Concord City Council
June 27, 2023

City Council Agenda Report
Agenda Item No. 5.e
June 27, 2023
Analysis
The City Treasurer and staff, working with the City’s investment advisor, PFM Asset Management, has completed a comprehensive review of the City’s Investment Policy including compliance with relevant sections of the Government Code as well as incorporating best investment practices as recommended by California Debt and Investment Advisory Commission (CDIAC) and the Association of Public Treasurers of the US and Canada (APT US&C).

The proposed changes are in response to changes to California Government Code (the “Code”) that went into effect on January 1, 2023, following the passage of Senate Bill 1489 (“SB 1489”) in September 2022. The relevant Code changes and Policy recommendations are summarized below. A red-lined version of the City’s Investment Policy is included as Attachment 1 to illustrate the recommendations.

Senate Bill 1489, also known as the Local Government Omnibus Act of 2022, made a number of changes to Code, including several that impact the investment of public funds and the reporting practices of public agencies. Changes made to Code section 53601, the section of Code that governs the investment of public funds, include the addition of language stating that an investment’s term or remaining maturity shall be measured from the settlement date to final maturity, and, that a security purchased in accordance with Code Section 53601 shall not have a forward settlement date exceeding 45 days from the time of investment. Previously, the Code was silent on both items.
 To address the new Code language regarding forward settlement, the new Code language to Policy Section 8.0 Authorized Investments has been added.
 To address the new Code language regarding calculating a security’s term to maturity, the new Code language has been added to Policy Section 14.0 Maximum Maturities.

SB 1489 also modified Code Section 53646 and its reporting requirements. Per the Code, producing a quarterly report is optional for public agencies. However, should an agency choose to produce a quarterly report as Concord does, certain requirements must be met. One of those requirements was to produce the report within thirty (30) days following the end of the period covered by the report. With SB 1489, that time has been extended to forty-five (45) days.
 Policy Section 16.0 Reporting has been updated to address the Code change.

City Council Agenda Report
Agenda Item No. 5.e
June 27, 2023
Alternatives
Approval of the Investment Policy by the Legislative body is not required by law but is a recommended best practice. The Council may request alterations be made to any section as long as the revisions meet the requirements of the State Code.

Financial Impact
There is no fiscal impact associated with making any changes to the City’s investment policy. The Policy conforms to California Government Code and complies with best practices designed to meet the City’s short and long term cash flow needs by managing safety, liquidity and return on investments in a prudent manner.

Public Contact
The City Council Agenda was posted.

Attachments

1. Redlined Version FY 2023-24 Investment Policy

2. Investment Universe Chart

CITY OF CONCORD

INVESTMENT POLICY
20223/20234

1.0 POLICY
It is the policy of the City of Concord (“City”) to invest public funds in a manner which provides for safety of principal while providing sufficient liquidity to cover the City’s short- and long-term needs. All investment activity will conform to the California Government Code, Sections 53600 through 53686.

The Treasurer will annually render to the City Council a statement of investment policy.

2.0 SCOPE
This investment policy applies to all financial assets of the City as accounted for in the City of Concord’s Annual Comprehensive Financial Report. Policy statements included in this document focus on the City’s pooled funds, but will also apply to all other funds under the Treasurer’s control unless specifically exempted by statute or ordinance. This policy includes, but is not limited to, the following funds:
a. General Fund
b. Agency Fund
c. Enterprise Funds
d. Capital Project Funds
e. Debt Service Funds
f. Internal Service Funds
g. Special Revenue Funds
h. Any new funds created by the City Council
This policy specifically exempts any bond proceed funds in the possession of a trustee or fiscal agent. These bond proceeds shall be invested in accordance with the requirements and restrictions outlined in the bond documents. Also exempt are pension or other post-employment benefit funds held in a trust.

3.0 PRUDENCE
All persons authorized to make investment decisions for the City of Concord are trustees and therefore fiduciaries subject to the prudent investor standard.

The standard of prudence to be used by City of Concord fiduciaries is the “Prudent Investor” Standard found in the California Government Code Section 53600.3 and shall be applied in the context of managing the overall portfolio.

The Treasurer and other investment employees, acting within the intent and scope of the Investment Policy and other written procedures, and exercising due diligence, shall be relieved of personal responsibility for an individual security’s credit risk or Attachment 1

market price changes, provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments.

4.0 OBJECTIVE
The objective of the investment portfolio is to meet the City’s short- and long-term cash flow needs. To achieve this objective, the portfolio will be structured to provide, in priority order, safety of principal, liquidity and return on investment.

4.1 Safety
Safety of principal is the foremost objective of the City of Concord. All investments of the City shall be undertaken in a manner that ensures the preservation of capital in the overall portfolio. Each investment transaction shall seek to ensure that capital losses are avoided, whether from issuer or broker/dealer default. The City shall seek to preserve principal by mitigating the two types of risk: Credit risk and market risk.

4.1.1 Credit Risk
Credit risk is the risk of loss due to failure of the issuer to repay an obligation and shall be mitigated by investing in high quality credits, actively monitoring investments, and by diversifying the investment portfolio so that the failure of any one issuer would not unduly harm the City’s cash flow.

4.1.2 Market Risk
Market risk is the risk of market value fluctuations due to overall changes in the general level of interest rates and shall be mitigated by limiting the effective duration of the portfolio. The effective duration of the total dollar value of funds invested in accord with this Investment Policy shall not exceed 3.5 years.

4.2 Liquidity
The City’s investment portfolio will be structured to provide sufficient liquidity to meet the operating requirements of the City of Concord.

4.3 Return on Investment
State law requires that the objective of return on investment be subordinate to the objectives of safety and liquidity. Therefore, investment employees shall seek to achieve a return on the funds under their control throughout all economic cycles, taking into consideration the City of Concord’s investment risk constraints and cash flow requirements. In evaluating the performance of the City’s portfolio in complying with this Policy, it is expected that the City shall establish an appropriate performance

benchmark and compare the total return of its portfolio to the total return of the benchmark.

5.0 DELEGATION OF AUTHORITY
Pursuant to Section 53601 of the California Government Code, the City Council as the legislative body of the City of Concord has primary responsibility for the investment of surplus monies or monies held in sinking funds, in the City treasury.

As authorized under Section 53607 of the California Government Code, the City Council hereby delegates its authority to invest or reinvest the funds of the City, and to sell or exchange securities so purchased, to the City Treasurer who shall assume full responsibility for all such transactions until such time as this delegation of authority may be revoked by the City Council.

Within the Finance Department, the responsibility of day-to-day treasury activities and investment of City funds is delegated by the City Treasurer to the Director of Finance. The Director of Finance may then delegate the authority to conduct investment transactions and to manage the operation of the investment portfolio to other specifically authorized staff members. The City Treasurer shall establish investment policy guidelines in writing within which the Director of Finance or designee shall operate day-to-day investment activities. Delegation of Authority will not remove or abridge the Treasurer’s investment responsibility.

The Treasurer may also delegate investment decision making and execution authority to an investment advisor. The advisor shall follow the Investment Policy and such other written instructions as are provided.

6.0 ETHICS AND CONFLICT OF INTEREST
In accordance with California Government Code Sections 1090 et seq. and 87100 et seq., and the City of Concord’s Conflict of Interest Code, public officials of the City will refrain from any activity that could conflict with the proper execution of the investment program or which could impair their ability to make impartial investment decisions. In addition, these same employees are prohibited from undertaking personal investment transactions with any individual with whom City business is conducted.

Employees and investment officials shall annual submit a Statement of Economic Interest, also known as the Form 700. The Form 700 provides necessary information to the public about an official’s personal financial interests to ensure that officials are making decisions in the best interest of the public and not enhancing their personal finances. Additional guidance on disclosing potential conflicts of interest is available on the California Fair Political Practices Commission website.

7.0 AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS
The City of Concord shall transact business only with commercial banks, savings and loans, and investment securities dealers. The dealers must be primary dealers regularly reporting to the Federal Reserve Bank of New York or regional dealers that qualify under the Securities and Exchange Commission Rule 15C3-1 (uniform net capital rule). Selection of financial institutions and broker/dealers authorized to do business with the City shall be at the sole discretion of the City Treasurer. The Treasurer will maintain a list of financial institutions authorized to transact with the City.

All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the Treasurer with audited financial statement from the three most recent years, at least three references from other California Local agencies, a completed Broker/dealer questionnaire and a statement certifying that the institution has reviewed the California Government Code Section 53600 et seq. and the City’s Investment Policy. The Treasurer shall determine if the Financial Institutions are adequately capitalized, make markets in securities appropriate to the City’s needs and are recommended by other local agency portfolio managers.

The Treasurer will conduct an annual review of the financial condition of all qualified institutions. Additionally, their current financial statements are required to be on file.

If the City has an investment advisor, the investment advisor may use its own list of authorized broker/dealers to conduct transactions on behalf of the City. The advisor shall make available its list of authorized broker/dealers to City staff upon request.

8.0 AUTHORIZED INVESTMENTS
The City is authorized by California Government Code Section 53600 et seq. to invest in the types of securities listed below.

Where this section specifies a percentage limitation for a particular security type, that percentage is applicable only on the date of purchase. Credit criteria listed in this section refers to the credit rating at the time the security is purchased. If an investment’s credit rating falls below the minimum rating required at the time of purchase, the Treasurer will perform a timely review and decide whether to sell or hold the investment. A security purchased in accordance with this Policy shall not have a forward settlement date exceeding 45 days from the time of investment.

8.1 United States Treasury Bills, Bonds, and Notes, or those for which the full faith and credit of the United States are pledged for the payment of principal and interest. There is no limitation as to the percentage of the portfolio that can be invested in this category. There is a five-year maximum term.

8.2 Federal Agency or United States Government-Sponsored Enterprise Obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. Federal agency securitized securities (including but not limited to mortgage-backed securities, collateralized mortgage obligations, and commercial mortgage backed-securities) are not permitted. All other investments in Federal Agency securities are unrestricted.

8.3 Obligations of the State of California or any local agency within the state, including bonds payable solely out of revenues from a revenue producing property owned, controlled or operated by the state or any local agency, or by a department, board, agency or authority of the state or any local agency. These securities shall be rated in a ratings category of “A” or its equivalent or better by a nationally recognized statistical-rating organization (“NRSRO”).

Purchases in this category, together with those allowed by 8.4, may not exceed 30% of the cost value of the portfolio.

8.4 Registered Treasury Notes or Bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state, or by a department, board, agency, or authority of any of these states. These securities shall be rated in a ratings category of “A” or its equivalent or better by a nationally recognized statistical-rating organization (“NRSRO”).

Purchases in this category, together with those allowed by 8.3, may not exceed 30% of the cost value of the portfolio.

8.5 Bills of exchange or time drafts drawn on and accepted by a commercial bank, otherwise known as Bankers’ Acceptances, with a ratings category of “A” or A1/P1 as applicable, or its equivalent or better by a nationally recognized statistical-rating organization (“NRSRO”). Purchases in this category may not exceed 180 days to maturity or 30% of the cost value of the portfolio.

8.6 Commercial Paper of prime quality of the highest ranking or of the highest letter and number rating as provided for by a nationally recognized statisticalrating organization (“NRSRO”). The entity that issues the commercial paper shall meet all of the following conditions in either paragraph a or paragraph b below:
a. The entity meets the following criteria: (i) is organized and operating in the United States as a general corporation, (ii) has total assets in excess of five hundred million dollars ($500,000,000), and (iii) has debt other than commercial paper, if any, which is rated in a ratings category of at least “A”, or its equivalent or better by a NRSRO.
b. The entity meets the following criteria: (i) is organized within the United States as a special purpose corporation, trust, or limited liability company, (ii) has program-wide credit enhancements including, but not

limited to, over collateralization, letters of credit, or surety bond, and (iii) has commercial paper that is rated “A-1” or higher, or the equivalent, by a NRSRO.

Purchases of eligible commercial paper may not exceed 270 days to maturity.

Purchases of commercial paper may not exceed 25 percent of the cost value of the portfolio.

8.7 Negotiable Certificates of Deposit issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a federally- or statelicensed branch of a foreign bank. These securities shall be rated in a ratings category of “A” or its equivalent or better. Purchases of Negotiable Certificates of Deposit shall not exceed 30 percent of the cost value of the portfolio nor exceed a five-year term.

8.8 Medium-Term Notes (MTNs) issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. MTNs eligible for investment in this category must rate in a ratings category of “A” or its equivalent or better. Investments in this category may not exceed 30 percent of the cost value of the portfolio.

8.9 Shares of beneficial interest issued by diversified management companies that are Money Market Funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940. These funds must either have attained the highest rating/ranking by at least two of the three largest NRSROs or have retained an investment advisor registered with the Securities and Exchange Commission with not less than five years’ experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000).

Investments in this category will not exceed 20 percent of the portfolio and there is no final maturity.

8.10 State Pool – Local Agency Investment Fund (LAIF). This fund was established by the State Treasurer for the benefit of Local agencies under California Government Code Section 16429.1. The City may invest in the LAIF up to the maximum amount permitted by State law.

8.11 Time Certificates of Deposit in a state or national bank, savings association or federal association, or federal or state credit union with a branch in the State of California. In accordance with California Government Code Section 53635.2, to be eligible to receive City deposits a financial institution shall have received an overall rating of not less than “satisfactory” in its most recent evaluation by the appropriate federal financial supervisory agency of its record of meeting the credit needs of California’s communities. Time CDs are required to be collateralized as specified under Government Code Section

53630 et seq. The City, at its discretion, may waive the collateralization requirements for any portion that is covered by federal deposit insurance. The City shall have a signed agreement with any depository accepting City funds per Government Code Section 53649. No deposits shall be made at any time in time CDs issued by a state or federal credit union if a member of City Council or the Director of Finance serves on the board of directors or any committee appointed by the board of directors of the credit union. In accordance with Government Code Section 53638, any deposit shall not exceed that total shareholder’s equity of any depository bank, nor shall the deposit exceed the total net worth of any institution. Purchases in a single institution will not exceed 10 percent of the cost value of the portfolio.

8.12 Supranationals, defined as United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, and eligible for purchase and sale within the United States. These securities shall be rated in a ratings category of “AA” or its equivalent or better by an NRSRO. Purchases of supranationals shall not exceed 30 percent of the cost value of the portfolio nor exceed a five-year term.

8.13 Shares of beneficial interest issued by joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (q), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria:
(1) The adviser is registered or exempt from registration with the Securities and Exchange Commission.
(2) The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive. (3) The adviser has assets under management in excess of five hundred million dollars ($500,000,000).

8.14 Prohibited Investments. Investments not described herein are ineligible investments. The City shall not invest any funds in inverse floaters, range notes, or interest only strips that are derived from a pool of mortgages in accordance with California Government Code Section 53601.6. In addition, the City shall not invest any funds in any security that could result in zero interest accrual if held to maturity.

Notwithstanding the prohibition in the preceding paragraph, the City may invest in securities issued by, or backed by, the United States government that could result in zero- or negative-interest accrual if held to maturity, in the event of,

and for the duration of, a period of negative market interest rates. The City may hold these instruments until their maturity dates. Purchase of this investment type shall be allowed only until January 1, 2026, and as of that date is repealed.

9.0 REVIEW OF INVESTMENT PORTFOLIO
The securities held by the City must be in compliance with Section 8.0 Authorized Investments at the time of purchase. Because some securities may not comply with Section 8.0 Authorized Investments subsequent to the date of purchase, the Treasurer shall at least annually review the portfolio to identify those securities that do not comply. The Treasurer shall establish procedures to report to the Legislative Body major and critical incidences of noncompliance identified through the review of the portfolio.

10.0 INVESTMENT POOLS/MUTUAL FUNDS
A thorough investigation of any investment pool or money market mutual fund is required prior to investing City funds. A due diligence review will be performed on all money market mutual funds and pooled investment funds on a continued basis.

As outlined in section 8.9 of this policy, investments in mutual funds are restricted to money market mutual funds and must meet the experience and asset requirements as stated. Treasury staff will continually monitor the funds to ensure the maintenance of those ratings/requirements.

Reports on the performance of the Pooled Money Investment Account/LAIF can be found on the California State Treasurer’s web site as well as the Investment Board report, historical rates/costs and market valuations. These reports should be reviewed each month as part of the due diligence review.

11.0 COLLATERALIZATION
California Government Code, Sections 53652 et seq., specifies the types and levels of collateral for public funds on deposit above the FDIC insurance amounts. These collateral requirements apply to both active bank deposits (checking and savings accounts) and inactive bank deposits (non-negotiable certificates of deposit) and must be maintained for all the City’s bank deposits.

12.0 SAFEKEEPING AND CUSTODY
All securities held by the City of Concord shall be held in safekeeping by a third party bank trust department acting as agent for the City under the terms of the custody agreement executed by the bank and the City, and shall be evidenced by safekeeping receipts. All securities will be received and delivered using standard delivery-versus-payment (DVP) procedures. Investments in the State Pool or money market mutual funds are undeliverable and are not subject to delivery or third party safekeeping.

13.0 DIVERSIFICATION
The City of Concord will diversify its portfolio by investment type, issuer, maturity dates and broker/dealer.

No more than 5% of the City’s portfolio shall be invested in the securities of any issuer regardless of security type, excluding U.S. Treasuries, Federal Agencies, and pooled investments such as LAIF, money market funds, or local government investment pools.

For purposes of diversification, LAIF accounts will not be aggregated. Limits for security types are set forth in Section 8.0 of this document.

14.0 MAXIMUM MATURITIES
The City of Concord will attempt to match its investments with anticipated cash flow requirements whenever possible. The maximum maturity of any one security, unless otherwise stated in this Investment Policy or restricted by the California Government Code, is limited to five years. For purposes of compliance with this Policy, an investment’s term or remaining maturity shall be measured from the settlement date to final maturity. The City may not invest in a security whose maturity exceeds five years from the settlement date of purchase unless City Council has provided approval for a specific purpose at least three months before the investment is made.

15.0 INTERNAL CONTROLS
The City Treasurer has developed a system of internal controls to ensure compliance with investment policies and procedures of the City of Concord and the California Government Code.

The Senior Financial Analyst will review and post monthly interest accruals and will analyze the monthly statements of the City’s externally managed portfolios and funds.

16.0 REPORTING
California Government Code 53646 states that the Treasurer may render a quarterly report to the Legislative Body within 30 45-days of the quarter’s end. Section 53646(b) only states that the report is to be rendered to the Legislative Body; no action is required by the Legislative Body. California Government Code 53607 states that the Treasurer shall render a monthly list of investment transactions to the Legislative Body when investment authority has been delegated to the Treasurer by the Legislative Body.

The quarterly report shall include the type of investment, issuer, maturity date, par and cost/book values of all securities, investments and monies held by the City of

Concord. It shall also include the rate of interest, the current market value as of the report date and the source of the valuation. In addition, the report shall include a list of investment transactions that occurred during the prior three months. The report shall state compliance of the portfolio to the Investment policy as well as the California Government Code and it shall state the City’s ability to meet its estimated expenditures for the next six months. The treasury staff will also post the quarterly investment report onto the Treasury section of the City of Concord’s website.

17.0 INVESTMENT POLICY ADOPTION
The City of Concord’s investment policy shall be rendered to and adopted by the City Council annually as recommended by California Government Code 53646.

18.0 GLOSSARY
AGENCIES: Federal agency securities and/or Government sponsored enterprises.

BANKERS’ ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer.

BROKER: A broker brings buyers and sellers together for a commission.

CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Time certificates of deposit are collateralized in accordance with the State code. Large-denomination CDs are typically negotiable and non-collateralized.

COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.

DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account.

DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities:

Delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt of the securities.

DERIVATIVES: (1) Financial instruments whose return profile is lined to or derived from, the movement of one or more underlying index or security, and may include a leveraging factor, or (2) financial contracts whose value is derived from an underlying index or security (interest rates, foreign exchange rates, equities or commodities).

DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns.

EFFECTIVE DURATION: A measure of the sensitivity of the price (the value of principal) of a fixed-income investment to a change in interest rates. The calculation takes into account the fact that expected cash flows of some investment types will fluctuate as interest rates change. Effective duration is expressed as a number of years.

FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S&L’s, small business firms, students, farmers, farm cooperatives, and exporters.

FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $250,000 per deposit.

FEDERAL HOME LOAN BANKS (FHLB): Government sponsored wholesale banks (currently 12 regional banks) which lend funds and provide correspondent banking services

to member commercial banks, thrift institutions, credit unions and insurance companies.

The mission of the FHLB is to liquefy the housing related assets of its members who must purchase stock in their district Bank.

FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA or Fannie Mae):

FNMA, like GNMA was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder-owned corporation. The corporation’s purchases include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages. FNMA’s securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest.

FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system.

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the US Government.

Ginnie Mae securities are backed by the mortgages, including FHA and VA mortgages.

The term “pass-throughs” is often used to describe Ginnie Maes.

ISSUER: A legal entity that has the power to issue and distribute securities. Issuers include corporations, municipalities, foreign and domestic governments and their agencies, and investment trusts.

LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes.

POOLED MONEY INVESTMENT FUND (LAIF): The aggregate of all funds from political subdivisions that are placed in the custody of the County or State Treasurer for investment and reinvestment. The State of California's pool is known as the Local Agency Investment Fund, or LAIF.

MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold.

MATURITY: The date upon which the principal or stated value of an investment becomes due and payable.

MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper, bankers’ acceptances, etc.) are issued and traded.

PORTFOLIO: Collection of securities and investments held by an investor.

PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC) registered securities broker-dealers, banks and a few unregulated firms.

PRUDENT PERSON RULE: An investment standard. In some states, the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state. In other states, the trustee may invest in a security if it is one which would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital.

RATE OF RETURN: For fixed-rate securities, it is the coupon or contractual dividend rate divided by the purchase price which is also the current yield.

SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank’s vaults for protection.

SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation.

SEC RULE 15C301: See Uniform Net Capital Rule.

SUPRANATIONALS: International financial institutions that are generally established by agreements among nations, with member nations contributing capital and participating in management. Supranational bonds finance economic and infrastructure development and support environmental protection, poverty reduction, and renewable energy around the globe.

TREASURY BILLS: A non-interest bearing discount security issued by the US Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year.

TREASURY BONDS: Long-term coupon-bearing US Treasury securities issued as direct obligations of the US Government and having initial maturities of more than 10 years.

TREASURY NOTES: Medium-term coupon-bearing US Treasury securities issued as direct obligations of the US Government and having initial maturities from two to 10 years.

UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as non-member broker-dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15:1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash.

YIELD: The rate of annual income return on an investment, expressed as a percentage: (a) Income Yield is obtained by dividing the current dollar income by the current market price for the security; (b) Net Yield or Yield to Maturity is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond.

