Clayton City Council
March 15, 2022

AGENDA

REGULAR JOINT MEETING
* * *

CLAYTON CITY COUNCIL
and

OAKHURST GEOLOGICAL HAZARD ABATEMENT

DISTRICT (GHAD)
* * *
TUESDAY, March 15, 2022
7:00 P.M.
*** NEW LOCATION***
This meeting is being held in accordance with AB 361, given the proclaimed state of emergency and the Contra Costa County Health Officer’s recommendation for social distancing for public meetings, which is also consistent with Cal OSHA requirements for social distancing, the City Council will be participating in meetings via phone/video conferencing. The public is invited to watch and participate via the methods listed below:

Mayor: Peter Cloven
Vice Mayor: Holly Tillman
Council Members
Jim Diaz
Jeff Wan
Carl Wolfe
• A complete packet of information containing staff reports and exhibits related to each public item is available for public review on the City’s website at www.claytonca.gov • Agendas are posted at: 1) City Hall, 6000 Heritage Trail; 2) Library, 6125 Clayton Road; 3) Ohm’s Bulletin Board, 1028 Diablo Street, Clayton; and 4) City Website at www.claytonca.gov • Any writings or documents provided to a majority of the City Council after distribution of the Agenda Packet and regarding any public item on this Agenda is available for review on the City’s website at www.claytonca.gov
• If you have a physical impairment that requires special accommodations to participate, please call the City Clerk’s office at least 72 hours in advance of the meeting at (925) 673-7300. _____________________________________________________________________________________________ Agenda March 15, 2022 Page 2
Instructions for Virtual City Council Meeting – March 15 To protect our residents, officials, and staff, and aligned with the Governor’s executive order to Shelter-at-Home, this meeting is being conducted utilizing teleconferencing means consistent with State order that that allows the public to address the local legislative body electronically.

To follow or participate in the meeting:

1. Videoconference: to follow the meeting on-line, click here to register:
https://us02web.zoom.us/webinar/register/WN_suxMeIgbQNWPGzIqaBNXFw After clicking on the URL, please take a few seconds to submit your first and last name, and e-mail address then click “Register”, which will approve your registration and a new URL to join the meeting will appear.

Phone-in: Once registered, you will receive an e-mail with instructions to join the meeting telephonically, and then dial Telephone: 877 853 5257 (Toll Free)

2. using the Webinar ID and Password found in the e-mail.

E-mail Public Comments: If preferred, please e-mail public comments to the City Clerk, Ms.

Calderon at [email protected] by 5 PM on the day of the City Council meeting. All E-mail Public Comments will be forwarded to the entire City Council.

For those who choose to attend the meeting via videoconferencing or telephone shall have 3 minutes for public comments.

Location:

Videoconferencing Meeting (this meeting via teleconferencing is open to the public) To join this virtual meeting on-line click here:
https://us02web.zoom.us/webinar/register/WN_suxMeIgbQNWPGzIqaBNXFw To join on telephone, you must register in the URL above, which sends an e-mail to your inbox, and then dial (877) 853-5257 using the Webinar ID and Password found in the e-mail.

_____________________________________________________________________________________________ Agenda March 15, 2022 Page 3
* CITY COUNCIL *
March 15, 2022

1. CALL TO ORDER AND ROLL CALL – Mayor Cloven.

2. MEETING PROTOCOL VIDEO– City Clerk

3. PLEDGE OF ALLEGIANCE – led by Councilmember Diaz.

4. CONSENT CALENDAR
Consent Calendar items are typically routine in nature and are considered for approval by one single motion of the City Council. Members of the Council, Audience, or Staff wishing an item removed from the Consent Calendar for purpose of public comment, question, discussion or alternative action may request so through the Mayor.
(a) Approve the minutes of the City Council’s regular meeting of March 1, 2022. (City Clerk) (View here)
(b) Approve the Financial Demands and Obligations of the City. (Finance) (View here) (c) Adopt a Resolution of the City Council of the City of Clayton Allowing for Video and Teleconference Meetings during the COVID-19 State of Emergency Under AB 361. (City Manager) (View here)
(d) A Resolution of the City Council of the City of Clayton: 1) Identifying Various Facilities and Equipment Replacement and Installations for the Application to the California Department of Parks and Recreation’s Office of Grants and Local Services (OGAL), for Receipt of Grant Funds Pursuant to the Proposition 68 Recreational Infrastructure Revenue Enhancement (RIRE) Grant Program; 2) Establishing a Capital Improvement Project (CIP) for The Grove Facilities Enhancements (CIP 10455) in a Total Amount of $250,000; 3) Accepting and Appropriating to CIP 10455 $250,000 in Proposition 68 RIRE Grant Funds; and 4) Directing the City Manager to File a Notice of Exemption from the California Environmental Quality Act for the Project.
(Community Development Director) (View here)
(e) Establishing 2022/23 ERU Assessment Rate for Federal and State Mandated National Pollution Discharge Elimination System (NPDES) Program (Storm Water Pollution Prevention). (Assistant to the City Manager) (View here) (f) Approval of 2022 “Classic Car Show & DJ” Wednesday Series at the City Parking Lot on Main Street. (Councilmember Diaz) (View here)
_____________________________________________________________________________________________ Agenda March 15, 2022 Page 4

5. RECOGNITIONS AND PRESENTATIONS
(a) Proclamation declaring March as “Red Cross Month” in the City of Clayton. (Mayor Cloven) (View here)

6. REPORTS
(a) City Manager/Staff
(b) City Council - Reports from Council liaisons to Regional Committees, Commissions and Boards.

7. PUBLIC COMMENT ON NON - AGENDA ITEMS
Members of the public may address the City Council on items within the Council’s jurisdiction, (which are not on the agenda) at this time. To assure an orderly meeting and an equal opportunity for everyone, each speaker is limited to 3 minutes, enforced at the Mayor’s discretion. In accordance with State Law, no action may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may at its discretion request Staff to report back at a future meeting concerning the matter.

Public comment and input on Public Hearing, Action Items and other Agenda Items will be allowed when each item is considered by the City Council.

8. PUBLIC HEARINGS – None.

9. ACTION ITEMS
(a) Accounting Action Plan to Correct FY2020/21 Audit Findings. (Finance Director) (View here)
(b) Adopt a Resolution Appropriating American Rescue Plan Act (ARPA) funds for the Purchase and Implementation of the ClearGov Budget and Performance Management Software Platform. (Finance Director) (View here) (c) FY2021/22 Mid-year Budget Review and Adoption of a Resolution Authorizing the Creation of a Separate Fund (232) for American Rescue Plan Act (ARPA) Revenues and Expenses. (Finance Director) (View here)
(d) Adopt A Resolution Approving a Professional Services Agreement with Anchor CM Through June 30, 2023 with up to Four One-year Renewals, for City Engineering Services, Authorizing the City Manager to Execute the Agreement and Appointing Larry Theis, PE As City Engineer for the City of Clayton. (City Manager) (View here) (e) Update on the Contra Costa County Land Use Permit Revision Application Pertaining to the Amendment of the CEMEX Clayton Quarry Reclamation Plan and Availability of the Draft Environmental Impact Report (EIR) Prepared for the Project. (Community Development Director) (View here)
_____________________________________________________________________________________________ Agenda March 15, 2022 Page 5

10. CLOSED SESSION – None.

11. COUNCIL ITEMS – limited to Council requests and directives for future meetings.

12. ADJOURNMENT - the next regularly scheduled City Council meeting will be April 5, 2022. # # # # #
_____________________________________________________________________________________________ Agenda March 15, 2022 Page 6
* OAKHURST GEOLOGICAL HAZARD ABATEMENT DISTRICT *
March 15, 2022

1. CALL TO ORDER AND ROLL CALL – Chair Diaz.

2. PUBLIC COMMENTS
Members of the public may address the District Board members on items within the Board’s jurisdiction, (which are not on the agenda) at this time. To facilitate the recording, assure an orderly meeting and provide an equal opportunity for everyone, each speaker is limited to 3 minutes, enforced at the Chair’s discretion. In accordance with State Law, no action may take place on any item not appearing on the posted agenda. The Board may respond to statements made or questions asked, or may at its discretion request Staff to report back at a future meeting concerning the matter.

Public comment and input on Public Hearing, Action Items and other Agenda Items will be allowed when each item is considered by the Board.

3. CONSENT CALENDAR
Consent Calendar items are typically routine in nature and are considered for approval by the Board with one single motion. Members of the Board, Audience, or Staff wishing an item removed from the Consent Calendar for purpose of public comment, question or input may request so through the Chair.
(a) Approve the Board of Directors’ minutes for its regular meeting December 7, 2021. (Secretary) (View here)

4. PUBLIC HEARINGS - None.

5. ACTION ITEMS
(a) Adopt a Resolution Approving a Professional Services Agreement with Anchor CM Through June 30, 2023 with up to Four One-year Extensions for Assessment District Management Services, Authorizing the City Manager to Execute the Agreement and Appointing Larry Theis, PE as General Manager for the Oakhurst Geological Hazard Abatement District. (City Manager) (View here)

6. BOARD ITEMS – limited to requests and directives for future meetings.

7. ADJOURNMENT – the next meeting of the GHAD Board of Directors will be scheduled as needed.
# # #
Agenda Item: 4(a)
____________________________________________________________________________ City Council Minutes March 1, 2022 Page 1

MINUTES
OF THE

REGULAR MEETING

CLAYTON CITY COUNCIL
TUESDAY, March 1, 2022

1. CALL TO ORDER THE CITY COUNCIL – The meeting was called to order at 7:00 p.m. by Mayor Cloven on a virtual web meeting and telephonically (877) 853-5257.

Councilmembers present: Mayor Cloven, Vice Mayor Tillman, and Councilmembers Diaz, Wan, and Wolfe. Councilmembers absent: None. Staff present: City Manager Reina Schwartz, City Attorney Mala Subramanian, and City Clerk/HR Manager Janet Calderon.

2. MEETING PROTOCOL VIDEO – City Clerk.

3. PLEDGE OF ALLEGIANCE – led by Councilmember Diaz.

4. CONSENT CALENDAR
Vice Mayor Tillman thanked the residents that applied for and were appointed to the Trails and Landscaping Committee.

It was moved by Councilmember Wolfe, seconded by Councilmember Wan, to approve the Consent Calendar items 4(a) – 4(i) as submitted. (Passed 5-0). (a) Approved the minutes of the City Council’s regular meeting of February 15, 2022. (City Clerk)
(b) Approved the Financial Demands and Obligations of the City. (Finance) (c) Adopted Resolution No. 14-2022 of the City Council of the City of Clayton Allowing for Video and Teleconference Meetings during the COVID-19 State of Emergency Under AB 361. (City Manager)
(d) Adopted Resolution No. 15-2022 Appointing Nine (9) Citizens to the Trails and Landscaping Committee for terms of office commencing March 1, 2022 through December 31, 2023. (City Clerk)
(e) Adopted Resolution No. 16-2022 Acceptance of the 2021 General Plan Implementation and Housing Element Annual Progress Report. (Community Development Director) (f) Adopted Resolution No. 17-2022 of the City Council of the City of Clayton: 1) Identifying the Replacement of the School-Age and Toddler Play Structures for the Application to the California Department of Parks and Recreation’s Office of Grants and Local Services’ (OGAL), for Receipt of Grant Funds Pursuant to the Proposition 68 Per Capita Grant Program; 2) Establishing a Capital Improvement Project (CIP) for Clayton ____________________________________________________________________________ City Council Minutes March 1, 2022 Page 2
Community Park Playground Replacement (CIP 10454) in a Total Amount of $378,074; 3) Accepting and Appropriating to CIP 10454 $185,074 in Proposition 68 Per Capita Grant Funds for CIP 10454; 4) Accepting and Appropriating to CIP 10454 the Donation of $20,000 from Clayton Valley Concord Sunrise Rotary; 5) Appropriating $173,000 in Developer Impact Fees to CIP 10454; Delegating Authority to the City Manager or Designee to Execute Any Required Documents; and Directing the City Manager to File a Notice of Exemption from the California Environmental Quality Act for the Project. (Community Development Director)
(g) Adopted Resolution No. 18-2022 Approving an Agreement with Precision Civil Engineering for Preparation of Pre-Approved Accessory Dwelling Unit (ADU) Plans and an ADU Information Brochure, and Appropriating Funding for a Not-to-Exceed Amount of $54,500 in Reimbursable Funds from the Senate Bill 2 Planning Grants Program. (Community Development Director)
(h) Establish a City Council Ad Hoc CEMEX Committee. (City Manager) (i) Adopted Resolution No. 19-2022 of the City Council of the City of Clayton Adopting a Notification of Intention to Comply with Senate Bill 1383, California’s Short-Lived Climate Pollutant Reduction Law (Organic Waste Reduction Regulations). (Assistant to the City Manager)

5. RECOGNITIONS AND PRESENTATIONS
(a) Certificates of Recognition to public school students for exemplifying the “Do the Right Thing” character trait of “Self-Discipline” during the months of January and February 2022. (Mayor Cloven)
Councilmember Wolfe and Mt. Diablo Elementary School Principal Katie Sanchez and teachers Mrs. VanOutrive and Mrs. Erickson presented certificates to Ian Meyer and Mehar Nanwhan.

Councilmember Wolfe and Diablo View Middle School Principal Peter Fong presented certificates to Kaylee Abregana and Luka Sahin.
(b) Proclamation declaring March as “Irish-American Heritage Month” in the City of Clayton. (Mayor Cloven)
Mayor Cloven read the proclamation declaring March as “Irish-American Heritage Month”.
(c) Proclamation declaring March as “National Women’s History Month” in the City of Clayton. (Mayor Cloven)
Vice Mayor Tillman read the proclamation declaring March as “National Women’s History Month”.
(d) Proclamation declaring March 31, as “Cesar Chavez Day” in the City of Clayton. (Mayor Cloven)
Councilmember Diaz read the proclamation declaring March 31 as “Cesar Chavez Day”.

Agenda Item: 4(a)
____________________________________________________________________________ City Council Minutes March 1, 2022 Page 3

6. REPORTS
(a) City Manager/Staff
City Manager Reina Schwartz provided a brief update on the Clayton Cares Program and advised in-person City Council meetings are expected to begin in April. (b) City Council - Reports from Council liaisons to Regional Committees, Commissions and Boards.

Councilmember Wan called and emailed constituents.

Vice Mayor Tillman attended the CalCities Legislative Discussion Forum, met with the Mount Diablo Unified School District Superintendent at Northgate High School, attended the Mount Diablo Unified School District board meeting, attended the Clayton Business and Community Association general membership meeting, attended the local elected woman’s luncheon, assembled and distributed door hangers in the community.

Councilmember Diaz attended the Clayton Business and Community Association general membership meeting, met with the City Manager, met with the Police Chief, and announced Bob Hoyer, first Mayor of Clayton will be celebrating his 101st birthday on March 17.

Councilmember Wolfe met with the Mayor, met with the City Manager, emailed and called constituents, attended the BART redistricting meeting, and assisted in the distribution of door hangers in the community.

Mayor Cloven attended the BART Redistricting meeting, visited Mount Diablo Elementary School, attended a Hazardous Waste Materials Commission meeting, attended the Clayton Business and Community Association general membership meeting, assisted with the distribution of door hangers in the community, felt the recent Clayton Pioneer article may have created more confusion for the community and clarified certain items regarding the potential tax measure, and attended the Clayton Club Annual Chili Cook-Off.

7. PUBLIC COMMENT ON NON - AGENDA ITEMS
James Killoran expressed concern regarding the costs of obtaining driveway permits and inspection fees in the City of Clayton.

Mark Foley, BART Director District 2, provided a brief update on BART redistricting.

Dee Vieira expressed concern regarding an anonymous letter she received regarding potential Clayton Business and Community Association fraudulent activities, and expressed her appreciation regarding the distribution of the door hangers. ____________________________________________________________________________ City Council Minutes March 1, 2022 Page 4
Gary Hood expressed his concerns regarding the lack of preventative maintenance although every resident is contributing to the Landscape Tax Assessment, he also felt the Clayton Pioneer article created more confusion, and requested the City Council and City Manager reconsider the claim filed against the city for the tree falling on private property, as he felt those trees were not properly maintained by the City.

Mayor Cloven closed public comment.

8. PUBLIC HEARINGS – None.

9. ACTION ITEMS
(a) Discussion of Availability of a Quorum at the April 5, 2022 Regular City Council Meeting. (City Manager)
City Manager Schwartz presented the report.

Following questions by the City Council, Mayor Cloven opened the item to public comment; no comments were offered.

After City Council discussion, it was determined there will be a quorum at the April 5, 2022 regular City Council meeting.

No action taken.

10. CLOSED SESSION – None.

11. COUNCIL ITEMS
Councilmember Diaz requested both the City Council and Planning Commission form a Study Group regarding the Housing Element.

12. ADJOURNMENT– on call by Mayor Cloven, the City Council adjourned its meeting at 8:05 p.m.

The next regularly scheduled meeting of the City Council will be March 15, 2022. # # # # #
Respectfully submitted,
________________________________
Janet Calderon, City Clerk
Agenda Item: 4(a)
____________________________________________________________________________ City Council Minutes March 1, 2022 Page 5

APPROVED BY THE CLAYTON CITY COUNCIL
______________________________________
Peter Cloven, Mayor
# # # # #
Agenda Item: 4(b)

STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: JENNIFER GIANTVALLEY, ACCOUNTING TECHNICIAN
DATE: 03/15/2022
SUBJECT: FINANCIAL DEMANDS AND OBLIGATIONS OF THE CITY
RECOMMENDATION:

It is recommended the City Council, by minute action, approve the financial demands and obligations of the City for the purchase of services and goods in the ordinary course of operations.

Attachments:

1. Open Invoice Report, dated 3/9/22 (5 pages)

2. Open Invoice Report ARPA, dated 3/9/22 (1 page)

3. Open Invoice Report Cal Card 1/24/22, dated 3/7/22 (2 pages)

4. Open Invoice Report Cal Card 2/22/22, dated 3/7/22 (2 pages)

5. Payroll Reconciliation Summary report PPE 02/20/22 (2 pages)

6. Payroll Reconciliation Summary report PPE 03/06/22 (2 pages) Attached Report Purpose Date Amount
Open Invoice Report Accounts Payable 3/9/2022 $ 172,931.23 Open Invoice Report - ARPA Accounts Payable 3/9/2022 $ 110,000.00 Open Invoice Report-CalCard Stmt end 1/24/22 Accounts Payable 3/7/2022 $ 7,761.22 Open Invoice Report-CalCard Stmt end 2/22/22 Accounts Payable 3/7/2022 $ 7,670.83 Payroll Reconciliation Summary Payroll, Taxes 2/25/2022 $ 85,678.67 Payroll Reconciliation Summary Payroll, Taxes 3/11/2022 $ 92,791.19 Total Required $ 476,833.14
3/9/2022 City of Clayton Page 1
Open Invoice Report
Obligations
Vendor Name Due Date Date Invoice Number Invoice Description Balance Discount Expires On Net Amount Due Invoice Invoice Potential Discount
Advanced Elevator Solutions, Inc
Advanced Elevator Solutions, Inc 3/15/2022 3/1/2022 47083 Elevator Service February 2022 $124.00 $0.00 $124.00 Totals for Advanced Elevator Solutions, Inc: $124.00 $0.00 $124.00 All City Management Services, Inc.

All City Management Services, Inc. 3/15/2022 2/24/2022 75678 School crossing guard svcs 1/23/22-2/5/22 $694.98 $0.00 $694.98 Totals for All City Management Services, Inc.: $694.98 $0.00 $694.98 American Fidelity Assurance Company
American Fidelity Assurance Company 3/15/2022 2/28/2022 D417907 Supplemental insurance February 2022 $844.92 $0.00 $844.92 American Fidelity Assurance Company 3/15/2022 2/18/2022 6045500 FSA PPE 2/20/22 $115.00 $0.00 $115.00 Totals for American Fidelity Assurance Company: $959.92 $0.00 $959.92 Authorize.net
Authorize.net 3/15/2022 2/28/2022 February2022 Online bankcard gateway fee February 2022 $31.95 $0.00 $31.95 Totals for Authorize.net: $31.95 $0.00 $31.95
Bay Area Barricade Serv.

Bay Area Barricade Serv. 3/15/2022 2/22/2022 29288 Parking bumper, cable ties $42.69 $0.00 $42.69 Totals for Bay Area Barricade Serv.: $42.69 $0.00 $42.69 CA Dept of Industrial Relations
CA Dept of Industrial Relations 3/15/2022 2/14/2022 E 1861337 OA Elevator inspection 1/25/22 $225.00 $0.00 $225.00 Totals for CA Dept of Industrial Relations: $225.00 $0.00 $225.00 Capitol Barricade, Inc
Capitol Barricade, Inc 3/15/2022 2/28/2022 142012 Speed radar signs $10,296.50 $0.00 $10,296.50 Totals for Capitol Barricade, Inc: $10,296.50 $0.00 $10,296.50 Cintas Corporation
Cintas Corporation 3/15/2022 3/3/2022 4112378998 PW uniforms through 3/3/22 $49.00 $0.00 $49.00 Cintas Corporation 3/15/2022 2/24/2022 4111696961 PW uniforms through 2/24/22 $49.00 $0.00 $49.00 Totals for Cintas Corporation: $98.00 $0.00 $98.00
Clean Street
Clean Street 3/15/2022 1/31/2022 1021052CS Street sweeping January 2022 $4,500.00 $0.00 $4,500.00 Totals for Clean Street: $4,500.00 $0.00 $4,500.00
Cole Supply Co., nc
Cole Supply Co., nc 3/15/2022 2/17/2022 509731 Trash liners, latex gloves $634.88 $0.00 $634.88 Totals for Cole Supply Co., nc: $634.88 $0.00 $634.88
Comcast Business
Comcast Business 3/15/2022 3/5/2022 030522 Internet 3/10/22-4/9/22 $391.16 $0.00 $391.16 Totals for Comcast Business: $391.16 $0.00 $391.16
3/9/2022 City of Clayton Page 2
Open Invoice Report
Obligations
Vendor Name Due Date Date Invoice Number Invoice Description Balance Discount Expires On Net Amount Due Invoice Invoice Potential Discount
Contra Costa County - Office of the Sheriff
Contra Costa County - Office of the She 3/15/2022 2/8/2022 CLPD-2201 Toxicology January 2022 $1,837.50 $0.00 $1,837.50 Contra Costa County - Office of the She 3/15/2022 2/22/2022 CAL-ID 2022 CAL-ID User FY 2022 $14,559.00 $0.00 $14,559.00 Totals for Contra Costa County - Office of the Sheriff: $16,396.50 $0.00 $16,396.50 Contra Costa County Public Works Dept
Contra Costa County Public Works Dept 3/15/2022 2/25/2022 704738 Traffic signal maintenance January 2022 $1,479.69 $0.00 $1,479.69 Contra Costa County Public Works Dept 3/15/2022 2/14/2022 704710 Clean water program bamboo utensil sets $224.00 $0.00 $224.00 Totals for Contra Costa County Public Works Dept: $1,703.69 $0.00 $1,703.69 Critical Reach, Inc
Critical Reach, Inc 3/15/2022 12/6/2021 1825 APBnet Annual Support Fee 2022 $220.00 $0.00 $220.00 Totals for Critical Reach, Inc: $220.00 $0.00 $220.00
Dillon Electric Inc
Dillon Electric Inc 3/15/2022 2/21/2022 4606 Street light repairs 2/17/22 $1,089.42 $0.00 $1,089.42 Dillon Electric Inc 3/15/2022 2/14/2022 4602 Street light repairs 2/11/22 $352.00 $0.00 $352.00 Dillon Electric Inc 3/15/2022 2/14/2022 4601 Install taller light poles and cameras in The Gr $3,824.24 $0.00 $3,824.24 Totals for Dillon Electric Inc: $5,265.66 $0.00 $5,265.66 Environtech Enterprises
Environtech Enterprises 3/15/2022 3/1/2022 A001B-3B-22 Weed abatement February 2022 $11,600.00 $0.00 $11,600.00 Totals for Environtech Enterprises: $11,600.00 $0.00 $11,600.00 FasTrak Violation Processing
FasTrak Violation Processing 3/15/2022 2/3/2022 I712270242456 Bridge toll- LP CA1603493 $7.00 $0.00 $7.00 Totals for FasTrak Violation Processing: $7.00 $0.00 $7.00 Galaxy Press
Galaxy Press 3/15/2022 2/12/2022 35252 PD business cards $232.67 $0.00 $232.67 Totals for Galaxy Press: $232.67 $0.00 $232.67
Harris & Associates, Inc.

