HomeMy WebLinkAboutMINUTES - 12062022 - FPD Completed Min PktCALENDAR FOR THE BOARD OF DIRECTORS
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
BOARD CHAMBERS, ADMINISTRATION BUILDING, 1025 ESCOBAR STREET
MARTINEZ, CALIFORNIA 94553-1229
KAREN MITCHOFF, CHAIR
FEDERAL D. GLOVER, VICE CHAIR
JOHN GIOIA
CANDACE ANDERSEN
DIANE BURGIS
MONICA NINO, CLERK OF THE BOARD AND COUNTY ADMINISTRATOR, (925) 655-2075
LEWIS T. BROSCHARD III , FIRE CHIEF
As permitted by Government Code section 54953 (e), and in accordance with the County Public Health Officer’s
recommendations for virtual meetings and social distancing, Board members may participate in the meeting remotely.
The Board meeting will be accessible in-person, via television, and via live-streaming to all members of the public.
Board meetings are televised live on Comcast Cable 27, ATT/U-Verse Channel 99, and WAVE Channel 32, and can be
seen live online at www.contracosta.ca.gov.
Persons who wish to address the board during public comment or with respect to an item on the agenda may comment in
person or may call in during the meeting by dialing 888-278-0254 followed by the access code 843298#. A caller should
indicate they wish to speak on an agenda item, by pushing "#2" on their phone. Access via Zoom is also available using the
following link: https://cccounty-us.zoom.us/j/87344719204 . Those participating via Zoom should indicate they wish to speak on
an agenda item by using the “raise your hand” feature in the Zoom app. To provide contact information, please contact Clerk of
the Board at clerkoftheboard@cob.cccounty.us or call 925-655-2000.
Meetings of the Board are closed-captioned in real time. Public comment generally will be limited to two minutes. Your
patience is appreciated. A Spanish language interpreter is available to assist Spanish-speaking commenters.
A lunch break or closed session may be called at the discretion of the Board Chair.
Staff reports related to open session items on the agenda are also accessible online at www.contracosta.ca.gov.
ANNOTATED AGENDA & MINUTES
December 6, 2022
Present: Director Candace Andersen; Director Diane Burgis; Director Karen Mitchoff; Director Federal D.
Glover
Absent: Director John Gioia
Staff Present:Monica Nino, County Administrator
Lewis Broschard, Fire Chief
1:00 P.M. Convene and call to order.
Called to order at 1:50 p.m. Adjourned at 2:05 p.m
CONSIDER CONSENT ITEMS (Items listed as C.1 through C.4 on the following agenda) – Items are subject to
removal from Consent Calendar by request of any Director. Items removed from the Consent Calendar will be
considered with the Discussion Items.
PRESENTATIONS
PR.1 PRESENTATION to recognize Director Karen Mitchoff, upon her retirement as a Director of the Contra
Costa County Fire Protection District, for her contributions to the residents of the Fire District and the
greater fire service and Emergency Medical Services community within Contra Costa County. (Lewis T.
Broschard III, Fire Chief)
AYE: Director Candace Andersen, Director Diane Burgis, Director Karen Mitchoff, Director Federal
D. Glover
Other: Director John Gioia (ABSENT)
DISCUSSION ITEMS
D.1 CONSIDER accepting a report from the Fire Chief providing a status summary for ongoing Fire District
activities and initiatives. (Lewis Broschard, Fire Chief)
AYE: Director Candace Andersen, Director Diane Burgis, Director Karen Mitchoff, Director Federal
D. Glover
Other: Director John Gioia (ABSENT)
D.2 CONSIDER accepting a report from the Deputy Fire Chief providing a status summary for Contra Costa
County Fire Protection District fire station construction projects. (Aaron J. McAlister, Deputy Fire Chief)
AYE: Director Candace Andersen, Director Diane Burgis, Director Karen Mitchoff, Director Federal
D. Glover
Other: Director John Gioia (ABSENT)
D.3 CONSIDER Consent Items previously removed.
There were no consent items removed for discussion.
D.4 PUBLIC COMMENT (2 Minutes/Speaker)
There were no requests to speak at public comment.
CONSENT ITEMS
C.1 Contra Costa County Fire Protection District (7300): APPROVE Appropriation and Revenue Adjustment
No. 005026 authorizing new revenue in the amount of $96,000 from the State Homeland Security Grant
Program and $1,750 from the CCCFPD General Operating Fund and appropriating the funds to Contra
Costa County Fire Protection District for the purchase of a towable generator. (98% Federal grant; 2%
CCCFPD general fund)
AYE: Director Candace Andersen, Director Diane Burgis, Director Karen Mitchoff, Director Federal
D. Glover
Other: Director John Gioia (ABSENT)
C.2 ADOPT the proposed 2023 meeting schedule for the Contra Costa County Fire Protection District Board
of Directors, as recommended by the Fire Chief. (No fiscal impact)
AYE: Director Candace Andersen, Director Diane Burgis, Director Karen Mitchoff, Director Federal
D. Glover
Other: Director John Gioia (ABSENT)
C.3 APPROVE and AUTHORIZE the Fire Chief, or designee, to execute an Electric Vehicle Charger
Purchase Agreement with Rivian, LLC, in an amount not to exceed $15,000 for the purchase and
connectivity of five electric vehicle chargers. (100% Fire District General Fund)
AYE: Director Candace Andersen, Director Diane Burgis, Director Karen Mitchoff, Director Federal
D. Glover
Other: Director John Gioia (ABSENT)
C.4 Contra Costa County Fire Protection District (7300): APPROVE Appropriation and Revenue Adjustment
No. 5019 authorizing new revenue in the amount of $141,600 from the State Homeland Security Grant
Program and $14,100 from the CCCFPD General Operating Fund and appropriating it for the purchase of
fourteen (14) portable radios. (89% Federal grant; 11% CCCFPD General Operating Fund)
AYE: Director Candace Andersen, Director Diane Burgis, Director Karen Mitchoff, Director Federal
D. Glover
Other: Director John Gioia (ABSENT)
GENERAL INFORMATION
The Board meets in its capacity as the Board of Directors of the Contra Costa County Fire Protection District pursuant to
Ordinance Code Section 24-2.402. Persons who wish to address the Board of Directors should complete the form provided for
that purpose and furnish a copy of any written statement to the Clerk.
Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the Clerk of the
Board to a majority of the members of the Board of Directors less than 72 hours prior to that meeting are available for public
inspection at 1025 Escobar Street, First Floor, Martinez, CA 94553, during normal business hours. All matters listed under
CONSENT ITEMS are considered by the Board of Directors to be routine and will be enacted by one motion. There will be no
separate discussion of these items unless requested by a member of the Board or a member of the public prior to the time the
Commission votes on the motion to adopt.
Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for comments from those
persons who are in support thereof or in opposition thereto. After persons have spoken, the hearing is closed and the matter is
subject to discussion and action by the Board. Comments on matters listed on the agenda or otherwise within the purview of the
Board of Directors can be submitted to the office of the Clerk of the Board via mail: Contra Costa County Fire Protection
District Board of Directors, 1025 Escobar Street first floor, Martinez, CA 94553; by fax: 925-655-2006 or to
clerkoftheboard@cob.cccounty.us.
The District will provide reasonable accommodations for persons with disabilities planning to attend Board meetings who contact
the Clerk of the Board at least 24 hours before the meeting, at (925) 655-2000.
The Board of Directors’ agenda and meeting materials are available for inspection at least 96 hours prior to each meeting at the
Office of the Clerk of the Board, 1025 Escobar Street,First floor, Martinez, California.
Subscribe to receive the weekly Board Agenda by calling the Office of the Clerk of the Board, (925) 655-2000 or using the
County's on line subscription feature at the County’s Internet Web Page, where agendas and supporting information may also be
viewed:
www.co.contra-costa.ca.us
ADVISORY COMMISSION
The Contra Costa County Fire Protection District Advisory Fire Commission is scheduled to meet next on Monday, [date], at
7:00 p.m. at their Administrative Office, 4005 Port Chicago Highway, Suite 250, Concord, CA 94520.
AGENDA DEADLINE: Thursday, 12 noon, 12 days before the Tuesday Board meetings.
