Pittsburg City Council
September 19, 2022

Design Review Guideline Meets Guideline?
Section I: Residential (Single Family/Duplex)

1.a: Reliefs and architectural treatments
should be provided on all building elevations
(360 degree architecture), i.e. 2”x4” (wood or
styrofoam/stucco) window and door reveal
treatment on all building elevations.

Yes. The proposed homes incorporate reliefs
and architectural treatments on all building
elevations.

1.b: Provide concrete and/or tile roof
material. Architectural grade composition
material may be used if rake treatment is
included or roof pitch, greater than 4:12 is
used.

Yes. The proposed homes incorporate tile
roof material.

1.c: Each dwelling unit should be provided
with complete front yard and corner-side yard
xerophytic landscaping and automatic
irrigation.

Yes. The proposed landscaping meets the
standards set forth in PMC Section

18.84.310.

1.d: Required front yards should vary in
depth unless otherwise stated for a proposed
PD (Planned Development) district.

N/A. This guideline does not appear to apply
to PD districts.

1.e: Decorative masonry walls should be
provided between all arterial streets and
future homes.

N/A. No homes are proposed along arterial
streets.

1.f: Roof slopes should be considered
greater than 4:12 unless inappropriate for
architectural style (i.e. Ranch Style, etc.).

Yes. The proposed homes will have a roof
slope of 5:12.

1.g: Provide articulated garage doors on all
garages.

Yes. The proposed homes will have
articulated garage doors.

186
Attachment 8
Development Review Design Guidelines
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)

1.h: Garage doors designs should not be
duplicated. Not less than four styles should
be used in a subdivision.

Yes. There are 12 different color schemes
that the applicant has provided; each has a
different garage door design and color.

1.i: Side-on garages are recommended
intermittently through-out the subdivision (70’
wide lots or greater).

N/A. Seventy-foot wide lots are not proposed
as part of the project.

1.j: Garage frontage should not occupy more
than 60% of allowable lot frontage.

Yes. The applicant has provided four
different floor plans, all of which have a
garage frontage of no more than 60% of the
allowable lot frontage.

1.k: Provide board-on-board fencing on all
side yards and rear yards (excluding side
yards and rear yards adjacent to major
thoroughfares), unless a view corridor is to be
maintained.

Yes. Six-foot-high, wood, board-on-board
fencing will be installed along side and rear
yards, with the exception of Lots 11 – 17,
which will have a rear-yard masonry wall;
Lots 1 and 10 will have a side yard masonry
wall.

1.l: The architectural treatments (such as
sidings, shingles, window, and door trims)
established on the front facades of each of
the approved house designs shall be carried
around to the sides and rear elevations of
the buildings, except that masonry veneer
treatments at the base of a structure need be
carried only partly around the side elevations,
to either the adjoining fence line or the
closest interior right angle joint.

Yes. Architectural treatments on the front
facades of all homes are carried around to
the sides and rear elevations of the buildings.

Section II. Neighborhood / Subdivision Design

2.a: Subdivision entry monuments should be
provided on new major subdivisions,
neighborhoods or villages, if appropriate.

N/A. Given the unique shape of the project
site, an entry monument is not proposed or
appropriate.

187
Attachment 8
Development Review Design Guidelines
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)

2.b: Perimeter wall and/or sound wall
pilasters should not be greater than 50 feet
on center.

Yes. The applicant will provide pilasters with
a decorative concrete cap at intervals of 25
feet or less. A decorative wall cap would also
be provided along each wall.

2.c: Sound walls exceeding 6 feet in height
and visible from the public right-of-way
should be treated with decorative features
consistent with the neighborhood design.

2.d: All masonry walls should include a wall
cap.

2.e: Retaining walls, exceeding three feet tall,
adjacent to a public right-of-way should be
constructed with the same materials as used
for the sound walls.

N/A. No retaining walls are proposed in the
plan set.

2.f: Masonry or sound walls should be
staggered when adjacent to public right of
ways.

N/A. No masonry or sound walls are adjacent
to the public right of way.

2.g: Single story units should be located on
corner lots whenever possible.

N/A. None of the 17 units are single-story.

2.h: Developer should select, at least one of
the schemes provided in Appendix 1 of the
DRDGs for screening all utility boxes,
transformers, backflow preventers, meters
and junction boxes.

Conditionally. A condition of approval would
require all utility boxes and/or transformers to
be undergrounded. Where undergrounding is
deemed infeasible or not recommended by
Pacific Gas & Electric (PG&E), utility boxes
and/or transformers would be masked by
either faux stone utility box covers or a
landscape screen.

2.i: Construct fence/walls at top-down slope
banks. Design fence at top of slope to take
advantage of potential views.

N/A. The site is relatively flat and will not
require fences/walls at top-down slope
banks.
188
Attachment 8
Development Review Design Guidelines
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)

2.j: Dwelling unit driveways should align with
on-coming street at three-way intersections
when possible.

N/A. The development does not include any
three-way intersections.

2.k: Existing trees which have greater than a
nine (9) inch trunk caliper should be
incorporated into the design of project.

There are five existing palm trees and seven
existing Callery Pear trees on the project site
which do not meet the definition of a
“protected tree.” To allow for sufficient
access, the five palm trees will be removed.

To allow for construction of a sidewalk, the
seven Callery Pear trees will be removed.

2.l: Landscaped portions of set-backs,
excluding sidewalk along public streets,
should not be less than the height of the
fence or sound wall.

Yes. Landscaped portions of front and side
yards are not less than the height of the
fences or sound walls.

2.m: Landscaping areas shall not be less
than three feet wide, between the curbs.

Yes. Landscaping areas are not less than
three ft. wide, between curbs.

2.n: Subdivision perimeter walls should be
minimized. Install wrought iron fencing at
open end of cul-de-sacs, parks and open
space.

N/A. Use of sound walls is required per
conditions of approval. No cul-de-sacs, parks
or open space is proposed as part of the
project.

Section VI. Green Building Design Guideline

6.A.1: Solar energy systems should be an
option to the homebuyer by the builder.

Conditionally. A condition of approval would
require the developer to include, as part of
the options package for buyers of single-
family houses in the subdivision, an option
that offers pre-wiring of the house for
photovoltaic (solar) panels.

6.A.2: For homes without solar energy
systems, green roofs or cool roofs, roofing
should include the following features:
a) A minimum of 300 square feet of
unobstructed roof area facing within
30 degrees of south.

b) South facing sloped roofs should be
at an angle of approximately 38
degrees.
189
Attachment 8
Development Review Design Guidelines
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)

6.A.3: The external design of homes should
feature up to date energy efficiency
technologies:
a) For infill housing, homes without solar
energy systems should be covered
with a cool roof.

b) Roof overhangs should be sized to
block the high summer sun but allow
the lower winter sun to enter windows.

Conditionally. The project is required to
meet the Residential Mandatory Measures
specified under the 2019 California Green
Building Standards Code, Part 11. A
condition of approval would be included
requiring the developer to implement
additional Residential Voluntary Measures,
including cool roofs for reduction of heat
island effect.

6.A.4: Deciduous trees of approved native
species should be planted to the south and
west of the home to shade the home during
summer and allow solar heat gain during
winter.

Yes. The proposed landscaping meets the
standards set forth in PMC Section

18.84.310.

6.A.5: Secure and convenient storage for at
least two bicycles should be provided.

Yes. The project would provide two, wall-
mounted bicycle racks in each garage for
secure parking.

6.A.6: Outdoor design and features should
maximize landscaping water conservation.

Yes. The project would provide drought-
tolerant landscaping, including shrubs,
drought-tolerant ground cover and bark.

6.B.1: Non-invasive, drought tolerant shade
trees should be planted in the landscaping
strips that are located between curb and
sidewalk such that tree canopies will shade
as much street surface as possible. Shade
trees should be selected and placed so that
they will not block solar access to
neighboring structures’ south-facing roofs.

Yes. Non-invasive, drought tolerant trees will
be used for landscaping and are placed to
shade as much street surface as possible.

6.B.2: Streetlights and street trees should be
spaced so that street lighting is not blocked
and made less effective by street trees.

N/A. As a Condition of Approval, the
Developer will provide a photometric graph
and table to determine the appropriate
streetlight spacing for the project.
190
Attachment 8
Development Review Design Guidelines
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)

6.B.3: Subdivisions should be designed to
maximize potential solar energy generation
Yes. The project includes, as part of options
package for buyers of single-family houses in
the subdivision, an option that offers pre-
wiring of the house for solar panels compliant
with the 2019 California Energy Code.

6.B.4: Subdivisions should be designed
around common open space areas that
promote neighborhood community building.

Such open spaces can include bicycle and
pedestrian only plaza spaces, community
garden spaces, or vegetated open space.

Privately maintained open space should total
¾ acres for every square mile or portion
thereof, with a minimum of ¾ acres for any
project greater than 12 acres No individual
privately maintained common open space
location should be smaller than ¼ acre.

N/A. No common open space areas are
provided as part of the proposed subdivision.

6.B.5: Vehicular Connectivity: Local streets
should form a well-connected network that
provides for safe, direct, and convenient
vehicular access.

Yes. Central Avenue is part of a well-
connected street network.

6.B.6: Bicycle/Pedestrian Connectivity:

Subdivisions should include a designated
pedestrian route interconnecting all internal
uses, site entrances, primary building
entrances, public facilities, and adjacent uses
to existing external bicycle and pedestrian
facilities and streets.

Yes. A Class II bike path is provided along
Central Avenue.
191
Attachment 8
Development Review Design Guidelines
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)

6.B.7: New streetlight electrical grid systems
should be planned to supply future curbside
electric vehicle charging stations. A 220/240V
electrical supply should be extended to
curbside spaces. The conduit should connect
to an installed charging unit or an electrical
pedestal or a well where a charging station
may be installed in the future. Spacing of
charging units, pedestals, or wells should be
at least one per 50 potential curbside parking
spaces in residential subdivisions.

N/A. The project does not allow curbside
parking nor does the project consist of more
than 50 parking spaces.

192
Attachment 9
Applicable General Plan Goals and Policies
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)

General Plan Goal/Policy Analysis
Land Use Element:
2-G-1: Maintain a compact urban form within the City’s
projected municipal boundary. Ensure that hillside lands not environmentally suitable for development are
maintained as open space.

Consistent. The proposed project would be constructed
on an infill site.
2-G-4: Provide a range of development intensities, with the highest intensities in Downtown and in areas
accessible to transit and services, and lower intensities in hillsides and at the City’s southern edge.

Consistent. The project site is within a half-mile distance of the Pittsburg Center BART station and a quarter-mile of two bus stops located near the intersections of Railroad Avenue/Central Avenue and Harbor Street/Central
Avenue (Tri Delta Transit Routes 381 and 387).

2-G-5: Promote a diversity of housing types, including
opportunities for hillside estate development, as well as smaller lot, infill, and high-density housing.

Consistent. The proposed project would provide infill,
single family development on smaller lots ranging from
2,150 (smallest lot size) to 3,649 sq. ft. (largest lot size). 2-P-5: Undertake planned development as a means to
achieve high community design standards, not to
circumvent development intensity standards.

Consistent. The proposed project will utilize a PD zoning, in part, to achieve a high-quality design outcome.

Growth Management:
3-P-1: Allow urban and suburban development only in
areas where public facilities and infrastructure (police, fire, parks, water, sewer, storm drainage, and community
facilities) are available or can be provided.

Consistent. The proposed project will be built in an area where public facilities and infrastructure are already
available.
3-P-2: Prior to project approval, ensure that the existing and planned transportation system will have adequate
capacity to accommodate new urban development.

Consistent. Residents of the proposed development will
have multiple transportation options available to them as the site is located near BART, Tri-Delta Transit, and
bicycle lanes.

3-P-5: As part of development review, require preparation of a traffic impact study for all development projects
expected to generate more than 100 net new peak hour
vehicle trips. Ensure that traffic impact studies are
prepared by professional transportation consultants
selected and hired by the City, but require that project proponents pay all fees associated with development of
such studies.

Consistent. The developer was not required to prepare a traffic impact study because the proposed project is
expected to generate under 100 net new peak hour trips.

3-P-13: Review and update the City’s transportation
impact fee schedule, requiring developers to pay the costs necessary to mitigate impacts of their development
projects on the local and regional transportation system.

Consistent. The proposed project will pay its share of the costs for the construction of facilities needed to serve the development. Conditions of approval will require payment of the Facilities Reserve Charge, Local Traffic Mitigation Fee (LTMF), and Regional Transportation Development
Impact Mitigation Fee (RT-DIM) in accordance with the
Pittsburg Municipal Code.

193

3-P-17: As part of development approval, ensure that safe and contiguous routes for pedestrians and bicyclists are provided within new development projects and on any
roadways that are impacted as a result of new
development.

Conditionally Consistent. Residents of the proposed
development will be able to utilize the existing Class II bicycle lane along Central Avenue.

Downtown Element
5-G-2: Promote the development and intensification of the Downtown commercial core as both a visitor destination
and a neighborhood retail center. Encourage a critical
mass of visitor-oriented retail businesses, such as gift shops and galleries, as well as neighborhood retail and personal services.

Consistent. The proposed project will promote the
development and intensification of the Downtown
commercial core as neighborhood retail center by
increasing the demand for retail and other amenities.

5-G-4: Establish a Downtown population goal of at least 7,000 to provide vitality and support a vibrant
neighborhood commercial center.

Consistent. The proposed project will add approximately 55 people (17 units at 3.27 people/unit). The additional population will help further support a vibrant neighborhood commercial center.

Transportation Element
7-G-15: Encourage walking as a regular means of
transportation for people who live within a half-mile walk of school, work, or routine shopping destinations.

Consistent. The proposed project will encourage walking as a regular means of transportation due to the site’s
proximity to various amenities. The project site is within a half-mile distance of Marina Vista Elementary School,
Pittsburg High School, City Park, John Buckley Square,
the Pittsburg Center BART station, and the Downtown
commercial core.

7-P-2: Use the adopted Regional and Local
Transportation Impact Mitigation Fee ordinances to
ensure that all new development pays an equitable pro-
rata share of the cost of transportation improvements.

Consistent. The proposed project would be required to
pay all building permit and impact fees associated with residential development.
7-P-34: As part of development approval, ensure that safe and contiguous routes for pedestrians and bicyclists are provided within new development projects and on any
roadways that are impacted as a result of new
development.

Consistent. There is an existing Class II bicycle lane
along Central Avenue.

Resource Conservation Element
9-G-7: Comply with Regional Water Quality Control Board regulations and standards to maintain and improve the
quality of both surface water and groundwater resources.

Consistent. The proposed project will comply with
conditions of approval requiring submittal of a copy of the Notice of Intent (NOI) submitted to the State Water
Resources Control Board for coverage under the
Construction general Permit. Additionally, in accordance with the Memorandum of Understanding executed with
the City on May 16, 2016, and amended December 12,
2019, the applicant will use offsite mitigation credits in lieu of constructing low impact development (LID) stormwater facilities within the project site.

9-P-22: Continue working with the Regional Water Quality Control Board in the implementation of the National
Pollutant Discharge Elimination System (NPDES), with
specific requirements established in each NPDES permit. 194

Health and Safety Element
10-G-8: Ensure that new development mitigates impacts
to the City’s storm drainage capacity from storm water
runoff in excess of runoff occurring from the property in its undeveloped state.

Consistent. The project will comply with conditions of
approval requiring implementation of a Storm Water
Control Plan in compliance with the requirements set forth in the City’s most current NPDES permit.
10-P-39: Strive to maintain a ratio of 1.8 sworn police officers per 1,000 residents.

Consistent. The project site will be annexed into the
City’s CFD 2005-1 for police and other emergency
services

Public Facilities Element
11-G-2: Continue to implement water conservation
policies to ensure adequate supplies of water in the
future.

Consistent. The proposed project is required to meet the 2019 California Green Building Standards Code, Part 11.

Residential Mandatory Measures sections 4.303 and

4.304 require water conserving plumbing fixtures and
fittings and water efficient landscaping.

11-P-7: Ensure that new residential, commercial, and
industrial development equitably shares costs associated with providing water services to areas of urban expansion within the Planning Area.

Consistent. The proposed project will equitably share the costs associated with providing water and wastewater
services to the subdivision through payment of the
Pittsburg Facilities Reserve Charge.
11-P-18: Ensure that new residential, commercial, and
industrial development equitably share costs associated with providing wastewater services to areas of urban
expansion within the Planning Area.

Noise Element
12-P-6: Ensure that new noise-sensitive uses, including schools, hospitals, churches, and homes, in areas near
roadways identified as impacting sensitive receptors by producing noise levels greater than 65 dB CNEL (Figure
12-1), incorporate mitigation measures to ensure that
interior noise levels do not exceed 45 dB
CNEL.

Consistent. The proposed project will provide sound
walls along the north and south property lines and will also comply with conditions of approval requiring upper- floor windows of residences adjacent to the UPRR tracks (homes on Lots 11-14) to be upgraded to a Sound
Transmission Class (STC) rating of 32. The proposed
sound walls and upper-story windows will help ensure
interior noise levels do not exceed 45 dB CNEL.

Housing Element
P-1.1 B: Ensure there is an adequate supply of mixed use and residentially zoned land of appropriate densities to accommodate existing and anticipated housing needs
through 2022. Rezone vacant/underutilized land that is
deemed appropriate for mixed use or residential/higher- density residential use.

Consistent. The project site being rezoned is vacant,
underutilized, and appropriate for higher-density
residential use given its proximity to schools, parks,
transit, and commercial amenities.

P-1.2: Encourage the construction of both high end and
moderate-income housing in the southern foothills,
downtown, along the waterfront, and throughout Pittsburg to provide above moderate-income housing opportunities
in the community and to increase economic activity within the city.

Consistent. The proposed project will provide market-
rate housing near the Downtown and increase demand for
economic activity in nearby shopping centers.

195

P-1.5: Encourage the construction of accessory dwelling units or “second units” that allow extended families to live near each other, increase the affordable and rental
housing stock, and provide income assistance to
homeowners.

Consistent. The proposed project will provide two single- family homes with accessory dwelling units that would
allow extended families to live near each other, increase the affordable and rental housing stock, and provide
income assistance to homeowners.

P-1.6: Meet Pittsburg’s fair share regional housing needs [allocation].

Consistent. The proposed project will help attain the
City’s Regional Housing Needs Allocation for moderate
and above-moderate income households

P-5.1: Enhance the quality and variety of new home
designs and home additions to ensure an attractive living environment.

Consistent. The proposed project will comply with the
City of Pittsburg Development Review Design Guidelines
(DRDGs) and conditions of approval requiring
construction of quality home designs to ensure future
residents will enjoy an attractive living environment.

196

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Approving the 2021-2022 Community Development Block Grant Consolidated Annual
Performance and Evaluation Report
MEETING DATE: September 19, 2022

EXECUTIVE SUMMARY
The Housing and Community Development Act of 1974, as amended, requires all Community Development Block Grant (CDBG) entitlement jurisdictions to prepare and submit a Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S.

Department of Housing and Urban Development (HUD) by September 30th of each year.

The CAPER is a “report card” that documents how well the City met its goals during the period of July 1, 2021 through June 30, 2022 (Program Year) in helping low to moderate income residents of Pittsburg with a variety of services and improvements utilizing CDBG funds.

FISCAL IMPACT
The CDBG program is a federally funded program. Activities and staffing expenses associated with the program are paid by HUD.

RECOMMENDATION
City Council open the public hearing considering the 2021-2022 CAPER, receive testimony, close the public hearing, consider the public comments, and adopt the Resolution approving the 2021-2022 CAPER for submission to HUD.

BACKGROUND
HUD regulations require the City to submit the CAPER to report on the CDBG activities and programs undertaken during the Program Year. These activities were previously approved on May 3, 2021 by Resolution 21-13927 in the 2021-2022 Annual Action Plan. 197
The CAPER provides a concise summary of the CDBG funding available and expended in the Program Year. These monies funded activities and programs that address the priority needs and specific objectives identified in the Contra Costa Consortium 2020-2025 Consolidated Plan (2020-2025 Consolidated Plan) and those that met the national objectives and community development goals.

As required, the CAPER consists of specific program narratives, an assessment of annual performance, and an assessment of progress toward meeting goals and objectives contained in the 2020-2025 Consolidated Plan. In addition, the CAPER provides the number of people assisted with CDBG funding in the Program Year, amount of funds budgeted and used for approved activities and programs, and actions by the City to affirmatively further local and Contra Costa County Consortium objectives.

SUBCOMMITTEE FINDINGS
The CAPER for fiscal year 2021-2022 was not discussed in a subcommittee.

STAFF ANALYSIS
The preparation of the CAPER consists of an analysis of the year-end reports submitted by the subrecipients. These reports provide a summary of each subrecipient’s program goals accomplished, problems encountered, and success stories.

Activities undertaken during the Program Year consist of the following:
• $93,775 was expended by five (5) agencies funded under the Public Services category. The Public Service activities funded included programs catering to youth, homeless and people without medical insurance to improve accessibility to services for Pittsburg residents. A total of 1,850 low income residents were served. • $50,600 was expended towards Economic Development activities that provide job training and placement along with programs that assist micro-enterprises. A total of 25 low income residents were served.
• $226,740 was expended towards Infrastructure and Public Facilities improvements that included installation of 38 curb ramps in target areas to improve accessibility.

• $13,275 was expended under the Housing Rehabilitation program which $10,000 was funded by CDBG funds and $100,000 was funded by Cal-Home funds. A total of three (3) applicants went through the review process. However, only two (2) residents received a loan for the rehabilitation of their home. Below are the results of all applicants reviewed:
o 1 applicants carried over to program year 2022-2023.
o 2 applicants received loans.
• $120,840 was expended for Program Administration and Planning.

The City utilized its CDBG funds to assist low to moderate income residents. The targeted total persons or households to be served were 4,974 during the Program Year. The year- end total number of persons or households served were 5,622. CDBG funds allow the City to create a more livable, better functioning, and attractive community for its residents. 198
As required, the public comment period commenced on September 2, 2022 and ended on September 18, 2022. Copies of the draft 2021-2022 CAPER were made available for review online on the City’s website. Interested parties were encouraged to send comments on the draft 2021-2022 CAPER during the comment period.

ATTACHMENTS: Resolution
Draft CAPER
Report Prepared By: Melaine Venenciano, Senior Administrative Analyst 199
Resolution 22 - Page 1 of 2 September 19, 2022

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Adoption of a City Council Resolution Approving) RESOLUTION NO. 22- The 2021-2022 Community Development Block )
Grant Consolidated Annual Performance and )
And Evaluation Report )
WHEREAS, the Housing and Community Development Act of 1974, as amended, requires all Community Development Block Grant (CDBG) entitlement jurisdictions to prepare and submit a Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development (HUD) by September 30th of each year; and
WHEREAS, the CAPER is a “report card” that documents how well the City met its goals during the period of July 1, 2021 through June 30, 2022 (Program Year) in helping low income residents of Pittsburg with a variety of services and improvements utilizing CDBG funds; and
WHEREAS, the CAPER provides a concise summary of the CDBG funding available and expended in the Program Year; and
WHEREAS, these monies funded activities and programs that address the priority needs and specific objectives identified in the Contra Costa Consortium 2020-2025 Consolidated Plan (2020-2025 Consolidated Plan) and those that met the national objectives and community development goals; and
WHEREAS, the CAPER consists of specific program narratives, an assessment of annual performance, and an assessment of progress toward meeting goals and objectives contained in the 2020-2025 Consolidated Plan; and
WHEREAS, the CAPER provides the number of people assisted with CDBG funding in the Program Year, amount of funds budgeted and used for approved activities and programs, and actions by the City to affirmatively further local and Contra Costa County Consortium objectives; and
WHEREAS, the City complied with public participation requirements by soliciting comments and holding a public hearing on September 19, 2022; and WHEREAS, the City will submit a final version of the CAPER, incorporating all public comments received to HUD on or before September 30, 2022.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the 2021-2022 CAPER.

200
Resolution 22 - Page 2 of 2 September 19, 2022
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 19th day of September 2022, by the following vote AYES:

NOES:

ABSTAINED:

ABSENT:
___________________________
Holland Barrett White, Mayor
ATTEST:
________________________________
Alice E. Evenson, City Clerk
201
CAPER 1
OMB Control No: 2506-0117 (exp. 07/31/2015)
2021-2022
DRAFT
Community Development
Block Grant
Consolidated
Annual Performance
and Evaluation Report

City of Pittsburg
65 Civic Avenue
Pittsburg, CA 94565
Duns Number: 1979275128
SUBMITTED TO HUD ON SEPTEMBER _________
Public Review and Comment Period:

September 2– September 18, 2022
202
CAPER 2
OMB Control No: 2506-0117 (exp. 07/31/2015)

CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.

91.520(a)
This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.

This Consildated Annual Performance and Evaluation Report CAPER) covers the accomplishments under the Community Development Block Grant (CDBG) program for the period of July 1, 2021 to June 30, 2022 (Program Year). It is the City’s goal to utilize CDBG funds to improve the quality of life for Pittsburg residents; especially the low and moderate income population.

Activities undertaken during the Program Year consist of the following:
• $93,775 was expended by five (5) agencies funded under the Public Services category. The Public Service activities funded included programs catering to youth, homeless and people without medical insurance to improve accessibility to services for Pittsburg residents. A total of 1,850 low income residents were served.

• $50,600 was expended towards Economic Development activities that provide job training and placement along with programs that assist micro- enterprises. A total of 25 low income residents were served.

• $226,740 was expended towards Infrastructure and Public Facilities improvements that included installation of 38 curb ramps in target areas to improve accessibility.

• $13,275 was expended under the Housing Rehabilitation program which $10,000 was funded by CDBG funds and $100,000 was funded by Successor Agency funds. A total of three (3) applicants went through the review process. However, only two (2) residents received a loan for the rehabilitation of their home. Below are the results of all applicants reviewed:

o 1 applicants carried over to program year 2022-2023. o 2 applicants received loans.

• $120,840 was expended for Program Administration and Planning.

The City utilized its CDBG funds to assist low to moderate income residents. The targeted total persons or households to be served were 4,974 during the Program Year. The year-end total number of persons or households served were 5,622. 203
CAPER 3
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CDBG funds allow the City to create a more livable, better functioning, and attractive community for its residents.

As required, the public comment period commenced on September 2, 2022 and ended on September 18, 2022. Copies of the draft 2021-2022 CAPER were made available for review online on the City’s website. Interested parties were encouraged to send comments on the draft 2021-2022 CAPER during the comment period.

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Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)

Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.

Goal Category Source /
Amount
Indicator163 Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected –
Program
Year
Actual –
Program
Year
Percent
Complete
AH 1 - Housing
Rehabilitation Affordable Housing CDBG:
$50,000
Homeowner
Housing
Rehabilitated
Household
Housing Unit 15 4 26.66% 3 2 66.66%
CD-1 General Public
Services
Non-Housing
Community
Development
CDBG:
$152,237
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 6370 1529+1707 50.80% 1105 1707 154.00%
CD-3 Youth
Non-Housing
Community
Development
CDBG:
$102,000
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 675 142+123 39.25% 215 123 57..20%
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CD-6 Economic
Development
Non-Housing
Community
Development CDBG:
$200,000
Public service
benefits other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 5 2 40.00% 1 1 100.00%
CD-6 Economic
Development
Non-Housing
Community
Development
Businesses
assisted
Businesses
Assisted 225 36+25 27.11% 21 25 119.00%
CD-7
Infrastructure/Public
Facilities
Infrastructure/Public
Facilities
CDBG:
$1,032,508
Public Facility or
Infrastructure
Activities other
than
Low/Moderate
Income Housing
Benefit
Curb Ramp
Installation 70 28+38 94.28% 22 38 172.00%
H 1 - Shelter for
Homeless Population Homeless
CDBG:
$157,762

Public service
benefits other
than
Low/Moderate
Income Housing
Benefit
Other 0 0 0

CORE NOT

FUNDED BY
CDBG0
0 .00%
H 1 - Shelter for
Homeless Population Homeless
Homeless
Person
Overnight
Shelter
Persons
Assisted 75 11?+21 42.66% 15 21 140.00%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date 206
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Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.

The 20 20-2025 Consolidated Plan identifies a list of housing and community development needs. A Strategic Plan was produced to establish the priority of needs and objectives specific to Pittsburg. The objectives are intended to meet the identified priority needs. There were three priority needs category identified in the 2020-2025 Consolidated Plan:
• Affordable Housing – It is a priority to maintain and preserve the existing affordable housing stock, including single family residences owned and occupied by lower-income households, multi-family units at risk of loss to the market, and housing in deteriorating or deteriorated lower income neighborhoods.

During the Program Year, $13,275 was expended under the Housing Rehabilitation program which $10,000 was funded by CDBG funds and $100,000 was funded by Successor Agency funds. The Housing Rehabilitation Program provides low-interest rehabilitation loans to Pittsburg homeowners for the purpose of improving their property.
• Maximum loan available is $30,000.
• Health and safety hazards will be given top priority for consideration in the program.
• Loan funds may be used for various improvements, but are required to fall under the category of health and safety, property maintenance, functional obsolescence, energy efficiency, or removal of architectural barriers for the disabled. Common repairs permitted under this loan program include, but are not limited to: new roofs and gutters; electrical and plumbing upgrades; and installation of ramps and grab bars.
• Non - Housing Community Development - Non-housing community development needs are those public service, infrastructure, economic development, and other development needs in the community that have an important impact on the living conditions of Pittsburg residents.

A total of $ 371,115 was expended towards the public service, economic development, and infrastructure categories.

The purpose of addressing a community’s non -housing needs, in addition to its housing needs, is to help create more livable, better functioning, and more attractive 207
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communities by integrating economic, physical, environmental, community, and human development programs in a comprehensive and coordinated fashion so that families and communities can thrive while working together.

Disability Data – Subrecipients that were funded in program year 2021 do not specifically serve disabled persons only. Rather Pittsburg funds programs that serve residents who may be disabled such as the construction of curb ramps for accessibility in certain census tracts, St. Vincent de Paul RotaCare, and Loaves and Fishes who serve a population that may include mentally disabled persons. If an agency that specifically serves disabled persons is funded in future fiscal years, such data will be reported by the subrecipient and will be included in future CAPERs.
• Homeless Strategy - Homelessness is a result from a combination of factors related to the socioeconomic systems and personal and familyissues. The City is committed to working with the County Continuum of Care (CoC) in its effort to reduce homelessness throughout the county.

The City understands that homelessness is a regional issue . Therefore, sharing pooled resources provides a more effective method in addressing a regional issue. Health, Housing, and Homeless Services (H3) is the administrator for the Contra Costa Homeless Continuum of Care (CoC), a collaborative of local agencies that addresses housing and homelessness in the county. As the administrator, H3 provides strategic direction and coordination of funding and programmatic oversight of CoC programs. As the CoC lead agency, H3 is responsible for:
•advancing partnerships with service providers, community leaders, and stakeholders;
• building capacity with local and federal resources;
• implementing and managing CoC initiatives;
• administering the Coordinated Entry System (CES);
• maintaining the Homeless Management Information System (HMIS); • coordinating CoC funding and programmatic oversight; and, • measuring and reporting outcomes through HUD Performance Measures and evaluation efforts.

