Agenda packet — Clayton City Council, August 19, 2025 (part 1 of 2)

Jeff Wan, Vice Mayor Jim Diaz, Councilmember
Holly Tillman, Councilmember Richard G Enea, Councilmember

1. CALL TO ORDER AND ROLL CALL

2. PLEDGE OF ALLEGIANCE

CLAYTON CITY COUNCIL

REGULAR MEETING AGENDA
TUESDAY, AUGUST 19, 2025
7:00 PM
Hoyer Hall, Clayton Community Library
6125 Clayton Road, Clayton, CA 94517
Kim Trupiano, Mayor
CLOSED SESSION AGENDA - MEETING HELD AT 6:30

CLAYTON CITY COUNCIL CLOSED SESSION AGENDA
TUESDAY, AUGUST 19, 2025 6:30 PM
Hoyer Hall, Clayton Community Library
6125 Clayton Road, Clayton, CA 94517

1. CALL TO ORDER

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(GOV. CODE 54956.9(d)(1))
Clayton Estates, LLC vs. City of Clayton
Contra Costa Superior Court, Case No. N25-1164

3. ADJOURNMENT

CLAYTON CITY COUNCIL CLOSED SESSION AGENDA
Agenda August 19, 2025
1 3. PUBLIC COMMENT ON NON-AGENDA ITEMS

4. CONSENT CALENDAR
(a) Approve July 15, 2025, Minutes
(b) Approve July 22, 2025, Minutes
(c) Approve the Purchase of Two New Police Vehicles and Authorize the Disposal of a Police Vehicle as Surplus Property
(d) Approve and Authorize the City Manager to Execute a Maintenance Services Contract with Brightview Tree Care Services, Inc. for Tree Maintenance and Consulting Services for a not to exceed amount of $120,000. (e) Approve and Authorize the City Manager to Execute a Maintenance Services Contract with S2SERM, LLC for Weed Prevention and Abatement Services for a not to exceed amount of $120,000.
(f) Approve and Authorize the City Manager to Execute the Professional Services Contract with R3 for SB 1823 Implementation, Public Contracting Code Section 12209, as updated and Cal Recycle Grant Management.

5. RECOGNITIONS AND PRESENTATIONS
(a) Unsung Hero - Sarah Brinkman
(b) Mayor of the Day Presentation
(c) Receive a Report on the Status of the Climatec Project Members of the public may address the City Council on non-agendized items within the Council’s jurisdiction. To ensure an orderly meeting and an equal opportunity for everyone, each speaker is limited to three (3) minutes, or the time established by the Mayor. 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 other agenda items will be allowed when each item is considered by the Council.
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Agenda August 19, 2025
2 6. REPORTS
(a) City Manager's Report
(b) City Council Report

7. PUBLIC HEARINGS
(a) Approve a resolution of the city council of the city of clayton authorizing revision to city’s housing element update by allowing an additional attached accessory dwelling unit to the approved housing program

8. ACTION ITEMS
(a) Appointment to the Financial Sustainability Committee (b) Appointments to the Trails and Landscape Committee
(c) Appointment of Sheila Driscoll as the City of Clayton Representative to the Contra Costa County Advisory Council on Aging
(d) Approve Amendment to the Franchise Agreement with Republic Services (e) Future Revenue Options – Closing the City’s Long-Term Budget Deficit - Part One (f) Approve a Resolution Amending the Assistant City Manager/Administrative Services Director Job Classification and salary to Administrative Services Director.

9. ADJOURNMENT
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The next regularly scheduled meeting of the City Council will be September 16, 2025. For meeting information and materials, please visit the City’s website at www.claytonca.gov Agenda August 19, 2025
3 Meeting Information and Access
A complete packet of information containing staff reports and exhibits related to each public item is available for public review in City Hall located at 6000 Heritage Trail and 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 will be made available for public inspection in the City Clerk’s office located at 6000 Heritage Trail during normal business hours and is available for review on the City’s website at www.claytonca.gov If you have a physical impairment requiring special accommodation to participate, please call the City Clerk’s office at least 72 hours (about 3 days) before the meeting at (925) 673-7300.

E-mail Public Comments: Public comment may also be sent to the City Clerk at [email protected] by 5:00 p.m. on the day of the meeting. All e-mailed public comments will be forwarded to the entire committee and made part of the official meeting file.

Each person attending the meeting who wishes to speak on an agendized or non-agendized matter (within the council’s jurisdiction), shall have a set amount of time to speak as determined by the Mayor.

Agenda August 19, 2025
4 TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Skyler Aitken
DATE: August 19, 2025
SUBJECT:

CLAYTON CITY COUNCIL CLOSED SESSION AGENDA
Agenda Item:

STAFF REPORT

RECOMMENDATION

1. CALL TO ORDER

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(GOV. CODE 54956.9(d)(1))
Clayton Estates, LLC vs. City of Clayton
Contra Costa Superior Court, Case No. N25-1164

3. ADJOURNMENT

BACKGROUND
//

FISCAL IMPACTS
//

ATTACHMENTS
City Council Closed Session 081425.pdf
5 CLAYTON CITY COUNCIL

CLOSED SESSION AGENDA
TUESDAY, AUGUST 19, 2025
6:30 PM
Hoyer Hall, Clayton Community Library
6125 Clayton Road, Clayton, CA 94517
Kim Trupiano, Mayor
Jeff Wan, Vice Mayor Jim Diaz, Councilmember
Holly Tillman, Councilmember Richard G Enea, Councilmember

1. CALL TO ORDER

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(GOV. CODE 54956.9(d)(1))
Clayton Estates, LLC vs. City of Clayton
Contra Costa Superior Court, Case No. N25-1164

3. ADJOURNMENT
Agenda August 19, 2025
1 6
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Skyler Aitken
DATE: August 19, 2025
SUBJECT: Approve July 15, 2025, Minutes
Agenda Item: 4.a

STAFF REPORT

BACKGROUND
Minutes for the July 15, 2025 City Council meeting

FISCAL IMPACTS
N/A

ATTACHMENTS
Minutes 071525 - Draft.pdf
7 _____________________________________________________________________________________________ City Council Minutes July 22, 2025 Page 1

MINUTES
OF THE

REGULAR MEETING

CLAYTON CITY COUNCIL

TUESDAY, JULY 15, 2025

1. CALL TO ORDER – The meeting was called to order at 7:00 p.m. by Mayor Trupiano held in-person, and broadcast from Hoyer Hall, Clayton Community Library, 6125 Clayton Road, Clayton, California.

2. PLEDGE OF ALLEGIANCE – Led by Mayor Trupiano

3. ROLL CALL - Councilmembers present: Councilmembers: Diaz, and Enea; Vice Mayor Wan and Mayor Trupiano. Councilmembers absent: Councilmember Tillman . Staff present: City Manager, Kris Lofthus; Assistant City Manager, Regina Rubier; Management Analyst, Dennis Bozanich; Acting City Attorney, Kyler Rayden; Acting City Clerk, Skyler Aitken;

4. PUBLIC COMMENT ON NON-AGENDA ITEMS
Members of the public may address the City Council on non-agendized items within the Council’s jurisdiction. To ensure an orderly meeting and an equal opportunity for everyone, each speaker is limited to three (3) minutes, or the time established by the Mayor. 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 other agenda items will be allowed when each item is considered by the Council.

Larry McNeil made a comment on the previous Special Grand Jury meeting and the written response.

5. CONSENT CALENDAR
(a) Approve June 17, 2025 Meeting Minutes
(b) Approve June 24, 2025 Meeting Minutes
8 _____________________________________________________________________________________________ City Council Minutes June 17, 2025 Page 2
(c) Report on the Annual Update of the Master Fee Schedule (d) Presentation - Contra Costa County Animal Services Department Following discussion by the City Council, Mayor Trupiano opened the Consent Calendar to public comment; there were no members of the public wishing to speak to the Consent Calendar
Councilmember Enea moved to approve the consent calendar, with Councilmember Diaz seconding. The motion carried 4-0.

6. RECOGNITIONS AND PRESENTATIONS
(a) Unsung Hero - Debby Bruno
Mayor Trupiano presented the award and shared Debby’s history, accomplishments, and contributions to the community.
(b) Presentation - Contra Costa County Animal Services Department Ben Winkleblack Director of Contra Costa County Animal Services presented on their services in the county. Councilmembers asked questions throughout the presentation, which Director Winkleblack answered and clarified.

7. REPORTS
(a) City Manager/Staff
Kris Lofthus, City Manager, gave an update on ClimaTech, Good Governance Training, National Night Out, Housing Element Certification, and hiring updates.
(b) City Council/Committees

8. PUBLIC HEARINGS
(a) Public Hearing on Proposed Real Property Assessments for the Diablo Estates at Clayton Benefit Assessment District (BAD); Ordering Improvements and Levying Annual Assessments in Fiscal Year 2025/26 Dennis Bozanich, Management Analyst, presented the information to the council, with the council asking questions and Dennis answering them.

Following discussion by the City Council, Mayor Trupiano opened the Public Hearing to public comment; there were no members of the public wishing to speak to the Public Hearing.
9 _____________________________________________________________________________________________ City Council Minutes June 17, 2025 Page 3
Vice Mayor Wan moved to approve the resolution, pending the discussed changes (explicitly stating 2.0% increase), with Councilmember Enea seconding. The motion carried 4-0.

9. ACTION ITEMS
(a) Adopt two Resolutions Approving the Memorandum of Understanding for the Management Employees Bargaining Unit and Adopting the City of Clayton’s Salary Schedule Effective July 1, 2025, in Conformance with CalPers Requirements to Provide a Publicly Available Salary Schedule Kris Lofthus gave an update and overall review on the Memorandum of Understanding (MOU), with the council asking clarifying questions, and Kris answering them.

Following discussion by the City Council, Mayor Trupiano opened Action Item 9.a to public comment; there were no members of the public wishing to speak to the Action Item 9.a.

Vice Mayor Wan moved to approve with Councilmember Diaz seconding. The motion carried 4-0.
(b) Adopt a Resolution Authorizing the Revised Job Descriptions for the Police Officer and Senior Maintenance Worker and Create a New Job Description and add to the Salary Schedule a Seasonal Maintenance Worker –Temporary Position
Regina Rubier, Assistant City Manager gave an update on the job descriptions and why the language needs to be updated, with the council asking clarifying questions, and Regina answering them.

Following discussion by the City Council, Mayor Trupiano opened Action Item 9.b to public comment; there were no members of the public wishing to speak to the Action Item 9.b.

Vice Mayor Wan moved to approve with Councilmember Enea seconding. The motion carried 4-0.
(c) Adopt a Resolution to Establish an Appropriation Limit for Fiscal Year 2025-26
Regina Rubier gave an update and history on the Appropriation Limit in relation to state law.
10 _____________________________________________________________________________________________ City Council Minutes June 17, 2025 Page 4
Following discussion by the City Council, Mayor Trupiano opened Action Item 9.c to public comment; there were no members of the public wishing to speak to the Action Item 9.c.

Councilmember Enea moved to approve with Vice Mayor Wan seconding. The motion carried 4-0.

10. ADJOURNMENT – Mayor Trupiano adjourned the meeting in honor of Emelia Olsen at 8:19 p.m.

Please note the Minutes of this meeting set forth all actions taken by the City Council on the matters stated, but not necessarily in the chronological sequence in which the matters were taken up.
***
11 TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Skyler Aitken
DATE: August 19, 2025
SUBJECT: Approve July 22, 2025, Minutes
Agenda Item: 4.b

STAFF REPORT

BACKGROUND
Minutes from the 07/22/25 City Council meeting

FISCAL IMPACTS
N/A

ATTACHMENTS
Minutes 072225 - Draft.pdf
12 _____________________________________________________________________________________________ City Council Minutes July 22, 2025 Page 1

MINUTES
OF THE

SPECIAL MEETING

CLAYTON CITY COUNCIL

TUESDAY, JULY 22, 2025

1. CALL TO ORDER – The meeting was called to order at 4:00 p.m. by Mayor Trupiano held in-person, and broadcast from Hoyer Hall, Clayton Community Library, 6125 Clayton Road, Clayton, California.

2. ROLL CALL - Councilmembers present: Councilmembers: Diaz, Enea, and Tillman; Vice Mayor Wan and Mayor Trupiano. Staff present: City Manager, Kris Lofthus; Assistant City Manager, Regina Rubier; Management Analyst, Dennis Bozanich; Acting City Clerk, Skyler Aitken;

3. PLEDGE OF ALLEGIANCE – Led by Mayor Trupiano

4. ACTION ITEMS
(a) Good Governance Training
The City Council received and participated in the Good Governance training from the Institute for Local Government (ILG).

At the end of the training, public comment was opened up, Maria Shulman commented on the high quality of the training and gave her opinion on what could be added and how it could help the council.

5. ADJOURNMENT – Mayor Trupiano adjourned the meeting at 7:28 p.m.

Please note the Minutes of this meeting set forth all actions taken by the City Council on the matters stated, but not necessarily in the chronological sequence in which the matters were taken up.
***
13 TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Dennis Bozanich
DATE: August 19, 2025
SUBJECT: Approve the Purchase of Two New Police Vehicles and Authorize the Disposal of a Police Vehicle as Surplus Property
Agenda Item: 4.c

STAFF REPORT

RECOMMENDATION
See the attached Staff Report

BACKGROUND
See the attached Staff Report

DISCUSSION
See the attached Staff Report

FISCAL IMPACTS
The total proposed expenditure from FY 2025/2026 for the new vehicles is $140,952.57 from the Capital Equipment Replacement Fund (CERF).

CEQA
None

ATTACHMENTS
Police Vehicle Staff Report.pdf
PD Vehicle Inventory 8_25.pdf
Clayton '25 PIU Gas Quote - Inbound.pdf
Clayton PD Patrol LEHR Upfit Sales Quote 55144 v2.pdf
FastSigns 205729.pdf
Quote 10114A Blazer.pdf
Blazer Upfit Sales Quote LEHR 55102.pdf
14 City Council Agenda Item XXX Page 1 of 4 August 19, 2025 City Council Agenda Item

STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Jeremy Crone, Chief of Police
DATE: August 19, 2025
SUBJECT: Approve the purchase of two new police vehicles to replace an unserviceable police vehicle, add an administrative vehicle, and authorize the disposal of a police vehicle as property surplus to the needs of the city

RECOMMENDATION
Approve the purchase of a 2025 Ford Police Interceptor Utility vehicle to replace an unserviceable police vehicle, along with emergency equipment outfitting and identifying decals, as follows:
• 2025 Ford Police Interceptor Utility vehicle from Folsom Lake Ford: $60,338.95 (State of California Contract #1-22-23-14C)
• Purchase and installation of emergency equipment by Lehr Auto: $30,934.70 • Purchase and installation of graphics by Fast Signs: $995.50 Approve the purchase of a 2025 Chevrolet Blazer AWD 4 door utility vehicle as the Chief’s administrative vehicle along with emergency equipment outfitting as follows:
• 2025 Chevrolet Blazer AWD 4 Door Utility vehicle from Winner Chevrolet: $42,250.31 (State of California Contract 1-25-23-01P)
• Purchase and installation of emergency equipment by Lehr Auto: $6,433.11 The total proposed expenditure for the new vehicles is $140,952.57 from the Capital Equipment Replacement Fund (CERF), forgoing the purchase of any police vehicle in FY 2026/27. $93,000 was approved in the 2025/26 budget for the purchase of one police vehicle. (Back to Agenda)
15 City Council Agenda Item XXX Page 2 of 4 August 19, 2025

BACKGROUND
The City of Clayton’s Police Department currently has a fleet of eight (8) active patrol vehicles and two (2) patrol capable vehicles assigned as the Chief’s administrative vehicle (1) and a police decoy (1) vehicle for a total of 10 police vehicles. In addition, the Department has two (2) Zero Motor patrol motorcycles, one (1) Polaris Ranger Utility Task Vehicle (UTV), and on CERT/Command Trailer. See attached Vehicle Inventory for inventory and mileage.

The Department has a past practice of replacing at least one patrol capable vehicle each year with a comparable patrol vehicle. The current Chief’s administrative vehicle (Unit 1740) was taken out of patrol service in 2023 and assigned as an administrative vehicle.

Active patrol vehicles are assigned to members of the Department, allowing each member to have an assigned vehicle, with the exception of the supervisors. Supervisors currently share two patrol vehicles amongst four (4) sergeants.

DISCUSSION
The new 2025 Ford Police Interceptor Utility will replace the unserviceable administrative vehicle (Unit 1740), a 2014 Ford Police Interceptor Utility with over 90,000 miles. Due to the high mileage, condition, and mechanical issues of this vehicle, this vehicle is recommended to be surplused and sent to auction. Any usable equipment in the vehicle, for example police radios, will be removed prior to auction.

The new 2025 Ford Police Interceptor Utility will be placed into active patrol service. This will allow the Department to expand its active patrol fleet to nine (9) patrol vehicles. Patrol vehicle Unit 1744 will then be assigned as the Department’s pool patrol vehicle.

The Police Department maintains a standard staffing level of two to three officers on patrol at any given time to ensure consistent public safety coverage. For special events, the department deploys additional officers to meet heightened operational demands. Patrol vehicles require regular maintenance and are susceptible to unforeseen mechanical, communication, or emergency equipment failures. Having a pool patrol vehicle will ensure operational readiness to support the Department’s capacity to fulfill all mission requirements effectively and without interruption. The addition of the pool vehicle will also be available to the patrol sergeants to reduce the total wear and tear on the supervisor vehicles, extending the overall life of the fleet.

The Department conducted a comprehensive search of viable and available patrol, “pursuit” rated, vehicles in evaluating this purchase. Due to current market trends and a move towards electric vehicles (EVs), domestic manufacturers have limited their internal combustion engine pursuit rated vehicles. For example, an internal combustion pursuit rated sedan is no longer available from any manufacturer. While there has been a move in the industry to equip police departments with EVs, the City of Clayton currently does not have the charging infrastructure 16 City Council Agenda Item XXX Page 3 of 4 August 19, 2025 to support this move. In addition, EVs are priced higher than their internal combustion engine counterparts, providing an additional hurdle to acquisition.

In evaluating available and viable internal combustion pursuit rated patrol vehicles, the Department weighed the Ford Police Interceptor Utility, the Chevrolet Tahoe PPV, and the Dodge Durango Pursuit. The Department selected the Ford Police Interceptor Utility for its reliability, price, and familiarity. The Dodge Durango Pursuit vehicle has been riddled with engine failures and overall build quality, not making it a reliable alternative to the Ford Police Interceptor Utility. The Chevrolet Tahoe PPV is a reliable platform, however its higher price compared to the Ford Police Interceptor Utility could not be justified.