Glossary of Acronyms, Abbreviations, and other Terms (in alphabetical order):
The Contra Costa County Fire Protection District has a policy of making limited use of acronyms, abbreviations, and
industry-specific language in its Board of Supervisors meetings and written materials. Following is a list of commonly used
language that may appear in oral presentations and written materials associated with Board meetings:
AB Assembly Bill
ABAG Association of Bay Area Governments
ACA Assembly Constitutional Amendment
ADA Americans with Disabilities Act of 1990
AFSCME American Federation of State County and Municipal Employees
ARRA American Recovery & Reinvestment Act of 2009
BAAQMD Bay Area Air Quality Management District
BART Bay Area Rapid Transit District
BayRICS Bay Area Regional Interoperable Communications System
BGO Better Government Ordinance
BOC Board of Commissioners
CALTRANS California Department of Transportation
CAER Community Awareness Emergency Response
CAL-EMA California Emergency Management Agency
CAO County Administrative Officer or Office
CCE Community Choice Energy
CBC California Building Code
CCCPFD (ConFire) Contra Costa County Fire Protection District
CCHP Contra Costa Health Plan
CCTA Contra Costa Transportation Authority
CCRMC Contra Costa Regional Medical Center
CCWD Contra Costa Water District
CFC California Fire Code
CFDA Catalog of Federal Domestic Assistance
CEQA California Environmental Quality Act
CIO Chief Information Officer
COLA Cost of living adjustment
ConFire (CCCFPD) Contra Costa County Fire Protection District
CPA Certified Public Accountant
CPF – California Professional Firefighters
CPI Consumer Price Index
CSA County Service Area
CSAC California State Association of Counties
CTC California Transportation Commission
dba doing business as
EBMUD East Bay Municipal Utility District
ECCFPD East Contra Costa Fire Protection District
EIR Environmental Impact Report
EIS Environmental Impact Statement
EMCC Emergency Medical Care Committee
EMS Emergency Medical Services
et al. et alii (and others)
FAA Federal Aviation Administration
FEMA Federal Emergency Management Agency
FTE Full Time Equivalent
FY Fiscal Year
GIS Geographic Information System
HCD (State Dept of) Housing & Community Development
HHS (State Dept of ) Health and Human Services
HOV High Occupancy Vehicle
HR Human Resources
HUD United States Department of Housing and Urban Development
IAFF International Association of Firefighters
ICC International Code Council
IFC International Fire Code
Inc. Incorporated
IOC Internal Operations Committee
ISO Industrial Safety Ordinance
JPA Joint (exercise of) Powers Authority or Agreement
Lamorinda Lafayette-Moraga-Orinda Area
LAFCo Local Agency Formation Commission
LLC Limited Liability Company
LLP Limited Liability Partnership
Local 1 Public Employees Union Local 1
Local 1230 Contra Costa County Professional Firefighters Local 1230
MAC Municipal Advisory Council
MBE Minority Business Enterprise
MIS Management Information System
MOE Maintenance of Effort
MOU Memorandum of Understanding
MTC Metropolitan Transportation Commission
NACo National Association of Counties
NEPA National Environmental Policy Act
NFPA National Fire Protection Association
OES-EOC Office of Emergency Services-Emergency Operations Center
OPEB Other Post Employment Benefits
OSHA Occupational Safety and Health Administration
PACE Property Assessed Clean Energy
PARS Public Agencies Retirement Services
PEPRA Public Employees Pension Reform Act
RFI Request For Information
RFP Request For Proposal
RFQ Request For Qualifications
SB Senate Bill
SBE Small Business Enterprise
SEIU Service Employees International Union
SUASI Super Urban Area Security Initiative
SWAT Southwest Area Transportation Committee
TRANSPAC Transportation Partnership & Cooperation (Central)
TRANSPLAN Transportation Planning Committee (East County)
TRE or TTE Trustee
TWIC Transportation, Water and Infrastructure Committee
UASI Urban Area Security Initiative
UCOA United Chief Officers Association
vs. versus (against)
WAN Wide Area Network
WBE Women Business Enterprise
WCCTAC West Contra Costa Transportation Advisory Committee
RECOMMENDATION(S):
PRESENTATION to recognize Director Karen Mitchoff, upon her retirement as a Director of the Contra Costa County Fire Protection District,
for her contributions to the residents of the Fire District and the greater fire service and Emergency Medical Services community within Contra
Costa County.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Fire Chief Lewis T. Broschard III will make a presentation to recognize Director Karen Mitchoff, upon her retirement as a Director of the Contra
Costa County Fire Protection District.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 12/06/2022 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:Candace Andersen,
Director
Diane Burgis, Director
Karen Mitchoff, Director
Federal D. Glover, Director
ABSENT:John Gioia,
Director
Contact: Lewis T. Broschard III, Fire Chief (925)
941-3300
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on
the date shown.
ATTESTED: December 6, 2022
Monica Nino, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
PR.1
To:Contra Costa County Fire Protection District Board of Directors
From:Lewis T. Broschard III, Chief, Contra Costa Fire Protection District
Date:December 6, 2022
Contra
Costa
County
Subject:Recognition of Director Karen Mitchoff
RECOMMENDATION(S):
ACCEPT a report from the Fire Chief providing a status summary for ongoing Fire District activities and initiatives. (No fiscal impact)
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
At the request of the Contra Costa County Fire Board of Directors, the Fire Chief is providing a report on the status and progress of the various
District initiatives.
CONSEQUENCE OF NEGATIVE ACTION:
The Board would not receive the most up to date information regarding ongoing Fire District activities and initiatives.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 12/06/2022 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:Candace Andersen,
Director
Diane Burgis, Director
Karen Mitchoff, Director
Federal D. Glover, Director
ABSENT:John Gioia,
Director
Contact: Lewis T. Broschard III, Fire Chief (925)
941-3300
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on
the date shown.
ATTESTED: December 6, 2022
Monica Nino, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D.1
To:Contra Costa County Fire Protection District Board of Directors
From:Lewis T. Broschard, III, Chief, Contra Costa Fire Protection District
Date:December 6, 2022
Contra
Costa
County
Subject:Fire Chief's Report - December 6, 2022
ATTACHMENTS
Fire Chief's Report - December
2022
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
.
4005 Port Chicago Highway, Suite 250 • Concord, CA 94520-1180
Telephone: (925) 941-3300 • Fax: (925) 941-3309 • www.cccfpd.org
000.
December 6, 2022
TO: Board of Directors
FROM: Lewis T. Broschard III, Fire Chief
RE: Fire Chief’s Report
______________________________________________________________________
Operations Update. On November 16, we announced reduction of initial vegetation
fire responses to a single fire engine due to soaking rains, signaling the end of
heightened fire danger which commenced on May 6. This year’s period of seasonal
fire danger lasted 187 days, six days short of the previous year.
Through November 11, the District dispatched crews to 1,718 grass, vegetation, and
other exterior fires, a 12 percent increase over 2021. The vast majority of this year’s
fires were held to less than 10 acres. The p revious year’s total dispatches for the
heightened fire danger period were 1,528.
Fourteen fires exceeded 10 acres. Of these,
only three burned more than 100 acres before
being brought under control.
All of the season’s fires were caused by some
sort of human activity with 48 known to have
been caused by illegal fireworks use. Another
599 began in or near homeless encampments
or were otherwise started by transients. No residents were displaced by wildfire
incidents in 2022.
Despite the increase, the District fared well with fire service preparation and
planning, resident participation, early reporting, rapid and overwhelming responses,
and favorable weather patterns in recent weeks all making a difference .
Fire Prevention Update. In November, we experienced an increase in fatal fires
across the District, including a double fatal fire at Countrywood Townhomes in
Walnut Creek and a fatal tent fire in Concord. Both of these fires were determined to
be accidental, and public outreach was conducted in both areas to provide fire safety
tips.
State-mandated fire inspections were just over 97% complete at the end of
November, with all mandated inspections projected for completion by the end of the
year. As mandated inspections are completed, inspectors will be focusing remaining
time on re-inspections.
Fire Chief’s Report – December 6, 2022
Page 2
Captain Ryan Graham, fire investigation unit supervisor,
has been accepted in the ATF's Explosives/Accelerant
Detection Canine Program and is currently in Virginia at
the ATF K-9 Training Academy with Baxter, our new
explosives and accelerant detection K-9. Both are set to
graduate on December 16 and will be back in the county
and available for providing this new and important
service beginning December 19. This new resource will
be a tremendous asset for fire investigators in Contra
Costa County and, if requested by ATF, across northern
California.
The Bureau welcomed four new Fire Inspector Is on
December 1. An additional Fire Inspector II will join the
team on January 3. These inspectors will be fully trained
and performing inspections in January.