Investment Universe vs. California Government Code
Source: California Government Code Section 53601. As of April 2022. 1 Day 180 Days 270 Days 1 Year 5 Years Over 5 Years
U.S. Treasuries Permitted Requires Approval
Federal Agencies Permitted Requires Approval
Municipal Securities Permitted Requires Approval
Negotiable Certificates of Deposit Permitted Requires Approval Commercial Paper Permitted Prohibited
Bankers’ Acceptances Permitted Prohibited
Medium-Term Corporate Notes Permitted Prohibited
Asset-Backed Securities (ABS) Permitted (not permitted by City’s Policy) Prohibited Supranationals Permitted Prohibited
Public Bank Debt Permitted (not permitted by City’s Policy) Requires Approval Repurchase Agreements Permitted Prohibited
Money Market Funds/Bond Mutual Funds Permitted Prohibited Local Government Investment Pools Permitted Prohibited
Foreign Sovereign Prohibited
Fixed-Income ETFs Prohibited
High-Yield Bonds Prohibited
Private Placements Prohibited
Convertibles Prohibited
Non-U.S. Dollar Investment Grade Prohibited
Emerging Markets Debt Prohibited
Bank Loans Prohibited
Domestic Equities (Large-, Mid-, Small Cap) Prohibited
International Equities (Large-, Mid-, Small Cap) Prohibited Emerging Markets Prohibited
Preferred Stock Prohibited
Equity Mutual Funds and ETFs Prohibited
Commodities Prohibited
Real Estate Prohibited
Hedge Funds Prohibited
Private Equity Prohibited
Venture Capital Prohibited
Tangible Assets Prohibited
Complex Derivatives, Futures and Options Prohibited
Conventional Fixed
Income
Broader
Fixed-Income Equities Alternatives
Attachment 2

From: D'Marco Anthony <[email protected]>
Sent: Tuesday, June 27, 2023 10:32 AM
To: City Clerk <[email protected]>
Subject: Public comment — Item 5e
Dear Concord Elected Officials and Staff,
I would like to see the City of Concord adopt a policy, which would require the City to avoid certain investments that are counterintuitive towards Concord’s values. As I have said at a prior City Council meeting, Amazon is an unethical company. Consequently, we should ensure that Concord does not invest in them anymore. I would also like to see a policy which requires a company’s environmental and social responsibility to be taken into account, before our city’s dollars are invested in them.

Thank you for your consideration,
D’Marco J. Anthony – Concord resident, District 5
Benched Correspondence
Agenda Item No. 5.e
June 27, 2023

Staff Report
Date: June 27, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Karan Reid, Director of Finance
Prepared by: Himmat Bains, Sr. Financial Analyst
[email protected]
(925) 671-3183
Subject: Considering authorizing the write-off of uncollectible accounts receivable in the amount of $12,944.78.

Report in Brief
While the Finance Department makes every effort to collect unpaid accounts receivable, some inevitably become uncollectible and must be written off the books in accordance with Generally Accepted Accounting Principles (GAAP). While written off of the City’s accounting records, collection efforts continue. For instance, some of the accounts will continue to be annually submitted to the Franchise Tax Board under the State’s Interagency Intercept Program (IIC).

Council is requested to approve the write-off of the following accounts:
 False Alarms – One invoice for $1,196.11
 Damage to City Property – One invoice for $11,748.67
All efforts to collect on these invoices have been unsuccessful and staff recommends the debt be written off from the City’s accounting records. The total of the recommended write-offs for FY 2022-23 is $12,944.78.

Recommended Action
Authorize the write-off of uncollectible accounts receivable on the City’s ledger in the amount of $12,944.78.

5.f

City Council Agenda Report
Agenda Item No. 5.f
June 27, 2023
Background
City policy mandates that the City Council must formally approve any uncollectible receivables exceeding $750 before they can be written off as uncollectible. Before recommending the write-off of accounts receivable, the Finance Department diligently attempts to collect outstanding debts through the following steps:
 Invoices are sent with a 30-day payment period.
 Past due notices are sent after 30 days of non-payment.  Statements are sent to customers.
 Courtesy phone calls are made to remind customers and explore payment options.
 Follow-up statements are sent.
 Letters are mailed to inform customers about potential legal action, often prompting inquiries.
 Explanation of various payment options and potential waiver of finance charges for prompt payments.
 When appropriate, legal action may be pursued through small claims court and the State's Interagency Intercept Collection Program (IIC), which offsets refunds from the Franchise Tax Board for individuals with delinquent debts to the City.

Only after exhausting all these efforts without success will a receivable be considered for write-off, following established financial reporting guidelines.

Analysis
A summary of the invoices is as follows:

Billing Type Number Amount
False Alarms 1 $1,196.11
Damage to City Property 1 $11,748.67
Total Uncollectible $12,944.78
While these accounts must be written off the City’s accounting records for financial reporting purposes, collections efforts will continue. Generally, the City pursues small claims court actions for all accounts where the defendants can be located. The judgments remain on file for ten years and are renewable for an additional ten years. In addition, the Finance Department submits all uncollectible debts for individuals to the State’s Interagency Intercept Collection program annually.

City Council Agenda Report
Agenda Item No. 5.f
June 27, 2023
A detailed listing of the invoices is included in Attachment 1. Staff is recommending writing off the remaining invoices for the following reasons:
 The Statute of limitations has run out and the City is not able to file a court claim for both invoices.
 The individual responsible for damage to City property does not have any assets which the City could pursue for payment.

Financial Impact
The write-offs of $12,944.78 recognizes the inevitability that the money will not be collected. All of this amount is attributed to the General Fund. In accordance with Generally Accepted Accounting Principles (GAAP), the uncollectible amounts cannot be categorized as deferred revenue due to the uncertainty of the collection of payment.

Staff will continue to maintain a file of the write-offs upon the event that collections occur.

Public Contact
The City Council Agenda was posted.

Attachment

1. Uncollectible Accounts Receivable

Attachment 1
Uncollectible Accounts Receivable 2022-2023
Date
Invoice
No
Write-off
criteria Payor Dept/Service Amount
1/2/20 94060 STATUTE MATHEW A. SCOTT ROBERTS PROP DAMAGE 11,748.67 SUBTOTAL - DAMAGES TO CITY PROPERTY 11,748.67
8/3/18 68428 STATUTE P2P TRANSFORMATION CENTER FALSE ALARMS 1,196.11 SUBTOTAL - FALSE ALARMS 1,196.11
TOTAL UNCOLLECTIBLE ACCOUNTS RECEIVABLE 12,944.78

From: Barone, Valerie <[email protected]> Sent: Monday, June 26, 2023 1:22 PM
To: Fockler, Joelle <[email protected]>; Ezell, Justin <[email protected]>; McAuley, Wendy <[email protected]>
Cc: Reid, Karan <[email protected]>
Subject: FW: 6/27 agenda item 5 f
This e-mail is being shared with all Councilmembers
Councilmember Nakamura,
Below is the information you requested regarding the write off of this claim.

Valerie
Valerie Barone, City Manager (She/Her)
City of Concord | Website: www.cityofconcord.org
 (925) 671-3150 |  [email protected]
1950 Parkside Drive, MS/01, Concord, CA 94519
From: Reid, Karan <[email protected]>
Sent: Monday, June 26, 2023 1:01 PM
To: Barone, Valerie <[email protected]>
Subject: RE: 6/27 agenda item 5 f
Hi Valerie,
Here are the details which are a combination of the police report and Finance’s collection efforts.

On 01/02/2020, an accident occurred at the intersection of Willow Pass Road and Gateway Blvd. While traveling at approximately 35 MPH the driver in the westbound #2 lane of Willow Pass Road, the Plaintiff swerved to the right to avoid a closely approaching vehicle. This resulted in the Plaintiff losing control of the vehicle and colliding with a light post on the north curb of Willow Pass Road, causing minor damage to the bottom of the light post.

The area of impact (AOI) was determined to be 6 feet north of the north curb line of Willow Pass Road and 77 feet west of the west curb line of Gateway Blvd. The accident was attributed to the Plaintiff's unsafe turn, violating 22107 CVC.

Benched Correspondence
Agenda Item No. 5.f
June 27, 2023

A public works work order was initiated to address the damaged light pole (Asset ID 7764). The pole was subsequently cut up and discarded. An inspection revealed that the anchor bolts were beyond repair and needed replacement. Future foundation repair was marked out, and DC Electric was contracted to install a new Typ.15 Footing & City Furnished Pole and Fixture. Due to supply chain issues, the repairs were not completed until April 2022.

Loya Insurance, the insurance provider associated with the claim, was Invoiced for the damage on 7/19/2022 (after Finance received and reviewed all of the cost information). However, Loya Insurance has been largely nonresponsive in our efforts to collect on this claim. We also attempted to locate the responsible individual but have been unable to determine an address or any other contact information. Additionally, the statute of limitations for taking the case to small claims expired on 01/02/2023, so we are recommending writing off this receivable for financial reporting purposes.

As is mentioned in the staff report, we will continue to pursue collections, including utilizing the State’s Interagency Intercept Program, where the state will deduct the claim amount from any income tax refunds or lottery winnings.

Let me know if there are additional questions.

Thanks,
Karan
Karan Reid
Director of Finance
City of Concord
[email protected]
925.671.3192
Begin forwarded message:

From: "Nakamura, Laura" <[email protected]> Date: June 23, 2023 at 8:22:33 PM PDT
To: "Barone, Valerie" <[email protected]> Subject: 6/27 agenda item 5 f
Valerie,
Can you provide me an explanation to the property damage claim of approximately $12K that we are being asked to write off? Date 1/2/2020 (predates my time on council).

Thank you,
Laura
Sent from my iPad

Staff Report
Date: June 27, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Justin Ezell, Assistant City Manager
Prepared by: Steve Voorhies, Director of Recreation Services [email protected]
(925) 671-3202
Subject: Considering approval of a five (5) year lease agreement through March 31, 2028 (with a five (5) year option to extend through March 31, 2033) between the City of Concord and the San Francisco Bay Area Rapid Transit District (BART) for the City of Concord to operate the Concord Skate Park, and
authorizing the City Manager to execute the agreement
(including the 5 year extension agreement, if exercised) in a form acceptable to the City Attorney.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), 15378, 15301, and/or 15323.

Report in Brief
The Concord Skate Park is located on a one-acre parcel of land owned by the Bay Area Rapid Transit District (BART). The most recent five-year contract extension for the skate part to operate on BART property recently expired, and this agreement continues the partnership to provide a unique recreation amenity to the Concord community.

Recommended Action
Approve a five (5) year lease agreement through March 31, 2028 (with a five (5) year option to extend through March 31, 2033) between the City of Concord and the San Francisco Bay Area Rapid Transit District (BART) for the City of Concord to operate the Concord Skate Park, and authorize the City Manager to execute the agreement

5.g

City Council Agenda Report
Agenda Item No. 5.g
June 27, 2023
(including the 5 year extension agreement, if exercised) in a form acceptable to the City Attorney, and make the CEQA determinations as provided in this staff report.

Background
On May 28, 2002, the City Council awarded a construction contract for the building of the Concord Skate Park. Construction was completed in December 2002, and a grand opening celebration was held on January 11, 2003. The Skate Park is located on the corner of Cowell Road and Monument Boulevard and occupies 14,500 square feet of a one-acre site located on a ten-acre parcel owned by the Bay Area Rapid Transit District.

BART occasionally uses portions of their adjacently owned property as an equipment and maintenance project staging area; these activities typically do not impact the operation and maintenance of the Skate Park. The location of the Skate Park is depicted on the last page of the agreement, approximately one block from the Concord Police Department, between Monument Boulevard and San Miguel Road, with Cowell Road forming the northern border.

The Skate Park is well visited by the public and challenges skateboarders, in-line skaters, and manual scooters of all levels. The facility includes flat as well as undulating concrete surfaces with stainless steel coping and rails. The Park is open to the public seven days a week with periodic closures for permitted special events and activities, such as instructional camps and clinics offered through the Recreation Services Department.

In January 2003, BART issued a ten-year lease to the City to occupy the BART-owned property for the permitted use of operating a Skate Park. As consideration for the tenyear lease, the City agreed to provide certain maintenance services for the area as shown on Exhibit "A" to the attached lease agreement (Attachment No. 1). Services include removal of graffiti on the piers supporting the aerial structure, litter/trash removal, and seasonal mowing and preventative weed abatement of the property as required.

On April 23, 2013, City Council approved a five-year lease of the property from BART to the City under the same terms and conditions as the prior ten-year lease with an option to extend the term for an additional five years. The City is operating the Skate Park on a month-to-month basis until the updated agreement is approved.

Analysis
In 2018, confirmation was received via letter that the lease between the City of Concord and BART was extended for an additional five (5) years until March 31, 2023.

Recently, staff from BART and the Recreation Services Department have collaborated to develop the attached proposed lease agreement (Attachment 1) which contains the same terms, conditions, and responsibilities of both parties for continued access to BART property for the operation and community enjoyment of the Skate Park amenity.

City Council Agenda Report
Agenda Item No. 5.g
June 27, 2023
The proposed agreement is for five (5) years through March 31, 2028 with the option to extend for an additional (5) years through March 31, 2033.

In exchange for the Skate Park lease, the City will continue to provide maintenance services for the adjacent BART owned property that is now completely fenced to minimize the negative impacts of trash accumulation, illegal dumping and other unlawful activities. BART has continual access to the fenced in property and has previously utilized it as a project staging ground.

The Skate Park provides a unique recreation experience for residents of the community and beyond. Feedback on the quality of the Skate Park has been very positive, with most community members expressing gratitude that Concord is fortunate enough to offer a place for skateboarders and their families to enjoy the many benefits of the sport.

The Recreation Services Department is currently exploring the development of new instructor-led activities to introduce the sport of skateboarding to a new generation and improve the skills of participants who want to learn some new tricks in a positive, structured environment.

Financial Impact
The City is responsible for maintaining the property; funding for these maintenance activities is included in the Public Works Department General Fund operating budget.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378, Public Resources Code Section 21065, City Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, City Council action on this item is exempt under CEQA Guidelines Sections 15301 – Existing Facilities and/or 15323 – Normal Operations of Facilities for Public Gatherings, as it involves operation of the Concord Skate Park. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. 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.

Attachment

1. Proposed Lease Agreement with BART

1 This Lease, dated as of ________________, 2023, is between the SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT ("BART", “District”, or "Lessor"), and The City of Concord, a municipal agency (hereinafter referred to as "Lessee"). (R/A 1391) Lessor, in consideration of the rents and covenants herein to be paid, kept and performed by Lessee, and upon the condition that all thereof shall be fully paid, kept and performed by Lessee, hereby Leases to Lessee those premises as described herein.

ARTICLE 1. PREMISES
Lessor hereby Leases to Lessee, and Lessee hereby Leases from Lessor, for the term, at the rent, and upon the covenants and conditions hereinafter set forth, those Premises located off of San Miguel Road, in the City of Concord, County of Contra Costa, State of California, described and depicted on "Exhibit A" attached hereto and made a part hereof, subject to easements and restrictions of record and subject to the restrictions and regulations of any and all federal, state, county or municipal authorities having jurisdiction and any amendments or additions thereto (the “Premises”).

ARTICLE 2. TERM AND RENT

2.1 Term
The term of this Lease shall be for five (5) years commencing August 1, 2023 and ending March 31, 2028, with right of termination by Lessor and Lessee as set forth in Article 9 herein, or as terminated earlier as provided herein

2.2 Option to Extend
Provided that Lessee is not in default of this Lease, and the Lease has not been terminated earlier as provided herein, Lessee may exercise an option for up to an additional five (5) year term by notifying BART in writing at least one hundred twenty (120) days before the expiration of the original Lease term and any such extension shall be under terms and conditions mutually agreed to by District and Lessee. Any decision to extend the term of the permit shall be at the sole discretion of the District.

2.3 Rent
As consideration for a five-year lease, Lessee shall provide certain maintenance services in the area of the Premises (“Maintenance Area”) as shown in Exhibit “B”. Such services include removal of graffiti on the piers supporting the aerial structure as required; litter and trash removal on the property; and removal of trespassers and homeless encampments and seasonal mowing and discing of the property as required.

Attachment 1

2 If BART leases or otherwise uses the Maintenance Area in a manner that renders Lessee’s maintenance services unnecessary, BART will require Lessee to either 1) maintain a designated comparable size property nearby, or 2) pay fair market value rent for use of the skatepark Premises.

Should rent be required, monthly rent will be submitted to the Lessor, as directed, in advance of the First day of each month. The Rent for any partial month prior to the first full month shall be prorated on a per diem basis. Rent payments received after the Fifth of the month in which they are due will incur a late penalty equal to (10%) percent of the total payment due plus any other payment required under the Lease. Rent shall be mailed as follows:

BART
P.O. Box 12688
Oakland, CA 94604-2688
ARTICLE 3. USE

3.1 Specified Use
Lessee shall use and occupy the Premises only as a Skatepark. The sale of food, beverages (including alcoholic beverages) and tobacco products is strictly forbidden. The District reserves the right to prohibit any product or activity that would interfere with the District’s rules, regulations, policies, station and/or parking lot operation or patron flow or safety. Lessee shall have access to the Premises twenty-four (24) hours a day/seven (7) days a week.

Lessee acknowledges that Lessor, in addition to conducting regular maintenance of its rail and other facilities, periodically conducts rail grinding at night on its rail facilities that extend over the Premises (“Night Maintenance”), and that such Night Maintenance could result in damage to vehicles parked on the Premises at the time, and that, subject only to the exceptions set forth in Article 5, Lessor shall not be responsible for such damage. Lessor’s performance of Night Maintenance over vehicles parked on the Premises shall not be deemed gross negligence or willful misconduct.

3.2 Condition of Premises
Lessee hereby accepts the Premises in their condition existing as of the date set forth above, subject to all applicable zoning, municipal, county, state and federal laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto. Lessor has not made any representation or warranty with respect to the condition of the Premises or the

3 suitability thereof for the permitted use, nor has Lessor agreed to undertake any modification, alteration or improvement to the Premises.

3.3 Compliance with Law
Lessee shall not use the Premises or permit anything to be done in or about the Premises which constitutes a nuisance or waste or which will in any way conflict with any law, statute, zoning restriction, ordinance or governmental rule or regulation or requirements of duly constituted public authorities now in force or which may hereafter be in force insofar as Lessee is subject thereto.

Commencement of any proceedings to prohibit Lessee’s use of the Premises shall, at the option of the Lessor, be deemed a breach hereof.

3.4 Improvements
Lessee shall not make any initial improvements or alternations to said Premises until design and improvement plans are reviewed by BART and written approval from BART is received by Lessee. Subsequent improvements or alterations shall also require review and prior written approval by BART. Unless directed otherwise in writing by Lessor, Lessee shall remove any additions or improvements within thirty (30) days of termination of the Lease and shall restore the Premises to its condition at the commencement of the Term.

3.5 Utilities
Lessee shall pay for all water, heat, light, power, telephone, and any other utilities supplied to the Premises.

3.6 Parking
Lessee agrees that District parking facilities shall not be used in conjunction with the operation of the Premises.

3.7 Removal of Waste
Lessee shall, at its own expense, be responsible for the removal of all waste, water, trash and rubbish resulting from the maintenance or operation of said facility. Lessee shall supply its own means of trash removal and shall not in any way use BART refuse containers.

3.8 Signs
Lessee shall not place, or permit to be placed on the Premises, any signs, advertisements or notices, without Lessor’s prior written consent.

4 3.9 Vending
Lessee shall not conduct or permit the vending or sale of any goods or services upon the Premises.

3.10 Hazardous Materials
Lessee shall not use, create, store or allow any hazardous materials or waste on the Premises. Lessee shall be responsible for and bear the entire cost of removal and disposal of hazardous materials or waste, including any spills or leaks of oil, gasoline, or contaminants, introduced to the Premises during Lessee’s period of possession of the Premises. Lessee shall also be responsible for any cleanup, decontamination, and remediation on or off the premises necessitated by such material or waste.

ARTICLE 4. MAINTENANCE AND REPAIRS

4.1 Lessee’s Obligations
Lessee, at its own cost and expense, shall maintain the Leased Premises, improvements and landscaping thereon, in good repair and in compliance with all requirements of law.

Lessee shall designate in writing to Lessor a representative who shall be responsible for the day-to-day operation and level of maintenance, cleanliness and general order of the Premises.

4.2 Lessor’s Rights
In the event Lessee fails to perform its obligations under this Article, Lessor shall give Lessee thirty (30) days written notice to do such acts as are reasonably required to so maintain the Premises. If Lessee fails to commence the work within the said thirty-day period or fails to diligently prosecute it to completion, Lessor shall have the right, but not the obligation, to do such acts and expend such funds at the expense of Lessee as are reasonably required to perform such work.

Any amount so expended by Lessor shall be paid by Lessee promptly after demand. Lessor shall have no liability to Lessee for any damage, inconvenience, or interference with the use of the Premises by Lessee as a result of performing such work.

4.3 Condition of Premises on Termination or Expiration of Lease Upon termination or expiration of the Lease, Lessee, at its sole cost, shall surrender the Premises to Lessor in good and sanitary order, condition and repair except for ordinary wear and tear, and free of subleases, liens, charges,

5 restrictions or encumbrances and have restored the Premises to its condition at the commencement of the Term, subject to Article 3.4.

ARTICLE 5. INDEMNIFICATION

5.1 Waiver of Claims
Lessee shall assume all risk of damage to property and/or personal injury or death of any person in or about the Premises from any cause arising out of this Lease, except to the extent caused by Lessor’s gross negligence or willful misconduct.

Lessee hereby waives all claims in respect thereof against Lessor except to the extent cause by Lessor’s gross negligence or willful misconduct. It is expressly agreed that Lessee rather than Lessor is wholly responsible for maintaining safe conditions on the Premises during the term of the Lease, and that Lessor’s nonprovision of maintenance, police, or safety services does not constitute negligence of any kind. This waiver of claims includes, but is not limited to, claims that result from Lessor’s Night Maintenance, regular maintenance, and seismic retrofit activities.

5.2 Agreement to Indemnify
Lessee shall defend, indemnify and hold the District, its directors, officers, agents and employees harmless from all claims, demands, suits, loss, damages, injury and liability (direct or indirect, including any and all costs and expenses in connection therewith) arising out of this Lease except to the extent caused by Lessor’s sole negligence or willful misconduct. Lessee acknowledges that the obligation to indemnify includes, but is not limited to, claims that result from Lessor’s Night Maintenance, regular maintenance and seismic retrofit activities.

5.3 Agreement to Provide Defense
Lessee agrees at its own cost, expense and risk to defend any and all claims, actions, suits or other legal proceedings brought or instituted against the District, its directors, officers, agents, and employees arising out of this Lease, and to pay and satisfy any resulting judgments, except to the extend caused by Lessor’s gross negligence or willful misconduct. Lessee acknowledges that the obligation to provide defense includes, but is not limited to, claims that result from Lessor’s Night Maintenance, regular maintenance, and seismic retrofit activities.

ARTICLE 6. INSURANCE
At all times during the life of this Lease, or as may further be required by this Lease, Lessee at its own cost and expense shall provide the insurance specified by this Article.

6 6.1 Evidence Required
At or before execution of this Lease, Lessee shall provide Lessor with a certificate of insurance executed by an authorized representative of the insurer(s) evidencing that Lessee’s insurance complies with this Article. The certificate shall reference the applicable Rental Account Number and Name of Tenant/City as title to which the certificate relates. A copy of all required endorsements shall be included with and attached to the Certificate of Insurance.

6.2 Notice of Cancellation, Renewal, Reduction or Material Change in Coverage
All policies shall be endorsed to provide thirty (30) days prior written notice of any cancellation, reduction or material change in coverage. For policies that extend beyond the coverage policy year, Lessee shall submit to the District’s Manager of Insurance certification confirming the insurance has been renewed and continues in place. Notice shall be forwarded to:

Real Estate and Property Management Department
San Francisco Bay Area Rapid Transit District
Attention Joseph Basuino, Group Manager
2150 Webster St. Floor 9
Oakland, California 94612

6.3 Qualifying Insurers
All policies shall be issued by California admitted companies which hold a current policy holders alphabetic and financial size category rating of not less than A:VIII according to Best’s Insurance Reports.