Harris & Associates, Inc. 3/15/2022 2/10/2022 51501 Engineering permit inspections January 2022 $5,207.50 $0.00 $5,207.50 Totals for Harris & Associates, Inc.: $5,207.50 $0.00 $5,207.50 Health Care Dental Trust
Health Care Dental Trust 3/15/2022 3/7/2022 311162 Dental April 2022 $1,798.48 $0.00 $1,798.48 Totals for Health Care Dental Trust: $1,798.48 $0.00 $1,798.48 Hinderliter de Llamas & Associates
Hinderliter de Llamas & Associates 3/15/2022 3/2/2022 SIN015039 Sales Tax Q3 FY22 $1,049.15 $0.00 $1,049.15 Totals for Hinderliter de Llamas & Associates: $1,049.15 $0.00 $1,049.15 HNC Investment Partners
3/9/2022 City of Clayton Page 3
Open Invoice Report
Obligations
Vendor Name Due Date Date Invoice Number Invoice Description Balance Discount Expires On Net Amount Due Invoice Invoice Potential Discount
HNC Investment Partners 3/15/2022 2/23/2022 121088 Door hangers for Clayton Cares and Housing E $1,300.54 $0.00 $1,300.54 Totals for HNC Investment Partners: $1,300.54 $0.00 $1,300.54 JJR Enterprises, Inc
JJR Enterprises, Inc 3/15/2022 2/21/2022 3440153 Copier usage 1/18/22-2/17/22 $217.71 $0.00 $217.71 Totals for JJR Enterprises, Inc: $217.71 $0.00 $217.71
Sandy Johnson
Sandy Johnson 3/15/2022 3/2/2022 030222 Reimbursement for office supplies $9.22 $0.00 $9.22 Totals for Sandy Johnson: $9.22 $0.00 $9.22
Troy Johnston
Troy Johnston 3/15/2022 3/1/2022 CAP0386 Deposit refund $2,000.00 $0.00 $2,000.00 Totals for Troy Johnston: $2,000.00 $0.00 $2,000.00
League of CA Cities East Bay Division
League of CA Cities East Bay Division 3/15/2022 2/10/2022 4887 Member dues 2022 $250.00 $0.00 $250.00 Totals for League of CA Cities East Bay Division: $250.00 $0.00 $250.00 Amanda McCall
Amanda McCall 3/15/2022 3/2/2022 AP032622 Refund for alcohol permit @ CCP 3/26/22 $65.00 $0.00 $65.00 Totals for Amanda McCall: $65.00 $0.00 $65.00
Mission Square Retirement
Mission Square Retirement 3/15/2022 2/20/2022 022022 457 Plan contributions PPE 2/20/22 $3,154.76 $0.00 $3,154.76 Totals for Mission Square Retirement: $3,154.76 $0.00 $3,154.76 Moore Iacofano Golstman, Inc
Moore Iacofano Golstman, Inc 3/15/2022 12/6/2021 0072538 Housing Element svcs October 2021 (remaini $4,766.25 $0.00 $4,766.25 Totals for Moore Iacofano Golstman, Inc: $4,766.25 $0.00 $4,766.25 MPA
MPA 3/15/2022 3/1/2022 918-26381 Life/Disability Ins March 2022 $1,968.83 $0.00 $1,968.83 Totals for MPA: $1,968.83 $0.00 $1,968.83
Ashk Naraghi
Ashk Naraghi 3/15/2022 2/28/2022 1081 Deposit refund $405.05 $0.00 $405.05 Totals for Ashk Naraghi: $405.05 $0.00 $405.05
Nationwide
Nationwide 3/15/2022 2/20/2022 022022 457 Plan contribution PPE 2/20/22 $500.00 $0.00 $500.00 Totals for Nationwide: $500.00 $0.00 $500.00
Pacific Telemanagement Svc
Pacific Telemanagement Svc 3/15/2022 2/24/2022 2083077 Courtyard pay phone March 2022 $70.00 $0.00 $70.00 3/9/2022 City of Clayton Page 4
Open Invoice Report
Obligations
Vendor Name Due Date Date Invoice Number Invoice Description Balance Discount Expires On Net Amount Due Invoice Invoice Potential Discount
Totals for Pacific Telemanagement Svc: $70.00 $0.00 $70.00 Paysafe Payment Processing
Paysafe Payment Processing 3/15/2022 2/28/2022 February22 OTC bankcard fee February 2022 $433.57 $0.00 $433.57 Paysafe Payment Processing 3/15/2022 2/28/2022 February22 Online bankcard fee February 2022 $147.08 $0.00 $147.08 Paysafe Payment Processing 3/15/2022 1/31/2022 January22 OTC bankcard fee January 2022 $494.00 $0.00 $494.00 Paysafe Payment Processing 3/15/2022 1/31/2022 January22 Online bankcard fee January 2022 $181.96 $0.00 $181.96 Totals for Paysafe Payment Processing: $1,256.61 $0.00 $1,256.61 PG&E
PG&E 3/15/2022 3/2/2022 030222 Energy 1/20/22-2/17/22 $118.77 $0.00 $118.77 Totals for PG&E: $118.77 $0.00 $118.77
Quality Crystal Clear Pool Co
Quality Crystal Clear Pool Co 3/15/2022 3/1/2022 CAP0408 Deposit refund $2,024.00 $0.00 $2,024.00 Totals for Quality Crystal Clear Pool Co: $2,024.00 $0.00 $2,024.00 Rent-A-Fence.com
Rent-A-Fence.com 3/15/2022 2/23/2022 12198-9563 The Grove fencing $3,095.52 $0.00 $3,095.52 Totals for Rent-A-Fence.com: $3,095.52 $0.00 $3,095.52
Roto-Rooter Sewer/Drain Service
Roto-Rooter Sewer/Drain Service 3/15/2022 2/4/2022 510-23729272 Repair plumbing CCP restroom $745.00 $0.00 $745.00 Totals for Roto-Rooter Sewer/Drain Service: $745.00 $0.00 $745.00 Rural Pig Management, Inc
Rural Pig Management, Inc 3/15/2022 3/1/2022 CC03122 Pig control maint March 2022 $3,000.00 $0.00 $3,000.00 Totals for Rural Pig Management, Inc: $3,000.00 $0.00 $3,000.00 Site One Landscape Supply, LLC
Site One Landscape Supply, LLC 3/15/2022 2/17/2022 116321723-001 Grass seed, irrigation parts $1,323.36 $0.00 $1,323.36 Totals for Site One Landscape Supply, LLC: $1,323.36 $0.00 $1,323.36 Staples Business Credit
Staples Business Credit 3/15/2022 2/25/2022 1640639013 Office supplies $417.74 $0.00 $417.74 Totals for Staples Business Credit: $417.74 $0.00 $417.74 Stericycle Inc
Stericycle Inc 3/15/2022 3/1/2022 3005908916 Medical waste disposal $68.25 $0.00 $68.25 Totals for Stericycle Inc: $68.25 $0.00 $68.25
Strategy Research Institute, Inc
Strategy Research Institute, Inc 3/15/2022 2/28/2022 2087Clay022202 Clayton Feasibility Study, Inst #2 $22,000.00 $0.00 $22,000.00 Strategy Research Institute, Inc 3/15/2022 2/28/2022 2086Clay022201 Clayton Feasibility Study, Inst #1 $4,000.00 $0.00 $4,000.00 Totals for Strategy Research Institute, Inc: $26,000.00 $0.00 $26,000.00 3/9/2022 City of Clayton Page 5
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Obligations
Vendor Name Due Date Date Invoice Number Invoice Description Balance Discount Expires On Net Amount Due Invoice Invoice Potential Discount
Valmont Industries
Valmont Industries 3/15/2022 2/26/2022 CD14114117 Replacement light pole, property damage repa $3,656.18 $0.00 $3,656.18 Totals for Valmont Industries: $3,656.18 $0.00 $3,656.18 Waraner Brothers Tree Service
Waraner Brothers Tree Service 3/15/2022 2/21/2022 15939 Tree work Clayton Rd (Lydia Ln/Atchinson S $8,640.00 $0.00 $8,640.00 Waraner Brothers Tree Service 3/15/2022 3/2/2022 15940 Tree work Oak St (near bridge) $2,880.00 $0.00 $2,880.00 Waraner Brothers Tree Service 3/15/2022 3/1/2022 15942 Tree work Clayton Rd (Main St/OMC) $19,440.00 $0.00 $19,440.00 Waraner Brothers Tree Service 3/15/2022 3/1/2022 15941 Tree work Clayton Rd (Atchinson Stage/Mitc $11,520.00 $0.00 $11,520.00 Totals for Waraner Brothers Tree Service: $42,480.00 $0.00 $42,480.00 Weichert, Realtors
Weichert, Realtors 3/15/2022 2/28/2022 1080 Deposit refund $1,310.11 $0.00 $1,310.11 Totals for Weichert, Realtors: $1,310.11 $0.00 $1,310.11 Wex Bank-Fleet Cards
Wex Bank-Fleet Cards 3/15/2022 2/25/2022 78914252 Fuel - stmt end 2/25/22 $4,564.97 $0.00 $4,564.97 Totals for Wex Bank-Fleet Cards: $4,564.97 $0.00 $4,564.97 Son Hang Wong
Son Hang Wong 3/15/2022 2/28/2022 1082 Deposit refund $867.31 $0.00 $867.31 Totals for Son Hang Wong: $867.31 $0.00 $867.31
Workers.com
Workers.com 3/15/2022 2/25/2022 132166 Seasonal workers week-end 2/20/22 $2,839.70 $0.00 $2,839.70 Workers.com 3/15/2022 2/18/2022 132114 Seasonal workers week-end 2/13/22 $2,976.62 $0.00 $2,976.62 Totals for Workers.com: $5,816.32 $0.00 $5,816.32
GRAND TOTALS: $172,931.23 $0.00 $172,931.23
3/9/2022 City of Clayton Page 1
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ARPA Obligations
Vendor Name Due Date Date Invoice Number Invoice Description Balance Discount Expires On Net Amount Due Invoice Invoice Potential Discount
Roy Ashworth
Roy Ashworth 3/14/2022 3/9/2022 ARPA Clayton Cares Program $10,000.00 $0.00 $10,000.00 Totals for Roy Ashworth: $10,000.00 $0.00 $10,000.00
Richard Chase
Richard Chase 3/14/2022 3/9/2022 ARPA Clayton Cares Program $10,000.00 $0.00 $10,000.00 Totals for Richard Chase: $10,000.00 $0.00 $10,000.00
Clayton Yoga Shala
Clayton Yoga Shala 3/14/2022 3/9/2022 ARPA Clayton Cares Program $10,000.00 $0.00 $10,000.00 Totals for Clayton Yoga Shala: $10,000.00 $0.00 $10,000.00 Stephanie Covington
Stephanie Covington 3/14/2022 3/9/2022 ARPA Clayton Cares Program $10,000.00 $0.00 $10,000.00 Totals for Stephanie Covington: $10,000.00 $0.00 $10,000.00 Denny's Diablo Valley Masonry, Inc
Denny's Diablo Valley Masonry, Inc 3/14/2022 3/9/2022 ARPA Clayton Cares Program $10,000.00 $0.00 $10,000.00 Totals for Denny's Diablo Valley Masonry, Inc: $10,000.00 $0.00 $10,000.00 Debra Flynn
Debra Flynn 3/14/2022 3/9/2022 ARPA Clayton Cares Program $10,000.00 $0.00 $10,000.00 Totals for Debra Flynn: $10,000.00 $0.00 $10,000.00
Golden Gate Real Estate
Golden Gate Real Estate 3/14/2022 3/9/2022 ARPA Clayton Cares Program $10,000.00 $0.00 $10,000.00 Totals for Golden Gate Real Estate: $10,000.00 $0.00 $10,000.00 Tamar Gonsalves
Tamar Gonsalves 3/14/2022 3/9/2022 ARPA Clayton Cares Program $10,000.00 $0.00 $10,000.00 Totals for Tamar Gonsalves: $10,000.00 $0.00 $10,000.00 Arlene Kikkawa-Nielsen
Arlene Kikkawa-Nielsen 3/14/2022 3/9/2022 ARPA Clayton Cares Program $10,000.00 $0.00 $10,000.00 Totals for Arlene Kikkawa-Nielsen: $10,000.00 $0.00 $10,000.00 Joyce Renslow
Joyce Renslow 3/14/2022 3/9/2022 APRPA Clayton Cares Program $10,000.00 $0.00 $10,000.00 Totals for Joyce Renslow: $10,000.00 $0.00 $10,000.00
Melissa or Paul Rodgers
Melissa or Paul Rodgers 3/14/2022 3/9/2022 ARPA Clayton Cares Program $10,000.00 $0.00 $10,000.00 Totals for Melissa or Paul Rodgers: $10,000.00 $0.00 $10,000.00 GRAND TOTALS: $110,000.00 $0.00 $110,000.00
3/7/2022 City of Clayton Page 1
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CALCARD Obligations Stmt End 1/24/22
Vendor Name Due Date Date Invoice Number Invoice Description Balance Discount Expires On Net Amount Due Invoice Invoice Potential Discount
US Bank CalCard
US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Porta-potty rental HONEY BUCKET $228.13 $0.00 $228.13 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Prime monthly fee AMAZON PRIME*9K1QW4MT $14.26 $0.00 $14.26 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Asphalt repair LOWES #02604* $131.57 $0.00 $131.57 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Safety gloves AMZN MKTP US*S92EK6EB $71.56 $0.00 $71.56 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Calendars STAPLES 00113654 $51.09 $0.00 $51.09 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Plastic bags for COVID tests SAFEWAY #119 $7.59 $0.00 $7.59 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Face masks AMZN MKTP US*131TU2VH3 $42.40 $0.00 $42.40 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Spray wand CHAMPION SPRAY SYSTEMS $211.79 $0.00 $211.79 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Storm drain grate N Valley Pk JENSEN PREC $527.57 $0.00 $527.57 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Safety glasses AMZN MKTP US*8089A1ZE $20.65 $0.00 $20.65 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Porta-potty rental HONEY BUCKET $1,851.54 $0.00 $1,851.54 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Storage for phone APPLE.COM/BILL $0.99 $0.00 $0.99 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Sprayer parts OUTDOOR SUPPLY CLAYTO $16.43 $0.00 $16.43 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Sprayer parts OUTDOOR SUPPLY CLAYTO $11.53 $0.00 $11.53 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 IT MSFT * E0200GW1AE $152.00 $0.00 $152.00 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 IT MSFT * E0200GW5OM $5.00 $0.00 $5.00 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 IT AMAZON WEB SERVICES $634.05 $0.00 $634.05 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Storage rent CENTRAL SELF STORAG $190.00 $0.00 $190.00 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 IT ZOOM.US 888-799-9666 $180.00 $0.00 $180.00 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 IT VZWRLSS*APOCC VISW $120.24 $0.00 $120.24 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 COVID testkits WWW.CVS.COM $65.18 $0.00 $65.18 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 IT ZOOM.US 888-799-9666 $14.99 $0.00 $14.99 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 COVID testkits AMZN MKTP US*BG79O7ZZ $391.00 $0.00 $391.00 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Lactation room sign SMARTSIGN $43.55 $0.00 $43.55 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 COVID testkits WWW.CVS.COM $156.53 $0.00 $156.53 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 COVID testkits WWW.CVS.COM $65.18 $0.00 $65.18 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 IT MSFT * E0200H8UPP $152.00 $0.00 $152.00 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 IT MSFT * E0200H8MOM $5.00 $0.00 $5.00 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Carwash 76 - PINE HOLLOW ENTERPRI $15.99 $0.00 $15.99 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 COVID testkits PAYPAL *CHENGDOULIN C $96.94 $0.00 $96.94 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 GFOA registration GOVERNMENT FINANC $190.00 $0.00 $190.00 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Monitor,webcam,cable AMZN MKTP US*RA7 $260.96 $0.00 $260.96 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 4 way sillcock key OUTDOOR SUPPLY CLAY $15.79 $0.00 $15.79 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Black face masks AMZN MKTP US*B45YR5ST $32.50 $0.00 $32.50 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 ID cards IMAGE SALES $77.17 $0.00 $77.17 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Monthly fees TLO TRANSUNION $75.00 $0.00 $75.00 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Webcams AMAZON.COM*5A7QN4TL3 $165.70 $0.00 $165.70 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Headphones AMZN MKTP US*QK9I15DP3 $69.56 $0.00 $69.56 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Postage USPS PO 0515960310 $8.55 $0.00 $8.55 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Headphone hardware OUTDOOR SUPPLY C $10.51 $0.00 $10.51 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Smog test CLAYTON TREAT AUTOMOTIV $79.75 $0.00 $79.75 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Porta-potty rental HONEY BUCKET $594.95 $0.00 $594.95 3/7/2022 City of Clayton Page 2
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CALCARD Obligations Stmt End 1/24/22
Vendor Name Due Date Date Invoice Number Invoice Description Balance Discount Expires On Net Amount Due Invoice Invoice Potential Discount
US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Office supplies OFFICE DEPOT #5125 $6.74 $0.00 $6.74 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Office supplies STAPLS7346983012000001 $74.29 $0.00 $74.29 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Training PAYPAL *POLICE RECO $250.00 $0.00 $250.00 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Training PAYPAL *POLICE RECO $250.00 $0.00 $250.00 US Bank CalCard 1/31/2022 1/24/2022 Stmt end 1-24-22 Training CALIFORNIA PEACE OFFICER $125.00 $0.00 $125.00 Totals for US Bank CalCard: $7,761.22 $0.00 $7,761.22
GRAND TOTALS: $7,761.22 $0.00 $7,761.22
3/7/2022 City of Clayton Page 1
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CALCARD Obligations Stmt End 2/22/22
Vendor Name Due Date Date Invoice Number Invoice Description Balance Discount Expires On Net Amount Due Invoice Invoice Potential Discount
US Bank CalCard
US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 iHealth COVID-19 Antigen R-AMZN MKTP U $129.18 $0.00 $129.18 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 ID card-IMAGE SALES $26.86 $0.00 $26.86 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Car Wash-76 - PINE HOLLOW ENTERPRI $15.99 $0.00 $15.99 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Car Wash-76 - PINE HOLLOW ENTERPRI $15.99 $0.00 $15.99 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Irrigation repairs-OUTDOOR SUPPLY CLAYTO $21.93 $0.00 $21.93 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 1 WROT CXC SLIP COUP-FERGUSON EN $301.81 $0.00 $301.81 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Dog Waste Can Liners - 200-AMZN MKTP U $173.98 $0.00 $173.98 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Roll Bags - Universal Pet-AMZN MKTP US*7T $97.86 $0.00 $97.86 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Ice Machine repair-COMMERCIAL APPLIANC $375.00 $0.00 $375.00 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Dogipot 1402HP-CASE Header-AMAZON.COM $88.22 $0.00 $88.22 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 The Grove Park restroom faucet repair-GENER $283.84 $0.00 $283.84 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 1 GAL SLIME SEALANT-AUTOZONE #33 $43.88 $0.00 $43.88 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Cell phone memory storage-APPLE.COM/BIL $0.99 $0.00 $0.99 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Ergo Equip CM office-247ERGO.COM $49.50 $0.00 $49.50 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Member dues-CCCEAC $95.00 $0.00 $95.00 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 iHealth COVID-19 Antigen R-AMZN MKTP U $391.00 $0.00 $391.00 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Employment posters, HR 2022-CAL CHAMBE $409.55 $0.00 $409.55 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Storage unit rent-CENTRAL SELF STORAG $208.00 $0.00 $208.00 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 IT-AMAZON WEB SERVICES $546.36 $0.00 $546.36 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Standard Pro Annual-ZOOM.US 888-799-966 $479.80 $0.00 $479.80 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 9255229137,PAUL JACOBSON-VZWRLSS*AP $120.24 $0.00 $120.24 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Standard Pro Monthly-ZOOM.US 888-799-966 $14.99 $0.00 $14.99 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Employee recognition-TST* JAMBA JUICE - $60.00 $0.00 $60.00 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Aire purifiers for Hoyer Hall-BLUEAIR INC $902.60 $0.00 $902.60 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Training-LIEBERTCASS $75.00 $0.00 $75.00 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Employee recognition-USPS.COM CLICKNSHI $16.10 $0.00 $16.10 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Car Wash-76 - PINE HOLLOW ENTERPRI $15.99 $0.00 $15.99 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 attendee registration-CALCITIES REGISTRATIO $625.00 $0.00 $625.00 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 1099 - e-filing-AATRIX SOFTWARE $75.62 $0.00 $75.62 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Application fee for FY21 Audit-GOVERNMEN $460.00 $0.00 $460.00 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Car Wash-76 - PINE HOLLOW ENTERPRI $15.99 $0.00 $15.99 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Office supplies-EASYKEYSCOM INC $18.31 $0.00 $18.31 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Car Wash-76 - PINE HOLLOW ENTERPRI $15.99 $0.00 $15.99 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Car Wash-76 - PINE HOLLOW ENTERPRI $15.99 $0.00 $15.99 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Monthly dues-TLO TRANSUNION $75.00 $0.00 $75.00 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Fkeet camera mounts-AXON $43.50 $0.00 $43.50 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Sch 40 PVC Tee 3 in. Socke-SITEONE LANDS $383.46 $0.00 $383.46 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 SIGN,METAL BASE,ENGRVD,2-OFFICE DE $36.95 $0.00 $36.95 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Office supplies-PAYPAL *POLICE RECO $259.00 $0.00 $259.00 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Office supplies-POLICE RECORDS MGMT $259.00 $0.00 $259.00 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 Office supplies-POLICE RECORDS MGMT $259.00 $0.00 $259.00 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 STAPLES 8.5X11 COPY CS-STAPLS734980 $60.78 $0.00 $60.78 3/7/2022 City of Clayton Page 2
Open Invoice Report
CALCARD Obligations Stmt End 2/22/22
Vendor Name Due Date Date Invoice Number Invoice Description Balance Discount Expires On Net Amount Due Invoice Invoice Potential Discount
US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 TONER,LJ,HP 508A,BLK ORG-OFFICE DE $90.19 $0.00 $90.19 US Bank CalCard 2/28/2022 2/22/2022 Stmt end 2-22-22 SIGN,METAL BASE,ENGRVD,2-OFFICE DE $17.39 $0.00 $17.39 Totals for US Bank CalCard: $7,670.83 $0.00 $7,670.83
GRAND TOTALS: $7,670.83 $0.00 $7,670.83
Payroll Totals
Payroll Checks Check Type Count Net Check Dir Dep Amount Net Amount Regular 26 0.00 64,215.16 64,215.16
Totals 26 0.00 64,215.16 64,215.16 ĺ 64,215.16
Payroll Checks Check Type Agency Type Count Net Check Dir Dep Amount Net Amount Agency EFSDU 1 0.00 9.23 9.23
Agency Regular 1 0.00 663.50 663.50
Totals 2 0.00 672.73 672.73 ĺ 672.73
Total Net Payroll Liability 0.00 64,887.89 64,887.89 ĺ 64,887.89 Tax Liability
CA and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount CA SDI - Employee Semi-Weekly 96,243.73 96,243.73
California SITW Semi-Weekly 93,088.97 93,088.97 4,813.45 Totals 4,813.45 0.00 ĺ 4,813.45
CASUI and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount CA Edu & Training 0.001000 Quarterly 96,243.73 3,035.71 3.04 California SUI 0.020000 Quarterly 96,243.73 3,035.71 60.71 Totals 0.00 63.75 ĺ 63.75
FITW and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount Federal Income Tax Semi-Weekly 93,088.97 93,088.97 13,104.32 Medicare Semi-Weekly 96,243.73 96,243.73 1,395.52
Medicare - Employer Semi-Weekly 96,243.73 96,243.73 1,395.53 Totals 14,499.84 1,395.53 ĺ 15,895.37
FUTA and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount Fed Unemployment Quarterly 96,243.73 3,035.71 18.21
Totals 0.00 18.21 ĺ 18.21
Total Tax Liability 19,313.29 1,477.49 ĺ 20,790.78
Total Payroll Liability 85,678.67 ĺ 85,678.67
Paylocity Corporation
(888) 873-8205
Run on 2/25/2022 at 2:12 PM
User: JGiantvalley
Payroll Summary
City of Clayton

Check Date: 02/25/2022
Pay Period: 02/07/2022 to 02/20/2022
Process: 2022022501
Billing
Invoice Date Gross Discount Tax Adjustment Amount
109790224 2/25/2022 477.50 477.50
Totals 477.50 0.00 477.50 ĺ 477.50
Transfers
Type Date Source Account Amount
Billing 2/25/2022 477.50
Dir Dep 2/24/2022 64,215.16
Tax 2/24/2022 20,790.78
Trust Agency 2/24/2022 672.73
Totals Transfers 86,156.17 ĺ 86,156.17
Tax Deposits
Required Tax Deposits Tax Due On Amount
( Deposit made by Service Bureau ) California SITW 3/2/2022 4,813.45 ( Deposit made by Service Bureau ) Federal Income Tax 3/2/2022 15,895.37 ( Deposit made by Service Bureau ) California SUI 5/2/2022 63.75 ( Deposit made by Service Bureau ) Fed Unemployment 5/2/2022 18.21 Total Tax Deposits 20,790.78
Paylocity Corporation
(888) 873-8205
Run on 2/25/2022 at 2:12 PM
User: JGiantvalley
Payroll Summary
City of Clayton

Check Date: 02/25/2022
Pay Period: 02/07/2022 to 02/20/2022
Process: 2022022501
Payroll Totals
Payroll Checks Check Type Count Net Check Dir Dep Amount Net Amount Regular 33 0.00 68,635.83 68,635.83
Regular 3 332.46 0.00 332.46
Totals 36 332.46 68,635.83 68,968.29 ĺ 68,968.29
Payroll Checks Check Type Agency Type Count Net Check Dir Dep Amount Net Amount Agency EFSDU 1 0.00 358.15 358.15
Agency Regular 1 0.00 663.50 663.50
Totals 2 0.00 1,021.65 1,021.65 ĺ 1,021.65
Total Net Payroll Liability 332.46 69,657.48 69,989.94 ĺ 69,989.94 Tax Liability
CA and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount CA SDI - Employee Semi-Weekly 102,874.87 102,874.87
California SITW Semi-Weekly 99,720.11 99,720.11 5,234.84 Totals 5,234.84 0.00 ĺ 5,234.84
CASUI and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount CA Edu & Training 0.001000 Quarterly 102,874.87 4,869.42 4.87 California SUI 0.020000 Quarterly 102,874.87 4,869.42 97.39 Totals 0.00 102.26 ĺ 102.26
FITW and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount Federal Income Tax Semi-Weekly 99,720.11 99,720.11 14,085.74 Medicare Semi-Weekly 102,874.87 102,874.87 1,491.70
Medicare - Employer Semi-Weekly 102,874.87 102,874.87 1,491.69 OASDI Semi-Weekly 2,950.00 2,950.00 182.90
OASDI - Employer Semi-Weekly 2,950.00 2,950.00 182.90
Totals 15,760.34 1,674.59 ĺ 17,434.93
FUTA and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount Fed Unemployment Quarterly 102,874.87 4,869.42 29.22
Totals 0.00 29.22 ĺ 29.22
Total Tax Liability 20,995.18 1,806.07 ĺ 22,801.25
Total Payroll Liability 92,791.19 ĺ 92,791.19
Paylocity Corporation
(888) 873-8205
Run on 3/9/2022 at 2:13 PM
User: JGiantvalley
Payroll Summary
City of Clayton

Check Date: 03/11/2022
Pay Period: 02/21/2022 to 03/06/2022
Process: 2022031101
Billing
Invoice Date Gross Discount Tax Adjustment Amount
Totals ĺ
Transfers
Type Date Source Account Amount
Dir Dep 3/10/2022 68,635.83
Tax 3/10/2022 22,801.25
Trust 3/10/2022 332.46
Trust Agency 3/10/2022 1,021.65
Totals Transfers 92,791.19 ĺ 92,791.19
Tax Deposits
Required Tax Deposits Tax Due On Amount
( Deposit made by Service Bureau ) California SITW 3/16/2022 5,234.84 ( Deposit made by Service Bureau ) Federal Income Tax 3/16/2022 17,434.93 ( Deposit made by Service Bureau ) California SUI 5/2/2022 102.26 ( Deposit made by Service Bureau ) Fed Unemployment 5/2/2022 29.22 Total Tax Deposits 22,801.25
Paylocity Corporation
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Payroll Summary
City of Clayton

Check Date: 03/11/2022
Pay Period: 02/21/2022 to 03/06/2022
Process: 2022031101
Agenda Item: 4(c)

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
DATE: March 15, 2022
SUBJECT: Adopt a Resolution of the City Council of the City of Clayton Allowing for Video and Teleconference Meetings during the COVID-19 State of Emergency Under AB 361
___________________________________________________________________________

RECOMMENDATION
Adopt a Resolution of the City Council allowing for video and teleconference meetings during the COVID-19 state of emergency under AB 361.

BACKGROUND
Last year, the State Legislature passed and Governor Newsom signed AB 361 which continues many of the provisions related to the Brown Act that were in place under Executive Orders, which expired September 30, 2021 that allowed for video and teleconferencing during the state of emergency. Since AB 361 has been signed into law, the City can continue to meet virtually until such time as the Governor declares the State of Emergency due to COVID-19 over and measures to promote social distancing are no longer recommended.

On September 20, 2021, February 2, 2022 and March 1, 2022, the Contra Costa County Health Officer issued recommendations for safely holding public meetings and strongly recommends on-line meetings. If in-person meetings need to occur, the County Health Officer recommends physical distancing of six feet of separation between all attendees. The proposed resolution provides that the City Council and all subsidiary City boards and commissions may continue to hold fully virtual video and teleconference meetings while the state of emergency is still in effect and physical distancing is recommended.

In order to continue to hold video and teleconference meetings, the City Council will need to review and make findings every thirty days that the state of emergency continues to directly impact the ability of the members to meet safely in person and that state or local officials continue to impose or recommend measures to promote physical distancing.

Subject: Resolution Allowing for Video and Teleconference Meetings during the COVID-19 State of Emergency Under AB 361
Date: March 15, 2022

FISCAL IMPACT
None.

Attachment:

Resolution of the City Council Allowing for Video and Teleconference Meetings during the COVID-19 State of Emergency Under AB 361
Resolution ##-2022 AB 361 March 15, 2022
RESOLUTION NO. ##-2022

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAYTON

ALLOWING FOR VIDEO AND TELECONFERENCE MEETINGS DURING THE COVID-19 STATE OF EMERGENCY UNDER AB 361
WHEREAS, on March 4, 2020, the Governor of the State of California proclaimed a State of Emergency for COVID-19;
WHEREAS, AB 361 was recently passed by the State Legislature and signed by Governor Newsom and went into effect immediately and allows the City to continue to meet virtually until such time as the Governor declares the State of Emergency due to COVID-19 over and measures to promote physical distancing are no longer recommended;
WHEREAS, on September 20, 2021, February 2, 2022 and March 1, 2022, the Contra Costa County Health Officer issued recommendations for safely holding public meetings and strongly recommends on-line meetings and if in person meetings occur then recommends physical distancing of six feet of separation and masking for all attendees;
WHEREAS, in light of this recommendation, the City Council desires for itself and for all other City legislatives bodies that are subject to the Brown Act to continue to meet via video and/or teleconference; and
WHEREAS, pursuant to AB 361 the City Council will review the findings required to be made every 30 days.

NOW THEREFORE BE IT RESOLVED the City Council hereby finds on behalf of itself and all other City legislative bodies: (1) a state of emergency has been proclaimed by the Governor; (2) the state of emergency continues to directly impact the ability of the City’s legislative bodies to meet safely in person; and (3) local officials continue to recommend measures to promote physical distancing.

BE IT FURTHER RESOLVED that the City Council and all other City legislative bodies will continue to meet via video and/or teleconference during the COVID-19 emergency.

PASSED AND ADOPTED by the Clayton City Council, State of California, on this 15th day of March 2022, by the following vote.

AYES:

NOES:

ABSENT:

Resolution ##-2022 AB 361 March 15, 2022
ABSTAIN:

THE CITY COUNCIL OF CLAYTON,
CA
Peter Cloven, Mayor
ATTEST:
_________________________________
Janet Calderon, City Clerk
Agenda Item: 4(d)
1 AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Dana Ayers, Community Development Director
DATE: March 15, 2022
SUBJECT: A Resolution of the City Council of the City of Clayton: 1) Identifying Various Facilities and Equipment Replacement and Installations for the Application to the California Department of Parks and Recreation’s Office of Grants and Local Services (OGAL), for Receipt of Grant Funds Pursuant to the Proposition 68 Recreational Infrastructure Revenue Enhancement (RIRE) Grant Program; 2) Establishing a Capital Improvement Project (CIP) for The Grove Facilities Enhancements (CIP 10455) in a Total Amount of $250,000; 3) Accepting and Appropriating to CIP 10455 $250,000 in Proposition 68 RIRE Grant Funds; and 4) Directing the City Managerto File a Notice of Exemption from the California Environmental Quality Act for the Project ___________________________________________________________________________

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

BACKGROUND
The RIRE grant funding program originates from Proposition 68, placed on the ballot via Senate Bill 5 (DeLeon, Chapter 852, statutes of 2017), and approved by California voters on June 5, 2018. Codified in part in Public Resources Code (PRC), Division 46, Senate Bill 5 authorized “issuance of bonds in the amount of $4 billion pursuant to the State General Obligation Bond Law to finance a drought, water, parks, climate, coastal protection, and outdoor access for all program.” Funds are provided through various programs, including the RIRE Grant Program.

Through the RIRE Program (PRC Section 80066), funds are available for a local agency that has obtained voter approval between November 1, 2012, through November 30, 2018, for revenue enhancement measures aimed at improving and enhancing local or regional park and recreational infrastructure. Funds are awarded proportionally based on the population of the voting area. A recipient of grant funds through the RIRE program is eligible to receive 2 of 3
funds based on a per person basis, with a minimum allocation of $250,000. No local match is required. Eligible projects exclude maintenance efforts but can include new and replacement recreational facilities, equipment and amenities installed within the grant performance period of July 1, 2019, through June 30, 2024.

On December 15, 2020, the City Council adopted Resolution No. 60-2020 authorizing the City Manager to file an application and to execute the grant agreement and other documents necessary to secure the Proposition 68 RIRE Program funds in the amount of $250,000. At the time of adoption of that resolution, no project had yet been identified for the Council’s consideration of application for the RIRE Program funds; however, the eligible grant expenditures funds are confined to a particular location. More specifically, because the recreational facility ballot measure passed by Clayton voters was for The Grove (City of Clayton Special Parcel Tax, Measure P, passed November 2014), improvements funded by the RIRE grant program must be located within that park.

ANALYSIS
Staff has identified various facilities in The Grove that are in need of replacement due to damage or wear. Staff has also identified upgrades to The Grove that would benefit event operations and security while reducing costs. These enhancements include:

1. Replacement of the resilient surface in the children’s play area;

2. Replacement of synthetic turf under the children’s statue;

3. Installation of new security cameras in the park (completed in 2021, but is eligible for reimbursement because it is within the grant performance period);

4. Replacement of roofs on the stage area gazebo, picnic gazebo, and restroom;

5. Replacement and installation of various new electrical elements, including but not limited to LED lighting, park signage uplights, wiring and related components, and additional power supply; and

6. Replacement of various plumbing fixtures such as drinking water fountains;

7. Replacement of some damaged or worn park furniture items (picnic tables and benches) and the restroom floor surface.

Staff has received estimates for some of the costs in the itemized list above and anticipates that the majority of the grant allocation would fund or reimburse the expenses in items 1 through 5. Any remaining funds would be used for the plumbing fixture, furniture and flooring replacements in listed items 6 and 7, as well as contingencies such as cost increases in the current pricing estimates. Staff time to manage the construction effort is also eligible for a portion of the grant allocation.

ENVIRONMENTAL
The Grove is an existing public park in the Clayton Town Center. Replacement of various facilities, equipment and amenities, as well as installation of new equipment components within the park would not increase the footprint of the facility nor result in a substantial change or expansion of its current use. The project is therefore exempt from the California Environmental Quality Act (CEQA) under Categorical Exemption Class 1 (Existing Facilities), Section 15301 of the State CEQA Guidelines.
3 of 3

FISCAL IMPACTS
The City’s RIRE allocation is $250,000, and no local match is required. The RIRE funds are paid as reimbursements, meaning that the City would front the expenses. Funds in The Grove Park Fund No. 211 currently exceed and would cover the full allocated grant amount.

Disbursements received from OGAL would be replaced in The Grove Park Fund No. 211, ensuring that funds remain available for large capital outlay costs (including eventual replacement of the children’s play structure) and other ongoing maintenance costs in coming years.