Paramedic Program Update. In response to the industry-
wide paramedic shortage, the District continues to
sponsor firefighter candidates for training to support our
ability to provide Advanced Life Support EMS
districtwide. As a result of these efforts, three firefighters
completed their year-long training process this month
and are expected to be on duty as paramedics in the next month. Seven additional
firefighters are continuing to train for their eventual certifications next year.
Pinole Contract Update. The Contra Costa LAFCO approved our out of area service
contract at their November 9 meeting. District staff continues to work with Pinole FD
and city staff on logistics and planning for the scheduled March 1, 2023 transition of
service to the District.
RECOMMENDATION(S):
ACCEPT a report from the Deputy Fire Chief providing a status summary for Contra Costa County Fire Protection District fire station
construction projects.
FISCAL IMPACT:
Status report only. No fiscal impact.
BACKGROUND:
At the request of the Contra Costa County Fire Board of Directors, the Deputy Fire Chief is providing a report on the status and progress of
District fire station construction projects.
CONSEQUENCE OF NEGATIVE ACTION:
The Board would not receive a status summary for Contra Costa County Fire Protection District fire station construction projects
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 12/06/2022 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:Candace Andersen,
Director
Diane Burgis, Director
Karen Mitchoff, Director
Federal D. Glover, Director
ABSENT:John Gioia,
Director
Contact: Aaron McAlister, Deputy Fire Chief (925)
941-3300 x1101
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: December 6, 2022
Monica Nino, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D.2
To:Contra Costa County Fire Protection District Board of Directors
From:Lewis T. Broschard III, Chief, Contra Costa Fire Protection District
Date:December 6, 2022
Contra
Costa
County
Subject:Update on Fire Station Construction Projects - December 6, 2022
ATTACHMENTS
Construction Project
Update
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
.
4005 Port Chicago Highway, Suite 250 • Concord, CA 94520-1180
Telephone: (925) 941-3300 • Fax: (925) 941-3309 • www.cccfpd.org
000.
December 6, 2022
TO: Board of Directors
FROM: Aaron J. McAlister, Deputy Fire Chief
RE: Update on Fire Station Construction Projects
Fire Station 54 – Downtown Brentwood
Demolition of the former downtown station is now complete. Staff remains in the
investigation phase of a lot line adjustment on both side s of the project. Making
modifications to the lot line on both sides would increase the functionality of the fire station.
Contra Costa Regional Fire Communications Center (CCRFCC) – Pleasant Hill
The architect is now developing full buildable plans for the remodel of the communications
center. The goal is to go out to bid in spring 2023.
Fire Station 51 – Brentwood
Surveying of the site has been completed. We will soon begin the environmental
assessments leading us to CEQA compliance. As there are $1.5 Million in federal funds
involved in this project, staff recently met with HUD to ensure we are in full compliance with
HUD NEPA in order to meet federal environmental requirements.
This facility will be located at Empire and Grant in Brentwood. In addition to a fire station, a
branch office for the Fire Prevention Division will be located on this site. Meetings with the
architect are ongoing as we refine the layout and needs of the facility. This project is being
completed using the design build delivery method.
Fire Station 9 – Pacheco
All environmental documents have been packaged and sent to the FAA for review and
consideration of the non-aviation use of the proposed site. We expect to hear back from
the FAA in January 2023.
Fire District staff continue to work with other County staff to identify long-term solutions to
drainage and permitting requirements that must be solved in order to advance the project
further. If these challenges are not solved in the next quarter, the F ire District may be forced
to consider alternative sites.
RECOMMENDATION(S):
APPROVE Appropriation and Revenue Adjustment No.005026 authorizing new revenue in the amount of $96,000 from the Federal Emergency
Management Agency, U.S. Department of Homeland Security, California Governor's Office of Emergency Services, State Homeland Security
Grant Program (SHSGP) and $1,750 from the CCCFPD General Operating Fund and appropriation of the funds to the Contra Costa County
Fire Protection District (7300) for the purchase of a towable generator. (98% Federal grant; 2% CCCFPD General Operating Fund))
FISCAL IMPACT:
98% Federal grant; 2% CCCFPD General Operating Fund ($96,000 funded from the State Homeland Security Grant Program (SHSGP) and
$1,750 from CCCFPD General Operating Fund). The quoted price for the towable generator is $97,750.
BACKGROUND:
On February 4, 2020, the Contra Costa County Fire Protection District Board of Directors authorized the Fire Chief, or designee, to apply for
and accept grant funding for the purchase of a towable 125 kilowatt emergency power generator. The Fire District was awarded $96,000 from
the FY 2020 State Homeland Security Grant Program toward the purchase of the generator and expects to receive the grant funds in FY
2022/23.. The generator will provide the Fire District and its operational area's critical infrastructure with emergency power in instances of
power failure or Public Safety Power Shutoffs.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 12/06/2022 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:Candace Andersen,
Director
Diane Burgis, Director
Karen Mitchoff, Director
Federal D. Glover, Director
ABSENT:John Gioia,
Director
Contact: Elizabeth Patterson, Fiscal Officer
925-941-3300 x 1302
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: December 6, 2022
Monica Nino, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.1
To:Contra Costa County Fire Protection District Board of Directors
From:Lewis T. Broschard III, Chief, Contra Costa Fire Protection District
Date:December 6, 2022
Contra
Costa
County
Subject:Appropriation and Revenue Adjustment - FY20 SHSGP Towable Generator Purchase
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, grant funds representing 98% of the cost will not be available for the purchase of a towable generator; and, in
the event of power failure, the Fire District could potentially be unable to supply sufficient emergency power to its operational area.
AGENDA ATTACHMENTS
TC24/27 AP005026
MINUTES ATTACHMENTS
Signed Approp Adj 5026
12/1/22
12/1/22
RECOMMENDATION(S):
ADOPT the attached proposed 2023 meeting schedule for the Contra Costa County Fire Protection District Board of Directors.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Each year, the Contra Costa County Fire Protection District Board of Directors adopts a meeting schedule that designates regular meeting dates.
The proposed 2023 meeting schedule (attached) provides 12 meetings for the Contra Costa County Fire Protection District Board of Directors.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 12/06/2022 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:Candace Andersen,
Director
Diane Burgis, Director
Karen Mitchoff, Director
Federal D. Glover, Director
ABSENT:John Gioia,
Director
Contact: Lewis T. Broschard III, Fire Chief (925)
941-3300
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on
the date shown.
ATTESTED: December 6, 2022
Monica Nino, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.2
To:Contra Costa County Fire Protection District Board of Directors
From:Lewis T. Broschard III, Chief, Contra Costa Fire Protection District
Date:December 6, 2022
Contra
Costa
County
Subject:2023 Meeting Schedule for the Contra Costa County Fire Protection District Board of Directors
ATTACHMENTS
Proposed 2023 Meeting
Schedule
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
Board of Directors
Proposed
2023 Meeting Schedule
DATE ROOM TIME
January 17 Board Chambers 1:00 p.m.
February 7 Board Chambers 1:00 p.m.
March 7 Board Chambers 1:00 p.m.
April 25 Board Chambers 1:00 p.m.
May 16 Board Chambers 1:00 p.m.
June 13 Board Chambers 1:00 p.m.
July 11 Board Chambers 1:00 p.m.
August 8 Board Chambers 1:00 p.m.
September 12 Board Chambers 1:00 p.m.
October 10 Board Chambers 1:00 p.m.
November 7 Board Chambers 1:00 p.m.
December 5 Board Chambers 1:00 p.m.
4005 Port Chicago Highway, Suite 250 • Concord, CA 94520-1180
Telephone: (925) 941-3300 • Fax: (925) 941-3309 • www.cccfpd.org
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Fire Chief, or designee, to execute an Electric Vehicle Charger Purchase Agreement with Rivian, LLC, in an
amount not to exceed $15,000, for the purchase and connectivity of five electric vehicle chargers.
FISCAL IMPACT:
The cost to the District is $15,000 for the initial purchase of five (5) Rivian fleet chargers. Additional installation costs of approximately $1,000
to $15,000 per charger, depending on whether or not trenching is necessary for installation, will be required along with a monthly connectivity
fee of $25 per charger beginning six (6) months after purchase. Total costs for the procurement and installation of the chargers will range from
$40,000 to $90,000. Costs for the initial purchase of the chargers will be paid from funds in the District's Support Services facilities program
budget and installation costs will be paid from the specific site program budget where the charger is to be installed.
