Concord City Council
June 27, 2023

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

Intern, Police Officer Trainee, Police Officer, or any other police classification for which Matron Duty is a normal assignment, a non-sworn female employee in the Police Department may volunteer for such duty, and be paid a Matron Duty differential for such time worked. If no on-duty volunteers are available within the Police Department, Matron Duty may be assigned to a non-sworn female employee hired by the Police Department after July 2, 1973. (Non-sworn female personnel employed continuously in the Police Department on or before July 2, 1973 may volunteer, but may not be assigned to perform Matron Duty.) The non-volunteer assignment of Matron Duty shall be restricted to employees of the Police Department, but the Department shall not be limited in bringing in a person for such temporary duty as provided in Section 9.5.4.

9.5.2 The performance of Matron Duty shall be in conformance with Departmental Procedures and Instructions issued by the Chief of Police.

9.5.3 In addition to their regular basic hourly pay, employees performing Matron Duty shall be entitled to the following pay differential:

9.5.3.1 Sixteen Dollars ($16.00) for any and all Matron Duty assignments performed within the span of one (1) hour from the time the employee reports to the place where the Matron Duty is to be performed.

9.5.3.2 Sixteen Dollars ($16.00) for each additional hour or any part of an additional hour that Matron Duty is actively performed.

9.5.3.3 For purposes of this section, the transportation of a female prisoner shall be considered to conclude at the time the prisoner is delivered to the specified destination.

9.5.3.4 Provisions of Section 9.1 titled “Overtime,” shall apply whenever an off-duty employee is requested to perform Matron Duty. In addition to such overtime pay, the employee (other than those excluded in Section 9.5.6) shall receive the additional pay specified above.

9.5.4 Persons who are not employees of the City may be called for Matron Duty.

9.5.5 All female employees who may be required to perform Matron Duty shall be provided four (4) hours of Matron Duty training before performing such duties. The Chief of Police shall determine AT LEAST annually the schedule for Matron Duty refresher training.

9.5.6 Exclusions: Added compensation under this provision for Matron Duty does not apply to incumbents in the Community Service Officer, Police Intern, Police Officer, or other classes where Matron Duty is a normal assignment.

9.69.5 Night Shift Premium PayShift Differentials
A night shift is defined as regularly scheduled work hours in which one-half or more

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

of the scheduled hours for that shift occur between the hours of 4:00 p.m. and 8:00 a.m. Employees assigned to work a night shift will receive a premium of $2 per hour above base salary.

A graveyard shift is defined as regularly scheduled work hours in which more than onehalf of the scheduled hours for that shift occur between the hours of 9 p.m. and 7 a.m Employees assigned to work a graveyard shift will receive a premium of $2.50 per hour above base salary.

In addition to the applicable night shift pay, any employee working a shift designated as “Graveyard” will also be paid an addition of $.20 per hour. The Graveyard shift is defined as any hours worked between 9:00 p.m. and 7:00 a.m.

9.6.19.5.1 A night Sshift premium differential shall be paid to employees who are assigned to perform work on a regularly scheduled night/graveyard shift, subject to the following:

For the Dispatcher II, Lead Dispatcher and Forensic Specialist II, the premium pay shall be $1.80 per hour
For all other classifications, the premium pay shall be $1.60 per hour.

9.6.1.19.5.1.1 The night/graveyard shift premium shall not be paid for any work performed by regular day shift employees unless they are rescheduled to perform work on a night/graveyard shift in lieu of their usual day schedule.

9.6.1.29.5.1.2 The night/graveyard shift premium does not apply for extra hours worked in cases where a shift is extended by additional hours worked either before or after the employee's normal shift. In such cases, overtime compensation will apply.

9.6.1.39.5.1.3 The night /graveyard shift premium shall be payable only for hours actually worked and shall not be paid for non-work time, such as holidays, sick leave, vacation, or other paid leave.

9.6.1.49.5.1.4 Employees assigned to the Recreational & Special Events Program Coordinator classification are not eligible for a night/graveyard shift premium.

9.6.1.59.5.1.5 The amount of the night/graveyard shift premium pay shall not be used in determining the employee’s benefit under the City’s life insurance or long- term disability programs and shall not be used in calculating overtime.

9.6.1.69.5.1.6 The parties agree that to the extent permitted by law, the City shall report this pay as this is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Sections 571(a)(4) and 571.1(b)(3) - as Shift Differential.

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

10. Holidays

10.1 The following shall be observed as holidays for eligible full-time employees of the City:

Holiday Observed
New Year's Day January lst
Martin Luther King, Jr. Day The third Monday in January Washington's Birthday The third Monday in February
Memorial Day The last Monday in May
Independence Day July 4th
Labor Day The first Monday in September
Veteran's Day November 11th
Thanksgiving Day As proclaimed by the President
The Day Following Thanksgiving
Christmas Eve December 24th
Christmas Day December 25th
Every day appointed by the Mayor for a public fast, thanksgiving, or holiday.

10.2 Holidays that fall on a Saturday shall be observed on the preceding Friday; holidays that fall on a Sunday shall be observed on the following Monday.

10.3 Employees in pay status on the day the City observes the holiday shall receive a holiday allowance equal to the straight-time daily equivalent of eight (8) hours base pay and be off work on the day the holiday is observed.

10.4 When a holiday falls on an employee’s regularly assigned day off, the employee shall accrue compensatory time off of eight hours for the holiday or paid the straight- time equivalent of eight (8) hours base pay, at the discretion of the Department Head, after giving due consideration to the wishes of the employee.

10.5 When an employee performs regularly and routinely scheduled work on a holiday, the employee shall accrue compensatory time off of eight hours or paid the equivalent of eight (8) hours base pay for the holiday, at the discretion of the Department Head, and shall be paid at the rate of the time and one-half (1.5) times the base hourly rate of pay for such work.

10.6 An employee who performs work on a holiday, which is not regularly and routinely scheduled, shall be paid the straight-time equivalent of eight (8) hours base pay for the holiday and shall be paid at the rate of time and one-half (1.5) for the actual hours worked. However, a minimum of two (2) hours overtime pay or compensatory time off shall be granted to an employee who works less than two

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

hours.

10.7 Police Department employees may be designated by the Chief of Police to work all holidays which fall on their normal work schedule. If the employee is so designated, for purposes of this section only, holidays are the actual date of the recognized holiday and not the day these holidays are observed by the City.

10.8 All eligible employees shall be granted the same number of holidays per year.

10.9 Employees on authorized or unauthorized leaves of absence without pay shall not be paid for the holiday. An employee who is regularly and routinely scheduled to work the holiday, but does not work due to unexcused absence, shall not receive the holiday allowance.

10.10 The City will credit each full-time employee’s compensatory time bank with an additional three (3) hours of straight time leave in the first pay period in March.

10.11 Certain non-sworn positions may be designated as Emergency Service Personnel. Emergency Service Personnel are required to work all holidays that fall on their normal work schedule. The following positions fall under this category:

Field Operations Division:

Community Services Officer – Jail............................................... 5 positions Community Services Officer – Community Service Desk........... 4 positions Support Services Division:

Lead Dispatcher – Communications............................................. 3 positions Dispatcher I and II – Communications......................................... 14 positions Police Records Clerk III – Records Bureau.................................. 5 positions Community Services Officer – Records Bureau… ......................1 position NOTE[AL2]: The Police Chief retains the authority to modify which personnel are designated as Emergency Service Personnel, as based on operational needs.

11. Vacations

11.1 Vacation accrual shall be at the rates indicated below. The appropriate accrual for vacation shall be credited at the end of each full biweekly pay period during which an employee receives 56 hours straight-time pay. No vacation credit shall accrue to an eligible employee who receives less than 56 hours straight-time pay for the biweekly pay period. Such straight-time pay may consist of pay for regular hours worked; or pay for approved vacation, sick leave, or compensatory time off; holiday observed by the City, jury duty; or pay for Military Leave. Overtime hours worked, or any authorized leave of absence with pay other than those identified above shall not apply toward the accrual of vacation.

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

Accrual Rates
During the 1st year 10 days 3.077 hours per pay period
During the 2nd year 12 days 3.692 hours per pay period
During the 3rd - 7th year 15 days 4.615 hours per pay period During the 8th - 9th year 16 days 4.923 hours per pay period During the 10th - 12th year 17 days 5.231 hours per pay period During the 13th - 14th year 19 days 5.846 hours per pay period During the 15th - 19th year 21 days 6.462 hours per pay period During the 20th year & thereafter 22 days 6.769 hours per pay period

11.2 On September 9 of each calendar year, employees in pay status shall accrue an additional eight (8) hours of vacation in lieu of an Admissions Day holiday. Such vacation accrual shall occur at the end of the pay period which includes September 9 and shall be credited to the employee's vacation balance regardless of the number of hours paid during the pay period. However, such vacation accrual shall not be credited in any amount that exceeds the employee's vacation accrual maximum unless specifically authorized by, and at the sole discretion of, the City Manager after considering alternatives that may be available. The City agrees to provide advance notification to those employees who may, as a result of such crediting, exceed their vacation maximum so that they may schedule vacation time or initiate other appropriate action in order to avoid a loss. Such notification shall be with the understanding that it is the employee's responsibility to initiate the appropriate request.

11.3 Any change in vacation accrual rate shall be effective at the beginning of the pay period that coincides with or follows the completion of the qualifying years of employment.

11.4 The maximum vacation balance available for an employee at any one time shall be two times the amount of the employee’s current vacation accrual rate. However, upon approval of the Department Head, up to 40 additional days of vacation may be accumulated for a period not to exceed one anniversary year.

11.5 No vacation accrual shall be permitted in excess of the amounts indicated above.

11.6 Vacation Usage

11.6.1 When possible, vacation should be taken within the year following the accrual year and must be requested in advance.

11.6.2 All scheduling of vacations is to be approved by the Department Head

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

(or such person's designated representative) giving due consideration to the wishes of the employee and the work requirements of the City.

11.6.3 Vacation may not be taken beyond that amount accrued. The authorization by the Department Head for vacation does not constitute authorization of paid vacation beyond the balance on hand at the time such vacation is taken.

11.6.4 Employees shall not be charged vacation usage for paid holidays occurring during the vacation period. For all employees, including those on a variable workweek, the holiday is equal to eight hours.

11.6.5 Vacation may be used for any authorized absence (except disciplinary suspension) when no other paid leave resource is available.

11.7 Accrual Rate Upon Re-employment, Reinstatement, or Rehire. An employee shall retain the same vacation accrual rate in existence at the time of termination upon appointment from a Re-employment List; reinstatement into the Competitive Service; or rehire within one year of termination. When a rehire is more than one year from the date of termination, the vacation accrual rate shall be the same as applied to a new employee.

