Staff determined the number of multifamily rental units by conducting a query of specific use codes in the Contra Costa County database, including duplex, triplex, fourplex, combinations, and apartments. The total number of multifamily rental units found in the City of Pittsburg was 5,309. Of these units, 332 have existing, approved condominium maps:
Delta Hawaii 55+ at 701 Stoneman Avenue - 24 units
La Almenara at 1065 Beacon Street - 20 units
Lakeview at intersection of E Leland Road and Lakeview Circle - 132 units Ventana (formerly Leland Terrace) at intersection of E Leland Road and Piedmont Way - 156 units
If subtracted from the total number of existing multifamily rental units in the City of Pittsburg, the net total number of multifamily rental units eligible for conversion under the condominium conversion ordinance is 4,977.
SUBCOMMITTEE FINDINGS
This item was not reviewed by a Subcommittee.
STAFF ANALYSIS
For the past 36 years, the City Council has adopted a policy of allowing up to 10 percent of its existing multifamily rental housing stock to be converted to condominiums annually.
However, no condominium conversions have been approved (or requested) since 2006, when the Planning Commission approved the conversion of Creekside Senior Apartments (88 units) though the Planning Commission subsequently rescinded this action.
Staff recommends a continued policy of allowing up to 10 percent of multifamily rental units without pre-existing final or tentative condominium maps to be converted to condominiums for this calendar year. This policy decision would allow a maximum of 497 multifamily rental units to be converted to condominiums during the 2025 calendar year. This would be consistent with past actions and ensures housing opportunities and housing affordability for low and moderate-income households.
ATTACHMENTS: Resolution
Report Prepared by: Alison Spells, Senior Planner
129
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Establishing the Maximum Number of )
Condominium Conversions for Calendar ) RESOLUTION NO. 25- Year 2025, in Accordance with Section )
17.44.070 of the Pittsburg Municipal Code )
WHEREAS, Pittsburg Municipal Code section 17.44.070 provides in part that the maximum number of multifamily rental units that may be approved for condominium conversion in any one calendar year shall be limited to a number established by City Council resolution at the beginning of that same calendar year; and WHEREAS, based on the above, the City Council wishes to establish the maximum number of multifamily rental units that may be approved for conversion to condominiums during the 2025 calendar year; and
WHEREAS, staff has determined that as of January 1, 2025, there are 4,977 multifamily rental units in buildings of two or more units in the City that are not covered by pre-existing final condominium maps.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pittsburg that the maximum number of apartment units that may be approved for conversion to condominiums during the calendar year 2025 is 497 units.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 3rd day of February 2025, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
________________________________
Jelani Killings, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
130
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 Manager to Execute a Contract with Environmental Systems Research Institute, Inc. (ESRI) to Upgrade the ArcGIS Software Subscription MEETING DATE: February 3, 2025
EXECUTIVE SUMMARY
The Information Technology Division (IT) is seeking to upgrade the City’s geographic information system (GIS). A GIS system captures, stores, manages, analyzes, and presents all types of geographical data that is used in the City’s daily operations.
FISCAL IMPACT
The total cost to upgrade the software subscription for three fiscal years is $117,500.
Item Amount
Enterprise Agreement Annual Subscription - Year 1 26,500 Enterprise Agreement Annual Subscription - Year 2 32,500 Enterprise Agreement Annual Subscription - Year 3 58,500 Total: $ 117,500
When permits are issued, a fee is collected for the management, maintenance, and upgrades to the City’s GIS. These funds are held in account 110-20050 – Deferred Rev-GIS Mapping Fees which currently has a balance of $128,574. There are sufficient funds to pay for the upgraded subscription.
RECOMMENDATION
City Council approve the attached Resolution authorizing the City Manager to execute a contract with Environmental Systems Research Institute, Inc. (ESRI) to upgrade the ArcGIS software subscription to a small government enterprise agreement in an amount not exceeding $117,500.
131
BACKGROUND
IT has used the ArcGIS Workgroup edition (ArcGIS) to provide GIS services for the City since December 2015. However, as the demand for GIS solutions continues to grow, the City’s current software subscription no longer meets the required licensing standards necessary to effectively manage data, share content, and support the expanding GIS application services.