BACKGROUND:
On June 7, 2022, the Board approved the purchase of two (2) Rivian zero emission vehicle ("ZEV") pickup trucks. The District took delivery of
the new electric vehicles
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 12/06/2022 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:Candace Andersen,
Director
Diane Burgis, Director
Karen Mitchoff, Director
Federal D. Glover, Director
ABSENT:John Gioia,
Director
Contact: Assistant Chief/Fire Marshal Chris Bachman,
(925) 260-6881
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: December 6, 2022
Monica Nino, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.3
To:Contra Costa County Fire Protection District Board of Directors
From:Lewis T. Broschard III, Chief, Contra Costa Fire Protection District
Date:December 6, 2022
Contra
Costa
County
Subject:Electric Vehicle Charger Purchase Agreement with Rivian, LLC
BACKGROUND: (CONT'D)
in October 2022. This action is requesting approval to execute an agreement for the purchase of chargers for these vehicles.
Currently, the ZEVs are primarily being charged at public fast DC chargers or at the District's training grounds from a normal 110v wall
outlet. When charging the vehicles from a 110v outlet it can take 36-48 hours to get the vehicle back to a 85% charged level. The public DC
fast chargers can charge the vehicle in 30-45 minutes, but these public sites often have a line of vehicles waiting to access them which will
continue to be the case until more EV charging stations are established throughout the County. It should also be noted that the DC fast
chargers are more expensive per kWh making them a less practical option for a long-term primary charging method.
The Electric Vehicle Charger Purchase Agreement will cover all chargers purchased through Rivian, LLC for the Rivian R1T model
vehicles. Under this Agreement, the cost of each charger is $1,600 without the pedestal and $2,550 with a pedestal. Each charger will have a
monthly connectivity fee of $25 beginning six (6) months after purchase. The purchase of one (1) charger is expected immediately upon
Board approval and will be installed at the District's training grounds located at 2945 Treat Boulevard in Concord. An additional four (4)
chargers are anticipated to be purchased in the next 12 months. Total cost to purchase the five (5) chargers will not exceed $15,000 with tax
and shipping charges. The additional chargers will most likely be placed only on District property, throughout the County, in locations
determined most efficient for use by the Rivian vehicles. If these Level 2 chargers are approved, they will recharge the vehicles back to
85% charge after use in six to eight hours.
CONSEQUENCE OF NEGATIVE ACTION:
Without rapid chargers installed at District facilities, keeping the vehicles fully charged will remain difficult. Staff will need to use existing
public sites which are more costly and availability is subject to demand and use by the public.
ATTACHMENTS
Rivian Charger Agreement
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RIVIAN EV CHARGER PURCHASE AGREEMENT
This Rivian EV Charger Purchase Agreement (this “Agreement”) is effective as of 18-Oct-2022
(the “Effective Date”), by and between Rivian, LLC a Delaware limited liability company (“Rivian”), and
Contra Costa County Fire Protection District (“Purchaser”). Rivian and Purchaser are sometimes referred
to in this Agreement, collectively, as the “Parties” and each, individually, as a “Party”.
In consideration of the mutual covenants set forth herein and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, the Parties
hereby agree as follows:
1. PRODUCTS AND SERVICES.
1.1 Purchase and Sale. Subject to the terms and conditions of this Agreement, Rivian agrees to sell to
Purchaser, and Purchaser agrees to purchase from Rivian, electric vehicle chargers and related equipment
(“Products”), and related services (the “Services”), in each case, as described in one or more SOWs
(defined below) executed by the Parties from time to time during the term of this Agreement.
1.2 Statements of Work. The initial statement of work (“SOW”) is attached hereto as Exhibit A. Each
SOW shall, as applicable, contain: (a) a reference to this Agreement; (b) a description of the Products and
Services to be provided by Rivian; (c) the schedule for completion of any Services or delivery of any
Products; (d) the quantity of any Products to be provided by Rivian; (e) the prices for the Products and
Services and a payment schedule; and (f) such additional information as the Parties may wish to include.
Executed SOWs are non-cancelable, non-returnable and non-refundable. All SOWs are subject to the terms
of this Agreement and are incorporated herein by reference.
1.3 Rivian Portal. The Products are designed to work in conjunction with Rivian’s cloud-based
application services and/or Rivian’s mobile device software application (collectively, the “Portal”). To
access the Portal, Purchaser must enter into a separate agreement with Rivian.
2. PAYMENT TERMS.
2.1 Purchase Price. Purchaser shall pay to Rivian the prices for the Products and Services as set forth
in the applicable SOW. Purchaser shall make all payments in United States dollars by ACH or wire transfer
to an account designated by Rivian in writing from time to time. The prices set forth in the applicable
SOW will include all shipping, transportation, warehousing, insurance and other charges and costs
associated with shipment of the Products to Purchaser.
2.2 Invoices. Rivian will invoice Purchaser for any Services in accordance with the applicable SOW.
Unless otherwise stated in an SOW, Rivian will invoice Purchaser for the Products upon the first to occur
of the following (i) the passage of 60 calendar days from the shipment date of such Products and (ii) upon
activation of such Products.
2.3 Payment Terms. Purchaser shall pay all invoices within 30 calendar days of the date of such
invoice. Purchaser shall notify Rivian in writing of any dispute with any invoice, along with a reasonably
detailed description of the dispute, within 10 calendar days from Purchaser’s receipt of such invoice.
Purchaser will be deemed to have accepted all invoices for which Rivian does not receive timely notification
of disputes, and shall pay all undisputed amounts due under such invoices within the period set forth in this
Section 2.3.
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2.4 Late Payments. Except for invoiced payments that Purchaser has timely disputed, Purchaser shall
reimburse Rivian for all costs incurred in collecting any late payments, including reasonable attorneys’ fees.
In addition to all other remedies available under this Agreement or at law, if Purchaser fails to pay any
undisputed amounts when due under this Agreement, Rivian may (a) suspend delivery of any Products or
Services; or (b) terminate this Agreement or the applicable SOW pursuant to the terms of Section 14.
2.5 Taxes. All prices, fees, and other amounts payable by Purchaser under this Agreement are
exclusive of taxes and similar assessments. Purchaser will be responsible for all sales, use, ad valorem,
VAT, property, and excise taxes, and any other similar taxes, duties, tariffs, and charges of any kind
imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by
Purchaser under this Agreement, other than any taxes imposed on Rivian’s income. Additionally, if
Purchaser permits third parties to use the Products for a fee, Purchaser shall be solely responsible for
determining, calculating, collecting and remitting any federal, state, or excise tax due on any amounts
received by Purchaser from users of the Products.
2.6 No Set-off Right; No Right of Return. Invoiced amounts are not subject to reduction by set-off or
otherwise without the prior written consent of Rivian. All sales are final and Purchaser shall have no right
of return.
3. SHIPMENT AND DELIVERY OF PRODUCTS.
3.1 Shipment. Rivian shall select the method of shipment of, and the carrier for, the Products. Rivian
may, at its sole discretion, without liability or penalty, make partial shipments of Products to Purchaser.
Each shipment will constitute a separate sale, and Purchaser shall pay for the units shipped whether such
shipment is in whole or partial fulfillment of an SOW.
3.2 Delivery. The Products will be delivered to Purchaser at the addresses and in the amounts set forth
in the applicable SOW. The Products shall be delivered [DAP Purchaser’s delivery location set forth in the
applicable SOW]. Any time quoted for delivery is an estimate only. Rivian is not liable for any loss or
damage arising from any failure to deliver or delay in delivery of any Products. However, if Rivian delays
shipment of all or any Products more than 30 days after the estimated delivery date provided by Rivian to
Purchaser (“Delivery Delay”), then Purchaser may, as its sole and exclusive remedy therefor, cancel the
related SOW with respect to the delayed Products affected by the Delivery Delay by giving Rivian notice
within 10 days of the Delivery Delay. Purchaser shall not be relieved of its obligations under this Agreement
(including its obligation to accept delivery of any remaining installments of Products) due to any delay in
the shipment or delivery of any Products.
3.3 Title and Risk of Loss. Unless otherwise stated in an applicable SOW, title to the Products passes
to Purchaser upon delivery of such Products. Risk of loss or damage to all Products will remain with Rivian
until such Products are delivered and such risk will transfer to Purchaser at such time.
4. INSTALLATION. Unless otherwise expressly agreed to by the Parties in an SOW, Purchaser will
be solely responsible for installing and provisioning the Products at its facilities and for the costs thereof.