11.8 Cash Payment in Lieu of Vacation Time off. For the purposes of reducing excess vacation accrual, employees may elect to receive compensation (“cash-out”), annually, for a maximum of 40 hours of accrued vacation each year, so long as two workweeks of accrued vacation remain for the benefit of the employee after the cash- out is taken. This election must be made in writing no later than December 31 of the calendar year prior to when the cash-out is scheduled to occur. By way of illustration, employees seeking a cash-out in calendar year 2016 must submit their cash-out election by December 31, 2015. This compensation shall occur on the last payday occurring in April following submission of the irrevocable election form (See Attachment G). No exceptions will be made to this policy. If the nonrevocable election is not made by December 31, there will be no other opportunity to cash-out vacation accruals until/unless the non-revocable election is made by the employee on or before December 31 of the following year.

11.8.1 Vacation Pay Upon Termination. The equivalent cash value of the unused vacation balance as of the last workday shall be included on the employee's final paycheck; except that in cases of retirement from City service, the City Manager may approve the utilization of available vacation time to extend the date of retirement.

11.8.2. Upon the death of an employee, payment of any unused vacation balance shall be made to that person designated by the employee on the

DESIGNATION OF PERSON TO RECEIVE WARRANTS OR CHECKS UPON DEATH OF EMPLOYEE (Form No. PER 57) or to the estate.

12. Employment, Advancement & Retention

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

12.1 Probation
Any person appointed or promoted to a regular position, except appointments to Police Dispatcher and Lead Dispatcher, shall be placed on probation for a period of six (6) months. The probationary period for appointments to Police Dispatcher and Lead Dispatcher shall be for one (1) year. With the approval of the Human Resources Director, and upon written notice to the probationer, the probationary period may be extended for up to six (6) months for those on a six-month probation period and for up to one (1) year for any appointments to the Police Dispatcher and Lead Dispatcher classes. For purposes of this section, the term “appointment,” with reference to the Lead Dispatcher, does not include promotions to that position. In the case of promotion to Lead Dispatcher, the probation period is six months, subject to extension. The probationary period shall be considered a part of the examination and selection process and shall not include the time served under any limited service or provisional appointment, but shall date from the time of appointment to a regular position after certification. Leaves of absence or assignments out of the class totaling more than thirty (30) calendar days, for any reason, shall not be counted toward completion of the probationary period. During the probationary period, the employee may be rejected by the appointing authority at any time without right of appeal or hearing. Section 2.40.160, of the Municipal Code shall apply to any employee who is rejected during a probation period from a position to which the employee was promoted. Note that the Chief of Police will continue to work with representatives of the Police Dispatchers to identify and implement effective dispatcher training.

12.2 Status of Employee

12.2.1 In the Competitive Service Status. An employee appointed to a regular position in the Competitive Service shall earn permanent status in a class only if the employee has successfully completed the designated probationary period after having been granted a Probationary Appointment through either the reallocation or reclassification process; through flexible position advancement; or by selection from an appropriate employment list. Once the employee gains status in a class, that status is retained as long as the employee holds a position in that class. The following sections clarify, rather than restrict, the effect various personnel transactions may have on the permanent status of employees.

12.2.2 Status of Employee Following Promotion. The appointment of any employee to a position in a class which has a higher maximum salary than the employee's present position constitutes a promotion. Any employee having permanent status in the City service shall be eligible to compete on a promotional basis in the promotional examinations provided such employee meets the requirements of the class for which the examination is to be held. If an employee, who is on a promotional employment list, resigns from the City service or is dismissed for cause, the employee’s name shall automatically be dropped from such list.

An appointment to a position in the Competitive Service shall be made from an

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

employment list established for the class with the higher maximum salary. If no appropriate employment list exists, then a provisional appointment may be made.

The pay for an employee following promotion shall be as provided in Section 7.2.7 and 7.3.7 of this MOU.

An employee, who has been promoted and successfully completes the designated Probationary Appointment, gains permanent status in the new class and gives up permanent status in the former class. An employee who does not successfully complete the Probationary Appointment period may return to the position and status held prior to promotion, unless the reason for rejecting the employee during the probationary period from a position to which promoted would have been sufficient to cause dismissal from the former position as well, in which case, the employee shall be entitled to appeal the dismissal as provided by Section 2.40.160 of the Municipal Code.

12.2.3 Status of Employee Following Demotion. An employee may request demotion, or may be demoted as a result of reduction in force, for disciplinary reasons, or for other cause. In all cases, the appointing authority(ies) concerned shall approve the demotion and notify the employee in writing. The pay of an employee following demotion shall be as provided in Section 7 of this MOU.

If the demotion involves an employee with permanent status in the Competitive Service, then the demoted employee shall assume permanent status in the class to which demoted and give up permanent status in the class from which demoted only if the Human Resources Director finds that the employee meets the qualifications of the class to which demoted. If the employee does not have permanent status in the higher class or in a class comparable to the class to which demoted, then the employee shall be placed on a Provisional Appointment or Probationary Appointment from the appropriate employment list for the class.

12.2.4 Status of Incumbents in Reclassified Positions. Whenever reclassification occurs, an employee occupying the position may be retained in the position after it has been reclassified without further competitive examination, provided that upon investigation the Department Head concerned and the Human Resources Director find that the reclassification results from an official recognition of a change in duties and responsibilities which has already occurred; the addition of duties and responsibilities (justifying allocation to a different classification) was not the result of planned management action; the performance of the duties and responsibilities of the incumbent has been satisfactory; the incumbent possesses the knowledge, skills, and abilities of the qualifications of the different class; and the incumbent has permanent status in the class to which the position was formerly allocated.

12.2.5 Status of Employee Following Transfer. A transfer of a permanent employee from a position in one class to a position in another class having related duties and responsibilities, and the same maximum salary, shall be made only upon certification of the Human Resources Director that the employee possesses the qualifications for employment in the new class. In such case, no further competitive

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

examination is required and the employee shall assume permanent status in the class to which assigned. However, an employee currently serving a probationary period shall not be transferred to a position in another class for which an employment list exists unless ordered by the Council. In such case, the employee shall start a new probationary period effective on the date of the transfer.

12.2.5.1 General. An employee may be transferred by the appointing authority from one position to another position in the same class; or, with the approval of the Human Resources Director, to a comparable class at the same salary level. If such transfer involves a change from the jurisdiction of one appointing authority to that of another, both must consent thereto before the action shall be considered effective, except if the Council shall order the transfer, such consent shall not be required.

Whenever possible, an employee being considered for transfer shall be notified within a reasonable period in advance of the effective date of such contemplated transfer and the employee’s wishes with respect to this action shall be taken into account to the extent practicable, consistent with the interest of efficient operations of the departments concerned. The pay of an employee following transfer shall be as provided in Section 7.3.10 of this MOU.

Vacant positions which require City Manager authorization to be filled will be advertised by the posting of a notice of vacancy for five (5) City business days before any recruitment for such vacancy.

12.2.5.2 Police Department. The intent of this procedure is to establish an orderly method of administering personnel transfers for fulltime, non-sworn personnel within the Police Department and to transfer the employee who best meets the requirements of a position.

12.2.5.2.1 Application. Notification of vacancies shall be advertised throughout the Department. The
advertisement shall include any special provision and/or requirements pertinent to the assignment and a closing date for receipt of transfer requests.

Persons interested in applying for a vacant position shall submit a request through the normal chain of command to the commanding officer of the Administrative Services Division.

The request for transfer shall include the employee's name, present assignment, length of time in present assignment, length of service with the department, unit requested, and an outline of any qualifications, experience, training or
education which the employee believes is relevant to the position.

Supervisors shall submit a written request for an interested subordinate who is on authorized leave at the time of the

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

transfer consideration.

Supervising officers receiving requests for transfer shall attach a recommendation for or against such a transfer with a supporting explanation, and forward all such requests through the chain of command to the commander of the
Administrative Services Division.

12.2.5.2.2 Selection. The division commander of the
selecting division may create a panel to interview candidates.

The interview should consider, but not be limited to,
inquiries requiring motivation of the employee, experience, prior performance or preparation for the assignment. The employee shall be notified of the time and date of the
interview by a member of the panel.

There will be no compensation to an employee for time
spent in the interview if the employee is off duty.

Failure of the employee to attend the interview without good cause shall be deemed to be a withdrawal of interest in the position.

Upon conclusion of all interviews, the division commander of the involved division shall submit a recommendation for filling the anticipated or existing vacancy to the Chief of Police.

The Chief of Police shall make the final assignment and has the authority to assign anyone regardless of the
recommendation of the division commander.

Once a position is filled, all applications for the position will become void.

12.2.6 Status of Employee Upon Resignation. Employees who resign give up permanent status and employment rights, except as otherwise provided by the Personnel Rules, the Personnel Ordinance, or other Policy & Procedures or Administrative Directives or other provisions of this MOU dealing with personnel matters. Employees are expected to provide reasonable notice (usually two weeks) of their intent to resign and to be physically present and actively at work up through their date of termination.

12.2.7 Retention of Status. No person having status, who, in addition to regular duties, is given additional or new duties by an appointing authority, shall by reasons thereof lose permanent status in the class which the employee held prior to the assignment of such additional or new duties.

12.2.8 Status of Employee While on Authorized Leave of Absence Without

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

Pay. Authorized leave of absence without pay shall not be construed as a break in service, and rights accrued at the time the leave is granted shall be retained by the employee. However, vacation credits, sick leave credits, holidays, health benefits, and retirement benefits, increases in salary, and other similar benefits shall not accrue to a person granted such leave during the period of absence, unless required by law. An employee returning after an authorized leave of absence without pay shall retain the same status and shall be placed at the same salary step in the pay range currently in effect for the class as the employee received when the leave commenced. Time spent on such leave without pay shall not count toward service for increases within the pay range, and the employee's salary anniversary date shall be set forward a period of time equal to the employee's total absence as adjusted to the beginning of the closest pay period.

12.3 Lay-off and Re-employment

12.3.1 Intent of Procedures. Public interest may require elimination or curtailment of a public service activity which may require the layoff of one (1) or more employee.

12.3.2 Layoff List Preparation Procedure. When a Competitive Service position within a classification is abolished, as provided in Section 2.40.100 of the Concord Municipal Code, the following general procedure shall be followed:

12.3.2.1 Limited service employees, in a classification covered in the Administrative, Technical & Clerical or Field & Operations bargaining units represented by Teamsters Local 856, will be released before an employee in the same classification with provisional, probationary or permanent status.

12.3.2.2 The Human Resources Director shall first prepare a Layoff List of all those Competitive Service employees (including those who are on Leave of Absence Without Pay) and vacancies within the classification in which a reduction in the number of positions is to occur.

12.3.2.3 If the number of positions that would remain in the classification is less than the number of current incumbents, employees shall be listed according to their current status within one of the following categories. Employees listed in Category A shall have the highest retention rights, and persons in Category C shall have the lowest.