The City currently faces a significant shortage of end-user licenses, which hampers efficiency and productivity. Furthermore, staff’s access to ArcGIS tools and applications is quite restricted. The current subscription lacks advanced analytics, automation, and integration capabilities. The limited options for customization and extensibility make it challenging to manage the City’s growing GIS infrastructure effectively. Finally, the security features are also inadequate, offering minimal control over user access.
SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.
STAFF ANALYSIS
Recognizing the limitations of the current GIS software, the IT team conducted research and collaborated with ESRI technical resources to identify software solutions that could address these challenges and provide the scalability, reliability, security, and advanced functionality necessary to support a more complex GIS environment and keep up with technological growth and demands.
The new small government enterprise agreement for ArcGIS provides adequate user licenses to manage GIS applications effectively. It offers access to a complete range of ArcGIS applications, tools, and resources, enhancing collaboration and delivering a unified user experience. The subscription also enhances security features and allows for better control over user access. ArcGIS enterprise edition equips users with robust tools for building a scalable and secure GIS infrastructure. Whether for mapping, data management, or spatial analysis, it is a comprehensive solution tailored to the City’s GIS requirements.
ATTACHMENTS: Resolution
Exhibit A ESRI Quote
Report Prepared By: Sunil Gopala, Deputy Director IT Operations 132
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Authorizing the City Manager to Execute)
A Contract with Environmental Systems )
Research Institute, Inc, to upgrade the ) RESOLUTION NO. 25- ArcGIS Software Subscription )
WHEREAS, the Information Technology division (IT) has used the ArcGIS Workgroup edition to provide GIS services to the City since December 2015. The current software subscription no longer meets the required licensing standards necessary to effectively manage data, share content, and support the expanding GIS application services; and
WHEREAS, the security features are also inadequate, offering minimal control over user access. Finally, the current subscription lacks advanced analytics, automation, and integration capabilities. The limited options for customization and extensibility make it challenging to manage the City’s growing GIS infrastructure effectively; and WHEREAS, the IT team conducted research and collaborated with Environmental Systems Research Institute, Inc. technical resources to identify software solutions that could address these challenges and provide the scalability, reliability, security, and advanced functionality necessary to support the GIS environment and recommends an upgrade to the subscription via a small government enterprise agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute the Contract with Environmental Systems Research Institute, Inc. to upgrade the ArcGIS software subscription for an amount not to exceed $117,500.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 3rd day of February 2025, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
___________________
Jelani Killings, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
133
Quotation # Q-527628
Date: December 5, 2024
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 362106 Contract # ENTERPRISE
AGREEMENT
City of Pittsburg
Information Technology Dept.
65 Civic Ave
Pittsburg, CA 94565-3814
To expedite your order, please attach a copy of ATTENTION: Jitendra Kanaria this quotation to your purchase order. PHONE: (925) 252-4852 Quote is valid from: 11/19/2024 To: 2/17/2025 EMAIL: [email protected]
Material Qty Term Unit Price Total
168179 1 Year 1 $26,500.00 $26,500.00
Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription 168179 1 Year 2 $32,500.00 $32,500.00
Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription 168179 1 Year 3 $58,500.00 $58,500.00
Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription Subtotal: $117,500.00
Sales Tax: $0.00
Estimated Shipping and Handling (2 Day Delivery): $0.00 Contract Price Adjust: $0.00
Total: $117,500.00
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.
For questions contact:
Jesse Gonzalez
Email:
[email protected]
Phone:
(909) 793-2853 x1106
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA.
GONZALEZJ This offer is limited to the terms and conditions incorporated and attached herein. 134
Esri Use Only:
Cust. Name
Cust. #
PO #
Esri Agreement #
SMALL ENTERPRISE AGREEMENT
COUNTY AND MUNICIPALITY GOVERNMENT
(E214-3)
This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri").
This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A.
