reading Of Ordinance Amending Chapter 2.08.010 Of The Pinole Municipal Code To Increase Council Members’ Salaries Action: Conduct Public Hearing and Waive First Reading of Ordinance (Eric Casher)

11. OLD BUSINESS
None

12. NEW BUSINESS
None

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 October 15, 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, September 12, 2024 at 4:30 pm

FIRE PREVENTION WEEK
OCTOBER 6- 12, 2024
WHEREAS, Fire is a serious public safety concern both locally and nationally, and homes are the location where people are at greatest risk from fire; and WHEREAS, Cooking is the leading cause of home fires and home fire injuries in the United States; and
WHEREAS, the 2024 Fire Prevention Week theme, “Smoke alarms: Make them work for you!” strives to educate everyone about the importance of having working smoke alarms in the home; and WHEREAS, residents should identify places in their home where fires can start and eliminate those hazards; and
WHEREAS, roughly two-thirds of home fire deaths resulted from fires in which no smoke alarms or no working smoke alarms were present; and
WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half; and WHEREAS, residents should make sure their smoke and CO alarms meet the needs of all their family members, including those with sensory or physical disabilities; and WHEREAS, informing the public about the importance of smoke alarm installation and maintenance serves an essential step toward increasing the public’s safety from home fires; and WHEREAS, residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and NOW, THEREFORE, I, MAUREEN TOMS, Mayor of the City of Pinole, County of Contra Costa, State of California, on behalf of the Pinole City Council do hereby proclaim October 6-12, 2024 as FIRE PREVENTION WEEK in the City of Pinole and urge all the citizens to make sure smoke alarms meet the needs of all family members, including those with sensory or physical disabilities.

Dated: September 17, 2024
��

MAUREEN TOMS
MAYOR of the City of Pinole

HONORING THE
CALIFORNIA FIREFIGHTERS’ MEMORIAL CEREMONY
OCTOBER 12, 2024
WHEREAS, the California Firefighters Memorial is a lasting tribute to the men and women who have given their lives to protect their fellow Californians; and WHEREAS, the solemn remembrance is steeped in the traditions of the firehouse and hundreds of firefighters, family members and grateful citizens gather in the heart of California’s capital, to pay tribute to those who paid the ultimate price to keep us safe; and
WHEREAS, the Memorial, a brushed limestone Memorial Wall with the names of more than 1,500 California firefighters who have died in the line of duty or from a job-related illness since 1850; and WHEREAS, the California Firefighters Memorial was unveiled on April 6, 2002, carrying the names of 855 fallen California firefighters, and since then more than 500 names have been added at annual Memorial ceremonies; and
WHEREAS, the annual Ceremony honors individuals whose names are being added to the Memorial Wall – either from the previous year or from earlier years; and WHEREAS, the City of Pinole has two of our own listed on the Memorial Wall – Richard Voisey for 2015 and Robert Ramos for 2020; and
WHEREAS, Contra Costa County Fire’s local 1230 has James R. Haines, LeRoy Jenkins, John R.

Welsh, Rene Penaloza, David E. Vanni, Michael A. Impastato, Terry L. Werner, James Capra, Donald K.

Leverton, Scott P. Desmond, Matthew C. Burton, Michael F. Braz, David Gehling, John H. Ferrante, John W.

Nunes, David J. Stochl, William L. West, Richard J. Voisey, Peter A. Aliotti, Roger V. Harless, Robert A. Ramos, and John Martinez listed on the Colorado Springs Memorial wall; and WHEREAS, it is appropriate to recognize the sacrifice and dedication of California Firefighters.

NOW, THEREFORE, I, MAUREEN TOMS, Mayor of the City of Pinole, County of Contra Costa, State of California, on behalf of the City Council and the City of Pinole, do hereby commend the California Fire Foundation and recognize October 12, 2024 as the date of this year’s Annual California Firefighters Memorial Ceremony, and encourage all citizens of the City of Pinole to honor the courage and commitment of California Firefighters as they continue to face the challenges of this courageous profession.

Dated: September 17, 2024
��

MAUREEN TOMS
MAYOR of the City of Pinole

Pinole City Council Regular Meeting
Minutes – September 3, 2024

CITY COUNCIL MEETING

MINUTES
September 3, 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 5:09 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
Kelcey Young, City Manager
Heather Bell, City Clerk
Eric Casher, City Attorney
Fiona Epps, Assistant to the City Manager
Roxane Stone, Deputy City Clerk
City Clerk Heather Bell announced the agenda had been posted on August 29, 2024, at 3:00 p.m. with all legally required written notices. Written comments had been received in advance of the meeting, distributed to the City Council and staff, posted to the City website and made available to the public in the Council Chambers.

Pinole City Council Regular Meeting
Minutes – September 3, 2024

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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Gov. Code §54957
Title: City Manager
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Gov. Code §54956.8
Property: APN: 401-163-003
Agency Negotiator: City Attorney Eric Casher
Negotiating Parties: American Postal Infrastructure

PUBLIC COMMENTS OPENED
Deputy City Clerk Roxane Stone reported there were no comments from the public.

PUBLIC COMMENTS CLOSED

5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION At 6:55 p.m., Mayor Toms reconvened the meeting into open session. There was no reportable action from the Closed Session.

Mayor Toms moved on to agenda Item 8. Recognitions / Presentations / Community Events at this time.

8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Oath of Office – City Manager, Kelcey Young
Mayor Toms welcomed Kelcey Young as the new City Manager. She highlighted City Manager Young’s background in local government since 2016, her proven track record of implementing innovative solutions, successfully managing complex projects and her expertise in development, finance and community engagement; her leadership in Sweet Home, Oregon where she addressed a significant financial deficit and revitalized the community and for those reasons and more the City Council had determined she would be an exceptional fit for the City of Pinole.

Mayor Toms emphasized City Manager Young would bring a fresh perspective and collaborative spirit that promised to drive the City’s future success. She and the City Council were confident in City Manager Young’s ability to lead the City of Pinole through its upcoming challenges and strategic developments to ensure a vibrant and prosperous future for all residents.

City Clerk Bell presented the Oath of Office to new City Manager Kelcey Young at this time.

Pinole City Council Regular Meeting
Minutes – September 3, 2024

City Manager Young thanked the City Council for the opportunity. She was honored to be the City Manager, was excited to start working with City staff and the community and looked forward to getting to know everyone and tackle the challenges head-on.

PUBLIC COMMENTS OPENED
Irma Ruport welcomed new City Manager Young to the City of Pinole. She had reviewed the City Manager’s résumé and was pleased the new City Manager had experience with grant advocacy, which was much needed in the City. She commented the City had hired a Grant Writer in 2023 but she would like to see that individual push further ahead and possibly train City staff. She commented on her own experience with Department of Justice grant funding programs and suggested it was not difficult to obtain grants and be mindful about what was available. She added that Contra Costa County Supervisor Federal Glover had provided a workshop on grants which he posted on Zoom and she suggested everyone should be an advocate for grants. Also, as a member of the Community Services Commission, she liked the idea of partnerships, such as Paint the Town, and she would appreciate the City Manager coming to the Commission to build up that program and she expressed a desire to be a part of that effort.

PUBLIC COMMENTS CLOSED
B. Proclamations

1. Honoring Police Chief Neil Gang
The City Council read into the record a proclamation honoring Police Chief Neil Gang for his service to the City of Pinole and in recognition of his retirement as the City of Pinole’s Police Chief.

Police Chief Neil Gang thanked the City Council for the recognition. He noted this was the right time for new City leadership with a new City Manager, Police Chief and City Council. The City of Pinole had been his home for the past eleven years, but after 36 years in the profession he was ready to retire. He thanked the members of the Pinole Police Department, former City Manager Belinda Espinosa and the community for allowing him to serve as the Chief of Police for the past decade. He also recognized City staff and the City Council for allowing him to serve as the Interim City Manager for the past ten months. He read two verses from the Bible and urged everyone to stay safe, healthy and resilient, God bless and God speed.

PUBLIC COMMENTS OPENED
Rafael Menis thanked Police Chief Gang for his service to the City and his most exemplary attribute; his compassion having worked to reach out to those in society who other Police Departments may ignore, stigmatize or otherwise view as their responsibility to arrest or put away.

He found Police Chief Gang had gone out of his way to reach out and find common humanity, compassion and had built community ties. He also thanked Police Chief Gang for the care he had shown his fellow officers, having set up various wellness programs to assist the Police Department. He wished him a long and happy retirement.

PUBLIC COMMENTS CLOSED

Pinole City Council Regular Meeting
Minutes – September 3, 2024

Council member Martinez-Rubin expressed her appreciation to Police Chief Gang whose role in the City had been synonymous to community. She referenced a podcast about how policing had been done in the City of Pinole and she was pleased to have shared that time with the Police Chief and was pleased with his ability to be compassionate first. She was also pleased that Police Chief Gang had been amongst others in the Department who endorsed wellness and she wished him well and thanked him for his service to the City of Pinole.

Council member Murphy also expressed his appreciation to Police Chief Gang and for being an ally for the community. He was grateful for his leadership and opportunity to have served with him on the City Council. He congratulated Police Chief Gang on all of the work done in the City of Pinole and other cities and wished him well in the future.

Mayor Pro Tem Sasai thanked Police Chief Gang for his years of public service having done the job well as part of 21st Century policing and whose leadership had been recognized. He wished him well on his retirement.

Mayor Toms highlighted the Elks Lodge Officer of the Year Awards in 2016, at which time Police Chief Gang had been the keynote speaker and who had educated the non-officers present at that time on the importance of mental health for those who served in law enforcement. The lessons imparted stuck with her as to the importance of wellbeing for those who worked in law enforcement. She also thanked Police Chief Gang for stepping in ten months ago to lead the team, which the City Council appreciated and she wished him well as he entered a new chapter.

Council member Tave further recognized Police Chief Gang, particularly for his calm demeanor during the challenges of the pandemic. He recognized the job took its toll and Police Chief Gang had a level of professionalism while others had not and his leadership had shined in the moments of 21st Century policing which helped the City. He thanked Police Chief Gang for his service and wished him well on his retirement.

2. Building Staff Appreciation Day
The City Council read into the record a proclamation recognizing September 1, 2024 as Building Staff Appreciation Day, which was presented to the Building Department staff present in the Council Chambers.

Keith Marks, Chief Building Official, thanked the City Council on behalf of Building staff, for its support for the Building Department, the frontline to the public and a united team working together to continue development in Pinole.

3. Suicide Prevention Day and Suicide Prevention Week
The City Council read into the record a proclamation recognizing September 10, 2024 as World Suicide Prevention Day, and September 4 through 10, 2024 as Suicide Prevention Week.

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

Pinole City Council Regular Meeting
Minutes – September 3, 2024

PUBLIC COMMENTS CLOSED
Council member Tave identified the 24/7 Suicide Prevention Hotline telephone number of 988 for anyone in need of assistance.

C. Presentations: None
The City Council returned to the remainder of the meeting agenda.

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.

Irma Ruport understood the City Manager had scheduled a meet and greet for September 4, 2024 from 5:00 to 7:00 p.m. for the community to meet the two finalists for Police Chief at the Senior Center Main Hall, with information on the City website. She reported she and her husband planned to attend the event. She emphasized the importance of the public participating in decision making and events and she thanked the City Manager for scheduling the meet and greet.

She also commented that as a former retired federal government employee, her performance to the public had always been supervised and evaluated and she asked that the City Council remember that and do better in the future.

Rafael Menis provided an update on current hospitalization rates for the City of Pinole and the State of California as a whole along with wastewater data both locally and nationwide related to COVID-19. He congratulated Mayor Toms, Council member Murphy and himself for the endorsement of the Democratic Party for Contra Costa County for their various races in the November 2024 election.

Mr. Menis noted that he was running for the office of City Treasurer and he offered some suggestions for how that office could expand, such as the community having trivial access to the core elements of the City’s budget. He also suggested the City Treasurer’s page should have certain charts highlighted, in particular the amount spent on the General Fund and the subcategories within that expenditure, the amount raised for the General Fund and the subcategories the funds were raised from along with the end time of the Pension Trust Fund.

7. REPORTS & COMMUNICATIONS
A. Mayor Report

1. Announcements:

Mayor Toms reported Coffee with the City would be held on September 11, 2024 at Panera Bread from 8:00 to 10-:00 a.m.; Coastal Clean Up on September 21, 2024; Dumpster Day on October 5, 2024 and National Night Out on October 1, 2024.

Pinole City Council Regular Meeting
Minutes – September 3, 2024

B. Mayoral & Council Appointments: None
C. City Council Committee Reports & Communications
Council member Murphy welcomed new City Manager Young for already being out in the community. He announced the month of September as Workforce Development Month, a time to recognize and honor workforce professionals, and commended the Workforce Development Board of Contra Costa County for having done a tremendous job serving the community using an incredible database for training and resources at www.wdbcc.com. He also commended staff for the new online permitting and licensing tracking system, which was live on the City webpage and had been a big endeavor for City staff and he highlighted the features provided. He also encouraged everyone to attend the Contra Costa County Fire Protection District (CCCFPD) National Marrow Donor Program and Blood Bank Fight Against Cancer event by registering as a bone marrow donor or by donating blood on October 13, 2024 from 10:00 a.m. to 2:00 p.m. at Fire Station 74.

D. Council Requests for Future Agenda Items: None
E. City Manager Report / Department Staff
City Manager Young again thanked the City Council for the opportunity to serve as City Manager and reported she had been on the job a little over a week and loved meeting Council members, staff and the community.

City Manager Young reported the new Capital Improvement Plan (CIP) Environmental Manager Faby Guillen had joined the Public Works Team on August 29, 2024. She also reported Operations and Maintenance staff had completed striping work on Pinole Valley Road and San Pablo Avenue and would continue striping various areas around the City; completed pavement rehabilitation and dig out work on Appian Way between Fitzgerald Drive, the City limits and on Greenfield Circle; emergency work on Doidge Avenue; repaired a section of damaged pavement and were working on a bid to replace the storm drain on Buckskin Rd.

In addition, the City of Pinole had been awarded $650,000 through the State’s Pro-housing Incentive Program, and the Police Chief Meet and Greet had been scheduled for September 4, 2024 from 5:00 to 7:00 p.m. to allow the community to meet the two finalists for Police Chief at the Senior Center Main Hall.

City Manager Young added she would be setting up community office hours, which would be set aside where the community would not need an appointment, times and dates yet to be determined; she planned to attend the September 11, 2024 Coffee with the City and she again thanked Police Chief Gang, the City Council and the entire team for the welcome.

F. City Attorney Report
City Attorney Eric Casher welcomed new City Manager Young.

PUBLIC COMMENTS OPENED (Items 7D through 7F)

Pinole City Council Regular Meeting
Minutes – September 3, 2024

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

PUBLIC COMMENTS CLOSED

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 August 20, 2024.

B. Receive the August 17, 2024 – August 30, 2024 List of Warrants in the Amount of $526,653.08 and the August 20, 2024 Payroll in the Amount of $535,773.11.

C. Letter of Support for Assembly Bill (AB) 1955 Regarding the SAFETY Act. Action:

Approve Letter per Staff Recommendation (Fiona Epps)
D. Letter of Support for Assembly Bill (AB) 2583 Regarding the Establishment of School Route Speed Limits. Action: Approve Letter per Staff Recommendation (Fiona Epps)
E. Amendment to the City of Pinole Conflict of Interest Code. Action: Adopt Resolution per Staff Recommendation (Heather Bell)
F. Appoint Councilmembers as Voting Delegates for the 2024 League of California Cities Annual Conference General Assembly Meeting. Action: Approve Staff Recommendation by Minute Order (Heather Bell)
G. Formally adopt an ordinance of the City of Pinole adding Chapter 8.38 “Single-Use Plastic Foodware and Bag Reduction” to the Pinole Municipal Code (1st read).

Action: Waive First Reading and Approve Ordinance (Lilly Whalen, Kapil Amin)
H. Restore Budget Appropriation for Temporary Planning Services. Action: Adopt Resolution per Staff Recommendation (Markisha Guillory, Lilly Whalen) I. Adopt a Resolution Authorizing the City Manager to Execute Four-Year Agreements for As-Needed On-Call Planning Services including Staff Augmentation, Planning Studies and Environmental Services. Action: Adopt a Resolution per Staff Recommendation (David Hanham)
J. Adopt a Resolution Authorizing the City Manager to Enter into an Agreement with Folsom Lake Ford to Purchase One Patrol Vehicle. Action: Adopt Resolution per Staff Recommendation (Matt Avery)

Pinole City Council Regular Meeting
Minutes – September 3, 2024

K. Approve a Memorial Sign Installation on Fire Station 74 in Dedication of Fire Captains Bob Ramos and Rich Voisey. Action: Approve a Memorial Sign Installation on Fire Station per Staff Recommendation (Fiona Epps) L. Resolution Amending Resolution 2024-59 to Align with the County Deadlines for Submittal of Primary and Rebuttal Arguments for Measure I. Action: Adopt a Resolution per Staff Recommendation (Eric Casher)
Mayor Pro Tem Sasai requested that Items 9C and 9D be pulled for discussion.

Council member Martinez-Rubin requested that Items 9A and 9G be pulled for discussion.

Council member Murphy requested that Item 9L be voted on separately.

PUBLIC COMMENTS OPENED
Irma Ruport referenced Item 9E and spoke to her Human Resources background. Having read the resolution amending the City of Pinole Conflict of Interest Code, she asked that the City Council consider prohibiting employees from having two titles since it did not look good. For Item 9K, she detailed the background of the item and suggested the memorial to both Captains Bob Ramos and Rich Voisey were long overdue and well deserved. Both men had been advocates for fire personnel in the City of Pinole in the past, which history and relationships in the past had not been the greatest. She also emphasized the need for the City to advertise to the public the CCCFPD and National Marrow Donor Program and Blood Bank Fight Against Cancer event scheduled for October 13, 2024, from 10:00 a.m. to 2:00 p.m. at Fire Station 74.

Rafael Menis offered the following comments on the Consent Calendar:
- Item 9A, Page 29 of 980 of the agenda packet, revise the second paragraph of his comments as shown, to read:

Mr. Menis asked about the cost for the City of Richmond to put the conduit in place, the broader benefits of setting up conduit Citywide apart from a Municipal Broadband network, and commented there had been federal programs available, which had offered discounted broadband access but due to political decisions an extension of those programs had been voted down by the House of Representatives in 2024.
- Item 9C, was pleased the Governor had signed into law the SAFETY Act since everyone should have the right to express themselves, their sexual orientation, gender identity/expression and how they chose and whom they chose in a way they felt safe. He urged the City Council to support the Letter of Support and the public more broadly to support the letter as well.
- Item 9D, noted the staff report had variances from the actual text of the bill, some of which were significant, including the fact the bill had defined a school route to be everywhere within 500 feet of the boundary line and would permit the speed limit to be lowered to 20 miles per hour (MPH) as of 2028, per Page 58 of 980 the agenda packet.

Pinole City Council Regular Meeting
Minutes – September 3, 2024

- Item 9G, Page 95 of the ordinance had identified the timelines for the first and second read and adoption of the ordinance and asked if the text of the ordinance needed to be changed to reflect the new timeline.
- Item 9J, Page 949 of 980 of the agenda packet, would appreciate a more detailed explanation into the City not having the infrastructure to support zero emission electronic vehicle (EV) patrol vehicles since at least part of the reasoning for installing the EV charging stations in front of the Public Safety Building had been to potentially support EV patrol vehicles in the future.
- Item 9K, recognized both Captains Ramos and Voisey for their service and sacrifice of their health to the City, thanked the CCCFPD for covering the expense of the new signage and installation, which was not typical for entities seeking memorialization and given the City’s budget challenges. Suggested the CCCFPD be thanked. - Item 9L, the item would amend the resolution to have the last day for submission for various arguments being either August 21, 2024 or August 26, 2024, and given it was now September 3, 2024, asked what effect the amendment would have.

PUBLIC COMMENTS CLOSED
For Item 9C, Mayor Pro Tem Sasai found Assembly Bill (AB) 1955 the SAFETY Act to be a good bill but he was uncertain of its usefulness on the Consent Calendar since Governor Newsom had signed the bill some time ago and the bill had already been chaptered.

Assistant to the City Manager Fiona Epps explained that staff could still submit a Letter of Support to show that the City Council was on record in support of AB 1955. The letter could be rephrased to thank the Governor for signing the bill and the City Council showing its appreciation and support of AB 1955.

For Item 9D, regarding AB 2583, Regarding the Establishment of School Route Speed Limits, Mayor Pro Tem Sasai reported the bill died in committee last month and the letter could have been used months ago. He recommended possibly shifting the purpose of the letter to ask that the bill be reconsidered. He otherwise asked staff to be mindful of the calendar and if the City Council requested a letter of support, it should go out when the Legislature was in session.

Ms. Epps advised as part of the Strategic Plan, development of a Legislative Advocacy Program had been proposed and with the new City Manager in place she looked forward to working and developing that program. Said direction to staff could be incorporated into such a program.

Mayor Toms suggested both letters could be amended. The letter for Item 9C could be changed to a tone of thanking the Governor and Item 9D could request that the topic come back to the Legislature.

Mayor Pro Tem Sasai agreed with the amendment to the letter for Item 9C. For Item 9D, the letter should be addressed to the author of the bill and request a show of support for the bill being introduced in the next legislative cycle.

Pinole City Council Regular Meeting
Minutes – September 3, 2024

In response to Council member Tave, Mayor Pro Tem Sasai described the process of submittal of support letters via a portal to be distributed to different committees and co-sponsors of a bill.

As to whether there were any other letters of support staff should be working on and in response to Council member Murphy, City Clerk Bell understood staff was caught up. She would take a look but she emphasized staff always tried to prioritize letters of support.

Council member Martinez-Rubin requested the following revision to her comments as shown on

Council member Martinez-Rubin reported the City Council received an internal email related to pedestrian safety or the lack thereof in the City regarding an accident at the intersection of San Pablo and Tennant Avenues. The Police Department shared a press release involving a collision on San Pablo Avenue involving a motorcycle driver. She emphasized the need to encourage everyone whether residents or visitors to the City to slow down and be aware.

For Item 9G, Council member Martinez-Rubin thanked all who had worked on the ordinance including the Municipal Code Update Subcommittee. She stated the ordinance would make the City one that was closer to zero waste and it would help to beautify the City in support of one of its natural assets, Pinole Creek. Friends of Pinole Creek also looked forward to having less litter seen locally related to plastic or micro-plastics that reached the City’s watersheds and she again appreciated the work of everyone including residents and businesses in an effort to minimize plastic waste.

Responding to the public comments with respect to Item 9G, City Attorney Casher stated the whereas clauses in the ordinance would be reviewed to ensure dates were finalized for the second read at the next City Council meeting. For Item 9L, this item involved an amendment to a resolution previously approved by the City Council, which included dates set by State Government Code, and which due dates were earlier for the ballot arguments. Contra Costa County had adopted dates that were a bit later in the process, with the resolution having been amended to allow for a longer time for arguments to be submitted. One opposition argument had been submitted after the date set by the City and in the interest of transparency and to ensure all voices were heard, the date had been extended to allow that argument to be included.

Also speaking to Item 9D, City Clerk Bell noted while the item would be amended, as discussed, there were a few inconsistencies with the staff report. The Letter of Support for AB 2583, would be further corrected as follows:
- Reference to January 1, 2025 to be revised to read January 1,2028. - Reference to 25 MPH revised to read 20 MPH.
- Reference to 1,000 feet revised to read 500 feet.

ACTION: Motion by Mayor Pro Tem Sasai/Council member Martinez-Rubin to adopt Items 9A (as modified by Council member Martinez-Rubin and Mr. Menis), Item 9B as shown, Items 9C and 9D (as modified by the Mayor Pro Tem and staff) and Items 9E through 9K, as shown.

Pinole City Council Regular Meeting
Minutes – September 3, 2024

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

Absent: None
ACTION: Motion by Council member Martinez-Rubin/Mayor Toms to adopt Item 9L, as shown.

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

Absent: None

10. PUBLIC HEARINGS
A. Introduction and First Reading of Ordinance Adding Chapter 9.19 “Safe Storage of Firearms” to the Pinole Municipal Code. Action: Conduct Public Hearing and Waive First Read of Ordinance (Eric Casher)
City Attorney Casher provided a PowerPoint presentation on the first reading of an ordinance adding Chapter 9.19 “Safe Storage of Firearms” to the Pinole Municipal Code (PMC), which included an overview of the background, highlights of the proposed ordinance, violations and fiscal impacts of the ordinance and an overview of the Municipal Code Update Subcommittee review. The City Council was asked to conduct the public hearing and waive the first reading of the ordinance.

Mayor Pro Tem Sasai referenced Chapter 9.19.40 Exemptions (c), as shown on Page 979 of 980 and Section 9.19.50 Reporting Theft or Loss to Law Enforcement, Page 980 of 980 of the agenda packet, which had two different reporting periods if a firearm were lost or stolen. He asked why there were two different periods shown.

