c. AGENCY acknowledges that any submittal to the CALTRANS’ Transportation Art Proposal process includes restrictions on the type of work that can be located on California State right-of- way.
35. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, Contractor’s indemnification obligations contained elsewhere in this Agreement, Contractor hereby assumes all risks of the consequences of exposure of Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind or origin. Contractor also agrees to take all appropriate safety precautions to prevent any such exposure to Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. Contractor also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, Contractor also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees.
36. Mandatory Organic Waste Recycling
It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if Contractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, Contractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. Contractor shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from CALTRANS Contract Manager
37. Project Close Out/Closeout Report
a. AGENCY will provide a final close out report to the CALTRANS Contract Manager no later than November 1, 2024.
CALTRANS reserves the right to inspect the project location prior to approving the final invoice and closeout report.
b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt and approval of the final closeout report by the CALTRANS Contract Manager. c. Payments shall be forfeit if invoices are submitted after November 1, 2024. 280
City of Pittsburg
Agreement Number CCL-5127-043
AMS ADV ID: 0422000400
38. ADA Compliance
All entities that provide electronic or information technology or related services that will be posted online by CALTRANS must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention.
39. Prevailing Wages and Labor Code Compliance
AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the AGENCY’s work on or for the Project.
40. In the event of any inconsistency between the provisions which constitute this RGA, the following order of precedence shall apply:
I. This Restricted Grant Agreement (as amended);
II. The CALTRANS Local Grant Program Guidelines;
III. Approved Indirect Cost Rate (if applicable);
IV. Approved Grant Application (as amended); and
V. AGENCY Resolution.
41. Survival
AGENCY’s representations, the indemnification provisions in paragraph 21, intellectual property provisions in paragraphs 30, 31, 32, and 33, and all other provisions which by their inherent character establish ongoing obligations shall remain in full force and effect, regardless of any expiration and/or termination of this RGA.
42. Sanctions
No agreements under this RGA shall be made with individuals and/or entities that are determined to be a target of sanctions by the State of California while such sanctions are in effect.
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City of Pittsburg
Agreement Number CCL-5127-043
AMS ADV ID: 0422000400
Section IV
Attachments:
The following attachments are incorporated into, and are made a part of this RGA by this reference and attached hereto.
I. Grant Program Guidelines
II. Approved Indirect Cost Rate (if applicable)
III. Approved Grant Application and Amendment(s) to Grant Application (if applicable) IV. AGENCY Resolution
In Witness Whereof, the parties hereto have executed this RGA on the day and year first herein above written:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
CITY OF PITTSBURG
By:
By:
Printed Name:
Gretchen Chavez
Printed Name:
Garrett Evans
Title:
Office Chief
Clean California Local Grant Program
Division of Local Assistance
Title:
City Manager
Date:
Date:
By:
Printed Name:
Title:
Date:
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Alice E. Evenson, City Clerk
SUBJECT: Adoption of a City Council Resolution Requesting the Consolidation of the Municipal Election with Other Elections to be Held on Tuesday, November 8, 2022 General Election Date for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Relating to General Law Cities and Levying a Charge and Establishing Word Limitation for Candidates’ Statements MEETING DATE: June 6, 2022
EXECUTIVE SUMMARY
Pursuant to Elections Code Section 10400, et. seq., the City must, at least 88 days prior to the date of the election, file with the Board of Supervisors a Resolution of its governing board requesting the consolidation of elections and setting forth the exact form of any office to be voted upon at the election and establishing the word limitation for candidates’ statements.
FISCAL IMPACT
There is no fiscal impact.
RECOMMENDATION
Adopt the attached Resolution requesting the Board of Supervisors to consolidate the municipal elections with other elections on November 8, 2022 and establishing the word limit and fee for the candidates’ statement. The candidate statement will be directly paid for by the respective candidates wishing to submit statements.
BACKGROUND
In accordance with Elections Code Section 10400, et seq. the City Council is authorized to request consolidation of special elections with other elections to be held at the same time.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
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STAFF ANALYSIS
On November 8, 2022, the offices up for election are:
Three (3) City Council seats
One (1) City Clerk seat
One (1) City Treasurer seat
The recommended word limit for the candidates is 250 words and the estimated fee, as established by the County Elections Office, for printing of the statement, is $800.00, which includes the state mandated dual language translations. Candidate statements over 250 words will double in price. The estimated fee for the candidate statement will be directly paid for by the respective candidates wishing to submit statements at the time of filing.
ATTACHMENTS: Resolution
Report Prepared By: Alice E. Evenson, City Clerk
284
Resolution No. 22- Page 1 of 2 June 6, 2022
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Requesting and Consenting to Consolidation )
of Elections; and Setting Specifications of the ) RESOLUTION NO. 22- Election Order )
WHEREAS, the City Council has ordered a Municipal Election to be held on Tuesday, November 8, 2022, to fill certain municipal offices; and WHEREAS, other elections may be held in whole or in part of the territory of the City and it is to the advantage of the City to consolidate pursuant to Elections Code Section 10002; and
WHEREAS, Elections Code Section 10242 provides that the governing body shall determine the hours of opening and closing the polls; and WHEREAS, Elections Code Section 10002 requires the City to reimburse the county in full for the services performed upon presentation of an invoice to the City by the County Elections Official; and
WHEREAS, Elections Code Section 13307 requires that before the nominating period opens the governing body must determine whether a charge shall be levied against each candidate submitting a candidate’s statement to be sent to the voters; and may establish the cost; and determine whether the cost must be paid in advance; and WHEREAS, Elections Code Section 13307 allows establishment of a word limitation for candidates’ statements; and
WHEREAS, Elections Code Section 12101 requires the publication of a notice of the election once in a newspaper of general circulation in the City; and WHEREAS, tie votes shall be determined by lot unless the City Council adopts the provisions of Elections Code 15651(b) prior to the conduct of the election resulting in the tie vote.
