1 COUNCILMEMBERS
Laura M. Hoffmeister, Mayor
Edi E. Birsan, Vice Mayor
Dominic D. Aliano
Laura M. Nakamura
Carlyn S. Obringer
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council
Tuesday,
June 6, 2023
6:00 p.m. - Closed Session
6:30 p.m. - Open Session
Closed Session:
City Council
Conference Room
1950 Parkside Drive,
Wing A
Open Session:
Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* UPDATED JUNE 1, 2023
Members of the public are invited to attend and participate at the addresses/locations indicated above.
As a courtesy and technology permitting, members of the public may continue to provide live remote oral public comment via the City’s Zoom Platform. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person. 2 NOTICE: The Closed Session portion of the meeting agenda will be held in person only in the City Council Conference Room, 1950 Parkside Drive, Wing A. Members of the public may not participate in the Closed Session; however, Public Comment for the Closed Session item will be taken in person when the Closed Session begins at 6:00 p.m.
CLOSED SESSION
1. OPENING
Roll Call
2. CLOSED SESSION PUBLIC COMMENT
The public is entitled to address the City Council on items appearing on the Closed Session Calendar before the City Council’s consideration thereof. Each speaker will be limited to approximately three minutes. Please see “How to Participate” above.
3. CLOSED SESSION
a. CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
Agency designated representatives: City Council (Laura Hoffmeister, Edi Birsan, Dominic Aliano, Laura Nakamura, Carlyn Obringer) Employee Representative: MRG (Mary Egan)
Unrepresented Employee: City Manager
4. RECESS TO OPEN SESSION
Members of the public will be able to participate in the Open Session either in-person and/or remotely via Zoom.
Join the Zoom webinar for Open Session public comment by following
THIS LINK
HOW TO PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:
1. IN PERSON:
a.Members of the public can provide in-person comments in the Council Chamber.
Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chamber will have seating available for members of the public to attend in person up to full seating capacity.
3 2. REMOTE:
a. Zoom:
https://cityofconcord.zoom.us/j/86978758452?pwd=UjBzdSt1MlNnbW1oNG10Zml0NFB uZz09 or Zoom Webinar ID: 869 7875 8452 and Passcode: 709615 b.Zoom Phone Numbers. Dial Toll Free: (669) 900-6833 or (346) 348-7799 or (253) 215- 8782.
c.During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. If calling in via Zoom use *9 to raise and lower your hand. The meeting host will call on you, by name, and promote you to panelist in the webinar so you can be seen via your camera. Please enable your microphone when it is your turn to speak. In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required. (If you need instructions on how to use this feature, please contact the City Clerk by 3:00 p.m. of the meeting date at [email protected]).
3. EMAIL:
a.Public comments can also be submitted via email to [email protected]. Please note that emailed comments will not be read aloud by staff. Any public comments received up until 3:00 p.m. of the meeting date will be:
1. distributed to the Council before the meeting,
2. posted online for public inspection at
https://stream.ci.concord.ca.us/OnBaseAgendaOnline/Meetings/Search, and
3. inserted into the meeting record.
b.As emails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your email.
4. TO WATCH OR LISTEN ONLY:
a.Watch on TV on Comcast Channel 28, Astound/Wave Channel 1026, and AT&T U-verse Channel 99
b.Watch the TV broadcast through the City’s website by following THIS LINK c.Watching Live Streaming of the meeting by following THIS LINK d.Join the Zoom webinar by following THIS LINK
OPEN SESSION
5. OPENING
Roll Call – Announcements/Consideration and Approval of Requests by Councilmembers to Participate Remotely Pursuant to AB 2449 4 Pledge of Allegiance – Mayor for the Day Alyssa Maclang
6. PUBLIC COMMENT PERIOD
This is a 15-minute Public Comment Period for items within the City Council’s subject matter jurisdiction that are not on this agenda. Each speaker will be limited to approximately three minutes.
State law prohibits the City Council from acting at this meeting on any matter raised during the Public Comment Period. Please see “How to Participate” above.
7. PRESENTATIONS
a. Presentation – by Mayor Hoffmeister declaring Alyssa Maclang Mayor for the Day on June 6, 2023. Presentation by Mayor Hoffmeister. b. Presentation – an update on the Contra Costa Water DIstrict by Contra Costa Water District Board President Ernesto A. Avila, P.E. Introduction by Mayor Hoffmeister.
8. CITY COUNCIL CONSENT CALENDAR
The public is entitled to address the City Council on items appearing on the Consent Calendar before or during the City Council’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council, provided that any Councilmember, individual or organization may request removal of an item from the Consent Calendar for separate consideration.
If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Participate” above. a. Considering – approval of the minutes from the April 25 and May 2, 2023, meetings. Recommended by the City Clerk.
b. Receiving – the Treasurer's Report for the period January 1 - March 31, 2023. Recommended by the City Treasurer.
c. Considering – authorizing staff to purchase four Ford F-series heavy duty trucks and two Ford F-150 Hybrid trucks in the amount not to exceed $700,000 (Annual Vehicle Replacement Fund). Recommended by the Director of Public Works.
d. Considering – the adoption of a resolution adopting a List of Projects for Fiscal Year 2023-24 Funded by SB 1: The Road Repair and Accountability Act of 2017. Recommended by the Director of Community Development.
CEQA: Not a project/exempt pursuant to CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15273, and/or 15378.
e. Considering – the following:
1. Approval of a Professional Services Agreement in the amount of $450,000 to SZS Engineering Access, Inc. for the Americans with Disabilities Act (ADA) 5 Transition Plan Update (Project No. 2377); and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney; and
2. Approval of budget transfers to the ADA Transition Plan Update (Project No. 2377) in the amounts of $200,000 from Pavement Maintenance Zone 5L (Project No. 2563) and $19,000 from Citywide Accessibility Improvements No. 8 (Project No. 2519) to fully fund the Professional Services Agreement and City staff time. (Funded by State Gas Tax, Measure V and Measure J Local Funds) Recommended by the Director of Community Development.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065 and/or 21080.19, Guidelines Sections 15060(c)(2), 15060(c)(3), 15061(b)(2), 15061(b)(3), 15262, 15273, and/or 15378.
f. Considering – approval of a three-year service agreement in the amount of $558,608 and an additional $350,000 for other service fees with Sedgwick Claims Management Services, Inc. for a total not-to-exceed amount of $908,608, appropriating $97,195 for Fiscal Year 2023-24 and appropriating $106,055 for Fiscal Year 2024-25, and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (Workers’ Compensation Fund) Recommended by the Director of Human Resources.
9. CITY COUNCIL CONSIDERATION ITEM
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Participate” above.
a. Considering – selection of applicants to interview for two seats on the Homeless Strategic Plan Working Group (one representative that is from, or that has experience working with, the LGBTQI+ community and one representative that is an active owner or manager of a business based in Concord). Report by Joelle Fockler, City Clerk.
6 10. CITY COUNCIL PUBLIC HEARINGS
Persons who wish to speak on Public Hearings listed on the agenda will be heard when the public hearing is opened, except on public hearing items previously heard and closed to public comment.
After the public has commented, the item is closed to further public comment and brought to the Council level for discussion and action. Further comment from the audience will not be received unless requested by the Council. No public hearing shall commence after 10 p.m. unless approved by majority vote of the City Council. Please see “How to Participate” above. a. Considering – adoption of a Resolution updating the City’s Annual Sewer Service Charges and amending the Master Fee Schedule (Exhibit A to Resolution No. 78-6042 Establishing Fees and Charges for Various Municipal Services in the City of Concord). Report by Craig Blythe, Administrative Services Manager.
CEQA: Exempt/not a project per Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060(c)(2), 15060(c)(3), 15273, 15378 and/or 15061(b)(3).
b. Considering – the adoption of Mid-Cycle CIP Adjustments for Fiscal Year 2023-24, specifically including the following:
1. Adoption of a Resolution adopting the Mid-Cycle Adjusted CIP Budget for Fiscal Years (FY) 2023-2024 (Attachment 1); and
2. Approval of the appropriation and budget transfers for the Mid-Cycle Adjusted CIP Budget – Project-specific funding allocations (Attachment 2) and making the CEQA determinations as provided in the staff report. Report by Bernard Enrile, CIP Manager.
CEQA: Not a project under Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15262, 15273, and/or 15378.
11. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.
12. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
13. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 6/13/2023 6:30 PM
7 NOTICE TO THE PUBLIC
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited by California law to raising only those issues you or someone else raised in the hearing or in a written correspondence delivered to the City Council prior to or at the hearing.
In accordance with the Americans with Disabilities Act and California Law, it is the policy of the City of Concord to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the ADA Coordinator Tianjun Cao at (925) 671-3243 or [email protected], at least 24 hours in advance of the meeting. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility.
DISTRICT UPDATE
7.b
Division 3
Division 4
Division 2
Division 5
Division 1
BOARD OF DIRECTORS
SERVICE AREA
3DISTRICT UPDATE
DISTRICT UPDATE
WATER SYSTEM AT A GLANCE
Untreated Water System
4 Delta intakes
4 storage reservoirs
48-mile canal
Shortcut Pipeline
Treated Water System
3 water treatment plants
61,736 connections
891 miles of pipes
41 storage tanks
31 pump stations
4
5 WATER SUPPLY
Los Vaqueros: 72% full
Lake Shasta: 98% full
DISTRICT UPDATE
6 STATE MANDATED DROUGHT PROGRAM
DISTRICT UPDATE
District customers responded to call for conservation
0 500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
4,500
5,000
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Treated Water Service Area
Monthly Production (Acre-Feet)
2022 2020 2013
• 14% reduction
compared to 2020
• 21% reduction
compared to 2013
7 WATER SALES
DISTRICT UPDATE
• FY24 water sales projected $12.5 million less than budget 10,000
30,000
50,000
70,000
90,000
110,000
2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 2026 2028 2030 2032 Acre-Feet
Historical FY23-FY24 Budget FY23 Projected FY24 Projected
DISTRICT UPDATE
MEETING FUTURE WATER NEEDS
8
9 TYPICAL WATER USER AT HOME
DISTRICT UPDATE
10 RESOURCES AND REBATES
Residential
• Water Wise House Calls
• Lawn to garden
• Smart irrigation controllers
• Flume smart water monitor
• Mulch and car wash coupons
• My Water Report
Commercial
• Water Use Evaluations
• Lawn to garden
• Irrigation equipment
• Smart irrigation controllers
• Water conservation devices
More at ccwater.com/rebates or 925-688-8320
DISTRICT UPDATE
11 CANAL MODERNIZATION
DISTRICT UPDATE
12 DISTRICT UPDATE
1. Alameda County Water District
2. Contra Costa Water District
3. East Bay Municipal Utility District
4. Grassland Water District
5. San Francisco Public Utilities
Commission
6. San Luis & Delta-Mendota Water
Authority
7. Santa Clara Valley Water District
8. Zone 7 Water Agency
LOS VAQUEROS RESERVOIR
JOINT POWERS AUTHORITY MEMBERS
DISTRICT UPDATE
THANK YOU!
Questions?
Visit us online at ccwater.com
Call 925-688-8000
Connect with us!
Contra Costa Water District
@CCWD
13
REGULAR MEETING OF THE
CONCORD CITY COUNCIL
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, APRIL 25, 2023
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, April 25, 2023, with Mayor Hoffmeister presiding. The pledge of allegiance was led by Councilmember Aliano. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.
ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Edi Birsan, Laura Nakamura, Carlyn Obringer, Laura Hoffmeister
STAFF PRESENT: Valerie Barone, City Manager; Thomas Capriola, Senior Assistant City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Will Tarbox, Director of Public Works; Kevin Marstall, Director of Community Development; Mark Bustillos, Chief of Police; Carlton Thompson, City Engineer; Bernard Enrile, CIP Manager; Tianjun Cao, Associate Civil Engineer; Abhishek Parikh, Deputy Director of Public Works – Transportation; Jeff Rayos, Senior Administrative Analyst
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Gayle VanTassel, Concord Historical Society; Robin Kustalis, Rainbow Community Center; Dodi Zotigh, Rainbow Community Center; Ady Olvera, Concord; Natalie
PUBLIC COMMENT PERIOD
Gayle Van Tasso, Concord Historical Society, highlighted the upcoming free Concord History Camp to be held June 13 – 16 at the Galindo House for 25 students currently enrolled in the 3rd or 4th grade.
Robin Kustalis and Dodi Zotigh, Rainbow Community Center, spoke about discussions held with the City Council in follow up to a letter from the Rainbow Community Center to the Concord City Council and requested a formal response to the letter.
Ady Olvera, Concord, stated her opposition to the Planning Commission interviews being held in person only with no option to participate via Zoom.
Natalie echoed comments made by Ady regarding the lack of a hybrid option for the public to attend the Planning Commission interviews via Zoom.
PRESENTATIONS
PROCLAMATION – National Library Week
Mayor Hoffmeister presented Kimberli Buckley, Concord Library Manager, a proclamation declaring April 23-29, 2023, as “National Library Week” in the City of Concord.
8.a8.a
City Council Minutes April 25, 2023
2 Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
CITY COUNCIL CONSENT CALENDAR
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
APPROVAL OF MINUTES – February 14 and 28, 2023
A motion was made by Obringer and seconded by Birsan to approve the minutes from the meetings on February 14 and 28, 2023. The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NOS. 23-28, 23-29, 23-30, 23-31, 23-32, 23-33, 23-34, 23-35 – Accepting Preliminary Engineer’s Reports and Ordering Improvements in the Downtown Landscape Maintenance District, Pine Hollow Landscape Maintenance District, Landscaping and Lighting Maintenance District No. 3, and the Citywide Street Lighting Assessment District This item was pulled from consideration on the Consent Calendar by Councilmember Nakamura who recused herself from the item due to economic interest in real property resulting from proximity to her primary residence and left the dais.
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
A motion was made by Birsan and seconded by Aliano to adopt Resolution No. 23-28 entitled, “Adoption of a Resolution Accepting the Preliminary Engineer’s Report for the Downtown Landscape Maintenance District.” The motion passed by the following vote:
AYES: Aliano, Birsan, Obringer, Hoffmeister NOES: None ABSENT: Nakamura A motion was made by Birsan and seconded by Aliano to adopt Resolution No. 23-29 entitled, “Adoption of a Resolution Accepting the Preliminary Engineer’s Report for the Pine Hollow Landscape and Lighting Maintenance District.” The motion passed by the following vote:
AYES: Aliano, Birsan, Obringer, Hoffmeister NOES: None ABSENT: Nakamura A motion was made by Birsan and seconded by Aliano to adopt Resolution No. 23-30 entitled, “Adoption of a Resolution Accepting the Preliminary Engineer’s Report for the Landscape and Lighting Assessment District No. 3.” The motion passed by the following vote:
AYES: Aliano, Birsan, Obringer, Hoffmeister NOES: None ABSENT: Nakamura A motion was made by Birsan and seconded by Aliano to adopt Resolution No. 23-31 entitled, “Adoption of a Resolution Accepting the Preliminary Engineer’s Report for the Concord Citywide Street Lighting Assessment District.” The motion passed by the following vote:
AYES: Aliano, Birsan, Obringer, Hoffmeister NOES: None ABSENT: Nakamura A motion was made by Birsan and seconded by Aliano to adopt Resolution No. 23-32 entitled, “Adoption of a Resolution of Intention to Order Improvements and to Set Public Hearing for the Downtown Landscape Maintenance District.” The motion passed by the following vote:
AYES: Aliano, Birsan, Obringer, Hoffmeister NOES: None ABSENT: Nakamura
City Council Minutes April 25, 2023
3 A motion was made by Birsan and seconded by Aliano to adopt Resolution No. 23-33 entitled, “Adoption of a Resolution of Intention to Order Improvements and to Set Public Hearings for the Pine Hollow Landscape and Lighting Maintenance District.” The motion passed by the following vote:
AYES: Aliano, Birsan, Obringer, Hoffmeister NOES: None ABSENT: Nakamura A motion was made by Birsan and seconded by Aliano to adopt Resolution No. 23-34 entitled, “Adoption of a Resolution of Intention to Order Improvements and to Set Public Hearing for the Landscaping and Lighting Assessment District No. 3.” The motion passed by the following vote:
AYES: Aliano, Birsan, Obringer, Hoffmeister NOES: None ABSENT: Nakamura A motion was made by Birsan and seconded by Aliano to adopt Resolution No. 23-35 entitled, “Adoption of a Resolution of Intention to Order Improvements and to Set Public Hearing for the Citywide Street Lighting Assessment District.” The motion passed by the following vote:
AYES: Aliano, Birsan, Obringer, Hoffmeister NOES: None ABSENT: Nakamura Councilmember Nakamura returned to the dais.
ACCEPTANCE OF IMPROVEMENTS – Pothole and Base Repair #2, Port Chicago and Bates (Project No. 2556)
A motion was made by Obringer and seconded by Birsan to accept the improvements for Pothole and Base Repair #2, Port Chicago and Bates (Project No. 2556), constructed by Ghilotti Brothers, Inc. on Bates Avenue (from Nelson Avenue to Port Chicago Highway) and Port Chicago Highway (from Panoramic Drive to the city limits at Kinne Boulevard); and direct the City Clerk to file a Notice of Completion. The motion passed by unanimous vote of the Council.
AMENDMENT OF A PROFESSIONAL SERVICES AGREEMENT – Park Engineering A motion was made by Obringer and seconded by Birsan to approve an amendment of a Professional Services Agreement in the amount of $30,065.40 with Park Engineering for the Monument Boulevard Class 1 Path (Project No. 2455) on Monument Boulevard from Systron Drive to Cowell Road; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NOS. 23-36, 23-37, 23-38, 23-39 – OBAG 3 for Galindo Street Multimodal Project, OBAG 3 for Willow Pass Road Project, Regional ATP6 for Willow Pass Road Project A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 23-36 entitled, “A Resolution Agreeing to Comply with the State Surplus Lands Act, State Laws Regarding Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), and State Density Bonus Law, and Representing that the City of Concord is in Compliance with these Laws.” The motion passed by unanimous vote of the Council.
A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 23-37 entitled, “A Resolution Authorizing the Filing of an Application for Funding Assigned to MTC and Committing any Necessary Matching funds and Stating Assurance to Complete the Galindo Street Multimodal Corridor Project.” The motion passed by unanimous vote of the Council.
A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 23-38 entitled, “A Resolution Authorizing the Filing of an Application for Funding Assigned to MTC and Committing any Necessary Matching funds and Stating Assurance to Complete the Willow Pass Road Bikeway Connection Project.” The motion passed by unanimous vote of the Council.
City Council Minutes April 25, 2023
4 A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 23-39 entitled, “A Resolution Authorizing the Filing of an Application for Funding Assigned to MTC and Committing any Necessary Matching funds and Stating Assurance to Complete the Willow Pass Road Bikeway Connection Project for Active Transportation Program.” The motion passed by unanimous vote of the Council.
RECESS TO GARDEN CONFERENCE ROOM (1950 PARKSIDE DRIVE, WING A) FOR CITY COUNCIL
CONSIDERATION ITEM
CITY COUNCIL CONSIDERATION ITEM
CONSIDERING INTERVIEW QUESTIONS AND HOLDING INTERVIEWS TO FILL ONE (1)
UNSCHEDULED VACANCY FOR THE REMAINDER OF A FOUR-YEAR TERM ENDING FEBRUARY 28, 2025, AND TWO (2) POSITIONS FOR FOUR-YEAR TERMS ENDING FEBRUARY 28, 2027, ON
THE PLANNING COMMISSION
The City Council confirmed the interview questions used for the September 19, 2022, Planning Commission interviews, which were used for interviews with nine applicants including:
Pablo Benavente
Aeysha Corio
Steve Burrows
Ajit Kaushal
Jason Laub
Scott Lee
Andrea Morgan
Robert Ring
Ronald Leone
Mayor Hoffmeister opened a public comment period.
Natalie spoke in favor of applicants Pablo Benavente and Scott Lee for Planning Commission, and applicant Ronald Leone for Design Review Board.
Ady Olvera spoke in favor of applicants who referenced affordable housing and rent control within their responses, stating they would be good candidates for Planning Commission.
Mayor Hoffmeister closed the public comment period.
CORRESPONDENCE
a. Agenda Item No. 3.b – National Library Week Proclamation – PowerPoint Presentation b. Agenda Item No. 6.a – Planning Commission Interviews – Benched Correspondence – Supplemental Questions for Incumbents
ADJOURNMENT
By order of the Mayor, the meeting was adjourned on April 25, 2023, at 8:49 p.m.
City Council Minutes April 25, 2023
5 LAURA M. HOFFMEISTER
MAYOR
JOELLE FOCKLER, MMC
CITY CLERK
REGULAR MEETING OF THE
CONCORD CITY COUNCIL
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, MAY 2, 2023
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, May 2, 2023, with Mayor Hoffmeister presiding. The pledge of allegiance was led by Councilmember Nakamura. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.
ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Edi Birsan, Laura Nakamura, Carlyn Obringer, Laura Hoffmeister
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Monique Robinson, Administrative Secretary; Greg Taylor, Director of Information Technology; Kevin Marstall, Director of Community Development; James Nakayama, Police Captain;
Mindy Gentry, Planning Manager; Joan Ryan, Principal Planner; Robert Carrera, Economic Development Specialist
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Ria Bhatt, Walnut Creek; Christian Aguirre, Rainbow Community Center; Natalie; Debra Ballinger, Concord; Ady Olvera, Concord; Dodi Zotigh, Rainbow Community Center; Kelly Ferguson,
Rainbow Community Center; Dana Johnson, Rainbow
Community Center; Aaron Tiedeman, EBHO
PUBLIC COMMENT PERIOD
Ria Bhatt, Walnut Creek, spoke in opposition to the Rainbow Community Center not receiving ARPA funds.
Christian Aguirre, Rainbow Community Center, spoke in opposition to the Rainbow Community Center not receiving ARPA funds.
PRESENTATIONS
PROCLAMATION – Municipal Clerks’ Week
Mayor Hoffmeister presented City Clerk Joelle Fockler a proclamation declaring April 26 – May 6, 2023 Municipal Clerks’ Week in the City of Concord.
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
City Council Minutes May 2, 2023
2 BUSINESS RECOGNITION AWARDS
Mayor Hoffmeister introduced Economic Development Specialist Robert Carrera, who presented an overview of the program and introduction of recipients. Mr. Carrera introduced Melissa Rea, President/CEO for Greater Concord Chamber of Commerce, who presented Business Recognition Awards to Concord Feed Pet and Livestock Supplies; Sage Veterinary Hospitals; and Atlas Pavers.
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
PROCLAMATION – Affordable Housing Month
Mayor Hoffmeister presented Debra Ballinger, Interim Executive Director, East Bay Housing Organization, a proclamation declaring May 2023, as “Affordable Housing Month” in the City of Concord.
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
CITY COUNCIL CONSENT CALENDAR
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
APPROVAL OF MINUTES – March 7 and 14, 2023
A motion was made by Obringer and seconded by Nakamura to approve the minutes from the meetings on March 7 and 14, 2023. The motion passed by unanimous vote of the Council.
ADOPTION OF ORDINANCE NO. 23-2 – Infinity Assets Concord, LLC (DBA “Cookies”) A motion was made by Obringer and seconded by Nakamura to adopt Ordinance No. 23-2 entitled, “An Ordinance Approving and Adopting a Development Agreement by and between the City of Concord and Infinity Assets Concord, LLC, (DBA "Cookies") Regarding the Development of Property located at 5121 Port Chicago Highway, Assessor's Parcel Number: 159-040-037 (PL22021 - AP, ME, DA, DR).” Ordinance No. 23-2 was introduced on April 11, 2023, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.
CITY COUNCIL CONSIDERATION ITEMS
APPOINTMENTS TO THE PLANNING COMMISSION
City Clerk Joelle Fockler presented the staff report, explaining that the City Council was being requested to appoint one member to the Planning Commission for the remainder of a four-year term ending February 28, 2025, and two members to the Planning Commission for four-year terms ending February 28, 2027, by ballot vote.
Mayor Hoffmeister opened a public comment period.
Natalie stated that all applicants should be considered equally with no preference for incumbents and in support of appointment of Pablo Benevente, Steve Burrows, and Scott Lee.
Debra Ballinger, Concord, spoke in support of appointment of Pablo Benevente.
Ady Olvera, Concord, spoke in opposition to the Planning Commission interviews not being held via Zoom or live streamed and in support of appointment of Pablo Benevente, Steve Burrows, and Scott Lee.
City Council Minutes May 2, 2023
3 Mayor Hoffmeister closed the public comment period.
Following a ballot vote, a motion was made by Aliano and seconded by Obringer to approve the appointments of Aeysha Corio and Jason Laub for four-year terms on the Planning Commission ending February 28, 2027. The motion passed by unanimous vote of the Council.
Following a ballot vote, a motion was made by Obringer and seconded by Birsan to approve the appointment of Ajit Kaushal to fill an unscheduled vacancy on the Planning Commission for a term ending February 28, 2025. The motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION NO. 23-40 – Amending Resolution No. 23-3, adding additional representatives to the Homeless Strategic Plan Working Group Assistant City Manager Justin Ezell presented the staff report, provided background on the development of the Homeless Strategic Plan Working Group, and explained that the City Council was being requested to adopt a resolution amending Resolution No. 23-3, Establishing a Homeless Strategic Plan Working Group, by adding additional representatives and opening a recruitment to fill the positions.
Following questions from the City Council, Mayor Hoffmeister opened a public comment period.
The following people spoke in support of a LGBTQ+ representative on the Homeless Strategic Plan Working Group:
Dodi Zotigh, Rainbow Community Center
Natalie
Kelly Ferguson, Rainbow Community Center
Ady Olvera, Concord
Dana Johnson, Rainbow Community Center
Mayor Hoffmeister closed the public comment period.
Following comments from the City Council, a motion was made by Nakamura and seconded by Birsan to adopt Resolution No. 23-40 entitled, “A Resolution Amending Resolution No. 23-3, A Resolution Establishing a Homeless Strategic Plan Working Group, by Adding Additional Representatives” with the following amendments and open a recruitment for one representative that is from, or that has experience working with, the LGBTQI+ community and one representative that is an active owner or manager of a business based in Concord:
1. The Working Group shall consist of up to 11 members appointed by the City Council.
2. One representative that is from, or that has experience working with, the LGBTQI+ community.
3. One representative that is an active owner or manager of a business based in Concord.
4. For the lived experience, nonprofit homeless services provider, substance abuse professional, mental health professional, and LGBTQI+ community representatives, preference shall be given to applicants that are either from or based in Concord.
The motion passed by unanimous vote of the Council.
Mayor Hoffmeister recessed the meeting at 8:14 p.m. The meeting resumed at 8:29 p.m.
City Council Minutes May 2, 2023
4 STUDY SESSION – Objective Design Standards
Principal Planner Joan Ryan presented an overview of the staff report and introduced Christine Thomson, MIG, who provided an update on the preparation of the City’s Objective Design Standards document and an overview of the draft standards and diagrams for the five sections: Citywide, Downtown, Neighborhoods, Corridors, and Special Case/Infill areas. Principal Planner Ryan requested feedback on the administrative draft Objective Design Standards for incorporation into the final draft Objective Design Standards.
Following questions and comments from the City Council, Mayor Hoffmeister opened a public comment period.
Natalie asked if the word “mission” is problematic and if another word could be used in its place, what the word Mediterranean means, and if the term “hippie modernism” will be used.