City Attorney Casher explained that Section 9.19.50 Reporting Theft or Loss to Law Enforcement, states Nothing in this ordinance affects a person’s obligations to report that a Firearm has been lost or stolen to local authorities within 24 hours of the time they knew or reasonably should have known that the firearm had been lost or stolen, and failure to report a loss or stolen firearm would be a violation of the PMC, a misdemeanor and fine of $1,000 whereas Chapter 9.19.40 Exemptions (c), states: To encourage reporting of lost or stolen Firearms (as defined in California Penal Code section 16520, as amended from time to time), a person who complies with California Penal Code Section 25250 by reporting the loss or theft of a Firearm they own or possess to a local law enforcement agency within five days from the time they knew or reasonably should have known the Firearm had been lost or stolen shall not be prosecuted for violation of subsections

9.19.20 or 9.19.30, and since it involved the Penal Code, the penalty involved criminal sanctions.

Neither of the two clauses would conflict and the City would be able to enforce both sections of the ordinance.

Pinole City Council Regular Meeting
Minutes – September 3, 2024

Council member Martinez-Rubin referenced the regulations under Section 9.19.60, Violations and asked about the distinction between an infraction and a misdemeanor and whether an infraction would be subject to a fine.

City Attorney Casher clarified that a misdemeanor would involve a $1,000 fine. The fine associated with an infraction would be less than $1,000. He would have to clarify the exact amount. The fine was intended as a warning.

PUBLIC HEARING OPENED
Rafael Menis understood many employment forms included a requirement to list a misdemeanor or greater offenses one may have committed over the course of their life, but the ordinance was not criminal misdemeanors and he asked for clarification. As to Section 9.19.30 Safe Storage of Firearms and Ammunition in Vehicles (d), he understood one of the major flashpoints around guns being stored in vehicles and not being secured was the José Garcia Zárate case in the City of San Francisco a few years ago, where a police officer’s unsecured gun had been stolen, fired, ricocheted and killed Kate Steinle. He asked whether there was some way for minimal security requirements to be placed on active-duty police officers to avoid a similar incident from happening again.

Mr. Menis also referenced the regulations in Section 9.19.20, Safe Storage of Firearms in Residences (a) which required The firearm is stored in a locked container, or the firearm is disabled with a trigger lock, and Section 9.19.30 Safe Storage of Firearms and Ammunition in Vehicles (a)(1), which required For any and all Firearms, disabled with a trigger lock in a locked container in the locked trunk of a vehicle, and he asked about the reasoning for the difference.

PUBLIC HEARING CLOSED
City Attorney Casher clarified there were some cities that had criminal prosecutorial authority and actually prosecuted crimes as provided for in their municipal codes, with the term misdemeanor used since some cities prosecuted crimes, although the City Attorney in Pinole did not have that authority, but the term was used to categorize a higher class of offense and was called a misdemeanor and could have the effect of criminal sanctions. Violation of the PMC, would carry a fine of $1,000.

In response to the comments about Section 9.19.30 Safe Storage of Firearms and Ammunition in Vehicles (d), City Attorney Casher stated that most cities had this exception where the restrictions would not apply to law enforcement personnel who were in their vehicles so as not to restrict policing in that way and allow law enforcement to have the ability to make those decisions. There were also different responsibilities and accountability if there were infractions through their line of work. This regulation had been discussed by the Municipal Code Update Subcommittee who wanted to keep that exception.

As to the differences between Section 9.19.20, Safe Storage of Firearms in Residences and Section 9.19.30 Safe Storage of Firearms and Ammunition in Vehicles, the City Attorney noted that the first section applied to residences while the other applied to vehicles. This regulation had also been discussed at the Municipal Code Update Subcommittee level.

Pinole City Council Regular Meeting
Minutes – September 3, 2024

Mayor Pro Tem Sasai was excited the ordinance had come back at this time. He commented that many jurisdictions had similar ordinances including Contra Costa County as well as unincorporated parts of Contra Costa County. The leading cause of death for children in the United States was firearm-related deaths. Previously, it had been deaths related to car accidents and governments had responded by enacting laws for the use of seat belts and air bags. More recently, vehicles sold after 2030 would be required to have security systems telling drivers when they were traveling above the speed limit. He suggested this ordinance was essentially a seat belt law for firearms.

Mayor Pro Tem Sasai pointed out the City Council just presented a proclamation for Suicide Prevention Day and Suicide Prevention Month and noted over half of the suicides in the United States were firearm related. Many of those cases involved a child or family member who had access to a firearm. This ordinance was incredibly important and he thanked the Mayor for all of the good discussions during the Municipal Code Update Subcommittee which considered the best of all ordinances in the state, and suggested the City’s ordinance could be the strongest in the state.

Council member Murphy also thanked the Municipal Code Update Subcommittee and the City Attorney for the work on the ordinance.

Mayor Toms thanked the Mayor Pro Tem for bringing the item forward. She too commented on the thorough discussions during the Municipal Code Update Subcommittee meetings.

ACTION: Motion by Mayor Pro Tem Sasai/Council member Martinez-Rubin to waive the first reading of an ordinance adding Chapter 9.19 ‘Safe Storage of Firearms” to the Pinole Municipal Code.

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

Absent: None

11. OLD BUSINESS: None

12. NEW BUSINESS: None

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.

Deputy City Clerk Stone reported there were no comments from the public.

Pinole City Council Regular Meeting
Minutes – September 3, 2024

Mayor Toms asked that the meeting adjourn in memory of Steve Alameda, a retired Coach for Pinole Valley and Kennedy High Schools.

14. ADJOURNMENT to the Regular Meeting of September 17, 2024 in Remembrance of Amber Swartz and Steve Alameda.

At 8:28 p.m., Mayor Toms adjourned the meeting to the Regular City Council Meeting of September 17, 2024 in Remembrance of Amber Swartz and Steve Alameda.

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

CITY COUNCIL
REPORT 9.C.

DATE: SEPTEMBER 17, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: MARKISHA GUILLORY, FINANCE DIRECTOR
SUBJECT: FY 2023/24 FOURTH QUARTER INVESTMENT REPORT

RECOMMENDATION
Staff recommends that the City Council receive the Quarterly Investment Report for the fourth quarter (ending June 30, 2024).

BACKGROUND
The City of Pinole Investment Policy requires that a Quarterly Investment Report be submitted to the City Council. The City’s investments, as shown in the attached Investment Report for the quarter ending June 30, 2024, conform to the City’s Investment Policy as well as all applicable State and federal requirements, including California Government Code Section 53646.

The funds that the City invests, and which are reported in the Quarterly Investment Report, are comprised of cash and investment balances that are held across all City funds. The cash and investment balances across all City funds are “pooled” for investment purposes, with the exception of the assets of the General Reserve, which is discussed further below. Cash is invested in accordance with the City’s Investment Policy. Interest earnings on investments are allocated to the various funds based on the cash and investment balances of those funds.

The City also maintains a Section 115 Trust that was established for the purpose of setting aside resources to offset anticipated increases in future City pension costs. The cash and investments in the trust are designated as restricted fund balance in the City’s General Fund.

These funds are invested according to the policy objectives and guidelines of the City’s Pension Investment Policy.

REVIEW AND ANALYSIS
Investment Policy
All investments held at June 30, 2024 conform to the City’s Investment Policy and all applicable State and federal requirements. The City’s investment objectives, in order of priority, are safety, which is investing in the highest quality securities; liquidity, which is the ability to convert the investment to cash as necessary to meet cash flow requirements; and yield, which is earning a higher return.

Investment Strategy

The City utilizes a passive investment management approach by buying and holding securities until maturity. Earnings on investments held until maturity typically fluctuate with market conditions and are considered “unrealized” prior to maturity. The City expects to yield a gain on all investments at maturity. A “laddered maturity” investment strategy is applied to the longterm portion of the City’s investment portfolio. A laddered portfolio is structured with securities that have different maturity dates. As securities are called or mature, proceeds are reinvested in a new security with another long term at the end of the ladder. Laddering helps to minimize interest-rate risk, increase liquidity, and diversify credit risk.

Staff continues to monitor rates of return on City funds invested and make investments to best achieve the objectives laid out in the Investment Policy.

Fourth Quarter Investment Summary
As of June 30, 2024, total cash and investments increased by $4,714,349 from the previous quarter, from $49,701,835 to $54,416,184. Typically, the City experiences swings in cash inflow and outflow due to the seasonality of large receipts, such as property taxes, and large disbursements, like debt service that is paid semiannually. The City will have sufficient cash flow to meet the next six months of estimated expenditures.

Investment Instruments
The Finance Director, in consultation with the City Treasurer, selects the instruments in which to invest the City’s funds, in order to best meet the objectives laid out in the City’s Investment Policy. The balances held in different investment instruments at June 30, 2024 are noted in Attachment A. The bulk of the City’s investment funds are invested in the State of California’s Local Agency Investment Fund (LAIF), because of the safety and liquidity of that investment.

Funds in the City’s General Reserve are maintained in an account that is separate from the rest of the pooled funds. This enables the Finance Director to implement a directed investment plan for the General Reserve funds. The City’s practice has been to invest these funds in instruments with longer duration, thereby yielding greater investment earnings.

Investment Yield and Duration
The weighted average yield of the City’s investment portfolio for the quarter ended June 30, 2024 is summarized in Attachment A. The total investment portfolio yielded 4.443% for the fourth quarter (April through June 2024), up from the 4.231% yielded in the previous quarter (January through March 2024).

For the fourth quarter, LAIF earned an average annual yield of 4.480%, up from an average annual yield of 4.232% for the third quarter. LAIF yields gradually decreased between June 2019 and November 2021 and were lower than long-term investment yields in most cases.

However, LAIF has shown gradual growth in yield since December 2021.

The General Reserve, which holds the longer-term investments, earned an average annual yield of 4.001%, slightly up from the 3.862% average annual yield in the third quarter. No new investment instruments were purchased during the fourth quarter. Additionally, a certificate of deposit matured, First Source Federal Credit Union, and was redeemed for cash.

Section 115 Trust
The Section 115 Trust is comprised of a diversified portfolio of investments consistent with the Trust’s objectives and liquidity requirements. The funds are invested on behalf of the City by Public Agency Retirement Services (PARS). The portfolio summary for the quarter ending June 30, 2024 is included in Attachment B to this report.

FISCAL IMPACT
There is no fiscal impact as a result of receiving the Fourth Quarter Investment Report.

ATTACHMENTS
A. Investment Report - Quarter Ending 6-30-24
B. Section 115 Trust Investment Report- Quarter Ending 6-30-24

CITY OF PINOLE
INVESTMENT REPORT JUNE 2024

PORTFOLIO SUMMARY
Weighted
Days to Average
Investments Par Value Market Value Book Value % of Portfolio Maturity Yield Maturity Investment Pool - LAIF 29,280,220 29,172,353 29,172,353 59.01% 1 4.480 1 Investment Pool - CalTrust 3,427,211 3,427,211 3,427,211 6.93% 1 4.890 0 Money Market Savings 6,581,691 6,581,691 6,581,691 13.31% 1 4.840 0 Mutual Funds 5,896,099 5,896,099 5,896,099 11.93% 1 4.913 0 Certificates of Deposit 2,979,000 2,943,637 2,943,637 5.95% 339 3.291 2 Medium-Term Corporate Notes 1,000,000 940,090 940,090 1.90% 803 2.180 15 Federal Agency Securities 500,000 478,135 478,135 0.97% 345 0.710 3 Subtotal Investments $ 49,664,221 $ 49,439,216 49,439,216 100.00% 248 4.443 3 Average Years to Maturity: 0.7
Cash
Mechanics Bank - Vendor Checking * 2,812,403 2,812,403 2,812,403 1 Mechanics Bank - WWTP Debt Svc. Checking 1,089,183 1,089,183 1,089,183 1 BMO - Payroll Checking * 672,761 672,761 672,761 1
BMO - Checking (Credit Card Clearing) * 402,621 402,621 402,621 1 Subtotal Cash 4,976,968 4,976,968 4,976,968 1
Total Cash and Investments $ 54,641,189 $ 54,416,184 $ 54,416,184 *Not included in yield calculations
The above investments are consistent with the City's Investment Policy and allowable under current legislation of the State of California. Investments were selected using safety, liquidity and yield as the criteria. The source of the market values for the investments are provided by US Bank in accordance with the California Government Code requirement. The City has sufficient cash flow to cover anticipated expenditures through the next six months.

Investment Pool
66%
Money Market
Savings
13%
Mutual Funds
12%
Certificates of Deposit
6%
Medium-Term
Corporate Notes
2%
Federal Agency
Securities
1%

CITY OF PINOLE - INVESTMENT PORTFOLIO
JANUARY 2022
-
5 10
15 20
25 30
35 40
45 50
0-3 mo 4-6 mo 7-12 mo 1-2 yr 2-3 yr 3-4 yr 5 yr +
Millions

MATURITY DISTRIBUTION
66%
13%
12%
6%
2%
1%
$0 $10,000,000 $20,000,000 $30,000,000 $40,000,000
Investment Pool
Money Market Savings
Mutual Funds
Certificates of Deposit
Medium-Term Corporate Notes
Federal Agency Securities

CITY OF PINOLE - INVESTMENT PORTFOLIO
JUNE 2024

CITY OF PINOLE
INVESTMENT REPORT JUNE 2024 DETAIL

PORTFOLIO DETAILS
Type /
Account
Number CUSIP Issuer Manager GL Acct # Par Value Market Value Book Value Rate Yield Days to
Maturity
S&P
Rating
Maturity
Date
Weighted
Average
Maturity
Investment Pool
Local Agency Investment Fund (LAIF) LAIF 999-10201 29,280,220 29,172,353 29,172,353 4.480 4.480 1 N/A 1 CalTrust - Short Term Fund (City) CalTrust 999-10202 26,511 26,511 26,511 5.100 5.100 1 N/A 0 CalTrust - Medium Term Fund (City) CalTrust 999-10203 3,400,700 3,400,700 3,400,700 4.680 4.680 1 N/A 0 32,707,431 32,599,563 32,599,563 4.753 4.501 1 0
Money Market Savings
Mechanics Bank City 999-10102 6,473,893 6,473,893 6,473,893 4.920 4.920 1 N/A 0 BMO City 999-10104 107,799 107,799 107,799 0.010 0.010 1 N/A 0 6,581,691 6,581,691 6,581,691 2.465 4.840 1 0
Mutual Funds
19-516680 U.S. Bank US Bank 150-10110 34,193 34,193 34,193 1.980 1.980 1 N/A 0 19-516680 31846V203 1st American Government Obligation Fund US Bank 150-10110 5,861,906 5,861,906 5,861,906 4.930 4.930 1 N/A 0 5,896,099 5,896,099 5,896,099 3.455 4.913 1 0
Certificates of Deposit
19-516680 01025RAG4 Alabama Cr Un US Bank 150-10110 248,000 248,590 248,590 5.000 4.990 722 N/A 6/22/2026 4 19-516680 064520BG3 Bank of Princeton US Bank 150-10110 250,000 243,970 243,970 0.500 0.510 183 N/A 12/30/2024 1 19-516680 05580A2H6 Bmw Bk North Amer US Bank 150-10110 244,000 243,195 243,195 4.900 4.920 351 N/A 6/16/2025 2 19-516680 30960QAP2 Farmers Insurance Group Fed US Bank 150-10110 248,000 248,181 248,181 5.250 5.250 386 N/A 7/21/2025 2 19-516680 33715LFK1 First Technology Federal Credi US Bank 150-10110 248,000 247,752 247,752 5.100 5.100 351 N/A 6/16/2025 2 19-516680 53052LAW9 Liberty Fed Cr Un Evansville US Bank 150-10110 248,000 248,303 248,303 5.300 5.290 379 N/A 7/14/2025 2 19-516680 70212VAB4 Partners Bk helena Ark US Bank 150-10110 247,000 235,892 235,892 0.600 0.630 365 N/A 6/30/2025 2 19-516680 70215UAA5 Partners 1ST Federal Cu US Bank 150-10110 248,000 247,970 247,970 5.500 5.500 17 N/A 7/17/2024 0 19-516680 84223QAN7 Southern Bankcorp Bank US Bank 150-10110 250,000 246,075 246,075 0.500 0.510 117 N/A 10/25/2024 1 19-516680 856283N51 State Bk Indiana Chicago III US Bank 150-10110 250,000 239,118 239,118 1.000 1.050 361 N/A 6/26/2025 2 19-516680 87164WC71 Synchrony Bank US Bank 150-10110 249,000 245,955 245,955 0.650 0.660 92 N/A 9/30/2024 0 19-516680 910286GR8 United Fid Bk FSB Evansville I US Bank 150-10110 249,000 248,636 248,636 4.800 4.810 744 N/A 7/14/2026 4 2,979,000 2,943,637 2,943,637 3.258 3.291 339 2
Medium-Term Corporate Notes
19-516679 037833DN7 Apple Inc. US Bank 150-10110 1,000,000 940,090 940,090 2.050 2.180 803 AA+ 9/11/2026 15 1,000,000 940,090 940,090 2.050 2.180 803 15
Federal Agency Securities
19-516680 3133ELH80 Federal Farm Credit Bks US Bank 150-10110 500,000 478,135 478,135 0.680 0.710 345 AA+ 6/10/2025 3 500,000 478,135 478,135 0.680 0.710 345 3
$ 49,664,221 $ 49,439,216 $ 49,439,216 2.777 4.4426216 248 3 Average Years : 0.7

Investments Market Value Book Value % of Market Yield
Cash and Equivalents 240,117 240,117 1.52% 6.400
U.S. Government Issues 5,643,045 5,992,521 35.68% 4.210 Corporate Issues 3,391,375 3,522,453 21.44% 4.920
Foreign Issues 160,412 166,053 1.01% 4.410
Municipal Issues 26,806 30,479 0.17% 4.870
Mutual Funds-Equity 5,808,987 4,763,908 36.73% 1.220
Mutual Funds-Fixed Income 480,980 480,038 3.04% 6.420
Total Assets 15,751,721 15,195,569 99.59% 3.370
Accrued Income 65,232 65,232 0.41%
Grand Total $ 15,816,953 $ 15,260,801 100%

CITY OF PINOLE
INVESTMENT REPORT JUNE 2024
SECTION 115 TRUST PORTFOLIO SUMMARY

36.73%

35.68%

21.44%

3.04%

1.52%

1.01%

0.41%

0.17%
$0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 Mutual Funds-Equity
U.S. Government Issues
Corporate Issues
Mutual Funds-Fixed Income
Cash and Equivalents
Foreign Issues
Accrued Income
Municipal Issues
Portfolio Summary

CITY COUNCIL
REPORT 9.D.

DATE: SEPTEMBER 17, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: MARKISHA GUILLORY, FINANCE DIRECTOR
SUBJECT: FY 2023/24 FOURTH QUARTER FINANCIAL REPORT AND YEAR-END

ADJUSTMENTS

RECOMMENDATION
Staff recommends that the City Council receive the Fiscal Year (FY) 2023/24 Fourth Quarter Financial Report and adopt a resolution approving year-end budget adjustments.

BACKGROUND
The City operates on an annual budget cycle. Through the budget, the City Council approves revenue estimates and authorizes City staff to expend the City’s limited financial resources.

The City Council adopts an original budget prior to the start of each fiscal year, then makes adjustments to the budget throughout the year to reflect changes in expected revenues and to increase or decrease expenditures to address changes in policy or operational priorities.

As one of the many activities that the City undertakes to help ensure its financial soundness, staff provides quarterly financial reports on the City’s budget condition.

The Fourth Quarter Financial Report covers financial activity for FY 2023/24, from July 1, 2023 through June 30, 2024. It provides preliminary year-end results since the annual audit has not been completed. Further adjustments may be necessary as a result of the City’s year-end audit process.

REVIEW AND ANALYSIS
Staff has reviewed the City’s budget results through fourth quarter, from July 1, 2023 through June 30, 2024. City revenues and expenditures are mostly on track with original budgeted amounts. Staff does recommend some budget adjustments, which are discussed within this report and in Attachment A.

General Fund Analysis
The FY 2023/24 budget is a status quo budget, meaning that while it includes several economic adjustments, it does not include any fundamental changes to programs or service levels. The City remains in a stable financial position and is able to fund its operating and capital expenditures through annual, recurring funding sources. The originally adopted FY 2023/24 General Fund budget included $25.6 million in revenues, $34.4 million in expenditures, and $8.8 million use of the $12.5 million unassigned fund balance (residual,

unrestricted funds) to fund several capital improvement projects and several Council-directed initiatives.

The FY 2023/24 revised (“mid-year”) budget included $25.8 million in revenues, $35.2 million in expenditures, and $9.4 million use of unassigned fund balance.

As of FY 2023/24 year-end, the City estimates total revenues of $27.1 million, expenditures of $31.8 million, and $4.7 million use of fund balance. The General Fund unassigned fund balance is projected to be $7.7 million at the end of the fiscal year, at this point. The year-end estimate includes a proposed budget adjustment to increase the transfers out (operating subsidies) to the Recreation Fund and Pinole Community Television (PCTV) Fund to balance the funds. The table below summarizes the General Fund budget.

General Fund Revenue (including Measure S 2006 and 2014) The City Council authorized revenues in the amount of $25.6 million in the original FY 2023/24 General Fund budget, including Measure S 2006 and 2014. The revised budget as of mid-year totaled $25.8 million. General Fund actual revenues for FY 2023/24 totaled $27.1 million, 105% of the amended budget. The table below summarizes the General Fund budgeted revenues.

Sales Tax
Sales tax is the City’s largest general revenue stream, representing 37% of total ongoing General Fund revenues. For FY 2023/24, total sales tax collected, including Measure S funds, was $9,430,219, 100% of the amended budget.

Property Tax
Property tax is the City’s second largest revenue stream, representing 22% of total ongoing General Fund revenues. It is comprised of four segments – secured, unsecured,

supplemental, and transfer tax. The largest segment is secured property tax. It is received in three installments in December (55%), April (40%), and June of each year (5%). Secured property tax revenue includes the basic 1% property tax and the Redevelopment Property Tax Trust Fund (RPTTF). This is revenue that has resulted from the dissolution of the former Pinole Redevelopment Agency and represents the shift from the Agency receiving tax increment revenue to the various taxing entities receiving the tax revenue. The RPTTF revenue will convert to “normal” property tax revenue when all of the former Agency’s outstanding debt is paid off and the Successor Agency is formally dissolved. Dissolution is in progress as the final debt service payment has been paid. For FY 2023/24, total property tax revenue was $5,948,810, 105% of the amended budget. Revenue from the RPTTF portion came in higher than projected.

Utility User’s Tax
Utility Users’ Tax (UUT) is levied on telecommunication, electricity, gas, and mobile telephones. For FY 2023/24, UUT revenues collected were $2,445,715, 112% of the amended budget. Receipts from the electricity segment came in significantly higher than projected.

Franchise Tax
Franchise Tax is levied on gas, electricity, cable, and refuse. For FY 2023/24, revenues collected were $901,208, 113% of the amended budget. Receipts from the refuse segment was significantly higher than projected.

Transient Occupancy Tax
Transient Occupancy Tax (TOT), also known as the “hotel tax,” is levied on persons staying 30 days or less in a motel or lodging facility within City limits. For FY 2023/24, revenues collected were $378,622, 84% of the amended budget. Short-term lodging has been trending downward.

Business License
Business License Tax is assessed on all businesses doing business within City limits. For FY 2023/24, revenues collected from renewals and new businesses totaled $467,817, 107% of the amended budget.

Intergovernmental Taxes
Intergovernmental Taxes is comprised of the Motor Vehicle License Fee (VLF), which is the City’s share of motor vehicle license fees levied, collected, and apportioned by the State. This category also includes the Homeowners Property Tax Relief, which is a reimbursement from the State to offset loss of property tax for the state-imposed homeowner exemption. This revenue is received in two equal installments. For FY 2023/24, revenue collected was $2,346,237, 101% of the amended budget.

Public Safety Charges
Public safety charges are received for dispatch services provided to the cities of Hercules and

San Pablo under an Intergovernmental Service Sharing agreement. For FY 2023/24, public safety charges were $1,834,100, 108% of the amended budget. Actual revenue was higher than projected due to a true-up payment that was made in first quarter for the prior fiscal year.

Other Revenues
Other revenues include permits, fees, fines and forfeitures, rental income, proceeds from the sale of property, investment income, and grants. For FY 2023/24, all revenues in this category totaled $1,086,662, 195% of the amended budget. Actual revenue was higher than projected mostly due to permit activity.

Other Financing Sources/Transfer In
The transfer in comes from the Section 115 Trust to offset the increase in pension costs in the General Fund. The amount of the transfer is based on total expenditures at year-end. For FY 2023/24, the transfer in to the General Fund was $2,231,793, 99% of the amended budget.

General Fund Expenditures (including Measure S 2006 and 2014) The City Council authorized expenditures in the amount of $34.4 million in the original FY 2023/24 General Fund budget. The revised budget was increased to $35.2 million. General Fund actual expenditures for FY 2023/24 totaled $31.1 million (including encumbrances), 86% of the amended budget. The table below summarizes the General Fund budgeted expenditures. As mentioned above, staff recommends budget adjustments totaling $769,399 to increase the transfers out (operating subsidies) to the Recreation Fund and the PCTV Fund to balance those funds.

The following are explanations of significant expenditure variances from budgeted amounts. • Police department expenditures ended FY 2023/24 at 104% of the amended budget primarily due to unanticipated vacation payouts resulting from retirements and comp time leave payouts. Other pay types, such as overtime, longevity, and pension costs were higher than projected.
• Fire expenditures ended FY 2023/24 at 109% of the amended budget primarily due to higher than projected pension costs for the unfunded liability portion for former fire

staff.