6.4 Insurance Required
A. Commercial General Liability Insurance for bodily injury (including death) and property damage which provides limits of not less than Two Million Dollars ($2,000,000) per occurrence and Four Million Dollars ($4,000,000) annual aggregate.

1. Coverage shall include:
a) Premises and Operations;
b) Products/Completed Operations;

7 c) Broad Form Property Damage;
d) Contractual liability;
e) Personal Injury liability; and
f) Cross-Liability and Severability of Interests.

2. Such insurance shall include the following endorsements, copies of which shall be provided:
a) Inclusion of the District, its directors, officers,
representatives, agents and employees as additional
insured as respects to Lessee’s operations in
connection with this Lease;
b) Stipulation that the insurance is primary insurance
and that no insurance or self-insurance of the
District will be called upon to contribute to a loss.

B. Comprehensive Automobile Liability for bodily injury (including death) and property damage which provides coverage limits of at least One Million Dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles.

C. Workers’ Compensation/Employer’s Liability Insurance Statutory Workers’ Compensation and Employer’s Liability insurance for not less than One Million Dollars ($1,000,000) per accident applicable to Employer’s Liability coverage for all employees engaged in services or operations under this Lease. The policy shall include broad form all-states/other states coverage. Coverage shall be specifically endorsed to include the insurer’s waive of subrogation in favor of the District, its directors, officers, representatives, agents and employees, a copy of which shall be provided to the District. Should Lessee contract any work to be done on the Leased premises, Lessee shall require each contractor or subcontractor of any tier to similarly comply with this Article, all in strict compliance with federal and state laws.

6.5 Special Provisions
A. The foregoing requirements as to the types and limits of insurance coverage to be maintained by Lessee and any approval of said insurance by Lessor is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Lessee pursuant to this Lease, including but not limited to the provisions concerning indemnification.

B. Lessor acknowledges that some insurance requirements contained in this article may be fulfilled by a funded self-insurance program

8 of Lessee. However, this shall not in any way limit liabilities assumed by Lessee under this Lease. Any self-insurance program must be approved in writing by Lessor.

C. Should any of the work under this Lease be contracted, Lessee shall require each of its contractor or subcontractor of any tier to provide the aforementioned coverage, or Lessee may insure its contractor(s) under its own policy(s).

D. Lessor reserves the right to terminate the Lease in the event of material noncompliance with the insurance requirements of this article.

ARTICLE 7. DEFAULT

7.1 Material Default
The occurrence of any of the following shall constitute a material default and breach of this Lease by Lessee.

A. Any failure by Lessee to maintain the Premises or the “Maintenance Area” or to pay rent, if applicable, or any other monetary sums required to be paid hereunder.

B. The abandonment or vacation of these Premises by Lessee. Failure to occupy and operate the Premises for thirty (30) consecutive days shall be deemed an abandonment or vacation.

C. A failure by Lessee to observe and perform any other provision of this Lease to be observed or performed by Lessee, where such failure continues for thirty (30) days after written notice thereof by Lessor to Lessee; provided, however, that if the nature of such default is such that it cannot be reasonably cured within such thirty (30) day period, Lessee shall not be deemed to be in default if Lessee shall within such period commence such cure and thereafter diligently prosecute it to completion.

D. The making by Lessee of any general assignment or general arrangement for the benefit of creditors; the filing by or against Lessee of a petition to have Lessee adjudged bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee the same is dismissed within sixty (60) days); the appointment of a trustee or receiver to take possession of substantially all of Lessee’s assets, where possession is not restored to Lessee within forty-five (45) days; or the attachment, execution or other judicial

9 seizure of substantially all of Lessee’s assets, where such seizure is not discharged within thirty (30) days.

7.2 Immediate Termination
In the event of any material default or breach by Lessee, Lessor may at any time thereafter, without limiting Lessor in the exercise of any right or remedy at law or in equity which Lessor may have by reason of such default or breach, immediately terminate this Lease.

7.3 Lessor’s Remedies
In the event of any material default or breach by Lessee, Lessor may at any time thereafter, without limiting Lessor in the exercise of any right or remedy at law or in equity which Lessor may have by reason of such default or breach:

A. Maintain this Lease in full force and effect and recover the rent and other monetary charges as they become due, without terminating Lessee’s right to possession, irrespective of whether Lessee shall have abandoned the Premises. In the event Lessor elects not to terminate the Lease, Lessor shall have the right to attempt to re-let the premises at such rent and upon such conditions and for such a term, and to do all acts necessary to maintain or preserve the premises as Lessor deems reasonable and necessary without being deemed to have elected to terminate the Lease, including removal of all persons and property from the premises; such property may be removed and stored in public warehouse or elsewhere at the cost of and for the account of Lessee. In the event any such reletting concurs, this Lease shall terminate automatically upon the new Lessee taking possession of the Premises. Notwithstanding that Lessor fails to elect to terminate the Lease initially, Lessor at any time during the term of this Lease may elect to terminate this Lease by virtue of such previous default of Lessee.

B. Terminate Lessee’s right to possession by any lawful means, in which case this Lease shall terminate and Lessee shall immediately surrender possession of the premises to Lessor. In such event Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee’s default including without limitation thereto, the following:
i) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus

10 ii) the worth at the time of award of the amount by which the unpaid rent which would have been earned after
termination until the time of award exceeds the amount of such rental loss that is proved could have been reasonably avoided; plus
iii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that is proved could be reasonably avoided; plus
v) any other amount necessary to compensate Lessor for all the detriment proximately caused by Lessee’s failure to perform his obligations under this Lease or which in the ordinary course of events would be likely to result
therefrom; plus
v) at Lessor’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable State law.

Upon any such re-entry Lessor shall have the right to make any reasonable repairs, alterations or modification to the premises, which Lessor in its sole discretion deemed reasonable and necessary. As used in subparagraphs (i) and (ii), above, the “worth at the time of award” is computed by allowing interest at a rate equal to the Federal Reserve Bank discount rate per annum from the date of default. As used in subparagraph (iii), above, the “worth at the time of award” is computed by discounting such amount at the discount rate of the Federal Reserve Bank at the time of award. The term “rent” as used in this Article shall be deemed to be and to mean rent to be paid pursuant to Article 2 and all other monetary sums required to be paid by Lessee pursuant to the terms of this Lease.

7.4 Lessor’s Right to Cure Lessee’s Default
At any time after Lessee is in default or material breach of this Lease, Lessor may cure such default or breach at Lessee’s cost. Unless shorter notice is expressly provided for herein, Lessor shall give Lessee thirty (30) days written notice prior to curing such default or material breach at Lessee’s cost. If Lessor at any time, by reason of such default or breach, pays any sum of does any act that requires the payment of any sum, the sum paid by Lessor shall be due immediately from Lessee to Lessor at the time the sum is paid.

ARTICLE 8. ASSIGNMENTS, SUBLEASES AND ENCUMBRANCES

8.1 Assignments and Subleases

11 Lessee shall not assign, transfer or sublease its interest in this Lease or in the premises without first obtaining Lessor’s prior written consent which shall be granted or withheld in Lessor’s sole discretion. Lessor’s consent to any assignment, sublease or encumbrance shall not constitute a waiver of any of the terms, covenants or conditions of the Lease, which shall apply to each and every assignment or sublease of this Lease. Lessor’s consent to one assignment or subletting shall not be construed as a consent to any other assignment or subletting. Despite consent of Lessor to assignment or sublease, Lessee shall remain liable for any cause of action arising out of the subsequent lease.

Lessee’s failure to obtain Lessor’s required prior written approval of any assignment or sublease shall render such assignment or sublease void.

8.2 Encumbrances
Lessee shall not encumber the Leased Premises in any manner whatsoever.

Lessee shall keep the Premises and the property in which the Premises are situated free from any liens arising out of any work performed, material furnished, or obligations incurred by or for Lessee.

ARTICLE 9. ADDITIONAL PROVISIONS

9.1 Termination for Convenience
Either party to this Lease may at any time during the term hereof terminate the Lease by giving written notice at least ninety (90) days prior to the date when such termination shall become effective. In the event of such termination, any unearned rental paid by Lessee shall be returned to Lessee.

9.2 Quiet Enjoyment
Lessor hereby agrees that Lessee, upon paying rent and other monetary sums due under the Lease and performing all obligations required to be performed herein, shall during the term of the Lease quietly hold and enjoy the Premises without hindrance from Lessor.

9.3 Right to Re-entry

12 Lessor shall have the right to enter the Premises at reasonable hours and, except in the event of an emergency, on reasonable prior notice to (1) inspect the Premises; (2) exhibit the Premises to prospective purchasers, lenders, or tenants; (3) determine whether lessee is complying with all obligations under this Lease, including but not limited to the right to take samples of substances and materials present for testing should there be a concern that hazardous materials have been placed on the Premises; (4) perform testing or other investigatory work, including, but not limited to, excavating around pier footings, surveying and potholing. Reentry by Lessor shall be done as promptly as reasonable possible and with as little interference to Lessee as reasonably possible.

9.4 Waiver of Claims
Lessee waives any damage claims for inconvenience or interference with Lessee’s business or loss of occupancy or quiet enjoyment of the Premises caused by Lessor’s entry pursuant to Article 9.3. Entry to the Premises by Lessor in an emergency shall not be construed as forcible or unlawful entry, a detained, or an actual or constructive eviction of Lessee.

9.5 Holding Over
Any holding over, with Lessor’s consent, after the expiration of the term of the Lease, shall be a tenancy from month to month, and shall otherwise be on the terms of this Lease, except that a holdover rent can be assessed as determined by Lessor.

9.6 Non-Discrimination
Lessee for itself, its representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (1) no person on the grounds of race, color, religion or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the Leased Premises and (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, religion or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. In the event of breach of the above nondiscrimination covenants, Lessor shall have the right to terminate the Lease pursuant to Article 7.2.

9.7 Relocation

13 Lessee understands and agrees that this tenancy is of a temporary nature, and that no relocation payment will be sought or provided in any form as a consequence of this tenancy.

9.8 Condemnation
If any of the Premises shall be taken by eminent domain and a part thereof remains which is susceptible of occupation for the Specified Use hereunder, this Lease shall, as to the part taken, terminate as of the date title shall vest in the Condemnor, and the rent payable hereunder shall be adjusted so that Lessee shall be required to pay for the remainder of the term only such proportion of such rent as the value of the part remaining after condemnation bears to the value of the entire premises at the date of condemnation; but in such event Lessor may terminate this Lease as of the date when title to the part so taken vests in the Condemnor. If all of the Premises of such part taken thereof be so taken so that there does not remain a portion susceptible of occupation for the Specified Use hereunder, this Lease shall thereupon terminate. If a part of all the Premises be so taken, all compensation awarded upon such taking shall go to Lessor, and Lessee hereby assigns to Lessor any right to compensation or damages to which Lessee may be entitled by reason of any such taking.

9.9 Notices
All notices and payments of rent shall be given to the Lessor in writing, personally or by mail, addressed as follows: San Francisco Bay Area Rapid Transit District, Real Estate and Property Management Department, 2150 Webster Street, Floor 9, Oakland, California 94612, Attention: Group Manager, Real Estate and Property Management Department.

All notices given by Lessor to Lessee shall be addressed as follows: City of Concord, Department of Parks and Recreation, 1950 Parkside Drive, Concord, CA 94519.

9.10 Subordination of Prior Lease
This Lease terminates any prior or existing Lease, tenancy or permit between Lessor and Lessee with respect to the Premises leased hereby.

9.11 Tax
Lessee recognizes and understands in accepting this Lease that his interest therein may be subject to a possessory interest tax that the City or County may impose on

14 such interest, and that such tax payment shall not reduce any rent due the Lessor hereunder, and any such tax shall be the liability of and be paid by the Lessee.

9.12 Entire Agreement
This Lease constitutes the entire agreement between the parties, and it may be amended only in writing signed by both parties. No obligations other than those set forth herein will be recognized.

9.13 Severability
If any term or provision of this Lease shall be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.

9.14 Cost of Suit
If Lessor or Lessee shall bring an action for any relief against the other, declaratory or otherwise, arising out of this Lease, the losing party shall pay the successful party’s reasonable attorneys’ fees.

9.15 Governing Law
This Lease shall be governed by the laws of the State of California.

9.16 Waiver
No covenant, term or condition, or the breach thereof, shall be deemed waived, except by written consent of the party against whom the waiver is claimed. Any waiver shall not be deemed to be a waiver of any preceding or succeeding breach.

Acceptance by Lessor of any performance by Lessee after the time the same shall have become due shall not constitute a waiver by Lessor of the breach or default of any covenant, term or condition unless otherwise expressly agreed to by Lessor in writing.

9.17 Binding Effect
Subject to any provisions herein as to assignment and subletting, the terms of this Lease shall bind and inure to the benefit of the parties hereto and their respective heirs, representatives, successors and assigns.

15 IN WITNESS WHEREOF, the parties have executed this Lease the day and year first above written.

SIGNATURES ON NEXT PAGE

16 LESSEE: LESSOR:

City of Concord SAN FRANCISCO BAY AREA

RAPID TRANSIT DISTRICT
By: By:

Valerie J. Barone Joseph Basuino
City Manager Group Manager, Real Estate and
Property Management Department

DATE DATE
Approved as to Form:

By: By:

Susanne Meyer Brown Patricia Schuchardt
City Attorney Property Manager, Real Estate and Property Management Department
[email protected]

DATE DATE
Attest:
____________________________________
Joelle Fockler, MMC
City Clerk
Finance Director’s Certification
City of Concord
Date: ______________________________
Account Code: ______________________________
Amount: _______________________________
I hereby certify that adequate funds exist or will be received during the current fiscal year 2023/2024 to pay anticipated expenses to be incurred pursuant to this contract. _________________________________
Director of Finance

17 “Exhibit A” – Premises

18 “Exhibit B”

Staff Report
Date: June 27, 2023
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Justin Ezell, Assistant City Manager
[email protected]
(925) 671-3155
Subject: Considering approval of a License Agreement with ABC Tree Farms, LLC for a fee of $6,090 per month from September through December 2023 ($24,360 total) to allow temporary operation of a pumpkin patch and Christmas tree lot for the property bounded by Clayton Road, Concord Boulevard, and Galindo Street; and authorizing the City Manager to sign the agreement in a form acceptable to the City Attorney.

CEQA: Exempt per CEQA Guidelines Sections 15301 –
Existing Facilities, 15302 -- Replacement or Reconstruction, 15303 – New Construction and Small Structures, 15304 – Minor Alterations to Land, and/or 15305 – Minor Alterations in Land Use Limitations.

Report in Brief
The City owns what is known as the “white picket fence property,” which is bounded by Clayton Road, Concord Boulevard, and Galindo Street. Beginning in 2021, ABC Tree Farms, LLC has temporarily licensed the property to operate a pumpkin patch and Christmas tree lot. The company wishes to again license the property for the 2023 holiday season.

City staff supports the temporary licensing of the property for this use because it will help stimulate activity within the downtown during the 2023 holiday season. In addition, City staff negotiated a favorable licensing fee while also developing conditions which ensure the City’s best interests in terms of safety of patrons, motorists, and pedestrians, and compliance with applicable policies and regulations. The proposed licensing

5.h

City Council Agenda Report
Agenda Item No. 5.h
June 27, 2023
agreement also ensures that the property and adjacent roadways will be fully restored to pre-licensing conditions.

Recommended Action
Approve a License Agreement with ABC Tree Farms, LLC for a fee of $6,090 per month from September through December 2023 ($24,360 total) to allow temporary operation of a pumpkin patch and Christmas tree lot for the property bounded by Clayton Road, Concord Boulevard, and Galindo Street; and 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.

Background
In 2021, ABC Tree Farms contacted the City with a proposal to operate a pumpkin patch and Christmas tree lot on the City property located at Clayton Road, Concord Boulevard, and Galindo Street. The subject property is commonly referred to as “the white picket fence property” by staff and the community. The property is currently vacant, and the previous temporary use was for a single season; however, ABC Tree Farms wishes to again license the property for the 2023 season. The City is currently following Surplus Land Act regulations to place the property on the market for future permanent redevelopment; the proposed temporary use will not impact that process.

Analysis
The proposal from ABC Tree Farms is the same as it was in 2022 and includes uses ancillary to the sale of pumpkins and Christmas trees; including: inflatable slides and jump houses, paintball, pony rides, and other children’s activities. The white picket fence property is underutilized, suitable, and available for temporary operation of a pumpkin patch and Christmas tree lot, with enough available space for the proposed activities and onsite parking.

ABC Tree Farms has conducted other successful pumpkin patch and Christmas tree lot operations on non-City owned property within the community for a number of years.

This includes a location at Marsh Drive and Solano Way, and a location at Oak Grove and Monument Boulevard. Each location undergoes a review and permitting process through Concord’s Planning Division and the Contra Costa County Fire Protection District. Such is the case with this year’s proposed use of the white picket fence property.

In addition to the review and permitting process discussed above, the City of Concord’s Transportation and Engineering divisions reviewed the proposed uses of the property and developed a number of conditions to ensure the City’s best interests, the safety of patrons, motorists, and pedestrians, and compliance with applicable policies and regulations. The Public Works Department, Police Department, and the Transportation and Engineering Divisions of the Community Development Department supported the proposed use given the applicants acceptance of conditions imposed by staff.

City Council Agenda Report
Agenda Item No. 5.h
June 27, 2023
The activities proposed by ABC Tree Farms will be highly visible by passing motorists, acting as a magnet that draws people into the downtown to further simulate activity.

Additionally, the $6,090 monthly license fee is competitively priced when compared to similar rentals of vacant lots used for these purposes. Finally, the proposed license agreement places requirements on the licensee to improve and restore the condition of the property and fence.

Financial Impact
The license agreement would provide $24,360 to the City for the four-month period.

This payment would be placed in the City’s General Fund.

Environmental Determination
The license agreement is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 – Existing Facilities, 15302 -- Replacement or Reconstruction, 15303 – New Construction or Small Structures, 15304 – Minor Alterations to Land, and/or 15305 – Minor Alterations in Land Use Limitations.

Public Contact
The City Council Agenda was posted.

Attachments

1. License Agreement between the City of Concord and ABC Tree Farms, LLC, with Exhibit A – Proposed Layout

LICENSE AGREEMENT
This License Agreement (“Agreement”) is entered into on June 27, 2023 (“Effective Date”) between the City of Concord, a California municipal corporation (“City”) and ABC Tree Farms, LLC, a limited liability company, located at 25 NW 23rd Place, #6 PMB 367, Portland, OR 97210 (“Licensee”).

Recitals
A. City owns certain real property generally located in the 1700 block of Galindo Street, Concord, CA, APN 126-143-012 (“Property”).

B. Licensee would like to obtain a temporary, non-exclusive, and limited right, privilege, and permission to use portions of the Property as shown on Exhibit A (“License Area”) for the purpose of operating a pumpkin patch and Christmas Tree lot subject to certain conditions (as further defined in Sections 5 and 6 below).

C. City is willing to allow such use pursuant to the terms of this Agreement.

Terms and Conditions
NOW, THEREFORE, in consideration of the mutual promises herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Licensee agree as follows:

1. License
A. Grant of License. City hereby grants to Licensee a non-exclusive and limited right, privilege, and permission to use the License Area (including reasonable access to the License Area beginning in August 2023) for i) the purpose of operating a pumpkin patch and Christmas tree lot during the months of September through December; and ii) for no other purpose, subject to all leases, subleases, easements, restrictions and reservations now or subsequently pertaining to the License Area, the Property, or any portion thereof. Licensee’s reasonable access to the License Area beginning in August 2023 is subject to all terms and conditions of this Agreement except for payment of the License Fee indicated in Section 3, below.

B City Access. Licensee agrees that the City or its appointed representatives shall have access to the License Area at all times. City shall have the unrestricted right to observe all activities by Licensee and/or any Licensee Party at the Property. “Licensee Party” means any of Licensee’s partners, officers, officials, volunteers, shareholders, members, employees, agents, invitees, representatives, contractors, subcontractors, sub-licensees, successors, assigns, consultants, experts, and any other person or entity affiliated with Licensee or under Licensee’s direction or control.

C. Condition of Property. Licensee represents and warrants that Licensee has Attachment 1

inspected and examined the License Area and accepts the License Agreement in its present “as is” condition. Licensee acknowledges and agrees that neither City, nor anyone acting for or on behalf of City, has made any representations, warranties, or promises to Licensee, or to anyone acting for or on behalf of Licensee, concerning the condition of the License Area, the Property, any portion thereof, or any other aspect thereof including any structures or improvements located thereon, the availability of utilities, or the absence or presence of hazardous materials. Licensee shall keep the License Area in a clean, orderly and sanitary condition to the satisfaction of the Public Works Director or his/her designee. Licensee agrees to take proper care to maintain and preserve the property of City. Upon expiration or other termination of this Agreement, Licensee shall remove all of its employee vehicles and other installations from and shall repair and restore the License Area, the Property, and all portions thereof, and shall peaceably surrender such areas to the City clean and in the same condition as when received, reasonable wear and tear excepted.

D. Risk of Loss. City assumes no responsibility for loss or any damage to the property of the Licensee or Licensee’s employees, including theft, vandalism or other property loss or damage incurred as a result of Licensee’s use of the License Area.

E. Advertising. Licensee shall not at any time display any advertising sign without City’s prior written approval, which City may condition or withhold in its sole discretion.

2. Term. The term of this License Agreement shall be for a period of four (4) months commencing on September 1, 2023 (“Commencement Date”) and expiring on December 31, 2023. The term may be extended by the parties upon mutual written agreement by the parties. The City Manager is authorized to execute such renewal or extension of the License Agreement.

3. License Fee. The “License Fee” shall be $6,090 per month for the period of September 1 through December 31, for a total of $24,360, commencing on the Commencement Date. Licensee shall pay the License Fee to City without notice, demand, offset or deduction, in advance, on the first day of each month of the Term. If the License Fee is due for a period of less than a full month, it shall be prorated for such partial month on the basis of a 30-day month. Licensee shall remit the License Fee to the City of Concord Finance Department, 1950 Parkside Drive MS/06, Concord, CA 94519 or at such other address as Landlord may from time to time designate in writing to Tenant for the payment of the License Fee.

4. Possessory Taxes. Licensee acknowledges and agrees to pay when due any taxes of any kind and every nature, including but not limited to possessory interest tax that may be imposed upon the License Area or Licensee’s use thereof pursuant to Revenue and Taxation Code Section 107.6

5. Pumpkin Patch and Christmas Tree Lot. “Pumpkin patch and Christmas tree lot” means temporary sale of pumpkins and Christmas trees, in addition to ancillary uses such as inflatable slides and jump houses, paintball, pony rides, and other children’s

activities within the License Area. Absent an amendment or modification of this Agreement, no activities other than those described above are allowed. No other alterations (including temporary or permanent structures, changes and/or additions) shall be made to the License Area, the Property, or any portion thereof, and no other work or activities shall be allowed without City’s prior written consent, which City may condition or withhold in its sole discretion. Licensee shall provide City with at least one (1) business day prior written notice before conducting any work. All work and all other activities pursuant to this Agreement shall be at the sole cost and expense of Licensee.

6. Conditions. “Conditions” means the following:

A. Following removal of the delineators, on both Clayton Road and Concord Blvd, Licensee shall restore striping and re-slurry the second lanes for the 100 foot portion adjacent to the removed delineators.