Aaron Tiedeman, EBHO, spoke in support of Objective Design Standards.
Mayor Hoffmeister closed the public comment period.
Staff was directed to put the creation of an Ad Hoc Committee to advise the City Manager and staff on the development of Objective Design Standards on the May 9, 2023, City Council meeting agenda.
CORRESPONDENCE
a. Agenda Item No. 3.a – Business Recognition Awards – PowerPoint Presentation b. Agenda Item No. 5.a – Planning Commission Appointments – Benched Attachment 1 c. Agenda Item No. 5.a – Planning Commission Appointments – Benched Correspondence d. Agenda Item No. 5.b – Homeless Strategic Plan Working Group – PowerPoint Presentation e. Agenda Item No. 5.c – Objective Design Standards – PowerPoint Presentation
ADJOURNMENT
By order of the Mayor, the meeting was adjourned on May 2, 2023, at 10:08 p.m. in memory of Betty Jane Hodge.
LAURA M. HOFFMEISTER
MAYOR
JOELLE FOCKLER, MMC
CITY CLERK
MEMORANDUM
TO: City Council
FROM: Patti Barsotti, City Treasurer
DATE: April 26, 2023
SUBJECT: Treasurer's Report: January 1, 2023 - March 31, 2023 The attached report presents the City's investment portfolio as of the quarter ending March 31, 2023 and has been prepared in compliance with California Code Section 53646. Market values have been provided by PFM Asset Management on the attached detail.
On April 1, 2013, the City contracted with investment advisor PFM Asset Management to manage the City's portfolio. The City's strategy is to retain sufficient cash flow to manage day-to-day operations and have PFM focus on longer-term investment management. All investments are held by the City in safekeeping accounts through BNY Mellon and US Bank, except for investments held by trustees related to bond financings, which are held by BNY Mellon and Union Bank.
City Managed PFM Managed Total Portfolio Restricted
(in millions) (in millions) (in millions) (in millions) LAIF
Cash LAIF CAMP Cal Trust Portfolio (Market Value) COP Proceeds Portfolio
Balance $9.7 $41.79 $140.49 $22.76 $59.23 $274.58 $112.29 Effective
Yield N/A 2.74% 4.80% 4.39% 4.24% 3.75% 2.74%
Avg.
Weighted
Maturity N/A 1 Day 1 Day 1 Day 2.55 Years .39 Years 1 Day Treasurer Certification:
I certify that these reports accurately reflect all pooled investments, are in compliance with California Government Code Section 53646 and are in conformity with the investment policy adopted by City Council, June 1, 2021. This report will be posted to the Treasurer's Website as of April
30, 2023 to comply with the City's investment policy mandate.
As Treasurer of the City of Concord, I hereby certify that sufficient investment liquidity and anticipated revenue are available to meet the next six month's estimated expenditures (CA Code sec 53646(b)).
E. Patricia Barsotti, CITY TREASURER
April 26, 2023
Date
8.b8.b
Sector Average Maturity Par Amount Adjusted Cost Market Value Coupon Yield at
Market
Cash on Hand* 1 Day 9,684,836.63 9,684,836.63 9,684,836.63 - - Portfolio Cash 1 Day 611,050.14 611,050.14 611,050.14 - 4.66% CAMP* 1 Day 140,493,546.99 140,493,546.99 140,493,546.99 - 4.80% LAIF* 1 Day 41,793,315.03 41,793,315.03 41,793,315.03 2.74% LAIF Restricted Financing Proceeds* 1 Day 112,290,903.30 112,290,903.30 112,290,903.30 - 2.74% Cash Equivalents Subtotal 1 Day 304,873,652.09 304,873,652.09 304,873,652.09 3.61% CalTrust Short Term Fund* 1 Day 3,550,000.00 4,416,379.78 4,406,232.03 - 4.61% CalTrust Medium Term Fund* 1 Day 17,050,000.00 18,814,713.01 18,355,560.52 - 4.34% Other Investments Subtotal 1 Day 20,600,000.00 23,231,092.79 22,761,792.55 4.39% U.S. Treasuries 3.09 Years 31,355,000.00 30,207,556.19 29,027,932.22 1.15% 3.84% Federal Agencies 1.41 Years 8,375,000.00 8,366,677.98 7,939,021.48 0.34% 4.48% Federal Agency CMBS 1.67 Years 400,000.00 407,059.36 389,765.68 3.06% 4.66% Supranationals 1.11 Years 2,110,000.00 2,109,135.21 2,019,255.40 0.39% 4.55% Municipal Obligations 2.32 Years 2,790,000.00 2,790,880.68 2,616,224.30 1.38% 4.46% Corporate Notes 2.36 Years 16,280,000.00 16,375,393.44 15,537,648.25 2.42% 4.64% Certificates of Deposit 2.59 Years 1,700,000.00 1,700,000.00 1,705,437.45 5.57% 5.41% PFM Managed Portfolio Subtotal 2.55 Years 63,010,000.00 61,956,702.86 59,235,284.78 4.24% Total 0.39Years 388,483,652.09 390,061,447.74 386,870,729.42 3.75% Earnings Summary January 1, 2023 - March 31, 2023 (Accrual Basis) Ending Amortized Value of Securities 61,956,702.86
Ending Accrued Interest 251,980.56
Plus Proceeds from Sales 5,418,021.20
Plus Proceeds of Maturities/Calls/Principal Payments 452,691.88 Plus Coupons Received 154,010.70
Less Cost of New Purchases (5,627,569.37)
Less Beginning Amortized Value of Securities (62,375,434.81) Less Beginning Accrued Interest (173,372.77)
Portfolio Securities Subtotal 57,030.25
LAIF Subtotal $1,048,478.98
CAMP Subtotal $1,610,643.73
CalTrust Subtotal $175,770.42
Grand Total 2,891,923.38
*Values provided by the City of Concord
LAIF
CAMP
CalTrust
PFM Managed Portfolio
Portfolio Securities
City of Concord
Cash and Investment Summary
as of March 31, 2023
Cash Equivalents
Other Investments
City of Concord
Cash and Investment Summary
as of March 31, 2023
U.S.
Treasuries
7%Federal
Agencies
2%
Agency CMBS
<1% Supranationals
<1%
Municipal
Obligations
1%
Corporate
Notes
4%
Certificates of
Deposit
<1%
LAIF
11%
LAIF Restricted
Financing
Proceeds
29%
CAMP
36%
CalTrust
6%Cash
3%
Sector Breakdown
AAA
1%
AA
12%
A
2%
A-1+
<1%A-1
<1%
BBB+
<1%
NR
<1%
Cash
3%
Aaf (CalTrust)
1%
NR (LAIF/CalTrust)
45%
AAAm
(CAMP)
36%
Credit Quality
85%
1% 3% 6% 4% 1% 0%
0%
20%
40%
60%
80%
100%
Less than
6 Months
6 to 12 Months 1 to 2 Years 2 to 3 Years 3 to 4 Years 4 to 5 Years Over 5 Years Maturity Distribution
Issuer
S&P
Rating Coupon Maturity Purchased
Days to
Maturity Par Amount Adjusted Cost Market Value
Yield at
Market
Cash Equivalents
Cash on Hand* NR - 4/1/2023 3/31/2023 1 9,684,836.63 9,684,836.63 9,684,836.63 - Portfolio Cash Account NR 4.66% 4/1/2023 3/31/2023 1 611,050.14 611,050.14 611,050.14 4.66% LAIF-City of Concord* NR 2.74% 4/1/2023 3/31/2023 1 31,441,635.84 31,441,635.84 31,441,635.84 2.74% LAIF-COP 2021 - Restricted* NR 2.74% 4/1/2023 3/31/2023 1 112,290,903.30 112,290,903.30 112,290,903.30 2.74% LAIF-Sewer Enterprise District - Restricted* NR 2.74% 4/1/2023 3/31/2023 1 10,351,679.19 10,351,679.19 10,351,679.19 2.74% CAMP* AAAm 4.92% 4/1/2023 3/31/2023 1 140,493,546.99 140,493,546.99 140,493,546.99 4.92% Cash Equivalents Subtotal 1 304,873,652.09 304,873,652.09 304,873,652.09 3.61% U.S. Treasuries
U.S. Treasury AA+ 2.00% 6/30/2024 3/6/2020 457 150,000.00 152,112.76 145,500.00 4.49% U.S. Treasury AA+ 2.00% 6/30/2024 8/12/2021 457 930,000.00 948,343.32 902,100.00 4.49% U.S. Treasury AA+ 1.75% 12/31/2024 7/6/2020 641 1,450,000.00 1,486,979.87 1,390,867.26 4.19% U.S. Treasury AA+ 1.75% 12/31/2024 8/7/2020 641 400,000.00 410,964.53 383,687.52 4.19% U.S. Treasury AA+ 0.25% 6/30/2025 3/4/2021 822 750,000.00 744,500.93 691,171.88 3.92% U.S. Treasury AA+ 0.25% 6/30/2025 4/5/2021 822 750,000.00 742,288.20 691,171.87 3.92% U.S. Treasury AA+ 0.38% 12/31/2025 5/6/2021 1,006 825,000.00 816,750.66 751,781.25 3.80% U.S. Treasury AA+ 0.38% 12/31/2025 6/7/2021 1,006 850,000.00 842,477.94 774,562.50 3.80% U.S. Treasury AA+ 0.38% 12/31/2025 7/7/2021 1,006 725,000.00 716,259.86 660,656.25 3.80% U.S. Treasury AA+ 0.38% 12/31/2025 8/5/2021 1,006 950,000.00 944,946.99 865,687.50 3.80% U.S. Treasury AA+ 0.38% 12/31/2025 9/7/2021 1,006 1,600,000.00 1,586,688.21 1,458,000.00 3.80% U.S. Treasury AA+ 0.38% 12/31/2025 10/6/2021 1,006 575,000.00 568,287.85 523,968.75 3.80% U.S. Treasury AA+ 0.38% 12/31/2025 11/4/2021 1,006 1,425,000.00 1,399,239.97 1,298,531.25 3.80% U.S. Treasury AA+ 0.38% 12/31/2025 12/6/2021 1,006 1,700,000.00 1,665,418.25 1,549,125.00 3.80% U.S. Treasury AA+ 0.75% 4/30/2026 1/6/2022 1,126 1,750,000.00 1,719,531.25 1,595,234.38 3.82% U.S. Treasury AA+ 0.75% 4/30/2026 2/14/2022 1,126 150,000.00 144,811.54 136,734.37 3.82% U.S. Treasury AA+ 0.75% 4/30/2026 2/25/2022 1,126 475,000.00 459,915.95 432,992.19 3.82% U.S. Treasury AA+ 0.63% 7/31/2026 6/6/2022 1,218 1,600,000.00 1,484,451.23 1,443,000.00 3.78% U.S. Treasury AA+ 0.63% 7/31/2026 7/8/2022 1,218 825,000.00 767,782.54 744,046.88 3.78% U.S. Treasury AA+ 0.63% 7/31/2026 8/4/2022 1,218 1,425,000.00 1,330,522.24 1,285,171.88 3.78% U.S. Treasury AA+ 0.63% 7/31/2026 8/15/2022 1,218 2,675,000.00 2,473,784.18 2,412,515.62 3.78% U.S. Treasury AA+ 2.00% 11/15/2026 10/11/2022 1,325 1,000,000.00 930,649.86 940,312.50 3.78% U.S. Treasury AA+ 2.00% 11/15/2026 11/4/2022 1,325 475,000.00 437,649.72 446,648.44 3.78% U.S. Treasury AA+ 2.00% 11/15/2026 12/7/2022 1,325 2,675,000.00 2,503,964.23 2,515,335.94 3.78% U.S. Treasury AA+ 2.00% 11/15/2026 1/6/2023 1,325 1,925,000.00 1,799,014.93 1,810,101.56 3.78% U.S. Treasury AA+ 2.75% 4/30/2027 2/3/2023 1,491 1,575,000.00 1,518,647.00 1,517,906.25 3.71% U.S. Treasury AA+ 2.75% 7/31/2027 3/6/2023 1,583 1,725,000.00 1,611,572.18 1,661,121.18 3.68% U.S. Treasuries Subtotal 1,128 31,355,000.00 30,207,556.19 29,027,932.22 3.84% as of March 31, 2023
Cash and Investment Detail
City of Concord
Operating Funds
Issuer
S&P
Rating Coupon Maturity Purchased
Days to
Maturity Par Amount Adjusted Cost Market Value
Yield at
Market
as of March 31, 2023
Cash and Investment Detail
City of Concord
Federal Agencies
Federal Home Loan Mortgage Corporation AA+ 0.25% 9/8/2023 9/4/2020 161 770,000.00 770,020.47 754,723.97 4.87% Federal Home Loan Mortgage Corporation AA+ 0.25% 9/8/2023 9/4/2020 161 1,030,000.00 1,029,950.52 1,009,565.83 4.87% Federal Home Loan Mortgage Corporation AA+ 0.13% 10/16/2023 10/16/2020 199 600,000.00 599,595.32 584,943.00 4.85% Federal Home Loan Mortgage Corporation AA+ 0.25% 11/6/2023 11/5/2020 220 650,000.00 649,883.11 632,525.40 4.85% Federal National Mortgage Association AA+ 0.25% 11/27/2023 11/25/2020 241 575,000.00 574,856.59 558,076.60 4.85% Federal Home Loan Mortgage Corporation AA+ 0.25% 12/4/2023 12/4/2020 248 575,000.00 574,871.59 557,614.88 4.84% Federal Home Loan Bank AA+ 0.50% 4/14/2025 4/16/2020 745 600,000.00 598,786.11 557,449.20 4.16% Federal National Mortgage Association AA+ 0.63% 4/22/2025 4/24/2020 753 600,000.00 599,490.42 558,574.80 4.15% Federal Home Loan Mortgage Corporation AA+ 0.38% 7/21/2025 7/23/2020 843 750,000.00 748,275.84 689,437.50 4.08% Federal National Mortgage Association AA+ 0.38% 8/25/2025 8/27/2020 878 650,000.00 648,537.37 595,739.30 4.06% Federal Home Loan Bank AA+ 0.38% 9/4/2025 9/11/2020 888 275,000.00 274,597.70 251,875.25 4.05% Federal Home Loan Mortgage Corporation AA+ 0.38% 9/23/2025 9/25/2020 907 650,000.00 649,028.19 594,495.20 4.03% Federal National Mortgage Association AA+ 0.50% 11/7/2025 11/12/2020 952 650,000.00 648,784.75 594,000.55 4.02% Federal Agencies Subtotal 514 8,375,000.00 8,366,677.98 7,939,021.48 4.48% Federal Agencies CMBS
Federal Home Loan Mortgage Corporation AA+ 3.06% 12/1/2024 3/25/2020 611 400,000.00 407,059.36 389,765.68 4.66% Federal Agency CMO Subtotal 611 400,000.00 407,059.36 389,765.68 4.66% Supranationals
International Bank for Reconstruction and Development AAA 0.25% 11/24/2023 11/24/2020 238 940,000.00 939,562.58 912,865.96 4.81% Inter-American Development Bank AAA 0.50% 9/23/2024 9/23/2021 542 1,170,000.00 1,169,572.63 1,106,389.44 4.33% Supranationals Subtotal 405 2,110,000.00 2,109,135.21 2,019,255.40 4.55% Municipal Obligations
State of Connecticut AA- 2.00% 7/1/2024 6/11/2020 458 100,000.00 100,000.00 96,701.00 4.74% Chaffey Joint Union HS District CA AA- 2.10% 8/1/2024 12/5/2019 489 140,000.00 140,000.00 135,436.00 4.64% New York State Urban Development Corp. NR 0.87% 3/15/2025 12/23/2020 715 600,000.00 600,000.00 558,732.00 4.58% University of California AA 0.88% 5/15/2025 7/16/2020 776 160,000.00 160,000.00 148,880.00 4.34% Florida State Board of Administration AA 1.26% 7/1/2025 9/16/2020 823 300,000.00 300,000.00 279,480.00 4.48% Florida State Board of Administration AA 1.26% 7/1/2025 9/16/2020 823 115,000.00 115,382.12 107,134.00 4.48% Florida State Board of Administration AA 1.26% 7/1/2025 9/16/2020 823 160,000.00 160,498.56 149,056.00 4.48% San Juan Unified School District CA NR 0.85% 8/1/2025 10/29/2020 854 250,000.00 250,000.00 230,747.50 4.35% Minnesota State AAA 0.63% 8/1/2025 8/25/2020 854 180,000.00 180,000.00 165,402.00 4.32% Los Angeles Community College District CA AA+ 0.77% 8/1/2025 11/10/2020 854 250,000.00 250,000.00 229,905.00 4.43% California State University AA- 0.86% 11/1/2025 7/29/2021 946 170,000.00 170,000.00 155,553.40 4.37% New Jersey Transport Trust Authority AA- 1.05% 1/1/2026 2/4/2021 1,007 125,000.00 125,000.00 112,775.00 4.89% State of California AA- 4.85% 3/1/2027 3/15/2023 1,431 240,000.00 240,000.00 246,422.40 4.10% Municipal Obligations Subtotal 846 2,790,000.00 2,790,880.68 2,616,224.30 4.46%
Issuer
S&P
Rating Coupon Maturity Purchased
Days to
Maturity Par Amount Adjusted Cost Market Value
Yield at
Market
as of March 31, 2023
Cash and Investment Detail
City of Concord
Corporate Notes
PNC Bank A- 3.50% 1/23/2024 2/15/2019 298 550,000.00 550,587.84 539,663.85 5.89% Charles Schwab A 0.75% 3/18/2024 3/18/2021 353 195,000.00 194,968.69 185,507.60 6.01% Morgan Stanley A- 3.88% 4/29/2024 7/23/2019 395 550,000.00 557,126.72 543,195.95 5.06% Amazon.com Inc AA 0.45% 5/12/2024 5/12/2021 408 115,000.00 114,937.65 110,074.55 4.42% American Honda Finance A- 2.40% 6/27/2024 7/15/2019 454 575,000.00 574,285.82 557,924.23 4.89% Goldman Sachs BBB+ 3.85% 7/8/2024 7/11/2019 465 575,000.00 580,764.71 565,037.55 5.27% BB&T A- 2.50% 8/1/2024 8/5/2019 489 575,000.00 575,243.42 549,119.83 6.05% BMW Bank North America A 0.75% 8/12/2024 8/12/2021 500 130,000.00 129,994.67 123,018.22 4.86% Walt Disney BBB+ 1.75% 8/30/2024 9/6/2019 518 600,000.00 599,304.61 576,863.40 4.59% John Deere Capital A 0.63% 9/10/2024 9/10/2021 529 190,000.00 189,940.50 179,919.55 4.46% Paccar Financial A+ 1.80% 2/6/2025 10/29/2020 678 335,000.00 341,553.95 318,594.05 4.59% Toyota Motor A+ 1.80% 2/13/2025 5/26/2020 685 285,000.00 286,104.74 270,858.59 4.60% Toyota Motor A+ 1.80% 2/13/2025 5/26/2020 685 65,000.00 65,358.98 61,774.76 4.60% Toyota Motor A+ 1.80% 2/13/2025 5/26/2020 685 100,000.00 100,387.63 95,038.10 4.60% American Express BBB+ 2.25% 3/4/2025 3/4/2022 704 155,000.00 154,899.59 147,120.42 5.05% Roche Holdings AA 2.13% 3/10/2025 3/10/2022 710 775,000.00 775,000.00 740,513.28 4.55% Home Depot A 2.70% 4/15/2025 3/28/2022 746 45,000.00 44,947.34 43,537.50 4.38% Citigroup Inc BBB+ 3.30% 4/27/2025 9/1/2020 758 400,000.00 419,595.56 386,001.60 5.10% Cintas Corporation A- 3.45% 5/1/2025 5/3/2022 762 130,000.00 129,980.11 127,045.36 4.60% USAA Capital Corporation AA 3.38% 5/1/2025 5/26/2022 762 450,000.00 448,954.42 435,994.20 4.96% Apple Inc AA+ 1.13% 5/11/2025 5/13/2020 772 1,050,000.00 1,050,871.73 985,045.95 4.21% General Dynamics Corp A- 3.50% 5/15/2025 10/20/2020 776 425,000.00 447,867.33 415,735.85 4.59% JP Morgan Chase A- 0.82% 6/1/2025 6/1/2021 793 595,000.00 595,000.00 564,018.35 3.33% Amazon.com Inc AA 0.80% 6/3/2025 6/5/2020 795 725,000.00 724,845.36 672,291.78 4.34% National Australia Bank AA- 3.50% 6/9/2025 6/9/2022 801 485,000.00 485,000.00 470,292.86 4.98% National Rural Utilities Co Finance Corp A- 3.45% 6/15/2025 5/4/2022 807 100,000.00 99,980.88 97,044.50 4.88% IBM Corp A- 4.00% 7/27/2025 7/27/2022 849 450,000.00 450,000.00 444,897.45 4.52% Bank of America A- 3.88% 8/1/2025 8/20/2020 854 400,000.00 426,786.18 391,113.60 4.89% Abbott Laboratories AA- 3.88% 9/15/2025 9/28/2020 899 400,000.00 427,346.86 396,133.60 4.29% Bank of America A- 1.53% 12/6/2025 12/6/2021 981 500,000.00 500,000.00 468,459.00 4.03% JP Morgan Chase A- 2.60% 2/24/2026 2/24/2022 1,061 350,000.00 350,000.00 333,349.45 4.36% UnitedHealth Group A+ 1.15% 5/15/2026 5/19/2021 1,141 475,000.00 474,482.87 431,386.93 4.32% BMW Bank North America A 1.25% 8/12/2026 8/16/2021 1,230 325,000.00 324,934.23 291,423.93 4.60% Caterpilar Inc. A 1.70% 1/8/2027 1/13/2022 1,379 450,000.00 448,280.34 410,544.45 4.24% Target Corp A 1.95% 1/15/2027 1/24/2022 1,386 80,000.00 79,896.33 73,963.68 4.12% Bank OF New York Mellon Corp A 2.05% 1/26/2027 1/28/2022 1,397 925,000.00 923,428.35 829,818.43 5.04% Berkshire Hathaway AA 2.30% 3/15/2027 3/17/2022 1,445 900,000.00 886,633.50 850,347.00 3.81% National Australia Bank AA- 3.91% 6/9/2027 6/13/2022 1,531 400,000.00 396,997.10 391,845.60 4.44% Astrazeneca Finance LLC A 4.88% 3/3/2028 3/3/2023 1,799 450,000.00 449,105.43 463,133.25 4.21% Corporate Notes Subtotal 860 16,280,000.00 16,375,393.44 15,537,648.25 4.64%
Issuer
S&P
Rating Coupon Maturity Purchased
Days to
Maturity Par Amount Adjusted Cost Market Value
Yield at
Market
as of March 31, 2023
Cash and Investment Detail
City of Concord
Certificates of Deposit
Toronto Dominion Bank NY A 5.60% 10/27/2025 10/31/2022 941 850,000.00 850,000.00 849,507.00 5.59% Nordea Bank AA- 5.53% 11/3/2025 11/3/2022 948 850,000.00 850,000.00 855,930.45 5.24% Certificates of Deposit Subtotal 945 1,700,000.00 1,700,000.00 1,705,437.45 5.41% Other Investments
CalTrust Short Term Fund* AAf 4.61% 4/1/2023 3/31/2023 1 3,550,000.00 4,416,379.78 4,406,232.03 4.61% CalTrust Medium Term Fund* NR 4.34% 4/1/2023 3/31/2023 1 17,050,000.00 18,814,713.01 18,355,560.52 4.34% Other Investments Subtotal 1 20,600,000.00 23,231,092.79 22,761,792.55 4.39% Operating Total 143 388,483,652.09 390,061,447.74 386,870,729.42 3.75% *Values provided by the City of Concord
Trade Date Settle Date Transaction CUSIP Issuer Coupon Maturity Par Value Yield at
Market
Purchases
1/4/2023 1/6/2023 Buy 912828U24 US TREASURY NOTES 2.00% 11/15/2026 (1,925,000.00) 3.96% 1/31/2023 2/3/2023 Buy 91282CEN7 US TREASURY N/B NOTES 2.75% 4/30/2027 (1,575,000.00) 3.70% 2/28/2023 3/3/2023 Buy 04636NAF0 ASTRAZENECA FINANCE LLC CORPORATE NOTES 4.88% 3/3/2028 (450,000.00) 4.92% 3/2/2023 3/6/2023 Buy 91282CFB2 US TREASURY N/B NOTES 2.75% 7/31/2027 (1,725,000.00) 4.44% 3/9/2023 3/15/2023 Buy 13063D3N6 CA ST MUNICIPAL BONDS 4.85% 3/1/2027 (240,000.00) 4.85% Maturities
3/17/2023 3/17/2023 Maturity 22552G3C2 CREDIT SUISSE NEW YORK CERT DEPOS 0.59% 3/17/2023 450,000.00 Sales
1/4/2023 1/6/2023 Sell 912828XX3 US TREASURY NOTES 2.00% 6/30/2024 1,700,000.00 1/31/2023 2/3/2023 Sell 912828XX3 US TREASURY NOTES 2.00% 6/30/2024 275,000.00 1/31/2023 2/3/2023 Sell 912828XX3 US TREASURY NOTES 2.00% 6/30/2024 1,175,000.00 2/28/2023 3/3/2023 Sell 912828T91 US TREASURY NOTES 1.63% 10/31/2023 450,000.00 3/2/2023 3/6/2023 Sell 3137EAEV7 FREDDIE MAC NOTES 0.25% 8/24/2023 300,000.00 3/2/2023 3/6/2023 Sell 912828XX3 US TREASURY NOTES 2.00% 6/30/2024 425,000.00 3/2/2023 3/6/2023 Sell 912828XX3 US TREASURY NOTES 2.00% 6/30/2024 425,000.00 3/2/2023 3/6/2023 Sell 912828XX3 US TREASURY NOTES 2.00% 6/30/2024 550,000.00 3/8/2023 3/15/2023 Sell 912828T91 US TREASURY NOTES 1.63% 10/31/2023 300,000.00 City of Concord
Investments Transactions Detail
January 1, 2023 - March 31, 2023
Credit Quality
Minimum Permitted Rating Lowest Rated Security
(S&P)
U.S. Treasuries N/A AA+
Federal Agencies N/A AA+
Supranationals "AA" Category by a NRSRO AAA
Municipal Obligations "A" Category by a NRSRO A+
Corporate Notes "A" Category by a NRSRO BBB+
Commercial Paper Highest Short-Term Category NA
Negotiable CDs "A" Category by a NRSRO A-1/A
Maturity Limits
Maximum Maturity Limit Maximum Maturity
U.S. Treasuries 5 Years 4.34 Years
Federal Agencies 5 Years 2.61 Years
Federal Agency CMBS 5 Years 1.67 Years
Supranationals 5 Years 1.48 Years
Municipal Obligations 5 Years 3.92 Years
Corporate Notes 5 Years 4.93 Years
Commercial Paper 270 Days 0.00 Years
Negotiable CDs 5 Years 2.60 Years
Sector Allocations
Maximum Allocation Current Allocation
U.S. Treasuries 100% 10.6%
Federal Agencies 100% 2.9%
Federal Agency CMBS* 0% 0.1%
Supranationals 30% 0.7%
Municipal Obligations 30% 1.0%
Corporate Notes 30% 5.7%
Commercial Paper 20% 0.0%
Negotiable CDs 30% 0.6%
For informational purposes only and is not provided for compliance assurance, and is formatted for the City's use.