Table A
List of Products
Uncapped Quantities
Desktop Software and Extensions (Single Use)
ArcGIS Desktop Advanced
ArcGIS Desktop Standard
ArcGIS Desktop Basic
ArcGIS Desktop Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS
Schematics, ArcGIS Workflow Manager, ArcGIS Data
Reviewer
Enterprise Software and Extensions
ArcGIS Enterprise (Advanced and Standard)
ArcGIS Monitor
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS
Workflow Manager, ArcGIS Data Reviewer
Enterprise Additional Capability Servers
ArcGIS Image Server
Developer Tools
ArcGIS Runtime Standard
ArcGIS Runtime Analysis Extension
Limited Quantities
Two (2) ArcGIS CityEngine Single Use Licenses
250 ArcGIS Online Viewers
250 ArcGIS Online Creators
37,500 ArcGIS Online Service Credits
250 ArcGIS Enterprise Creators
5 ArcGIS Insights in ArcGIS Enterprise
5 ArcGIS Insights in ArcGIS Online
50 ArcGIS Location Sharing User Type Extension (Enterprise) 50 ArcGIS Location Sharing User Type Extension (Online) 12 ArcGIS Advanced Editing User Type Extension (Enterprise)
OTHER BENEFITS
Number of Esri User Conference registrations provided annually 4 Number of Tier 1 Help Desk individuals authorized to call Esri 4 Maximum number of sets of backup media, if requested* 2 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement
*Additional sets of backup media may be purchased for a fee 135
Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE
ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date").
Term of Agreement: Three (3) years
This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement.
Accepted and Agreed:
(Customer)
By:
Authorized Signature
Printed Name:
Title:
Date:
CUSTOMER CONTACT INFORMATION
Contact: Telephone:
Address: Fax:
City, State, Postal Code: E-mail:
Country:
Quotation Number (if applicable):
136
1.0—ADDITIONAL DEFINITIONS
In addition to the definitions provided in the Master
Agreement, the following definitions apply to this
Agreement:
"Case" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.
"Deploy", "Deployed" and "Deployment" mean to
redistribute and install the Products and related
Authorization Codes within Customer's
organization(s).
"Fee" means the fee set forth in the Quotation.
"Maintenance" means Tier 2 Support, Product
updates, and Product patches provided to Customer
during the Term of Agreement.
"Master Agreement" means the applicable master
agreement for Esri Products incorporated by this
reference that is (i) found at https://www.esri.com/en- us/legal/terms/full-master-agreement and available in
the installation process requiring acceptance by
electronic acknowledgment or (ii) a signed Esri
master agreement or license agreement that
supersedes such electronically acknowledged
master agreement.
"Product(s)" means the products identified in
Table A—List of Products and any updates to the list
Esri provides in writing.
"Quotation" means the offer letter and quotation
provided separately to Customer.
"Technical Support" means the technical
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other
type of Product corrections or modifications.
"Tier 1 Help Desk" means Customer's point of
contact(s) to provide all Tier 1 Support within
Customer's organization(s).
"Tier 1 Support" means the Technical Support
provided by the Tier 1 Help Desk.
"Tier 2 Support" means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.
2.0—ADDITIONAL GRANT OF LICENSE
2.1 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Deploy quantities of the Products listed in
Table A—List of Products for the Term of
Agreement (i) for the applicable Fee and (ii) in
accordance with the Master Agreement.
2.2 Consultant Access. Esri grants Customer the
right to permit Customer's consultants or
contractors to use the Products exclusively for
Customer's benefit. Customer will be solely
responsible for compliance by consultants and
contractors with this Agreement and will ensure
that the consultant or contractor discontinues
use of Products upon completion of work for
Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer's benefit is prohibited. Customer may
not permit its consultants or contractors to install
Software or Data on consultant, contractor, or
third-party computers or remove Software or
Data from Customer locations, except for the
purpose of hosting the Software or Data on
Contractor servers for the benefit of Customer.
3.0—TERM, TERMINATION, AND EXPIRATION
3.1 Term. This Agreement and all licenses
hereunder will commence on the Effective Date
and continue for the duration identified in the
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
is only authorized to use Products during the
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
indefinite or a perpetual license to Products.
3.2 No Use upon Agreement Expiration or
Termination. All Product licenses, all
Maintenance, and Esri User Conference
registrations terminate upon expiration or
termination of this Agreement.
3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material
breach by the other party. The breaching party
will have thirty (30) days from the date of written
notice to cure any material breach.