Overall, actual General Fund (including Measure S) revenues exceeded budget by $1.3 million, mainly due to higher than projected receipts in tax revenues and permit fee revenues.

Actual expenditures were lower than budget by $5 million, primarily attributable to budgeted capital projects and one-time initiatives that were not completed in FY 2023/24, but were carried forward to FY 2024/25. As mentioned above, the General Fund unassigned fund balance is projected to be $7.7 million at the end of this fiscal year. This amount will increase to approximately $8.1 million once open purchase orders are closed. The City also maintains a separate General Reserve Fund which maintains a balance equal to 50% (six months of expenditure coverage) of total ongoing General Fund expenditures. The fund balance is projected to be $10.3 million at the end of this fiscal year.

Other Funds Analysis
The following analysis provides explanations of the financial activity for select non-general funds with substantial financial activity. Attachment A includes detailed financial information for all funds.

Special Revenue Funds
Gas Tax Fund (Fund 200)
The Gas Tax Fund accounts for revenue from State excise taxes on gasoline and diesel fuel sales (referred to as the Highway Users Tax Account (HUTA)) as well as revenue from the Road Repair and Accountability Act of 2017 (SB1) (referred to as the Road Maintenance and Rehabilitation Account (RMRA)). Gas Tax Fund resources are restricted for use in the construction and maintenance of public streets. These funds support both annual operating and capital projects. For FY 2023/24, revenues were $1,078,951, 103% of the amended budget. Revenues were higher than the budgeted amount mainly due to higher interest earnings. Expenditures, including encumbrances, were $626,807, 31% of the amended budget. Actual expenditures were low due to the timing of budgeted capital projects.

Public Safety Augmentation Fund (Fund 203)
The Public Safety Augmentation Fund (PSAF) accounts for monies allocated by the County Auditor-Controller under Proposition 172 from the statewide 0.5% sales tax based on a share of statewide taxable sales. These funds are used exclusively for public safety personnel costs. For FY 2023/24, revenues were $241,358, 100% of the amended budget. Expenditures were $482,009, 96% of the amended budget.

Supplemental Law Enforcement Services Fund (206)
The Supplemental Law Enforcement Services Fund (SLESF) accounts for funds received from the County under AB 3229, which enacted the Citizens Option for Public Safety (COPS) Program, through which the City receives $100,000 annually. In addition to the $100,000 annual payment, the City receives a Growth Allocation payment. The funds are used to partially offset officer personnel costs. For FY 2023/24, revenues were $209,838, 126% of the amended budget. Revenues were higher than the budgeted amount mainly due to higher interest earnings. Expenditures were $326,357, 96% of the amended budget. A portion of fund balance was used to purchase safety equipment and vehicles.

NPDES Storm Water Fund (Fund 207)
The NPDES Storm Water Fund accounts for assessments collected by the County via property tax bills and provided to the City for stormwater programs pursuant to the National Pollutant Discharge Elimination System (NPDES) regulations, a federally mandated program.

Assessments are levied at $35 per Equivalent Runoff Unit (ERU). Revenues are typically received in December, April, and June through property taxassessments. For FY 2023/24, revenues were $240,155, 95% of the amended budget. Expenditures were $363,782, 97% of the amended budget.

Recreation Department Fund (Fund 209)
The Recreation Department Fund accounts for funds received from fees for participation in recreational programs. While participation in some programs have returned to full capacity, other have not returned to pre-pandemic levels. For FY 2023/24, program revenues were $517,948, 104% of the amended budget. In addition, the Recreation Fund budget includes transfers in from the General Fund and Measure S 106 Fund; the actual amount transferred is based on need. Expenditures were $1,889,230, 83% of the amended budget. Actual expenditures were lower than budgeted in the administration, senior center, and youth center divisions. The original budget includes transfers in totaling $799,131, but an additional $593,187 is needed to balance the fund. Therefore, staff recommends a $593,187 budget

adjustment to increase the transfer in from Measure S 2014.

Building & Planning Fund (Fund 212)
The Building & Planning Fund accounts for funds received from fees and permits for building and planning services. Fees are collected to recover the cost primarily related to inspections and plan checks performed. FY 2023/24, revenues were $1,685,643, 109% of the amended budget. Actual revenues were higher due to higher than projected permit fee and review fee receipts. Expenditures were $2,339,135, 102% of the amended budget.

Solid Waste Fund (Fund 214)
The Solid Waste Fund accounts for funds received from Republic Services from a monthly fee it assesses on customer rates for solid waste services. These funds are set aside for future solid waste capital projects and for a rate stabilization fund. For FY 2023/24, revenues were $675,329, 184% of the amended budget. Actual revenues were higher due to higher than projected interest earnings and solid waste fee receipts. In addition, the City received a $75,000 recycling grant. Expenditures were $108,328, 18% of the amended budget. Actual expenditures were low due to the timing of budgeted capital projects.

Measure J Fund (Fund 215)
The Measure J Fund accounts for special sales tax revenues collected by the Contra Costa Transportation Authority (CCTA) and reapportioned to the cities for local street projects. The City must submit a checklist each year to confirm compliance with a Growth Management Program in order to receive these funds. Estimates of annual funding are provided by the CCTA, and jurisdiction allocations are based on a formula that considers both population and road mileage. For FY 2023/24, revenues were $734,271, 64% of the amended budget. Actual revenues were lower due to the timing of reimbursements of three state grants (Transportation

Land-Use Connections (TLC) grant, One Bay Area Grant (OBAG), and Highway Safety Improvement Program (HSIP) grant, which have not yet been received. Expenditures, including encumbrances, were $529,984, 52% of the amended budget. Actual expenditures were low due to the timing of budgeted capital projects.

Growth Impact Fund (276)
The Growth Impact Fund accounts for development fees collected to mitigate the impact of new development. Specifically, it provides for the expansion, design, construction, or upgrade to facilities, roadways, and equipment. The City collects impact fees for police, fire protection, public facilities and equipment, wastewater, transportation, drainage, and parks and recreation. For FY 2023/24, impact fee revenues were $221,508, 21% of the amended budget. Actual revenues were lower due to lower than projected receipts from development projects. There were no expenditures due to the timing of budgeted capital projects.

Housing Assets for Resale Fund (285)
The Housing Assets for Resale Fund accounts for activities associated with administering housing programs of the former Pinole Redevelopment Agency, use of Housing Set Aside funds, and the provision of affordable housing within the community. For FY 2023/24, revenue was $201,402, 366% of the amended budget. Actual revenue was higher due to higher than projected interest earnings and, to a lesser extent, loan repayments. Expenditures were $137,350, 40% of the amended budget.

Capital Project Funds
City Street Improvement (Fund 325)
The City Street Improvements Fund accounts for an annual $250,000 transfer from Measure S 2014 for street improvement projects. Additionally, it accounts for various federal, state, and other grants for road projects. Grant revenue is received on a reimbursement basis, after expenditures are incurred. For FY 2023/24, revenues were $368,805, 18% of the amended

budget. Revenues are low due to the timing of reimbursements from CalTrans Transportation Development Act (TDA) and West Contra Costa Transportation Advisory Committee (WCCTAC) Strategic Management Planning Program (STMP) grant programs. Expenditures, including encumbrances, were $395,825, 18% of the amended budget. Actual expenditures were low due to the timing of budgeted capital projects.

Arterial Streets Rehabilitation (Fund 377)
The Arterial Streets Rehabilitation Fund accounts for an annual $250,000 transfer from Measure S 2014 for street rehabilitation projects. For FY 2023/24, revenue (transfer in) was $250,000, 100% of the amended budget. Expenditures, including encumbrances, were $8,066, 1% of the revised budget. Actual expenditures were low due to the timing of budgeted capital projects.

Enterprise Funds
Sewer Enterprise Fund (Fund 500)
The Sewer Enterprise Fund accounts for fees charged to residents and businesses for sewer utilities. Fees are used to operate the Pinole-Hercules Wastewater Treatment Plant, which serves the Pinole and Hercules areas. Revenues are received with the property tax payments in December, April, and June. For FY 2023/24, revenues were $9,152,112, 99% of the amended budget. Expenditures, including encumbrances, were $8,158,132, 34% of the amended budget. Actual expenditures were low due to the timing of budgeted capital projects.

Cable Access TV Fund (Fund 505)
The Cable Access TV Fund accounts for revenue received from cable franchise fees, video production and broadcast charges, and Public, Educational, and Governmental (PEG) access fees. PEG access fees are designated for equipment purchases. Transfers from the General Fund also help support the operating costs. For FY 2023/24, revenues were $198,318, 57% of

the amended budget. Actual revenues were lower mostly due to lower than projected video production receipts. Expenditures were $546,175, 80% of the amended budget. The original budget includes transfers in totaling $160,164, but an additional $161,983 is needed to balance the fund. Therefore, staff recommends a $161,983 budget adjustment to increase the transfer in from Measure S 2014.

Information Systems Fund (Fund 525)
The Information Systems Fund is an internal service fund used to account for activities that provide technology goods or services to other City funds and departments on a costreimbursement basis. For FY 2023/24, revenue (reimbursements received from other City departments for information technology services) are estimated to be $1,637,934, 109% of the amended budget. Expenditures and reimbursements are estimated to be $1,637,934.

Encumbrances for software in the amount of $222,308 are expected to be carried forward to FY 2024/25.

The FY 2023/24 budget and actual revenue, expenditures, and ending fund balance for each City fund is listed in Attachment A.

FISCAL IMPACT
In this FY 2023/24 Fourth Quarter Financial Report, staff recommends budget adjustments as summarized below.
• Net increase in Measure S 2014 Fund (Fund 106) expenditures (transfers out) of $769,33;
• Net increase in Recreation Fund (Fund 209) transfer in of $593,187; • Net increase in Cable Access TV Fund (Fund 505) transfer in of $176,152.

ATTACHMENTS
A. Resolution
B. FY 2023-24 Fourth Quarter Financial Report

RESOLUTION NO. 2024-XX

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

CONTRA COSTA, STATE OF CALIFORNIA, AMENDING THE FISCAL YEAR 2023/24 OPERATING AND CAPITAL BUDGET TO INCORPORATE ADDITIONAL

APPROPRIATIONS
WHEREAS, the City Council did adopt the Fiscal Year (FY) 2023/24 Budget for City Operations by Resolution number 2023-56 on June 20, 2023; and WHEREAS, the City Manager has presented proposed recommendations for modification of the adopted budget and programs of service for the City of Pinole Operations for FY 2023/24 at the regular City Council Meeting held on September 17, 2024; and
WHEREAS, the City Council has considered these recommended changes, as to the matter of the City budget; and
WHEREAS, the City Council has solicited public input on the proposed modifications to the FY 2023/24 Operations and Capital Budget; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pinole as follows:

Modifications to the budget, including any requisite use of appropriate Fund Balance, for the City of Pinole for Fiscal Year 2023/24 commencing July 1, 2023 and ending June 30, 2024 are hereby approved and adopted as follows:

1. FY 2023/24 Expenditure Budget Adjustment
Measure S 2014 (106): $769,339

2. FY 2023/24 Revenue Budget Adjustments
Recreation Fund (209): $593,187
Cable TV Access Fund (505): $176,152
PASSED AND ADOPTED this 17th day of September 2024, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was introduced, passed and adopted on this 17th day of September, 2024.

____________________________
Heather Bell, CMC
City Clerk

Estimated
Year-End
5,678,211 5,678,211 5,678,211 5,948,810 5,948,810 270,599 105% 5,948,810 4,621,023 4,471,023 4,471,023 4,411,000 4,411,000 (60,023) 99% 4,411,000 2,486,000 2,486,000 2,486,000 2,510,464 2,510,464 24,464 101% 2,510,464 2,486,000 2,486,000 2,486,000 2,508,755 2,508,755 22,755 101% 2,508,755 2,085,485 2,185,485 2,185,485 2,445,715 2,445,715 260,230 112% 2,445,715 794,658 794,658 794,658 901,208 901,208 106,550 113% 901,208 890,714 890,714 890,714 846,439 846,439 (44,275) 95% 863,629 453,200 453,200 453,200 378,622 378,622 (74,578) 84% 395,812 437,514 437,514 437,514 467,817 467,817 30,303 107% 467,817 2,319,918 2,319,918 2,319,918 2,346,237 2,346,237 26,319 101% 2,346,237 - - - 129,788 129,788 129,788 0% 129,788
65,882 65,882 65,882 36,194 36,194 (29,688) 55% 36,194
47,025 47,025 47,025 50,913 50,913 3,888 108% 50,913
108,700 108,700 108,700 324,534 324,534 215,834 299% 324,534 500 500 500 22,875 22,875 22,375 4575% 22,875
15,054 15,054 15,054 113,399 113,399 98,345 753% 113,399 33,500 33,500 33,500 22,539 22,539 (10,961) 67% 22,539
22,050 22,050 22,050 29,716 29,716 7,666 135% 29,716
1,432,539 1,693,539 1,693,539 1,834,100 1,834,100 140,561 108% 1,834,100 150,000 150,000 150,000 173,488 173,488 23,488 116% 173,488 89,896 89,896 89,896 86,084 86,084 (3,812) 96% 86,084
16,928 16,928 16,928 83,949 83,949 67,021 496% 83,949
7,560 7,560 7,560 13,045 13,045 5,485 173% 13,045
1,000 1,000 1,000 139 139 (861) 14% 139
23,352,643 23,563,643 - 23,563,643 24,839,390 - 24,839,390 1,275,747 105% 24,856,580 2,245,480 2,245,480 - 2,245,480 2,231,793 2,231,793 (13,687) 99% 2,231,793 25,598,123 25,809,123 - 25,809,123 27,071,183 - 27,071,183 1,262,060 105% 27,088,373 212,212 215,412 215,412 227,194 227,194 (11,782) 105% 227,194 590,960 602,710 602,710 535,472 535,472 67,238 89% 535,472 624,354 624,354 624,354 615,496 615,496 8,858 99% 615,496 8,727 8,727 8,727 9,681 9,681 (954) 111% 9,681
320,428 320,428 320,428 229,817 229,817 90,612 72% 229,817 596,245 596,245 596,245 662,442 662,442 (66,197) 111% 662,442 (275,817) (275,817) (275,817) (432,626) (432,626) 156,809 157% (432,626) 849,436 1,032,468 1,032,468 952,832 952,832 79,636 92% 952,832 888,227 888,227 888,227 831,985 831,985 56,242 94% 831,985 990,238 990,238 990,238 1,555,726 1,555,726 (565,489) 157% 1,555,726 4,484,582 4,682,564 - 4,682,564 4,958,203 - 4,958,203 (275,639) 106% 4,958,203 5,440,241 5,440,241 5,440,241 6,250,517 6,250,517 (810,276) 115% 6,250,517 1,494,478 1,534,219 1,534,219 1,455,558 1,455,558 78,660 95% 1,455,558 2,315,202 2,334,432 2,334,432 2,483,214 2,483,214 (148,782) 106% 2,483,214 3,842,727 3,867,477 3,867,477 4,383,009 4,383,009 (515,532) 113% 4,383,009 13,092,647 13,176,368 - 13,176,368 14,572,298 - 14,572,298 (1,395,930) 111% 14,572,298 655,551 629,014 629,014 713,375 713,375 (84,361) 113% 713,375 625,824 625,824 625,824 225,539 2,888 228,426 397,398 37% 228,426 1,025,442 1,066,942 1,066,942 760,139 39,752 799,891 267,051 75% 799,891 372,315 372,315 372,315 358,808 358,808 13,507 96% 358,808 2,679,132 2,694,095 - 2,694,095 2,057,860 42,640 2,100,500 593,595 78% 2,100,500 16,713 16,713 16,713 10,249 10,249 6,464 61% 10,249
281,912 273,178 273,178 259,116 259,116 14,061 95% 259,116 306,992 309,992 309,992 269,833 269,833 40,159 87% 269,833 605,617 599,883 - 599,883 539,198 539,198 60,684 90% 539,198 43,600 43,600 43,600 1,816 1,816 41,784 4% 1,816
182,585 182,585 182,585 158,796 158,796 23,789 87% 158,796 169,701 169,701 169,701 164,428 164,428 5,273 97% 164,428 395,886 395,886 - 395,886 325,040 - 325,040 70,846 82% 325,040 611,107 611,107 611,107 615,440 615,440 (4,333) 101% 615,440 1,590,275 1,657,275 1,657,275 1,657,275 1,657,275 - 100% 1,657,275 23,459,246 23,817,177 - 23,817,177 24,725,314 42,640 24,767,954 (950,776) 104% 24,767,954 City of Pinole, CA For FY2023/24 Period Ending: 6/30/24 Variance
Favorable
(Unfavorable)
Original
Budget Revised Budget
Proposed
Adjustments Amended Budget YTD Actual Encumbrances Total Percent
Used
General Fund (including Measure S 2006 and 2014)
Revenue
311- Property Taxes
312- Sales and Use Taxes
312- Sales and Use Taxes-Meas S 2006
312- Sales and Use Taxes-Meas S 2014
313- Utility Users Tax
314- Franchise Taxes
315- Other Taxes
Other Tax/Transient Occupancy Tax
Other Tax/Business License
321- Intergovernmental Taxes
323- State Grants
324- Other Grants
332- Permits
341- Review Fees
342- Other Fees
343- Abatement Fees
351- Fines and Forfeiture
361- Public Safety Charges
370- Interest and Investment Income
381- Rental Income
383- Reimbursements
384- Other Revenue
392- Proceeds from Sale of Property
Revenue Total:
399- Pension Trust 115 Transfer
Sources Total:

Fund: 100- General Fund
Expenditures
Division: 110- City Council Total:

Division: 111- City Manager Total:

Division: 112- City Clerk Total:

Division: 113- City Treasurer Total:

Division: 114- City Attorney Total:

City Attorney Services
City Attorney Indirect Cost Allocations
Division: 115- Finance Department Total:

Division: 116- Human Resources Total:

Division: 117- General Government Total:

Total Administrative:

Division: 221- Police Operations Total:

Division: 222- Police Support Services Total:

Division: 223- Dispatch WBCC Total:

Division: 231- Fire Total:

Total Public Safety:

Division: 341- Administration/Engineering Total:

Division: 342- Road Maintenance Total:

Division: 343- Facility Maintenance Total:

Division: 345- Park Maintenance Total:

Public Works Total:

Division: 461- Planning Total:

Division: 465- Code Enforcement Total:

Division: 466- Economic Development Total:

Community Development Total:

Division: 551- Recreation Administration Total:

Division: 560- Library Services Total:

Division: 561 Animal Control Services Total:

Community Services Total:

Debt Service:

Operating Transfer Out:

Expenditure Total:
322- Federal Grants

Estimated
Year-End
City of Pinole, CA For FY2023/24 Period Ending: 6/30/24 Variance
Favorable
(Unfavorable)
Original
Budget Revised Budget
Proposed
Adjustments Amended Budget YTD Actual Encumbrances Total Percent
Used
2,450 2,450 2,450 377 377 2,073 15% 377
1,697,340 1,697,340 1,697,340 1,252,499 1,252,499 444,841 74% 1,252,499 780,955 780,955 780,955 755,412 755,412 25,543 97% 755,412 2,480,745 2,480,745 - 2,480,745 2,008,287 - 2,008,287 472,458 81% 2,008,287 2,450 2,450 2,450 977 977 1,473 40% 977
3,600 3,600 3,600 - - 3,600 0% -
6,050 6,050 - 6,050 977 - 977 5,073 16% 977
- 23,759 23,759 23,759 23,759 0 100% 23,759
114,852 114,852 114,852 118,225 118,225 (3,373) 103% 118,225 948,303 948,303 948,303 968,725 968,725 (20,422) 102% 968,725 1,063,155 1,086,914 - 1,086,914 1,110,709 - 1,110,709 (23,795) 102% 1,110,709 225,317 373,692 373,692 64,578 33,311 97,890 275,803 26% 97,890 1,035,210 1,035,210 1,035,210 569,334 60,073 629,406 405,804 61% 629,406 3,356,097 3,668,686 3,668,686 413,795 133,994 547,789 3,120,897 15% 547,789 1,332,098 1,332,098 1,332,098 424,751 156,538 581,289 750,809 44% 581,289 610,440 612,065 612,065 516,063 516,063 96,001 84% 516,063 6,559,162 7,021,751 - 7,021,751 1,988,521 383,916 2,372,437 4,649,314 34% 2,372,437 20,000 20,000 20,000 10,000 10,000 10,000 50% 10,000
20,000 20,000 - 20,000 10,000 - 10,000 10,000 50% 10,000 - - - - - - 0% -
15,850 15,850 15,850 739 739 15,111 5% 739
10,000 10,000 10,000 - - 10,000 0% -
25,850 25,850 - 25,850 739 - 739 25,111 3% 739
7,674,217 8,160,565 - 8,160,565 3,110,945 383,916 3,494,862 4,665,703 43% 3,494,862 783,500 783,500 769,339 1,552,839 783,500 783,500 769,339 50% 1,552,839 8,457,717 8,944,065 769,339 9,713,404 3,894,445 383,916 4,278,362 5,435,042 44% 5,047,701 34,397,708 35,241,987 769,339 36,011,326 30,628,047 426,556 31,054,603 4,956,724 86% 31,823,942 (8,799,585) (9,432,865) (769,339) (10,202,204) (3,556,864) (426,556) (3,983,420) (6,218,784) 39% (4,735,569) Fund Balance July 1, 2023 12,470,865 12,470,865 12,470,865 12,470,865 12,470,865 Estimated Fund Balance June 30, 2024 3,671,280 3,038,000 2,268,661 8,914,001 7,735,296 165,300 165,300 165,300 476,241 476,241 310,941 288% 476,241 165,300 165,300 - 165,300 476,241 - 476,241 310,941 288% 476,241 764,520 764,520 764,520 764,520 764,520 - 100% 764,520
929,820 929,820 - 929,820 1,240,761 1,240,761 310,941 133% 1,240,761 Fund Balance July 1, 2023 9,025,297 9,025,297 9,025,297 9,025,297 9,025,297 Estimated Fund Balance June 30, 2024 9,955,117 9,955,117 9,955,117 10,266,058 10,266,058 - - - - - - 0% -
- - - - - - - - 0% -
150,000 150,000 150,000 150,000 150,000 - 100% 150,000
150,000 150,000 - 150,000 150,000 - 150,000 - 100% 150,000 - 45,201 45,201 44,853 44,853 348 99% 44,853
120,000 120,000 120,000 - - 120,000 0% -
80,000 34,799 34,799 13,099 110,873 123,972 (89,173) 356% 13,099 5,000 5,000 5,000 - - 5,000 0% -
205,000 205,000 - 205,000 57,952 110,873 168,825 36,175 82% 57,952 (55,000) (55,000) (55,000) 92,048 (110,873) (18,825) 36,175 34% 92,048 Fund Balance July 1, 2023 286,732 286,732 286,732 286,732 286,732 Estimated Fund Balance June 30, 2024 231,732 231,732 231,732 378,780 378,780 Fund: 105 - Measure S -2006
Expenditures
Division: 115- Finance Department Total:

Division: 221- Police Operations Total:

Division: 231- Fire Total:

Expenditures Total:

Fund: 106 - Measure S-2014
Expenditures
Division: 115- Finance Department Total:

Division: 118- Information Systems Total:

Total Administrative:

Division: 221- Police Operations Total:

Division: 222- Police Support Services Total:

Division: 231- Fire Total:

Total Public Safety:

Division: 341- Admin/Engineering Total:

Division: 342- Road Maintenance Total:

Division: 343- Facility Maintenance Total:

Division: 344- NPDES Storm Drain Total:

Division: 345- Park Maintenance Total:

Public Works Total:

Division: 466- Economic Development Total:

Community Development Total:

Division: 552- Senior Center Total:

Division: 553- Tiny Tots Total:

Division: 554- Youth Center Total:

Community Services Total:

Sub-Total:

Operating Transfer Out:

Expenditure Total:

General Fund and Measure S Expenditure Total:

General Fund and Measure S Net Results:

Fund: 150 - General Reserve
370- Interest and Investment Income
Revenue Total:
399- Transfer In Total:

General Reserve Net Results:

Fund: 160 - Equipment Reserve
392- Sale of Property
Revenue Total:
399- Transfers In Total:

Sources Total:

Expenditures
Division: 341- Admin and Engineering Total:

Division: 342- Road Maintenance Total:

Division: 345- Park Maintenance Total:

Division: 461- Planning Total:

Expenditures Total:

Equipment Reserve Net Results:

Estimated
Year-End
City of Pinole, CA For FY2023/24 Period Ending: 6/30/24 Variance
Favorable
(Unfavorable)
Original
Budget Revised Budget
Proposed
Adjustments Amended Budget YTD Actual Encumbrances Total Percent
Used
1,033,764 1,033,764 1,033,764 1,008,904 1,008,904 (24,860) 98% 1,008,904 5,000 5,000 5,000 66,310 66,310 61,310 1326% 66,310
7,636 7,636 7,636 3,737 3,737 (3,899) 49% 3,737
1,046,400 1,046,400 - 1,046,400 1,078,951 - 1,078,951 (32,551) 103% 1,078,951 1,980,986 1,980,986 1,980,986 621,769 5,039 626,807 1,354,179 32% 621,769 1,980,986 1,980,986 - 1,980,986 621,769 5,039 626,807 1,354,179 32% 621,769 (934,586) (934,586) (934,586) 457,182 (5,039) 452,144 1,386,730 -48% 457,182 Fund Balance July 1, 2023 1,131,871 1,131,871 1,131,871 1,131,871 1,131,871 Estimated Fund Balance June 30, 2024 197,285 197,285 197,285 1,589,053 1,589,053 3,175 3,175 3,175 - - (3,175) 0% -
36,816 36,816 36,816 - - (36,816) 0% -
39,991 39,991 - 39,991 - - - 39,991 0% -
26,000 26,000 26,000 14,808 14,808 11,192 57% 14,808
26,000 26,000 - 26,000 14,808 - 14,808 11,192 57% 14,808 13,991 13,991 13,991 (14,808) (14,808) (28,799) -106% (14,808) Fund Balance July 1, 2023 148,246 148,246 148,246 148,246 148,246 Estimated Fund Balance June 30, 2024 162,237 162,237 162,237 133,438 133,438 239,353 239,353 239,353 216,797 216,797 (22,556) 91% 216,797 2,500 2,500 2,500 24,561 24,561 22,061 982% 24,561
241,853 241,853 - 241,853 241,358 - 241,358 (495) 100% 241,358 482,009 482,009 482,009 462,287 462,287 19,722 96% 462,287 482,009 482,009 - 482,009 462,287 - 462,287 19,722 96% 462,287 (240,156) (240,156) (240,156) (220,928) (220,928) 19,228 92% (220,928) Fund Balance July 1, 2023 580,890 580,890 580,890 580,890 580,890 Estimated Fund Balance June 30, 2024 340,734 340,734 340,734 359,962 359,962 45,000 45,000 45,000 20,434 20,434 (24,566) 45% 20,434
1,500 1,500 1,500 15,575 15,575 14,075 1038% 15,575
- - - 112 112 112 100% 112
46,500 46,500 - 46,500 36,121 - 36,121 (10,379) 78% 36,121 21,595 21,595 21,595 13,457 13,457 8,138 62% 13,457
35,000 35,000 35,000 5,685 5,685 29,315 16% 5,685
56,595 56,595 - 56,595 19,142 - 19,142 37,453 34% 19,142 (10,095) (10,095) (10,095) 16,980 16,980 27,075 -168% 16,980 Fund Balance July 1, 2023 272,061 272,061 272,061 272,061 272,061 Estimated Fund Balance June 30, 2024 261,966 261,966 261,966 289,040 289,040 165,000 165,000 165,000 186,159 186,159 21,159 113% 186,159 1,600 1,600 1,600 23,680 23,680 22,080 1480% 23,680
166,600 166,600 - 166,600 209,838 - 209,838 43,238 126% 209,838 339,864 339,864 339,864 326,357 326,357 13,507 96% 326,357 339,864 339,864 - 339,864 326,357 - 326,357 13,507 96% 326,357 (173,264) (173,264) (173,264) (116,518) - (116,518) 56,746 67% (116,518) Fund Balance July 1, 2023 420,077 420,077 420,077 420,077 420,077 Estimated Fund Balance June 30, 2024 246,813 246,813 246,813 303,559 303,559 Fund: 200 - Gas Tax Fund
321- Intergovernmental Taxes
370- Interest and Investment Income
383- Reimbursements
Revenue Total:

Expenditures
Division: 342- Road Maintenance Total:

Expenditures Total:

Gas Tax Fund Net Results:

Fund: 201 - Restricted Real Estate Maintenance Fund
342- Other Fees
381- Rental Income
Revenue Total:

Expenditures
Division: 343- Facility Maintenance Total:

Expenditures Total:

Restricted Real Estate Maint Fund Net Results:

Fund: 203 - Public Safety Augmentation Fund
321- Intergovernmental Taxes
370- Interest and Investment Income
Revenue Total:

Expenditures
Division: 221- Police Operations Total:

Expenditures Total:

Public Safety Augmentation Fund Net Results:

Fund: 205 - Traffic Safety Fund
351- Fines and Forfeitures
370- Interest and Investment Income
384- Other Revenue
Revenue Total:

Expenditures
Division: 227- Police Grants Total:

Division: 342- Road Maintenance Total:

Expenditures Total:

Traffic Safety Fund Net Results:

Fund: 206 - Supplemental Law Enforcement Svc Fund
323- State Grants
370- Interest and Investment Income
Revenue Total:

Expenditures
Division: 227- Police Grants Total:

Expenditures Total:

Sup Law Enforce Svc Fund Net Results:

Estimated
Year-End
City of Pinole, CA For FY2023/24 Period Ending: 6/30/24 Variance
Favorable
(Unfavorable)
Original
Budget Revised Budget
Proposed
Adjustments Amended Budget YTD Actual Encumbrances Total Percent
Used
253,272 253,272 253,272 237,448 237,448 (15,824) 94% 237,448 - - - 2,600 2,600 2,600 0% 2,600
150 150 150 107 107 (43) 71% 107
253,422 253,422 - 253,422 240,155 - 240,155 (13,267) 95% 240,155 13,693 13,693 13,693 13,681 13,681 13 100% 13,681
361,076 361,076 361,076 350,102 350,102 10,974 97% 350,102 374,769 374,769 - 374,769 363,782 - 363,782 10,987 97% 363,782 (121,347) (121,347) (121,347) (123,627) (123,627) (2,280) 102% (123,627) Fund Balance July 1, 2023 0 0 0 0 0
Estimated Fund Balance June 30, 2024 (121,347) (121,347) (121,347) (123,627) (123,627) 82,781 111,624 111,624 58,338 58,338 (53,285) 52% 58,338 169,290 186,200 186,200 183,835 183,835 (2,365) 99% 183,835 141,596 112,012 112,012 109,163 109,163 (2,849) 97% 109,163 13,500 8,100 8,100 29,384 29,384 21,284 363% 29,384
- - - 3,500 3,500 3,500 0% 3,500
- - - 5,399 5,399 5,399 0% 5,399
82,500 80,600 80,600 128,329 128,329 47,729 159% 128,329 - - - - - - 0% -
- - - - - - 0% -
489,667 498,536 - 498,536 517,948 - 517,948 19,412 104% 517,948 799,131 799,131 593,187 1,392,318 799,131 799,131 (593,187) 57% 1,392,318 1,288,797 1,297,666 593,187 1,890,853 1,317,079 - 1,317,079 (573,775) 70% 1,910,266 - - - 7,338 7,338 (7,338) 0% 7,338
825,617 901,260 901,260 695,477 695,477 205,783 77% 695,477 626,187 653,493 653,493 541,257 541,257 112,235 83% 541,257 193,758 195,104 195,104 201,018 201,018 (5,914) 103% 201,018 335,802 323,016 323,016 213,611 213,611 109,405 66% 213,611 - - - 90 90 (90) 0% 90
153,900 194,994 194,994 226,884 226,884 (31,890) 116% 226,884 - - - 3,554 3,554 (3,554) 0% 3,554
2,135,264 2,267,867 - 2,267,867 1,889,230 - 1,889,230 378,637 83% 1,889,230 (846,467) (970,201) 593,187 (377,014) (572,151) - (572,151) (195,137) 152% 21,036 Fund Balance July 1, 2023 (21,036) (21,036) (21,036) (21,036) (21,036) Estimated Fund Balance June 30, 2024 (867,503) (991,237) (398,050) (593,187) (0) 40,000 109,795 109,795 225,000 225,000 115,205 205% 225,000 477,883 477,883 477,883 625,075 625,075 147,191 131% 625,075 404,669 404,669 404,669 484,854 484,854 80,184 120% 484,854 425,288 425,288 425,288 252,810 252,810 (172,478) 59% 252,810 - - - - - - 0% -
30,636 30,636 30,636 816 816 (29,820) 3% 816
20,000 20,000 20,000 32,809 32,809 12,809 164% 32,809
7,000 7,000 7,000 (2,735) (2,735) (9,735) -39% (2,735)
- - - - - - 0% -
6,000 6,000 6,000 15 15 (5,985) 0% 15
1,411,477 1,481,272 - 1,481,272 1,618,643 - 1,618,643 137,371 109% 1,618,643 - 67,000 67,000 67,000 67,000 - 0% 67,000
1,411,477 1,548,272 - 1,548,272 1,685,643 - 1,685,643 137,371 109% 1,685,643 926,760 919,026 919,026 950,911 50,000 1,000,911 (81,885) 109% 950,911 1,224,667 1,372,181 1,372,181 1,288,224 50,000 1,338,224 33,958 98% 1,288,224 2,151,428 2,291,208 - 2,291,208 2,239,135 100,000 2,339,135 (47,927) 102% 2,239,135 (739,951) (742,936) - (742,936) (553,492) (100,000) (653,492) 89,444 88% (553,492) Fund Balance July 1, 2023 (1,526,213) (1,526,213) (1,526,213) (1,526,213) (1,526,213) Estimated Fund Balance June 30, 2024 (2,266,165) (2,269,150) (2,269,150) (2,079,706) (2,079,706) Fund: 207 - NPDES Storm Water Fund
321- Intergovernmental Taxes
332- Licenses and Permits
370- Interest and Investment Income
Revenue Total:

Expenditures
Division: 342- Road Maintenance Total:

Division: 344- NPDES Storm Drain Total:

Expenditures Total:

NPDES Storm Water Fund Net Results:

Fund: 209 - Recreation Fund
Division: 551- Recreation Administration
Division: 552- Senior Center
Division: 553- Tiny Tots
Division: 554- Youth Center
Division: 555- Day Camp
Division: 557- Swim Center
Division: 558- Memorial Hall
Division: 559- Tennis
Revenue Total:

Operating Transfers in:

Sources Total
Expenditures
Division: 117- General Government Total:

Division: 551- Recreation Administration Total:

Division: 552- Senior Center Total:

Division: 553- Tiny Tots Total:

Division: 554- Youth Center Total:

Division: 555- Day Camp Total:

Division: 557- Swim Center Total:

Division: 558- Memorial Hall Total:

Expenditures Total:

Recreation Fund Net Results:

Fund: 212 - Building & Planning
323- State Grants
332- Permits
341- Review Fees
342- Other Fees
343- Abatement Fees
344- Impact Fees
351- Fines and Forfeiture
370- Interest and Investment Income
383- Reimbursements
384- Other Revenue
Revenue Total:

Operating Transfers In:

Sources Total
Expenditures
Division: 461- Planning Total:

Division: 462- Building Inspection Total:

Expenditures Total:

Building & Planning Net Results:

Division: 556- Performing Arts

Estimated
Year-End
City of Pinole, CA For FY2023/24 Period Ending: 6/30/24 Variance
Favorable
(Unfavorable)
Original
Budget Revised Budget
Proposed
Adjustments Amended Budget YTD Actual Encumbrances Total Percent
Used
60,060 60,060 60,060 62,080 62,080 2,020 103% 62,080
6,000 6,000 6,000 2,986 2,986 (3,014) 50% 2,986
66,060 66,060 - 66,060 65,066 - 65,066 (994) 98% 65,066 174,358 174,358 174,358 131,547 131,547 42,811 75% 131,547 174,358 174,358 - 174,358 131,547 - 131,547 42,811 75% 131,547 (108,298) (108,298) (108,298) (66,481) (66,481) 41,817 61% (66,481) Fund Balance July 1, 2023 97,901 97,901 97,901 97,901 97,901 Estimated Fund Balance June 30, 2024 (10,397) (10,397) (10,397) 31,420 31,420 - - - 75,000 75,000 75,000 0% 75,000
8,000 8,000 8,000 140,233 140,233 132,233 1753% 140,233 360,000 360,000 360,000 460,096 460,096 100,096 128% 460,096 368,000 368,000 - 368,000 675,329 - 675,329 307,329 184% 675,329 164,381 164,381 - 164,381 108,328 108,328 56,053 66% 108,328 425,000 425,000 425,000 - - 425,000 0% -
589,381 589,381 - 589,381 108,328 - 108,328 481,053 18% 108,328 (221,381) (221,381) (221,381) 567,001 - 567,001 788,382 -256% 567,001 Fund Balance July 1, 2023 2,348,814 2,348,814 2,348,814 2,348,814 2,348,814 Estimated Fund Balance June 30, 2024 2,127,433 2,127,433 2,127,433 2,915,815 2,915,815 - - - 166,373 166,373 166,373 0% 166,373
722,619 722,619 722,619 - - (722,619) 0% -
421,638 421,638 421,638 473,827 473,827 52,189 112% 473,827 8,000 8,000 8,000 94,071 94,071 86,071 1176% 94,071
1,152,257 1,152,257 - 1,152,257 734,271 - 734,271 (417,986) 64% 734,271 - - - - - - 0% -
195,466 195,466 195,466 118,289 118,289 77,177 61% 118,289 826,253 826,253 826,253 373,436 38,259 411,694 414,559 50% 373,436 2,000 2,000 2,000 - - 2,000 0% -
1,023,719 1,023,719 - 1,023,719 491,725 38,259 529,984 493,735 52% 491,725 128,538 128,538 - 128,538 242,546 (38,259) 204,287 75,749 159% 242,546 Fund Balance July 1, 2023 2,142,371 2,142,371 2,142,371 2,142,371 2,142,371 Estimated Fund Balance June 30, 2024 2,270,909 2,270,909 2,270,909 2,384,917 2,384,917 - - - 11,685 11,685 11,685 0% 11,685
15,000 15,000 15,000 - - (15,000) 0% -
15,000 15,000 - 15,000 11,685 - 11,685 (3,315) 0% 11,685 - - - - - - 0% -
15,000 15,000 15,000 11,685 11,685 (3,315) 78% 11,685
Fund Balance July 1, 2023 204,361 204,361 204,361 204,361 204,361 Estimated Fund Balance June 30, 2024 219,361 219,361 219,361 216,046 216,046 - - - 226 226 226 0% 226
- - - 1,626 1,626 1,626 0% 1,626
- - - - 1,852 - 1,852 1,852 0% 1,852
41,236 41,236 41,236 19,114 19,114 22,122 46% 19,114
41,236 41,236 - 41,236 19,114 - 19,114 22,122 46% 19,114 (41,236) (41,236) (41,236) (17,262) (17,262) 23,974 42% (17,262) Fund Balance July 1, 2023 36,097 36,097 36,097 36,097 36,097 Estimated Fund Balance June 30, 2024 (5,139) (5,139) (5,139) 18,835 18,835 Fund: 213 - Refuse Management Fund
323- State Grants
370- Interest and Investment Income
Revenue Total:

Expenditures
Division: 346- Waste Reduction Total:

Expenditures Total:

Refuse Management Fund Net Results:

Fund: 214 - Solid Waste Fund
323- State Grants
370- Interest and Investment Income
383- Reimbursements
Revenue Total:

Expenditures
Division: 342- Road Maintenance Total:

Division: 345- Park Maintenance Total:

Expenditures Total:

Solid Waste Fund Net Results:

Fund: 215 - Measure C and J Fund
322- Fed Grant/Misc
323- State Grant/Misc
324- Other Grants
370- Interest and Investment Income
Revenue Total:

Expenditures
Division: 117- General Government Total:

Division: 341- Administration/Engineering Total:

Division: 342- Road Maintenance Total:

Division: 343- Facility Maintenance Total:

Expenditures Total:

Measure C and J Fund Net Results:

Fund: 216 - Rate Stabilization Fund
370- Interest and Investment Income
383- Reimbursements
Revenue Total:

Expenditures Total:

Rate Stabilization Fund Net Results:

Fund: 225 - Asset Seizure-Adjudicated Fund
351- Fines and Forfeiture
370- Interest and Investment Income
Revenue Total:

Expenditures
Division: 221- Police Operations Total:

Expenditures Total:

Asset Seizure-Adjudicated Fund Net Results:

Estimated
Year-End
City of Pinole, CA For FY2023/24 Period Ending: 6/30/24 Variance
Favorable
(Unfavorable)
Original
Budget Revised Budget
Proposed
Adjustments Amended Budget YTD Actual Encumbrances Total Percent
Used
- - - 7,535 7,535 7,535 0% 7,535
- - - - 7,535 - 7,535 7,535 0% 7,535
- - 1,040 1,040 (1,040) 0% -
- - 6,495 6,495 6,495 0% 7,535
Fund Balance July 1, 2023 42,945 42,945 42,945 42,945 42,945 Estimated Fund Balance June 30, 2024 42,945 42,945 42,945 49,439 50,479 - - - (290) (290) (290) 0% (290)
- - - - - - 0% -
- - - - (290) - (290) (290) 0% (290)
- - - - - - 0% -
- - - - (290) - (290) (290) 0% (290)
Fund Balance July 1, 2023 406 406 406 406 406
Estimated Fund Balance June 30, 2024 406 406 406 116 116 1,039,594 1,039,594 1,039,594 27,201 27,201 (1,012,393) 3% 27,201 - - - 194,306 194,306 194,306 0% 194,306
1,039,594 1,039,594 - 1,039,594 221,508 - 221,508 (818,087) 21% 221,508 425,000 425,000 425,000 - - 425,000 0% -
58,000 58,000 58,000 57,982 57,982 18 100% 57,982
265,000 265,000 265,000 - - 265,000 0% -
600,000 600,000 600,000 - - 600,000 0% -
1,348,000 1,348,000 - 1,348,000 57,982 - 57,982 1,290,018 4% 57,982 (308,406) (308,406) (308,406) 163,526 - 163,526 471,931 -53% 163,526 Fund Balance July 1, 2023 3,340,034 3,340,034 3,340,034 3,340,034 3,340,034 Estimated Fund Balance June 30, 2024 3,031,629 3,031,629 3,031,629 3,503,560 3,503,560 - - - 3,787 3,787 3,787 0% 3,787
- - - - - - 0% -
- - - 3,787 3,787 3,787 0% 3,787
Fund Balance July 1, 2021 (436) (436) (436) (436)
Estimated Fund Balance June 30, 2022 (436) (436) (436) 3,351 50,000 50,000 50,000 188,166 188,166 138,166 376% 188,166 - - - - - - 0 -
- - - 1,324 1,324 1,324 0% 1,324
- - - - - - 0% -
5,000 5,000 5,000 11,912 11,912 6,912 238% 11,912
55,000 55,000 - 55,000 201,402 - 201,402 146,402 366% 201,402 60,373 60,373 60,373 56,689 56,689 3,684 94% 56,689
278,881 278,881 278,881 80,662 80,662 198,219 29% 80,662 339,254 339,254 - 339,254 137,350 - 137,350 201,904 40% 137,350 (284,254) (284,254) (284,254) 64,052 64,052 348,306 -23% 64,052 Fund Balance July 1, 2023 8,203,718 8,203,718 8,203,718 8,203,718 8,203,718 Estimated Fund Balance June 30, 2024 7,919,464 7,919,464 7,919,464 8,267,770 8,267,770 Fund: 226 - CASp Certification and Training Fund
342- Other Fees
Revenue Total:

Expenditures Total:

CASp Certification and Training Fund Net Results:

Fund: 275 - Parkland Dedication Fund
370- Interest and Investment Income
399- Operating transfers in
Revenue Total:

Expenditures Total:

Parkland Dedication Fund Net Results:

Fund: 276 - Growth Impact Fund
344- Impact Fees
370- Interest and Investment Income
Revenue Total:

Expenditures
Division: 343- Facility Maintenance Total:

Division: 344- NPDES Storm Drain Total:

Division: 345- Park Maintenance Total:

Division: 642- Sewer Collections Total:

Expenditures Total:

Growth Impact Fund Net Results:

Fund: 277 - Development Services
Revenue Total:

Expenditures Total:

Development Services Net Results:

Fund: 285 - Housing Land Held for Resale
370- Interest and Investment Income
383- Reimbursements
384- Other Revenue
392- Sale of Property
393- Loan/Bond Proceeds
Revenue Total:

Expenditures
Division: 461- Planning Total:

Division: 464- Housing Administration Total:

Expenditures Total:

Housing Land Held for Resale Net Results:

Estimated
Year-End
City of Pinole, CA For FY2023/24 Period Ending: 6/30/24 Variance
Favorable
(Unfavorable)
Original
Budget Revised Budget
Proposed
Adjustments Amended Budget YTD Actual Encumbrances Total Percent
Used
56,411 56,411 56,411 57,680 57,680 1,269 102% 57,680
7,500 7,500 7,500 - - (7,500) 0% -
63,911 63,911 - 63,911 57,680 - 57,680 (6,231) 90% 57,680 39,795 39,795 39,795 17,179 17,179 22,616 43% 17,179
45,380 45,380 45,380 12,906 12,906 32,474 28% 12,906
85,175 85,175 - 85,175 30,085 - 30,085 55,090 35% 30,085 (21,264) (21,264) (21,264) 27,595 27,595 48,859 -130% 27,595 Fund Balance July 1, 2023 48,682 48,682 48,682 48,682 48,682 Estimated Fund Balance June 30, 2024 27,418 27,418 27,418 76,278 76,278 15,000 15,000 15,000 - - (15,000) 0% -
15,000 15,000 - 15,000 - - - (15,000) 0% -
-
15,002 15,002 15,002 - - 15,002 0% -
15,002 15,002 - 15,002 - - - 15,002 0% -
(2) (2) (2) - - 2 0% -
Fund Balance July 1, 2023 (983) (983) (983) (983) (983) Estimated Fund Balance June 30, 2024 (985) (985) (985) (983) (983) 60,000 60,000 60,000 - - 60,000 0% -
10,000 10,000 10,000 - - 10,000 0% -
70,000 70,000 - 70,000 - - - 70,000 0% -
(70,000) (70,000) (70,000) - - 70,000 0% -
Fund Balance July 1, 2023 541,649 541,649 541,649 541,649 541,649 Estimated Fund Balance June 30, 2024 471,649 471,649 471,649 541,649 541,649 41,394 41,394 41,394 50,247 50,247 8,853 121% 50,247
- - - - - - 0% -
1,773,289 1,773,289 1,773,289 68,406 68,406 (1,704,883) 4% 68,406 - - - 152 152 152 0% 152
- - - - - - 0% -
1,814,683 1,814,683 - 1,814,683 118,805 - 118,805 (1,695,878) 7% 118,805 250,000 250,000 250,000 250,000 250,000 - 100% 250,000
2,064,683 2,064,683 - 2,064,683 368,805 368,805 (1,695,878) 18% 368,805 2,232,004 2,232,004 2,232,004 234,310 161,515 395,825 1,836,179 18% 234,310 2,232,004 2,232,004 - 2,232,004 234,310 161,515 395,825 1,836,179 18% 234,310 (167,321) (167,321) - (167,321) 134,495 (161,515) (27,020) 140,301 16% 134,495 Fund Balance July 1, 2023 1,916,783 1,916,783 1,916,783 1,916,783 1,916,783 Estimated Fund Balance June 30, 2024 1,749,462 1,749,462 1,749,462 2,051,278 2,051,278 189,758 189,758 189,758 170,588 170,588 (19,170) 90% 170,588 - - - 1,647 1,647 1,647 0% 1,647
189,758 189,758 - 189,758 172,235 - 172,235 (17,523) 91% 172,235 - - - 183 183 (183) 0% 183
- - - - 183 - 183 (183) 0% 183
189,758 189,758 189,758 172,052 172,052 (17,706) 91% 172,052 Fund Balance July 1, 2023 (168,429) (168,429) (168,429) (168,429) (168,429) Estimated Fund Balance June 30, 2024 21,329 21,329 21,329 3,623 3,623 Fund: 310 - Lighting & Landscape Districts
321- Intergovernmental Taxes
383- Reimbursements
Revenue Total:

Expenditures
Division: 347- Landscape & Lighting PVR North Total:

Division: 348- Landscape & Lighting PVR South Total:

Expenditures Total:

Lighting & Landscape Districts Net Results:

Fund: 317 - Pinole Valley Caretaker Fund
381- Rental Income
Revenue Total:

Expenditures
Division: 345- Park Maintenance Total:

Expenditures Total:

Pinole Valley Caretaker Fund Net Results:

Fund: 324 - Public Facilities Fund
Expenditures
Division: 343- Facility Maintenance Total:

Division: 345- Park Maintenance Total:

Expenditures Total:

Public Facilities Fund Net Results:

Fund: 325 - City Street Improvements
322- Federal Grants
323- State Grants
324- Other Grants
332- Permits
383- Reimbursements
Revenue Total:

Operating transfers in Total:

Sources Total:

Expenditures
Division: 342- Road Maintenance Total:

Expenditures Total:

City Street Improvements Net Results:

Fund: 327 - Park Grants (Measure WW)
323- State Grant
370- Interest and Investment Income
Revenue Total:

Expenditures
Division: 345- Park Maintenance Total:

Expenditures Total:

Park Grants (Measure WW) Net Results:

Estimated
Year-End
City of Pinole, CA For FY2023/24 Period Ending: 6/30/24 Variance
Favorable
(Unfavorable)
Original
Budget Revised Budget
Proposed
Adjustments Amended Budget YTD Actual Encumbrances Total Percent
Used
- - - - - - 0% -
- - - - - - - - 0% -
250,000 250,000 250,000 250,000 250,000 - 100% 250,000
250,000 250,000 - 250,000 250,000 - 250,000 - 100% 250,000 758,624 758,624 758,624 8,066 618 8,684 749,940 1% 8,066 758,624 758,624 - 758,624 8,066 618 8,684 749,940 1% 8,066 (508,624) (508,624) - (508,624) 241,934 (618) 241,316 749,940 -47% 241,934 Fund Balance July 1, 2023 761,137 761,137 761,137 761,137 761,137 Estimated Fund Balance June 30, 2024 252,513 252,513 252,513 1,003,071 1,003,071 - - - 32,447 32,447 32,447 0% 32,447
9,154,209 9,154,209 9,154,209 8,072,292 8,072,292 (1,081,917) 88% 8,072,292 100,000 100,000 100,000 995,766 995,766 895,766 996% 995,766 - - - 42,000 42,000 42,000 0% 42,000
- - - - - - 0% -
- - - 9,608 9,608 9,608 0% 9,608
9,254,209 9,254,209 - 9,254,209 9,152,112 - 9,152,112 (102,097) 99% 9,152,112 - - - 21,162 21,162 (21,162) 0% 21,162
9,791,938 9,791,938 9,791,938 4,775,969 4,775,969 5,015,970 49% 4,775,969 12,785,925 12,785,925 12,785,925 1,429,467 1,361,991 2,791,458 9,994,467 22% 1,429,467 1,607,476 1,607,476 1,607,476 569,544 569,544 1,037,932 35% 569,544 24,185,339 24,185,339 - 24,185,339 6,796,141 1,361,991 8,158,132 16,027,207 34% 6,796,141 (14,931,130) (14,931,130) - (14,931,130) 2,355,971 (1,361,991) 993,980 15,925,110 -7% 2,355,971 Fund Balance July 1, 2023 19,251,936 19,251,936 19,251,936 19,251,936 19,251,936 Estimated Fund Balance June 30, 2024 4,320,806 4,320,806 4,320,806 21,607,908 21,607,908 - - - - - - 0% -
- - - - - - 0% -
- - - - - - - - 0% -
-
- - - 465,312 465,312 (465,312) 0% 465,312
- - - - 465,312 - 465,312 (465,312) 0% 465,312
- - - (465,312) - (465,312) (465,312) 0% (465,312)
Fund Balance July 1, 2023 1,011,119 1,011,119 1,011,119 1,011,119 1,011,119 Estimated Fund Balance June 30, 2024 1,011,119 1,011,119 1,011,119 545,807 545,807 52,972 26,486 26,486 16,928 16,928 (9,559) 64% 16,928
316,956 316,956 316,956 181,001 181,001 (135,955) 57% 181,001 - - - - - - 0% -
5,000 5,000 5,000 390 390 (4,610) 8% 390
374,928 348,442 - 348,442 198,318 - 198,318 (150,124) 57% 198,318 160,124 160,124 176,152 336,276 160,124 160,124 (176,152) 48% 336,276 535,052 508,566 684,718 358,442 - 358,442 (326,276) 52% 534,594 473,459 473,459 473,459 368,527 368,527 104,933 78% 368,527 1,713 1,713 1,713 150 150 1,564 9% 150
206,884 206,884 206,884 177,499 177,499 29,385 86% 177,499 682,056 682,056 - 682,056 546,175 - 546,175 135,881 80% 546,175 (147,004) (173,490) 2,662 (187,733) - (187,733) (190,395) -7051% (11,581) Fund Balance July 1, 2023 11,581 11,581 11,581 11,581 11,581 Estimated Fund Balance June 30, 2024 (135,423) (161,909) 14,243 (176,152) 0 Fund: 377 - Arterial Streets Rehabilitation Fund
322- Federal Grants
Revenue Total:

Operating transfers in Total:

Sources Total:

Expenditures
Division: 342- Road Maintenance Total:

Expenditures Total:

Arterial Streets Rehabilitation Fund Net Results:

Fund: 500 - Sewer Enterprise Fund
363- Sewer Enterprise Charges
370- Interest and Investment Income
383- Reimbursements
384- Other Revenue
392- Proceeds from Sale of Property
Revenue Total:

Expenditures
Division: 117- General Government Total:

Division: 641- Sewer Treatment Plant/Shared Total:

Division: 642- Sewer Collections Total:

Division: 644- WPCP Equipment/Debt Service Total:

Expenditures Total:

Sewer Enterprise Fund Net Results:

Fund: 503 - Plant Expansion Fund
370- Interest and Investment Income
383- Reimbursements
Revenue Total:

Expenditures
Division: 643- Sewer Projects/Shared Total:

Expenditures Total:

Plant Expansion Fund Net Results:

Fund: 505 - Cable Access TV
314- Franchise Taxes
365- Cable TV Charges
370- Interest and Investment Income
384- Other Revenue
Revenue Total:

Operating transfers in Total:

Sources Total
Expenditures
Division: 119- Cable Access TV Total:

Division: 120- Cable Access-Community Services Total:

Division: 121- Cable Access-Contract Services Total:

Expenditures Total:

Cable Access TV Net Results:
322- Federal Grants

Estimated
Year-End
City of Pinole, CA For FY2023/24 Period Ending: 6/30/24 Variance
Favorable
(Unfavorable)
Original
Budget Revised Budget
Proposed
Adjustments Amended Budget YTD Actual Encumbrances Total Percent
Used
- - - - - - - 0% -
- - - - - - - - 0% -
1,552,663 1,687,934 1,687,934 1,625,690 222,308 1,847,998 (160,065) 109% 1,637,934 1,552,663 1,687,934 - 1,687,934 1,625,690 222,308 1,847,998 160,065 109% 1,637,934 (1,552,663) (1,687,934) (1,687,934) (1,366,786) (1,366,786) 321,147 81% (1,637,934) 0 0 - 0 258,904 222,308 481,212 481,212 0% 0
Fund Balance July 1, 2023 4,104 4,104 4,104 4,104 4,104 Estimated Fund Balance June 30, 2024 4,104 4,104 4,104 263,008 4,104 837,168 837,168 837,168 1,264,903 1,264,903 427,735 151% 1,264,903 837,168 837,168 - 837,168 1,264,903 - 1,264,903 427,735 151% 1,264,903 50,000 50,000 50,000 75,241 75,241 (25,241) 150% 75,241 2,245,480 2,245,480 2,245,480 2,231,793 2,231,793 13,687 99% 2,231,793 2,295,480 2,295,480 - 2,295,480 2,307,034 2,307,034 11,554 101% 2,307,034 (1,458,312) (1,458,312) (1,458,312) (1,042,131) (1,042,131) 416,181 71% (1,042,131) Fund Balance July 1, 2023 14,627,313 14,627,313 14,627,313 14,627,313 14,627,313 Estimated Fund Balance June 30, 2024 13,169,001 13,169,001 13,169,001 13,585,182 13,585,182 250,000 250,000 250,000 145,458 145,458 (104,542) 58% 145,458 - - - 86,195 86,195 86,195 0% 86,195
- - - - - - 0% -
5,000 5,000 5,000 - - (5,000) 0% -
255,000 255,000 - 255,000 231,653 - 231,653 (23,347) 91% 231,653 251,177 251,177 251,177 205,481 205,481 45,696 82% 205,481 251,177 251,177 - 251,177 205,481 205,481 (45,696) 82% 205,481 3,823 3,823 3,823 26,172 26,172 (69,042) 685% 26,172
Fund Balance July 1, 2023 14,069,749 14,069,749 14,069,749 14,069,749 14,069,749 Estimated Fund Balance June 30, 2024 14,073,572 14,073,572 14,073,572 14,095,921 14,095,921 Fund: 525 - Information Systems
399- Operating Transfers In
Sources Total:

Expenditures
Division: 118- Information Systems Total:

Expenditures Total:

Indirect cost allocations Total:

Information Systems Net Results:

Fund: 700 - Pension Fund
370- Interest and Investment Income
Revenue Total:

Expenditures
Division: 115- Finance Total:

Transfers Out Total:

Expenditures Total:

Revenue Total:

Expenditures
Division: 463- Successor Agency to RDA Total:

Expenditures Total:

Recognized Obligation Retirement Fund Net Results:

Fund: 750 - Recognized Obligation Retirement Fund
311- Property Taxes
370- Interest and Investment Income
392- Proceeds from Sale of Property
393- Loan/Bond Proceeds
Pension Fund Net Results:

CITY COUNCIL
REPORT 9.E.

DATE: SEPTEMBER 17, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: FIONA EPPS, ASSISTANT TO THE CITY MANAGER

DAVE SNELL, COORDINATOR
SUBJECT: APPROVE AN AGREEMENT TO PURCHASE A MASTER CONTROL

MANAGEMENT SYSTEM REPLACEMENT WITH ADVANCED SYSTEMS

GROUP (ASG) AND ALLOCATE FUNDING IN THE AMOUNT NOT TO
EXCEED $4,420.03

RECOMMENDATION
Staff recommends that the City Council approve the following:

1. Adopt the attached resolution that:
a) Approves the purchase of a Telvue broadcast server and supportive hardware and software, with the initial first year amount of $52,420.03, and a not-to-exceed total amount of $76,174.35 for the procurement, and five (5) years of servicing of a video signal system and software; and
b) Appropriates funding in the amount not to exceed $4,420.03 from the General Fund.

BACKGROUND
Pinole Community Television (PCTV) requires a robust Public Education and Government (PEG) Access Master Control (MC) management and operations system. MC automation is used in PEG operations for local governments to deliver specialized content and a broad range of integrated video feeds, live video feeds, systems management, and online services which continuously enhance citizens’ experience when viewing PCTV broadcasts.

PCTV uses a MC management system to operate public access channels 26 and 28 by providing two discrete live signals to two cable providers and 24-hour live internet streams.

PCTV staff maintains the automation programing, ‘on demand’ streaming systems, scheduling, content archiving, bulletin boards with discrete audio feeds, building signal routing, audio balancing, and remote-control access. The current system, Leightronix, was first installed in 1998 and is primarily analog standard definition (SD) using on-premises hardware to transmit video signals to broadcast.

In recent years, PCTV has found their current MC management system (Leightronix) to be inflexible and lacking in the modern tools and features available in newer systems. Leightronix is no longer supported and does not meet the current Federal Communications Commission (FCC) Closed Captioning requirements. With Leightronix, PCTV has to utilize additional thirdparty applications to operate the system, including a local software program to post program

schedules, and a separate solution for providing internet broadcasts and an equivalent to ‘on demand’ streaming.

Modern MC operations on the market today offer all-in-one systems that feed live broadcasts to popular internet sources along with the ability to ingest content through an internet or IP system.

The Pinole City Council approved the Master Control automation with closed captioning system replacement project as part of the FY 2024/25 PCTV Budget.

REVIEW AND ANALYSIS
In accordance with the City’s Procurement Policy, staff posted a Request For Proposal (RFP) on July 26, 2024 and received three proposals. As part of the evaluation process, City staff reviewed three 1-hour virtual demonstrations and six in-person demos for potential vendors.

The City pre-screened four (4) potential vendors and narrowed it down to two (2) vendors who met the City’s requirements and budget.

The modern features of a replace MC management system required by PCTV include the ability to ingest live broadcast feeds from several sources and route to live SDI/HD feeds and internet sources, while managing the audio levels for a system standard of broadcast. On-air playback systems such as Closed Captioning with language translation options and full programming, learning, and automation support is also required. Additional required modern features included:
• Stand-alone in house and cloud-based options with hosting MC automation; • Software driven control and access across local and remote locations for live station control and programming;
• Flexible, role-based user permissions allowing for the assignment of unique permission actions across groups of users or individual users;
• Integration with existing hardware consisting of SDI/SD/HD inputs and outputs, software and additional applications for transmission;
• Web streaming systems and storage with two twenty-four-hour live station streams, video on demand streams, and uploading or pushing of content to other providers such as YouTube, Facebook, etc.;
• Ability to encode, and take live to air/broadcast, live social media feeds: Facebook, Instagram, and Twitter;
• Bulletin board systems to include modern tools for improved screen display; • Creation of ROKU, Apple TV, and Amazon Fire TV OTT Apps with support for working into the existing City of Pinole App;
• Site analytics with statistics and reporting platform; • Unique and attractive On Demand homepage creation; and • 100% https & SSL certified and encrypted.

The new MC management and operations system was selected for its simple user interface, remote access, minimal processing time, and for providing all the state-of-the-art features required by the City. In addition, ASG’s Telvue package offers an excellent customer service

model, maintenance and included upgrades schedule within the contract term.

In order to improve and modernize PCTV’s MC management system and to improve public access through Closed Captioning features, staff recommends the replacement of the current MC management and automation system with ASG Telvue package. By signing this agreement (Attachment A), the City can lock in competitive pricing for Telvue Care for the five (5) year agreement term. The total project costs, as recommended by staff, are summarized in the table below:

Vendor Product Total
Agreement
Cost/Term
Set-up Cost to
Implement (onetime)
Annual
Subscription
Fees
ASG/Telvue MC
management
System
$76,174.35/ 60-
months (5 years)
extended care
$52,420.03 $5,938.58
Total Implementation Cost (Year one) $52,420.03
Total Annual Cost (Subsequent years during contract term) $5,938.58.

FISCAL IMPACT
The total cost for the MC management and operations system replacement is $76,174.35 for a five-year service period, with the first-year cost of $52,420.03. The City Council approved $48,000 for the replacement of the City’s MC management system as part of the FY 2024/25 budget.

A resolution approving the ASG/Telvue agreement would result in an additional $4,420.03 be added to the FY 24/25 budget.

ATTACHMENTS
A. Resolution
B. Pinole TV Quote

RESOLUTION NO. 2024-XX

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

CONTRA COSTA, STATE OF CALIFORNIA, APPROVING AN AGREEMENT TO

PURCHASE A MASTER CONTROL MANAGEMENT REPLACEMENT PROJECT

SYSTEM REPLACEMENT WITH ADVANCED SYSTEMS GROUP, LLC IN THE AMOUNT NOT TO EXCEED $52,420.03 AND APPROPRIATE FUNDING IN THE AMOUNT NOT TO EXCEED $4,420.03
WHEREAS, the City of Pinole requires a robust Public Education and Government (PEG) Access Master Control (MC) management and operations system to deliver high quality programming, closed captioning, and a broad range of integrated video feeds to the public; and
WHEREAS, in recent years, the City has found the current Leightronix system to be inflexible and lacking in the modern tools and features available in newer MC systems and Leightronix is no longer supported; and
WHEREAS, The City Council approved a $48,000 budget for the MC Automation replacement and Closed Captioning system project as part of the FY 2024/25 budget; and
WHEREAS, City staff has evaluated multiple Master Control System providers and has determined that Advanced Systems Group (ASG), LLC and Telvue meets the City’s needs for MC system equipment and maintenance and recommends the approval of a purchase agreement (Attachment A); and
WHEREAS, the total year one (1) purchase price exceeds the budgeted amount of $48,000, therefore additional budget of $4,420.03 needs to be allocated in order to procure the upgraded MC system equipment;
WHEREAS, by signing the agreement with ASG (Attachment A), the City will lock in competitive annual pricing for Telvue Care service of the video signal system for the entire agreement term;
WHEREAS, the total amount to be spent on MC system equipment and related service, software licensing and maintenance over a five (5) year period is $76,174.35; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pinole does hereby authorize the City Manager to sign an agreement with ASG attached as Attachment A to purchase a Telvue broadcast server and supportive hardware and software, with the initial first year amount of $52,420.03, and a not-to-exceed total amount of $76,174.35 for the procurement, and five (5) years of servicing of a video signal system and software.

BE IT FURTHER RESOLVED that the City Council of the City of Pinole does hereby authorize the budget appropriation of $4,420.03 to upgrade the MC management and operations system.

Pinole City Council
Resolution No. 2022-__
Page ___
PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 17th day of September 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 this 17th day of September 2024.
______________________________________
Heather Bell, CMC
City Clerk

Advanced Systems Group, LLC
1226 Powell Street
Emeryville, CA 94608-2618
(510)654-8300
QUOTE
23586

BILL TO SHIP TO
COMPANY: Pinole Community Television
(PCTV) COMPANY: Pinole Community Television (PCTV) DATE: 8/12/2024 ADDRESS: 2131 Pear St. ADDRESS: 2131 Pear St. SALES REP: John Shike Pinole, CA 94564 Pinole, CA 94564 PREPARED BY: Branden Kavanagh PHONE: (650)703-4906
CONTACT: Dave Snell CONTACT: Dave Snell EMAIL: [email protected] PHONE: (510)741-3862 PHONE: (510)741-3862 PAY TERMS: PREPAID EMAIL: [email protected] EMAIL: [email protected] EXP DATE: 9/11/2024

SCOPE OF WORK
TITLE
Pinole TV_TelVue_ASG23586_rev2
LINE # MFG PART NO PART DESCRIPTION QTY PRICE EXT. PRICE Hardware
1 TelVue HyperCaster AIO
B2000-8+ All-in-One Digital Broadcast Video Server. 1.00 $19,695.00 $19,695.00 8 HD-SDI ports, 3 playback or encode I/Os standard, expandable to 5, MAX 3 Playback.

SDI & IP Switching, Graphics, Scheduling & Automation.
2RU, Redundant Power, 11TB RAID6.
2 BMD CUSTOM-3P
EQUIP
Blackmagic Design Videohub 40x40 12G Zero-Latency
Video Router 1.00 $3,495.00 $3,495.00
3 TelVue InfoVue
Standard
Standard InfoVue Digital Signage player, 1RU rack
mount, 120GB SSD storage, HDMI output up to
1080p.

2.00 $1,539.00 $3,078.00
InfoVue Service License required for access to cloud InfoVue CMS and Weather.

Multi-user, Multi-zone, SD/HD, data feed integration.
4 BMD
Black MagicMICRO-HDMITO-SDI
Black Magic HDMI to SDI Micro-converter./TPCL 2.00 $89.00 $178.00 Hardware Total: $26,446.00
Software
5 TelVue Loudness Pro Professional, real-time Loudness Control plugin for ProVue and AIO channels. 2.00 $995.00 $1,990.00
Pro Broadcast and Streaming presets including CALM.

Industry leading audio processing engine from Linear Acoustic. 6 TelVue SmartCaption
LIVE
Channel license for real-time live closed captioning for HyperCaster AIO, ProVue, B100-SDI/ANA models. 1.00 $1,539.00 $1,539.00 Includes 100 hours captioning.

Requires base Connect CMS account and captioning minutes. 7 TelVue STD-SW-CTRL Switcher Control Software, Supported Switcher 1.00 $394.50 $394.50 8 TelVue AIO-StreamingEnc Streaming output license for AIO channel. 2.00 $1,969.50 $3,939.00 Printed: 8/29/2024 Page 1 of 4

Advanced Systems Group, LLC
1226 Powell Street
Emeryville, CA 94608-2618
(510)654-8300
QUOTE
23586
LINE # MFG PART NO PART DESCRIPTION QTY PRICE EXT. PRICE Software
H.264 HD/SD, AAC audio.

RTMP, HLS with Adaptive Bit Rate.

Up to 5 simultaneous destinations, control manually or via Streaming Automation Rules.

Supports CloudCast, Social Media, CDNs and more.
9 TelVue HyperCaster IP
Capture
Capture HD/SD IP streams on schedule, manually
store as a file for playback, transfer to another
device.

1.00 $1,184.00 $1,184.00
MPEG-2 TS unicast/multicast/SSM, RTMP, HLS (single rate).

Max 2 Captures on B100 and 4 Captures on B1000
Software Total: $9,046.50
Cloud Services
10 TelVue Connect-CMS Includes Uploads, 100GB storage, 10 users 1.00 $947.00 $947.00 Access to MediaExchange to license and download content, APIs.

Billed Annually.
11 TelVue
ConnectCloudCast/Strea
ming Workflow
Adds 720p HD SBR VOD preset, 1 VOD Player. 1.00 $1,421.00 $1,421.00 Requires Basic Connect CMS.
250GB/mo transcoding processing, 250GB CDN/month, additional 250GB storage.

Includes Live Streaming.

Billed Annually
12 TelVue
ConnectSmartCaption100 Hrs
SmartCaption 100 hours 1.00 $1,500.00 $1,500.00
SmartCaption 500 hours of automatic captioning for Connect Broadcast/MX, CloudCast Streaming/OTT, and HyperCaster/ProVue Live & Offline workflows.

Export as WebVTT, edit with optional SmartCaption Editor 13 TelVue
ConnectSmartCaption
Editor
Closed Captioning Editor for TelVue Connect 1.00 $789.00 $789.00 Fast and easy editing of auto generated or uploaded captions.

Billed Annually.

Requires Basic Connect CMS
14 TelVue ROKU App ROKU Channel Setup - One time fee to build channel 1.00 $2,328.95 $2,328.95 Includes submission to ROKU Channel Guide.

There are no guarantees that ROKU will accept channel for Public Guide 15 TelVue Apple TV App Apple TV Channel Setup - One time fee to build channel. 1.00 $2,328.95 $2,328.95
Includes submission to Apple TV Channel Guide.

There are no guarantees that Apple TV will accept channel for Public Guide 16 TelVue Fire TV App Amazon Fire TV OTT App Development - One-time fee to build CloudCast Fire TV OTT App. 1.00 $2,328.95 $2,328.95 Includes submission to Amazon Appstore.

There are no guarantees that Amazon will accept the app into the Appstore 17 TelVue Connect-Start
Up
Hosted Video Contribution Service - One-time Account
Set-up 1.00 $789.47 $789.47
Cloud Services Total: $12,433.32
Printed: 8/29/2024 Page 2 of 4

Advanced Systems Group, LLC
1226 Powell Street
Emeryville, CA 94608-2618
(510)654-8300
QUOTE
23586
LINE # MFG PART NO PART DESCRIPTION QTY PRICE EXT. PRICE General Services
18 TelVue InfoVue-ServiceLicense
Hardware warranty, technical support, software
updates & access to cloud-based InfoVue signage
application

2.00 $390.79 $781.58
Ongoing InfoVue Service Licensing is required for access to the InfoVue services.

Billed Annually.

General Services Total: $781.58
Year 2 Costs_not included in total
19 TelVue Year 2 TelVue Care™ 1.00 $2,000.00 $2,000.00
Special price if purchased with initial system. Annual TelVue Care ($2000/year) warranty for all TelVue hardware and provides on-going access to on-line software upgrades and basicapplication feature enhancements, support, training. 20 TelVue Connect-CMS Includes Uploads, 100GB storage, 10 users 1.00 $947.00 $947.00 Access to MediaExchange to license and download content, APIs.

Billed Annually.
21 TelVue
ConnectCloudCast/Strea
ming Workflow
Adds 720p HD SBR VOD preset, 1 VOD Player. 1.00 $1,421.00 $1,421.00 Requires Basic Connect CMS.
250GB/mo transcoding processing, 250GB CDN/month, additional 250GB storage.

Includes Live Streaming.

Billed Annually
22 TelVue
ConnectSmartCaption
Editor
Closed Captioning Editor for TelVue Connect 1.00 $789.00 $789.00 Fast and easy editing of auto generated or uploaded captions.

Billed Annually.

Requires Basic Connect CMS
23 TelVue InfoVue-ServiceLicense
Hardware warranty, technical support, software
updates & access to cloud-based InfoVue signage
application

2.00 $390.79 $781.58
Ongoing InfoVue Service Licensing is required for access to the InfoVue services.

Billed Annually.

Year 2 Costs_not included in total Total: $5,938.58
Years 3-5 not included in total
24 TelVue Year 3 Costs 1.00 $5,938.58 $5,938.58
Special price if purchased with initial system. Includes TelVue Care, Connect CMS, ConnectnCloudCast/Streaming Workflow, Connect-SmartCaption Editor, InfoVue-ServiceLicense. Include with order and will be billed in year three. 25 TelVue Year 4 Costs 1.00 $5,938.58 $5,938.58
Special price if purchased with initial system. Includes TelVue Care, Connect CMS, ConnectnCloudCast/Streaming Workflow, Connect-SmartCaption Editor, InfoVue-ServiceLicense. Include with order and will be billed in year four. 26 TelVue Year 5 Costs 1.00 $5,938.58 $5,938.58
Special price if purchased with initial system. Includes TelVue Care, Connect CMS, ConnectnCloudCast/Streaming Workflow, Connect-SmartCaption Editor, InfoVue-ServiceLicense. Include with order and will be billed in year five.

Years 3-5 not included in total Total: $17,815.74
Printed: 8/29/2024 Page 3 of 4

Advanced Systems Group, LLC
1226 Powell Street
Emeryville, CA 94608-2618
(510)654-8300
QUOTE
23586
Subtotal: $48,707.40
Estimated shipping costs are shown in total. Year two line items and options are not included in the total shown. Freight: $600.00
Tax: $3,112.63
Total: $52,420.03
IF YOU WISH TO ACCEPT THIS PROPOSAL AND RELATED STATEMENT OF WORK, PLEASE SIGN AND RETURN.

BUYER:____________________
(Print Name)
SIGNATURE:________________

TITLE:____________________ DATE:_____________________

GENERAL TERMS AND CONDITIONS
Terms & Conditions:

Terms: Terms are subject to ASG credit approval. Prepayment terms, unless otherwise pre-arranged. All shipments are FOB vendor's factory. A finance charge of 1.5% per month will be charged on all past due invoices.

Domestic Orders: Freight is estimate only and may be billed separately.

NOTE: Unless otherwise noted, this proposal assumes you have proper rack space, power and cooling in place.

Printed: 8/29/2024 Page 4 of 4

CITY COUNCIL
REPORT 9.F.