Category Employee Status
A Permanent Appointment in the Competitive Service
B Probationary Appointment in the Competitive Service
C Provisional Appointment in the Competitive Service

12.3.2.4 Within the above status categories, employees shall be listed in descending order beginning with the person who has the most

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

continuous service with the City in the classification for which the list is prepared combined with continuous service with the City in classifications the maximum salary range, grade, or flat rate of which is equal to or higher than the classification for which the list is prepared.

Calculations of continuous service for purposes of layoff shall include:

12.3.2.4.1 Time in the same classification under its
present title or prior to its re-titling without a change in salary,

12.3.2.4.2 Time in a higher classification prior to
reclassification to one with a lower maximum salary,

12.3.2.4.3 Time in another classification which has
the same maximum salary,

12.3.2.4.4 Any paid leave of absence for which the
City issued a payroll check,

12.3.2.4.5 Any AUTHORIZED LEAVE OF ABSENCE
WITHOUT PAY for 30 or less calendar days, and

12.3.2.4.6 Any AUTHORIZED LEAVE OF ABSENCE
WITHOUT PAY for 365 or less calendar days due to
Military Leave, illness, injury, pregnancy, or post delivery care of child.

12.3.2.5 Calculations of continuous service for any class for purposes of layoff shall not include:

12.3.2.5.1 An employee's time in a previous
classification the salary of which has a lower maximum, and

12.3.2.5.2 Any periods of AUTHORIZED LEAVES OF
ABSENCE WITHOUT PAY for periods which exceed those
specified in Sections 12.3.2.4.5 and 12.3.2.4.6 above.

12.3.2.6 Tie Breakers. If employees have identical periods of service within the same status category of the class, the following criteria shall be used in the order listed to determine which employee would be listed higher on the list:

12.3.2.6.1 Total continuous Competitive Service
and Exempt Service time,

12.3.2.6.2 Total continuous service including
Competitive Service, Exempt Service, and elapsed
Limited Service time, or

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City of Concord ~ and ~ ATC and F&O

12.3.2.6.3 The lowest last four digits of the
employee's Social Security number.

12.3.2.7 Employees Subject to Layoff. The employee(s) listed at the bottom of the lists in the lowest status categories in which names appear shall be subject to layoff from that classification.

12.3.3 Displacement (Retreat) List Preparation Procedure. In the event that the employee, who has been found to be subject to layoff, held permanent status in or was employed in another class during the employee’s period of continuous City service, the Human Resources Director shall prepare another Layoff List for that other class. Such list shall be prepared using the same methods for calculating service time and breaking ties described above.

This Displacement Procedure shall be followed in succession for as many times and classifications as necessary to identify the employee who is subject to layoff.

12.3.4 Displacement (Retreat) Paths. An employee, who is subject to layoff and who chooses to exercise retreat rights, exercises those rights in reverse sequence of appointments held in the Competitive Service during his or her period of continuous service, except that no employee shall have the right to retreat to a classification which currently has a higher maximum salary than the employee’s present classification. Further, if a classification to which the employee has retreat rights has been abolished or is inactive (contains no authorized positions), the employee may retreat to the next existing active classification in the Competitive Service in which he or she held a permanent appointment and the employee will be credited with the amount of service time the employee had in the terminated or inactive classification.

12.3.4.1 If a Competitive Service position is eliminated and the employee subject to layoff previously held an appointment to a full-time position in the Exempt Service, that employee would not have displacement (retreat) rights into the Exempt Service, but only would have displacement rights to a position in a Competitive Service classification if the employee held permanent status in that class prior to the Exempt Service appointment. The calculation of that person's service time would include the time spent in the Exempt Service appointment if the maximum salary of the Exempt Service classification is equal to or higher than that of the Competitive Service class to which the employee is retreating.

12.3.4.2 If an Exempt Service position is eliminated, and the incumbent had held permanent status in the Competitive Service prior to accepting a position in the Exempt Service, the incumbent would have displacement (retreat) rights to the previously held Competitive Service classification if it is to a classification that has a maximum salary that is equal to or lower than the employee's present classification.

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City of Concord ~ and ~ ATC and F&O

12.3.4.3 Any person qualifying under the Displacement Procedure above shall be deemed to have held an appointment to the Clerical Trainee, Technical Trainee, or any new entry level classification within the employee's occupational field established after January 1, 1979, provided the person meets the qualifications of that classification. In case of dispute the Personnel Board shall determine occupational field or qualifications of an incumbent.

12.3.5 Demotion or Transfer in Lieu of Layoff. An employee subject to layoff under provisions of this Section may request demotion or transfer to a vacant position in any classification for which the Human Resources Director deems the employee qualified. In such cases, the provisions of Section 12.2.3 and
Section 12.2.5.1 of this MOU shall apply as applicable. Qualified demotions or transfers to vacant positions will have priority over other applicants for vacant positions.

12.3.6 Official Notice of Layoff. Official Notice of Layoff shall be issued by the City Manager and shall:

12.3.6.1 Specify the date on which an employee is due to be laid off, such date to be a minimum of 10 working days following the date the notice is issued.

12.3.6.2 Cite the employee's right to re-employment, if any, and indicate the date on which the right expires.

12.3.6.3 Advise the employee of any available layoff assistance and referral services provided by the City.

12.3.6.4 Advise the employee that requests for paid time off to participate in employment interviews with other employers will be considered by the employee’s supervisor, subject to the needs of the service.

12.3.6.5 Advise the employee of displacement rights, if any, including the department, classification, and salary rate to which the employee would be assigned if the right is exercised.

12.3.6.6 Specify the date and time by which the Human Resources Director must receive the employee’s written response exercising or declining to exercise rights under the displacement procedure, such date not to exceed five (5) working days following the date the official Notice of Layoff is issued.

12.3.6.7 Advise the employee that, lacking a clear response from the employee within five (5) working days, the employee will be designated for layoff, and that any rights under the displacement procedure shall be

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deemed to have been forfeited.

12.3.7 Re-employment Lists

12.3.7.1 Eligibility For Placement. A Re-employment List for any class shall consist of the names of employees who have permanent status in that class and who either have been laid off after issuance of an official Notice of Layoff, or, in lieu of layoff, have been demoted, transferred, or have resigned from a position in the same class prior to the effective date of their layoff.

12.3.7.2 Order of Names. All names shall be placed on the Reemployment List in reverse order of the designated date of layoff. That is, the employee who was most recently laid off, or who demoted, transferred, or resigned in lieu of layoff, shall be placed highest on the list. Employees whose positions have been reclassified to a class having a lower maximum salary, but who have not been demoted for cause, shall have their names placed on the Re-employment List in order of their service in the class from which their position was reclassified.

12.3.7.3 Duration. Names shall remain on a Re-employment List for no more than two (2) years from the date of layoff; demotion, transfer, or resignation in lieu of layoff; or the reclassification of the position to a class having a lower maximum salary.

12.3.7.4 Certification. As provided in Personnel Rules Section

8.9, Re- employment Lists shall be given priority in Certifications to fill positions, subject only to the following provisions:

12.3.7.4.1 If an incumbent is reclassified with findings that an examination is required and an employment list is created from an examination that includes the incumbent, the appointing authority shall consider only the incumbent from that list and those on the Re-employment List for
appointment. Individuals on the Re- employment List shall have equal, but no greater, consideration than the
incumbent. If the employment list does not include the
incumbent, the appointing authority shall consider only those on the Re-employment List.

12.3.7.4.2 No Re-employment, Reinstatement, Open,
or Promotional Employment List shall be certified as a
result of the reclassification of an incumbent with status.

12.3.7.4.3 If a Re-employment list exists for the class, the highest name on such list shall be certified when a vacancy is to be filled. If more than one vacancy is to be filled, then one more of the highest names shall be certified for each vacancy. In the event that employees on the RePage 135 of 200 Memorandum of Understanding between the
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employment list have the same designated date of layoff, ties shall be broken using the tie breaker criteria specified in Sections 15.251 through 15.253 of the Personnel Rules. The principles governing availability of eligible employees and the removal of names from Re-employment lists shall be as provided in Sections 8.6 through 8.76 of the Personnel
Rules.

12.3.7.5 Restoration of Names of Laid off Employees to
Employment Lists. The names of probationary employees who are laid off, or demoted in lieu of layoff, shall be restored to the same eligibility block on the employment list from which the original appointment was made.

12.3.8 Actions Upon Re-employment When an employee is selected from a Re- employment List, the employee shall:

12.3.8.1 Resume permanent status in that class and no further probationary period for that classification shall be required;

12.3.8.2 Be placed at the same salary step in effect on the date of separation from employment per Section 7.3.4 of this MOU.

12.3.8.3 Resume accrual of vacation at the accrual rate for applicable years of service in effect on the date of separation from employment, and

12.3.8.4 Have the sick leave balance restored to the number of hours available on the date of separation from employment.

12.4 Loss of Employment Status
Unauthorized Absence - Automatic Termination. Any employee absent for more than five (5) working days without prior permission of the appointing authority may be considered to have automatically terminated employment with the City. Such termination shall be final and without right of appeal or hearing unless said employee furnishes reasons satisfactory to the appointing authority for not having obtained prior permission.

13. Contracting Out
The City will agree to meet and confer with the Union when an employee is adversely affected by a City decision to contract out work normally performed by such employee.

14. Leaves of Absence

14.1 Sick Leave
Employees will accrue sick leave the rate of 3.692 hours credited at the end of each

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full bi-weekly pay period during which such an employee receives at least 56 hours of straight-time pay. No sick leave credit shall accrue to an employee who receives less than 56 hours straight-time pay for the bi-weekly pay period. Such straighttime pay may consist of pay for regular hours worked, pay for approved vacation, sick leave, compensatory time off, an observed holiday, jury duty, and/or City pay for military leave. Overtime hours worked and/or any authorized leave of absence without pay shall not apply toward the accrual of sick leave. Sick leave may be accumulated without limit.

14.1.1 Sick leave shall be available to employees as it accrues at the end of each pay period following date of eligible employment.

14.1.2 One-fourth (1/4) of an employee’s unused sick leave, up to a maximum of 200 hours, may be converted to pay upon retirement, or upon termination if eligible for retirement.

14.1.3 Sick leave applies to absences during pregnancy that are caused by either illness due to pregnancy or the attending physician’s order that the employee cease work. If the employee is ordered to cease work, the employee shall be allowed to use any available sick leave, vacation, or compensatory time, and authorized leave of absence without pay for the period commencing with cessation of work to the date released to return to work by the attending physician. The use of additional vacation or compensatory time off to extend the period of paid leave is at the discretion of the appointing authority in accordance with the provisions of the Family Medical Leave Policy, Policy & Procedure No. 77. An extension of authorized leave of absence without pay shall be in accordance with Section 16 of the Personnel Rules.