3.4 Termination for Lack of Funds. For an
Agreement with government or government-
137
owned entities, either party may terminate this
Agreement before any subsequent year if
Customer is unable to secure funding through
the legislative or governing body's approval
process.
3.5 Follow-on Term. If the parties enter into
another agreement substantially similar to this
Agreement for an additional term, the effective
date of the follow-on agreement will be the day
after the expiration date of this Agreement.
4.0—PRODUCT UPDATES
4.1 Future Updates. Esri reserves the right to
update the list of Products in Table A—List of
Products by providing written notice to
Customer. Customer may continue to use all
Products that have been Deployed, but support
and upgrades for deleted items may not be
available. As new Products are incorporated into
the standard program, they will be offered to
Customer via written notice for incorporation into
the Products schedule at no additional charge.
Customer's use of new or updated Products
requires Customer to adhere to applicable
additional or revised terms and conditions in the
Master Agreement.
4.2 Product Life Cycle. During the Term of
Agreement, some Products may be retired or
may no longer be available to Deploy in the
identified quantities. Maintenance will be subject
to the individual Product Life Cycle Support
Status and Product Life Cycle Support Policy,
which can be found at
https://support.esri.com/en/other-
resources/product-life-cycle. Updates for
Products in the mature and retired phases may
not be available. Customer may continue to use
Products already Deployed, but Customer will
not be able to Deploy retired Products.
5.0—MAINTENANCE
The Fee includes standard maintenance benefits
during the Term of Agreement as specified in the
most current applicable Esri Maintenance and
Support Program document (found at
https://www.esri.com/en-
us/legal/terms/maintenance). At Esri's sole
discretion, Esri may make patches, hot fixes, or
updates available for download. No Software other
than the defined Products will receive Maintenance.
Customer may acquire maintenance for other
Software outside this Agreement.
a. Tier 1 Support
1. Customer will provide Tier 1 Support
through the Tier 1 Help Desk to all
Customer's authorized users.
2. The Tier 1 Help Desk will be fully trained in
the Products.
3. At a minimum, Tier 1 Support will include
those activities that assist the user in
resolving how-to and operational questions
as well as questions on installation and
troubleshooting procedures.
4. The Tier 1 Help Desk will be the initial point
of contact for all questions and reporting of a
Case. The Tier 1 Help Desk will obtain a full
description of each reported Case and the
system configuration from the user. This
may include obtaining any customizations,
code samples, or data involved in the Case.
5. If the Tier 1 Help Desk cannot resolve the
Case, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The
Tier 1 Help Desk will provide support in such
a way as to minimize repeat calls and make
solutions to problems available to
Customer’s organization.
6. Tier 1 Help Desk individuals are the only
individuals authorized to contact Tier 2
Support. Customer may change the Tier 1
Help Desk individuals by written notice to
Esri.
b. Tier 2 Support
1. Tier 2 Support will log the calls received
from Tier 1 Help Desk.
2. Tier 2 Support will review all information
collected by and received from the Tier 1
Help Desk including preliminary documented
troubleshooting provided by the Tier 1 Help
Desk when Tier 2 Support is required.
3. Tier 2 Support may request that Tier 1 Help
Desk individuals provide verification of
information, additional information, or
answers to additional questions to
138
supplement any preliminary information
gathering or troubleshooting performed by
Tier 1 Help Desk.
4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.
5. When the Case is resolved, Tier 2 Support
will communicate the information to Tier 1
Help Desk, and Tier 1 Help Desk will
disseminate the resolution to the user(s).
6.0—ENDORSEMENT AND PUBLICITY
This Agreement will not be construed or interpreted
as an exclusive dealings agreement or Customer's
endorsement of Products. Either party may publicize
the existence of this Agreement.
7.0—ADMINISTRATIVE REQUIREMENTS
7.1 OEM Licenses. Under Esri's OEM or Solution
OEM programs, OEM partners are authorized to
embed or bundle portions of Esri products and
services with their application or service. OEM
partners' business model, licensing terms and
conditions, and pricing are independent of this
Agreement. Customer will not seek any discount
from the OEM partner or Esri based on the
availability of Products under this Agreement.
Customer will not decouple Esri products or
services from the OEM partners' application or
service.