If the Parties agree for Rivian to arrange for installation of any Products: (a) a description of such installation
services and fees shall be set forth in an applicable SOW; (b) Purchaser will provide the necessary access
and rights to allow Rivian or its service provider to install such Products; and (c) Purchaser will cooperate
with Rivian or its service provider as to the installation of the Products.
5. COMPREHENSIVE MAINTENANCE SERVICES. If the Parties agree for Rivian to provide
comprehensive maintenance services for the Products: (a) a description of such comprehensive maintenance
services and fees shall be set forth in an applicable SOW; (b) Purchaser will provide the necessary access
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and rights to allow Rivian or its service provider to inspect such Products; and (c) Purchaser will cooperate
with Rivian or its service provider as to the servicing of the Products.
6. SOFTWARE UPDATES. During the term of this Agreement, to the extent that Rivian makes
generally available to all of its customers any software fixes, new versions or new releases (collectively,
“Updates”) of the software incorporated in the Products, Rivian will make such Updates available to
Purchaser for the Products supplied pursuant to this Agreement in whatever manner Rivian decides
including over the air updates. Purchaser agrees to install such Updates promptly.
7. PRODUCT WARRANTY.
7.1 Limited Warranty. Products are covered by the terms of a limited warranty, which is available at
Rivian.com/legal, and is hereby incorporated into this Agreement. Purchaser has no right to return for
repair, replacement, credit, or refund any Products except as set forth in the limited warranty.
7.2 Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THE LIMITED
WARRANTY, RIVIAN MAKES NO REPRESENTATION OR WARRANTY, AND EXPRESSLY
DISCLAIMS ALL WARRANTIES, WITH RESPECT TO THE PRODUCTS AND SERVICES (IN
EACH CASE WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF
PERFORMANCE, USAGE OF TRADE OR OTHERWISE), INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RIVIAN DOES NOT
WARRANT THAT THE PRODUCTS OR SERVICES WILL MEET PURCHASER’S REQUIREMENTS
OR THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE.
PURCHASER ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY WARRANTY MADE
BY RIVIAN, OR ANY OTHER PERSON ON RIVIAN’S BEHALF, EXCEPT AS SPECIFICALLY
PROVIDED IN THE LIMITED WARRANTY.
8. LIMITATION OF LIABILITY.
8.1 Disclaimer of Indirect Damages. EXCEPT FOR (A) ITS INDEMNIFICATION OBLIGATIONS
HEREUNDER; (B) ITS BREACH OF ANY INTELLECTUAL PROPERTY OR CONFIDENTIALITY
PROVISIONS HEREIN (INCLUDING ANY LIMITATIONS OR RESTRICTIONS ON USE OF THE
PRODUCTS); OR (C) PURCHASER’S OBLIGATION TO PAY ALL AMOUNTS DUE TO RIVIAN
HEREUNDER, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR
THE LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR RELATED TO THE PRODUCTS,
SERVICES, OR THIS AGREEMENT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE.
8.2 Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, RIVIAN’S TOTAL
AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER
SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE,
SHALL NOT EXCEED THE TOTAL OF THE AMOUNTS PAID TO RIVIAN PURSUANT TO THIS
AGREEMENT FOR THE SPECIFIC PRODUCT(S) OR SERVICES GIVING RISE TO THE CLAIM.
8.3 Basis of the Bargain. THE PARTIES AGREE THAT THE LIMITATIONS OF LIABILITY SET
FORTH IN THIS SECTION 8 ARE A FUNDAMENTAL BASIS OF THE BARGAIN, THAT RIVIAN
HAS SET ITS FEES IN RELIANCE ON THE ENFORCEABILITY OF THESE PROVISIONS, AND
THAT THEY SHALL APPLY NOTWITHSTANDING THAT ANY REMEDY SHALL FAIL ITS
ESSENTIAL PURPOSE.
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9. PURCHASER REPRESENTATIONS, WARRANTIES AND COVENANTS.
9.1 Purchaser Representations and Warranties. Purchaser expressly represents and warrants to Rivian
that: (a) Purchaser is duly organized, validly existing, and in good standing as a corporation or other entity
as represented herein under the laws and regulations of its jurisdiction of incorporation, organization, or
chartering; (b) Purchaser has the full right, power, and authority to enter into this Agreement, to grant the
rights and licenses granted hereunder, and to perform its obligations hereunder; and (c) Purchaser has
obtained and will maintain any applicable approvals, registrations, licenses, inspections, permits, or the like
with regard to performance under this Agreement.
9.2 Environmental Attributes. To the fullest extent permitted by applicable laws and as part of the
consideration for the sale of the Products, Purchaser agrees to transfer any and all, current or future, credits,
benefits, offsets, allowances, capacity attributes, verified emission reductions, voluntary emission
reductions, avoided compliance costs, emission rights and authorizations and emissions reduction
recognition in any form, arising under any federal, state, local or other law or regulation, or any emission
reduction registry, trading system, or reporting or reduction program, that is now in effect, subsequently
amended, or enacted or adopted hereafter, in any way arising out of or relating to the Products sold to
Purchaser under this Agreement (collectively, the “Environmental Attributes” associated with the
Products to Rivian. Purchaser will undertake any and all actions necessary to effect (a) the transfer of all
Environmental Attributes to Rivian and (b) the recognition of Rivian as the owner of those Environmental
Attributes. Rivian shall have a right to all Environmental Attributes that exist now or will exist in the future.
All Environmental Attributes shall be the sole and exclusive property of Rivian to transfer, sell, hold, or
convey at its sole and absolute discretion. Purchaser agrees that it will not separately sell, transfer, assign,
or otherwise convey Environmental Attributes to any third party.Site Maintenance. Purchaser, at
Purchaser’s sole cost and expense, shall maintain the sites where any Products are installed in good order
and condition and in a manner that is: (a) free from any obstructions, hazards or anything else that could
impair or inhibit access to, or the operation or maintenance of the Products; and (b) well-manicured, free
and clear of any excess debris, brush, roots, trees, or trash.
10. OWNERSHIP OF CHARGING DATA. Purchaser acknowledges and agrees that when an
electric vehicle is connected to a Product for charging, the Product and/or the Portal may collect data
concerning the vehicle being charged (“Charging Data”) and the Product and/or the Portal may transmit
such Charging Data to Rivian. As between the Parties, Charging Data shall be the sole property of Rivian
and shall be considered Rivian Confidential Information (as defined in Section 12.1). Purchaser has no
right or license to any Charging Data and Rivian reserves all rights in Charging Data.
11. INTELLECTUAL PROPERTY.
11.1 Intellectual Property Defined. Intellectual Property means any intellectual property rights or
similar proprietary rights in any jurisdiction, whether registered or unregistered, including such rights in
and to: (a) trademarks and pending trademark applications, trade dress, service marks, certification marks,
logos, domain names, uniform resource locators, trade names and fictional business names, together with
all translations, adaptations, derivations and combinations and like intellectual property rights, together
with all goodwill associated with the foregoing, (b) issued patents and pending patent applications, and any
and all divisions, continuations, continuations-in-part, reissues, renewals, provisionals, continuing patent
applications, reexaminations, and extensions thereof, any counterparts claiming priority therefrom, utility
models, patents of importation/confirmation, certificates of invention, certificates of registration and like
rights, inventions, invention disclosures, discoveries and improvements, whether or not patentable, (c)
works of authorship, all copyrightable works (including software) and all copyrights including all
applications, registrations, and renewals thereof, and all rights corresponding thereto, (d) trade secrets,
proprietary business, technical and know-how information, non-public information, and confidential
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information and rights to limit the use or disclosure thereof by any Person, (e) mask works, and (f) moral
rights.
11.2 Ownership. As between the Parties, all right, title and interest in and to any Intellectual Property
related in any way to the Products is, and shall remain, the exclusive property of Rivian. Nothing in this
Agreement shall constitute or construe any sale, assignment, or transfer of any of Rivian’s Intellectual
Property. Any goodwill derived from the use by Purchaser of the Products or Rivian’s Intellectual Property
inures to the benefit of Rivian.