14.1.4 Use of Sick Leave. An eligible employee can only be granted sick leave with pay upon recommendation of the appointing authority for the following and/or for any reason permitted by law:

14.1.4.1 In the case of a bona fide illness of the employee.

14.1.4.2 In the event of the serious illness or death of a member of the employee's immediate family including a designated person, subject to the limitations identified below.

For purposes of this section, immediate family is defined as the employee's spouse, registered domestic partner, parent, parent-in-law, brother, sistersibling, child (including legally adopted child), grandparent, grandparent-in-law, or any or either of them; and if living within the employee's home, grandchild, designated person, which is defined as any individual related by blood or whose association with the employee is the equivalent of a family relationship (the employee may identify one designated person per 12-month period at the time the employee requests the leave)..

14.1.4.3 In the event a scheduled medical or dental appointment

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for the eligible employee, the employee's spouse, the employee’s registered domestic partner, or the employee's dependent children that requires the employee's absence from work.

14.1.5 Augmentation of Temporary Disability Indemnity. When a City employee is receiving temporary disability indemnity under applicable Workers' Compensation provisions of the State Labor Code, the City shall augment that indemnity to provide the employee with the equivalent of full salary payment during the first 60 days of disability. The waiting period for short term disability insurance shall be 30 days. The waiting period for long term disability insurance shall be 90 days. Employees on disability will be allowed to convert vacation or compensatory time leave to pay for health insurance to the extent allowed by law.

14.1.6 Limitations

14.1.6.1 Not more than eighty (80) work hours of sick leave within any calendar year may be granted to an employee to care or attend to the members of the employee's immediate family.

14.1.6.2 Not more than eighty (80) work hours of sick leave within any calendar year may be granted to an employee due to death of a member of the employee's immediate family or death of a parent-in-law or grandparents of employee or spouse.

14.1.6.314.1.6.2 Sick leave shall not be used in lieu of or in addition to vacation.

14.1.6.414.1.6.3 If an employee is on sick leave on the day the City observes a holiday, that day shall not be counted as a day of sick leave.

14.1.6.514.1.6.4 If an employee's request for use of sick leave would otherwise be approved, but there is no sick leave balance available for use, then the absence shall be charged to whatever vacation or compensatory time balance the employee may have. If there are no such balances available, then the time off shall be recorded as authorized leave of absence without pay.

14.1.6.614.1.6.5 If the employee's request for use of sick leave does not qualify under these provisions for sick leave, then the absence may be charged by the employee's supervisor or the appointing authority to whatever vacation or compensatory time balance the employee may have. If there are no such balances available, then the time off may be recorded as either “Authorized Leave of Absence Without Pay” or “Unauthorized Leave of Absence Without Pay”.

14.1.6.714.1.6.6 Misuse of sick leave may be cause for
disciplinary action, including possible discharge.

14.1.6.814.1.6.7 Lack of proper notification or lack of evidence of

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illness or injury, or due to limitations set forth in Section 14.1.6, may be cause for denial of the use of sick leave.

14.1.6.914.1.6.8 The employee's supervisor, appointing authority, or the Human Resources Director may require the employee to provide a physician's certificate, or other similar evidence, to support the reason for an absence for which sick leave was requested.

14.1.6.1014.1.6.9 The employee's supervisor, appointing authority, or the Human Resources Director may require an employee, who is absent from work for a period of seven (7) consecutive calendar days due to illness or accident, to submit to a physical examination at City expense before return to active duty.

14.1.7 Termination of Service. An employee who is terminated, except when eligible for retirement or when caused by layoff for lack of work or funds, shall forfeit all sick leave accrued at the time of termination. Forfeited sick leave shall not be reinstated upon re-employment with the City. Employees who retire or who are eligible for retirement upon termination, will be paid for one-fourth (1/4) of their unused sick leave balance not to exceed 200 hours.

14.1.8 Proper Notification. Each employee shall provide, or make a reasonably diligent effort to provide, notice of absence to the immediate supervisor or the supervisor's office (or to such person clearly designated by the immediate supervisor) within the first hour of the employee's work shift on the initial workday that sick leave is being requested. The appointing authority, however, may establish an earlier notification time that is to be observed by the employee.

14.1.9 Health Examination. Time off for medical examinations required for duty assignment licensing may be charged to any of the accumulated leave balances including sick leave. The costs charged for such medical examinations shall be paid by the City if not provided by the health plan coverage elected by the employee. Any medical examination required and paid for by the City shall remain confidential, except the employee will be entitled to a copy of all test results and conclusions upon request.

14.2 Bereavement Leave
An employee will be entitled to a maximum of four (4) days of bereavement leave to attend a funeral in the State of California or a maximum of five (5) paid days of bereavement leave to attend a funeral outside the State of California due to the death of an employee’s immediate family member. For purposes of this section, the term "family member" means spouse or a child, child-in-law, parent, parent-in-law, sibling, grandparent, grandchild grandchild-in-law, or domestic partner as defined by California Government Code 12945.2. or death of a parent-in-law, grandparents, or grandchildren of the employee or the employee’s spouse.

Days of bereavement leave need not be consecutive but shall be completed within three months of the date of death of the family member. If requested by an

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employee, the H.R. Director may extend the use period to a total of up to six months on a case-by-case basis for good cause. An example of good cause would be the pandemic related delays in burials, funerals and cremations.

If requested by the City, the employee, within thirty (30) days of the first day of leave, shall provide documentation of the death of the family member. As used in this section, "documentation" includes, but is not limited to, a death certificate, a published obituary, or a written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency.

Son-in-law and daughter-in-law shall be included in the definition of immediate family for purposes of Bereavement Leave. Employees may use sick leave in accordance with this section for the death of grandparents in-law and grandchildren in-law.

15. Authorized Leave of Absence Without Pay

15.1 Personal Leave
An employee shall not be entitled to a leave of absence as a matter of right, but upon request may be granted a leave of absence without pay upon good and sufficient reason. The granting or denial of such leave shall not be subject to the grievance or complaint procedure.

15.1.1 Authorization for Personal Leave of Absence Without Pay. An employee's request for leave of absence without pay may be granted by the appointing authority for a period of up to five (5) working days. Upon recommendation of the appointing authority and the Director of Human Resources, requests for leaves of absence without pay for periods greater than five (5) days, but for no more than two (2) years, may be granted by the City Manager.

An employee must use all accrued paid leave prior to being placed on authorized leave without pay. The denial by the City Manager of an unpaid leave of absence request may be appealed to the Personnel Board.

15.1.2 Early Return from Authorized Leave of Absence Without Pay. An employee may request permission from the appointing authority to return from an authorized leave of absence prior to the expiration of such leave. Such a request may be granted at the discretion of the appointment authority.

15.1.3 Failure to Return from Authorized Leave of Absence Without Pay.

Failure of an employee to return to employment upon the termination of any authorized leave of absence shall constitute a separation from service of that employee, unless such leave is extended by the appropriate authority as specified in Section 15.1.1.

15.2 Authorized Leave of Absence Without Pay for Military Duty

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Nothing herein shall limit or prevent the City Manager (or designee) from granting a leave of absence without pay for an indefinite period of time to any employee who is called into active military service. Such a leave of absence may be granted by the City Manager or designee to an employee who volunteers or enlists for active military service. Leave of absence without pay shall be automatically terminated for those who voluntarily extend or accept extension of their military service period.

15.2.1 Return from Authorized Leave of Absence Without Pay for Military Duty. Not withstanding provision of Section 16.7 of the Personnel Rules, the applicable sections of the California Military and Veteran's Code shall apply in determining benefits for those employees returning from an authorized leave of absence without pay for military duty.

15.3 Authorized Leave of Absence Without Pay for Job Injury The City Manager (or designee) may grant a leave of absence without pay for an indefinite period of time to any employee who is disabled by job injury or illness.

After engaging with an employee in the interactive process, such leave may be terminated by the City Manager when he/she determines to his/her satisfaction that the employee is permanently disabled and unable to perform the duties of the class.

15.4 Family Care Leave
Family care leave shall be as mandated by State and federal law, provided that the specific family care leave provisions of this agreement shall not be reduced during the term of this Memorandum of Understanding.

15.5 Catastrophic Leave
A voluntary employee leave donation program has been established as provided in the Catastrophic Leave Policy.

15.6 Union Business (Release Time)
The Union may designate, within each Fiscal Year, two employees from each Representation Unit who will be granted by their Department Head(s) up to three workdays Authorized Leave Without Pay to participate in Union training seminars or scheduled conferences. If the demands of the service will not permit the absence of the employee(s) for the date(s) indicated, the Department Head shall have the discretion to deny the request and to advise the Union to designate an alternate whose absence would not seriously disrupt City operations.

16. Jury Duty
The City of Concord will provide Jury Duty leave with pay for those employees called or selected to serve for Court Jury Duty according to the following provisions:

16.1 An employee called for Jury Duty shall immediately notify the immediate supervisor and the Department Head by providing the Jury Summons indicating the date, time,

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and place.

16.2 An employee serving on Jury Duty may remain in a regular pay status and turn over to the City Jury Duty fees received (other than a mileage or transportation allowance), or an employee may take vacation leave, compensatory leave, or leave without pay and retain all Jury Duty fees and allowances.

16.3 Employees remaining in regular pay status shall immediately pay to the City's Finance Department, through their Department Head, the full amounts received for Jury Duty fees.

16.4 An employee called for Jury Duty shall report for work each day before Jury Duty begins if there is a reasonable amount of time. On workdays when Jury Duty is completed early, the employee shall return to the job and work the remainder of the normal shift if there is a reasonable amount of time.

16.5 The employee shall submit a Certificate of Jury Service to the Payroll office upon returning to work.

17. Discipline

17.1 Cause of Disciplinary Action
Disciplinary measures may be taken for any good and sufficient cause. Cause for disciplinary action shall include:

17.1.1 Fraud in securing appointment or falsification concerning records, fellow employees, or work performed.

17.1.2 Incompetency or inefficiency.

17.1.3 Inexcusable neglect of duty.

17.1.4 Insubordination.

17.1.5 Willful disobedience.

17.1.6 Endangering self or others, or failure to follow adopted safety practices, or failure to properly use required personal protective gear or equipment.

17.1.7 Being under the influence of alcohol or any controlled substances while on duty; including but not limited to drunkenness on duty or intoxication on duty.

17.1.8 Illegal use of narcotics or drugs or use to the detriment of work performance.

17.1.9 Dishonesty or immorality.

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17.1.10 Conviction by any state or by the Federal Government for a crime, the punishment for which could have been imprisonment in a federal penitentiary or a state prison; or conviction of any crime involving moral turpitude.