DATE: SEPTEMBER 17, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: LILLY WHALEN, COMMUNITY DEVELOPMENT DIRECTOR

KAPIL AMIN, SUSTAINABILITY PROJECT MANAGER
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONSULTANT SERVICES AGREEMENT WITH RESPONSIBLE

PURCHASING NETWORK (RPN) FOR PROFESSIONAL SERVICES TO

SUPPORT IMPLEMENTATION OF THE CITY'S ENVIRONMENTALLY
PREFERABLE PURCHASING POLICY AND PROGRAM (E4P) ($3,000)

RECOMMENDATION
Staff recommends that City Council adopt the attached resolution that authorizes the City Manager to execute a consultant services agreement with Responsible Purchasing Network (RPN) for professional services to support implementation of the City's Environmentally Preferable Purchasing Policy and Program (E4P) in the amount of $3,000

BACKGROUND
The Council directed Staff to research an environmentally preferable policy which would prioritize the City's purchasing power towards greener products and services. On May 2, 2023, Council received a presentation on similar policies in other jurisdictions as well as best practices and provided direction to develop a policy. Staff then gathered research and resources from other jurisdictions and organizations to develop and inform an actionable policy and program. The draft policy and program was circulated to Staff and the Municipal Code Subcommittee for further refinement and feedback.

On March 19, 2024, the City Council adopted amendments to the Procurement Policy which included an enhanced Environmentally Preferable Purchasing Policy and Program (E4P) and directed staff to enter into a membership agreement with the Responsible Purchase Network at a cost of $3,000 for professional services for program support.

REVIEW AND ANALYSIS
Following the March adoption of Procurement Policy amendments, Staff reached out to the Responsible Purchasing Network, a leading organization specializing in green procurement for public agencies, to request a proposal. The Responsible Purchasing Network submitted a proposal to conduct an Environmentally Preferable Purchasing Training Webinar for city staff and to create an Environmentally Preferable Purchasing Guide with specifications for at least 75 product types across the following broad categories:
• Building, Construction, and Maintenance Products

• Cleaning Equipment and Supplies
• Community Service Supplies
• Electronics and Appliances
• Energy-Related Products
• Food Service Products and Equipment
• Landscaping and Outdoor Products
• Office Supplies
The Responsible Purchasing Network’s proposal was circulated to Department Heads for review and feedback prior to finalization. The funding for this work will be disbursed from unassigned funds in the General Fund.

FISCAL IMPACT
Adoption of the resolution will result in a one-time payment of $3,000 from unassigned funds in the General Fund.

ATTACHMENTS
A. Resolution (Includes Exhibit A: RPN Proposal)

RESOLUTION NO. 2024-XX

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

THE CITY MANAGER TO PURCHASE A MEMBERSHIP PACKAGE IN AN AMOUNT

NOT TO EXCEED THREE THOUSAND DOLLARS WITH RESPONSIBLE

PURCHASING NETWORK FOR PROFESSIONAL SERVICES TO SUPPORT IMPLEMENTATION OF THE CITY’S ENVIRONMENTALLY PREFERABLE PURCHASING POLICY AND PROGRAM (E4P)
WHEREAS, on March 19, 2024 the City Council adopted amendments to the Procurement Policy which included an enhanced Environmentally Preferable Purchasing Policy and Program (E4P) and directed staff to enter into a membership agreement with the Responsible Purchase Network at a cost of $3,000 for professional services for program support; and
WHEREAS, Staff contacted the Responsible Purchasing Network, a leading organization that specializes in green procurement support for public agencies and will help foster a successful program, to request a proposal; and WHEREAS, a proposal from the Responsible Purchasing Network (Exhibit A, incorporated herein) was submitted to conduct an Environmentally Preferable Purchasing Training Webinar for city staff and to create an Environmentally Preferable Purchasing Guide with specifications for at least 75 types of products in the following broad categories:
• Building, Construction, and Maintenance Products
• Cleaning Equipment and Supplies
• Community Service Supplies
• Electronics and Appliances
• Energy-Related Products
• Food Service Products and Equipment
• Landscaping and Outdoor Products
• Office Supplies; and
WHEREAS, the Responsible Purchasing Network’s proposal was circulated to Department Heads for review and feedback prior to finalization; and WHEREAS, the funding for this work will be disbursed from unassigned funds in the General Fund.

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. Authorizes the City Manager to purchase a Responsible Purchasing Network Membership package in an amount not to exceed $3,000 for E4P implementation support for services in Exhibit A; and

2. Appropriates a one-time payment of $3,000 to support these services from unassigned funds in the General Fund.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 17th day of September, 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 17th day of September, 2024
____________________________________
Heather Bell, CMC
City Clerk

Exhibit A:

Responsible Purchasing Network
615 Long Meadow Street
Summerville, SC 29486

PROPOSAL
To: Kapil Amin, Sustainability Fellow, City of Pinole, CA From: Alicia Culver, Executive Director Responsible Purchasing Network Re: Proposal for Environmentally Preferable Purchasing Technical Support Date: July 3, 2024
The Responsible Purchasing Network (RPN), which is a national organization that specializes in the area of environmentally preferable purchasing, would provide the following technical support to the City of Pinole to facilitate implementation of its new Sustainable Procurement Policy:

1. Creation of an Environmentally Preferable Purchasing Guide with specifications for at least 75 types of products in the following broad categories:
• Building, Construction, and Maintenance Products
• Cleaning Equipment and Supplies
• Community Service Supplies
• Electronics and Appliances
• Energy-Related Products
• Food Service Products and Equipment
• Landscaping and Outdoor Products
• Office Supplies
For each product type, the guide will recommend minimum environmental purchasing specifications, which are MANDATORY and/or RECOMMENDED. In some cases, additional desirable attributes and/or other guidance will be included.
• MANDATORY minimum specifications indicate that there is an applicable state law or regulation or local policy that requires City employees to purchase products with the minimum specifications.
• RECOMMENDED minimum specifications represent the best available recommendations for purchasing environmentally preferable products but will not be required. City employees will be strongly encouraged to purchase products meeting these criteria. • Additional DESIRABLE attributes will include other environmental features City employees can look for if they wish to purchase products that go above and beyond the minimum. • Other guidance will be included, including topics beyond purchasing such as usage or disposal tips, reporting requirements, etc.

2. Conduct an Environmentally Preferable Purchasing Training Webinar. RPN would curate and conduct a 1.5-hour webinar for City of Pinole employees (invited by the City’s Sustainability staff). The primary goals of this webinar will be to review the City’s new Environmentally Preferable Purchasing Policy and explain how City employees can use the City’s new

Environmentally Preferable Purchasing Guide. It will also draw from RPN’s Sustainable Procurement Playbook for Cities to address best practices for setting EPP priorities, implementing successful EPP procedures, and tracking EPP results.

This technical assistance would be provided through an RPN membership with 30 hours of implementation support at a cost of $3000. 15 hours is estimated for each of these two tasks.

To purchase an RPN membership package, you can either use a p-card through our fiscal sponsor: https://saveourplanet.org/projects/responsible-purchasing-network/ or send a check made out to Social and Environmental Entrepreneurs and write RPN in the subject line. The mailing address for our fiscal sponsor (where the membership check would be sent) is:

Social and Environmental Entrepreneurs
23564 Calabasas Road, Suite 201
Calabasas, CA 91302
For information about this project, contact Alicia Culver @ [email protected] or call (510) 367-3676.

CITY COUNCIL
REPORT 9.G.

DATE: SEPTEMBER 17, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: LILLY WHALEN, COMMUNITY DEVELOPMENT DIRECTOR

KAPIL AMIN, SUSTAINABILITY PROJECT MANAGER
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A

CONTRACT TO ENVIRONMENTAL INNOVATIONS (EI) FOR TECHNICAL

ASSISTANCE TO PINOLE BUSINESSES FOR SINGLE-USE PLASTICS

REDUCTION AND ORDINANCE COMPLIANCE AND ALLOCATE FUNDING IN THE AMOUNT OF $67,050.

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

1. Authorizes the City Manager to execute a professional services agreement with Environmental Innovations (EI) for technical assistance services to Pinole businesses for single-use plastics reduction and ordinance compliance in the total amount of $62,050 (Exhibit A, incorporated herein); and

2. Authorizes Staff expenditure of $5,000 in printing materials and signage associated with the technical assistance; and

3. Amends the FY 24/25 Budget to appropriate a one-time allocation of $67,050 in total to support these services from unassigned funds in the Measure S 2014 Fund.

BACKGROUND
The single-use plastics ordinance is expected to be formally adopted on September 17, 2024, will take effect on January 1, 2025, and will be enforced starting July 1, 2025. This ordinance will require all food businesses to switch from single-use plastic foodware to reusable or compostable options. Additionally, all food and retail businesses will need to replace plastic bags with paper bags.

Given the complexity of the regulation and the short timeframe for compliance, it is crucial to provide businesses with technical assistance to help them understand the new requirements, establish new supply chains, and use up existing non-compliant products before enforcement begins in July 2025. This support will be particularly valuable for small businesses, which are most concerned about the potential increase in costs.

Effective technical assistance includes education and support to inform residents and visitors about the new regulations. In June 2024, the City issued a Request for Proposals (RFP) seeking providers for these technical assistance services. The RFP tasks involve gathering

and finalizing lists of compliant, affordable foodware and bag options, and working with City staff to develop and roll out a technical assistance plan for food businesses. This includes educating businesses on new regulations, connecting them with local suppliers, and supporting them with inventory conversion and compliance. The contractor will also assist the City with waiver and extension requests from businesses, prepare educational materials, report progress, and develop case studies to document the project’s success. While the RFP covers the design of these materials and signage, additional funds will be needed for printing.

If the contract is awarded, technical assistance services will start immediately, with the rollout to businesses tentatively in November.

REVIEW AND ANALYSIS
The City received seven proposals in response to the solicitation ranging in costs detailed in Table 1 below.

Table 1: Proposals Received
Proposer Proposed Not-to-Exceed Cost
Plastic Reduction Project $21,622
Rethink Disposables $49,560
SCS Engineers $50,943
Environmental Innovations $75,020
APTIM $80,000
Cascadia $148,537
M-Group $186,630
A City selection review team evaluated and ranked the proposals based on several factors, including understanding of the scope of services, the quality and experience of the firm and staff, familiarity with relevant regulations, client references and satisfaction, the completeness and quality of the proposal, and the cost approach. Based on these criteria, Environmental Innovations received the highest score. However, the selection team also recognized the value in the Plastic Reduction Project’s proposal. The Plastic Reduction Project is a local, volunteerdriven non-profit that played a key role in the City’s successful business engagement efforts during the development of the Ordinance. Although their proposal covered a partial scope of work due to their small size, their previous involvement with Pinole businesses, local knowledge, and strong community relationships made them a valuable partner.

To leverage these strengths, City staff reached out to Environmental Innovations to explore a collaboration with the Plastic Reduction Project, aiming to reduce overall costs while adding the intangible benefits of local volunteer support and expertise. Environmental Innovations welcomed the idea, believing the partnership would enhance their work for the City. Following this, staff organized a meeting with both Environmental Innovations and the Plastic Reduction Project to define roles and responsibilities. During this discussion, staff reassessed the need for external grant application support and decided to remove this task from the original scope of work in the RFP. Environmental Innovations then revised their proposal (Attachment C), reducing costs from $75,020 to $62,050, with a portion of the tasks subcontracted to the Plastic Reduction Project.

FISCAL IMPACT
Adoption of this resolution will result in a one-time allocation of $62,050 from unassigned general fund balance for the technical assistance services and a one-time allocation of $5,000 from unassigned general fund for printing materials and signage.

ATTACHMENTS
A. Resolution (includes Exhibit A, Exhibit B, Exhibit C) B. Request for Proposals
C. Environmental Innovations 9-3-24 Proposal (Exhibit D of Attachment A)

Consulting Services Agreement between City of Pinole and Environmental Innovations
[DATE]

RESOLUTION NO. 2024-XX

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

MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH

ENVIRONMENTAL INNOVATIONS (EI) FOR TECHNICAL ASSISTANCE TO PINOLE

BUSINESSES FOR SINGLE-USE PLASTICS REDUCTION AND ORDINANCE COMPLIANCE IN THE AMOUNT OF $62,050 AND AMENDS THE FY 24/25 BUDGET TO APPROPRIATE A TOTAL OF $67,050 FROM THE GENERAL FUND UNASSIGNED FUND BALANCE TO

SUPPORT COMPREHENSIVE SINGLE-USE PLASTIC REDUCTION TECHNICAL

ASSISTANCE INCLUDING PRINTING OF MATERIALS
WHEREAS, on September 17, 2024, the City Council adopted an ordinance adding Chapter 8.38, "Single-use Plastic Foodware and Bag Reduction," to the Municipal Code, which regulates the use of single-use plastics at food and retail establishments and necessitates technical assistance to ensure businesses comply in a timely and accurate manner; and
WHEREAS, the Plastic Reduction Project, a local, volunteer-driven non-profit organization played a key role in the City’s successful business engagement efforts during the development of the Ordinance; and
WHEREAS, in June 2024 Staff issued a Request for Proposals to seek consultant support providing technical assistance services around single-use plastic reduction, including gathering and finalizing compliant foodware and bag options, collaborating with City staff to develop a technical assistance plan, educating businesses on regulations, supporting inventory conversion, assisting with waiver requests, and preparing reports and case studies to document the project's success; and
WHEREAS, the City received seven proposals responding to the RFP; and WHEREAS, a City selection review team evaluated and ranked the proposals based on factors such as understanding of the scope of services, firm and staff quality and experience, familiarity with regulations, client references, proposal completeness, and cost approach, with Environmental Innovations (EI) receiving the highest score; and WHEREAS, Staff interviewed EI to learn their interest with collaborating with local, volunteer-driven Plastic Reduction Project (PRP) to foster PRP’s growth and mission, reduce overall costs while adding the intangible benefits of local volunteer support and expertise; and
WHEREAS, EI revised their proposal to sub-contract with PRP for a not-to-exceed fixed fee cost of $62,050 to provide comprehensive technical assistance; and WHEREAS, additional funding in the amount of $5,000 will be required for the printing of materials and signage to enhance the impact of technical assistance at businesses; and

Consulting Services Agreement between City of Pinole and Environmental Innovations
[DATE]

WHEREAS, the funding in the amount of $67,050 for this work will be disbursed from unassigned funds in the General Fund.

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. Authorizes the City Manager to execute a professional services agreement with Environmental Innovations (EI) for technical assistance services to Pinole businesses for single-use plastics reduction and ordinance compliance in the total amount of $62,050 (Exhibit A, incorporated herein); and

2. Authorizes Staff expenditure of $5,000 in printing materials and signage associated with the technical assistance; and

3. Amends the FY 24/25 Budget to appropriate a one-time allocation of $67,050 in total to support these services from unassigned funds in the General Fund.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 17th day of September, 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 17th day of September, 2024
____________________________________
Heather Bell, CMC
City Clerk

Consulting Services Agreement between City of Pinole and Environmental Innovations
[DATE]

EXHIBIT A:

CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF PINOLE AND ENVIRONMENTAL INNOVATIONS, INC.

THIS AGREEMENT for consulting services is made by and between the City of Pinole (“City”) and Environmental Innovations (“Consultant”) (together sometimes referred to as the “Parties”) as of ______________, 20__ (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 December 31, 2025, 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 Sixty-Two Thousand Fifty Dollars ($62,050.00), for all work set forth in Exhibit A and all reimbursable expenses incurred in performing the work. 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

Consulting Services Agreement between City of Pinole and Environmental Innovations
[DATE]

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.

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.

Consulting Services Agreement between City of Pinole and Environmental Innovations
[DATE]

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.

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 non-owned 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:

Consulting Services Agreement between City of Pinole and Environmental Innovations
[DATE]

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. 5 Professional Liability Insurance.

5.1.1 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.

5.1.2 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 claimsmade 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.

Consulting Services Agreement between City of Pinole and Environmental Innovations
[DATE]

6 All Policies Requirements.

6.1.1 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.

6.1.2 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.

6.1.3 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).

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

6.1.5 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.

6.1.6 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.

6.1.7 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.

6.2 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 C ONSULTANT’S R ESPONSIBILITIES.

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

Consulting Services Agreement between City of Pinole and Environmental Innovations
[DATE]

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 (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.

Consulting Services Agreement between City of Pinole and Environmental Innovations
[DATE]

Section 7. LEGAL REQUIREMENTS.

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

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the 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, 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 AND MODIFICATION.

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

Consulting Services Agreement between City of Pinole and Environmental Innovations
[DATE]

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 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 Rec ords Created as Part of Consultant’s Performan ce. 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

Consulting Services Agreement between City of Pinole and Environmental Innovations
[DATE]

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.

9.2 Consultant’s Books and Rec ords. 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 MISCELLANEOUS PROVISIONS.

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.

Consulting Services Agreement between City of Pinole and Environmental Innovations
[DATE]

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 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:

Consulting Services Agreement between City of Pinole and Environmental Innovations
[DATE]

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 by the Community Development Director or his or her designee.

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

Josephine Fleming
President
307 Laguna St.,
Santa Cruz, CA 95060
Any written notice to City shall be sent to:

City Manager
City of Pinole
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.

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. ///
///
///
///
///
///
///
///
///

Consulting Services Agreement between City of Pinole and Environmental Innovations
[DATE]

The Parties have executed this Agreement as of the Effective Date.

CITY OF PINOLE CONSULTANT
Kelcey Young, City Manager [NAME, TITLE]
Consultant’s City of Pinole Business
License #:_
Attest:

Heather Bell, City Clerk Approved
as to Form:

Eric S. Casher, City Attorney

Consulting Services Agreement between City of Pinole and Environmental Innovations
[DATE]

EXHIBIT A SCOPE OF SERVICES
.

The Consultant’s scope of services will include the scope of work listed on pages 6-14 of the Consultant’s proposal of September 3, 2024 (Exhibit D) and any modifications or additions agreed to by the Parties

Consulting Services Agreement between City of Pinole and Environmental Innovations
[DATE]

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 15-16 of the Consultant’s proposal of September 3, 2024 (Exhibit D)

Consulting Services Agreement between City of Pinole and Environmental Innovations
[DATE]

EXHIBIT C

CITY-FURNISHED FACILITIES
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.

Consulting Services Agreement between City of Pinole and Environmental Innovations
[DATE]

EXHIBIT D
ENVIRONMENTAL INNOVATIONS SEPTEMBER 3, 2024 PROPOSAL

City

CITY OF PINOLE

COMMUNITY DEVELOPMENT DEPARTMENT
2131 PEAR STREET
PINOLE, CA 94965

REQUEST FOR PROPOSALS
Compostable/Reusable Foodware
and Non-plastic Bag Technical Assistance
for the City of Pinole
Issue Date: Tuesday, June 11, 2024
RFP Response Deadline: Monday, July 1, 2024
Anticipated Contract Award Date: July 16, 2024
Anticipated Start Date of Contract: August, 2024

COMPOSTABLE/REUSABLE FOODWARE AND BAG TECHNICAL ASSISTANCE PAGE 2

REQUEST FOR PROPOSALS

COMPOSTABLE/REUSABLE FOODWARE AND BAG TECHNICAL ASSISTANCE

INTRODUCTION
The purpose of this Request for Proposal (RFP) is to invite proposals from qualified firms to assist the City with providing Technical Assistance to businesses in Pinole around a new Compostable/Reusable Foodware and Bag Ordinance. The ultimate purpose of the Technical Assistance is to increase timely and accurate business compliance before the enforcement period begins.

CITY PROFILE
Pinole is a bayfront community of about 19,000 residents in Contra Costa County, incorporated on June 25, 1903. The City has a land area of more than five square miles and is bordered by Hercules to the North, San Pablo and Richmond to the South, and the unincorporated areas of Tara Hills and El Sobrante to the southeast and southwest of the City. The City is divided by Interstate 80 (I-80) in that approximately 60 percent of the 7,106 total housing units are located on the north of I-80 and 40 percent of the housing units are located on the south of I-80. Pinole is known for its 'big box' shopping opportunities and has over 50 major retailers and restaurants situated within Pinole shopping centers.

Pinole has a well-defined, historic downtown, and a range of residential neighborhoods transitioning from older single-family and mixed residential districts on a traditional street grid around the downtown, to more typically suburban neighborhoods arranged around cul-de-sacs and curvilinear residential streets. Higher density apartment townhome complexes, interspersed with commercial sites, are generally located along and near major arterials.

The City operates on the City Council-City Manager system of local government with five elected council members serving four-year terms with a rotating mayor. City Hall hours of operation are 8:00 am to 4:30 pm, Monday through Thursday. City Hall is closed to the public on Fridays.

BACKGROUND
The City of Pinole will be conducting a second reading of an ordinance on June 18, 2024 to regulate plastic foodware and bags at food and retail businesses. Substantial information on the

COMPOSTABLE/REUSABLE FOODWARE AND BAG TECHNICAL ASSISTANCE PAGE 3 background of development of the ordinance is provided in the June 4, 2024 Staff Report1. The Proposed Ordinance is listed as Attachment A to the June 4, 2024 Staff Report 2.

The proposed ordinance highly encourages food providers to maximize of reusables where feasible. Compostable foodware will be allowed for dine-in and takeout. Plastic and plastic-lined paper will not be allowed. Food providers will also need to convert all plastics bags to paper bags. Waivers and extensions of times will be granted to businesses that meet eligibility.

The proposed ordinance will also regulate plastic bags at retail businesses, not subject to SB270.

Retailers must accept customer-owned bags. Paper bags and compostable bags can provided to customers for a mandatory 15 cent surcharge. Plastic bags will not be allowed.

Technical assistance to businesses will tentatively begin in July after Council considers adoption at the June 18 City Council meeting. The ordinance will be effective January 2025 and enforcement of non-compliance will begin July 2025. The City is issuing this RFP for technical assistance to increase timely and accurate compliance before the enforcement period begins.

SCOPE OF SERVICES
The scope of required services is outlined below in Tasks 1-8, including subtasks. The selected proposer will provide comprehensive technical assistance and support to businesses with the waiver/extensions of time process. Working closely with City staff, the selected proposer will prepare a purchasing guide that meets foodware requirements in the ordinance, develop a technical assistance strategy and rollout plan, and roll out technical assistance to Pinole businesses. The current landscape of Pinole food businesses consists of 68 food providers that fall into three ownership structures: corporations (10 businesses), franchises (23 businesses), and independent businesses (35 businesses). The City anticipates the greatest need for technical assistance will come from independent businesses in this transition.

TASK 1
Gather and finalize a list of compliant, affordable foodware (refer to page 7 of the proposed Ordinance) and local suppliers that provide compliant compostable and reusable foodware. 1 https://pinoleca.portal.civicclerk.com/event/58/files/report/239 2 https://pinoleca.portal.civicclerk.com/event/58/files/attachment/326

COMPOSTABLE/REUSABLE FOODWARE AND BAG TECHNICAL ASSISTANCE PAGE 4 TASK 2
Gather and finalize a list of compliant, affordable bag options (refer to page 6 and 8 of the proposed Ordinance3) for food providers and retailers as well as local suppliers of compliant bags.

TASK 3
Work with City Staff to finalize a technical assistance rollout plan, strategies, and materials.

TASK 4
Rollout of technical assistance to food businesses.

SUBTASK A:

Provide cost-effective estimates for a full inventory conversion to compostable foodware that also optimizes the packaging needs for a businesses.

SUBTASK B:

Connect food businesses with local suppliers and distributors.

SUBTASK C:

Keep track of commonly needed compostable foodware items among Pinole food businesses to help establish and negotiate community contracts with suppliers to decrease the unit price per compostable foodware item.

SUBTASK D:

Reinforce education to businesses on Assembly Bill 1276 which regulates bundling of utensils and requires utensils be provided upon request only for customers and customers ordering via third-party food delivery platforms.

SUBTASK E:

Educate businesses on the ordinance’s encouragement for maximizing reusables, including:
• Assembly Bill 619 sanitation guidelines to increase consumer-owned containers. 3 https://pinoleca.portal.civicclerk.com/event/58/files/attachment/326

COMPOSTABLE/REUSABLE FOODWARE AND BAG TECHNICAL ASSISTANCE PAGE 5 • Assessing the capacity for a dishwasher and education on benefits of reusables for dine-in.
• Educating businesses on a returnable reusable takeout loop system and tracking interest per business.

SUBTASK F:

Educate businesses on compliant bag options and suppliers.

SUBTASK G:

Support businesses with grant application support if available for plastics reduction (note that the City maintains grant writing assistance through Townsend PA, which can be utilized as well for grant application support).

TASK 5
Assist the City with waivers and time extensions requested by businesses.

SUBTASK A:

Assist City staff with prescribing written rules, regulations and forms for Food Providers or Retailers to obtain full or partial waivers and for Food Providers or Retailers to obtain an extension of time.

SUBTASK B:

Assist businesses with applying for partial/full waivers (refer to page 5 of the proposed Ordinance4) and extensions of time (refer to page 5 of the proposed Ordinance5).

SUBTASK C:

Assist the City in acting on waiver and/or time extension applications within 60 days of application.
• If supply chain issues warrant a waiver, verify, and take action on the waiver (with concurrence from City staff)
• If performance failure warrants a waiver, verify, and take action on the waiver (with concurrence from City staff)
4 https://pinoleca.portal.civicclerk.com/event/58/files/attachment/326 5 https://pinoleca.portal.civicclerk.com/event/58/files/attachment/326

COMPOSTABLE/REUSABLE FOODWARE AND BAG TECHNICAL ASSISTANCE PAGE 6 TASK 6
Prepare materials for the City to roll out to businesses and their customers regarding new regulations including signage, guides and other educational materials. Assume the City will print these materials independently.