11.3 Purchaser’s Prohibited Acts. Purchaser shall not and shall not engage others to: (a) adapt, reverse
engineer, decompile, disassemble, or modify, in whole or in part, any Products, or any component thereof,
or otherwise attempt to obtain Charging Data or derive the source code or underlying technology,
methodologies or algorithms of any Products; (b) create derivative works based on the Products; (c) copy,
frame or mirror any part or content of the Products; (d) interfere with, modify or disable any features or
functionality of any Products; (e) make any claim or take any action adverse to Rivian’s ownership of
Rivian’s Intellectual Property Rights; (f) engage in any action that tends to disparage, dilute the value of,
or reflect negatively on the Products, Rivian’s Intellectual Property, or Rivian; (g) develop competing
products or services or copy any features, functions, interface, or graphics of the Products; or (h) alter,
obscure or remove any Rivian trademarks, patent, trademark or copyright notices, or any other proprietary
rights notices placed on the Products, marketing materials or other materials that Rivian may provide
pursuant to this Agreement.
11.4 Use of Marks.
(a) Rivian Marks. Purchaser shall not use, and shall not have any right to use, the names, logos,
symbols and/or any other trademarks of Rivian or its respective affiliates (collectively, the “Rivian
Marks”) unless and until each such use is approved in advance and in writing by Rivian (or such other
Rivian affiliate that owns the Rivian Mark) in accordance with Section 10.4(b) below. Any uses of the
Rivian Marks approved by Rivian shall at all times comply with the guidelines made available to Purchaser
by Rivian from time to time. All uses by Purchaser and any goodwill therein inure to the benefit of Rivian
(and/or its designees). Purchaser’s permission to use the Rivian Marks may be withdrawn by Rivian at any
time at its sole discretion upon prior written notice to Purchaser, and in such event Purchaser shall cease
use of the Rivian Marks within 10 days of receipt of such notice or within such other time period as may
be agreed in writing between Rivian and Purchaser.
(b) Review Process. Purchaser shall submit a mock-up depicting use and context at least five
business days prior to planned public release of any material incorporating a Rivian Mark and such use
shall be subject to Rivian’s prior written approval. Rivian shall use commercially reasonable efforts to
approve or disapprove the proposed use within such five business days of Purchaser’s submission. Any
submission not approved or disapproved by Rivian within five business days of submission shall be
considered disapproved.
12. CONFIDENTIALITY.
12.1 Definition. “Confidential Information” means information that is disclosed by either Party (the
“Disclosing Party”) to the other Party (the “Receiving Party”) hereunder during the term of this
Agreement that is clearly labeled or identified as confidential or proprietary when disclosed, or that, under
the circumstances, should reasonably be treated as confidential, except that “Confidential Information”
shall not include any information that (a) is or becomes generally known to the public through no fault of,
or breach of this Agreement by, the Receiving Party; (b) is rightfully in the Receiving Party’s possession at
the time of disclosure without an obligation of confidentiality; (c) is independently developed by the
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Receiving Party without use of the Disclosing Party’s Confidential Information; or (d) is rightfully obtained
by the Receiving Party from a third party without restriction on use or disclosure. In addition, the terms
and conditions of this Agreement and any SOW shall be deemed to be Confidential Information of both
Parties; provided, however, that nothing in this Agreement shall be construed to prevent Rivian from
duplicating the terms of this Agreement in agreements with other parties, incorporating such terms in its
general policies, or stating that any such terms apply to other customers, provided that Rivian does not
make specific reference to Purchaser in any such agreement, general policy or statement.
12.2 General Obligations. Each Party agrees that it will during the term of this Agreement and
thereafter: (a) not disclose the other Party’s Confidential Information to any third party (other than as
permitted in the last sentence of this paragraph); (b) use the other Party’s Confidential Information only to
the extent reasonably necessary to perform its obligations or exercise its rights under this Agreement; (c)
disclose the other Party’s Confidential Information only to those of its employees and independent
contractors who reasonably need to know such information for purposes of this Agreement and who are
bound by confidentiality obligations offering substantially similar protection to those in this Section 12;
and (d) protect all Confidential Information of the other Party from unauthorized use, access or disclosure
in the same manner as it protects its own confidential information of a similar nature, and in no event with
less than reasonable care. Notwithstanding the above, this paragraph shall not prohibit: (i) a Party from
disclosing Confidential Information of the other Party to the extent required by applicable law, rule or
regulation (including a court order or other government order) or the rules and regulations of the SEC or
any national securities exchange; provided that such Party provides the other Party prior written notice of
such disclosure, to the extent practicable, and reasonably cooperates with efforts of the other Party to seek
confidential treatment thereof, to the extent such cooperation is requested by the other Party; or (ii) a Party
from disclosing the terms and conditions of this Agreement to its attorneys and financial advisors, or current
or potential lenders, other sources of financing, investors or acquirors (provided that such third parties are
bound by confidentiality obligations offering substantially similar protection to those in this Section 12;
provided further that such third parties are only permitted to use such information for the purpose of
advising, lending or providing financing to, or investing in or acquiring, such Party, as applicable).
12.3 Return or Destruction. Except as otherwise expressly provided in this Agreement, the Receiving
Party will return to the Disclosing Party, or destroy or erase, the Disclosing Party’s Confidential Information
in tangible form, upon the termination or expiration of this Agreement; provided that (a) Receiving Party
may retain a copy of Disclosing Party’s Confidential Information solely for the purposes of tracking
Receiving Party’s rights and obligations hereunder with respect thereto; (b) Receiving Party may retain
copies of Disclosing Party’s Confidential Information solely to the extent required by law or by applicable
professional standards which require such Party to retain copies of its working papers; and (c) Receiving
Party may retain Disclosing Party’s Confidential Information solely to the extent reasonably necessary for
Receiving Party to exercise rights or perform obligations under this Agreement that survive such
termination or expiration.
12.4 Feedback. Notwithstanding the above or anything to the contrary herein, if Purchaser or any of its
employees, agents or contractors send, transmit or otherwise communicate to Rivian any information or
materials suggesting or recommending changes to the Products, including suggestions for new features or
functionality, or any comments, questions or other suggestions (collectively, “Feedback”), the Feedback
shall not be considered Confidential Information of Purchaser, and Rivian shall be free to use, disclose, and
otherwise exploit in any manner, the Feedback without restriction, for any purpose and without any payment
to Purchaser.
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13. INDEMNIFICATION.
13.1 Rivian Indemnification. Rivian will defend, indemnify and hold harmless Purchaser and its
officers, directors, successors and permitted assigns from and against any and all claims, actions, liabilities,
losses, damages, judgments, costs and expenses (including reasonable attorneys’ fees) (collectively,
“Losses”) to the extent arising from any third party claim alleging: (a) that any of the Products or
Purchaser’s use thereof infringes any Intellectual Property of a third party, or (b) any bodily injury, death
of any person or damage to real or tangible property to the extent caused by a defective Product.
Notwithstanding anything to the contrary in this Agreement, Rivian will not be liable under this
Section 13.1, and have no obligation to defend, indemnify or hold Purchaser harmless, if such Losses arise
out of or result from: (i) Purchaser’s negligence or more culpable act or omission (including recklessness
or willful misconduct); (ii) use of the Products by Purchaser or any third party in a manner that is not
approved by Rivian; (iii) any modification of the Products (excluding any modifications performed by
Rivian); or (iv) use of the Products with any other software, hardware or other goods or services that are
not approved by Rivian. Notwithstanding anything to the contrary in this Agreement, this Section 13.1 does
not apply to any claim for which a sole or exclusive remedy is provided for under this Agreement.
13.2 Purchaser Indemnification Obligation. Purchaser will defend, indemnify and hold harmless Rivian,
its affiliates and their respective officers, directors, , successors and permitted assigns from and against any
and all Losses arising from any third party claim alleging: (a) any bodily injury, death of any person or
damage to real or tangible property arising out of or related to the acts or omissions of Purchaser; (b) any
failure by the Purchaser to comply with any applicable laws; (c) use of the Products by Purchaser in a
manner that is not approved by Rivian; (d) any modification of the Products by Purchaser in a manner that
is not approved by Rivian; or (e) failure to pay any applicable sales, use, ad valorem, property, and excise
taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local
governmental or regulatory authority on any amounts payable by Purchaser under this Agreement.
13.3 Indemnification Procedure. The indemnified Party shall give the indemnifying Party prompt
written notice of any claim for which indemnification is sought. Failure to give notice will not diminish the
indemnifying Party’s indemnification obligation, except to the extent that the indemnifying Party is
materially prejudiced by such failure. When provided notice of a claim subject to indemnification, the
indemnifying Party, at the indemnifying Party’s expense, will undertake defense of such claim. In no event
will the indemnifying Party agree to any settlement of a claim subject to indemnification hereunder without
the express written consent of the indemnified Party (which consent shall not be unreasonably withheld,
conditioned or delayed). The indemnified Party will cooperate in good faith in such defense at the
indemnifying Party’s expense.