During the Program Year , meetings with various partners have resumed slowly to ensure services continue to serve the homeless population. C ty staff has monthly 208
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meetings with County staff to ensure it is kept abreast of the homeless strategy in the county in order to make a positive impact. A total of $22,999 of CDBG funds were expended towards the Winter Nights Emergency Family Shelter and Safe Parking Program. Winter Nights is an emergency shelter for homeless families supported by hundreds of volunteers from member faith communities throughout central Contra Costa County. Beginning in October and open until June, the shelter location moves from congregation to congregation every two weeks during the cold winter months.

The City currently has a dedicated Coordinated Outreach Referral and Engagement (CORE) team sponsored by Contra Costa County (County) that cost approximately $200,000 annually. The County offered full sponsorship for two (2) fiscal years to address the impacts on the community of the County’s acquisition and conversion of Motel 6 as a permanent homeless shelter under Project Home Key. The CORE team connects the homeless and transitional age youth living on the streets or in encampments to navigation centers, housing, and supportive services, and is the first point of entry to the County’s Coordinated Entry system.

The City also works wit h the CoC by having one Pittsburg Police Officer assigned on the Mental Health Evaluations Team (MHET) and by supporting the Health Care for the Homeless Team. MHET assists persons who recently had a mental health crisis by linking them to services to diminish the likelihood of another crisis.

During the three years since the 2019 homeless point-in-time count, Contra Costa Health (CCH) and community partners have added hundreds of shelter beds across the county, a 30% increase. The County's 2022 point -in-time count, estimates that 3,093 people are staying in shelter beds or living outdoors on an average night in Contra Costa, compared to 2,295 in 2019. On the night of the 2022 point -in-time count, there were 221 unsheltered people in Pittsburg compared to 128 in 2019.

The site at 2101 Loveridge Road in Pittsburg was previously a Motel 6 was used since the beginning of the COVID -19 pandemic as a non -congregate emergency shelter for county residents with funding from the State's Project Roomkey program.

The Project Homekey award allowed Contra Costa County to negotiate the purchase of the motel and provide the necessary renovations to make a state-of-the-art interim housing facility with services such as basic healthcare, housing navigation and case management provided on site.

The previous Motel 6 is now a 172-unit interim housing site called Delta Landing and was among the first in California to open thanks to the State's Homekey program to 209
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build and sustain housing for residents experiencing homelessness. Delta Landing, recipient of a $21.5 million Homekey grant in 2020, opened in early 2022 after extensive site renovation. In addition to new paint, roof, furnishings, laundry and fire sprinkler system, clients can make use of a new wellness center for physical and behavioral health needs and co -located services to help them regain permanent housing.

To help bring more affordable housing to Contra Costa, the board established the Local Housing Trust Fund with $10 million from Measure X, the countywide sales tax that began in 2021. Measure X funds will contribute $12 million annually to the fund, administered by county a gencies in part to support acquisition, construction, preservation, and rehabilitation of affordable housing in the county.

Project Homekey will fund $4.196 million toward operation of Delta Landing, a permanent service facility that will help county resid ents transition into stable living situations and is managed by Bay Area Community Services (BACS), a contractor of a Health, Housing, and Homeless Services (H3).

City staff participates in a monthly meeting with staff from the Continuum of Care (CoC), the H3 as well as BACS. H3 provides advice on the operations of homeless services, program operations, and program development efforts in the county to strategically plan to prevent and end homelessness. Together, all agencies are working collaboratively to ensure homeless services are available while minimizing negative impacts to the community.

CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).

91.520(a)
CDBG
White 407
Black or African American 63
Asian 15
American Indian or American Native 7
Native Hawaiian or Other Pacific Islander 20
American Indian/White 1
American Indian/Black 1
Asian/White 1
Black/White 2
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Other 95
Total 611
Hispanic 444
Not Hispanic 167
Table 2 – Table of assistance to racial and ethnic populations by source of funds

Low mod area benefit consists of those persons in the census tracts served by Loaves and Fishes and by the installation of ADA ramps:

Loaves and Fishes 1265
ADA Ramps Installation 3745

Limited English Proficiency (LEP) - In order to better serve Pittsburg’s LEP residents, the City has a Language Assistance Plan (LAP). The LAP was updated in 2017 to encourage involvement and participation by LEP persons in p rograms or activities that are HUD funded. According to the 2017 American Factfinder Community Survey, approximately 17.2% of Pittsburg’s population is Asian. However, the individual percentages of the ethnicities that make up the Asian category are less than 5%, with the exception of the Filipino community. Staff solicits participation during the CAPER, Consolidated Plan and Annual Action Plan process by posting the public hearing notices in English, Spanish and Tagalog.

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CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG Public – Federal $666,788 $501,955
Table 3 – Resources Made Available

Identify the geographic distribution and location of investments Target Area Planned Percentage
of Allocation
Actual Percentage of
Allocation
Narrative Description
City of Pittsburg 100 100 Citywide
Table 4 – Identify the geographic distribution and location of investments

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Leveraging
Explain how Federal funds leveraged additional resources (private, State and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.

The City leverages Federal, State, and local resources to the greatest extent feasible to assists with the needs identified in the 2020-2025 Consolidated Plan.

The City’s Police Department receives the following grants which enables the City to carry out a wide range of community development activities directed toward revitalizing neighborhoods and developing viable urban communities by providing a suitable living environment for low- and moderate-income households. • OTS DUI Grants - $90,000
• Tobacco Grant (three years) - $687,963
• Edward Byrne Memorial Justice Assistance - $30,284
• COPS Grant (three years) – $125k for three years. This is the third year and was only funded $21,486 so $103,514 remaining in FY2023 • Supplemental Law Enforcement Program - $100,000/annually The City of Pittsburg’s 5-Year Capital Improvement Program (CIP) is a multi-year planning instrument for construction of new facilities and infrastructure, and for the expansion, rehabilitation, or replacement of existing City-owned assets. The 5- Year CIP is developed by City Staff and is adopted by the City Council as a guide for prioritization of various projects to accomplish community goals. The CIP is updated regularly to reflect changing priorities and funding availability, and to remove projects that have been completed.

This 5-Year CIP for Fiscal Year (FY) 2021/22 through FY 2025/26 includes 240 projects with a total estimated cost of $433,469,449 for the benefit of the residents of Pittsburg, and projects proposed by Pittsburg Power Company at the Island Energy facility on Mare Island in Vallejo. Each of the proposed projects meets one or more of the following criteria:
• Elimination of potentially hazardous or unsafe conditions and potential liability • Replacement of high-maintenance, inefficient or ineffective infrastructure • Improvement to and/or creation of new services to the public • Compliance with regulatory requirements and mandates
• Stimulation of the local economy and elimination of blighted conditions 213
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• Compliance with the City of Pittsburg General Plan
• Preservation of existing assets
The schedule and prioritization of CIP projects are based on available funding, public benefit, and funding restrictions. Staff has solicited comments from department management and other City staff to evaluate projects proposed for inclusion in the CIP. All of the projects on the list have been evaluated and ranked.

Funding that is proposed for the projects listed are according to their priority ranking or available funding. Staff obtains funding projections and available funding for current and future projects from the City’s Finance Department and applies them to the CIP accordingly. These projects will receive further evaluation in the next 5-Year CIP update planned for FY 2022/23.

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CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.

Number of households to be supported One-Year Goal Actual Homeless No goal identified in the
Program Year.

Not applicable.

Non-Homeless No goal identified in the
Program Year.

Not applicable.

Special Needs No goal identified in the
Program Year.

Not applicable.

Total
Table 5- Number of Households

Number of households supported through One-Year Goal Actual Rental Assistance 0 0
The Production of New Units 0 0
Rehab of Existing Units 3 2
Acquisition of Existing Units 0 0
Total 3 2
Table 6 - Number of Households Supported

Discuss the difference between goals and outcomes and problems encountered in meeting these goals.

In an effort to produce affordable housing, Pittsburg is part of the HOME Consortium with Contra Costa County. The purpose of the HOME program is to expand the supply of decent, safe, sanitary, and affordable housing for very -low and low-income households.

HOME funds may be used for projects to acquire, rehabilitate, and construct housing for lower-income households in the Consortium area. HOME funds cannot be used for half - way houses or student housing. HOME funds are typically only eligible for new HOME projects. Except in rare circumstances, it is not permissible to invest additional HOME funding during the HOME affordability term into a project that has previously been awarded funds. The HUD HOME term for new construction projects is 20 years and up to 15 years for acquisition/rehabilitation projects.

Goals:
1)Increase Affordable Rental Housing Supply. Expand housing opportunities for extremely low-income, very low -income, and low -income households by increasing the supply of decent, safe, and affordable rental housing.
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The Atchison Mixed-Use Development which is currently being constructed consist of 202 residential units plus 13,669 commercial space complex will have 100 apartment units for very low-income households earning 50% of area median income (AMI) and 100 units for low -income households earning 70% of AMI. The remaining two units would be occupied by property managers. Apartment rents could range from $1,085 to $1,519 for a studio; $1,162 to $1,627 for a one -bedroom unit; and $1,395 to $1,953 for a two - bedroom unit.

Another housing project that is currently in construction is Beacon Villas which consist of fifty-three (53) units with rents ranging from 50%-70% of AMI. 2) Increase Affordable Supportive Housing Supply. Expand housing opportunities for persons with special needs, including seniors, persons with disabilities, persons with HIV/AIDS, veterans, and the homeless, by increasing appropriate and supportive housing.

Veterans – A dozen years after it was envisioned, an affordable apartment complex for low income veterans and others facing homelessness has opened in Pittsburg. Over the years, the planned Veterans Square apartments at 901 W. Los Medanos St. has been both supported and criticized for its prime downtown location, but at the grand opening on May 11, 2022 , one could only hear the accolades . CDBG funds were allocated for the land acquisition for the Veterans Square housing project.

Located close to restaurants, bus services and the Pittsburg Center BART Station, the Satellite Affordable Housing Associates’ Veterans Square features solar thermal systems and other green features, as well as room for a community garden. The three- story building includes 28 one -bedroom and two two -bedroom apartments, ranging from 575 to 783 square feet, with an on -site manager. On-site services include health and wellness classes, education and employment services and social activities. The Pittsburg Housing Authority administers 160 Veteran Affairs Supportive Housing (VASH) vouchers and provided a loan towards the construction of Veterans Square..

Discuss how these outcomes will impact future annual action plans.

Affordable homes for veterans are desperately needed throughout the county and the state. According to the United States Interagency Council on Homelessness, there are over 10,000 veterans currently experiencing homelessness in California alone.The Veterans Square project has certain on-site services provided by a qualified service provider experienced in serving the veteran population. Therefore, the service provider may be eligible to apply for future CDBG funds that can be utilized to enhance services. Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.

Number of Persons Served CDBG Actual HOME Actual
Extremely Low-income 488 Not applicable.
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Low-Moderate income 123 Not applicable.

Total 611 Not applicable.

Table 7 – Number of Persons Served

.

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Narrative Information
Fortunately, Pittsburg has its own Housing Authority that can help in the efforts to address "worst case needs" and progress in meeting the needs of persons with disabilities. It is the Housing Authority's objective to ensure that families are placed in the proper order on the waiting list and selected from the waiting list for admissions in accordance with the policies of its Administrative Plan. The Housing Authority has two local preferences 1) Pittsburg resident and 2) Veteran status. Each preference ha s been determined after a public hearing in accordance with applicable federal regulations. Applicants that qualify for a local preference shall be ranked in the following order: 1) any household family member who lives, works, or has been hired to work, o r attending school in the city 2) veteran or surviving spouses of veterans. Preference is given for admission of a single person who is 62 years or older or person with disabilities over other single persons. In accordance to the Quality Housing and Work Responsibility Act of 1998, each fiscal year, the Housing Authority will reserve a minimum of seventy-five percent (75%) of its Section 8 new admissions for families whose income does not exceed thirty percent (30%) of the area median income or as HUD refer s to these families as "extremely low -income families". The Housing Authority will admit families who qualify under the extremely low - income limit to meet their income targeting requirement, regardless of preference.

Pittsburg believes in a regional appro ach when addressing our community’s housing needs. We continue to foster relationships with various agencies in the county and provide these resources to the community.
1) Home Match - Helps homeowners with extra rooms connect with home seekers who need an affordable place to live, creating a win-win situation. 2) Catholic Charities of the East Bay - Rooted in compassion and human dignity for all, Catholic Charities of the East Bay works with youth, children, and families to promote self- sufficiency, strengthen families and pursue safety and justice. 3) Destination Home - Provides 12 units of permanent supportive housing for chronically homeless, disabled individuals. Participants of the project receive a safe, permanent place to live as well as wrap -around services to help stabilize their lives. Case management, assistance enrolling in mainstream benefits and services, and access to peer support groups are all part of a larger continuum of services that allow individuals to work through many of the issues that led to their homelessness while simultaneously moving toward a more sustainable future.
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4) Permanent Connection - Provides subsidized permanent housing linked to services for homeless youth with chronic mental illness, HIV/AIDS, or developmental or physical disabilities. Youth over the age of 18 receive wrap -around support services that assist them to not only maintain, but also thrive in their housing.

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CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City continues to participate in the countyw ide effort to assist the homeless population by funding services that take proactive steps to implement the Co C strategy for the homeless. Pittsburg has dedicated CORE team. CORE teams served as an entry point into the coordinated entry system for unshelte red persons and work to identify, engage, stabilize and house chronically homeless individuals and families. They provide basic needs supplies, counseling, benefits assistance, linkages to healthcare, shelter placement, and referrals and transportation to CARE Centers. The CORE staff have built trusting relationships with hard to reach clients. CORE staff have been able to link people to services and continue to coach and educate individuals and families on health, safety and sanitation. CORE teams also est ablished connections with agencies to coordinate services and work together to support the homeless population. These partnerships helped to get individuals and families access to health, mental health, and dental services; connect individuals and families to shelters, and drug and detox programs.

The City has its own homeless team which comprises of staff from various departments including the Police Department, Environmetal Services, Engineering, Public Works, City Attorney and Community Services. This team meets monthly to discuss current issues that are affecting its residents which includes the homeless population and sets strategies that can help the community as a whole. Police officers that are in direct contact with the homeless population provide food vouchers, clothing and in some cases, vouchers for lodging at a local motel. The Police officers have established relationships with many of the homeless people in the community and have identified a select few that have the potential to overcome certain barriers so that they can be integrated back to society.

Addressing the emergency shelter and transitional housing needs of homeless persons CDBG funds were expended to address shelter needs for the homeless population. T he Winter Nights Emergency Family Shelter is an emergency shelter for homeless families that operates from October to June. The program provides food, tutoring, transportation, case management, housing placement assistance to homeless families.

The Winter Nights Shelter also operates a Safe Parking Program (SPP) which can served up to 16 persons overnight February and June 30th. St. Vincent de Paul in Pittsburg allowed SPP clients to use the showers 3 days a week, and staffing increased 220
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during the daytime to supervise the shower schedules and restroom use at the SPP site since daytime restrooms were hard to find. Case management continued at the SPP also and several clients found housing.

CDBG funds were also used for the St. Vincent De Paul Rotacare clinic that is operated at the St. Vincent De Paul facility in P ittsburg. This program not only offers free medical care but also serves as a day time shelter for homeless families. A feeding program is also within walking distance from the facility and offers hot meals for these families.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs Contra Costa County ’s Coordinated Entry System (CES) allows service providers to efficiently and effectively connect people to interventions which aim to rapidly resolve their housing crisis. CES aims to help consumers with fewer roadblocks and fewer vulnerabilities obtain housing with short -term supports while connecting the highest needs, most vulnerable persons in the community to available housing and supportive services. CES is comprised of a variety of programs to serve those at -risk of homelessness, cur rently homeless, and formerly homeless people now housed in permanent supportive housing. The goal of CES it to move people from access points, and for those with higher needs, to housing services. The CES is has a prevention/diversion screening tool to be used by Contra Costa Crisis Center (2-1-1) and other crisis service entry points into our system to identify clients on the brink of homelessness and connect them to prevention and mainstream services. Clients are connected to prevention providers throughout the County.

AB 109 - Reentry: The CoC has two discharge plans for former inmates, the Reentry Strategic Plan and Realignment Plan. The Reentry Strategic Plan focuses on: 1) housing- focused discharge planning prior to release; 2) formalized pre -release planning that identifies service needs & connects prisoners with community -based service providers; and 3) enrollment in public benefits at least 90 days prior to release. Realignment Plan provides: 1) pre -release "reach -in" assessments, case management a nd referrals to housing resources, and 2) individualized treatment plans for mental health/substance abuse issues, linked with housing services. training, substance abuse treatment & childcare. Under AB109, probationers have five days upon prison release to report to their Probation Officer (PO) to review their probation orders. At their initial meeting, the PO 221
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determines whether the individual received “custody” mental health services and/or was released with a 30 day supply of psychotropic medications. PO s may then offer the individual a referral to Mental Health Services to be assessed for their voluntary continuation of medications and need for focused forensic case management services.

There is also coordination with the Parole and Community Team (PACT) , comprised of service providers, police & the California Department of Corrections Regional Parole Board, to link newly released ex -offenders with resources like housing, education, employment, job training, substance abuse treatment & childcare.

The St. Vincent de Paul’s RotaCare is a free medical clinic and received $22,237 of CDBG funds. This free medical clinic is staffed with a team of volunteer medical professionals including physicians, pharmacists, pharmacy technicians, nurses, health educators , bi- lingual translators, social workers, receptionists and administra tive assistant. They provide medical care and preventative services to uninsured and low income residents of Pittsburg. They directly improved availability and access to health services and reduced health disparities for low income and underserved residents. A total of 198 people were assisted during this Program Year.

Countywide Discharge Coordination Policy
FOSTER CARE: When foster youth age out of the foster care system, the County lin ks them to the Independent Living Skills Program (ILSP). ILSP includes workshops that prepare youth for emancipation (money management, education, computer skills, home management, and social skills), employment assistance, non -McKinney-Vento housing and retention services, and an individualized transition plan out of foster care. In addition, foster youth can elect to remain in foster care or return to care after emancipation (but before turning 21) to receive a two-year housing subsidy, which can be used in a market rate unit, student housing, or congregate living. This is a State program that all foster youth and former foster youth are able to access.

HEALTH CARE: Hospital discharge protocol, adopted by the CoC and by all hospitals in the County, states: 1) Hospitals will not discharge people who are not ambulatory or not capable of caring for themselves; 2) prior to discharge, the hospital will seek a pre - discharge assessment from a Healthcare for the Homeless (HCH) nurse; 3) the HCH nurse will assess t he viability of a respite placement and make a recommendation accordingly; 4) prior to discharge, the hospital will ensure that a patient has an appointment for follow -up medical care; 5) the hospital will discharge the patient with enough medications and/ or supplies for at least 7 days; and 6) the hospital will ensure that the patient leaves with all of their belongings and is appropriately clothed.

ALCOHOL AND OTHER DRUGS SERVICES 1.) AOD works in partnership with the Behavioral Health Benefits Unit to e nroll clients in Medi -Cal immediately upon release 222
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from a facility. 2.) AOD works to reduce the early termination rate among formerly incarcerated individuals in Substance Use Disorder (SUD) treatment. Coupled with training, AOD continues to adapt program policies and procedures which support successful engagement of this population while adhering to regulatory State mandates.

AOD continues to assist and encourage providers to develop/form/create linkages/agreements/MOUs with primary care and mental health and housing for provision of services to AOD clients. A Housing Specialist is available at the Discovery House by the Homeless program to help clients prepare housing arrangements before discharge and support long-term recovery.

MENTAL HEALTH: Clients treated by the County Behavioral Health Division are regularly reviewed for readiness and prepared for discharge into environments that provide stepped-down levels of care. The Department holds a weekly Bed Committee where all institutionalized consumer's disc harge plans are prepared. Discharge planning responsibilities fall to the Clinic managers for those consumers currently receiving services and to the Mental Health Transition Team (consisting of managers, a psychiatrist, RNs, clinicians and peer providers) for those patients not otherwise connected to the County system. State hospitals discharge to Institutes for Mental Disease (IMD)/Skilled Nursing Facilities (SNF) and not to HUD CoC funded programs.

Persons discharged from IMDs/SNFs are placed in Crisis R esidential/Transitional Residential Services (CR/TRS), and those discharged from Acute Inpatient Facilities (AIFs) are released to appropriate settings, such as the Respite Center at the County's Adult Emergency Shelter. Those exiting CR/TRS are discharged to independent, shared or supported (e.g. Board & Care) housing. State Mental Health Services Act (MHSA) funds also pay for 79 housing units for homeless discharges with severe mental illness.

RESPITE CENTER - Philip Dorn Respite Center in our neighborin g city of Concord is a twenty-four (24) bed shelter for homeless adults who are leaving the hospital and have health care needs that cannot be met in the emergency shelter environment. This is a collaborative project with Health Care for the Homeless and local hospitals.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The biggest barrier to reducing the length of time individuals and families experience 223
CAPER 23
OMB Control No: 2506-0117 (exp. 07/31/2015)
homelessness is the lack of affordable housing.

CHRONICALLY HOMELESS: The County's 2022 point -in-time count, estimates that 3,093 people are staying in shelter beds or living outdoors on an average night in Contra Costa, compared to 2,295 in 2019. On the night of the 2022 point -in-time count, there were 221 unsheltered people in Pittsburg compared to 128 in 2019. 224
CAPER 24
OMB Control No: 2506-0117 (exp. 07/31/2015)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The Housing Authority provides rental subsidy to the maximum extent allowable. Funding is awarded by the Federal government to subsidize low -income families with their rent and utilities. The number of families the Housing Authority can assist is determined by the annual contract contribution awarded. Factors in determining the number of units available to assist eligible families are based on average housing assistance payments, fair market rents established by HUD, and administrative costs. With this in mind, for For FY 2021-2022, the Housing Authority received $1 9,610,202.These funds were used to subsidize 894 Section 8 recipients and 89 VASH vouchers.

Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
The Housing Authority counsels clients who are interested in becoming homeowners by sharing information on the Homeownership Voucher Program . Eligible candidates are provided monthly mortg age subsidy upon the purchase their first home. The Housing Authority uses its normal voucher program payment standard schedule to determine the amount of subsidy. The housing assistance payment (HAP) is the lesser of either the payment standard minus the total tenant payment or the family's monthly homeownership expenses minus the total tenant payment. The Housing Authority may make the HAP payment directly to the family or to the lender.

Actions taken to provide assistance to troubled PHAs
The Housing Authority, operating the rental subsidy program, was a high performer during the Program Year. Therefore, no actions were taken.
225
CAPER 25
OMB Control No: 2506-0117 (exp. 07/31/2015)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The provision of adequate and affordable housing is an important goal of the City. As a result, the City has proactively implemented a variety of programs, incentives, and development standards to encourage the development, maintenance, and improveme nt of affordable housing.The City offers incentives for on-site compliance as outlined in City’s Municipal Code Section 18.86.060. Incentives include:

• Allowing affordable units to be at most 10 percent smaller in square footage than market rate units.
• Allowing ownership units to be constructed on smaller lots. • Allowing affordable units to have a fewer number of bathrooms and have different interior design, finishes, and features than market rate units in the same residential development.
• A reduction in off-street parking requirements for affordable units provided that the development is located downtown or within walking distance, generally ½ -mile of transit facilities.
• Deferment of parkland, traffic mitigation, and other City fees. • Provides for a density bonus for affordable housing projects.

In addition, to provide an incentive for the development of larger family units (four or more bedrooms), developers are offered credit toward the inclusionary requirement of one and one-quarter per larger family unit. On November 15, 2004, the City Council adopted Ordinance No. 04 -1229 adding Chapter 18.86, Inclusionary Housing, to the Municipal Code. The Inclusionary Housing Ordinance contains minimum requirements for provision of affordable units within developments. The purpose of the City’s Inclusionary Housing Ordinance is to establish minimum requirements, incentives, and alternative measures by which to ensure the provision of safe, decent, and affordable housing for all segments of the City’s population, regardless of household income. This ordinance is only enforced on for sale units and not on rental housing.

The Successor Agency owns properties that are developable for housing projects. The City works with interested Developers by providing the following incentives:

• Providing incentives to developers who assist the City in meeting affordable housing needs, including units to accommodate special needs households:
226
CAPER 26
OMB Control No: 2506-0117 (exp. 07/31/2015)
female-headed households, seniors, disabled, developmentally disab led, large families, emancipated youth, seasonal and temporary workers, and the homeless • Utilizing public funds to increase the supply of housing affordable to extremely low- , very low-, low-, and moderate-income large family households • Prioritizing public funds for the development of housing affordable to extremely low income households for identified special needs groups
• Providing fee waivers and allow fee deferrals until issuance of a Certificate of Occupancy for developers constructing affordable hous ing developments and/or developers providing housing and programming serving identified special needs populations
• Assisting non-profit developers in seeking fee credits when redeveloping sites for affordable housing and/or housing developments serving an i dentified special needs population
• Giving priority in processing project applications with an affordable housing component and/or serving an identified special needs population

Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The City is committed to taking action to address obstacles to meeting underserved needs. Special needs groups such as elderly/frail elderly, persons with disabilities, and persons who are victims of domestic violence live throughout the city. Given that these special needs populations have various obstacles to accessing housing and services, Pittsburg will continue to provide CDBG funds for housing rehabilitation activities, public facility/infrastructure improvements, and public service activities that improve the quality of life for special needs groups.

During the COVID-19 pandemic, the Pittsburg Senior Center was able to maintain services to seniors in the community by providing 2 meal programs to ensure that seniors do not go hungry, offering virtual classes, performing weekly wellness calls/social distanced visits as well as held virtual Winter Ball, and an outdoor senior center, drive-up/walk up health fair. City staff also coordinated delivery of groceries to homes which were provided by the Solano and Contra Costa Food Bank.

Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) Facts about Lead Poisoning in Contra Costa County:

More than 800 children with elevated blood lead levels have been identified in Contra Costa. Most of these children have been identified in the last eleven years because of routine screening.
227
CAPER 27
OMB Control No: 2506-0117 (exp. 07/31/2015)
• 475 children had lead levels between 10 - 14 µg/dL.
161 children had lead levels between 15 - 19 µg/dL.
158 children had lead levels between 20 - 44 µg/dL.
6 children had lead levels of 45 µg/dL or higher.
• About 46% of the children are from the Richmond/San Pablo area.

Another 26% of the children are from the Pittsburg/Antioch area. 10% are from the Concord area.

The rest live throughout the County, in areas as diverse as El Cerrito, Crockett, Brentwood, and San Ramon.

More than 63% of lead-poisoned children in Contra Costa have been under the age of 3 years. Most are one- and two-year olds.

Who's at Risk and Why?
• Low income children
Nationwide data show that young children in publicly-assisted programs such as MediCal are at much higher risk for lead poisoning.
• Children living in old, deteriorating housing
Lead-based paint is still the major source of childhood lead poisoning.

More than half of Contra Costa cases have been linked to lead-based paint.

Statewide percentages are even higher.
• Children of any income living in older housing that is being renovated or repainted Activities that disturb lead-based paint and create lead dust are very dangerous, especially for young children. They can also harm adults, including workers and owner-occupants engaged in do-it-yourself projects.

There are over 97,000 housing units built before 1960 in Contra Costa.

Because Contra Costa has experienced such rapid housing growth, percentages of old housing have declined overall. Older housing is not evenly distributed, and even within a community there are areas where the high-risk older housing is more concentrated. (State and federal agencies recommend targeted screening of all young children, regardless of income, in communities where > 27% of housing was built before 1960.)

Pittsburg’s Census tract 3100 has 21% of its housing units being built pre-1960.

Pittsburg 21% 73% (CT 3100)

228
CAPER 28
OMB Control No: 2506-0117 (exp. 07/31/2015)

in Selected Central & East County Cities*
City
Percentage of Pre-
1960 Housing -
Citywide -
Percentage of Pre-1960
Housing- Selected Census
Tracts -
Antioch 17% 61% (CT 3071.02)
Brentwood 9% 28% (CT 3031)
Concord 27% 66% (CT 3300)
Lafayette 52% 53% (CT 3480)
Martinez 27% 81% (CT 3170)
Orinda 56% 64% (CT 3540.01)
Pittsburg 21% 73% (CT 3100)
Pleasant
Hill
34% 57% (CT 3230)
* Based on 2000 U.S. Census data

The City will continue to protect residents from lead -based paint hazards in housing funded with CDBG funds by conforming to HUD regulations 24 CFR Part 35. This regulation addresses the need to reduce or eliminate lead -based paint hazards in federally own ed housing and housing receiving Federal funds. The City requires its subrecipients to agree to include requirements for compliance with this regulation. The City requires that recipients of homeowner rehabilitation funds sign HUD’s Notification for Lead Based Paint and that any abatement required be included in the home’s repairs.

Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) Pittsburg employs a variety of strategies to help alleviate poverty in t he city, including efforts to stimulate economic growth and job opportunities, and to provide residents with 229
CAPER 29
OMB Control No: 2506-0117 (exp. 07/31/2015)
the skills and abilities required to take advantage of those opportunities. Pittsburg uses a portion of its CDBG funds to provide grants to non -profit agencies to operate the Public Service programs that serve the low - income population including the homeless in the community.

One of the most significant efforts taken by the City to reduce persons living below the poverty level is funding several ag encies that provide economic development programs and services for persons within the community who are extremely - or very low- income.

In particular, the City believes by funding economic development programs, such as Contra Costa Child Care Council, Oppo rtunity Junction’s Job Training and Placement, and Renaissance Entreprenuership Center, it plays a role in reducing the number of persons below the poverty line by providing them the avenue and resources to obtain the skills and training needed to be compe titive in the job market or become qualified business owners.

Actions taken to develop institutional structure. 91.220(k); 91.320(j) The Contra Costa County Consortium was formed by the County of Contra Costa and the cities of Antioch, Concord, Pittsburg and Walnut Creek to develop a collaborative approach to administering and implementing the goals and objectives of the respective CDBG programs. The Contra Costa County Consortium members coordinate consolidated Planning efforts and have developed a streamlined process for applying for CDBG/HOME/ESG funds that allow applicants to complete one application for multiple jurisdictions and, once funded, complete one periodic performance report for all funding jurisdictions. This joint effort has eased the administrative burden for subrecipients and allows jurisdictions to easily share information. Furthermore, the Contra Costa County Consortium established a multiple -year funding cycle that has greatly reduced the time spent on completing and reviewing applications for both subrecipients and CDBG/HOME staff respectively.

Each entitlement jurisdiction in the Contra Costa County Consortium completes its own annual planning and allocation process, including preparation and completion of its Annual Action Plan and CAPER. These planning efforts have a high degree of coordination with the Contra Costa County Consortium members working together to closely align CDBG allocations, helping to maximize funding and to ensure collaboration between agencies.

Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The Contra Costa County Consortium jurisdictions work on strategies and actions 230
CAPER 30
OMB Control No: 2506-0117 (exp. 07/31/2015)
designed to overcome identified impediments and eliminate problems of housing discrimination. The Contra Costa Interagency Council on Homelessness (CCICH) works with local jurisdictions, public and private agencies, the interfaith community, homeless advocacy groups, and other community organizations to implement the CoC to alleviate homelessness. The majority of the City's goals and objectives within the 20 20-2025 Consolidated Plan and Annual Action Plan are met through activities that are carried out by subrecipients that are primarily public and private agencies within the County, including non-profit organizations. There is ongoing concern about the long -term capacity of the non-profit community during these severe budgetary times and their ability to comply with often complex Federal regulations and requirements in implementing federally funded programs. Pittsburg will continue to support these agencies by provi ding technical assistance, helping to establish collaboration between agencies and with funding, when possible.

Pittsburg works closely with public and private affordable housing providers as well as with Contra Costa County’s Public Health, Behavioral He alth and Homeless Services departments, and various agencies to coordinate the allocation of funds to best meet the needs of the City’s low to moderate income residents and the special needs population.

This coordination leverages CDBG funds to maximize their impact.

Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) The Contra Costa County Consortium is required to conduct an Analysis of Impediments to Fair Housing Choice (AI) and to periodically review that analysis and update it as necessary. Each AI is reassessed and reevaluated with each consolidated plan.

Together, the members of the Contra Costa County Consortium have collaborated to jointly plan for the housing and community development needs of the County as a whole.

The purpose of an AI is to review conditions in the jurisdictions that may impact the ability of households to freely choose housing and to be treated without regard to race, ethnicity, religion, gender, national origin, source of income, age, disability, or other protected status. The AI reviews the general state of fair housing, the enforcement of fair housing law, efforts to promote fair housing, access to credit for t he purpose of housing, and general constraints to the availability of a full range of housing types. An AI also examines the affordability of housing in the jurisdiction with an emphasis on housing affordable to households with annual incomes cla ssified as low income and less. Low income is defined as equal to or less than 80 percent of the adjusted Area Median Income as most recently published by HUD.

The AI not only identifies impediments to fair housing choice, but also makes 231
CAPER 31
OMB Control No: 2506-0117 (exp. 07/31/2015)
recommendations to overcome the effects of those impediments and will serve as the basis for fair housing planning, providing essential information to staff, policy makers, housing providers, lenders, and fair housing advocates, and assisting with garnering community support for fair housing efforts. The most recent AI was completed and approved the the Contra Costa County Consortium in June 2019.

232
CAPER 32
OMB Control No: 2506-0117 (exp. 07/31/2015)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
The City continues its monitoring of subrecipients and projects to ensure compliance with program and comprehensive planning requirements. The City performs on -site monitoring of CDBG subrecipients. Monitoring efforts are coordinated for subrecipients that are jointly funded by other jurisdictions within the Contra Costa County Consortium.

The City works directly with the other jurisdictions to analyze which subrecipients need to be monitored and the Contra Costa County Consortium takes a tag team approach in conducting the on -site monitoring to minimize duplicative efforts. The purpose of the monitoring is to ensure the activities and programs achieve their approved objectives in a manner which is consistent with Federal regulations. If there is a lack of performan ce or the subrecipient does not meet goals, the City will continue site visits and investigate further until a resolution is reached.

Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.

Consistent with Federal requirements, a draft of the CAPER document was prepared and made available online on the City’s website. . A notice informing the public of the availability of the draft CAPER was published in English, Spanish and Tagalog in the East County Times on September 2, 2022. The notice was also displayed on the City’s website during the public review period. Copies of the notices are attached to this report. <Insert information on comments, if any>. ________were received during the comment period of September 2 through September 18, 2022 and during the City Council meeting on September 19, 2022.

233
CAPER 33
OMB Control No: 2506-0117 (exp. 07/31/2015)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

There were no changes to Pittsburg’s program objectives.

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No.
[BEDI grantees] Describe accomplishments and program outcomes during the last year.

Not applicable.

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Combined Agency/City Council Minutes Page 1 of 5 August 15, 2022

CITY OF PITTSBURG

CITY COUNCIL/AGENCY CONCURRENT MEETING MINUTES
DATE: August 15, 2022
LOCATION: Council Chamber, City Hall, 65 Civic Avenue, Pittsburg, CA 94565 CITY COUNCIL.AGENCY MEMBERS
Holland Barrett White, Mayor/Chair
Shanelle Scales-Preston, Vice-Mayor/Chair
Juan Antonio Banales, Council/Agency Member
Jelani Killings, Council/Agency Member
Marilyn Craft, Council/Agency Member
S.L. Floyd, Agency Member
Annie Hill Herring, Agency Member

APPOINTED OFFICIALS
Garrett Evans, City Manager/Executive Director
Donna Mooney, City Attorney/Legal Counsel
Alice E. Evenson, City Clerk/Agency Secretary (elected) Nancy Parent, City Treasurer (elected)
Mayor White called the meeting to order at 7:00 P.M. in the City Council Chamber at City Hall, 65 Civic Avenue, Pittsburg, CA after convening in Closed Session at 5:00 P.M. for the following items:

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Section 54956.8
a. Property: 610 Railroad Avenue (APN 085-390-077); Successor Agency Negotiators: Garrett Evans, Maria Aliotti; Negotiating parties: George Cardinale, Sean McCauley of SMI Investments
b. Property: 590 W. 10th Street (APN 085-270-019); Pittsburg Power Company:

Garrett Evans, Maria Aliotti; Negotiating parties: Trans Bay Cable

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Section 54957 City Attorney

3. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Section 54957.6 City designated representatives: Mary Egan, MRG, LLC
Unrepresented employee: City Attorney

4. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION pursuant to Section 54956.9(d)(1)
235
Combined Agency/City Council Minutes Page 2 of 5 August 15, 2022 Save Mount Diablo v. City of Pittsburg et al., Contra Costa County Superior Court case no. CIVMSN21-0462
Prior to Closed Session Lenneal Gardner, Regulatory & Business Manager for Trans Bay Cable, addressed the Pittsburg Power Company Board regarding item 1(b) above.

City Attorney Mooney stated there was no reportable action in Closed Session.

ROLL CALL
Member Craft was absent and excused.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.

PRESENTATIONS

5. Aspire Youth Engagement Programs

6. A study on Tobacco, Alcohol and Cannabis Policy Options The following spoke in favor of revising the policy:

Veronica Maya
Nathan Hill Meza
Amreen Akhtar
City Manager Evans recommended establishing an ad hoc subcommittee to discuss Tobacco, Alcohol, and Cannabis Policy options.

PROCLAMATIONS

7. International Overdose Awareness Day

CITY MANAGER REPORTS/REMARKS
City Manager Evans reported on upcoming City events.

PUBLIC COMMENTS
There were no public comments.

COMMITTEE REPORTS
Vice-Mayor Scales-Preston attended the Public Safety Subcommittee.

Member Killings attended the Economic Development Subcommittee and the Government Performance ad hoc subcommittee.
236
Combined Agency/City Council Minutes Page 3 of 5 August 15, 2022

PITTSBURG POWER COMPANY

CONSIDERATION

13. Adoption of a Pittsburg Power Company Resolution Approving Funding for a Gun Buyback Program to be Hosted by the Pittsburg Police
On Motion by Vice-Chair Scales-Preston, seconded by Member Banales to adopt and carried by the following vote:

AYES: Banales, Killings, Scales-Preston, White
ABSENT: Craft

CITY COUNCIL MEETING

CONSIDERATION

14. By Minute Order, Establish a My Brother’s Keeper Ad Hoc Subcommittee and Appointing Two Subcommittee Members
On Motion by Member Killings, seconded by Member Banales to appoint Vice- Mayor Scales-Preston and Member Killings to the subcommittee and carried by the following vote:

AYES: Banales, Killings, Scales-Preston, White
ABSENT: Craft

15. Adoption of a City Council Resolution Authorizing the City Manager to Execute a Professional Services Agreement for a Wharf Feasibility Study On Motion by Member Killings, seconded by Vice-Mayor Scales-Preston to adopt and carried by the following vote:

AYES: Banales, Killings, Scales-Preston, White
ABSENT: Craft

CONFLICT OF INTEREST STATEMENT
There were no conflicts of interest statements.

COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION,

PITTSBURG POWER COMPANY, SOUTHWEST PITTSBURG GHAD II AND SUCCESSOR

AGENCY CONSENT CALENDAR
Juan Pablo Galvan Martinez commented on Item 27 on the Consent Calendar.

On Motion by Member Killings, seconded by Member Banales to adopt and carried by the following vote:
237
Combined Agency/City Council Minutes Page 4 of 5 August 15, 2022 AYES: Banales, Killings, Scales-Preston, White
ABSENT: Craft

16. Minutes of August 1, 2022

17. Adoption of a Pittsburg Power Company Resolution Authorizing the Executive Director to Enter into a Contract with Contra Costa County Workforce Development Board for Future Build Cohorts 22 and 23 and Establishing the Future Build Budget for Fiscal Year 2022-2023

18. Adoption of a Pittsburg Power Company Resolution Approving the Fiscal Year 2022-2023 Consultant Agreement with Open Opportunities Incorporated

19. Adoption of a Pittsburg Power Company Resolution Authorizing the Executive Director to Negotiate and Execute: 1) an Equipment Purchase Contract with Anixter-Eaton in Support of a Customer Reimbursement Project; and 2) a Customer Reimbursement Agreement with ALCO Iron and Metals

20. Adoption of a City Council Resolution Authorizing the City of Pittsburg to Enter into a One-Year Agreement with Craft Community Care Center, Inc. Doing Business as Success Through Self Academy to Provide Youth Programs and Adoption of a Pittsburg Power Resolution Allocating $110,000 for the Fiscal Year 2022-2033 Agreement By and Between the City of Pittsburg and Craft Community Care Center, Inc. Doing Business as Success Through Self Academy

21. Receive and File the Quarter 4 FY 22 Treasury Report

22. Adoption of a City Council Resolution Making Findings in Support of Continuing to Hold Public Subcommittee Meetings by Teleconference Pursuant to California Government Code Section 54953(e)

23. Adoption of a City Council Resolution Authorizing the City Manager to Negotiate and Execute an Agreement for Edible Food Recovery Services Program

24. Adoption of a City Council Resolution Allocating the American Rescue Plan Act of 2021 (ARPA) Funds to Certain Subcommittees for Allocation Funds to Certain Subcommittees

25. Adoption of City Council Resolution Authorizing City Manager to Execute Purchase Contract of New TYMCO Model 600 Sweeper

26. Adoption of a City Council Resolution Accepting the Plans and Specifications and Awarding Project 5063, Bodega Drive Water System Loop Project

27. Adoption of a Resolution Repealing and Setting Aside Project Approvals for Faria/Southwest Hills Annexation Project in Compliance with Peremptory Writ of Mandate

28. Adoption of a City Council Resolution Authorizing the Acceptance and Appropriation of the State of California Cannabis Tax Fund Grant for DUI-Drug Enforcement 238
Combined Agency/City Council Minutes Page 5 of 5 August 15, 2022

29. Adoption of a City Council Resolution Authorizing the Negotiation and Execution of a Second Contract Amendment for a Consultant Service Agreement with Raney Planning & Management, Inc. for the Harbor View Subdivision

COUNCIL REQUEST FOR FUTURE AGENDA ITEMS
There were no requests for future agenda items.

COUNCIL MEMBER REMARKS
Vice-Mayor Scales-Preston attended the ribbon cutting and grand re-opening of California Seasons Park, and the block party hosted by Mr. Roderick Coleman.

ADJOURNMENT
The City Council adjourned at 9:08 P.M. to September 19, 2022.

Respectfully submitted,
Alice E. Evenson, City Clerk
239

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Chair and Governing Board Members
FROM: Garrett Evans, Executive Director
SUBJECT: Adoption of a Pittsburg Power Company Resolution Attesting the Veracity of the 2021 Power Content Label to the California Energy Commission
MEETING DATE: September 19, 2022

EXECUTIVE SUMMARY
The Power Source Disclosure (PSD) Program Regulations require that a publicly owned electricity retail supplier submit to the California Energy Commission (CEC) an attestation of the veracity of both the annual Power Source Disclosure Report and the Power Content Label (PCL) for the previous calendar year. For public agencies submitting board resolutions as attestation, in lieu of a requirement to provide a report from an auditor, the Board of Directors must attest to the Power Content Label in addition to the PSD report.

FISCAL IMPACT
Attesting the 2021 Power Content Label has no fiscal impact to Island Energy’s Enterprise Fund or the City of Pittsburg’s General Fund.

RECOMMENDATION
The Governing Board of the Pittsburg Power Company (PPC) approve the 2021 PCL, attests the information contained in the PCL is true and accurate, and the energy that PPC procured was sold once and only once to end use customers on Mare Island, Vallejo.

BACKGROUND
The PSD Program Regulations provide that an electricity retail supplier that is a public agency providing electric services may have its governing board submit to the CEC an attestation of the veracity of the PCL for the previous calendar year, in lieu of providing a report prepared by an auditor.
240

SUBCOMMITTEE FINDINGS
The Power Content Label has been presented to the PPC Subcommittee on May 24th, 2022.

STAFF ANALYSIS
Derived from the 2021 Power Source Disclosure Report, the 2021 Power Content Label presents the same information as the 2021 Power Source Disclosure Report. Both disclose resources or fuel types of power procured and sold to end use customers. The 2021 Power Content Label indicates that for calendar year 2021, 29.0% of PPC’s annual electricity sales to end use customers comes from solar generation, 0.50% from eligible hydroelectricity,

25.4% from large hydroelectric generation. The severe drought condition has greatly reduced hydroelectricity generation and inevitably increased market purchase from unspecified sources. The excess solar energy from customer-owned rooftop solar PV systems fed back to the electrical grid accounts for 4.1% of 2021 annual electricity sales.

The remaining 41.0% of 2021 annual electricity sales was purchased from open market and its sources of generation cannot be specified.

Staff proposes the Governing Board of PPC to approve and attest the veracity of the 2021 Power Content Label.

ATTACHMENTS: Resolution
2021 Power Content Label
Report Prepared By: Vanessa Xie, Administrative Officer 241
Resolution No. 22- Page 1 of 1 September 19, 2022

BEFORE THE GOVERNING BOARD OF THE PITTSBURG POWER COMPANY In the Matter of:

Attesting the Veracity of the )
2021 Power Content Label to the ) RESOLUTION NO. 22- California Energy Commission )
WHEREAS, Pittsburg Power Company (PPC), a joint powers authority, provides retail electricity and natural gas services on Mare Island, Vallejo in the name of Island Energy (IE); and
WHEREAS, under the Power Source Disclosure Program, electricity retail suppliers are required to submit to the California Energy Commission (CEC) annually to disclose their gross purchases of electricity by source, resales of electricity, and the net electricity by source used to serve retail load for the previous calendar year; and WHEREAS, the electricity retail suppliers then disclose to their consumers the power mix associated with their electricity portfolios, as well as California’s overall power mix on an annual Power Content Label; and
WHEREAS, PPC, in compliance with the State law (Public Utilities Code 398.1(b)), is disclosing both the power sources portfolio information and comparison to California’s total system power mix on a annual Power Content Label (PCL); and WHEREAS, the CEC regulations authorize a public agency electric retail provider that offers only one electricity product to approve submission of an attestation of the veracity of the PCL, in lieu of a requirement to provide a report from an auditor.

NOW, THEREFORE BE IT RESOLVED that the Governing Board of the Pittsburg Power Company hereby approves the 2021 Annual PCL and attests the veracity of the said PCL.

PASSED AND ADOPTED by Governing Board of the Pittsburg Power Company at a regular meeting on the 19th day of September 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Holland Barrett White, Chair
ATTEST:
____________________________
Garrett Evans, Executive Secretary
242
2021 POWER CONTENT LABEL
Pittsburg Power Company
https://islandenergy.com/power-content-label/
Greenhouse Gas Emissions
Intensity (lbs CO2e/MWh) Energy Resources
Electricity
Portfolio
Name
2021 CA
Power Mix
Eligible Renewable1 29.5% 33.6%
Biomass & Biowaste 0.0% 2.3%
303 456 Geothermal 0.0% 4.8%
Eligible Hydroelectric 0.5% 1.0%
Solar 29.0% 14.2%
Wind 0.0% 11.4%
Coal 0.0% 3.0%
Large Hydroelectric 25.4% 9.2%
Natural Gas 0.0% 37.9%
Nuclear 0.0% 9.3%
Other 4.1% 0.2%
Unspecified Power2 50.0% 6.8%
TOTAL 100.0% 100.0%
Percentage of Retail Sales Covered by
Retired Unbundled RECs3: 0%
1The eligible renewable percentage above does not reflect RPS compliance, which is determined using a different methodology.
2Unspecified power is electricity that has been purchased through open market transactions and is not traceable to a specific generation source.
3Renewable energy credits (RECs) are tracking instruments issued for renewable generation.

Unbundled renewable energy credits (RECs) represent renewable generation that was not delivered to serve retail sales. Unbundled RECs are not reflected in the power mix or GHG emissions intensities above.

For specific information about this
electricity portfolio, contact: Pittsburg Power Company, 707-562-5000 For general information about the
Power Content Label, visit: http://www.energy.ca.gov/pcl/ For additional questions, please
contact the California Energy
Commission at:

Toll-free in California: 844-454-2906
Outside California: 916-653-0237
Electricity Portfolio
Name 2021 CA Utility Average
0 200
400
600
800
1000
Electricity
Portfolio
Name
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Utility
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243

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Making Findings in Support of Continuing to Hold Public Subcommittee Meetings by Teleconference Pursuant to California Government Code Section 54953(e) MEETING DATE:

EXECUTIVE SUMMARY
Assembly Bill 361 (AB 361) amended the Brown Act to allow local legislative bodies to continue to meet remotely during proclaimed states of emergency under specified conditions. Findings must be made every 30 days.

FISCAL IMPACT
There is no fiscal impact to the General Fund by this action.

RECOMMENDATION
The City Council adopt the attached resolution, continue in-person meetings with the exception of subcommittee meetings which will remain virtual.

BACKGROUND
Beginning in March 2020, Governor Newsom issued a series of Executive Orders aimed at containing the novel coronavirus. Among these were Executive Orders—N-25-20 and N-29- 20 (collectively, the “Brown Act Orders”) — that waived requirements in the Brown Act expressly or impliedly requiring the physical presence of legislative body members, staff, or the public at local agency meetings.

On June 11, 2021, the Governor issued Executive Order N-08-21, to begin winding down some of the prior measures that were adopted to respond to COVID-19. Notably, N-08-21 established an end date to the Brown Act Orders, effective September 30, 2021.

On September 16, Governor Newsom signed Assembly Bill 361 which amended the Brown Act to allow local legislative bodies to continue to meet remotely during proclaimed states of emergency under specified conditions and so long as certain findings are made by a 244
majority of the legislative body. As detailed in the attached resolution, findings were made on September 19, 2022, and are effective for 30 days.

SUBCOMMITTEE FINDINGS
This item was not submitted to a subcommittee.

STAFF ANALYSIS
Local legislative bodies such as a city council that wish to continue meeting by teleconference must comply with the requirements of California Government Code Section 54953, which was amended by AB 361.

Specifically, newly amended Government Code Section 54953 requires the following procedures:
• Give notice and post agendas as otherwise required by the Brown Act; • List on the agenda how the public can electronically attend and comment at the meeting.

Note that a public agency is not required to offer an in-person option for the public to attend and comment at such a meeting;
• Provide an opportunity to comment in advance of and during the meeting; • Allow a reasonable amount of time to register, if required, and comment on each agenda item or at least the amount of time allowed per agency meeting protocols, whichever is longer;
• No action may be taken during a disruption that inhibits the broadcast of the meeting or the public’s ability to comment;
• All votes must be via rollcall;
• Comply with state and federal civil rights and non-discrimination laws; and • Take all precautions to protect the statutory and constitutional rights of the public.

While it only applies in situations where the Governor has proclaimed a state of emergency, and not, for instance, when only a local health officer has declared an emergency, AB 361 provides an explicit avenue for local public agencies to meet remotely in the case of a public health, or other, emergency that inhibits the opportunity to meet in person. AB 361 provides the flexibility to meet by teleconference through December 31, 2023, unless extended.

The City Council resolution, if approved, would authorize teleconferenced meetings of subcommittees.

Making the findings would allow teleconferenced meetings for the next 30 days.

ATTACHMENTS:

Resolution
Report Prepared By:

Garrett Evans, City Manager
245
Resolution No. 22- Page 1 of 2 September 19, 2022

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Making Findings in Support of Continuing to )
Hold Public Subcommittee Meetings By ) RESOLUTION NO. 22- Teleconference Pursuant to California )
Government Code Section 54953(e) )
WHEREAS, on March 4, 2020, the Governor of the State of California proclaimed a state of emergency due to COVID-19; and
WHEREAS, on March 10, 2020, the Contra Costa County Board of Supervisors issued an emergency proclamation to respond to COVID-19; and WHEREAS, on March 16, 2020, the City Council proclaimed the existence of a local emergency in response to COVID-19; and
WHEREAS, on March 12, 2020, the Governor issued Executive Order N-25-20, which suspended specified requirements under the Brown Act with regard to teleconferenced meetings of legislative bodies during the period in which state or local public health officials have imposed or recommended measures to promote social distancing; and WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20, which modified and replaced the Brown Act language of Executive Order N-25-20, continuing to suspend specified requirements under the Brown Act for teleconferenced meetings of legislative bodies during the period in which state or local public health officials have imposed or recommended social distancing measures; and
WHEREAS on June 11, 2021, the Governor issued Executive Order N-08-21, which modified and replaced the Brown Act language of Executive Order N-29-20 and set forth an end date of September 30, 2021; and
WHEREAS, in September 2021 the State Legislature passed Assembly Bill 361, which was signed into law by the Governor on September 19, 2021; and WHEREAS, AB 361 amended the Brown Act at Government Code Section 54953 to allow, until January 1, 2024, a legislative body to use teleconferencing without adhering to specified requirements so long as, among other circumstances, the meeting is held during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing, and so long as the legislative body reconsiders the circumstances every 30 days; and
WHEREAS, on September 20, 2021, the Contra Costa County Health Officer issued recommendations for public meetings, which recommendations include social distancing; and
WHEREAS, on October 4, 2021, and November 1, 2021, the City Council adopted a resolution authorizing teleconferenced meetings for the City Council, commissions, and subcommittees; and
246
Resolution No. 22- Page 2 of 2 September 19, 2022
WHEREAS, following an improvement in the incidence of COVID cases, the City Council adopted Resolutions on November 29, 2021, December 20, 2021, January 18, 2022, February 7, 2022, March 7, 2022, April 4, 2022, May 2, 2022, June 6, 2022, June 20, 2022, July 18, 2022, and August 15, 2022, to authorize meetings with public participation by teleconference and in-person attendance by members of the City Council and commissions, and otherwise fully teleconferenced meetings for subcommittees; and WHEREAS, with the emergence of the Omicron variant, which may spread more easily than other variants, and in the wake of holiday gatherings of persons, the incidence of COVID increased markedly and then decreased but continues to be transmitted in the community.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby makes the following findings:

1. The circumstances of the state of emergency have been reconsidered. The state of emergency declared by the Governor has not been terminated. The state of emergency declared by the County Board of Supervisors has not been terminated. The state of emergency declared by the City Council has not been terminated.

2. State or local officials continue to impose or recommend measures to promote social distancing. The County Health Official on September 21, 2021, and on March 1, 2022, issued a recommendation for social distancing, among other recommendations, during public meetings.

BE IT FURTHER RESOLVED that the City Council hereby approves meetings of subcommittees to be held by teleconference in compliance with California Government Code Section 54953(e). As there are numerous subcommittees, some which are comprised of members of more than one legislative body, and meet frequently, for the protection of the health of attendees all subcommittee meetings are to be held by teleconference.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 19th day of September 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Holland Barrett White, Mayor
ATTEST:

Alice E. Evenson, City Clerk
247

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution to Accept Project 4065, 2021/2022 Community Development Block Grant ADA Curb Ramp Installation as Complete and Authorize the City Engineer to File a Notice of Completion
MEETING DATE: September 19, 2022

EXECUTIVE SUMMARY
Project 4065, 2021/2022 Community Development Block Grant ADA Curb Ramp Installation (the “Project’) constructed 38 curb ramps in neighborhoods located in the Willow Landing, Hillsdale, and Highland Meadows subdivisions. This resolution will accept the construction contract as complete and authorize the City Engineer to file a Notice of Completion.

FISCAL IMPACT
Project 4065 was funded by a Community Development Block Grant (CDBG) in the amount of $232,508 and was completed within the approved budget. After payment of all expenditures for design, construction, release of retention, and project closeout, staff estimates a remaining balance of $3,784, which will be returned to the source.

A Project Budget Summary is attached to this report.

RECOMMENDATION
City Council adopt the attached resolution accepting Project 4065, 2021/2022 CDBG ADA Curb Ramp Installation as complete and authorize the City Engineer to execute a Notice of Completion. Staff recommends all unspent funds be returned to the source.

BACKGROUND
On April 20, 2020, the City Council adopted Resolution 21-13927 approving the Community Development Block Grant 2021-2022 Annual Action Plan and approving the CDBG Subcommittee’s recommendation for funding the Project in the amount of $232,508.

On November 3, 2021, advertising for the Project began. 248
On December 1, 2021, Project construction bids opened.

On December 20, 2021, the City Council approved Resolution 21-14036 awarding a construction contract to TNB Contractors Inc., with a contract amount of $176,476.

On July 29, 2022, the contractor reached substantial completion, and the one-year warranty period began.

SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.

STAFF ANALYSIS
The Project included one contract change order in the amount of $42,395 for bid item quantity adjustments and for the installation of additional curb ramps, making the pathways ADA compliant.

The total anticipated expenditures for the Project are $228,724. After all expenditures are paid for design, construction, the release of retention, and project closeout, there will be $3,784 remaining balance to be returned to the source.

The project was completed on time and within the budget.

As the contractor reached substantial completion and the warranty period has begun, the Project can be accepted as complete.

ATTACHMENTS: Resolution
Project Budget Summary
Notice of Completion
Report Prepared By: Andrew Peters, Assistant Engineer
249
Resolution No. 22- Page 1 of 2 September 19, 2022

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

A Resolution Accepting Project 4065, )
2021/2022 CDBG ADA Curb Ramp )
Installation as Complete and ) RESOLUTION NO. 22- Authorizing the City Engineer to File )
A Notice of Completion )
WHEREAS, Project 4065, 2021/2022 CDBG ADA Curb Ramp Installation (the “Project”) constructed 38 curb ramps in the neighborhoods located in the Willow Landing, Hillsdale, and Highland Meadows subdivisions; and
WHEREAS, on April 20, 2020, the City Council adopted Resolution 21-13927 approving the Community Development Block Grant 2021-2022 Annual Action Plan and the CDBG Subcommittee recommendation funding the Project in the amount of $232,508; and
WHEREAS, bids for construction of the Project were opened on December 1, 2021, and TNB Contractors Inc. was the lowest bidder with a base bid in the amount of $176,476; and
WHEREAS, there was one contract change order for the Project in the amount of $42,395 for bid item quantity adjustments and the installation of additional curb ramps, making the pathways ADA compliant; and
WHEREAS, the total contract amount, including the contract change order is $218,871; and
WHEREAS, the Contractor reached substantial completion on July 29, 2022. The one-year warranty period began on July 29, 2022; and
WHEREAS, the total anticipated expenditures for the Project including design, construction, and staff costs are $228,724, and there will be $3,784 remaining balance to be returned to the funding source; and
WHEREAS, staff recommends the City Council accept the contract as complete and authorize the City Engineer to execute a Notice of Completion for the Project.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby accepts the project as complete and directs the City Engineer to record the Notice of Completion with the Office of the Recorder of the County of Contra Costa, State of California, within 10 days from the date hereof.
250
Resolution No. 22- Page 2 of 2 September 19, 2022
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on September 19, 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Holland Barrett White, Mayor
ATTEST BY:

Alice E. Evenson, City Clerk
251

NOTICE OF COMPLETION
Recording Requested By: City of Pittsburg
Upon Recording Return To:

City of Pittsburg
Engineering Records
65 Civic Avenue
Pittsburg, CA 94565-3814
NOTICE IS HEREBY GIVEN PURSUANT TO SECTION 3093 OF THE CALIFORNIA CIVIL CODE:

1. That on the 13 th day of January, 2022 the City of Pittsburg, State of California, did enter into a contract with:

TNB Construction
2620 E 18th Street
Antioch, CA 94509
as Contractor for certain improvement work: To wit, Project 4065, 2021/2022 CDBG ADA Curb Ramp Installation Project in Pittsburg, California of which the City of Pittsburg is the Owner in fee.

2. That the surety upon the bond of the Contractor for said improvement work is:

Merchants Bonding Company
6700 Westown Parkway
West Des Moines, IA 50266

3. That the real property herein referred to is situated in the City of Pittsburg, County of Contra Costa, State of California, and is described as follows:

Various locations throughout the neighborhoods of Willow Landing, Hillsdale, and Highland Meadows subdivisions in the City of Pittsburg.

4. That said improvement work was accepted by the City Council of the City of Pittsburg as complete on the 19th day of September 2022.
____________________________________________
Richard Abono
Director of Public Works/City Engineer, City of Pittsburg State of California )
County of Contra Costa )

5. I, Richard Abono, being first duly sworn, depose and say that: I am the Director of Public Works and City Engineer of the City of Pittsburg, a municipal corporation of the State of California, and I am authorized to make this verification for, and on behalf of, said City, that I have read the foregoing Notice of Completion and know the contents thereof; and the same is true to the best of my knowledge and belief.
____________________________________________
Richard Abono
Director of Public Works/City Engineer, City of Pittsburg A notary public or other officer completing this certificate Verifies only the identity of the individual who signed the Document to which this certificate is attached, and not the truthfulness, accuracy. or validity of that document.

State of California )
County of Contra Costa )
Subscribed and sworn to (or affirmed) before me on this day of , 2022 by Richard Abono proved to me on the basis of satisfactory evidence to be the person who appeared before me. I certify under PENALTY OF PURJURY under the laws of the State of California that the foregoing paragraph is true and correct.
_________________________________________
Candace Hatch, Notary Public
252
Project Funding: 2021/2022 CDBG Grant $232,508
Funding Total $232,508
Project Expenditures:

Design: $0
(Code 2122)
Subtotal $0
Miscellaneous: Advertising $0
(Code 1399) Reproduction $0
Postage $0
Subtotal $0
Construction: Base Bid $176,476
(Code 2281) Change Orders $42,395
Subtotal $218,871
Staff Time: Staff Costs During Design $1,000
(Code 1101) $8,853
Subtotal $9,853
$228,724
Remaining Balance $3,784
Total Expenditures
Project Budget Summary
Project 4065, 2020/2021 CDBG ADA Curb Ramp Installation Project Consultant Design
Staff Costs During Construction Management
253

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Amending City’s Conflict of Interest Code
MEETING DATE:

EXECUTIVE SUMMARY
Pursuant to the Political Reform Act, every local government is required to conduct a biennial review of its Conflict of Interest Code to determine its accuracy. As part of this year’s biennial review, City staff determined that the City’s Conflict of Interest Code must be amended to reflect new, reclassified and eliminated employee positions. Adoption of the resolution updating the City’s Conflict of Interest Code will ensure that the Code accurately reflects all of the designated positions within the City which are required, by state law, to disclose financial interests.