NOW, THEREFORE, IT IS ORDERED AND RESOLVED THAT an election be held in accordance with the following specifications:
1. The Election shall be held on Tuesday, the 8th day of November, 2022. The purpose of the election is to choose successors for the following offices whose terms expire November 2020:
Three (3) City Council Members 4 Year Term
One (1) City Clerk 4 Year Term
One (1) City Treasurer 4 Year Term
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Resolution No. 22- Page 2 of 2 June 6, 2022
2. The City Council hereby requests and consents to the consolidation of this election with other elections which may be held in whole or in part of the territory of the City, as provided in Elections Code Section 10400.
3. The City hereby designates the hours the polls are to be kept open shall be from 7:00 A.M. to 8:00 P.M.
4. The City will reimburse the County for the actual cost incurred in conducting the election upon receipt of an invoice stating the amount due as determined by the elections official.
5. The City Council has determined that the Candidate will pay for the Candidate’s Statement. The Candidate’s Statement will be limited to 250 words. As a condition of having the Candidate’s Statement published, the Candidate shall pay the estimated cost at the time of filing. The City Council hereby establishes the estimated cost for a Candidate Statement as $800. Candidate statements over 250 words will double in price.
6. The City of Pittsburg is to publish the Notice of Election in the East County Times, which is a newspaper of general circulation that is published daily in the City.
7. The City Council hereby determines that in the event of a tie vote the winner shall be determined by lot.
8. The City Council has determined there have been no boundary changes for the district. A shapefile has been forwarded to the County.
9. The City Council directs that a certified copy of this Resolution be forwarded to the Registrar of Voters and to the Board of Supervisors of Contra Costa County.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 6th day of June 2022, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
___________________________
Holland Barrett White, Mayor
ATTEST:
________________________________
Alice E. Evenson, City Clerk
286
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: By Minute Order, Direct Review of City’s Conflict of Interest Code MEETING DATE: June 6, 2022
EXECUTIVE SUMMARY
The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially to determine if it is accurate or, alternatively, that the code must be amended. Once the determination has been made, a notice must be submitted to the code- reviewing body no later than October 1 of even-numbered years.
FISCAL IMPACT
There is no fiscal impact.
RECOMMENDATION
Direct the City Attorney and City Clerk to prepare revisions to the City’s Conflict of Interest Code.
BACKGROUND
The City Council is the code reviewing body for city agencies. The City Council must, no later than July 1, 2022, notify each City agency to review its code and submit a notice to the City Council that either amendments are required or that no amendments are necessary.
SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.
STAFF ANALYSIS
Revisions to the Conflict of Interest Code are necessary. The revised Code must be forwarded to the City Council for approval within 90 days. 287
ATTACHMENTS: Local Agency Biennial Notice
Local Agency Biennial Notice Instructions
Report Prepared By: Amanda McVey, Assistant City Clerk
288
www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)
2022 Local Agency Biennial Notice
Name of Agency:
Mailing Address:
Contact Person: Phone No.
Email: Alternate Email:
Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.
This agency has reviewed its conflict of interest code and has determined that (check one BOX):
q An amendment is required. The following amendments are necessary:
(Check all that apply.)
¡ Include new positions
¡ Revise disclosure categories
¡ Revise the titles of existing positions
¡ Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
¡ Other (describe)
q The code is currently under review by the code reviewing body. q No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 3, 2022, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
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[email protected] 1.866.275.3772 or 916.322.5660
www.fppc.ca.gov FPPC • 076-04.2022 • Page 1 of 1
FAIR POLITICAL PRACTICES COMMISSION
2022 Conflict of Interest Code
Biennial Notice Instructions for Local Agencies
The Political Reform Act requires every local government agency to review its conflict of interest code biennially. A conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (Form 700).
By July 1, 2022: The code reviewing body must notify agencies and special districts within its jurisdiction to review their conflict of interest codes.
By October 3, 2022: The biennial notice must be filed with the agency’s code reviewing body.
The FPPC has prepared a 2022 Local Agency Biennial Notice form for local agencies to complete or send to agencies within its jurisdiction to complete before submitting to the code reviewing body. The City Council is the code reviewing body for city agencies. The County Board of Supervisors is the code reviewing body for county agencies and any other local government agency whose jurisdiction is determined to be solely within the county (e.g., school districts, including certain charter schools ). The FPPC is the code reviewing body for any agency with jurisdiction in more than one county and will contact them.
The Local Agency Biennial Notice is not forwarded to the FPPC.
If amendments to an agency’s conflict of interest code are necessary, the amended code must be forwarded to the code reviewing body for approval within 90 days. An agency’s amended code is not effective until it has been approved by the code reviewing body.
If you answer yes, to any of the questions below, your agency’s code probably needs to be amended.
• Is the current code more than five years old?
• Have there been any substantial changes to the agency’s organizational structure since the last code was approved?
• Have any positions been eliminated or re-named since the last code was approved? • Have any new positions been added since the last code was approved? • Have there been any substantial changes in duties or responsibilities for any positions since the last code was approved?
If you have any questions or are still not sure if you should amend your agency ’s conflict of interest code, please contact the FPPC. Additional information i ncluding an online webinar regarding how to amend a conflict of interest code is available on FPPC’s website.
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