The new 2025 Chevrolet Blazer AWD 4 Door Utility will be an additional vehicle to the fleet and provide a designated administrative vehicle to be used by the Chief of Police. This vehicle is significantly less expensive compared to a pursuit rated vehicle and requires considerably less “up-fitting” to make it a serviceable emergency vehicle. The Chevy Blazer was selected for its overall utility and affordability compared to alternative vehicles and falls under state bid pricing.

Both the 2025 Ford Police Interceptor Utility and the 2025 Chevrolet Blazer AWD 4 Door Utility are under State of California pricing contracting.

Purchasing the patrol and administrative vehicle this calendar year (2025), allows the City to reduce overall costs compared to purchasing one vehicle in 2025 and a second vehicle in 2026. The trend is an approximate 4% increase in vehicle costs year over year, not accounting for increased costs in “up-fitting”. This will also allow the Department to better evaluate its vehicle needs in preparation for a purchase in 2027/28 budget year, if needed. It is also expected that domestic manufacturers will be expanding their pursuit rated offerings to market demands. The optimum timing for placing a purchase request for pursuit rated vehicles, under state contract, is in the first quarter (Q1) of the year to ensure delivery in the current calendar year. Orders generally placed past Q1 in a calendar year are not delivered until the beginning of the following calendar year due to build cycles.

FISCAL IMPACT
The total proposed expenditure from FY 2025/2026 for the new vehicles is $140,952.57 from the Capital Equipment Replacement Fund (CERF),

CEQA IMPACT
None.

ATTACHMENTS

1. Vehicle Inventory

2. Ford Interceptor Utility Quote

3. LEHR Ford Interceptor Equipment and Install Quote
17 City Council Agenda Item XXX Page 4 of 4 August 19, 2025

4. Fast Signs Ford Interceptor Graphics Quote

5. Chevrolet Blazer AWD Quote

6. LEHR Chevrolet Blazer AWD Equipment and Install Quote 18 VEHICLE INVENTORY
AUGUST 2025

VEHICLE # DESCRIPTION MILES ASSIGNMENT
1739 2016 Zero DS-P Motor 3,073 Traffic
1740 2017 Ford Explorer 90,379 Administration/Chief
1741 2017 Ford Explorer 68,135 Decoy
1742 2018 Ford F-150 42,698 Sergeants
1743 CERT/Command Trailer N/A PD
1744 2020 Ford Explorer 45,545 Patrol
1745 2020 Ford Explorer 27,409 Patrol
1746 2021 Ford Explorer 21,501 Patrol
1747 2021 Ford Explorer 21,576 Patrol
1748 2022 Ford Explorer 17,833 Patrol
1749 2015 Zero DS-P Motor 2,155 Traffic/Spare
1750 2023 Ford Explorer 16,416 Sergeants
1751 2023 Zero DSR Motor 3,657 Traffic
1752 2024 Ford Explorer 2,580 Patrol
1753 2025 Polaris Ranger 9 Rescue/Special Events
19 20
Item No. Description Quantity Unit Price Total Price
Clayton PD Unit 1754 - 2025 PIU
_____________________________________
Front End Equipment
_____________________________________
OEM - 66A

OEM - WIG WAG
MCRNTB Whelen, Micron Series Stud Mount - Blue 1 108.25 108.25 MCRNTR Whelen, Micron Series, Stud Mount - Red 1 108.25 108.25 NP3BB Whelen, NANO-3 Pioneer Bail Mount 12V - Black 2 176.80 353.60 EX0011 Patrol Power Harness Front Mt. Utility 2020+ (03-0211) 1 798.40 798.40 SA315P Whelen Siren Speaker 100W 2 199.99 399.98
SAK75D Whelen, Speaker Bracket, Fits 2025 Ford PIU, Driver Side Grille 1 31.80 31.80 SAK75P Whelen, Speaker Bracket, Fits 2025 Ford PIU, Passenger Side Grille 1 31.80 31.80 I Installation Charges 10 140.00 1,400.00
_____________________________________
Side Equipment
_____________________________________
OEM - 63B
I Installation Charges 1 140.00 140.00
_____________________________________
Roof Equipment
_____________________________________
BJ2DEDE-LEHR Whelen, Liberty II WCX Light Bar 54" W/IJ500ST 1 2,335.00 2,335.00 PE215 Whelen Preemption Strobe Power Supply 1 496.80 496.80 STPKT105 Whelen Lightbar Strap Kit, Fits 2020+ Utility 1

CSM - MODEM ANTENNA
Page:

Document Date:

Quote Number:

Sales Quote
To:

Ship
SalesPerson
Ship Via Customer ID
To:

Sell
55144
Mike McGee
1656
Phone:

Attention Tim Marchut
6000 HERITAGE TRL
Tim Marchut
Clayton Police Department
Installation at Lehr
Phone: (925) 673-7360
CLAYTON, CA 94517-1249
6000 HERITAGE TRL
Tim Marchut
Clayton Police Department
Phone: 925-370-2144 Fax: 925-370-2087
701 WILLOW PASS RD STE 8 PITTSBURG, CA 94565-1803
8/7/2025
1 Tax Ident. Type Legal Entity
Vehicle Information:
2025 FORD PIU, Unit: 1754
Terms: Net 30
Payment Method:

PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED 21 Item No. Description Quantity Unit Price Total Price

CSM - AXON FLEET ANTENNA
MB8U 3/4" Thru-Hole NMO Mount W/17' RG-58/U Cable, No Connector 1 22.13 22.13 QW800 806-896MHz 1/4 Wave NMO Mobile Antenna 1 12.21 12.21 I Installation Charges 3.5 140.00 490.00
_____________________________________
Drivers Compartment Equipment
_____________________________________
CC-UV20-L-18 Troy Products 18″ Console 2020-2025 PIU Utility Specific 1 450.75 450.75 FP-WCENCOM-JD Troy Products 4" Face Plate, Fits Whelen Control/Cencom (Sapphire, Carbide) 1 FP-MXTL2500 Troy Products 3" Face Plate, Fits Motorola XTL2500/5000/APX6500 remote 05/07 1 AC-INBHG Troy Products Internal Dual Beverage Holder 4" 1 48.00 48.00 FP-BLNK1 Troy, 1" Blank Filler Plate 3
FP-BLNK2 Troy Products 2" Blank Filler Plate 1
FP-AP12-3 Troy Products 2" Face Plate w/3 DC Outlet Cutouts 1 24.00 24.00 L3-AP1SET Troy Products 12v DC Power Outlet w/Cap 2 11.25 22.50 C-USB-3 Havis, USB-C & USB Type A Dual Port Charger 1 71.40 71.40 MMSU-1 Mag Mic Magnetic Mic Kit 2 33.96 67.91
AC-MCM Troy Products Mic Bracket Only 1 9.80 9.80
AC-TB-ARMMNT-58 Troy Products Console Mounted Height Adj Swivel Arm Rest 1 159.75 159.75 7160-1336 Gamber-Johnson, 2020 Ford Police Int Util Veh Base 1 186.00 186.00 7160-0178 Gamber-Johnson 7" Center-Mounted Complete Upper Pole 1 100.50 100.50 7160-0230 Gamber-Johnson Support Brace - Short 1 87.00 87.00 7170-0514 Gamber-Johnson, Tablet Display Mount 1 753.75 753.75 DS-LOWER-9 Gamber-Johnson, 9" Lower Pole Assembly 1 69.75 69.75 HKN6169B Motorola 17' Control Head Remote Mount Cable APX, XTL 1 98.52 98.52 HKN4192C Motorola Main Power Cable to Battery 20' 20amp 1 47.52 47.52 Page:

Document Date:

Quote Number:

Sales Quote
To:

Ship
SalesPerson
Ship Via Customer ID
To:

Sell
55144
Mike McGee
1656
Phone:

Attention Tim Marchut
6000 HERITAGE TRL
Tim Marchut
Clayton Police Department
Installation at Lehr
Phone: (925) 673-7360
CLAYTON, CA 94517-1249
6000 HERITAGE TRL
Tim Marchut
Clayton Police Department
Phone: 925-370-2144 Fax: 925-370-2087
701 WILLOW PASS RD STE 8 PITTSBURG, CA 94565-1803
8/7/2025
2 Tax Ident. Type Legal Entity
Vehicle Information:
2025 FORD PIU, Unit: 1754
Terms: Net 30
Payment Method:

PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED 22 Item No. Description Quantity Unit Price Total Price

CSM - POLICE RADIO

CSM - GJ DOCK

CSM - DOCK POWER SUPPLY

CSM - KEYBOARD
CSM - AXON FLEET 3 ICV
H-ECL556-A Intermotive Ecolock -Secured Idle Reduction System 2025 Ford Interceptor Utility 1 750.66 750.66 CO400 First Alert Carbon Monoxide (CO) Detector, Battery Operated Alarm 1 25.00 25.00 60CREGCS Whelen, 12 Diode Interior Light, 6" Round Surface Mount Split Red/White 1 154.80 154.80 806-0022-00 Stalker, Dsr Dual Antenna Radar 1 3,300.00 3,300.00 200-1379-00 Stalker, 2020-2024 F1 Suv Cu Display Antenna Mount 1 120.00 120.00 200-1378-00 Stalker, Rear Radar Mount, Ford 2020-2024 F1 Suv Rear Antenna Mount 1 147.00 147.00 155-2211-00 Stalker, Remote Display Interconnect Cable 1 100.00 100.00 MMSU-1 Mag Mic Magnetic Mic Kit 1 33.96 33.96

FOR RADAR REMOTE
GK20021S Setina, Dual T-Rail Mount w/Sm Lock 1 254.25 254.25

CSM - BLAC RAC LOCK
I Installation Charges 22.5 140.00 3,150.00
_____________________________________
Prisoner Compartment Equipment
_____________________________________
Setina, #8XL 1/2 Coated 1/2 Vinyl Mesh Tall Man
PK1134ITU20TM includes the following
PT1176ITU20TM Setina, XL Partition Transfer Kit Tall 20-25 Interceptor Utility 1 374.25 374.25 BR8XLSSCAP Setina, #8XL SSCA BAR COATED POLY 1 352.50 352.50

END OF ASSEMBLY
QK2121ITU20 Setina Replacement Seat Smart Belt w/Center Pull Seat Belt 1 1,379.25 1,379.25 Page:

Document Date:

Quote Number:

Sales Quote
To:

Ship
SalesPerson
Ship Via Customer ID
To:

Sell
55144
Mike McGee
1656
Phone:

Attention Tim Marchut
6000 HERITAGE TRL
Tim Marchut
Clayton Police Department
Installation at Lehr
Phone: (925) 673-7360
CLAYTON, CA 94517-1249
6000 HERITAGE TRL
Tim Marchut
Clayton Police Department
Phone: 925-370-2144 Fax: 925-370-2087
701 WILLOW PASS RD STE 8 PITTSBURG, CA 94565-1803
8/7/2025
3 Tax Ident. Type Legal Entity
Vehicle Information:
2025 FORD PIU, Unit: 1754
Terms: Net 30
Payment Method:

PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED 23 Item No. Description Quantity Unit Price Total Price PK0123ITU202ND Setina #12VS Vinyl Coated Expanded Metal Rear Partition 2020-24 Utility 1 494.25 494.25 3SC0CDCR Whelen, 3" Round Compartment - White 2 67.20 134.40 I Installation Charges 8.5 140.00 1,190.00
_____________________________________
Back End Equipment
_____________________________________
TK0248ITU20 Setina, Rear Cargo Dsc-Bsc 2020-27 Utility 1 1,574.25 1,574.25 TPA9289 Setina Cargo Box Radio Tray 1 292.49 292.49
HB6PAK-PI-RB Code 3, Code 3 Twist Lock Hide-A-Blast 6-LED Split Red/Blue 2 96.94 193.87 MR6-W Code 3, MR6 - White 2 111.91 223.82

BACK UP LTS
60CREGCS Whelen, 12 Diode Interior Light, 6" Round Surface Mount Split Red/White 1 154.80 154.80

REAR HATCH

CSM - MODEM
C399 Whelen Cencom Core WCX Remote Siren & Control Center 1 1,109.00 1,109.00 CCTL7 Whelen Core WCX 21 Push-Buttons & 4-Position Slide Control Head 1 331.10 331.10 C399SP Whelen, SCANport KIT FOR C399 1 132.30 132.30
LH-CORE-PIU LEHR Core Harness, PIU to use Expansion Module 1 287.50 287.50 CEXAMP Whelen WCX External Amplifier 1 225.60 225.60
B500T Fire Extinguisher 5LB ABC Dry Chemical 1 131.28 131.28 I Installation Charges 17 140.00 2,380.00
_____________________________________
INSTALL Install Materials 1 225.00 225.00
F Shipping Charges 1 325.00 325.00
30,934.70
2463.00
28,471.70
Total:

Total Tax
Sub-Total
325.00
28146.70
Amount Exempt from Sales Tax
Amount Subject to Sales Tax
Name: __________________________________________________ Auth. Signature: ________________________________________ Agency Approval
PLEASE READ: No returns without approval and an RMA# will be accepted. All shortages, damage, or return claims must be made within 10 days of invoice date. NO EXCEPTIONS. A copy of the invoice and RMA paperwork must be shipped with returns. All return orders or cancellations are subject to a 25% restocking fee plus freight. Any change orders made 60 days prior to the installation date may be subject to a production delay and pricing changes. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.

Page:

Document Date:

Quote Number:

Sales Quote
To:

Ship
SalesPerson
Ship Via Customer ID
To:

Sell
55144
Mike McGee
1656
Phone:

Attention Tim Marchut
6000 HERITAGE TRL
Tim Marchut
Clayton Police Department
Installation at Lehr
Phone: (925) 673-7360
CLAYTON, CA 94517-1249
6000 HERITAGE TRL
Tim Marchut
Clayton Police Department
Phone: 925-370-2144 Fax: 925-370-2087
701 WILLOW PASS RD STE 8 PITTSBURG, CA 94565-1803
8/7/2025
4 Tax Ident. Type Legal Entity
Vehicle Information:
2025 FORD PIU, Unit: 1754
Terms: Net 30
Payment Method:

PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED 24 Requested By: TIM MARCHUT
Email: [email protected]
Work Phone: (925) 437-2103
Cell Phone: (925) 673-7350
Salesperson: Louis Rapkin
NO. Product Summary QTY UNIT PRICE UNIT PRICE AMOUNT
1 Cut Vinyl Vehicle Graphics for Vehicle 1754 1 $775.00 $775.00 $775.00 2 3M Scotchgard Clear Paint Protection #1754 1 $125.00 $125.00 $125.00 Subtotal: $900.00
Taxes: $55.50
Grand Total: $955.50
Deposit Required: $477.75
Bill To: CLAYTON POLICE
6000 HERITAGE TRAIL
CLAYTON, CA 94517
US
Pickup At: FASTSIGNS PLEASANT HILL
3381 Vincent Road, Ste J
PLEASANT HILL, CA 94523
US
DESCRIPTION: Cut Vinyl Vehicle Spanning Side Graphics With Door Edge Protection Following the Contour of the Vehicle for Ford Ex

ESTIMATE
EST--205729
PO Number:

Payment Terms: Cash Customer
Make Your Statement
fastsigns.com/16
3381 Vincent Road, Ste J
PLEASANT HILL, CA 94523
(925) 476-5163
Created Date: 7/24/2025
Thank you for your interest in FASTSIGNS of Pleasant Hill. The following is an estimation of cost for the items you have requested from us. Please review the estimate and contact us when you are ready to move forward with the order.

PLEASE NOTE: We require a 50% deposit before design proofs can be created and payment in full before production can begin on your project. For your convenience, we have included a CC authorization form which can be completed and emailed back, or, you can call customer service anytime M-F between 9-5.

Once the order is confirmed and payment is received, our designer will send you a proof for review. The first two proofs are included, and any subsequent proofs may incur additional fees.

Please call 925-476-5163 if you have any questions or need any revisions to your project.

This estimate is good for 30 days from the date of issue.

Generated On: 7/28/2025 10:36 AM Page 1 of 252
Signature: Date:

Generated On: 7/28/2025 10:36 AM Page 2 of 262
Winner Chevrolet DATE July 24, 2025
Quotation # 10114A
TO: CLAYTON PD FAN #
(916) 509-8577 - Desk 6000 Heritage Trail
(530) 906-1582 - Cell Clayton, CA 94517
Jeremy Crone Prepared by: Aidan Barnhart
(925) 968-5483
[email protected]
Comments or special instructions: Vehicle build and options are in additional pages.

AMOUNT
$ 44,650.00
$ -
$ (6,260.00)
$ 38,390.00
DOC Fee $ 85.00
Taxable Subtotal: $ 38,475.00

8.750% $ 3,366.56
Tire Fee: $ 8.75
Fuel: $ -
$ 400.00
Total: $ 42,250.31
QTY 1 Grand Total $ 42,250.31
If you have any questions concerning this quotation, contact Aidan Barnhart at (916) 509-8577 or email at [email protected]
CLIN 4 - Blazer
Options (Refer to Window Sticker):

Delivery Charge (Clayton):
**** specs with the PO or the vehicle will not be ordered. **** Subtotal
**** Please review, sign, and return a copy of the quote and **** ___________________________________________________
7220 Fawn Way,
Sacramento, CA 95823
State Contract # 1-25-23-01P
****Shipping charge added for deliveries beyond Sacramento. No charge for will call.**** CA Tire Fee: $1.75 / Per Tire
Tax Rate(Subject to change):

Description
Upgrade to 2025 ICE engine AWD 2LT
(Order Acknowledgment Signature) (Date)
THANK YOU FOR YOUR BUSINESS!!
27 Winner Chevrolet / Elk Grove Auto Group
Aidan Barnhart | 916-509-8577 | [email protected] Vehicle: [Fleet] 2025 Chevrolet Blazer (1NR26) AWD 4dr LT w/2LT Prepared by
Aidan Barnhart
Winner Chevrolet / Elk Grove Auto Group
916-509-8577
[email protected]
28 Winner Chevrolet / Elk Grove Auto Group
Aidan Barnhart | 916-509-8577 | [email protected] This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer’s input is subject to the accuracy of the input provided.

Data Version: 26042. Data Updated: Jul 23, 2025 6:47:00 PM PDT.

Jul 24, 2025 Page 2
Table of Contents
• Dealership Information
• Window Sticker
• Standard Equipment
• Selected Model and Options
• Technical Specifications
29 Winner Chevrolet / Elk Grove Auto Group
Aidan Barnhart | 916-509-8577 | [email protected] This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 26042. Data Updated: Jul 23, 2025 6:47:00 PM PDT.