(a) Intellectual Property Indemnification Procedure. Subject to Section 13.1(i)-(iv), if the
Products, or any part of the Products, become the subject to a claim of a third party that qualifies for
intellectual property indemnification coverage under Section 13.1(a), Rivian shall, at Rivian’s cost and
expense and at Rivian’s sole discretion:
(i) Notify Purchaser in writing to cease using all or a part of the Products, in which
case, Purchaser shall immediately cease all such use of such Products upon receipt of Rivian’s
notice; and
(ii) Either: (A) promptly procure for Purchaser the right to continue using the Products,
(B) replace or modify the Products to make them non-infringing, or (C) credit or refund the
applicable purchase price of such Product, or a proportionate amount if only a portion of the Product
is affected, less any applicable discounts, rebates, or credits.
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(iii) PURCHASER AGREES THAT THIS SECTION 13.3(a) SETS FORTH THE
ENTIRE LIABILITY AND OBLIGATION OF RIVIAN AND PURCHASER’S SOLE AND
EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS ARISING UNDER OR RELATED TO
SECTION 13.1(a).
14. TERM AND TERMINATION; SURVIVAL.
14.1 Term. This Agreement shall become effective on the Effective Date and will continue until
terminated in accordance with this Section.
14.2 Rivian’s Right to Terminate. Rivian may immediately terminate this Agreement, or any SOW, upon
written notice to Purchaser: (a) if Purchaser fails to pay any amount when due under this Agreement; (b) if
Purchaser breaches any provision of this Agreement and either the breach cannot be cured as determined
by Rivian at its sole discretion or, if the breach can be cured as determined by Rivian at its sole discretion,
it is not cured by Purchaser within 10 days after Purchaser’s receipt of written notice of such breach; (c) if
Purchaser repudiates or threatens to breach any of the terms of the Agreement; (d) upon a sale of all or
substantially all of Purchaser’s equity or assets; (e) if Purchaser (i) becomes insolvent or is generally unable
to pay its debts as they become due or (ii) becomes subject, voluntarily or involuntarily, to any proceedings
under any bankruptcy, receivership, or other insolvency law; or (f) for convenience.
14.3 Effect of Termination. Any notice of termination under this Agreement automatically operates as
a cancellation of all SOWs, and any deliveries of Products to Purchaser that are scheduled to be made
subsequent to the effective date of termination.
14.4 Survival. Any rights and obligations of the Parties which, by their nature, should survive
termination or expiration of this Agreement, will survive any such termination or expiration of this
Agreement.
15. FORCE MAJEURE. Rivian shall not be liable or responsible to Purchaser, nor be considered to
have defaulted or breached this Agreement or any SOW, for any failure or delay in fulfilling or performing
any of its obligations under this Agreement or any SOW to the extent that such failure or delay is caused
by or results from any act, circumstance, or other cause beyond Rivian’s reasonable control, including acts
of God, fire, flood, natural disaster, pandemic, explosion, war, invasion or hostilities (whether war is
declared or not), governmental actions, national emergency, terrorist threats or acts, strike, labor unrest, riot
or other civil unrest, embargo, or restraints or delays affecting carriers or inability or delay in obtaining
supplies of adequate or suitable technology or components, telecommunication breakdown, or power
outage.
16. GOVERNING LAW; DISPUTE RESOLUTION.
16.1 Governing Law. This Agreement shall be governed by, and construed in accordance with, the
internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or
rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of laws
of any jurisdiction other than those of the State of Delaware. The United Nations Convention on the
International Sale of Goods is expressly excluded.
16.2 Executive Negotiation. In the event of any dispute arising out of or relating to this Agreement
(including its interpretation, validity, performance, or breach) (a “Dispute”), a Party shall give written
notice of the dispute to the other Party. Executives of the Parties with authority to resolve the dispute shall
then meet within thirty (30) days, or such additional period to which the Parties may agree in writing,
following such notice. No Party shall commence any litigation or arbitration proceeding until after the
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meeting or meeting has been refused, except as necessary to avoid irreparable harm or expiration of a
relevant statute of limitations.
16.3 Arbitration. Any Dispute not amicably resolved shall be settled by final and binding arbitration to
be conducted by the American Arbitration Association under its Commercial Rules.
(a) The place of the arbitration shall be Wilmington, Delaware, but the arbitrator or
arbitrators may conduct hearings by videoconference or in such other places to which the Parties may
agree or the arbitrator or arbitrators may order.
(b) The arbitration shall be governed by the Federal Arbitration Act.
(c) The arbitration shall be conducted in the English language.
(d) There shall be only one (1) arbitrator, unless the relief requested as against any Party
exceeds $5 million in value, in which case there shall be three (3) arbitrators.
(e) Except as necessary to confirm or vacate any award or as otherwise required by law, the
fact of and all evidence in the arbitration shall be strictly confidential, unless already known to the
disclosing Party without obligation of confidentiality or in the public domain without fault of the
disclosing Party.
(f) The arbitrator or arbitrators shall have the authority to render an early disposition of any
issue of law or fact, after the Parties have had a reasonable opportunity to present evidence and argument
as to such issue.
(g) The right and obligation to arbitrate under this Section 16.3 shall extend to any claim by
or against an affiliate, parent, subsidiary, officer, director, manager, member, shareholder, agent, or
employee of a Party.
(h) Any arbitral proceedings shall be conducted on an individual basis only, and the
arbitrator or arbitrators shall have no authority to certify a class of claimants or consolidate claims absent
the express written consent of Rivian.
16.4 Exclusive Jurisdiction; Waiver of Jury Trial. Without derogation of the obligation to arbitrate
above, any court proceedings concerning a Dispute shall be subject to the exclusive jurisdiction of the state
or federal courts sitting in or for New Castle County, Delaware, except that that any judgment thereof or
any arbitral award may be enforced in any court of competent jurisdiction. The right of a trial by jury of
any Dispute is irrevocably waived.
16.5 Attorneys’ Fees and Costs. The prevailing Party in any arbitration or litigation of a Dispute shall
be entitled to award of all costs, expenses, and attorneys’ fees reasonably incurred in the prosecution or
defense of a claim.
17. MISCELLANEOUS.
17.1 Notices. All notices required or permitted under this Agreement will be in writing, will reference
this Agreement, and will be deemed given: (a) when delivered personally; (b) one business day after deposit
with a nationally-recognized express courier, with written confirmation of receipt; or (c) three business
days after having been sent by registered or certified mail, return receipt requested, postage prepaid. All
such notices shall be sent to the addresses identified in this Section 17.1 or to such other address as may be
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specified by either Party to the other Party in accordance with this Subsection. To Rivian: Rivian, LLC,
607 Hansen Way, Palo Alto, CA 94304, ATTN: Vice President, Energy & Charging with a copy to Rivian,
LLC, 14600 Myford Rd., Irvine, CA 92606, ATTN: General Counsel. To Purchaser: [PURCHASER TO
PROVIDE].
17.2 Assignment; Successors and Assigns. This Agreement and the rights, duties and obligations of the
Purchaser may not be assigned, transferred or encumbered by Purchaser without the prior written consent
of Rivian. No assignment shall relieve Purchaser of any of its obligations hereunder. Any attempted
assignment, transfer, or other conveyance in violation of the foregoing shall be null and void. Rivian may
assign or transfer any of its rights or obligations under this Agreement to an affiliate, subsidiary or
otherwise, either voluntarily or by operation of law, without Purchaser 's consent and without prior notice.
This Agreement will inure to the benefit of, and be binding upon, the respective heirs, executors,
administrators, legal representatives, and permitted successors and assigns of each party.
17.3 Advertising and Publicity. Rivian shall have the right to use Purchaser’s name and logo on client
lists published on Rivian’s website and in marketing materials. Rivian may announce the relationship
hereunder in a press release provided that Rivian obtains Purchaser’s prior approval of the wording of the
release (such approval not to be unreasonably withheld)
17.4 No Waiver. No waiver by either Party of any default will be deemed as a waiver of any prior or
subsequent default of the same, or of other, provisions of this Agreement.
17.5 Severability. If one or more provisions of this Agreement are held to be illegal or unenforceable
under applicable law, such illegal or unenforceable provision(s) will be revised to make them legal and
enforceable. The remainder of this Agreement will otherwise remain in full force and effect and enforceable
in accordance with its terms.