City of Concord
Operating Funds Investment Policy Report
as of March 31, 2023
*Effective August 18, 2020, federal agency securitized securities (including but not limited to mortgage-backed securities, collateralized mortgage obligations, commercial mortgage backed-securities are no longer authorized for purchase. Investments purchased before this date may be held in the portfolio until maturity.
The current allocation calculation excludes funds in the LAIF-COP 2021 account, as bond proceeds are not subject to the City's Investment Policy
Note: Pre- and post-trade compliance for the account(s) managed by PFM Asset Management is provided via Bloomberg Asset and Investment Management ("AIM").
City of Concord
Operating Funds Investment Policy Report
as of March 31, 2023
During the reporting period for the quarter ended March 31, 2023 the account(s) managed by PFM Asset Management ('PFMAM') were in compliance with the applicable investment policy and guidelines as furnished to PFMAM.
Acknowledged : PFM Asset Management LLC
Investment Portfolio Benefits all Funds
The City's cash and investment portfolio represents money from all City funds, including the General Fund, Enterprise funds, Capital Projects funds, and other funds, which are restricted to specific purposes.
In general, monies held by the City are allocated by the City Council for spending or are purposefully retained in reserves. For example, the money in the Capital Projects fund has been identified to provide particular capital projects for the community and there is a plan for spending down the cash balance as the projects progress. In the General Fund, approximately $38 million is purposely held in reserve to meet the City's reserve policy of a minimum of 17% and a goal of 30% of operating expenditures. Due to the schedule of when the City receives revenues throughout the year, cash reserves typically dip in the months of July through December until the first installment of Property Taxes are received in December. Typically, 63% of our General Fund revenues are received as of March 31.
Compliance with Reserve Policy is measured at the end of the City's fiscal year, June 30.
Below is a chart showing the composition of the cash and investment portfolio included in the March 31, 2023 Treasurer's Report. It is important to understand that the only money not already allocated (but not yet spent) or restricted for a specific purpose is the General Fund Emergency Reserve, which is shown in the pie chart on the chart below in gray.
Investments by Fund Type
(Preliminary & Unaudited) 03/31/23
Enterprise
Funds,
$62.2M
Special Revenue
Funds, $60.SM
I
Internal
Service
Capital Project Funds,
$147.3M
--
Trust Funds, $2. 7M Emergency Reserve
Fund, $38.3M
Advances to other Funds,
$11.9M
Assigned/Restricted
Funds, $3.4M
Fund Descriptions:
General Fund is the City's operating fund that accounts for general purpose revenues and expenses and are by definition unrestricted. The Cash and Investments in the General Fund is comprised of the following categories: 1) Assignments and Restrictions for obligations already entered into but not yet paid; 2) Advances to Other funds which primarily represent advances to the Local Reuse Authority for the Naval Weapons Station redevelopment project and to the Golf Course for improvements at that facility; and 3) Emergency Reserve funds that are retained per Council Policy to address financial uncertainties.
Enterprise Funds report operations that are operating in a manner similar to a private business enterprise.
The Sewer Fund is the largest fund in this category and is legally restricted to be used only for sewer related activities.
Special Revenue Funds account for funds where the source of revenue is dedicated and restricted to a specific purpose. Housing funds, State Gas Tax funds and Assessment District funds represent examples of these types of funds.
Capital Projects Funds are used to track the financial resources set aside to acquire and/or construct major capital assets.
Internal Service Funds (ISF) are established to account for special activities and services performed by a designated department for other departments on a cost -reimbursement basis or replacement of necessary equipment. Examples include Worker's Compensation, Fleet Maintenance/Replacement, Information Technology, and Building Maintenance fund. Funds are restricted by policy through the City Council and spent in accordance with the program/equipment they are designated to support.
Trust Funds are used to account for assets held by the City as a trustee agent for individuals, private organizations, and other governments. Examples include the City of Concord Retirement System Pension Fund and the Successor Agency Private Purpose Trust Fund.
From: Ezell, Justin <[email protected]>
Sent: Tuesday, June 6, 2023 12:40 PM
To: Barone, Valerie <[email protected]>; McAuley, Wendy <[email protected]>
Subject: FW: Treasurer's Report question
This email is being shared with all Councilmembers.
Councilmember Nakamura,
Please see below response to your question regarding the treasurers report.
Regards,
-Justin
Justin Ezell
Assistant City Manager
City of Concord
(925) 671-3155
[email protected]
Sign up here to subscribe to our City News updates
From: Reid, Karan <[email protected]>
Sent: Tuesday, June 6, 2023 12:18 PM
To: Ezell, Justin <[email protected]>
Subject: RE: Treasurer's Report question
Hi Justin,
The City’s Investment Policy language, as shown in the quotes in Council Member Nakamura’s email below, requires that municipal obligations be rated “A” or the equivalent or better by just one NRSRO. While the securities noted below, New York State Urban Development Corp and San Juan Unified School District CA, are not rated by S&P, they are rated by other NRSROs. New York State Urban Development Corp is rated AA by Fitch Ratings and San Juan Unified School District CA is rated Aa by Moody’s Investor Services; both Moody’s and Fitch are NRSROs. Both of these securities are in compliance with the City’s Investment Policy and with California Government Code.
Let me know if there are any additional questions.
Thanks,
Karan
Karan Reid
Benched Correspondence
Agenda Item No. 8.b
June 6, 2023
Director of Finance
City of Concord
[email protected]
925.671.3192
From: Nakamura, Laura <[email protected]> Sent: Tuesday, June 6, 2023 10:22 AM
To: Ezell, Justin <[email protected]>
Subject: Treasurer's Report question
Justin,
I have a question about the Treasurer’s Report. Under our Municipal Obligations, we have two that are listed as NR by S&P (New York State Urban Development Corp. and San Juan Unified School District CA).
If I’m understanding our investment policy correctly, in sections 8.3 and 8.4, “These securities shall be rated in a ratings category of “A” or its equivalent or better by a nationally recognized statistical-rating organization (NRSRO)” –
How are these two issuers rated so that they meet the guidelines of our policy? Are there other ratings that we also use?
Thanks,
Laura
Laura Nakamura (She/her/hers)
City Councilmember, District 5
Office 925-671-3158
Mobile 925-338-1259
Web www.cityofconcord.org
1950 Parkside Drive, MS/01
Concord, CA 94519
Staff Report
Date: June 6, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director of Public Works
Prepared by: Craig Blythe, Administrative Services Manager [email protected]
(925) 671-3141
Subject: Considering authorization for Staff to purchase four Ford F- series heavy duty trucks and two Ford F-150 Hybrid trucks in the amount not to exceed $700,000 (Annual Vehicle
Replacement Fund).
Report in Brief
Considering authorization for Staff to purchase five replacement vehicles and a new vehicle, two of the vehicles will be hybrid.
Recommended Action
Authorize Staff to purchase four Ford F-series heavy-duty trucks and two Ford F-150 Hybrid trucks.
Background
Each vehicle or piece of equipment in the City’s equipment fleet is projected to be replaced after 6-15 years of use depending on the type, role, and use level of the equipment. The City’s Administrative Services Manager evaluates the condition of vehicles and equipment prior to replacement to ensure that those still having useful life are not prematurely replaced.
Replacement of aging vehicles is an on-going effort to sustain fleet reliability and maintainability. Proactively replacing vehicles and equipment at the end of their useful life saves the City money, helps maintain daily operations, reduces out-of-commission time, improves appearance, and helps ensure safety.
8.c8.c
City Council Agenda Report
Agenda Item No. 8.c
June 6, 2023
Analysis
Staff evaluates vehicle options based on performance, maintenance needs, market availability, and cost. For example, police patrol vehicles must be pursuit-rated, and utility trucks must meet weight/towing requirements. Staff evaluates hybrid and electric vehicle options with each replacement vehicle purchase.
The units being replaced are one Ford Super-Duty dump body truck, two dump trucks, and two Ford Expeditions. One of the Ford Super-Duty trucks being requested is a new fleet add and was approved as a budget line item during the biennial budget update and adoption on April 4, 2023. These heavy duty trucks are used in the Parks Maintenance and Infrastructure divisions to support Department of Public Works operations. The vehicles being replaced have reached their end of life in all three categories of measurement: age, meter, and maintenance costs and are no longer economical to maintain.
The two Ford Expeditions are being replaced with Ford Hybrid F-150s. The Ford Hybrid F-150 was selected to replace two Ford Expedition SUVs in Police Administration. The hybrid F-150 was selected due to price, availability, and operational characteristics of the vehicle.
New vehicles are more economical to maintain, safer to operate, and more fuel efficient.
The replacement trucks will be equipped with a standard lighting package consisting of four corner strobes, light bar, and safety features enhancing driver feedback to potential dangers to ensure safe operation during daily operations. Safety features include rear- parking sensors, reverse sensing system with reverse brake assist, and cross-traffic alert.
There is a small stock of Ford trucks in dealership inventory that Staff is requesting authorization to purchase. Staff is requesting authorization to purchase the vehicles and will follow the City municipal Code Chapter 3.10, Purchasing.
F-Series Truck-Dump Body-$86,360.78 includes sales tax
The F-Series truck with a dump body is to be used the Department of Public Works. The purchase of a 2022 model year dump body vehicle was previously authorized December 13, 2022. However, the vehicle was no longer available for purchase after authorization was received. The vehicle being requested to purchase now exceeds the previously approved purchase amount by $6,000 and requires reauthorization from Council.
City Council Agenda Report
Agenda Item No. 8.c
June 6, 2023
F-Series Truck-Specialized Vehicle - $250,000 includes sales tax The F-Series truck is to be used by the new Maintenance Response Team in the Department of Public Works. This request is for the specialized vehicle City Council approved as a budget line item at the FY22-23 biennial budget update and adoption on April 4, 2023. The specialized vehicle will consist of a heavy-duty truck, service body that will hold a generator, pressure washer, tools, and equipment, and will have a dump body for easy disposal of recovered debris.
(2) F-Series Dump Trucks- $109,477 each ($218,954 total) includes sales tax These dump trucks are in to be used in the Department of Public Works. Fleet currently has two dump trucks ranging in age 2002 to 2003. The dump trucks are used for picking up tree debris, green waste, delivering planting materials, sand, dirt, and asphalt. The diesel engines have aged out of CARB regulations and must be replaced with cleaner and more efficient diesel trucks.
(2) F-150 Hybrid Trucks-$69,000 each ($138,000 total) includes sales tax These trucks are to be used in the Police Department. Police Department Command Staff will use the trucks. The F-150 hybrid truck will replace older, inefficient, and larger SUVs. The F-150 hybrid is a more cost effective alternative to a full gas sport utility vehicle currently in service.
Procurement Process
Staff will follow the City Municipal Code Chapter 3.10, Purchasing.
Financial Impact
Funding to purchase replacement vehicles is included in the Annual Vehicle Replacement fund.
Public Contact
The City Council Agenda was posted.
From: Ezell, Justin <[email protected]>
Sent: Tuesday, June 6, 2023 8:18 AM
To: Barone, Valerie <[email protected]>; McAuley, Wendy <[email protected]>
Subject: FW: Question about item 8c
This email is being shared with all Councilmembers.
Councilmember Obringer,
Below is the information you requested for Item 8.c.
Regards,
-Justin
Justin Ezell
Assistant City Manager
City of Concord
(925) 671-3155
[email protected]
Sign up here to subscribe to our City News updates
From: Blythe, Craig <[email protected]>
Sent: Tuesday, June 6, 2023 7:58 AM
To: Ezell, Justin <[email protected]>
Cc: Tarbox, William <[email protected]>
Subject: RE: Question about item 8c
Hi Justin,
Staff evaluates hybrid and electric vehicle options with each replacement vehicle purchase. Currently, there are no heavy duty hybrid or electric vehicle options available that meet the performance needs of our operation. The heavy duty trucks are equipped with diesel engines. The two F-150 trucks are equipped with hybrid engines.
Not only are the diesel engines in newer vehicles cleaner and more efficient, the City implemented a “clean diesel” program in 2020 which burns 75% cleaner than petroleum based diesel and is estimated to reduce greenhouse gases by 180 tons of CO₂ equivalent (tCO₂eq) annually.
The following table provides a summary of the vehicles and engine type:
Benched Correspondence
Agenda Item No. 8.c
June 6, 2023
Thank you,
Craig Blythe
Administration and Fleet Services Manager | Public Works City of Concord |www.cityofconcord.org
1455 Gasoline Alley, Concord, CA 94520
(925) 671-3141 | [email protected]
From: Obringer, Carlyn <[email protected]> Sent: Monday, June 5, 2023 3:27 PM
To: Ezell, Justin <[email protected]>; Barone, Valerie <[email protected]> Cc: Tim Carr <[email protected]>
Subject: Question about item 8c
Hi Justin and Valerie,
Could you clarify which of the vehicles proposed for purchase will run on diesel? It is hard to tell from the staff report.
Best Regards,
Carlyn
Carlyn Obringer
City Councilmember, District 2
City of Concord
Staff Report
Date: June 6, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Andrea Moreira, Senior Administrative Analyst [email protected]
(925) 671-3059
Subject: Considering the adoption of a Resolution Adopting a List of Projects for Fiscal Year 2023-24 Funded by SB 1: The Road Repair and Accountability Act of 2017.
CEQA: Not a project/exempt pursuant to CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15273, and/or 15378.
Report in Brief
On April 28, 2017, the Governor signed Senate Bill (SB) 1, which is known as the Road Repair and Accountability Act of 2017. SB1 was passed by the legislature as a means of providing additional funding for basic road maintenance, rehabilitation, and critical safety needs on both state highways and local streets and road systems. SB 1 increases per gallon fuel excise taxes, diesel fuel excise taxes, and vehicle registration fees and provides for adjustments for inflation in future years.
Prior to receiving Road Maintenance and Rehabilitation Act (RMRA) funds for each fiscal year, Concord must submit to the California Transportation Commission (CTC) a list of projects proposed to be funded with the RMRA funds. The CTC has set July 1, 2023, as the deadline for cities to submit their FY2023/24 list of projects for RMRA funding. Concord is anticipated to receive approximately $3,103,848 in FY 2023-24.
The staff has identified the following Capital Improvement Program (CIP) project for the $3,103,848 in RMRA funding for this year, Treat Boulevard Pavement Rehabilitation
8.d8.d8.d
City Council Agenda Report
Agenda Item No. 8.d
June 6, 2023
Phase 2 (Project No. 2559). Projects for future years’ funding will be presented to Council annually in June of each fiscal year.
Recommended Action
Adopt the attached Resolution adopting a list of projects for Fiscal Year 2023-24 funded by SB 1: The Road Repair and Accountability Act of 2017. (Attachment 1) Background
On April 28, 2017, the Governor signed Senate Bill (SB) 1, which is known as the Road Repair and Accountability Act of 2017. SB 1 provides additional funding for basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road systems. The funding program is administered by the CTC in partnership with the State Controller. Funding for the program is provided from the following sources:
An additional 12 cents per gallon increase to the gasoline excise tax effective November 1, 2017.
An additional 20 cent per gallon increase to the diesel fuel excise tax effective November 1, 2017.
An additional vehicle registration tax called the “Transportation Improvement Fee” with rates based on the value of the motor vehicle effective January 1, 2018.
An additional $100 vehicle registration tax on zero emissions (ZEV) vehicles of model year 2020 or later effective July 1, 2020.
Annual rate increases to these taxes beginning on July 1, 2020 (July 1, 2021, for the ZEV fee) and every July 1st thereafter equal to the change in the California Consumer Price Index (CPI).
SB 1 specifies that 50 percent of the balance of revenues deposited into the RMRA, after certain funding is set aside for various programs, will be continuously appropriated for apportionment to cities and counties by the Controller. The Controller will deposit various portions of funding into the Road Maintenance and Rehabilitation Account (RMRA). A percentage of the RMRA funding will be apportioned by formula to eligible cities and counties pursuant to the Streets and Highways Code for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system.
It should be noted that the City of Concord (City) contracts directly with the State Controller’s Office (SCO) each year to prepare the “Annual Street Report”. During that process, the SCO reviews and confirms that the City has met its RMRA Maintenance of Effort (MOE) requirement. The City’s SCO FY21/22 Annual Street Report, completed on
City Council Agenda Report
Agenda Item No. 8.d
June 6, 2023
October 19, 2022, verified that the City met its required FY21/22 RMRA MOE, as the City has done for every year since the inception of the RMRA funding program.
Based on statewide revenue estimates by the California Department of Finance (DOF) released with the Governor's Proposed 2023-24 State Budget in January, current fund estimates, provided by the League of California Cities as of January 2023, indicate that the City of Concord will be eligible to receive approximately $3,103,848 in FY 2023-24.
To be eligible to receive RMRA funding, cities and counties must prepare and submit a project list to the CTC pursuant to the requirements of SHC Section 2034(a)(1), which in turn must be included in a list of eligible entities submitted by the Commission to the State Controller. Each city or county submitting a project list must provide a public record which documents those proposed projects.
The CTC has set July 1, 2023, as the deadline for cities and counties to submit their list of projects for RMRA funding this fiscal year. The project list must include a description, location, proposed schedule, estimated cost, and an estimated useful life of the improvements. The CTC will take action on the initial list at their regularly scheduled meeting in August 2023, and forward the approved list to the Controller no later than August 31, 2023. Funds for FY 2023-24 are expected to be distributed in September 2023.
Analysis
To assure that the City of Concord is eligible to receive RMRA funds, Engineering staff will rely on the 5-Year Pavement Expenditure Plan (5-Year Plan) recommendations for street pavement projects. These projects were selected based on the recommendation of the 5-Year Plan as the next project for funding.
The following proposed project will be funded in part with fiscal year 23-24 Road Maintenance and Rehabilitation Account revenues:
Treat Blvd Pavement Rehabilitation – Phase 2 (PJ 2559)
The Treat Boulevard Pavement Rehabilitation Project – Phase 1 (Project No. 2559) will involve robust pavement rehabilitation on Treat Boulevard, from Walnut Creek City limits to San Miguel Road. The pavement rehabilitation will involve a process called full-depth reclamation (FDR), where cement is mixed with the underlying soils prior to asphalt paving to provide a strong, long-lasting base for the roadway. In addition to the FDR pavement rehabilitation, the project involves the installation of curb ramps at intersections to meet accessibility standards, sidewalk, curb, and gutter repairs, traffic control, potholing, utility cover adjustments, restriping, fiber optic conduit installation, and some sidewalk tree replacements. Phase 1 construction began in May 2023 with completion by October 2023, weather permitting. The current total project budget (including design for both phases, construction, and construction management of
City Council Agenda Report
Agenda Item No. 8.d
June 6, 2023
Phase 1) is $9.47 million. City Council awarded the construction contract for Phase 1 to Bay Cities Paving & Grading on April 4, 2023.
Phase 2 of the Treat Boulevard Pavement Rehabilitation Project, from San Miguel Road to Clayton Road, is currently in design and is expected to begin construction in Spring 2024. Phase 2 will involve a lighter pavement rehabilitation than Phase 1, curb ramp upgrades, the addition of buffered bike lanes where feasible, and landscaping work on the median between San Miguel Road and Cowell Road. An additional $5.68 million is expected to be allocated for Phase 2’s construction for FY 23/24.
Project Schedule
Project Schedule (Phase 1)
Design: Complete
Construction: May 2023 - October 2023
Project Schedule (Phase 2)
Design: January 2023 – November 2023
Construction: April 2024 – October 2024
Financial Impact
SB 1 will provide RMRA funds totaling approximately $3,103,848 in FY 2023-24. RMRA funds are supplemental to current City funding sources.
Environmental Determination
Council action on this item is exempt from California Environmental Quality Act (CEQA) review as the approval of a project listing and budget amendment are not activities that constitute a "project" within the meaning of CEQA Guidelines Sections 15060(c)(2), 15273, and/or 15378; if this were determined to be a “project” for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). No unusual circumstances are present. None of the exceptions under CEQA Guidelines Section 15300.2 are present. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.
Public Contact
The City Council Agenda was posted.
Attachments
1. Resolution adopting a list of projects for Fiscal Year 2023-24 funded by SB 1:
The Road Repair and Accountability Act of 2017
2. Proposed Project Budget Sheet
Res. No. 23-XX 1
BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Adopting a List of Projects for Fiscal
Year 2023-24 Funded by SB 1: The Road Repair and
Accountability Act of 2017
Resolution No. 23-XX
/
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statues of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of all projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City will receive an estimated $3,103,848 million in RMRA funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS, this is the seventh year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our 5-year pavement management plan to identify the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and Attachment 1
Res. No. 23-XX 2
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate 1 street/road add active transportation infrastructure throughout the City this year and many similar projects into the future; and
WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in a fair condition and this revenue will help us improve the overall quality of our road system over the next decade; and WHEREAS, modernizing the local street and road system is also critical for interconnectivity, multimodal needs, commerce; and
WHEREAS, police, fire, and emergency medical services all need safe, reliable roads to react quickly to emergency calls and a few minutes of delay can be a matter of life and death; and WHEREAS, maintaining and preserving the local street and road system in good condition will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing, which leads to reduced vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals; and WHEREAS, restoring roads before they fail also reduces construction time which results in less air pollution from heavy equipment and less water pollution from site run-off; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials, and practices, will have significant, positive co-benefits statewide.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:
Section 1. All of the facts set forth in the foregoing recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.
Section 2. Council action on this item is exempt from California Environmental Quality Act (CEQA) review as the approval of a project listing and budget amendment are not activities that constitute a "project" within the meaning of CEQA Guidelines Sections 15060(c)(2), 15723, and/or 15378; if this were determined to be a “project” for CEQA analysis, this activity falls within the
Res. No. 23-XX 3
"Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). No unusual circumstances are present. None of the exceptions under CEQA Guidelines Section 15300.2 are present. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.
Section 3. The Fiscal Year 2023-24 SB 1 list of projects planned to be funded with Road Maintenance and Rehabilitation Account revenues:
a. Treat Blvd Pavement Rehabilitation Phase 2 (PJ 2559). The Treat Boulevard Pavement Rehabilitation Project Phase 2, from San Miguel Road to Clayton Road, is currently in design and is expected to begin construction in Spring 2024. Phase 2 will involve a light pavement rehabilitation consisting of either mill & fill or cold in-place recycling (CIR), curb ramp upgrades, the addition of buffered bike lanes where feasible, and landscaping work on the median between San Miguel Road and Cowell Road. The estimated project cost is approximately $5,680,000, and the estimated useful life of the pavement rehabilitation is between 10–15 years. This project is anticipated for construction in April 2024 through November 2024.
Section 4. This resolution shall become effective immediately upon its passage and adoption. //
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Res. No. 23-XX 4
PASSED AND ADOPTED by the City Council of the City of Concord on June 6, 2023, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers –
I HEREBY CERTIFY that the foregoing Resolution No. 23-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on June 6, 2023.
Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
Susanne Meyer Brown
City Attorney
Capital Improvements Project 2022-2023City of Concord
Number: 2559
Title: Treat Boulevard Pavement Rehabilitation
Manager: Kevin Wheat
Proposed By: CDD - Engineering
Classification: TIP-Local Streets and Roads
Location: Treat Blvd from City Limits to Clayton Rd
Begin Date: 7/1/2022
Completion Date: 12/1/2024
Related Projects: Treat Boulevard Fiber Design & Build - 2656 Description: This project will consist of pavement rehabilitation of Treat Blvd from the city limits at City of Walnut Creek to Clayton Rd. The street segments in the project area have a Pavement Condition Index (PCI) in the 30-50 range with pavement rehabilitation as the appropriate treatment. Pavement treatments include mill-and-fill, cold-in-place recycling (CIR), and Full-Depth Reclamation (FDR). The project has been split into two phasses.
Phase 1, being constructed this year, is from Walnut Creek City Limits to San Miguel Road. Phase 2, to be constructed in 2024, is from San Miguel Road to Clayton Road.
Pertinent
Issues:
Staff implements the City of Concord’s Pavement Maintenance Program (PMP) to ensure equal distribution of pavement maintenance funds, by dividing the City into five geographical areas (Zones
1-5). Based on this system, the City assesses all of the arterial and collector streets on a bi- annual basis, and assesses the residential streets at least once every 5 years.
This project is selected for treatment as referred to in the Five-Year Pavement Expenditure Plan.
May 08, 2023 08:13 AM Capital Improvements Project 2022-2023 Page 1 Attachment 2
Capital Improvements Project 2022-2023City of Concord
Description
Prior
Allocation
Prior
Expend.
Carry-
over
FY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.
FY 27-28
to 31-32
Est.
Project
Grand
Total
000 74500-000 Design Engineering 800,000 800,000 800,000 800,000 000 74650-000 Environmental Costs 1,000 1,000 1,000 1,000 000 75000-000 Preliminary Engineering 730,000 730,000 730,000 730,000 000 75050-000 Project Administration 40,000 40,000 40,000 40,000 000 75100-000 Project Management 9,000 9,000 9,000 9,000 000 75150-000 Property Acquisition 20,000 20,000 20,000 20,000 407 63300-000 Advertising And Promotion 647 (647) (647) 407 74500-000 Design Engineering 79,802 (79,802) (79,802) Total: 1,600,000 106,171 1,493,829 5,270,000 5,680,000 12,443,829 12,550,000 May 08, 2023 08:13 AM Capital Improvements Project 2022-2023 Page 2 FY 27-28
to 31-32
Est.
Project
Grand
Total
Prior
Allocation
Prior
Expend.
Carry-
over
FY 22-23
New
FY 23-24
New
Avail.
Total
FY 24-25
Est.
FY 25-26
Est.
FY 26-27
Est.Description
Funding Sources
266 State Gas Tax SB1 (RMRA) 3,103,848 3,103,848 3,103,848 407 2021 Debt Issuance (Measure V) 1,600,000 106,171 1,493,829 7,870,000 3,257,000 12,620,829 12,727,000 Total: 1,600,000 106,171 1,493,829 7,870,000 6,360,848 15,724,677 15,830,848 Project Expenditures
407 Salaries & Benefits 25,722 (25,722) (25,722)
000 63700-000 Contingency
000 74200-000 Construction 4,720,000 5,100,000 9,820,000 9,820,000 000 74250-000 Construction Engineering 550,000 580,000 1,130,000 1,130,000
Staff Report
Date: June 6, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Tianjun Cao, PE, Associate Civil Engineer
[email protected]
(925) 671-3243
Subject: Considering:
1. Approval of a Professional Services Agreement in the amount of $450,000 to SZS Engineering Access, Inc. for the Americans with Disabilities Act (ADA) Transition Plan Update (Project No. 2377); and authorizing the City Manager to execute the agreement in a form acceptable to the City
Attorney; and
2. Approval of budget transfers to the ADA Transition Plan Update (Project No. 2377) in the amounts of $200,000 from Pavement Maintenance Zone 5L (Project No. 2563) and $19,000 from Citywide Accessibility Improvements No. 8 (Project No. 2519) to fully fund the Professional Services Agreement and City staff time. (Funded by State Gas Tax, Measure V and Measure J Local Funds)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065 and/or 21080.19, Guidelines Sections 15060(c)(2), 15060(c)(3), 15061(b)(2), 15061(b)(3), 15262, 15273, and/or 15378.
8.e8.e8.e8.e
City Council Agenda Report
Agenda Item No. 8.e
June 6, 2023
Report in Brief
The City of Concord’s (City) current Americans with Disabilities Act (ADA) Transition Plan, adopted in 2009, is in need of an update. The ADA Transition Plan Update (Project No. 2377) will update the current plan over a course of approximately two years, with final adoption anticipated in 2025.