Jul 24, 2025 Page 3
Dealership Information
***** IMPORTANT *****
Please review the Quote, "Window Sticker," and all included information and specifications for accuracy. If a purchase order is issued, please include a signed copy of this quote with the Window Sticker. By this quote being signed and returned by the purchasing agency, the purchasing agency acknowledges that the vehicle configuration and price are accurate.

The "Window Sticker" MSRP is for reference only and may not represent the final quoted price of the vehicle or optional equipment. Actual pricing may vary, see the Quote on page 1 for pricing.

Tax may not be included in the quote price. Purchasing agency is responsible for calculating tax. The tax rate is based on the registration address and cannot be a PO Box.

If the vehicle is going to be delivered beyond Sacramento, an additional delivery charge will be required.

Thanks!
Prepared By:

Aidan Barnhart
Winner Chevrolet / Elk Grove Auto Group
916-509-8577
[email protected]
30 Winner Chevrolet / Elk Grove Auto Group
Aidan Barnhart | 916-509-8577 | [email protected] Vehicle: [Fleet] 2025 Chevrolet Blazer (1NR26) AWD 4dr LT w/2LT ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 26042. Data Updated: Jul 23, 2025 6:47:00 PM PDT.

Jul 24, 2025 Page 4
Window Sticker

SUMMARY
[Fleet] 2025 Chevrolet Blazer (1NR26) AWD 4dr LT w/2LT
Interior:Jet Black/Medium Gray, Premium Cloth seat trim Exterior 1:Summit White
Exterior 2:No color has been selected.

Engine, 2.0L Turbo, 4-cylinder, SIDI DOHC with Variable Valve Timing (VVT) Transmission, 9-speed automatic, electronically-controlled

OPTIONS

CODE MODEL MSRP
1NR26 [Fleet] 2025 Chevrolet Blazer (1NR26) AWD 4dr LT w/2LT

OPTIONS
2LT LT Preferred Equipment Group $0.00
AR9 Seats, front bucket $0.00
FHB Axle, 3.47 final drive ratio $0.00
GAZ Summit White $0.00
H1T Jet Black/Medium Gray, Premium Cloth seat trim $0.00 IOS Audio system, Chevrolet Infotainment 3 Plus system $0.00 LSY Engine, 2.0L Turbo, 4-cylinder, SIDI DOHC with Variable Valve Timing (VVT)
$0.00
M3T Transmission, 9-speed automatic, electronically-controlled $0.00 QMX Tires, P235/65R18 all-season blackwall $0.00
RV3 Wheels, 18" (45.7 cm) Grazen Metallic aluminum $0.00 VK3 License plate front mounting package
VQ2 Fleet processing option $0.00
YF5 Emissions, California state requirements $0.00

FUEL ECONOMY
31 Winner Chevrolet / Elk Grove Auto Group
Aidan Barnhart | 916-509-8577 | [email protected] Vehicle: [Fleet] 2025 Chevrolet Blazer (1NR26) AWD 4dr LT w/2LT ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 26042. Data Updated: Jul 23, 2025 6:47:00 PM PDT.

Jul 24, 2025 Page 5
Est City:22 MPG
Est Highway:27 MPG
Est Highway Cruising Range:585.90 mi
32 Winner Chevrolet / Elk Grove Auto Group
Aidan Barnhart | 916-509-8577 | [email protected] Vehicle: [Fleet] 2025 Chevrolet Blazer (1NR26) AWD 4dr LT w/2LT ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 26042. Data Updated: Jul 23, 2025 6:47:00 PM PDT.

Jul 24, 2025 Page 6
Standard Equipment
Package
Chevy Safety Assist includes (UHY) Automatic Emergency Braking, (UKJ) Front Pedestrian Braking, (UHX) Lane Keep Assist with Lane Departure Warning, (UE4) Following Distance Indicator, (UEU) Forward Collision Alert and (TQ5) IntelliBeam
Mechanical
Engine, 2.0L Turbo, 4-cylinder, SIDI DOHC with Variable Valve Timing (VVT) with Stop/Start (228 hp (170 kW) at 5000 rpm, 258 lb-ft of torque [350 N-m]) @ 1500-4000 rpm) (STD) Transmission, 9-speed automatic, electronically-controlled with overdrive, includes Driver Shift Control (STD) Axle, 3.47 final drive ratio
Engine control, stop/start system
Engine control, stop/start system override
Engine air filtration monitor
All-wheel drive (Included and only available with AWD models.) Driver Mode Selector includes Tour (FWD), Sport, All-Wheel Drive (AWD), Snow/Ice, Tow/Haul, and Off-Road Alternator, 170 amps (Included and only available with (LSY) 2.0L Turbo engine.) Hitch Guidance (Included and only available with (V92) trailering equipment.) Trailering equipment includes (CTT) Hitch Guidance (Available on FWD models. Standard on AWD models.) GVWR, 6001 lbs. (2722 kg)
Suspension, Ride and Handling
Brakes, 4-wheel antilock, 4-wheel disc
Electronic parking brake
Tool kit, road emergency
Capless fuel fill
Exhaust, dual-outlet with circular bright tips
Exterior
Wheels, 18" (45.7 cm) Grazen Metallic aluminum (STD)
Tires, P235/65R18 all-season blackwall (STD)
Wheel, spare, 18" (45.7 cm) steel
Tire, compact spare, T135/70R18, blackwall
Moldings, lower bodyside (Molded-in-color Black.)
Antenna, body-color
Grille, Blazer signature Black horizontal 4-bar with Bright Chrome header bar 33 Winner Chevrolet / Elk Grove Auto Group
Aidan Barnhart | 916-509-8577 | [email protected] Vehicle: [Fleet] 2025 Chevrolet Blazer (1NR26) AWD 4dr LT w/2LT ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

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Jul 24, 2025 Page 7
Exterior
Active Aero Grille Shutters
Headlamps, IntelliBeam
Headlamps, LED
Headlamp control, automatic on and off with automatic delay Taillamps, LED
Mirrors, outside heated power-adjustable, manual-folding body-color Mirror caps, body-color
Glass, deep-tinted, rear windows and liftgate
Wipers, front variable-speed, intermittent with washers Wiper, rear intermittent with washer
Liftgate, rear manual
Door handles, body-color
Entertainment
Audio system, Chevrolet Infotainment 3 Plus system 10.2" diagonal HD color touchscreen, AM/FM stereo, Bluetooth audio streaming for 2 active devices, Apple CarPlay and Android Auto capable, enhanced voice recognition, in-vehicle apps, cloud connected personalization for select infotainment and vehicle settings.

Subscription required for enhanced and connected services after trial period. (STD) Audio system feature, 6-speaker system
SiriusXM with 360L Trial Subscription SiriusXM with 360L transforms your customers' ride with our most extensive and personalized radio experience on the road. (IMPORTANT: The SiriusXM trial subscription is not provided on vehicles that are ordered for Fleet Daily Rental ("FDR") use. Trial subscription is subject to the SiriusXM Customer Agreement and privacy policy, visit www.siriusxm.com which includes full terms and how to cancel. All fees, content, features, and availability are subject to change. Some features require GM connected vehicle services.)
Bluetooth for phone personal cell phone connectivity to vehicle audio system Wi-Fi Hotspot capable (Terms and limitations apply. See onstar.com or dealer for details.) Wireless Apple CarPlay/Wireless Android Auto
Active Noise Cancellation
Interior
Seats, front bucket (STD)
Seat trim, Premium Cloth
Seating, 5-passenger
Seats, heated driver and front passenger
Seat adjuster, driver 8-way power
34 Winner Chevrolet / Elk Grove Auto Group
Aidan Barnhart | 916-509-8577 | [email protected] Vehicle: [Fleet] 2025 Chevrolet Blazer (1NR26) AWD 4dr LT w/2LT ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 26042. Data Updated: Jul 23, 2025 6:47:00 PM PDT.

Jul 24, 2025 Page 8
Interior
Seat adjuster, front passenger 4-way manual
Seat adjuster, power driver lumbar control
Head restraints, front, 2-way adjustable, up/down
Head restraints, rear outboard 2-way adjustable, up/down USB data ports, 2, one type-A and one type-C located within the instrument panel USB charging-only ports 2, one type-A and one type-C, located on rear of center console Floor mats, carpeted front and rear (Deleted when LPO floor mats or LPO floor liners are ordered.) Steering wheel, urethane
Steering column, manual tilt and telescoping
Driver Information Center, 4.2" diagonal multi-color
Vehicle health management provides advanced warning of vehicle issues Compass, digital
Windows, power with driver Express-Up/Down and front passenger and rear seat passengers Express-Down Door locks, power programmable with lockout protection
Keyless Open and Start includes extended range Remote Keyless Entry Remote Start
Cruise control, electronic with set and resume speed
Theft-deterrent system, electrical, unauthorized entry
Air conditioning, dual-zone automatic climate control with individual climate settings for driver and right-front passenger
Sensor, cabin humidity and windshield temperature
Defogger, rear-window electric
Air filtration system
Air vents, rear console
Glovebox, lockable
Cup holders, 2 in front center console and 2 in rear center armrest Mirror, inside rearview manual day/night
Visors, driver and front passenger illuminated vanity mirrors covered Assist handles, front passenger and rear outboard with coat hooks on rear passenger assist handles Lighting, interior with front reading lamps, overhead courtesy lamp, dual rear-quarter panel area dome lamps, True White backlit switches, True White pin spot lighting in the bin forward of the shifter and front footwells and backlit USB ports
35 Winner Chevrolet / Elk Grove Auto Group
Aidan Barnhart | 916-509-8577 | [email protected] Vehicle: [Fleet] 2025 Chevrolet Blazer (1NR26) AWD 4dr LT w/2LT ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 26042. Data Updated: Jul 23, 2025 6:47:00 PM PDT.

Jul 24, 2025 Page 9
Interior
Umbrella holders, driver and front passenger doors
Safety-Mechanical
Front Pedestrian Braking (Included with Chevy Safety Assist.) StabiliTrak, stability control system with traction control Airbags, frontal and seat-mounted for driver and front passenger knee for driver, and head-curtain for front and rear outboard seating positions (Always use seat belts and child restraints. Children are safer when properly secured in a rear seat in the appropriate child restraint. See the Owner's Manual for more information.) Safety-Exterior
Daytime Running Lamps, LED
Safety-Interior
Front outboard Passenger Sensing System for frontal outboard passenger airbag (Always use seat belts and child restraints. Children are safer when properly secured in a rear seat in the appropriate child restraint. See the Owner's Manual for more information.)
OnStar services capable (See onstar.com for details and limitations. Services vary by model. Service plan required.)
OnStar Basics (OnStar Fleet Basics for Fleet) Drive confidently with core OnStar services including remote commands, built-in voice assistance, real-time traffic and navigation, and Automatic Crash Response to help if you're in need. (OnStar Basics includes remote commands, Navigation, Voice Assistance, and Automatic Crash Response, for eligible vehicles with compatible software. For MY25 vehicles, OnStar Basics is standard for 8 years; OnStar plan, working electrical system, cell reception and GPS signal required. OnStar links to emergency services. Service coverage varies with conditions and location. Service availability, features and functionality vary by device and software version. See onstar.com for details and limitations.) HD Rear Vision Camera
Lane Keep Assist with Lane Departure Warning (Included with Chevy Safety Assist.) Following Distance Indicator (Included with Chevy Safety Assist.) Automatic Emergency Braking (Included with Chevy Safety Assist.) Forward Collision Alert (Included with Chevy Safety Assist.) Rear Seat Reminder
Buckle to Drive prevents vehicle from being shifted out of Park until driver seat belt is fastened Seat belts, 3-point, all positions includes front seat belt pretensioners Door locks, rear child security
LATCH system (Lower Anchors and Tethers for CHildren), for child restraint seats Teen Driver a configurable feature that lets you activate customizable vehicle settings associated with a key fob, to help encourage safe driving behavior. It can limit certain available vehicle features, and it prevents certain safety systems from being turned off. An in-vehicle report card gives you information on driving habits and helps you to continue to coach your new driver
36 Winner Chevrolet / Elk Grove Auto Group
Aidan Barnhart | 916-509-8577 | [email protected] Vehicle: [Fleet] 2025 Chevrolet Blazer (1NR26) AWD 4dr LT w/2LT ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 26042. Data Updated: Jul 23, 2025 6:47:00 PM PDT.

Jul 24, 2025 Page 10
Safety-Interior
Tire Pressure Monitor (Does not apply to spare tire.)
Tire Fill Alert provides audible alerts outside the vehicle when inflating an under inflated tire to the recommended tire pressure (Does not apply to spare tire.)
Horn, dual-note

WARRANTY
Warranty Note: <<< Preliminary 2025 Warranty >>>
Basic Years: 3
Basic Miles/km: 36,000
Drivetrain Years: 5
Drivetrain Miles/km: 60,000
Drivetrain Note: Certain commercial, government, and qualified fleet vehicles: 5 years/100,000 miles Corrosion Years (Rust-Through): 6
Corrosion Years: 3
Corrosion Miles/km (Rust-Through): 100,000
Corrosion Miles/km: 36,000
Roadside Assistance Years: 5
Roadside Assistance Miles/km: 60,000
Roadside Assistance Note: Certain commercial, government, and qualified fleet vehicles: 5 years/100,000 miles Maintenance Note: First Visit: 12 Months/12,000 Miles
Selected Model and Options
MODEL

CODE MODEL
1NR26 2025 Chevrolet Blazer AWD 4dr LT w/2LT
COLORS

CODE DESCRIPTION
GAZ Summit White

EMISSIONS

CODE DESCRIPTION
YF5 Emissions, California state requirements
ENGINE

CODE DESCRIPTION
LSY Engine, 2.0L Turbo, 4-cylinder, SIDI DOHC with Variable Valve Timing (VVT) 37 Winner Chevrolet / Elk Grove Auto Group
Aidan Barnhart | 916-509-8577 | [email protected] Vehicle: [Fleet] 2025 Chevrolet Blazer (1NR26) AWD 4dr LT w/2LT ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 26042. Data Updated: Jul 23, 2025 6:47:00 PM PDT.

Jul 24, 2025 Page 11

TRANSMISSION

CODE DESCRIPTION
M3T Transmission, 9-speed automatic, electronically-controlled AXLE

CODE DESCRIPTION
FHB Axle, 3.47 final drive ratio

PREFERRED EQUIPMENT GROUP

CODE DESCRIPTION
2LT LT Preferred Equipment Group
WHEELS

CODE DESCRIPTION
RV3 Wheels, 18" (45.7 cm) Grazen Metallic aluminum
TIRES

CODE DESCRIPTION
QMX Tires, P235/65R18 all-season blackwall
PAINT

CODE DESCRIPTION
GAZ Summit White

SEAT TYPE

CODE DESCRIPTION
AR9 Seats, front bucket

SEAT TRIM

CODE DESCRIPTION
H1T Jet Black/Medium Gray, Premium Cloth seat trim
RADIO

CODE DESCRIPTION
IOS Audio system, Chevrolet Infotainment 3 Plus system
38 Winner Chevrolet / Elk Grove Auto Group
Aidan Barnhart | 916-509-8577 | [email protected] Vehicle: [Fleet] 2025 Chevrolet Blazer (1NR26) AWD 4dr LT w/2LT ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 26042. Data Updated: Jul 23, 2025 6:47:00 PM PDT.

Jul 24, 2025 Page 12

ADDITIONAL EQUIPMENT - EXTERIOR

CODE DESCRIPTION
VK3 License plate front mounting package

ADDITIONAL EQUIPMENT - OTHER

CODE DESCRIPTION
VQ2 Fleet processing option
Options Total
39 Winner Chevrolet / Elk Grove Auto Group
Aidan Barnhart | 916-509-8577 | [email protected] Vehicle: [Fleet] 2025 Chevrolet Blazer (1NR26) AWD 4dr LT w/2LT ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 26042. Data Updated: Jul 23, 2025 6:47:00 PM PDT.

Jul 24, 2025 Page 13
Technical Specifications
Powertrain
Transmission
Drivetrain All Wheel Drive Trans Order Code M3T
Trans Type 9 Trans Description Cont. Automatic
Trans Description Cont. Again N/A First Gear Ratio (:1) 4.69 Second Gear Ratio (:1) 3.31 Third Gear Ratio (:1) 3.01
Fourth Gear Ratio (:1) 2.44 Fifth Gear Ratio (:1) 1.92
Sixth Gear Ratio (:1) 1.44 Reverse Ratio (:1) 2.96
Clutch Size N/A Final Drive Axle Ratio (:1) 3.47
Transfer Case Gear Ratio (:1), High N/A Transfer Case Gear Ratio (:1), Low N/A Seventh Gear Ratio (:1) 1.00 Eighth Gear Ratio (:1) 0.75 Ninth Gear Ratio (:1) 0.62
Mileage
EPA Fuel Economy Est - Hwy 27 MPG Cruising Range - City 477.40 mi EPA Fuel Economy Est - City 22 MPG Fuel Economy Est-Combined 24 MPG Cruising Range - Hwy 585.90 mi EPA MPG Equivalent - City N/A EPA MPG Equivalent - Hwy N/A Estimated Battery Range N/A Engine
Engine Order Code LSY Engine Type Turbocharged
Gas I4
Displacement 2.0L/-TBD- Fuel System Direct Injection
SAE Net Horsepower @ RPM 228 @ 5000 SAE Net Torque @ RPM 258 @ 1500-4000 Electrical
Cold Cranking Amps @ 0° F (Primary) N/A Maximum Alternator Capacity (amps) 170 Cooling System
Total Cooling System Capacity N/A
40 Winner Chevrolet / Elk Grove Auto Group
Aidan Barnhart | 916-509-8577 | [email protected] Vehicle: [Fleet] 2025 Chevrolet Blazer (1NR26) AWD 4dr LT w/2LT ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 26042. Data Updated: Jul 23, 2025 6:47:00 PM PDT.