ATTACHMENT
Resolution
Resolution No. ##-2022 RIRE Grant Page 1 of 2 March 15, 2022 RESOLUTION NO. ##-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAYTON:
1) IDENTIFYING VARIOUS FACILITIES AND EQUIPMENT REPLACEMENT AND

INSTALLATIONS FOR THE APPLICATION TO THE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION’S OFFICE OF GRANTS AND LOCAL SERVICES, FOR RECEIPT OF GRANT FUNDS PURSUANT TO THE PROPOSITION 68 RECREATIONAL INFRASTRUCTURE REVENUE ENHANCEMENT (RIRE) GRANT PROGRAM; 2) ESTABLISHING A CAPITAL IMPROVEMENT PROJECT (CIP) FOR THE GROVE FACILITIES ENHANCEMENTS (CIP 10455) IN A TOTAL AMOUNT OF $250,000; 3) ACCEPTING AND APPROPRIATING TO CIP 10455 $250,000 IN PROPOSITION 68 RIRE GRANT FUNDS; AND 4) DIRECTING THE CITY MANAGER TO FILE A NOTICE OF

EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE

PROJECT

THE CITY COUNCIL
City of Clayton, California
WHEREAS, the RIRE grant funding program originates from Proposition 68, placed on the ballot via Senate Bill 5 (DeLeon, Chapter 852, statutes of 2017), and approved by California voters on June 5, 2018. Codified in part in Public Resources Code (PRC), Division 46, Senate Bill 5 authorized “issuance of bonds in the amount of $4 billion pursuant to the State General Obligation Bond Law to finance a drought, water, parks, climate, coastal protection, and outdoor access for all program;” and WHEREAS, funds are allocated through various programs, including the RIRE Program (PRC Section 80066), which makes grant funds available for a local agency that has obtained voter approval between November 1, 2012, through November 30, 2018, for revenue enhancement measures aimed at improving and enhancing local or regional park and recreational infrastructure; and
WHEREAS, over 81 percent of registered Clayton voters voted in favor of the City of Clayton Special Parcel Tax, Measure P, in November 2014, to fund improvements at The Grove; and
WHEREAS, the City of Clayton is eligible for up to $250,000 in grant funds through the Proposition 68 RIRE Program; and
WHEREAS, on December 15, 2020, the City Council adopted Resolution No. 60-2020 authorizing the City Manager to file an application and to execute the grant agreement and other documents necessary to secure the Proposition 68 RIRE Program grant funds; and
Resolution No. ##-2022 RIRE Grant Page 2 of 2 March 15, 2022 WHEREAS, there are various facilities in The Grove that are in need of replacement due to damage or wear, and there are various upgrades to The Grove that would benefit event operations and security while reducing costs, including but not limited to replacement play surfaces and structure roofs, new security cameras and new electrical components.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Clayton, California, does hereby:

1. Establish a Capital Improvement Project for The Grove Facilities Enhancements (CIP 10455; the “project”) in a total amount of $250,000; and

2. Accept and appropriate $250,000 in Proposition 68 RIRE Grant funds for CIP 10455; and

3. Direct the City Manager to file a Notice of Exemption from the California Environmental Quality Act for the project.

PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California, at a regular public meeting thereof held on the 15th day of March 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

THE CITY COUNCIL OF CLAYTON, CA
________________________________
Peter Cloven, Mayor
ATTEST:
________________________________
Janet Calderon, City Clerk
Agenda Item: 4(e)

STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: Laura Hoffmeister, Assist to the City Manager
DATE: March 15, 2022
SUBJECT: Establishing 2022/23 ERU Assessment Rate for Federal and State Mandated National Pollution Discharge Elimination System (NPDES) Program (Storm Water Pollution Prevention)

RECOMMENDATION
Staff recommends the City Council adopt the attached Resolution, Establishing the Rate Per Equivalent Run off Unit (ERU) for FY 2022/23 and requesting the Contra Costa County Flood Control and Water Conservation District to adopt an Annual Parcel Assessment for Drainage and Maintenance and the National Pollutant Discharge Elimination System (NPDES) Program, maintaining the current ERU Rate at $29.00 per single-family parcel.

BACKGROUND
The 1987 Reauthorization of the Federal Clean Water Act, as well as similar State legislation, required local agencies to obtain a NPDES Permit for discharging the contents of municipal storm drainage water conveyance systems. As implemented and enforced by the State through the Regional Water Quality Control Board (San Francisco Bay Area Region), this permitting effort is intended to improve water quality in the Delta and San Francisco Bay Estuary System, protect endangered species, and safeguard public waters and waterways for continued economic, recreation and health purposes. Stormwater runoff pollution has been identified as a significant impact on water quality and wildlife in the Bay Area by the State and Federal Governments.

During wet weather, large amounts of pollutants, such as oil and grease from automobiles, heavy metals from vehicle exhaust and brake pads, such as copper and lead, pesticides, herbicides and fertilizers from lawns and gardens, soil erosion, and biological material enter the storm drain system and ultimately empty, untreated, into creeks, waterways, the Delta and the Bay.

The City participates and obtained its joint NPDES permit from the SF Regional Water Quality Control Board via the Contra Costa Clean Water Program whose participants include the cities within the County, the County and the Flood Control District. The City of Clayton has participated since its inception in September 1993. The SF Regional Water Quality Control Board issued the 4th five-year permit in November 18, 2015, covering FY 2015/16 – 2019/20 plus extended one year to 2020/21. This permit, called the Municipal Regional Permit 2.0 (MRP 2.0), covers many counties and cities in the Bay Area. The MRP 2.0 permit allows the City and other jurisdictions to utilize the storm water drainage system for discharges into creeks that ultimately drain into the bay.

Subject: Establishing 2022/23 ERU Assessment Rate for Federal and State Mandated National Pollution Discharge Elimination System (NPDES) Program (Storm Water Pollution Prevention) Date: March 15, 2022

This joint participation allows for the program management and permit process costs to be kept to a minimum through economies of scale and local and regional collaboration, at a fraction of the cost of doing it alone. The program provides for a regional approach to stormwater pollution control, regional monitoring, public education and outreach, technical support and training, special studies and NPDES permit administration requirements.

As part of its permit conditions, Clayton is required to implement a comprehensive Stormwater Management Plan (SWMP). The SWMP includes public participation and inter-governmental coordination designed to reduce the discharge of pollutants into the storm drainage system to the maximum extent practicable through the required implementation of 500 plus Best Management Practices and other requirements (about 350 pages long with an annual report checklist that is 100 pages in length), or BMPs as they are commonly referred. For comparison: in 1993 first there were 12 BMPs, about 5 pages in length, all related to municipal maintenance activities such as drainage inlet cleaning and v-ditch cleaning. In 1997 there were 257 BMP’s covering 40 pages. In FY 2003/04 c3 amendments – an additional 75 pages were added to the permit by the Regional Board, requiring increased regulation and monitoring activities for development/construction controls, municipal maintenance, public education and outreach, illicit discharge and inspection, and documentation and reporting. In 2009 the document grew to 300 pages with 216 requirements). In 2016 the issuance of the new permit MRP 2.0 added more requirements emphasizing elimination of litter from waterways, retrofitting existing drainage inlets and systems to flow to bio planters or landscape areas, i.e.: “Green Infrastructure”. (The next permit is planned for issuance in 2021/22 and will likely contain even more unfunded mandates, especially related to accelerating Green Infrastructure projects, and addressing homelessness as it relates to potential impacts to surface drainage and waterways.

The cost of meeting the obligations of the increased requirements contained in the MRP 2.0 have been and are expected to continue to exceed City revenues received from the ERU. The annual preliminary estimated shortfall for FY2022/23 is expected to be $40,000 of which only a portion ($23,000) will be covered by the Stormwater Reserve Fund balance, leaving an estimated balance of $17,000 that would need to be made up from the General Fund reserve or Rainy Day Fund 110.

Although difficult to fully identify all future additional costs at this point, current compliance costs are estimated cost impacts to the City are projected to outpace revenues in FY 2022/23. Required by our current permit MRP 2.0 include more elimination of litter going into storm drains; more monitoring and reporting on our storm drain inlets trash capture devices (which capture litter before going to the creek), and “green infrastructure” which sets forth standards for cities to redirect their existing storm drainage water into landscape areas. In addition, reduction of PCB contained in caulk and joint compounds (structures built between 1950 and 1980) and having cities regulate certain demolition and tenant improvements similar to that now done for asbestos and lead paint for homes and businesses through the planning and building permit process is also required.

These last two allowed and exemption process under certain verifiable criteria. The City successfully applied and was the first Bay Area city able to receive this exemption. An additional unfunded mandate in the permit was the creation of a citywide Green Infrastructure Plan which was submitted to the SF Regional Water Board in October 2019. City Council designated the future project along a portion of Pine Hollow Road to comply with the permit requirements.

Subject: Establishing 2022/23 ERU Assessment Rate for Federal and State Mandated National Pollution Discharge Elimination System (NPDES) Program (Storm Water Pollution Prevention) Date: March 15, 2022

AUGMENTED FUNDING DENIED
When the program was originally established in 1993, the rate cap for the current parcel fee in Clayton was set by the City Council at $29/ERU. Because other members of the Clean Water Program also have the same issues (costs exceeding available revenue available from the ERU rate) a cost/revenue analysis was undertaken by the Contra Costa Clean Water Program to evaluate possible additional funding mechanisms for the added requirements of the MRP. The Clean Water Program attempted three times the pursuit of legislation to add stormwater to the definitions of other utilities such as sewer and water (as it relates to voting requirements for increased fees) and was not successful in receiving needed legislative support, and there is no support by the governor and his staff. It was after these state wide attempts were fruitless, our straining local funding and the continuing increased requirements by state regulating agencies that led to the 2012 Prop 218 property owner vote for a new parcel fee. The new second revenue measure did not pass. Local revenues for stormwater quality protection have been level since 2000—while compliance costs continue to increase. Additional state legislation is being pursued to establish a process to allow for future local voter consideration of new stormwater revenues.

However, in order to continue to receive the City’s existing current ERU rate of $29 per single family parcel (the same amount levied since FY1999/2000) it must be levied. Failure to levy this fee would result in the City need to consider use for all this program cost (apx. $175,000) from its General Fund, Rainy Day Fund 110, and/or a local city specific revenue measure since the regional Prop 218 measure did not receive sufficient voter support for passage.

DISCUSSION
Staff currently participates, as is required by the Program agreement and state permit, on the Clean Water Program's Development Construction Controls/Green Infrastructure Committee, Administration Committee, and Management Committee; and as needed in the Monitoring and Inspection Committee, and the GIS workgroup. City staff typically attends and participates in 4-5 meetings per month.

One of the largest components of the unfunded mandates was the trash load analysis and reduction program that cities had to undertake. This provision required cities to reduce their trash pollution load by 40% by 2014, and completely eliminate (100% reduction) by 2020. The City of Clayton installed 25 trash capture devices and has reduced its trash load to the 100% level at this time, about 5 years before the deadline. Clayton is one of only a few cities in Contra Costa County and the Bay Area that has met this goal ahead of the mandated deadline. The trash capture devices and their installation were covered through ABAG grants that the City Maintenance staff received. However, there were not any new funds to address the mandated studies and documentation that cities must file as part of its Annual Report to the State. They include mandatory maintenance items such as clearing of trash along specific areas of creeks and drainage inlets; the quantification of the materials collected; enforcement action (issuance of citations) to individuals for pollution runoff; creeks and waterways testing, mapping, monitoring and of all creeks and all outfalls to creeks, and specific on-going litter removal down to the size of a cigarette butt of litter on certain distance of creek segments and the cleaning of drainage inlets (we currently do public inlets only). The reporting format requires cities to use a computer data base for mapping, reporting and monitoring information and transmitting electronically to the SF Regional Water Board where they will post to a public accessible web site. The Clean Water Program is establishing a cloud-based GIS mapping project where we will have access to GIS data base, therefore at this time there is not a need to undertake an individual city effort to comply with this Subject: Establishing 2022/23 ERU Assessment Rate for Federal and State Mandated National Pollution Discharge Elimination System (NPDES) Program (Storm Water Pollution Prevention) Date: March 15, 2022

permit requirement. The MRP 2.0 permit also required increased and/or enhanced inspections to commercial businesses. The City contracts with Central Contra Costa Sanitary District to perform these inspections, as it has the special training needed to undertake and most of the businesses are restaurant businesses which it already periodically inspects. The permit also requires all maintenance staff and city contractors that apply herbicides, pesticides or fertilizers to be certified in Integrated Pest Management Practices (IPM), and Bay Friendly Certified, and for cities to have local IMP management plans and/or ordinances. The City has in the past obtained compliance by ensuring that one of its Maintenance Supervisors is trained. The City’s outside noxious weed abatement contractor (Envirotech) and building pesticide contractor (Western Exterminator) are all Bay Friendly Trained and Certified applicators.

Another on-going issue is litigation. Certain third-party interest groups have repeatedly brought legal action against the EPA, State and Regional Agencies, the cities, county, and our Clean Water Program. The focus is that the SF Regional Board issued permit did not mandate enough prescriptive requirements to ensure proper water quality, monitoring and reporting. These court actions have in the past increased costs for legal defense and added to the program requirement standards issued by the State, or as a result of judicial decisions. The Environmental organizations five years ago appealed with the State on the MRP 2.0. This appeal is currently on hold pending the issuance of MRP 3.0 which will then start a new opportunity for third-party interest group litigation. To minimize the potential future legal costs the group program costs have included encumbrances of some group Program funds for this appeal purpose. To date Save the Bay has been closely monitoring the current MRP 2.0 permit reporting data by cities and the MRP

3.0 new permit issuance process, and have increased their interest in Green Infrastructure.

Recent changes at the Federal level in the EPA will not lessen permit requirements or actions mandated to the cities as state legislation and through the voter approved State Clean Water Act, directed by the SF Regional Water Quality Control Board, are the governing authorities.

Overall, the City’s total costs are comprised of two components, one consisting of the pro rata share of group costs based upon population. The other is the management and maintenance activities undertaken by the City and its contracts with others for required activity implementation and monitoring and reporting. All program staff and permittees (cities and county) have been and continue to make strong efforts to control costs at the program level. However, funds for the MRP

2.0 permit, technical and legal work, education and outreach, implementation of programs to address recent pollutants of concerns (PCB, Mercury, Lead, Nickel etc.), ongoing trash load reduction management, green infrastructure analysis/implementation, enforcement compliance enforcement for construction site practices, and commercial operations, have increased these State unfunded mandate costs on cities and counties.

ASSESSMENT AND PROGRAM BUDGET
Due to the implementation by the Program of unfunded mandate permit requirements by the SF Regional Board, the Group’s Clean Water Program Budget for FY 2022/23 is approximately $4.2 million which is $500,000 above last year. The increase is related to anticipated new MRP 3.0 permit requirement program costs which will start in FY 2022/23. The Program revenues are $3.5 million, the same as the last several years, with the difference coming from the Program reserve fund. For the last few years and through 2024 increased costs were addressed by Program reserve carry over or encumbrances of this year’s funds to help reduce or smooth out increases; Subject: Establishing 2022/23 ERU Assessment Rate for Federal and State Mandated National Pollution Discharge Elimination System (NPDES) Program (Storm Water Pollution Prevention) Date: March 15, 2022

thus minimizing the impact (reduction) in return to source funds. It is expected that in 2024 there is no reserve available and with the additional permit requirements and associated costs with the SF Regional Water Board MRP 3.0 issuance, local return to source funds will decline.

For FY 2022/23 the City of Clayton's pro rata share of the Programs cost is .098%approximately ($34,179) which is $128 less than last year, however $3,107 more than four years ago. Future costs increases and lack of Program carry over funding in the future years will continue to result in less return to source funds to undertake the added local city permit requirements. At this time, it is expected the decrease in return to source funds is likely to continue into the future absent any other source of funding.

It is currently estimated that for FY 2022/23 the gross revenues from Clayton’s assessment will total approximately $127,690. Of this $34,179 is allocated to the Clean Water Program administration and group expenses; $3,800 to the County Auditor for costs related to assessment collection; $8,000 to the Sanitary District for commercial inspection, monitoring and municipal requested call out inspections; $3,000 to the District for fiscal and assessment area management, $3,000 for program reserve, and $10,000 for our annual state discharge permit fee. Thus, the remaining funds available to the City, for all other activities in FY 2022/23 are approximately $65,711 a decrease of $10,698 over this year. Approximately fifty-five percent of the City’s funds are directly spent on labor costs of maintenance activities required by the program, such as storm drain inspection and cleaning, creek clearing; responding to spill calls. The remaining is divided between equipment and materials; monitoring and inspection; and management and reporting. In FY 2020/21 budget adoption it was anticipated that the ending fund balance would be $1,333, with existing revenues insufficient to cover expenses starting in FY 2021/22. However, the actual FY 2020/21 ending fund balance was $49,063, and will be sufficient to cover anticipated expenses for FY 2021/22. For fiscal year 2022/23, it is preliminarily estimated that use of the entire remaining projected fund balance of $29,308 may be needed from the City’s Stormwater Reserve Fund (Fund 216), depleting the Stormwater Reserve Fund, and an additional need of $28,860. If additional revenues are needed, the City must consider use of its General Fund, General Fund Reserve, Rainy Day Fund 110. In future years, the City could consider a local city specific revenue measure since the regional Prop 218 measure did not receive enough support for passage. However, there may still be a shortage of revenue in this fund until such time as new dedicated funding is obtained. This possibility has been included in past reports and if additional funds are needed for FY 2022/23 or future FY shortfalls, it will be included as part of the City budget report and discussions with City Council as part of the budget process.

To continue the local revenue source necessary to fund the unfunded mandates by federal and state government regulations, the City annually authorizes the Contra Costa Board of Supervisors to direct the Contra Costa Flood Control and Water Conservation District to establish a storm water utility area for the City and to impose benefit assessments on all applicable parcels within the City of Clayton. This item is the annual consideration to request the local assessment levy which provides funding to the Federal and State Clean Water program mandates which the City must undertake and participate in according to Federal and State law. Staff recommends no increase to the rate for FY 2022/23; it will be the same rate as the last twenty-three fiscal years, which is $29.00 per ERU.

Subject: Establishing 2022/23 ERU Assessment Rate for Federal and State Mandated National Pollution Discharge Elimination System (NPDES) Program (Storm Water Pollution Prevention) Date: March 15, 2022

Since the City is not exceeding the current rate cap and not increasing the levy rate, the voter approval requirement of the Prop. 218 process does not apply. A single family detached dwelling is typically one ERU; homes on lots 20,000 sq. ft. or larger are allocated 1.7 ERU's; attached homes (e.g., townhomes and duets) are 0.7 ERU. This formula is the same throughout all Contra Costa communities and all cities and the County funds their NPDES costs through the ERU assessments.

FISCAL IMPACT
Although a Federal and State Mandated program, cities do not receive any revenues from the Federal and State governments to offset or cover the mandated requirements. Consequently, the Stormwater Utility Rate and Assessment areas were established in 1993 by the County and the Cities to develop a funding source to cover the costs of the Federal and State mandates.

The recommended assessment for FY 2022/23 is the same rate that is currently in place. Should the City not authorize the Flood Control District to establish and collect the annual assessments, the City still has the financial and legal responsibility to perform the Permit requirements but would not receive the approximately $127,690 generated by the annual assessment. Mandated activities would need funding from another source, such as the General Fund. Given the high level of commitment of the General Fund to other City programs and projects, prior state “takes” of local funds, loss of redevelopment funds, the prior “great recession” and the COVID-19 economic downturn, and fixed cost impacts to the General Fund, these NPDES costs, if paid for by the General Fund, would adversely impact other services and operations the City currently provides to the community. It must be noted here the Regional Water Quality Control Board and several case laws consistently declare clean storm water are of the utmost state priority and public agencies have been given the tools (i.e.: local taxing authority) to generate additional revenues for these purposes by garnering local voter approval to tax themselves more for this mandate.

Additional implementation measures such as those needed for monitoring and maintenance of new Stormwater facilities required under our mandated permit and installed as part of new construction within Clayton (C-3), have been addressed by the City Council to provide for methods that are self supported by the new development such as Benefit Assessment Districts or Homeowners Associations or combination thereof, or other approach that would not financially impact the city and its general funds. This Council-directed policy minimizes potential impacts to the under-funded Stormwater fund or the City’s General Fund for the permanent new development installed specific requirements to meet the new state regulations. However not covered by these are the general overall reporting, enforcement action and trash reduction action plans, commercial inspections, monitoring enhancements required by the regional board are reasons that the current assessment fee should be continued.

CONCLUSION
To continue the same revenue source required to fund the state mandated activities the City annually authorizes the Contra Costa Board of Supervisors to direct the Contra Costa Flood Control and Water Conservation District to impose annual benefit assessments on all applicable parcels within the City of Clayton. The attached Resolution would maintain the current Stormwater Utility Rate assessment of $29.00 per ERU for FY 2022/23.

Subject: Establishing 2022/23 ERU Assessment Rate for Federal and State Mandated National Pollution Discharge Elimination System (NPDES) Program (Storm Water Pollution Prevention) Date: March 15, 2022

Attachments:

1. Proposed ERU Resolution for FY 2022/23

2. Clean Water Program Budget costs and cost sharing formula FY 2022/23

3. Stormwater Fund 216 Budget Information

4. Stormwater Budget History and Forecast
ERU 22-23 ccsr
Attachment 1
Resolution ##-2022 ERU 22/23 2 March 15, 2022
RESOLUTION NO. ##-2022

A RESOLUTION ESTABLISHING THE RATE PER EQUIVILANT RUN-OFF UNIT (ERU) FOR FY 2022/23 AND REQUESTING THE CONTRA COSTA FLOOD

CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL

PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL

POLLUTANT DISCHARGE ELIMINATION SYSTEM

THE CITY COUNCIL
City of Clayton, California
WHEREAS, under the Federal Water Quality Act [33 U.S.C. Section 1342 (p)], certain municipal stormwater discharges require a permit from the appropriate federal or state authorities pursuant to the National Pollutant Discharge Elimination System (NPDES) program; and
WHEREAS, the City of Clayton, in conjunction with other affected jurisdictions within Contra Costa County, applied to the State Regional Water Quality Control Board and received a Joint NPDES Permit which requires the implementation of a Storm Water Management Plan and Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and
WHEREAS, Assembly Bill 2768 (West’s Water Code Appendix, Section 63-12 and 63-12.9) authorizes the Contra Costa County Flood Control and Water Conservation District (District) to establish Stormwater Utility Areas (SUA) and to levy annual benefit assessments for the purpose of carrying our activities required under the NPDES program; and
WHEREAS, it is the intent of the City to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and local drainage maintenance activities; and
WHEREAS, at the request of the City, the Contra Costa County Flood Control District and Water Conservation District (District) has completed the process for the formation of a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and
WHEREAS, the SUA and Program Group Costs payment agreement between the City and the District requires that the City of Clayton annually, by May 1, determine its rate to be assigned to a single ERU for the forthcoming fiscal year; and WHEREAS, the City Council adopted Resolution 9-93, which established the range of the annual assessment to be imposed by the District within the storm water utility area not to exceed $29 per ERU; and
Attachment 1
Resolution ##-2022 ERU 22/23 2 March 15, 2022
WHEREAS, the City of Clayton has operated at its maximum $29 per ERU rate since FY 1999/00 (the last twenty-three fiscal years) and this same rate is proposed again for FY 2022/23.

NOW, THEREFORE, BE IT RESOLVED the City Council of Clayton, California does hereby determine that its real property assessment rate to be assigned to a single ERU for FY 2022/23 shall be set and assessed at $29.00; and BE IT FURTHER RESOLVED, the City Council of Clayton, California, does hereby request the Contra Costa Flood Control and Water Conservation District to adopt the SUA levies in Clayton based on the above established rate.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Clayton, California at a regular public meeting of thereof held on March 15, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The City Council of Clayton, CA
________________________________
Peter Cloven, Mayor
ATTEST:
________________________________
Janet Calderon, City Clerk
I hereby certify that the foregoing resolution was duly and regularly passed by the City Council of the City of Clayton at a regular public meeting held on March 15, 2022. _______________________________
Janet Calderon, City Clerk
Reso erurate22-23
City/County/State January 1, 2021 January 1, 2022(1) Percent Prorata % of SUA Budget (3) Change Program (2) Allocation
CONTRA COSTA COUNTY 1,149,853 1,153,854 0.35% $ 3,500,000 ANTIOCH 112,236 112,848 0.55% 9.78% $ 342,303
BRENTWOOD 65,263 66,097 1.28% 5.73% $ 200,493
CLAYTON 11,290 11,268 -0.19% 0.98% $ 34,179
CONCORD 129,453 129,273 -0.14% 11.20% $ 392,125
DANVILLE 43,840 43,906 0.15% 3.81% $ 133,181
EL CERRITO 24,835 24,846 0.04% 2.15% $ 75,366
HERCULES 25,494 25,864 1.45% 2.24% $ 78,454
LAFAYETTE 25,321 25,358 0.15% 2.20% $ 76,919
MARTINEZ 36,946 36,827 -0.32% 3.19% $ 111,708
MORAGA 16,756 16,820 0.38% 1.46% $ 51,020
OAKLEY 42,268 42,895 1.48% 3.72% $ 130,114
ORINDA 18,984 19,078 0.50% 1.65% $ 57,870
PINOLE 19,390 19,369 -0.11% 1.68% $ 58,752
PITTSBURG 74,501 74,498 0.00% 6.46% $ 225,976
PLEASANT HILL 34,127 34,133 0.02% 2.96% $ 103,536
RICHMOND 110,288 110,130 -0.14% 9.54% $ 334,059
SAN PABLO 31,078 31,041 -0.12% 2.69% $ 94,157
SAN RAMON 83,376 83,863 0.58% 7.27% $ 254,383
WALNUT CREEK 70,592 71,317 1.03% 6.18% $ 216,327
UNINCORP. COUNTY 173,815 174,423 0.35% 15.12% $ 529,080 100.00% $ 3,500,000

1. Population estimate based on State of California Department of Finance (E-1) City/County projections- January 1, 2022.

Figures are updated in May of each year.

2. Percentages based on prorata of population.

3. SUA funds allocated for budget purposes, which by policy is set at $3.5M

GROUP COSTS METHODOLOGY & ALLOCATION
FOR FISCAL YEAR 2022/23

Attachment 2
Attachment 3
City of Clayton
Stormwater Fund 216
Proposed Budget 21-22
2019-20 2020-21 2020-21 2021-22
Account Account Actual Adopted Actual Adopted
Number Name Budget Budget
7111 Salaries/Regular 20,887 22,875 14,310 23,776
7112 Temporary Help - 2,906 578 2,635
7113 Overtime - - -
7218 LTD/STD Insurance 202 229 73 206
7220 PERS Retirement - Normal Cost 1,656 2,149 1,285 2,197 7221 PERS Retirement - Unfunded Liability 2,755 2,242 1,307 2,954 7231 Workers Comp Insurance 1,100 1,260 1,083 992
7232 Unemployment Insurance 13 224 - 526
7233 FICA Taxes 339 554 286 546
7246 Benefit Insurance 2,444 4,159 2,245 4,301
7311 General Supplies 123 4,000 2,551 1,000
7341 Building/Grounds Maintenance 1,200 15,200 24,349 1,200 7343 Vehicle Maintenance 1,827 2,000 712 2,000
7344 Vehicle Gas, Oil, and Supplies 818 2,000 720 2,000 7373 Education and Training - 500
7389 Misc. Expenses - -
7409 Street Sweeping Services 54,000 55,900 53,775 55,900 7411 Professional Services Retainer (Legal) - - -
7412 Engineering Services - 2,000 - 2,000
7419 Other Prof. Services 220 1,720 205 1,720
7435 Contract Seasonal Labor 18,482 15,000 14,938 6,000 7481 State Regional Annual Discharge Fee 8,539 10,000 8,992 9,000 7486 CERF Charges/Depreciation 4,700 4,700 4,700 4,700
7520 Project/Program Costs - Outreach - 500 - -
8101 Fund Admin - Transfer to GF 39,990 40,430 40,430 41,966 Total Expenditures 159,295 190,548 172,660 165,619
Stormwater Assessment ERU Gross 126,062 126,306 127,690 126,306 NPDES Group Program costs (34,801) (35,014) (34,397) (34,397) Commercial Insp by Central San (4,293) (8,000) (2,193) (8,000) Flood Control Dist Fiscal Mgmt Cost (689) (3,000) (700) (700) County Auditor/Controller Costs (3,726) (3,800) (1,000) (3,800) Mandatory Min. Reserve Withdrawl/(Deposit) (3,000) (3,000) (3,000) (3,000) Adjustment (Third Installment Timing) - - -
4602 Net Assessment Revenue 79,553 73,492 86,400 76,409 4603 Stormwater O & M Annual Fee 5,048 5,020 5,020 5,020 5324 Street Sweeping Fees 58,317 55,900 59,429 55,900
5601 Interest 738 1,000 1,000 600
5606 Unrealized Inv. Gain/Loss 724 - (398)
6007 Transfer from Landscape Maintenance Fund 1,090 1,130 1,130 1,130 Total Revenue 145,470 136,542 147,562 139,059
(Decrease) in Fund Balance (13,825) (54,006) (25,098) (26,560) Beginning Fund Balance 87,986 55,339 74,161 29,308
Ending Fund Balance 74,161 1,333 49,063 2,748
Note: ending fund balance actual for FY 21/22 was $20,000 higher than expected; however still insufficient for FY 22/23
Attachment 4
Fiscal Year 93/94 94/95 95/96 96/97 97/98 98/99
99/00
(rate
increase
from
$24.50 to
$29) New
Permit
00/01 01/02 02/03
03/04
C-3
permit
amend
04/05
05/06
New
Permit
06/07 07/08 08/09
9/10
New
Permit
MRP 1.0
10/11 11/12 12/13 13/14 14/15
15/16
New
Permit
MRP 2.0
16/17
with
program
reserve
offset
17/18 with
program
reserve
offset
18/19
with
program
reserve
offset
19/20
with
program
reserve
offset
20/21
with
program
reserve
offset
21/22
projected
with
program
reserve
offset
22/23
projected
New
Permit
MRP 3.0
actual City
of Clayton
total levy
73,716 82,956 90,644 93,993 97,994 104,851 125,196 129,522 129,737 131,915 ###### 129,420 126,362 ###### 126,843 127,055 ###### ###### ###### ###### ###### 124,144 ###### 126,328 126,279 126,306 126,062 127,690 127,690 127,690 net
availabe
for City's
NPDES
permit reqs 59,158 66,407 72,465 73,265 73,470 73,735 94,135 96,968 95,026 92,527 81,099 102,977 97,533 82,909 80,843 66,420 70,396 87,617 82,530 78,333 75,974 71,762 72,940 72,676 69,474 85,572 79,553 86,400 76,409 65,711 Aug 2004 Co audit
noted that parcel
count 4045 Sum
ERU 4523.87
131,192.20
Contra Costa Clean Water Program
City of Clayton ERU levy history
25,000
30,000
35,000
40,000
45,000
50,000
55,000
60,000
65,000
70,000
75,000
80,000
85,000
90,000
95,000
100,000
105,000
110,000
115,000
120,000
125,000
130,000
135,000
140,000
93/94 94/95 95/96 96/97 97/98 98/99 99/00 (rate
increase
from $24.50
to $29) New
Permit
00/01 01/02 02/03 03/04
C-3 permit
amend
04/05 05/06
New Permit
06/07 07/08 08/09 9/10
New Permit
MRP 1.0
10/11 11/12 12/13 13/14 14/15 15/16
New Permit
MRP 2.0
16/17
with
program
reserve
offset
17/18 with
program
reserve
offset
18/19 with
program
reserve
offset
19/20 with
program
reserve
offset
20/21 with
program
reserve
offset
21/22
projected
with
program
reserve
offset
22/23
projected
New Permit
MRP 3.0
actual City of Clayton total levy
net availabe for City's NPDES permit reqs
Agenda Item: 4(f)

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: Janet Calderon, City Clerk
DATE: March 15, 2022
SUBJECT: APPROVAL OF 2022 “CLASSIC CAR SHOW & DJ” WEDNESDAY

SERIES AT THE CITY PARKING LOT ON MAIN STREET
___________________________________________________________________________

RECOMMENDATION
By minute motion, approve the use of the City’s parking lot on Main Street for Councilmember Diaz’s proposed Wednesday Classic Car Show 2022 dates.