The plan update will cover scope ranging from updating processes and procedures described in the existing plan, re-evaluating all City facilities and Parks, re-evaluating sidewalks and curb ramps within City right-of-way, providing training to City staff (Staff) regarding ADA policies, and evaluating City digital infrastructure such as websites.
Recommended Action
1. Approve a Professional Services Agreement in the amount of $450,000 to SZS Engineering Access, Inc. for the Americans with Disabilities Act (ADA) Transition Plan Update (Project No. 2377); authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report; and
2. Approve budget transfers to the ADA Transition Plan Update (Project No. 2377) in the amounts of $200,000 from Pavement Maintenance Zone 5L (Project No. 2563) and $19,000 from Citywide Accessibility Improvements No. 8 (Project No. 2519) to fully fund the Professional Services Agreement and City staff time and make the CEQA determinations as provided in this staff report.
Background
The Americans with Disabilities Act (ADA), enacted by the Federal Government in 1990, states that a public entity must reasonably modify its policies, practices, or procedures to avoid discrimination against people with disabilities. Under Title II of the ADA, a Self- Evaluation and Transition Plan generated by the City is a requirement. The City adopted the original ADA Transition Plan in 1992/1993 and performed a Self-Evaluation and Transition Plan update (SETP) in 2009. The SETP was to be used as guidance for the City to help prioritize policies, services, procedures, and infrastructure projects. The 2009 SETP has not been updated on a consistent basis and is considered outdated from both an infrastructure inventory perspective and a policies/procedures perspective due to updates to the ADA since 2009.
Although another update is not required by Federal law, it is good practice for the City to maintain a document that is relevant to the current landscape of the ADA while also creating a document and data that can assist Staff in accessibility related decisions for years to come. The ultimate goal of this update is to be able to keep the Transition Plan as a living document that is updated on an annual basis, especially for infrastructure projects. This update will also introduce the inclusion of digital accessibility that was not thoroughly discussed in the ADA in 2009. An extensive scope of work within this update is field investigations of City facilities, Parks, and path of travel within City right-of-way.
City Council Agenda Report
Agenda Item No. 8.e
June 6, 2023
The goal with the new data collected from this update is to fully incorporate it into City software, such as GIS, that can be accessed and maintained by various departments within the City. With this update the City can show the residents of Concord that the City is committed to making strides to creating an inclusive environment for all.
Analysis
A general overview of the process that will be implemented in the SETP update is as follows:
Hold initial public outreach meeting to notify residents of the upcoming update process and to receive initial feedback
Field investigation and evaluation of City infrastructure, including digital infrastructure. Self-evaluation of City processes and procedures Follow-up public outreach meeting to discuss field investigation findings and collect resident priorities for facility and barrier remediation Update language within existing SETP and begin prioritization of facility and barrier remediation
Public outreach meeting to discuss proposed facility and barrier remediation prioritization
Generate draft SETP
Public outreach meeting to present draft SETP for comment Present draft SETP to Infrastructure and Franchise (I&F) Committee Finalize SETP, with consideration of comments received from the public and I&F City Council adoption of the final SETP
The overall SETP process is anticipated to be completed by 2025.
Procurement Process
Staff issued a Request for Proposal (RFP) to select a consultant on January 26, 2023.
The RFP was advertised in the local newspaper and on the City’s Procurement Website. Four (4) proposals were received, which were reviewed and ranked by the selection committee.
Based on the analysis of the proposals, interviews, and references, SZS Engineering Access, Inc. (SZS) of Palo Alto, CA was selected as the most qualified firm to assist the City with Project No. 2377 (Project). Staff and SZS negotiated the scope of work and cost for the services and agreed upon $450,000 as a fair and reasonable compensation for the services needed.
City Council Agenda Report
Agenda Item No. 8.e
June 6, 2023
Financial Impact
The current total budget in the Project is $260,844 and is funded by Measure V (Funds 401 and 407), State Gas Tax (Fund 260), and Measure J Local (Fund 475) funds.
Budget transfers in the total amount of $219,000 from Projects Nos. 2563 and 2519 are needed to fully fund the Professional Services Agreement and Staff time, resulting in a revised total budget of $479,844. Citywide Accessibility Improvements No. 8 (Project No. 2519) is a completed project, the warranty period is complete, and the remaining funds are available. Pavement Maintenance Zone 5L (Project No. 2563) is an active project but has remaining funds that are available due to bids received lower than anticipated as part of a larger overall project, the Residential Pavement Maintenance Phase A Project.
Environmental Determination
Pursuant to Public Resources Code Section 21065 and/or 21080.19, CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), 15061(b)(2), 15061(b)(3), 15262, 15273, and/or 15378, award of this agreement is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it does not constitute a “project”, does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, involves only feasibility and planning for possible future actions and will not result in a direct or reasonable foreseeable indirect physical change in the environment, and in the alternative is exempt from CEQA. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis.
Public Contact
The City Council Agenda was posted.
Attachments
1. Professional Services Agreement with SZS Engineering Access, Inc., with Exhibit A – Fee Proposal
AGREEMENT FOR PROFESSIONAL SERVICES
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28 THIS AGREEMENT (“Agreement”) is entered into on June 6, 2023, between the City of Concord (“CITY”) and SZS Engineering Access, Inc., 3000 El Camino Real, Building 4, Suite 200, Palo Alto, CA 94306 (“CONSULTANT”).
THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings, and intentions:
The CITY desires to contract with CONSULTANT to provide the professional services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:
1. TERM. This Agreement shall commence on June 6, 2023, and expire on June 30, 2024.
2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall provide consulting services for ADA Transition Plan Update (Project No. 2377) described in detail in Exhibit A, a proposal from SZS Engineering Access, Inc., dated May 4, 2023, attached hereto and made a part hereof. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.
3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount CITY pays CONSULTANT exceed four-hundred fifty- thousand dollars ($450,000.00) for the term of this Agreement. Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.
CONSULTANT may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period. It is intended that CITY review such statement and pay CONSULTANT for services rendered within 30 days of receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.
4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent Attachment 1
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28 CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Carlton Thompson, City Engineer of the Community Development Department. The CONSULTANT’s authorized representative is Syroun Z.
Sanossian, Principal.
5. AMENDMENT TO AGREEMENT. This Agreement may be amended in writing, subject to approval by both parties. If additional services are requested by CITY other than as described in the above Scope of Services, this Agreement may be amended, modified, or changed by the parties subject to mutual consent and in accordance with the CITY’s Municipal Code by execution of an Amendment by authorized representatives of both parties setting forth the additional scope of services to be performed, the performance time schedule, and the compensation for such services.
A. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including amendments providing for additional compensation to CONSULTANT not to exceed the Minimum Threshold, including the base contract amount, throughout the term of this Agreement. “Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21-43 pursuant to Concord Municipal Code Section
3.10.040(a). The Minimum Threshold for Fiscal Year 2022-23 is $80,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council. CONSULTANT’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Work shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum merit, or similar relief.
6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONSULTANT, its agents, employers and subcontractors are and shall at all times remain as to the CITY wholly independent contractors. Neither the CITY nor any of its officers or employees shall have
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28 any control over the manner by which the CONSULTANT performs this Agreement and shall only dictate the results of the performance. CONSULTANT shall not represent that CONSULTANT, or its agents, employees or subcontractors are agents or employees of the CITY, and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.
As an independent contractor, CONSULTANT shall not be eligible for any benefits, which the City may provide to its employees and all persons, if any, hired by CONSULTANT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non- standard business hours, such as in the evenings or on weekends. CONSULTANT shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONSULTANT shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. CONSULTANT shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by CONSULTANT.
7. STANDARD OF PERFORMANCE. CONSULTANT represents and warrants to CITY that CONSULTANT is skilled and able to provide such services described in the Scope of Work and that such services shall be performed in an expeditious manner, and with the degree of skill and care that is required by current, good, and sound procedures and practices. CONSULTANT further agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.
8. PERFORMANCE BY CONSULTANT. CONSULTANT shall not employ other consultants, subconsultants, experts, or contractors without the prior written approval of the CITY.
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28 Notwithstanding the foregoing, CITY shall not be obligated or liable for payment hereunder to any party other than the CONSULTANT. CONSULTANT hereby designates the CONSULTANT’S representative as the person primarily responsible for the day-to-day performance of CONSULTANT'S work under this Agreement. CONSULTANT shall not change the CONSULTANT’S representative without the prior written consent of the CITY. Unless otherwise expressly agreed by the CITY, CONSULTANT'S representative shall remain responsible for the quality and timeliness of performance of the services, notwithstanding any permitted or approved delegation hereunder.
9. OWNERSHIP AND MAINTENANCE OF DOCUMENTS. All documents furnished by CONSULTANT pursuant to this Agreement are instruments of CONSULTANT’s services in respect to this project. They are not intended nor are represented to be suitable for reuse by others except CITY on extensions of this project or on any other project. Any reuse without specific written verification and adoption by CONSULTANT for the specific purposes intended will be at user’s sole risk and without liability or legal exposure and expenses to CONSULTANT, including attorney’s fees arising out of such unauthorized reuse.
CONSULTANT’s records, documents, calculations, and all other instruments of service pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the right to specify the file format that electronic document deliverables are presented to the CITY.
Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the CONSULTANT under the Agreement shall be vested in the CITY, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the CITY. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to the CITY without restriction or limitations on their use. CONSULTANT may retain copies of the above-described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of CITY during the term of this Agreement, unless required by law.
10. INDEMNIFICATION.
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28 A. For Design Professional Services Only. Pursuant to California Civil Code Section 2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, agents, employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of this Agreement. The CONSULTANT will reimburse the CITY for any expenditures, including reasonable attorney fees, incurred by the CITY in defending against claims ultimately determined to arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
B. For All Other Services. CONSULTANT agrees to defend, indemnify and hold harmless the CITY (including its officers, officials, employees, agents and volunteers) from and against all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. This indemnification obligation on CONSULTANT’s part shall not apply to the demands, actions, losses, damages, injuries, and liability arising out of the sole negligence or willful misconduct on the part of the CITY.
11. INSURANCE. CONSULTANT shall, at its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance:
A. Commercial General Liability Coverage. CONSULTANT shall maintain commercial general liability insurance with limits of no less than one million dollars ($1,000,000) combined single limit per occurrence or two million dollars ($2,000,000) aggregate limit for bodily injury, personal injury, and property damage.
B. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one million dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.
C. Professional Liability Coverage (Errors and Omissions). CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions
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28 committed by CONSULTANT, its agents and employees in the performance of this Agreement. The amount of this insurance shall be not less than one million dollars ($1,000,000) on a claims-made annual aggregate basis or a combined single limit per occurrence basis.
D. Compliance with State Workers' Compensation Requirements.
CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq. CONSULTANT shall, at all times, upon demand of the City, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by CONSULTANT for CITY. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.
E. Other Insurance Provisions. The policies are to contain, or be endorsed to contain the following provisions:
(1) Additional Insured. CITY, its officers, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of CONSULTANT and operations of CONSULTANT, premises owned, occupied, or used by CONSULTANT. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, employees, or volunteers.
Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer. (2) Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.
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28 (3) Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, employees, or volunteers.
(4) Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement.
The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The aforementioned policies shall be issued by an insurance carrier having a rating of Best A-7 or better which is satisfactory to the City Attorney and shall be delivered to CITY at the time of the execution of this Agreement or before work commences. Such policies and certificates shall be in a form approved by the City Attorney. CITY reserves the right to require complete certified copies of all required insurance policies at any time.
12. TIME OF PERFORMANCE. The time of performance of the services under this Agreement is of the essence, and all time-deadlines identified in this Agreement or Scope of Services shall be strictly construed.
13. SUSPENSION OF WORK. CITY may, at any time, by ten (10) days’ written notice, suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONSULTANT shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONSULTANT shall not receive any payment for services, or expenses, except for reasonable administration expenses, incurred by CONSULTANT by reason of such suspension.
14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT shall promptly deliver to the CITY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services
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28 performed as of the effective date of the termination.
15. COMPLIANCE WITH CIVIL RIGHTS. During the performance of this contract, CONSULTANT agrees as follows:
A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.
B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.
C. Solicitations for Subcontractors including Procurement of Materials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by CONSULTANT for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notified by CONSULTANT of CONSULTANT’S obligation under this Agreement and the regulations relative to nondiscrimination on the grounds of race, religion, color, sex, or national origin.
16. CONFLICT OF INTEREST.
A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the CITY. CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.
B. CONSULTANT is not a designated employee within the meaning of the Political
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28 Reform Act because CONSULTANT:
(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY or of any CITY official, other than normal contract monitoring; and (2) Possesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)
17. COMPLIANCE WITH LAWS. CONSULTANT shall comply with all applicable Federal, State of California, and local laws, rules, and regulations and shall obtain all applicable licenses, including a business license with the City of Concord, and permits for the conduct of its business and the performance of the services. CONSULTANT shall ensure that all of its officers, employees, agents, and subcontractors who: (i) enter CITY premises in connection with the services to be performed by CONSULTANT hereunder, and/or (ii) have in-person contact with CITY officers, officials, employees, subcontractors, agents, and volunteers, and/or members of the public, in connection with the services to be performed by CONSULTANT hereunder, comply with all applicable Federal, State of California, Contra Costa County, and local laws, rules, and regulations, whichever is the most restrictive, regarding COVID-19 or similar public health matters, including regarding vaccinations, testing, reporting, social distancing, social gathering, mask wearing, and associated requirements.
18. CHOICE OF LAW. This Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Contra Costa, California.
19. NON-WAIVER. The waiver by either party of any breach of any term, covenant, or condition contained in the Agreement, or any default in their performance of any obligations under the Agreement shall not be deemed to be a waiver of any other breach or default of the same or any other term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default
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28 constitute a continuing waiver of same.
20. ENFORCEABILITY; INTERPRETATION. In the event that any of the provisions or portions of application of any of the provisions of the Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONSULTANT shall negotiate an equitable adjustment in the provisions of the Agreement with a view toward affecting the purpose of the Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of the Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of the Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort, and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.
21. INTEGRATION. All exhibits identified in this Agreement are attached hereto and incorporated herein by reference. The Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between CONSULTANT and CITY, whether oral or written.
22. SUCCESSORS AND ASSIGNS: NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE. CITY and CONSULTANT respectively, bind themselves, their successors, assigns, and legal representatives to the terms and obligations of this Agreement. CONSULTANT shall not assign or transfer any interest in the Agreement without the CITY's prior written consent, which consent shall be in the CITY’s sole discretion. Any attempted assignment or transfer in breach of this provision shall be void. This Agreement is not intended and shall not be construed to create any third- party benefit. This Agreement is not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.
23. FINANCIAL RECORDS. Records of CONSULTANT’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to CITY if and when required.
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28 24. NOTICES. All notices required hereunder shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or by personal delivery to the CITY's address as shown below, or such other places as CITY or CONSULTANT may, from time to time, respectively, designate in a written notice given to the other. Notice shall be deemed received three (3) days after the date of the mailing thereof or upon personal delivery.
To CITY: Carlton Thompson, City Engineer
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3182
Fax: (925) 798-8692
To CONSULTANT: Syroun Z. Sanossian
SZS Engineering Access, Inc.
3000 El Camino Real, Building 4, Suite 200
Palo Alto, CA 94306
Phone: (916) 669-8750
25. NON-LIABILITY. No member of the CITY and no other officer, employee or agent of the CITY shall be personally liable to CONSULTANT or otherwise in the event of any default or breach of the CITY, or for any amount which may become due to CONSULTANT or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.
26. EXECUTION . Each individual or entity executing this Agreement on behalf of CONSULTANT represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of CONSULTANT and that such execution is binding upon CONSULTANT.
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
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28 IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.
CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Syroun Z. Sanossian Name: Valerie Barone
Title: Principal Title City Manager
Address: 3000 El Camino Real, Building 4, Suite 200 Address: 1950 Parkside Drive Palo Alto CA, 94306 Concord, CA 94519
Telephone: (916) 669-8750 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:
Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
Date: _____________________________, 2023
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date: _____________________________, 2023
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2023/24 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $450,000.00
Account Code:
4079500C999-74500 / 4072377113-74500 = $200,000
4909500C999-74500 / 4902377113-74500 = $200,000
2609500C999-74500 / 2602377113-74500 = $24,844
4019500C999-74500 / 4012377113-74500 = $25,156
Finance Director's Signature
PRE PA RE D FO R :
SZ S E NG INE E RING ACCE SS , IN C .
3000
EL CAMINO REAL
BUILDING 4,
SUITE 200
PALO ALTO, CA 94306
S YROUN@SZ S . E N G I NE E RIN G
9 1 6 - 669-8750
FEE PROPOSAL
C I T Y O F CONCORD
CITY OF CONCORD ADA TRANSITION PLAN UPDATE
Exhibit A to Attachment 1
1 Bay Area Office
3000 El Camino Real
Building 4, Suite 200
Palo Alto, CA 94306
Tel: 866.694.7637
Fax: 888.211.7441
www.szs-engineering
May 4, 2023
City of Concord, California
Attn: Tianjun Cao, PE
1950 Parkside Drive MS/40
Concord, CA 94519
Email address: [email protected]
RE: FEE PROPOSAL – CITY OF CONCORD ADA TRANSITION PLAN UPDATE Dear Tianjun Cao,
We welcome this opportunity to submit a proposal to provide consulting services to update the City’s Americans with Disabilities Act (ADA ) Transition Plan, which was last updated in 200 9. SZS is local to the Bay Area with an office in Palo Alto, which allows our CASp inspectors to easily respond and per form the tasks to update the City ’s existing ADA Transition Plan.
This updated fee proposal has been adjusted with recomm endations from the City. The proposal is split into 2 phases with the Self -evaluation and facility assessments (buildings, parks and parking lots) taking place in phase 1 with an initial public outreach meeting. The second phase comprises the field assessments of the public rights-of-way, compiling and producing the overall Self-evaluation and Transition Plan, trainings, and additional public outreach meetings. SZS will work with the City to determine if additional cost saving options are available for phase 2 of the project such as utilizing the City ’s existing StreetSaver® data to identify potent ial barriers to access in the p ublic right-of- way.
List of Assumption:
The following assum ptions were made during the develop ment of the fee proposal and response to the request for proposals.
Public Rights-of-Way Assessments:
SZS carefully reviewed the RFP, 2009 Transition Plan, addendum, sample agreement and invoice.
Assumption 1: The City maintains approximately 310 centerline miles of pavement. For the purposes of this proposal the calculation to perform the field investigation within the public rights-of-way utilized the current total provided by City for a total of 310 miles. Per discussions, it is assumed that 30% of t he City’s rights-of-way has been or is planned to be altered through CIP and other projects between FY 2017/2018 to 2025/2026. These projects will not be reviewed under this plan and inst ead be manually entered to indicate that remediation has taken place within the Transition Plan.
2 Assumption 2: The City would like to have a complete re -assessment of the PROW, buildings, parks and recre ation areas, and parking facilities. SZS has developed an innovative method for developing an ADA Transition Plan for the PROW. Considering the fact that the Ci ty has GIS mapping capabilities and StreetSaver® data of the City street pavement conditions, an alternate cost saving method can be reviewed during phase 1 for implementation in phase 2 . This alternate method will start with a review of existing City data to determine if this option is feasible in lieu of a full inventory of the PROW while still producing a Plan that complies with US DOJ and Caltrans requirements.
Assumption 3: The City maintains 15 bus stops within the city limits which wil l be included in the assessment of the PROW if a full assessment is performed.
Public Outreach:
SZS proposes to prepare and hold 4 public meetings throughout the project. Outreach meetings will be held at t he start of the project, upon completion of t he field inspections to discuss the findings, during prioritization of facility and barrier remediation and finally to present the draft report to the public.
Training:
SZS will provide Training to City Staff on different topics to increase the City’s staff understanding of th e ADA regulations among other training modules as well as web site accessibility training. The proposed training modules include the following:
• ADA Title II Statues and Regulations (2hrs)
• ADA Customer Service (2hrs)
• ADA Access Compliance Remediation (Maintenance Staff) (2hrs) • Industry Standard Practice for Inspections (2hrs)
• Database Training (1-2hrs)
• Web Accessibility 101 (4hrs)
o Tech staff and developers
• Accessibility, Inclusion, and Universal Design (1.5hrs) o Management staff and content providers
Website Accessibility Testing/Audit Assumptions:
Delivery and pricing are based on the following assumptions:
• This estimate is based upon our current knowledge.
• Sample size is an estimate based on external viewing. We are happy to scale up or down based on C ity preference and greater understanding of page types and actual tasks.
• Travel costs for consultations, if required, will be billed separately. No travel costs are anticipated.
• Documents: PDF, MS Office and other documents posted on this site are included.
• Deliverables-Based Project: This is not an on -going retainer contract. Thi s is a deliverables–based project, i.e. after the audit re port documents and Q&A follow- up sessions are delivered, Knowbility is under no obligation to prov ide further technical support, remediation advice, or other accessibility consulting services.
Technical Support can be requested, see “Technical Support” below. • Technical Support: If the Client team need s assistance during remediation or
3 after the reports have been delivered, Knowbility can, upon request, provide on - going Help Desk consulting support. He lp Desk suppo rt includes answering questions on demand, pr oviding guidance on specific issues, confirmi ng your approach, spot testing, and providing alterna te solutions to address accessibility barriers. Help Desk support is billed at our standard rate of $185/hr or c an be Pre-Purchased at a discount rate of $170/hr. for a minimum of 10 hours. • Test Enviro nment – Access, Test Data and Stable Test Environment : It is understood and agreed upon that Client is responsible for ensuring Knowbility testers access to screens/pages to be reviewed, including a stable, unin terrupted test environment, working test data – URLs, login, passwords, test account numbers, test scripts and/or other test data required to perform accessibility and/or usability testing. Project delays or exp enses incurred as a result of an unstable, nonfunctional or inadequate test environment or test data, incomplete, inadequate or nonfunctional test scripts or test protocols are not the responsibility of Knowbility, Inc.
• Test Environment - Changes: It is u nderstood and agreed upon that Client will give a dvanced notice to Knowbility when changes are made to the test environment, test data, screens/pages to be tested, or when the test environment is inaccessible or unavailable (“down”) for maintenance or any other reason. • Changes in Scope: It is underst ood and agreed that actual scope, such as number of screens/pages to be tested, templates, additio nal revisions and/or testing (i.e. revisions or testing after one round) may vary from this estimate . Any changes in scope, rates or charges are subject to mu tual agreement and an executed amendment to t his statement of work. Based on specific information to be acquired or provided by Client as the project unfolds, charges will be adjusted accordingly using the rates and labor estimates in the table above as th e basis. If additional templates, testing, te chnical or consulting services are added by Client, charges will be adjusted accordingly using the rates and labor estimates in the table above as the basis.
• Re-Testing: Knowbility will perform one (1) complet e re -test of the web screens/pages cited in t he original audit for an additional fee of one -half the cost of the initial round of testing. If the web screens/pages are found to be free of accessibility errors/vi olations and no accessibility barriers are pr esent, then Knowbility will, upon customer re quest, issue a statement of compliance, confirming an d validating that no accessibility errors exist in those web screens/pages at the time of re-testing. After one complete re-test, any further re- testing will be charged at the standard rate of $185 per hour.
Please contact me with any questions you may have. We look forward to working with you and your team at the City of Concord, CA.
Sincerely,
Syroun Z. Sanossian, Principal
SZS Engineering Access, Inc.
City of Concord
Community Development Department
Consulting Services for Americans with Disabilities Act (ADA) Transition Plan Update Fee Proposal - SZS Engineering Accessing, Inc.
Principal/Senior Project Manager 200.00$
Policy & Practice Specialist 200.00$
Web Accessibility Specialist 185.00$
Project Manager 180.00$
Project Coordinator 160.00$
GIS Analyst 160.00$
Field Investigators 130.00$
Technical Staff 80.00$
Fees indicated below shall be considered not to exceed amounts.
Hourly rate schedule will be for the entire duration of the contract in the proposal Principal/Senior Project Manager 6 200.00 $ 1,200.00$
Project Manager 8 180.00$ 1,440.00$
Web Accessibility Specialist 2 185.00$ 370.00$
Principal/Senior Project Manager 4 200.00$ 800.00$
Project Manager 4 180.00$ 720.00$
Technical Staff 4 80.00$ 320.00$
TOTAL NOT TO EXCEED GENERAL 28 4,850.00$
A.1: Conduct an evaluation of all City services,
policies and practices involving people with
disabilities.
Policy & Practice Specialist 20 200.00$ 4,000.00$
Principal/Senior Project Manager 8 200.00$ 1,600.00$
Project Manager 8 180.00$ 1,440.00$
A.3: Identify modifications needed or
recommended to City services, policies, and
procedures
Policy & Practice Specialist 16 200.00$ 3,200.00$
A.4: Prepare and distribute staff questionnaires Project Manager 4 180.00$ 720.00$ Policy & Practice Specialist 4 200.00$ 800.00$
Technical Staff 16 80.00$ 1,280.00$
A.6: Interview key City staff if necessary Policy & Practice Specialist 6 200.00$ 1,200.00$ TOTAL NOT TO EXCEED TASK A 82 14,240.00$
Project Manager 15 180.00$ 2,700.00$
Project Coordinator 8 160.00$ 1,280.00$
B.2: Evaluate current barriers and inventory all
City Facilities (Field Surveys) Field Investigators (FACILITIES) 880 130.00$ 114,400.00$ B.3: Perform field survey data QA/QC Project Coordinator 265 160.00$ 42,400.00$ GIS Analyst 10 160.00$ 1,600.00$
Technical Staff 20 80.00$ 1,600.00$
B.5: Identify feasible solutions to removing each
barrier Project Manager 4 180.00$ 720.00$
B.6: Establish a timeline for removing barriers Project Manager 6 180.00$ 1,080.00$ B.7: Evaluated Cyber infrastructure such as the
City website Web Accessibility Specialist 50 185.00$ 9,250.00$ B.8: (Deliverable) Create and provide Corrective
Action - Sustainability Plan of the City Website
for review
Web Accessibility Specialist 24 185.00$ 4,440.00$
B.9: (Deliverable) Create and provide draft ACAR
assessment reports for City review Project Manager 45 180.00$ 8,100.00$ TOTAL NOT TO EXCEED TASK B 1327 187,570.00$
Principal/Senior Project Manager 12 200.00$ 2,400.00$
Project Manager 12 180.00$ 2,160.00$
Technical Staff 4 80.00$ 320.00$
TOTAL NOT TO EXCEED TASK D 28 4,880.00$
GRAND TOTAL PHASE 1 1465 211,540.00$
A.5: Analysis and tabulate results from
questionnaires
SZS ENGINEERING - HOURLY RATES
GENERAL: MEETINGS
1: Admin: Misc. meetings to be held with City
staffA. SELF-EVALUATION
A.2: Revise or update procedures and forms
within the existing Transition Plan
2: Hold meeting with City Committee
(committee to be determined)
B.1: Compile necessary documentation and
prepare for field investigations/surveys
B.4: Produce facility diagrams, mapping (GIS),
and inventory
D.1: Conduct an outreach program to notify the
public of the ADA Self-Evaluation and Transition
Plan at the start of the project
PHASE 1
D. OUTREACH PROGRAM
B. TRANSITION PLAN UPDATE (BUILDINGS, PARKS, PARKING LOTS) SZS Engineering Access, Inc. 5/4/2023 4
City of Concord
Community Development Department
Consulting Services for Americans with Disabilities Act (ADA) Transition Plan Update Fee Proposal - SZS Engineering Accessing, Inc.