Jul 24, 2025 Page 14
Vehicle
Emissions
Tons/yr of CO2 Emissions @ 15K mi/year 7.4 EPA Greenhouse Gas Score N/A Vehicle
EPA Classification Sport Utility
Vehicles
Chassis
Weight Information
Base Curb Weight 4144 lbs Curb Weight - Front N/A
Curb Weight - Rear N/A Maximum Payload Capacity N/A
Curb Weight N/A Total Option Weight 0.00 lbs
Trailering
Dead Weight Hitch - Max Trailer Wt. 3250 lbs Dead Weight Hitch - Max Tongue Wt. 325 lbs Wt Distributing Hitch - Max Trailer Wt. 3250 lbs Wt Distributing Hitch - Max Tongue Wt. 325 lbs Maximum Trailering Capacity N/A
Suspension
Suspension Type - Front MacPherson Strut Suspension Type - Rear Five-Link Independent
Suspension Type - Front (Cont.) N/A Suspension Type - Rear (Cont.) N/A Shock Absorber Diameter - Front N/A Shock Absorber Diameter - Rear N/A Stabilizer Bar Diameter - Front N/A Stabilizer Bar Diameter - Rear N/A Tires
Front Tire Order Code QMX Rear Tire Order Code QMX
Spare Tire Order Code ZCD Front Tire Size P235/65R18
Rear Tire Size P235/65R18 Spare Tire Size T135/70R18
Wheels
Front Wheel Size 18 x -TBD- in Rear Wheel Size 18 x -TBD- in Spare Wheel Size 18 x -TBD- in Front Wheel Material Aluminum Rear Wheel Material Aluminum Spare Wheel Material Steel 41 Winner Chevrolet / Elk Grove Auto Group
Aidan Barnhart | 916-509-8577 | [email protected] Vehicle: [Fleet] 2025 Chevrolet Blazer (1NR26) AWD 4dr LT w/2LT ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 26042. Data Updated: Jul 23, 2025 6:47:00 PM PDT.

Jul 24, 2025 Page 15
Chassis
Steering
Steering Type N/A Steering Ratio (:1), Overall N/A
Lock to Lock Turns (Steering) N/A Turning Diameter - Curb to Curb N/A Turning Diameter - Wall to Wall N/A
Brakes
Brake Type Pwr Brake ABS System 4-Wheel
Brake ABS System (Second Line) N/A Disc - Front (Yes or ) Yes Disc - Rear (Yes or ) Yes Front Brake Rotor Diam x Thickness 12.64 x -TBD- in Rear Brake Rotor Diam x Thickness 12.4 x -TBD- in Drum - Rear (Yes or ) N/A Rear Drum Diam x Width N/A
Fuel Tank
Fuel Tank Capacity, Approx 21.7 gal Aux Fuel Tank Capacity, Approx N/A Dimensions
Interior Dimensions
Passenger Capacity 5 Passenger Volume 107.8 ft³
Front Head Room 39.8 in Front Leg Room 41 in
Front Shoulder Room 59.1 in Front Hip Room 55.6 in
Second Head Room 38.6 in Second Leg Room 39.6 in
Second Shoulder Room 58.6 in Second Hip Room 54.2 in
Exterior Dimensions
Wheelbase 113 in Length, Overall 191.8 in
Width, Max w/o mirrors 76.7 in Height, Overall 67 in
Track Width, Front 66.4 in Track Width, Rear 66.2 in
Min Ground Clearance 7.5 in Rear Door Opening Height N/A Rear Door Opening Width N/A Liftover Height N/A
Cargo Area Dimensions
Cargo Area Length @ Floor to Seat 1 N/A Cargo Area Length @ Floor to Seat 2 N/A 42 Winner Chevrolet / Elk Grove Auto Group
Aidan Barnhart | 916-509-8577 | [email protected] Vehicle: [Fleet] 2025 Chevrolet Blazer (1NR26) AWD 4dr LT w/2LT ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 26042. Data Updated: Jul 23, 2025 6:47:00 PM PDT.

Jul 24, 2025 Page 16
Dimensions
Cargo Area Dimensions
Cargo Area Length @ Floor to Seat 3 N/A Cargo Area Width @ Beltline N/A Cargo Box Width @ Wheelhousings N/A Cargo Box (Area) Height N/A Cargo Volume to Seat 1 64.2 ft³ Cargo Volume to Seat 2 30.5 ft³ Cargo Volume to Seat 3 N/A
43 Item No. Description Quantity Unit Price Total Price _____________________________________
Front End Equipment
_____________________________________
VTX9D Whelen Vertex Super-LED Omni Directional Lighthead DUO Red/White 1 83.95 83.95 VTX9E Whelen Vertex Super-LED Omni Directional Lighthead DUO Blue/White 1 83.95 83.95 SA315P Whelen Siren Speaker 100W 1 199.99 199.99
SAK9 Whelen Speaker Bracket Universal Swivel 1 37.10 37.10 MI0001 Patrol Power Gen 1 Mini Harness 1 559.20 559.20
I Installation Charges 6 140.00 840.00
_____________________________________
Drivers Compartment Equipment
_____________________________________
NPN BSFW598 // WHELEN WCX INNER EDGE DUO BLAZER 1 1,154.40 1,154.40 C399 Whelen Cencom Core WCX Remote Siren & Control Center 1 1,109.00 1,109.00 CCTL5 Whelen Core WCX Hand-Held Control Head 1

CSM - RADIO FOR INSTAL
I Installation Charges 10 140.00 1,400.00
_____________________________________
Back End Equipment
_____________________________________
VTX9J Whelen Vertex Super-LED Omni Directional Lighthead DUO Red/Blue 2 83.95 167.90 I Installation Charges 2 140.00 280.00
6,433.11
517.62
5,915.49
Total:

Total Tax
Sub-Total

0.00 5915.49
Amount Exempt from Sales Tax
Amount Subject to Sales Tax
Name: __________________________________________________ Auth. Signature: ________________________________________ Agency Approval
PLEASE READ: No returns without approval and an RMA# will be accepted. All shortages, damage, or return claims must be made within 10 days of invoice date. NO EXCEPTIONS. A copy of the invoice and RMA paperwork must be shipped with returns. All return orders or cancellations are subject to a 25% restocking fee plus freight. Any change orders made 60 days prior to the installation date may be subject to a production delay and pricing changes. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.

Page:

Document Date:

Quote Number:

Sales Quote
To:

Ship
SalesPerson
Ship Via Customer ID
To:

Sell
55102
Mike McGee
1656
Phone:

Attention Tim Marchut
6000 HERITAGE TRL
Tim Marchut
Clayton Police Department
Installation at Lehr
Phone: (925) 673-7360
CLAYTON, CA 94517-1249
6000 HERITAGE TRL
Tim Marchut
Clayton Police Department
Phone: 925-370-2144 Fax: 925-370-2087
701 WILLOW PASS RD STE 8 PITTSBURG, CA 94565-1803
8/5/2025
1 Tax Ident. Type Legal Entity
Vehicle Information:

Terms: Net 30
Payment Method:

PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED 44 TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Dennis Bozanich
DATE: August 19, 2025
SUBJECT: Approve and Authorize the City Manager to Execute a Maintenance Services Contract with Brightview Tree Care Services, Inc. for Tree Maintenance and Consulting Services for a not to exceed amount of $120,000.

Agenda Item: 4.d

STAFF REPORT

RECOMMENDATION
Staff recommends that the City Council approve and authorize the City Manager to execute a one-year Maintenance Contract with Brightview Tree Care Services, Inc. for Tree Maintenance and Consulting Services for an a not to exceed amount of $120,000.

BACKGROUND
On June 16, 2025, the City published a Request for Proposal for Tree Care and Consultant Services. Ten companies submitted proposals prior to the July 11, 2025 deadline. The proposals were scored based on the General Qualifications, Relevant Experience, Proposed Staffing, Pricing, Proposed Approach to the delivery of services, Responsive, and References.

Brightview's proposal received the highest score. The contract term is for one-year with up to two one-year extensions by mutual agreement. This contract will be managed by the Public Works Director/City Engineer.

DISCUSSION
//

FISCAL IMPACTS
The not to exceed amount is the total budgeted in FY2025-26 for tree trimming in the General Fund (Public Works and Parks Departments), Landscape and Maintenance District and Grove Park District.

CEQA
Tree maintenance activities are exempt from CEQA.

ATTACHMENTS
Clayton Maintenance Services Agreement (2025) - Brightview.docx.pdf 45 38044.00000\43878671.1
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CITY OF CLAYTON

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 20th day of August, 2025 by and between the City of Clayton, a municipal corporation organized under the laws of the State of California with its principal place of business at 6000 Heritage Trail, Clayton, CA 94517 (“City”) and Brightview Tree Care Services, Inc., a Corporation with its principal place of business at 4931 Pacheco Blvd. Martinez, CA 94553 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing Tree Care services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the Tree Care Services and Consultant (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Tree Care and Consultant maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from August 20, 2025 to August 19, 2026, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

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3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates Public Works/City Engineer, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby Douglas Carey, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Docusign Envelope ID: 7577DF84-988E-4D24-99FA-A2DA23372A36 25947
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Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).

Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor 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. Such Docusign Envelope ID: 7577DF84-988E-4D24-99FA-A2DA23372A36 26048
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requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its subsections.

3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 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.

3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for Docusign Envelope ID: 7577DF84-988E-4D24-99FA-A2DA23372A36 26149
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violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

3.2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:

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(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; (4) Privacy/Network Security (Cyber), in a form and with insurance companies acceptable to City. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 MINIMUM; and $4,000,0000 aggregate per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:
$1,000,000 MINIMUM per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 MINIMUM per accident for bodily injury or disease; (4) Cyber Liability: $1,000,000 PER OCCURRENCE/AGGREGATE; for privacy breaches, system breaches, denial/loss of service, and introduction, implantation or spread of malicious software code. Defense costs shall be paid in addition to the limits. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of Clayton, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Clayton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or Docusign Envelope ID: 7577DF84-988E-4D24-99FA-A2DA23372A36 26351
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endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section

3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional Docusign Envelope ID: 7577DF84-988E-4D24-99FA-A2DA23372A36 26452
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insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Reserved.

3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records Docusign Envelope ID: 7577DF84-988E-4D24-99FA-A2DA23372A36 26553
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shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.2.15 Work Site.

3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been Docusign Envelope ID: 7577DF84-988E-4D24-99FA-A2DA23372A36 26654
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transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed One hundred Twenty Thousand Dollars ($120,000) without written approval of City’s Public Works Director/City Engineer. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. 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, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect Docusign Envelope ID: 7577DF84-988E-4D24-99FA-A2DA23372A36 26755
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at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor 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 Contractor and all subcontractors 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.

3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’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. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor 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 Contractor or any subcontractor.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Contractor may, by written notice to City, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to City of such termination, and specifying the effective date thereof, at least one hundred and twenty (120) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services Docusign Envelope ID: 7577DF84-988E-4D24-99FA-A2DA23372A36 26856
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under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5 General Provisions.

3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

Douglas Carey
Branch Manager
4931 Pacheco Blvd Martinez, CA 94553
Phone: (510) 387-4083
Email: [email protected]
City:

City of Clayton
6000 Heritage Trail
Clayton, CA 94517
Attn: Public Works Director/City Engineer
With Copy To:

City of Clayton
6000 Heritage Trail
Clayton, CA 94517
Attn: City Attorney
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity. Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all thirdparty claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) to the extent caused by the acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for Docusign Envelope ID: 7577DF84-988E-4D24-99FA-A2DA23372A36 26957
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damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense which is caused by the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City.

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this indemnification section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Contra Costa County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors Docusign Envelope ID: 7577DF84-988E-4D24-99FA-A2DA23372A36 27058
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of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. 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 member, 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.

3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

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3.5.18 Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.

3.5.19 Fleet Compliance.

3.5.19.1 To the extent applicable, Contractor, shall comply, and shall ensure all subcontractors comply, with all requirements of the most current version of the California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). A Fleet Compliance Certification form is attached hereto to this Agreement as Exhibit “D” and incorporated herein by this reference.

3.5.19.2 Throughout Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, the CRCs, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.

3.5.19.3 Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation. [SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF CLAYTON
AND BRIGHTVIEW TREE CARE SERVICES, INC.

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

CITY OF CLAYTON
APPROVED BY:

KRIS LOFTHUS,
City Manager
ATTESTED BY:

SKYLER AITKEN,
Acting City Clerk
BRIGHTVIEW TREE CARE SERVICES, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:
____________________________________
Contractor’s License Number
____________________________________
DIR Registration Number
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EXHIBIT A

SCOPE OF SERVICES
The city requires highly qualified tree care and arborist service providers to perform preventative maintenance and as needed emergency hazard mitigation limb and tree removal services (individually and collectively, “services”) for city-owned street, park and other city facility trees.

The selected contractor will provide any or all of the following services:
• Tree pruning – Pruning of city-owned trees in accordance with city standards. • Tree removal - Removal of city-owned trees in accordance with city standards. • Stump grinding and removal - Removal and/or grinding of tree stumps as necessary, and in accordance with city standards.
• Emergency callouts - As directed by the public works director/city engineer or public safety officials, respond to emergency requests for tree services after normal business hours for property or life safety purposes
• Create a tree inventory management program and enter tree maintenance data - Create a tree inventory management database such as Arbor Access or an approved alternate tree inventory management software program. Provide the city with a GIS compatible tree inventory dataset. Daily while working in the city, or on a schedule to be determined by the public works director/city engineer, provide Tree-specific updates on all treerelated maintenance activities. • Tree inventory data collection at new sites - On a quarterly basis, collect and provide specific data on trees at new sites for the city’s tree inventory. Enter data into tree inventory management software.
• Recycling of wood debris - Provide a woodchipper which produces high quality wood chip mulch which can be recycled and used as planter mulch. City to provide sites for mulch delivery or centralized stockpile location.
• Hauling and disposal of all wood debris - Provide proper hauling and disposal.

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EXHIBIT B

SCHEDULE OF SERVICES
To be determined on a quarterly basis in discussions between the Public Works Director/City Engineer and Brightview.

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EXHIBIT C

COMPENSATION
Prevailing wage rates applied
Crew hourly rates are for a crew lead/trimmer and a grounds person Docusign Envelope ID: 7577DF84-988E-4D24-99FA-A2DA23372A36 27664
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Dennis Bozanich
DATE: August 19, 2025
SUBJECT: Approve and Authorize the City Manager to Execute a Maintenance Services Contract with S2SERM, LLC for Weed Prevention and Abatement Services for a not to exceed amount of $120,000.

Agenda Item: 4.e

STAFF REPORT

RECOMMENDATION
Authorize the City Manager to Execute a Maintenance Services Contract with S2SERM, LLC for Weed Prevention and Abatement Services for a not to exceed amount of $120,000.

BACKGROUND
On June 19, 2025, the City published a Request for Proposal for Weed Prevention and Abatement Services. Ten companies submitted proposals prior to the July 11, 2025 deadline.

The proposals were scored based on the General Qualifications, Relevant Experience, Proposed Staffing, Pricing, Proposed Approach to the delivery of services, Responsive, and References. S2SERM's proposal received the highest score. The contract term is for one-year with up to two one-year extensions by mutual agreement. This contract will be managed by the Public Works Director/City Engineer.

FISCAL IMPACTS
The not to exceed amount is the total budgeted in FY2025-26 for weed prevention and abatement in the Landscape and Maintenance District, Diablo Estates Assessment District and Diablo Meadows Subdivision Assessment District (Fund 233.) CEQA
Weed prevention and abatement activities are exempt from CEQA.

ATTACHMENTS
Clayton_Weed_Maintenance_Services_Agreement_(2025)_-_S2SERM,_LLC.pdf 65 38044.00000\43878671.1
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CITY OF CLAYTON

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 20th day of August, 2025 by and between the City of Clayton, a municipal corporation organized under the laws of the State of California with its principal place of business at 6000 Heritage Trail, Clayton, CA 94517 (“City”) and S2SERM, LLC, a Limited Liability Company with its principal place of business at 2246 Camino Ramon, San Ramon, CA 94583 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing Weed Prevention and Abatement services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the Weed Prevention and Abatement services(“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Weed Prevention and Abatement services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

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3.2 Responsibilities of Contractor.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.5 Contractor’s Representative. Contractor hereby Brian Frantz, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Docusign Envelope ID: 97089A7E-6B22-4022-828A-1C0E98B65C98 24067
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Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).

3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor 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. Such Docusign Envelope ID: 97089A7E-6B22-4022-828A-1C0E98B65C98 24168
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requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for Docusign Envelope ID: 97089A7E-6B22-4022-828A-1C0E98B65C98 24269
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violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.11 Insurance.

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(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Clayton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or Docusign Envelope ID: 97089A7E-6B22-4022-828A-1C0E98B65C98 24471
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endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional Docusign Envelope ID: 97089A7E-6B22-4022-828A-1C0E98B65C98 24572
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insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.2.13 Reserved.

3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records Docusign Envelope ID: 97089A7E-6B22-4022-828A-1C0E98B65C98 24673
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shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.2.15 Work Site.

3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been Docusign Envelope ID: 97089A7E-6B22-4022-828A-1C0E98B65C98 24774
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transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. 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, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect Docusign Envelope ID: 97089A7E-6B22-4022-828A-1C0E98B65C98 24875
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at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor 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 Contractor and all subcontractors 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.

3.4 Termination of Agreement.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

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3.5 General Provisions.

Contractor:

S2SERM,LLC
Brian Frantz, CEO
2246 Camino Ramon
San Ramon, CA 94583
Phone: (925) 362-3041
Email: [email protected]
City:

City of Clayton
6000 Heritage Trail
Clayton, CA 94517
Attn: Public Works Director/City Engineer
With Copy To:

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense which is Docusign Envelope ID: 97089A7E-6B22-4022-828A-1C0E98B65C98 25077
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caused by the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City.

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

3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its Docusign Envelope ID: 97089A7E-6B22-4022-828A-1C0E98B65C98 25178
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officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

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3.5.19 Fleet Compliance.

3.5.19.3 Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation. [SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF CLAYTON
AND S2SERM, LLC
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

CITY OF CLAYTON
APPROVED BY:

KRIS LOFTHUS,
City Manager
ATTESTED BY:

SKYLER AITKEN,
Acting City Clerk
S2SERM, LLC
By:

Its: Chief Executive Officer
Printed Name:

Brian Frantz
By:

Its:

Printed Name:
____________________________________
Contractor’s License Number
____________________________________
DIR Registration Number
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1000024221
25481
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EXHIBIT A

SCOPE OF SERVICES
S2S shall perform the full range of tasks outlined in the City’s RFP Draft Scope of Services for the Weed Abatement Project, with additional enhancements to maximize efficiency, minimize disruption to the public, and ensure regulatory compliance. The Scope of Services includes the following key components:

1. Vegetation Management and Weed Abatement
a. Mechanical removal of weeds, grasses, and brush using hand tools, string trimmers, and walk-behind brush mowers in compliance with fire safety standards.
b. Targeted herbicide application, where necessary, by licensed applicators in accordance with California Department of Pesticide Regulation guidelines. c. Vegetation clearance around structures, roadways, and public areas, while maintaining erosion control and habitat preservation.

2. Fire Prevention and Risk Mitigation
a. Prioritization of high-risk fire areas, including wildland-urban interface zones and hillsides with dense fuel loads.
b. Removal of dead vegetation, ladder fuels, and fire hazards in accordance with Cal Fire defensible space requirements.
c. Installation of erosion control BMPs (e.g., fiber rolls, mulch, and jute netting) where vegetation removal may expose soil.