17.1.11 Unauthorized absence without leave.

17.1.12 Discourteous or non-cooperative treatment of the public or other employees.

17.1.13 Misuse of or misappropriation of City property or funds.

17.1.14 Improper political activity as defined in Section 2.40.180 of the Municipal Code.

17.1.15 Failure to abide by any condition of employment stipulated in the Personnel Ordinance; Personnel Rules, any personnel Policy & Procedure, Administrative Directive or Memorandum of Understanding used in the establishment and maintenance of the City's personnel program; or by formal action of the Council or Board.

17.1.16 Failure to meet financial obligations to the extent that this leads to repeated attachment or garnishment of wages.

17.1.17 Acceptance of gifts or gratuities for favors or services performed during the course of City employment or due to City employment.

17.1.18 No City-owned, leased, or rented equipment, autos, trucks, instruments, tools, supplies, machines, or any other item which is the property of the City shall be used by any City employee while said employee is engaged in any outside employment or activity for compensation or otherwise for personal use, except upon prior authorization of the City Manager. Further, no City employee shall allow any person to rent, borrow, or use any of the items mentioned, except upon prior authorization of the City Manager.

Violations and Penalties. Any violation of these provisions respecting use of City property shall constitute sufficient grounds for disciplinary action, including immediate dismissal of the employee from the City service.

17.1.19 Any other acts or omissions which are incompatible with or unfavorable to the public service.

17.1.20 Consuming, purchasing, or transporting any alcoholic beverages or illegal substances, or abusing the use of controlled substances during any portion of the paid duty time. This includes all coffee breaks, unpaid lunch breaks and during any overtime hours worked. The consumption of alcoholic beverages or illegal substances during unpaid lunch breaks is likewise prohibited.

Note: The Union's agreement to prohibit consuming alcoholic beverages or illegal substances during unpaid lunch breaks was conditioned upon implementation of the same policy for managers and professionals as well as the ATC/F&O units. That

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condition has been fulfilled.

17.2 Extent of Disciplinary Actions
The extent of the disciplinary action taken shall be commensurate with the offense, provided that the prior employment history of the employee may also be considered pertinent. The disciplinary actions that may be taken are written reprimand, suspension without pay, reduction in step within range, demotion without consent, dismissal, or any appropriate combination of these.

17.2.1 Warning Notice is an informal procedure used by a supervisor to caution an employee and is not an official disciplinary action. The warning notice may be issued verbally or in writing. If the notice is presented in writing, the form titled “Employee Discussion Record” (Form PER 30) shall be used, and it shall be retained within the employee's department and purged after one (1) year if the situation corrects itself. In using this procedure, a written warning is not to be forwarded to the Human Resources Director for filing in the employee's official personnel file. Warning notices are not subject to either the grievance procedure or discipline appeal process; however, they may be considered as pertinent evidence or information in any hearing resulting from any subsequent official action taken.

17.2.2 Written Reprimand as a disciplinary action means official notification to the employee that there is cause for dissatisfaction with the employee’s services and that further disciplinary measures may be taken if said cause is not corrected.

Written reprimands shall be given in the manner and on forms prescribed or accepted by the Human Resources Director. Written reprimands shall be made a part of the employee’s official personnel records and may be considered as pertinent evidence or information in any hearing. Written reprimands are not subject to the discipline appeal procedure, but may be subject to the grievance procedure.

17.2.3 Suspension without pay shall be a temporary separation from City service not to exceed thirty (30) consecutive days.

17.2.4 Reduction in Step within range as a disciplinary measure is the withdrawal of step advancements granted for merit, efficiency, and length of service. Reduction in pay shall become effective on the effective date of the disciplinary action. Reduction may be made on permanent or temporary basis.

17.2.5 Demotion without consent as a disciplinary action shall be a reduction in classification to a classification having a lower maximum salary with reduction in salary in accordance with Section 7.3.8.1. Demotion without consent may be made to the classification having the lowest maximum salary in the classification series or a classification series comparable to that within which the employee's position is located. Demotion may be made on a permanent or temporary basis.

17.2.6 Dismissal means the termination of an employee from the City service.

17.3 Authority for Disciplinary Actions

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The appointing authority shall have authority to take disciplinary action, provided also that the appointing authority shall delegate to subordinate supervisory employees the authority to make immediate suspensions in emergency situations.

The duration of such suspensions may not be stipulated, however, except by the appointing authority. The Human Resources Director shall be notified of any contemplated disciplinary action prior to the time it is taken, provided that in emergency situations or other instances when prior notification is not practicable, the Human Resources Director may be notified as soon as possible subsequent to the time the action is taken.

17.4 Notice to Employees
Before taking any of the disciplinary actions specified in Section 17.2 of the MOU against any employee who has passed a probationary period for a position in the City's Competitive Service, the City shall cause to be served, personally or by certified mail, to the employee, with a copy sent to the Union, a “Notice of Intent to Take Disciplinary Action”. Such notice shall contain:

17.4.1 A statement describing the proposed disciplinary action.

17.4.2 A reference to the rule or standard violated.

17.4.3 A summary of the facts, including acts or omissions, which substantiate that the rule or standard was violated.

17.4.4 A statement that the employee may review and request copies of materials upon which the proposed disciplinary action is based.

17.4.5 A statement that the employee upon whom such Notice of Intent to take Disciplinary Action has been served shall have at least five (5) working days from the receipt of the notice to respond to the City, either orally or in writing, before the proposed action is taken.

17.4.6 A statement that failure to respond to the notice will be regarded as a waiver of the employee's subsequent right to respond to the notice.

17.5 Employee Response
Upon the employee’s request, and for cause acceptable to the appointing authority, the City may extend the period for submitting a response. The City shall confirm such extension in writing. If the employee's response is not received within the period specified in the original Notice of Intent, or within an authorized extension period, any subsequent right to respond shall be forfeited.

17.6 Order of Disciplinary Action
At the expiration of the response period, and after consideration of the employee’s response, if any, the appointing authority shall determine if disciplinary action is warranted. If so, a written notice, including specific charges as to offense and the

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time, place, and circumstances of such offense shall be made to the employee at the time when any disciplinary action is made effective, provided that in emergency situations or other instances when simultaneous notification is not practicable, written notification may be given the following normal City working day. Said notice shall, whenever possible, be made in the form prescribed by the Human Resources Director and copies shall be submitted to the Human Resources Director for the employee's official personnel record.

17.7 Effective Date
A disciplinary action shall be effective as of the time designated by the person or persons authorizing the action, provided that no disciplinary action shall be recorded with an effective date which is prior to the date such action is taken. In addition, except for suspensions under emergency situations, the effective date shall not be earlier than the date of the notice of Order of Disciplinary Action.

17.8 Right of Appeal
An employee who has been suspended, demoted, dismissed, or whose pay step is reduced in the pay range shall be entitled to request a hearing as set forth below.

Written reprimands shall not be subject to the discipline appeal process, but may be subject to the grievance procedure as provided in Section 18.

17.9 Employee Representative
At any step in the discipline appeal procedure, the employee concerned will be represented by the Union or, alternatively, may elect self-representation. In either case, the employee concerned shall be personally present at all stages unless that employee specifically waives the right in writing.

17.10 Appeal Procedure
The following procedure shall be used in the appeal process:

17.10.1 Protest. Within seven (7) working days of the receipt of written notice of Order of Disciplinary Action, the disciplined employee may protest the disciplinary action. Such protest shall be in writing and given to the Human Resources Director.

17.10.2 Hearing. The Human Resources Director, within seven (7) working days of the receipt of such an employee's protest, shall initiate arrangements to hold a hearing between the City Manager or designee and the employee.

17.10.3 Specification of Intent. The City Manager or designee shall consider the disciplined employee's protest presentation and any other pertinent information that may be forthcoming during the hearing. Within seven (7) working days subsequent to such hearing the City Manager or designee may revoke, modify, or affirm the initial disciplinary action and shall notify the employee, in writing, of the intended action, together with any further relevant information. A copy of the

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notice will be sent to the Human Resources Director.

17.10.4 Appeal to Personnel Board or Arbitrator. If the matter has not been settled, the employee may, within seven (7) working days of the receipt of the City Manager’s or designee’s specification of intention, request in writing to the Human Resources Director that an investigation and decision of the matter be made by either, but not both, the Personnel Board or an arbitrator, subject, in cases submitted to arbitration, to the execution in writing of “An Agreement for Arbitration” signed by the employee, the employee's representative (if any), and the City Manager.

17.10.5 Personnel Board. In considering an employee appeal, the Personnel Board shall investigate and hear the appeal and shall make findings and a decision.

The decision of the Personnel Board will have the effect of a judgment.

17.10.6 Arbitrator. The agreement for arbitration will provide that the arbitration decision will have the effect of a judgment. Except as may be otherwise provided herein, the provisions of Title 9, commencing with Section 1280 of the Code of Civil Procedure dealing with arbitration will apply.

The arbitrator shall be selected from among a list of no more than ten (10) names provided by the California State Conciliation Service, the American Arbitration Association, or a similar body mutually agreed to between the parties. After a toss of a coin to decide which party shall move first, the representative of the City and the employee (or the employee's representative) shall alternately strike one name from the list until one name remains and such person shall act as the arbitrator. The next to the last name stricken shall be the alternate arbitrator to serve in the event the first arbitrator is not available. This procedure shall be followed until there is an available arbitrator.

The cost of arbitration, including the incidental expenses of the hearing shall be borne equally by the parties.

17.10.7 Decision - Final and Binding. The decision of the Personnel Board or the arbitrator, whichever is selected, shall be made in writing within ten (10) working days of the close of the investigation and/or hearing; direct the appropriate appointing authority in the disposition of the case; and shall be final and binding upon both parties. The Personnel Board or the arbitrator, whichever is selected, shall be restricted to the interpretation and application of existing policies, rules, directives, or procedures and shall not change existing wage rate schedules or employee benefits.

17.10.7.1 Modification or Revocation. The Personnel Board or the arbitrator, whichever selected, may modify or revoke a disciplinary action based on any of the following guidelines:

17.10.7.1.1There is not evidence to justify the
disciplinary action taken.

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17.10.7.1.2A violation or omission of procedure for
disciplinary action was made, which violation or
omission resulted in prejudice to the employee.

17.10.7.1.3The action taken resulted from political,
religious, or racial bias or prejudice.

17.10.7.1.4The action taken was unreasonable,
capricious, or arbitrary in view of the offense, the
circumstances surrounding the offense, and the past
record of the employee.

17.10.7.2 Reimbursement for Lost Pay. Reimbursement shall be made as directed by the Personnel Board or arbitrator, whichever is selected, to an employee for loss of pay due to a disciplinary action which is subsequently revoked or modified. Such reimbursement pertains to and is confined to the period of time between the date of initial action under Section 17.7 and ending with the date of final decision.