Principal/Senior Project Manager 6 200.00$ 1,200.00$
Project Manager 8 180.00$ 1,440.00$
Web Accessibility Specialist 2 185.00$ 370.00$
TOTAL NOT TO EXCEED GENERAL 16 3,010.00$
Project Manager 10 180.00$ 1,800.00$
Project Coordinator 7 160.00$ 1,120.00$
B.2: Evaluate current barriers and inventory all
City Facilities (Field Surveys - Arterial &
Collectors)
Field Investigators (PROW) 300 130.00$ 39,000.00$
B.2: Evaluate current barriers and inventory all
City Facilities (Field Surveys - Residential) Field Investigators (PROW) 567 130.00$ 73,710.00$ B.3: Perform field survey data QA/QC Project Coordinator 237 160.00$ 37,920.00$ GIS Analyst 25 160.00$ 4,000.00$
Technical Staff 78 80.00$ 6,240.00$
B.5: Identify feasible solutions to removing each
barrier Project Manager 2 180.00$ 360.00$
B.6: Establish a timeline for removing barriers Project Manager 2 180.00$ 360.00$ B.9: (Deliverable) Create and provide draft ACAR
assessment reports for City review Project Manager 15 180.00$ 2,700.00$ TOTAL NOT TO EXCEED TASK B 1243 167,210.00$
Principal/Senior Project Manager 6 200.00$ 1,200.00$
Project Manager 6 180.00$ 1,080.00$
C.2: Evaluate the findings of the public rights of
way evaluation Project Coordinator 30 160.00$ 4,800.00$ Principal/Senior Project Manager 6 200.00$ 1,200.00$
Project Manager 6 180.00$ 1,080.00$
Principal/Senior Project Manager 16 200.00$ 3,200.00$
Project Manager 25 180.00$ 4,500.00$
Project Coordinator 15 160.00$ 2,400.00$
Technical Staff 30 80.00$ 2,400.00$
Principal/Senior Project Manager 4 200.00$ 800.00$
Project Manager 4 180.00$ 720.00$
Technical Staff 4 80.00$ 320.00$
Principal/Senior Project Manager 25 200.00$ 5,000.00$
Project Manager 25 180.00$ 4,500.00$
Accessibility, Inclusion, University Design N/A N/A 4,000.00$ Web Accessibility 101 N/A N/A 9,000.00$
Project Manager 10 180.00$ 1,800.00$
GIS Analyst 20 160.00$ 3,200.00$
Technical Staff 30 80.00$ 2,400.00$
TOTAL NOT TO EXCEED TASK C 262 53,600.00$
Principal/Senior Project Manager 36 200.00$ 7,200.00$
Project Manager 36 180.00$ 6,480.00$
Technical Staff 12 80.00$ 960.00$
TOTAL NOT TO EXCEED TASK D 84 14,640.00$
GRAND TOTAL PHASE 2 1605 238,460.00$
GRAND TOTAL PHASE 1 & 2 3070 450,000.00$
C. PREPARE COMPREHENSIVE ADA SELF-EVALUATION REPORT AND TRANSITION PLAN C.1: Develop and hold ADA Focus Groups
PHASE 2
GENERAL: MEETINGS
1: Admin: Misc. meetings to be held with City
staff
D.1: Conduct an outreach program to notify the
public of the ADA Self-Evaluation and Transition
Plan project throughout the project
B.1: Compile necessary documentation and
prepare for field investigations/surveys
B. TRANSITION PLAN UPDATE (PUBLIC RIGHT-OF-WAY)
B.4: Produce facility diagrams, mapping (GIS),
and inventory
C.3: Hold and conduct prioritization work
sessions with City staff and the public
C.4: (Deliverable) Develop and provide the Draft
comprehensive ADA Self-Evaluation and
Transition Plan Update
C.5: Present draft and final ADA Self-Evaluation
and Transition Plan Update to City Council
C.6a: Prepare and hold City staff trainings (SZS)
C.7: (Deliverable) Update, finalize and provide
the comprehensive ADA Self-Evaluation and
Transition Plan Update, ACAR facility reports,
GIS files, etc.
D. OUTREACH PROGRAM
C.6b: Prepare and hold City staff trainings
(Knowability)
SZS Engineering Access, Inc. 5/4/2023 5
From: Ezell, Justin <[email protected]>
Sent: Tuesday, June 6, 2023 2:00 PM
To: Barone, Valerie <[email protected]>; McAuley, Wendy <[email protected]>
Subject: RE: Question regarding 8e
This email is being shared with all Councilmembers.
Councilmember Obringer,
The item before you tonight (Item 8.e on the consent calendar) is the approval of a professional services agreement to update the City’s ADA transition plan. The updated plan will result in a database that allows staff to manage and track the City’s progress toward installing/replacing curb ramps. Staff does not currently have an inventory or estimate of the amount of curb ramps installed or that are needing installation. The updated plan will solve this challenge.
Regards,
-Justin
Justin Ezell
Assistant City Manager
City of Concord
(925) 671-3155
[email protected]
Sign up here to subscribe to our City News updates
From: Obringer, Carlyn <[email protected]> Sent: Tuesday, June 6, 2023 1:32 PM
To: Ezell, Justin <[email protected]>
Subject: Question regarding 8e
Do we have the percentage of ADA ramps that we have updated throughout the city, or a number as to how many we still need to update? I know that this project has been ongoing for years. I would like to get a sense of what kind of progress we are making.
Best Regards,
Carlyn
Carlyn Obringer
City Councilmember, District 2
City of Concord
Benched Correspondence
Agenda Item No. 8.e
June 6, 2023
Staff Report
Date: June 6, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Jasmin Loi, Director of Human Resources
Prepared by: Lisa M. Bartlow, Senior Human Resources Analyst [email protected]
(925) 671-3144
Subject: Considering approval of a three-year service agreement in the amount of $558,608 and an additional $350,000 for other service fees with Sedgwick Claims Management Services, Inc. for a total not-to-exceed amount of $908,608, appropriating $97,195 for Fiscal Year 2023-24 and appropriating $106,055 for Fiscal Year 2024-25, and authorizing the City Manager to execute the agreement in a form acceptable to the City
Attorney. (Workers’ Compensation Fund)
Report in Brief
The City of Concord (City) contracted with Sedgwick Claims Management Services, Inc. (Sedgwick) as the third party administrator of the City’s self-insured workers’ compensation program since July 1, 2011. The current contract expires on June 30, 2023. Based on Sedgwick’s satisfactory performance, the City seeks to continue this effective service relationship for an additional three-year contract, covering July 1, 2023 through June 30, 2026. The proposed administration fee for Fiscal Year (FY) 2023-2024 is $177,195, for FY 2024-25 it is $186,055, and for FY 2025-26, the proposed fee is $195,358, for a total of $558,608, and an additional $350,000 for service fees described in the Financial Impact section below, for a total amount not-to-exceed $908,608. An appropriation from the Workers’ Compensation Fund in the amount of $97,195 for FY 2023-24 and an amount of $106,055 for FY 2024-25 is requested. Funding for FY 2025- 26 will be included in future budgets.
8.f8.f
City Council Agenda Report
Agenda item No. 8.f
June 6, 2023
Recommended Action
Approve a three-year service agreement in the amount of $558,608 and an additional $350,000 for other service fees with Sedgwick Claims Management Services, Inc. for a total not-to-exceed amount of $908,608, appropriating $97,195 for Fiscal Year 2023-24 and appropriating $106,055 for Fiscal Year 2024-25 from the Workers’ Compensation Fund, and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.
Background
On August 4, 2020, the City Council approved a three year agreement with Sedgwick to provide workers’ compensation third party administration services for July 1, 2020 through June 30, 2023. The fees were: FY 2020-21 $155,318, FY 2021-22 $160,754, and FY 2022-23 $166,380.
The City is a self-insured employer under California workers’ compensation laws. In order to administer the self-insured program, the City retains the services of a third party administrator to manage the processing of workers’ compensation claims and to ensure the City complies with the various regulations and procedures that govern a self-insured workers’ compensation program.
The Human Resources Department has been working in partnership with Sedgwick with an emphasis on effective claims management, establishing working relationships with external quality medical care providers, and managing a return to work program.
Sedgwick has continued to demonstrate its effectiveness by providing satisfactory services and support to the City in addressing the needs and concerns of ill and injured employees, as well as providing cost savings to the City through their managed care program including utilization and medical bill review services.
Analysis
Workers’ compensation is a no fault mandated system that provides benefits such as medical treatment, temporary or permanent disability benefits, when applicable and death benefits. The City is also a member of Public Risk Innovation, Solutions and Management (PRISM) for excess workers’ compensation coverage along with many other northern California public entities and special districts. Pursuant to their requirements, all third party administrators are audited once every two years to ensure claims are administered in compliance with all the rules and regulations of the State of California, but also in accordance with the PRISM guidelines for third party administrators.
City Council Agenda Report
Agenda item No. 8.f
June 6, 2023
Sedgwick was audited in August, 2021 by a third party for PRISM and received an overall rating of “Exceeds Expectations.” Some of the areas that showed strong performance were as follows:
Investigating and deciding on claim compensability
Paying the various workers’ compensation benefits accurately and timely Reserving sufficient funds to pay each case
Documented case planning with timely follow up
Balancing file payments
Finalizing the cases
Claim Diaries
Communication with the employer
Excess reporting
Sedgwick has provided third party workers’ compensation administration services for the City for many years and they are able to work with us cohesively with their acquired knowledge and familiarity with our claims history and program. They have demonstrated their continued effectiveness of ensuring injured or ill City employees receive the treatment they need in a timely and cost efficient manner. Given the reduction in the number of qualified third party administrators in the marketplace, and the costs associated with the possible initiation/start up fees associated with changing vendors, it is staff’s recommendation it will be in the City’s best interest to continue the relationship with its current third party administrator.
Financial Impact
The proposed administration fee for FY 2023-24 is $177,195; for FY 2024-25 it is $186,055, and for FY 2025-26 is $195,358, for a total of $558,608 and an additional $350,000 for other service fees to be allocated to individual claim files for services provided to the City such as medical bill and utilization review, managed care services, indexing and Medicare reporting for a total not-to-exceed amount of $908,608. Many of these services are required mandatory processes/reporting while also offering a great deal of cost savings to the City to reduce the overall expense of the workers’ compensation claim. The annual savings to the City attributed to these services averages over $900,000 and far outweighs their costs.
Costs were higher than what was estimated in the proposed biennial budget for FYs 20023-24 and 2024-25 that Council will be considering on June 13, 2023. Therefore, appropriation from the Workers’ Compensation Fund is requested in the amount of $97,195 for FY 2023-24, and in the amount of $106,055 for FY 2024-25. Cost for the third year of the contract will be incorporated into future budgets.
City Council Agenda Report
Agenda item No. 8.f
June 6, 2023
These proposed annual rate increases keep the cost for renewal under general market rates for third party administration services and will be charged to the Workers’ Compensation Internal Services Fund.
Public Contact
The City Council Agenda was posted.
Attachment
1. Service Agreement with Sedgwick
c/30781 1
SERVICE AGREEMENT FOR ADMINISTRATION OF
A CLAIMS PROGRAM
This Agreement is entered into effective the 1st day of July, 2023 (“Effective Date”), by and between Sedgwick Claims Management Services, Inc. (“Sedgwick”) and the City of Concord (“Client”).
RECITALS
1. Client self-insures its claims administration program for workers compensation risks and desires to have Sedgwick provide the specific services set forth below in connection with such self-insured program (the “Program,” as defined on Exhibit A, attached hereto).
2. Sedgwick is willing to provide such services on the terms and conditions hereinafter stated.
AGREEMENT
1. Services to Be Performed by Sedgwick: Sedgwick agrees to perform the following services:
A. With regard to Claims Administration, Sedgwick shall:
(1) During the term of this Agreement, review all claim and loss reports received from Client that are required to be reviewed under the Program (a “Qualified Claim”), and process each such claim or loss report in accordance with applicable statutory and administrative regulations; (2) Conduct an investigation of each Qualified Claim to the extent deemed necessary by Sedgwick in the performance of its obligations hereunder; (3) Arrange for independent investigators, appraisers, or medical or other experts to the extent deemed necessary by Sedgwick in connection with processing any Qualified Claim;
(4) Pay benefits, expenses, and adjust or settle each Qualified Claim, but only if in the sole judgment of Sedgwick such payment would be prudent for Client and the anticipated amount thereof does not exceed the limit specified in accordance with paragraphs 2F and 2G below, or as Client specifically approves or directs such action in writing; (5) Maintain a file for each Qualified Claim which shall be the property of Client (for self-insured claims) or Insurer (for insured claims) and which shall be available for review by Client or Insurer during normal business hours upon three (3) days prior written notice;
Attachment 1
c/30781 2
(6) Notify Client’s first layer of insurance coverage for each Qualified Claim where the values may exceed Client's retention, providing such insurer with necessary information on the current status of those claims, unless relieved of this obligation by Client pursuant to paragraph 2A; (7) Assist Client’s counsel, if requested, in preparing the defense of litigated cases arising out of Qualified Claims, negotiating settlements and pursuing subrogation or contribution actions;
(8) Maintain a current estimate of the expected total cost of each Qualified Claim which is based on facts known at the estimation date, but is not trended or actuarially developed;
(9) Use a proprietary data management system to furnish to Client agreed upon loss and information reports. These reports shall contain information such as each Qualified Claim date, condensed claim description, payments made, estimated future costs and total expected costs of all Qualified Claims, as well as summary and other data deemed relevant by Sedgwick, but not IBNR (incurred but not reported) claims or actuarially developed loss values; and
(10) Annually report federal, state and local 1099 information under Client’s tax identification number(s), when Client has provided all required IRS authorizations, for vendor payments issued by Sedgwick on bank accounts owned by Client, but not for payment authorizations when Sedgwick does not issue the checks.
B. Sedgwick will provide managed care services as set forth in the attached Managed Care Service Schedule.
C. Sedgwick will provide the call center services as set forth in the attached Call Center Service Schedule.
D. Sedgwick will provide the MMSEA/SCHIP Reporting services as set forth in the Medicare Reporting Services Schedule attached hereto.
2. Obligations of Client:
A. Client shall provide Sedgwick in a timely manner with its first layer of insurance coverage for the policy years necessary for proper notification of applicable Qualified Claims to such first layer insurers by Sedgwick. Should Client fail to provide this information, Sedgwick shall be relieved of any such reporting obligations.
B. Client shall pay to Sedgwick a service fee which, in the initial term of this
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Agreement, shall be computed and payable as shown in Exhibit B, attached hereto and made a part of this Agreement, plus applicable taxes, if any. Client shall reimburse Sedgwick for the reasonable and customary out-of-pocket expenses incurred by Sedgwick such as travel expenses in conjunction with the services being performed. If Client, in its sole discretion, requests Sedgwick to perform services outside of the scope of work listed herein, then Client shall compensate Sedgwick for such services at Sedgwick’s then applicable standard rates for such service.
C. Client shall at all times provide funds adequate for the payment of Qualified Claims, including allocated loss adjustment expenses. For purposes of this Agreement, allocated loss adjustment expenses shall mean all costs, charges or expenses incurred by Sedgwick, its agents or its employees which are properly chargeable to a Qualified Claim including, without limitation, court costs; fees and expenses of attorneys; appeal bonds; independent adjusters; investigators; appraisers; vocational services, training or evaluation; medical expenses and medical cost containment service providers (including those provided by Sedgwick, if applicable); durable medical equipment; rehabilitation services; experts and witnesses; fees for obtaining statements, diagrams, reports, records, documents, transcripts, depositions, Medicare reporting and compliance services fees and costs, index bureau filings and re-filings, and photographs; cost of file retrieval; cost associated with the pursuit of subrogation and/or Special Injury Fund claims; hearing representation services; and travel fees and expenses incurred at Client’s request. Sedgwick may, but need not, elect to utilize its own staff or affiliated entities to perform these services. Associated fees and costs will be charged as allocated loss adjustment expenses.
D. Client shall deposit funds for payment of Qualified Claims, including allocated loss adjustment expenses, in a bank account or accounts (the “Claim Account”).
Client shall be responsible for providing sufficient funds to enable Sedgwick to write checks on the Claim Account for use in the payment of Client’s Qualified Claims. Such funds shall be provided by electronic funds transfer at the inception of the Program and replenished by electronic funds transfer promptly from time to time thereafter. The amount of the escrow required for the Claim Account may be modified in the following instances:
(1) There is a substantial increase or decrease in claims payment activity; (2) Client fails to fund the Claim Account within the agreed upon time period; (3) There is a change in funding cycle;
(4) The escrow is recalculated at Client’s request; or
(5) The escrow amount is automatically recalculated on an annual basis.
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E. It is expressly understood that Sedgwick shall not be required to advance its own funds to pay losses or allocated loss adjustment expenses for any Qualified Claim hereunder. It is further understood that if Client fails to promptly provide funds sufficient to allow required payments to be made timely, or if funds previously provided by or on behalf of Client are seized, frozen or otherwise unavailable to Sedgwick to allow required payments to be made timely on account of the bankruptcy, receivership, or other insolvency proceeding of Client [or Insurer, in cases where Insurer funds claim account], Sedgwick will have no obligation to perform any claims payments services during any period of underfunding.
F. Sedgwick shall have full discretion to make an individual payment of an allocated loss adjustment expense in an amount up to $0 on any Qualified Claim and shall not need the approval of Client to make such payments. This amount may be changed at any time by Client upon ten (10) days prior written notice to Sedgwick. It is agreed that Sedgwick shall have full authority and control in all matters pertaining to the payment, processing, investigation and administration of Qualified Claims within the limit established by this paragraph.
G. Sedgwick shall have full discretion to redeem, compromise or settle any Qualified Claim for an amount not to exceed $0 and shall not need the approval of Client to consummate such redemption, compromise or settlement. This amount may be changed at any time by Client upon ten (10) days prior written notice to Sedgwick. Failure of Sedgwick to settle a Qualified Claim within such limit, however, shall not subject Sedgwick to any liability whatsoever in the event of an adverse judgment entered by any court or the settlement of such Qualified Claim for an amount in excess of such limit.
H. Should Client fail to make timely payments of any service fees due Sedgwick or should Client in any other way breach a material term of this Agreement, Sedgwick shall then have the right to refuse to perform any further services or terminate this Agreement. If Sedgwick elects to exercise its rights under this paragraph, in addition to all other legal or equitable remedies, Sedgwick will have the right to its full minimum fee, if any, as well as any other fees for which Sedgwick may be eligible, and may collect such fees from any loss fund that may be in Sedgwick's care, custody and control.
I. Upon receipt of any form of notice advising of facts which are or may be a Qualified Claim, Client shall promptly assign the Qualified Claim to Sedgwick for management. Client shall promptly provide Sedgwick with such information as Sedgwick may require, including, but not limited to, any copy of documents describing its Program, including but not limited to documents submitted to any legal, administrative or regulatory authority for approval of the Program, as well as incident reports and related information in Client’s possession and otherwise cooperate with Sedgwick in carrying out Sedgwick’s tasks hereunder.
3. Discontinuance of Operations:
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Should Client discontinue its business for any reason, all fees due Sedgwick shall be paid immediately. Sedgwick shall have no further obligation to continue to provide the services called for in this Agreement, and, at Sedgwick’s option, this Agreement shall be considered terminated as of the date Client ceases operations or is subject to a bankruptcy or receivership filing, either voluntarily or involuntarily.
4. Covered Jurisdictions:
This Agreement shall cover all operations of Client in the state(s) of California.
5. Term of Agreement and Termination:
A. The term of this Agreement shall be for the period commencing on July 1, 2023 and ending on June 30, 2026.
B. This Agreement may be terminated by either party at any time, provided that at least sixty (60) days prior written notice of the effective date of termination is given to the other party.
C. Sedgwick is providing services to Client on a life of contract basis. If requested by Client, Sedgwick will continue to process Client’s Qualified Claims remaining open at the expiration or termination of this Agreement, if any, provided that Client shall continue to make adequate funds available for the payment of such Qualified Claims, including any allocated loss adjustment expenses and pay information technology fees, fees for encrypted data files, program management fees, and any other applicable fees. This provision shall not apply unless the additional fee for this service shall have been negotiated and agreed to in writing prior to the effective date of termination.
D. If Sedgwick is required by Insurer to adjust Client’s insured Qualified Claims after expiration or termination of this Agreement, Client shall continue to fund claims payments and allocated loss adjustment expenses as otherwise provided herein, and Client shall pay Sedgwick a mutually agreed upon fee, plus the prevailing fee for any information technology or encrypted data files required by Insurer.
E. If Insurer fails to pay Sedgwick service fees which it is obligated to pay, then Sedgwick may present all unpaid invoices to Client and Client shall pay such service fees within thirty (30) days of presentment. If Insurer is responsible for funding the Claim Account and fails to adequately do so, then Client shall immediately and adequately fund the Claim Account upon notice from Sedgwick of the deficiency.
F. Upon expiration or termination of this Agreement, Sedgwick shall deliver the imaged files that Sedgwick, has maintained for Qualified Claims (but not
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including any computer hardware, firmware, software or other proprietary information to Sedgwick) to Client. The CITY reserves the right to specify the file format that electronic document deliverables are presented to the CITY and shall be responsible for format conversion costs associated with converting the data from its existing electronic format into the CITY’s desired format.
6. Professional Advice:
Nothing in this Agreement is intended to require Sedgwick to engage in the practice of law, and services provided shall not be considered legal, tax or accounting advice, and Sedgwick shall in no event give, or be required to give, any legal opinion or provide any legal, tax or accounting representation to Client. Client acknowledges that Sedgwick has been engaged to provide certain professional services and that it is not the intent of the parties that Sedgwick assume any insurance risk. Sedgwick shall not act as an insurer for Client, and this Agreement shall not be construed as an insurance policy; it being understood that Sedgwick is in no event financially responsible for payment or satisfaction of Client’s claims, lawsuits, or any form of cause of action against Client from Sedgwick funds.
7. Indemnification:
A. Sedgwick shall be fully responsible for exercising reasonable care at all times in the performance of its obligations hereunder. Each party agrees to defend, indemnify and hold harmless the other party, its officers, officials, employees, agents and volunteers from and against any and all claims, demands, actions, losses, damages, injuries and liability (including all reasonable attorney’s fees and other litigation expenses) arising out of the indemnifying party’s negligence, willful misconduct, or breach of the terms of the Agreement. Client’s indemnity of Sedgwick will extend to matters against Sedgwick which arise out of or related to oral or written instructions, procedures or forms supplied by Client or to Client’s internal management or adjustment of its claims. Each party agrees to keep the other fully informed of any matter for which it is defending, holding harmless or indemnifying the other party. Each party reserves the right to appoint its own counsel. At its own expense, regarding any matter defended hereunder and to approve any settlements of same.
B. Notwithstanding anything to the contrary contained in the above paragraph, it is understood and agreed that if Client, directly or through a subcontractor or vendor of Client’s choosing (“Client Subcontractor”), retains administration of a claim or performs any services for a claim Sedgwick administers, or if Client otherwise directs the administration of a claim, Client will indemnify, defend, and hold Sedgwick, its officers, directors, employees and agents harmless from the losses, damages, costs, judgments and expenses (including attorneys’ fees and costs) as a result of any litigation or proceeding, fines, penalties, revocation of license, or any other state regulatory investigation or action arising against Sedgwick related to
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the acts or omissions of Client or the Client Subcontractor.
C. If Client's access to claim data includes the ability to add and modify data, Sedgwick shall not be required to verify, or otherwise be responsible for, the accuracy of data added or modified by Client. Client shall indemnify, defend and hold Sedgwick, its officers, directors, employees and agents harmless for any loss, cost (including attorneys’ fees), claim or judgment which is attributable to Client’s input or modification of data.
D. Intentionally omitted.
E. Notwithstanding the foregoing, an indemnifying party will not settle a claim without the indemnified party’s written consent, unless such settlement results in (i) a full release of all parties, (ii) no liability to the indemnified party or future obligation of the indemnified party, and (iii) no admission of wrongdoing by Client or Sedgwick.
F. The provisions of this section shall survive the expiration or termination of the Agreement.
8. Network Security/Confidentiality:
A. If Client’s access to the data management system requires a network connection (the “Network Connection”) between Client's network and Sedgwick’s network, Sedgwick and Client shall take reasonable and customary precautions to prevent unauthorized access to or use of the Network Connection through their respective networks. The parties agree, however, that each party is responsible for the security of its own network. Neither party shall be liable to the other for unauthorized access to the Network Connection, so long as the accused party shall have taken reasonable and customary precautions to prevent such unauthorized access.
B. Whether or not marked as such, and without regard to the media in which such records are stored, “Confidential Information” shall mean:
(1) any business or technical information pertaining to the parties herein or to third parties, which is furnished, disclosed or made available by one party to the other, including, without limitation, specifications, prototypes, software, marketing plans, financial data and personnel statistics; and (2) Medical records, reports and information, as well as any other non- medical records, reports or information pertaining to claimants under the Program.
C. Each party agrees to protect Confidential Information received hereunder with the same degree of care that such party exercises with its own confidential
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information (but in no event less than reasonable care) and to limit access and disclosure of Confidential Information only to their employees, agents and contractors who have a “need to know,” and who agree to maintain confidentiality in accordance with this section. Notwithstanding the foregoing, Client agrees to permit Sedgwick to compile and disseminate aggregate, de-identified information for auditing, compliance, internal assessments, process improvement and related analytics, benchmarking purposes or forward to a data collection facility data for Qualified Claims handled pursuant to this Agreement, provided that such facility agrees in writing to keep Client’s data confidential. Further, Sedgwick shall be entitled, without violation of this section and without the prior consent of Client, to retain claims administration information and to forward claims administration information to government agencies to the extent required by law for the proper performance of the services set forth herein.
D. The provisions of this section shall survive the expiration or termination of the Agreement.
9. Notices:
Any notice required to be given under this Agreement shall be sent by certified or registered mail, postage prepaid, to General Counsel - Americas, Sedgwick Claims Management Services, Inc., 8125 Sedgwick Way, Memphis, TN 38125, in the case of Sedgwick, and to Human Resources Director, City of Concord, 1950 Parkside Drive, Concord, CA 94519, in the case of Client.
10. Assignment:
The Client may not assign its rights or obligations under this Agreement. Sedgwick may assign or subcontract part of the services required hereunder and may at its discretion delegate to a subsidiary or affiliate such of its duties as it deems appropriate, provided that such subcontracting or delegation shall not relieve Sedgwick of any of its obligations hereunder.
11. Entire Agreement and Modification or Amendment:
This Agreement and its attached exhibits and schedules represents the full and final understanding of the parties with respect to the subject matter described herein and supersedes any and all prior agreements or understandings, written or oral, express or implied. This Agreement may be modified or amended only by a written statement signed by both parties.
12. Applicable Law:
This Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction. In the event that suit shall be brought by either party
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hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Contra Costa, California.