FISCAL IMPACT
There is no fiscal impact.

RECOMMENDATION
Adopt the attached resolution adopting an amended City Conflict of Interest Code.

BACKGROUND
The Political Reform Act requires the City to conduct a biennial review of its Conflict of Interest Code.

Section 18730 of Title 2 of the California Code of Regulations contains the terms of a standard Conflict of Interest Code which may be adopted and incorporated by reference as the Conflict of Interest Code of the City.
254
Government Code Section 87200 et seq. requires members of the City Council, Planning Commissioners, the City Manager, the City Attorney, City Treasurer and other public officials who manage public investments to disclose certain financial interests annually. The City’s Conflict of Interest Code identifies all other positions within the City that participate in the making of governmental decisions. These designated individuals are required to disclose certain financial interests under state law.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
Upon review, City staff determined that the Code must be amended in order to accurately reflect the addition, reclassification, and deletion of certain City positions.

Limited organizational changes within certain City departments require the City to amend its Conflict of Interest Code to accurately designate City positions subject to state financial disclosure requirements.

The attached Resolution adopts the Fair Political Practices Commission’s standard Conflict of Interest Code and amends the City’s Conflict of Interest Code with a revised list of designated positions to reflect the City’s current employment structure. The attached Resolution also proposes a required disclosure category for each of the designated positions.

ATTACHMENTS:

Resolution
Exhibit A – Designated Positions
Exhibit B – Disclosure Categories
Report Prepared By:

Alice E. Evenson, City Clerk
255
Resolution No. 22- Page 1 of 2 September 19, 2022

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Resolution Adopting the City’s ) RESOLUTION NO. 22-
Conflict of Interest Code )
WHEREAS, the Political Reform Act requires every local government agency to review its Conflict of interest Code biennially to determine whether or not the Code must be amended; and
WHEREAS, the Pittsburg City Council previously adopted Resolution No. 20-13833, adopting by reference the model Conflict of Interest Code set forth in Section 18730 of Title 2 of the California Code of Regulations; and
WHEREAS, the purpose of this Resolution is to amend the City’s Conflict of Interest Code to reflect changed circumstances, including the addition, reclassification, and deletion of positions within the City as required by Government Code Section 87300 et seq.; and
WHEREAS, the City Council desires to adopt the model Conflict of Interest Code found in Section 18730 of Title 2 of the California Code of Regulations and designate the list of positions (attached hereto as Exhibit A) as an updated list of City positions that are subject to the filing requirements of the Pittsburg Conflict of Interest Code.

NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Pittsburg as follows:

Section 1. Rescind Prior Resolutions Adopting a Conflict of Interest Code Any prior Resolution adopting a Conflict of Interest Code for the City of Pittsburg, including Resolution No. 20-13833, is hereby rescinded.

Section 2. Adoption of Conflict of Interest Code
The Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs.

Section 18730, which contains the terms of a standard Conflict of Interest Code, which may be incorporated by reference and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings.

Therefore, the terms of Title 2 of the California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby adopted and incorporated by reference and, along with the attached Exhibit A in which public officials and employees are designated and Exhibit B in which disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Pittsburg, which is considered the “agency” within the purview of this Code. 256
Resolution No. 22- Page 2 of 2 September 19, 2022
The designated officials, employees and consultants, as set forth in Exhibit A, shall be subject to the provisions of the Conflict of Interest Code and their respective disclosure categories.

Section 3. Annual Disclosure Statements
Persons holding designated positions shall file an annual statement no later than April 1st of each year. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year; provided however, that the period covered by an employee’s first annual statement shall begin on the effective date of the Code or the date of assuming office, whichever is later.

Section 4. Filing Officer
The City Clerk is the filing official for Council Members, the City Manager, the City Attorney and Planning Commissioners. For the persons holding these positions, the City Clerk accepts the filing, retains a copy and forwards the original to the Fair Political Practices Commission in Sacramento. For all other persons holding designated positions, the City Clerk is the filing officer and retains the statements. The City Clerk shall make the statements available for public inspection and reproduction.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 19th day of September 2022 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_________________________
Holland Barrett White, Mayor
ATTEST:
_____________________________
Alice E. Evenson, City Clerk
257
EXHIBIT “A”

CONFLICT OF INTEREST CODE

DESIGNATED POSITIONS

CITY OF PITTSBURG

DESIGNATED POSITIONS DISCLOSURE CATEGORY
Accountant I and II I
Administrative Analyst I and II II
Administrative Officer I
Administrative Specialist I
Administrative Coordinator I
Assistant City Clerk I
Assistant City Manager I
Assistant Director of Public Works I
Assistant to the City Manager II
Building Inspection Supervisor I
Business License Coordinator I
Chief Building Official I
Chief of Police I
City Clerk I (or as required by law)
City Engineer I
Code Enforcement Supervisor I
Combination Building Inspector I
Community Services Manager I
Compliance Principal I
Contract Analyst I
Crime Analyst I
Deputy Chief Information Systems Officer I
Deputy City Clerk I
Director of Community and Economic Development I
Director of Community Services I
Director of Finance I
Director of Human Resources I
Director of Recreation I
Director of Public Works I
Director of Records and Council Services I
Economic Development Manager I
Environmental Affairs Manager I
Environmental Health and Safety Officer I
Executive Assistant II
Finance Division Manager I
Financial Analyst I
Harbormaster I
Housing Manager I
Housing Program Analyst
Housing Program Manager I
Human Resources Analyst II
Human Resources Specialist I
258
Information Technology Manager I
Planning Manager I
Police Captain I
Police Records Supervisor I
Police Services Administrator I
Power Company Manager I
Public Works Superintendent II, III
Purchasing Analyst I
Redevelopment Project Manager I
Revenue Operations Supervisor I
Senior Administrative Analyst I
Senior Civil Engineer I
Senior Combination Building Inspector I
Senior Financial Analyst I
Senior Housing Program Analyst I
Senior Human Resources Analyst I
Senior Information Technology Analyst I
Senior Planner I
Utility Supervisor I
Water Plant Superintendent I
Water Plant Supervisor I
Water Utilities Manager I
259
EXHIBIT “B”

CONFLICT OF INTEREST CODE

DESIGNATED POSITIONS

AGENCIES AND COMMISSIONS

DESIGNATED POSITIONS DISCLOSURE CATEGORY

SOUTHWEST PITTSBURG GEOLOGIC

HAZARD ABATEMENT DISTRICT II
Executive Director I
General Manager I

HOUSING COMMISSION
Appointed Commissioners I

PITTSBURG POWER COMPANY
Executive Director I
Director of Power I
Power Company Manager I
Administrative Analyst II, III

SUCCESSOR AGENCY
Executive Director I
Development Manager I
Administrative Analyst II

CONSULTANTS I
(Regardless of Department or Agency)
REQUIRED BY STATUTE:

Council Members I
Planning Commissioners I
City Manager I
City Attorney I
City Treasurer I
260
EXHIBIT “B”

CONFLICT OF INTEREST CODE

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of investments, business entities, sources of income, or real property which the Designated Employees must disclose for each disclosure category to which he or she is assigned.

Designated Employees in Category “I” must report:

All investments, business positions in, and income from sources located in or doing business in the City and all interests in real property located in the City, including property located within a two-mile radius of the City or any property owned or used by the City of Pittsburg.

Designated Employees in Category “II” must report:

All investments, business positions in, and sources of income of the type which provide services, supplies, materials, machinery or equipment of the type utilized by the City of Pittsburg.

Designated Employees in Category “III” must report:

All investments, business positions in, and sources of income which are subject to the regulatory, permit or licensing authority of the City of Pittsburg.

Disclosure by Consultants
Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category (Category I) in the Conflict of Interest Code subject to the following limitation:

The City Manager may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. The written determination shall include the basis for this determination and shall be maintained as a public record to the same extent as other disclosures made under the Conflict of Interest Code. 261

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Authorize the Purchase of a 12,000 gal. Aboveground Storage Tank from Petroleum Marketing Equipment, and Approve and Allocate Additional Funds for Project 3118, Corporation Yard Fueling System Replacement
MEETING DATE: September 19, 2022

EXECUTIVE SUMMARY
Project 3118, Corporation Yard Fueling System Replacement (the “Project”) is the construction of a new Aboveground Storage Tank (AST) fueling system at the Environmental Center, the removal of the existing Underground Storage Tank (UST) at the Corporation Yard, and the installation of additional long-term monitoring wells that meet requirements set by the California State Water Resources Control Board. In addition, the Project will install a new AST designed by Trident Environmental and Engineering at the Environmental Center.

FISCAL IMPACT
The Project is funded with $400,000 from Building & Fleet Maintenance Fund (Fund 621).

This resolution will allocate an additional $530,000 split equally between the Sewer Operations Fund (Fund 521) and the Water Operations Fund (Fund 501).

If approved, the total project budget will be $930,000.

The Project Budget Summary is attached.

RECOMMENDATION
City Council adopt the attached resolution to authorize the purchase of a split 12,000 gallon Modern Welding above ground storage tank from Petroleum Marketing Equipment and allocate and additional $265,000 from the Sewer Operations Fund (Fund 521) and $265,000 from the Water Operations Fund (Fund 501).
262

BACKGROUND
On December 16, 2019, the City Council adopted Resolution 19-13729 approving the Five- Year Capital Improvement Program for FY 2019/20-2023/24 and appropriated $400,000 from Building & Fleet Maintenance Fund (Fund 621) to the Project.

On October 18, 2021, the City Council adopted Resolution 21-14004 approving the Consultant Agreement for the design of Project 3118, Corporation Yard Fueling System Replacement.

Removal of existing Underground Storage Tank at the Corporation Yard has been completed, and the installation of additional long-term monitoring wells is ongoing to meet California State Water Resources Control Board requirements.

The City has reached out to multiple tank vendors for the split 12,000 gallon Modern Welding Aboveground Storage Tank and have selected Petroleum Marketing Equipment as the most qualified and cost-effective option. The lead time for procurement is 7 months.

Staff anticipates putting the project out to bid in March 2023.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
Staff has contacted multiple tank suppliers for the split 12,000 gallon Modern Welding Aboveground Storage Tank and has selected Petroleum Marketing Equipment as the most qualified and cost-effective option.

With a 7-month lead time, staff recommends the purchase of the Aboveground Storage Tank prior to the construction phase to avoid project delays. To make this purchase, additional project funding is required.

Staff requests that $265,000 of additional funding be allocated from the Sewer Operations Fund (Fund 521) and $265,000 from the Water Operations Fund (Fund 501) for a total allocation of $530,000.

The revised project budget of $930,000 will include the installation of additional long-term monitoring wells, design, construction management assistance, construction, and the purchase of the new Aboveground Storage Tank.

ATTACHMENTS: Resolution
Project Budget Summary
Report Prepared By: Stephen Cardiel, Associate Engineer, CIP Manager Andrew Peters, Assistant Engineer
263
Resolution No. 22- Page 1 of 2 September 19, 2022

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Adoption of a City Council Resolution to )
Authorize the Purchase of a 12,000 gallon)
Aboveground Storage Tank from )
Petroleum Marketing Equipment, and )
Approve and Allocate Additional Funds ) RESOLUTION NO. 22- for Project 3118, Corporation Yard )
Fueling System Replacement )
WHEREAS, Project 3118, Corporation Yard Fueling System Replacement (the “Project”) is for the construction of a new Aboveground Storage Tank (AST) fueling system at the Environmental Center; and
WHEREAS, on December 16, 2019, the City Council adopted Resolution 19-13729 that approved the Five-Year Capital Improvement Program Fiscal Year 2019/20 through 2023/24 and allocated $400,000 from Building & Fleet Maintenance Fund (Fund 621) to the Project; and
WHEREAS, on October 18, 2021, the City Council adopted Resolution 21-14004 that approved the Consultant Agreement for the design of Project 3118, Corporation Yard Fueling System Replacement Project; and
WHEREAS, with a lead time of seven months from the date of purchase, the timely ordering of the AST is necessary to avoid project delays. Once approved, the delivery can be scheduled to align with the award of the Public Contract for installation at the Environmental Center.

WHEREAS, staff requests authorization for the purchase of a split 12,000 gallon Modern Welding Aboveground Storage Tank from Petroleum Marketing Equipment based on quality and the vendor’s competitive pricing; and
WHEREAS, a revised budget summary of the anticipated project expenditures for design, construction, long-term well monitoring, and staff time is included in the attached staff report.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the purchase of a 12,000 gallon split Modern Welding Above Ground Storage Tank from Petroleum Marketing Equipment, and approves and allocates $265,000 from the Water Operations Fund (Fund 501) and $265,000 from the Sewer Operations Fund (Fund 521) to the revised project budget. 264
Resolution No. 22- Page 2 of 2 September 19, 2022 PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 19th day of September 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
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Project Funding:

Building & Fleet Maintenance Fund (621) $400,000
Water Operations Fund (501) $265,000
Sewer Operation Fund (521) $265,000
Funding Total $930,000
Project Expenditures:

Design: AST Consultant Design Fee 82,426$
(Code 2122) Well Monitoring Consultant Design Fee 50,000$ Subtotal 132,426$
Miscellaneous:
(Code 1399) Advertising $2,167
Subtotal $2,167
Construction: UST Removal/MNS Project Management Fee $248,407 (Code 2281) Additional Well Monitoring Installation Fee $100,000 Aboveground Storage Tank - PME Purchase $100,000
Construction Base Bid $270,000
Construction Contingency ~ 10% $27,000
Subtotal $745,407
Staff Time: Staff Costs During Design $10,000
(Code 1101) $15,000
Subtotal $25,000
Admin: Staff Costs During Design $10,000
(Code 2372) $15,000
Subtotal $25,000
$930,000Estimated Expenditures Total
Project Budget Summary
Project No. 3118 - Corporation Yard Fuel System Replacement Staff Costs During Construction Management
Staff Costs During Construction Management
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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, Establish a Tobacco, Cannabis, and Alcohol Policy Review Ad Hoc Subcommittee and Appoint Two Subcommittee Members
MEETING DATE: September 19, 2022

EXECUTIVE SUMMARY
The City Council will consider establishing an ad hoc subcommittee tasked with reviewing, providing direction, and making recommendations related to tobacco, cannabis, and alcohol policy options in Pittsburg, as well as appointing two committee members.

FISCAL IMPACT
Staff does not anticipate any significant fiscal impacts related to establishing and staffing the ad hoc subcommittee.

RECOMMENDATION
By Minute Order, establish the Tobacco, Cannabis, and Alcohol Policy Review ad hoc subcommittee and appoint Vice Mayor Scales-Preston and Councilmember Killings to serve on the ad hoc subcommittee.

BACKGROUND
Earlier this year, the City contracted with a consultant to conduct a comprehensive review of City policies regulating the use and sale of tobacco, cannabis, and alcohol in Pittsburg. On August 15, 2022, the City’s consultant, Leslie Zellers, presented her initial findings, and preliminarily identified potential policy modifications the City could implement to better serve the City’s public health and safety goals. Following the presentation, the City Council discussed formation of an ad hoc subcommittee that would review policy options and provide feedback to staff [and potentially one or more consultant(s)].

During the discussion, Mayor White recommended appointment of Vice Mayor Scales- Preston and Councilmember Killings to the ad hoc, as they previously served on the board of the Los Medanos Community Healthcare District.
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SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
This subcommittee will be tasked with reviewing, providing direction, and making recommendations related to policies affecting the use and sale of tobacco, cannabis, and alcohol. It is anticipated that this ad hoc will meet several times throughout the next 12-18 months. In accordance with the City of Pittsburg’s adopted, “Policies and Procedures for the City Council,” the Mayor and Vice-Mayor shall appoint individual Councilmembers to standing and ad hoc subcommittees.

Report Prepared By: Garrett Evans, City Manager
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the City Attorney to Execute a Legal Services Agreement with Sher Edling LLP for PCBs litigation
MEETING DATE: September 19, 2022

EXECUTIVE SUMMARY
To initiate litigation against the Monsanto companies to seek monetary damages that would fund work required under the City’s stormwater permit, it is recommended that City Council authorize the City Attorney to execute a legal services agreement with the law firm Sher Edling, LLP.

FISCAL IMPACT
The firm is being engaged on a contingency fee basis. Compensation to the law firm depends on the size and structure of any monetary settlement or judgment obtained through litigation.

RECOMMENDATION
Adopt the Resolution authorizing the City Attorney to execute a Legal Services Agreement with Sher Edling LLP.

BACKGROUND
The City has the potential to recover damages caused by contamination from Polychlorinated Biphenyls (PCBs), a group of manufactured chemicals that have been determined to have carcinogenic effects on humans, wildlife, and fish. The National Pollutant Discharge Elimination System Permit issued by the Regional Water Quality Control Board requires the City to reduce the presence of PCBs in stormwater before it enters the City’s storm drain network and the Bay.
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As reported out of closed session, on July 18, 2022, the City Council voted to opt out of the proposed settlement in a nationwide class action brought by public agencies against Monsanto Company for compensation for contamination of public properties. On August 1, 2022, the City Council voted to initiate litigation and directed the City Attorney to place on a future agenda a legal services agreement to retain an outside attorney.

The law firm Sher Edling LLP specializes in litigation of this type and has offered to represent public agencies in Contra Costa County in a lawsuit against the Monsanto entities. Contra Costa County and all cities within the County with one exception have opted out of the class action and are in the process of retaining Sher Edling as plaintiffs’ counsel.

SUBCOMMITTEE FINDINGS
The amendment was not discussed at subcommittee.

STAFF ANALYSIS
The Legal Services Agreement for the County entities provides for the law firm to receive between 7.5% and 18% of the net recovery the City receives in the litigation, depending on when the litigation is resolved. All costs of litigation will be paid for by the law firm. The firm specializes in representing clients in environmental cases and seeking recovery from polluters.

The stormwater permit from the Regional Water Quality Control Board requires the City to protect the Bay by installing infrastructure and implementing policies to significantly reduce the amount of PCBs in stormwater. The objective of the litigation is to obtain monetary compensation to fund the efforts necessary to comply with the permit.

ATTACHMENTS: Resolution
Outside Counsel Agreement
Report Prepared By: Donna Mooney, City Attorney
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Resolution No. 22- Page 1 of 1 September 19, 2022

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Authorizing the City Attorney )
To Execute a Legal Services Agreement ) RESOLUTION NO. 22- With Sher Edling LLP )
WHEREAS, the City has the potential to recover damages caused by contamination from Polychlorinated Biphenyls (“PCBs”); and
WHEREAS, the stormwater permit issued by the Regional Water Quality Control Board requires the City to reduce the presence of PCBs in stormwater before it enters the City’s stormwater network and the Bay; and
WHEREAS, similar to Contra Costa County and numerous Bay Area agencies, the City Council decided to opt out of the settlement in the nationwide class action brought against the Monsanto entities and directed the City Attorney to initiate litigation; and WHEREAS, the law firm Sher Edling, LLP, specializes in representing public agencies in environmental cases and obtaining recovery against polluters; and WHEREAS, the City of Pittsburg seeks to retain Sher Edling, LLP, on a contingency fee basis with the objective of obtaining monetary recovery to fund PCB-reduction efforts to comply with the stormwater permit.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby authorizes the City Attorney to execute the attached Legal Services Agreement.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 19th day of September 2022 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Holland Barrett White, Mayor
ATTEST:

Alice E. Evenson, City Clerk
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PCB Legal Services Agreement
1 LEGAL SERVICES AGREEMENT

BETWEEN

THE CITY OF PITTSBURG & SHER EDLING LLP

REGARDING PCB LITIGATION

1. IDENTIFICATION OF PARTIES. This Agreement is made between Sher Edling LLP (hereafter referred to as “Attorney”) and the City of Pittsburg, California (hereafter referred to as “Client”). For purposes of this Agreement, “City Attorney” means City Attorney Donna Mooney, or the staff person(s) within the City Attorney’s office designated by the City Attorney as her representative.

This Agreement is required by California Business and Professions Code section 6147 and is intended to fulfill the requirements of that section.

For reference purposes, this Agreement is dated as of September __, 2022.

2. RETENTION OF FIRM RATHER THAN PARTICULAR ATTORNEY.

Client is retaining the law firm of Sher Edling LLP, not any particular attorney, and attorney services to be provided to Client will not necessarily be performed by any particular attorney.

3. AUTHORIZED REPRESENTATIVE OF CLIENT. The City Attorney is the authorized representative to direct Attorney. The primary individual to communicate with Attorney regarding the subject matter of Attorney’s representation of Client under this Agreement is Donna Mooney, unless another representative is named by the City Attorney. This designation is intended to establish a clear line of authority between Client and Attorney but not to preclude communication between Attorney and other representatives of Client.

4. LEGAL SERVICES TO BE PROVIDED. The legal services to be provided by Attorney to Client are as follows: Representation of Client with respect to the following matters (collectively, the “PCB Action”):
a. Contamination related to (i) polychlorinated biphenyls (PCBs); and/or (ii) other contaminants of concern identified by Client and approved by Attorney (collectively, the “Contaminants”).
b. Claims and/or actions seeking equitable and legal relief, including but not limited to an abatement fund, and/or damages sustained by Client as a result of actual or threatened contamination, and the past, present, and any future cost incurred to remove the Contaminants, including all writs and appeals related thereto.

5. LEGAL SERVICES SPECIFICALLY EXCLUDED. It is the intent of the parties that Attorney will represent Client in a civil action or actions seeking equitable and legal relief, including but not limited to an abatement fund, damages, and/or injunctive relief in the appropriate court or courts of the State of California and/or the United States District Court, as well as, if requested by Client and agreed to by Attorney (such agreement not to be unreasonably withheld), in any proceeding by writ or appeal related to that action. Legal services that are not to 272
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2 be provided by Attorney under this Agreement specifically include, but are not limited to, the following:
a. Proceedings before any state or federal administrative or governmental agency, department, or board. However, with Client’s permission Attorney may elect to appear at administrative proceedings to protect Client’s rights in this litigation, without Client being assessed any additional attorney’s fee in connection with such appearance. This exclusion would not apply to any proceeding determined necessary to exhaust administrative remedies. b. Defending any legal action(s) against Client or its employees commenced by any person, with the exception of any cross complaints or counter claims filed in the PCB Action described in Paragraph 4. This exclusion would not apply to any legal action filed against Client or Client’s employees arising out of the PCB Action. c. Execution proceedings on any judgment.
d. Any action with respect to any dispute arising under or concerning this Agreement.

If Client wishes to retain Attorney to provide any legal services for matters excluded from this Agreement, a separate written agreement between Attorney and Client may be required which may require compensation to Attorney in addition to that set forth in Paragraph 8. Alternatively, Client would always have the option to engage other counsel to provide such legal services.

6. RESPONSIBILITIES OF ATTORNEY AND CLIENT. Attorney shall perform the legal services called for under this Agreement, keep Client informed of material progress and developments, and respond to Client’s inquiries and communications.

Attorney shall work at all times under the direction and control of the City Attorney, who has the power to control and supervise the litigation. The City Attorney, as the Client’s chief legal officer, and subject to the review and approval, to the extent required, by the City of Pittsburg’s City Council, retains complete and final authority and control over all aspects of the PCB Action, including specifically (but not limited to) the following:
 decisions regarding settlement of the case;
 the course and conduct of the PCB Action;
 the exercise of veto power over any decisions made by Attorney.

In addition, any defendant in the PCB Action may contact City Attorney directly, without having to confer with Attorney, and attorneys from the City Attorney’s office with supervisory authority are to be personally involved in overseeing the litigation at all times.

Client will be truthful and cooperative with Attorney and keep Attorney informed of developments. Attorney will present status reports to Client as events reasonably warrant or at the reasonable request of Client. Attorney and Client mutually acknowledge that Attorney needs to be informed about Client’s plans and anticipated decisions that may materially affect the PCB Action. 273
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3 Attorney and Client mutually acknowledge that nothing in this Agreement is intended to interfere with Client’s decisions or judgments concerning the design, operation, or maintenance of its remediation decisions. Accordingly, Attorney and Client will work to assure that each keeps the other fully and timely informed about matters that affect the other and Attorney shall consult in advance with and obtain the prior approval of the City Attorney concerning all substantive aspects of the PCB Action. Additionally, Attorney shall not make or distribute any press releases without the express permission and consent of the City Attorney.

7. CLIENT RETENTION OF DOCUMENTS. Client acknowledges its responsibility to undertake all necessary effort to identify, preserve, and retain documents concerning potential claims or defenses related to the PCB Action. Additionally, Client will suspend all document destruction policies and implement a litigation hold as necessary to ensure the preservation of relevant documents as advised by Attorney. This litigation hold applies to hard- copy documents; electronically stored data, including backup tapes, legacy systems, and metadata; calendars and planners; and data from text messaging, blogs and social networking sites. This includes preserving all relevant data, regardless of whether it is contained on business or personal computers, personal digital assistants, cell phones etc. The documents need to be preserved in the form in which they currently exist. Client represents that it has not altered or destroyed any relevant documents relating to the subject matter of the litigation since the time it first suspected that litigation on its behalf was likely. Client shall cooperate with Attorney in locating, preserving, and reproducing its records which may be material to the investigation, discovery, prosecution, and trial in the PCB Action.

8. CONTINGENCY FEE. The compensation that Attorney will receive for the legal services to be provided under this Agreement is set forth in this Paragraph 8 (collectively, the “Contingency Fee”).
a. Contingency Percentage.

Attorney will receive the following percentage of any Net Recovery (as defined below) (the applicable percentage, the “Contingency Percentage”):
(i) If a settlement is obtained on or before the date that is 6 months after the complaint is filed, seven and one-half percent (7.5%) of the Net Recovery; (ii) If the Net Recovery is obtained after the date that is 6 months after the complaint is filed and before the first formal designation of exchange of expert witnesses, fifteen percent (15%) of the Net Recovery. Attorney shall provide Client with reasonable notice of the date on which the first formal designation of exchange of expert witnesses is required in the case; or (iii) Thereafter, eighteen percent (18%) of any Net Recovery.

Attorney’s Contingency Fee = Contingency Percentage * Net Recovery b. Definition of Net Recovery.
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4 “Net Recovery” means the total present value of any Recovery (as defined below), whether by settlement, arbitration award, or court judgment, after the deduction of Costs (as defined in Paragraph 10 of this Agreement) at the Conclusion of Services (as defined in Paragraph 16). Net Recovery does not include any court awarded costs or attorney’s fees received by Client from any third party, except as otherwise provided in Paragraph 8(g) below. The Net Recovery is multiplied by the Contingency Percentage (set forth in Paragraph 8(a)) to calculate the Contingency Fee.

Net Recovery = Cash Recovery + Value of Non-Cash Recovery – Costs c. Definition of Recovery, Contested Judgment and Settlement. “Recovery” means the sum of any Cash Recovery and Non-Cash Recovery (as those terms are defined below) without reduction or adjustment for Costs (as defined in Paragraph 10). “Contested Judgment” means any final (including conclusion of any appeals) contested court order, judgment, or contested arbitration award; “Settlement” means a Recovery obtained pursuant to any voluntary agreement, whether by settlement, mediation, or court stipulation. d. Cash Recovery.
“Cash Recovery” means, without limitation, the total monetary amount received (whether by Contested Judgment or Settlement) as a result of the PCB Action, including an abatement fund, funded by defendant(s), arising out of an equitable judgment or settlement. “Partial Cash Recovery” means any Cash Recovery obtained prior to the complete resolution of the PCB Action. (i) A Partial Cash Recovery is to be used, first, to pay unreimbursed Costs advanced up to the date of such Partial Cash Recovery and, second, to pay any fees that Client owes to Attorney up to the date of such Partial Cash Recovery.
(ii) Unless Attorney and Client agree otherwise in writing, any remaining Partial Cash Recovery received prior to the final resolution of the PCB Action is to be placed in a trust account administered by Attorney for the benefit of Client. The funds in the trust account may be drawn upon by Attorney to pay for any future Costs incurred in the PCB Action and/or for any future fees owed by Client to Attorney.
e. Non-Cash Recovery.
“Non-Cash Recovery” means, without limitation, the fair market value of any property delivered or potentially to be delivered to Client, services provided or potentially to be provided for Client’s benefit, and any other non-cash benefit, including but not limited to injunctive and/or equitable relief (other than an abatement fund, which is included in the definition of Cash Recovery above), conferred on Client as a result of the PCB Action. (i) Client understands that a resolution of the PCB Action may involve 275
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5 defendants agreeing to provide Client with one or more non-monetary goods and services, for example (by way solely of illustration), an agreement to build green infrastructure, provide consulting services, or to provide other goods and/or services. The terms of a Contested Judgment or Settlement may be that such non-monetary goods and services are only to be delivered to Client in the event that certain circumstances come to pass (e.g., the Contaminants exceed certain minimum thresholds). However, even if there is no certainty that the non-monetary goods and services will ever be delivered, Client understands that any agreement or requirement for defendants to provide such non-monetary goods and services has value to Client (analogous to an insurance contract) and that Attorney will be entitled to a Contingency Fee on that value.
(ii) Before the acceptance of any settlement offer that involves a Non-Cash Recovery, Attorney shall provide Client with an estimate of the value of the settlement offer and a calculation of the fee due on the settlement offer.

Client will respond in writing, indicating whether or not Client accepts Attorney’s estimate of the value of the settlement of the offer and the calculation of the fee due. If Client wishes to pursue the settlement offer further but chooses not to accept the provided estimate and calculation of the fee due, the parties shall proceed as set forth in Paragraph 8(i) (Disagreements Concerning Value of Recoveries).
f. Payments Outside of Net Recovery
Recovery is intended to alleviate and offset the Client’s anticipated regulatory and remediation costs related to PCBs, which would otherwise be paid from public funds. However, even with a net fiscal benefit, payment from public funds may present logistical challenges. This provision is intended to address those concerns. This scenario only arises if Attorneys’ fees cannot be paid directly from the Recovery.

In the event that any judgment and interpretation of this Agreement results in the Client having to pay a Contingency Fee from its own funds, rather than out of the Net Recovery and Client’s Contingency Fee is greater than either $10 million dollars in any given year or $20 million dollars in total, then Attorney and Client will meet in good faith to reach an agreement that minimizes the financial burden on Client while ensuring Attorney receives the fee provided by this Agreement. Should the parties fail to reach an agreement, Attorney and Client agree to mediation pursuant to Paragraph 8(h) before resorting to litigation or any other dispute resolution procedure.

Should Recovery be secured in aggregate for a group of plaintiffs, Attorney will not be involved in the allocation of the Recovery among the group of plaintiffs. To the extent the Contingency Fee must be paid from Client’s own funds on a portion of an aggregate recovery (rather than collected from the Net Recovery itself prior to disbursement to the group of plaintiffs), Client shall use reasonable efforts to agree on the allocation of funds among the group of plaintiffs within six (6) months after the settlement or judgment and will inform Attorney in writing of the allocation so that the corresponding Contingency Fee(s) may be determined. 276
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6 g. Fees on Future Recovery following Contested Judgment.