7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days
prior to the expiration of this Agreement,
Customer will provide Esri with a written report
detailing all Deployments. Upon request,
Customer will provide records sufficient to verify
the accuracy of the annual report.
8.0—ORDERING, ADMINISTRATIVE
PROCEDURES, DELIVERY, AND
DEPLOYMENT
8.1 Orders, Delivery, and Deployment
a. Upon the Effective Date, Esri will invoice
Customer and provide Authorization Codes to
activate the nondestructive copy protection
program that enables Customer to download,
operate, or allow access to the Products. If this
is a multi-year Agreement, Esri may invoice the
Fee up to thirty (30) calendar days before the
annual anniversary date for each year.
b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of
invoice. Esri reserves the right to suspend
Customer's access to and use of Products if
Customer fails to pay any undisputed amount
owed on or before its due date. Esri may charge
Customer interest at a monthly rate equal to the
lesser of one percent (1.0%) per month or the
maximum rate permitted by applicable law on
any overdue fees plus all expenses of collection
for any overdue balance that remains unpaid
ten (10) days after Esri has notified Customer of
the past-due balance.
c. Esri's federal ID number is 95-2775-732.
d. If requested, Esri will ship backup media to the
ship-to address identified on the Ordering
Document, FOB Destination, with shipping
charges prepaid. Customer acknowledges that
should sales or use taxes become due as a
result of any shipments of tangible media, Esri
has a right to invoice and Customer will pay any
such sales or use tax associated with the receipt
of tangible media.
8.2 Order Requirements. Esri does not require
Customer to issue a purchase order. Customer
may submit a purchase order in accordance with
its own process requirements, provided that if
Customer issues a purchase order, Customer
will submit its initial purchase order on the
Effective Date. If this is a multi-year Agreement,
Customer will submit subsequent purchase
orders to Esri at least thirty (30) calendar days
before the annual anniversary date for each
year.
a. All orders pertaining to this Agreement will be
processed through Customer's centralized point
of contact.
b. The following information will be included in
each Ordering Document:
(1) Customer name; Esri customer number, if
known; and bill-to and ship-to addresses
(2) Order number
(3) Applicable annual payment due
139
9.0—MERGERS, ACQUISITIONS, OR
DIVESTITURES
If Customer is a commercial entity, Customer will
notify Esri in writing in the event of (i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;
(ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's
organization (subsections i, ii, and iii, collectively
referred to as "Ownership Change"). There will be
no decrease in Fee as a result of any Ownership
Change.
9.1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.
9.2 If an Ownership Change results in transfer or
sale of a portion of Customer's organization, that
portion of Customer's organization will transfer
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.
9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.
140
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Chair and Governing Board Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a PACF Resolution to Accept and Allocate Grant Funds from Keller Canyon Mitigation Fund for Fiscal Year 2024/25 and Fiscal Year 2025/26 Recreation Programs
MEETING DATE: February 3, 2025
EXECUTIVE SUMMARY
Pittsburg Arts and Community Foundation (PACF) has been awarded a $20,000 grant supporting Early Literacy and Art Education. Staff is requesting adoption of a resolution to accept the grants and allocate the appropriate funds to the Fiscal Year 2024/25 budget.
FISCAL IMPACT
If approved, the resolution will authorize allocation of the $20,000 grant funds to Fiscal Year 2024/25. No additional expenditure is required for the receipt of the grants since no matching funds are required. The term of this grant is July 1, 2024 through June 30, 2026.
RECOMMENDATION
Pittsburg Arts and Community Foundation Governing Board adopt the attached resolution authorizing acceptance of the grants and allocation of the additional $20,000 to Fiscal Year 2024/25 PACF budget and authorizing the Executive Director to take further actions as necessary to carry out the intent of the Agreement.
BACKGROUND
Staff applied for and was awarded grant funding from the Keller Canyon Mitigation Fund to support an Early Literacy and Art Education program for youth. This fund is administered by Contra Costa County.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee for discussion. 141
STAFF ANALYSIS
The Keller Canyon Mitigation Fund grants must provide services that fall within one of the broad categories previously approved by the Contra Costa County Board of Supervisors:
• Code Enforcement
• Community Beautification
• Community Services
• Public Safety (Including Public Health)
• Youth Services
Additionally, services funded by the Keller Canyon Mitigation Fund must be offered in the mitigation area, which includes the unincorporated community of Bay Point, the City of Pittsburg, and the City of Antioch.