13. Force Majeure:
Neither party shall be liable to the other party or be deemed to have breached this Agreement for any failure or delay in the performance of all or any portion of its obligations under this Agreement if such failure or delay is due to any contingency beyond its reasonable control (a “force majeure”). Without limiting the generality of the foregoing, such contingency includes, but is not limited to, acts of God, fires, floods, pandemics, storms, earthquakes, riots, boycotts, strikes, lock-outs, acts of terror, wars and war operations, restraints of government, power or communication line failure or other circumstance beyond such party’s reasonable control, or by reason of the bankruptcy, receivership or other insolvency proceeding of any bank or other financial institution where funds to pay losses and allocated loss adjustment expenses are held, or by reason of a judgment, ruling or order of any court or agency of competent jurisdiction or change of law or regulation subsequent to the execution of this Agreement. Both parties are obligated to provide reasonable back-up capability to avoid the potential interruptions described above. If a force majeure occurs, the party delayed or unable to perform shall give immediate notice to the other party.
14. Headings:
Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement.
15. Relationship of Parties; Expenses:
Nothing contained in this Agreement shall be deemed to create a partnership or joint venture between the parties hereto; the only relationship among the parties shall be that of independent parties to a contract. Except as expressly provided herein, no party hereto shall have authority or shall hold itself out as having authority to act for or bind any other party hereto. Except as expressly set forth herein, each party shall bear all expenses it may incur in connection with the execution, delivery and performance of this Agreement.
16. Waiver of Breach:
Failure of either party hereto to require the performance by the other party hereto of any obligation under this Agreement shall not affect its right subsequently to require performance of that or any other obligation. Any waiver by any party hereto of any breach of any provision of this Agreement shall not be construed as a continuing waiver of any such provision or a waiver of any succeeding breach or modification of any other right under this Agreement.
17. Subcontractor Disclosure:
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Through contractual arrangements with subcontractors, Sedgwick provides a full range of medical management and investigative services to its clients, as well as structured settlements, claim indexing services, imaging, auto-bill adjudication, and extra-territorial claims administration services. Medical management services include, but are not limited to, bill review, network access, pharmacy benefits management, peer review, field case management, electro-medical devices, bone growth stimulators, orthotics, prosthetics, translation and interpretation, transportation, medical supplies, IV and respiratory therapy, home health, and durable medical equipment. Client recognizes and agrees that delivery of some of these services are being provided pursuant to separate agreements between subcontractors and Sedgwick. Invoices for these services will be paid as allocated loss adjustment expenses on individual claims, unless otherwise agreed between Client and Sedgwick. Notwithstanding the foregoing, Client agrees and understands that Client is obligated to make payment to the subcontractors either directly or by remitting such payment to Sedgwick, for any money due for subcontracted services which have been provided under this Agreement. Client acknowledges that Sedgwick receives a portion of charges for subcontracted services as reimbursement for cost of program management, administration, and technological and service enhancements.
Sedgwick does not receive payment from the subcontractors for work referrals, and Client retains final authority over the use of any subcontractor (though exercising that authority may result in higher prices to the Client for the particular service to be subcontracted.) In no event will charges to Client exceed the amount indicated in the Agreement.
18. Equitable Adjustment:
This Agreement contemplates that the standards applicable to this Agreement are those in effect on the date of this Agreement, whether such standards are set forth in statutes, regulations, rules, orders, case law or otherwise. In the event of a change in a service standard, either part may request an equitable adjustment in its compensation or pricing if such change increases or decreases the cost of providing the services under this Agreement.
19. Non-Solicitation:
Client acknowledges and agrees that Sedgwick personnel who perform the services are a valuable asset to Sedgwick and difficult to replace. Accordingly, Client agrees that, during the term of the Agreement, and for twelve months thereafter, it will not solicit, contract or hire Sedgwick personnel or encourage them to seek employment or any other contractual arrangements with Client. The parties further agree that in the event Client breaches the provision of this Section, Client shall pay Sedgwick liquidated damages in the amount of two times the annual compensation to be paid to such person for each such breach, which is the parties’ good faith estimate of the amount of damages to Sedgwick from such breach. This Section shall survive the termination of this Agreement.
20. Insurance. Sedgwick shall, at its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance:
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A. Commercial General Liability Coverage. Sedgwick shall maintain commercial general liability insurance with limits of no less than one million dollars ($1,000,000) combined single limit per occurrence or two million dollars ($2,000,000) aggregate limit for bodily injury, personal injury and property damage.
B. Automobile Liability Coverage. Sedgwick shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one million dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage liability.
C. Professional Liability Coverage (Errors and Omissions). Sedgwick shall maintain professional liability insurance with coverage for negligent errors, acts or omissions committed by Sedgwick and its employees in the performance of this Agreement. The amount on a claims made annual aggregate basis or a combined single limit per occurrence basis.
D. Compliance with State Workers’ Compensation Requirements. Sedgwick covenants that it will insure itself against liability for Workers’ Compensation pursuant to the provisions of California Labor Code §3700, et seq. Sedgwick shall, at all times, upon demand of the Client, furnish proof that Workers’ Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the Client, its officers, officials, employees and volunteers for losses arising from work performed by Sedgwick for Client. This provision shall not apply upon written verification by Sedgwick that Sedgwick has no employees.
E. Other Insurance Provisions. The policies are to contain, or to be endorsed to contain the following provisions:
(1) Additional Insured. Client, its officers, agents, employees and volunteers are to be included as an additional insured as respects: Liability arising out of activities performed by or on behalf of JCI and operations of Sedgwick, premises owned, occupied or used by Sedgwick. The coverage shall contain no special limitations on the scope or protection afforded to Client, its officers, officials, employees or volunteers and shall be in a form that is approved by the City Attorney’s Office.
Except for workers’ compensation and professional liability insurance, Client shall be notified of cancellation in accordance with the terms of the policy. (2) Primary Coverage. Sedgwick’s Commercial General Liability and Automobile Liability insurance coverage shall be primary insurance with respect to Client, its officers, officials, employees and volunteers. Any insurance, risk pooling arrangement or self-insurance maintained by Client, its officers, officials, employees or volunteers shall be in excess of Sedgwick’s insurance and shall not contribute with it. (3) Verification of Coverage. Sedgwick shall furnish Client with certificates of insurance and the applicable policy language effecting coverage required by this Agreement. The certificates and policy language for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The aforementioned policies shall be issued by an insurance carrier having a rating of Best a- VII or better which is satisfactory to the City Attorney and shall be delivered to Client at the time of the execution of this Agreement or before work commences.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates written below.
City of Concord Sedgwick Claims Management Services, Inc.
By By Valerie J. Barone
Title City Manager Title
Date________________________ Date_______________________
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EXHIBIT A
SERVICE PROGRAM OVERVIEW
I. Introduction
Sedgwick is administering the workers compensation claims for Client as follows:
State(s) Serviced: California
Sedgwick Servicing Office: Roseville, CA
Insured Claims (if applicable):
A portion of Client’s program is insured. Client shall provide the relevant policy information, including a complete copy of all applicable policies, as soon as reasonably practical after same becomes available.
II. Account Coordination
On behalf of Client, this service program will be coordinated by:
Client Representative Jasmin Loi, Human Resources Director Client Name City of Concord
Client Address 1950 Parkside Drive M/S 30, Concord, CA 94519 Telephone # 925-671-3310
Fax # 925-671-3496
On behalf of Sedgwick, this service program will be coordinated by:
Sedgwick Representative Devora Brainard-DeLong
Sedgwick Claims Management Services, Inc.
Telephone # 951-231-6825
Email [email protected]
Each party reserves the right to change its designated representative during the term of the Agreement.
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EXHIBIT B
SERVICE FEES
Client shall pay the following fees on a life of contract basis for services provided during the term of this Agreement:
1. Flat annual TPA fee
A. Client shall pay the following fees for workers’ compensation claims received by Sedgwick during the period beginning July 1, 2023, and ending June 30, 2026:
7/1/2023-6/30/2024 7/1/2024-6/30/2025 7/1/2025-6/30/2026 $177,195 $186,055 $195,358
2. Miscellaneous Charges:
A. viaOne access, which includes two users, is included. Additional access is available for a fee of $870 per user per year. Sedgwick will make available, through Sedgwick’s proprietary claims system, claim-related data with “web- enabled” access. Client will have “view only” access to the system for the term specified or as contemplated in Section 5(C) of this Agreement. Client will bear responsibility for its own hardware, software, connection and similar costs for accessing the electronic claims management system.
B. Intake by any means other than utilizing Sedgwick Call Center or web reporting technology (i.e. fax, e-mail) will incur a fee of $24 per report.
C. Client shall pay for storage of claim files which were closed at the time that Sedgwick obtained the Program. Sedgwick’s liability for such files shall be subject to the same limitations as contained in its written agreements with storage service providers, if any.
3. Invoicing:
All claims service fees are billed quarterly, in advance.
4. Care Management Fee Schedule:
All claims administration fees and services contemplate the deployment of Sedgwick’s managed care services for all bill review and case management services. Managed care fees are detailed below. Fees may change from time to time upon 60 days written notice.
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Service Rate
Medical bill review and provider networks
Medical bill review
State fee scheduling/usual, customary and
reasonable; state reporting $9.99 per bill
Provider networks
PPO networks/out-of-network services 28% of savings
Telephonic clinical services
Telephonic case management (TCM):
Telephonic nurse case manager
Surgery nurse case manager
Evaluation and recommendation: $155
$110 per hour
$110 per hour
Behavioral health specialist $110 per hour (1)
Customized nurse services $110 per hour (1)
Utilization review (UR) and physician advisor
UR $150 per review
Physician advisor/peer review $250 per review
Physician review of records $250 per hour
Physician advisor appeal $360 per review
Complex pharmacy management
Pharmacy nurse management/pain coaching: $120 per
hour
Physician and PharmD management (as needed): $250
per hour
Field case management (FCM)
Medical FCM: Full field $110 per hour, plus direct expenses (1)(2) Urgent/catastrophic case management: $175 per hour (1)
Crisis care RN $175 per hour (1)
FCM tasks:
- One visit clinical assessment $740 flat fee
- Limited assignment task $110 per hour (1)
- Specialty task services: life care plan, expert
testimony, customized services
$175 per hour
Vocational and work placement solutions
Transitional work placement (at not-for-profit) $900 for placement or no-show Return to work (RTW) specialist $110 per hour (1)
Telephonic RTW
Workplace consultation — program/policy
design and planning $210 per hour, plus direct expenses Vocational — full FCM $110 per hour, plus direct expenses (1)(2) Vocational field tasks:
- Vocational assessment/testing $980 flat fee
- Labor market survey $660 flat fee
- Automated transferable skills analysis $370 flat fee
- Job analysis or ergonomic evaluation $815 flat fee
Clinical consultation services
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Service Rate
Clinical consultation
Standard (24x7x365 access to nurse): $95 per call
Premium (standard plus option of blended intake or
limited customization): $110 per call
Advanced (Premium plus option to customize
workflows): $120 per call*
*Level of customization may warrant additional fees
Sedgwick managed care administrative services
Lien resolution
28% of the below fee schedule savings subject to
minimum fee of $130 and cap of $7,500 per lien
Expert witness testimony or hearing representation
charged at $130 per hour plus direct expenses
Sedgwick standard medical card No charge; customization starts at $3,500 Mandatory state panel postings Included in Sedgwick bill review program fees
5. SIU Service Fees:
The charges set forth below are the current fees for the services listed, and these fees may change from time to time upon sixty days prior written notice to Client:
Service name Price
Research services
Social media investigation $275
Smart plus investigation $475
Comprehensive background $525
Canvassing services $250
Skip tracing/individual locate $315
Asset check $225
Criminal and civil check $135 plus cost of records
Additional counties or names: $75 (per county or name) Records request $100 plus cost of records
Social media monitoring $25 per week of monitoring
Other research services Quote upon request
Surveillance services
Surveillance
$100 per hour (portal to portal): California, Hawaii, and New York
Mileage charged at IRS standard mileage rate
Additional expenses to hourly rate:
Report writing (up to 1/2 hour per day at standard
surveillance rates)
Pre-surveillance investigation: $85
License plate searches: $20 (post prelim)
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Service name Price
Unmanned surveillance
$750 per day (three-day minimum)
$100 per hour: California, Hawaii, and New York
Mileage charged at IRS standard mileage rate
Video copies $100 per additional copy plus shipping
Field services
Alive and well check - in person $450: California, Hawaii, and New York Alive and well check - virtual
interview $125
Activity check $475: California, Hawaii, and New York
AOE/COE
Recorded statement
Scene investigation
Trial/deposition
$100 per hour (portal to portal): California, Hawaii, and New York
Mileage charged at IRS standard mileage rate
International investigations Quote upon request
Other field services Quote upon request
Assessment services
Suspect file review $125 per hour
Fraud investigation (includes state
reporting) $125 per hour
Red flag analytics review
$125 per hour
Other assessment services Quote upon request
6. Subrogation and Other Recoveries:
A. Sedgwick shall pursue recoveries for subrogation, second injury funds, and other applicable special funds such as supplemental state funds, COLA reimbursements, retro funds, and other similar funds. All fees and expenses, including attorneys’ fees or investigations, for pursuit of any recovery shall be charged to the appropriate Qualified Claim file as an allocated loss adjustment expense. Sedgwick does not have the authority to initiate formal legal proceedings on behalf of the City without the City’s express written consent.
B. As determined by the parties, Sedgwick shall either:
a. Deposit the recovery funds and issue payment from Sedgwick’s accounts Payable system to Client for the net recovery (less Sedgwick’s fee). Sedgwick will deposit the net recovery check into the Client’s loss-funding account or forward it directly to the Client.
b. Deposit the recovery funds into the Client’s loss-funding account and Sedgwick shall receive payment from the claim file or directly from Client.
7. MMSEA/SCHIP Medicare Reporting Fee:
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The charges set forth below are the current fees for the services listed, and these fees may change from time to time upon sixty days prior written notice to Client:
One time $9 charge per claim for claims involving bodily injuries (WC, liability, no fault).
8. Loss Control Service Fees:
The Loss Control services and fees are detailed below. Fees may change from time to time upon sixty (60) days prior written notice to Client.
SERVICE FEE
Analytics services $190.00 per hour
Risk assessments - Safety audits $160.00 per hour
Risk consultative services $160.00 per hour
Safety training $160.00 per hour
$1,240.00 per day
Travel rate for Loss Control services $85.00 per hour
Industrial hygiene Available upon request and subject to separate terms and conditions.
Reimbursement of Costs and Expenses:
The following items will be billed “at cost” with no markup, with prior Client approval:
Tolls, Ferries, Parking, Shipping, Meals, Hotels, Airfare, etc.
Custom Programming:
Any custom programming to accommodate special needs will be billed at Sedgwick’s programming rate of $185 per hour. Any custom programming projects including fee arrangement will be agreed upon by both the Client and Sedgwick prior to the start of said project. Examples of custom programming are custom import/exports, specialized management reports, etc.
9. Ergonomic Service Fees:
The ergonomic services and fees are detailed below. Fees may change from time to time upon sixty (60) days prior written notice to Client.
SERVICE RATE
General Ergonomic Services $185.00 per hour
Remote ergonomic workstation review (office evaluations) $400.00 for up to 2.5 hours $170.00 per hour additional time
Onsite ergonomic workstation review (office evaluations) $725.00 for up to 4.0 hours $185.00 per hour additional time
Daily rate (for larger projects) $1,400.00 per day
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10. Payment Terms:
Client acknowledges that all fees set forth in the Agreement are due and payable within thirty (30) days of the invoice. Any and all past due fees will incur interest at the rate of 1.5% per month, unless otherwise prohibited by law. Client acknowledges that in the event Sedgwick undertakes collection proceedings for any outstanding fees, then Client will reimburse Sedgwick for all costs associated with such collection action, including a reasonable attorney fee and court cost.
All fees are contingent upon claim management from Sedgwick’s systems.
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MANAGED CARE SERVICE SCHEDULE
Client has chosen the following managed care services, as defined herein:
(1) Provider Fee Management - The bill review process reviews bills against up-to- date and accurate mandated state fee schedules or the usual and customary (“UCR”) data base, whichever is appropriate, to reveal excessive, duplicate, or inappropriate charges.
(2) Preferred Provider Organization (“PPO”) Networks - Sedgwick will arrange for access and channeling to national and regional PPO networks including specialty networks (Diagnostics, Physical Therapy, etc.) under the managed care program in conjunction with the Provider Fee Management service.
(3) Hospital Bill Review - Hospital or outpatient non-PPO bills will be reviewed by a nurse for possible errors or excessive charges relative to the patient's medical diagnosis at Sedgwick's or Client's request.
(4) Out of Network Bill Review – Bills from out of network health care providers will be reviewed, and if appropriate a negotiation with the billing provider will be pursued. Additionally, inpatient and outpatient procedures that are not addressed by an individual state’s fee schedule or UCR will be repriced to a geographically driven and cost to charge repricing database to determine appropriate reimbursement.
(5) Specialty Usual and Customary Review – Sedgwick’s vendors will apply geographic charges (fee for same procedure charged by other providers in same area) and cost to charge ratios (actual cost to provider for procedure or hospital stay v. amount charged) to determine reimbursement of medical services billed that are not addressed within the jurisdictional fee schedule or usual and customary reimbursement.
(6) Field Case Management and Crisis Care - Sedgwick will assign appropriate cases for field medical, crisis care, and vocational management services upon approval by the Client.
(7) Utilization Review, which includes the following components:
(a) Prospective Review - a review prior to treatment or admission conducted by an experienced registered nurse to validate or negotiate the necessity, setting, frequency, intensity and duration of care delivery. (b) Concurrent Review - during the course of treatment, a review of treatment and planned procedures and establishment of target completion dates. (c) Retrospective Utilization Review- a review post treatment conducted by an experienced registered nurse to identify inappropriate treatment utilization.
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(d) Peer Review - physician-to-physician contact to resolve treatment and diagnosis questions.
(8) Prescription Services – Pharmacy program made available to Client’s employees whereby a network of pharmacies, local to Employer sites/employee residences will provide prescription medications related to the work related injury with no out of pocket expenses to the employee.
(9) Pharmacy review services include a review of all current medications prescribed to the claimant as well as a review of over the counter medication being taken by the claimant. The purpose of the review is to evaluate whether the medications prescribed to and/or taken by the claimant are appropriate for treatment of the injury or ailment which is the subject of the underlying claim being administered by Sedgwick.
(10) Telephonic Case Management - Sedgwick will assign appropriate cases for telephonic medical, vocational/return to work, or behavioral health management services upon approval by the Client.
(11) Complex file review (nurse review) - Hospital or outpatient non-PPO bills that meet specific, pre-established criteria may be reviewed by a nurse for possible errors or excessive charges relative to the patient’s medical diagnosis.
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CALL CENTER SERVICE SCHEDULE
1. Sedgwick will perform the following call center services:
A. Provide to the Client a toll free number owned by Sedgwick to be used by Client and its employees to access the Sedgwick telephonic claims intake center during the term of the Agreement between Client and Sedgwick regarding a claims administration program for Client’s Program as defined in Exhibit A.
B. Shall fill out the appropriate form as required by an applicable program or statute.
C. Provide a copy of the form to Client via fax, mail, or electronically as agreed with Client.
D. Provide a copy of the form via fax, or electronically to the Sedgwick office responsible for managing the loss, as necessary.
2. Client agrees that:
A. Client shall provide Sedgwick in a timely manner information to facilitate distribution of report copies by Sedgwick.
B. Client shall pay to Sedgwick a service fee which, in the initial term of this Agreement, shall be computed and payable as shown in Exhibit B, attached hereto and made a part hereof, plus applicable taxes, if any.
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SIU SERVICE SCHEDULE
Sedgwick Special Investigations Unit (“Sedgwick SIU”) will provide centralized management of investigative service vendors and will maintain a national vendor list of approved service providers based upon client or local Sedgwick office preference. Sedgwick SIU will establish quality benchmarking and ensure its vendors are properly licensed and maintain insurance coverage as mandated in vendor agreements with these firms.
Sedgwick SIU will serve as a central referral and coordination unit providing the following SIU services for the fees itemized in Exhibit B:
1. Assessment services including case review, consultation, action plan development, state fraud filing, claim file demand and fraud packaging.
2. Field services including surveillance, activity checks, alive and well checks, and on-site investigations including recorded statements, AOE/COE, and scene investigations.
3. Research services including comprehensive background checks, internet searches, facility canvasses public records, skip tracing, criminal, civil and asset checks.
4. SIU compliance services including carrier and state annual reporting and fraud awareness training.
5. And, other services as outlined in Exhibit B.
6. The Client retains the right to select the vendor for field and research services.
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OSHA DATABASE SERVICE SCHEDULE
Sedgwick will annually provide the Client OSHA 300 logs, the OSHA 300A and the OSHA 301 forms
MEDICARE REPORTING SERVICES SCHEDULE
To assist the Client in fulfilling Client’s Medicare beneficiary reporting obligations under Medicare, Medicaid and State Children’s Health Insurance Program Extension Act of 2007 (“MMSEA”) Section 111 as set forth in 42 U.S.C. §1395y(b)(7)&(8) and the CMS User Guide (“User Guide”) published on March 16, 2009 (and as amended and revised), Sedgwick will perform the following reporting services:
1. Sedgwick will electronically interface with the Centers for Medicare and Medicaid Services (“CMS”) to capture and report data in the format prescribed by the CMS Specifications.
2. Sedgwick will report directly to CMS on behalf of Client as an Account Designee (reporting agent), as such term is defined in the CMS User Guide as amended from time to time by CMS.
3. Client will be considered a Responsible Reporting Entity (“RRE”) as that term is defined in the User Guide.
a. Client will be responsible for maintaining a valid RRE Identification Number as described in the User Guide and is a condition precedent to Sedgwick preforming the duties under this section. Failure to maintain the RRE Identification Number will result in Sedgwick’s inability to properly report claims on behalf of the Client.
Sedgwick assumes no responsibility for maintaining a valid RRE Identification Number on behalf of the Client.
4. Sedgwick will assist Client as follows:
a. Sedgwick will electronically interface with the Centers for Medicare and Medicaid Services (“CMS”) to capture and report data in the format prescribed by the User Guide.
b. Sedgwick will report directly to CMS on behalf of the Client as an Account Designee (reporting agent), and/or Account Manager as such term is defined in the User Guide. c. Sedgwick will prepare the required data files and submit them to CMS on a periodic basis in order to properly query and report the appropriate files as defined in the User Guide.
5. Sedgwick will be responsible for payment of any and all fines assessed to Client regarding compliance with the Medicare beneficiary reporting requirements of Medicare, Medicaid and SCHIP Extension Act of 2007 that relate to the negligent acts or omissions of Sedgwick except to the extent that:
a. Such fines or penalties are the direct result of specific direction given by Client and/or its agent or the actions or omissions of Client and/or its agent; or
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b. Sedgwick did not receive information from Client that is essential to the performance of the duties set forth herein in a timely manner so as to be able to comply with the terms of this Agreement.
CLINICAL CONSULTATION SERVICES SCHEDULE
If the Client requests, Sedgwick will provide clinical consultation services. Clinical consultation services allow a nurse to speak with the injured employee at the time that the claim is reported in order to make recommendations whether medical intervention is needed. At the time of the initial call to Sedgwick, the injured employee will be transferred to a nurse who will utilize clinical guidelines to assess the injury, recommend immediate return-to-work or refer the claimant to the appropriate medical treatment provider, and document the care recommendation.
The current fee for agreed upon clinical consultation services are set forth in Exhibit B. Fees for this service shall be paid based upon mutual agreed upon terms with Client during the implementation process.
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LOSS CONTROL SERVICES SCHEDULE
A. Description of the Services:
(1) Upon the request of Client, Sedgwick shall provide loss control services (“Loss Control Services”) which may include, but are not limited to, the following:
a. Injury trend review.
b. Job hazard analysis.
c. Safety program review and development.
d. Work site inspections and recommendations.
e. OSHA compliance consultation:
i. Review of OSHA required programs and
ii. Mock OSHA.
f. Safety training:
i. Injury trend specific training:
1. Materials handling;
2. Slip, trip, and fall prevention; and
3. Laceration and contusion prevention.
ii. General safety training; and
iii. OSHA compliance awareness training.
Loss Control Services exclude expert witness testimony; any request to conduct work that would be protected by the attorney client privilege; any loss control or safety training not tied specifically to workers’ compensation risks; and any other work not specifically mentioned in this definition. (2) Sedgwick will provide the Loss Control Services requested by Client on an account by account, location by location basis. Sedgwick may refuse a Loss Control Services request, so long as notice is provided to Client within seven business days of Sedgwick's receipt of said request.
(3) Sedgwick will provide Client with a written report (“Report”) on each visit, setting forth observations, findings, and recommendations, on or before the due date for the project set out in the specific account servicing instructions, unless otherwise mutually agreed in writing after notice to Client of circumstances causing a possible delay beyond such due date in providing the Loss Control Services, which will contain copies of all documents, notes, and other materials relating to the Loss Control Services provided by Sedgwick. All such materials and all reports and correspondence shall be the sole property of Client. (4) In any Report prepared for or provided to the Client, Sedgwick agrees to provide written notice that the loss control survey is not designed to, and does not, identify all potentially unsafe practices or conditions, code violations, and other defects and that Client is responsible for independently identifying and rectifying any unsafe practices or conditions, code violations, and defects on its premises and in its operations.
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B. Disclaimers and Limitations:
(1) All inspections, observations, and recommendations by Sedgwick in its reports are advisory only and intended solely for the purpose of assisting the Client in its decisions about whether to implement any such inspections, observations and recommendations in its loss control and safety procedures. Any such decisions are the sole responsibility of the Client.
(2) All observations and recommendations in any report are based upon (i) practices and conditions of the Client inspected by Sedgwick and (ii) written and/or verbal information provided by the Client to Sedgwick. (3) Sedgwick has not undertaken to verify, and does not warrant or represent, the accuracy or completeness of any such practices, conditions, information, or that any workplaces, operations or machinery are safe.
(4) Sedgwick does not represent or warrant that the observations and recommendations in any Report are fully compliant with local, state or federal laws or regulations applicable to practices and conditions inspected by Sedgwick. The Client is advised to seek legal advice about any such laws or regulations.
(5) Any Report, observation, or recommendation provided by Sedgwick, is for the sole benefit and use of the Client and may not be relied upon by any person or entity other than the Client.
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ERGONOMICS SERVICES SCHEDULE
Upon request of Client, Sedgwick shall perform the following ergonomic services (“Ergonomic Services”) for the fees set forth in Exhibit B.
A. Ergonomic Assessment Report: After the Remote Phone Evaluation or Onsite Evaluation, Company will provide an Ergonomic Assessment Report that may include demographic information about the employee, an understanding of the employee’s primary tasks, the current workstation environment, pictures of the employee at his/her workstation (optional), identified risks, and recommendations. Additionally, if Sedgwick recommends any furniture or equipment such recommendations will be included in the Ergonomic Assessment Report. The Client will be responsible for the implementation of any recommendations, including the purchase of any furniture and/or equipment that Sedgwick provides in the Ergonomic Assessment Report.
B. Ergonomic services are provided by Sedgwick personnel or an ergonomist subcontractor in Sedgwick’s network. These ergonomists are typically either certified by the Board of Certification in Professional Ergonomics (the CPE designation covers the ergonomics field as a whole, practicing in both office and industrial environments), or they hold a PT or OT designation.
C. If the Ergonomic Services are performed as preventative, Sedgwick will bill the Client for the Client selected services. If the Ergonomic Services are performed in connection with a workers’ compensation claim, the fees for the selected services can be charged to the appropriate Qualified Claim file.