17.6 Relationship of the Parties. Nothing contained in this Agreement shall be construed as creating
any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary
relationship between the Parties, and neither Party shall have authority to contract for or bind the other
Party in any manner whatsoever. Purchaser shall not take any actions or make any statements that would
indicate the relationship between the Parties is other than that of vendor-vendee.
17.7 Entire Agreement. This Agreement, including all SOWs executed by Rivian, constitutes the entire
and sole agreement between Rivian and Purchaser, and merges all prior and contemporaneous
communications with respect to the subject matter hereof. This Agreement may not be modified or amended
except in a writing signed by both parties and specifically referring to the Agreement. Any standard printed
forms or terms of Purchaser, even if referenced in a purchase order, order confirmation, invoice, or other
document and not objected to by Rivian, shall have no force or effect, unless such form or document
specifically states that it is an amendment to the Agreement and confirmed in writing by an authorized
representative of Rivian. In the event of any conflict, ambiguity, or inconsistency between this Agreement
and any other document to which this Agreement may relate or be annexed, or which may be annexed to
this Agreement, including any SOW, the terms and conditions set forth herein shall govern.
17.8 Counterparts. This Agreement may be executed in two or more counterparts, each of which will
be deemed an original, but all of which together will constitute one and the same instrument. Counterparts
may be delivered via facsimile, electronic mail (including .pdf) or other reliable electronic means and any
counterpart so delivered will be deemed to have been duly and validly delivered and be valid and effective
for all purposes.
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17.9 Construction. The headings in the Agreement are for reference only and shall not affect the
interpretation of the Agreement. For purposes of the Agreement, the words “include,” “includes” and
“including” are deemed to be followed by the words “without limitation”; the word “or” is not exclusive;
and the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to the Agreement as a whole.
[signature page follows]
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The Parties have executed this Rivian EV Charger Purchase Agreement as of the Effective Date.
RIVIAN, LLC
By:
____________________________________________
Name:
________________________________________
Title:
__________________________________________
CONTRA COSTA COUNTY FIRE PROTECTION
DISTRICT
By:
_____________________________________________
Name:
_________________________________________
Title:
___________________________________________
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Chris Bachman
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SCHEDULE A – STATEMENT OF WORK
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RIVIAN PROPRIETARY AND CONFIDENTIAL INFORMATION. DO NOT DISTRIBUTE.
Rivian, LLC
607 Hansen Way
Palo Alto, CA 94304
Assumptions:
• Rivian AC Fleet Dispensers will be installed by the customer.
• Rivian will provide commissioning services to establish connectivity to the hardware and
register the units on the Rivian Energy Cloud.
• Customer will be on-boarded and trained on Rivian Energy Cloud access.
SCOPE OF SUPPLY AND PRICING
Rivian is pleased to submit the following Rivian AC Fleet Dispenser with Firm Fixed Pricing.
Item
Number
Item
Description
Unit
Price
01 Rivian AC Fleet Dispenser with 25’ Cable $1,150
02 Rivian AC Fleet Pedestal $950
03 Commissioning – AC Fleet Dispenser $450
The first 6 months of Rivian Energy Cloud with Network Connectivity is included with Hardware
purchase. Standard rate for Cloud with Connectivity is $25 per month, per dispenser.
Item
Number
Software
Description
Unit
Price
04 Rivian Energy Cloud (Monthly per dispenser) $0
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RIVIAN PROPRIETARY AND CONFIDENTIAL INFORMATION. DO NOT DISTRIBUTE.
Rivian, LLC
607 Hansen Way
Palo Alto, CA 94304
AC SPECIFICATIONS
Rivian System: AC Fleet Dispenser
Input Voltage: 208/240 AC
Wires: L1, L2, GND (no neutral)
Frequency: 60 Hz
Input Amperage (full load): 48 A
Power 11.5 kW
Recommended Breaker: 60A
Recommended Installation Type: Hardwired non-GFCI Service Panel Breaker
DIP Switch Adjustable Max Current Values 40A, 32A, 24A, 20A, 16A, 12A, 6A
Dimensions: 16.27 x 7.32 x 5.75in
Dispenser Cable Length: 18 feet
Enclosure Rating: NEMA 3R, Outdoor Use
Operating Temperature: -35C to +50C
Vehicle Connector Type: SAE J1772 (IEC 62196 Type 1)
Vehicle Communication: ISO 15118
Local Area Network: Wi-Fi 2.4GHz, Ethernet 10/100BASE-T
Wide Area Network (WAN): LTE Cat M1 / LTE Cat NB1
Bluetooth: Version 5.0
Certification: UL and cUL Listed to UL2594, UL2231, UL1998
*Specifications subject to change at any time.
Rivian AC Fleet Dispenser
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RIVIAN PROPRIETARY AND CONFIDENTIAL INFORMATION. DO NOT DISTRIBUTE.
Rivian, LLC
607 Hansen Way
Palo Alto, CA 94304
PRICING NOTES
1. Pricing: Pricing that has been provided as a Firm Fixed Price is executable.
2. Currency: Pricing is quoted in US Dollars.
3. Lead Time: Lead time for AC hardware is approximately 1 months after receipt of order.
4. Software: The Rivian Energy Cloud Platform is provided on a per dispenser basis. The
first 6 months of connectivity are included with hardware at no cost to the end user.
Standard connectivity rates shall be applicable after 12 months of operation.
5. Interoperability: This system can be used to charge all OEM vehicles SAE J1772
standard. In support of this program, Rivian would be happy to perform commercially
reasonable interoperability testing on 3rd party vehicles upon request.
6. Warranty: Rivian standard factory warranty policy shall apply to all Rivian charger
hardware.
7. Terms: Terms and conditions shall be mutually agreed upon in a Purchase Agreement
EXCLUSIONS
1. Shipping: Shipping charges have not been included in this quotation and shall be
invoiced in accordance with prevailing freight rates at the time of shipping.
2. Taxes: Taxes have not been included in this quotation and shall be invoiced in
accordance with any and all local, state and federal requirements.
3. Civil Works: Civil works such as trenching, fencing, bollards, lighting and concrete work
has not been included in this quotation.
4. Electrical: Electrical installation work has not been included in this quotation. Electrical
installation shall be performed by a properly licensed electrician.
5. Permitting: Permitting with the local municipality has not been included in this quotation.
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RECOMMENDATION(S):
APPROVE Appropriation and Revenue Adjustment No. 5019 authorizing new revenue in the amount of $141,600 from the Federal Emergency
Management Agency, U.S. Department of Homeland Security, California Governor's Office of Emergency Services, State Homeland Security
Grant Program (SHSGP) and $14,100 from the CCCFPD General Operating Fund and appropriating it to the Contra Costa County Fire
Protection District (7300) for the purchase of fourteen (14) portable radios.
FISCAL IMPACT:
89% Federal grant; 11% CCCFPD General Operating Fund. $141,600 funded from the State Homeland Security Grant Program (SHSGP) and
$14,100 from CCCFPD General Operating Fund. The cost of the radios is $141,471; sales tax and shipping bring the total cost to $155,639.
BACKGROUND:
On February 4, 2020, the Contra Costa County Fire Protection District Board of Directors authorized the Fire Chief, or designee, to apply for
and accept grant funding for the purchase of portable radios. These radios will provide a cache of additional East Bay Regional
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 12/06/2022 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:Candace Andersen,
Director
Diane Burgis, Director
Karen Mitchoff, Director
Federal D. Glover, Director
ABSENT:John Gioia,
Director
Contact: Lizz Patterson, Fiscal Officer 925-941-3300
x 1302
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on
the date shown.
ATTESTED: December 6, 2022
, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.4
To:Contra Costa County Fire Protection District Board of Directors
From:Lewis T. Broschard III, Chief, Contra Costa Fire Protection District
Date:December 6, 2022
Contra
Costa
County
Subject:Appropriation and Revenue Adjustment - FY20 SHSGP Portable Radios
BACKGROUND: (CONT'D)
Communications System (EBRCS) portable radios for engines that are upstaffed during disaster response activities. The Fire District was
awarded $141,600 from the FY 2020 State Homeland Security Grant Program toward the purchase of these radios and expects to recieve the
funds in FY 2022/23.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, the fire crews staffing engines lacking portable radios will not be properly equipped for disaster response
activities.
AGENDA ATTACHMENTS
TC24/27 AP005019
MINUTES ATTACHMENTS
Signed Approp Adj 5019
12/1/22
12/1/22