The Early Literacy and Art Education program will provide classes that engage and teach approximately 30 children, ages 3-7, how to read through creative art. The curriculum engages students in socialization and collaboration while teaching creative thinking.
ATTACHMENTS: Resolution
Funding Memorandum of Understanding Agreement Project #95 Report Prepared By: Kolette Simonton, Director of Recreation 142
BEFORE THE GOVERNING BOARD OF THE PITTSBURG ARTS AND COMMUNITY
FOUNDATION OF THE CITY OF PITTSBURG
In the Matter of:
Accepting and Allocating Grant )
Funds from Keller Canyon ) RESOLUTION NO. 25-
Mitigation Fund for FY 24/25 and )
FY 25/26 Recreation Programs )
WHEREAS, the Pittsburg Arts and Community Foundation (PACF) applied for and was awarded a $20,000 grant for a two-year period from the Keller Canyon Mitigation Fund, administered by Contra Costa County; to support art and literacy programs; and WHEREAS, services funded by the Keller Canyon Mitigation Fund must be offered in the mitigation area, which includes the unincorporated community of Bay Point, the City of Pittsburg, and the City of Antioch; and
WHEREAS, PACF’s Early Literacy and Art Education program will provide classes that engage and teach approximately 30 children, ages 3-7, how to read through creative art; and
WHEREAS, PACF wishes to accept these grants and allocate the additional $20,000 to the Fiscal Year 2024/25 PACF Operating Budget (Fund 560-48100).
NOW, THEREFORE, BE IT RESOLVED that the Governing Board of the Pittsburg Arts and Community Foundation hereby accepts a $20,000 grant from the Keller Canyon Mitigation Grant Fund and allocates the appropriate funds to the PACF Operating Budget for Fiscal Year 2024/25 and authorizes the City Manager to take further actions as necessary to carry out the intent of the Agreement.
PASSED AND ADOPTED by the Governing Board of the Pittsburg Arts and Community Foundation of the City of Pittsburg at a regular meeting on the 3rd day of February 2025, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
____________________________
Jelani Killings, Chair
ATTEST:
______________________________
Alice E. Evenson, Board Secretary
143
Project # 95
1 FUNDING MEMORANDUM OF UNDERSTANDING
BETWEEN
COUNTY OF CONTRA COSTA
AND
PITTSBURG ARTS AND COMMUNITY FOUNDATION, INC.
FOR THE
EARLY LITERACY AND ART EDUCATION
This memorandum of understanding (“MOU”) is dated as of July 1, 2024 (the “Effective Date”), and is between the County of Contra Costa (the “County”) and Pittsburg Arts and Community Foundation, Inc. (“Recipient”).
RECITALS
A. In 1990, the Contra Costa County Board of Supervisors (Board) approved the Keller Canyon Landfill land use permit and franchise agreement, and established mitigation fees to mitigate the impacts of the landfill. The Board subsequently established the Keller Canyon Mitigation Fund (KCMF) to administer the allocation of these mitigation funds, which may be allocated by the Board in its sole discretion. The current program/project service categories considered for funding from the KCMF include youth services, code enforcement, public safety, community beautification, and community services.
B. On May 14, 2024, the Board established a two-year funding cycle for the administration of the KCMF program.
C. On August 13, 2024, the Board of Supervisors considered an allocation plan for the KCMF, for the period July 1, 2024, through June 30, 2026 (the “Funding Period”).
At the August 13, 2024 meeting, the Board of Supervisors approved an allocation of $20,000.00 to Recipient during the Funding Period, for the Early Literacy and Art Education (the “Project”). The Project is described in Schedule 1, attached hereto (the “Service Plan”). The Project meets the most recent policies governing the implementation and administration of the KCMF.
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2 AGREEMENT
1. Payment of Funds. The County shall contribute up to $20,000.00 (the “County Contribution”) to Recipient, on a cost-reimbursement basis, for Recipient’s use toward the Project. The County Contribution will be made in accordance with the payment schedule set forth in Schedule 2, attached hereto.