B. A surface stabilization treatment for the proposed parking lot, as vehicles driving through unpaved dirt will generate a lot of dust (impacting adjacent residences and businesses), and if it rains, mud will track onto the streets resulting in a storm water violation and potentially expanding the extent of required slurry at the termination of the temporary use.

C. To the extent that the use is proposing pedestrian access (Entrance/Exit) into the lot, all designated paths of travel are required to comply with ADA standards. The only concrete sidewalks adjacent to the lot are adjacent to Galindo St and on the SW portion of the lot adjacent to Clayton Rd. If the project is proposing to have visitors walk adjacent to Clayton Rd, the portion between the exit driveway and Galindo St is not currently ADA Compliant. This pathway would require construction per City standard detail, S-10, and the existing driveway on Clayton Rd would likewise require reconstruction to City standards to be ADA compliant, as well.

D. The existing ‘Signal Ahead’ blinking warning light on Concord Blvd must remain visible to motorists at all times.

E. Prior to and following termination of the temporary use, the City will require the restoration of fencing around the lot, including any missing or damaged sections, back to “new.”
F. Absent an amendment or modification of this Agreement, no activities other than those described above are allowed. No other alterations (including temporary or permanent structures, changes and/or additions) shall be made to the License Area, the Property, or any portion thereof, and no other work or activities shall be allowed without City’s prior written consent, which City may condition or withhold in its sole discretion. Licensee shall provide City with at least three (3) business days prior written notice before commencing any work. All work and all other activities pursuant to this Agreement shall be at the sole cost and expense of Licensee.

G. Temporary power installed by Licensee must be removed following

termination of the use.

7. Indemnification. The following obligations are in addition to those imposed by applicable provisions of the Concord Municipal Code. Licensee agrees to and shall defend (with independent counsel approved by the City), indemnify and hold harmless the City, its officers, officials, employees, agents, representatives and volunteers (each, a “City Party”) from and against any and all claims, demands, actions, losses, damages, injuries, and liability, including all attorney’s fees, expert fees, consultant fees, and other litigation costs and expenses (“Claims”) arising out of or connected in any way with: (a) the Permitted Use; (b) Licensee’s or any Licensee Party’s activities on or about, operation of, access to, and/or use of, the License Area, the Property, or any portion thereof; (c) this Agreement; or (d) Licensee’s or any Licensee Party’s performance, nonperformance, breach, or default under this Agreement (individually and collectively, “Activities”), except to the extent caused by City’s sole or active negligence or willful misconduct.

8. Insurance. Licensee 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. Licensee 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. Licensee 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. Compliance with State Workers’ Compensation Requirements.

Licensee covenants that it will insure itself against liability for Workers’ Compensation pursuant to the provisions of California Labor Code §3700, et seq. Licensee 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 Licensee for City. This provision shall not apply upon written verification by Licensee that Licensee has no employees.

D. 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 Licensee and operations of Licensee, premises owned, occupied, or used by Licensee. 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. Licensee shall also provide timely and prompt notice to City if Licensee receives any notice of cancellation or nonrenewal from its insurer.
(2) Primary Coverage. Licensee’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 Licensee’s insurance and shall not contribute with it.
(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. Licensee 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.

9. Compliance With Laws. Licensee shall at all times comply with, and shall pay all costs and expenses which may be incurred or required to be paid in order to comply with, any and all laws, statutes, ordinances, rules, regulations, permitting requirements, labor codes, prevailing wage requirements, hazardous materials laws, the Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et seq., covenants and restrictions of record, life and fire safety and similar requirements, including those of the State of California, the County of Contra Costa, the City of Concord, or other applicable authority, all as amended from time to time (“Laws”) which apply to any Licensee Activities, including those requiring payment of any fees, charges or assessments arising out of or in any way related to any Activities or any portion thereof as a source of adverse environmental impacts or effects. Licensee shall not permit or suffer any mechanic’s lien to be filed against the License Area, the Property, any portion thereof, or any interest therein, and shall immediately discharge any such lien. Licensee agrees to and shall protect, defend (with independent counsel approved by the City), indemnify and hold harmless the City and each City Party from and against any and all Claims arising out of or connected in any way with any such lien, except to the extent caused by City’s sole or active negligence or willful misconduct.

10. Environmental Matters.

A. Definitions. “Hazardous Materials” means hazardous waste (as defined in

42 U.S.C. 16901, et seq.), hazardous substance (as defined in 42 U.S.C. §9601, et seq.), and any other hazardous, toxic, radioactive, carcinogenic, or prohibited materials, substances or wastes. “Hazardous Materials Laws” means all Laws concerning the management, use, generation, storage, transportation, presence, discharge or disposal of Hazardous Materials.

B. Generator. City shall not be identified on any documents or otherwise as the generator of any materials or wastes on any manifests or similar documents regarding any Hazardous Materials, or any other materials or wastes resulting from the work or permitted use.

C. Compliance with Hazardous Materials Laws. Licensee shall, at its sole cost and expense, comply with all Hazardous Materials Laws. Neither Licensee nor any Licensee Party shall use, handle, store, transport, release or dispose of any Hazardous Materials anywhere in, on, under or about the License Area, the Property, or any portion thereof. Licensee shall cause any and all Hazardous Materials brought onto, used, generated, stored or discharged in, on, under or about the License Area, the Property, or any portion thereof to be removed from the License Area, the Property, and all portions thereof, and transported for disposal in accordance with applicable Hazardous Materials Laws. City shall have the right to conduct tests, inspections and surveys concerning Hazardous Materials and to monitor Licensee’s compliance with its obligations concerning Hazardous Materials and Hazard Materials Laws. Licensee shall immediately notify City in writing of any voluntary clean-up or removal action instituted or proposed by Licensee, any enforcement, clean-up, removal or other governmental or regulatory action instituted or threatened, or any claim made or threatened by any person against Licensee, the License Area, the Property, or any portion thereof, relating to Hazardous Materials or Hazardous Materials Laws. Licensee shall also supply to City as promptly as possible, and in any event within five (5) business days after Licensee receives or sends same, copies of all claims, reports, complaints, notices, warnings or asserted violations concerning Hazardous Materials or Hazardous Materials Laws which in any way relate to any of the Activities.

D. Indemnification for Hazardous Materials. In addition to the indemnification provision set forth in Section 6 above, except to the extent caused by City’s sole or active negligence or willful misconduct, Licensee agrees to and shall defend (with independent counsel approved by the City), indemnify and hold harmless the City and each City Party from and against any and all Claims (including investigation, removal, remediation, cleanup and monitoring costs), asserted against or incurred at any time and from time-to-time by reason of or arising out or connected in any way with (a) the presence or release of any Hazardous Materials in, on, under or about the License Area, the Property, or any portion thereof; (b) any Activities; (c) the use, generation, storage, treatment, handling, transportation, disposal or release of any Hazardous Materials by or for Licensee or any Licensee Party; or (d) the violation of any Hazardous Materials law by Licensee or any Licensee Party. Such indemnity obligation shall include any Claims for tangible or intangible property damage; compensation for lost wages, business income, profits or other economic loss; damage to the natural resource or the environment; nuisance; trespass; and/or contamination, leak,

spill, release or other adverse effect on the environment.

11. 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.

12. Non-Waiver. The waiver by either party of any breach of any term, covenant, or condition contained in this Agreement, or any default in their performance of any obligations under this 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 constitute a continuing waiver of same.

13. Enforceability; Interpretation. All duties and obligations of Licensee hereunder shall also be deemed to the duties and obligations of each Licensee Party, and Licensee shall be responsible for any breach of any provision of this Agreement by any Licensee Party. In the event that any of the provisions or portions of application of any of the provisions of this Agreement are held to be illegal or invalid by a court of competent jurisdiction, City and Licensee shall negotiate an equitable adjustment in the provisions of this Agreement with a view toward affecting the purpose of this Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of this Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of this 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.

Each party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof.

Headings used in this Agreement are for convenience of reference only and shall not be used in construing this Agreement. Where the context so requires, the use of the singular shall include the plural and vice versa. The words “include” and “including” shall be interpreted as though followed by the words “without limitation.”

14. Integration. The recitals and any exhibits attached to this Agreement are incorporated by reference as though fully restated herein. This Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement, and merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between Licensee and City, whether oral or written.

15. Successors and Assigns; No Third Party Beneficiaries; No Joint Venture.

Licensee binds itself and its successors and assigns to the terms and obligations of this Agreement. Licensee shall not assign or transfer any interest in this Agreement without the City’s prior written consent, which City may condition or withhold in its 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, or any joint venture, partnership, employment, or agency relationship between the parties.

16. Notices. All notices required hereunder shall be in writing and mailed postage prepaid by certified or registered first class United States mail, return receipt requested, or by personal delivery to the City’s address as shown below, or such other places as City or Licensee may, from time to time, respectively, designate in a written notice given to the other. Notices shall be deemed effectively served upon deposit in the United States Mail, or upon personal delivery.

To City: City of Concord
Attention: Public Works
Director 1455 Gasoline
Alley, MS/45 Concord, CA
94520
Telephone: (925) 671-
3231
Email:
[email protected]
To Licensee: ABC Tree Farms
Holly Prinz, Director of Operations
25 NW 23rd Place, #6
PMB 367
Portland, OR 97210
Telephone: (408) 383-6303
Email: [email protected]

17. Non-Liability. Neither City nor any City Party shall be personally liable to Licensee or otherwise in the event of any default or breach of the City, or for any amount which may become due to Licensee or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.

18. Execution; Counterparts; Amendment. Each individual or entity executing this Agreement on behalf of Licensee represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of Licensee and that such execution is binding upon Licensee. 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. This Agreement may be amended or modified only by a writing duly executed by authorized representatives of both parties, and made and approved in compliance with the City of Concord Municipal Code.

19. No Title; No Recording. Nothing in this Agreement or any activities pursuant to this Agreement shall convey or create in Licensee any right, title or interest in the License

Area, the Property, or any portion thereof. Licensee may not record this Agreement or a memorandum referring to this Agreement without City’s prior written consent, which City may condition or withhold in its sole discretion.

20. Survival. The terms and conditions of the following Sections shall survive any termination or expiration of this Agreement: Section 7 (Indemnification), Section 8 (Insurance), Section 9 (Compliance with Laws), Section 10 (Environmental Matters), Section 11 (Choice of Law), Section 17 (Non-Liability), and Section 20 (Survival).
(Signatures on following page)

IN WITNESS WHEREOF, City and Licensee have respectively entered into this Agreement as of the Effective Date.

LICENSEE: CITY:

ABC Tree Farms, LLC,
a California limited liability company

CITY OF CONCORD,
a California municipal corporation
By: By:

Name: Holly Prinz Valerie J. Barone, City Manager
Its: Director of Operations
ATTEST:

By:

Joelle Fockler, MMC, City Clerk
APPROVED AS TO FORM:

By:

Susanne Meyer Brown, City Attorney

From: Ezell, Justin <[email protected]>
Sent: Monday, June 26, 2023 5:07 PM
To: Barone, Valerie <[email protected]>
Subject: RE: FW: 6/27 agenda item 5 h
This email is being shared with all Councilmembers.

Councilmember Nakamura,
City resources involved in the agreement include staff time to prepare, review, and execute the license and a post-event review of the site. I am not aware of any other resource needs, such as Police calls for service, but am checking and will only report back if there is more information to share.

In addition to the $24k license fee, the company provides weed abatement and mends the fence as a part of the agreement (saving the City time and resources).

ABC Tree Farms tells me that they have about 2,200 local families that attend at Halloween, and about 1,300 local families that attend for the Christmas Trees.

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: "Nakamura, Laura" <[email protected]> Date: June 23, 2023 at 8:47:12 PM PDT
To: "Barone, Valerie" <[email protected]> Subject: 6/27 agenda item 5 h
Hello Valerie,
With regards to the lease for the white picket fence property - the city receives $24,360 to the general fund for the 4 months of use.

What is the cost to the city in resources or personnel? Do we know how many visitors attend for each of the seasons (Halloween and Christmas)? Thanks in advance.

Laura
Sent from my iPad
Benched Correspondence
Agenda Item No. 5.h
June 27, 2023

Staff Report
Date: June 27, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mark Bustillos, Chief of Police
Prepared by: Kevin Halm, Provisional Police Lieutenant
[email protected]
(925) 671-3336
Debbie Wellnitz, Administrative Services Manager
[email protected]
(925) 603-5878
Subject: Considering the following:

1. Adoption of a Resolution accepting and appropriating grant funding from the Fiscal Year 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $36,731 to the City of Concord as a second tier sub-grantee and the Contra Costa County Office of the Sheriff as the direct awardee; and

2. Authorizing the City Manager to execute a Memorandum of Understanding (MOU) with Contra Costa County Office of the Sheriff in the amount of $36,731, paid using grant monies, to provide for Two Limited Service Public Safety Positions (Police Officer Trainee) in a form acceptable to the City Attorney.

Report in Brief
On June 24, 2022, the Contra Costa County Office of the Sheriff announced that Fiscal Year 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program will award $36,731 to the City of Concord as a second tier sub-grantee. The Contra Costa County Office of the Sheriff is the direct awardee of JAG 2022 funds. Council is being requested to adopt a Resolution accepting and appropriating the grant funding and authorizing the City

5.i

City Council Agenda Report
Agenda Item No. 5.i
June 27, 2023
Manager to execute a Memorandum of Understanding (MOU) with Contra Costa County Office of the Sheriff in the amount of $36,731, paid using grant monies, to provide for two Limited Service Public Safety Positions (Police Officer Trainee). The duration of term for the MOU is October 1, 2021 through September 30, 2025.

Recommended Action

1. Adopt a Resolution accepting and appropriating grant funding from the Fiscal Year 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $36,731 to the City of Concord as a second tier sub-grantee and the Contra Costa County Office of the Sheriff as the direct awardee (Attachment 1); and

2. Authorize the City Manager to execute a Memorandum of Understanding (MOU) with Contra Costa County Office of the Sheriff in the amount of $36,731, paid using grant monies, to provide for two Limited Service Public Safety Positions (Police Officer Trainee) in a form acceptable to the City Attorney (Attachment 2).

Background
The Edward Byrne Memorial Justice Assistance Grant (JAG) is a Federal source of funding for local law enforcement agencies administered by the Bureau of Justice Assistance (BJA). The grant was created and named in honor of New York Police Department Officer Edward Byrne who was murdered in the line of duty in 1988.

On June 24, 2022, the Contra Costa County Office of the Sheriff (CCCSO) notified the Concord Police Department that Fiscal Year 2022 Edward Byrne Memorial Justice Assistance (JAG) Grant Program will award $36,731 to the City of Concord as a second tier sub-grantee with the CCCSO as the direct awardee of JAG 2022 funds. The CCCSO was notified by Office of Justice Program (OJP) on Local JAG allocations including sub-recipients on June 22, 2022. JAG 2022 performance period is October 1, 2021 through September 30, 2025 and is on the federal fiscal year, which begins in October and ends in September.

The City of Concord was required to submit Fiscal Year 2022 JAG Grant Program Narrative, Budget Worksheet and other required documentation to the CCCSO by July 15, 2022 so they can then submit the application as the direct awardee to OJP by the deadline in August 2022. Once CCCSO submits the application, they also prepare the MOU with the City of Concord as their sub-grantee for distribution to authorized signatories. Upon receipt of the MOU, the Police Department would prepare another Staff Report to obtain City Council approval for the grant funds as well as the execution of the MOU.

The CCCSO informed us that the JAG 2022 grant was officially awarded on February 6, 2023 and the delay was due to a System for Award Management error on their end. On May 16, 2023, CCCSO sent the Police Department the finalized JAG 2022 MOU

City Council Agenda Report
Agenda Item No. 5.i
June 27, 2023
between them and the City of Concord signed by the Undersheriff & County Administrator with a request for the City Manager’s signature.

Analysis
The JAG 2022 grant will be used primarily for limited service public safety positions and supplies. The City of Concord’s Program Narrative was submitted as follows:

Objective: Offset the costs associated with sponsoring two Limited Service Public Safety Positions (Police Officer Trainees) in a POST Certified Police Academy. The Concord Police Department sponsors Police Officer Trainees by paying for their academy tuition, paying them an hourly wage, providing the necessary uniforms, and required equipment to successfully complete the POST Basic Police Academy.

The attached Resolution authorizes the City Manager and Chief of Police to execute such agreements and other materials as are necessary or appropriate in order to achieve this program objective, and expend such grant funds, subject to City Attorney approval.

Financial Impact
No matching funds are required to accept and appropriate the grant funds.

Public Contact
The City Council Agenda was posted.

Attachments

1. A Resolution accepting and appropriating grant funding from the Fiscal Year 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $36,731 to the City of Concord as a second tier sub-grantee and the Contra Costa County Office of the Sheriff as the direct awardee

2. Memorandum of Understanding with the County of Contra Costa and Participating Contra Costa County Local Government Agencies for the Distribution of Regular Edward Byrne Memorial Justice Assistance Grant (JAG) 2022

Res. No. 23-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution accepting and appropriating grant
funding from the Fiscal Year 2022 Edward Byrne
Memorial Justice Assistance Grant (JAG) Program in
the amount of $36,731 to the City of Concord as a
second tier sub-grantee and the Contra Costa County
Office of the Sheriff as the direct awardee
Resolution No. 23-XX
/
WHEREAS, on June 24, 2022, Fiscal Year 2022 Edward Byrne Memorial Justice Assistance (JAG) Grant Program awarded $36,731 to the City of Concord as a second tier sub-grantee; and WHEREAS, the funds will be used for limited service public safety positions (Police Officer Trainees) and miscellaneous items during the period of October 1, 2021 to September 30, 2025; and WHEREAS, the Chief of Police has recommended acceptance of the Fiscal Year 2022 Edward Byrne Memorial Justice Assistance (JAG) Grant award.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

Section 1. Accepts these grant funds in the amount of $36,731.

Section 2. Authorizes the appropriation and use of these funds for expenditure on the public safety positions and miscellaneous items as outlined in the Memorandum of Understanding with the County of Contra Costa for the Edward Byrne Memorial Justice Assistance (JAG) Grant 2022.

Section 3. Authorizes the City Manager and Chief of Police to execute such agreements and other materials as are necessary or appropriate in order to meet the program goals and expend such grant funds, subject to the City Attorney approval.

Section 4. This Resolution shall become effective immediately upon its passage and adoption. //
//
//
//
//
Attachment 1

Res. No. 23-XX 2
PASSED AND ADOPTED by the City Council of the City of Concord on June 27, 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 27, 2023.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Attachment 2

Staff Report
Date: June 27, 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: Justine Gee, PE, Associate Civil Engineer
[email protected]
(925) 671-3284
Subject: Considering award of Construction Contract for On-Call Citywide Sewer Lateral Replacement & Sewer Main Spot
Repair (Project No. 2244) to APB General Engineering for one year (with three one-year extensions possible) in the amount not-to-exceed $300,000 annually. (Sewer Operating Fund) CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15282(j), 15378, 15301, 15302, 15303, 15304, Public Resources Code Section 21065, and/or 21080.19.

Report in Brief
The Capital Improvement Program project titled “On-Call Citywide Sewer Lateral Replacement & Sewer Main Spot Repair (Project No. 2244)” is intended to provide City staff with access to an on-call Sewer Contractor to perform as-needed repairs to sewer laterals and main lines. The project is specified as a one-year “on-call” services contract with a renewable option for up to three additional years upon mutual agreement of the Contractor and City of Concord. This on-call service would be used for replacement of damaged City-owned service laterals and spot-repairs on sewer mains to ensure adequate flow, and to reduce overflows and groundwater infiltration into the sewer system for projects that are either emergencies or have a cost under $60,000.

5.j

City Council Agenda Report
Agenda Item No. 5.j
June 27, 2023
Bids were opened on Thursday, May 25, 2023, for which one bid was received. APB General Engineering of San Pablo, CA was considered the apparent low bidder.

Recommended Action
Award of Construction Contract for On-Call Citywide Sewer Lateral Replacement & Sewer Main Spot Repair (Project No. 2244) to APB General Engineering for one year (with three one-year extensions possible) in the amount not to exceed $300,000 annually (Sewer Operating Fund); and make the CEQA determinations as provided in this staff report.

Background
The Plans, Specifications, and Estimate (PS&E) package for this project was structured as an “on-call” service contract for the repairs to sewer lateral and main lines. In order to provide prospective bidders with a biddable estimate of “on-call” services for the year, staff provided “estimated quantities” of various items of work needed over the year to establish “per unit” costs for each work item. For example, the prospective bidder was asked to provide a per-unit cost for the removal and replacement of a 6” sewer main spot repair (up to 6’ in length).

Determination of the lowest responsive and responsible bidder was based on the total bid for the estimated quantities. Actual work will be outlined on work orders issued to the Contractor, as needed, with a limited window for repair. An individual project will be limited to emergencies and/or situations where the total cost of the project is less than $60,000. The Contractor would then be paid as each work order is completed based on the unit prices. The last competitively bid On-Call Citywide Sewer Lateral Replacement & Sewer Main Spot Repair contract was similar in that it was for one-year with a renewable option for up to two additional years upon mutual agreement of the Contractor and the City of Concord. The last contract was awarded in February 2020, and both one-year extensions were used, so the contract concluded at the end of February 2023.

Procurement Process
The project was advertised for construction bids as required by State law and City policy. Bids were opened on May 25, 2023. One (1) bid was received in the amount of $131,500 as shown on the Bid Summary (Attachment 1). The lowest and only bid was received from APB General Engineering of San Pablo, CA. A summary of the lowest bid is as follows:

BID SCHEDULE APB General Engineering
Total Bid $ 131,500
The basis of award for this project is the Total Bid and there are no additive bids.

Though only one bid was received, it is considered a competitive bid as the bid item

City Council Agenda Report
Agenda Item No. 5.j
June 27, 2023
prices are consistent with other current sewer projects that have been recently bid. APB General Engineering submitted a bid in the amount of $131,600, however due to minor errors in their bid proposal, their corrected bid was revised to $131,500. APB General Engineering was the low bidder and submitted a responsive and responsible bid. APB General Engineering has an appropriate and valid contractor’s license and satisfactory work references.

The on-call contract will be limited to a not to exceed amount of $300,000 per year to perform work as assigned by Public Works on a work order basis. The unit bid prices in the awarded contract will lock in for the length of the contract.

Financial Impact
The award of the On-Call Construction Contract does not directly appropriate or expend funds. Funding for each work order would need to be in place prior to issuance of the work order and will be provided from existing capital or operating budget allocations.

The On-Call Construction Contract award limits the maximum annual cumulative value of work performed through all assigned work orders up to $300,000 per year.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15282(j), 15378, Public Resources Code Sections 21065 and/or 21080.19, award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, award of this contract is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and/or 15304 – Minor Alterations to Land, as it involves repairing sewer lateral and main lines. 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. The Notice of Exemption will be filed with the County Clerk’s office following the Council award of the construction contract.

Public Contact
The City Council Agenda was posted.

Attachment

1. Bid Summary

City of Concord
Bid Sheet
PROJECT #2244 Bid Opening:

Thursday,
May 25, 2023
2:30 pm
Citywide Sewer Lateral Replacement
Program
City Manager's Conference Room
To be awarded:

COMPANY TOTAL BID
APB General Engineering
2721 Kevin Rd.