Limitation: No reimbursement shall be made for any portion of the said period during which the employee was not ready, willing, and able to perform the duties of the position (excluding bona fide sick leave).

17.11 Waiver of Steps or Time Limits
Notwithstanding any provision in this section, any time limit or stage of procedure specified in this Section may be waived upon consent of all parties involved.

17.12 No Interruption of Work
During the determination of a discipline appeal herein, there shall be no interruption of scheduled work relating to the discipline appeal, except as provided by Section

17.9. 18. Grievance Procedure

18.1 Definition
A grievance is any dispute which involves the interpretation or application of any provision of this MOU excluding, however, those provisions of this MOU which specifically provide that the decision of any City official shall be final; the interpretation or application of those provisions not being subject to the grievance procedure.

18.2 Employee Representative
At any step in the grievance procedure, the employee concerned will be represented by the Union or, alternatively, may elect self-representation. In either case, the

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employee concerned shall be personally present at all stages unless that employee specifically waives the right in writing.

18.3 Class Actions
In the event more than one employee is directly involved with an issue, the employees may, at any step in the grievance procedure, name one of their members to carry the grievance through the procedure as a class action and be represented by the Union. In a class action grievance, the named employee directly concerned shall be personally present at all stages.

18.4 Parties’ Intent
It is the intent to deal with and settle grievances informally, and at the earliest practical organizational level, and as promptly and fairly as possible. Whenever feasible, grievances will be handled during the regularly scheduled working day hours of the parties involved.

18.5 Procedure

18.5.1 First Step. The employee or employees concerned shall first make efforts to resolve such grievance with their immediate supervisor concerned. The grievance shall be submitted to the supervisor within thirty (30) calendar days following the occurrence of the events on which the grievance is based.

18.5.2 Second Step. If a mutually satisfactory solution of a grievance as specified in the paragraph above is not reached, then within seven (7) days of the discussion with the immediate supervisor, the employee or employees aggrieved may submit the grievance in writing. The grievance shall set forth all of the issues involved; shall be dated and signed by the employee or employees; and shall be submitted to the employee's Department Head. A copy of the written grievance shall be sent to the Director of Human Resources. The Department Head or the person appointed by the Department Head to hear and determine the grievance at this step shall make such investigation of the facts and issues as is required and reach a conclusion at the earliest date consistent with the nature of the investigation and with normal conduct of the department's business. Upon reaching such conclusion, but in any event within seven (7) working days of the receipt of the grievance statement, the Department Head or the person appointed by the Department Head shall reply in writing stating the department's view of the issue involved.

18.5.3 Third Step. If the grievance has not been resolved in the second step, the employee, within seven (7) working days after receiving the department's written reply, shall forward the written grievance to the City Manager or the City Manager's designated representative, who will review the facts and issues and make such further investigation as is necessary and will reach a conclusion at the earliest date consistent with the nature of the investigation and with normal conduct of the City's business. Upon reaching such conclusion, but in any event

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within ten (10) working days of the receipt of the grievance statement, the City Manager or the City Manager's designated representative shall reply in writing to the employee setting forth the City's decision.

18.5.4 Fourth Step. Within seven (7) working days after receiving the City Manager’s written decision, the employee may submit the grievance for consideration by either, but not both, the Personnel Board or an arbitrator, subject, in each grievance submitted to arbitration, to the execution of “An Agreement for Arbitration” signed by the employee, the employee's representative (if any), and the City Manager.

18.5.5 Personnel Board. In considering an employee grievance, the Personnel Board shall hear and investigate the grievance and shall make findings and a decision. The decision of the Personnel Board will have the effect of a judgment.

18.5.6 Arbitrator. The agreement for arbitration will provide that the arbitration decision will have the effect of a judgment. Except as may be otherwise provided herein, provisions of Title 9, commencing with Section 1280 of the Code of Civil Procedure dealing with arbitration, will apply.

The arbitrator shall be selected from among a list of no more than ten (10) names provided by the California State Conciliation Service, the American Arbitration Association, or a similar body mutually agreed to between the parties. After a toss of a coin to decide which party shall move first, the representative of the City and the employee (or the employee's representative) shall alternately strike one name from the list until one name remains and such person shall act as the arbitrator. The next to the last name stricken shall be the alternate arbitrator to serve in the event the first arbitrator is not available. This procedure shall be followed until there is an available arbitrator.

The cost of arbitration, including the incidental expenses of the hearing shall be borne equally by the parties.

18.5.7 Decision - Final and Binding. The decision of the Personnel Board or the arbitrator, whichever is selected, shall be made in writing within ten (10) working days of the close of the investigation and/or hearing, shall direct the appropriate appointing authority in the disposition of the case, and shall be final and binding upon both parties. In each grievance matter, the Personnel Board and the arbitrator shall be restricted to the interpretation and application of existing policies, rules, directives, or procedures and shall not change existing wage rate schedules or employee benefits.

18.6 Waiver of Steps or Time Limits
Notwithstanding any provision in this section, any time limit or stage of procedure specified in this Section may be waived upon consent of all parties involved.

18.7 No Interruption of Work

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During the determination of a grievance herein, there shall be no interruption of scheduled work relating to the grievance, except as provided for in Section 18.2.

19. Complaint Procedure
The following procedure applies to disputes over working conditions where such disputes are not subject to the grievance procedure as specified in Section 18 herein. The employee may be represented by the Union at any step of the procedure.

19.1 The employee shall first attempt to resolve the matter with the employee’s immediate supervisor.

19.2 If the dispute is not resolved, the employee may request that the matter be referred to the Department Head.

19.3 If the employee and the Department Head cannot resolve the dispute, the employee may send a written complaint to the City Manager stating the nature of the complaint and the remedy sought. The City Manager, or designee, shall meet with the parties to the dispute and attempt to resolve it. If the parties cannot agree to a resolution, the City Manager or designee shall render a final decision.

20. Safety and Health

20.1 Safety

20.1.1 Safety Committee. There shall be a City Employee Safety Committee.

Committee members shall designate a chairperson and vice chairperson, one of whom will regularly attend the meetings of the Executive Safety Committee. In order to facilitate the committee's work, its members or alternates will be provided reasonable time to meet without causing overtime compensation or interfering with the needs of the City. The City will notify the Union of Safety Committee vacancies and the Union may make committee appointments after consulting with, and considering the concerns of, the employees' Department Head. The Union shall be entitled to appoint up to two committee members and one alternate for each representation unit. If the Union elects not to make an appointment, the City Manager may.

20.1.2 Safety Glasses. Subject to the following provisions, the City will provide a pair of glasses that conforms to Federal standards as “safety glasses” upon request of the employee or if the employee's supervisor or applicable regulation requires the wearing of such glasses.

20.1.2.1 The City shall provide one pair of safety glasses including safety frame and lenses. If the employee normally wears corrective lenses, the appropriate eye prescription will be at the employee’s expense; the City will pay for grinding the lenses to the specifications prescribed by the employee's eye doctor.

20.1.2.2 To obtain safety glasses, employee shall first contact the

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Human Resources Department to secure the necessary order form.

20.1.2.3 The employee will be responsible for appropriate fitting and verification of correctly ground lenses upon receipt of the safety glasses. If not suitable, the employee shall promptly notify the Human Resources Department.

20.1.2.4 One pair of safety glasses will be repaired or replaced if the prescription changes, or if the glasses are broken or damaged, provided that the defective glasses are returned to the Human Resources Department. One pair means more than one replacement as long as the replacement intervals are reasonable for normal breakage or damage, or changes in the prescription that occur on a normal basis. It is not the intent of the agreement to provide a new pair of glasses annually without a change in prescription.

20.1.2.5 Replacement of lost glasses will be at employee expense, unless the employee's supervisor otherwise recommends, based on evidence that the loss occurred during the performance of work for reasons other than employee carelessness or negligence. Non-glare safety glasses shall be provided to VDT users if the Safety Committee so recommends.

20.1.2.6 Employees not participating in the Safety Glasses Program will have the option of receiving an equal contribution towards the purchase of frames and lenses through a designated vendor as authorized by the Director of the Human Resources Department. Employees may purchase non-safety frames and lenses through a vendor of their choice, however the City’s contribution for reimbursement will be equal to that of the designated vendor used for the Safety Glasses Program. Non-safety Glasses may only be replaced upon furnishing proof of a change in prescription; no more than one pair per year to be replaced on this basis. No provisions for the repair or replacement of non-safety glasses for any other reason, including damage, wear and tear, and loss. The City retains the right to make determinations regarding qualifying expenses.

20.1.3 Toxic Materials. The City shall review practices and procedures for employee handling and storage of toxic materials. Any necessary safety equipment and training will be provided by the City.

20.1.4 Safety Equipment. The City will provide an annual allowance in the amount of reimburse employees up to $300 per year for safety boots that complying with standards established by the Safety Committee. All field employees shall wear approved safety boots. This allowance shall be paid in the first full pay period in July.

20.1.5 Prescription Drugs. The parties agree that the issue of how prescription as well as over the counter drugs are used and regulated for employees is a matter of mutual importance and concern. Supervisors and employees have a

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common responsibility for maintaining safe working conditions. These common responsibilities include a need to be sensitive to the ways in which prescription and over-the-counter drugs may affect work performance and safety. Supervisors also have a responsibility for protecting confidentiality of medical information regarding employees.

20.2 Wellness Program
The City shall maintain a Wellness Program for all City of Concord employees.

20.3 Fit for Duty

20.3.1 The City requires that all employees be capable of performing the essential functions with or without reasonable accommodation of his/her assigned position. The City may require employees be subject to medical examinations which shall be arranged by and conducted at the City's expense to determine fitness for duty.

20.3.2 No employee shall hold any position in a class for which the employee is unable to perform fully the essential duties of such position without hazard to either the employee or others. Within the limitations indicated, and consistent with the provisions of existing Personnel Rules, the City will engage in the interactive process to determine if workplace restrictions can be reasonably accommodated within the employee’s current position or in another available position for which the employee is qualified.

20.4 Stress Management
The parties agree on the importance of continuing to provide stress management awareness and training opportunities.

21. Benefit Plans

21.1 Group Medical Coverage

21.1.1 Active Employees

21.1.1.1 The City shall continue to contract with CalPERS for medical insurance plans for unit employees through the term of this Agreement.

21.1.1.2 The City shall pay 90% of 2016 Kaiser premium at each rate of coverage (Employee Only, Employee plus 1, and Employee plus 2 or more):

Employee only $671.82
Employee + One Dependent $1,343.65
Employee + Two or more Dependents $1,746.74

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21.1.1.3 The parties agree to share seventy-five percent (75%) City and twenty-five percent (25%) employee any future increases (or decreases) in the Kaiser premiums.