2. Use of Funds. Recipient shall use the County Contribution solely for the Project, as specified in the Schedule 1 - Service Plan.
3. Right to Withhold. County has the right to withhold payment to Recipient when, in the opinion of County, expressed in writing to Recipient, (a) Recipient’s performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) Recipient has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Recipient has failed to sufficiently itemize or document its demand(s) for payment.
4. Term and Termination. This MOU is effective on the Effective Date and remains in effect until June 30, 2026. The County may terminate this MOU at any time by giving written notice to Recipient if Recipient fails to properly perform any of its obligations under this MOU.
5. Progress Reports. Recipient shall submit progress reports, in the time, form, and manner set forth in the Service Plan, to the County’s District 5 Supervisor, or his or her designee, detailing Recipient’s accomplishments in carrying out the Service Plan and the Project.
6. Records; Audit. Recipient must keep and make available for inspection and copying by authorized representatives of the County, the Recipient’s regular business records and such additional records pertaining to this MOU as may be required by the County. This provision is binding on the heirs, successors, assigns and representatives of Recipient.
a. Retention of Records. Recipient must retain all documents pertaining to this MOU for five years from the date of submission of Recipient’s final payment demand and until any audit is completed and exceptions resolved for the Funding Period. Upon request, Recipient must make these records available to authorized representatives of the County.
b. Access to Books and Records. Recipient must, upon written request and until the expiration of five years after furnishing services pursuant to this MOU, make available to the County or any of its authorized representatives, the books, documents, and records of Recipient necessary to certify the nature and extent of all costs and charges incurred under this MOU.
If Recipient carries out any of the duties of this MOU through a subcontract, the subcontract must contain a clause to the effect that upon written request and until the expiration of five years after furnishing services under the subcontract, the 145
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3 subcontractor must make available to the County or any of its authorized representatives, the books, documents and records of the subcontractor necessary to verify the nature and extent of all costs and charges incurred under the subcontract.
c. Audit. Recipient shall make its records available for, and an audit may be required by, the County. If an audit is required, Recipient must provide the County with the audit.
d. Inspection. Recipient’s performance, place of business, and records pertaining to this MOU are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government.
7. Modification. This MOU may be modified only with the written approval of both parties.
8. Hold Harmless. Recipient shall fully defend, hold harmless, and indemnify the County, its officers, agents and employees against any and all claims, demands, damages, costs, expenses and liability arising out of this MOU [and arising out of the design, implementation and/or construction of the Project], except for liability arising out of the sole negligence or willful misconduct of the County, its officers, agents or employees. This section shall survive the termination of this MOU.
9. Insurance. During the term of this MOU and any extension or modification thereof, Recipient shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in Schedule 3:
a. Commercial General Liability Insurance. Recipient will provide commercial general liability insurance, including coverage for business losses and for owned and non- owned automobiles, with a minimum combined single limit coverage of $500,000 for all damages, including consequential damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including the loss of use thereof, arising from each occurrence. Such insurance must be endorsed to include County and its officers and employees as additional insureds as to all services performed by Recipient under this MOU. Said policies must constitute primary insurance as to County, the state and federal governments, and their officers, agents, and employees, so that other insurance policies held by them or their self -insurance program(s) will not be required to contribute to any loss covered under Recipient’s insurance policy or policies.
b. Workers’ Compensation. Contractor must provide workers’ compensation insurance coverage for its employees.
c. Certificate of Insurance. The Recipient must provide County with (a) certificate(s) of insurance, evidencing liability and worker’s compensation insurance as required herein no later than the effective date of this MOU. If Recipient should renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the 146
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4 coverage afforded through an endorsement to the policy at any time during the term of this MOU, then Recipient must provide (a) current certificate(s) of insurance.
d. Additional Insurance Provisions. No later than five days after Recipients receipt of:
(i) a notice of cancellation, a notice of an intention to cancel, or a notice of a lapse in any of Recipient’s insurance coverage required by this MOU; or (ii) a notice of a material change to Recipient’s insurance coverage required by this MOU, Recipient will provide County a copy of such notice of cancellation, notice of intention to cancel, notice of lapse of coverage, or notice of material change. Contractor’s failure to provide County the notice as required by the preceding sentence is a violation of this MOU.