Should Recovery following a Contested Judgment (whether Cash, Non-Cash, or a combination of the two) provide for payment or performance in the future (which may consist of one or more payments, or performance over a period of time), Client shall select one of the following options for payment of the Contingency Fee. Client shall make its selection in writing.

If Client fails to elect an option within 30 days after the resolution of the Contested Judgment, the lump sum provision (subparagraph (i) of this paragraph) will apply.

For purposes of calculating the net present value (“NPV”) of any Cash Recovery or Non- Cash Recovery under this Agreement, the discount rate used will be the interest rate for the 91- day treasury bill, as such interest rate is reported by the United States Federal Reserve in the weekly Federal Reserve Statistical Release closest in time to the date the terms of the Recovery for which the NPV is being calculated are known.
(i) Lump Sum: Client will pay the Contingency Fee in a lump sum, with the amount due determined by applying the Contingency Percentage to the NPV of the sum of the Cash Recovery and the Non-Cash Recovery less Costs.

Lump sum payment = (Contingency Percentage) * (NPV of Cash Recovery + NPV of Non-Cash Recovery – Costs)
(ii) Annual Installments Over Three Years: Client will pay the Contingency Fee in three (3) annual installments, each comprising one-third of the total Contingency Fee due, with the annual installment determined by dividing by 3 the result obtained by applying the Contingency Percentage to the NPV of the sum of the Cash Recovery and the Non-Cash Recovery less Costs.

The parties may mutually agree on a different payout term in writing.

Annual payment over three years = [Contingency Percentage * (NPV of Cash Recovery + NPV Value of Non-Cash Recovery – Costs)] ÷ 3 (iii) Payment on Periodic Recovery with Ten Year Due Date: If Recovery is structured as a series of annual or other periodic awards (Cash or Non-Cash) to Client, upon receipt Client will pay 30% of each such periodic award to Attorney as a partial payment of the Contingency Fee until the Contingency Fee is paid in full, with the total amount due to Attorney determined by applying the Contingency Percentage to the NPV of the sum of the Cash Recovery and the Non-Cash Recovery less Costs.

Periodic payment = 30% * (Periodic Cash and Non-Cash Recovery Received by Client); provided, however, the sum of all periodic payments to Attorney may not exceed the total Contingency Fee
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7 Notwithstanding the foregoing, Client’s deadline to pay the Contingency Fee in full is the tenth anniversary of the Conclusion of Services. If the Contingency Fee is not paid in full by that time, the last payment made on or prior to the tenth anniversary of the Conclusion of Services must include the remaining Contingency Fee outstanding (the “Remainder”).

Remainder = Total Contingency Fee – Contingency Fee Already Paid Each year, the parties will agree upon and confirm, in writing, the value of all Recovery received, all Recovery remaining, the total Contingency Fee paid, and the total Contingency Fee outstanding.
h. Reasonable Fee if Contingency Fee Unenforceable.

In the event the contingency fee portion of this Agreement is determined to be unenforceable for any reason or Attorney is prevented from representing Client on a contingency fee basis, Client shall pay a reasonable fee for the services rendered. The parties shall use best efforts to negotiate a reasonable fee. If they cannot do so, the fee shall be determined by mediation proceedings before the Judicial Arbitration and Mediation Services (JAMS), with any costs of such proceedings born equally by the Client and Attorney, or, if mediation proves unsuccessful, by appropriate court action in accordance with Paragraph 26. Such reasonable fee shall take into account, among other things, the specific expertise of Attorney with regard to the PCB Action as well as the risk that Attorney took on by agreeing to represent Client and advance all litigation Costs in return for a contingency fee.
i. Disagreements Concerning Value of Recoveries.

In the event the parties disagree with respect to the value of any Cash or Non-Cash Recovery, they shall proceed as follows: Each party shall within 45 days select an appraiser qualified to conduct an appraisal of the value of the Recovery or settlement offer. The selected appraisers will then confer and within 30 days select a third qualified appraiser. The third appraiser will then be tasked with determining the value of the Recovery within 90 days. The third appraiser’s valuation will be final and binding on the parties regardless of the fact that such valuation may be an estimate or may be subject to further refinement or analysis. Client and Attorney shall each bear the expense of its own selected appraiser, and Client and Attorney shall share equally the expenses of the third appraiser.
j. Court-Awarded Attorneys’ Fees.

Client may obtain an award from the court of attorneys’ fees and/or Costs in the PCB Action. For example, certain claims may arise under statutes that provide for an award of attorneys’ fees. Attorney agrees that if such an award is allowed for under the law then Attorney will endeavor to pursue such an award from the court on behalf of Client and defend Client against any claims that it owes defendants’ attorney fees. Any order awarding fees and/or Costs will not affect Client’s obligation to pay the Contingency Fee in accordance with this Agreement. 278
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8 Any attorney’s fee awarded by the court in connection with the PCB Action will not be considered part of the Net Recovery for purposes of calculating the Contingency Fee. Any Court- awarded Costs will also not be considered part of the Net Recovery for purposes of calculating the Contingency Fee. Any court award of fees received by Attorney will be applied as a credit against Client’s obligation to pay the Contingency Fee under this Agreement, and any court award of Costs to Attorney will be applied as a credit against Client’s obligation to reimburse Attorney for Costs under this Agreement. If the court-awarded fees exceed the fee to which Attorney would otherwise be entitled, the Contingency Fee will be the amount of the court-awarded fee. k. Negotiated Fee.

Client understands that the attorney’s fee set forth in this Agreement is not set by law but rather is negotiable between Attorney and Client.

9. CO-COUNSEL.
a. Attorney may decide to retain another attorney or law firm as associate counsel. Such other attorney or law firm may be compensated by Attorney for the reasonable value of the services performed on an hourly or per diem basis and not necessarily on a contingency basis. Such payment is the sole responsibility of Attorney and will not be charged back to Client as a Cost or otherwise. Client understands that under the Rules of Professional Conduct of the State Bar of California, the division of a fee for legal services may be made only with Client’s written consent after a full disclosure to Client in writing that a division of fees will be made, the identity of the lawyers or law firms that are parties to the division, and the terms of the division.

A decision by Attorney to retain associate counsel is subject to Client’s approval, which will not be unreasonably withheld.
b. Client has the authority to retain additional outside consultants, including additional legal counsel, to assist the City Attorney with the PCB Action. Any such retention will be at Client’s sole expense and will not be considered a part of Costs, as defined in paragraph 10.

10. COSTS.
a. Definition. “Costs” means costs reasonably and actually incurred by Attorney in connection with Attorney’s representation of Client under this Agreement, including but not limited to:
(i) Court filing fees;
(ii) Deposition costs;
(iii) Expert, consultant and investigator fees and expenses; (iv) Investigation costs;
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9 (v) Transportation;
(vi) Meal and lodging for out-of-town travel;
(vii) Messenger service fees;
(viii) Photocopying expenses;
(ix) Process server fees
“Costs” does not include the following: the cost of full or part-time employees of Attorney (e.g., paralegals and law clerks). In addition, “Costs” does not include Client expenses incurred in providing information to counsel or defendants, damages claimed by others in the litigation, or other parties’ costs, if any, that Client is ultimately required to pay, all of which Client must pay without contribution by Attorney.

Attorney shall advance Costs incurred in connection with Attorney’s representation of Client under this Agreement.
b. Authorized costs. The Client authorizes Attorney to incur reasonable Costs and to retain consultants or expert witnesses reasonably necessary in Attorney’s and City Attorney’s judgment. Costs must be specific and confined to representation of Client. Attorney account for Costs as they are incurred by Attorney. No mark-up is to be attached to Costs. As such, Attorney and Client are jointly incentivized to keep Costs to a minimum.

Regarding expert costs, Attorney and Client shall meet and confer regarding selection and retention of experts in the PCB Action and Attorney shall inform Client of the persons chosen and their charges. Client shall not unreasonably withhold approval of the selection and retention of such experts.
c. In the event of Recovery for Client, Client will reimburse Costs. In the event Client obtains Recovery (whether by settlement, arbitration, judgment or otherwise) and pursuant to Paragraph 16 (Conclusion of Services), Client shall pay Costs within sixty (60) days after a final accounting provided by Attorney, unless otherwise agreed by the parties in writing.

Any Client funds in the Attorney trust account may be put towards any unpaid balance of Costs. d. In the event of judgment for defendants, Attorney bears risk of costs.

To the extent permitted by law and to the extent not based on the conduct of Client or City Attorney, Attorney will bear the risk of any defense costs taxed against Client in the event of an adverse ruling (such as sanctions for spoliation of evidence) or Contested Judgment for defendants in the PCB Action. As used in this section, “conduct” means (1) the failure to perform the terms of this Agreement; or (2) any intentional, reckless, or negligent conduct that diverges from the Attorney’s recommended course of action and results in either an adverse ruling or a Contested Judgment for defendants. The application of this provision as to a discrete adverse ruling does not necessarily implicate this provision as to a Contested Judgment. 280
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10 e. Periodic statements of costs. Attorney shall provide Client with periodic statements of Costs incurred in the PCB Action at approximately quarterly intervals or at such other frequency as mutually agreed between Client and Attorney. At any time, Client may communicate with Attorney regarding Attorney’s estimates with regard to Costs that may be incurred in the future.
f. Client expenses. Expenses incurred by Client in connection with retention of additional consultants, including outside counsel and/or experts, shall be paid for by Client and will not be considered Costs for purposes of this Agreement.

11. REPRESENTATION OF ADVERSE INTERESTS. If Attorney had a relationship with another party involved in the PCB Action, or with someone who would be substantially affected by the PCB Action, the Rules of Professional Conduct would require Attorney to disclose that to Client so that Client could evaluate whether that relationship causes Client to have any concerns over Attorney’s loyalty, objectivity or ability to protect Client’s confidential information.

Client understands that currently, and from time to time, Attorney represents other municipalities, governmental agencies, governmental subdivisions, or other public or private individuals and/or entities in other actions or similar litigation where the defendants may be the same or similar to the defendants in the PCB Action, and that such work is a focus of Attorney’s practice. Client understands that Attorney would not take on this engagement if it required Attorney to forego representations like those described above. However, Client understands that damages collected from one or more of the same defendants in other suits prosecuted by Attorney could, theoretically, reduce the amount of money available from these same defendants in the PCB Action. Client was given an opportunity to confer with its own separate and independent counsel about this matter and has determined that it is in its own best interests to waive any and all potential or actual conflicts of interest which may occur as the result of Attorney’s current and continuing representation of cities and other public and/or private entities in similar litigations, because it enables Client to obtain the benefits of Attorney’s expertise. Therefore, Client consents that Attorney may continue to handle such work, and may take on similar new clients and matters, without disclosing each such new matter to Client or seeking the consent of Client while representing Client. Attorney may not take on such other work if it requires Attorney to be directly adverse to Client while Attorney was still representing Client in the PCB Action. In the event that Attorney represents other plaintiffs in similar litigation, costs that are incurred for the joint benefit of several plaintiffs shall be allocated, if possible, between the cases pro rata based on each plaintiff’s share of the recovery, or if such pro rata cost sharing based on recovery is not possible, then on a reasonable pro rata basis agreed upon between Client and Attorney.

12. SETTLEMENT. Decisions regarding settlement of the case are reserved exclusively to the discretion of Client and City Attorney. Attorney may not settle Client’s claim without the approval of Client, which has the absolute right to accept or reject any settlement.

Attorney shall notify Client of the terms of any settlement offer received by Attorney.

13. ORDER OR AGREEMENT FOR PAYMENT OF ATTORNEY’S FEES OR 281
City of Pittsburg
PCB Legal Services Agreement
11 COSTS BY ANOTHER PARTY. The court may order, or the parties to the dispute may agree, that another party will pay some or all of Client’s attorney’s fees, costs, or both. Any such order or agreement will not affect Client’s obligation to pay contingency fees and Costs under this Agreement. However, in accordance with Paragraph 8 (Attorney’s Fees), any such amounts actually received by Attorney will be credited against the Contingency Fee or Costs, as applicable, incurred by Client.

14. DISCHARGE OF ATTORNEY. Client may discharge Attorney at any time by written notice effective when the notice is received by Attorney. Unless specifically agreed by Attorney and Client, Attorney will provide no further services and advance no further Costs on Client’s behalf after receipt of the notice. If Attorney is Client’s attorney of record in any proceeding, Client will execute and return a substitution-of-attorney form immediately on its receipt from Attorney.

In the event Attorney is discharged without cause before the termination of the litigation, Client shall (1) reimburse Attorney for any and all Costs advanced by Attorney not later than thirty (30) days after receipt of a final cost accounting from Attorney, and (2) upon termination of the litigation, pay Attorney a fee consisting of the reasonable value of Attorney’s services performed up to the point of the discharge. Nothing herein may be construed to limit Client’s rights and remedies in the event of a discharge of Attorney for cause.

15. WITHDRAWAL OF ATTORNEY. Attorney may withdraw from representation of Client: (a) with Client’s consent, (b) upon court approval, or (c) if no court action is filed, for good cause upon reasonable notice to Client. Good cause includes, but is not limited to, Client’s breach of this Agreement, Client’s refusal to cooperate with Attorney, or any other fact or circumstance that would render Attorney’s continuing representation unlawful or unethical.

Notwithstanding Attorney’s withdrawal for cause, Client will remain obligated to pay Attorney out of the Recovery a reasonable Attorney’s fee for all services provided, and to reimburse Attorney for all reasonable Costs advanced before the withdrawal.

Attorney may terminate this Agreement at any time, without cause, by giving to Client not less than sixty (60) days prior written notice of termination, said notice to specify the effective date of the termination. Where Attorney terminates this Agreement without cause, Attorney shall not be entitled to the recovery of any Attorney fee or Costs, regardless of the status of the PCB Action, and regardless of whether or not any amounts of Recovery have been or are subsequently received by Client.

16. CONCLUSION OF SERVICES. The “Conclusion of Services” means when Attorney’s services conclude, whether by completing the terms of this Agreement or by discharge (under Paragraph 14) or withdrawal (under paragraph 15). Subject to Paragraphs 8 and 10, at the Conclusion of Services, all unpaid charges will immediately become due and payable, unless otherwise provided herein. Attorney shall notify Client in writing of the Conclusion of Services and provide an accounting of Costs, fees, and other charges due. Attorney is authorized to apply any Client funds held in Attorney’s client trust account to pay unreimbursed advanced Costs.

17. LIEN. Except in situations where Attorney withdraws or is discharged, such 282
City of Pittsburg
PCB Legal Services Agreement
12 situations being governed by Sections 14 and 15, Client hereby grants Attorney a lien on any and all claims or causes of action that are the subject of Attorney’s fee and/or Costs advanced under this Agreement. Attorney’s lien will be for any sums owing to Attorney for any unpaid Costs (under Paragraph 10) or fees (under Paragraph 8) at the conclusion of Attorney’s services. The lien will attach to any Recovery Client may obtain, whether by arbitration award, judgment, settlement or otherwise.

18. RELEASE OF CLIENT’S PAPERS AND PROPERTY. At the termination of services under this Agreement, Attorney will release to Client on request all of Client’s papers and property. Client’s papers and property include correspondence, deposition transcripts, exhibits, experts’ reports, legal documents, physical evidence, and other items in possession of Attorney reasonably necessary to Client’s representation.

19. CONFIDENTIALITY. This Agreement establishes the relationship of attorney- client between the parties hereto. Attorney shall hold all money and property of Client in trust for Client’s benefit, with all funds deposited and managed in Attorney’s client trust account as required by law, shall not divulge Client’s confidences, and shall be entitled to the candid cooperation of all Client’s employees in all matters related to the assigned files and any related actions. This Agreement is privileged and confidential and is subject to Business and Professions Code section 6149 and Evidence Code section 952 and 954.

20. DISCLAIMER OF GUARANTEE. Although Attorney may offer an opinion about possible results regarding the subject matter of this Agreement, Attorney cannot guarantee any particular result. Client acknowledges that Attorney has made no promises about the outcome and that any opinion offered by Attorney in the future will not constitute a guaranty.

21. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement is binding on the parties.

22. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in effect.

23. MODIFICATION BY SUBSEQUENT AGREEMENT. This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing, approved and executed in the same manner as the initial Agreement.

24. MEDIATION CLAUSE. If a dispute arises out of or relating to any aspect of this Agreement between Client and Attorney, or the breach thereof, and if the dispute cannot be settled through negotiation, Attorney and Client agree to mediation pursuant to Paragraph 8(g) before resorting to litigation, or any other dispute resolution procedure.

25. NO AWARD OF ATTORNEY’S FEES OR COSTS IN ACTION ON
AGREEMENT. Each party shall bear its own attorney’s fees and costs incurred in any action or proceeding concerning or arising out of this Agreement, or efforts to negotiate the matter, and the 283
City of Pittsburg
PCB Legal Services Agreement
13 parties shall share equally the costs of any arbitrator, mediator, or other decision maker in any forum.

26. GOVERNING LAW. The terms and provisions of this Agreement and the performance of the parties hereunder are governed by the laws of the State of California. The venue of any action to enforce this agreement is the Superior Court in and for the County of Contra Costa.

27. EFFECTIVE DATE OF AGREEMENT. This Agreement is effective on the date last executed below. Once effective, this Agreement will, however, apply to services provided by Attorney on this matter before its effective date.

28. AUTHORITY OF PARTIES. Each of the signatories to this Agreement warrants that he or she has the authority to enter into and execute this Agreement and to bind the entity or entities on whose behalf they sign.

29. EXECUTION. This Agreement may be executed in duplicate counterparts. This Agreement and future documents relating to this Agreement may be digitally signed in accordance with California law. Any party to this Agreement may revoke such agreement to permit digital signatures at any time by providing written notice to the other party.

The foregoing is agreed to by:

City of Pittsburg (Client)
Dated: By
Donna Mooney
City Attorney
SHER EDLING LLP (Attorney)
Dated: By
Matthew K. Edling
Partner
284

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, Select Appointments to Vacancies on the Measure M/P Citizens Oversight Committee
MEETING DATE: 09/19/22

EXECUTIVE SUMMARY
The Measure M/P Citizens Oversight Committee is comprised of three members of the Community Advisory Commission and two members from the business community that also live in Pittsburg. Five (5) openings exist on the Measure M/P Citizens Oversight Committee.

Community Advisory Commissioners were asked to volunteer to serve on the Committee, and staff has reached out to the business community. Four (4) appointments are ready to be made.

FISCAL IMPACT
There is no fiscal impact.

RECOMMENDATION
Staff recommends appointment of the following to the Committee.

Dennisha Marsh, Community Advisory Commission
Kesha Hackett, Community Advisory Commission
Veronica Pope, Community Advisory Commission
Tara Sanders, Chamber of Commerce
The remaining vacant opening from the business community will be filled at a later date.

BACKGROUND
On June 5, 2012 the voters of Pittsburg passed Measure P, the Pittsburg Preservation of Citywide Services Temporary Funding Transactions and Use Tax Ordinance. The ordinance established a one-half of one percent (0.5%) use and transaction tax. 285
On June 7, 2016, the voters of Pittsburg passed Measure M, extending the use and transaction tax to June 30, 2035. The measures require the establishment of a Citizens Oversight Committee (“Committee”) charged with making recommendations to the City Council for the use of the revenue.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
The Committee is to (1) receive information from City staff on the receipt of revenue and the expenditure of funds from the Measures, (2) provide recommendations to the City Council on the use of the Measures revenue, (3) shall produce a report that records the results of its recommendations for expenditure of the revenue generated from the tax, and (4) present the report to the City Council at a public meeting and be made a public record. Committee meetings are open to the public and subject to the Brown Act.

ATTACHMENTS:

Measure P Citizens Oversight Committee Fact Sheet
Report Prepared By:

Alice E. Evenson, City Clerk
286
1 Measure P Citizens Oversight Committee Fact Sheet
Overview:

On June 5, 2012 the voters of Pittsburg passed Measure P, establishing a one-half of one percent (0.5%) use and transaction tax for the first five (5) years, and then will be reduced to one-quarter of one percent (0.25%) from the sixth through tenth year before being eliminated.

The Pittsburg Preservation of Citywide Services Temporary Funding Transactions and Use Tax Ordinance includes a requirement for a Citizens Oversight Committee that is charged with making recommendations to the City Council for use of the tax revenue.

Scope of Responsibility:

To receive information from City staff on the receipt of revenue and the expenditure of funds from Measure P.

1. Provide recommendations to the City Council on the use of Measure P revenue.

2. Committee shall produce a report that records the results of its recommendations for expenditure of the revenue generated from the tax.

3. The report shall be represented to the Council at a public meeting and shall be a public record.

Committee Composition:

1. Member must be a Pittsburg resident and registered voter.

Sample committee members:
a. Chamber of Commerce member(s) – representative of a Pittsburg business – 2 each
Community Advisory Committee member(s) – 3 each. Being a member of the CAC is a pre-requisite to being a member of the Measure P Citizen’s Oversight Committee.

2. Members will be appointed by the City Council.

Term:

Generally, members will serve for two years. For CAC appointments, appointment to the Measure P Citizen’s Oversight Committee is the lesser of two years or the period of time the member is on the CAC. For Chamber appointments, the appointment is for two years, unless replaced earlier by the Chamber or the City. 287
2 Committee Organization and Use of Existing City Practices:

Staff is recommending that the Committee follow all relevant existing City practices in terms of organization and conduct by:

1. Electing a Chair and Vice Chair.

2. Operate in accordance with the Ralph M. Brown Act.

3. Comply with all State and local mandated conflict of interest/economic interest disclosure requirements.

4. Comply with requirements of AB1234 – Mandatory two hour ethics training every two years.

5. Receive no compensation for their service on the Committee.

Committee Meeting Schedule:

The City’s budgeting occurs in the Spring of each year. Staff recommends having the Committee active from March to June of each year.

1. No specific dates and times have been established at this point.

2. Staff will work with appointed Committee members to identify days/times that work well with their schedules.

3. All meetings will be public, published in accordance with the Brown Act, and posted within required timeframes.

4. The report prepared by the Committee documenting their findings and recommendations will be presented to the City Council at the Budget workshops.

Staff/Administrative Support:

Staff from the City Manager’s and Finance Department will have primary responsibility for supporting the Committee.

Appointment of Committee Members:

Members will be appointed in February 2013.
288

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of City Council Resolution Authorizing City Manager to Execute a Contract for Police Vehicle Equipment
MEETING DATE: September 19, 2022

EXECUTIVE SUMMARY
The City maintains a fleet of vehicles and equipment necessary for police operations and for maintenance of the City’s infrastructure. If approved, the resolution authorizes execution of a contract with LEHR Inc., from Pittsburg, for equipment for new police vehicles from October 1, 2022 to September 20, 2023 in an amount not to exceed $380,000 and approve an option to extend the agreement for four additional one-year terms in the maximum amount of $250,000 annually, piggybacking off of a competitive bid process undertaken by County of Placer.

FISCAL IMPACT
The Police vehicle equipment contract is fully funded in the Fleet Operations Maintenance Budget for FY 2021-22 and FY 2022-23. No additional funds are requested. Funds are not encumbered against the agreement until services are provided. Staff will not exercise an option to extend the contract without appropriate available funding.

RECOMMENDATION
City Council adopt the attached Resolution authorizing the City Manager to execute a contract with LEHR Inc., not to exceed $380,000, for equipment for new police vehicles.

BACKGROUND
Every year, parts for Police Department (PD) vehicles are funded in the Fleet budget for auto parts and supplies. In the past, staff performed most installations in-house. However, as the complexity of the equipment has increased, this is no longer practical for fleet operations, and an outside company now performs most equipment installation.

289
Over the past year, many industries have encountered increased costs, global supply chain disruptions and long delays. Additionally, prices in many industries are currently fluctuating on a weekly basis. As a result of inflation and supply chain issues, suppliers are recommending purchasing parts for vehicles the City will be receiving in the next several years ahead of time and storing the parts until the vehicles are received and ready to be outfitted. Staff recommends following these guidelines.

The City has routinely and historically used contractors to provide this service, but this has generally been coordinated as vehicles arrive. This contract will secure the necessary parts to outfit police vehicles in a volatile economy, create efficiency and save valuable staff time that can be focused elsewhere. Staff has previously conducted a competitive public bid process each year to establish costs of outfitting vehicles, with LEHR being the most recent contract. LEHR has provided satisfactory services in providing parts and outfitting vehicles for the City for several years and is also a local, preferred vendor.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
Staff proposes securing the necessary items for previously purchased vehicles and future vehicles, save valuable time, and take advantage of pricing obtained through competitive bidding by the County of Placer. The Agreement “piggybacks” on the price obtained by the County of Placer.

The County of Placer conducted a competitive process that opened on July 30, 2019 and closed on August 13, 2019. Upon review Placer County selected Stommel Inc. dba Lehr as the lowest, responsible responsive bidder to meet the specifications, thusly awarding the firm with Contract Number Agreement No. SCN104242. The Contract between Stommel Inc. dba Lehr ends on September 30, 2022, with four one-year options to extend the contract, and Placer County anticipates extending this contract with LEHR.

Staff seeks authorization for the execution of an agreement with LEHR which will “piggyback” on the contract award by Placer County.

The Police Vehicle Equipment Contract is fully funded in the Fleet Operations Maintenance Budget for FY 2021-22 and FY 2022-23. The contract may be extended for up to four additional years and shall not exceed $250,000 per year. Funds are not encumbered against the agreement until services are provided. Extension options will not be exercised without appropriate available funding.

Staff recommends the City Council approve the attached resolution to authorize the City Manager to execute a Purchase Order for LEHR, Inc., in an amount not to exceed $380,000, for equipment to outfit the new Police vehicles with needed equipment and parts.

ATTACHMENTS: Resolution
County of Placer – LEHR Contract
Agreement Pittsburg and Lehr
Report Prepared By: Natasha Farmer, Public Works Administrative Analyst I 290

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter Of:

Authorizing Execution of a Contract ) RESOLUTION NO. 22- For Police Vehicle Equipment )
WHEREAS, the City’s Public Works Department is responsible for the care and maintenance of the City’s Fleet including Police Vehicles; and, WHEREAS, County of Placer has undertaken competitive bidding process equivalent to or better than the requirements in City’s Purchasing Policy and has awarded a contract to Lehr as its vendor for Emergency Response Vehicle Supplies/Equipment and Installation Services; and
WHEREAS, City seeks to “piggyback” on the County of Placer contract for Emergency Response Vehicle Supplies/Equipment and Installation Services, specifically Contract No. SCN104242 and
WHEREAS, Lehr is a local, preferred vendor and has provided satisfactory services in providing parts and outfitting vehicles for the City for several years; and WHEREAS, sufficient funds to accommodate the purchase are available in the previously approved City operating budget for Fiscal Year 2021/22 and Fiscal Year 2022/23 for Fleet Operations.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute a contract not to exceed $380,000 with LEHR, Inc.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 19th day of September 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
291
County of Placer
Procurement Services Division
2964 Richardson Drive
Auburn, CA 95603
Phone (530) 886-2122
Supplier Contract
Contract Number SCN104242
Contract Reference 97
Contract Start Date 10/01/2021
Contract End Date 09/30/2022
Buyer Javier Terrazas (51231507)
Phone Number +1 (530) 889.4252 x4252
Email [email protected]

1 Supplier:

STOMMEL INC
dba LEHR
631 N MARKET BLVD STE N
SACRAMENTO, CA 95834
United States of America
This Supplier Contract shall be governed by the attached terms and conditions.

Please reference the Supplier Contract number above on all invoices and correspondence related to this order.

Summary:

Emergency Response Vehicle Supplies/Equipment and Installation Services Vendor Contact: Steve Adair, Ph. #No. 916-267-5547, Email: [email protected] County Contacts:

Probation Dept. Contact (Orders and Accounting):  Chris Artim, Ph. #530-889-7912, Email: [email protected] Placer County Sheriff Contact:  Matt Burgans, Ph. #530-889-7865 Sheriff Accounting:  Lisa Lentz, Ph. #530-889-6919, [email protected] Placer County Fire: Sarah Poindexter, Ph. #530-889-4037 Placer County Fire Accounting: Glenn Nishimoto, Ph. #530-886-4623, [email protected] Renewal of SCN103068
Payment Terms Total Line Amount Total Tax Amount Total Contract Amount
NET 30 275,000.00 0.00 275,000.00
Service Lines
Line Number Description Start Date End Date Amount
1 Emergency response vehicle equipment and supplies as well as equipment installation services in accordance with the vendor's agreement to renew SCN103068 - see attached for pricing, terms, and conditions.

This is the second of four optional one-year renewal terms that were approved by the Board of Supervisors on September 24, 2019.
10/01/2021 09/30/2022 275,000.00
292
Procurement Services Division
2964 Richardson Drive ▪ Auburn, CA 95603
(530) 886-2122
20000 - Emergency Response Vehicle Equipment and Installation Services Opening Date: July 30, 2019 4:45 PM
Closing Date: August 13, 2019 3:00 PM
To ensure a complete and timely response, it is strongly recommended that you submit your bid response via our Online Bidding System.

However, if you have difficult submitting your bid online or prefer to submit your bid manually (hard-copy) for any reason, print and complete this bid package along with any required bid documents, and mail or deliver in a sealed envelope to:

Placer County Procurement Services Division
2964 Richardson Drive
Auburn, CA  95603
All bids must be submitted on original documents (no fax bids) prior to the Closing Date and Time specified above and as prescribed in this bid's General Terms and Conditions. All bids must be signed by an authorized representative of the firm. UNSIGNED OR LATE BIDS WILL BE REJECTED.

Vendors shall complete the area below for hard copy submissions:

COMPANY NAME:  ____________________________________________________ Mailing Address:     ____________________________________________________ City/State/Zip:         ____________________________________________________ Contact Person:      ____________________________________________________ Telephone:              ____________________________________________________ Email:                      ____________________________________________________ SIGNATURE:          ____________________________________________________ DATE:                     ____________________________________________________ Title:                        ____________________________________________________ By signature above, bidder hereby agrees to and accepts the terms, conditions and requirements specified in this bid, including the following bid documents and all related addenda (if any).

Vendor Details
293
Company Name: Stommel Inc
Does your company conduct business
under any other name? If yes, please
state:

Lehr Auto Electric
Address:
4707 Northgate Blvd
Sacramento, CA 95834-1120
Contact: Steve Adair
Email: [email protected]
Phone: 916-267-5547
Fax: 916-646-6656
HST#: 61-1499917
Submission Details
Created On: Thursday August 08, 2019 16:23:20
Submitted On: Tuesday August 13, 2019 11:55:35
Submitted By: Steve Adair
Email: [email protected]
Transaction #: bf9e4edd-1317-482f-9d85-05e42711727e
Submitter's IP Address: 207.242.136.194
294
Schedule of Prices

BID PRICING WORKSHEET - Category 1
ITEM NO. DESCRIPTION UOM EST. ANNUAL
USAGE

MANUFACTURE
R

MANUFACTURERS
PART NUMBER UNIT PRICE * EXT PRICE

PRODUCT

WARRANTY

INFORMATION
(state number
of months and
any special
terms or
provisions that
may apply)

COMMENTS

1.1 Lightbar with the following
options/modifications:  Add (2) LR11
Flashing Alley Lights, LED
(SRALF1); Add (2) 500 Series
inboard LED, one red and one blue
(SLDBR); Add (2) 500 Series
inboard LED, one red and one blue
(SLDBR); Add (2) TIR high output
LED take downs, flashing or steady
(SXTDLED); and Add (2) 500
Series inboard LED, amber/amber
(SLDAA).