Staff Report
Date: June 6, 2023
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering selection of applicants to interview for two seats on the Homeless Strategic Plan Working Group (one
representative that is from, or that has experience working with, the LGBTQI+ community and one representative that is an active owner or manager of a business based in Concord).
Report in Brief
The City Council is being requested to establish a list of candidates to interview for two seats on the Homeless Strategic Plan Working Group (one representative that is from, or has experience working with, the LGBTQI+ community and one representative that is an active owner or manager of a business based in Concord.) Interviews will be conducted, interview questions determined, and appointments made at the June 13, 2023, City Council meeting.
Recommended Action
Select applicants to interview for two seats on the Homeless Strategic Plan Working Group (one representative that is from, or has experience working with, the LGBTQI+ community, and one representative that is an active owner or manager of a business based in Concord.)
Background
The Homeless Strategic Plan Working Group was created by the City Council on December 13, 2023, with the adoption of Resolution No. 22-77. On January 24, 2023, Resolution No. 23-3 was adopted removing the residency requirement for the Business Community Representative, and on May 2, 2023, Resolution No. 23-40 was adopted adding one representative that is from, or has experience working with, the LGBTQI+
9.a9.a9.a9.a
City Council Agenda Report
Agenda Item No. 9.a
June 6, 2023
community, and one representative that is an active owner or manager of a business based in Concord.
The Homeless Strategic Plan Working Group is a Council appointed special-purpose Working Group to advise staff, the consultant team, and the Council on the development of the Homeless Strategic Plan. The Homeless Strategic Plan (Plan) is intended to guide future City efforts and investments related to responding to the impacts from and the needs of Concord’s unsheltered population, using data and fact- based information.
In very broad strokes, the Plan will be developed under Council’s direction and will incorporate:
Strong community engagement/involvement including residents, businesses, individuals with lived experience, service providers, faith-based groups, etc. A working Group, appointed by the Council, to work directly with staff and the consulting team to guide the development of the Plan.
A comprehensive background report which, at minimum, describes:
o Current system and community services, where the services reside, and associated strategies, challenges, and costs.
o Unmet needs, system gaps, and system performance.
o Overview of federal, state, and regional/county data, roles, funding, and strategies.
The development of a vision, goals, and objectives with measurable performance targets.
Development of an implementation plan for the defined objectives, including prioritized recommendations or investment of the money Council has set aside to invest in responding to the impacts from and needs of Concord’s unsheltered population.
The Working Group is comprised of eleven (11) members: two (2) Concord City Councilmembers, one (1) representative with lived experience of being homeless, one (1) representative from a nonprofit homeless services provider, one (1) substance abuse professional, one (1) mental health professional, one (1) Concord resident and property owner, one (1) representative that is either from Concord’s business community or an owner of commercial property in Concord, one (1) representative that is a veteran homeless services provider, one (1) representative that is from, or has experience working with, the LGBTQI+ community and one (1) representative that is an active owner or manager of a business based in Concord. For the lived experience, nonprofit homeless services provider, substance abuse professional, mental health
City Council Agenda Report
Agenda Item No. 9.a
June 6, 2023
professional, and LGBTQI+ community positions, preference shall be given to applicants that are either from or based in Concord.
The Working Group will meet in person once per month, at minimum, for approximately nine to twelve months, and meetings are anticipated to last from 1-3 hours, depending on the agenda. Meetings will be subject to the Brown Act, noticed in advance, and open to the public with opportunities for public comment. Members are expected to attend all meetings, read all materials, and be prepared to listen and engage on the topics discussed.
On May 2, 2023, the Council announced a recruitment for the LGBTQI+ community and active owner or manager of a business based in Concord representatives, and the application period closed on Friday, May 26, 2023. Four (4) applications were received for the LGBTQI+ community representative and eleven (11) applications were received for the active owner or manager of a business based in Concord representative.
Analysis
The Council is being requested to select two applicants to interview for each position in the following categories:
Representative that is from, or has experience working with, the LGBTQI+ community
Representative that is an active owner or manager of a business based in Concord
Applications received for each category (Summary List attached as Attachment 1) LGBTQI+ Community
Dana Johnson
Dawn Koch
Tijuk Fong Kurniadi
Leslie Taylor
Active Owner or Manager of a Business Based in Concord
Jeanette Barger
Myles Burks
Sandi Fraser
Don Freas
Florian Grossu
Amber Hom
City Council Agenda Report
Agenda Item No. 9.a
June 6, 2023
David Litty
Kendra McMasters
Melissa Rea
Jesse Tamplen
Coby Willis
The Council will determine interview questions, interview applicants, and select and appoint Working Group members at the June 13, 2023, City Council meeting.
Financial Impact
There is no financial impact.
Public Contact
The City Council Agenda was posted and applicants were notified.
Attachments
1. Roster of Applicants
2. Applications
Homeless Strategic Plan Working Group
Applicant Summary
LGBTQI+ Community
1. Dana Johnson
2. Dawn Koch
3. Tijuk Fong Kurniadi
4. Leslie Taylor
Active Owner or Manager of a Business Based in Concord
1. Jeanette Barger
2. Myles Burks
3. Sandi Fraser
4. Don Freas
5. Florian Grossu
6. Amber Hom
7. David Litty
8. Kendra McMasters
9. Melissa Rea
10.Jesse Tamplen
11.Coby Willis
Attachment 1
Submit Date: May 09, 2023
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile
HOME ADDRESS
Number of years at above address:
3 Number of years in Concord:
3 Number of years in the county:
54 Number of years at employer:
Employer Address
Which Boards would you like to apply for?
Homeless Strategic Plan Working Group: Submitted
Jeanette Barger
Apex Refrigeration VP Contractor
Jeanette Barger
Attachment 2
Question applies to Homeless Strategic Plan Working Group Are you available for daytime meetings?
Yes No
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Question applies to Homeless Strategic Plan Working Group Please identify the type of position you are applying for * Active Owner or Manager of a Business Based in Concord
Interests and Experience
Question applies to Homeless Strategic Plan Working Group Do you or have you participated in any supply and/or food distribution to the community of unsheltered residents? If so, please explain your experience.
No
Question applies to Homeless Strategic Plan Working Group Describe your most recent interaction with someone who you believe is unsheltered.
We moved our business out of Oakland to Concord due to the homeless, and the lawlessness it created for our work environment.
Question applies to Homeless Strategic Plan Working Group Describe your experience using homeless response programs such as CORE, the Police Department, and non-profit providers.
We moved our business out of Oakland to Concord due to the homeless, and the lawlessness it created for our work environment.
Question applies to Homeless Strategic Plan Working Group Do you have family members or close friends who are or have been unsheltered? Yes No
Jeanette Barger
Upload a Resume
Education and Training
High School
GED
College
Technicial/Vocational Training
Certification or Other
TERMS OF ACCEPTANCE and SIGNATURE
Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.
I Agree *
Electronic Signature - Please type your First and Last Name Jeanette Barger
Jeanette Barger
Submit Date: May 11, 2023
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile
HOME ADDRESS
Number of years at above address:
15 Number of years in Concord:
15 Number of years in the county:
23 Number of years at employer:
Employer Address
Which Boards would you like to apply for?
Homeless Strategic Plan Working Group: Submitted
Myles Burks
Concord tap house Co-owner and operator Entrepreneur
Myles Burks
Question applies to Homeless Strategic Plan Working Group Are you available for daytime meetings?
Yes No
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Question applies to Homeless Strategic Plan Working Group Please identify the type of position you are applying for * Active Owner or Manager of a Business Based in Concord
Interests and Experience
Question applies to Homeless Strategic Plan Working Group Do you or have you participated in any supply and/or food distribution to the community of unsheltered residents? If so, please explain your experience.
Helped with a food drive.
Question applies to Homeless Strategic Plan Working Group Describe your most recent interaction with someone who you believe is unsheltered.
One of the members that go to my church builds these homeless care packages we give out around town.
Question applies to Homeless Strategic Plan Working Group Describe your experience using homeless response programs such as CORE, the Police Department, and non-profit providers.
I’ve called non emergency lines to help homeless people around businesses Question applies to Homeless Strategic Plan Working Group Do you have family members or close friends who are or have been unsheltered? Yes No
Education and Training
Myles Burks
Upload a Resume
High School
Concord High school
College
Technicial/Vocational Training
Certification or Other
TERMS OF ACCEPTANCE and SIGNATURE
Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.
I Agree *
Electronic Signature - Please type your First and Last Name Myles Burks
Myles Burks
Submit Date: May 10, 2023
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile
HOME ADDRESS
Number of years at above address:
4 Number of years in Concord:
My business is in Concord
Number of years in the county:
35 Number of years at employer:
Employer Address
Which Boards would you like to apply for?
Homeless Strategic Plan Working Group: Submitted
Sandi Fraser
CheckPoint President Human Resources/Payroll
Sandi Fraser
Question applies to Homeless Strategic Plan Working Group Are you available for daytime meetings?
Yes No
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Question applies to Homeless Strategic Plan Working Group Please identify the type of position you are applying for * Active Owner or Manager of a Business Based in Concord
Interests and Experience
Question applies to Homeless Strategic Plan Working Group Do you or have you participated in any supply and/or food distribution to the community of unsheltered residents? If so, please explain your experience.
I've volunteered with both food pantries and food distribution through The Fathers House. I've also volunteered for a woman's shelter for 6 years.
Question applies to Homeless Strategic Plan Working Group Describe your most recent interaction with someone who you believe is unsheltered.
My nephew is unhoused and is experiencing mental illness. My son has worked for homeless organizations and managed the Transgender division of a large homeless service organization. I met some of his clients and learned first-hand about the relationship between trans people and homelessness. (My son is trans.)
Question applies to Homeless Strategic Plan Working Group Describe your experience using homeless response programs such as CORE, the Police Department, and non-profit providers.
I've contacted non-profit shelters to find temporary housing for several people experiencing homelessness.
Sandi Fraser
Upload a Resume
Question applies to Homeless Strategic Plan Working Group Do you have family members or close friends who are or have been unsheltered? Yes No
Education and Training
High School
Graduated with honors
College
Graduated from California State University of Fresno's Business department (BS) with honors.
Technicial/Vocational Training
Certification or Other
I've run a local business for 30 years.
TERMS OF ACCEPTANCE and SIGNATURE
Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.
I Agree *
Electronic Signature - Please type your First and Last Name Sandra Fraser
Sandi Fraser
Submit Date: May 04, 2023
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile
HOME ADDRESS
Number of years at above address:
45 Number of years in Concord:
26 Years Business in Concord
Number of years in the county:
61 Number of years at employer:
Employer Address
Which Boards would you like to apply for?
Homeless Strategic Plan Working Group: Submitted
Don Freas
Freas Plastering Company, Inc. CEO / Owner CEO
Don Freas
Question applies to Homeless Strategic Plan Working Group Are you available for daytime meetings?
Yes No
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Question applies to Homeless Strategic Plan Working Group Please identify the type of position you are applying for * Active Owner or Manager of a Business Based in Concord
Interests and Experience
Question applies to Homeless Strategic Plan Working Group Do you or have you participated in any supply and/or food distribution to the community of unsheltered residents? If so, please explain your experience.
Since 2019 I have experienced working along side groups that do distribute food and supplies on Friday's in Martinez through the Bay Church Shower Trailer. Starting in 2020, I have personally supplied food and supplies to Camp Hope. Camp Hope was COVID emergency measure homeless encampment which was closed at the end of 2022.
Question applies to Homeless Strategic Plan Working Group Describe your most recent interaction with someone who you believe is unsheltered.
Yesterday at the Martinez Marina Bocce Courts sharing pizza and prayer with 2 unhoused. Last Friday I volunteered at the Bay Church Showers Trailer in Martinez @ the Marina in which we had about 40 unsheltered guest take showers.
Question applies to Homeless Strategic Plan Working Group Describe your experience using homeless response programs such as CORE, the Police Department, and non-profit providers.
Most Fridays, through the Bay Church, I volunteer along side the Martinez police, CORE, Veterans, John Muir, Passion in the Streets and White Pony serving the Martinez unhoused. Also, for several years, I volunteered at Camp Hope for several years. Camp hope was an emergency homeless encampment that closed end of last year.
Don Freas
Upload a Resume
Question applies to Homeless Strategic Plan Working Group Do you have family members or close friends who are or have been unsheltered? Yes No
Education and Training
High School
College Park High School class of 1969
College
No
Technicial/Vocational Training
From 1969 - 1973 was trained through a 4 year San Francisco Plaster Apprenticeship - www'freasplastering.com for more vocational detail.
Certification or Other
From 2000 - 2015 served as a trustee on a multi employer Pension Plan From 2010 to present I am a volunteer with The Bay Area Chaplains serving The Martinez Jail.
TERMS OF ACCEPTANCE and SIGNATURE
Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.
I Agree *
Electronic Signature - Please type your First and Last Name Don Freas
Don Freas
Homeless Strategic Plan Working Group
Concord city Council
Mayor Laura Hoffmeister
Vice Mayor Edi Birsan
Councilmember Dominic Aliano
Councilmember Laura Nakamura
Councilmember Carlyn Obringer
I see that the council still has an opening for the Homeless Strategic Plan working group in the Concord Business / Commercial property owner category. I would like to share with each of you, a more detailed information about me.
Concord history
• 1962 moved from Ohio to Concord on North 6th street.
• Lived on North 6th street from 1962 to 1965 where I attended Holbrook Elementary and Glenbrook Intermediate.
• During my 8th grade year we moved from Concord to Pleasant Hill where I attended Valley View Intermediate until I graduated from College Park in 1969 • Moved to Parkside Gardens Apartments in Concord in 1970 • Got Married to Audree Packett in 1976
• In 1976 we bought our first home on Mohr Lane Concord. • We bought our home @ 1942 Lucille Lane, Pleasant Hill 1n 1978. (We are still at that address).
Concord Business History (Please see our web page for business history). www.freasplastering.com • We bought our commercial property @ 2680 Cloverdale Ave in Concord 2002. • We moved our Business to Concord in 1997. (Still in Concord) Homelessness working Experience
• In 2018 I started volunteering & serving the Homeless in Martinez through Bay Church’s Clean Start Compassion Ministry https://vimeo.com/745472536 where I am still serving. • In 2020 I started severing the Martinez Homeless @ Camp Hope through the Homeless Action Coalition https://homelessactioncoalition.org/ until the Camp was shut down end of 2022. • Starting In 2020 on Sunday mornings, I joined in with several pastors meeting with some of the Martinez homeless @ the Martinez Marina providing breakfast and Bible Study.
I really would look forward in serving the Concord Homeless with you to address the immediate needs, and to have some input with a long-term strategic plan.
References:
Bay Church: Carey Greg 925-458-9100
Homeless Action Coalition: Noralea Gipner 925-324-3393
Sunday Mornings @ The Marina: Pastor Aaron Jeffus 925-238-1773 Don Freas, CEO
Freas Plastering Company, Inc.
2680 Cloverdale Ave.
Concord, CA 94518
925-676-8964 w
925-765-0410 c
[email protected]
www.freasplastering.com
[email protected]; [email protected]; [email protected]; [email protected]; [email protected];
Submit Date: May 08, 2023
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile
HOME ADDRESS
Number of years at above address:
4 Number of years in Concord:
6 Number of years in the county:
33 Number of years at employer:
Employer Address
Which Boards would you like to apply for?
Homeless Strategic Plan Working Group: Submitted
Florian Grossu
Finish Logic, Inc. CEO Owner
Florian Grossu
Question applies to Homeless Strategic Plan Working Group Are you available for daytime meetings?
Yes No
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Question applies to Homeless Strategic Plan Working Group Please identify the type of position you are applying for * Active Owner or Manager of a Business Based in Concord
Interests and Experience
Question applies to Homeless Strategic Plan Working Group Do you or have you participated in any supply and/or food distribution to the community of unsheltered residents? If so, please explain your experience.
I participated in a community outreach initiative with my church group, I did this this and various other acitivties.
Question applies to Homeless Strategic Plan Working Group Describe your most recent interaction with someone who you believe is unsheltered.
Day to day interactions typically at work, we have a significant amount of unsheltered persons traffic/encampments directly across from my business. last week a person asked for some of my old barrels to make a raft to float in the creek adjacent to the shelter. I declined.
Question applies to Homeless Strategic Plan Working Group Describe your experience using homeless response programs such as CORE, the Police Department, and non-profit providers.
Core i see regularly responding the encampments adjacent to my business. I contact law enforcement agencies regularly to help with issues that come up. I coordinate with CalTrans for encampment clean ups.
Florian Grossu
Upload a Resume
Question applies to Homeless Strategic Plan Working Group Do you have family members or close friends who are or have been unsheltered? Yes No
Education and Training
High School
Las Lomas
College
DVC
Technicial/Vocational Training
Certification or Other
TERMS OF ACCEPTANCE and SIGNATURE
Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.
I Agree *
Electronic Signature - Please type your First and Last Name Florian Grossu
Florian Grossu
Submit Date: May 15, 2023
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile
HOME ADDRESS
Number of years at above address:
7 Number of years in Concord:
25 Number of years in the county:
34 Number of years at employer:
Employer Address
Which Boards would you like to apply for?
Homeless Strategic Plan Working Group: Submitted
Amber Hom
Realm Real Estate Owner/Managing Partner Realtor
Amber Hom
Question applies to Homeless Strategic Plan Working Group Are you available for daytime meetings?
Yes No
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Question applies to Homeless Strategic Plan Working Group Please identify the type of position you are applying for * Active Owner or Manager of a Business Based in Concord
Interests and Experience
Question applies to Homeless Strategic Plan Working Group Do you or have you participated in any supply and/or food distribution to the community of unsheltered residents? If so, please explain your experience.
Yes I have volunteered with Loaves and Fishes in the past.
Question applies to Homeless Strategic Plan Working Group Describe your most recent interaction with someone who you believe is unsheltered.
My office is located at 2600 Salvio St. Concord. I encounter unsheltered people often at my office and the surrounding area.
Question applies to Homeless Strategic Plan Working Group Describe your experience using homeless response programs such as CORE, the Police Department, and non-profit providers.
I have had some experience with the police department when it comes to working with working with the unsheltered. The response time and my interactions have been very good. The officers appeared to care and offered resources.
Question applies to Homeless Strategic Plan Working Group Do you have family members or close friends who are or have been unsheltered? Yes No
Amber Hom
Upload a Resume
Education and Training
High School
Christian Center School Pittsburg CA
College
Los Medanos College Pittsburg CA
Technicial/Vocational Training
Certification or Other
California Real Estate License #01281043 Certified Senior Real Estate Specialist TERMS OF ACCEPTANCE and SIGNATURE
Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.
I Agree *
Electronic Signature - Please type your First and Last Name Amber Hom
Amber Hom
Amber Hom, Realtor with 20 Years of Experience
Phone: 925-588-1111 Email: [email protected]
LinkedIn: https://www.linkedin.com/in/amberhom/
Summary: Highly experienced and dedicated realtor with a successful track record spanning over 20 years. Proficient in all aspects of real estate transactions, including property valuation, marketing, negotiation, and client relationship management. Committed to providing exceptional service and achieving optimal results for clients. Known for a strong work ethic, attention to detail, and a deep understanding of the local real estate market.
Professional Experience:
Realtor | 2007- Present, Realm Real Estate, Concord
Serve as a trusted advisor to buyers and sellers throughout the entire real estate process.
Conduct comprehensive market research and analysis to determine property values and develop effective pricing strategies. Develop and implement customized marketing plans to maximize property exposure and attract qualified buyers.
Negotiate and finalize contracts, ensuring favorable terms and conditions for clients.
Coordinate and oversee property inspections, appraisals, and other necessary steps in the closing process.
Provide ongoing support and communication to clients, addressing their needs and concerns promptly.
Utilize the latest technology and tools to streamline processes and enhance client experiences.
Consistently achieve sales targets and earn positive client testimonials and referrals.
Account Manager | 2000 - 2007 Chicago Title, Walnut Creek
Managed a diverse portfolio of escrow accounts, ensuring accurate and timely processing of real estate transactions.
Collaborated with real estate agents, lenders, attorneys, and other parties to facilitate smooth closings.
Prepared and reviewed closing documents, ensuring compliance with legal and regulatory requirements.
Resolved complex title issues, coordinating with title examiners and attorneys when necessary.
Provided exceptional customer service, addressing client inquiries and concerns in a professional and timely manner.
Membership Coordinator | 1998 - 2000 Contra Costa Association of Realtors, Walnut Creek
Managed membership applications, renewals, and database updates for a professional real estate association.
Organized and facilitated educational events, seminars, and networking opportunities for members.
Assisted with member inquiries, providing information on association programs, services, and benefits.
Maintained accurate membership records and generated reports as required.
Skills:
Extensive knowledge of local real estate market trends and conditions Strong negotiation and communication skills
Effective marketing and advertising strategies
Proficient in property valuation and pricing analysis Excellent customer service and relationship-building abilities Attention to detail and organization.
Familiarity with real estate laws, regulations, and contracts Technology savvy and proficient in industry-specific software References: Available upon request
!"
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Dana Johnson, MSW
For Inquires Email: [email protected]
Website: www.rainbowcc.org
Primary Contact Number: 925-692-0090 x704
Secondary Contact Number: 650-679-5663
Dana Johnson, MSW (they/ them/ theirs) is motivated in assisting in the implementation of inclusive policies and programs. I am passionate about providing social justice, activism, diversity, LGBTQIA+ services, and equitable and inclusive services to marginalized communities.
Education Areas of Specialization
¾ California State University Eastbay
Master’s degree in Social Work, September 2006
¾ San Francisco State University
Bachelor’s degree in Criminal Justice Studies, January 2004 ¾ Diversity, Equity, Inclusion and Belonging
(DEI&B)
¾ LGBTQIA+/ SOGIE Instructor
¾ LGBTQIA+ Youth Homelessness
¾ Social Justice and Juvenile Justice Services
¾ LGBTQ+ Activism, Services and Programs
¾ Reformative and Rehabilitative Programs
Publications
Author- TherActivist: They/Them/Theirs- Memoir book embracing lived experience of Black Queer culture, intersectionality, identity, trans visibility, social justice, diversity, equity, and inclusion.
TherActivist: They/ Them/ Theirs Book
Co-Producer of Documentary- TherActivist: They/Them/Theirs- Short Documentary embracing lived experience of Black Queer culture, intersectionality, identity, trans visibility, allyship, social justice, diversity, equity, and inclusion. TherActivist Documentary Trailer (available at www.theractivist.com )
Employment Experience
Rainbow Community Center Contra Costa County, (4/2022- Current) Director, Youth Housing & Trainer
https://www.rainbowcc.org/our-team
¾ Oversee the Youth Housing Program- Homeless Transitional Age Youth Program (HTYP) and Housing Educational Technical Assistance Coordinator (HETAC) program. o Services provided in the HTYP program includes servicing intersectional, marginalized, LGBTQIA+, Transitional Age Youth (TAY) Victims of Crime (VOC), ages 12-24, and individuals within the Juvenile Justice and Foster Care System. Client services include providing culturally expansive case management, temporary hoteling, transportation/rideshare program, food assistance, clothing assistance, relocation financial aid, medication support, legal resources and support, counseling services, youth support groups, housing for those at risk of houselessness, and permanent supportive housing assistance.
o Services Provided in the HETAC program includes professional development training, support, and technical assistance to 24 Northern CA and 58 overall COEs throughout California to best support and provide resources to LGBTQIA+ students.
¾ Build, implement, manage, and evaluate as detailed in this project’s Scope of Services as outlined in our partnership agreement with CCCOE.
¾ Work effectively with a diverse and intersectional colleague, client, network partner, and community population.
¾ Hire and directly supervise the Youth Housing Research Manager and Youth Housing Case Manager ¾ Establish and maintain purposeful, clear, and respectful working relationships and be a part of an organizational team that includes clinicians, administrative staff, program staff, and our board of directors. ¾ Provide formal and informal reports and updates to Executive Director, Leadership Team ¾ Track, manage, and advise program budgets for all programming overseen.
¾ Represent and present at and within community events, coalitions, trainings, workshops, and collaboratives.
San Mateo County PRIDE Initiative Co-Chair, (11/2016-Current) San Mateo County Office of Diversity and Equity (ODE)
www.smchealth.org/pride-initiative
¾ Co-Chair of San Mateo County Health Equity Pride Initiative, one of the nine Health Equity Initiatives in San Mateo County.
¾ Provide an inclusive environment and group based on equality and parity for lesbian, gay, bisexual, transgender, queer, questioning (LGBTQ+) community members of San Mateo County. ¾ Adopt an interdisciplinary and inclusive approach to collaborating with individuals, organizations, and providers that work to ensure that services are sensitive and respectful of LGBTQ+ issues. ¾ I have led the ground-breaking annual San Mateo County Pride Celebration for nine years. This critical event is where I have practiced executive leadership skills in collaboration with the Office of Diversity & Equity (ODE), the SMC Pride Center, LGBTQ Commission, and multiple community groups. ¾ Provide SOGIE education and resources to community members and organization.
TherActivist- Entrepreneurship, Queer Author and Filmmaker www.theractivist.com ¾ Author, TherActivist: They/ Them/ Theirs- “Narrative embracing Intersectionality, Identity, Diversity, equity and inclusion, Trans Visibility, allyship, and Social Justice.” ¾ Documentary Filmmaker, TherActivist: They/ Them/ Theirs- “Short documentary embracing Black Queer culture, Nonbinary lived experience, Identity, Intersectionality, Inclusion, Trans Visibility, allyship, and Social Justice.”
¾ Provide “therapeutic activism” while embracing social justice, diversity, equity, inclusion and belonging (DEI&B) services to LGBTQIA+ community members, POC communities and marginalized community members.
¾ Provide LGBTQIA+, SOGIE and DEI&B consulting services to organizations, private and public business sector, nonprofit, government agencies, and individuals. ¾ Professional Development Instructor- Provide LGBTQIA+ trainings and workshops; panelist appearances; and public speaking to: organizations, agencies, community groups, and individuals.
Santa Clara County Behavioral Health Services Department (part time) Peer Support Worker- The Q Corner, Santa Clara, CA. 10/2021-4/2022 ¾ Inform peers regarding the wellness and recovery process, including the consumer/family, self-help and empowerment movements and self-help practices in support of mental health recovery. ¾ Communicate, represent, and promote the peer perspective within the mental health system. ¾ Provide peer assistance and mentoring on a one-to-one basis. ¾ Advocate for peers in the development of a strength-based wellness and recovery plan. ¾ Develop effective working relationships with agencies and organizations to advocate for consumer and family/caregiver empowerment including self-help and wellness/recovery. ¾ Provide outreach to peers in the community.
¾ Assist peers in navigation of the mental health system, referral to various county agencies, community mental health organizations, accessing benefits, personal medical services, social and recreational opportunities, special events, conferences, workshops, and training.
Group Supervisor
San Mateo County Probation Department, (SMC) San Mateo, CA. (6/2005- 2/2022) ¾ Assign, direct, train and review the work of a team of Group Supervisors I and II to ensure proper operation of the unit. Hold position of Lead Officer of the Day at Camp Kemp in absence of Institutional Service Manager.
¾ Provide care, safety, security, and co unseling to individuals and groups of diverse at-risk and marginalize youth.
¾ Confer with and advise staff on evidence base services, treatment of behavioral problems and maintenance of discipline.
¾ Interact in parent projects, IEP meetings, multi-disciplinary team meetings, and inter-agency collaboration to better serve detained marginalized youth.
¾ Facilitated rehabilitation programs, evidence base services and programs, and intervention/prevention
programs for detained justice involved youth.