3. Public Area and Right-of-Way Work
a. Weed abatement around public buildings, schools, parks, and sidewalks with sensitivity to foot traffic and public access.
b. Weekend or early morning work hours near schools or community gathering locations to reduce disruption.
c. Use of bilingual signage and door hangers to notify residents in advance.

4. Site Inspection, Monitoring, and Documentation
a. Initial and follow-up site assessments by qualified personnel to guide timing and extent of abatement efforts.
b. Photo documentation (before, during, and after) geo-tagged and archived for City recordkeeping and transparency.
c. Regular reporting to City staff with updates on schedule, scope, and emergent issues.

5. Waste Handling and Disposal
a. Vegetative debris will be collected, chipped, or hauled to a permitted green waste facility. No material will be stockpiled on-site.

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EXHIBIT B

SCHEDULE OF SERVICES
To be determined on a quarterly basis in discussions between the Public Works Director/City Engineer and Brightview.

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EXHIBIT C

COMPENSATION
Prevailing wage rates applied
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TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Dennis Bozanich
DATE: August 19, 2025
SUBJECT: Approve and Authorize the City Manager to Execute the Professional Services Contract with R3 for SB 1823 Implementation, Public Contracting Code Section 12209, as updated and Cal Recycle Grant Management.

Agenda Item: 4.f

STAFF REPORT

RECOMMENDATION
Staff recommends that the City Council approve and authorize the City Manager to execute the Contract with R3 for SB 1823 Implementation, Public Contracting Code Section 12209, as updated and Cal Recycle Grant Management.

BACKGROUND
The contractor, R3 Consulting Group, Inc., has supported the efforts of the City to implement the Edible Food Recovery program, provided compliance recordkeeping and reporting services for SB 1383, evaluated procurement options for recovered organic waste to support compost procurement requirements and technical assistance for City staff. The contact for $29,500 is paid for by State grant funds which the City has already received. The contract will expire in April 2026 when these grant funds expire, and a final report is due to Cal Recycle.

Council is being asked to approve this contract since the previous contract expired and the aggregate payments made to the contractor exceed the $30,000 signature authority for the City Manager.

FISCAL IMPACTS
This contract is funded by a grant from CalRecycle.

CEQA
The services provided by this contract are administrative in nature and are exempt from CEQA.

ATTACHMENTS
PSA_-_R3_Consulting_07_31_2025_final.pdf
85 38044.03101\30483741.3
1 CITY OF CLAYTON

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of August 19, 2025 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 R3 Consulting Group, Inc., A California corporation, with its principal place of business at 1504 Eureka Road, Suite 220, Roseville, CA 95661 (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 for the following project:
• SB 1823 Implementation,
• Public Contracting Code Section 12209 as updated, and • Cal Recycle Grant Management including compliance reporting (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 $29,500. 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 the work performed will be made on a monthly billing basis.

3. Additional Work.

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2 If a change in the work seems 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. Term.

The term of this Agreement shall be from August 20, 2025, to March 31, 2026, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The

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; pandemics, 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
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3 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 Contractor
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 Agreement (8) Property Damage
(9) Independent Contractors Coverage
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4 (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.

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5 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 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 combined single limit
Employer’s Liability $1,000,000 per accident or disease 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
(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 Docusign Envelope ID: D3E726F7-B82E-4569-BEC7-EFFBF96F8311 22890
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6 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 provide a 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
(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 Docusign Envelope ID: D3E726F7-B82E-4569-BEC7-EFFBF96F8311 22991
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7 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. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.

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8 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. 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.

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.

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9 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 Rose Radford 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.

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
CONSULTANT:

Rose Radford, Project Manager
415 13
th Street Ste. 450
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38044.03101\30483741.3
10 Clayton, CA 94517
Attn: Dennis Bozanich, Administration
Oakland, CA 94612
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 remaining 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.

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11 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]
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12 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF CLAYTON
AND R3 CONSULTING GROUP, INC.

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

CITY OF CLAYTON R3 Consulting Group, Inc.

By: By:

Kris Lofthus Janet Barile
City Manager Vice President
DATE: ________________________ DATE: _________________________ ATTEST:

By:

Skyler Aitken
Acting City Clerk
Docusign Envelope ID: D3E726F7-B82E-4569-BEC7-EFFBF96F8311 7/31/2025
23597
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13 EXHIBIT A
Scope of Services
Task 1 Edible Food Recovery Program
R3 proposes to complete the following in support of the City’s Edible Food Recovery program:

Coordinate collateral distribution (collateral provided by the County), including annual mailers to be distributed by Republic to Tier 1 & 2 edible food generators to meet the annual notification requirements of the law. Support on responding to the County’s questions about capacity, if applicable. Outreach to food recovery organizations and generators as needed and appropriate.

Development of draft language for the City’s website. This proposal assumes Republic has already accurately identified Tier 1 and 2 generators, as defined by SB 1383, in the City.

Task 2 Recordkeeping and Reporting
R3 will assist the City in the development of the City’s internal recordkeeping program for compliance with the SB 1383 Implementation Record requirements. If the City chooses to use Recyclist or another implementation record software for recordkeeping and reporting, R3 will engage with Republic on logistics and assist the City with onboarding staff responsible for recordkeeping.

R3 will also assist the City in submitting all necessary grant reports and prepare documents for City staff signatures. R3 will coordinate with Republic Services on some of the planned grant expenditures, such as purchase of recycling and organics containers for public spaces, and assist the City in expending all grant funds on eligible programs.

Task 3 Procurement
R3 will evaluate procurement pathways on the City’s behalf for Recovered Organic Waste Product Procurement via use of direct service providers to support carbon sequestration and allocation of Republic-sold compost and mulch to the City. New state laws AB 2902 and AB 2346 have changed strategies for procurement compliance; also, grant funding will likely not be available after this current round of funding, so Clayton will need to have a new strategy for compost product procurement compliance.

R3 will also facilitate training for City staff as needed on recycled content paper procurement requirements & recordkeeping, after a recordkeeping platform is identified via Task 2.

Task 4 On-Call and Miscellaneous Support
R3 will provide an average of four hours of additional on-call support, on an as-needed basis and as requested by the City, per month. This may include:

Assistance to the City on adjusting existing complaint portals to meet the law’s requirements.

Reviewing Republic updates to its Annual Service Guide and quarterly newsletters to ensure that the public education provided facilitates full compliance with the outreach and education requirements of SB 1383.

Assisting the City in managing key SB 1383 programs covered under its contract with Republic to facilitate the City’s oversight over Republic’s activities.

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14 EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract.

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15 EXHIBIT C
Activity Schedule
R3 proposes to complete all items in our scope of work by March 31, 2026.

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TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Skyler Aitken
DATE: August 19, 2025
SUBJECT: Unsung Hero - Sarah Brinkman
Agenda Item: 5.a

STAFF REPORT

BACKGROUND
Recognize contributions from Sarah Brinkman from the month of July

FISCAL IMPACTS
N/A

ATTACHMENTS
Sarah Brinkman - Unsung Hero - July 2025.pdf
101
Sarah Brinkman – Unsung Hero – July 2025
Sarah Brinkman grew up in Danville and moved to the Clayton Area in 2018 with her husband Alex. Her daughters, Ellie and Katie attended Clayton Children’s Center and are current students at Mt. Diablo Elementary entering 1st and 2nd grade.

In 2016, Sarah purchased Clayton Valley Dance Academy after being a teacher at the studio since 2011.

Sarah started dancing at the age of 3, training throughout the Bay Area as a member of multiple competition groups. She continued her dance training while attending California State University, Long Beach and participated in various performances, awards shows and events in the Greater Los Angeles Area. Sarah taught dance at studios in Orange County, Seattle and the East Bay before Clayton Valley Dance Academy.

When she is not teaching dance, Sarah is a founder and the Head Coach of the Clayton Valley Charter High School Dance Team. She is also the Vice President of Events for the Mt. Diablo Elementary ParentFaculty Club, Treasurer for Girl Scout Troop #31657 and recently volunteered to become Clayton’s 4 th of
July Parade Chair, which she did an outstanding job of doing last month and has already agreed to Chair the 4th of July parade again next year.

Sarah enjoys hiking the foothills of Mt. Diablo and spends a lot of time with her dog, cat and 7 chickens.

Rumor has it, she may also be the Mt. Diablo Elementary School mascot, but she cannot confirm or deny that.

She loves being involved in the Clayton Community and participating in all the events and celebrations.

It is important for her to be involved in creating a welcoming community for all ages and teaching her daughters the importance of volunteering and giving back.

Thank you, Sarah for all you do for our community and for being such a great volunteer to work with this year! Congratulations on being our July Unsung Hero of the Month! 102
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Dennis Bozanich
DATE: August 19, 2025
SUBJECT: Mayor of the Day Presentation
Agenda Item: 5.b

STAFF REPORT

BACKGROUND
//

FISCAL IMPACTS
//
103
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Dennis Bozanich
DATE: August 19, 2025
SUBJECT: Receive a Report on the Status of the Climatec Project Agenda Item: 5.c

STAFF REPORT

BACKGROUND
//

FISCAL IMPACTS
No expected additional expenses as this project near completion. Some reimbursement of expenses from the State are expected.

ATTACHMENTS
City of Clayton Council Update 8-19-2025.pdf
104
Council Update | August 19, 2025
105
106
Lighting
• New LED Street Lighting (City Owned Street Lights) Citywide • New Interior LED Lighting at 6 Sites
• New Exterior LED Lighting at 5 Sites
• New Exterior Building/ Pathway LED Lighting at Grove Park • New Occupancy Sensors at 2 Sites
Water Conservation
• Perform Water Utility/ Rate Study Citywide
• Smart, Weather-Based Irrigation Control System at 2 Sites • New Master Valve/ Flow Meter at Clayton Community Park Heating & Cooling
• New High Efficiency HVAC Unit at 2 Sites
• New High Efficiency Furnace at City Maintenance Facility • New High Efficiency Fan Coil Unit at Library
Building Automation
Systems (BAS)
• New JCI BAS at 2 Sites
• Software Modification, Reprogram, & Training at City Hall Renewable Energy
• Solar PV Parking Shade Structure
• New Level III Electric Vehicle (EV) Charging Stations at Library 107 1 - PRE-CONSTRUCTION
• Competitive Selection process
• NEM 2.0 Submission & Approval
• CEC 1% Loan Submission & Approval
• Utility Baseline Development & Analysis
• Engineering Site Walks & Design
• Ad Hoc Committee Engagement
• C3 kickoff
3 - POST-CONSTRUCTION
• PG&E PTO
• EV Charging Training
• IRA Support
• C3: Flip the Switch Event
2- CONSTRUCTION
Building Lighting
Street Lighting
Irrigation Controllers
Irrigation Study
Water Study
Heating & Cooling (HVAC)
Building Automation System
Solar PV
EV Charging
Complete
Complete
Complete
Complete
Complete
Complete
Complete
August 2025
August 2025
108
109
New
Old
Before
After
110
After
Before
111
112
113
114
Approx. Funding Category Notes / Requirements
Base Grant
30%
Solar/ Renewable Energy
+ Energy Storage
& Integrated Controls
‒ Solar eligible if constructed between 2022-2032
‒ Once solar is online, public agencies may apply
thru IRS portal for “Direct Pay” incentives to
reimburse solar investments +
Additional
10% Bonus ‒ Components produced/manufactured in the US
+
Additional
10% Bonus
‒ Low Income Communities (commercial)
‒ Same % tier is applicable to energy storage
technologies.
+
Additional
10% Bonus
‒ Classified as an "energy community"
30% Incentive Electric Vehicle (EV) Charging
Systems & Infrastructure
‒ Maximum incentive $100,000 per charger
‒ Must be in eligible census tract
IRA Reimbursement Projection: $300,000 115
Pre
-Register
(Now)
Engage FA
or Tax
Attorney
(Soon)
Receive
Permission
to Operate
(PTO)
From PG&E
File
116
Complete Solar PV &
EV Charging
August 2025
Receive PTO*
(PG&E Dependent)
IRA
(Post PTO)
Flip the Switch Event
(Post PTO)
*Permission to Operate (PTO) 117
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Kris Lofthus, City Manager
DATE: August 19, 2025
SUBJECT: City Manager's Report
Agenda Item: 6.a

STAFF REPORT
118
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Skyler Aitken
DATE: August 19, 2025
SUBJECT: City Council Report
Agenda Item: 6.b

STAFF REPORT

RECOMMENDATION
Receive report on councilmember activities since the last meeting.

Councilmember Diaz:

July 16 Produced / Attended Final Clayton Classic Car Show July 17 Attended County Connection Board Meeting:

Recognized Retiring Board Member Dave Hudson,
Appointed Board Nominating Committee,
Appointed At-Large Member to Advisory Committee
Re-Appointed Two Advisory Member to the Advisory Committee, Received Board Committee Reports:

Administrative & Finance
Marketing, Planning & Legislative
Operations & Scheduling
July 22 Attended City Council "Good Governance" Special Meeting July 24 Attended Pittsburg Car Show
July 26 Concert Set-Up, Production, Emceed Take Down Concert In The Grove - Camp Jeff Band
July 28 Attended Clayton "Special Events Committee Meeting July 29 Attended City Special Planning Meeting
July 30 Produced I Attended Final 2025 Clayton Classic Car Show July 31 Attended Celebration of Life for Emilia Olsen
August 3 Attended Celebration of Life for Sonja Wilkin
August 5
Attended meeting with new Clayton Police Chief
Attended Clayton National Night Out
August 7 Attended Mayor's Conference -Antioch
August 9 Concert Set-Up, Production, Emceed Take Down Concert In The Grove -The Sun Kings
August 13 Attended American Legion Post 202 Meeting
Brentwood
Councilmember Enea:
119
Attended concerts in the park
Attended Clayton Car show
Attended CBCA, gave council report
Attended national night out
Attended Mayor's conference/dinner in Antioch
Councilmember Tillman:

July 10 Mayors Conference - Brentwood
July 14 Keller Ridge Firewise meeting
July 22 Governance training
August 4 Clayton Pride Bocce tournament meeting
August 5 National Night Out - Thank you to Chief Crone and the police department for putting on a nice event. All of the residents I spoke to liked the tour and having the event centralized downtown.

August 7 Mayors Conference Antioch
Throughout the past 6 weeks- Discussions with residents regarding Firewise, Trails and Landscape Committee, maintenance, staffing issues, sidewalk and road safety, and overall public safety issues.

Vice Mayor Wan:

Attended the Budget and Audit Committee meeting
Met and discussed issues with residents and City staff
Mayor Trupiano:

Weekly one one-on-one with City Manager, Kris Lofthus
July 16 4
th of July parade post-event meeting/planning for 2026 with Janessa Torres and Sarah Brinkman, City Hall
July 22 Special Meeting, Good Governance Training, Hoyer Hall July 24 Meeting with City Manager and President CBCA to talk about Holidays in the Grove and other projects, City Hall
July 26 Concerts in the Grove, Camp Jeff Band
July 28 City Sponsored Special Events, update on current events for summer and planning for Hispanic Heritage Day event, September 20
th, Hoyer Hall
July 30 Classic Car Show, downtown Clayton, great turnout July 31
Service for Clayton resident, Amelia Olson, St. Bonaventure Installation Dinner, East Bay Leadership Council, Pleasant Hill Community Center August 3 Celebration of Life for Sonja Wilkin, founder of Clayton Valley Village, Endeavor Hall
August 5
Grand Reopening and Modernization of Mt. Diablo Elementary School National Night Out at City Hall, great job by everyone, especially Chief Crone on the grill!
August 6 Meeting with the Library Refresh Working Group, City Manager, County Library staff, City Hall
August 7 Mayor's Conference, City of Antioch, presentation by Congressman DeSaulnier 120
and State Senator Tim Grayson
August 9 Concerts in the Grove, The Sun Kings
August 11
Historic walking tour of downtown Clayton, hosted by Clayton Valley Village and Clayton Historical Society
Budget & Audit committee meeting, Hoyer Hall

BACKGROUND
The City Council provides a report of activities that took place between the city council meetings.

FISCAL IMPACTS
N/A
121
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Kris Lofthus, City Manager
DATE: August 19, 2025
SUBJECT: Approve a resolution of the city council of the city of clayton authorizing revision to city’s housing element update by allowing an additional attached accessory dwelling unit to the approved housing program Agenda Item: 7.a

STAFF REPORT

BACKGROUND
The Planning Commission met on Tuesday, August 12, 2025 and passed their version of this resolution 4-1. See attached staff report.

FISCAL IMPACTS
None.

ATTACHMENTS
HEU 081925_Staff Report.pdf
Attachment A - HEU 081925_Reso.pdf
Attachment B - HEU 081225_Reso_PlanningCommission.pdf
122
1 STAFF REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Farhad Mortazavi, APA
Interim Community Development Director
DATE: August 19, 2025

APPROVE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAYTON AUTHORIZING REVISION TO CITY’S HOUSIG ELEMENT UPDATE

BY ALLOWING AN ADDITIONAL ATTACHED ACCESSORY DWELLING UNIT

TO THE APPROVED HOUSING PROGRAM

RECOMMENDATION
That the City Council conduct the Public Hearing, accept written and spoken testimony, close the public hearing and adopt the attached Resolution authorizing revision to City’s Housing Element Update by allowing an additional attached Accessory Dwelling Unit to the approved Housing Program. 123
2 BACKGROUND
On January 17, 2023, the Clayton City Council adopted the Housing Element Update (HEU) for the 6th Housing Cycle, approved in December 2022. Following the public hearing, the City Council adopted Resolution No. 06-2023 certifying the Final Environmental Impact Report (EIR) prepared for the project and adopting the update to the Housing Element and the associated Land Use Element and Land Use Diagram amendments. City Council Resolution No. 06-2023 (as well as the Planning Commission Resolution No. 04- 2022) recommending adoption of the General Plan amendments.

At its January 16, 2024, meeting, the City Council adopted amendments to Clayton Municipal Code Title 17 (Zoning) to implement certain adopted Housing Element policies. The HEU and zoning amendments were forwarded to the State Housing and Community Development Agency (HCD) for certification process by the Agency. The correspondence between the City and HCD has been onward for that certification, resulting in HCD’s requirement for the subject amendment. Subsequently, HCD requires the City to allow one more unit beyond what State law requires for ADUs; mandated by California Senate Bill 9 (SB-9).

The HEU process and its approval included the requirements mandated by SB9, approved and signed by the governor on September 16, 2021. SB9 allows the subdivision of a parcel in a single-family zone into two parcels, with ministerial approval of housing development of two primary units in a single-family zone.