San Pablo, CA 94806
$131,600
After bid analysis revised to:
$131,500
Contact: Justine Gee x3284

Staff Report
Date: June 27, 2023
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Justin Ezell, Assistant City Manager
[email protected]
(925) 671-3155
Subject: Considering approval of a Professional Services Agreement with Townsend Public Affairs for a term of one (1) year in the not to exceed amount of $90,000 for legislative advocacy and grant writing services; and authorizing the City Manager to execute the agreement in a form acceptable to the City
Attorney. (General Fund)
Report in Brief
Townsend Public Affairs has been providing legislative advocacy services to the City of Concord since November 2019 and grant writing services since 2022; staff recommends continuing these efforts during the 2023-24 Fiscal Year.

Recommended Action
Approve a Professional Services Agreement with Townsend Public Affairs for a term of one (1) year in the not to exceed amount of $90,000 for legislative advocacy and grant writing services; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

Background
The thousands of legislative bills introduced each year can often have direct impact on the City of Concord. Legislators introduce anywhere between 1,900 and 2,500 bills each year. Of the 2,020 bills introduced in 2022, the Governor signed 997. Staff cannot follow these legislative actions without support from consulting firms specializing in political action. These firms will monitor proposed legislation and keep the City informed while influencing outcomes that are consistent with the City’s legislative platform.

5.k

City Council Agenda Report
Agenda Item No. 5.k
June 27, 2023
The Townsend team provides comprehensive assistance monitoring State and Federal legislation related to housing and homelessness, transportation, and any number of proposed State bills of interest to the City. They have also helped the City advocate for and move important bills, and/or language, forward through the legislative process, as well as funding requests. They have access to legislators and knowledge of the legislative process beyond that available through City staff.

Analysis
Staff recommends continuing to utilize Townsend Public Affairs because of the robust services they provide. The team provides regular updates on State and Federal legislative and economic activity at a level staff cannot accomplish on their own given limited resources. The team has provided invaluable early information on both State and Federal stimulus funding allowing the City to plan and execute grant applications and execute funding requests.

In addition to the legislative advocacy services, the Townsend team provides grantwriting services for the numerous State and Federal funding opportunities available that can help build or replace important infrastructure. Townsend will aid the City with grant submissions while raising the awareness and attention to Concord’s state and federal funding requests .

Financial Impact
The monthly retainer for this agreement is $7,500, for a total of $90,000 per year. Funds have been included in the adopted FY 2023-24 operating budget.

Public Contact
The City Council Agenda was posted.

Attachments

1. Professional Services Agreement with Townsend Public Affairs, with Exhibit A:

Proposal for Legislative Advocacy and Grant Funding Services

AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on July 1, 2023 between the City of Concord, a California municipal corporation, ("CITY") and Townsend Public Affairs, Inc., 1401 Dove Street, Suite 330, Newport Beach, CA 92660 (“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 July 1, 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 perform the services described in detail in Exhibit A, Scope of Services. 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, shall in no event shall the amount CITY pays CONSULTANT exceed Ninety Thousand dollars ($90,000) 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 forty-five (45) 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 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 Attachment 1

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by the City Council. The CITY’s authorized representative is Justin Ezell, Assistant City Manager of the City Manager’s Office. The CONSULTANT’s authorized representative is Niccolo De Luca, Vice President.

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 2021-22 is $75,000 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 Services shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.

6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONSULTANT, its officers, agents, employees, volunteers and subcontractors are and shall at all times remain as to the CITY wholly independent contractors. Neither the CITY nor any of its officers, officials, agents, employees or volunteers shall have 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 officers, agents, employees, volunteers

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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 nonstandard 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 Services 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.

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

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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.

10. INDEMNIFICATION.

A. For Design Professional Services Only. Pursuant to California Civil Code Section 2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, officials, 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, agents, employees 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,

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actions, losses, damages, injuries, and liability arising out of the sole negligence or willful misconduct on the part of the CITY.

11. INSURANCE. CONSULTANT agrees to have and maintain the policies set forth in Exhibit B entitled “INSURANCE REQUIREMENTS,” which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City Attorney as to form and content and shall be provided no later than thirty (30) calendar days following the execution of this Agreement by both parties. These requirements are subject to amendment or waiver only if so approved in writing by the CITY. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement. The insurance contemplated under this provision shall remain in full force and effect during the term of this Agreement.

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 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 satisfactorily performed as of the effective date of the termination.

15. COMPLIANCE WITH CIVIL RIGHTS. During the performance of this contract,

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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 on the basis of any protected class pursuant to California law. 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 basis of any protected class pursuant to California law.

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, official, agent, employee 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 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

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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.

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 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

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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.

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: Justin Ezell, Assistant City Manager
Error! Reference source not found.

City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3155
Email: [email protected]
To CONSULTANT: Niccolo De Luca, Vice President
Townsend Public Affairs

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1401 Dove Street, Suite 330
Newport Beach, CA 92660
Phone: (949) 399-9050
Email: [email protected]

25. NON-LIABILITY. No member of the CITY and no other officer, official, agent, employee or volunteer 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 Applicant represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of Applicant and that such execution is binding upon Applicant.

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.

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: Niccolo De LucaError! Reference source not found. Name: Valerie J.

Barone
Title: Vice PresidentError! Reference source not found. Title City Manager Address: 1401 Dove Street, Suite 330 Address: 1950 Parkside Drive Newport Beach, CA 92660 Concord, CA 94519
Telephone: (949) 399-9050 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Meyer Brown Joelle Fockler, MMC
City Attorney City Clerk

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FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

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 $90,000.00. Account Code 100-1200-1Z01-63800-500.

Finance Director's Signature

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EXHIBIT “B”
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by CONSULTANT, their agents, representatives, employees or subcontractors.

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

1. Commercial General Liability Policy: CONSULTANT shall maintain during the term of this Agreement a commercial general liability insurance policy providing coverage of at least one million ($1,000,000) combined single limit per occurrence or two million ($2,000,000) aggregate limit for bodily injury, personal injury and property damage. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers. CONSULTANT’s insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.

2. 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.

3. Professional Liability Coverage (Errors and Omissions). CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions 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.

4. Workers Compensation: 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, agents, employees and volunteers for losses arising from work performed under this Agreement. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.

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If CONSULTANT maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by CONSULTANT. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.

The policies are to contain, or be endorsed to contain the following provisions:

1. Additional Insured. CITY, its officers, officials, 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, agents, 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, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.

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, agents, 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.

5. Inclusion in Subcontracts. To the extent any of the services required of CONSULTANT under this Agreement are subcontracted to a third party, CONSULTANT shall include all of the provisions of this Section in all such subcontracts as obligations of the subcontractor.

Exhibit A to Attachment 1
Proposal for
Legislative Advocacy
and Grant Funding Services
June 5, 2023 Page 15 of 34
Proposal for Legislative Advocacy and Grant Funding Services | City of Concord Page 2 June 5, 2023
Valerie Barone, City Manager
City of Concord
1950 Parkside Dr,
Concord, CA 94519
Dear Ms. Barone:

Thank you for the opportunity for Townsend Public Affairs, Inc. (“TPA”) to submit our proposal for Legislative Advocacy and Grant Funding Services to the City of Concord (“City”).

Since its inception in 1998, TPA has earned the reputation as Champions for Better Communities by providing the experience, resources, and relationships expected from a premier legislative advocacy and grant writing firm while also giving clients the unique brand of customer service they deserve: personal attention, maximum accessibility, and passion for their mission.

Our strategic approach to advocacy and funding is tailored to meet the individual needs of each client by leveraging the breadth and depth of our team as well as our vast network of relationships with key stakeholders and decision makers.

Utilizing this method on behalf of our clients, TPA has shepherded over 100 legislative and regulatory proposals into law, and secured over $2.7 billion in grants from state, federal, and local government agencies as well as nonprofit foundations and private companies.

Thank you again for your interest in our firm and your consideration of this proposal. Please contact us if you have any questions or need additional information. We would be honored to serve the City of Concord.

Yours truly,
President

Proposal for Legislative Advocacy and Grant Funding Services | City of Concord Page 3 TPA is a state and federal legislative advocacy and grant writing firm that provides lobbying and funding services to public agencies and nonprofit organizations throughout California. • Founder/Owner/President: Christopher Townsend
• Advocacy Success: Shepherded over 100 client-sponsored legislative proposals into law • Funding Success: Over $2.7 billion in state, federal, and local government grants as well as grants from nonprofit organizations and private companies • Longevity: 25 years (founded in 1998)
• Number of Employees: 20
• Number of Registered State and Federal Lobbyists and Grant Writers: 16 • Number of Offices: Five
o TPA State Capitol Office, Sacramento
o TPA Federal Office, Washington, DC
o TPA Northern California Office, Oakland
o TPA Central California Office, Fresno
o TPA Southern California Office, Newport Beach
• Types of Clients:
o City Governments
o County Governments
o Water and Sanitation Districts
o Transportation Districts
o K-12 School Districts
o Community College Districts
o Parks and Recreation Districts
o Fire Protection Districts
o Museums, Science Centers, and Cultural Facilities
• Areas of Specialization:
o Local Governance (Cities, Counties, Special Districts) o Transportation Policy and Infrastructure
o Water and Sanitation Policy and Infrastructure
o Education Policy and Infrastructure
o Housing and Economic Development
o Parks and Community Facilities (Recreational, Cultural, Historical) o Energy, Environment, and Natural Resources
o Public Safety
o Budget and Finance
• Ranking by Revenue Reported to the California Secretary of State:
o 8th of 491 Firms Registered for 2021-22 Legislative Session o 98th Percentile

ABOUT TPA

ABOUT TPA
Proposal for Legislative Advocacy and Grant Funding Services | City of Concord Page 4

LEGISLATIVE ADVOCACY ACHIEVEMENTS
Policy Sector Issue Description
Local Governance
Local Control and Finance
• Public Facilities and Finance
• Public Employee Programs
• Contractual Assessment Programs
• Infrastructure Financing Opportunities
Public Employee Benefits
• PEPRA Compliance
• JPA Benefits
• Medical Benefits Vesting
Cannabis • Drafting Local and State Cannabis Regulations • Local Control
Transportation
Local Streets and Roads • State Highway Relinquishments • Local Venue Signage on State Highways
State Highway System • State Bond Funding for Highway Projects • Expansion of Toll Lanes/Toll Roads
Water and Sanitation
Water Quality
• Drinking Water Public Health Regulations
• Groundwater Pollution Liability
• Groundwater Management Plans
• Direct/Indirect Potable Reuse
Water Infrastructure
• State Bond Funding for Water Projects
• Local Reliability Projects
• Water Conservation Programs
Sanitation Infrastructure • Integrated Regional Watershed Projects • Advanced Water Treatment Facilities
Housing and
Community Development
Affordable Housing • Developing Funding for Affordable Housing • Expanding Affordable Housing Eligibility
Economic Development
• Capital Investment Incentive Program Expansion
• Enterprise Zone Program Regulations
• Military Base Re-Use Land Planning
Redevelopment
• Agency Dissolution Process
• Developing Post-RDA Funding Sources
• State Liability Reduction
Recreation and Natural
Resources
Park Facilities
• Joint-Use Projects with Schools Districts
• State Bond Funding for Local Park Projects
(Propositions 11, 68, and 84)
Greenhouse Gas Reduction • TOD Housing to Support Cap and Trade Objectives • Increase Transit Accessibility for Active Transportation Cultural and Historical
Resources Cultural Facilities • CA Cultural and Historical Endowment • CA Nature Education Facilities Program
Public Safety
Public Health
• Air Pollution Reduction Methods
• Treatment of the Remains of a Deceased
• Veteran Resources
Crime Reduction • Sex Trafficking Control
• Gun Control
Local Law Enforcement
• Increasing Local Police Presence/COPS
• Police Body Cameras
• Regional Public Safety Task Force Initiatives
Education
Community College Districts
• Veterans Resources
• Alternative Energy Job Training
• ADA Reform
K-12 School Districts • K-12 Safety Planning Programs
• Joint Use Projects with Civic Agencies
School Facilities
• Charter School Facilities Funding
• Community College Facilities Funding
• K-12 School District Facilities Funding

A DETAILED SCHEDULE OF OUR STATE, FEDERAL, AND LOCAL LEGISLATIVE

ADVOCACY ACHIEVEMENTS CAN BE PROVIDED UPON REQUEST

ABOUT TPA
Proposal for Legislative Advocacy and Grant Funding Services | City of Concord Page 5 FY 2021-22 STATE BUDGET EARMARKS
This table provides an overview of the direct budget allocations secured on behalf of our clients from the 2021-22 State Budget. TPA worked closely with our clients to identify priority projects for each funding request. TPA then worked with members of the Assembly and Senate Budget Committee, as well as the Governor’s Administration, to ensure our client’s projects were included in the final budget approved by the Legislature.

FY 2021-22 STATE BUDGET EARMARKS
Client Name Project Amount Awarded
City of Costa Mesa Regional Fire and Rescue Facility Improvements $2,500,000 City of Del Mar Del Mar Fairgrounds Operating Shortfall $3,500,000 City of Emeryville Affordable Housing Site Remediation $2,500,000 City of Farmersville Fire Engine Acquisition $750,000
City of Fremont Mission Blvd Interchange Modernization Project $7,200,000 City of Fullerton
Hunt Library Restoration $2,750,000
Homelessness Recuperative Center $4,000,000
City of Half Moon Bay Carter Park Renovation Project $4,750,000 City of Hayward Hayward Navigation Center $662,000
South Hayward Youth Family Center Project $1,000,000
City of Irvine Bommer Canyon Fire Prevention Efforts $1,000,000 City of Lafayette Safe Pathway for Children Trail $238,000 City of Modesto Infrastructure Improvements to County Islands $5,000,000 City of Oakland
Oakland Fund for Public Innovation for the
California Entrepreneurship Capital in the
Community Initiative
$8,000,000
Local Jurisdiction Assistance for Cannabis Equity
Program
$9,905,020
Oakland MACRO Project $10,000,000
Port of Oakland Freight and Passenger
Infrastructure Enhancements
$280,000,000
City of Pismo Beach Public Safety Communications Equipment $470,000 City of Reedley Olson/Kings River Sewer Main Replacement $2,800,000 City of San Leandro Memorial Park Rehabilitation Project $2,750,000 City of San Pablo Alternative Policing and Mental Health Program $2,000,000 City of Santa Ana Youth Facilities Improvements $4,000,000 City of South San Francisco Vehicle License Fee Adjustment $3,000,000 City of Tracy Multi-Generational Recreation Center $5,000,000 City of Tustin New Emergency Backup Generator $1,500,000 Discovery Science
Foundation
Discovery Cube of Orange County Re-Opening
Operating Expenses
$2,040,000
Discovery Cube of Los Angeles Re-opening
Operating Expenses
$2,600,000
North Orange County Public
Safety Task Force
North Orange County Public Safety and
Homelessness Task Force Program Extension
$7,800,000
TOTAL FY 2021-22 STATE BUDGET EARMARKS $377,715,020

ABOUT TPA
Proposal for Legislative Advocacy and Grant Funding Services | City of Concord Page 6

GRANT FUNDING ACHIEVEMENTS
This table provides an overview of our grant funding achievements on behalf of our clients from state, federal, and local government agencies as well as private and nonprofit grant programs.

These amounts represent grants secured through a competitive and/or legislative process and do NOT include any funds awarded to clients via formulas or related forms of funding entitlements.

A DETAILED 20-PAGE SCHEDULE OF OUR STATE, FEDERAL, AND LOCAL GRANT

FUNDING ACHIEVEMENTS CAN BE PROVIDED UPON REQUEST
Policy Sector State Funding Federal Funding All Sources Water and Sanitation $128.9 Million $12.9 Million $141.8 Million Transportation $619.2 Million $233.3 Million $852.5 Million Education $253.1 Million $49.9 Million $303.0 Million
Parks and Recreation $255.4 Million $30.1 Million $285.5 Million Cultural Resources $139.7 Million $14.2 Million $154.0 Million Housing and
Development $719.2 Million $26.7 Million $745.9 Million Public Safety $138.7 Million $79.0 Million $217.8 Million TOTAL $2.254 Billion $446.4 Million $2.7 Billion

ABOUT TPA
Proposal for Legislative Advocacy and Grant Funding Services | City of Concord Page 7 2021- 2022 FEDERAL APPROPRIATIONS EARMARKS
This table provides an overview of the appropriations earmarks that TPA secured on behalf of our clients in the Federal Appropriations legislation for FY 2022. TPA strategized with our clients to identify priority projects and transform them into appropriations requests. TPA then worked closely and diligently with Members of Congress and the U.S. Senate (and their staff), the appropriations committees, the President’s administration, and other key stakeholders to ensure our client projects were included in the final appropriations legislation.

FY 2022 FEDERAL APPROPRIATIONS EARMAKRS
Client Name Project Amount Awarded
Amity Foundation Mother's Hub Residence $2,838,521
Cities of Anaheim, Brea,
Buena Park, Fullerton,
Stanton, Placentia
North Orange County Public Safety and Homelessness
Task Force $5,000,000
Cities of Dublin, Livermore,
and Pleasanton AXIS Mental Health Urgent Care $450,000
City of Agoura Hills Community Center $1,000,000
City of Beaumont Pennsylvania Avenue Widening $1,500,000 City of Berkeley African American Holistic Resource Center $1,000,000 City of Brea Tracks at Brea Extension $2,000,000
City of Chino Hills Open Space Fuel Reduction $565,000
City of El Monte MacLaren Community Park Project $1,500,000 City of Emeryville Contaminated Remediation for Housing $2,000,000 City of Hesperia Maple Avenue Street Improvements $2,000,000 City of Huntington Beach Sand Mitigation $15,500,000
Mobile Crisis Response Program $500,000
City of Murrieta Homeless Outreach Services Funding $500,000 City of Oakland
Mental Health Resilience Project $1,230,000
Mental Health Resilience Project $734,000
Broadway - Bus and Pedestrian Safety $2,000,000
Violence Prevention Project $200,000
City of Placentia Golden Avenue Bridge $2,200,000
City of San Ramon Iron Horse Trail Crow Canyon Road Iron Horse Trail Bicycle-Pedestrian Overcrossing $2,000,000
City of Santa Clara City of Santa Clara De La Cruz Blvd, Lick Mill Blvd, and Scott Blvd Bicycle Projects $2,725,000
City of Stanton Orangewood Parkette $850,000
Discovery Cube of
Orange County
Land Acquisition and Development for Sustainability
Festival $2,000,000
East Contra Costa Fire
Protection District Fire Station $1,500,000
Guadalupe Union School
District LeRoy Park $1,700,000
North County Transit District Hydrogen Fuel Cell Electric Bus Station $1,717,836 Rancho Santiago Community
College District RSCCD Digital Access Consortium $2,000,000

ABOUT TPA
Proposal for Legislative Advocacy and Grant Funding Services | City of Concord Page 8 Town of Danville
Danville Townwide Traffic Signal Modernization $1,000,000 Iron Horse Trail Bridge, Nature Park, and Pedestrian
Safety Project $350,000
Yorba Linda Water District Heli-Hydrant $500,000
TOTAL FY 2022 FEDERAL APPROPRIATIONS EARMARKS $59,060,357

TOTAL FEDERAL APPROPRIATIONS
EARMARKS FOR FY 2022:
$59,060,357

Proposal for Legislative Advocacy and Grant Funding Services | City of Concord Page 9

STATE GOVERNMENT
• City Legislative Delegation:
o Senator Steve Glazer
o Assembly Member Tim Grayson
• Governor’s Administration and Agency Leadership:
o Governor Gavin Newsom
 Executive Secretary Dana Williamson
 Cabinet Secretary Ana Matosantos
 Policy Advisor Joey Freeman
o Lieutenant Governor Eleni Kounalakis
o State Treasurer Fiona Ma
o State Controller Betty Yee
o Attorney General Rob Bonta
o Superintendent of Public Instruction Tony Thurmond
o Secretary Wade Crowfoot, Natural Resources Agency
o Secretary David Kim, California State Transportation Agency o Secretary Jared Blumenfeld, California Environmental Protection Agency o Secretary Lourdes Castro Ramirez, Business, Consumer Services, and Housing Agency
o Director Armando Quintero, Department of Parks and Recreation o Director Karla Nemeth, Department of Water Resources
o Director Keely Bosler, Department of Finance
o Director Gustavo Velasquez, Department of Housing and Community Development o Director Toks Omishakin, Department of Transportation  State Legislative Leadership:
o Senate President Pro Tempore Toni Atkins
o Senate Republican Leader Scott Wilk
o Assembly Speaker Anthony Rendon
o Assembly Republican Leader Marie Waldron
• Key Legislative Committees:
o Assembly Budget Committee
o Senate Budget Committee
o Assembly Local Government Committee
o Senate Governance and Finance Committee
o Assembly housing and Community Development Committee
o Senate Housing Committee

RELATIONSHIPS

Proposal for Legislative Advocacy and Grant Funding Services | City of Concord Page 10

FEDERAL GOVERNMENT
• City Legislative Delegation:
o Senator Dianne Feinstein
o Senator Alex Padilla
o Congressman Mark DeSaulnier
• President’s Administration and Federal Agencies:
o White House Office of Intergovernmental Affairs
o Department of Agriculture
o Department of Commerce
o Department of Education
o Department of Homeland Security
o Department of Housing and Urban Development
o Department of the Interior
o Department of Justice
o Department of Labor
o Department of Transportation
o Army Corps of Engineers
o Bureau of Reclamation
o Economic Development Administration
o Environmental Protection Agency
o Fish and Wildlife Service
o National Marine Fisheries Service
o National Park Service

A DETAILED LIST OF OUR STATE, FEDERAL, AND LOCAL

RELATIONSHIPS CAN BE PROVIDED UPON REQUEST

RELATIONSHIPS

Proposal for Legislative Advocacy and Grant Funding Services | City of Concord Page 11 TPA uses a strategic and comprehensive approach to legislative advocacy and grant funding that will be tailored to meet the specific needs of the City. With a team of 16 registered state and federal lobbyists and grant writers, TPA has the breadth and depth of experience AND the ability to deploy as many lobbyists and grant writers as needed to maximize success for the City. The proposed team for this engagement:

Christopher Townsend, President
• 40 years of legislative and public policy experience and 23 years as the Founder and President of TPA
• Provides strategic guidance and legislative advocacy and grant funding support for every client, including entities
• Widespread bi-partisan relationships with Members and staff of the California Legislature, and with the Newsom Administration, including key officials in various agencies and departments
• Maintains close bi-partisan relationships with several members of the California Congressional delegation, including Senators Feinstein and Padilla, and Representatives Lowenthal, Porter, Levin, Correa, Lee, Swalwell, Napolitano, Garamendi, Carbajal, Desaulnier, Sanchez, Lieu, Harder, McNerney, Calvert, Garcia, Steel, and Kim • Promotes funding for public infrastructure projects, including facilities for water and sanitation, transportation, education, public safety, housing and economic development, recreation, culture, and other community purposes
Casey Elliott, Vice President
• 20 years of legislative and public policy experience:
o Senior Legislative Assistant, Office of the Governor
o Legislative Assistant, Assembly Member Tom Umberg
o Legislative Coordinator and Analyst, Secretary of State • Extensive experience representing public agencies, having served as the primary lobbyist for numerous entities during his tenure at TPA • Widespread bi-partisan relationships with Members and staff of the California Legislature, and with the Governor's Office, including key officials in various agencies and departments
• Expertise in the policy sectors of municipal finance, budget, redevelopment, education, local governance, water resources, parks and recreation, and cultural resources