TASK 7
Report progress towards the technical assistance rollout plan which should include names of businesses reached and subtasks completed for that business.

TASK 8
Develop a handful of case studies and final report of completion of all above tasks.

PROPOSAL CONTENT
The proposal shall clearly address all the information requested herein. To achieve a uniform review process and obtain the maximum degree of comparability, proposals must be organized and contain all information as specified below:

A. Cover Letter: Maximum of two pages serving as an executive summary which shall include an understanding of the scope of services. The letter shall acknowledge the acceptance to the terms and conditions of the Consulting Services Agreement (Attachment A) and shall contain a statement that the proposal is valid for ninety (90) days.

B. Brief Company Profile. General company information including number of employees, location of company headquarters and branch offices, number of years in business and organization, disciplines, and staffing. Describe the general qualifications of the firm as they relate to the work proposed with this RFP.

C. Organization and Staffing. Provide a list of the consultant’s employees and agents whom the consultant anticipates assigning to this project. This list shall include a summary of the qualifications, licenses, and experience of each individual; and the professional Planning level of work to be performed by each individual.

D. Description and Approach. The proposal should demonstrate the Consultant’s knowledge of the needs and objectives of the work proposed under this RFP. Describe your project management approach. Provide a detailed description of how the team, (including subconsultants if applicable), will be managed.

E. Schedule of Work. Describe your scheduling methodology and approach to schedule management. Provide a typical detailed schedule for all tasks.

F. Subconsultants. If resources outside the firm may be used to establish a team with a breadth of expertise, list consultants who would provide services and identify their expertise and experience in the specific type of work they would provide to the City.

COMPOSTABLE/REUSABLE FOODWARE AND BAG TECHNICAL ASSISTANCE PAGE 7 G. Cost Proposal. The cost proposal shall be in the form of the table below, by task, and include the hourly rate for services. Include any subconsultant’s fee schedule, if applicable.

Task Item Hours to
complete
Cost/hour Additional
Costs (detail)
Total task
cost
Task 1
Task 2
Task 3
Task 4
6 Subtask A
Subtask B
Subtask C
Subtask D
Subtask E
Subtask F
Subtask G
Subtask H
Task 57 Subtask A
Subtask B
Subtask C
Task 6
Task 7
Task 8
H. Relevant Projects/Services with References. Provide three references to include name, address, contact person and phone number of the municipality/company, length of time services were provided, and a description of the services provided.

I. Required Statements/Documents. Include statements of assurance regarding the following requirements:
6 Note that the City currently has 35 independent food businesses, 23 franchise food businesses, and 10 corporate food businesses. Since corporations and franchises may already be set up with suppliers, they may need less technical assistance than independent businesses. For this cost proposal, assume minimal time will be required to complete subtasks A, B, C, and G of Task 4 for a franchise food business and subtasks A, B, C, G, and H of Task 4 for a corporate food business. Please include the cost to complete all subtasks of Task 4 for all independent food business.
7 Refer to Attachment A on page 12 of this RFP, which lists all retails businesses in Pinole. For this task’s cost proposal, please review the list and assume minimal to no time will be needed for waiver/extension of time support to retail businesses in sectors that typically do not use bags such as insurance brokers, educational services, consulting firms, construction, real estate, gyms, auto repair, nail salons, hair salons, finance/accounting etc.

COMPOSTABLE/REUSABLE FOODWARE AND BAG TECHNICAL ASSISTANCE PAGE 8

1. Disclose any actual, apparent, direct or indirect, or potential conflicts of interest that may exist with respect to the consultant, management, or employees relative to the services to be provided under the Agreement. Consultant must disclose any real or apparent conflict of interest associated with this project or with working for the City of Pinole. If a Consultant has no conflicts of interest, a statement to that effect shall be included in the Proposal.

2. A statement acknowledging compliance with the Levine Act. Consultants will be required to disclose on the record any contribution of more than $250 which they have made to a City Council Member within the twelve-month period preceding the submittal deadline of this RFP, and within the twelve-month period preceding any subsequent procurement based on this RFP. This applies to your company, any member of your team, any agents for you or other team members and to the major shareholders of any closed corporation, which is part of your team. If you have made a contribution which needs to be disclosed you must provide written notice of the date, amount and receipt of the contribution(s) to the City Manager. This information will need to be provided before the City can approve any contract.

3. Ability and agreement to fulfill the indemnification and insurance requirements contained in the standard contract.

4. A statement that nothing contained in the submitted proposal will be proprietary.

5. Acknowledgement that the Consultant understands that all documents submitted to the City in connection with the proposal are subject to the California Public Records Act and may be disclosed without notice to the Consultant.

6. A description of any and all proposed exceptions, alterations or amendments to the Scope of Services or other requirements of this RFP, including the Standard Contract (Attachment B).

SUBMITTAL
Consultants shall submit one (1) electronic copy in PDF format of the Consultant’s proposal by email to Sustainability Fellow Kapil Amin at [email protected]. Proposal submission described above must reach us prior to 5:00 PM (local), July 1, 2024 (Proposal Submission Deadline).

AMENDMENTS TO THE RFP
The City reserves the right to amend the RFP by addendum prior to the final proposal submittal date.

QUESTIONS AND INQUIRES
All questions and inquiries must be submitted via email to Sustainability Fellow Kapil Amin at [email protected]. The deadline to submit questions is June 17, 2024. It shall be the Consultant’s responsibility to check the City of Pinole or Public Purchase websites to obtain any

COMPOSTABLE/REUSABLE FOODWARE AND BAG TECHNICAL ASSISTANCE PAGE 9 addenda that may be issued. Addenda to this RFP will be posted on the City of Pinole website and Public Purchase website. One comprehensive response to all submitted questions will be posted on the City’s website. Do not contact other individuals or City departments in this regard.

Information provided by anyone other than the above contact may be invalid and proposals which are submitted in accordance with such information may be declared non-responsive.

TIMELINE
The following table is an outline of the anticipated schedule for the proposal review and contract award. The schedule is subject to change. The selected consultants must be available to commence work as soon as August 1, 2024 as outlined in the table below.

Milestone Date Time
RFP Released for Project June 11, 2024 5pm
Proposal Submission Deadline July 1, 2024 5pm
City Council Contract Award (anticipated) July 16, 2024 Work Commences August 1, 2024

EVALUATION CRITERIA
The City intends to engage the most qualified consultant(s) available that demonstrate a thorough understanding of the City’s needs. City staff will use the following criteria to evaluate proposals, for a total of 100 points:
• Understanding of Work to be Performed (the Scope of Services): 15 points • Demonstrated Quality Firm and Professional Staff Technical Skill, Experience, Performance and Approach: 25 points
• Familiarity with City, County, and State Regulations: 20 points • Firm’s and Professional Staff References/Satisfaction of Clients: 15 points • Completeness and Quality of Proposal: 15 points
• Cost Approach to performing this type of service: 10 points The City may request a qualification interview with the highest raked consultant(s) prior to determining the final ranking. The City reserves the right to reject any and all proposals.

COMPOSTABLE/REUSABLE FOODWARE AND BAG TECHNICAL ASSISTANCE PAGE 10

GENERAL TERMS AND CONDITIONS

1. The City is not liable for any expenses incurred by any proposer prior to issuing the contract.

2. The Consultant, once selected, is required to submit monthly billings.

3. The Consultant selected for the project must obtain a City business tax certificate and maintain liability and workers compensation insurance coverage in accordance with the City Professional Services Agreement template, attached.

4. All work product generated by the Agreement will be owned by the City.

5. This solicitation for proposals does not commit the City to enter a contract or to pay any costs incurred in the preparation of the proposal.

6. The City reserves the right to accept or reject any and all proposals, and to negotiate with any and all qualified Consultants, or to cancel in part or in its entirety this RFP.

7. The City reserves the right to accept any proposal received, to reject any or all proposals, in whole or in part, to waive irregularities, formalities, or both, as deemed appropriate, to request clarification of any submittal, and to negotiate with the preferred Consultant to provide the requested services.

8. The City hereby notifies all Consultants that no person will be excluded from participation in, denied any benefits of, or otherwise discriminated against in connection with the award and performance of any contract on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, or veteran status.

9. Once the Consultant is selected, the City and the Consultant will execute the City’s Professional Services Agreement, which will set forth the scope of work, the estimated time schedule, and the applicable rates and reimbursements.

10. All proposals submitted in response to this RFP will become the property of the City upon submission and a matter of public record pursuant to applicable law (including the California Public Records Act, Government Code section 6250 and following). The City reserves the right to make copies of all proposals available for inspection and copying by interested members of the public as records of the City and the City will be under no obligation to the Consultant to withhold such records. Insofar as a proposals contains information that the Consultant regards as proprietary and confidential, it is the responsibility of the Consultant (and not the City) to specifically identify which items of information are proprietary and clearly identify in writing which specific pieces of information are proprietary. It will be insufficient for the Consultant to merely identify the entire proposal or an entire page or set of pages of proprietary information. Not-toexceed sums, hourly rates and the like that may be set forth in the proposal will not constitute proprietary information nor will any information readily available to the

COMPOSTABLE/REUSABLE FOODWARE AND BAG TECHNICAL ASSISTANCE PAGE 11 general public or any other information not regarded as proprietary and confidential under federal or state law.

ADDRESS PROPOSALS AND QUESTIONS TO:

Kapil Amin
Sustainability Fellow
[email protected]

COMPOSTABLE/REUSABLE FOODWARE AND BAG TECHNICAL ASSISTANCE PAGE 12

PROPOSALS ARE DUE ON July 1, 2024 BY 5PM
SUBMIT VIA EMAIL ONLY TO:

[email protected]
All proposals must remain firm for a period of ninety (90) days following the last day to accept proposals

Retail Businesses in Pinole (for Task 6)
Attachment A: List of Retail Businesses in Pinole

• ACACIA GRAPHICS &
DESIGN
• J & O TOWING AND
TRANSPORT INC. DBA
J&O
• ADRIENNE CHERRY @

HERITAGE BEAUTY
SALON
• Alice Kim @ The Whole 9
Yards Salon
• DEALS FORCE AUTO
• INFINITY & BEYOND
Wholesale, LLC
• JMG CONSTRUCTION
• PINOLE VALLEY GLASS
• AURA
• HANDYWORKS
• REFORM US
• TROUBLE DON'T LAST

COUNSELING &

TRAINING
• HORATIO R. CRUZ, M.D.
• LOCAL DRIVING
SCHOOL, INC.
• BUMBLE BEE

CONSTRUCTION
• ESPEREANCE KREYOLE
• American
Airconditioning
Company
• R AND T AUTO
• RUFFIN & ASSOCIATES
• STACEY KHUY ARTISTRY
• BROWS & LASHES BY
AILES
• GUTIERREZ REPAIRS
• LUCKY BUDDHA

WIRELESS LLC
• STRESS RELEASE
CENTER
• EAST BAY GARDEN
• FC BEAUTY CENTER
• JOEL C. ROSS, M.D., INC.
• SUSAN BURCH @ Top
Floor
• ALL STAR PAINTING
• MARY'S PINS & NEEDLES
• BRL APPRAISAL

SERVICES
• BEAUTY BY MARCELLA
@ TRANSITIONS SALON
• Dutra's Food Services
• EAST BAY AREA

THERAPY
• PINOLE'S NAILS
• EAST WEST NATURAL

MEDICINE
• CBCS: CONSTRUCTION

AND BUILDING

CLEANING
• MULATTO MEADOWS
• BAY AREA CAPITAL

JANITORIAL

MAINTENANCE
• CALI KERNELS
• BRIDGE HOPE THERAPY
• JACKIE CLEANING

SERVICE
• DIVINE ESSENCE

BEAUTY BOUTIQUE
• MARIA D. RUBIO
• ECOPACHA, INC.
• MAID IN THE BAY

CLEANING
• SF BAY GENERAL

BUILDING
• QUALITY KING AUTO
GROUP
• CLEAN AND TIDY, LLC
• DIPPED, LLC.
• BRASMERICA PAVER

SYSTEMS
• S PACHECO CO.
• DAYS INN
• PAUL H. RYAN JR. M.D.
• ALWAYS GREEN
LANDSCAPING, INC.
• CRISTINA INGRAM @
RAVAYS
• TOUCAN TRUCKING

AND ROLLOFF SERVICE
• SHARON BURNIM @

TRANSITIONS
• DEEP ROOTZ DESIGN
• GIRLFRIEND FRIDAYS

CATERING AND EVENTS
• THE WAVE SHOP
• CALIFORNIA FACILITY

SERVICES
• SAAZ
• Emerald Caregiving, LLC
• A1 BROOM SERVICE
• MINORITY MEDIA
SERVICES, INC.
• TOP O' THE WORLD

HANDYMAN SERVICES
• SHINE THRIVE GROW
• HAT WORLD
• HER365 FITNESS
• ALEXANDER GOLOVETS
• SELDIA DESIGNS AND

CONSTRUCTION
• A & A MOTORS
• FACEDARK
• OLD TIME REALTORS
• ELOISA'S BEAUTY &

BARBER SALON
• PRISTINE CLEANING

SERVICE
• ALYSSA CARVER

INTERPRETING
• L.R. & Associates
• RED SEA CARPENTRY
• SMYTHE'S ACCORDION
CENTER
• W.L. SKIPWITH, LLC DBA

SKIP'S SKRAPER
• EFFORTLESS STYLES
• SASAI STUDIOS
• COUTURE HEAVEN
• LUMINARY AESTHETICS
AND CO.
• RL MOTORS
• KAYA COLLECTIVE
• NICOLE VITALITY SPA
• FAMILY AFFILIATED CAR

SALES, LLC
• RAIN'S PLATES, LLC.
• MC MULTIMEDIA
ENTERPRISE, LLC.
• LULU'S LIFESTYLE
• RYAN DERBY, MD CORP.
• TMD CATERING, LLC.
• REAL RAVEN BEAUTY
LLC
• LE MARCHE

Retail Businesses in Pinole (for Task 6)
• WHIRLY TAILS
• ANTLER'S TAVERN
• A-TEK COMPANY
• AVALOS ROOFING
• DOLAN'S OF PINOLE
• G & L LIQUOR, INC.
• JOANNE GABEL PIANO
STUDIO
• KENDALL

FINANCIALSERVICES,
INC.
• LETCHER BROTHERS

AUTO REPAIR
• M.E.R.I ENTERPRISES
• THE NEW DELI
• ANITE Company
• PINOLE KEY 'N GIFT
SHOP
• PATTY'S PINOLE CHILD
CARE
• SAFEWAY, INC. #1714
• SECURITY PUBLIC

STORAGE
• SOLAR CAR WASH
• SQUARE DEAL GARAGE
• DJ's GRAPHICS
• CHARLES
KOPP,INC.dbaCONTINEN

TAL ELECTRIC
• JAY VEE LIQUORS
• Cosmoprof #8762
• PINOLE PAWS PET

GROOMING
• A.D. DERN INSURANCE
AGENCY, INC.
• AMERICAN MEDICAL

RESPONSE-WEST
• DOUGLAS E. OLIVER,
DDS
• DENNIS L. LORETTE
ACCOUNTANCY CORP.
• CLEMES & CLEMES, INC.
• PINOLE VALLEY LANES #
581
• CINDY'S SHEAR CUTS
• FIAT MUSIC CO. / FIAT

SCHOOL OF MUSIC
• RICHMOND

UROLOGICAL MEDICAL
GROUP
• CRAIG J. HEALY, D.D.S.
• DAVID WARREN, D.D.S.
• BIG 5 SPORTING GOODS
#62
• AXELRODE

ORTHODONTICS
• GOODYEAR TIRE
CENTER
• REIKO O'BRIEN @
SaShay's
• CRAWFORD SERVICES

DIVISION
• Cowperthwaite&Hinning
erGenlContractorInc
• PINOLE VALLEY ARCO
• JOEL HOROWITZ, D. C.
• B. WILSON @ Whole 9
Yards
• COMIC CARDS, ETC.
• GEORGETTE JETER @
SaShays
• HIMALAYAN TREASURES

AND TRAVELS
• MICHAEL J.H. Mc
DONALD, DMD, INC.
• R.W. SCOTT

CONSTRUCTION
• KISTER, SAVIO & REI,
INC.
• DAVID G SMITH

INSURANCE BROKER,
INC
• CALIFORNIA COMPLETE

GARDENING SERVICE
• HARRIET HUNT, INC.
• NAILS by RENE at

SASHAY'S
• THOMAS J. MAMPALAM,
M.D.
• VIBRANTCARE

REHABILITATION
• MASTERWORKS
• EEONYX CORPORATION
• TARGET STORE #T-737
• SALLY BEAUTY
SUPPLY/EQUIP #1848
• AM-PM APPLIANCE

SERVICE
• YOUTHFUL TOOTH

COMPANY
• STAPLES THE OFFICE

SUPERSTORE
• HAIR BY CAROLYN @
Thee Salon
• O'REILLY AUTO PARTS
#2833
• PET FOOD EXPRESS
• NORMA MACKEY @

TRANSITIONS
• BILL'S LIQUOR
• BITSMITH SOFTWARE
• OLD RESERVOIR

TELECOMMUNICATIONS
• BAY AREA LASER

SURGERY CENTER
• MARK S. THIBAULT, DDS
• TOP FLOOR BEAUTY
SALON
• ACCUTECH AUTO CARE,
INC.
• ANDY'S HAIR DESIGN
• PLUMBING

EXPRESS/SEWER

CONNECTION,INC
• YEN CAN CUT
• MANCINI'S SLEEP
WORLD
• MIKE'S APPLIANCES
• COLOR COMPUTER

PORTRAITS
• SA SHAY'S
• GARY D.SABBADINI
D.D.S.,A.P.C.
• CRAG PARKER

MAINTENANCE PLUS
• Edward Jang DDS, Inc.
• MUSIC REPERTOIRE
• BEST BUY STORES, L.P.
#138
• PROF SMOG
• WAIKIKI NAILS
• BAYOU CUSTOM
• Pacific Plumbing &
Construction Co.
• CHRISTINA at TOP

FLOOR SALON
• O'REILLY AUTO PARTS
#3495
• DEBRA BHACHU @

RAVAY'S
• A.B.T.
• PROFICIENT TERMITE

CONTROL

Retail Businesses in Pinole (for Task 6)
• PINOLE ENDODONTICS
• DAVID'S BRIDAL, INC.
#129
• COLE VOCATIONAL

SERVICES
• HRB TAX GROUP INC
• SHERRY THRUSH @
SaShay's
• LINDA JEE Hair Design
• NORMA J. SALON
• SUSAN L. NUTTLE,
D.D.S., INC.
• SUNSHINE FLOOR

COVERING
• ST.CLARE'S HOME FOR

SENIORS
• P.A. PRODUCTIONS
• GOTTA HAVE IT

ARTWORKS
• VOLCANO CLOTHING

MANUFACTURER
• GENERAL NUTRITION
CENTER #5008
• ARCHITECTURE AND

PLANNING
• CROCKETTS PREMIER

AUTO BODY
• NEW EBONY BEAUTY
SALON
• ODETE ALEXANDER @

TRANSITIONS
• DEBORAH HEGARTY @
Transitions
• PINOLE PODIATRY
GROUP
• ANN at TRANSITIONS
• VANESSA VVANNASY
• RAVAY'S HAIR STUDIO
• APPIAN INSURANCE
SERVICES, INC.
• GREAT CLIPS FOR HAIR
• VALLEY PRODUCE
MARKET
• RODRIGUEZ

CONSTRUCTION

SERVICES
• REALITY PRODUCTIONS
• FLEXIBLE MARKER

SUPPORT
• PAT SCHEPPLER @
Sashay's
• THE WHOLE - 9 - YARDS
• FREITAS LANDSCAPING
• JUNG & JUNG

CHIROPRACTIC, LTD
• AUTO ZONE # 3312
• VELASQUEZ TAX

SERVICES
• APPIAN 80 EXPRESS

CLEANERS
• HAILIE'S HAIRCUTS
• BRIGHT NOW! - PINOLE
DENTAL
• SUPER CITY LIMOUSINE
• DAVE'S AUTO REPAIR
• MICHAEL'S ARTS &
CRAFTS # 4741
• CORRIEA LOCK & KEY
• PINOLE VISTA LIQUOR
• CANYON PINOLE

SURGERY CENTER
• A LA MODE DONUTS &

ICE CREAM
• MFT CONSULTING
ENGINEERS, INC.
• WESTPRO REALTY
• LEE'S FOUNTAIN
• SOBRANTE HILLS
REALTY
• SANCHEZ LANDSCAPING
& GARDENING
• HOSS ABAR, D.D.S
• CHARMING

TRANSITIONS
• BEVERAGES & MORE
• KOUROSH HARANDI,
DDS.,M.S., INC.
• DOLLAR TREE STORES #
3178
• BANIQUED REALTORS,
INC.
• DREAM'S AUTO

COLLISION CENTER
• OASIS NAIL & SPA
• PATHWAY TO CHOICES

DAY SERVICES
• DEX DENTAL

LABORATORY
• LIGHT ENDEAVORS
• SAMA ACADEMY OF

MARTIAL ARTS
• DOGTROT
• EAST BAY
OPTHALMOLOGY, INC.
• ADAM LONDON
CONSULTING, LLC.
• FED EX OFFICE # 1475
• SAVING MEMORIES
• SHENOVA EDWARDS
• EVALUATION FOCUSED

CONSULTING
• WINGS FOR 2 SINGHS
• BENJAMIN ROSALES,
D.D.S.
• MV PUBLIC
TRANSPORTATION, INC.
• SMART STOP dba
Bhavani Enterprises,Inc.
• BILL'S DEFENSIVE

DRIVING SCHOOL
• PAMPERING FACES
• VALENCIA GARDENINGHOUSEKEEPING
• PINOLE SHELL
• JASMINE LANDSCAPE
• O'CONNOR PHYSICIAN
GROUP, INC.
• ELEGANT ENTRIES
• MOJDEH OSHAGH, DDS
• Y.A.HARDY TRUCKING
CO.
• KAMRAN KASHIRAD DDS
• 99 CENT ONLY STORES
LLC#275
• PINOLE CHEVRON
• BAY AREA TREE CARE
• DE RANGO

CONSULTING
• TRADER JOES # 230
• SERENITY NAIL SPA
• WALGREENS # 11614
• DUMLAO'S ACADEMY OF

MARTIAL ARTS
• TPMG Financial Services
• HOUSE OF LILITH HAIR

DESIGNERS
• Sales Operations /
License
• NICK'S MOTOR
• Le Bon Real Estate, Inc.
• IMAGE DE BEAUTE
• LAW OFFICES OF

MICHAEL ASHBURNE

Retail Businesses in Pinole (for Task 6)
• C Q & A CONSULTING
• ALBERT M TSANG DDS,
INC
• NOSTALGIC SOUL

BARBER STUDIO
• TARA HILLS CARE HOME
• LORINA DAVES-TORNAI
• REDBOX AUTOMATED

RETAIL LLC
• M ELDER, DDS. A

PROFESSIONAL

CORPORATION
• TAMMYS NAILS AND SPA
• CHUCK E. CHEESES
• SOHEILA'S HAIR SALON
• VINCENT P. LIM D.D.S
• COLDWELL BANKER

BARTELS REALTORS
• ARMOR SECURITY
SYSTEMS, INC dba
• JENNY S C JEAN @
Hailie's Haircuts
• PINOLE GROCERY
OUTLET
• GREGORY S MEYERS,
DDS, MSD.
• AT&T MOBILITY
• VMOJA COUNSELING

AND CONSULTING

SERVICES
• MAGIC BRUSH

PAINTING, INC,
• PS ORANGECO, INC
#8361
• PETER KEOWN REAL

ESTATE, INC
• PINOLE VALLEY BOOT

CAMP COMPANY
• EAST BAY YOGA
• RESULTS REALTY
• BURLINGTON COAT

FACTORY OF CA LLC
• JUST DELIGHTS
• SHAHIN MOTTAGHIAN
@ TRANSITIONS
• JOCELYN MILES OTR/L
• NEW HAIR @

TRANSITIONS
• YC DENTIST - MA

YOLANDA A CABOBOY,
DDX,
• J HEARST WELBORN JR.,
MD
• DR. FERIEL EL GHAOUI
• ABLE TO LOAN
• CALAPPS.COM
• CONNIE MCFARLAND @

SA SHAYS
• M C DESIGN GROUP
• MARQUINO TILE

MARBLE CERAMIC AND
MOSAIC
• CV COMMUNICATION
• ETCHEVERRY BUILDING
& MAINTENANCE SERVIC
• DABS, INC.
• MUYHONG THY, DDS
• HELANDER LLC DBA

ROCKSTAR TANNING
• MDRZ GHABEN PINOLE,
INC
• ITCONSULTANT
• PRO2 SOLUTIONS
• EYES & SMILES

OPTOMETRY
• TRAVEL TRAVEL PINOLE
• LA VILLA REALTY
• DA BEST CREATIONS
• PUMP HOUSE
• BEAUTY & GRACE
SALON
• THE TREASURE HUNT
• LISA'S HAIR STUDIO
• COSMIC TRENDS
• GABLES MOTEL
• GRIP IT GOLF, LLC
• EASTSHORE PEDIATRIC