SB 9 facilitates the creation of up to four (4) housing units in the lot area - typically used for one singlefamily home - by providing two additional Accessory Dwelling Units (ADU) on each lot (units created through SB 9 may not be used for short-term rentals of less than 30 days). The new ADU program that HCD has agreed upon will allow one additional ADU to what is allowed under SB9.

City’s Ordinance 499, established in 2023 and after the approval of City’s Housing Element Update and the required Zoning Amendment, indicates City’s Development Standards that applies for ADUs and JADUs. Relevant excerpt provided below from Claton Municipal Code Section 17.47.060:
124
3 Maximum Size.

1. The maximum size of a detached or attached ADU subject to this section is one thousand two hundred (1,200) square feet.

2. An attached ADU that is created on a lot with an existing primary dwelling is further limited to fifty (50%) percent of the floor area of the existing primary dwelling.

3. Application of other development standards in this Section 17.47.060, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in Subsection 17.47.060A.2 or of an FAR, lot coverage limit, minimum front yard setback or open-space requirement may require the ADU to be less than eight hundred (800) square feet.

Setbacks.

1. An ADU that is subject to this section must conform to the following minimum front-yard setbacks, subject to Subsection 17.47.060A.3:
a. R-10, R-12, R-15 and All Multiple Family Residential Districts: twenty (20) feet. b. R-20 District: twenty-five (25) feet.
c. R-40 and R-40-H Districts: forty (40) feet.

2. An ADU that is subject to this section must conform to minimum four (4) foot side- and rearyard setbacks.

3. No setback is required for an ADU that is subject to this section if the ADU is constructed in the same location and to the same dimensions as an existing structure.

Lot Coverage.

Subject to Subsection 17.47.060A.3, no ADU subject to this section may cause the total lot coverage of the lot to exceed either:
125
4 1. Fifty (50%) percent on a lot with an area less than fifteen thousand (15,000) square feet; or

2. Thirty-five (35%) percent on a lot with an area of fifteen thousand (15,000) or more square feet.

Minimum Open Space.

1. No ADU subject to this section may cause the total percentage of open space of the lot to fall below thirty-five (35%) percent, subject to Subsection 17.47.060A.3.

Parking.

1. Generally. One (1) off-street parking space is required for each ADU. Parking space may be provided in setback areas or as tandem parking, as defined by Subsection 17.47.020K.

2. Exceptions. No parking under Subsection 17.47.060G.1 is required in the following situations:
a. The ADU is located within one-half (½) mile walking distance of public transit, as defined in Subsection 17.47.020J.
b. The ADU is located within an architecturally and historically significant historic district. c. The ADU is part of the proposed or existing primary residence or an accessory structure under Subsection 17.47.040A.
d. When on-street parking permits are required but not offered to the occupant of the ADU. e. When there is an established car share vehicle stop located within one (1) block of the ADU.
f. For an ADU constructed as an efficiency unit as defined by Section 17958.1 of the California Health and Safety Code.
g. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot; provided, that the ADU or the lot satisfies any other criteria listed in Subsections 17.47.060G.2.a - f.

3. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street 126
5 parking spaces within the garage, carport, or covered parking structure are not required to be replaced.

DISCUSSION
The City Council adopted the Housing Element on January 17, 2022, within the statutory deadline. After adoption, the City submitted the element to HCD for certification. HCD had many comments and staff followed up, providing all the efforts the City provided to meet HCD's requests.

Staff has resolved all issues with HCD except "mobility," meaning the ability of lower-resourced households to find affordable housing in any of City's neighborhoods - not just those zoned for higher-density housing. Staff submitted the additional ADU proposal to HCD in June 2025, to satisfy that requirement, and the state agency indicated that propose amendment would satisfy the mobility issue. On August 12, 2025, staff presented the revision of the HEU to Clayton Planning Commission, and the commissioners recommended that the City Council review and approve the revision to City’s HEU (Planning Commission Resolution, Attachment B). So, the final revision to Program B1 of the HEU - Accessory Dwelling Units - includes the following bullet points, with the second one representing an additional effort presented to satisfy HCD’s requirement for the subsequent certification of City’s Housing Element Update:
• Under State Law, a property owner can develop a JADU, detached or attached ADU, and convert an existing space into an ADU, providing up to four units per lot. This final revision to Program B1 of the approved HEU (will include provisions in the Zoning Code) is to allow for the establishment of an additional attached ADU of any size within the footprint/building walls of an existing single-family unit. Such ADU shall require only the issuance of a building permit. Under this program, a property owner could potentially get five units on a lot. This program will include incentives and be designed to facilitate this type of development. Amendments to the Zoning Code to allow for this additional ADU will be accomplished by the end of 2026.
127
6 • The City will establish an in-lieu fee program, and will provide the option of having these funds made available to property owners, as a grant or loan, if they agree to construct an income-restricted ADU - with the period of restriction extending at least 20 years. The fees and the program will be established by the end of 2026.

FISCAL IMPACT
There are no immediate fiscal impacts associated with the project.

ENVIRONMENTAL REVIEW
The project is Categorically Exempt from CEQA Guidelines Section 15378 as an administrative activity of the government that will not result in direct or indirect physical changes in the environment.

ATTACHMENT
A. Resolution
B. Planning Commission Resolution
128
1 RESOLUTION NO. XX-2025
A RESOLUTION APPROVING REVISION TO CITY’S HOUSING ELEMENT UPDATE

BY ALLOWING AN ADDITIONAL ATTACHED ACCESSORY DWELLING UNIT TO

THE APPROVED HOUSING PROGRAM

THE CITY COUNCIL
City of Clayton, California
WHEREAS, on January 17, 2023, the Clayton City Council adopted the Housing Element Update (HEU) for the 6th Housing Cycle, approved in December 2022.;” and WHEREAS, the City Council adopted Resolution No. 06-2023 certifying the Final Environmental Impact Report (EIR) prepared for the project and adopting the update to the Housing Element and the associated Land Use Element and Land Use Diagram amendments.; and
WHEREAS, on January 16, 2024, meeting, the City Council adopted amendments to Clayton Municipal Code Title 17 (Zoning) to implement certain adopted Housing Element policies; and
WHEREAS, the HEU and zoning amendments were forwarded to the State Housing and Community Development Agency (HCD) for certification process by the Agency. The correspondence between the city and HCD has been onward for nearly two years for that certification resulting in HCD’s requirement for the subject amendment; and
WHEREAS, City Staff has resolved all issues with HCD except "mobility," meaning the ability of lower-resourced households to find affordable housing in any of City's neighborhoods - not just those zoned for higher-density housing.

WHEREAS, Staff submitted the additional ADU proposal to HCD in June 2025, to satisfy the mobility requirement, and the state agency indicated that the new amendment to the program would satisfy the mobility issue.

WHEREAS, the final revision to Program B1 of the HEU - Accessory Dwelling Units - includes the following bullet points, with the second one representing an additional effort presented to satisfy HCD’s requirement for the subsequent certification of City’s Housing Element Update:
• Under State Law, a property owner can develop a JADU, detached or attached ADU, and convert an existing space into an ADU, providing up to four units per lot. This final revision to Program B1 of the approved HEU (will 129
2 include provisions in the Zoning Code) is to allow for the establishment of an additional attached ADU of any size within the footprint/building walls of an existing single-family unit. Such ADU shall require only the issuance of a building permit. Under this program, a property owner could potentially get five units on a lot. This program will include incentives and be designed to facilitate this type of development. Amendments to the Zoning Code to allow for this additional ADU will be accomplished by the end of 2026. • The City will establish an in-lieu fee program and will provide the option of having these funds made available to property owners, as a grant or loan, if they agree to construct an income-restricted ADU - with the period of restriction extending at least 20 years. The fees and the program will be established by the end of 2026.

WHEREAS, Subsequently HCD requires the City to allow one more unit beyond what State law requires for ADUs; mandated by California Senate Bill 9.

WHEREAS, at a public meeting held on August 12, 2025, the Clayton Planning Commission considered the revision of the Housing Element and recommended the City Council to approve the revision; and
WHEREAS, at a public meeting held on August 19, 2025, the Clayton City Council considered the revision of the Housing Element Update by allowing an additional attached Accessory Dwelling Unit to the approved Housing Element. .

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Clayton, California, does hereby approves the revision to City’s Housing Element Update. .

PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California, at a regular public meeting thereof held on the 19th day of August 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

THE CITY COUNCIL OF CLAYTON, CA
130
3 Kim Trupiano, Mayor
ATTEST:

Skyler Aitken, Acting City Clerk
131

ATTACHMENT A

CITY OF CLAYTON

PLANNING COMMISSION
RESOLUTION NO. 03-2025

A RESOLUTION OF THE CLAYTON PLANNING COMMISSION APPROVING A SITE

PLAN REVIEW PERMIT TO ALLOW THE CONSTRUCTION OF ONE SINGLE-FAMILY

RESIDENCE AND ATTACHED ACCESSORY DWELLING UNIT ON LOT LOCATED AT 5569 MORNINGSIDE DRIVE (SPR-01-2025)
WHEREAS, the City received an application from Thomas Ducharme requesting approval of a Site Plan Review Permit to allow the construction of a 5,352-square foot single family residence and attached 611 square foot accessory dwelling unit (Project) on the subject parcel (APN: 118-110-011) at 5569 Morningside Drive; and
WHEREAS, Section 17.44.020 of the Clayton Municipal Code (CMC) authorizes the Planning Commission to approve a Site Plan Review Permit in accordance with the standards of review in CMC Section 17.44.040; and
WHEREAS, the Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Categorical Exemption Class 3, Section 15303 (New Construction or Conversion of Small Structures), of the State Guidelines for Implementation of CEQA; and WHEREAS, on July 8, 2025, the Clayton Planning Commission held a duly-noticed public hearing on the Site Plan Review Permit request (SPR-01-2025), and received and considered testimony and evidence, both spoken and documentary.

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission does determine the foregoing recitals are true and correct and makes the following Findings for Approval of Site Plan Review Permit application SPR-01-2025 based on the Site Plan Review Permit Standards of Review:

A. The use is in conformity with the General Plan and any applicable Specific Plan;
The Project is consistent with the General Plan designation and policies since the Project consists of the construction of a single-family residence and attached ADU, a permitted use within the Rural Estate land use designation. There is no established Specific Plan that is applicable to the Project.

B. The use is in conformity with City-adopted standards in the Zoning Ordinance as related to Site Plan Review Permits;
In accordance with Clayton Municipal Code Section 17.44.020., since the Project is comprised of structures over 16 feet in height and an area in excess of 750 square feet, a Site Plan Review Permit is required for the design of all new developments in any zoning district within the City. The Project conforms to all development standards as required for properties within the R-40-H zoning district defined in Clayton Municipal Code Chapter 17.16 for setbacks, building height, floor area, and building area governing single-family residential development.

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Planning Commission
Resolution No. 03-2025
C. Shall not negatively affect the general safety (e.g., seismic, landslide, flooding, fire, traffic) of the City or surrounding area; The Project preserves the general safety of the community regarding seismic, landslide, flooding, fire, and traffic hazards since the Project will be constructed in compliance with the Clayton Municipal Code, California Building Standards Code, and other agency regulations where applicable.

D. Shall maintain solar rights of adjacent properties;
The Project will not block adjacent properties from direct sunlight from any angle of the ecliptic.

E. Shall reasonably maintain the privacy of adjacent property owners and/or occupants;
The Project reasonably maintains the privacy of adjacent property owners and/or occupants since the Project conforms with all development standards of the Clayton Municipal Code Chapter 17.16 Single Family Residential (R-40-H), in keeping with the surrounding properties along Morningside Drive that contain large lots with ample setbacks that place existing adjacent residences away from the proposed residences on the Project Site.

F. Shall reasonably maintain the existing views of adjacent property owners and/or occupants;
The Project reasonably maintains the existing views of adjacent property owners and/or occupants since the Project Site is located downslope from and below existing surrounding ridgelines and daylight lines and would not prevent property owners and/or occupants inhabiting existing residences from continuing to see the existing surrounding contours of these existing slopes and other attributes in and around the Mount Diablo Creek riparian corridor and the small valley surrounding the Mitchell Creek riparian corridor.

G. Shall be complementary, although not identical, with adjacent existing structures in terms of materials, colors, size, and bulk; The Project is complementary, although not identical, with neighboring structures in terms of materials, colors, size, and bulk since the proposed residences have been designed with exterior colors and materials that are complementary with the natural setting as well as the colors and materials of existing adjacent residences as well as utilizing proposed designs styles that include volume and massing consistent with the size and bulk or existing adjacent residences.

H. Shall be in accordance with the design standards for manufactured homes per Section 17.36.078 of the Clayton Municipal Code;
The Project as proposed does not include the construction of any manufactured homes; therefore, this finding is not applicable.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission does hereby approve Site Plan Review Permit SPR-01-2025 to allow the construction of one custom single family residence with an attached ADU located at 5569 Morningside Drive, subject to the following Conditions of Approval:

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Planning Commission
Resolution No. 03-2025

1. The applicant shall indemnify, protect, defend, and hold harmless the City and its elected and appointed officials, officers, employees, and agents from and against any and all liabilities, claims, actions, causes, proceedings, suits, damages, judgments, liens, levies, costs, and expenses of whatever nature, including, but not limited to, attorney’s fees, costs, and disbursements arising out of or in any way relating to the issuance of this entitlement, any actions taken by the City relating to this entitlement, and any environmental review conducted under the California Environmental Quality Act for this entitlement and related actions.

2. Prior to issuance of a building permit or final inspection for the construction of the residence and ADU, as applicable, the applicant shall pay all outstanding planning permit fees, and development impact fees as listed below.

A. All balances for application permit process.
i. Community Facilities Development Impact Fee: $450
ii. Offsite Arterial Improvement Development Impact Fee: $1,456 iii. Childcare Development Impact Fee: $205
iv. Parkland Dedication Development Impact Fee: $2,569
v. Fire Development Protection Development Impact Fee: $300 per unit. vi. Construction and Demolition Recycling Fee: $5,551 ($1.00 per/sq. ft. of new area).
vii. Stormwater Pollution Prevention Permit and Inspection (Construction SWPPP) Fee: (Major) $5000 minimum deposit against which inspection time is charged.
viii. Stormwater Operation and Maintenance Annual Inspection Fee: $45 ix. Stormwater Operation and Documentation Annual Compliance Review Fee: $45
x. Stormwater Operation and Maintenance Annual Report Preparation Fee:
$53

3. Any major changes to the Project shall require Planning Commission review and approval. Any minor changes to the Project shall be subject to City staff review and approval.

4. The applicant shall obtain the necessary permits from the Building Division of the Contra Costa County Department of Conservation and Development. All construction shall comply with the California Building Code.

5. Prior to issuance of any Building Permit, the applicant shall obtain all required construction and fire sprinkler permits from the Contra Costa County Fire Protection District (CCCFPD), including approval of fire flow tests, hydrant access, and sprinkler system design. Compliance with CCCFPD standards for water supply, fire apparatus access, and NFPA codes shall be verified. No construction or occupancy shall proceed without final Fire District authorization.

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Planning Commission
Resolution No. 03-2025

6. The applicant shall obtain all necessary permits for a wastewater utility service from City of Concord Community Development Department for Central Contra Costa Sanitary District. An elevation certificate from a licensed surveyor will need to be submitted because of flood zone requirements.

7. The applicant shall secure necessary water connections, prior to final building inspections, with Contra Costa Water District (CCWD) confirming that:

A. 6" water main extension will be installed from the existing 8" main on El Camino Drive to the subject property, with capacity for future downstream connections.

B. 1" service line, 1" meter, and 1" above-ground backflow assembly will be installed to serve the project.

C. Obtain Required Easements: Submit recorded easements to the City/County for:

1. A permanent utility easement along the neighboring property at 5577 Morningside Drive (for the 6" main within their roadway easement).

2. A permanent utility easement on the subject property for the service connection (1" -line, meter, and backflow).

8. To minimize impacts on protected trees, riparian vegetation, and Mount Diablo Creek, the following measures shall be implemented prior to and during all construction activities:

A. Protective Setbacks (No-Disturbance Zones)

1. 25-foot undisturbed buffer shall be maintained from the top of bank (TOB) of Mount Diablo Creek.

2. 15-foot undisturbed buffer shall be maintained around all protected trees (including heritage, native, or specimen trees

3. No grading, excavation, stockpiling, or construction activity is permitted within these zones.

B. Erosion & Sediment Control

1. Silt fencing or straw wattles shall be installed on the upslope of the creek buffer to prevent runoff.

2. No stockpiling of soil, debris, or materials within 50 feet of the creek.

9. No permits or approvals, whether discretionary or mandatory, shall be considered if the applicant is not current on fees, reimbursement payments, or any other payments that are due.

10. All grading, construction, and other work shall occur only between 8:00 a.m. and 5:00 p.m. Monday through Friday, in accordance with Section 15.01.010 of the Clayton Municipal Code.

11. All heavy load deliveries to the project site to be verified with the City Engineer for Docusign Envelope ID: E8470F7E-0C23-4CFB-8C90-D993887AB9B6 135 221

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Planning Commission
Resolution No. 03-2025
maximum road weight tolerances to minimize damage or cracking on Morningside Drive. Any cracks or damage to the road surface to be repaired to original condition prior to issuance of Certificate of Occupancy.

12. Existing trees abutting access easement to be assessed and pruned/protected to limit damage from construction activity.

13. Landscaping along Morningside Drive adjacent to the project site to be repaired/restored prior to issuance of Certificate of Occupancy, if damaged by construction activity

14. The applicant shall coordinate with the southerly neighbor for buffering the south elevation’s impact by revising the landscape plan, to be submitted to the Planning Department for approval.

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Planning Commission
Resolution No. 03-2025
PASSED AND ADOPTED by the Planning Commission of the City of Clayton at a regular meeting on the 8th day of August 2025.

AYES: Commissioners Casagrande, Brzovich, Banchero, Chair Shulman NOES:

ABSTAINED:

ABSENT:

RECUSED: Chair Richardson
APPROVED: ATTEST:

Farhad Mortazavi
Maria Shulman Farhad Mortazavi
Chair Interim Community Development Director
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TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Dennis Bozanich
DATE: August 19, 2025
SUBJECT: Appointment to the Financial Sustainability Committee Agenda Item: 8.a

STAFF REPORT

RECOMMENDATION
Consider recommending the City Council appoint Brian Mayhew to the Financial Sustainability Committee.

BACKGROUND
The Budget and Audit Committee met on Monday, August 11, 2025, and heard from Mr.

Mayhew, and recommended that he be placed on the Financial Sustainability Committee.