EA 15 Whelen LFL
Liberty SW
WeCan Series
Super-LED 54"
Lightbar
SW2RRBB $1,750.0000 $ 26,250.00 60 Whelen Master
Distributor
*

1.2 Strap Kit for LFL Liberty SW
WeCan Series Super-LED 54"
Lightbar.  Strap Kit shall be
compatible with Chevrolet Tahoe
Police SUVs.

EA 15 Whelen
Engineering
STPKT71 $57.0000 $ 855.00 60 Whelen Master
Distributor
*

1.3 CenCom Sapphire Siren with
amplifier control module with pigtails,
traffic advisor module, and
microphone with CCMICX20 included
(20' microphone cable).

EA 15 Whelen
Engineering
CCSRN3 $595.0000 $ 8,925.00 60 Whelen Master
Distributor
*

1.4 PB400 Full Aluminum Push
Bumpers.  Push bumpers shall be
compatible with 2015 to current
model year Chevrolet Tahoe Police
SUVs.

EA 15 Setina
Manufacturing
Bodyguard
PB400
BK0534TAH15 $319.2000 $ 4,788.00 60 Setina Master
Distributor
*

1.5 Patrol Car Seat, black, with Laguna
Seat Belts and Rear Cargo Cage.

Patrol car seat shall be compatible
with 2011 to current model year
Chevrolet Tahoe Police SUVs.

EA 15 Laguna 3P
Products
CT5502 $1,084.0000 $ 16,260.00 60 Laguna
distributor
*

1.6 Stationary Vinyl Coated Partition
with Full Lower Extension Panel.

The partition shall be compatible
with 2015 to current model year
Chevrolet Tahoe Police SUVs.

EA 15 Setina
Manufacturing 8-
VS Series
PK0369TAH10SCA $599.2500 $ 8,988.75 60 correct Part
Number
PK0369TAH15S
CA
*

1.7 Shotgun Gun Lock EA 15 Santa Cruz SC-1H $77.0400 $ 1,155.60 12 #2 Key  *

1.8 Ratchet Lock Gen. 2 EA 15 Santa Cruz SC-6H $125.9500 $ 1,889.25 12 #2 Key  *

1.9 Muzzle Up Partition Mount EA 30 Santa Cruz SC-915P $69.9900 $ 2,099.70 12 Authorized Distributor  *

1.10 Siren Speaker EA 15 Whelen SA315P $179.9900 $ 2,699.85 24 Authorized Distributor  *

1.11 Speaker Bracket Kit for Whelen
SA315P Speaker
EA 15 Whelen SAK1 $26.6500 $ 399.75 60 Authorized
Distributor  *

1.12 Plug In Headlight Flasher for 2015
to current model year Chevrolet
Tahoe Police SUVs
EA 15 SoundOff ETHTAHO-07 $65.7200 $ 985.80 60 Authorized Distributor  *

1.13 Vertex Super-LED Light, Single Self-
Contained Hemispheric Light,
Color:  BLUE
EA 45 Whelen VTX609B $77.3500 $ 3,480.75 60 Authorized
Distributor  *

1.14 Vertex Super-LED Light, Single Self-
Contained Hemispheric Light,
Color:  RED
EA 45 Whelen VTX609R $77.3500 $ 3,480.75 60 Authorized
Distributor  *

1.15 Vertex Super-LED Light, Single Self-
Contained Hemispheric Light,
Color:  CLEAR
EA 45 Whelen VTX609J $77.3500 $ 3,480.75 60 Authorized
Distributor  *

1.16 LIN3 Series Super-LED Lighthead,
Horizontal Mounting, Color:  BLUE
EA 15 Whelen RSB02ZCR $55.2000 $ 828.00 60 Authorized
Distributor  *

1.17 LIN3 Series Super-LED Lighthead,
Horizontal Mounting, Color:  RED
EA 15 Whelen RSR02ZCR $55.2000 $ 828.00 60 Authorized
Distributor  *

1.18 Mounting Bracket for LIN3 Series
Super-LED Lighthead (Horizontal
Mounting)
EA 30 Whelen RBKT1 $8.4000 $ 252.00 60 Authorized
Distributor  *
295

1.19 PAR46 LED Flood - Spotlight EA 25 Whelen
Engineering
P46FLC $129.9900 $ 3,249.75 60 Authorized
Distributor  *

1.20 PAR46 LED Spot - Spotlight EA 25 Whelen
Engineering
P46SLC $129.9900 $ 3,249.75 60 Authorized
Distributor  *

1.21 Magnetic Mic Kit EA 25 Whelen
Engineering
MMSU-1 $34.9500 $ 873.75 12 Authorized
Distributor  *

1.22 Blac-Rac Weapon Mount EA 20 Blac-Rac 1082E $549.0000 $ 10,980.00 12 Authorized Distributor  *

1.23 Chargeguard-Select Auto Shut-Off
Timer
EA 15 Havis Inc. CG-X $71.3800 $ 1,070.70 36 Authorized Distributor  *

1.24 Littlite 12" Gooseneck Lamp with
Rehostat Control, Gooseneck
Extends From End of Chassis, Lead
Extends From Bottom of Chassis.

EA 15 Federal Signal LF12ERB $57.7500 $ 866.25 60 Authorized Distributor  *

1.25 Patrol Vehicle "Placer" Console,
consisting of the following
components:Arm Rest w/2"
Extension - Lehr Auto Electric
Model# PARM002Tall, Arm Rest
Pad - Lehr Auto Electric Model#
PARP, XTL2500 3" Faceplate -
Troy Products Model#FP-MXTL5000,
Cencom 4" Faceplate - Troy
Products Model#FP-WC10285909,
1" Blank - Troy Products Model# FP-
BLNK1, 2" Blank - Troy Products
Model# FP-BLNK2, 4" Beverage
Holder - Troy Products Model#
EA 12 Lehr Auto
Electric
PCC001 $1,142.0000 $ 13,704.00 60 Authorized
Distributor
*

1.26 Mount Kit EA 1 Troy Products AC-EXP03 $117.1800 $ 117.18 60 limited Lifetime  *

1.27 Speaker EA 1 Code 3 C3100ENO7 $178.3800 $ 178.38 24 Authorized Distributor  *

1.28 12" Litlite Console Light EA 1 Feederal Signal LF12TRB $57.7500 $ 57.75 60 Authorized Distributor  *

1.29 3 Accessory Outlet EA 2 Able2 Shoe-Me 14.0553 $21.9500 $ 43.90 24 Authorized Distributor  *

1.30 Dual Stacked LED X Light EA 2 Code 3 LXEX2F-RR $378.7800 $ 757.56 60 Authorized Distributor  *

1.31 Wig-Wag EA 1 Sound Off LAROOBK $42.6000 $ 42.60 60 Authorized Distributor  *

1.32 Double Beam Halogen Work Lamp
12V
EA 2 Hella 006991663 AS 115 $41.8200 $ 83.64 12 Authorized Distributor  *

1.33 LED Strip Light EA 1 Whelen PSC0CDCR $91.8000 $ 91.80 60 Authorized Distributor  *

1.34 2007-2010 Ford Expedition Base EA 1 Gamber Johnson 7160-446- $113.4000 $ 113.40 60 Part Number 7160-0046  *

1.35 Mongoose 9" Locking Slide Arm w/o
Standard Attachment
EA 1 Gamber Johnson 7160-0219 $247.8000 $ 247.80 60 Part has been discontinued
replacement
quoted 7160-
0220
*

1.36 Tlt Swivel Attachment EA 1 Gamber Johnson DS-CLEVIS $56.0000 $ 56.00 60 Discontinued part -
replacement
quoted 7110-
1008
*

1.37 Radio Ray Wireless Spot Light EA 1 GoLight 7900 $244.1100 $ 244.11 36 Limited 3yr warranty  *

1.38 18" Console EA 1 Troy Products CC-MC18 $344.8800 $ 344.88 60 Authorized Distributor  *
Subtotal: $ 124,020.15
296
297
Bid Questions
Delivery Time: Bidders shall indicate their delivery time (after an order is received) for items specified in this bid without installation services in the space provided.  Indicate your Delivery Time in Days
Delivery time 2-21 days.  (In stock items 1-2 days, Items needed to be ordered up to 3 weeks however we stock many of your every day items.)
Turnaround Time:  Bidders shall indicate their normal
turnaround time for a fully installed emergency vehicle in the space provided.  Indicate your Turnaround Time in
Days
3-5 business days
**Note: If installation service is needed on behalf of Placer County Fire Department, the County intends to deliver and pick up the vehicles at the successful firm's location. As an option, Placer County Fire may require the successful firm to pick up and/or deliver a vehicle.  Bidder shall provide rates for pick up and delivery service to be charged one- way, from vendor's shop to Placer County Fire facility
only.**
$65 per hour based on Map Quest travel time 35 minutes travel time Travel Rate:  Bidders shall provide rates for pick up and delivery service to be charges one-way, from the vendor's shop to the Placer County Fire Department address:
13760 Lincoln Way Auburn, CA 95603.  Indicate your travel rate
$65 per hour based on Map Quest travel time 35 minutes travel time Travel Time: Bidders shall provide rates for pick up and delivery service to be charges one-way, from the vendor's shop to the Placer County Fire Department address:
13760 Lincoln Way Auburn, CA 95603.  Indicate your
Travel Time
$65 per hour based on Map Quest travel time  35 minutes travel time Documents
Upload additional information here - optional, unless otherwise denoted as mandatory (with asterisk):

Additional Document - Additional Discounts.xlsx - Tuesday August 13, 2019 11:36:56 298
Attachment A
Bid No. 20000

COUNTY OF PLACER

EMERGENCY RESPONSE VEHICLE EQUIPMENT AND INSTALLATION SERVICES

SUPPLEMENTAL TERMS AND CONDITIONS

1. DOCUMENTS

Below are the documents associated with this bid.

Attachment A – Supplemental Terms and Conditions
Attachment B – Scope of Work
Attachment C – Insurance Requirements
Attachment D – Lightbar Configuration (Patrol Vehicle)

2. OVERVIEW

Placer County is soliciting bids for the purchase and installation of emergency response vehicle equipment & related supplies for the Placer County sheriff’s Office and Placer County Fire Department. Placer County intends to award a supplier contract for the purchase emergency response vehicle equipment and installation services on an as-needed basis. The items, quantities, sample jobs, services, and occurrences listed in this bid represent the County’s estimated annual requirements and will be utilized for evaluation purposes only. The County does not guarantee any minimum or maximum quantities that will be purchased or minimum or maximum dollar amounts to be spent throughout the term of the resulting agreement(s). Please note that the County requires NEW PRODUCT ONLY – No refurbished, demo, or restored products will be accepted unless specifically authorized by County staff.

3. PRICING

Responding bidders shall indicate their hourly shop rate for the services described herein as well as provide firm, fixed prices and discounts off list prices for the emergency response vehicle equipment and supplies listed in this bid for the initial contract period of approximately one year from the date this bid is awarded. Pricing offered in the bid line items herein shall be for services provided during the successful firm’s normal business hours. Overtime will not be required. The bidder’s shop labor rate per hour offered herein shall apply to all vehicle and equipment makes, models, and types.

The prices offered by bidders shall be exclusive of sales tax (applicable sales tax shall be added to the County’s invoices). The discounts offered by bidders for the brands listed in this solicitation shall be calculated and billed in addition to any invoice terms that are offered.

All rates shall be billed in accordance with the bidders offered pricing. The County will not accept or pay any premiums, administrative surcharge costs, or any other surcharges that are not identified in the bidder’s response. Charges imposed by the State of California or Federal Government after the bid has been awarded will be honored.

299
Attachment A
Bid No. 20000

4. AWARD

4.1. This bid shall be evaluated and awarded by an all-or-none basis. The bid evaluation will consider the total cost to install the Sheriff’s Office patrol vehicle equipment into a typical Chevrolet Tahoe 4x2 and 4x4 for items 1.1 through 1.25 and a Ford Expedition for the Placer County Fire Department for items 1.26 through 1.38 for evaluation purposes. This cost will be determined by multiplying the firm’s shop labor rate by the total estimated time to install the equipment, as determined by the County. The estimated installation time will be 18 hours of labor for evaluation purposes only. Local Vendor Preference (if applicable), prompt payment discounts, optional pick up/delivery rates, travel time, travel time rate, turnaround time, and adherence to all conditions and requirements of this bid will also be considered.

Bidders are not required to bid on all categories to be considered for award however Placer County reserves the right to award the bid based on pricing offered for the most categories.

4.2. An example of a typical Chevrolet Tahoe patrol vehicle installation includes the following equipment (manufacturer or supplier is shown in parenthesis – no substitutions):

 Light Bar System (Whelen/Cencom)
 Headlight Flasher (Soundoff)
 Siren Speaker and Bracket (Whelen)
 Maplight (Little Lite)
 Radio Mounting Console (Lehr)
 Cage (Setina)
 Gun Locks – 2 per vehicle (Santa Cruz)
 Push Bumper (Setina)

All emergency equipment, dome light, and spotlight are required to be wired to an auxiliary power source in the rear of the vehicle. All power should be timed and disconnected as to protect the vehicle from a dead battery.

4.3. Other public agencies may elect to “piggyback” on the County’s resulting agreement(s). It will be the responsibility of the other agencies to execute separate contracts with the successful bidder(s) at the same bid pricing (refer to this Bid’s General Terms and Conditions, Section 22) through the end of the initial contract period. Any subsequent renewal pricing and terms successfully negotiated between Placer County and the successful bidder(s) would be made available to those other agencies.

5. DELIVERY REQUIREMENTS

5.1. Bidder’s pricing for equipment and supplies shall be FOB Destination, freight prepaid and assumed by the successful bidder, inside delivery to the following address:

Placer County Sheriff’s Office
2929 Richardson Drive, Ste. A
Auburn, CA 95603

Placer County Fire Department
13760 Lincoln Way
Auburn, CA 95603
300
Attachment A
Bid No. 20000

5.2. The successful bidder shall deliver regular orders within five (5) business days of order placement for the complete order (no partial deliveries will be allowed unless specifically approved by County staff at the time the order is placed). There will also be occasions where the County will need to place an emergency order, which shall be defined as items which are so urgently needed that they must be delivered within forty-eight (48) hours of placing the order or items that are not available from the vendor’s normal inventory. In these instances actual freight charges will be allowed with written approval from the County employee placing the order. All freight charges shall be prepaid by the vendor and added to the resulting invoice. Freight collect charges will not be allowed. The vendor shall clearly advise County personnel of such emergency order circumstances for authorization at the time the order is placed with the vendor.

5.3. If the County’s orders are not delivered within the delivery times specified herein, the County reserves the right to cancel the order and obtain the products from another source. In the event that the County must make such open market purchases, the County reserves the right to exercise the provisions of Section 17 of this bid’s General Terms and Conditions.

Continued non-compliance with the stated delivery times may be cause for cancellation of the resulting agreement.

6. PRICE LISTS

Placer County requests that the successful bidder provide pric e lists upon award of the resulting agreement for each of the manufacturer discounts offered in the successful bidder’s completed Bid Pricing Worksheet. The County will accept electronic versions of the price lists if hard copies are not available (e.g. CD’s, flash drives, etc.). These lists will be used to verify the discount pricing on the resulting invoices. All price lists shall be provided free of charge to the County. The County also prefers that the successful bidder(s) state the manufacturer’s list price, the bidder’s offered discount off list price, and the net price for each part purchased on the resulting invoices. The successful bidder shall be responsible for notifying the Placer County Sheriff’s Office primary contact as well as the Procurement Services Division of any changes or updates to the bidder’s/manufacturer’s published catalog/list prices that occur during the contract period.

7. INSURANCE REQUIREMENTS

The successful bidder shall be required to furnish a certificate of insurance within ten (10) calendar days following receipt of a Notice of Award demonstrating proof of coverage in the amounts specified in Attachment C, Insurance Requirements.

8. SUBCONTRACTING

The successful bidder shall not subcontract any portion of the work to be performed under the resulting agreement.

9. EQUIVALENT/ALTERNATE OFFERS

Due to the standardization of the County’s emergency response vehicle equipment including the County’s inventory of repair/replacement parts as well as staff training issues, bids will only be accepted for the brand and model emergency response vehicle equipment and supplies specified in the Bid Worksheet.
301
Attachment A
Bid No. 20000

10. SERVICE STANDARDS

The successful bidder shall provide all necessary personnel, tools, parts, materials, and equipment to perform the services described herein. The successful bidder shall perform all work in such a manner as to meet all accepted standards for safe practices for emergency response vehicle equipment installation services and to safely maintain stored equipment or other hazards consequential or related to the work. The successful bidder agrees to accept the sole responsibility for complying with all local, County, State or other legal requirements at all times including, but not limited to, O.S.H.A. and CAL. O.S.H.A. Safety Orders. The successful bidder must meet all EPA standards as well as all Federal, State, and Local laws, standards, and regulatory and permitting requirements while performing services on behalf of Placer County.

11. WORKMANSHIP

All services shall be performed in accordance with the highest standards prevailing in the trades. All of the successful bidder’s employees shall be especially skilled and appropriately trained and certified for the kind of work for which they are employed. Should the successful bidder’s Manager and/or Placer County staff deem anyone employed by the successful bidder incapable of completing the work required, the successful bidder shall immediately dismiss the employee from performing services on behalf of the County. Such removal shall not be considered a basis for employee’s claim for compensation or damages against the County, or any of its officers or agents. 302
Attachment B
Bid No. 20000

COUNTY OF PLACER

EMERGENCY RESPONSE VEHICLE EQUIPMENT AND INSTALLATION SERVICES

SCOPE OF WORK

1.0 The successful bidder shall be regularly established in the business of routine emergency vehicle lighting and equipment installation services on a variety of patrol vehicles, light trucks, and fire trucks. Responding firms shall have staff experienced in the installation of law enforcement and fire department radios, “Code 3” emergency equipment, prisoner partitions, mounting consoles, trunk racks, cages and gun locks at a minimum.

2.0 The successful bidder shall be qualified and capable of performing equipment installation services on various types of emergency response vehicles and equipment including, but not limited to, law enforcement sedans, sport utility vehicles, trucks, undercover vehicles, trailers, off-highway vehicles, and boats, including Type I and Type II engines.

3.0 Time is of the essence in returning County vehicles to service. The successful bidder agrees that work performed under the resulting agreement shall receive top priority over other work in the successful bidder’s shop. If the County determines that the workload of the successful bidder is such that timeliness is not possible in a given situation, the County reserves the right to assign the job to another vendor.

4.0 In the event that the successful bidder is unable to respond or complete the requested services within the bidder’s stated turnaround time, the successful bidder shall notify the County designated contact person immediately prior to commencing work. The County at its sole discretion may elect to utilize the services of another vendor in such instances and will notify the successful bidder if such intention is to be exercised.

5.0 The successful bidder agrees that the County has the right to view any work performed on a County vehicle at the successful bidder’s facility at any time, whether or not services have been completed. The successful bidder agrees that the County has the right to audit any work performed by the successful bidder.

6.0 The successful bidder warrants the goods furnished to be of the highest quality, complying with the specifications and free from all defects whatsoever in workmanship and materials, for a minimum period of one year from the date of delivery. Replacements and repairs under this warranty are to be made by the successful bidder at no cost and to the satisfaction of the County. Equipment installations shall be guaranteed for as long as the County owns/possesses the vehicle.

7.0 The successful bidder agrees that the County has the right to make the final determination as to whether services have been satisfactorily completed. The successful bidder shall include County staff on a walk-through of the vehicle to confirm that all equipment is installed and functioning correctly and testing the equipment prior to the County's acceptance of the work as being completed. Should any portion of the work to be done which, due to any cause, is not in accordance with the specifications or is not satisfactorily completed, it will be rejected and the successful bidder shall immediately make a satisfactory arrangement with the County before proceeding with other work. The successful bidder shall promptly correct all work rejected by the County as faulty, defective, or failing to conform to the product specifications or scope of 303
Attachment B
Bid No. 20000

work defined herein, whether observed before or after substantial completion of the work and whether or not inspected, tested, repaired, fabricated, installed, or completed. The successful bidder shall bear all costs of correcting such rejected work. This provision applies during the contract term and any resulting renewal periods.

8.0 The successful bidder shall be held responsible for any breakage or loss of the County’s vehicles or equipment while performing service on the County’s vehicles. The successful bidder shall be responsible for restoring or replacing any equipment, vehicle, etc. so damaged to the satisfaction of the County and at the sole expense of the successful bidder. The successful bidder shall immediately report to the County any damages to the vehicle or equipment resulting from services performed under the resulting agreement.

9.0 The successful bidder, at the County’s request, shall provide a field representative to meet with County personnel at least once a month to review the department's inventory levels, discuss the department's emergency lighting and equipment requirements and introduce additional products to address any County needs. The successful bidder shall also have technical staff available to conduct scheduled on-site meetings at the County’s request. The successful bidder shall provide inside sales support capable of providing product specification sheets, quotations, order placement and expediting, via fax and telephone at the County’s request.

304
Attachment C
Bid No. 20000

PLACER COUNTY INSURANCE REQUIREMENTS

1. HOLD HARMLESS AND INDEMNIFICATION AGREEMENT

The CONTRACTOR shall save, keep, hold harmless, defend, and in demnify PLACER COUNTY from all damages, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of or in the course of performing work which may be occasioned by any willful or negligent act or omissions of the CONTRACTOR, any of the CONTRACTOR'S employees, o r a n y subcontractors.

The CONTRACTOR shall be responsible for any liability imposed by law and for death, injury, or damage to property of any person including, but not limited to, workmen, subcontractors, and the public, resulting from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance.

If any judgment is rendered against PLACER COUNTY for any inju ry, death, or damage caused by CONTRACTOR as a result of work performed or completed , pursuant to this agreement, CONTRACTOR shall, at its own expense, satisfy and discharge any judgment.

As used above, the term PLACER COUNTY means PLACER COUNTY, its o f f i c e r s , agents, employees, and volunteers.

2. INSURANCE:

CONTRACTOR shall file with the COUNTY concurrently herewith a Certificate of Insurance, in companies acceptable to COUNTY, with a Best's Rat ing of no less than A- :VII showing.

3. WORKER'S COMPENSATION AND E MPLOYERS LIABILITY INSURANCE:

Worker's Compensation Insurance shall be provided as required by a ny ap p lica b le law o r regulation. Employer's liability insurance shall be provided i n amounts not less than one million dollars ($1,000,000) each accident for bodily injury by accident, one million dollars ($1,000,000) policy limit for bodily injury by disease, and one million dollars ($1,000,000) each employee for bodily injury by disease.

If there is an exposure of injury to PROVIDER'S employees unde r the U.S. Longshoremen's and Harbor Worker's Compensation A c t , t h e J o n e s A c t , o r u n d e r laws, regulations, or 305
Attachment C
Bid No. 20000

statutes applicable to maritime employees, coverage shall be in cluded for such injuries or claims.

Each Worker's Compensation po licy shall be endorsed with the following specific language:

Cancellation Notice - “This polic y shall not be changed without first giving thirty (30) days prior written notice and ten (10) days prior written notice of cancellation for non-payment of premium to the County of Placer.”

Waiver of Subrogation - The workers’ compensation policy shall be endorsed to state that the workers’ compensation carrier waives its right of subrogati on against the County, its officers, directors, officials, employees, agents or volunteers, which might arise by reason of payment under such policy in connection with performance under this agreement by the CONSULTANT.

CONTRACTOR shall require all SU BCONTRACTORS to maintain adequa te Workers' Compensation insurance. Certificates of Workers' Compensation shall be filed forthwith with the County upon demand.

4. GENERAL LIABILITY INSURANCE:

A. Comprehensive General Liability or Commercial General Liabi lity insurance covering all operations by or on behalf of CONTRACTOR, providing insurance for bodily injury liability and prop erty damage liability for the l imits of liability indicated below and including coverage for:

(1) Products and completed operations;
(2) Contractual liability insuring the obligations assumed by CONTRACTOR in this Agreement; and
(3) Broad form property damage (including completed operations)

Except with respect to bodily injury and property damage incl uded within the products and completed operations hazards, the aggregate limits, where applicable, shall apply separately to CONTRACTOR'S work under the Contract.

B. One of the following forms is required:

(1) Comprehensive General Liability;
(2) Commercial General Liability (Occurrence); or
(3) Commercial General Liability (Claims Made).

C. If CONTRACTOR carries a Com prehensive General Liability policy, the limits of liability shall not be less than a Combined Single Limit for bodily injury, property damage, and Personal Injury Liability of:

 One million dollars ($1,000,000) each occurrence
306
Attachment C
Bid No. 20000

 Two million dollars ($2,000,000) aggregate

D. If CONTRACTOR carries a Com mercial General Liability (Occurrence) policy:

(1) The limits of liability shall not be less than:

 One million dollars ($1,000,000) each occurrence (combined single limit for bodily injury and property damage)
 One million dollars ($1,000,000) for Products Completed Operations  Two million dollars ($2,000,000) General Aggregate

(2) If the policy does not have an endorsement providing that t h e G e n e r a l Aggregate Limit applies separately, or if defense costs are inc luded in the aggregate limits, then the required aggregate limits shall be t wo million dollars ($2,000,000).

E. Special Claims Made Policy Form Provisions:

CONTRACTOR shall not provide a Commercial General Liability (Claims Made) policy without the express prio r written consent of COUNTY, whi ch consent, if given, shall be subject to the following conditions:

(1) The limits of liability shall not be less than:

 One million dollars ($1,000,000) each occurrence (combined single limit for bodily injury and property damage)
 One million dollars ($1 ,000,000) aggregate for Products Complet ed Operations
 Two million dollars ($2,000,000) General Aggregate

(2) The insurance coverage provided by CONTRACTOR shall contain language providing coverage up to one (1) year following the completion of the contract in order to provide insurance coverage for the hold ha rmless provisions herein if the policy is a claims-made policy.

Conformity of Coverages - If more than one policy is used to meet the required coverages, such as a separate umbrella policy, such policies shall be consistent with all other applicable policies used to meet these minimum requirements. For example, all policies shall be Occurrence Liability policies or all shall be Claims Made Liability policies, if approved by the County as noted above. In no cases shall the types of polices be different.

5. ENDORSEMENTS:

Each Comprehensive or Commerc ial General Liability policy shal l be endorsed with the following specific language:
307
Attachment C
Bid No. 20000

A. "The County of Placer, its officers, agents, employees, and volunteers are to be covered as an additional insured for all liability arising out of the operations by or on behalf of the named insured in the performance of this Agreement."

B. "The insurance provided by the Contractor, including any ex cess liability or umbrella form coverage, is primary coverage to the County of Placer with respect to any insurance or self-insurance programs maintained by the County of Placer and no insurance held or owned by the County of Placer shall be called upon to contribute to a loss."

C. “This policy shall not be cha nged without first giving thirty (30) days prior written notice and ten (10) days prior written notice of cancellation f or non-payment of premium to the County of Placer.”

6. AUTOMOBILE LIAB ILITY INSURANCE:

Automobile Liability insurance co vering bodily injury and property damage in an amount no less than one million dollars ($1,000,000) combined single limit for each occurrence.

Covered vehicles shall include owned, non-owned, and hired aut omobiles/trucks.

7. ADDITIONAL REQUIREMENTS:

Premium Payments - The insurance companies shall have no recourse against the COUNTY and funding agencies, its officers and employees or any of them for payment of any premiums or assessments under any policy issued by a mutual insurance company.

Policy Deductibles - The CONTRACTOR shall be responsible for all deductibles in all of the CONSULTANT’s insurance policies. The maximum amount of allowable deductible for insurance coverage required herein shall be $25,000.

CONTRACTOR’s Obligations - CONTRACTOR’s indemnity and other obligations shall not be limited by the foregoing insurance requirements and shall survive the expiration of this agreement.

Verification of Coverage - CONTRACTOR shall furnish the County with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the County before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The County reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

308
Attachment C
Bid No. 20000

Material Breach - Failure of the CONTRACTOR to maintain the insurance required by this agreement, or to comply with any of the requirements of this section, shall constitute a material breach of the entire agreement.

Certificate Holder –Placer County subscribes to a service that monitors insurance certificates for compliance with the above requirements. The C ertificate Holder on insurance certificates and related documents should read as follows:

County of Placer
c/o EXIGIS LLC
PO Box 4668 ECM #35050
New York, NY 10168-4668
Fax: 888-355-3599
Email: [email protected]

Upon initial award of a contract to your firm, Exigis will cont act you with further instructions for providing insur ance certificates which meet th e terms of the contract.

Certificates which amend or alter the coverage during the term of the contract, including updated certificates due to policy renewal, should be sent dire ctly to Exigis via fax or email as indicated above.
***SOLE PROPRIETER LANGUAGE:

Workers’ Compensation

CONTRACTOR represents they have no employees and, therefore, not required to have Workers’ Compensation coverage.

CONTRACTOR agrees they have no rights, entitlements or claim against COUNTY for any type of employment benefits or workers’ compensation or other programs afforded to COUNTY employees.

309
310
Terms & Conditions
INVITATION FOR BIDS
GENERAL TERMS AND CONDITIONS
The following provisions are hereby made a part of this Invitation for Bids ("bid") by reference and attachment to the Invitation for Bids document.  Any contract award made as the result of this bid shall be governed by these General Terms and Conditions.  By submission of a bid, bidder does agree if the bid is accepted within 90 calendar days from the date of opening, to furnish to furnish the product(s) and/or service(s) pursuant to these conditions.  In the event of a contract award pursuant to this bid, performance by the successful bidder of any or all of the services, or delivery of any or all of the products defined herein, shall constitute acceptance of all terms, conditions and requirements of the resulting agreement.

WARNING:   It is the bidder’s responsibility to monitor the County’s website for possible addenda to this bid to inform him/herself of the most current specifications, terms, and conditions (see also Section 4 below), and to submit his/her bid in accordance with the original bid requirements and all addenda.  All available bids and related addenda can be found at:   https://placer.bidsandtenders.net.  Failure of bidder to obtain this information shall not relieve him/her of the requirements contained therein.  Additionally, failure of bidder to respond to any addenda, when required, may be cause for rejection of his/her bid.

1. GENERAL.  These provisions are standard for all County contracts.  The County may delete or modify any of these standard provisions for a particular contract by indicating a change in the special instructions to bidders or in the bid.  Any bidder accepting a contract award as the result of this bid agrees that the provisions included within this Invitation for Bid shall prevail over any conflicting provision within any standard form contract of the bidder.

2. SUBMISSION OF BIDS.  Bids shall be submitted to the Procurement Services Division either online, by using the Placer County EBid System, or in hard-copy form (see below for instructions).  All bids must be submitted prior to the date and time specified in this solicitation.  Bids shall be submitted by an employee who is authorized to commit his/her firm or organization to the provisions of the bid.  Any exceptions to the specifications, terms, or conditions of this solicitation shall be clearly indicated by bidder.