BACKGROUND
In 2012, a new “Concerts in The Grove” Thursday series began in The Grove Park located in downtown Clayton. In 2016, the “Concerts in The Grove” moved to Wednesday evenings and included a Classic Car Show. Although the Concerts in the Grove have moved to Saturday evenings, the Classic Car Show became popular in the Clayton community and Councilmember Diaz wishes to continue the coordination of this auto show and DJ. He requests the City’s permission for use again of the City parking lot on Main Street, at no cost.
2022 CONCERT SCHEDULE
Wednesdays from 6:00 p.m. to 8:00 p.m. in the City of Clayton Parking Lot at 6099 Main Street on the following dates:

June 22
July 6 & 20
August 3

FISCAL IMPACT
Use of the public parking lot is at no fee or City expense.

RECOMMENDATION
Approve the recommended concert dates.

Attachments: 1. Councilmember Diaz email

2. Wednesday Classic Car Show Schedule

Agenda Item: 5(a)
declaring
March 2022
as
“Red Cross Month”
WHEREAS; in times of crisis, people in the City of Clayton come together to care for one another.

This humanitarian spirit is part of the foundation of our community and is exemplified by American Red Cross volunteers and donors. March is American Red Cross Month, a special time to honor the kindness of our volunteers and neighbors who aid families in need every day as they carry out the organization’s 140-year mission of preventing and alleviating suffering; and; and WHEREAS; despite the ongoing challenges presented by the COVID-19 pandemic, people have stepped up to help others in need. Whether it was responding to this year’s record-breaking wildfires, horrific tornadoes, extreme winter storm cold waves or summer heat waves, volunteers continued to roll up their sleeves to give blood when our country faced a severe blood shortage; and WHEREAS; last year in Contra Costa County, 518 families affected by 130 devastating home fires, relied on the American Red Cross and our partners for comfort and hope, providing emotional support, addressing immediate needs and helping families recover with emergency financial assistance or community resources. Through our Sound the Alarm program we made 108 households safer by helping residents create a fire evacuation plan; and
WHEREAS; Contra Costa County residents donated 17,277 units of lifesaving blood; hosted 788 blood drives, including working several partner sponsored diverse blood drives to help the fight against Sickle Cell Anemia. 8,486 local community members took classes to learn skills like first aid and CPR that save lives; 910 military members and their families received support and services; and humanitarian aid was provided internationally; and
WHEREAS; Red Cross volunteers deployed 552 times, dedicating 61,930 volunteer hours to assist neighbors in California and around the country during 41 different disaster relief operations of all sizes, including wildfires in Oregon and California and Hurricane Ida; and WHEREAS; their work to prevent and alleviate human suffering is vital to strengthening our community’s resilience. We dedicate this month of March to all those who continue to advance the noble legacy of American Red Cross founder Clara Barton, who lived by her words, “You must never think of anything except the need, and how to meet it.” We ask others to join in this commitment to give back in our community.

NOW THEREFORE, I, Peter Cloven, Mayor, on behalf of the Clayton City Council, do hereby proclaim March 2022 as “Red Cross Month” in Clayton, California and encourage all Americans to support this organization and its noble humanitarian mission.

Agenda Item: 9(a)

STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: REINA SCHWARTZ, CITY MANAGER

KATHERINE KORSAK, FINANCE DIRECTOR
DATE: March 15, 2022
SUBJECT: ACCOUNTING ACTION PLAN TO CORRECT FY2020/21 AUDIT FINDINGS

RECOMMENDATION
Review and recommend preliminary accounting action plan to correct all the audit findings in the independent auditor’s report on internal control over financial reporting and compliance for FY2020/21. Action plan includes engagement with two outside services providers: NFP Accounting Technologies and Maze & Associates (within their governmental accounting services department).

BACKGROUND
Since 2019 there has been a significant amount of transition in key City management positions, including five City Managers, three Finance Directors, two City Engineers, and two different Community Development Directors. This has resulted in inconsistencies within the Administration Department and more specifically the Finance Department. One past Finance Director left at the end of FY2020/21 and an interim director came in to close the books for a year that they were unfamiliar with. The current Finance Director started after the FY2020/21 audit had already begun.

The Finance Department consists of one full time Finance Director, one 60% Accounting Technician and one 70% business administrative assistant/code enforcement officer. Additionally – the City Clerk also serves as the Human Resource Manager. Finance and Human Resources have many overlapping functions, including benefit administration, time and labor management, payroll, and managing time-off accruals. There is a need to assess each department’s role in financial functions so that these functions run smoothly and efficiently. With the very small staff, it is Subject: Accounting Action Plan to correct FY2020/21 Audit Findings Date: March 15, 2022
Page: 2 of 6
important to make good use of technology to decrease rework, increase transparency in our reporting to the public and ensure we have solid internal controls. Additionally, the accounting software, Blackbaud’s Financial Edge NXT, has had a longstanding issue with the bank reconciliation module. Past Finance Directors used an excel spreadsheet to reconcile outside of the system as a workaround. This method is not incorrect, it is just not a best practice and hinders automation of accounting processes and procedures for a clean monthly close within the accounting system.

DISCUSSION
This will begin by examining the overall Plan of Action to remedy the accounting processes and procedures. Next, we will restate the audit findings and the City’s Action Plan to Remedy each finding. Please note that the accounting services of Maze and Associates will be used as the primary support to these actions.

Overall Plan of Action and Preliminary Timeline

1. Review accounting records from July 2021 through current month for completeness, post all unposted transactions, and close the months that are still open. o Timeframe: this will start the week of March 7th and once it is started, we will get regular reports as to how long this will take. Optimistic time for completion is by end of April, 2022.

2. Work with Finance Director and software contractor (NFP Accounting Technologies) on developing a systematic process to close the books on a regular basis, including monthly, quarterly and annual procedures (define soft close, hard close, etc. within system capabilities). Work through the system issues with the bank reconciliation module.

o Timeframe: once item 1 is completed we should be able to define and implement this. We plan to start to be able to close in a timely manner by 1st quarter of FY2022/23, which would be end of October 2022.
o NFP Accounting Technologies has been able to identify that the bank reconciliation module is not working correctly. They are a preferred provider with Blackbaud Financial Edge NXT and have placed a service ticket in to rebuild the system to fix the current errors. We can still work in the accounting system and they will let us know when it is fixed. There should not be any data loss or downtime as they are working in a copy of our database file.

3. Develop regular monthly financial departmental reports for review and feedback from department heads prior to close.

Subject: Accounting Action Plan to correct FY2020/21 Audit Findings Date: March 15, 2022
Page: 3 of 6
o Timeframe: 1st quarter of FY2022/23, which would be beginning of October 2022.

This will need to happen before public facing reports are produced.

4. Develop regular quarterly financial reports for the City Council. o Timeframe: 1st quarter of FY2022/23, which would be end of October 2022, needs to occur after item 3 as departments need to be involved in this review process.

5. Identify all revenue and expense allocations that need to be made. o Timeframe: By end of April 2022, no later than July during fiscal year end close for FY2021/22.

6. Identify and define the notes payable and receivable in the system and define the journal entry requirements.
o Timeframe: By end of April 2022, no later than July during fiscal year end close for FY2021/22.

7. Analyze the projects and grants and develop a process for better tracking within the accounting system. Specifically - the Single Audit requirements for the APRA funds. o Timeframe: start by end of March 2022 as there is a deadline in April, 2022.

8. Assist in documentation of key processes / procedures to use for training and succession purposes.
o Have a working draft completed 1st Quarter FY2022/23.

Audit Findings and City’s Response
I. Audit Finding: Continuity of Personnel
In the past few years, the City has had significant transition in management, particularly with the Finance Director position. Since the beginning of the fiscal year ended June 30, 2021, the City has gone from a Finance Director of a year, to an interim Finance Director, and to a new Finance Director. With the change in management, some of the institutional knowledge and responsibilities that are essential for the smooth operation of the City have been lost. As a result, the audit noted a dozen general ledger accounts across multiple funds that were not properly closed which resulted in eight (8) material journal entries. We recommend that management consider developing a succession plan in the event the Finance Director is unable to perform their duties for a length of time due to illness, attrition, or any other reason. The succession plan should outline procedures to be implemented and a redistribution of responsibilities in the event of a temporary or permanent change. This plan will ensure that the organization will be able to conduct its operations in the orderly and efficient manner that has been the basic ingredient for its past success.

Subject: Accounting Action Plan to correct FY2020/21 Audit Findings Date: March 15, 2022
Page: 4 of 6
City’s Action Plan to Remedy:

Review and refine the Accounting Policies and Procedures Manual to ensure that what is in practice is what is defined in the manual. Document the systems so that in the event there is a future transition it would be smoother.

Maze and Associates will assist by providing backup in case there is ever a need for interim Financial Management.
o Timeframe: Complete by 1st Quarter FY2022/23.

II. Audit Finding: General Ledger Closing Procedures
The audit noted that monthly reconciliations and closings of books has not been happening which has resulted in additional hours to reconcile accounts (e.g. pooled cash) and to audit. We recommend that reconciling and closing procedures include locking the accounting records at quarter-end so that the records remain relevant and reliable.

City’s Action Plan to Remedy:

We plan to close the books for the FY2021/22 by end of September 2022. o Timeframe: We plan to close the books for the FY2021/22 by end of September 2022. Audit fieldwork can start in October 2022. We hope to have the audit completed by mid-December, 2022.

III. Audit Finding: Notes Receivable and Payable
The audit noted material journal entries to the balances of notes receivable and payable.

The accounting for these balances is complex because of the interfund relationships that occur with the balances. We recommend that management document and define the reoccurring and required entries to record the movement of funds to and from outside sources and between City funds.

City’s Action Plan to Remedy:

We plan to review and identify all bonds and related notes payable including all transactions associated with the Clayton Financing Authority and the Redevelopment Successor Agency. o Timeframe: By end of April 2022, no later than July during fiscal year end close for FY2021/22. Refer to Plan of Action item 2.

Subject: Accounting Action Plan to correct FY2020/21 Audit Findings Date: March 15, 2022
Page: 5 of 6
IV. Audit Finding: Fixed Asset Module
The audit noted that capital expenditures had not been properly captured in the fixed asset module. In addition, the balances in the fixed asset module were not reconciled with the general ledger. We recommend that a reconciliation between the fixed asset module and the general ledger be made during the closing of books.

City’s Action Plan to Remedy:

We will create a plan to record new capital assets in the period in which they are acquired.

The accounting system has some quirks in the capital asset module. One has to record in the database view for the new assets to show up on the general ledger, rather than the NXT view.

We will well document this process and it will remedy this finding. o Timeframe: Implemented by the end of April 2022. We will look at the capital assets policy and may revise it.

V. Audit Finding IT Review:

During the year the City’s accounts were compromised and unauthorized funds were withdrawn. Many frauds in government are the result of phishing and stealing of IDs and passwords. We recommend that the City review and improve IT safeguards, procedures, and policies. Examples of IT improvements should include at a minimum:
- periodic required password updates
- remote access safeguards
- network access safeguards
- mobile device restrictions
City’s Action Plan to Remedy:

To clarify, this was outside bank fraud and in the amount of $45,790.98. It was reported to Bank of America three days after the current Finance Director started, October 7, 2021 (three days after it occurred). A perpetrator got the City’s banking information including the routing and account number and created fraudulent checks and processed fraudulent ACH transactions. A police report was filed and they have performed investigations. The City has done everything it possibly could to try to recover the above funds from Bank of America. Bank of America refuses to take responsibility for the loss. The City filed an insurance claim with the City’s crime policy, it was approved and the funds have been received in the amount of $43,290.98, deposited on 2/28/2022. There is a $2,500 insurance deductible, therefore, $2,500 is the extent of the loss.

We have implemented positive pay and ACH blocks, which define ACH vendors and place transactional limits to help preclude this type of fraud in the future.

Subject: Accounting Action Plan to correct FY2020/21 Audit Findings Date: March 15, 2022
Page: 6 of 6
We are receiving proposals for an IT audit with a few providers, including Charles River and Associates and Rubiconn. Based on those proposals, the City should have a better idea of the scope of review that will be most effective and efficient.

Timeline:

Within the next month we will have a clearer idea of how to approach the IT audit and how best to remediate the audit findings. We will keep the committee informed of the progress of this item.

FISCAL IMPACT
Undetermined at this point. We will report back once we have a clearer estimate of the total amount needed to remedy all of the above. We are recommending that the committee recommends to the City Council to appropriate American Rescue Plan Act funds for all of the below (once more refined cost estimates are available), as all of the issues identified in the audit were certainly exacerbated by the COVID-19 pandemic and the increase in turnover, remote work, and increase in cybercrime.

Maze and Associates rates are below:

Staff Level Hourly Rates
Range
Base Not to Exceed
Partner $ 260.00
Manager $ 192.00 $ 215.00
Supervisor $ 135.00 $ 161.00
Senior Associate $ 120.00
Associate $ 99.00
Rates are billed in ¼ of an hour increments. The fees and costs for work will be billed monthly. The hourly rate stated covers all expenses including mileage reimbursement. No travel time will be included in the billing. Invoices will be paid every 30 days and the City understands there is a 1.0% per month charge for late invoices. It is hoped that the total for assistance from Maze and Associates will be less than $30,000.

NFP Accounting Technologies: we signed an initial agreement for 4 hours of service at $150 per hour for a total of $600 to determine the cost of the total project. NFP Accounting Technologies has identified where the issue is and is working with Blackbaud. They will be getting back to us as to what the total cost estimate will be.

IT audit proposal: Undetermined at this time, but could be $10,000-$20,000 for the initial work. [Type here] Agenda Item: 9(b)

STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: REINA SCHWARTZ, CITY MANAGER

KATHERINE KORSAK, FINANCE DIRECTOR
DATE: March 15, 2022
SUBJECT: Adopt a Resolution Appropriating American Rescue Plan Act (ARPA) funds for the Purchase and Implementation of the ClearGov Budget and Performance Management Software Platform

RECOMMENDATION
Adopt a Resolution appropriating American Rescue Plan Act (ARPA) funds for the purchase and implementation of the ClearGov Budget and Performance Management software platform.

BACKGROUND
In the past, the City’s annual budget has been developed by hand using Microsoft Word and Excel spreadsheets. The process is entirely manual and creates a lot of additional rework for everyone involved in the budget development process. The current process also makes budget changes difficult and inhibits true interdepartmental collaboration. ClearGov, a budget module made specifically for local governments, will allow for significant increases in efficiencies, including the ability to work on the budget from any location in a remote environment (if needed due to the COVID19 pandemic or other emergency). With our small administrative and finance staff we need to use technology to our advantage. The use of ClearGov will encourage collaboration between departments, the City Council and oversight committees. The single best aspect of this software is the increased transparency that it will afford to allow for greater public discussion and input about where Clayton is spending tax its dollars.

DISCUSSION
Taken from the Clear Gov Proposal that is attached:

Why Does Clayton need to invest in ClearGov?
Subject: Resolution Appropriating ARPA Funds for Purchase and Implementation of ClearGov Date: March 15, 2022
Page: 2 of 4

1. Improve accuracy: Nearly 9 out of 10 spreadsheets contain errors. Finding those mistakes and fixing them can be frustrating and wastes precious time. But ClearGov is cloud-based, so everybody works on the same error-free master file vs. a multiple spreadsheet monster that has to be managed and merged manually.

2. Collaborate more effectively: ClearGov allows everyone involved to work from the same platform, share comments and suggestions, and immediately see the impact across the organization — in real time — as budget development unfolds.

3. Free up time and resources: Preparing the annual budget consumes a big chunk of your time, but it's not the only thing you do. Modernizing your budgeting process will free up your time and talent to focus on other critical projects as well.

4. Make better budgeting decisions: ClearGov’s dynamic, graphical interface helps you clearly visualize historical trends — at a glance — so you can readily identify areas that are consistently under or over budget and make adjustments accordingly.

5. Plan for the long term: Access to an AI-driven forecasting tool enables you to better assess how budget decisions made today will impact revenues and expenditures down the road.

Create multiple forecasts to better plan for “best case” or “worst case” scenarios.

6. Identify areas of potential overspend/prevent waste: With instant, easy access to benchmarking data, you can uncover areas for savings quickly and adjust your budget accordingly.

The annual budget book is the City of Clayton’s most important, public-facing policy document. It guides the operations and financial well-being of the City. It needs to be easy-to-understand and accessible to as many residents as possible. And, ideally, it needs to be easy and efficient to produce on the backend.

ClearGov Digital Budget Book is the industry’s first website-based solution that automates most of the budget book creation process using templates and data-driven charts and tables. It meets the Government Finance Officer Associations (GFOA) award criteria and delivers new levels of clarity, engagement, transparency and understanding for the citizens of Clayton. If purchased and implemented the City of Clayton would most definitely apply for the GFOA Budget Award.

The transparency module transforms complex government financials into easy-to-understand infographics. It publishes fiscal information in a way that drives understanding and support. This includes simple but powerful tools that enable the City to offer residents a window into capital projects and department performance. This also includes a very easy to use digital checkbook that will make finding transactions very simple and transparent for our citizens; much more so than the current production of Financial Obligation reports for the Council’s action.

Subject: Resolution Appropriating ARPA Funds for Purchase and Implementation of ClearGov Date: March 15, 2022
Page: 3 of 4

FISCAL IMPACT
The total investment in ClearGov is $16,500 per year for a total of $49,500 for a three-year contract.

It is recommended that the City uses American Rescue Plan Act monies to fund this expense.

Attachments:

1. ClearGov Proposal

2. ClearGov Sole Source Letter

3. List of examples of local jurisdictions using ClearGov - with links

ATTACHMENT
Resolution No. ##-2022 ARPA ClearGov Page 1 of 2 March 15, 2022 RESOLUTION NO. ##-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAYTON

APPROPRIATING AMERICAN RESCUE PLAN ACT FUNDS FOR PURCHASE AND

IMPLEMENTATION OF THE CLEARGOV BUDGET AND PERFORMANCE

MANAGEMENT SOFTWARE PLATFORM

THE CITY COUNCIL
City of Clayton, California
WHEREAS, fiscal management and accountability are critical foundations for the City of Clayton;
WHEREAS, ClearGov provides unique proprietary budgeting and fiscal transparency solutions for local governments;
WHEREAS, the City of Clayton has the desire to improve fiscal management, oversight, collaboration and transparency;
WHEREAS, the City of Clayton currently prepares and manages its budget using multiple documents requiring manual entry that can be time consuming and prone to error; and
WHEREAS, projects to increase transparency and allow for more remote capabilities for collaboration and community engagement are eligible uses of American Rescue Plan Act (ARPA) funds.

NOW, THEREFORE, BE IT RESOLVED the City Council of Clayton, California does hereby:

1. Authorize the purchase of a three-year subscription of the ClearGov Budgeting and Performance Management Software Platform for a total amount of $49,500 ($16,500 per year); and

2. Appropriate American Rescue Plan Act funds to make this purchase.

PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California held on the 15th day of March, 2022 by the following vote:

AYES:

NOES:

ATTACHMENT
Resolution No. ##-2022 ARPA ClearGov Page 2 of 2 March 15, 2022 ABSTAIN:

ABSENT:

THE CITY COUNCIL OF CLAYTON, CA
________________________________
Peter Cloven, Mayor
ATTEST:
____________________________
Janet Calderon, City Clerk

PREPARED ON
March 3, 2022

PREPARED FOR
Katherine Korsak
Finance Director
City of Clayton

PREPARED BY
Ryan Wilson
ClearGov, Inc.
[email protected]
(901) 937-9735
ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 1 of 42

OUR MISSION
We Create Easy-to-Use Software
to Help Governments Budget Better
ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 2 of 42 March 3, 2022
Katherine Korsak
Finance Director
City of Clayton
6000 Heritage Trail
Clayton, CA 94517
Dear Katherine,
Per our discussions, I am pleased to provide you and your team at Clayton with the attached software proposal for your consideration
Our mission at ClearGov is to create easy-to-use, modern software to help governments budget better.

We make it easy for governments like yours to operate more efficiently and communicate more effectively. Our solutions are easy to afford, implement, and use. They don't cause a lot of upheaval, and they don't force you to reinvent the wheel. ClearGov solutions are designed to be just right for local governments like Clayton.

We fully appreciate the demands on your time, so I’d like to thank you in advance for the time that you and your team will spend reviewing this proposal. If you have any questions or need additional information of any kind, please do not hesitate to ask.

I am confident that you and your team will be impressed by the ClearGov solutions and even more impressed by how hard we will work to make you happy.

We look forward to working with you.

Sincerely yours,
Ryan Wilson
ClearGov, Inc.
[email protected]
(901) 937-9735
ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 3 of 42 EXECUTIVE SUMMARY 6
BUDGET CYCLE MANAGEMENT OVERVIEW 10
INVESTMENT 27
PRODUCT SCOPE 28
PROJECT MANAGEMENT 31
ONBOARDING 33
TRAINING & SUPPORT 38
SECURITY OVERVIEW 40
FAQs 41
ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 4 of 42

EXECUTIVE SUMMARY
Mission
ClearGov’s mission is to create easy-to-use, modern software that helps local governments budget better. We believe that every local government should have the opportunity to leverage technology to operate more efficiently and communicate more effectively. We pursue this mission by carefully designing solutions that are clear, collaborative, compelling and cost-effective to fuel better budgeting and drive community support.

Solutions Overview
Based on our conversations with Clayton and our understanding of your key needs and objectives, we are proposing the following ClearGov solutions:

ClearGov Operational Budgeting
● A robust, yet simple-to-use budgeting and forecasting tool that is specifically tailored to the needs of local governments
● Enables finance teams to easily collaborate in real time ● Eliminates spreadsheet errors
● Automatically generates long-term forecasts
● Streamlines the entire budget-building process
ClearGov Digital Budget Book
● The easiest and fastest way to build an award-winning budget book ● Automatically generates a professionally formatted template that’s pre-populated with your financials, capital request data, charts, and more
● Let’s you and your team work collaboratively to fill in the details ● Built to GFOA guidelines, optimized to ADA standards and designed to be mobile-friendly ClearGov Personnel Budgeting
● A filterable personnel dashboard provides a birds-eye view of your headcount budget and enables you to visually compare unlimited personnel budgeting scenarios ● Automated workflows streamline position and reclassification requests ● Create salary and benefits plans for up to 20 years
● Analyze the effects of salary/benefit adjustments for more informed union negotiations ● Create and export custom reports to share your personnel budget internally and externally ClearGov Capital Budgeting
● Utilize built-in templates to easily create customized capital request forms ● Automated workflows collect, organize and present capital requests in an intuitive dashboard with the ability to filter by department, funding source, request type and more ● Create unlimited multi-year scenario plans to optimize capital utilization ● Score and rank capital requests based on custom criteria to prioritize requests ● Includes a robust capital improvement portal to communicate projects internally and externally ClearGov Transparency
● Transforms complex government financials into easy-to-understand infographics ● Publishes fiscal information in a uniquely compelling way that drives understanding and support throughout your community
● Includes simple but powerful tools that enable you to offer residents a window into capital projects and department performance
ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 5 of 42 Investment
ClearGov offers solutions that are affordable for local governments of all shapes and sizes. A summary of your investment in the ClearGov Solutions proposed herein includes:

Setup Service Fees (One time investment)
Setup Fee: Includes - Full activation and setup; Data
onboarding; Client training
$3,600
Setup Discount: If signed by March 31, 2022 ($3,600)
Total Setup Service Fees $0 - Waived
Annual Subscription Service Fees (Annual investment)
ClearGov Operational Budgeting $8,300
ClearGov Personnel Budgeting $8,300
ClearGov Capital Budgeting $4,700
ClearGov Digital Budget Book $4,700
ClearGov Transparency $4,100
Bundle Discount ($13,600)
Total Annual Subscription Service Fees $16,500
See the Investment Section below for full details on setup fees and annual subscriptions.

Implementation Plan
While implementing ClearGov’s accessible solutions is designed to be a straightforward process, we offer dedicated Client Success resources to help you get up and running quickly and efficiently. A comprehensive implementation plan is described in more detail later in this proposal. Here are the highlights:

Project Management
● ClearGov will assign you a dedicated Client Success Manager (CSM) to coordinate, lead, and manage the entire setup process as well as provide ongoing support. A ClearGov Data Onboarding Consultant will facilitate the onboarding of your data with the ClearGov platform.

They will work side-by-side with key members of your team to get you up and running as quickly as possible.

Data Onboarding Scope of Work
● ClearGov will handle importing, onboarding, and mapping of your financial data. In short, we’ll take your raw revenue and expenditure information, format it, and upload it to the ClearGov platform so it is consistent with your chart of accounts. The only thing you have to do is supply the data, which generally involves running a few simple reports from your existing accounting system and review/confirm the results. We’ll walk you through the process.

Onboarding Process & Timeline
● See below for a step-by-step review of our process, which we have successfully deployed with hundreds of local government customers. The heavy lifting is on us, and you should only need ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 6 of 42 to spend a few hours here and there over the course of a handful of weeks, depending upon the volume/complexity of your data as well as ClearGov client backlog.

Training and Support
● ClearGov provides all the training and support you need throughout implementation and for as long as you’re a ClearGov customer. You will also have access to a frequently updated library of online resources and best practices to help you achieve the best outcomes.

Conclusion
In the pages that follow, we’ll explain how and why ClearGov solutions not only offer the best value for Clayton, but also make your day-to-day operations more efficient, productive, and impactful.

ClearGov is committed to helping local governments like yours “make democracy work better”. And while that may sound lofty, “democracy” is simply what you do every day. We just want to help you do it in a modern, data-driven way — a way that makes your job easier, lightens your load, showcases all the good work that you do, and ultimately helps you better serve your community.

ClearGov already works with hundreds of local governments across the country, and we’d be delighted to welcome Clayton into the fold. If you have questions or concerns as you review this proposal, please do not hesitate to reach out. Thank you for your consideration.

ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 7 of 42

BUDGET CYCLE MANAGEMENT OVERVIEW
We know that you’re working hard to make your government run better, and you know that technology can help you get it done. Unfortunately, most of the gov-tech software on the market right now is designed for sprawling megacities or state and federal government — not local agencies like yours. So, these platforms are often complicated, expensive, and loaded with bells and whistles that you’ll never use. You don’t need a chainsaw to carve a turkey. You simply need the right tool for the job.

ClearGov is built from the ground up specifically for local governments. It does everything you need it to do. It’s just-right software for agencies that are looking to take that critical next step toward modernizing their budget process. Therefore, all ClearGov solutions are:

CLEAR AND EASY TO USE
At ClearGov, everything we do is designed to make complex government data easy to understand and easy to use, internally and by the public at large. We present data in readily-understood infographic form, and offer an interface for our internal tools that’s easy for every staff member to learn and use.

CLOUD-BASED
Web-based software requires no installation, no maintenance and is always up-to-date. Plus, it gives Local governments the ability to quickly adjust to evolving input and changing dynamics. We host our software and our data with Amazon Web Services, which ensures data security and world-class software performance.

CONNECTED
All ClearGov solutions share a common data set and work together seamlessly. Plus, when you’re ready to implement, we do all the heavy lifting for you. To get started, all you have to do is send us an Excel file with your financial data, and we’ll onboard it for you.

COLLABORATIVE
ClearGov solutions are designed to improve collaboration and efficiency by automating processes and outcomes. Streamlining the collaborative process is vital to prevent key items from falling through the cracks. Centralization and remote access to documents, systems and processes is mission-critical.

COST EFFECTIVE
ClearGov is built and priced for local governments and school districts. Our packages are all-inclusive, so you’ll never be charged extra for per-seat licenses, never be surprised with hidden fees, and never pay for support or product updates...never.

Our goal is to delight our customers with unbeatable value in everything we do.

ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 8 of 42 Budget Better Together
ClearGov Operational Budgeting is a suite of
flexible, cloud-based budgeting and forecasting
and benchmarking modules designed to leverage
your existing financial data into a more efficient
and collaborative budget building process that
streamlines communication with department
heads and other budget stakeholders.

It is a one-stop shop to dynamically forecast what-if
scenarios, build a budget and communicate
budgeting rationale. Designed specifically for local
governments and school districts, ClearGov
Operational Budgeting is a giant step forward from
building your budgets and forecasts with Excel or
the legacy accounting system budgeting tools.

Watch a 5 minute micro-demo here
✔ Budget Dashboard ✔ Departmental Collaboration
✔ AI Driven Forecasting ✔ Centralized Communication
✔ Automated Audit Trail ✔ Integrated Report Builder
✔ Budget to Actuals Charts ✔ Peer Benchmarking
✔ Unlimited Budgets ✔ And more...

ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 9 of 42 Budget Builder
ClearGov’s Budget Builder helps your staff budget
better, together. Using a single, shared online
workspace, financial executives, committee members,
and department heads can collaborate on building a
budget using an efficient tool that’s been designed
specifically to meet the budgeting needs of local
governments.
● Choose your baseline: Base your budget on
last year’s data, on a simple-to-generate
budget forecast (see below) or use zero-based
budgeting.
● Collaborate effectively: ClearGov Budgets makes it easy to manage, merge, track and review budget requests and changes as a team, every step of the way. ● Create unlimited budgets: Create multiple budgets every year across different funds or for the same fund. You can even build out what-if scenarios.
● Add notes and supporting material: Comments and supporting documents are easily attached directly to line items so they are readily available for reference. ● Keep a thorough audit trail: Automatically track every change, comment, and version so you always know who changed what and when.
● Build custom reports with a click: Easily create and export custom reports to share your operational budget with internal and external stakeholders and existing systems. ● Operational Budget Dashboard: Quickly see and share the status of your budget-building process. Filter on current and historical financial data. Automatically aggregate all budget requests in one place.

Forecasting
With ClearGov’s sophisticated yet easy-to-use
Forecasting tool, you can generate AI-driven
budget forecasts for up to ten years forward. The
more historical data you provide the more accurate
your forecast will be.
● Create unlimited forecasts: Create
projections for every year or every fund.

And, create multiple what-if scenarios.
● Customize your forecast: Easily override
forecast figures. All changes automatically roll up to the parent categories. ● Generate a baseline budget: Generate a quick, one-click revenue and/or expense forecast to use as a baseline to build next year's budget.

ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 10 of 42 Benchmarking
The ClearGov Benchmarking module lets you compare
any budget category against a relevant set of peer
communities — not just ClearGov clients, but everyone
in your state — to help drive better budgeting
decisions and outcomes.
● Peer groups: Instantly create side-by-side
spending and funding comparisons vs.
relevant peers based on size, area, average
income, and other criteria.
● Dynamic graphs: Easily visualize metrics to identify opportunities to be more efficient with your spend.

Why does Clayton need this?
● Improve accuracy: Nearly 9 out of 10 spreadsheets contain errors. Finding those mistakes and fixing them can be frustrating and wastes precious time. But ClearGov is cloud-based, so everybody works on the same error-free master file vs. a multiple spreadsheet monster that has to be managed and merged manually.
● Collaborate more effectively: ClearGov allows everyone involved to work from the same platform, share comments and suggestions, and immediately see the impact across the organization — in real time — as budget development unfolds. ● Free up time and resources: Preparing the annual budget consumes a big chunk of your time, but it's not the only thing you do. Modernizing your budgeting process will free up your time and talent to focus on other critical projects as well. ● Make better budgeting decisions: ClearGov’s dynamic, graphical interface helps you clearly visualize historical trends — at a glance — so you can readily identify areas that are consistently under or over budget and make adjustments accordingly.
● Plan for the long term: Access to an AI-driven forecasting tool enables you to better assess how budget decisions made today will impact revenues and expenditures down the road. Create multiple forecasts to better plan for “best case” or “worst case” scenarios. ● Identify areas of potential overspend/prevent waste: With instant, easy access to benchmarking data, you can uncover areas for savings quickly and adjust your budget accordingly.

ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 11 of 42 Modern Personnel Planning
Chances are that people represent the biggest
chunk of your annual budget, and it’s also the most
complicated. ClearGov’s Personnel Budgeting
solution enables you to throw away those massive
spreadsheets that you’ve been managing by hand
and streamlines the entire personnel planning and
forecasting process in a single, cloud-based,
collaborative solution.

Complete with powerful tools to manage position
requests, inform union negotiations and much
more, ClearGov’s Personnel Budgeting application is
a unique software platform built specifically to help
finance directors more easily budget for salaries,
benefits and other personnel costs.

Watch a 5 minute micro-demo here
✔ Personnel Dashboard ✔ Union Negotiation Planning
✔ Position Request Manager ✔ Multi-year Position Budgeting ✔ Vacancy Planning ✔ Integrated Report Builder
✔ Unlimited Scenario Planning ✔ And more...

ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 12 of 42 Personnel Request Manager
The ClearGov Personnel Budgeting solution enables you
to quickly and easily setup and organize your personnel data, collective bargaining rules, open positions and
more. Automated workflow tools enable you to capture
position requests in a digital format and automatically incorporate these changes into your personnel planning
model.
● Position Management: Easily import all people,
positions and units from your accounting system
and set up rules for steps, lanes, benefits, overtime
and more.
● Digital Request Forms: Stop using paper or Excel request forms. Enable department heads to submit new position requests using digital request forms, and all data is automatically captured within your personnel plan.
● Request Manager: Manage all new position requests from one table. Easily see the details of each request, add comments for the requester, and take other actions on the request. Requests can be included in scenarios to see the impact of new positions as you build your personnel budget.

Personnel Planning
ClearGov Personnel Budgeting provides a powerful yet
intuitive set of tools to review, plan, compare and
communicate multiple personnel plan scenarios to help
you make smart decisions about your team and your
budget. Compare and contrast single year or multi-year
budgets. Easily alter any of your key assumptions to
examine unlimited what-if scenarios.
● Data and Rules Manager: Intuitive tools enable
you to set up and manage key assumptions and
rules by position or by CBA unit.
● Scenario Planning: Seamlessly create unlimited,
personnel budget scenarios based on applicable rules and assumptions by unit, by position or by individual.
● Union Negotiations: Analyze the effects of adjustments to salaries and benefits for more informed negotiations.
● Vacancy Planning: Get a complete picture of your current and future workforce budget; create and fill vacant positions on specified dates.
● Multi-Year Planning: Automatically create salary and benefit plans for up to 20 years in the future.

ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 13 of 42 Personnel Dashboard
ClearGov Personnel Budgeting rolls up all of your critical information into an easy-to-read, graphical dashboard to help you immediately see the impact of key decisions and share these insights with the rest of your team in a common
cloud-based environment.
● Robust Filtering: Immediately see the impact on
your headcount plans from multiple angles. Filter
your personnel dashboard by department, job type,
position, unit, and more.
● Report Builder: Create and export custom reports to
share your workforce budget with internal and external stakeholders and existing systems.

Why does Clayton need this?
● Scrap the Spreadsheets: Get rid of those massive personnel planning spreadsheets and stop sorting through emails to find the right update. Best of all, eliminate those tedious spreadsheet errors that take hours and hours of precious time to find and fix. ClearGov is cloud-based, so everybody works on the same error-free master file vs. a multiple spreadsheet monster. ● Accurate forecasts: More accurately forecast personnel expenses, including salaries, benefits and other ancillary compensation such as overtime to help you make better, fact-based decisions today.
● Critical insights: Leverage scenario planning to understand the true impact of key labor contract negotiations, plan for vacancies, furloughs and more. ● Save time and effort: Manage new position and reclassification requests more efficiently and incorporate those changes directly into your planning.
● Streamline Budget Reviews: Share your dashboard and key reports with internal and external stakeholders for review, feedback and approval. With all of the relevant information in one place, your budget review meetings will be a snap.
● Synchronized budgeting: ClearGov’s Personnel Budgeting also syncs directly with ClearGov Operational Budgeting to further streamline your overall annual budgeting process.

ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 14 of 42 Smart Capital Planning
Capital planning doesn’t have to be complicated and
it definitely doesn’t need to be manual. It’s time to get rid of those hard copy capital request forms and move
your entire capital planning process into the digital
age.

ClearGov Capital Budgeting is the first cloud-based
capital improvement planning (CIP) solution
specifically designed for local governments that
streamlines requests, provides a multi-year scenario
optimization process, and generates website-based
pages automatically for each capital improvement.

Watch a 7 minute micro-demo here
✔ Capital Plan Dashboard ✔ Plan Manager Planning
✔ Capital Request Manager ✔ Capital Improvement Website ✔ Request Scoring & Ranking ✔ Integrated Report Builder ✔ Unlimited Scenario Planning ✔ And more…
ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 15 of 42 Capital Requests
The Capital Request function is a dashboard-driven tool that automates and optimizes the process of collecting, organizing, and reporting capital requests across all
departments and automatically populates your capital
plan. Think of it as a modern, digital-first solution to an age-old, paper problem.
● Digitize your requests: Save some trees with a
simple online form that captures and submits
requests electronically.
● Customize your form(s): Easily customize the default templates with a few simple clicks to precisely fit your needs and preferences. Create as many different form types as you need. ● Automate your workflow: Initiate, collect, track, and manage all your requests online, even set triggered reminders for department heads.
● Digital audit trail: Your department heads can easily attach pictures, PDFs, and other supplemental materials to their digital request form. These materials travel with the request, so they’re always just a click away.
● View capital requests at a glance: Report and review requests by department, funding source, fiscal year, and more — all from an intuitive dashboard.

Capital Planning
All capital request data is automatically integrated into the Capital Planning functionality. Powerful but simple tools enable you to easily and visually identify how your expected funding matches up against all of the requests.

Capital Planning makes it point-and-click easy to
examine multiple scenarios to help you make insightful
decisions about which projects you need and can afford
to fund.
● Scenario Planning: Easily create and analyze
multiple scenario plans to propose and optimize
your capital budget - both near and long term.
● Scoring and Ranking: Assign priorities and ratings to each project based on how they directly impact your key strategic initiatives.
● Shift Funding Assumptions: Can’t afford to completely fund a project in one year...no problem.

ClearGov Capital Budgeting enables you to spread funding assumptions across multiple years and explore multi-year what-if scenarios.

ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 16 of 42 Capital Projects Portal
Communicate your capital projects to internal and
external stakeholders more effectively via a shareable, dynamic, map-based portal. All capital requests are
automatically converted into detailed Project Pages that can be supplemented with project timelines, planning
documents, pictures and additional content. Publish an
unlimited number of Project Pages within your Capital
Improvement Portal.
● Share project finances: Post your project’s
budget, funding sources and track expenditures
along the way.
● Share images: Bring your project’s story to life by posting photos and architectural renderings. ● Allow citizens to subscribe: Visitors to your Capital Improvement Portal can subscribe to receive automatic email updates every time you make a change. ● Collect citizen feedback: Invite visitors to ask questions or post comments in a moderated forum that you control.

Why does Clayton need this?
● It’s so much more efficient: The sooner you automate out-dated manual processes, the more efficiently you can govern. Once you streamline the tedious task of organizing your capital requests, you’ll have more time and energy to invest in one of the most critical components of good governance — strategic planning.
● Eliminate the paper chase: Instead of chasing down paper requests and slogging through the data entry process, you can kick off each new request cycle with a click. ● Critical insights: Leverage scenario planning to understand the true impact of key capital projects in both the short term and over time.
● Shine a spotlight on community development: A good chunk of every tax dollar funds important CIPs in your community — things like new construction, improvements to infrastructure, and other key initiatives. Keep residents (and the press) informed about the issues they care about most.
● Synchronized budgeting: ClearGov’s Capital Budgeting syncs directly with ClearGov Operational Budgeting to further streamline your overall annual budgeting process. Capital Budgeting also syncs with and automatically generates a capital request summary with detail pages for each department/request for your ClearGov Digital Budget Book.

ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 17 of 42 Build an Award-Winning Budget Book in a
Fraction of the Time
The annual budget book is your government’s most important, public-facing policy document. You want it to be polished, professionally formatted, and accessible to as many residents and stakeholders as possible. And, ideally, you want it to be easy and efficient to produce on your end.

ClearGov Digital Budget Book is the industry’s first website-based solution that automates most of the budget book creation process using templates and data-driven charts and tables. Meet GFOA award criteria and deliver new levels of clarity, engagement and understanding for your citizens.

Watch a 5 minute micro-demo here
✔ Automated Fund Summaries ✔ Capital Improvements Inclusion ✔ Department Specific Pages ✔ Automatic Data Updates
✔ Collaborate and Customize ✔ Automated Workflows
✔ Built-in GFOA Best Practices ✔ And more...

ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 18 of 42 Budget Book Builder
The Budget Book Builder module helps you produce an
interactive and engaging budget book in a fraction of the time it takes today. Instead of manually building your book in a clunky document editor, you build it collaboratively using simple web apps that streamline the steps from start to publish.
● Prepopulated and preformatted: Start with a core
framework that includes all of your pre-loaded budget
data with integrated, pre-built charts
● Smarter workflow: Collaborate and work faster to add
your narrative with fewer headaches
● Highly customizable: Add images, choose chart
colors, and select styles to reflect your civic brand.
● Better end product: Produce a polished piece that is ADA-Optimized and built from the ground up to meet GFOA best practices
Capital Improvements Inclusion
Utilize the free Capital Requests Module to automate and optimize the process of collecting, organizing and reporting capital requests across all departments. The Capital Requests Module also automatically populates your Digital Budget Book.
● Automate your workflow: Initiate, collect, track, and manage all your capital requests with simply online
forms that can be easily customized to precisely fit
your needs and preferences.
● Publish to your budget book: Automatically add
annual and multi-year capital improvement plans
directly into your digital budget book.

Digital Budget Book Examples
Check just a few of the outstanding Digital Budget Books created using the ClearGov solution:
● El Mirage, AZ Digital Budget Book
● Shawnee, KS Digital Budget Book
● Sweet Home, OR Digital Budget Book
● Yuma County, AZ Digital Budget Book
● Sussex County, DE Digital Budget Book
ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 19 of 42 Automatic Data Updates
Revenue and expense data are automatically updated
throughout your Digital Budget book as the numbers
change, eliminating errors and saving time - especially valuable for those inevitable last-minute tweaks.
● Embedded Data: Easily embed budget numbers
into your narrative. Embedded numbers
automatically update whenever your budget
changes. No more searching through 300 pages.
● Smart Charts: All charts and graphs also update automatically, and they’re interactive to help provide a complete picture of your budget.
● Integrated Budget: Syncs directly with ClearGov Operational Budgeting or upload your budget data into an integrated, intuitive budget editor.

Why does Clayton need this?
● The short-cut you always wanted: One simple click generates a fully formatted framework that’s automatically populated with your financial data, along with pre-built charts, tables and graphs, and even some pre-written content. You simply fill in the blanks and customize the content as you see fit.
● Improve accuracy: The more spreadsheets you manage and papers you shuffle, the greater the margin of error. ClearGov’s digital-first approach is automated, templated, and paperless so you can stop manually collecting, merging, and managing all that input from dozens of department heads.
● You save time and aggravation: Recreating charts, tables, and graphs from spreadsheets every time a figure changes is not only tedious, it’s inefficient. With ClearGov, every time you change a number in your budget, all of the applicable charts, tables and graphs are updated automatically.
● Print on demand: Printing a budget book is expensive and often out of date before the ink dries. ClearGov enables you and your citizens to print specific sections or the entire budget book whenever you like - which saves both time and money. ● GFOA kudos: ClearGov’s Digital Budget Book is structured to meet GFOA best practice guidelines. In fact, there is a GFOA checklist built right in, so you can check off each Distinguished Budget Award Presentation requirement as you complete it.

ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 20 of 42 Tell Your Story
Tell your financial story using our simple-to-navigate
transparency center. Easy-to-understand infographics help you share financial information, departmental goals and results in a way that informs and engages your community.

ClearGov Transparency is a suite of cloud-based solutions designed to remove the static from your communications
efforts, so you can keep your community in the loop with the solid work you and your team are doing. With
innovative, turnkey transparency profiles, project pages and department dashboards ClearGov Transparency helps
you tell your story and show your work.

Watch a 5 minute micro-demo here
✔ Fiscal Transparency ✔ Open Checkbook
✔ Department Dashboards ✔ Performance Metrics
✔ Peer Comparison ✔ Easy-to-Understand Infographics
✔ Custom Chart Builder ✔ And more...

ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 21 of 42 Financial Transparency
Build community trust and support by publishing your
financial data in an online profile that’s feature-rich, easy to use, and easy to understand. It’s an instant
best-in-class transparency center that’s miles ahead of the usual complex spreadsheets and static PDFs.
● Easy-to-understand infographic format: Help
citizens and other stakeholders easily visualize
and interpret important metrics.
● Context features that make transparency
meaningful: Add explanatory notes that tell the
story behind the numbers. Allow users to
compare data side-by-side with similar communities near you. ● Budget vs. actuals: Clearly show how funds are collected and allocated. Reveal trends by showing historical data as well.
● Open checkbook: If desired, you can provide searchable, check-level detail revealing line-item spend.

Capital Project Communications
Utilize the free Capital Projects Module to add up to five free custom Project Pages as part of your transparency
profile. Keep citizens in the loop with key data and
updates about all of your key projects. Project Pages take only minutes to populate and allow you to share photos, timelines, funding sources, and more — all in one
centralized location.
● Share project finances: Post your project’s
budget, funding sources and track expenditures
along the way.
● Share images: Bring your project’s story to life by
posting photos and architectural renderings.
● Allow citizens to subscribe: Visitors to your
Project Pages can subscribe to receive automatic
email updates every time you make a change.
● Collect citizen feedback: Invite visitors to ask
questions or post comments in a moderated
forum that you control.

ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 22 of 42 Department Dashboards
Tell your government’s whole story by publishing updates detailing department-level performance metrics.

Showcase KPIs for any and all departments, from animal
control to the zoning board.

ClearGov Department Dashboards are extremely flexible
and point-and-click easy to assemble. You can use
Department Dashboards to display any metric you like.

Plus, the ClearGov solution makes sure that your data is presented in a way that’s easy for your residents to
interpret and understand.
● Customize: Display department-specific KPIs. Add
the department head’s name, title, picture, and a
brief intro letter.
● Create panels: Select the appropriate template for each section you want to display. If you like, add commentary or explanatory text.
● Add charts: Pull in existing graphics from the ClearGov Chart Builder App or easily create new ones specific to your dashboard.

Why does Clayton need this?
● Drive community support: By sharing critical facts and figures with citizens, you can foster a climate of trust and understanding that helps drive public support for key initiatives. ● Dispel public misconceptions: MIT research shows that false news travels faster, farther, and deeper than true news, particularly through social media. In the age of misinformation, readily accessible and easily understood facts are your best defense against public misconceptions. ● Reduce inquiries: Research by the Sunlight Foundation indicates that municipal transparency programs reduce citizen information requests by 30 percent. The more data you share with constituents now, and the clearer you make it, the fewer inquiries and record requests you’ll field on an ongoing basis.
● Promote value: Where else can the average citizen go to find out about police response times or annual fundraising efforts? Department Dashboards let every division tell its own unique story.
● Hold departments accountable: They say that what gets measured is what gets done.

ClearGov dashboards are a simple and effective way to track department performance against goals and to promote a culture of performance and transparency agency-wide. ● Shine a spotlight on community development: A good chunk of every tax dollar funds important CIPs in your community — things like new construction, improvements to infrastructure, and other key initiatives. Keep residents (and the press) informed about the issues they care about most.

ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 23 of 42

INVESTMENT
Our pricing model matches our products - simple, straightforward and built for local governments.

Setup Fee:
● A one-time investment that covers setup, activation, data onboarding and initial training — everything you need to get launched.

Solution Subscription:
● A flat annual investment covers unlimited access and usage of your ClearGov solution and includes unlimited support from your dedicated Client Success Manager.

That’s it. We don’t charge extra for seat licenses or updates or ongoing support or professional services or anything else, so there are absolutely no hidden fees. See the table below for a complete breakdown of what’s included.

Setup Service Fees (One time investment)
Setup Fee: Includes - Full activation and setup; Data
onboarding; Client training
$3,600
Setup Discount: If signed by March 31, 2022 ($3,600)
Total Setup Service Fees $0 - Waived
Annual Subscription Service Fees (Annual investment)
ClearGov Operational Budgeting $8,300
ClearGov Personnel Budgeting $8,300
ClearGov Capital Budgeting $4,700
ClearGov Digital Budget Book $4,700
ClearGov Transparency $4,100
Bundle Discount ($13,600)
Total Annual Subscription Service Fees $16,500
ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 24 of 42

PRODUCT SCOPE
In the interest of transparency, we want to provide guidance around the scope of usage that is included with each ClearGov solution. The tables below do not provide a detailed list of every feature and/or function included in the product. These tables provide a summary of the key things that you can do with each solution once your account has been activated.

ClearGov Operational Budgeting - Product Scope
Once your data has been onboarded, ClearGov Operational Budgeting enables Clayton team members to execute a variety of tasks, as outlined in the table below. ClearGov products are designed to be easy to use and intuitive, and with the training we provide, you should have all the expertise you need to fully leverage the platform.

Service Description In Scope
Create Forecasts: Auto generate one or more forecasts for each of your funds. Modify forecasts based on what-if scenarios adjust parameters as needed.

Unlimited forecasts
Create Budgets: Create one or more budgets for each of your applicable funds. Invite collaborators, iteratively build the budget and share with reviewers.

Unlimited budgets
Export Budgets to ERP: Export your final budget(s) from ClearGov in order to import directly into your accounting system / ERP. NOTE: Depending on your ERP, your export file may require formatting prior to import.

Export Format:Excel; .CSV file
ClearGov Personnel Budgeting - Product Scope
Once you have uploaded your position and personnel data, ClearGov Personnel Budgeting enables Clayton team members to execute a variety of tasks, as outlined in the table below. ClearGov products are designed to be easy to use and intuitive, and with the training we provide, you should have all the expertise you need to fully leverage the platform.

Description In Scope
Personnel Request Forms: Create forms for your contributors to submit personnel requests.

Unlimited personnel request
forms
Personnel Data Import: Import personnel and position data into your personnel plan.

Unlimited positions and
personnel
Personnel Scenario Planning: Input and adjust key rules and assumptions to create and analyze personnel budget scenarios.

Unlimited scenario planning
ClearGov Capital Budgeting - Product Scope
Once your subscription is activated, ClearGov Capital Budgeting enables Clayton team members to execute a variety of tasks, as outlined in the table below. ClearGov products are designed to be easy to ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 25 of 42 use and intuitive, and with the training we provide, you should have all the expertise you need to fully leverage the platform.

Description In Scope
Capital Request Forms: Create forms for your contributors to submit capital requests.

Unlimited capital request forms
Capital Request Imports: Import existing capital requests to your capital plan and/or present in your budget book.

Unlimited capital requests
Capital Scenario Planning: Input and adjust capital funding assumptions to create and analyze capital budget scenarios.

Unlimited scenario planning
Capital Improvement Portal: Using ClearGov’s easy to learn and intuitive toolset, you can convert any capital requests into a detailed Project Pages and publish via a custom Capital Improvement Portal to communicate status, milestones,
timeline, budget and updates to your constituents.

Unlimited Project Pages
ClearGov Digital Budget Book - Product Scope
Once your data has been onboarded, ClearGov Digital Budget Book enables Clayton team members to execute a variety of tasks, as outlined in the table below. The ClearGov training programs and your CSM will provide advice and suggest best practices to help you optimize your own Digital Budget Book.

Description In Scope
Capital Request Forms: Using ClearGov’s free Capital Requests Module, you can create forms for your contributors to submit capital requests to create a Capital Request summary for your Digital Budget Book.

Unlimited capital request forms
Digital Budget Books: Create comprehensive digital budget books based on onboarded budget data and the narrative
added by you.

Unlimited Digital Budget Book
versions
Digital Budget Book Pages: Fill out templated sections of your budget book using ClearGov’s toolset and GFOA guidelines embedded in the product, and/or create new pages with your own content, images, tables, etc. as needed.

Unlimited pages
Printed Budget Books: ClearGov’s Digital Budget Book solution includes print to .PDF functionality. It automatically creates .PDF documents of the full budget book or selected sections.

Unlimited
Transparency - Product Scope
Once your data has been onboarded, ClearGov Transparency enables Clayton team members to execute a variety of tasks, as outlined in the table below. The ClearGov training programs and your Client Success Manager will provide advice and suggest best practices to help you optimize your ClearGov Transparency implementation.

Description In Scope
Project Pages: Using ClearGov’s free Capital Projects Module and easy to learn and intuitive toolset, you can create Project Pages to communicate status, milestones, timeline, budget and updates to Up to five Project Pages
ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 26 of 42 your constituents.

Department Dashboards: Using ClearGov’s easy to learn and intuitive toolset, including custom charting, you can create Department Dashboards to communicate key performance
metrics to your constituents.

Unlimited Department
Dashboards
Transparency Profile Launch: Promote your transparency profile to residents through a press release, your website and social media.

ClearGov provides a release
template and a customer
banner for your Website.

Data Updates: You may regularly update your financial data at your discretion by sending new files to ClearGov. For example, you may post current FY budget and update periodically with actual spending.

You may provide monthly,
quarterly (recommended) or
annual updates for budget data.

Open Checkbook data can be
uploaded weekly.

ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 27 of 42

PROJECT MANAGEMENT
ClearGov offers robust solutions that are straightforward to set up and operate - especially compared to typical gov-tech software. We understand that most local governments are pressed for resources, so we have designed an onboarding process that places the heavy lifting on ClearGov. This section outlines the key project management roles and responsibilities.

Partnership Overview
The onboarding and ongoing use of the ClearGov platform is a shared responsibility between ClearGov and Clayton. While we have designed our processes to minimize complexity and put most of the work on our team of ClearGov experts, you play a very important part. ClearGov relies on you to send us the financial data that fuels our applications and to partner with us to make sure that data is presented exactly the way you’d like. While ClearGov has expertise on data science and municipal finance, you are the expert on the details of your data, and you have a unique perspective on the expectations and preferences of your key constituents.

Below is a list of key roles & responsibilities involved to ensure a smooth and expeditious onboarding process and a long-term return on your investment.

ClearGov Roles & Responsibilities
Role Responsibilities
Client
Success
Manager
(CSM)
● Your go-to person at ClearGov for activation, onboarding and more. ● Activates account & product subscriptions.
● The person to whom you should send all your data files. ● With your input, develops and executes the onboarding plan and timeline. ● Coordinates ClearGov resources to deliver the Scope of Work deliverables. ● Monitors progress to ensure a timely and efficient launch. ● Tracks, communicates, and expediently resolves all issues. ● Communicates the availability of training and learning resources. ● Answers questions and consults on best practices.
● Generally available 9:00AM to 5:00PM Eastern, Monday through Friday (excluding holidays). Your CSM will inform you of his / her specific availability.

Data
Onboarding
Consultant
● Reviews the financial data files you send to ClearGov and, if needed, follows up with you regarding missing information or clarifying questions.

ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 28 of 42 (DOC) ● Formats, uploads & maps (i.e. categorizes) initial set of financial data. ● Leads Data Review calls and presents your data categorization. ● Updates data mapping per your requests.
● Uploads additional data supplied by you - either on an adhoc or regular basis (monthly, quarterly or annually).

Training
Specialist
● Delivers regularly scheduled training webinars.
● Develops pre-recorded videos, information sheets and Support Center articles. ● Designs and delivers customized remote training sessions if needed.

Support
Team
● A resource for end-users (e.g. contributors, requesters, reviewers) to get “how-to” questions answered.
● An alternative resource for Admin users if your Client Success Manager is unavailable.
● Can be reached via email: [email protected].
● Available 9:00AM to 6:00PM Eastern, Monday through Friday (excluding holidays).

Clayton Roles & Responsibilities
Role Responsibilities
Primary
Contact
● Primary communication point with the ClearGov Client Success Manager. ● Delivers the “Client Task” items (listed in the Scope of Work) in a timely manner. ● Answers or coordinates answers to questions from ClearGov on a variety of topics (financial data, training, invoice payments) within 3 business days. ● Schedules and attends meetings with Client Success Manager and ensures all individuals that need to participate attend.

Financial
Data
Exporter
● Exports financial data and account number key from your accounting or ERP system and emails to Client Success Manager.

Financial
Data
Reviewer
● Reviews financial data after it has been uploaded and categorized in ClearGov. ● Provides feedback on financial data categorization and accuracy. ● Approves launch of financial data.

Executive
Sponsor
● Ensures everyone understands the goals of using ClearGov’s solutions. ● Identifies and assigns resources to complete onboarding in a timely manner. ● Serves as an escalation point if onboarding is not progressing or issues need to be resolved.

Admin User ● Has full permission to all ClearGov application functionality included with ClearGov subscription. (NOTE: ClearGov offers an unlimited number of Admin Users.) ● Creates user accounts.

End User ● Has permission to specific ClearGov functionality consistent with the role. (NOTE:

ClearGov offers an unlimited number of End Users.)
● Typically is a department head, committee member or other reviewer.

ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 29 of 42

ONBOARDING
The ClearGov onboarding process is designed to minimize complexity and resources required on your end. Formatting, uploading and categorizing your financial data requires the most effort and that task is completed by ClearGov. However, before we can begin working with your data, we need you to send it to us. And once we have it, we will need you to answer questions and review the final output to ensure that it meets your needs. The tables below outline the onboarding process, including the few actions that are your responsibility.

Onboarding Scope of Work
Service/Description In Scope
ClearGov
Task
Client
Task
Account Activation: Create Client account and
activate on start date specified in service order.

Access begins on service
start date. ✅
Project Management: Develop onboarding
plan & timeline, coordinate ClearGov Client
Success team, communicate status.

ClearGov CSM will oversee
all project management. ✅
Create User Logins: Admin Users can create
End User logins, as well as additional Admin
Users, and set permission/access levels.

ClearGov will create the first Admin User; Client
creates additional.

Unlimited Admin User and
End User logins. ✅ Shared
Data Export: Export revenue expense detail
and account number structure from ERP/
accounting system. (See Data Requirements
section for more details.)
3 to 20 years of data
ClearGov will provide
detailed instructions
✅
Data Onboard: ClearGov DOC will format,
upload and categorize your financial data,
based on files provided by you.
3 to 20 years of data, as
provided by Client ✅
Data Review: Review imported data for
accuracy and to confirm that categorization
supports your budget process. Provide change
requests and approve when complete.

Timely review and feedback
on onboarded data. ✅
Data Onboarding Requirements
ClearGov’s Data Onboarding process is focused on getting your most complex data up and running on the ClearGov platform quickly and correctly. In a nutshell, this means your financial/budget data - both current and historical information. This data should be readily exportable from any accounting/ERP system. We have partnered with a few vendors to include an “Export to ClearGov” button in their solutions and for some others we can provide detailed export instructions. Your CSM will let you know what is available based on the accounting/ERP system you use. Your CSM will also provide you with a more detailed document explaining data requirements. The highlights are outlined below.

Data Onboarding Requirements by Product
The table below outlines the data that ClearGov will onboard for you to get your solution up and running. We will, of course, need you to send us this data, and ClearGov will do the heavy lifting to set it up to meet your needs in our platform. The ClearGov platform also provides automated workflow tools ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 30 of 42 that make it straightforward to add additional data and content, such as capital/personnel requests, budget book narrative, position data, etc. on an ongoing basis.

Product
Chart of
Accounts
Revenue & Expenditure Data Checkbook
Detail Actual Budgeted
Operational Budgeting ✅ ✅ ✅ N/A
Personnel Budgeting ✅ N/A N/A N/A
Capital Budgeting ✅ N/A N/A N/A
Digital Budget Book ✅ ✅ ✅ N/A
Transparency ✅ ✅ ✅ ✅
Data Onboarding Detail
Actual Revenues & Expenditures
● The majority of clients sent us 4 to 6 years, however, there is no limit ● By providing more years, trend charts will be more robust ● Current FY data is used as the basis to create the next FY budget.

Budgeted Revenue & Expenditures
● Current and upcoming
● Past years to display budget-to-actuals (optional)
Check Level Detail (ClearGov Transparency Only, Optional) ● If you wish to use the Open Checkbook feature in ClearGov Transparency ● Your data must include check-level detail for the most recent fiscal year with as much historical data as you prefer
Line Item Detail File(s)
● Line-item level revenue and expense data. Depending on which accounting system you use, all years may be exported in one file or there may be a file created for each year. ● Each line item should include full account number, account description, fund and dollar amount. We will also need to know the associated fiscal year and if the line item is tied to revenue or expense.
● Depending upon which accounting system you’re using, this is often referred to as the Trial Balance Report; Account Inquiry Report; or Budget-to-Actual Report.

Account Number Key
● This is simply an explanation of your account number structure. ● An account number is made up of segments and for each segment we need to know its purpose (i.e. whether it refers to a fund, a department, an object, etc.). ● Most accounting systems enable you to run a report to generate this information. It’s often called a Segment Report or Chart of Accounts. If yours does not, just let us know. The ClearGov data team has successfully uploaded data for hundreds of clients and will work with you to determine the best options.