The City contribution towards medical premiums shall be calculated as follows: 90% of 2016 Kaiser premium + ((current Kaiser premium – 2016 Kaiser premium)*(.75))
60 days prior to the effective date of the new Kaiser premium rates, as announced by CalPERS, the parties will meet to calculate the City and employee contributions.

21.1.2 Flexible Spending Account (IRC Section 125)
The City shall maintain the current Flexible Spending
Account/Cafeteria Plan (FSA) offered by the City. The FSA will include accounts for dependent care, medical premium co-payments, and medical expenses.

The parties also agree that the City may pay the employer portion of medical premiums (less statutorily mandated PEMHCA contribution) through the FSA. The parties understand that the City’s use of the FSA as a vehicle for its medical contributions would not change the City or employee’s overall contribution to active medical premiums as set forth in this Agreement.

21.1.2.1 As soon as practical, but not later than 90 days from the effective date of the agreement, the City will expand the existing premium conversion arrangement under IRC Section 125 to enable pre-tax contributions for medical insurance only by the City on behalf of participating employees.

21.1.2.2 The City shall make a direct contribution equal to the minimum employer contribution for agencies participating in the Public Employees Medical and Hospital Care Act (PEMHCA) on behalf of each active employee.

21.1.2.3 The City shall make a premium contribution on behalf of each active employee in an amount which, together with the minimum PEMHCA contribution, equals the City contribution calculated in Section 21.1.1. For 20222023, the PEMHCA minimum is $149151. [EXAMPLE: If the PEMHCA minimum contribution is $149151, and the City’s share of premium for Employee Only is
$671.82797.27, then the City will make a direct PEMHCA payment of $149 151and make available $522.82646.27 to the employee under the premium conversion arrangement.]

21.1.2.4 Any employee who has health plan coverage as a result of

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being an eligible dependent of another City employee, or who has health plan coverage as an eligible dependent of a person employed elsewhere, may request that their health plan coverage as an employee of the City be terminated, and that they be paid the amount of the monthly health waiver benefit as follows:
 $639.51 per month for employees participating in the cash-inlieu of health benefits program as of January 1, 2017.  $200 per month for all employees who opt out of health insurance after January 1, 2017.
 The “waiver” benefit shall be capped at these levels.

Employees who opt out of the CalPERS medical plan and receive cashin-lieu of health benefits must provide the following: (1) proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction (“tax family”), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies (“opt out period”); and (2) the employee must sign an attestation that the employee and his/her tax family have or will have such minimum essential coverage for the opt out period. An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year. The opt-out payment cannot be made and the City will not in fact make payment if the employer knows that the employee or tax family member doesn’t have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied. Employees and known dependents who do not provide the annual information required will be enrolled in the lowest cost health plan.

21.1.2.5 Consistent with applicable laws and regulations, each worker may authorize salary deductions for any benefits permitted by law and provided for in the FSA plan document. Those benefits will include:
a. Health insurance in accordance with PERS regulations and Federal law;
b. Child care expenses not otherwise reimbursed by the City; c. Any qualified personal medical, dental and vision care expenses not covered by the City’s plans, including but not limited to deductibles, co-payments, medication and
medical equipment;
d. Commuter Benefits

21.1.3 Retiree Medical Insurance

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Plan Type – Basic Plan (Pre-Medicare)

21.1.3.1 Current employees hired prior to 6/28/2016 and who meet the requirements set forth in this section shall be vested in the flat dollar contribution rates set forth in the chart below. For active employees hired before 6/28/2016 and who work for the City of Concord continuously for five (5) or more years, who retire directly from the City, in accordance with CalPERS and PEMHCA requirements, the City shall reimburse the retirees up to the following amounts determined by the level of coverage selected and plan type:

Plan Types:
 Basic Plan (Pre-Medicare)
 Supplemental Medicare Plan (Retiree and dependent(s) are Medicare eligible)  Combination Plan (when at least one covered party – retiree or dependent are Medicare eligible but at least one of the other covered individuals is not Medicare eligible) Level of Coverage City Monthly Contribution
Single Party Only $671.82
Two-Party $1,343.65
Family $1,746.74
Plan Type – Supplemental Medicare Plan Type (Retiree and dependent(s) are all Medicare eligible) Level of Coverage City Monthly Contribution
Medicare Retiree Only $287.52
Medicare Retiree+1 Medicare Dependent $575.04
Medicare Retiree+2 or more Medicare Dependents $862.56
Plan Type – Combination Plan Type Option 1 (Retiree is Medicare eligible, but dependent(s) are not) Level of Coverage City Monthly Contribution
Medicare Retiree+1 Basic Dependent $937.30
Medicare Retiree+2 or more Basic Dependents $1,321.01
Medicare Retiree+1 Medicare Dependent+1 or more Basic Dependent(s) $974.16 Plan Type – Combination Plan Type Option 2 (Retiree is not Medicare eligible, but one or more dependent(s) are)
Level of Coverage City Monthly Contribution
Basic Retiree+1 Medicare Dependent $937.30
Basic Retiree+2 or more Medicare Dependents $1,235.10
Basic Retiree+1 Basic Dependent+1 or more Medicare Dependent(s) $1,321.01 Retiree contributions will vary based on future changes to health premiums and health plan selected. However, the City contribution shall be capped at the levels listed above.

City contributions to medical premiums shall not exceed

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100% of the premium cost for the applicable level of Kaiser coverage.

21.1.3.2 Employees hired on or after 6/28/2016 and employees hired before 6/28/2016 but who work fewer than five (5) continuous years for the City of Concord shall have no vested right to retiree medical benefits beyond the minimum contribution rate provided by law. However, any employee who retired directly from City of Concord and was eligible for the retirement medical benefit prior to 6/28/2016, but subsequently returns to employment with Concord shall retain his/her eligibility for retirement health benefits pursuant to 21.1.3.1. In addition, any employee who has received a conditional offer of employment with the City prior to 6/28/2016 shall be treated as an active employee on the effective date for purposes of section 21.1.3.1.

21.1.4 Nothing in this agreement shall preclude the City from selecting an alternative health care provider (other than PEMHCA) after the expiration of this agreement, subject to bargaining obligations under state law. However, should the City change health care providers in the future, it shall continue to pay toward retiree health coverage in the amounts set forth in 21.1.3.1.

21.1.5 The City agrees to provide employee and dependent coverage as determined in 21.1.1 above when an employee becomes disabled due to a City of Concord workers' compensation injury. Such coverage shall extend for up to one year from the date of injury or to the date when the employee's disability is determined to be permanent and stationary, whichever comes first.

21.1.6 The parties agree to re-open to meet and confer on regulatory changes related to the Affordable Care Act which arise during the term of this MOU.

21.1.7 Health Care Coverage for Disabled Eligible Employees.

Health care coverage may be extended to disabled Eligible Employees subject to the following sub sections, 21.1.7.1 through

21.1.7.7. 21.1.7.1 Definitions

21.1.7.1.1 “Eligible Employee” means persons employed
full-time by the City of Concord in a regular position in the Competitive Service.

21.1.7.1.2 “Dependent” means the Eligible
Employee's legal spouse, and/or children who are
eligible for coverage under the City provided CALPERS
health plan.

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21.1.7.1.3 “Extended Health Care Coverage” means
continued eligibility to participate in and be covered by the City provided CALPERS health plan after
commencement of Long Term Disability benefits.

21.1.7.1.4 “Individual Coverage” means coverage under
the City provided CALPERS health plan for the disabled
Eligible Employee or the surviving spouse of a disabled Eligible Employee.

21.1.7.1.5 “Residual Balance of Unused Sick Leave”
means all hours of unused sick leave in excess of 800
hours.

21.1.7.2 Eligibility

21.1.7.2.1 Extended health care coverage shall be
limited to those Eligible Employees who become eligible and continue to be eligible to receive benefits under the City of Concord's Long Term Disability Program.

21.1.7.2.2 Participation in extended health care coverage program by a disabled Eligible Employee and/or
dependent(s) shall be voluntary.

21.1.7.2.3 Extended health care conversion coverage will cease on the last day of the month for which Long Term
Disability benefits are payable. Continued enrollment in the CALPERS health plan will be available as a continuation benefit at the employee's expense under standard Leave of Absence provisions.

21.1.7.3 Scope of Extended Health Care Coverage

21.1.7.3.1 Extended health care coverage shall not
include prescription drug programs that are independent of available health plans. Continuation of dental plan coverage is at the entire expense of the eligible employee and is not included under the sick leave conversion provisions of this section.

21.1.7.3.2 Participants in the extended health care
coverage program shall, when eligible, apply for
Medicare Parts A and B and/or other insurance programs
under which there is an entitlement to benefits.

21.1.7.4 Participation/Election Options. Eligible Employees who elect to participate in the extended health care coverage program may choose one of the following options.

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21.1.7.4.1 Option 1. Conversion of Entire Sick Leave
Balance. Convert the entire unused sick leave balance
available at the date coverage commences. The entire unused sick leave balance at the date of retirement may be converted to fully-paid individual health care coverage. The number of unused sick leave hours shall be divided by eight (8) and rounded to the nearest whole number to determine the
number of months of fully-paid health care up to the
CALPERS Kaiser premium amount provided to regular, fulltime employees for Individual Coverage. If the Eligible Employee chooses to have a spouse covered, the number of months of coverage shall be reduced by one-half. Health care coverage for dependents other than a spouse shall be at the sole expense of the Eligible Employee. However, if there is no spouse, one, and only one, dependent child of the Eligible Employee may be designated to receive the spousal coverage. Any premium amount for the selected coverage
which exceeds the CALPERS Kaiser premium shall be paid
by the Eligible Employee to the City. Upon exhausting the period of paid health coverage, the Eligible Employee may elect to continue participation in extended health care coverage by commencing payment as described in Option 3 below.

21.1.7.4.2 Option 2. Conversion of Residual
Balance of Sick Leave. Freeze 800 hours of the unused
sick leave balance available when Long Term Disability
benefits commence. The Residual Balance of Unused Sick
Leave (excess over 800 hours) may be converted to fullypaid extended health care as described under Option 1 above.

At the time of Service Retirement occurring while the
Eligible Employee is eligible to receive benefits from the City's Long Term Disability Program, an Eligible Employee will receive the dollar value of the frozen 800 hours of unused sick leave computed at the rate set forth in Section 14.1.2 above.

21.1.7.4.3 Option 3. Payment for Participation
In lieu of converting any unused sick leave as described in Options 1 and 2 above, the Eligible Employee may choose to participate by paying the entire monthly premium rate for the selected CALPERS coverage to the City by the 10th of each month.

21.1.7.5 Except as provided in Section 21.1.7.4.2 above, if the

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Eligible Employee elects to use any or all of the unused sick leave balance as an option for extended health care coverage, the employee may not at a later date receive any portion of the unused sick leave in cash, even if the employee elects to stop participation in the extended health care coverage program.