CLIENT SERVICE TEAM

CLIENT SERVICE TEAM
Proposal for Legislative Advocacy and Grant Funding Services | City of Concord Page 12 Niccolo De Luca, Vice President
• 25 years of legislative and public policy experience, including serving under three consecutive Mayors in the City of Oakland
• Secured significant grant funding and legislative directed funding for clients throughout California
• Widespread bi-partisan relationships with Members and staff of the State Legislature, and with the Governor's Office, including key officials in various agencies and departments
• Expertise in the policy sectors of public safety, cannabis, parks and recreation, natural resources, local government, cultural resources, and consumer affairs
Cori Takkinen, Vice President
• 12 years of legislative and public policy experience
• Secured significant grant funding and legislative directed funding for clients throughout California
• Widespread bi-partisan relationships with Members and staff of the California Legislature, and with the Governor's Office, including key officials in various agencies and departments
• Expertise in the policy sectors of water resources, infrastructure, sanitation, local governance, transportation, parks and recreation, and economic development
Eric Thronson, Deputy Director
• 12 years of legislative and public policy experience with public agencies throughout California:
o Chief Consultant, Assembly Transportation Committee
o California Transportation Commission Deputy Director of Legislation and Finance
• Secured significant grant funding and legislative directed funding for clients throughout California
• Widespread bi-partisan relationships with Members and staff of the State Legislature, and with the Governor's Office, including key officials in various agencies and departments
• Expertise in the policy sectors of transportation planning and infrastructure (including State Transportation Agency, California Transportation Commission, and Caltrans), public safety, parks and recreation, local governance, and water resources

CLIENT SERVICE TEAM
Proposal for Legislative Advocacy and Grant Funding Services | City of Concord Page 13 Alex Gibbs, Grants Manager
• 10 years of legislative and public policy experience
• Four years of experience working for the California Legislature analyzing, researching, writing, and shepherding bills through the legislative process
• Secured significant grant funding for clients throughout California • Widespread bi-partisan relationships with Members and staff of the California Legislature, and with the Governor's Office, including key officials in various agencies and departments
• Expertise in the policy sectors of parks and recreation, local governance, public safety, transportation, cap and trade, and labor relations
Eric O’Donnell, Senior Associate
• Six years of legislative and public policy experience • Secured significant grant funding and legislative directed funding for clients throughout California
• Widespread bi-partisan relationships with Members and staff of the California Legislature, and with the Governor's Office, including key officials in various agencies and departments
• Expertise in the policy sectors of water resources, natural resources, local governance, parks and recreation, and transportation • D1 and T1 State Water Resources Control Board Water Distribution Operator Certificate
Ben Goldeen, Senior Associate
• 11 years of federal government affairs and public policy experience, including:
o Legislative Director, Congressman Jim Costa
o Legislative Assistant, Congressman Dennis Cardoza
• Experience managing legislative activity, including bill analysis and research, particularly for federal funding opportunities • Experience with research, proposal development, and funding advocacy for various federal grant programs on behalf of local public agencies throughout California
• Close relationships with key staff for numerous Members of Congress, as well as many federal agencies
• Expertise in several federal policy sectors including water resources, healthcare, transportation, parks and recreation, and foreign affairs

CLIENT SERVICE TEAM
Proposal for Legislative Advocacy and Grant Funding Services | City of Concord Page 14 Sean McReynolds, Associate
• Nine years of experience in state and federal government affairs, including:
o Senior Policy Analyst, Orange County Health Authority o Legislative Assistant and Committee Liaison,
Congressman Ed Royce
• Secured significant grant funding and legislative directed funding for clients throughout California
• Widespread bi-partisan relationships with Members and staff of the California Legislature, and with the Governor's Office, including key officials in various agencies and departments
• Expertise in several policy sectors including local governance, healthcare, transportation, natural resources, and economic development.

Andres Ramirez, Senior Associate
• Experience working with local public agency clients throughout California
• Secured significant legislative directed funding for clients throughout California
• Widespread bi-partisan relationships with Members and staff of the California Legislature, and with the Governor's Office, including key officials in various agencies and departments
• Expertise in several policy sectors including local governance, parks and recreation, transportation, housing, and economic development.

CLIENT SERVICE TEAM
Proposal for Legislative Advocacy and Grant Funding Services | City of Concord Page 15 Sammi Maciel, Associate
• Four years of legislative and public policy experience:
o Field Representative, Senator Kamala Harris
o Legislative Intern, Senator Dianne Feinstein
• Widespread bi-partisan relationships with Members of Congress and their staff, and with the President's Administration, including key officials and staff in various agencies and departments • Expertise in the policy sectors of local governance, water resources, housing, transportation, parks and recreation, and cultural resources.

Anastasia Heaton, Associate
• Experience working with local public agency clients throughout California
• Secured significant grant funding for clients throughout California • Widespread bi-partisan relationships with Members and staff of the California Legislature, and with the Governor's Office, including key officials in various agencies and departments
• Expertise in several policy sectors including cultural resources, parks and recreation, water resources, transportation, and local governance
Carly Shelby, Legislative Associate
• Three years of legislative and public policy experience:
o Legislative and Policy Development Assistant,
League of California Cities
o Press Assistant, Office of Speaker Anthony Rendon
• Widespread bi-partisan relationships with Members and staff of the California Legislature, and with the Governor's Office, including key officials in various agencies and departments • Expertise in the policy sectors of local governance, water resources, housing, municipal finance, parks and recreation, and cultural resources

Proposal for Legislative Advocacy and Grant Funding Services | City of Concord Page 16 TPA will utilize the following strategic and comprehensive approach to provide legislative advocacy services to the City:
• Conduct Detailed Orientation: TPA utilizes a comprehensive onboarding process that includes extensive meetings with various relevant members of City leadership and key City departments to help develop a strategic plan that is carefully tailored to satisfy the needs of the City, as well as designed for maximum success in the current political climate and funding environment.
• Develop Legislative Strategy: Utilizing the information gathered during the onboarding process, TPA will coordinate with the City to develop an official legislative platform and strategy that represents the City’s priorities in Sacramento and Washington, DC. This blueprint will be shared with key stakeholders in the State Legislature and Governor’s Administration as well as Congress and the Biden Administration.
• Implement the Legislative Strategy: TPA will advocate for the City’s legislative agenda utilizing the following methods:
o Build and Strengthen Relevant Relationships: TPA has cultivated a network of valuable relationships that will be leveraged to promote the City’s legislative agenda. o Leverage Relationships for Strategic Advocacy Plan: TPA will engage various techniques to leverage our network of key relationships on behalf of the City:
 Schedule meetings for the City to discuss relevant legislation  Prepare all briefing materials and talking points for the City  Brief legislative offices and stakeholders on the City’s legislative agenda  Follow-up on meetings to ensure commitments and deliverables are being met o Coordinate Advocacy Trips: TPA will work with the City to coordinate advocacy trips to Sacramento and Washington, DC to meet with the City’s legislative delegation, as well as legislators that serve on committees relevant to the City’s agenda.

Furthermore, whenever possible, TPA will also schedule site visits by legislators to the City.
o Track Legislation: TPA will identify, analyze, and monitor all bill introductions and amendments relevant to the City’s legislative platform and assess their potential impact on the City.
o Craft Testimony and Position Letters: TPA will prepare and submit written and verbal testimony regarding legislation relevant to the City. TPA will also draft and deliver position letters to legislators and key officials on specific bill language.

LEGISLATIVE ADVOCACY SCOPE OF SERVICES

Proposal for Legislative Advocacy and Grant Funding Services | City of Concord Page 17 o Draft Bill Language: TPA will draft language and amendments for relevant legislation, as required to protect and promote the City’s agenda.
o State Budget Funding Opportunities: In an effort to maximize state funding, TPA will work with the City to identify projects and other funding priorities that may be suitable for funding through the State Budget. TPA will coordinate with the City to develop supporting materials for the budget request. TPA will also work with members of the City’s state legislative delegation, along with the Assembly and Senate Budget Committees, to gain support for the inclusion of the City’s project in the final State Budget approved by the Legislature.
o Federal Earmark Opportunities: In an effort to maximize federal funding, TPA will work with the City to identify projects and other funding priorities that may be suitable for funding through the Federal Earmark process. TPA will coordinate with the City to develop supporting materials for the earmark request. TPA will also work with members of the City’s federal legislative delegation to gain support for the inclusion of the City’s project.
• Provide Progress Reports: TPA will confer regularly with the City on our activities. TPA will provide timely electronic reports on the status of all legislative activity, such as bill language, amendments, and committee analyses. In addition to written reports, TPA will be available to the City for conference calls, in-person briefings, and meetings. • Prepare and File Lobbying Disclosure Reports: TPA will prepare and file, on behalf of the City, all applicable state and federal lobbying disclosure reports.

SCOPE OF SERVICES

Proposal for Legislative Advocacy and Grant Funding Services | City of Concord Page 18 TPA will utilize the following strategic and comprehensive approach to provide grant funding services to the City:
• Conduct Detailed Orientation: TPA utilizes a comprehensive onboarding process that includes extensive meetings with various relevant members of City leadership and key City departments to help develop a strategic plan that is carefully tailored to satisfy the needs of the City, as well as designed for maximum success in the current political climate and funding environment.
• Craft Strategic Funding Plan: Utilizing the information gathered during the onboarding process, TPA will coordinate with the City to develop a proactive and comprehensive strategic funding plan that serves the needs of the City’s priorities. The plan will do more than simply identify City projects; it will outline and prioritize multiple funding options for each project, and develop a specific plan of work tailored for each project. It will also identify key “strings attached” to help assess the cost/benefit ratio for each grant opportunity. • Identify, Research, and Monitor Grant Funding Opportunities: TPA will utilize list-serve subscription programs, funding workshops, agency canvassing, and other networking tactics to ensure every potential opportunity is identified and reviewed for relevance with the City’s projects. TPA will then share these opportunities with the City for further assessment and determination if a grant application is warranted. The City will also receive a grant matrix of funding programs that is updated regularly as new opportunities arise. • Grant Application Development and Submittal: TPA will develop, draft, submit, and follow up on each City grant application through the following process:
o Establishment of Clear Accountabilities: TPA will coordinate with the City to ensure the assignment of responsibilities and tasks are made clear so that confusion and inefficiency are avoided and the City is burdened as little as possible while TPA pursues a grant opportunity.
o Provide Overview of Full Application Requirements: For each grant application, TPA will provide the City with a detailed overview of the requirements for the grant program and corresponding application to ensure that the program is a strong fit for the City’s project. This will include:
 Application timeline
 Eligible project types
 Funding availability and award maximum and minimums
 List of application components, including proposal questions and any required attachments

GRANT FUNDING SCOPE OF SERVICES

SCOPE OF SERVICES
Proposal for Legislative Advocacy and Grant Funding Services | City of Concord Page 19 o Assemble Project Background and Details: TPA will conduct a detailed informational interview with City staff most involved with each project in order to gain a full understanding of the project background and scope details necessary for developing the grant proposal and addressing all application questions. o Coordinate Technical Project Details: For technical application components such as site plans, detailed cost estimates, project timelines, engineering plans, and costbenefit analyses, TPA will coordinate with City staff to compile all necessary attachments and ensure consistency across all elements of the application. o Draft Written Proposal: TPA will fully draft all narrative components of the application and, when applicable, will indicate where additional input or project detail from the City could be provided during the proposal review process.
o Incorporate Feedback to Finalize Proposal: Well ahead the of the application deadline, TPA will provide the City with a full draft for review and feedback. TPA will incorporate any additional details or revisions provided during this process to finalize the grant application and will obtain City approval for the final version of the application prior to submission.
o Submit Completed Application: TPA will ensure that applications are submitted prior to the deadline, whether the submission is electronic or through hard copies, in accordance with submission instructions for each individual program. For hard copy submissions, TPA will print and package applications according to submission instructions and will ship applications through a reliable carrier service such as FedEx in order to provide the City with tracking and delivery confirmation for the application.

TPA will also obtain a receipt for proof of submission and provide the City with a final copy of all submitted application documents.
o Funding Advocacy: Throughout grant application process TPA will leverage relationships with relevant officials and program officers in various state and federal funding agencies to ensure that City grant applications are aligned with the goals of the specific grant program and that the applications are well-crafted and wellpositioned for funding. • Post-Grant Submittal Advocacy: TPA will frequently contact legislators and agency officials to follow up on the status of a grant application and promote its need and urgency. This will include drafting letters of support after grant submissions and distributing them to legislators for their consideration. In addition, TPA will work with legislators to reach out to individual granting agencies to provide background on City’s projects and convey their support for those projects.

Proposal for Legislative Advocacy and Grant Funding Services | City of Concord Page 20

SCOPE OF SERVICES
• Post-Award Grant Administration and Compliance: TPA will also assist, as needed, with post-award administration and compliance for all grant applications submitted by TPA on behalf of the City. This assistance will include interacting with granting agencies on behalf of the City, providing support for the drafting and submission of required reports, evaluations, and other tasks related to the successful monitoring of and compliance with the program requirements.
• Comprehensive Follow-Up on Unsuccessful Applications: Despite all best efforts, some grant applications are not selected for funding. In those instances where grant applications are unsuccessful, TPA will work with the relevant state and federal funding agencies to set up in-person or telephone debriefing sessions to discuss the grant applications and how to best revise the grant applications for the next funding round to ensure success.

Staff Report
Date: June 27, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Will Tarbox, Director of Public Works
Prepared by: Abhishek Parikh, Deputy Director of Public Works – Transportation [email protected]
(925) 671-3139
Subject: Considering approval of a funding agreement in the amount of $499,173 committing local match funds for the Countywide Smart Signals Project in Concord, as sponsored by the Contra Costa Transportation Authority (CCTA); and authorizing the City Manager to execute the agreement with CCTA in a form acceptable to the City Attorney.

CEQA: Not a project/exempt pursuant to CEQA) Guidelines Sections 15273, 15378, 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, and/or 15304 – Minor
Alterations to Land.

Report in Brief
The Countywide Smart Signals Project in Concord is a Contra Costa Transportation Authority (CCTA) led project as a part of their Contra Costa Countywide Smart Signals Project to upgrade traffic signal system and communication systems on major arterial corridors throughout its 19 cities and unincorporated communities. This project will upgrade 50 signals in Concord along four major arterials including Clayton Road, Treat Boulevard, Ygnacio Valley Road, and Monument Boulevard (see Attachment 1 – Smart Signals Project in Concord). The preliminary estimated cost of this project in Concord is $4,352,829. The estimated required local match of 11.47% from the City is $499,173.

The local match funds were appropriated in CIP Project 2699 as part of the CIP midcycle adjustment for FY23-24 adopted by Council on June 6, 2023.

The upgraded traffic signals combined with their advanced detection system will benefit pedestrians and transit commuters by improving their safety, reducing wait times at

5.l

City Council Agenda Report
Agenda Item No. 5.l
June 27, 2023
intersections, improving total travel time for all modes while making transit and pedestrian options more viable transportation alternatives. In order to implement the project, CCTA requires that the City enter into an agreement with CCTA committing the required local match.

Recommended Action
Approve the funding agreement committing local match of $499,173 for the Countywide Smart Signals Project in Concord sponsored by the Contra Costa Transportation Authority (CCTA) within Concord; and authorize the City Manager to execute the agreement with CCTA in a form acceptable to the City Attorney.

Background
CCTA secured regional funding in amount of $26.55 million in January 2023 for the Contra Costa Countywide Smart Signals Project to develop, manage, and implement Intelligent Transportation System (ITS) initiatives such as upgrading the existing legacy systems, providing interconnectivity throughout Contra Costa County signal systems, and enhancing the sharing of real-time information between agencies and the public.

The signals identified for this project are located along major arterials, including the ones identified as Routes of Regional Significance in the local jurisdictions across the county. This project will improve 50 signals in Concord along four major arterials (see Attachment 1-Smart Signals Project in Concord) for a project cost of $4,352,829. To implement this project, CCTA requires the City to commit a local match of 11.47%, which is approximately $499,173.

Analysis
The City has a total of 150 signals located across the City. Most of these existing signal systems lack needed infrastructure, such as fiber and cellular/wireless-based communication, making it difficult to implement traffic signal synchronization and coordination between traffic signals along arterials. Most corridors do not currently include signal control and prioritization technologies to promote transit usage to reduce delay and travel times for transit vehicles, and reduce response time for emergency vehicles.

Staff has been strategically working to upgrade the legacy signal systems along the City’s major corridors to improve safety and circulation, and to get them ready for next generation communication and connectivity. Implementation of this Smart Signals Project by CCTA is in line with the signal upgrade approach that staff has been engaged in, and is expected to result in operational and safety improvements for all modes of transportation along these project corridors.

City Council Agenda Report
Agenda Item No. 5.l
June 27, 2023
The Countywide Smart Signals Project in Concord will upgrade 50 signals located along four key arterial corridors in Concord:
 Clayton Road - 23
 Monument Boulevard - 10
 Ygnacio Valley Road -7
 Treat Boulevard - 10
More details about this project are in Attachment 1 Countywide Smart Signals Project in Concord. The project schedule is still to be determined in coordination with numerous local Concord projects and several grant funded HSIP projects that provide similar funding for signal infrastructure upgrade.

Financial Impact
Council’s actions on this item will secure $4,352,829 of CCTA funding for the Smart Signals Project in Concord led by CCTA. Local match funds that will be required to complete this project is approximately $499,173. These funds were appropriated in CIP Project 2699 as part of the CIP mid-cycle adjustment for FY23-24 adopted by Council on June 6, 2023. The local match is an estimate, and the recommended funding agreement between the City and CCTA specifies that the required match will increase or decrease based on actual costs.

Environmental Determination
Council action on this item is not a project pursuant ot CEQA Guidelines Sections 15273 and/or 15378; in the alternative, Council action on this item is categorically exempt from California Environmental Quality Act review under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, and 15304 – Minor Alterations to Land, as the subject improvements are Class I, IV or II projects, consisting of repair and maintenance of an existing street and sidewalks, and involving minor alterations to land. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. 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. Smart Signals Locations in Concord with Map

2. CCTA Funding Agreement

COUNTYWIDE SMART SIGNALS PROJECT IN CONCORD

BACKGROUND
The Smart Signals project in Contra Costa County is a CCTA led countywide project to upgrade traffic signal system and communication systems throughout its 19 cities and unincorporated communities.

Contra Costa County is home to 19 cities/towns and the County, which includes numerous unincorporated communities. There are approximately 1400 traffic signals within the County, Caltrans-owned and various city-owned. Most of these traffic signals are located either along major arterials, including State Routes, identified as Routes of Regional Significance (RSS) or other major and minor arterials in the cities/towns.

The project will develop, manage, and implement Intelligent Transportation System (ITS) initiatives such as upgrading the existing legacy systems, providing interconnectivity throughout Contra Costa County signal systems and enhance the sharing of real-time information between agencies and the public.

The existing traffic signal systems in most jurisdictions located within Contra Costa County are legacy systems and are outdated or antiquated compared to newer traffic signal systems. These signal systems currently lack the communication infrastructure such as fiber and cellular/wireless-based communication, which makes it difficult to implement traffic signal synchronization and coordination between traffic signals along an arterial. Most corridors do not currently include Signal Control and Prioritization (SCP) technologies to promote transit usage to reduce delay and travel times for transit vehicles and reduce response time for emergency vehicles.

These deficiencies result in severe traffic congestion within the cities/towns and may result in spillover onto freeways and cause a chain reaction of congestion along local arterials. The current system contributes to overall commuter travel times and delays, increases greenhouse gas emissions and fuel consumption, as well as incidents and collisions. These deficiencies were documented following extensive discussions with the cities and towns regarding traffic signal operation within the Contra Costa County.

CCTA and the project Stakeholders have initially identified these deficiencies, which are translated as the following project goals: 1) Improve safety and minimize crashes, injuries, and fatalities between motorists, bicyclists, and pedestrians; 2) Optimize mobility along major corridors and RRS; and 3) Advance to Smart City and Internet of Things (IOT) solutions.

PROJECT ELEMENTS
The Smart Signals project will develop, manage, and implement ITS initiatives that improve the safety and efficiency of multimodal mobility, maximize highway and arterial system throughput, and improve operational efficiency, safety, and reduce environmental impact throughout the county. By upgrading the existing legacy systems and providing interconnectivity throughout Contra Costa County signal systems, the county’s traffic signal systems can be prepared for future emerging technologies including connected and/or autonomous vehicles, big data, integrated corridor management (ICM), enable implementation of incident management strategies and Smart Cities Attachment 1

initiatives. This solution can enhance the sharing of real-time information between agencies and the public using existing and next generation ITS technologies.

The upgraded traffic signal systems and signal interconnect will help smooth traffic flow and ease recurring traffic congestion by expanding mode choice options and reducing travel time on local streets and roads. Upgraded traffic signals will benefit pedestrians and transit commuters by reducing wait times at intersections, improving total travel time for all modes while making transit and pedestrian more viable transportation options. The Smart Signal systems would also improve the safety of pedestrians, bicyclists, vulnerable road users, and people with disabilities by deployment of detection systems.

To accomplish these goals, CCTA is applying a Smart Signal approach that will include the implementation of ITS equipment including upgraded traffic signal controllers and cabinets, upgraded Advanced Traffic Management System (ATMS) for each agency to provide remote command and control from a centralized Traffic Management Center (TMC) or Traffic Operations Center (TOC) location, Closed-circuit Television (CCTV) cameras, SCP for transit and emergency vehicles, and vehicle detection systems deployed on predefined designated arterials and state routes.

These improvements will provide local cities and Caltrans day-to-day county-wide traffic management capabilities in addressing recurrent traffic congestion as well as provide CCTA capabilities for managing the system during non-recurring traffic congestion caused by diverted traffic due to major incidents on the freeway or during any evacuation efforts.

The Project’s key features and benefits include but are not limited to some of the following:
 Providing infrastructure for a countywide traffic management system  Upgrading local signal controllers and signal system hardware, software, and firmware  Deploying bicycle and pedestrian detection software for vulnerable road user protection  Providing SCP, including Transit Signal Priority (TSP) and Emergency Vehicle Preemption (EVP) capabilities
 Enabling local event management signal timing options  Taking a proactive approach to safety by identifying “near miss” situations for analysis  Enabling cities and CCTA to proactively manage day-to-day traffic  Enabling cities to proactively manage traffic on local streets that has diverted off the freeway due to a major freeway incident
 Identifying alternative routes with timing optimized for incident management  Allowing shared control and operation, improving cross jurisdictional traffic management  Allowing cities/CCTA access to monitor all CCTV cameras and traffic signals for the purpose of optimizing day-to-day operations
Deployment of the Smart Signals Project is expected to result in operational and safety improvements for all modes of transportation, such as:
 Decrease in travel time,
 Decrease in total delay,

 Reduction in number of stops
 Reduction in secondary accidents
 Decrease in fuel consumption and greenhouse gas emissions  Promotion of transit ridership
 Reduction of response time for emergency vehicles
When operating together, these enhancements increase safety and reliability, and support environmental sustainability, economic development, and equitable access for all travelers.