ATTACHMENTS
Application_-_Mayhew_Redacted.pdf
Brian_Mayhew.final_Resume__Redacted.pdf
138
139
140
Brian Mayhew
Summary
Over 30 years of experience as Chief Financial Officer for transportation and local government entities. Responsible for all aspects of financial operations including, treasury and investments , project financing, debt portfolio, customer service billing and collection, budget, financial models and forecasts, internal controls, accounting and all audit and financial reporting functions
Experience
CFO Metropolitan Transportation Commission (MTC)
October 1999 – Retired January 2022
MTC is a multi-faceted regional transportation planning and funding agency that also serves as the toll and fare collection authority for the nine-county San Francisco Bay Area:
• MTC – General governing entity with responsible for administration of annual revenue in excess of $1.2 billion, $250 million in active project grants, annual allocation of over $1 billion in regional transportation funding, project financing in excess of $12 billion, debt portfolio of $9 billion, investment portfolio exceeding $5 billion in addition to selfmanaged pension/OPEB trust accounts o Developed long-range budget models helping avoid layoffs and program cuts through three recessions
o Retired all unfunded pension and OPEB obligations in just five years • BATA – Bay Area Toll Authority created by the state legislature and authorized through three regional votes, responsible for billing and collection of all bridge tolls and funding the capital replacement and repair costs on the seven state-owned toll bridges o Developed 50-year financial planning model for construction and maintenance o Managed growth in project financing from $2 billion to over $12 billion o Managed conversion of cash/electronic collection to electronic/billing system o Financial management contributed to over $1 billion in additional project capacity and BATA being the highest rated transit agency in the country • ELN – Express Lane Network responsible for collection of all regional express lane tolls integrating one regional operations center with four regional express lane operators • Clipper – $125 million second generation regional fare card payment system integrating fare collection and processing with 37 regional transit operators • BAHFA – The Bay Area Housing Finance Authority created by the legislature to help develop plans for enhancing regional housing affordability in the Bay Area 141
CFO City of Westminster April 1989 – October 1999
Responsible for all aspects of financial operations in full-service city with general fund, redevelopment agency, grants and water enterprise funds with annual revenue of approximately $125 million with over $300 million in economic development, affordable senior housing and infrastructure projects
o Managed water agency rating upgrade from default to “AA” o Innovative capital replacement plan reduced water use by 17% while increasing revenue by 10%, without a rate increase
o Planned and implemented city-wide economic development district allowing City to capture all new tax increment for infrastructure funding o Withdrew City funds from Orange County pool prior to the bankruptcy avoiding financial consequences of County failure
Revenue Manager City of Mountain View April 1982 – April 1989 Responsible for all revenue, treasury, debt, budget and assessment district management, including over $300 million in assessment district, economic development and housing bonds, management of water/wastewater billing and financial planning models for funding operating and 10-year capital program costs
Boards & Committee s
• MSRB Issuer Advisory Committee
• GASB 54 (Derivatives) Implementation Committee
• GASB 56 (Fund Balance) Advisory Committee
• CalTrust Board of Directors
Awards
• 2022 – California Senate Certificate of Recognition for Outstanding Public Service • 2017 – Four-time BondBuyer Far West Deal of the Year (2017, 2007, 2006 & 2002) • 2012 - San Francisco Bay Area CFO of the Year – Non-Public Company • 2009 – California Public Securities Association Award for Excellence in Public Finance • 1999 – County of Orange Resolution for Outstanding Public Service • 1995 – California Assembly Certificate of Recognition for Outstanding Public Service • 1995 – Westminster Chamber of Commerce Award of Merit • GFOA Distinguished Budget Presentation – 10-Year Financial Forecast (1996-1998) • GFOA Award of Excellence in Financial Reporting (2002-2022 & 1992-1998) 142
Education
• MA Political Economics – UC Sana Barbara
• BA History & Political Science – UC Santa Barbara
Contact Information
• Cell
• Email

143
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Kris Lofthus, City Manager
DATE: August 19, 2025
SUBJECT: Appointments to the Trails and Landscape Committee Agenda Item: 8.b

STAFF REPORT

RECOMMENDATION
Appoint 6 or more of the applicants to the Trails and Landscape Committee for a term beginning September 1, 2024 and ending September 30, 2026. By appointing 6 ore more applicants, there will be enough members to have a quorum.

BACKGROUND
There are several vacancies on the City’s Trails and Landscape Committee. It is important that all the positions on any of the City Council appointed subcommittees are filled in order to allow for the greatest input from the committee to the City Council.

FISCAL IMPACTS
None.

ATTACHMENTS
TLC Applications_Redacted.pdf
144
145
146
147
148
149
150
151
152
153
154
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Dennis Bozanich
DATE: August 19, 2025
SUBJECT: Appointment of Sheila Driscoll as the City of Clayton Representative to the Contra Costa County Advisory Council on Aging
Agenda Item: 8.c

STAFF REPORT

BACKGROUND
//

FISCAL IMPACTS
None.

CEQA
This appointment is an administrative activity that is exempt from CEQA.

ATTACHMENTS
Driscoll__Sheila__ACOA__Application_Redacted.pdf
155
156
157
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Dennis Bozanich
DATE: August 19, 2025
SUBJECT: Approve Amendment to the Franchise Agreement with Republic Services Agenda Item: 8.d

STAFF REPORT

RECOMMENDATION
Staff recommends that the Council approve the amendments to Sections 6.02 and 6.03 of the Franchise Agreement executed on January 1, 2024.

BACKGROUND
The City entered into an agreement with Allied Waste Systems, Inc. on January 1, 2024.

Article 6 of the agreement is titled Collection Service Rates. Section 6.02 is titled Maximum service Rate Adjustment. Section 6.03 is titled CPI Adjustment Calculations.

DISCUSSION
The amendments requested for Section 6.02 only correct a Section reference that was cited in error originally.

The amendments requested for Section 6.03:

More accurately define the CPI reference for any rate changes, and More accurately specify the CPI reporting cycle to align with rate change justification notifications in November of each year and the effective date of any rate change in January of each year.

Staff has attached redline and non-redline versions of the amendment language.

FISCAL IMPACTS
The amendments will not have a fiscal impact on the City.

CEQA
The amendments are administrative in nature and are exempt from CEQA.

ATTACHMENTS
Redline version of Amendments.pdf
Non-Redline version of Amendments.pdf
158
Article 6. Collection Service Rates

6.01 Collection Service Rates. Contractor is solely responsible for determining the rates it will charge for providing the Collection Services, provided that Contractor shall not charge any Service Recipient an amount that exceeds the applicable Maximum Service Rate set forth in Exhibit 1, which may only be adjusted as provided in this Agreement.

6.02 Maximum Service Rate Adjustment. The Maximum Service Rates in Exhibit 1 shall be adjusted on January 1, 2025, and annually thereafter in accordance with this Section 6.0403. Except as otherwise provided in this Article 6 below, no other adjustments shall be made except as provided in Section. 28.01.

6.03 CPI Adjustment Calculation. For Rate Year 2025, beginning on January 1, 2025, and for subsequent years thereafter, the rates shall be adjusted based on one hundred percent (100%) of the 12-month average change in the CPI-U for the 12-month period published immediately prior to the rate application. Therefore, the first rate adjustment effective January 1, 2025, will be based on the percentage change between the 12-month average of the CPI-U from October 1, 2022 through September 30, 2023, April 1, 2022, through March 31, 2023, and the 12-month average of the CPI-U from October 1, 20234, through September 30, 2024. The index to be used shall be the Water and Sewer and Trash Collection Services (CPI). The index sets published by the United States Department of labor, Bureau of Labor Statistics. Consumer Price Index series, All Urban Consumers: Water and Sewer and Trash Collection Services, U.S. City Average, Series ID CUSR0000SEHG. Collector shall receive at least a one percent (1%) increase in its rates every January 1 and Contractor’s rates shall not increase more than five (5) percent. Contractor shall submit supporting documentation to justify the CPI adjustment by April November 1, 2024, and annually, thereafter. The city shall evaluate the information and will provide for a rate increase based on changes in the CPI Index as described herein.
159
Article 6. Collection Service Rates

6.02 Maximum Service Rate Adjustment. The Maximum Service Rates in Exhibit 1 shall be adjusted on January 1, 2025, and annually thereafter in accordance with Section

6.03. Except as otherwise provided in this Article 6 below, no other adjustments shall be made except as provided in Section.

The index to be used shall be the Water and Sewer and Trash Collection Services (CPI).

The index sets published by the United States Department of labor, Bureau of Labor Statistics. Consumer Price Index series, All Urban Consumers: Water and Sewer and Trash Collection Services, U.S. City Average, Series ID CUSR0000SEHG. Collector shall receive at least a one percent (1%) increase in its rates every January 1 and Contractor’s rates shall not increase more than five (5) percent. Contractor shall submit supporting documentation to justify the CPI adjustment by November 1, 2024, and annually, thereafter. The city shall evaluate the information and will provide for a rate increase based on changes in the CPI Index as described herein.
160
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Kris Lofthus, City Manager
DATE: August 19, 2025
SUBJECT: Future Revenue Options – Closing the City’s Long-Term Budget Deficit - Part One
Agenda Item: 8.e

STAFF REPORT

RECOMMENDATION
Staff recommends that the City Council receive the report, provide feedback and direction on potential revenue enhancement options, and direct staff to return with additional information and analysis on selected options at the October 21, 2025 City Council meeting.

BACKGROUND
See attached report

DISCUSSION
See attached report

FISCAL IMPACTS
Receiving this report and providing any necessary direction will not have any impacts on the FY 2025-26 Adopted Budget. Future financial impacts are likely.

CEQA
Receiving this report and providing any necessary direction is not a "project" under CEQA.

ATTACHMENTS
Staff_Report_-_Revenue_Options_-_Part_One.pdf
CLAYTON - Attachment A -Revenue Options - 2025-c1.pdf
Attachment B - Future Revenue Options.pdf
161
City Council Agenda Item 8.e Page 1 of 5
City Council Agenda Item 8.e

STAFF REPORT
TO: Honorable Mayor and Councilmembers
FROM: Kris Lofthus, City Manager
DATE: August 19, 2025
SUBJECT: Future Revenue Options – Closing the City’s Long-Term Budget Deficit

BACKGROUND
At the June 2025 Budget Hearing, the City identified a projected structural deficit between revenues and expenditures of approximately $462,000 annually by FY 2029-30 (6.54% of projected revenues). This deficit is projected to widen over the following years, reaching an estimated $1.5–$2.0 million annually by FY 2036-37.

Key cost drivers include:
• Aging infrastructure, including streets, sidewalks, parks, and facilities. • Staff recruitment and retention challenges, with salaries lagging behind comparable agencies.
• Rising municipal operating costs, especially for public safety dispatch, IT support, and facility maintenance.

Several potential revenue enhancement measures would require voter approval under California law. In addition, the City’s Landscape Maintenance District (LMD) will require a property owner-approved extension in 2026 to maintain existing service levels. (Back to Agenda)
162
City Council Agenda Item 8.e Page 2 of 5

DISCUSSION

CURRENT FINANCIAL CONDITION
Multi-Year Projection
City reserves remain above minimum policy thresholds through the near term; however, without additional revenue or spending reductions, reserves will decline steadily due to the ongoing structural deficit. This trend will limit the City’s ability to address capital improvements, respond to emergencies, or maintain service levels.

Infrastructure Condition
The City’s Pavement Condition Index (PCI) is currently 73 (“good” range). Without additional investment, PCI is expected to decline, increasing long-term repair and replacement costs.

Sidewalk repairs/replacements require an estimated $100,000 annually to maintain current conditions.

Staffing Competitiveness
Market comparisons indicate Clayton salaries lag behind regional medians, impacting recruitment and retention. For example, staff recruitment costs for FY 2025 are projected at $216,000.

REVENUE ENHANCEMENT OPTIONS
Staff has identified the following potential measures. For each, the report summarizes the measure, estimated annual revenue potential, and required process.

1. Parcel Tax
• Description: A voter-approved annual special levy on each parcel within the City, used for specific services or projects.
• Estimated Revenue: $1.7M @ $400/parcel, $2.54M @ $600/parcel, $3.93M @ $800/parcel.
• Approval Requirements: Two-thirds voter approval.
• Implementation Timeline: Ballot measure could be placed in a general or special election.

2. Citywide Parcel Assessment
• Description: Assessments must fund special benefits to the assessed parcels (beyond general governmental services), with an engineer’s report demonstrating that the assessment does not exceed the special benefits provided to assessed properties, per Prop 218.
• Estimated Revenue: Dependent on engineer’s report and benefit analysis, but could be similar Parcel Tax revenue.
163
City Council Agenda Item 8.e Page 3 of 5
• Approval Requirements: Majority property owner approval (weighted by assessment – the more a property will pay, the more “voting strength” the property owner will have).
• Implementation Timeline: Requires preparation of an engineer’s report, public hearing noticing and a mailed assessment ballot procedure under Proposition 218.

3. Documentary Transfer Tax (Real Property Transfer Tax) • Description: Clayton currently imposes the standard city documentary transfer tax at the statutory rate administered with Contra Costa County; the taxpayer’s combined rate is $1.10 per $1,000 of real property value transferred (half to city/half to county).

In 2025, the City received $92,000 in Documentary/Real Property Transfer Tax Revenue (Line Account 101-4502). Under state law (RTC §11911), general law cities cannot increase the combined rate above this level; doing so would require charter city authority.
• Revenue: As an ongoing revenue source, ensure we are receiving our full statutory share and that administration is current; no additional rate increase is available under general law city authority.
• Approval Requirements: Enactment of a City Charter with majority voter approval and majority voter approval for general tax; two-thirds for special tax (two ballot measures.

4. Local Sales Tax Increase
• Description: Additional sales tax (up to 1%) on top of the City’s existing 1% BradleyBurns share. City add-on sales taxes count toward the countywide 2.0% district tax cap. HdL has confirmed that the maximum permissible sales tax increase under the cap is one percent (1%).
• Estimated Revenue: Approximately $1.0 million annually per 1% increase (HdL estimate).
• Approval Requirements: Majority voter approval for general tax; two-thirds for special tax.
• Considerations: Public disclosure of spending, possible independent oversight, all revenue stays in Clayton. Additionally, other governmental agencies could propose and receive approval for sales tax increases that would reduce the 1% currently available under the cap.

5. Utility Users Tax (UUT)
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City Council Agenda Item 8.e Page 4 of 5
• Description: Tax on consumption of certain utilities (electricity, gas, water, telecommunications).
• Estimated Revenue: ≈ $1.0–$1.1 M annually (benchmarking Los Altos’ ~$95–$105 per-capita UUT receipts; actual yield depends on Clayton’s utility base and chosen rate).
• Approval Requirements: Majority voter approval for general tax; two-thirds for special tax.
• Considerations: Requires coordination with utility providers for collection.

6. Cannabis Development Agreement (DA)
• Description: Agreement with a cannabis business establishing operating conditions and revenue sharing.
• Estimated Revenue: $500,000 – $750,000 annually, plus Bradley-Burns and any local sales tax revenue.
• Approval Requirements: Amend local ordinances to permit cannabis business operations; negotiate and approve DA.
• Considerations: Public policy implications, regulatory compliance, community input.

PROCESS AND NEXT STEPS

1. Council Direction: Identify priority revenue options for further analysis.

2. Community Engagement: Polling, public workshops, and advisory committee formation as appropriate.

3. Technical Preparation: Legal review, fiscal impact analysis, and ballot measure drafting.

4. Election Timeline: Align with general or special election schedules to optimize voter participation and minimize cost.

FINANCIAL IMPACT
The revenue enhancement options vary significantly in potential yield. Some (e.g., sales tax, UUT) could close the projected long-term deficit entirely, while others (e.g., transfer tax) would require combination with additional measures. Costs for consultant services, polling, and ballot preparation should be anticipated (e.g., $30,000 for polling for a sales tax measure).
165
City Council Agenda Item 8.e Page 5 of 5

CONCLUSION
Without additional revenue or service reductions, Clayton will face growing structural deficits, declining service levels, and deferred maintenance that will increase long-term costs. Early action—particularly measures requiring voter approval—will provide the City with the opportunity to address finances, maintain infrastructure, and retain qualified staff. Although the city has a healthy reserve balance, we will not be able to contribute to this fund moving forward, and without added revenues, we will be diminishing the reserve year over year.

Staff requests Council direction on which revenue enhancement options to pursue for further study, public engagement, and potential placement on the ballot.

FISCAL IMPACT
Fiscal Impact

CEQA IMPACT
None

ATTACHMENTS
Click or tap here to enter text.
166
Attachment A – Summary of Revenue Enhancement Options
Option Description Estimated Annual
Revenue
Approval
Requirement Pros Cons /
Considerations
Implementation
Timeline
Parcel Tax
Annual levy on each
parcel for specific
purposes.

TBD – depends on
rate/structure.
2/3 voter approval. Can be targeted to
specific
improvements or
purposes.

Requires strong
voter support (2/3
approval); fixed
rate may not keep
up with inflation.
9–12 months
(includes election
process).

Citywide
Parcel
Assessment
Special benefit
assessment to
parcels (e.g.,
maintenance,
landscaping).

TBD – based on
engineer’s report.

Majority property
owner approval
(property owner
vote strength
weighted by
assessment
property would
pay).

Directly ties
funding to
benefiting parcels.

Limited to services
providing “special
benefit” to
assessed
properties;
complex legal
process.
9–12 months.

Documentary
Transfer Tax
Tax on property
transfers in addition
to County rate.
$60.5K – $824.5K. Majority (general);
2/3 (special).

Captures revenue
from real estate
activity; no
ongoing annual
billing.

Revenue
fluctuates with
housing market;
politically
sensitive.

Complex process
– must adopt a
charter which also
requires an
election.

May be vulnerable
to challenge under
newly filed
Statewide
initiative which
would ban further
DTT’s.
6–9 months.
167
Local Sales
Tax Increase
Up to 1% additional
local sales tax.
~$1.0M per 1%
(HdL estimate).

Majority (general);
2/3 (special).

High revenue
potential: revenue
grows with
economy; funds
stay local.

May face
opposition from
business
community; it
requires voter
approval.
9–12 months.

Utility Users
Tax (UUT)
Tax on consumption
of utilities (electricity,
gas, telecom, etc.).
~$1.02M (based
on Los Altos per
capita).

Majority (general);
2/3 (special).

Stable revenue
source; broad tax
base.

May be unpopular
with residents;
requires
coordination with
utility providers.
9–12 months.

Cannabis
Development
Agreement
Contract with
cannabis business for
fees/revenue sharing.
$500K – $750K +
sales tax.

Council action +
ordinance change.

New industry
revenue stream;
flexible agreement
terms.

Public policy
concerns
regulatory
compliance; site
and zoning issues.
12–18 months.

ELECTION TIMING NOTE: Under Proposition 218, any local general tax measure must be placed on the same election date as the City’s General Municipal Election (Nov. 3, 2026), unless the City Council makes a unanimous declaration of emergency justifying an earlier special municipal election. Special taxes may be proposed to voters on any established election date under the California Elections Code.