How much data should we provide?
In short, it depends on which product(s) you plan to use:
● Operational Budgeting: Should provide budgeted data for the current fiscal year and any historical budgeted/actual data you would like to be able to view/compare when you are ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 31 of 42 building your next budget. NOTE: The Forecasting module uses historical data to build forecasts, so the more historical data you provide, the better your forecasts will be. ● Digital Budget Book: Should provide budgeted and actual data for any fiscal year that you wish to present in your digital budget, typically 3-5 years. ● Transparency: Should provide any budgeted and actual data for fiscal years that you wish to present within your Transparency profile. Generally, we recommend presenting at least 4 years of data to be able to show trend analysis over time, but we can upload as many years as you provide.

Onboarding Process & Timeline
The following outlines a typical onboarding process and expected timelines - your ClearGov CSM will work with you to develop an onboarding plan that works for you.

Timeline Summary
Timeline Details
In the interest of full transparency, the complete data onboarding process can take a handful of weeks, depending on these key factors:
● The format of your data, i.e. the more structured your data the better ● The volume and complexity of your data
● ClearGov’s current data onboarding backlog*
● How quickly you are able to send us your data and review/approve the results The details are explained in the steps below, and the good news is the heavy lifting is all on ClearGov. In fact, during the entire onboarding process, you should only need to spend a few hours here and there to export, review and approve your data and attend some initial training. As you will see in the notes below, the most common delay to the process is coordinating schedules, so having a good calendar organizer on your end is the best way to optimize the process. PLEASE NOTE: Each step indicates the actions that Clayton needs to complete, and the expected effort required.

Step 1: Account Activation
When ● Occurs within one business day of your signed ClearGov Service Order.

Who ● ClearGov CSM is responsible for Account Activation What
● ClearGov will create the initial Admin User login and schedule the activation of your subscriptions, based on the Service Start Date.
● Your ClearGov CSM will contact you to provide an introduction and schedule the Kick-Off call (See Step 3).
● As of your Service Start Date, you will have full access to the solutions included with your subscription and can immediately begin working with the features that do not require data onboarding, e.g. creating Project Pages; Department Dashboards; or Capital Request Forms; Custom Charts; Budget Book narrative pages; etc.

ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 32 of 42 Step 2: Data Export
When ● As soon as possible after the Service Order has been signed.

Who
● ClearGov CSM will provide a data requirements document. ● Client (Financial Data Exporter) is responsible for exporting data from your accounting system/ERP and sending the file(s) to ClearGov.

What
● The data export process is usually fairly straight forward, depending upon which accounting system/ERP you are using. At this point, ClearGov has worked with just about all of them, so we may be able to provide tips and/or specific instructions. ● Effort: Generally speaking, this requires <30 minutes of effort.

Tips
● NOTE: Although this can (and should) be a very quick step (minimal effort, as you can see), we sometimes encounter delays if the person responsible for data export is unavailable or uniformed about their role. Please note that the data onboarding process clearly cannot begin, until ClearGov receives the data and gets it into our queue. So, any delay at this step causes further delay down the line.

Step 3: Kick-Off Meeting
When ● As soon as possible after the Service Order has been signed, ideally within 1 week.

Who
● ClearGov CSM will schedule the Kick-Off meeting (to be held via conference call) ● Client: Recommended to have all key parties involved in this Kick-Off call, especially the Primary Contact; Data Exporter; Data Reviewer; and Executive Sponsor.

What
● Your CSM will review onboarding steps, deliverables and timelines. Your CSM will also review the Data Requirements document and answer questions. If you have already sent data files prior to the call, we may ask clarifying questions about your data. ● Effort: Kick-Off calls generally last about 30 minutes.

Tips
● NOTE: The biggest challenge we typically face with the Kick-Off meeting is simply coordinating schedules. Ideally, we would like to have one person on the client side who is responsible for coordinating calendars, even if that person is not directly involved in the project, such as an Admin Assistant. Again, any delay at this stage has a trickle down effect on the rest of the schedule.

Step 4: Data Onboarding
When ● Generally takes about 2 - 3 weeks from when ClearGov receives your data.

Who
● ClearGov Client Success Team is responsible for onboarding and mapping of your data onto the ClearGov Platform.

What
● During this step, a ClearGov DOC will onboard your data into the ClearGov platform and map it into a structure that is consistent with the chart of accounts you provide. You will have a chance to review and approve the data mapping in the next step.

Tips
● NOTE: The data onboarding time varies based on the format, volume and complexity of your data as well as the current queue of Client activations.

ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 33 of 42 Step 5: Data Review and Approval
When
● Generally takes about a week after the data has been onboarded, primarily due to coordinating schedules for a data review call.

Who
● ClearGov DOC is responsible for presenting the mapped data. ● Client (Data Reviewer) is responsible for reviewing the mapped data and specifying changes, as needed.

What
● In most instances, there is an Initial Data Review call (via video conference) followed by 1 or 2 follow up calls/emails, depending upon the complexity of the data and the number of changes/iterations requested.
● Once the data has been approved, ClearGov will launch your data within the ClearGov platform and make it accessible to all applications included in your subscription ● Effort: The Initial Data Review call generally requires about 20 - 30 minutes, and follow up calls, if necessary, tend to clock in around 10 - 20 minutes each.

Tips
● NOTE: Similar to the Kick-Off, the biggest challenge at this stage is simply coordinating calendars. We will do everything in our power to make ourselves available at your convenience, and simply ask that you schedule and commit to the review meetings as quickly as possible.

Step 6: User Training
When
● Technically, training can occur at any time once the Service Order is signed. However, ClearGov recommends that training should happen right around the time that your data is onboarded, or very shortly thereafter.

Who
● ClearGov CSM will make sure that you are aware of all training options. ● ClearGov Training Specialist will deliver training sessions, as scheduled. ● Client: Recommended to have all Admin and End Users participate in training sessions.

What
● All users may attend as many group training sessions as they wish and have unlimited access to pre-recorded videos, information sheets and Support Center articles. ● If needed, ClearGov will design and deliver a customized remote training session - via video conference.
● Effort: Depending upon which ClearGov Suites are included in your subscription, training sessions usually run 45 - 90 minutes.

Tips
● NOTE: Full access to training and learning materials is provided upon Account Activation in Step 1.

IMPORTANT: Launch Deadline Communication
If you have a critical deadline, please inform your Market Development Executive and/or your Client Success Manager. They will let you know if we can meet that deadline and what will be required to complete onboarding by that date.
*IMPORTANT: ClearGov Backlog Summary
Due to a recent spike in demand for ClearGov’s solutions, we are in a temporary backlog situation with respect to our Data Onboarding process. We want to ensure that we are setting - and delivering on - proper expectations, so we have created a Data Onboarding Schedule site that provides an up-to-date summary of the current data onboarding backlog. We will onboard ClearGov customers on a first-come, first-served basis, based on the signature date of their Service Order. Please see the Data Onboarding Schedule site for more details and specific dates.

ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 34 of 42

TRAINING & SUPPORT
ClearGov solutions are designed to be intuitive and simple-to-use, so chances are that you won’t need much hand-holding - even from the start. With that said, ClearGov’s training materials and support channels are designed to ensure that you and your team can quickly launch, adopt and optimize the value you receive from the ClearGov platform. We will share how to accomplish tasks, key insights and best practices to help you ramp quickly.

Training - Scope of Work
Service/Description In Scope
ClearGov
Task
Client
Task
Admin User (Editor) Training: Training
is delivered via webinars, video tutorials,
information sheets and Support Center
articles. Your ClearGov CSM will answer
questions and provide advice as
needed.

Unlimited access to all ClearGov
training materials and group
training sessions. One customized
training session available upon
request which can be recorded for
future viewing.
✅
End User (Contributor) Training:

Training is delivered via webinars, video
tutorials, information sheets and
Support Center articles. ClearGov’s
Support Team will answer questions
and provide advice as needed.

Unlimited access to all ClearGov
training materials and group
training sessions. One customized
training session available upon
request which can be recorded for
future viewing.
✅
Training Webinars
ClearGov delivers regularly scheduled training webinars for our Budgeting and Digital Budget Book solution. They typically last 30 to 45 minutes and questions from attendees are encouraged. Your CSM will provide you with instructions on how to register.

Support Center
All ClearGov users have access to a frequently updated online Support Center filled with how-to articles, video tutorials and information sheets. The ClearGov Support Center is easy to navigate and has a robust search engine to quickly find help on a specific topic.

ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 35 of 42 Customized Training
Customized training sessions are available upon request and are tailored to your specific needs. A member of our training team will work with you to schedule a time that fits your calendar. ClearGov uses modern web conferencing services to conduct live training sessions and webinars remotely. This enables the instructor to share his/her screen and record every session. It also enables you to distribute the recording via email after-the-fact to any who were unable to attend; save it for future reference; and/or train new hires.

Client Success Manager
You will be assigned a dedicated Client Success Manager (CSM) who will be responsible for coordinating and managing your activation and onboarding process. Your CSM will also be your primary point of contact after onboarding for all ongoing data updates, questions and issue resolution.

Our CSMs are committed to responding to all inquiries within one business day, and in most cases, you will receive a same-day response. You will also be provided an escalation path in the event that you are ever dissatisfied with your CSM’s performance or you have a time-sensitive issue that needs immediate resolution. CSMs are generally available 9:00AM to 5:00PM Eastern, Monday through Friday (excluding holidays). Your CSM will inform you of his / her specific availability.

ClearGov Support Team
ClearGov’s support team is a resource for End Users (e.g. department heads, reviewers) to get “how-to” questions answered. Support is also an alternative resource for Admin Users if your Client Success Manager is unavailable. The ClearGov Support Team can be reached by sending an email to [email protected].

Our Support Team is committed to responding to all inquiries within one business day, and in most cases, you will receive a same-day response. Support is available 9:00AM to 6:00PM Eastern, Monday through Friday (excluding holidays).

Product Enhancement Requests
We absolutely love hearing from Clients - especially when they have ideas that would make our products better. In fact, we meet weekly to go over all the feedback we’ve received to provide key input to our product roadmap. Many of the applications and features in ClearGov’s solution are a direct result of client feedback. When you have a request for a product enhancement, please submit your idea(s) through our Support Center or inform your CSM and they will bring it up at our weekly meeting. We prioritize product enhancements primarily based on the number of clients who are requesting similar functionality, so we can’t guarantee that your ideas will go to the top of the list, but we promise that we’ll always listen, and we work hard to make 100% of our customers happy.

ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 36 of 42

SECURITY OVERVIEW
The ClearGov platform is hosted by Amazon Web Services (AWS), the world leader in cloud computing as a service. Used by the Departments of Justice, Defense, and Homeland Security, AWS is one of only three vendors that have been granted government authorization to store highly sensitive federal data on its cloud-computing servers.

AWS handles systems, network architecture, and security, enabling ClearGov to focus on what it does best — developing world-class solutions for local governments. With ISO 27001 and FISMA-certified data centers, AWS has made platform security its highest priority in order to protect customers’ critical information and applications. Another key advantage of hosting on the AWS cloud is that it allows ClearGov to easily scale and innovate, while maintaining all security protections across the entire infrastructure.

How secure is ClearGov?
Hosting with AWS ensures that ClearGov maintains the highest security standards in the world:
● Web application firewalls control access to the underlying code. ● AWS has built technologies to protect against distributed denial of service (DDoS) attacks to ensure network availability and application uptime.
● AWS’s SQL Server RDS uses server-side encryption to protect sensitive data.

In addition to AWS’s secure hosting environment, ClearGov has implemented a number of extra software security features:
● Secure Socket Layer (SSL): SSL establishes an encrypted link between AWS servers and the web browser to ensure that all data transfers remain private and integral. ● SQL Injection Protection: ClearGov has built protection against SQL injection attacks where hackers attempt to insert nefarious server requests into web forms. ● Access Rights: ClearGov has implemented strict permission settings based on roles, which limit access to specific data and application functions. This ensures that internal users are restricted from accessing sensitive data based on privileges assigned by your administrator. ● Password Authentication: ClearGov does not store passwords explicitly, but rather “hashes” (encrypts) them so they are not compromised.
● Logging and Monitoring: ClearGov employs monitoring features that quickly identify vulnerabilities and provide immediate alerts if action is required.

Where are ClearGov data centers located?
AWS replicates the ClearGov application and data across multiple data centers to ensure redundancy and availability. With this in mind, ClearGov is hosted at the AWS data centers in North Virginia, Ohio, Northern California, and Oregon.

You can learn more about AWS data centers and security measures via the following link:
● https://aws.amazon.com/security/?hp=tile.

ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 37 of 42 FAQs
General Questions
Q: Do we need to dedicate resources for ClearGov implementation? ● A: Ideally, we would like to have one point person on your end with whom we can coordinate logistics. We generally require no more than a few hours of that person’s time for the entire setup/onboarding process. Typically, that same person is responsible for delivering regular data updates (usually quarterly) , which requires only a few minutes of their time once per quarter. (See Project Management section for more details.)
Q: Does ClearGov provide training?
● A: The ClearGov platform is designed to be simple and intuitive. With that said, ClearGov will provide whatever training you and your team need during the kick-off process. And, the ClearGov team is available for unlimited support and/or training on an ongoing basis. ClearGov also provides video tutorials, online help, and other support materials as well. (See Training and Support section for more details.)
Q: How much effort is required to import our data?
● A: In short, not much. All ClearGov Solutions are designed to be turnkey and ClearGov does all of the heavy lifting for you. See Onboarding section above for more details.

Q: Can ClearGov help us communicate our finances internally? ● A: Absolutely. ClearGov is a powerful tool for not only communicating with residents, but also internal stakeholders. ClearGov can act as a central reporting platform that offers clear and easy-to-understand infographics that can be used for presentations and reports both internally and externally.

Q: How will ClearGov store our data? Is it secure?
● A: ClearGov utilizes a full suite of solutions from Amazon Web Services (AWS) to host and deliver the data for the ClearGov platform. We specifically selected AWS as our solutions provider because the AWS infrastructure puts strong safeguards in place to help secure and protect customer data. All data is stored in highly secure AWS data centers, and you can learn more about AWS security measures via the following link: https://aws.amazon.com/security/?hp=tile.

See Security Overview section above for more details.

Q. Are there any accounting systems that are not compatible with ClearGov? ● A: The short answer is "No" — we work with everybody. We're not actually doing a direct integration with your accounting system; we just need a simple report, and every accounting system we've ever met can easily produce that report. We've worked with enough of them now that we can probably tell you which report to print, and if it's a new one, we'll help you figure out which report is right.

Q: Does ClearGov provide a real-time integration with any eFinance or ERP systems?
● A: The short answer is…No...and this is by design. ClearGov takes a different approach when it comes to integrating your data onto our platform. In short...we do the work for you. You simply send us a report from your accounting system whenever you like, and we’ll upload it - and there is never any additional charge for this.

ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 38 of 42 ● The reason we take this approach is that system integrations sound like a good idea on paper, but in reality...they are painful, expensive and extremely difficult to maintain. The key problem is that every time the software changes on either end of the integration, the connection breaks and requires significant effort to re-integrate. In fact, that’s how our competitors make a lot of their money, because they charge professional service fees every time you ask them to re-establish the integration. Bottom line, the extra costs of supporting and maintaining a real-time integrated solution far outweigh the minimal incremental benefits of real-time data transfer.

Q: Does the ClearGov platform support single sign-on functionality? ● A: Yes. ClearGov supports single sign-on functionality using Microsoft Azure Active Directory. We are happy to support other single sign-on platforms/APIs as well. Please just let us know what you need.

Operational Budgeting Questions
Q: With ClearGov's benchmarking intelligence module, how do we know we are comparing “apples to apples”?
● A: ClearGov consolidates and normalizes the fiscal data for all of the municipalities within your state into a standardized national chart of accounts in order to enable a direct apples-to-apples comparison. ClearGov also enables you to select the filter criteria that are most important to the comparison you're trying to make. For example, if you're comparing snow removal costs, you want towns with similar road miles, whereas if you're comparing public safety costs, you'll likely use population and average household income as your filters.

Q: Can I export from ClearGov Operational Budgeting into my ERP system? ● A: Yes, once you’ve created your budget, you can choose any combination of data to export to Excel and then import this directly into your ERP system.

Capital Budgeting Questions
Q: Are requests from the prior year carried over when you create a new budget? ● A: Yes, previously submitted requests (multi-year, partially funded or unfunded) from the prior year will be carried over to the new capital planning process. Any prior year requests that you do not want to include can be removed from the plan after you’ve started.

Q: Can we import prior year’s requests?
● A: Yes, it is easy to import prior year's requests. Within ClearGov Capital Budgeting, you can download a template based on your request type. You simply add your requests to the template and upload them to ClearGov. Our Import tool has an easy 3-step guide to walk you through the process.

Q: Can we export the final Capital Budget that we create? ● A: Yes, you can export your Capital Budget to Excel or PDF. ClearGov’s Capital Budgeting Report Builder serves up a handful of pre-built, common reports to streamline your reporting process, or you can create your own reports to export. Exported data can be uploaded to your ERP or accounting system.

Personnel Budgeting Questions
Q: We have a lot of employees, can we upload their data in bulk? ● A: Yes, it is easy to bulk import employees into our system. ClearGov generates a template that you can download and use to set up a simple bulk import of employees and information.

ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 39 of 42 Q: Can we export the final Personnel Budget that we create? ● A: Yes, once you’ve created your budget, you can choose any combination of data to export to Excel and then import this directly into your ERP/Accounting system.

Digital Budget Book Questions
Q: Since the product is template-driven, won’t every ClearGov Digital Budget Book look the same?
● A: No. While every ClearGov Digital Budget Book starts with the same core template, it’s highly and easily customizable, so the final product will always be different. You can add your own images, chart colors, and endless content to make it your own.

Q: Can you guarantee that we will win a GFOA award?
● A: As we have designed and built the ClearGov Digital Budget Book, we have double-checked the GFOA guidelines every step of the way. We have also actively reviewed the solution with GFOA reviewers and members of the GFOA staff. With that said, we cannot guarantee that you will win an award, in part, because the narrative content is still up to you. In other words, all of the core components are included, but you still need to fill in the blanks in a way that meets with GFOA approval.

Q: I understand the benefits of digital, but I still need to produce a printed version. How will that work?
● A: You’re not alone. Old habits die hard and paper is still a must-have for many local governments. In addition to presenting your budget book online, the ClearGov Digital Budget Book Suite includes functionality that enables users to create a .PDF, which can then be printed to generate a hard-copy of your budget book. Also, the Print-to-PDF functionality enables you to print specific sections of your budget book and/or the entire book.

Transparency Questions
Q: Where does ClearGov get its financial data?
● A: ClearGov sources its financial data from various entities including state departments of revenue; state education departments; etc. ClearGov also compiles complementary data, such as demographic information, home values, road miles, etc. from various public sources including the U.S. Census Bureau.

Q: How does ClearGov determine the default peer group for peer analysis? ● A: ClearGov uses four primary factors to create the ClearGov Default peer Group for each municipality:

1. ClearGov looks for municipalities with similar populations.

2. ClearGov looks for municipalities with similar median home values as determined by census data.

3. ClearGov looks for municipalities with similar commercial assessments to differentiate between rural and urban municipalities.

4. ClearGov dynamically searches for the closest ten municipalities that meet population, median home values and commercial assessment deviations. The figures from these municipalities are combined to create a peer average.
● NOTE: As a ClearGov Transparency customer, you will have the opportunity to create and publish your own custom peer groups, based on whatever criteria is most important to you.

Q: Won’t publishing a transparency profile generate a lot of incoming inquiries? ● A: On the contrary, our customers find that a ClearGov profile helps the community find the answers they seek more easily and consistently. Plus, you can add commentary that tells the story behind your numbers and provides additional context.

ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 40 of 42 ● Prior to launch you will want to identify the components of your data that would benefit from some additional context. ClearGov enables you to add commentary to these sections of the profile which will actually reduce the number of inbound public information requests. ● Finally, if you do get an influx of inquiries, you will generally find a consistent pattern to the questions. So, you can use those questions to inform and further enhance your commentary.

Q: What about inciting “community activists”?
● A: It seems that every municipality has a small population of what we call “CAVE People” (Citizens Against Virtually Everything), and unfortunately, we don't have a direct solution for that. However, a large portion of the most aggressive community activism is generally caused by a misinterpretation of the facts, or simply taking the facts out of context. We have found that ClearGov can drastically change both the tone and substance of the conversation by showing that your local government has nothing to hide, and by delivering not just data, but the stories behind the numbers to help everyone have a more informed and empirically accurate conversation.

ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 41 of 42 “I’ve enjoyed working with ClearGov. I really am
impressed with how the products have been built.

It’s amazing that they know very well what we
need. Not many do.”
Will Fuentes, CPFO, MBA
Finance Director
Campbell, CA
ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 42 of 42 January 3, 2022
Katherine Korsak
City of Clayton
6000 Heritage Trail
Clayton, CA 94517
Dear Katherine,
ClearGov provides unique budgeting and transparency software solutions for local government agencies: towns, cities, school districts, special districts, etc. More than 500 customers have purchased the ClearGov platform via sole source. Specifically, this letter confirms that ClearGov, Inc. is the sole source provider for the following products:
● ClearGov Operational Budgeting
● ClearGov Capital Budgeting
● ClearGov Digital Budget Book
● ClearGov Transparency
All of these products are proprietary software solutions for which ClearGov, Inc. exclusively owns all intellectual property rights, and these products are protected by copyrights, trademarks and service marks. In addition, there are no agents or dealers authorized to represent any of these ClearGov products.

Furthermore, no other company offers this combination of functions:
● Ability to collaboratively build a budget via a single, shared online workspace ● Collaborative workflow to assign and track budget requests by department ● Ability to automatically generate a baseline budget based on last year’s data ● Ability to add notes and supporting materials to any line item within the budget ● Integrated graphs provide visual feedback on budgeting process and historical trends ● Functionality to keep a thorough audit trail of all changes, comments and budget versions ● Functionality to create and customize multi-year forecasts, including what-if scenarios ● Ability to benchmark budget categories against any peer community within the state ● Workflow automation for collection personnel requests and changes ● A filterable dashboard summary of all personnel requests by type, department, etc. ● Workflow automation for collecting capital requests
● Personnel vacancy and furlough planning modules
● Collective bargaining scenario and what-if planning
ClearGov, Inc. | 2 Mill & Main; Suite 630 | Maynard, MA 01754 Phone: 855.553.2715 | www.cleargov.com
● Multi-year personnel budget scenario planning
● Ability to customize multiple capital request forms
● A dashboard summary of all capital projects by type, department, funding source, etc. ● Capital request scoring and ranking
● A capital budget scenario planning module to analyze and optimize resources ● Capital improvement website module with timelines and public commentary ● Prepopulated and preformatted Digital Budget Book template ● Automatically populate Digital Budget Book - charts and graphs - with budget data ● Collaborative workflow to assign and track Digital Budget Book creation ● Automatic data updates throughout Digital Budget Book - in text, charts and graphs ● Ability to upload images, spreadsheets and other objects into Digital Budget Book pages ● Infographic fiscal transparency module to present agency financial data ● Ability to add commentary/context to any/all panels within the transparency profile ● Ability to display budget vs. actuals and provide regular updates ● Open checkbook functionality to provide transparency at the check-level detail ● Customizable department dashboard to communicate key performance metrics ● Robust report builder and chart builder functionality in all key modules ● Data that can be updated regularly, at customer’s discretion ● ADA optimized, public-facing solutions
● AI driven data onboarding process
● And more...

We look forward to having the opportunity to work with you. Please let me know if you have any questions or require additional information.

Sincerely yours,
Bryan A. Burdick
President, ClearGov, Inc.
[email protected]
(508) 298-8062
ClearGov, Inc. | 2 Mill & Main; Suite 630 | Maynard, MA 01754 Phone: 855.553.2715 | www.cleargov.com
Examples of Local Governments Using ClearGov
Page, AZ - Open Checkbook, Digital Budget Book, Project, Dashboards, and more ● https://page-az.cleargov.com
City of Maplewood, MN - This is a good example of utilizing ClearGov’s public-facing project portal:
● https://cleargov.com/minnesota/ramsey/city/maplewood/projects City of Pismo Beach - ClearGov Digital Budget Book
● https://city-pismo-beach-ca-budget-book.cleargov.com/3390/introduction/transmittal-letter Morgantown, WV - Uses Open Checkbook and Department Dashboards on the Transparency profile:
● https://cleargov.com/west-virginia/monongalia/city/morgantown/checkbook Monte Sereno, CA - Uses ClearGov’s Digital Budget Book
● https://city-monte-sereno-ca-budget-book.cleargov.com/2803/introduction/transmittal-letter Martinez, CA - Uses ClearGov’s Digital Budget Book
● https://city-martinez-ca-budget-book.cleargov.com/2466/introduction/history-of-city Alpharetta, GA - Uses Open Checkbook to show detail down to the department and fund level detail ● https://cleargov.com/georgia/fulton/city/alpharetta/checkbook Paradise, CA - Uses ClearGov to display Capital Projects online ● https://www.townofparadise.com/recovery
ClearGov, Inc. | 2 Mill & Main; Suite 630 | Maynard, MA 01754 Phone: 855.553.2715 | www.cleargov.com
Agenda Item: 9(c)

STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: REINA SCHWARTZ, CITY MANAGER

KATHERINE KORSAK, FINANCE DIRECTOR
DATE: MARCH 15, 2022
SUBJECT: FY2021/22 Mid-Year Budget Review and Adoption of a Resolution Authorizing the Creation of a Separate Fund (232) for American Rescue Plan Act (ARPA) Revenues and Expenses

RECOMMENDATION
Following staff report and presentation, staff recommends that the City Council receive and accept the presentation on the FY2021/22 Mid-year Budget Review. Staff also recommends that the City Council approve the resolution for the creation of a new fund, Fund 232: American Rescue Plan Act Fund, and transfer all activity to date to this newly created fund.

BACKGROUND
Following a Public Hearing, on June 29, 2021 the City’s Budget for fiscal year 2021/22 was adopted by the City Council on June 29, 2021. The adopted budget for the City’s General Fund was balanced with projected revenues of $5,185,450 and total operating expenditures of $5,177,485. This resulted in an initial projected General Fund budgetary operating surplus of $7,965.

DISCUSSION
For the six months ended December 31, 2021, revenues and expenditures were analyzed and projected through June 30, 2022, to determine if the City is currently on track to be within its 2021/22 adopted budget.

I. General Fund Revenues
Due primarily to a potential decrease in in projected sales tax revenues, police permits and fees, planning service charges, fines and forfeitures, investment interest income and the Clayton Community Gym rental income, General Fund revenues are anticipated to decrease by approximately $42,008 (Attachment 1) when compared to the adopted Budget. Staff recommends waiting until June 2022 to review actuals and make a recommendation on final anticipated revenue losses, which could be made up using American Rescue Plan Act (ARPA) monies or reserves.

Subject: FY2021/22 Mid-Year Budget Review
Date: March 15, 2022

II. General Fund Expenditures:

General Fund Legislative Department 01 projects expenditures to be on budget.

General Fund Administration Department 02 projects expenditures to be slightly over budget by $2,431 due mostly in part to the one-time recruitment fee of $11,000 for the interim Finance Director (who was here from July 2021-October 2021). We have not completed the salary allocation for the administrative costs of the Clayton Cares Program to ARPA funds.

Once this is completed, we should see additional savings in salary as a portion of the total projected salary plus benefits costs will be allocated to Clayton Cares.

General Fund Public Works Department 03 projects expenditures to be slightly under budget by $3,447. However, there were additional cleaning costs due to the COVID-19 pandemic and HVAC repairs were slightly overbudget. There should be savings in other areas that will make up for these increased costs. However, it should be noted that all increased cleaning expenditures across all City departments and funds will be analyzed at year end for a recommendation to use American Rescue Plan dollars for these increased costs related to the pandemic.

General Fund Community Development Department 04 projects expenditures to be slightly under budget by $22,130 due to the hiring a new Community Development Director three months into the fiscal year. As a result, there are both salary and benefit savings.

General Fund General Services Department 05 projects expenditures to be slightly over budget by $15,647 due to slightly higher than expected insurance costs, unemployment insurance costs, OPEB retiree health contributions, new positive pay with Bank of America to protect our monies from fraud, and the implementation of a comprehensive update to the City’s 1993 general administrative policies including ongoing training and updates.

General Fund Police Department 06 projects expenditures to be slightly over budget by $33,880 mostly in part due to projected greater than expected Police Overtime Costs of $83,957. A savings in regular salaries helps to offset the increased overtime costs in the amount of $45,784. The increase in overtime was a direct result of the pandemic and staff will be recommending use of ARPA funding. There are some savings in CalPERS Retirement Unfunded Liability due to the fact that most police officers are now PEPRA rather than Classic employees and thus have lower retirement related costs.

General Fund Library Department 07 projects expenditures to be on budget.

General Fund Engineering Department 08 projects expenditures to be slightly higher than budget by $1,080 due to increased workload.

General Fund Community Park Department 09 projects expenditures to be less than the budget by $6,521 due to savings with the CalPERS Unfunded Liability also due to the fact that most employees are PEPRA rather than Classic.

Subject: FY2021/22 Mid-Year Budget Review
Date: March 15, 2022

III. Other Governmental Fund Revenues and Expenditures
Landscape District (LMD) Fund 210: The Trails and Landscape Committee met on March 7, 2022 to review the details of the 2021/22 mid-year budget for Fund 210. Revenues are currently on track at $665,169 received through 12/31/2021 and will make the budgeted revenue of $1,219,857. Expenditures are currently at 31% of the budgeted amount for the year.

American Rescue Plan Act (SLFRF) Funds – newly created Fund 232: Staff recommends creating a new fund, Fund number 232 to facilitate tracking of this federal award. These monies will be subjected to a single audit. Currently this grant resides in Fund 230 and project codes are used to identify the revenue and expenses associated with it. The use of a standalone fund will make it easier to use multiple project codes and track the revenue and expenses more effectively in the accounting system. Attachment 5 is a breakdown of the current details. The City will receive an additional $1,467,024 around July of 2022. To date we have used $678,142.24, $420,000 in the Clayton Cares Community Loan/Grant program and $232,000 in Essential Worker Pay for City Employees. Staff will return to the City Council with a recommendation closer to fiscal year end to allocate use of these funds for lost revenue directly caused by the pandemic and increased expenditures, also directly caused by the pandemic.

Rainy Day Fund 110: The Rainy Day Fund started the fiscal year with a beginning balance of $177,496. This fiscal year there have been two Council-approved resolutions (#52-2021 and #13-2022) directing the use of these funds for police radios and for research regarding a possible tax measure. Total ending fund balance is projected to be $113,971.

FISCAL IMPACT
Recommendation in the month of June/July 22 to appropriate funds from the American Rescue Plan Act Grant for lost revenue directly caused by the pandemic and increased expenditures, also directly caused by the pandemic.