SUBMISSION OF HARD-COPY BIDS.  Bidders who wish to submit bids in hard-copy form in lieu of using the Placer County EBid System shall submit their bids to the Procurement Services Division, 2964 Richardson Drive, Auburn, California, 95603, between the hours of 8:00 am and 5:00 PM (Pacific), Monday through Friday (excluding County holidays).  Hard-copy bids shall be submitted in a sealed envelope which clearly identifies the bid number, commodity, and closing date and time.  Bids shall be submitted on the bid forms provided by the County, which may be downloaded from the EBid System or obtained from Procurement Services.  Hard-copy bids must be signed by an authorized employee of the firm.  The County shall not be responsible for bids delivered to a person/location other than that specified herein.  Bids shall be in ink or typewritten and all changes and/or erasures shall be initialed and dated in ink.  Any exceptions to the specifications, terms, or conditions of this solicitation shall be clearly indicated by bidder, without obliterating the original text or images contained herein.

WARNING:  Late bids or unsigned bids shall not be accepted under any circumstances.  Facsimile or telephone bids shall not be accepted.

3. AMENDMENTS TO THE BID.  Any amendment to this bid is valid only if in writing and issued by the Placer County Procurement Services Division.

REQUESTS FOR CLARIFICATION/INFORMATION.  Bidders are instructed to contact the Placer County Buyer/Contact Person(s) specifically identified in this bid for further clarification or information related to the specifications, terms, conditions, or evaluation of this bid.  Information provided by other than the named contact person may be invalid, and responses which are submitted in accordance with such information may be declared non-responsive.  Additionally, contacts made with other County staff in an attempt to circumvent or interfere with the County’s standard bidding and evaluation practices may be grounds for disqualification of the bidder.  Questions should be submitted using the Question tool on the Bids&Tenders site. Questions submitted within four (4) County working days of the bid opening date may not be answered.

4. NON-COLLUSION.  The bidder certifies that his bid is made without any previous understanding, agreement or connection with any person, firm or corporation making a bid for the same project and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action.

5. CONFLICT OF INTEREST.  Bidder states that no County officer or employee, nor any business entity in which they have an interest, has an interest in the bid awarded or has been employed or retained to solicit or aid in the procuring of the resulting contract, nor will any such person be employed in the performance of such contract.

6. AWARD.  The contract may be awarded to the lowest responsible and responsive bidder complying with the provisions of the Invitation for Bid.  In determining whether a bid is lowest and responsive, and the bidder responsible, the following may be considered by the County:  a) Ability to perform the service required within the specified time;  b) Reputation, judgment and experience; c) The quality of performance in previous contracts; d) Previous compliance with laws, as well as employment practices; e) Financial ability to perform the contract; f) The quality, availability and adaptability of the supplies or the contractual services to the particular use required; g) Ability to provide maintenance and service; h) Whether the bidder is in arrears to the County, in debt on contract, is a defaulter on surety to the County or whether the bidder’s taxes or assessments are delinquent; i) The resale value and life cycle costs of the items; j) Such other information as identified in the Purchasing Policy Manual having bearing on the decision to make the award.  The award analysis will also include consideration for Local Vendor Preference (per Section 18 below) and any prompt pay discounts offered by the bidder (per Section 19 below).  The County reserves the right to reject any and all bids and to waive any informality in bids received whenever such rejection or waiver is in the interest of the County.  The County also reserves the right to reject the bid of a bidder who has previously failed to perform properly.  The County may award bids by line item, category, or on an all-or-none basis.

7. MERCHANTABILITY.  There shall be an implied warranty of merchantability and fitness for an intended use.  Any bid submittals taking exception to this requirement may, at the County’s option, be considered non-responsive.

8. SAMPLES.  Samples of items, when required, must be furnished free of expense to Placer County and if not destroyed by tests will, upon request, be returned at bidder’s expense.  Samples of selected items may be retained for comparison.

9. MANUFACTURER’S NAME AND APPROVED EQUIVALENTS.  Unless otherwise specified, manufacturer’s names, trade names, brand names, information and/or catalog numbers listed in a specification are intended only to identify the quality level desired.  They are not intended to limit competition.  The bidder may offer any equivalent product, which meets or exceeds the specifications.  If bids are based on equivalent products, the bids must: 1) Indicate on the bid form the alternate manufacturer’s name and catalog number; 2) Include complete descriptive literature and/or specifications; 3) Include proof that the proposed equivalent shall meet the specifications.  The County reserves the right to be the sole judge of what is equal and acceptable.  If bidder fails to name a substitute, goods identical to the bid standard must be furnished.

10. INSURANCE AND INDEMNIFICATION.  The awarded bidder may be required to provide proof of liability, automobile, and/or workers compensation insurance.  If required, the minimum coverage requirements will be identified in the bidding documents.  All costs of complying with the insurance requirements shall be included in your pricing. The selected firm shall provide complete and valid insurance certificates within ten (10) days of the County’s written request. Failure to provide the documents within the time stated may result in the rejection of the bid response and/or cancellation of the resulting contract or purchase order.

Unless indemnification requirements are stated otherwise in this solicitation, said requirements shall be as follows:  The awarded bidder ("Contractor") hereby agrees to protect, defend, indemnify, and hold Placer County free and harmless from any and all losses, claims, liens, demands, and causes of action of every kind and character including, but not limited to the amounts of judgments, penalties, interest, court costs, legal fees, and all other expenses incurred by Placer County arising in favor of any party, including claims, liens, debts, personal injuries, death, or damages to property (including employees or property of the County) and without limitation by enumeration, all other claims or demands of every character occurring or any way incident to, in connection with or arising directly or indirectly out of, the contract or agreement.  The Contractor agrees to investigate, handle, respond to, provide defense for, and defend any such claims, demand, or suit at the sole expense of the Contractor.  Contractor also agrees to bear all other costs and expenses related thereto, even if the claim or claims alleged are groundless, false, or fraudulent.  This provision is not intended to create any cause of action in favor of any third party against Contractor or the County or to enlarge in any way the Contractor’s liability but is intended solely to provide for indemnification of Placer County from liability for 311
damages or injuries to third persons or property arising from Contractor’s performance pursuant to the resulting contract or agreement.

11. FORCE MAJEURE. If an emergency or natural disaster causes delay or interferes with the use or delivery of the products/services described in this bid, deliveries may be suspended as long as needed to remove the cause or repair the damage.  An emergency or natural disaster includes fire, flood, blizzard, strike, accident, consequences of foreign or domestic war, or any other cause beyond the control of the parties.  The County reserves the right to acquire from other sources any products/services during any suspension of delivery.

12. TAXES.  Placer County is exempt from Federal Excise Tax; an exemption certificate will be furnished upon request.  Placer County is not exempt from California State sales/use taxes.  All applicable State sales/use taxes will be added to the purchase order.

13. DELIVERY.  All prices bid must be FOB Destination, unloaded inside and assembled unless otherwise indicated.

14. FIXED CONTRACT QUANTITIES.  Purchase order(s) for full quantities will be issued to successful bidder(s) after notification of award and receipt of all required documents.

15. OPEN-END CONTRACT.  No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open-end contract.  Estimated quantities/bid ratio or discounts from manufacturer’s list price may be used for bid comparison.  The County reserves the right to:  issue purchase orders as and when required; or issue a contract for individual agencies or multiple County agencies; or any combination of the preceding.  No delivery shall be made without a written order by the County, unless otherwise specifically provided for in the contract.  If in a subsequent year the vendor offers to supply his goods and service for the same bid price, or in the event the supplier is willing to negotiate to the satisfaction of Placer County any justifiable price increase prior to the succeeding year’s contract renewal and if the service provided by the supplier was to the satisfaction of the County, the County of Placer reserves the right to extend the period of the resulting contract on a year-to-year basis.  Alternatively, the bid solicitation may set forth specific renewal terms.  Bidder certifies that prices charged to the County for non-listed commodities or no-fixed price items are equal to or less than those charged the bidder’s most favored customer for comparable quantities under similar terms and conditions.

16. TERMINATION OF CONTRACT.   In the event of a material breach of the contractual obligations by the Contractor, the County may terminate the contract. At its sole discretion, the County may give the contractor an opportunity to cure the breach or to explain how the breach will be cured. The actual cure must be completed within no more than 10 working days from notification, or at minimum the contractor must provide the county within 10 working days from notification a written plan detailing how the contractor intends to cure the breach. If the contractor fails to cure the breach or if circumstances demand immediate action, the County will issue a notice of immediate termination.

Supplier Contracts may be terminated by the County without cause upon 30 calendar days’ written notice.

17. NON-APPROPRIATION.   In the event that sufficient funds are not appropriated and budgeted for the payment of goods or services described herein, the agreement shall immediately terminate on the last day of the fiscal period for which appropriations were received or other amounts were available to pay the amounts due under the agreement, without penalty or expense to the County of any kind whatsoever, except that the County will be liable for payment of any unpaid invoices for goods or services which were delivered prior to the end of the last fiscal period for which appropriations were made.

18. RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT.  If any item or service furnished by the vendor fails to conform to bid specifications, or to the sample submitted by the vendor with his bid (if any), or if the vendor fails to deliver the items or perform any services required by the contract in the time and manner prescribed, the County may reject the products and/or services provided.  Upon rejection, the vendor must promptly reclaim and remove any rejected items without expense to the County, and shall immediately replace all such rejected items with others conforming to such specifications or samples, and/or correct the service deficiency.  If the vendor fails to do so, the County has the right to purchase in the open market a corresponding quantity of the rejected items, or have another firm provide the required service, and to deduct from any monies due the vendor the difference between the price named in the contract or purchase order and the actual cost to the County.  If the vendor breaches the contract or purchase order, any loss or damage sustained by the County in procuring items which the vendor therein agreed to supply shall be borne and paid for by the vendor.  The rights and remedies of the County identified above are in addition to any other rights and remedies provided by law or under the contract.  In any legal proceeding brought to enforce the terms of the herein agreement, the prevailing party shall be entitled to an award of reasonable attorney’s fees and costs incurred as a result of enforcing the terms of this agreement.

19. LOCAL VENDOR PREFERENCE.  A local preference credit of 5.0% for Placer County businesses will be permitted when evaluating bids for supplies, equipment, materials and services that are not part of a public project.  Bidders claiming local vendor preference must submit an Affidavit of Eligibility with their bid, unless an authorized affidavit is already on file with Placer County Procurement.  Preference criteria and affidavit forms are available on our website at:  https://www.placer.ca.gov/1408/Local- Vendor-Preference

20. INVOICES AND PAYMENT TERMS.  Invoices are to be mailed to the County department specified on the resulting purchase order or contract.  All invoices must include the purchase order or contract number.  Failure to comply will result in delayed payments.  The County will make payment on a Net 30-day basis unless a cash discount is allowed for payment within the time period specified by vendor.  The payment term shall begin on the date the merchandise is inspected, delivered and accepted by the County, or on the date a correct invoice is received in the office specified in the order, whichever is later.  Prompt payment discounts shall be considered earned if payment is postmarked or personally delivered within the prescribed term.  For the purposes of this section, the beginning date described above shall be considered day zero for the purposes of counting days in the prescribed term.  For the purposes of bid evaluation, the County will only consider discount periods of ten (10) days or more. LATE FEES: In accordance with Section 926.10 of the California Government Code, Placer County may pay interest at not more than the rate of 6% per annum on invoices which are unpaid 61 or more days beyond the “beginning date” or “day zero” as defined above. In cases where this policy may conflict with other terms provided by the supplier, this provision shall prevail.

21. LEGAL REQUIREMENTS.  Federal, State, County and local ordinances, rules and regulations, and policies shall govern development, submittal and evaluation of bids and disputes about bids.  Lack of knowledge by any bidder about applicable law is not a defense.

22. ASSIGNMENT.  Any contract awarded shall not be assignable by the vendor without the express written approval of the County, and shall not become an asset in any bankruptcy, receivership or guardianship proceedings.

23. OTHER AGENCIES.  The successful vendor shall agree to extend Placer County contract prices and terms to other governmental agencies.  Any contract resulting from this requirement shall be executed by the successful vendor and the other agency.  Placer County will not be a party to “other agency” contracts.

24. PROTEST AND APPEAL PROCESS.  Any actual or prospective bidder or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the Director of Administrative Services in the manner prescribed by Section 10.0 of the Placer County Purchasing Policy.  The protest shall be submitted in writing to the Director of Administrative Services within seven (7) County business days after such aggrieved person or company knows or should have known of the facts giving rise thereto.

25. RECYCLED PRODUCT PREFERENCE.  A preference of 10% will be given to bids for products meeting the definition of recycled product cited in Public Contract Code Sections 22150 - 22154. In order to be granted this preference bidder shall provide statements and/or documentation as supporting evidence that the product(s) meets the definition.

26. PATENT INFRINGEMENT.  Supplier shall indemnify and hold harmless County, its agents and employees, against and from any and all actions, suits, liabilities, prosecutions, penalties, settlements, losses, damages, costs, charges, attorney’s fees, and all other expenses which may arise directly or indirectly from any claim that any of the products supplied by supplier infringes any patent, copyright, trade secret, or other property right.

27. VENDOR FINANCIAL STABILITY. If a vendor is currently involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the vendor under federal bankruptcy law or any state insolvency law, the vendor must provide the County with that information as part of its bid/proposal.  In accordance with Section 3.12(g) of the Placer County Purchasing Policy Manual and paragraph 8.e. of this document, the County may use information regarding a bidder’s financial responsibility when making an award determination.

The County reserves the right to take any action available if it discovers a failure to provide such information to the County, including but not limited to, a determination that the vendor should be declared non-responsible and/or non-responsive, and suspension or debarment of the vendor, in accordance with the processes defined in the Placer County Purchasing Policy Manual.
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By submitting a bid/proposal in response to this solicitation, the vendor agrees that if, during the term of any contract it has with the County, it becomes involved as a debtor in a bankruptcy proceeding, or becomes involved in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the vendor under federal bankruptcy law or any state insolvency law, the vendor will immediately provide the County with a written notice to that effect and that it will provide the County any relevant information requested in order for the County to determine whether the vendor has the financial ability to meet its obligations to the County.
- -  End of General Terms and Conditions  - -
07/25/2019
I acknowledge that I have the authority to bind the Company and submit this bid on behalf of the Company.   -  Steve Adair, Regional Sales Manager The Applicant declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Applicant foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.   Yes         No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.

File Name
I have reviewed the
below addendum and
attachments (if
applicable)
Pages
There have not been any addenda issued for this bid.
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing Execution of Contract for Bulk Gasoline Services
MEETING DATE: September 19, 2022

EXECUTIVE SUMMARY
The City has various departments that require large quantities of fuel to carry out their responsibilities to maintain operations. Staff recommends authorizing execution of a fuel supply contract “piggybacking” on a competitive bidding process by the City of Oakland. If approved, the resolution will authorize a contract with Western States Oil of San Jose for a period of one year, with the option to extend.

FISCAL IMPACT
Funding for Bulk Gasoline Services is available in the Fleet Maintenance (611-43201-1361) and Marina Operations (550-41121-1361) Accounts. The contract amount includes $450,000 for Public Works and $600,000 for Marina Operations.

RECOMMENDATION
City Council adopt the attached Resolution to authorize execution of a contract for bulk gasoline services to Western States Oil.

BACKGROUND
The Public Works Department is responsible for the operations and maintenance of the City’s vehicle and equipment fleet of predominantly gas-powered cars, trucks, and other equipment, including generators for the City’s water system. The City also has responsibility for marina operations. These departments require large quantities of fuel to carry out their responsibilities, including fuel for the operation of fleet vehicles and for resale at the Marina.

Staff has previously conducted a competitive public bid process to establish the rate for purchasing bulk gasoline in the form of Cost per Gallon plus a mark-up for delivery, overhead and other costs. Vendors are required to obtain and deliver fuel supplied by the “Rack Supplier” with the lowest price currently available. Cost proposals from vendors 316
generally give a price that is plus or minus over the “rack” rate over the lowest available price, and the City pays the combined total per gallon.

Western States Oil has provided satisfactory services in delivering bulk gasoline services to City facilities for several years. The current contract with Western States expires on October 1, 2022.

In order to take advantage of significantly better bulk fuel pricing, staff is proposing to “piggyback” its next purchase contract from this vendor with the terms and pricing established by the City of Oakland’s Automotive Fuel in its contract with Western States Oil of San Jose for a period of one year, with the option to extend.

If adopted, the resolution would authorize the City Manager to execute a contract for bulk gasoline services at the same price obtained by the City of Oakland through a competitive bid process, for a period of one year, with an agreed-upon shipping cost difference, and allow the City to extend the contract beyond one year. There are sufficient funds in the City’s Fiscal Year 2022-23 Operating Budget to accommodate this purchase.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
Staff recommends the City Council authorize the City Manager to execute a contract with Western States Oil in the amount of $1,050,000 and provides for the City to extend the contract duration beyond the first year.

ATTACHMENTS: Resolution
City of Oakland Bid and Purchase Contract Agreement
Western States – City of Pittsburg Agreement
Report Prepared By: Natasha Farmer, Public Works Administrative Analyst I 317

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Authorizing Execution of Contract ) RESOLUTION NO. 22- for Bulk Gasoline Services )
WHEREAS, the City requires large quantities of fuel to carry out their responsibilities to maintain operations; and,
WHEREAS, City of Oakland has undertaken competitive bidding process equivalent to or better than the requirements in City’s Purchasing Policy and has awarded a contract to Western States Oil, LLC as its vendor for gasoline; and WHEREAS, Western States Oil has provided satisfactory services in delivering renewable diesel to City facilities for several years; and WHEREAS, City seeks to “piggyback” on the City of Oakland contract for gasoline, specifically Contract No. 2019000378, with an agreed-upon shipping cost difference; and WHEREAS, the City Council previously approved funding for diesel fuel purchases within the City Fiscal Year 2022/23 Operating Budgets for Fleet Maintenance and Marina.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute a contract with Western States Oil in the amount of $1,050,000.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 19th day of September 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
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319
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Contract Purchase Agreement
2019000378, 3

City of Oakland
1 Frank Ogawa Plaza
Oakland, CA 94612
United States
Type Contract Purchase Agreement
Order 2019000378
Revision 3
Order Date 16-JUL-2018
Created By Silva, Walter
Revision Date 18-MAY-2022
Current Buyer Levy, Sidney
Supplier: WESTERN STATES OIL COMPANY
1790 SO. 10TH STREET
SAN JOSE, CA 95112
United States
Ship To: Ship-to Line Item
Oakland, CA 94612
United States
Bill To: PWA FISCAL
250 FRANK OGAWA PLAZA, SUITE 3341
Oakland, CA 94612
United States
Customer Account No. Supplier No. Payment Terms Freight Terms FOB Transportation Ship Via 42072 Net 30 Destination
Effective Start Date Effective End Date Amount Agreed (USD) 01-JUL-2018 30-JUN-2023 18,750,000.00
Confirm To/Telephone Requester/Deliver To

LOPES, JEFF
()
Notes: THIS IS A TERM CONTRACT FOR AUTOMOTIVE FUEL AS NEEDED DURING THE PERIOD OF JULY 1, 2018 THROUGH JUNE 30, 2021 NOT TO EXCEED AMOUNT OF $3,750,000.00 PER YEAR FOR A TOTAL NOT TO EXCEED AMOUNT OF $11,250,000.00. RESOLUTION 87237.

All prices and amounts on this order are expressed inUSD Buyer: Sidney Levy Amount Agreed (USD) $18,750,000.00
AUTHORIZED SIGNATURE _____________________________________ DATE __________ COUNTERSIGNED (If Required) __________________________________ DATE __________ Purchase Order Terms and Conditions:

1. This purchase order shall constitute the agreement. Changes or additional terms proposed by the seller in accepting or acknowledging this order shall not be binding unless accepted by a change orde r in writing
by the buyer, and neither buyer's lack of objections to said terms nor the acceptance of goods shipped pursuant hereto shall constitute or be deemed an agreement by buyer to any of said terms.

2. Unless otherwise definitely specified, the unit prices stated herein do not include Sales or Use Tax.

3. No charges for transportation, containers, packing, etc. will be allowed unless so specified in this order.

4. Cost of inspection on deliveries, or offers for delivery, which do not meet specifications, will be for the account of the Contractor.

5. Contractor shall protect, defend (with counsel acceptable to City), indemnify and hold harmless City, its councilmembers, officers, employees and agents from any and all actions, causes of actions, claims, losses, expenses (including reasonable attorneys' fees and costs) or liability (collectively called "Actions")on account of damage of property or injury to or death of persons arising out of or resulting from the willful misconduct or gross negligence of Contractor, its officers, employees, subconsultants or agents. Contractor acknowledges and agrees that it has an immediate and independent obligation to defend City, its councilmembers, officers, employees and agents from any claim or Action which potentially falls within this indemnification provision, which obligation shall arise at the time such claim is tendered to Contractor by City and
continues at all times thereafter. All of Contractor's obligations under this section are intended to apply to the fullest extent permitted by law and shall survive the expiration or sooner termination of this Agreement.

6. Contractor shall maintain the types and amounts of insurance set forth in "Schedule Q", attached and incorporated herein by reference and made part of this Agreement, for the duration of this Agreement.

7. Time is of the essence in the performance of this Agreement.

8. The Contractor will not be held liable for failure or delay in the fulfillment hereunder if hindered or prevented by fires, strikes, or Acts of God beyond Contractor's reasonable control. 321
City of Oakland Contract Purchase Agreement
2019000378, 3

9. On shipments sold F.O.B. point of origin-prepay charges and add to invoice. Original copy of paid express or freight bill must be attached to invoice. Do not ship freight collect. 10 All material delivered and services rendered shall comply with City of Oakland codes, the State of California Occupational Occupational Safety & Health Act of 1973, and all applicable amendments thereof, occupational safety and health standards and safety orders of the Occupational Safety and Health Standards Board. 11 In connection with any cash discount specified on this order, time will be computed from the date of complete delivery of the supplies or equipment as specified, or from date correct invoices are r eceived in
the Accounting Department if the latter date is later than the date of delivery. Payment is deemed to be made, for the purpose of earning the discount, on the date of mailing of the City warrant or check.

12.This order shall not be assigned without the consent of the buyer, which shall not be unreasonably withheld.

Additional for Contractors:

1. Contractor understands and agrees that, in the performance of the work or Services under this Agreement or in contemplation thereof, Contractor may have access to private or confidential information which may be owned or controlled by the City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to the City. Contractor agrees that all information disclosed by the City to Contractor shall be held in confidence and used only in performance of the Agreement. Said information includes but is not limited to: functional design specifications, code tables, and geographic files. Contractor shall exercise the same standard of care to protect such information, as a reasonably prudent contractor would use to protect its own proprietary data. All information disclosed by the Parties for the purpose of this Agreement shall be deemed as proprietary and/or confidential unless otherwise identified and shall be protected by the receiving Party in the same manner and to the same degree that it protects its own proprietary or confidential information. Each Party agrees that it will use the other Party's information only as required in the performance of this Agreement, and will not before, during, or after completion of this Agreement otherwise use said information, nor copy or reproduce the same in any form. At all times the receiving Party will recognize the disclosing Party's sole and exclusive ownership of this information, and the sole and exclusive right and jurisdiction of the disclosing Party to control and use this information. The Parties further agree that it will make no use of the described information, for either internal or external purposes, other than as is directly related to the performance of this Agreement.

For the purposes of this Agreement, "confidential information" may include, but not be limited to, items such as (i) any and all proprietary materials and information regarding technical plans; and (ii) any and all other information of whatever type and in whatever medium (including data, developments, schematics, trade secrets, and improvements), that is disclosed in any form by one Party to the other Party, as designated by that Party. The Parties to this Agreement acknowledge and agree that the System contains trade secrets and confidential data of the other Party and its licensors, and agree to take all reasonable steps to ensure that such trade secrets and proprietary data are not disclosed, duplicated, misappropriated or used in any manner not expressly permitted by the terms of this Agreement, including those taken by each Party to protect its own confidential information and those which either Party or its licensors may reasonably request from time to time. Notwithstanding the above, the Parties agree that in the event that City is required by federal, state or local law, including but not limited to Oakland Municipal Code Title 2, Chapter 2.20, to disclose information relating to this Agreement or Contractor, such disclosure shall not constitute a breach of this Section.

2. Except for incidental services, services that cumulatively or otherwise exceed Twenty Four Thousand Nine Hundred Ninety Nine Dollars and Ninety Nine Cents ($24,999.99), are subject to the Living Wage Ordinance of Chapter 2.28 of the Oakland Municipal Code and its implementing regulations. The Ordinance requires among other things, submission of the "Declaration of Compliance" attached and incorporated herein as "Schedule N" and made part of this Agreement,and, unless specific exemptions apply or a waiver is granted, that Contractor provide the following to its employees who perform services under or related to this Agreement:
a. Minimum compensation - Said employees shall be paid an initial hourly wage rate with and without health benefits as determined by the Department of Contracting and Purchasing annually. These initial rates shall be upwardly adjusted each year no later than April 1 in proportion to the increase at the immediately preceding December 31 over the year earlier level of the Bay Region Consumer Price Index as published by the Bureau of Labor Statistics, U.S. Department of Labor. b. Health benefits - Said full-time and part-time employees paid at the lower living wage rate shall be provided health benefits of at least $1.25 per hour. Contractor shall provide proof that health benefits are in effect for those employees no later than 30 days after execution of the contract or receipt of City financial assistance. c. Compensated days off - Said employees shall be entitled to twelve compensated days off per year for sick leave, vacation or personal necessity at the employee's request, and ten uncompensated days off per year for sick leave. Employees shall accrue one compensated day off per month of full time employment. Part-time employees shall accrue compensated days off in increments proportional to that accrued by full- time employees. The employees shall be eligible to use accrued days off after the first six months of employment or consistent with company policy, whichever is sooner. Paid holidays, consistent with established employer policy, may be counted toward provision of the required 12 compensated days off. Ten uncompensated days off shall be made available, as needed, for personal or immediate family illness after the employee has exhausted his or her accrued compensated days off for that year. .
d. uncompensated days off shall be made available, as needed, for personal or immediate family illness after the employee has exhausted his or her accrued compensated days off for that year. Federal Earned Income Credit (EIC) - Contractor shall inform said employees who earn less than $12.00 per hour that he or she may be eligible for EIC and shall provide forms to apply for advance EIC payments to eligible employees.
e. Contractor shall provide to all employees and to the Office of Contract Compliance, written notice of its obligation to eligible employees under the City's Living Wage requirements. Said notice shall be posted prominently in communal areas of the work site(s) and shall include the above-referenced information. f. Contractor shall provide all written notices and forms required above in English, Spanish or other languages spoken by a significant number of employees within 30 days of employment under this Agreement. g. Reporting - Within 60 days of execution of the contract, Contractor shall provide to the City a listing of the name, address, hire date, occupation classification, rate of pay and benefits for each of its employees performing work on this contract, unless said employees refuse to consent to such disclosure. Contractor shall provide evidence of such refusal upon request. In addition, Contractor shall execute a statement of current compliance in lieu of further quarterly reporting. Failure to provide the list, disclosure refusals or statement of current compliance within 60 days of execution of the contract will result in liquidated damages of five hundred dollars ($500.00) for each day that the list or statement remains outstanding. In the event a complaint is filed, Contractor shall provide then current employee information as specified above to facilitate investigation of the complaint.

3. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, physical handicap, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, physical handicap, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

4. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, physical handicap, sex, or national origin.

5. Contractor shall obtain and provide proof of a valid City business tax certificate, or application for such certificate. Said certificate must remain valid during the duration of this Agreement.

6. Contractor shall maintain:
(a) a full set of accounting records in accordance with generally accepted accounting principles and procedures for all funds received under this Agreement; and (b) full and complete documentation of performance related matters such as benchmarks and deliverables associated with this Agreement.

Contractor shall
(a) permit the City to have access to those records for the purpose of making an audit, examination or review of non-proprietary financial and performance data pertaining to this Agreement; and (b) maintain such records for a period of four years following the last fiscal year during which the City paid an invoice to Contractor under this Agreement.

Additional for Consultants:
a) Disabled Access and Non-Discrimination Consultant shall make its goods, services, and facilities accessible to people with disabilities and shall verify compliance with the Americans with Disabilities Act by executing Schedule C-1 ("Declaration of Compliance with the Americans with Disabilities Act,") attached hereto and incorporated herein. b) Local and Small Local Business Enterprise Program City of Oakland?s Local and Small Local Business Enterprise Program describes the objectives, goals and policies of the city regarding the participation of certified for profit or not for profit local or small local entities in the City?s contracts and purchasing opportunities. There is a twenty percent (20%) minimum participation requirement for all professional services contracts valued at one hundred thousand dollars ($100,000.00) or more. Compliance may be achieved at a rate of ten percent (10%) local and an additional 10% small local certified business participation. The requirement may be satisfied by a certified prime and/or sub-Consultants (s) or a small local certified business might meet the twenty percent requirement. The City of Oakland?s Office of the City Administrator, Contract Compliance & Employment Services Division must certify a business before a proposal is submitted in order to earn credit toward meeting the twenty percent requirement.

Living Wage Ordinance (LWO) This Agreement is subject to the Oakland Living Wage Ordinance which requires that nothing less than a prescribed minimum level of compensation (a living wage) be paid to employees of service Consultants (consultants) of the City and employees of City Financial Assistant Recipients (CFARs) (Ord. 12050 ? 1, 1998). The Ordinance also requires submission of the Declaration of Compliance attached and incorporated herein as Schedule-N and made part of this Agreement, and, unless specific exemptions apply or a waiver is granted, the consultant must comply as follows:

Minimum compensation - Said employees shall be paid an initial hourly wage rate of $10.39 with health benefits or $11.95 without health benefits. Effective July 1st of each year, contractor shall pay adjusted wage rates. (As of July 1, 2008, the LWO rates will be $10.83 with health benefits and $12.45 without health benefits.) Health benefits - Said full-time and part-time employees paid at the lower living wage rate shall be provided health benefits of at least $1.56 per hour. Consultant shall provide proof that health benefits are in effect for those employees no later than 30 days after execution of the contract or receipt of City financial assistance. .(As of July 1, 2008, the medial benefit rate will be $1.62) Compensated days off - Said employees shall be entitled to twelve compensated days off per year for sick leave, vacation or personal necessity at the employee's request, and ten uncompensated days off per year for sick leave. Employees shall accrue one compensated day off per month of full time employment. Part-time employees shall accrue compensated days off in increments proportional to that accrued by full-time employees. The employees shall be eligible to use accrued days off after the first six months of employment or consistent with company policy, whichever is sooner. Paid holidays, consistent with established employer policy, may be counted toward provision of the required 12 compensated days off. Ten uncompensated days off shall be made available, as needed, for personal or immediate family illness after the employee has exhausted his or her accrued compensated days off for that year.

Federal Earned Income Credit (EIC) - To inform employees that he/she may be eligible for EIC and shall provide forms to apply for advance EIC payments to eligible employees. There are several websites and other sources available to you. Web sites include but are not limited to:(1) http://www.irs.gov for current guidelines as prescribed by the Internal Revenue Service and (2) the 2007 Earned Income Tax Outreach Kit http://www.cbpp.org/eic2008/.