DENTAL GROUP
• ABB/CON-CISE OPTICAL

GROUP LLC
• DIMENSION
CONSTRUCTION, INC.
• C FOOD CONCEPTS, INC
dba SIZZLERS
• PARK L. HSIEH, O.D., A

PROFESSIONAL OPTO
• SIMPLY BO'S PETALS &
EVENTS
• APPIAN LIQUORS
• PETSMART #2223
• S & L BODY AND FRAME
• LABORATORY

CORPORATION OF

AMERICA
• REDBOX AUTOMATED
RETAIL, LLC.
• CLEAN MACHINES
• LITTLE MERMAID HAIR &

MAKEUP SALON
• RETINA SPECIALISTS of
Northern Calif.
• ONITSHA MOTORS

EXCHANGE
• ANH DAO NGUYEN -

CINDY SHEAR CUT
• MP NAILS & SPA
• KEETONE TAX SERVICE
• SCG PINOLE VALLEY

SHOPPING CENTER LLC
• LUXURY WHOLESALE
• DBA ALCOS TAQUERIA

AGUILILLIA
• THUNDERBOLT

COMMUNICATIONS,
LLC.
• PINOLE PET HOSPITAL,
INC.
• CAROLYN L. YU, DDS,
INC.
• JOINT VENTURES, LLC
• CHERRY CHIROPRACTIC
CORP.
• BAY AREA ORTHOPEDIC

SURGERY AND SPORTS
M
• 676 CANDLES CO.
• SMOKE AND SAVE
• SABOR LATINO #2
• 2-1 DENTAL LAB
• S.K THREADING
• TJMAXX #1347
• EAST BAY

CHIROPRACTIC HEALTH
CENTER DR.
• WELLS FARGO

CLEARING SERVICES LLC
DBA WE
• ULTA SALON

COSMETICS &

FRAGRANCE
• JENNY CRAIG #3023

Retail Businesses in Pinole (for Task 6)
• PINOLE DENTAL

LABORATORY
• CORTEZ TIRES AND

AUTO REPAIR
• DEBBIE'S DOG DAYS
• LUXURY NAIL SPA
• MADDOX REAL ESTATE
• Praveena Kumar
• Sweet Kreations
• Zitrone Home, LLC.
• THE SHERWIN-WILLIAMS

COMPANY
• PINOLE PACKING AND

POSTAGE
• KEENAN HOWARD
REALTY
• JP'S KAJUKENBO
KARATE
• OCAMPO FAMILY

WELLNESS & TRAINING
• RAF INVESTMENT

SERVICES, IND
• BRITTON BEHAVIORAL

CONSULTING
• GATEWAY PINOLE VISTA,
LLC.
• VISITING ANGELS,
PINOLE
• SILVA CONTRACTORS,
INC.
• THE VITAMIN SHOPPE
• DRO'S TRANSPORT
• DAVID W. TAM, OD
• Prime Metropolis
Properties Inc dba KK &
• JORDAN DRAPERY &
BLINDS
• HARLEY HILL
• PRECISION ARMS

GUNSMITHING AND
SUPPLY
• KUHLMANN AND

CHEYNE BUILDERS INC
• PINOLE FAMILY DENTAL
• VERN PHAN REAL
ESTATE
• I BROW BAR
• THE ROOM HAIR
DESIGN
• Bay Area Comfort
Solutions HVAC
• KASCO dba RC PRO USA
• Hanah's Nails
• T-Mobile Financial, LLC.
• Hong Kokham @ The
Room Hair Design
• Omni Logistics DBA
Royal Motors
• GARY B MARCUS, MD- A

PROFESSIONAL CORPOR
• Pinole Modern Dentistry
• CLASSY NAILS
• BETTER CLOUD
• CATHERINE WITTMAN
• PRIME

COMMUNICATIONS OF

CALIFORNIA, LLC
• BEST BRAZILIAN BIKINI

WAX BY TELMA MASON
• SEQUOIA REAL ESTATE,
INC.
• PINOLE CHEVRON -

APPIAN WAY
• KIM KHANH JEWELRY &

GIFT SHOP
• CHIYO SHIDARA D.D.S.,
APC
• CEC ENGINEERING, LLC
• ABSOLUTE CARE FOR
LIFE
• NEXT OFKIN PET CARE,
LLC
• THE TREE SPICE, LLC
• JULIE'S NAILS
• URBAN ENTERPRISE

PARTNERS, INC DBA
ANYTI
• CVS/ PHARMACY
#16222
• CLAYDELL STEPHENS

MD AND YVONNE

COBBS NP
• MICHAEL A.

MELLENTHIN, MD, PC
• GARDEN OF GEMS

CUSTOM JEWELRY
• RICHARD K LINDSAY, PE
• MERCHANTZOOM, INC.
• MODZ SYSTEMS, INC.
• SPROUTS FARMERS
MARKET
• FACES SKINCARE
STUDIO
• CRYSTAL CLEAN

LAUNDRY
• ORANGETHEORY

FITNESS PINOLE
• HEALTHY SPA
• MARLEX MOTOR GROUP
• UNIVERSITY MEDICAL
PARTNERS INC.
• PRECISION ARTS

DENTAL STUDIO
• KFREEZ.COM
• MARRAH MOLINA

THERAPY
• BRIAN J. HATHCOAT,
DDS
• WELSTAND GEMSTONES
• GIGI'S ONE BITE

WONDER, LLC
• HAPPY HEMP MUSIC,
LLC
• TREASURE

CONSTRUCTION
• HEAT ATHLETIC
• ADDICTION BY CARRIE
• ZC FOR HAIR
• TONIC NATURALS, LLC
• 7 ELEVEN 2365-14206G
• EPIC CARE
• Edible Odyssey, LLC
• DOUBLE PINE CARE
HOMES LLC. DBA

GRANADA
• L & A AUTO SALES, LLC.
• PRECISION SECURITY

SOLUTIONS DBA

NATIONA
• DIABLO VALLEY

CREMATION & FUNERAL
SERVIC
• DOUBLE PINE CARE
HOMES, LLC. DBA

GRANADA
• SUPERLATIVE STEAM

CLEANING
• THE PINK LASH
• AKA WIRELESS, INC.
• ENDOCARE

Retail Businesses in Pinole (for Task 6)
• SERRAMONTE

PULMONARY ASTHMA

SLEEP CLINIC
• DEGRACIA BUILT
• CONNOISSEURS' GUIDE

TO CALIFORNIA WINE
• ONE THE CHEESE STEAK
SHOP, LLC.
• S. G. AUTO REPAIR
• DALIA E. PEREZ-SALINAS,
DDS
• MARIANO'S BARBER
SHOP
• TJLM FOOD SERVICES,
INC.
• KAMILAH SANFORD,
DDS, INC.
• HAUS CREATIVES
• FLOURISHING DAYLILIES
• PREMIERE HOME CARE
• ALL PURPOSE

SOLUTIONS
• SAGRA'S HOME

CLEANING &

ORGANIZING
• BW ENGINEERING
• THE BAR AESTHETICS
• BEST KITCHEN DESIGN
• THE EATING
• AMERICA'S BEST

CONTACT &
EYEGLASSES #375
• ANCOF CONSTRUCTION
& REMODELING
• AAA NORTHERN

CALIFORNIA, NEVADA &
UTAH
• VINTAGE AFFAIR

COLLECTIBLES
• CLAY AND STEEL, LLC
• PINOLE SERVICE
• VALARIE Y. RICE M.F.T.
• GRANADA FLOORS
• PINOLE OPERATIONS, LP
• OCEAN DAY SPA
• LASH BAR STUDIO
• LUMENATI ELECTRIC
• CQ&A CONSULTING
• SABER FITNESS PINOLE,
LLC
• CVS/Pharmacy #9299
• CHAMBERLUX
AUTOMATA, INC.
• Azadeh Hosseini DDS
• BIG O TIRES-PINOLE
• OHANA PROPERTY
INVESTMENTS, INC.
• CLASSIC ORGANIC NAIL
SPA
• TOP NOTCH

BARBERSHOP
• BAY AREA EYECARE, INC.
• LUCY G'S WAX
PARLOUR, LLC.
• EDGARDO C RUBIO

DMD, INC
• I DRIVE AUTOS
• TULIP CHILD CARE, LLC.

DBA PINOLE MONTES
• EVGO SERVICES, LLC
• BAY AREA HEARING

SERVICES
• PCN GROUP LLC
• M & E CARE COP
• COLOMA CONFECTIONS
• CAROLINA CASTILLO
• ACE HARDWARE
• GPM TRUCKING CORP,
INC.
• PLATA
• SQUID PRO QUO
• LAVENDER NAILS
• SKINCARE BY THERESSE
• GLOBAL Y F COMPANY

INTERNATIONAL
• SALKHI FAMILY
HOLDINGS, INC.
• TIEP VO
• TCUTS LLC DBA

SUPERCUTZ
• PHO HOA RESTAURANT
• ED & TED'S

THOUGHTFUL LIVING
• RAYMUND RAMOS

TRADING
• QUE ONDA
• SHIPLEY POOLS
• XFIT TRAINING
• TRUEBOND FINANCIAL
• GURJIT RANDHAWA
DENTAL, INC.
• J & L AUTO SALES
• ALOBA SF INC.
• WORLD PHONES
• SCULPTING

FRIENDSHIPS IN HAIR
• POPPY NHA-HANH
NGUYEN, L.AC.
• BITTER MELON
ACUPUNCTURE, INC.
• LA MONA'S CREATION
• ISRAEL JOSE DA SILVA
• THE UPS STORE #7276
• W SQUARE
• RINGWOOD DIALYSIS,

LLC DBA PINOLE DIALYS
• KLICKBADGER
• AQUINO'S CARE HOME
• SF PRINT.COM
• STANFORD BOTANICALS
• Sprint Spectrum, LLC
• ADDA FOODS
• BAY AREA CRAFT AND

CONSULT
• H & H MOTOR GROUP
• CENTRAL CONCRETE
SUPPLY
• AUDIOLOGY

DISTRIBUTION, LLC DBA

HEAR USA
• NASTIK
• 510 BUILDERS
• ET CONSULTING
• GOODFELLAS LOUNGE
• RV FAMOUS
• JAKE BOYS TRANSPORT,
LLC.
• B-UNIQUE
• WS AUDIOLOGY
(CALIFORNIA), PC
• SEDAKA MFT
• ALLURE BEAUTY BAR
• BOLA CHEESE, LLC
• HULIN CONSULTING
• THE GREEN HOUSE

CLEANING SERVICE
• A1 AUTOS, LLC.
• JAMIR LUXURY AUTO,
LLC
• CORTEZ TOWING
• JOHN MANRIQUE

INSURANCE SERVICES
• B&T ENTERPRISES, LLC.

Retail Businesses in Pinole (for Task 6)
• TWK, LLC.
• LIVEGOOD

BARBERSHOP
• PREFERRED CHOICE
EVENTS
• BLUE SKY PLUMBING
• AMBER'S ESSENTIAL
TOUCH
• KIM
• JEFFS MOBILE AUTO
REPAIR
• CHATON
• ALTITUDE ESSENTIEL

TREE SERVICE
• KATIE KATZ

PHOTOGRAPHY
• MINA MASALA
• NEW HEIGHTS

COUNSELING
• LOCAL LEADS LEADER,
LLC
• CATHERINDERIA

FILIPINO FUSION
• NHAN LY AT LIVEGOOD

BARBERSHOP
• PROFESSIONAL
MEDICAL SERVICES, INC.
• THE DRILL FACTORY
• GUSTAVO MORENO
• AJANAMJOT K. GREWAL
MD, INC. DBA GLOTOX
• TG'S CONTRACT

MANAGEMENT AND

CONSULTING
• DESIGN 1028
• WALTERS WELLNESS
GROUP, INC.
• SHOE PALACE
• 360 WELDING AND
FABRICATION, INC.
• MEJORANDO, INC. DBA

ALMA SEMILLARA
• CORTEZ AUTO BODY
SHOP
• DELGADOS

HOUSEKEEPING
• AWAKE MY SOUL

COFFEE LLC
• TOP 5 MOTORS, INC.
• CUNHA SURVEYING INC.
• ALMIGHTY

CONSTRUCTION
• COMPUTER

INFORMATION STATION
• MEA BEAUTY
• CIGARETTES VALUE
• FANCY NAILS LOUNGE,
INC
• UNIVERSAL SELFLEADERSHIP INSTITUTE,
INC
• AUTOPIA MOTORS
• FRESH OFF THE BOAT

SEAFOOD COMPANY
• PINOLE CLEANERS
• TCHAPWA F AUTO SALE,
LLC
• EMPRESTIMO RAPIDO
• BADD BOYZ BREEDING
• SEW ASIAN FABRICS +
GIFTS
• THE TREND AREA
• SOL DANCE ACADEMY
• PRISCILLA KYU LCSW
• MY K9 TEACHER, LLC
• TACT CREATIVE
SOLUTIONS LLC.
• SOLIHIYA CHOCOLATE
• HERMOGINA'S PALATE
• SONNIA JEAN KEMMER,
LLC. DBA NOTARYBUGZ
• THE MODEST LLC
• CAROLINE CAYETANO
BEAUTY
• MARGARITA MINO

REALTY AND LOANS
• BEGIN CPR, LLC.
• TOP 5 TRUCKING, LLC.
• HOMEGOODS #1085
• ENDURANCE-A SPORTS

AND PSYCHOLOGY
CENTER
• BROADWAY RHYTHM

DANCE COMPANY
• 2COMPLETE
• POWER ON WITH

WIGGINS (POWW)

CHIROPRACTI
• ANOTHER LEVEL OF

BARBERING
• TRESSES BY DREAM

LESS LLC
• HAIR CANVAS LLC
• SALON THIRTY SEVEN
LLC.
• HANDY RENOVATIONS
• WESTMONT
CONSTRUCTION INC.
• SIBLY BABLY LLC.
• AYAN AND AYAT LLC

DBA NFS TIRES AND
WHEE
• HUSTLER'S

BARBER/SALON
• TOP GRADE TERMITE

CONTROL
• TAMALERIA PRIMAVERA
• APPLESEED PRACTICE

MANAGEMENT
• MADE BY T. NECOL
• AFTER HOURS MEDIA
• SARISA HOWARD

MIDDLETON CPA
• RIPPDBOX
• BRIGHTS

CAMERAACTION
• HEALING BEAUTY BAR,
LLC.
• Q BEAUTY SALON B
• GOLDEN LEAF
• NATURALLY AAMIRA
• UPTOWN YARD
• ALEAMA'S TONICS
• LUSSO BEAUTY &
COMPANY, LLC.
• ANGUIANO

CONSTRUCTION
• VALENCIA LAB
• SOULFLOW OAKLAND
• KAISER FOUNDATION

HOSPITAL
• WCC BUSINESS

DEVELOPMENT CENTER
• UNIVERSITY

HEALTHCARE ALLIANCE
• PACKARD CHILDREN'S

HEALTH ALLIANCE
• HEALTHY LIVING

FOUNDATION
• Life Long Medical CarePinole Health Ce

Retail Businesses in Pinole (for Task 6)
• NURANI INSTITUTE
• NATURE'S PARADISE BY
JOANNA
• MASSAGE THERAPY @

THEE SALON
• PAIN MANAGEMENT

MASSAGE THERAPY
• MARTINNI, INC.
• RENUI DAY SPA STUDIO
• TOUCH OF PARADISE
• BACK IN BALANCE

BODYWORK
• AMETHYST SPA
• THE YU'S COMPANY DBA

MASSAGE THERAPY CEN
• COURTNEY ALLEN
• BODY RHYME

Consulting Services Agreement between City of Pinole and XXXX [DATE]

ATTACHMENT B: STANDARD PROFESSIONAL SERVICES CONTRACT

Consulting Services Agreement between City of Pinole and XXXX [DATE]

CONSULTING SERVICES AGREEMENT

BETWEEN THE CITY OF PINOLE AND
[NAME OF CONSULTANT]

THIS AGREEMENT for consulting services is made by and between the City of Pinole (“City”) and
(“Consultant”) (together sometimes referred to as the “Parties”) as of , 20 (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 , 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.

Consulting Services Agreement between City of Pinole and XXXX [DATE]

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
, for all work set forth in Exhibit A and all reimbursable expenses incurred in performing the work. 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

Consulting Services Agreement between City of Pinole and XXXX [DATE] 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.

Consulting Services Agreement between City of Pinole and XXXX [DATE]

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.

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. Reimbursable expenses are specified in Exhibit B, and shall not exceed ($ ). 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.

Consulting Services Agreement between City of Pinole and XXXX [DATE]

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

Consulting Services Agreement between City of Pinole and XXXX [DATE] 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, 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 non-owned 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

Consulting Services Agreement between City of Pinole and XXXX [DATE] 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 selfinsurance 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.

Consulting Services Agreement between City of Pinole and XXXX [DATE] 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).

Consulting Services Agreement between City of Pinole and XXXX [DATE]

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 C ONSULTANT’S R ESPONSIBILITIES.

Consulting Services Agreement between City of Pinole and XXXX [DATE]

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 (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

Consulting Services Agreement between City of Pinole and XXXX [DATE] 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. LEGAL REQUIREMENTS.

Consulting Services Agreement between City of Pinole and XXXX [DATE]

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, 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,

Consulting Services Agreement between City of Pinole and XXXX [DATE] 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 AND MODIFICATION.

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

Consulting Services Agreement between City of Pinole and XXXX [DATE] 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 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;

Consulting Services Agreement between City of Pinole and XXXX [DATE]

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 Rec ords Created as Part of Consultant’s Performan ce. 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.

Consulting Services Agreement between City of Pinole and XXXX [DATE]

9.2 Consultant’s Books and Rec ords. 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 MISCELLANEOUS PROVISIONS.

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.

Consulting Services Agreement between City of Pinole and XXXX [DATE]

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.

Consulting Services Agreement between City of Pinole and XXXX [DATE] 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

Consulting Services Agreement between City of Pinole and XXXX [DATE] 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 who shall act as the City’s
representative. All correspondence shall be directed to or through or his or her designee.

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

Consulting Services Agreement between City of Pinole and XXXX [DATE] Any written notice to City shall be sent to:

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.

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.

The Parties have executed this Agreement as of the Effective Date.

CITY OF PINOLE CONSULTANT

Consulting Services Agreement between City of Pinole and XXXX [DATE] Neil Gang, Interim City Manager [NAME, TITLE]

Consultant’s City of Pinole Business
License #:_
Attest:

Heather Bell, City Clerk
Approved as to Form:

Eric S. Casher, City Attorney

Consulting Services Agreement between City of Pinole and XXXX [DATE]

EXHIBIT A

SCOPE OF

SERVICES
.

Consulting Services Agreement between City of Pinole and XXXX [DATE]

EXHIBIT B

COMPENSATION SCHEDULE AND HOURLY
FEES

EXHIBIT C

CITY-FURNISHED FACILITIES

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.

Response to City of Pinole Request for Proposal for:

Compostable/Reusable Foodware and Non-plastic Bag Technical Assistance Submitted by:

Environmental Innovations, Inc.

Revised
September 3, 2024

A: Cover Letter and Executive Summary
September 3, 2024
City of Pinole, City Hall
Environmental Programs Division
Attn: Sustainability Fellow Kapil Amin
Dear Kapil Amin:

Environmental Innovations, Inc. (EI), a Benefit Corporation, recognized B Corp, certified woman-owned small business, and Certified Green Business, is pleased to present our proposal for the Compostable/ Reusable Foodware and Non-plastic Bag Technical Assistance for the City of Pinole. EI is a leading partner for municipalities in conducting outreach to small businesses, particularly restaurants and food facilities. We have designed and implemented foodware outreach programs for several municipalities and will be able to leverage our extensive experience as well as our collection of repurposable materials to maximize field assistance time. Our high-quality and diverse team is capable of performing outreach and assisting various sizes of food facilities, from small food trucks to large technology campus cafeterias.

Our proposal demonstrates a thorough understanding of the needs and objectives outlined in this RFP, reflecting our extensive experience and expertise in similar projects. Our project management approach is centered on clear communication, efficient resource allocation, and meticulous planning to ensure the successful completion of all project milestones. We employ a collaborative and integrated management strategy, seamlessly coordinating our experienced team to ensure alignment with project goals and timely delivery of high-quality outcomes.

Below, we outline our understanding of the project needs and our proposed approach.

Task 1: Compliant Foodware and Local Suppliers
● Compile a comprehensive list of compliant and affordable foodware and vendors, drawing from our previous experience and vendor relationships as well as existing resources such as our previously developed, Product Purchasing Guide.

Task 2: Compliant Bag Options and Local Suppliers
● Expand our existing list of recyclable single-use bags to include compliant reusable items and vendors.

Task 3: Technical Assistance Rollout Plan
● Leverage our extensive experience to finalize the rollout plan, strategies, and materials in collaboration with City staff, including a series of kick-off meetings to discuss priorities and integrate insights from previous similar programs.

Task 4: Technical Assistance for Food Businesses
● Execute an initial outreach push through various channels to inform food facilities about the Ordinance. ● Provide door-to-door outreach to 35 independent food service businesses to engage them in technical assistance services.
● Offer tailored technical assistance to identify specific needs and available compliant products.

2 Subtasks A-E: Detailed Support and Education
● Provide cost-effective estimates for inventory conversion and connect businesses with local suppliers. ● Track high-demand items to negotiate bulk purchasing agreements. ● Educate businesses about Assembly Bill 1276.
● Promote reusable foodware alternatives
● Educated retailer on compliant bag options.

Task 5: Support with Waivers and Extensions
● Assist City staff in developing written rules, regulations, and forms for obtaining waivers and extensions. ● Provide direct assistance to businesses in applying for waivers and time extensions Task 6: Development of Educational Materials
● Collaborate with City staff to develop branded educational materials, including ordinance summaries, restaurant signage, table tents, and a purchasing guide.

Task 7: Progress Reporting
● Track all outreach and technical assistance using appropriate web-based tools, providing access to City personnel.
● Document project activities and outcomes, presenting them in a final report and visual presentation.

Task 8: Case Studies and Final Report
● Develop case studies based on our extensive experience and the specific outcomes of this project. ● Present a final report documenting all tasks and activities, and impact of the project.

We are confident that our proposal provides a robust framework for achieving the City of Pinole's goals. Our team is ready to bring our expertise and dedication to this project, ensuring a successful transition to compliant foodware and a positive impact on the community.

Environmental Innovations acknowledges the acceptance to the terms and conditions of the Consulting Services Agreement (Attachment A). This proposal is valid for ninety (90) days.

Thank you for considering our proposal. We look forward to the opportunity to work with you.

Sincerely,
Josephine Fleming
President, Environmental Innovations and
Executive Director, California Green Business Network
307 Laguna St., Santa Cruz, CA 95060
[email protected]
831-706-7384

3 B. Company Profile
Environmental Innovations is an environmental consulting firm started in 2006 that provides businesses, local governments, and nonprofits throughout California with sustainability planning and program development, compliance support, waste management, and environmental certification and training. We are a leading partner for municipalities to do outreach to small businesses, particularly restaurants and food facilities.

We are currently coordinating foodware/ single-use plastic elimination efforts for the County of San Mateo, the City of Seaside, the City of Watsonville, the City of Cupertino, the City of Sunnyvale and the County of San Benito. This work consists of ordinance readiness surveys, incentives distribution and foodware assistance, campaign and materials development, product research and vendor relations, event coordination, and 1:1 outreach and technical assistance to thousands of food facilities. The work involves extensive outreach to food facilities, strong partnerships with local community groups, concise guidance materials and marketing messaging for businesses, and product research and vendor relationships. The best example of this work could be seen in the Foodware Aware Program, a comprehensive awareness and engagement campaign which we developed and implemented for the County of San Mateo which provides outreach services to over 4000 food facilities in 16 different County jurisdictions. This program has become a model for foodware ordinance outreach and education throughout the State.

EI also coordinates regulatory industrial environmental compliance for municipalities, including coordination of all aspects of the fats, oil and grease (FOG) and stormwater pollution prevention programs for restaurants which plays heavily in food service ware when it comes to requirements for dishwashers and grease interceptors to use reusable ware. We also enforce polystyrene bans, mandatory recycling, and compost laws and are currently implementing SB 1383 outreach for several municipalities focusing on organic waste collection and edible food recovery education and assistance.

Additionally, EI staffs and directs the state-wide California Green Business Network, which assists fifty (50) municipal Green Business Programs to deliver funding, marketing, certification and technical services related to energy, water, waste, pollution prevention, and community services. EI also provides comprehensive Green Business Program management on behalf of the Counties of Santa Cruz, Monterey, San Mateo, Alameda, San Benito, and Santa Barbara and the Cities of Carlsbad, Watsonville, and Ventura. We have provided this service for Solano County as funding allows. We have also assisted the San Francisco Department of the Environment and California State University Monterey Bay. As such, we have significant experience in providing education, technical, and financial assistance to small businesses across a range of relevant environmental issues.

Environmental Innovations embraces a Community-Based Social Marketing (CBSM) approach to guide environmental campaign development and educational material creation. By actively engaging with local communities, we identify their unique needs and concerns, along with barriers to adopting environmental behavior. This insight enables us to tailor our campaigns to better resonate with the communities’ specific issues, thereby empowering individuals to make meaningful change.

We are committed to incorporating equity considerations into all of our programs and have extensive experience building local partnerships and providing culturally appropriate and language specific services to the businesses we serve on behalf of our municipal clients.

Please see our references provided herein and feel free to contact any of the relevant client contacts.