NOTE ABOUT CITY COUNCIL APPROVAL THRESHOLD: Under Proposition 62, any local general tax measure, even if placed on the City’s General Municipal Election, must be called by a vote of at least 2/3 of the Council’s membership (4 affirmative votes). And, as indicated above, if called for another election date, a unanimous declaration of emergency is required. For local special taxes, a majority of the Council membership (3 affirmative votes) is sufficient to call the measure on any established election date, but the measure will require 2/3 voter approval.

168

FUTURE REVENUE OPTIONS

CITY OF CLAYTON

CITY COUNCIL
AUGUST 19, 2025
169

OVERVIEW
• Purpose of this presentation:
• Identify future revenue gaps
• Outline revenue enhancement options and process required to “enact” each
• Provide staff with requests for additional information or direction • First in a series of public discussions on options to enhance revenue 170

BACKGROUND
• Identified a ~$462K revenue/expenditure gap from June Budget Hearing by FY2029-30. That is 6.54% of revenue.
• Many revenue enhancement options will require voter approval • LMD will also require a voter approved extension in 2026 171

REVENUE GAP ANALYSIS
172
RECAP - REVENUE/EXPENSE DATA @ BUDGET

HEARINGS
$5,811,063 $6,177,168 $5,889,444
$6,555,562 $6,719,451 $7,055,424
$6,120,550
$6,307,151 $6,634,791
$7,014,465 $7,260,468 $7,517,375
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
2024 - 25 2025 - 26 2026 - 27 2027 - 28 2028 - 29 2029 - 30 Five Year Revenue & Expense Projection
Revenue Expense 173
RECAP – RESERVE BALANCE @ BUDGET

HEARINGS
$7,695,787
$7,386,301
$7,256,320
$6,510,972
$6,052,070
$5,511,053
$5,049,102
$4,498,791 $3,854,614
$3,110,790
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
$9,000,000
2024 - 25 2025 - 26 2026 - 27 2027 - 28 2028 - 29 2029 - 30 2030 - 31 2031 - 32 2032 - 33 2033 - 34 Ten-Year Reserve Fund Balance
Fund Balance Reserve 40% Reserve Policy Limit
174
FY2015- FY 2025 ACTUAL REVENUE GROWTH
FY 2015, $4,431,718
FY 2017, $4,454,825
FY 2019, $4,816,005
FY 2021, $4,937,351
FY 2023, $7,086,482 FY 2025, $5,888,395
FY 2026, $6,177,168
FY 2027, $5,889,444
FY 2015, $4,041,823
FY 2017, $4,155,603
FY 2019, $4,722,330
FY 2021, $5,170,437
FY 2023, $6,810,784 FY 2025, $6,992,658
FY 2026, $6,258,549
FY 2027, $6,634,791
$-
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
Total GF Sources Total GF Uses Linear (Total GF Sources) Linear (Total GF Uses) 175

MULTI-YEAR BUDGET PROJECTION
FY 2015, $4,431,718
FY 2017, $4,454,825
FY 2019, $4,816,005
FY 2021, $4,937,351
FY 2023, $7,086,482 FY 2025, $5,888,395
FY 2026, $6,177,168
FY 2027, $5,889,444
FY 2015, $4,041,823
FY 2017, $4,155,603
FY 2019, $4,722,330
FY 2021, $5,170,437
FY 2023, $6,810,784
FY 2025, $6,992,658
FY 2026, $6,258,549
FY 2027, $6,634,791
$-
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
Total GF Sources Total GF Uses Linear (Total GF Sources) Linear (Total GF Uses) 176

FINANCIAL NEEDS FOR OTHER FUNDS
Fund FY 2026-
budget
FY 2027-
budget
FY 2026-
budget
FY 2027-
budget
FY 2026-
budget
FY 2027-
budget
101 - General Fund $6,189,168 $5,917,132 $6,316,159 $6,568,798 ($126,991) ($651,666) 110 - Rainy Day Fund $0 $0 $0 $0 $0 $0
111 - Pandemic Recovery Reserve Fund $0 $0 $0 $0 $0 $0
201 - Gas Tax Fund $416,687 $429,187 $391,784 $560,916 $24,903 ($131,729) 202 - Road Maintenance and Rehabilit $304,365 $313,496 $248,451 $710,000 $55,914 ($396,504) 210 - Landscape Maintenance CFD $1,380,970 $1,321,890 $1,483,856 $1,296,274 ($102,886) $25,616 211 - The Grove Park CFD 2006-1 $170,873 $175,999 $144,065 $133,545 $26,808 $42,454 212 - Oakhurst GHAD $50,390 $51,902 $29,301 $30,674 $21,089 $21,228 213 - Presley GHAD Settlement $0 $0 $0 $0 $0 $0
214 - Street Lighting Assessment $154,489 $156,174 $154,489 $156,174 $0 $0 216 - Stormwater Assessment $180,738 $250,160 $196,136 $192,668 ($15,398) $57,492 217 - High Street Bridge $1,724 $1,807 $0 $0 $1,724 $1,807 218 - Oak Street Bridge $1,730 $1,813 $371 $375 $1,359 $1,438 219 - Stormwater Treatment District $0 $0 $0 $0 $0 $0
220 - Measure J Fund $309,000 $318,270 $562,181 $636,940 ($253,181) ($318,670) 222 - Lydia Lane Sewer Assessment $17,000 $17,500 $32,202 $3,009 ($15,202) $14,491 223 - Oak Street Sewer Assessment $11,000 $11,330 $1,700 $1,736 $9,300 $9,594 Revenues Expenses Net
Fund FY 2026-
budget
FY 2027-
budget
FY 2026-
budget
FY 2027-
budget
FY 2026-
budget
FY 2027-
budget
230 - Restricted Grants $0 $151,000 $143,450 $250,328 ($143,450) ($99,328) 231 - Diablo Estates Benefit Assessm $3,605 $107,108 $51,809 $55,984 ($48,204) $51,124 232 - American Rescue Plan Act - SLF $0 $0 $0 $0 $0 $0
233 - CFD 2022-01 $6,500 $62,000 $89,937 $61,442 ($83,437) $558 240 - Concerts in The Grove Park $0 $25,000 $56,765 $87,364 ($56,765) ($62,364) 303 - Capital Improvements Fund $28,840 $29,705 $320,000 $884,000 ($291,160) ($854,295) 304 - Clayton Development Impact Fee $8,807 $9,071 $0 $0 $8,807 $9,071 405 - Clayton Financing Authority $0 $0 $0 $0 $0 $0
420 - Middle School CFD $0 $0 $0 $20,312 $0 ($20,312)
422 - CFA Clayton Financing Authorit $0 $0 $0 $0 $0 $0
450 - Energy Conservation Assistance $0 $0 $0 $0 $0 $0
501 - Self Insurance $0 $0 $0 $0 $0 $0
502 - Capital Replacement $3,605 $49,301 $472,000 $90,000 ($468,395) ($40,699) 503 - Pension Contribution Stabiliza $0 $0 $0 $0 $0 $0
601 - Deposits Fund $0 $0 $0 $0 $0 $0
615 - RDA Successor Agency Fund $0 $0 $0 $215,448 $0 ($215,448) 616 - RDA Successor Housing Agency F $0 $136,400 $0 $0 $0 $136,400 702 - Endeavor Hall $16,706 $17,374 $66,858 $68,885 ($50,152) ($51,511) Totals $9,256,197 $9,553,619 $10,761,514 $12,024,872 ($1,505,317) ($2,471,253) Revenues Expenses Net
Fine, as is
Needs budget updates
At risk, potential challenges 177

FUTURE NEEDS
• Closing the revenue/expense gap - $1.5-2.0M annually by FY36-37 • Aging infrastructure - $2.0M in 2025 $$ • Declining Pavement Condition Index (PCI) • Current Pavement Condition Index is 73
• What is the aspirational goal for the PCE? 100% is not real • City owned sidewalk repair / replacement - ~$100,000 annually • Repairing potholes and crack sealing on a regular basis • Staff recruitment and retention - $216000 in 2025 $ • Comparison to other agencies • What is the aspirational salary goal to compete with comp agencies? Median? 90% of median? • Rising costs for municipal operations
• Increased costs for Dispatch and IT support for the Police Department • Efficient operations opportunities: Records scanning/indexing/storage, website compliance and e-commerce for reservations, • Enhancement of park and street landscaping and facilities maintenance (non-LMD areas) • Park facility improvements
178

STAFF RECRUITMENT AND RETENTION
How Clayton Compares to comp agencies by position
Classification Clayton Current top
step of Pay Range
Monthly
Median Top Step $ to Reach Median
Top Step
% to Reach Top
Step Median
90% OF MEDIAN

TOP STEP
$ to Reach 90% of
Median Top Step
% to Reach 90% of
Top Step Median
City Manager $20,000 $24,253 $4,253 -21.3% $21,827 $1,827 -9.1% Police Chief $14,997 $22,644 $7,647 -51.0% $20,380 $5,383 -35.9% Accountant $8,828 $9,786 $958 -10.8% $8,807 -$21 0.2%
Admin Services Director $14,997 $20,328 $5,331 -35.5% $18,296 $3,299 -22.0% City Clerk - Asst to the CM $11,407 $14,831 $3,424 -30.0% $13,348 $1,941 -17.0% PW Director/City Engineer $17,318 $20,346 $3,028 -17.5% $18,311 $993 -5.7% Management Analyst $9,217 $10,271 $1,054 -11.4% $9,243 $26 -0.3% Community Develop Tech $6,247 $9,065 $2,818 -45.1% $8,158 $1,911 -30.6% Senior Planner $10,941 $11,484 $543 -5.0% $10,335 -$606 5.5% Admin Clerk $5,572 $6,880 $1,308 -23.5% $6,192 $620 -11.1% Maintenance - Senior $6,984 $8,347 $1,363 -19.5% $7,512 $528 -7.6% Maintenance Worker II $6,375 $7,495 $1,120 -17.6% $6,745 $370 -5.8% Police Administrative Clerk $5,572 $6,880 $1,308 -23.5% $6,192 $620 -11.1% Police Office Coordinator $6,548 $7,752 $1,204 -18.4% $6,977 $429 -6.6% Police Officer $9,687 $11,416 $1,729 -17.8% $10,274 $587 -6.1% Police Sergeant $11,381 $13,376 $1,995 -17.5% $12,038 $657 -5.8% Total Monthly to Achieve $39,079.75 $18,564.67 179

REVENUE ENHANCEMENT OPTIONS
180

PARCEL TAX
• What is it?
• Annual revenue generation estimates for FY 2027 and FY 2028 • Estimated annual City revenue: $1.7M @ $400/parcel, $2.54M @ $600/parcel, $3.93M @ $800/parcel • Procedures and timeline required for approval
• Special tax with specific purpose • Temporary (sunset) or permanent • ≥ 2/3 of registered voters • Must specify intended use of funds • Local governing body or voter initiative • Annual reporting required to governing board • Applies equally across all parcels • A flat dollar amount per parcel per year

1. Draft a measure with clear spending purposes 4. Place on ballot via Council resolution

2. Decide on flat, uniform rates across parcels or 5. Secure at least 66.7% “yes” votes at election

3. Set a sunset date if desired 6. Upon passage, begin annual reporting on collections and expenditures
181

CITY-WIDE PARCEL ASSESSMENT
• What is it?
• Annual revenue generation estimates for FY 2027 and FY 2028 • Procedures and timeline required for approval
• Benefit assessment • Benefitting parcels pay the fee
• Weighted majority of affected properties • Fees must go to the improvement of service • Must confer a special benefit to assessed parcels • Examples: Landscaping, street lighting, etc.

1. Identify special benefit 5. Public hearing

2. Prepare engineer’s report 6. Weighted ballot tabulation

3. Resolution of intention 7. Governing body confirms

4. Notice & mail ballots (45 days before hearing) 8. Annual reporting & compliance 182

DOCUMENTARY (PARCEL) TRANSFER TAX
• What is it?
• Annual revenue generation estimates for FY 2027 and FY 2028 • Estimated annual revenue for the City: $60.5K - $824.5K • Procedures and timeline required for approval
• Assessed already by the State and some counties • Sellers pay the fee, but negotiable • Imposed at time of recording transfer of a property • Requires Clayton to adopt a “Charter” • State levy is $1.10 /$1K; SF is $7.50/$1K • Extra Clayton rate would be combined with CCC

1. Consider a charter to enact rate above the
State’s rate

3. For a general tax, a majority vote is sufficient.

2. Without Charter, the top rate in Clayton would
be $0.55/$1K

4. For a special tax, a two-thirds majority vote is
required
183

SALES TAX
• What is it?
• Clayton already get 1% (Bradley/Burns) of the State’s base 7.25% sales tax rate plus a bit for public safety • Clayton can add on up to 1% of addition sales tax that comes to the City • Sales tax is owed on most goods, however groceries, prescription meds & some services are excluded • Taxable goods from out of state sellers are charged the sales tax rate as a use tax • Annual revenue generation estimates for FY 2027 and FY 2028 • Estimated annual revenue for the City: $1.0M estimate from HdL with the additional 1% local tax • Procedures and timeline required for approval
• Local governments (cities, counties, or special
districts) can propose additional local sales tax
measures that add on top of the state base rate
• These measures usually fund specific projects or
services like transportation, public safety, or libraries • This is a special taxes, it must be approved by a
two-thirds majority of voters in the local election
• Local sales taxes are often placed on the ballot by local government ordinance or by citizen initiatives 184

SALES TAX COMPARISON
Antioch 9.75%
Brentwood 8.75%
Clayton 8.75%
Concord 9.75%
Danville 8.75%
El Cerrito 10.25%
Hercules 9.25%
Lafayette 9.25%
Martinez 9.75%
Moraga 9.75%
Oakley 8.75%
Orinda 9.75%
Pinole 10.25%
Pittsburg 9.25%
Pleasant Hill 9.25%
Richmond 9.75%
San Pablo 9.50%
San Ramon 9.75%
Walnut Creek 9.25%
Clayton 8.75%
185

UTILITY USER TAX (UUT)
• What is it?
• A local tax imposed by cities or counties on the consumption of certain utility services. It's a form of revenue for local governments based on residents' and businesses' use of utilities • Electricity, gas, water, telecommunications are some of the utilities that can assessed a UUT • Los Altos has a 3.2% tax on wired and wireless telecom and cable & 2.5% on prepaid wireless services • Annual revenue generation estimates for FY 2027 and FY 2028 • Los Altos collects $94.60 per resident.
• Estimated annual revenue for the City: $1.02M
• Procedures and timeline required for approval
• For a general tax, a majority vote is sufficient. For a special tax, which is dedicated to a specific purpose, a twothirds majority vote is required • The tax must be applied to the consumption of utility services, and the rate must be clearly defined • Local governments are required to notify utility service providers of any changes to the UUT that would affect the collection and remittance of the tax
186
2024 TAX MEASURE RESULTS
County City Measure Proposed
Increase
Ballot Measure Pass/Fail
Contra Costa City of El Cerrito Measure G $4 million Extends 1% sales tax in perpituity. Measure was going to susnet in 2027
81% Pass
City of Lafayette Measure H $2.4 million .5% tax measure for years 65% Pass City of Pinole Measure I $2.5 million .5% additional tax 68% Pass City of San Ramon Measure N $16 million 1% sales tax 56% Pass Alameda Pleasanton Measure PP $10 million .5% sales tax for 10 years 54.1% Fail Solano City of Dixon Measure J $3 million 1% sales tax 56% Pass City of Rio Vista Measure K $1.7 million 1% sales tax for 5 years 63% Pass City of Suisun City Measure S $1.9 continued
$1.3 new
Extend current 1% tax for 15 years and
increase an additional .75%.
72% Pass
187

CANNABIS DEVELOPMENT AGREEMENT (DA)
• What is it?
• A legal contract between a cannabis business and a city. It outlines the terms and conditions under which the cannabis operation will develop and operate, ensuring compliance with both local ordinances and state regulations
• Specifies any fees or revenue-sharing arrangements between the business and the city • City would also receive their Bradley-Burns share plus any local sales tax on each cannabis sale • Annual revenue generation estimates for FY 2027 and FY 2028 • Options for a flat dollar amount or a % of gross receipts • Estimated annual revenue for the City: $500 to $750K
• Procedures and timeline required for approval

1. Change local prohibition on cannabis related business

2. Identify interested cannabis retail business

3. Negotiate a Development Agreement
188

REVENUE OPTIONS SUMMARY
Revenue Source Estimated New
Revenue
General or
Special Purpose Path to Approval
Parcel Tax Special Council, then Voters
Parcel Assessment Special Council, then Propertyowners Documentary Transfer Tax $60,000 - $824,000 General or
Special
Council, then Voters for
Charter + Tax
Sales Tax $1,000,000 General or
Special Council, then Voters
Utility User Tax $1,000,000 General or
Special Council, then Voters
Cannabis Retail DA $500,000 - $750,000 General or
Special Council
189

NEXT STEPS
• Answer any questions
• Receive feedback and direction on this report from Council after public comment • Return on October 21, 2025, with additional information 190
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Kris Lofthus, City Manager
DATE: August 19, 2025
SUBJECT: Approve a Resolution Amending the Assistant City Manager/Administrative Services Director Job Classification and salary to Administrative Services Director.

Agenda Item: 8.f

STAFF REPORT

RECOMMENDATION
Staff recommends that the City Council approve a Resolution authorizing the amendment of the Assistant City Manager/Administrative Services Director Job Classification to Administrative Services Director and amending the Salary Schedule from a Step A salary of $196,790.43 and Step E of $239,200.00 to a new Step A salary of $148,064.84 and Step E of $179,973.74.

BACKGROUND
//

DISCUSSION
//

FISCAL IMPACTS
Amending the job description and salary schedule per the resolution will result in more than $59,000 in ongoing budget savings at the top salary step.

CEQA
The actions are administrative that will not have an impact on the environment and are categorically exempt from CEQA.

ATTACHMENTS
Staff_Report_Reclass Admin_Services_Dierictor_MOU_and_Salary_Schedule.pdf Attachment_A_RESO_Reclass_Admin_Services_Director.pdf
Attachment_B_Reso_for_Mgmt_MOU.pdf
Attachment_C_Reso_for_Mgmt_Salary_Schedule.pdf
Attachment_D_Management_MOU_2025-2027_Amended_081925.pdf Attachment_E_Salary_Schedule_FY25-26.pdf
Attachment_F_Admin_Svcs_Director_Job_Description.pdf
191

Page 1 of 4 ends

Clayton City CouncilAugust 19, 2025

Clayton City Council
August 19, 2025