Consultant shall provide to all employees and to the Office of Contract Compliance, written notice of its obligation to eligible employees under the City?s Living Wage requirements. Said notice shall be posted prominently in communal areas of the work site(s) and shall include the above-referenced information. 322
City of Oakland Contract Purchase Agreement
2019000378, 3

Consultant shall provide all written notices and forms required above in English, Spanish or other languages spoken by a significant number of employees within 30 days of employment.

Consultant shall maintain a listing of the name, address, hire date, occupation classification, rate of pay and benefits for each of its employees. consultant shall provide a copy of said list to the Office of Contract
Compliance, on a quarterly basis, by March 31, June 30, September 30 and December 31 for the applicable compliance period. Failure to provide said list within five days of the due date will result in liquidated damages of five hundred dollars ($500.00) for each day that the list remains outstanding. Consultant shall maintain employee payroll and related records for a period of four (4) years after expiration of the compliance period.

Consultant shall require sub consultants that provide services under or related to this Agreement to comply with the above Living Wage provisions.

Consultant shall include the above-referenced sections in its subcontracts. Copies of said subcontracts shall be submitted to the Contract Compliance & Employment Services Division. d) Equal Benefits Ordinance (EBO) This Agreement is subject to the Equal Benefits Ordinance of Chapter 2.232.010 of the Oakland Municipal Code and its implementing regulations. The purpose of this Ordinance is to protect and further the public, health, safety, convenience, comfort, property and general welfare by requiring that public funds be expended in a manner so as to prohibit discrimination in the provision of employee benefits by City Consultants (consultants) between employees with spouses and employees with domestic partners, and/or between domestic partners and spouses of such employees. (Ord. 12394 (part), 2001) The following entities are subject to the Equal Benefits Ordinance: Entities which enter into a "contract" with the City for an amount of twenty-five thousand dollars ($25,000.00) or more for public works or improvements to be performed, or for goods or services to be purchased or grants to be provided at the expense of the City or to be paid out of moneys deposited in the treasury or out of trust moneys under the control of or collected by the city; and Entities which enter into a "property contract" pursuant to Section 2.32.020(D) with the City in an amount of twenty-five thousand dollars ($25,000.00) or more for the exclusive use of or occupancy (1) of real property owned or controlled by the city or (2) of real property owned by others for the city's use or occupancy, for a term exceeding twenty-nine (29) days in any calendar year. The Ordinance shall only apply to those portions of a Consultant's operations that occur (1) within the city; (2) on real property outside the city if the property is owned by the city or if the city has a right to occupy the property, and if the contract's presence at that location is connected to a contract with the city; and (3) elsewhere in the United States where work related to a city contract is being performed. The requirements of this chapter shall not apply to subcontracts or sub Consultants. The Equal Benefits Ordinance requires among other things, submission of the attached and incorporated herein as Schedule N-1 - Equal Benefits-Declaration of Nondiscrimination and documentation supporting compliance. Compliance must be verified before a contract is executed. e) Prompt Payment Policy This contract is subject to the Prompt Payment Ordinance of Oakland Municipal Code, Title 2, Chapter 2.06. The Ordinance requires that, unless specific exemptions apply Contractor and its subcontractors shall pay undisputed invoices of their subcontractors for goods and/or services within twenty (20) business days of submission of invoices unless the Contractor or its subcontractors notify the Liaison in writing within five (5) business days that there is a bona fide dispute between the Contractor or its subcontractor and claimant, in which case the Contractor or its subcontractor may withhold the disputed amount but shall pay the undisputed amount. Disputed payments are subject to investigation by the City of Oakland Liaison upon the filing of a compliant. Contractor or its subcontractors opposing payment shall provide security in the form of cash, certified check or bond to cover the disputed amount and penalty during the investigation. If Contractor or its subcontractor fails or refuses to deposit security, the City will withhold an amount sufficient to cover the claim from the next Contractor progress payment. The City, upon a determination that an undisputed invoice or payment is late, will release security deposits or withholds directly to claimants for valid claims. Contractor and its subcontractors shall not be allowed to retain monies from subcontractor payments for goods as project retention, and are required to release subcontractor project retention in proportion to the subcontractor services rendered, for which payment is due and undisputed, within five (5) business days of payment. Contractor and its subcontractors shall be required to pass on to and pay subcontractors mobilization fees within five (5) business days of being paid such fees by the City. For the purpose of posting on the City's website, Contractor and its subcontractors, are required to file notice with the City of release of retention and payment of mobilization fees, within five (5) business days of such payment or release; and, Contractors are required to file an affidavit, under penalty of perjury, that he or she has paid all subcontractors, within five (5) business days following receipt of payment from the City, The affidavit shall provide the names and address of all subcontractors and the amount paid to each. Contractor and its subcontractors shall include the same or similar provisions as those set forth above in this section in any contract with a contractor or subcontractor that delivers goods and/or services pursuant to or in connection with a City of Oakland purchase contract.
g) City of Oakland Campaign Contribution Limits (Campaign Reform Act) This Agreement is subject to the Campaign Reform Act of Chapter 3.12 of the Oakland Municipal Code and its implementing regulations. The Act prohibits consultants that are doing business or seeking to do business with the City of Oakland from making campaign contributions to Oakland candidates between commencement of negotiations and either180 days after completion of, or termination of, contract negotiations. If this Agreement requires council approval, consultant must sign and date an Acknowledgment of Campaign Contribution Limits Form attached as Schedule-O.
h) Nuclear Free Zone Disclosure Consultant represents, pursuant to the "Nuclear Free Zone Disclosure Form" - Schedule-P that consultant is in compliance with the City of Oakland?s restrictions on doing business with service providers considered nuclear weapons makers i) Insurance Requirement Schedule Q summarizes insurance requirements relative to this project. j) Conflict of Interest/Confidentiality/City-Consultant Relationship Consultant shall avoid all conflicts of interest and respect its relationship with the City by maintaining confidentiality of materials deemed confidential by law. Consultant specifically agrees to the following:

Consultant shall submit information concerning the ownership, ethnicity and gender, by completing Schedule D as mentioned earlier. Schedule E ("Project Consultant Team"), is also attached and incorporated herein and made a part of this Agreement.

All affirmative action efforts of consultants are subject to tracking by the City. This information or data shall be used for statistical purposes only. All Consultants are required to provide data regarding the make- up of their sub Consultants and agents who will perform City contracts, including the race and gender of each employee and/or Consultant and his or her job title or function and the methodology used by Consultant to hire and/or contract with the individual or entity in question.

In the recruitment of sub Consultants, the City of Oakland requires all Consultants to undertake nondiscriminatory and equal outreach efforts, which include outreach to minorities and women-owned businesses as well as other segments of Oakland's business community. The City Administrator will track the City's MBE/WBE utilization to ensure the absence of unlawful discrimination on the basis of age, marital status, religion, gender, sexual preference, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or disability.

In the use of such recruitment, hiring and retention of employees or sub Consultants, the City of Oakland requires all Consultants to undertake nondiscriminatory and equal outreach efforts which include outreach to minorities and women as well as other segments of Oakland's business community.

Consultant covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required under this RFP. Without limitation, the Consultant represents to and agrees with the City or Agency that no conflict of interest is created between providing the City or Agency services hereunder and any interest Consultant may have with respect to any other person or entity (including but not limited to any federal or state regulatory agency) which has any interest adverse or potentially adverse to the City or Agency.

Consultant further agrees that Consultant shall not, without prior written consent of the City Administrator, perform any services for any person other than the City Administrator relating to the study referred to in this RFP.

The consultant understands and agrees to successfully provide the services requested by this RFP. In addition, every communication between Consultant and the City or its special counsel shall be considered to be a confidential communication between client and lawyer (see California Evidence Code Section 952), and the confidential work product of the City Administrator, City Attorney and the City's special counsel, respectively, and therefore shall be held in strict confidence. All reports, analysis, maps, diagrams or any documents prepared or assisted in the preparation of or by the Consultant, shall be considered to be prepared pursuant to said lawyer-client relationship. All of the above mentioned documents are also considered the work product of the City Administrator and shall not be communicated to any person except as specifically authorized in writing signed by the City Administrator and City Attorney. 323
FILE®HrWE ®F; THE #17 ; (?l fSf
0 A K L A M &
AGENDA REPORT2i)l HSY 31 PM M 21CITY OF OAKLAND
TO: FROM: Katano Kasaine
Director of Finance
Sabrina B. Landreth
City Administrator
SUBJECT: Automotive Fuel Contract DATE: May 17, 2018
City Administrator Approval Date:
5T?Uvr
7 RECOMMENDATION
Staff Recommends That The City Council Adopt A Resolution Authorizing The Award Of A Contract To Western States Oil Company, The Lowest Responsive And Responsible Bidder, A Non-Local Business Enterprise, For The Purchase Of Automotive Fuel, In An Amount Not-To-Exceed Three Million Seven Hundred Fifty Thousand Dollars ($3,750,000) Per Year For A Three (3) Year Term, July 1, 2018 To June 30, 2021, In Accordance With Its Bid Filed With The City Clerk On April 25, 2018 In Response To RFQ 100418 Automotive Fuel 18-928-00, And Authorizing The City Administrator To Extend The Agreement, Annually, For An Additional Two (2) Years In An Amount Not-To-Exceed Three Million Seven Hundred Fifty Thousand Dollars ($3,750,000) Per Year For A Total Not-To-Exceed Contract Amount Of Eighteen Million Seven Hundred Fifty Thousand Dollars ($18,750,000) Over A Five (5) Year Term, Without Return To City Council.

EXECUTIVE SUMMARY
Adoption of the proposed resolution will authorize the award of a contract to Western States Oil Company for the purchase of automotive fuel, in an amount not-to-exceed $3,750,000 per year for a three year term, July 1, 2018 to June 30, 2021, and authorizing the City Administrator to extend the agreement, annually, for an additional two years in an amount not-to-exceed $3,750,000 per year for a total not-to-exceed contract amount of $18,750,000 over a five year term, without return to City Council.

BACKGROUND / LEGISLATIVE HISTORY
In Fiscal Year 2017-2018 the City purchased 1,000,000 gallons of unleaded and renewable diesel fuel costing approximately $2,250,000. This amount of fuel was consumed by 28 fuel tanks and 17 emergency generators located throughout the City of Oakland.

The existing fuel contracts are set to expire at the end of the current fiscal year, which has facilitated the critical need for this contract. This requirement is necessary to avoid any disruption of City services. If these contracts expire, staff must then obtain competitive spot bids Item:

Finance and Management Committee
June 12, 2018
324
Sabrina B. Landreth, City Administrator
Subject: Automotive Fuel Contract
Date: May 17, 2018_______________ Page 2
for each week of fuel purchases, which is a time-consuming process for both staff and the Purchasing Section.

ANALYSIS AND POLICY ALTERNATIVES
On February 23, 2018, the City issued a Request for Quote (RFQ) notice in accordance with the Oakland Municipal Code (OMC) 2.04.050 - Bid procedure. The notice was advertised in the local newspaper, published on the City’s website and issued through Oracle Sourcing which also includes hundreds of registered vendors. A total of 17 non-local business enterprises were identified and solicited directly. On March 12, 2018, the City conducted a pre-bid conference, where five vendors were in attendance.

On April 25, 2018, the City Clerk received bids from Western States Oil Company, a non-local business enterprise, and Pinnacle Petroleum, Inc, a non-local business enterprise. Based on the information provided in response to RFQ 100418 Automotive Fuel 18-928-00, Western States Oil Company, a non-local business enterprise was deemed to be the lowest responsive and responsible bidder.

Staff recommends that the City Council adopt a resolution authorizing the award of a contract to Western States Oil Company, the lowest responsive and responsible bidder, a non-local business enterprise for the purchase of automotive fuel, in an amount not-to-exceed $3,750,000 per year for a three year term, July 1, 2018 to June 30, 2021, and authorizing the City Administrator to extend the agreement, annually, for an additional two years in an amount not- to-exceed $3,750,000 per year for a total not-to-exceed contract amount of $18,750,000 over a five year term, without return to City Council.

FISCAL IMPACT
In Fiscal Year 2018-19 the total cost to purchase unleaded and renewable diesel fuel is projected to be approximately $2,900,000. A contingency of approximately 29 percent has been added due to the market fluctuation and volatility of fuel prices.

Proposed Contract Purchase Agreement
For Automobile Fuel
Project Fiscal Year
2019
r................ ■ ■ i
Cumulative Contract Amount
$3, 750, 000
$3, 750, 0002020
$3, 750, 0002021
$3, 750, 0002022*
_____ $3, 750, 000________
$18, 750, 000
__________2023* ____________
G r and Tot al :
*Optional Extension(s)
Item: _________
Finance and Management Committee
June 12, 2018
325
Sabrina B. Landreth, City Administrator
Subject: Automotive Fuel Contract
Date: May 17, 2018_______________ Page 3
Funding for this fuel contract is available in the (FY) 2018-2019 adopted budget, in the Equipment Services Fund 4100; Equipment Services Administration Organization 30541; Fuel 52888; Administrative Project 1000010; Fleet Management and Maintenance Program IN01. For (FY) 2019-2021, contractual financial provisions will be contingent upon the availability of funding.

PUBLIC OUTREACH / INTEREST
This report was posted on the City’s website and advertised in the Oakland Tribune.

COORDINATION
The Controller's Bureau, Purchasing Section worked with OPW's Bureau of Infrastructure and Operations Equipment Services Division, the City's Budget Bureau, and the City Attorney's Office in preparation of this report.

SUSTAINABLE OPPORTUNITIES
Economic: The award of this contract will yield approximately $4,500.00 in annual business tax revenue to the City of Oakland.

Environmental: There are no environmental impact concerns associated with this report.

Social Equity: There are no social equity opportunities associated with this report.

Item:

Finance and Management Committee
June 12, 2018
326
Sabrina B. Landreth, City Administrator
Subject: Automotive Fuel Contract
Date: May 17, 2018_______________ Page 4

ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council adopt a resolution authorizing the City Administrator to award a contract to Western States Oil Company, the lowest responsive and responsible bidder, a non-local business enterprise, for the purchase of automotive fuel in an amount not-to-exceed $3,750,000 per year for a three (3) year term, July 1, 2018 to June 30, 2021 and the option to extend the agreement annually for an additional two (2) years in an amount not-to-exceed $3,750,000 per year for a total not-to-exceed contract amount of $18,750,000 without returning to City Council in accordance to its bid filed with the City Clerk April 25, 2018 in response to RFQ 100418 Automotive Fuel 18-928-00.

For questions regarding this report, please contact Fred Haliburton, Purchasing Supervisor, at 510-238-6464.

Respectfully submitted,
o

KATANO KASAINE,
Finance Director, Finance Department
Reviewed by:

Kirsten LaCasse, Controller
Finance Department
Fred Haliburton, Purchasing Supervisor
Purchasing Section
Prepared by:

Walter Silva, Buyer
Purchasing Section
Attachments (#):

A. RFQ 100418 Award Recommendation.doc
B. RFQ 100418BidRecap.pdf
Item:

Finance and Management Committee
June 12, 2018
327
At t achment A

CITY OF OAKLAND

PURCHASING SECTION

AWARD RECOMMENDATION STATEMENT
PURCHASING/ACQUISITION/CONTRACT: Automobile FuelWa l t e r Sil v a SPECIFICATION/PROJECT NO.:

RFQ 100418 Aut omobi l e
Fuel 18-928-00
BID OPENING DATE:

April 25, 2018
FUNDING SOURCE:COUNCIL AGENDA DATE:

June 12, 2018 Equi pment Servi ces
Fund 4100; Equi pment
Servi ces
Admi ni st rat i on
Organi zat i on 30541;
Fuel 52888;
Admi ni st rat i ve Proj ect
1000010; Fl eet
Management and
Mai nt enance Program
I N01
PREVIOUS l e g is l a t io n :

CONTRACT pe r io d : July 1, 2018 to June 30, 2021
PURPOSE STATEMENT: To provide the City of Oakland Automobile Fuel as requested by the OPW' S Bureau of Infrastructure and Operations Equipment Services Division.

ANNUAL ESTIMATED
COST

PERCENT

DIFFERANCE

PREVIOUS
CONTRACT AMOUNTITEM NO./DESCRIPTION
Bosco Oi l , I nc. dba Val l ey Oi l Coompany -
Aut omobi l e Fuel $1, 850, 000
$3, 750, 000 -29. 31%
$1, 050, 000Gol den Gat e Pet rol eum - Aut omobi l e Fuel COMMENTARY:

RANGE OF BIDS RECEIVED

BIDS WHICH MEET SPECIFICATION/DOLLAR RANGE
2 (Pl ease ref erence Bi d Recap)

LLAR RANGETOTAL BIDS
2 (Please reference Bid Recap)

EETING SPECIFICATIONLOW BIDS NOT M

REASON RECOMMENDATIONS ON REJECTIONSVENDOR NAME/ADDRESS

AWARD RECOMMENDED

VENDOR NAME/ADDRESS
Western States Oil Company
1790 South 10th St.

San Jose, CA 95112

ESTIMATED ANNUAL AMOUNT
$3,750,000.00

DESCRIPTION
Automobile Fuel

APPROVED AND FORWARDED TO COUNCILSUBMITTED BY

OFFICE OF THE CITY ADMINISTRATORDEPARTMENT HEAD

LOW EST-BI D BY CATEGORY
BI D CALLTOTALLOCAL BUSI NESS____________________ NON-LOCAL 17017ASK
15015NO RESPONSE
202BI DS RECEI VED
0 11AWARDS RECOMMENDED
328
RECAP RFQ 100418 Attachment B
BIDDER #2VENDOR INFORMATION BIDDER #1
Pinnacle Petroleum, Inc.Vendor Name
Vendor Address
Vendor Address
Contact Person
Telephone
Small local vendor
Oakland vendor
Western States Oil Company
1790 South 10th St. 16651 Gemini Lane
Huntington Beach, CA 92647San Jose, CA95112
Tom Burke Liz McKinley
714-841-8977408-292-1041
? nono
? nono

TOTAL UNIT COST TOTALDESCRIPTION QUANTITY UNIT COSTLINE $ $ $ $ 0.02090Unleaded (87 Octane) 1,001 - 4,000 gallons 1 Gallon 0.020900.11000 0.110001 $ $ $$ 0.01510 0.01510Unleaded (87 Octane) 4,001 -10,000+ gallons 1 Gallon (0.02962) (0.02962)2 $ $ $$ 0.75000 0.750001 GallonRenewable Diesel 1,001 - 4,000 gallons 0.03500 0.035003 $ $ $ $ 0.072101 Gallon 0.07210Renewable Diesel 4,001 -10,000+ gallons (0.03800) (0.03800)4 $$ $ $1 Gallon 0.39600 0.39600Unleaded (87 Octane) up to 1,000 gallons 0.16000 0.160005 $$ $ $ 0.750000.750001 Gallon 0.03500Renewable Diesel 1,001 - 4,000 gallons 0.035006 Bid Comparison*
Pinnacle Petroleum, Inc.Western States Oil CompanyDescription $54,634.77 $58,964.89Unleaded (87 Octane) up to 1,000 gallons $475, 520. 78 $461, 049. 02Unleaded (87 Octane) 1,001 - 4,000 gallons $1,267,264.18 $1,287,545.31Unleaded (87 Octane) 4,001 -10,000+ gallons $408,589.38$324,144.31Renewable Diesel 1,001 - 4,000 gallons $440, 257. 01 $458, 400. 94Renewable Diesel 4,001 -10,000+ gallons $2,674,549.55$2,561,821.04Total
‘Comparison uses current bid prices at 2017 usage
Bureau of Controller

AGENCY / DEPARTMENT
329
jrfn^t^pLegality
ApprowcUsfs to'lFILE®
#F THE irn CHift*
SAKLA'W* 'Ss/AA
City Attorney
2KW3I ph MU OAKLAND CITY COUNCIL
C.M.S.Re s o l u t io n No .

Introduced by Couricilmember

RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO

WESTERN STATES OIL COMPANY, THE LOWEST RESPONSIVE AND

RESPONSIBLE BIDDER, A NON-LOCAL BUSINESS ENTERPRISE, FOR

THE PURCHASE OF AUTOMOTIVE FUEL, IN AN AMOUNT NOT-TO-

EXCEED THREE MILLION SEVEN HUNDRED FIFTY THOUSAND
DOLLARS ($3,750,000) PER YEAR FOR A THREE (3) YEAR TERM, JULY 1,2018 TO JUNE 30,2021, IN ACCORDANCE WITH ITS BID FILED WITH THE CITY CLERK ON APRIL 25, 2018 IN RESPONSE TO RFQ 100418 AUTOMOTIVE FUEL 18-928-00, AND AUTHORIZING THE CITY

ADMINISTRATOR TO EXTEND THE AGREEMENT, ANNUALLY, FOR
AN ADDITIONAL TWO (2) YEARS IN AN AMOUNT NOT-TO-EXCEED

THREE MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS
($3,750,000) PER YEAR FOR A TOTAL NOT-TO-EXCEED CONTRACT

AMOUNT OF EIGHTEEN MILLION SEVEN HUNDRED FIFTY
THOUSAND DOLLARS ($18,750,000) OVER A FIVE (5) YEAR TERM,

WITHOUT RETURN TO CITY COUNCIL,
WHEREAS, on February 23,2018 in accordance with Oakland Municipal Code (OMC)

2.04.050 the City issued and advertised RFQ 100418 Automobile Fuel 18-928-00 to purchase fuel; and
WHEREAS, on April 25, 2018 the City Clerk received two bids in response to RFQ 100418 Automobile Fuel 18-928-00; and
WHEREAS, the bid submitted by Western States Oil Company was evaluated and deemed the lowest responsive and responsible bidder and meets all the requirements contained in RFQ 100418 Automobile Fuel 18-928-00 to purchase automobile fuel; and WHEREAS, that all proposed contract expenditure allocations shall be expensed to the Oakland Public Works Equipment Services Fund 4100; Equipment Services Administration Organization 30541; Fuel Account 52888; Administrative Project 1000010, Fleet Management and Maintenance Program IN01; now, therefore be it
i
330
RESOLVED: That a contract be awarded to Western States Oil Company, the lowest responsive and responsible bidder, a non-local business enterprise in an amount not-to-exceed $3,750,000 per year for a three (3) year term, July 1, 2018 to June 30,2021 in accordance with its bid filed with the City Clerk on April 25,2018 in response to RFQ 100418 Automotive Fuel 18-928-00, and that the City Administrator is hereby authorized to extend the agreement, annually, for an additional two (2) years in an amount not-to-exceed $3,750,000 per year for a total not-to-exceed contract amount of $ 18,750,000 over a five year term without returning to City Council; and be it FURTHER RESOLVED: That the City Council hereby rejects all other bids submitted in response to RFQ 100418 Automobile Fuel 18-928-00; and be it FURTHER RESOLVED: That the contract shall be approved for form and legality by the City Attorney and copies shall be placed on file in the City Clerk's Office.

IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:

AYES - BROOKS, CAMPBELL WASHINGTON, GALLO, GIBSON MCELHANEY, GUILLEN, KALB, KAPLAN,

AND PRESIDENT REID
NOES-

ABSENT-

ABSTENTION -
ATTEST:

LaTonda Simmons
City Clerk and Clerk of the Council
of the City of Oakland, California
2 331

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing Execution of Contract for Renewable Diesel
MEETING DATE: September 19, 2022

EXECUTIVE SUMMARY
The City requires diesel fuel for vehicles and equipment to provide services to the public and to maintain operations. Staff recommends authorizing execution of a fuel supply contract “piggybacking” on a competitive bidding process by Santa Clara County. If approved, the resolution will authorize a contract with Western States Oil of San Jose for a period of one year, with the option to extend.

FISCAL IMPACT
Costs for bulk purchases of renewable diesel for Fiscal Year (FY) 2022/23 are budgeted at $115,000 for Fleet Maintenance and $320,000 for Marina operations and sales, for a total purchase contract of $435,000. There are sufficient funds in the FY 2022/23 operating budgets for Fleet Maintenance and Marina. No new funds are requested.

RECOMMENDATION
City Council adopt the attached Resolution to authorize execution of a contract for bulk renewable diesel to Western States Oil.

BACKGROUND
The Public Works Department and the Marina require large quantities of fuel (Renewable Diesel and Renewable Diesel-Red) to carry out their responsibilities.

The proposed diesel supply contract would provide fuel for the Public Works Department for refueling City vehicles and equipment; at the Marina for resale to the general public and to Marina customers; and at the City’s Water Treatment Plant for stationary equipment. 332
Western States Oil has provided satisfactory services in delivering renewable diesel to City facilities for several years. Staff has previously conducted a competitive public bid process each year to establish the rate for purchasing renewable diesel fuel. The current contract with Western States expires on October 1, 2022.

In order to take advantage of significantly better bulk fuel pricing, staff is proposing to “piggyback” its next contract from this vendor with the terms and pricing established by the County of Santa Clara’s Renewable Diesel in its contract with Western States Oil of San Jose for a period of one year, with the option to extend .

If adopted, the resolution would authorize the City Manager to execute a contract for renewable diesel at the same price obtained by the County of Santa Clara through a competitive bid process, for a period of one year, with an agreed-upon shipping cost difference, and allow the City to extend the contract beyond one year. There are sufficient funds in the City’s FY 2022-23 Operating Budget to accommodate this purchase.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
Staff recommends the City Council authorize the City Manager to execute a contract with Western States Oil in the amount of $435,000 and provides for the City to extend the contract duration beyond the first year.

ATTACHMENTS: Resolution
County of Santa Clara Contract with Western States Oil
County of Santa Clara Product and Price Schedule
Western States – City of Pittsburg Agreement
Report Prepared By: Natasha Farmer, Public Works Administrative Analyst I 333
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BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Authorizing Execution of Contract ) RESOLUTION NO. 22-
for Renewable Diesel )
WHEREAS, the City requires diesel fuel for vehicles and equipment to provide services to the public and maintain operations; and,
WHEREAS, County of Santa Clara has undertaken competitive bidding process equivalent to or better than the requirements in City’s Purchasing Policy and has awarded a contract to Western States Oil, LLC as its vendor for renewable diesel; and WHEREAS, Western States Oil has provided satisfactory services in delivering renewable diesel to City facilities for several years; and WHEREAS, City seeks to “piggyback” on the County of Santa Clara contract for gasoline, specifically Contract No. CW2239583, with an agreed-upon shipping cost difference; and
WHEREAS, the City Council previously approved funding for diesel fuel purchases within the City Fiscal Year 2022/23 Operating Budgets for Fleet Maintenance and Marina.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute a contract with Western States Oil in the amount of $435,000.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 19th day of September 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
388
389
390
391
392
393

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of City Council Resolution Allocating Funds and Awarding a Purchase Contract for a 2022 930M Wheel Loader
MEETING DATE: September 19, 2022

EXECUTIVE SUMMARY
The City maintains a fleet of vehicles and equipment necessary for operations and maintenance of the City’s infrastructure, including a wheel loader that needs replacement. If approved, this resolution will allocate funds and authorize a purchase contract for a new 2022 Caterpillar 930M Wheel Loader.

FISCAL IMPACT
If approved, the resolution would authorize allocation of $287,385 from the City’s Water Operations Fund ($143,692.50 from Fund 501) and Sewer Operations Fund ($143,692.50 from Fund 521) to purchase a new Wheel Loader. This is an appropriate use of these funds. No additional funds are requested.

RECOMMENDATION
City Council adopt the attached Resolution allocating $287,385 from the City’s Water Operations Fund ($143,692.50 from Fund 501) and Sewer Operations Fund ($143,692.50 from Fund 521) and authorizing the City Manager to execute a purchase contract with Peterson CAT in the amount of $287,385, for purchase of a 2022 Caterpillar 930M Wheel Loader.

BACKGROUND
The Public Works Department Fleet Maintenance Division is responsible for the maintenance of a vehicle fleet of cars, trucks, heavy equipment, and other equipment. The entire fleet has a replacement value of approximately $6 million. These vehicles are necessary to maintain efficient operations of the City. 394
The wheel loader being replaced is over 20 years old and has exceeded the useful life typical of this type of heavy equipment. Commonly used for both routine maintenance and emergency repairs, the wheel loader is an important piece of equipment that the City cannot do without. The cost to repair the deteriorated wheel loader, combined with the inefficiency of the equipment and additional maintenance that is required to keep the equipment in service is not financially responsible for the City. Additionally, the current wheel loader is no longer compliant with California standards for equipment. A replacement wheel loader is necessary.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
Staff solicited cost proposals from Peterson CAT for the replacement wheel loader.

Peterson CAT is a vendor contracted with Sourcewell (formerly National Joint Powers Alliance (NJPA)). Sourcewell is a public agency service cooperative that provides opportunities for members to purchase equipment through nationally leveraged, competitively bid contracts through national solicitations. Sourcewell contracts bring considerable value and efficiencies to members through nationally leveraged contracted suppliers and access to the highest quality products and brand. Each solicitation and RFP contain language which includes all qualified customers in all fifty states. The City of Pittsburg is a member of Sourcewell and has successfully used several different Sourcewell contracts in the past.

If approved, the agreement would authorize the City to make a “piggyback” purchase from Peterson CAT for the price previously negotiated with Sourcewell for this equipment.

Staff recommends the City Council approve the attached resolution authorizing the City Manager to allocate additional funds and execute a contract with Peterson CAT in the amount of $287,385 for the purchase of a new 2022 930M Wheel Loader.

ATTACHMENTS: Resolution
Peterson CAT Quote
Peterson CAT Signed Agreement
Report Prepared By: Natasha Farmer, Public Works Administrative Analyst I 395

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter Of:

Authorizing Allocation of Funds and )
Execution of a Contract to ) RESOLUTION NO. 22 - _____ Purchase a New Wheel Loader )
WHEREAS, the City’s Public Works Department is responsible for the care and maintenance of the City’s Fleet; and,
WHEREAS, the current wheel loader is no longer reliable or cost-effective; and, WHEREAS, a replacement wheel loader is necessary for routine maintenance and emergency repairs to water and sewer infrastructure; and, WHEREAS, Sourcewell, formerly NJPA, has undertaken competitive bidding equivalent to or better than the requirements in City’s Purchasing Policy and has entered into contracts with various vendors including Peterson CAT, a California Corporation; and, WHEREAS, Peterson CAT, is an authorized dealer for Caterpillar, Inc. and represents and warrants that it is bound by all terms and conditions of the Contract from RFP #032119; and,
WHEREAS, staff requests allocation of $287,385 from the City’s Water Operations Fund ($143,692.50 from Fund 501) and Sewer Operations Fund ($143,692.50 from Fund 521) to purchase a new wheel loader; and,
WHEREAS, sufficient funds are available in the Water Operating Fund (Fund 501) and Sewer Operations Fund (Fund 521);
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby approves and authorizes the City Manager to execute a Contract in the amount of $287,385, with Peterson CAT and authorizes allocation of $143,692.50 from the City’s Water Operations Fund (Fund 501) and $143,692.50 from Sewer Operations Fund (Fund 521) for the purchase of a new 2022 Caterpillar 930M Wheel Loader.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 19th day of September 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
396