CITY OF CONCORD ELEMENTS
The signals located at the following intersection are included in the Project and are proposed to receive Smart Signal upgrades. (See Table 1 and Figure 1 below) Table 1: City of Concord Project Intersections
Signal No. Primary Street Secondary Street
1 Clayton Rd Bailey Road
2 Clayton Rd Claycord Ave
3 Clayton Rd Ayers Rd
4 Clayton Rd Terry Lynn Ln
5 Treat Blvd Winton Dr
6 Treat Blvd Oak Grove Plaza
7 Treat Blvd Oak Grove Rd
8 Treat Blvd San Simeon Dr
9 Treat Blvd San Miguel Rd
10 Treat Blvd Navarone Way
11 Treat Blvd Cowell Rd
12 Treat Blvd Turtle Creek Rd
13 Treat Blvd Bel Air Dr
14 Treat Blvd Clayton Rd
15 Ygnacio Valley Rd Crystal Ranch Rd
16 Ygnacio Valley Rd Ayers Rd
17 Ygnacio Valley Rd Alberta Wy
18 Ygnacio Valley Rd Michigan Blvd
19 Ygnacio Valley Rd Park Highland Blvd
20 Ygnacio Valley Rd Clayton Rd
21 Ygnacio Valley Rd Montecito Dr
22 Monument Blvd Mohr Ln
23 Monument Blvd Carey Dr / Nursery Ln
24 Monument Blvd Victory Ln/The Trees Dr
25 Monument Blvd Reganti Dr

26 Monument Blvd Mi Casa Ct / Virginia Ln
27 Monument Blvd Oak Grove Rd
28 Monument Blvd Erickson Rd
29 Monument Blvd Detroit Ave
30 Monument Blvd Walters Way
31 Monument Blvd Cowell Rd
32 Clayton Rd Galindo St
33 Clayton Rd Grant St
34 Clayton Rd Colfax St
35 Clayton Rd Park St
36 Clayton Rd Port Chicago Hwy
37 Clayton Rd Oakland Ave
38 Clayton Rd The Alameda (1)
39 Clayton Rd 6th St
40 Clayton Rd The Alameda (2)
41 Clayton Rd Contra Costa Canal Trail
42 Clayton Rd Chestnut Dr
43 Clayton Rd Lucky Dr
44 Clayton Rd Babel Ln
45 Clayton Rd Farm Bureau Rd (1)
46 Clayton Rd Farm Bureau Rd (2)
47 Clayton Rd West St
48 Clayton Rd Mendocino Dr/Rosal Ln
49 Clayton Rd Cape Cod Way
50 Clayton Rd Denkinger Ct

Figure 1 - Smart Signals Concord Locations
The recommended upgrades for signals located in Concord include:
 Signal controller firmware updates
 Video/Radar detection
 Wireless communication between the signals
 Pan-Tilt-Zoom (PTZ) cameras
 An Advanced Traffic Management System (ATMS)
 Traffic signal synchronization
 Emergency Vehicle Preemption (EVP)
 Transit Signal Priority (TSP), and
 Video Analytics.

Based on preliminary estimates, the upgraded equipment, including cost of construction, is shown below. The City is responsible to provide the minimum 11.47% match.  Total Number of Signals – 50
 Total funding – $4,352,829
 Local match required – $499,173 (11.47%)

FUNDING AGREEMENT xxxx
Countywide Smart Signals Design and Construction Phases

29222494.1/060323.0001
FUNDING AGREEMENT NO. XXXX

BETWEEN

THE CONTRA COSTA TRANSPORTATION AUTHORITY
AND

THE CITY OF CONCORD

FOR COST SHARING COMMITMENTS TO DESIGN AND CONSTRUCT THE

COUNTYWIDE SMART SIGNALS PROJECT
This Agreement is made and entered into on ______________, 2023 by the City of Concord hereinafter referred to as ("CITY") and the CONTRA COSTA TRANSPORTATION AUTHORITY hereinafter referred to as ("AUTHORITY"). CITY and AUTHORITY are collectively referred to herein as the “Parties” and each individually as a “Party.”

RECITALS

1. AUTHORITY is the project sponsor and designated lead agency for implementing the Countywide Smart Signals Project within Contra Costa County, hereinafter referred to as “PROJECT”, which is a program to install signal system and intelligent transportation system (ITS) equipment upgrades to key identified intersections within Contra Costa County cities with the objective to coordinate and synchronize the timing of the signals.

2. AUTHORITY is the recipient of the Metropolitan Transportation Commission’s (MTC’s) One Bay Area Cycle 3 (OBAG 3) funds for design, construction, and deployment of the PROJECT.

3. CITY and AUTHORITY have identified 50 intersections to recommend for signal system and intelligent transportation system (ITS) equipment upgrades for inclusion in the PROJECT estimated at $4,352,829 (See Exhibit A)

4. CITY agrees to provide AUTHORITY with the minimum 11.47% local matching funds to the OBAG 3 funds in the amount of $499,173 in Fiscal Year 2023-24 to pay for the design and installation of upgraded equipment located within CITY’s right-of-way and cost of construction as part of the PROJECT.

5. CITY and AUTHORITY agree that the final matching funds requirements may be adjusted accordingly based on the final actual design and construction costs incurred and will be reconciled at the completion of the PROJECT as defined in paragraph 6 below.

NOW, THEREFORE, in consideration of the foregoing, the AUTHORITY and CITY do hereby agree as follows:

Attachment 2

FUNDING AGREEMENT xxxx
Countywide Smart Signals Design and Construction Phases

29222494.1/060323.0001

SECTION I
CITY AGREES:

1. To provide AUTHORITY matching funds for upgrading equipment and construction cost for the City’s portion of the PROJECT in an amount of $499,173, which represents 11.47% of the OBAG3 funds of $4,352,829, no later than 30 days from receiving an invoice from AUTHORITY.

2. To work collaboratively with AUTHORITY to implement the PROJECT.

SECTION II
AUTHORITY AGREES:

1. To lead the development process including planning, design, construction, and deployment of the PROJECT, as described in Exhibit A and the Operations and Maintenance Agreement to be negotiated by the CITY and AUTHORITY following execution of this Agreement.

2. To submit an invoice to CITY for an amount of $499,173 prior to December 31, 2023.

3. To work collaboratively with CITY to implement the PROJECT.

SECTION III
IT IS MUTUALLY AGREED:

1. (a) That the cost to complete PROJECT is only an estimate and may require adjustments depending on the final cost. At the completion of the PROJECT, and if AUTHORITY determines that the match amount provided by CITY is exceeded, it will notify and seek approval of CITY to provide additional matching funds. Completion of the Project is defined as when AUTHORITY accepts and certifies that all phases of the PROJECT construction–including but not limited to installation, deployment, and activation of equipment–are completed. (b) If AUTHORITY determines that the match amount provided by CITY exceeded the amount needed to complete the PROJECT then AUTHORITY will refund CITY the balance of the original match amount provided by CITY and indicated in paragraph 1 of Section I.

2. Term: This Agreement will remain in effect through December 31, 2028, or at the completion of the PROJECT, whichever occurs first, or until discharged as provided in Paragraph 3 below or as a result of paragraph 12 below.

3. Discharge: This Agreement shall be subject to discharge as follows:
a. Either Party may terminate this Agreement at any time until construction of the

FUNDING AGREEMENT xxxx
Countywide Smart Signals Design and Construction Phases

29222494.1/060323.0001
PROJECT begins, other than for breach. Either Party may terminate by giving written notice of termination to the other Party which shall specify both the cause and the effective date of termination.

Notice of termination under this provision shall be given at least ninety (90) days before the effective date of such termination. Once construction of the PROJECT begins, neither party may terminate this Agreement unless there is a breach as addressed in paragraph 3(b) below. b. This Agreement may be canceled by a Party for breach of any obligation, covenant, or condition hereof by the other Party, upon notice to the breaching Party. With respect to any breach which is reasonably capable of being cured, the breaching Party shall have 30 days from the date of the notice to initiate steps to cure. If the breaching party diligently pursues cure, such party shall be allowed a reasonable time to cure, not to exceed sixty (60) days from the date of the initial notice, unless a further extension is granted by the non-breaching Party. On cancellation, the non-breaching party retains the same rights as a Party exercising its right to terminate under the provisions of paragraph 3(a), except that the canceling Party also retains any remedy for breach of the whole contract or any unperformed balance.
c. By mutual consent of both PARTIES, this Agreement may be terminated at any time. d. In the event of termination, AUTHORITY shall reimburse CITY, if AUTHORITY deems necessary, for overpayment by CITY based on the difference between actual cost share and estimated cost share, which such difference shall be determined in AUTHORITY’s sole discretion.

In no event shall the maximum expenditure allowed under this Agreement, as it may be adjusted by a written amendment signed by both parties, be exceeded.

4. Indemnity: It is mutually understood and agreed, relative to the reciprocal indemnification of AUTHORITY and CITY:
a. That neither AUTHORITY, nor any officer or employee thereof, shall be responsible for, and CITY shall fully indemnify and hold harmless AUTHORITY against, any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction by CITY under the Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold the AUTHORITY harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by CITY under this Agreement or in connection with any work, authority, or jurisdiction delegated to CITY under this Agreement.
b. That neither CITY, nor any officer or employee thereof, shall be responsible for, and AUTHORITY shall fully indemnify and hold harmless CITY against, any damage or liability occurring by reason of anything done or omitted to be done by AUTHORITY under or in connection with any work, authority, or jurisdiction by AUTHORITY under the Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, AUTHORITY shall fully indemnify and hold the CITY harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by AUTHORITY under this Agreement or in connection with any work, authority, or jurisdiction delegated to AUTHORITY under this Agreement.

FUNDING AGREEMENT xxxx
Countywide Smart Signals Design and Construction Phases

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5. Notices: Any notice which may be required under this Agreement shall be in writing, shall be effective when received, and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below, or to such addresses which may be specified in writing to the parties hereto.

City of Concord
Valerie Barone
City Manager
1950 Parkside Drive, MS/01, Concord, CA 94519
Timothy Haile
Executive Director
Contra Costa Transportation Authority
2999 Oak Road, Suite 100
Walnut Creek, CA 94597

6. Additional Acts and Documents: Each Party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of this Agreement.

7. Integration: This Agreement represents the entire Agreement of the Parties with respect to the subject matter hereof. No representations, warranties, inducements or oral agreements have been made by any of the Parties except as expressly set forth herein, or in other contemporaneous written agreements.

8. Amendment: This Agreement may not be changed, modified or rescinded except in writing, signed by all Parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect.

9. Independent Agency: AUTHORITY renders its services under this Agreement as an independent agency. None of the AUTHORITY’s agents or employees shall be agents or employees of the CITY.

10. Assignment: This Agreement may not be assigned, transferred, hypothecated, or pledged by any Party without the express written consent of the other Party.

11. Binding on Successors, etc.: This Agreement shall be binding upon the successor(s), assignee(s) or transferee(s) of the AUTHORITY or CITY as the case may be. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other than as provided above.

12. Severability: Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either Party to enter into or carry out, such determination shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect; provided that, the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the Parties.

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13. Limitation: All obligations of AUTHORITY under the terms of this Agreement are expressly subject to the AUTHORITY's continued authorization to collect and expend the sales tax proceeds provided by MEASURE C and MEASURE J. If for any reason the AUTHORITY's right to collect or expend such sales tax proceeds is terminated or suspended in whole or part, the AUTHORITY shall promptly notify CITY, and the PARTIES shall consult on a course of action to determine how to accomplish the PROJECT or if this Agreement should be terminated. If, after sixty (60) working days of the termination or suspension of sales tax proceeds authority, a course of action is not agreed upon by the PARTIES, this Agreement shall be deemed terminated by mutual or joint consent; provided, that any obligation to fund from the date of the notice shall be expressly limited by and subject to (i) the lawful ability of the AUTHORITY to expend sales tax proceeds for the purposes of the Agreement; and (ii) the availability, taking into consideration all the obligations of the AUTHORITY under all outstanding contracts, agreements to other obligations of the AUTHORITY, of funds for such purposes.

14. No Third Party Beneficiaries: This Agreement is not for the benefit of any person or entity other than the parties.

15. Dispute Resolution: The Parties shall work together in the spirit of good faith and cooperation to successfully implement this Agreement. Should a substantive disagreement arise between the Parties, the disagreement shall immediately be raised between the Parties. Prior to initiating any legal action, the Parties agree to meet in good faith to attempt to resolve any dispute, including but limited to meetings between executive management and participating in mediation.

The Parties shall jointly select and engage the effort of a mediator to help resolve the dispute. The Parties shall equally share the costs of the mediator. If the issue is still unresolved, either Party may bring a legal action seeking resolution of the disagreement. However, any and all legal actions may only be brought if the preceding dispute resolution process has been satisfied.

16. Venue: This Agreement and all work performed thereunder shall be interpreted under and pursuant to the laws of the State of California. The Parties agree that the jurisdiction and venue of any dispute arising under this Agreement shall be the Superior Court of Contra Costa County.

17. Counterparts: This Agreement may be executed in any number of original counterpart signature pages, and each counterpart signature page shall be attached to and incorporated into this original Agreement.

CONTRA COSTA TRANSPORTATION

CITY OF CONCORD AUTHORITY
By: By:

Valerie J. Barone, City Manager Federal Glover, Chair
ATTEST:

FUNDING AGREEMENT xxxx
Countywide Smart Signals Design and Construction Phases

29222494.1/060323.0001
By: By:

Joelle Fockler, City Clerk Tarienne Glover, Clerk of the Board APPROVED as to form:

By: By:

Susanne Brown, City Attorney Fennemore Wendel, Legal Counsel

29222494.1/060323.0001
FUNDING AGREEMENT NO. XXXX
between
The Contra Costa Transportation Authority
and
The City of Concord

EXHIBIT A

DESCRIPTION OF THE PROJECT

BACKGROUND
The Smart Signals project in Contra Costa County is a CCTA led countywide project to upgrade traffic signal system and communication systems throughout its 19 cities and unincorporated communities.

Contra Costa County is home to 19 cities/towns and the County, which includes numerous unincorporated communities. There are approximately 1400 traffic signals within the County, Caltrans-owned and various city-owned. Most of these traffic signals are located either along major arterials, including State Routes, identified as Routes of Regional Significance (RSS) or other major and minor arterials in the cities/towns.

The project will develop, manage, and implement Intelligent Transportation System (ITS) initiatives such as upgrading the existing legacy systems, providing interconnectivity throughout Contra Costa County signal systems and enhance the sharing of real-time information between agencies and the public.

The existing traffic signal systems in most jurisdictions located within Contra Costa County are legacy systems and are outdated or antiquated compared to newer traffic signal systems. These signal systems currently lack the communication infrastructure such as fiber and cellular/wireless-based communication, which makes it difficult to implement traffic signal synchronization and coordination between traffic signals along an arterial. Most corridors do not currently include Signal Control and Prioritization (SCP) technologies to promote transit usage to reduce delay and travel times for transit vehicles and reduce response time for emergency vehicles.

These deficiencies result in severe traffic congestion within the cities/towns and may result in spillover onto freeways and cause a chain reaction of congestion along local arterials. The current system contributes to overall commuter travel times and delays, increases greenhouse gas emissions and fuel consumption, as well as incidents and collisions. These deficiencies were documented following extensive discussions with the cities and towns regarding traffic signal operation within the Contra Costa County.

CCTA and the project Stakeholders have initially identified these deficiencies, which are translated as the following project goals: 1) Improve safety and minimize crashes, injuries, and fatalities between motorists, bicyclists, and pedestrians; 2) Optimize mobility along major corridors and RRS; and 3) Advance to Smart City and Internet of Things (IOT) solutions.

RESPONSIBILITY

PROJECT ACTIVITY STATE AUTHORITY CITY
DRAFT 2-08-06 FUNDING AGREEMENT No. XX.XX.XX
Exhibit C City of Concord

29222494.1/060323.0001

PROJECT ELEMENTS
The Smart Signals project will develop, manage, and implement ITS initiatives that improve the safety and efficiency of multimodal mobility, maximize highway and arterial system throughput, and improve operational efficiency, safety, and reduce environmental impact throughout the county. By upgrading the existing legacy systems and providing interconnectivity throughout Contra Costa County signal systems, the county’s traffic signal systems can be prepared for future emerging technologies including connected and/or autonomous vehicles, big data, integrated corridor management (ICM), enable implementation of incident management strategies and Smart Cities initiatives. This solution can enhance the sharing of real-time information between agencies and the public using existing and next generation ITS technologies.

The upgraded traffic signal systems and signal interconnect will help smooth traffic flow and ease recurring traffic congestion by expanding mode choice options and reducing travel time on local streets and roads. Upgraded traffic signals will benefit pedestrians and transit commuters by reducing wait times at intersections, improving total travel time for all modes while making transit and pedestrian more viable transportation options. The Smart Signal systems would also improve the safety of pedestrians, bicyclists, vulnerable road users, and people with disabilities by deployment of detection systems.

To accomplish these goals, CCTA is applying a Smart Signal approach that will include the implementation of ITS equipment including upgraded traffic signal controllers and cabinets, upgraded Advanced Traffic Management System (ATMS) for each agency to provide remote command and control from a centralized Traffic Management Center (TMC) or Traffic Operations Center (TOC) location, Closed-circuit Television (CCTV) cameras, SCP for transit and emergency vehicles, and vehicle detection systems deployed on predefined designated arterials and state routes.

These improvements will provide local cities and Caltrans day-to-day county-wide traffic management capabilities in addressing recurrent traffic congestion as well as provide CCTA capabilities for managing the system during non-recurring traffic congestion caused by diverted traffic due to major incidents on the freeway or during any evacuation efforts.

The PROJECT’s key features and benefits include but are not limited to some of the following:
 Providing infrastructure for a countywide traffic management system  Upgrading local signal controllers and signal system hardware, software, and firmware  Deploying bicycle and pedestrian detection software for vulnerable road user protection  Providing SCP, including Transit Signal Priority (TSP) and Emergency Vehicle Preemption (EVP) capabilities
 Enabling local event management signal timing options  Taking a proactive approach to safety by identifying “near miss” situations for analysis

RESPONSIBILITY

PROJECT ACTIVITY STATE AUTHORITY CITY
DRAFT 2-08-06 FUNDING AGREEMENT No. XX.XX.XX
Exhibit C City of Concord

29222494.1/060323.0001
 Enabling cities and CCTA to proactively manage day-to-day traffic  Enabling cities to proactively manage traffic on local streets that has diverted off the freeway due to a major freeway incident
 Identifying alternative routes with timing optimized for incident management  Allowing shared control and operation, improving cross jurisdictional traffic management  Allowing cities/CCTA access to monitor all CCTV cameras and traffic signals for the purpose of optimizing day-to-day operations
Deployment of the Smart Signals Project is expected to result in operational and safety improvements for all modes of transportation, such as:
 Decrease in travel time,
 Decrease in total delay,
 Reduction in number of stops
 Reduction in secondary accidents
 Decrease in fuel consumption and greenhouse gas emissions  Promotion of transit ridership
 Reduction of response time for emergency vehicles
When operating together, these enhancements increase safety and reliability, and support environmental sustainability, economic development, and equitable access for all travelers.

CITY OF CONCORD ELEMENTS
The signals located at the following intersection are included in the Project and are proposed to receive Smart Signal upgrades. (See Table 1 and Figure 1 below) Table 1: City of Concord PROJECT Intersections

LIST OF INTERSECTIONS
Signal No. Primary Street Secondary Street
1 Clayton Rd Bailey Road
2 Clayton Rd Claycord Ave
3 Clayton Rd Ayers Rd
4 Clayton Rd Terry Lynn Ln
5 Treat Blvd Winton Dr
6 Treat Blvd Oak Grove Plaza

RESPONSIBILITY

PROJECT ACTIVITY STATE AUTHORITY CITY
DRAFT 2-08-06 FUNDING AGREEMENT No. XX.XX.XX
Exhibit C City of Concord

29222494.1/060323.0001
7 Treat Blvd Oak Grove Rd
8 Treat Blvd San Simeon Dr
9 Treat Blvd San Miguel Rd
10 Treat Blvd Navarone Way
11 Treat Blvd Cowell Rd
12 Treat Blvd Turtle Creek Rd
13 Treat Blvd Bel Air Dr
14 Treat Blvd Clayton Rd
15 Ygnacio Valley Rd Crystal Ranch Rd
16 Ygnacio Valley Rd Ayers Rd
17 Ygnacio Valley Rd Alberta Wy
18 Ygnacio Valley Rd Michigan Blvd
19 Ygnacio Valley Rd Park Highland Blvd
20 Ygnacio Valley Rd Clayton Rd
21 Ygnacio Valley Rd Montecito Dr
22 Monument Blvd Mohr Ln
23 Monument Blvd Carey Dr / Nursery Ln
24 Monument Blvd Victory Ln/The Trees Dr
25 Monument Blvd Reganti Dr
26 Monument Blvd Mi Casa Ct / Virginia Ln
27 Monument Blvd Oak Grove Rd
28 Monument Blvd Erickson Rd
29 Monument Blvd Detroit Ave
30 Monument Blvd Walters Way
31 Monument Blvd Cowell Rd
32 Clayton Rd Galindo St
33 Clayton Rd Grant St
34 Clayton Rd Colfax St
35 Clayton Rd Park St
36 Clayton Rd Port Chicago Hwy
37 Clayton Rd Oakland Ave
38 Clayton Rd The Alameda (1)
39 Clayton Rd 6th St
40 Clayton Rd The Alameda (2)
41 Clayton Rd Contra Costa Canal Trail
42 Clayton Rd Chestnut Dr
43 Clayton Rd Lucky Dr
44 Clayton Rd Babel Ln

RESPONSIBILITY

PROJECT ACTIVITY STATE AUTHORITY CITY
DRAFT 2-08-06 FUNDING AGREEMENT No. XX.XX.XX
Exhibit C City of Concord

29222494.1/060323.0001
45 Clayton Rd Farm Bureau Rd (1)
46 Clayton Rd Farm Bureau Rd (2)
47 Clayton Rd West St
48 Clayton Rd Mendocino Dr/Rosal Ln
49 Clayton Rd Cape Cod Way
50 Clayton Rd Denkinger Ct
The recommended upgrades for signals located in Concord include:
 Signal controller firmware updates
 Video/Radar detection
 Wireless communication between the signals
 Pan-Tilt-Zoom (PTZ) cameras
 An Advanced Traffic Management System (ATMS)
 Traffic signal synchronization
 Emergency Vehicle Preemption (EVP)
 Transit Signal Priority (TSP), and
 Video Analytics.

Based on preliminary estimates, the upgraded equipment, including cost of construction, is shown below. The City is responsible to provide the minimum 11.47% match.  Total Number of Signals – 50
 Total funding – $4,352,829
 Local match required – $499,173 (11.47%)

Staff Report
Date: June 27, 2023
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Greg Taylor, Director of Information Technology [email protected]
(925) 671-3189
Subject: Considering approval of eight (8) agreements involving annual license, maintenance, purchase and support for Information Technology systems in the total not-to-exceed amount of $1,558,517 for the 2023-24 Fiscal Year; and authorizing the Director of Information Technology to execute the agreements and supporting documents in a form acceptable to the City Attorney. (General Fund)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), and/or 15378.

Report in Brief
The Director of Information Technology requests authorization to expend $1,558,517 in funds budgeted in Fiscal Year 2023-24 to maintain various license, maintenance, purchase and support agreements. These agreements provide the City with access to manufacturers’ technical support, software upgrades, Network Infrastructure support and the ability to purchase required computer and server equipment for the coming fiscal year. Each of the license, maintenance, purchasing and support agreements are for a single one-year period. The listed agreements either exceed $85,000 individually or in aggregate to a vendor, which requires authorization by Council to expend the funds in accordance with the City’s Procurement Policy.