¾ *** Provided Professional Development LGBTQIA+ and SOGIE trainings for San Mateo County (SMC) law enforcement staff.
Deputy Probation Officer
San Mateo County Probation Department 9/2018-8/2019
¾ Supervised the welfare and conduct of adults on probation and of juveniles who are under the jurisdiction of the Juvenile Court and assist them to comply with court orders. ¾ Identified treatment, educational, employment or other programs needed by the probationer; provide community resources, make referrals, and follow up to verify and evaluate services received. ¾ Consulted with professionals in the fields of law enforcement, medicine, religion, law, and mental health.
Community Leadership
San Mateo County LGBTQ Commissioner, 8/2019-Current, https://lgbtq.smcgov.org/ Board of Director, Rainbow Community Center Contra Costa County (4/2021- 4/ 2022) https://www.rainbowcc.org/board-of-directors
Board Member, CoastPride LGBTQIA+ Center (4/2022- Current) https://coastpride.org/about
Fellow, Equality California Institute LGBTQ+ Leadership Academy, 8/27/2020 https://www.eqca.org/our-work/our-programs/
Inaugural Class 2022, Leadership Council San Mateo County https://leadershipcouncilsmc.org/inaugural-leadership-corps-class/ Recognize, Intervene, Support, Empower (RISE) Trainer, Los Angeles LGBT Center https://rise.lalgbtcenter.org/lgbtq-training-and-coaching-intensive-tci/ Crossroads Cognitive Skills Facilitator, National Curriculum & Training Institute https://www.ncti.org/programs/complete-behavior-change-system/training/ Santa Clara County Transgender Coalition- Custody subcommittee co-lead, 1/2021-Current Acknowledged as an African American Community Leader, from County of San Mateo- Government social media Facebook site, 8/7/2020.
Commendation: San Mateo County Women in Government Award Nominee, for Outstanding, Commitment and Service, 12/16/2019
Public Speaking/ Speech:
¾ SMC Redwood City County Center, Transgender Day of Remembrance Flag Raising, 11/2020 ¾ SMC Redwood City County Center, LGBTQ+ Flag Raising, 6/2020 ¾ Redwood City Council- RWC Courthouse Square, LGBTQ+ flag raising, 6/2020 ¾ Half Moon Bay Public Library, LGBTQ+ Flag Raising, 6/2020 ¾ San Carlos City Council- City Hall, LGBTQ+ Flag Raising, 6/2020 Accepted Proclamation, Transgender Day of Remembrance (TDoR), San Mateo County Board of Supervisors, 11/2018, 11/2019, 11/2020
Accepted Proclamation, LGBTQ+ Pride Month:
¾ San Mateo County Board of Supervisors, 6/2018, 6/2019, 6/2020, 6/2021 ¾ Redwood City Council Meeting, 6/2020, 6/2021
¾ CoastPride Half Moon Bay, 6/2020, 6/2021
¾ San Carlos City Council Meeting, 6/2020, 6/2021
Union Board Representative- Union Representative Probation Department Negotiation team, San Mateo County Probation Department (1/2017- 12/2019) Interview Panelist:
¾ San Mateo County Probation Department Interns Interviews, 1/8/ 2019 ¾ San Mateo County LGBTQ Commissioners Interviews, 7/28/2020, 7/30/2020 SMC Community Membership: African American Community Initiative (AACI), LGBTQ+ Collaborative, Diversity an
d Equity Council (DEC), Health Equity Initiative (HEI) Co-chairs Collaborative. Transmission Retreat Workshop & Group Facilitator,
¾ Non-Binary Infinite and People of Color (POC) group, Summer 2019
Submit Date: May 24, 2023
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile
HOME ADDRESS
Number of years at above address:
1 Number of years in Concord:
0 Number of years in the county:
0 Number of years at employer:
Employer Address
Which Boards would you like to apply for?
Homeless Strategic Plan Working Group: Submitted
Dawn Koch
Michael Edgar CEO Care Provider
Dawn Koch
Question applies to Homeless Strategic Plan Working Group Are you available for daytime meetings?
Yes No
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Question applies to Homeless Strategic Plan Working Group Please identify the type of position you are applying for * LGBTQI+ Representative (from or has experience working with LGBTQI+ community) Interests and Experience
Question applies to Homeless Strategic Plan Working Group Do you or have you participated in any supply and/or food distribution to the community of unsheltered residents? If so, please explain your experience.
Volunteered at Glide Memorial church in several of their departments.
Question applies to Homeless Strategic Plan Working Group Describe your most recent interaction with someone who you believe is unsheltered.
I actively volunteer with Night ministry in San Francisco and with Hillsong Church Question applies to Homeless Strategic Plan Working Group Describe your experience using homeless response programs such as CORE, the Police Department, and non-profit providers.
Not a great idea to involve the police. I have been homeless myself just recently receiving my housing through Episcopal Community Services
Question applies to Homeless Strategic Plan Working Group Do you have family members or close friends who are or have been unsheltered? Yes No
Dawn Koch
Upload a Resume
Education and Training
High School
Howell High School Farmingdale, New Jersey 1989-1993
College
Technicial/Vocational Training
Certification or Other
TERMS OF ACCEPTANCE and SIGNATURE
Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.
I Agree *
Electronic Signature - Please type your First and Last Name Dawn Marie Koch
Dawn Koch
Dawn Koch (She/her)
CONTACT
(628) 264-3164
[email protected]
m
OCCUPATIONAL SKILLS
● Harm Reduction
● Case Management
● De-escalation
● Trauma Informed Care
● Motivational
Interviewing
● DEI Awareness
● Overdose
Prevention/Narcan
● HIPPA
● Crisis Intervention
(CPI)
● Interim Housing
● Therapeutic
Communication
TECHNOLOGY SKILLS
● Google Suite
● ONE System (San
Francisco’s HUD-
compliant HMIS
system)
● One Degree
● MIcrosoft Office Suite
● Adobe
● T ype 75 wpm
CHARACTERISTICS
● Empathetic
● Active Listener
● Compassionate
EDUCATION
High School Diploma
Howell High School
Associate Degree AAS
PROFESSIONAL TRAINING AND CERTIFICATIONS
Social Sector Services Employment Training
(SSSET): 2023
Episcopal Community Services (ECS): San Francisco, CA
●
Completed 36 hours of classroom training in social
sector fundamentals including harm reduction, trauma
informed care, motivational interviewing, case
management, domestic violence awareness, and DEI
awareness
● Completed 36 hours of social sector hard skills-
training and credentialing in Interim Housing,
Confidentiality, and HIPAA, and Crisis Intervention
● Completed 10 hours of digital literacy and workplace
technologies training in Google Suite, One System,
and One Degree
● Completed 36-hour on-site job shadow
Nonviolent Crisis Intervention Certification 2023
Crisis Prevention Institute (CPI)
Overdose Prevention and Narcan Training: 2023
National Harm Reduction Coalition
CPR/First Aid Certification 2023
American Heart Association (via Adams Safety Training)
WORK HISTORY
In Home Care Provider May 2022-July 2022
HomeBridge, San Francisco, CA
● Tr
auma informed care
● Re
spected clients confidentiality
● Tr
eated clients with dignity and respect; maintained
boundaries
Outreach-HarmReduction June 2016-June 2019
Glide Foundation, San Francisco, CA
● Ma
intained confidentiality among clients
● Ca
se management
● He
lped facilitate groups
Unit Support Associate June 1998-November 1999
Monmouth Medical Center, Long Branch, NJ
● Wo
rked in a level 3 NICU Page 38 of 80
Heald College San Francisco ● A
chieved my CNA in Pediatrics
Food Service Worker September 1995-June 1998
Monmouth Medical Center, Long Branch, NJ
● I
was one of the first three people off the welfare to
work program
● W
orked in catering in the dietary program for
executive events
Submit Date: May 11, 2023
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile
HOME ADDRESS
Number of years at above address:
2 Number of years in Concord:
14 Number of years in the county:
22 Number of years at employer:
Employer Address
Which Boards would you like to apply for?
Homeless Strategic Plan Working Group: Submitted
Tjiuk Fong Kurniadi
San Francisco Community
Health Center HR Manager
Benefits administrator,
onboarding new hires
Tjiuk Fong Kurniadi
Question applies to Homeless Strategic Plan Working Group Are you available for daytime meetings?
Yes No
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Question applies to Homeless Strategic Plan Working Group Please identify the type of position you are applying for * LGBTQI+ Representative (from or has experience working with LGBTQI+ community) Interests and Experience
Question applies to Homeless Strategic Plan Working Group Do you or have you participated in any supply and/or food distribution to the community of unsheltered residents? If so, please explain your experience.
Yes, I have participated and continue to participate in supply and/or food distribution to the community of unsheltered residents. I work at San Francisco Community Health Center, a non-profit agency, located in Tenderloin area of San Francisco. Every day, we serve hot breakfast and coffee for the surrounding communities (unsheltered, people experiencing substance use, mental health challenges, and others). We have holiday festivities as well, such as SF Pride Event, Thanksgiving, Christmas, etc.
Question applies to Homeless Strategic Plan Working Group Describe your most recent interaction with someone who you believe is unsheltered.
Someone came to the office and he had 2 carts and a dog. We said hello and I asked if he'd like to store his belongings in a safe place while he gets breakfast. At first he was hesitant, but I showed him the storage room which is locked and I have the key. He left his belongings there, I wrote his name on a paper and taped it to the carts and locked the room. He took the dog to the drop-in room and had meals.
It is important to remember that every one must be treated as a human being. Say hello, ask how they are, ask their name.
Tjiuk Fong Kurniadi
Upload a Resume
Question applies to Homeless Strategic Plan Working Group Describe your experience using homeless response programs such as CORE, the Police Department, and non-profit providers.
I don't have any experience using the homeless response programs, such as CORE or the police department. However, I work for a non-profit provider in San Francisco, who provides medical, behavioral and dental health and case management.
Question applies to Homeless Strategic Plan Working Group Do you have family members or close friends who are or have been unsheltered? Yes No
Education and Training
High School
College
Technicial/Vocational Training
Certification or Other
TERMS OF ACCEPTANCE and SIGNATURE
Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.
I Agree *
Electronic Signature - Please type your First and Last Name Tjiuk Kurniadi
Tjiuk Fong Kurniadi
Submit Date: May 09, 2023
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile
HOME ADDRESS
Number of years at above address:
11 Number of years in Concord:
20 Number of years in the county:
20 Number of years at employer:
Employer Address
Which Boards would you like to apply for?
Homeless Strategic Plan Working Group: Submitted
David Litty
Windows & Beyond Owner/COO
Window & Door Sales &
Installation
David Litty
Question applies to Homeless Strategic Plan Working Group Are you available for daytime meetings?
Yes No
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Question applies to Homeless Strategic Plan Working Group Please identify the type of position you are applying for * Active Owner or Manager of a Business Based in Concord
Interests and Experience
Question applies to Homeless Strategic Plan Working Group Do you or have you participated in any supply and/or food distribution to the community of unsheltered residents? If so, please explain your experience.
Food sorting/collecting regularly for 10yrs w/ Contra Costa/Solano Food Bank. Created & ran Rotary Club of Concord 'RotaVest' (garden harvesting) for 3 yrs donating to Salvation Army & assisted at food distribution days in the past
Question applies to Homeless Strategic Plan Working Group Describe your most recent interaction with someone who you believe is unsheltered.
Interacted with an elderly lady that usually (& politely) asks for assistance by greeting you first, then asking for help & I responded with conversation & gave her the single dollars & $5 bill I had on me. Have seen, conversed & assisted often in the SportsBasement shopping plaza on Ygnacio Valley Blvd & you know she's unsheltered but carries herself with as much dignity & cleanliness as she can muster with what she has in her small push cart.
David Litty
Upload a Resume
Question applies to Homeless Strategic Plan Working Group Describe your experience using homeless response programs such as CORE, the Police Department, and non-profit providers.
CA: Monument Crisis Center volunteer in the past for food distribution, Concord Rotary & District5160 Rotary multiple homeless outreach programs (ex. Lady Bug menstrual packages, build & distribute; community feeds/dinners FL: Rebuilding Together America & Habitat for Humanity build-outs for & with the assistance of the unsheltered receiving those new units and United Way Day of Caring where led up to 400 volunteers to clean/paint/upgrade Broward County Homeless Shelter properties Question applies to Homeless Strategic Plan Working Group Do you have family members or close friends who are or have been unsheltered? Yes No
Education and Training
High School
Tuscarawas Central Catholic HS, New Philadelphia, OH
College
Kent State University - AA The Ohio State University - BSLA John F. Kennedy University - EIL Graduate Technicial/Vocational Training
Construction Supervision Field Training, The Theodore Brickman Companies Rotary District 5160 Camp Venture Co-Chair (2yrs), Counselor (6yrs) - Entrepreneurial Camp for HS Juniors Certification or Other
CERT (Crime Prevention Through Environmental Design) Certification, Sarasota Police Dept Leadership Broward Graduate
TERMS OF ACCEPTANCE and SIGNATURE
Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.
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Electronic Signature - Please type your First and Last Name David Litty
David Litty
David A. Litty
930 Lee Lane Concord, CA 94518 l 954-347-1974
[email protected]
SUMMARY/STRENGTHS
-Experienced Leader/Manager of multiple CapEx improvement initiatives, both design & implementation, large & small -Experienced Landscape Architect with large-scale resort, university, park & mixed-use project design & construction -Collaborative team-builder/coach/mentor in both professional career & philanthropic endeavors -Professional ‘Expeditor’ & problem-solver scaling from Fortune100 resources to entrepreneurially limited resources -Results-oriented & consensus-building ‘Servant Leader’ outlook & operating method in life/work
PROFESSIONAL
Feb/2022 – Present Windows & Beyond
Co-Owner & COO. Purchased business & overseeing team of 5 other employees that educates, designs, sells & installs residential window, door, skylight & ancillary hardware products to homeowners, contractors, brokers, developers
Sep/2019 – Feb/2022 TEAMWRKX Construction
Pre-Construction VP. Implemented & oversaw new department in a standard commercial GC that added design, design mgmt, permitting & any services before construction necessary to ensure successful completion of any project to capture more projects in the planning stages
Sep/2005 - Present Enclave Enterprises, LLC
Owner. Oversees the design and construction of retail, commercial and hospitality projects .
Emphasis on turn- key owner solutions & CapEx rollout s: design, construction, effic iency programming, lighting, equipment and comprehensive cost recovery services. Manages affiliates, vendors, consultants & sub-contractors, depending on project/client needs.
Jun/1998 – Jun/2006 AutoNation, Inc.
Manager, Corporate Real Estate Services. Oversaw the planning, design and construction of retail & service corporate properties. Included, but not limited to , managing 6 staff; hiring design & construction teams; managing projects ranging from $500,000 to $12,000,000 with annual average of 15- 18 projects totaling $35,000,000; public speaking, attended public hearings & permitting negotiations and assisted in new site selection on a national scale.
Nov/1987 - Jan/1998 Edward D. Stone Jr. & Associates (EDSA) Associate. Oversaw & performed the design of comm. land planning, landscape architectural & design projects. I ncluded, but not limited to, scheduling and managing projects ranging from $400,000 to $3,500,000 fees only; managing a site studio of 50 employees for 2yrs in Puerto Rico; 1yr embedment in government transit organization managing 5 urban transit station projects ; & temporary residencies in Germany & France for project & construction oversight.
EDUCATION
2013 Institute of Entrepreneurial Leadership, JFK University Graduate 1995 Crime Prevention Through Environmental Design (CPTED) Graduate, Responsible Urban Design with the City of Sarasota Police Department
1985 The Ohio State University BS Landscape Architecture. Honors; emphasis City Planning
PERSONAL
2011 – present Rotary Club of Concord Rotary Major Donor, Paul Harris Society; Past-President 2017-18, Vocational Dir (2015-17, 2020-present), Membership Director 2014; PR Dir 2013 2001 – present Leadership Broward Foundation Class XX Graduate; Class XXI Program Day Facilitator; Lifetime Member 2004
1985 – present The Ohio State University Alumni Association Lifetime Member 2000 – 2006 Rebuilding Together America Board Member; Steering Committee; Captain; Volunteer 1993 – 2006 United Way Day of Caring Steering Committee, Volunteer 2000 – 2001 CenterOne/Community Healthcare (now APFL) Board Member; PR & Marketing Chair 1995 – 1999 Habitat for Humanity Design Consultant Exteriors; House Captain; Volunteer 1990 – 1997 Big Brothers & Big Sisters, Taste of Fort Lauderdale Festival Organizing & Design Committee; Site Planning, Set-up and Volunteer
Submit Date: May 09, 2023
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile
HOME ADDRESS
Number of years at above address:
2 Number of years in Concord:
4 Number of years in the county:
42 Number of years at employer:
Employer Address
Which Boards would you like to apply for?
Homeless Strategic Plan Working Group: Submitted
Kendra Mcmasters
Chairs For Affairs Party Rentals Owner Owner
Kendra Mcmasters
Question applies to Homeless Strategic Plan Working Group Are you available for daytime meetings?
Yes No
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Question applies to Homeless Strategic Plan Working Group Please identify the type of position you are applying for * Active Owner or Manager of a Business Based in Concord
Interests and Experience
Question applies to Homeless Strategic Plan Working Group Do you or have you participated in any supply and/or food distribution to the community of unsheltered residents? If so, please explain your experience.
I have not
Question applies to Homeless Strategic Plan Working Group Describe your most recent interaction with someone who you believe is unsheltered.
None recently. The last time was probably when I encountered a young man with a "homeless, looking for work" sign by the freeway exit in Pleasant Hill and I offered him my business card in case he was interested.
Question applies to Homeless Strategic Plan Working Group Describe your experience using homeless response programs such as CORE, the Police Department, and non-profit providers.
No experience
Question applies to Homeless Strategic Plan Working Group Do you have family members or close friends who are or have been unsheltered? Yes No
Kendra Mcmasters
Upload a Resume
Education and Training
High School
Las Lomas High School
College
UC Santa Barbara, BA in Sociology and Women's Studies, University of Sussex (Brighton, England) Technicial/Vocational Training
Certification or Other
I see a request for a resume below - Prior to buying my company in 2015 I worked for Pet Food Express for 20 years (I ran the education department for the last 8) so I haven't used a resume since college! Happy to discuss work experience or answer questions but my business is in our high season currently so I likely won't have time to create a new resume. My apologies! TERMS OF ACCEPTANCE and SIGNATURE
Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.
I Agree *
Electronic Signature - Please type your First and Last Name Kendra McMasters
Kendra Mcmasters
Submit Date: May 24, 2023
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile
HOME ADDRESS
Number of years at above address:
3 Number of years in Concord:
0 Number of years in the county:
30 Number of years at employer:
Employer Address
Which Boards would you like to apply for?
Homeless Strategic Plan Working Group: Submitted
Melissa Rea
Greater Concord Chamber of
Commerce President/CEO Business Association/nonprofit
Melissa Rea
Question applies to Homeless Strategic Plan Working Group Are you available for daytime meetings?
Yes No
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Question applies to Homeless Strategic Plan Working Group Please identify the type of position you are applying for * Active Owner or Manager of a Business Based in Concord
Interests and Experience
Question applies to Homeless Strategic Plan Working Group Do you or have you participated in any supply and/or food distribution to the community of unsheltered residents? If so, please explain your experience.
Prior to the Pandemic, the Chamber would volunteer once a year at the Food Bank of Contra Costa and Solano to sort food, bringing our business members together to give back to the community. During the Pandemic, it was more difficult to bring our membership together, so we shifted how we gave back and hosted a community wide food drive by partnering with businesses to host food donation barrels in their place of business. The first year in 2020, we had seven businesses participate, in 2021 over 40 businesses hosted barrels, and in 2022 over 30 businesses hosted barrels. Some of these businesses opted to keep the donation barrels year-round. The Chamber felt if we could rally our businesses to participate, we could help the Food Bank increase donations, resulting in more food being distributed to those who need it most.
Question applies to Homeless Strategic Plan Working Group Describe your most recent interaction with someone who you believe is unsheltered.
My most recent interaction with someone I believe was unsheltered occurred over a recent weekend as I was in Downtown Concord with my friend and her two young sons. We parked in one of the parking garages to eat at one of the restaurants, and we tried to take the stairs down to the ground floor but could not proceed as the stairwell was completely blocked by a man laying on the stairs with garbage around him. My friend's son asked about the man and we had to explain why he was sleeping on the stairs.
Instead, we walked the structure down to the ground floor as the elevator was not sanitary for two young children to be in.
Melissa Rea
Upload a Resume
Question applies to Homeless Strategic Plan Working Group Describe your experience using homeless response programs such as CORE, the Police Department, and non-profit providers.
While working at Sunvalley Shopping Center, there were a handful of times the security team had to ask a homeless individual to leave for disturbance. Over the last few years, we have pushed information out for SHELTER, Inc. and Trinity Center through the Chamber communication channels, even recently sharing the 211 flyer for businesses to print and use at their place of business if they have an encounter with a homeless individual. We as the Chamber have worked with a variety of nonprofits to provide information and speaking opportunities to share their services with the business community.
Question applies to Homeless Strategic Plan Working Group Do you have family members or close friends who are or have been unsheltered? Yes No
Education and Training
High School
Alhambra High School, graduated 2009.
College
Diablo Valley College, 2009-2011 California State University, Sacramento, 2011-2013, Bachelors of Science - Business Administration (Marketing)
Technicial/Vocational Training
Certification or Other
TERMS OF ACCEPTANCE and SIGNATURE
Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.
I Agree *
Electronic Signature - Please type your First and Last Name Melissa Rea
Melissa Rea
Provide high-profile leadership, vision, and strategic direction for Concord Chamber programs and personnel
Manage Concord Chamber operations including, but not limited to: daily operations, finances, communications, customer service, event management, volunteer management, membership, committee meetings, board meetings, etc.
Generate monthly financial reports including year-to-date budget comparison and membership reports for Board of Directors
Prepare and implement annual budget with Chair of the Board and Treasurer Manage employees, currently: Membership Director and Events & Marketing Coordinator Liaison between staff and Board of Directors
Attend and act as Secretary for Executive Committee and Board of Directors meetings Meet with members/non-members and community members to discuss Chamber issues, services, activities, etc.
Chair of Community Alliance for the Future, a 501(c)3 education foundation subsidiary of the Greater Concord Chamber of Commerce
Represent Chamber at community meetings for: SBDC, City Council, Todos Santos Business Association, 5 C’s Chamber Executive Meetings, Kiwanis Club of Concord, Concord Sister City Ambassadors, East Bay Leadership Council, Diablo Valley Tech Initiative, Western Association of Chamber Executives, etc.
Cultivate and maintain relationships with Chairman’s Circle Sponsors, government officials, outside business leaders, and school district officials Create and administer City of Concord ARPA Small Business Reimbursement Grant distributing $5,000 grants to 370 small businesses over two rounds, totaling $1.85M Collaborate with Concord’s Economic Development Team to implement Shop Concord Program, recruiting 70+ businesses and investing over $160,000 into Concord Attend internal committee meetings in a supervisory position – including but not limited to: Government/Economic Policy, Business Education, Negocios Hispanos de Concord, Nonprofit Network, Accessibility & Disability Inclusion, and special event committees Assumed President/CEO duties and responsibilities during vacancies in 2019 and 2022 Work with President/CEO to develop and manage operating budget Generate monthly financial reports including year-to-date budget comparison and membership reports for President/CEO and Board of Directors President/CEO
Greater Concord Chamber of Commerce | 2022 - Present
Director of Operations & Marketing
Greater Concord Chamber of Commerce | 2018 - 2022
PROFESSIONAL SUMMARY
Mobile: (925) 207-1964
[email protected]
www.linkedin.com/in/melissa-rea/
MELISSA REA
BUSINESS MANAGEMENT
Experienced nonprofit business association professional with an established history of cultivating strong and diverse community relationships with over 450 businesses to support growth and economic vitality. Successfully demonstrated robust interpersonal relationships, organizational aptitude, and strong communication skills to enhance community engagement, resulting in increased revenue.
EXECUTIVE SUMMARY
- Budget Oversight
- Vendor
Management
- Purchasing
- Contract Creation
and Execution
- Project Execution
- Mentorship
- Created
Relationships with
local businesses,
Police Department,
Fire Department, City
Staff and
Councilmembers
including the Mayor,
and elected official
representatives from
local County
Supervisor,
Assembly, Senate,
and Congress Offices
- Conflict Resolution
- Critical Analysis
- Public Speaking
- Customer Service
- Forward Thinking
- Leadership and
Training
- Organizational
- Detail Oriented
- Office Suite
SKILLS
Manage financial aspects such as payroll processing, accounts payable, bank reconciliations, bank deposits and QuickBooks entries
Assist President/CEO with on/off-boarding employees, oversight of employee benefits Review and execute operations, policies/procedures and Strategic Plan with President/CEO
Vice Chair of Community Alliance for the Future, a 501(c)3 education foundation subsidiary of the Greater Concord Chamber of Commerce
Organize and moderate monthly and annual events including scheduling guest speakers, facility rentals, obtaining permits, refreshments, direction of volunteers, schedule local elected officials participation, donations
Execute and maintain sponsorship fulfilment for Chairman's Circle Sponsors Lead and train Ambassador Committee on membership outreach efforts to provide a quality experience and business resource assistance
Create and oversee Concord Hispanic Business Committee
Produce and manage communications including bi-weekly eblasts, press releases, and social media
Collaborate with elected official representatives to assess community and business needs
Develop and lead City of Concord Small Business Grant Program and City of Concord Commercial Rent Relief Program to distribute grants to small businesses in the City of Concord
Collaborate with City of Concord Economic Development Team to implement Shop Concord Program, recruiting 60+ participating businesses and investing over $50,000 back into Concord
Actively engage in daily/weekly COVID-19 updates with Concord Mayor and County representatives to provide accurate updates to membership Maintain relationships with hotel partners and distribute requests for proposals and leads Represent Visit Concord at tourism industry meetings, conferences, and tradeshows throughout California to promote business and leisure travel to Concord Launched the inaugural Comfort Food Restaurant Week, a subsidiary of Visit California's Restaurant Month
Support International Functional Fitness event providing hotel stays and transportation for global athletes
Assist Executive Director with implementation of all marketing efforts including print and digital advertising
Update and maintain website with community events and relevant information for business and leisure travel
Composed social media posts and blogs and monitored key metrics Assist Marketing Sponsorship Director with execution of center-wide programs including Halloween, Sunvalley Sends You to Dinner and a Movie, Santa’s Flight Academy, Easter Photos, and Music on the Plaza
Marketing Coordinator - Greater Concord Chamber of Commerce Employee Representing Visit Concord
Visit Concord | 2017 - 2018
Marketing Sponsorship Coordinator
Sunvalley Shopping Center | 2016 - 2017
PROFESSIONAL SUMMARYCONTINUED
Make-A-Wish
Northerneastern
California and
Northern Nevada
2013
Sunvalley Shopping
Center
2008-2012, intermittent
INTERNSHIPS
California State
University, Sacramento
B.S. Business
Administration,
Marketing
EDUCATION
Board Member
Kiwanis Club of
Concord
2020 - Present
Industry Partner
Mt. Diablo Business
Education Alliance
2019 - Present
Advisory At-Large
Committee Member
Visit Concord
2019 - Present
Event Lead
Team Captain
American Cancer
Society,
Relay for Life
2016 - 2017
VOLUNTEER