Attachments
Attachment 1: General Fund Revenues
Attachment 2: General Fund Departmental Operating Budget Expenditure Summary Level Attachment 3-11: Details of Expenditures by Department
Attachment 12: American Rescue Plan Act Summary YTD
Attachment 13: Rainy Day Fund Summary

ATTACHMENT
Resolution No. ##-2022 ARPA Fund Page 1 of 2 March 15, 2022 RESOLUTION NO. ##-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAYTON AUTHORIZING THE CREATION OF A SEPARATE FUND (232) FOR AMERICAN

RESCUE PLAN ACT REVENUES AND EXPENSES

THE CITY COUNCIL
City of Clayton, California
WHEREAS, in July 2021, the City of Clayton received the first tranche of American Rescue Plan Act (ARPA) funds in the amount of $1,467,024; WHEREAS, the US Treasury issued the Final Rule on allowable uses of ARPA funds in January 2022;
WHEREAS, all uses of ARPA funds must be tracked to ensure compliance and to complete necessary audits; and
WHEREAS, segregating all uses of ARPA funds in a single Fund will improve transparency and accountability.

NOW, THEREFORE, BE IT RESOLVED the City Council of Clayton, California does hereby:

Authorize the creation of a separate Fund – 232 – to account for all American Rescue Plan Act revenues and expenses.

PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California held on the 15th day of March, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

THE CITY COUNCIL OF CLAYTON, CA

ATTACHMENT
Resolution No. ##-2022 ARPA Fund Page 2 of 2 March 15, 2022 ________________________________
Peter Cloven, Mayor
ATTEST:
____________________________
Janet Calderon, City Clerk
Description Account
Number
Actual Prior
Year Revenue
2020-21
Budgeted
Revenue
2021-22
Actuals
Through 12-31-
2021
Projected Revenue
2021-22
Variance
2021-22
Budget vs.

Projected
Actual
Secured Property Taxes:

Property Taxes In-Lieu of VLF 4100 1,093,525 1,137,266 566,176 1,137,266 - Property Taxes - Secured 4101 964,432 992,164 546,101 992,164 - RPTTF Distribution 4108 447,771 464,424 243,908 464,424 - Total Secured Property Taxes 2,505,728 2,593,854 1,356,185 2,593,854 - -
Property Taxes - Unsecured 4102 43,102 40,000 36,068 40,000 - Property Taxes - Unitary Tax 4103 15,048 15,349 9,047 16,449 1,100 Property Taxes - Supplemental 4104 24,831 2,300 5,099 39,223 36,923 Property Taxes - Other 4106 8,975 9,100 - 9,100 -
Sales and Use Tax 4301 510,029 585,965 222,444 585,965 - Real Property Transfer Tax 4502 125,221 112,000 63,414 112,000 - Business Licenses 5101 90,872 150,000 133,984 150,000 - CCC Building Permit Remit Fees 5103 81,134 80,000 42,576 80,000 - Engineering Service Fees 5106 6,407 5,457 5,062 5,457 - Public Safety Allocation 5201 99,966 103,531 38,088 103,722 191 Abandoned Veh Abate (AVA) 5202 6,385 5,600 1,352 5,600 - Motor Vehicle In-Lieu 5203 8,315 8,320 13,017 13,017 4,697 Other In-Lieu of Taxes 5205 171,029 174,389 87,249 174,497 108 POST Reimbursements 5214 4,145 6,000 1,879 6,000 -
State Mandated Cost Reimbursement 5217 2,620 - - - -
Planning Permits/Fees 5301 10,903 11,115 6,415 11,115 - Police Permits/Fees 5302 7,242 20,000 4,737 12,000 (8,000) City Hall Rental Fees 5303 - 200 - 200 -
Planning Service Charges 5304 41,367 48,000 4,962 20,000 (28,000) Well Water Usage Charge 5306 7,725 6,000 1,930 6,000 -
Misc. City Services 5319 52 100 108 108 8
Fiduciary Funds Administration 5322 271,471 272,151 - 272,151 - Franchises - Comcast Cable 5401 198,606 204,400 104,330 208,616 4,216 Franchises - Garbage Fees 5402 211,855 216,000 106,625 216,000 - Franchises - PG&E 5403 139,858 140,000 - 140,000 -
Franchises - Equilon Pipe 5404 17,006 17,193 17,892 17,892 699 AT&T Mobility Franchise Fees 5405 25 100 - 100 -
Fines and Forfeitures 5501 33,487 32,800 12,391 24,782 (8,018) Interest 5601 113,321 86,000 13,199 52,796 (33,204)
Park Use Fee 5602 11,722 14,000 9,129 18,258 4,258
Meeting Room Fee 5603 318 3,000 1,877 3,754 754
Inv. Premium/Discount 5605 - - - -
Unrealized Inv. Gain/Loss 5606 (50,967) - - - -
Cattle Grazing Lease Rent 5608 10,526 10,710 10,710 10,710 - Cell Tower Lease Rent 5609 36,627 37,587 18,724 37,587 - Clayton Community Gymnasium Rent 5613 5,900 18,600 - (18,600) - Reimbursements/Refunds 5701 - 1,000 - 1,860 860
CCLF Contributions 5703 - - 6,743 - -
Other Revenues 5790 53,207 8,000 5,944 8,000 -
Overhead Cost Recovery 5791 16,086 11,000 11,000 -
Tfr From Grants Fd for Eligible Recycling 6019 14,814 10,000 10,000 10,000 - Admin Expense Recovery: - -
Measure J Fund 6002 4,890 5,076 5,076 5,076 -
HUTA Gas Tax Fund 6004 8,150 8,460 8,460 8,460 -
Neighborhood Street Lights Fund 6005 12,530 13,006 13,006 13,006 - GHAD Fund 6006 7,870 8,169 8,169 8,169 -
Landscape Maintenance CFD Fund 6007 39,190 40,679 40,679 40,679 - The Grove Park CFD Fund 6011 7,970 8,273 8,273 8,273 -
Stormwater Assessment Fund 6016 40,430 41,966 41,966 41,966 - Total Revenues 4,975,988 5,185,450 2,476,809 5,143,442 (42,008)

CITY OF CLAYTON PROPOSED GENERAL FUND REVENUE BUDGET
Mid Year Budget 2021-22
Attachment 1
20/21 2021-2022 2021-2022 2021-2022 2020-21
Actual Adopted Actual Projected Variance
DEPARTMENT Budget 12/31/2021 Budget vs. Projected
LEGISLATIVE 52,922 63,471 27,849 63,471 0
ADMIN / FINANCE / LEGAL 1,004,993 1,055,988 575,734 1,058,419 (2,431) PUBLIC WORKS 185,454 201,462 102,636 198,015 3,447
COMMUNITY DEVELOPMENT 290,223 343,416 150,673 321,313 22,103 GENERAL SERVICES 208,892 252,597 225,663 268,244 (15,647) POLICE 2,354,213 2,689,035 1,480,347 2,722,915 (33,880) LIBRARY 98,874 127,181 47,282 127,181 0
ENGINEERING 146,202 137,835 59,523 138,915 (1,080)
COMMUNITY PARK 174,151 306,500 92,539 299,979 6,521
TOTAL 4,515,924 5,177,485 2,762,246 5,198,452 (20,967)

GENERAL FUND DEPARTMENTAL OPERATING BUDGETS

SUMMARY
Attachment 2
City of Clayton
Legislative Department 01
Mid Year Budget 2021-22
2020-21 2021-2022 2021-2022 2021-2022
Account Account Actual Adopted Actual Projected
Number Name Budget 12/31/2021
7115 City Council Comp 28,200 28,200 14,534 28,200
7220 PERS Retirement - Normal Cost 251 - -
7221 PERS Retirement - Unfunded Liability 2,767 - -
7231 Workers Comp Insurance 1,093 956 1,582 956
7232 Unemployment Insurance - 1,748 - 1,748
7233 FICA Taxes 2,012 2,157 1,079 2,157
7321 Printing and Binding - 300 - 300
7324 Dues and Subscriptions 11,351 13,660 4,489 13,660
7362 City Promotional Activity 5,646 4,500 5,565 4,500
7363 Business Meeting Expense - 250 - 250
7372 Conferences/Meetings 1,500 1,700 - 1,700
7373 Education & Training - 600 -
7382 Election Services 332 - - -
7413 Legal Services - - -
7419 Other Prof. Services (230) 10,000 - 10,000
Total Operating Expenditures 52,922 63,471 27,849 63,471 Attachment 3
City of Clayton
Admin / Finance / Legal Department 02
Mid Year Budget 2021-22
2020-21 2021-2022 2021-2022 2021-2022
Account Account Actual Adopted Actual Projected
Number Name Budget 12/31/2021
7111 Salaries/Regular 589,797 622,698 301,337 617,865
7112 Temporary Salaries - -
7218 LTD/STD Insurance 5,376 5,191 2,156 4,674
7219 Deferred Compensation Retirement 2,585 4,800 2,400 7,200 7220 PERS Retirement - Normal Cost 60,762 60,278 28,239 60,063 7221 PERS Retirement - Unfunded Liability 58,664 77,368 74,794 74,794 7231 Workers Comp Insurance 23,205 21,107 19,103 21,107 7232 Unemployment Insurance - 2,604 - 2,604
7233 FICA Taxes 14,752 9,029 4,691 9,382
7241 Auto Allowance/Mileage 8,755 9,540 4,470 9,540
7246 Benefit Insurance 90,336 88,388 40,376 80,751
7301 Recruitment/Pre-employment -
7324 Dues and Subscriptions 454 2,278 1,894 2,278
7332 Telecommunications 6,774 6,860 3,355 6,710
7371 Travel - 100 - 100
7372 Conferences/Meetings 654 1,225 3,329 3,329
7373 Education and Training 6,500 387 (296) 6,500
7389 Miscellaneous - 11,006 2,500
7411 Legal Services Retainer 81,197 73,332 32,295 73,332 7413 Special Legal Services 14,352 6,000 3,010 6,000
7414 Auditing and Financial Reporting Services 29,262 39,350 11,822 39,350 7415 Computer/IT Services - - 7,049 -
7419 Other Prof. Services 17,651 19,340 24,704 30,340
7481 Bank Service Charge 30 - - -
Total Operating Expenditures 1,004,993 1,055,988 575,734 1,058,419 Capital Outlay & Other One Time Expendiures
7485 Capital Outlay - -
8111 (00) Transfer to Pension Stabilization Fund - -
Total Capital Outlay & Other One Time Exp. - - - -
Total Expenditures 1,004,993 1,055,988 575,734 1,058,419 Attachment 4
City of Clayton
Public Works Department 03
Mid Year Budget 2021-22
2020-21 2021-2022 2021-2022 2021-2022
Account Account Actual Adopted Actual Projected
Number Name Budget 12/31/2021
7111 Salaries/Regular 20,253 27,738 3,436 27,738
7112 Temporary Help 663 1,122 - 1,122
7113 Overtime 830 1,000 323 1,000
7218 LTD/STD Insurance 197 240 19 240
7220 PERS Retirement - Normal Cost 1,799 2,563 231 2,563 7221 PERS Retirement - Unfunded Liability 926 3,446 24,125 3,446 7231 Workers Comp Insurance 1,312 1,053 953 1,053
7232 Unemployment Insurance - 340 - 340
7233 FICA Taxes 106 503 2 503
7246 Benefit Insurance 3,792 5,018 419 5,018
7301 Recruitment/Pre-employment 190 500 363 500
7311 General Supplies 6,635 10,000 3,261 10,000
7331 Rentals/Leases - 129 129
7332 Telecommunications 5,107 4,915 2,023 4,915
7335 Gas & Electric Serv. 47,346 47,000 20,414 47,000
7338 Water Service 15,711 20,000 9,440 20,000
7340 Traffic Safety Supplies - - 10 10
7341 Buildings & Grounds Mtn 7,736 15,250 10,538 15,250 7342 Machinery/ Equip Maint. 7,011 1,750 22 1,750
7343 Vehicle Maintenance 785 1,500 249 1,500
7344 Vehicle Gas, Oil, and Supplies 973 1,100 156 1,100 7346 HVAC Mtn & Repairs 31,874 12,000 13,451 13,451
7347 Deferred Mtn Projects 675 -
7373 Education and Training 675 2,000 2,280 2,000
7411 Legal Services Retainer 88 1,164 155 1,164
7417 Janitorial Services 13,331 12,500 7,731 15,463
7419 Other Prof. Services 0 - - -
7429 Animal/Pest Control Services 1,956 2,760 859 2,760 7435 Contract Seasonal Labor 488 3,000 2,047 3,000
7440 Tree Trimming Services 4,995 5,000 - 5,000
7486 CERF Charges/Depreciation 10,000 10,000 - 10,000
NEW Dog Park Operating Costs - 8,000 - -
Total Operating Expenditures 185,454 201,462 102,636 198,015 Attachment 5
City of Clayton
Community Dev Department 04
Mid Year Budget 2021-22
2020-21 2021-2022 2021-2022 2021-2022
Account Account Actual Adopted Actual Projected
Number Name Budget 12/31/2021
7111 Salaries/Regular 184,689 199,274 82,632 187,382
7112 Temporary Salaries -
7113 Overtime - -
7115 Planning Commission Comp 6,960 7,200 1,440 7,200
7218 LTD/STD Insurance 1,258 1,728 484 1,728
7220 PERS Retirement - Normal Cost 16,760 21,554 8,323 18,998 7221 PERS Retirement - Unfunded Liability 19,568 24,759 23,935 24,759 7231 Workers Comp Insurance 7,800 6,755 6,114 6,755
7232 Unemployment Insurance - 868 - 868
7233 FICA Taxes 2,008 2,889 892 2,889
7241 Auto Allowance/Mileage 3,185 4,140 1,327 3,397
7246 Benefit Insurance 26,819 37,619 10,053 30,707
7323 Books/Periodicals - 200 - 200
7324 Dues and Subscriptions - 950 - 950
7332 Telecommunications 705 700 335 700
7371 Travel 3,000 500 - 500
7372 Conferences/Meetings - 1,500 27 1,500
7373 Education and Training 2,000 1,099 - 2,000
7380 Recording Fees - 500 - 500
7384 Legal Notices 841 2,000 1,171 2,000
7411 Legal Services Retainer 9,179 23,280 3,450 17,790
7413 Special Legal Services 333 5,000 10,490 10,490
7419 Other Professional Services 6,019 - - -
Total Operating Expenditures 290,223 343,416 150,673 321,313 Capital Outlay & Other One Time Expenditures
7419 Prof. Svc. - Open Space Studies
7485 Capital Outlay - -
Total Capital Outlay & One Time Expenditures - - - -
Total Expenditures 290,223 343,416 150,673 321,313
Attachment 6
City of Clayton
General Services Department 05
Mid Year Budget 2021-22
2020-21 2021-2022 2021-2022 2021-2022
Account Account Actual Adopted Actual Projected
Number Name Budget 12/31/2021
7232 Unemployment Insurance 7,856 1,511 1,511
7247 OPEB Expense 15,228 15,100 7,722 17,109
7301 Recruitment/Pre-employment 460 30,000 21,087 21,087 7312 Office Supplies 3,373 8,000 5,437 8,000
7314 Postage 2,392 4,500 1,500 4,500
7321 Printing and Binding 1,500 1,002 677 1,500
7331 Rentals/Leases 17,780 16,438 10,720 18,310
7332 Telecommunications 4,633 5,000 2,798 4,739
7351 Insurance Premiums 127,359 145,349 150,141 150,141 7364 Employee Recognition 578 1,500 1,351 1,500
7381 Property Tax Admin Cost 9,023 9,300 140 9,300
7415 Computer/IT Services (2,500) -
7419 Other Prof. Services 15,355 10,800 17,498 22,962
7420 Merchant Fees 6,353 5,110 5,081 7,585
Total Operating Expenditures 208,892 252,597 225,663 268,244 Capital Outlay & Other One Time Expenditures
7419 Prof. Svc. - Digital Img. & Searchable Muni Code
Total Expenditures 208,892 252,597 225,663 268,244
Attachment 7
City of Clayton
Police Department 06
Mid Year Budget 2021-22
2020-21 2021-2022 2021-2022 2021-2022
Account Account Actual Adopted Actual Projected
Number Name Budget 12/31/2021 Budget
7111 Salaries/Regular 1,026,721 1,205,892 569,529 1,160,108 7112 Temporary Help - -
7113 Overtime 131,663 100,000 108,197 183,957
7116 Part-time Salaries - 6,125 2,169 6,125
7218 LTD/STD Insurance 7,538 10,455 4,514 10,455
7219 Deferred Compensation Retirement 2,700 2,700 1,350 2,700 7220 PERS Retirement - Normal Cost 152,410 176,439 79,376 176,439 7221 PERS Retirement - Unfunded Liability 243,966 199,180 235,850 235,850 7231 Workers Comp Insurance 44,163 41,082 37,182 41,082 7232 Unemployment Insurance - 5,588 - 5,588
7233 FICA Taxes 17,296 19,404 9,772 19,404
7241 Auto Allowance/Mileage 4,800 4,800 2,400 4,800
7242 Uniform Allowance 9,000 9,000 11,400 11,400
7246 Benefit Insurance 162,120 168,962 75,877 162,223
7301 Recruitment/Pre-employment 4,436 5,000 8,859 8,859 7311 General Supplies 8,558 17,000 9,414 17,000
7312 Office Supplies 3,873 5,000 2,028 5,000
7313 Small Tools & Equipment - - 327 -
7314 Postage 274 100 253 527
7323 Books and Periodicals 284 400 - 253
7324 Dues and Subscriptions 11,242 10,200 10,029 10,029 7325 EBRCSA system user fee 10,077 10,800 11,540 11,540 7332 Telecommunications 15,220 20,000 7,576 20,000
7342 Machinery/ Equip Maint. 605 2,000 314 2,000
7343 Vehicle Maintenance 22,046 30,000 6,170 30,000
7344 Vehicle Gas, Oil, and Supplies 30,071 40,000 17,965 40,000 7345 Office Equip. Maint. & Repairs 2,018 3,200 1,123 3,200 7363 Business Meeting Expense - 200 - 200
7364 Employee Recognition - 200 - 200
7365 Volunteer Appreciation - -
7371 Travel - -
7373 Education and Training 10,381 15,000 5,376 15,000
7408 Crossing Guard Services (1,813) 28,000 10,928 28,000 7411 Legal Services Retainer 8,723 11,640 5,726 11,640
7413 Special Legal Services 15,957 5,000 6,598 6,598
7417 Janitorial Services 4,082 3,000 1,350 3,000
7419 Other Prof. Services 7,482 4,000 839 4,000
7424 Dispatch Services 293,027 307,755 179,479 307,678
7425 Lab Fees 5,658 10,000 9,578 10,000
7426 Jail Booking Fee - 5,500 - 5,500
7427 Cal ID Services 13,290 13,000 - 13,582
7429 Animal/Pest Control Services 76,264 75,627 38,489 76,978 7433 Integrated Justice System (ACCJIN + ARIES) 11,173 12,000 8,770 12,000 7438 Parking Enforcement - Regency Drive - - - -
7486 CERF Charges/Depreciation 43,694 60,000 - 60,000
Total Operating Expenditures 2,354,213 2,689,035 1,480,347 2,722,915 Capital Outlay & Other One Time Expenditures
7485 Capital Outlay - -
7419 Professional Services - DOJ Data Connect - -
Total Capital Outlay & Other One Time Exp. - - - -
Total Expenditures 2,354,213 2,689,035 1,480,347 2,722,915 Attachment 8
City of Clayton
Library Department 07
Mid Year Budget 2021-22
2020-21 2021-2022 2021-2022 2021-2022
Account Account Actual Adopted Actual Projected
Number Name Budget 12/31/2021
7111 Salaries/Regular 1,698 7,925 472 7,925
7112 Temporary Help - -
7113 Overtime - -
7218 LTD/STD Insurance 22 69 4 69
7220 PERS Retirement - Normal Cost 160 732 48 732
7221 PERS Retirement - Unfunded Liability 182 985 65 985 7231 Workers Comp Insurance 296 269 243 269
7232 Unemployment Insurance - 52 - 52
7233 FICA Taxes 29 115 7 115
7246 Benefit Insurance 252 1,434 60 1,434
7311 General Supplies 0 -
7332 Telecommunications 2,398 2,500 2,537 2,500
7335 Gas & Electric Serv. 56,434 58,000 22,610 58,000
7338 Water Service 2,339 2,300 1,071 2,300
7341 Buildings & Grounds Maintenance 9,196 14,300 3,770 14,300 7343 Vehicle Maintenance 58 500 79 500
7344 Vehicle Gas, Oil, and Supplies 84 500 32 500
7346 HVAC Mtn & Repairs 3,537 8,500 2,414 8,500
7413 Legal Services -
7417 Janitorial Services 7,278 20,000 11,728 20,000
7423 Extra & Sunday Operating Hours 11,344 - - -
7429 Animal/Pest Control Services 1,572 2,000 822 2,000 7435 Contract Seasonal Labor 2,000 1,272 2,000
7440 Tree Trimming Services 1,995 5,000 - 5,000
Total Operating Expenditures 98,874 127,181 47,282 127,181 Attachment 9
City of Clayton
Engineering Department 08
Mid Year Budget 2021-22
2020-21 2021-2022 2021-2022 2021-2022
Account Account Actual Adopted Actual Projected
Number Name Budget 12/31/2021
7324 Dues and Subscriptions 3,319 3,300 299 3,300
7410 Professional Engineering Services 123,369 127,051 51,160 127,051 7411 Legal Services Retainer 13,822 6,984 8,064 8,064
7412 Engineering Inspections - -
7419 Other Professional Services 899 500 - 500
4,793
Total Operating Expenditures 146,202 59,523 137,835 138,915 Capital Outlay & Other One Time Expenditures
7419 Prof. Svc. - Local Hazard Mitigation Plan
7485 Capital Outlay
8111 Transfer to CIP Fd - Green Infrastructure Plan
Total Capital Outlay & Other One Time Exp. - - - -
Total Expenditures 146,202 137,835 59,523 138,915
Attachment 10
City of Clayton
Community Park Department 09
Mid Year Budget 2021-22
2020-21 2021-2022 2021-2022 2021-2022
Account Account Actual Adopted Actual Projected
Number Name Budget 12/31/2021
7111 Salaries/Regular 56,804 55,477 14,171 55,477
7112 Temporary Help 3,137 3,978 - 3,978
7113 Overtime 882 2,000 612 2,000
7218 LTD/STD Insurance 552 481 110 481
7220 PERS Retirement - Normal Cost 5,096 5,125 1,353 5,125 7221 PERS Retirement - Unfunded Liability 5,802 6,893 1,926 1,926 7231 Workers Comp Insurance 2,521 2,229 2,017 2,229
7232 Unemployment Insurance - 923 - -
7233 FICA Taxes 1,249 1,138 253 507
7246 Benefit Insurance 9,299 2,598 10,036 10,036
7307 Irrigation Supplies 4,303 5,000 - 5,000
7311 General Supplies 3,814 9,300 1,154 9,300
7331 Rentals/Leases - - 1,256
7335 Gas & Electric Serv. 2,241 2,100 37,228 2,100
7338 Water Service 32,177 134,700 4,098 134,700
7341 Buildings/Grounds Maintenance 12,080 10,500 543 10,500 7342 Equipment Maintenance - 5,000 5,000
7343 Vehicle Maintenance 1,978 2,500 1,308 2,500
7344 Vehicle Gas, Oil, and Supplies 2,718 3,500 908 3,500 7417 Janitorial Services 10,258 13,600 6,480 13,600
7429 Animal/Pest Control Services 5,228 9,020 614 9,020 7435 Contract Seasonal Labor 6,017 11,000 3,910 11,000
7440 Tree Trimming Services 7,995 12,000 12,000 12,000
Total Operating Expenditures 174,151 306,500 92,539 299,979 Attachment 11
City of Clayton
American Rescue Plan Act
Mid Year Budget 2021-22
20/21 2021-2022 2021-2022 2021-2022
Account Account Actual Adopted Actual Projected
Number Name Budget 12/31/2021
7312 Office Supplies - 775 1,500
7419 Other Professional Services 20,600 30,000
7700 Clayton Cares 420,000 720,000
7111 Essential Worker Pay 232,432 232,432
7111 Clayton Cares Salary Allocation from Administration - - 7232 Unemployment - 971 971
7233 FICA - 3,364 3,364
Total Expenditures - - 678,142 988,267
5287 American Rescue Plan Act - 1,467,024 1,467,024
5601 Interest
5606 Unrealized Inv. Gain/Loss
-
- -
Total Revenue - - 1,467,024 1,467,024
Increase (Decrease) in Fund Balance - - 788,882 478,757 Beginning Fund Balance - - - -
Ending Fund Balance - - 788,882 478,757
Attachment 12
City of Clayton
Rainy Day Fund Fund 110
Mid Year Budget 2021-22
20/21 2021-2022 2021-2022 2021-2022
Account Account Actual Adopted Actual Projected
Number Name Budget 12/31/2021
7111 Completion of Prior City Manager Contractual Obligation 118,773 - - 7382 Election Services - November 2020 City Council Election 9,835 - 7408 Crossing Guard Services - Additional (3rd) Crossing Guard at School 4,200 - 7417 Janitorial Service - Additional Covid 19 Costs 2,500 - 7419 Survey for Tax Measure 30,000
7486 CERF Charges - Police Radios 33,525 33,525
7486 CERF Charges - Additonal Police Vehicle 16,306 - - 8111 Transfer to CIP 330,000
Total Expenditures 481,614 - 33,525 63,525
5601 Interest 827 3,000
5606 Unrealized Inv. Gain/Loss 3,193
6001 Transfer from General Fund - 6/30/19 Operational Excess - 6001 Transfer from General Fund - Remaining Green Infrastructure Allocation - 6001 Transfer from General Fund - 6/30/20 Operational Surplus 655,090 - - Total Revenue 659,110 3,000 - -
Increase (Decrease) in Fund Balance 177,496 3,000 (33,525) (63,525) Beginning Fund Balance - - 177,496 177,496
Ending Fund Balance 177,496 3,000 143,971 113,971
Attachment 13
Agenda Item: 9(d)

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: REINA J. SCHWARTZ, CITY MANAGER
DATE: MARCH 15, 2022
SUBJECT: ADOPT A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR CM THROUGH JUNE 30, 2023 WITH UP TO

FOUR ONE-YEAR RENEWALS, FOR CITY ENGINEERING SERIVCES,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT

AND APPOINTING LARRY THEIS, PE AS CITY ENGINEER FOR THE CITY

OF CLAYTON
___________________________________________________________________________

RECOMMENDATION
It is recommended that the City Council, by Resolution, approve a Professional Services Agreement with Anchor CM for contract City Engineer services through June 30, 2023, with up to four one-year renewals by mutual agreement, authorize the City Manager to execute the Agreement and appoint Larry Theis, PE as the City Engineer for the City of Clayton.

BACKGROUND
Since August 2017, the City has contracted with the firm Harris & Associates, Inc. for professional engineering services including serving as the contract City Engineer for the City of Clayton. The current amendment to the agreement with Harris & Associates expires on March 31, 2022. Given changes in staffing at Harris that have limited the ability of Harris to adequately support Clayton for city engineering, in January 2022, the City issued a Request for Qualifications for a new firm to serve as City Engineer and General Manager of the Oakhurst Geological Hazard Abatement District (GHAD).

DISCUSSION
A total of five firms submitted proposals to serve as City Engineer and Oakhurst GHAD General Manager. The firms that submitted were: Kennedy & Associates, Coastland, Freyer & Laureta, SNG & Associates, Inc., and Anchor CM.

The proposals were reviewed by internal staff as well as by an outside engineering expert.

The top two ranked firms, Kennedy & Associates and Anchor CM were interviewed by the City Manager and Assistant to the City Manager. Based on the completeness of their proposal, the technical breadth and depth of their team and their familiarity with engineering Subject: Adopt a Resolution of the City Council of the City of Clayton approving a professional services agreement with Anchor CM for city engineer services including serving as City Engineer, Authorizing the City Manager to execute the Agreement and Appointing Larry Theis, PE as City Engineer Date: March 15, 2022

and public works within Contra Costa County, the top firm was determined to be Anchor CM.

Anchor’s proposal is attached to this report.

The principal with Anchor CM who will serve as the City Engineer for the City of Clayton is Larry Theis, PE, who was most recently the Public Works Director and previously the City Engineer for the City of Orinda, prior to joining Anchor CM. In addition to Mr. Theis and staff at Anchor CM, the firm has also partnered with a number of other firms to bring further expertise to the table including CSG (development review); Advanced Mobility Group (traffic and transportation); BSK Associates (geotechnical, inspection and materials testing); and Francisco & Associates (assessment districts).

FINANCIAL IMPACT
Under the current agreement with Harris & Associates, the City pays on an hourly basis for all of the services required related to city engineering including the work of the named City Engineer, general engineering tasks including separately billed capital projects, over-thecounter permits, development project review and assessment district management. The cost per month of the services varies as do the funding sources. The average for monthly City Engineer services has been approximately $11,500-$12,000, with additional charges to special projects, permits etc. for eligible expenses.

The proposed fees for the Anchor CM agreement are very similar to that in place currently with Harris. For example, the current rate for the City Engineer through Harris is $267/hour; the proposed hourly rate for the new City Engineer is $239/hour. Rates for other services and specialties are also similar. The proposed agreement will have a monthly retainer of $12,000; hours and work will be tracked specifically and if hours begin to vary significantly from the assumptions behind the retainer amount, the City and Anchor have agreed to meet to discuss any additional adjustments. Overall, it is anticipated that the new agreement will result in costs similar to the current agreement so no budget adjustment is requested for the current fiscal year. When the FY2022/23 Budget is introduced, any adjustments in overall budgeted amounts for Engineering will be brought forward.

Attachment:1: Resolution
Attachment 2: Professional Services Agreement with Anchor CM Attachment 3: Clayton Request for Proposals for City Engineer/Oakhurst GHAD General Manager Attachment 4: Proposal from Anchor CM
Attachment 1
Resolution ##-2022 City Engineer Anchor CM March 15, 2022 RESOLUTION NO. ##-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAYTON APPROVING

A PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR CM THROUGH JUNE 30, 2023 WITH UP TO FOUR ONE-YEAR RENEWALS, FOR CITY ENGINEERING

SERVICES, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT

AND APPOINTING LARRY THEIS, PE AS CITY ENGINEER FOR THE CITY OF

CLAYTON

THE CITY COUNCIL
City of Clayton, California
WHEREAS, the City of Clayton has contracted since 2017 with the firm Harris & Associates for city engineering services including a designated City Engineer; WHEREAS, the current agreement with Harris & Associates expires March 31, 2022; WHEREAS, changes in staffing have limited the ability of Harris & Associates to adequately support the City of Clayton;
WHEREAS, the City of Clayton issued a Request for Proposals in January 2022 for city engineering services including serving as City Engineer; WHEREAS, the City received a total of five proposals which were evaluated and ranked and then the top two firms were interviewed; and
WHEREAS, the top-ranked firm was Anchor CM based on the completeness of their proposal, the technical breadth and depth of their team and their familiarity with engineering and public works in Contra Costa County.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Clayton, California, does hereby:

1. Approve a Professional Services Agreement with Anchor CM for city engineering services including serving as City Engineer for the period of March 15, 2022 through June 30, 2023 with up to four one-year extensions authorized by mutual agreement of the parties;

2. Appoint Larry Theis, PE as City Engineer for the City of Clayton; and

3. Authorize the City Manager to execute the Agreement.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Clayton, California, at a regular public meeting thereof held on the 15th day of March, 2022, by the following vote:

AYES:

NOES:

Attachment 1
Resolution ##-2022 City Engineer Anchor CM March 15, 2022 ABSENT:

ABSTAIN:

THE CITY COUNCIL OF CLAYTON, CA
Peter Cloven, Mayor
ATTEST:

Janet Calderon, City Clerk
1 CITY OF CLAYTON

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of March 15, 2022 by and between the City of Clayton, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 6000 Heritage Trail, Clayton, California 94517 (“City”), and Anchor CM, a California S-Corporation with its principal place of business at 3685 Mt. Diablo Blvd, Suite 345, Lafayette, CA, 94549 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services related to City engineering and assessment district services (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B”, Consultant’s Proposal, as modified to reflect an initial monthly retainer of $12,000, to be evaluated periodically. b. The Schedule of Charges may be adjusted by mutual agreement of the City and the Consultant once annually after the first term of the agreement (through June 30, 2023).