Recommended Action
Approve eight (8) agreements involving annual license, maintenance, purchase and support for Information Technology systems in the total not-to-exceed amount of $1,558,517 for the 2023-24 Fiscal Year; and authorize the Director of Information

5.m

City Council Agenda Report
Agenda Item No. 5.m
June 27, 2023
Technology to execute the agreements and supporting documents in a form acceptable to the City Attorney.

Background
The City maintains various license, maintenance, purchase and support agreements for each of the following Information Technology systems listed below. These critical business systems provide functionality that is required for City operations, and ultimately, services provided to the public. The not to exceed amount is based on the prior year’s invoice amount and contractual increases. Table 1 is attached listing all systems, the manufacturer/supplier, the term length, cost and the attachment number for the associated contract (Attachment 1).

Annual license, maintenance, purchase and support agreements provide the City with critical vendor hot patches, service packs, major revision upgrades, new server and computer system replacements and network and security infrastructure support. The City requires these agreements in order to maintain reliable, secure, and highly available business systems. The following is a brief description of each:
 Accela Automation (Attachment 2: $227,451) – The Accela Automation software is used to process and print the Building, Code Enforcement, and Planning required permits, track land use and zoning, and support the Sewer Levy revenue process. Accela Automation provides multiple departments within the City a solution to automate permits, workflow, forms management, activity tracking, citizen relationship management and other important daily tasks. The Geographical Information System (GIS) interface provides staff direct access to view spatial representations of all land use, zoning, and infrastructure information associated with a parcel, permit, inspection, or plan. If this system is not maintained, the City would lose automated permits tracking, Sewer Levy assessments, land management and web access for the planning, building, housing and economic development and code enforcement groups.  Accela CRM/Concord Connect (Attachment 3: $21,069) – The Accela Customer Relationship Management (CRM) tool allows citizens to submit nonemergency requests via a mobile app and/or web browser. This application is utilized by multiple City departments and provides a way to create a ticket, submit it directly to the responsible department and track its resolution. It is a public facing application that is currently in use and deployed throughout the City.

This system provides an interface to City Staff and if not renewed, may leave a gap in communications between the City and its citizens.  Infor/Lawson ERP System (Attachment 4: $236,250) – Infor provides the Human Resources and Finance systems, and interfaces with the Questica budgeting system. Infor provides employee position control, financial reporting, benefits administration, accounts payable, receivables, purchasing, payroll, and employee services. In addition to normal patches, version upgrades and patches,

City Council Agenda Report
Agenda Item No. 5.m
June 27, 2023
the support agreement also provides access to required annual tax code updates.
 EBRCSA – East Bay Regional Communications System Authority (Attachment 5: $255,837) – Provides Radio Infrastructure and Police Dispatch Console support for all Police, Public Works, Parks & Recreation, Community Development, and IT radios. Without EBRCS participation, the City would incur additional operating costs for maintaining its own public safety radio system with less interoperability and capabilities.
 Contra Costa County Public Safety Systems (Attachment 6: $247,794) – The CAL-Remote Access Network was established in 1989 and is contributed to by all County agencies. Its primary function is to enable jail bookings through the LiveScan fingerprint capture and recognition system. The annual contribution is based upon the number of contributing agencies and each City’s population. The All-County Criminal Justice Information Network (ACCJIN) in Contra Costa County, California, was established in 1990 and links 23 individual criminal justice information systems and provides Concord Police with access to law enforcement data at the Local, County, State, and Federal levels. The Office of the Sheriff maintains the Automated Regional Information Exchange System (ARIES) database and the Domestic Violence Relational Database. Both collect data from California jurisdictions, and multiple counties utilize and share information to support increased monitoring and law enforcement efforts. Police and Dispatch use Level II software for accessing the ACCJIN Network to query the Department of Justice (CLETS and ARIES) Databases. These services also provide some license plate reader capabilities that assist with stolen vehicle recovery. Without these services, the Police Department would not be able to receive timely information from Local, State or Federal criminal databases.  Asset Essentials/Predictor Enterprise from Dude Solutions (Attachment 7:
$114,801) – Provides a work order management system to manage and maintain City Facilities and Assets, including sewer pipes, traffic signals, streetlights, parcels and other important data. These assets can be selected and work can be assigned and recorded, allowing staff to track and monitor the completion of work. The system calculates and predicts the cost of work performed by work type, work location, or employee. This software also allows Public Works to provide timely and accurate information related to services provided to the community. Without this work order management system, Public works would be limited to a paper based system, which would compromise timely completion of critical city assets.
 DELL INC Computer/Server Systems (Attachment 8: $295,315) – The City of Concord purchases the majority of its Information Technology equipment, which include desktop computers, laptops and citywide servers from DELL, Inc. By using a single vendor, parts are more easily interchangeable, configurations can be standardized, and software installations quickly replicated. In order to obtain

City Council Agenda Report
Agenda Item No. 5.m
June 27, 2023
superior pricing via economies of scale, the City uses a National Association of State Procurement Officers (NASPO) Value Point Cooperative contract. DELL, Inc. is part of the NASPO Value Point Master Price Agreement Contract No.

MNWNC-108, of which the State of California participates through California Participating Addendum No. 7-15-70-34-003. The City can use the NASPO Value Point Cooperative to purchase Information Technology equipment at lower prices than those the City would obtain through its own competitive bidding.  PTCE Group LLC – Network Infrastructure and Security Support (Attachment 9: $160,000) – The City utilizes an extensive network of Cisco switches, proprietary firewalls and IT security applications to ensure system reliability. In order to implement, upgrade, and maintain these varied systems, the City relies on specialized contractor support. On April 7, 2023, in accordance with City of Concord Procurement Policy, the City issued a Request for Proposal (RFP #040623) for IT Infrastructure Support Services. Five companies responded and PTCE Group was chosen to be the optimal respondent using selection criteria that included qualifications, experience, technical expertise and cost.

Financial Impact
There is no additional fiscal impact associated with this action as all necessary funding for the license, maintenance, purchase and support agreements listed have been previously budgeted and approved by Council in the adopted Fiscal Year 2023/24 budget.

Public Contact
The City Council Agenda was posted.

Attachments

1. Table 1 – Systems Listing

2. Accela Automation Agreement

3. Accela CRM Agreement

4. Infor (Lawson) Agreement

5. East Bay Regional Comm System (EBRCSA) Agreement

6. Contra Costa County Public Safety Agreements

7. Dude Solutions Agreement

8. DELL NASPO Agreement

9. PTCE Group Agreement

ATTACHMENT # SYSTEM MANUFACTURER/SUPPLIER DESCRIPTION TERM AMOUNT 2 Accela Automation Accela Government Software Software to process Building, Code Enforcement and Planning permits, track land use and zoning, and support the Sewer Levy revenue process.

FY 23/24 $227,451
3 Accela CRM Accela Government Software Software for citizens to submit non-emergency requests via a mobile application or web browser.

FY 23/24 $21,069
4 HR/Finance System Infor (Lawson) City’s Enterprise Resource Planning System used for financial reporting, budgeting, accounts payable, employee position control and various other City operations.

FY 23/24
$236,250
5 East Bay Regional Comm System EBRCSA JPA Provides Radio infrastructure and Police Dispatch Console support for all Police, Public Works, Parks & Recreation, Community Development and IT radios.

FY 23/24
$255,837
6 CLETS, ARIES, and CAL-Remote Access Network Contra Costa County California Law Enforcement Telecommunications System (CLETS) is used to transmit highly sensitive Public Safety information between law enforcement agencies throughout the State. Automated Regional Information Exchange System (ARIES) database is used to share Public Safety information throughout Contra Costa County. CAL-Remote Access
Network enables jail bookings through the LiveScan
fingerprint capture and recognition system.

FY 23/24
$247,794
7 Asset Essentials and Predictor Enterprise Dude Solutions Software used for work order management and to track City facilities and assets. FY 23/24 $114,801
8 Server and Computer Replacement DELL Inc. Citywide vendor for server, desktop and laptop replacement as well as for other information technology components.

FY 23/24 $295,315
9 Network Infrastructure Support PTCE Group LLC IT infrastructure, server and network security contracted support.

FY 23/24 $160,000
TOTAL $1,558,517
TABLE 1: SYSTEMS LISTING
Attachment 1

Attachment 2

Attachment 3

Attachment 4

Attachment 5

Attachment 6

Attachment 7

Attachment 8

Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Amendment No. 5 to NASPO Master Agreement MNWNC-108
AMENDMENT NO. 5 TO NASPO MASTER AGREEMENT NO. MNWNC-108 THIS AMENDMENT is by and between the State of Minnesota, acting through its Commissioner of Administration (“State”), and Dell Marketing L.P., One Dell Way, Mailstop RR1-33 Legal, Round Rock, TX 78682 (“Contractor” or “Contract Vendor”).

WHEREAS, the State has a Contract with the Contractor identified as NASPO Master Agreement No. MNWNC-108, April 1, 2015, through February 28, 2023 (“Contract”), to provide Computer Equipment, Peripherals & Related Services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the Commissioner of Administration, or delegate pursuant to Minn.

Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract allow the State to amend the Contract as specified herein, upon the mutual agreement of the Office of State Procurement and the Contractor in a fully executed amendment to the Contract.

NOW, THEREFORE, it is agreed by the parties to amend the Contract as follows:

1. That NASPO Master Agreement No. MNWNC-108 is extended through July 31, 2023, at the same prices, terms, and conditions.

This Amendment is effective upon the date that the final required signatures are obtained, and shall remain in effect through contract expiration, or until the Contract is canceled, whichever occurs first.

Except as herein amended, the provisions of the Contract between the parties hereto are expressly reaffirmed and remain in full force and effect.

IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby.

1. Dell Marketing L.P.

The Contractor certifies that the appropriate person(s) have executed this Amendment on behalf of the Contractor as
required by applicable articles, bylaws, resolutions, or ordinances.

By:

Signature
Printed Name
Title:

Date:

By:

Signature
Printed Name
Title:

Date:

2. Office of State Procurement
In accordance with Minn. Stat. § 16C.03, subd. 3.

By:

Title: Acquisition Management Specialist
Date:

3. Commissioner of Administration
Or delegated representative.

By:

Date:

DocuSign Envelope ID: A1131CC0-2CC4-4271-AFF0-B574CFFD18AE 1/10/2023
ParaLegal Advisor
Katherine Castillo
2/1/2023
2/1/2023

Department of Administration | Office of State Procurement 112 Administration Building, 50 Sherburne Avenue, Saint Paul, MN 55155 651-201-3122 | [email protected] | mn.gov/admin/osp June 6, 2023
RE: Minnesota NASPO ValuePoint Request for Proposal for Computer Equipment To All Responders:

This letter is regarding the solicitation issued by the State of Minnesota, Department of Administration, Office of State Procurement, on behalf of the State of Minnesota and NASPO ValuePoint to establish Minnesota NASPO ValuePoint Master Agreement(s) for Computer Equipment (Desktops, Laptops, Tablets, Servers, and Storage, including related Peripherals & Services) (Solicitation 29720). Solicitation 29720 opened on March 18, 2021.

The scoring has been completed and the following companies have been offered an award:

A. Negotiations are complete and execution of a Master Agreement is pending for the following companies:

Band 1, Personal Computer Devices – Windows Operating Systems: Durabook Americas, Inc.; Howard Technology Solutions; Transource Services Corp
Band 2, Personal Computer Devices - Non-Windows Operating Systems: Apple Inc Band 3, Servers and Storage: New Tech Solutions, Inc.; Pure Storage, Inc.; Quantum Corporation; Transource Services Corp.

B. Negotiations are ongoing with the following companies:

Band 1, Personal Computer Devices – Windows Operating Systems: Ace Computers; Acer America Corporation; Dell Inc.; Dynabook Americas, Inc.; Getac, Inc.; HP Inc.; Lenovo (United States) Inc.; Microsoft Corporation; Panasonic Connect North America, Division of Panasonic Corporation of North America; Zebra Technologies International, LLC Band 2, Personal Computer Devices - Non-Windows Operating Systems: Ace Computers; Acer America Corporation; Dell Inc.; HP Inc.; Lenovo (United States) Inc.; Panasonic Connect North America, Division of Panasonic Corporation of North America; Band 3, Servers and Storage: Ace Computers; Dell Inc; Hewlett Packard Enterprise; Hitachi Vantara LLC; IBM Corporation; Lenovo Global Technology (United States) Inc.; Oracle America, Inc.; NetApp, Inc.

Thank you for your response to this solicitation.

Sincerely,
Elizabeth Randa
Acquisition Management Specialist

Minnesota NASPO RFP for Computer Equipment Summary Scores for Band 1 Phase 2, Step 1
Product
Deployment Ability to Perform TOTAL SCORE % Highest Score Possible Points 200.00 800.00 1000.00
HP Inc 143.92 627.50 771.42 100.00%
Dell 137.33 575.00 712.33 92.34%
Acer 117.33 593.75 711.08 92.18%
Getac 115.25 544.17 659.42 85.48%
Microsoft 103.33 535.83 639.17 82.86%
Panasonic 107.75 530.00 637.75 82.67%
Transource 105.25 527.92 633.17 82.08%
Dynabook 108.17 516.67 624.83 81.00%
Durabook 96.17 525.00 621.17 80.52%
Lenovo 104.00 510.83 614.83 79.70%
Zebra Technologies 100.08 478.33 578.42 74.98%
Ace 81.00 485.42 566.42 73.43%
Howard 46.67 428.75 475.42 61.63%
Detel 33.33 331.25 364.58 47.26%
Sumuri n/a n/a

DOCUMENTATION
The Evaluation Team determined that for the purposes of Phase 2, Step 1 of the evaluation process, that responders with a score of at least 60% of the highest score within that Band would advance to the next evaluation phase. For Band 1, Responder Detel's score did not cross the established threshold, and will not be advancing to Phase 2, Step 3 of the evaluation process. Responders withdrew response

Minnesota NASPO RFP for Computer Equipment Summary Scores for Band 2 Phase 2, Step 1
Product
Deployment Ability to Perform TOTAL SCORE % Highest Score Possible Points 200.00 800.00 1000.00
Acer 124.17 582.50 706.67 100.00%
Dell 98.92 578.33 677.25 95.84%
HP Inc. 103.00 552.50 655.50 92.76%
Panasonic 107.75 527.50 635.25 89.89%
Getac 99.92 507.92 607.83 86.01%
Lenovo 100.75 503.33 604.08 85.48%
Zebra Technologies 96.33 475.83 572.17 80.97%
Ace 69.58 465.83 535.42 75.77%
Apple 73.33 368.33 441.67 62.50%
Detel 33.33 328.75 362.08 51.24%
DOCUMENTATION Responders
The Evaluation Team determined that for the purposes of Phase 2, Step 1 of the evaluation process, that responders with a score of at least 60% of the highest score within that Band would advance to the next evaluation phase. For Band 2, Responder Detel's score did not cross the established threshold, and will not be advancing to Phase 2, Step 3 of the evaluation process.

Minnesota NASPO RFP for Computer Equipment Summary Scores for Band 3 Phase 2, Step 1
Product
Deployment Ability to Perform TOTAL SCORE % Highest Score Possible Points 200.00 800.00 1000.00
NetApp 150.50 587.50 738.00 100.00%
Dell 114.75 581.25 696.00 94.31%
HPE 114.42 577.50 691.92 93.76%
Oracle 114.00 562.08 676.08 91.61%
Transource 97.58 537.92 635.50 86.11%
Nutanix 109.33 511.25 620.58 84.09%
Lenovo Global 87.00 500.83 587.83 79.65%
Hitachi Vantara 66.67 509.58 576.25 78.08%
PureStorage 83.83 485.83 569.67 77.19%
IBM 63.33 486.67 550.00 74.53%
Ace 70.83 477.08 547.92 74.24%
Quantum Corporation 79.83 403.75 483.58 65.53%
General Micro Systems 33.75 427.08 460.83 62.44%
New Tech Solutions 36.00 407.50 443.50 60.09%
Howard 46.67 395.83 442.50 59.96%
Infinidat 87.75 345.00 432.75 58.64%
Detel 33.33 324.58 357.92 48.50%
Rubrik n/a n/a
Sumuri n/a n/a
DOCUMENTATION Responder
withdrew response
The Evaluation Team determined that for the purposes of Phase 2, Step 1 of the evaluation process, that responders with a score of at least 60% of the highest score within that Band would advance to the next evaluation phase. For Band 3, scores for Responders Howard, Infinidat, and Detel did not cross the established threshold, and these responders will not be advancing to Phase 2, Step 3 of the evaluation process. withdrew response

Minnesota NASPO RFP for Computer Equipment Summary Scores for Band 1 Phase 2, Step 3
Accessibility Environmental Business
Capabiltiies
Customer
Support
Total Technical
Score Cost Score TOTAL SCORE % Highest Score
Possible Points 50.00 50.00 300.00 200.00 550.00 400.00 1000.00 Panasonic 40.00 33.90 209.50 141.50 384.90 319.49 744.39 100.00% Getac 10.00 28.00 182.50 123.00 333.50 371.66 715.16 96.07% Dynabook 20.00 30.60 178.50 115.00 324.10 340.67 684.77 91.99% Dell 30.00 36.20 217.00 140.00 393.20 256.20 679.40 91.27% Transource 20.00 32.00 164.50 106.00 302.50 339.98 662.48 89.00% Acer 0.00 35.50 177.00 120.50 333.00 301.16 634.16 85.19% HP Inc. 30.00 36.80 223.50 155.00 415.30 172.57 617.87 83.00% Lenovo 30.00 33.50 183.50 139.50 356.50 211.29 597.79 80.31% Zebra Technologies 30.00 31.30 146.00 103.50 280.80 270.75 581.55 78.12% Durabook 0.00 31.60 180.00 107.00 318.60 255.42 574.02 77.11% Ace 0.00 32.70 172.50 111.00 316.20 237.57 553.77 74.39% Howard 20.00 28.50 144.00 139.50 312.00 217.36 549.36 73.80% Microsoft 0.00 36.20 200.50 140.00 376.70 158.67 535.37 71.92% DOCUMENTATION Responders
Technical Scores
The Evaluation Team determined that for the purposes of Phase 2, Step 3 of the evaluation process, that responders with a score of at least 50% of the highest score within that Band would advance to the next evaluation phase. For Band 1, the scores for all responders met the established threshold and all responders will be advancing to the next step of the evaluation process.

Minnesota NASPO RFP for Computer Equipment Summary Scores for Band 2 Phase 2, Step 3
Accessibility Environmental Business
Capabiltiies
Customer
Support
Total Technical
Score Cost Score* TOTAL SCORE % Highest Score
Possible Points 50.00 50.00 300.00 200.00 550.00 400.00 1000.00 Dell 30.00 36.40 223.00 140.00 399.40 319.75 749.15 100.00% Ace 0.00 32.70 176.50 109.50 318.70 344.37 663.07 88.51% Acer 0.00 35.50 174.00 120.50 330.00 287.36 617.36 82.41% Apple 0.00 36.80 144.50 66.00 247.30 243.29 490.59 65.49% HP Inc. 30.00 36.80 202.50 155.00 394.30 0.00 424.30 56.64% Panasonic 40.00 33.90 209.50 140.00 383.40 0.00 423.40 56.52% Lenovo 30.00 33.50 183.00 138.00 354.50 0.00 384.50 51.32% Getac 10.00 27.70 179.50 123.00 330.20 0.00 340.20 45.41% Zebra Technologies 30.00 31.30 146.00 103.50 280.80 0.00 310.80 41.49%

DOCUMENTATION
Pursuant to the established methodology, if a responder did not have at least one product that met the MNIT Minimum Acceptable Standards (used for cost evaluation purposes only) within the applicable Band, but the responder confirmed that they intend to sell similar products to what is established by the MNIT Minimum Acceptable Standards (used for cost evaluation purposes only) within that Band, the Lead State assigned the responder a Cost Score of 0. Responders Technical Scores
The Evaluation Team determined that for the purposes of Phase 2, Step 3 of the evaluation process, that responders with a score of at least 50% of the highest score within that Band would advance to the next evaluation phase. For Band 2, the scores for Responders Getac and Zebra Technologies did not cross the established threshold, and will not be advancing to the next step of the evaluation process.

Minnesota NASPO RFP for Computer Equipment Summary Scores for Band 3 Phase 2, Step 3
Accessibility Environmental Business
Capabiltiies
Customer
Support
Total Technical
Score Cost Score TOTAL SCORE % Highest Score
Possible Points 50.00 50.00 300.00 200.00 550.00 400.00 1000.00 Transource 20.00 37.20 164.50 105.50 307.20 323.11 650.31 100.00% Dell 30.00 40.90 223.00 140.00 403.90 92.76 526.66 80.99% Lenovo Global 30.00 36.00 178.50 139.50 354.00 130.59 514.59 79.13% New Tech Solutions 0.00 28.60 130.50 95.00 254.10 252.18 506.28 77.85% HPE 20.00 42.00 214.50 119.50 376.00 105.79 501.79 77.16% Ace 0.00 36.30 167.50 113.50 317.30 160.95 478.25 73.54% NetApp 40.00 38.60 189.00 103.00 330.60 50.64 421.24 64.78% Oracle 0.00 37.60 143.50 108.00 289.10 100.13 389.23 59.85% Hitachi Vantara 10.00 33.90 182.00 110.00 325.90 35.15 371.05 57.06% Quantum Corporation 0.00 29.50 151.00 79.50 260.00 108.41 368.41 56.65% IBM 10.00 38.70 166.00 99.50 304.20 39.84 354.04 54.44% Pure Storage 20.00 32.70 164.50 90.50 287.70 21.01 328.71 50.55% General Micro Systems 0.00 29.20 124.00 90.50 243.70 75.12 318.82 49.03% Nutanix 0.00 28.20 122.50 105.00 255.70 52.69 308.39 47.42% DOCUMENTATION Responder
Technical Scores
The Evaluation Team determined that for the purposes of Phase 2, Step 3 of the evaluation process, that responders with a score of at least 50% of the highest score within that Band would advance to the next evaluation phase. For Band 3, the scores for Responders General Micro Systems and Nutanix did not cross the established threshold, and will not be advancing to the next step of the evaluation process.

AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on July 1, 2023 between the City of Concord, a California municipal corporation, ("CITY") and PTCE Group LLC, a corporation, 1397 S.

Maya Way, Mountain House, CA 95391 (“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 July 1, 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 perform the services described in detail in Exhibit A, Scope of Services. 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, shall in no event shall the amount CITY pays CONSULTANT exceed One Hundred Sixty Thousand dollars ($160,000) 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 forty-five (45) 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 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 Attachment 9

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by the City Council. The CITY’s authorized representative is Gregory Taylor, IT Director of the Information Technology Department. The CONSULTANT’s authorized representative is Cedrick Major, Owner/Managing Partner.

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 2021-22 is $75,000 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 Services shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.

6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONSULTANT, its officers, agents, employees, volunteers and subcontractors are and shall at all times remain as to the CITY wholly independent contractors. Neither the CITY nor any of its officers, officials, agents, employees or volunteers shall have 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 officers, agents, employees, volunteers

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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 nonstandard 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 Services 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.

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

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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.

10. INDEMNIFICATION.

A. For Design Professional Services Only. Pursuant to California Civil Code Section 2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, officials, 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, agents, employees 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,