10. Notices: All correspondence regarding this MOU, including demands and notices, is to be directed to the following persons at the following addresses and telephone numbers:
County:
Daniel Davis, Planner
Department of Conservation & Development
County of Contra Costa
30 Muir Road, Martinez, CA 94553
(925) 655-2884
[email protected]
Recipient:
Rose Mary Tumbaga, Program Director
Pittsburg Arts and Community Foundation, Inc.
65 Civic Avenue, Pittsburg, CA 94565-3814
925-427-2334 | [email protected]
11. Counterparts. The parties recognize and agree that separate counterpart signature pages may be used to execute this MOU, but that all such pages constitute one and the same MOU.
12. No Third-Party Beneficiaries. This MOU is intended solely for the benefit of the parties hereto and no third party will have any right or interest in any provision of this MOU or as a result of any action or inaction of any party in connection with this MOU.
13. Remedy. The sole remedy for violation of this MOU is specific performance of this MOU.
The County and Recipient waive their respective rights to trial by jury of any claim or cause of action arising out of this MOU. The County and Recipient have no liability for damages to one another or to any other person or entity resulting from any violation of this MOU.
14. Authorization. Recipient, or the representative(s) signing this MOU on behalf of Recipient, represents and warrants that it has full power and authority to enter into this MOU and to perform the obligations set forth herein.
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5 15. Entire MOU. This MOU contains the entire understanding of the parties relating to the subject matter of this MOU. No promise, representation, warranty or covenant not included in this MOU has been or is relied upon by any party.
The parties are signing this MOU as of the Effective Date.
CONTRA COSTA COUNTY PITTSBURG ARTS AND COMMUNITY
FOUNDATION, INC.
By: By:
Name: John Kopchik Name:
Title: Director – Department of Title:
Conservation & Development
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6 SCHEDULE 1
TO
FUNDING MEMORANDUM OF UNDERSTANDING
DATED JULY 1, 2024
SERVICE PLAN
Recipient: Pittsburg Arts and Community Foundation, Inc.
Project Name: Early Literacy and Art Education
Project Description
Provide arts and literacy program to approximately 30 students. The Project will teach and engage students to read the books and create the arts.
Tasks to be Performed by Recipient
Recipient will administer a curriculum that will engage students in socialization and collaboration, have them learn creative thinking skills, and parcipiate in the creative arts.
Reporting
Recipient shall submit a series of three progress reports to the County’s District 5 Supervisor, or his or her designee, via the Benevity Grants web-based management platform. The first progress report must be submitted by January 29, 2025; the second progress report by July 31, 2025; and the third progress report by January 29, 2026. These reports must provide updated information on the status of the Recipient’s current KCMF allocation, Project milestones, Project objectives, and any modifications to the Project. Reports may include information on scheduling, personnel, budget projections, etc.
Recipient shall submit a final outcomes report to the County’s District 5 Supervisor, or his or her designee, by July 31, 2026. This report must provide an assessment of how effective the Project was and indicate its results.
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7 SCHEDULE 2
TO
FUNDING MEMORANDUM OF UNDERSTANDING
DATED JULY 1, 2024
PAYMENT SCHEDULE
Recipient: Pittsburg Arts and Community Foundation, Inc.
Project Name: Early Literacy and Art Education
Total Reimbursement: $20,000.00
Use of Keller Canyon Mitigation Funds
Personnel and program supplies.
Payment Demands
Recipient shall submit a written request for payment. This request shall document anticipated expenditures that the Recipient will incur during the Funding Period. Recipient shall submit request upon the execution of this MOU, and prior to the commencement of the Project.
Upon approval of payment request by the head of the County department for which this MOU is made, or his or her designee, County will make payments as specified in Recitals B above.
Other Requirements
Recipient will ensure recognition of the Keller Canyon Mitigation Fund in providing services through this MOU.
The use of Keller Canyon Mitigation Funds for political advocacy is prohibited. Furthermore, Recipient warrants that all goods and services under this MOU will be available to all qualified persons, regardless of age, gender, race, religion, color, national origin, ethnic background, disability, or sexual orientation/preference, and that none will be used, in whole or in part, for religious worship.
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