The rates shall be adjusted by the CPI-U San Francisco-Oakland-Hayward, April to April. In no case shall the adjustment be less than 3% annually or more than 5% annually. c. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed including work completed and hours of services rendered by Consultant. Payments to Consultant for work performed will be made on a monthly billing basis.
2 3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Time of Performance.

Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The initial term of this Agreement is March 15, 2022 through June 30, 2023. The Agreement may be extended by written amendment and mutual agreement of the parties.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
3 8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or equivalent.
(iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract 4 (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period 5 required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include limited contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
6 g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
7 i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, and employees free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. To the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s obligations under the above indemnity shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, but shall not otherwise be reduced. If Consultant’s obligations to defend, indemnify, 8 and/or hold harmless arise out of Consultant’s performance of “design professional services” (as that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final adjudication that liability under a claim is caused by the comparative active negligence or willful misconduct of the City, Consultant’s obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
9 14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. Reserved.

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Contra Costa, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign Larry Theis, PE as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 10 20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Clayton
6000 Heritage Trail
Clayton, CA 94517
Attn: Reina J. Schwartz
CONSULTANT:

Anchor CM
3685 Mt. Diablo Blvd, Suite 345
Lafayette, CA 94549
Attn: Larry Theis, PE
and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not 11 render the provisions unenforceable, invalid or illegal.

26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

28. Time of Essence
Time is of the essence for each and every provision of this Agreement.

29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

31. Disputes
In the event of any dispute between the Parties related to this Agreement, the Parties agree to first negotiate in good faith toward a resolution with participation by representatives of each Party holding sufficient authority to resolve the dispute. If such dispute cannot be resolved in this manner, before any action or litigation is initiated other than as required to secure lien rights, and upon mutual agreement of the parties, the dispute shall be submitted to mediation using the American Arbitration Association or another mediator as mutually selected by the Parties. Such mediation shall be completed within a reasonable period of time following either Party’s written demand with each Party to bear an equal share of the mediation fees and its own respective attorney and consultant fees and costs.
[SIGNATURES ON FOLLOWING PAGE]
12 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF CLAYTON

AND ANCHOR CM
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF CLAYTON Anchor CM
By: By:

Reina J. Schwartz Its:

City Manager
ATTEST:

By:

City Clerk
Larry Theis, PRESIDENT
13 EXHIBIT A

1. City Engineering Services
The role of the City Engineering includes the administration of engineering related processes and procedures. These duties include:
• Assist in CIP scoping, prioritization, and budgeting
• Representation as City Engineer at internal and agency meetings • Approval of permits and waivers
• Availability to the public and private developers to handle matters dealing with the engineering functions of City government
• Coordination with other agencies for the review of plans, projects and studies • Assistance in the solicitation of proposals for CIP design work • Assistance in the procurement of contractors and vendors for public works construction.

The City Engineer will also address failed infrastructure for immediate safety concerns and coordinate preliminary opinion on repair approach as well as coordinate with Maintenance staff on the maintenance, operations, and repair of public facilities.

City Engineer should be familiar with:
• Various regional, state and federal transportation funding entities and the application process, fund/project management and reporting requirements for those entities.
• The San Francisco Regional Water Quality Control Board Municipal Regional permit (MRP) 2.0 and the upcoming MRP 3.0, including annual report preparation and submittal.
• Contra Costa Clean Water Program and applicable C-3 Guidebook.

2. General Engineering Services (Non-General Fund Capital Projects) The firm is to provide access to specialized technical staff ready to perform studies, designs, project and construction management on any tasks or projects the City identifies.

These efforts include the preparation of site evaluations, planning and preliminary engineering reports, plans and specifications for CIP construction projects, along with detailed schedules and cost estimates. This work would also include any necessary field work, drafting, design, surveying, environmental documents, bid assistance, construction management & inspection, and project management – as well as the preparation of specialized engineering studies on a variety of subjects including, but not limited to drainage studies, traffic studies, and pavement evaluations.

3. Land Development Review and Permitting Services
14 The firm is to provide staffing to represent the City and interact with the public in processing the City’s public permit applications. This work includes plan check for civil engineering design plans which includes, but is not limited to street, sewer, water, stormwater, recycled water, green infrastructure, storm drain, fiber optic, grading, erosion control, signing & striping, street lighting, traffic signal and all related engineering studies, including hydrology and hydraulics, soils, water and sewer studies and structural analyses. It should be noted that water service for the City of Clayton is provided by Contra Costa Water District. Sewer service is provided by the City of Concord including maintenance, plan review and sewer capital projects.

4. Annual Administration/Assessments Levy Services
i. The City currently has seven (7) districts (listed below) that require the services listed below for annual administration and assessment levies. It should be noted that some of the districts have restrictions on the amount of funding that can be spent on administration of the district.

District Name Type of District
Oakhurst Geological Hazard Abatement District
(1,484 parcels)
Geological Hazard Abatement District,
Public Resources Code, Sec 26500 et seq
Streetlight Assessment District (3,482) 1919 Act Streetlight District High Street Bridge Assessment District (5) Permanent Road Division Lydia Lane Sewer Assessment District (16) 1913 Act
Oak Street Bridge Assessment District (9) Permanent Road Division Oak Street Sewer Assessment District (10) 1913 Act District Diablo Estates Benefit Assessment District (24) 1972 Act, 1982 Act District A. Research - Obtain all available information from the City regarding the districts, including the current assessment data files, electronic map files, listing of projected expenditures and revenues and any additional information that is available. Update the current assessment data files with the latest Assessor’s parcel number and land use code information if needed.

B. Meetings and Coordination - Meet with City staff to review the districts, receive budgets and confirm schedule, conduct one status meeting in conjunction with the draft Engineer’s Reports and one for the final Engineer’s Report, if required, attend the City Council meetings considering the Resolutions of Intention and the public hearings, and provide technical 15 support and answer questions. At the public hearing provide a presentation to present at the public hearing. Total of up to 8 (eight) meetings.

C. Estimated Budgets - Review budgets for the upcoming fiscal year by establishing projected costs based on prior year estimates and actual/projected changes in costs and improvements. Review debt service schedule for the assessment districts and ensure the current year levy follows the debt service schedule for each assessment district.

D. Engineer’s Reports - Prepare the Engineer’s Reports setting the annual assessment rates for the next fiscal year based on budget estimates from City, and including reduced copies of the updated Assessment Diagrams, if revised. The Engineer’s Reports will also incorporate any new annexations into the districts during the previous year. Provide copies of the draft Reports for review and comment. Provide a PDF copy and up to 4 (4) bound copies of the finalized Reports and up to (2) bound copies of the Preliminary Assessment Rolls for processing and filing.

E. Diablo Estates BAD Noticing and Mailing - Provide to the City packets including a notice of the public hearing with a copy of the draft Engineer’s Report, to be mailed to the owner of record for each property within the Diablo Estates Benefit Assessment District. This packet shall be in a mailing envelop with the appropriate mailing label with a Assessor parcel number, owner name and mailing address, ready to have postage applied and mailed by the City.
ii. Submittal to Contra Costa County - After confirmation of assessments, prepare an Assessment Roll in electronic format, as required by the County Auditor-Controller for inclusion of assessments on the property tax bills.

Submit the roll for each district to Contra Costa County and, after receipt of the County’s exception report, make any required corrections. Deliver a copy of the electronic files for each district to City staff. iii. Formation/Annexation Services
The City may require the following services for any additional development that may occur within the City limits. The following tasks would be required for any Formation or Annexation. The City will require a detailed proposal for each formation or annexation taking into account the tasks listed below:

A. Kick-off Meeting - Meeting with City staff and property owner representative (if appropriate) to discuss the scope of the work, the proposed project schedule, the mechanisms and/or liaisons for obtaining the necessary information for the analysis (such as improvement plans, proposed land use designations, Parcel/Tentative Tract Map information, etc.) any properties that may have special needs, considerations or exemptions, and other information regarding the proposed improvements and properties. 16 B. Research - Gather support data, proposed development plans, proposed zoning information, preliminary improvement plans, cost estimates for all construction and maintenance components, locations of the proposed public improvements to be maintained, and any other pertinent information relating to the proposed improvements. A database will need to be compiled based on the Assessor’s Roll and Parcel/Tentative Tract Map information for the properties within the Development Area, including property size, land use data and property ownership.

C. Coordination - Coordinate with City staff, property owners, legal counsel, and other project consultants via conference call, email, or in person.

Participate in meetings with City staff, and the project team as requested.

D. CFD: Rate & Method of Apportionment - Review construction cost estimates including direct and indirect costs. Develop a special tax revenue model based on the proposed development product mix. Prepare preliminary special tax rate calculations based on the above analysis.

Determine the special tax allocation methodology and formula to be applied in accordance with the Act. Apportion the costs of facilities in the form of special taxes to be levied upon the parcels of land within the CFD using the special tax methodologies determined above. Prepare the Rate and Method of Apportionment for attachment to the Resolution of Intention. Review comments with City staff, the project team and property owners and finalize based on comments received
E. LLMD: Engineer’s Report - Prepare a preliminary & final Engineer’s Report which contains all items as required by the Code, including the 1972 Act, Proposition 218, and relevant case law, including a description of the proposed improvements/ services, an engineer’s estimate of the construction costs/ service costs and incidental expenses, a description of the assessment methodology, boundary map/assessment diagram and the assessment roll.

F. CFD: Proposed Boundary Map - Prepare the proposed Boundary Map for recordation pursuant to the Mello‐Roos Act and the County Recorder’s Office. The ability to provide a reduced copy of the Boundary Map for inclusion in reports.

G. CFD: Community Facilities District Report - Prepare a draft CFD Report to reflect final estimated cost of facilities. In summary the report should include:
• Description of the CFD (including the Proposed Boundary Map) • Description of Facilities and Services
• Cost Estimates
• Rate and Method of Apportionment
• A list of Property Owners
17 H. Review comments with City staff and financing team and finalize based on comments received. Provide a final PDF copy of the CFD Report I. City Council Meetings - Attend City Council meeting for Resolution of Intention & Public Hearing and election.

J. CFD: Notice of Special Tax Lien - Prepare the required the Notice of Special Tax Liens and record after district formation
K. Bond Issuance - As needed, provide Special Tax Tables including the overlapping debt tables and up to five (5) special tax tables for the preliminary official statement, as required by the Bond Counsel and/or Disclosure Counsel. Certificate of the Special Tax Consultant - Review and execute the certificate of the special tax consultant, as provided by the Bond Counsel.

L. Annexations - All applicable services listed above or as amended as needed.
18 EXHIBIT B
CONSULTANT’S PROPOSAL
1 CITY OF CLAYTON REQUEST FOR PROPOSALS (RFP)
Professional Engineering And Assessment District Services Release Date: January 21, 2022
Closing Date: February 14, 2022
Contact Person: Reina Schwartz, City Manager
6000 Heritage Trail
Clayton, CA 94517
(925) 673-7343
[email protected]
All proposals to be received by 5:00 p.m. PST on February 14, 2022 by email as listed above.

The City will not be responsible for late or lost proposals or accept proposals that fail to be delivered to the specified email address by the specified date and time. 2 REQUEST FOR PROPOSALS (RFP)

PROFESSIONAL ENGINEERING AND ASSESSMENT DISTRICT SERVICES INTENT
It is the intent of these specifications, terms and conditions to seek proposals for the City of Clayton’s Professional Engineering and Assessment District Services. References to “City” shall mean the City of Clayton. The City reserves the right to award any combination of services or reject all Proposals.

SCOPE OF SERVICES
The City of Clayton is seeking a firm to provide Professional Engineering Services for (1) City Engineering Services, (2) General Engineering Services (non-General Fund CIPs), (3) Land Development Review & Permitting Services, and Annual Administration/ Assessments Levy Services as described in Exhibit A.

SCHEDULE
The following schedule details key dates and times related to this RFP. City reserves the right to revise this schedule.

Proposal Timeline (all dates 2022 and subject to change) Date Time Activity
January 21, 2022 By 5:00 PM RFP Issued
January 28, 2022 By 5:00 PM Questions regarding RFP Due to [email protected]
February 4, 2022 By 5:00 PM Addendum Issued/Posted on Purchasing Website by City Staff
(Addendum may include revisions and/or
responses to RFP/ Questions)
February 14, 2022 By 5:00 PM Proposal Due Date
Submittals to:

City of Clayton
[email protected]
February 18, 2022 N/A Top Rated Firms Notified,
Interviews scheduled if needed
February 22-25, 2022 N/A Interviews with Top Rated Consultants if needed February 28-March 7, 2022 N/A Contract Negotiation and Reference Checks March 15, 2022 N/A City Council Approval of Consultant Agreement March 16-31, 2022 N/A Contract Award, Signing, Commence work Contact person for the above RFP: Reina Schwartz
Email: [email protected]
3 PROPOSAL SUBMISSION

1. Proposals should be submitted in pdf form via email to the City Manager at:
[email protected].

2. Proposals must be received at the email address listed above no later than 5:00 p.m. PST, February 14, 2022. Late submittals will not be accepted. The City is not responsible for lost proposals or proposals delivered to a person or location other than listed above.

3. All proposals and documents submitted become the property of the City of Clayton.

4. All costs of preparing the proposal shall be borne by the proposer.

5. Proposals shall be honored by proposer for a minmum of sixty (60) days from the date of submission.

PROPOSAL FORMAT
A qualifying proposal must address all of the following in the order shown below:

1. Cover letter
a. Firm/entity name
b. Brief description of the firm/entity
c. Contact person, address, and telephone number
d. Identify any sub-consultants

2. Proposal
a. Firm information including type of organization, location of principal office(s), years in business, number of employees, professional registrations and affiliations, and other pertinent information. There must be at least one registered professional engineer to serve as the named City Engineer.
b. Names and roles of personnel who will provide services to the City c. Resumes of personnel who will provide services to the City d. Response to Scope of Service and planned approach to meet the needs of the City
e. List of similar work completed and the contact information for at least three references
f. Schedule of key dates as proposed herein or as modified by proposer g. Any proposed modifications or objections to the standard City professional services agreement an example of which is attached to the RFP. h. Cost of services
4 GOOD STANDING REQUIREMENTS
Proposing firms, their principals or subcontractors may not be presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.

Proposing firms required to be registered with the California Secretary of State must be so registered and in good standing at the time of proposal submission and at all times thereafter if selected by the City.

The selected proposer will be required to obtain a City of Clayton business license and keep it current during the period of performance on the contract resulting from this RFP.

Selected Contractor shall, at its own expense, procure and maintain in full force at all times the City’s Insurance Requirements during the term of the PO and/or any applicable contract/agreement.

EVALUATION OF PROPOSALS

1. The City will evaluate all proposals received by the deadline, using the following evaluation criteria with scoring on a 100-point scale:

Criteria Points
Experience in similar projects (completed
in the last 5 years)
50 Qualifications of key project personnel 20
References for similar work 15
Cost effectiveness of proposal 15

2. Based on these criteria, it is the City’s intent to select a single successful consultant. If consultants are short-listed, the top-ranked consultants will be interviewed by the City. Upon completion of the interviews, the selection committee will make a final ranking of the consultants. The City Council will then be requested to approve the award of the contract to the top-ranked consultant and authorize the City Manager to execute the contract.

3. The City will exercise its discretion in selecting a consultant that, in the sole judgment of the City, best serves the interest of the City.

4. The City reserves the right to waive minor irregularities in any proposal, to reject any proposal that fails to meet the RFP requirements in any respect, to reject all proposals for any reason, to modify and reissue the RFP, or to cancel the RFP. 5 PROTEST
Any consultant that submitted a proposal may protest another consultant’s proposal by submitting said protest and the reasons before the City Council.

PROPOSALS AS PUBLIC RECORDS
All responses, including the accepted proposal and any subsequent contract, become public records, per the requirements of the California Government Code, Sections 6250 -6270, “California Public Records Act”. Proprietary material must be clearly marked as such.

The City will treat all information submitted in a proposal as available for public inspection once the City has selected a consultant. If you believe that you have a legally justifiable basis under the California Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any information contained within your proposal, you must identify any such information, together with the legal basis of your claim in your proposal, and present such information separately as part of your response package.

SAMPLE CONTRACT
The selected firm will be required to sign an agreement with the City of Clayton substantially similar to that attached hereto as Attachment 1. 6 (This is a SAMPLE only. The actual contract may include and is not limited to all of the terms and conditions specified in this RFP.)

CITY OF CLAYTON

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as ________________, 20____ by and between the City of Clayton, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 6000 Heritage Trail, Clayton, California 94517 (“City”), and __________ a __________________ with its principal place of business at ___________________________ (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services related to City engineering and assessment district services (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $ . This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following 7 manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Time of Performance.

Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”).

Consultant shall complete the services required hereunder within ____________ The Notice to Proceed shall set forth the date of commencement of work.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted 8 professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
9 (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
10 d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
11 (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
12 (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. To the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s obligations under the above indemnity shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, but shall not otherwise be reduced. If Consultant’s obligations to defend, indemnify, and/or hold harmless arise out of Consultant’s performance of “design professional services” (as that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final adjudication that liability under a claim is caused by the comparative active negligence or willful 13 misconduct of the City, Consultant’s obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.
14 By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. City Material Requirements.

Consultant is hereby made aware of the City’s requirements regarding materials, as set forth in __________________________, which are deemed to be a part of this Agreement.

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Contra Costa, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign _________________________ as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.
15 This Agreement is limited to and includes only the work included in the Project described above.

21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Clayton
6000 Heritage Trail
Clayton, CA 94517
Attn: Reina J. Schwartz
CONSULTANT:
and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.

26. Successors and Assigns
16 This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

28. Time of Essence
Time is of the essence for each and every provision of this Agreement.

29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
17 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF CLAYTON
AND [ ]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF CLAYTON [INSERT NAME OF CONSULTANT]
By: By:

Reina J. Schwartz Its:

City Manager
ATTEST:

By:

City Clerk
18 EXHIBIT A

1. City Engineering Services
The role of the City Engineering includes the administration of engineering related processes and procedures. These duties include:
• Assist in CIP scoping, prioritization, and budgeting
• Representation as City Engineer at internal and agency meetings • Approval of permits and waivers
• Availability to the public and private developers to handle matters dealing with the engineering functions of City government
• Coordination with other agencies for the review of plans, projects and studies • Assistance in the solicitation of proposals for CIP design work • Assistance in the procurement of contractors and vendors for public works construction.

The City Engineer will also address failed infrastructure for immediate safety concerns and coordinate preliminary opinion on repair approach as well as coordinate with Maintenance staff on the maintenance, operations, and repair of public facilities.

City Engineer should be familiar with:
• Various regional, state and federal transportation funding entities and the application process, fund/project management and reporting requirements for those entities.
• The San Francisco Regional Water Quality Control Board Municipal Regional permit (MRP) 2.0 and the upcoming MRP 3.0, including annual report preparation and submittal.
• Contra Costa Clean Water Program and applicable C-3 Guidebook.

2. General Engineering Services (Non-General Fund Capital Projects) The firm is to provide access to specialized technical staff ready to perform studies, designs, project and construction management on any tasks or projects the City identifies.

These efforts include the preparation of site evaluations, planning and preliminary engineering reports, plans and specifications for CIP construction projects, along with detailed schedules and cost estimates. This work would also include any necessary field work, drafting, design, surveying, environmental documents, bid assistance, construction management & inspection, and project management – as well as the preparation of specialized engineering studies on a variety of subjects including, but not limited to drainage studies, traffic studies, and pavement evaluations. 19 3. Land Development Review and Permitting Services
The firm is to provide staffing to represent the City and interact with the public in processing the City’s public permit applications. This work includes plan check for civil engineering design plans which includes, but is not limited to street, sewer, water, stormwater, recycled water, green infrastructure, storm drain, fiber optic, grading, erosion control, signing & striping, street lighting, traffic signal and all related engineering studies, including hydrology and hydraulics, soils, water and sewer studies and structural analyses. It should be noted that water service for the City of Clayton is provided by Contra Costa Water District. Sewer service is provided by the City of Concord including maintenance, plan review and sewer capital projects.

4. Annual Administration/Assessments Levy Services
i. The City currently has seven (7) districts (listed below) that require the services listed below for annual administration and assessment levies. It should be noted that some of the districts have restrictions on the amount of funding that can be spent on administration of the district.

District Name Type of District
Oakhurst Geological Hazard Abatement District
(1,484 parcels)
Geological Hazard Abatement District,
Public Resources Code, Sec 26500 et seq
Streetlight Assessment District (3,482) 1919 Act Streetlight District High Street Bridge Assessment District (5) Permanent Road Division Lydia Lane Sewer Assessment District (16) 1913 Act
Oak Street Bridge Assessment District (9) Permanent Road Division Oak Street Sewer Assessment District (10) 1913 Act District Diablo Estates Benefit Assessment District (24) 1972 Act, 1982 Act District A. Research - Obtain all available information from the City regarding the districts, including the current assessment data files, electronic map files, listing of projected expenditures and revenues and any additional information that is available. Update the current assessment data files with the latest Assessor’s parcel number and land use code information if needed.
20 B. Meetings and Coordination - Meet with City staff to review the districts, receive budgets and confirm schedule, conduct one status meeting in conjunction with the draft Engineer’s Reports and one for the final Engineer’s Report, if required, attend the City Council meetings considering the Resolutions of Intention and the public hearings, and provide technical support and answer questions. At the public hearing provide a presentation to present at the public hearing. Total of up to 8 (eight) meetings.

C. Estimated Budgets - Review budgets for the upcoming fiscal year by establishing projected costs based on prior year estimates and actual/projected changes in costs and improvements. Review debt service schedule for the assessment districts and ensure the current year levy follows the debt service schedule for each assessment district.

D. Engineer’s Reports - Prepare the Engineer’s Reports setting the annual assessment rates for the next fiscal year based on budget estimates from City, and including reduced copies of the updated Assessment Diagrams, if revised. The Engineer’s Reports will also incorporate any new annexations into the districts during the previous year. Provide copies of the draft Reports for review and comment. Provide a PDF copy and up to 4 (4) bound copies of the finalized Reports and up to (2) bound copies of the Preliminary Assessment Rolls for processing and filing.

E. Diablo Estates BAD Noticing and Mailing - Provide to the City packets including a notice of the public hearing with a copy of the draft Engineer’s Report, to be mailed to the owner of record for each property within the Diablo Estates Benefit Assessment District. This packet shall be in a mailing envelop with the appropriate mailing label with a Assessor parcel number, owner name and mailing address, ready to have postage applied and mailed by the City.
ii. Submittal to Contra Costa County - After confirmation of assessments, prepare an Assessment Roll in electronic format, as required by the County Auditor-Controller for inclusion of assessments on the property tax bills.

Submit the roll for each district to Contra Costa County and, after receipt of the County’s exception report, make any required corrections. Deliver a copy of the electronic files for each district to City staff. iii. Formation/Annexation Services
The City may require the following services for any additional development that may occur within the City limits. The following tasks would be required for any Formation or Annexation. The City will require a detailed proposal for each formation or annexation taking into account the tasks listed below:
21 A. Kick-off Meeting - Meeting with City staff and property owner representative (if appropriate) to discuss the scope of the work, the proposed project schedule, the mechanisms and/or liaisons for obtaining the necessary information for the analysis (such as improvement plans, proposed land use designations, Parcel/Tentative Tract Map information, etc.) any properties that may have special needs, considerations or exemptions, and other information regarding the proposed improvements and properties.

B. Research - Gather support data, proposed development plans, proposed zoning information, preliminary improvement plans, cost estimates for all construction and maintenance components, locations of the proposed public improvements to be maintained, and any other pertinent information relating to the proposed improvements. A database will need to be compiled based on the Assessor’s Roll and Parcel/Tentative Tract Map information for the properties within the Development Area, including property size, land use data and property ownership.

C. Coordination - Coordinate with City staff, property owners, legal counsel, and other project consultants via conference call, email, or in person.

Participate in meetings with City staff, and the project team as requested.

D. CFD: Rate & Method of Apportionment - Review construction cost estimates including direct and indirect costs. Develop a special tax revenue model based on the proposed development product mix. Prepare preliminary special tax rate calculations based on the above analysis.

Determine the special tax allocation methodology and formula to be applied in accordance with the Act. Apportion the costs of facilities in the form of special taxes to be levied upon the parcels of land within the CFD using the special tax methodologies determined above. Prepare the Rate and Method of Apportionment for attachment to the Resolution of Intention. Review comments with City staff, the project team and property owners and finalize based on comments received
E. LLMD: Engineer’s Report - Prepare a preliminary & final Engineer’s Report which contains all items as required by the Code, including the 1972 Act, Proposition 218, and relevant case law, including a description of the proposed improvements/ services, an engineer’s estimate of the construction costs/ service costs and incidental expenses, a description of the assessment methodology, boundary map/assessment diagram and the assessment roll.

F. CFD: Proposed Boundary Map - Prepare the proposed Boundary Map for recordation pursuant to the Mello‐Roos Act and the County Recorder’s Office. The ability to provide a reduced copy of the Boundary Map for inclusion in reports.

G. CFD: Community Facilities District Report - Prepare a draft CFD Report to reflect final estimated cost of facilities. In summary the report should include:
22 • Description of the CFD (including the Proposed Boundary Map) • Description of Facilities and Services
• Cost Estimates
• Rate and Method of Apportionment
• A list of Property Owners
H. Review comments with City staff and financing team and finalize based on comments received. Provide a final PDF copy of the CFD Report I. City Council Meetings - Attend City Council meeting for Resolution of Intention & Public Hearing and election.

J. CFD: Notice of Special Tax Lien - Prepare the required the Notice of Special Tax Liens and record after district formation
K. Bond Issuance - As needed, provide Special Tax Tables including the overlapping debt tables and up to five (5) special tax tables for the preliminary official statement, as required by the Bond Counsel and/or Disclosure Counsel. Certificate of the Special Tax Consultant - Review and execute the certificate of the special tax consultant, as provided by the Bond Counsel.

L. Annexations - All applicable services listed above or as amended as needed.
23 EXHIBIT B
Proposals should provide a complete proposal for costs including any monthly minimums, hourly rates or other charges. Pricing should be provided for each of the types of services listed in Exhibit A:
• City Engineering,
• General Engineering,
• Land Development Review & Permitting, and
• Assessment District Administration/Levies.

PROPOSAL FOR:

Professional Engineering and Assessment District Services City of Clayton
Professional Engineering Services
February 14, 2022
City of Clayton – Proposal for Professional Engineering and Assessment District Services City Engineering Staff Augmentation
P22‐06 ANCHORCM
February 14, 2022 Representing the Public Since 2003
Table of Contents
Section 1 Cover Letter 1
Section 2 Proposal
Section 2a Firm Information 3
Section 2b Names and Roles of Personnel 5
Section 2c Resumes of Personnel 8
Section 2d Scope of Services / Planned Approach 10
Section 2e References 22
Section 2f Schedule of Key Dates 23
Section 2g Modifications or Objections 24
Section 2h Cost of Services 25
Appendix a Resumes of Personnel (continued) 27
Appendix b Cost of Services (continued) 62
Construction and Project Management .Inspection .Staff Augmentation 3685 Mt. Diablo Blvd, Suite 345 Lafayette, CA 94549 .P (925) 385-0950 .F (925) 385-0424 . www.anchorcm.com February 14, 2022
Attn: Reina Schwartz, City Manager
City of Clayton
6000 Heritage Trail
Clayton, CA 94517
RE: PROPOSAL: CITY OF CLAYTON – PROFESSIONAL ENGINEERING AND ASSESSMENT DISTRICT SERVICES Dear City Manager Schwartz,
AnchorCM is pleased to propose our Professional Engineering and Assessment District Services to the City of Clayton (City). We are a full‐service Municipal Engineering and Construction Management firm that has been providing services to public agencies for over 20 years. Our wide range of services include staff augmentation, design review, constructability review, construction management, inspection, permit processing, estimating/scheduling, contract/document administration, and public outreach coordination. We are a minority woman‐owned business with current public agency clients in Contra Costa, Alameda, San Mateo, Sacramento, and Santa Clara counties.

Iwill lead ourteam of consultants and be yoursingle point of contact to provide the scope ofservices described in this RFP. I have over 20 years of engineering experience working for public agencies at State, County, and City levels. Up until a few months ago, I was the City of Orinda (Orinda) Director of Public Works and Engineering Services as well as their Assistant City Manager. If selected, the City would gain the benefits of a current and experienced City Engineer/Public Works Director/Assistant City Manager with specific experience in Contra Costa County. In many ways, I still approach issues more like a public agency civil servant than a consultant. I believe that is the biggest differentiation between our team compared to other consultants. I understand other considerations that are often asked of public agency staff. In addition, with most of my 20 years of professional experience spent working in Contra Costa County, I have established professional relationships with staff at nearby agencies as well as funding agencies, I would be able to represent the City well in regional planning and coordination efforts.

Clayton and Orinda are quite similar in many aspects. Both agencies are relatively small with similar challenges but still strive to provide excellent services to their residents. The municipal engineering duties and responsibilities are generally the same within each incorporated city. However, Clayton offers a unique opportunity in Contra Costa County where the City Engineering function is performed by an engineering consultant instead of more traditional in‐house staff at Orinda or many other cities. Throughout my professional career as public agency staff, I have established professional relationships with technical consultants in many areas of expertise. AnchorCM will be able to provide City access to these consultants.

Beyond access, I have successfully completed projects with these subconsultants, and we have previously worked well as a team. We are pleased to include as part of our team, CSG Consultants, Inc. (CSG) for land development, City Surveyor, civil design work, and environmental support; Advanced Mobility Group (AMG) for traffic/transportation, BSK Associates (BSK) for geotechnical and material testing, and Francisco & Associates (F&A) for assessment administration. Beyond, these technical subconsultants, AnchorCM can also provide the City access to other consultants as needed. When required, such as for federal grants, AnchorCM can assist the City in issuing Request for Qualifications or Request for Proposal to select project specific technical consultants while still provide the overall management of the projects as the City Engineer.