21.1.7.6 Death of Disabled Eligible Employee

21.1.7.6.1 Upon the death of a disabled Eligible
Employee's spouse who has been covered under these
conversion provisions, any or all of his or her unused months of fully-paid extended health care coverage will be made available to the disabled Eligible employee.

21.1.7.6.2 Upon the death of the disabled Eligible
Employee, the surviving spouse may continue on extended health care until the number of months originally covered is exhausted.

Upon conclusion of fully-paid coverage, a surviving spouse, until remarriage, may elect to continue to participate in the extended health care coverage program by commencing
payment as described in 21.1.7.4.1 above. Dependent
coverage would be at the sole expense of the surviving
spouse.

21.1.7.6.3 Upon remarriage, a surviving spouse may
continue Individual Coverage in the extended health care coverage by paying the full amount required for such
coverage. Health care coverage for eligible dependent
children of the deceased Eligible Employee would be at the sole expense of the surviving spouse.

21.1.7.6.4 If, under Section 21.1.7.4.1., a dependent child was provided coverage in lieu of the spouse, that dependent child may have access to any remaining months of such fullypaid health care coverage while remaining eligible as a dependent for coverage by the CALPERS health plan. Upon exhaustion of the remaining months, or if the dependent child ceases to meet eligible requirements of the CALPERS health plan, whichever is first, no further participation in extended health care coverage shall be offered.

21.1.7.7 Conversion of Sick Leave to Retirement Service Credit.

Nothing contained in this document affects an Eligible Employee's rights under Section 2809.B.6. of the Retirement Ordinance to convert all unused sick leave to retirement service credit.

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21.2 Dental
The City will maintain current plan for the term of the contract and pay total premium cost for employee and dependents.

21.3 Long Term Disability
Complaints in the administration of the City's Long Term Disability Program shall first be directed to the Human Resources Department. If not resolved, such complaints may be submitted in writing to the City's Retirement Board for consideration.

21.4 Life Insurance
Death Benefit. The death benefit shall be the amount payable under the Group Term Life Insurance Policy.

21.5 Retirement

21.5.1 Retirement Formula:

Bargaining unit employees hired before November 29, 2010 are entitled to retirement benefits under the California Public Employee Retirement System (CalPERS) 2.5% @ 55 retirement formula (Tier I).

Bargaining unit employees hired on or after November 29, 2010, and who are “classic” members as defined by CalPERS, are entitled to retirement benefits under CalPERS 2.0 @ 55 retirement formula (Tier II).

Bargaining unit employees hired on or after January 1, 2013, who are “new members” as defined by CalPERS, are entitled to retirement benefits under the CalPERS 2% @ 62 retirement formula (Tier III).

21.5.2 Employee Contribution Pick up: Bargaining unit employees pay member contributions on a pre-tax basis as follows:

Tier I (2.5% @ 55) 8%
Tier II (2% @ 55) 7%
Tier III (2% @ 62) 50% of Normal Cost as calculated by CalPERS

21.5.3 For purposes of determining retirement benefits for “classic” members, “Final Compensation” shall mean the highest average monthly compensation, including special compensation, paid as a salary to a member during any period of twelve (12) consecutive months during the member’s membership in the PERS Retirement Program and/or the City of Concord Retirement System, as applicable.

Compensation, as herein defined, paid during any period of service under a Reciprocal System shall be considered compensation for purposes of computing Final Compensation in the Concord retirement plan, provided entry into membership

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in one system occurred within three (3) years of discontinuance of employment as a member of the other system.

21.5.3.1 “Final Compensation” for “new members” in the 2% @ 62 retirement formula shall mean the average of pensionable compensation for a 36 consecutive month period of employment.

21.5.4 In addition, full-time employees who retire from the City are eligible for specific retirement awards as detailed in Attachment E.

21.6 Deferred Compensation
Full-time employees shall be eligible to participate voluntarily in the City of Concord Deferred Compensation Plan subject to Internal Revenue Service approval.

21.7 Employee Assistance
The City shall pay for six (6) Employee Assistance Program (E.A.P.) counseling sessions per contract year for each employee and for their eligible dependents.

Coverage ceases on termination of employment. Except for the number of counseling sessions, the Employee Assistance Program shall be at the present level of coverage. If two (2) or more family members are seen together in one session, each would be considered to have used a City-paid session. Costs for more than six (6) sessions for the employee or dependents shall be paid by the employee.

21.8 Tuition Reimbursement

21.8.1 Subject to the following provisions, the City will reimburse employees for expenses incurred for tuition and books required for courses of study providing the following conditions are met.

21.8.1.1 An employee shall obtain advance approval of a course of study or training program by submitting to the Human Resources Director, via channels, a “Request for Tuition Refund” form. This form must be initiated by the employee prior to incurring any expenses. If the course is approved for reimbursement, the Human Resources Director will so indicate by signing the form and returning a copy, through channels, to the employee. If the course is disapproved, the form will be returned as disapproved, through channels, to the employee.

21.8.1.2 The subject matter of the course, training program, or degree shall relate to the employee's work with the City and be designed to improve the employee's job performance.

21.8.1.3 The course shall be conducted by a school accredited by the Western Association of Schools and Colleges, the National Home

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Study Council, or by special permission as determined by the Human Resources Director.

21.8.1.4 The class and study time shall be outside the employee's working hours.

21.8.1.5 The course shall be completed with a grade better than a Cor a certificate of satisfactory completion.

21.8.1.6 Text books or other materials required by the course may be retained by the employee.

21.8.1.7 Upon completion of the course, the employee shall submit the copy of the Request for Tuition Refund form previously approved by the Human Resources Director, along with the receipted bill for tuition and books, and verification of satisfactory completion for the course to the Department Head for further transmittal to the Human Resources Director.

21.8.1.8 The Human Resources Director shall note the satisfactory completion of the course in the employee's service record and forward the approved tuition request to the Finance Department for payment.

21.8.2 Exclusions and Limitations

21.8.2.1 Reimbursement shall not be provided for such
expenses as graduation fees, deferred tuition payment fees, student body fees, binders, note papers, exam blue books, parking fees, miscellaneous supplies, computer hardware and software, and battery-operated or electric calculators.

21.8.2.2 The maximum benefit payable to an employee per fiscal year for attending a school that is privately owned and/or operated shall not exceed
$600. No such limits shall apply to schools that are publicly owned and/or operated.

21.8.2.3 This policy shall not apply to any course or program conducted by an educational institution through a contractual relationship with any type of “Educational Broker” similar to those listed in Attachment D and further described in the report Educational Brokering in California Digest as published by the California Postsecondary Education Commission, April 27, 1977. Further, the City shall neither approve, recognize, nor reimburse any “Life Experience” credits that may be granted by any educational institution. Also, the City shall not reimburse under the Tuition Refund Program for any and all courses given by an educational

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institution, school or service that leads to a degree which includes credit for “prior learning experiences” that is not classroom related; regardless of the fact that the institution or school has been accredited by the Western Association of Schools and Colleges.

22. Uniforms and Work Clothes

22.1 Variations to Uniforms - Refer to Uniform Policy – Public Works Department (Attachment F).

22.2 The[AL3] City shall provide to employees assigned to the Building Inspector and Construction Inspector classes an annual clothing allowance of $350. Such allowance shall be paid in 26 equal installments over the fiscal year, beginning with the first full pay period in July. In the event there is a 27th payroll in the fiscal year, there will be no payment in the last pay period of the year. The purpose of this allowance is for the purchase of a uniform as designated by the Director of Community Development. The wearing and use of such uniform shall conform to the Uniform Policy set by the Director of Community Development.

On a one-time non-precedent setting basis, employees who are CalPERS "classic" members (as defined by CalPERS) who retire in Fiscal Year 2022-23, the City shall restate its uniform allowance reporting to Cal PERS to ensure the $350 paid in the first full pay period in. July 2021 is reported evenly throughout Fiscal Year 2021-22 if the employee provides the City with at least 90 calendar days' notice prior to his/her retirement date. If the employee provides less than 90 calendar days advance notice of his/her retirement date, the City is not obligated to restate its uniform allowance reporting to CalPERS.

The parties agree that for "classic members" (as defined by CalPERS), this is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2. CCR, Section 571(a)(5) as uniform allowance. The parties agree it is ultimately CalPERS who determines whether any form of pay is reportable special compensation.

Inspector classes an annual clothing allowance of $350. Such allowance shall be paid in the first full pay period of July. The purpose of this allowance is for the purchase of a uniform as designated by the Director of Community Development.

The wearing and use of such uniform shall conform to the Uniform Policy set by the Director of Community Development.

22.222.3 The[AL4] City shall provide to employees assigned to the Community Service Officer, Code Enforcement Officer and Forensic Specialist classes an annual clothing allowance of $750. Such allowance shall be paid in 26 equal installments over the fiscal year, beginning with the first full pay period of July. In the event there is a 27th payroll in the fiscal year, there will be no payment in the last pay period of the year. The purpose of this allowance is for the purchase of a uniform as designated by the Chief of Police. The wearing and use of such uniform shall

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

conform to the Uniform Policy set by the Chief of Police.

On a one-time non-precedent setting basis, employees who are CalPERS "classic" members (as defined by CalPERS) who retire in Fiscal Year 2022-23, the City shall restate its uniform allowance reporting to Cal PERS to ensure the $750 paid in the first full pay period in. July 2021 is reported evenly throughout Fiscal Year 2021-22 if the employee provides the City with at least 90 calendar days' notice prior to his/her retirement date. If the employee provides less than 90 calendar days advance notice of his/her retirement date, the City is not obligated to restate its uniform allowance reporting to CalPERS.

The parties agree that for "classic members" (as defined by CalPERS), this is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2. CCR, Section 571(a)(5) as uniform allowance. The parties agree it is ultimately CalPERS who determines whether any form of pay is reportable special compensation.

22.322.4 Work[AL5] Pants. Employees covered by the Public Works Department Uniform Policy (Attachment F) shall receive an annual clothing allowance for work pants in the amount of $240. Such allowance shall be paid in 26 equal installments over the fiscal year, beginning with the first full pay period of July. In the event there is a 27th payroll in the fiscal year, there will be no payment in the last pay period of the year. The purpose of this allowance is stated in the Public Works Department Uniform Policy.

On a one-time non-precedent setting basis, employees who are CalPERS "classic" members (as defined by CalPERS) who retire in Fiscal Year 2022-23, the City shall restate its uniform allowance reporting to Cal PERS to ensure the $240 paid in the first full pay period in. July 2021 is reported evenly throughout Fiscal Year 2021-22 if the employee provides the City with at least 90 calendar days' notice prior to his/her retirement date. If the employee provides less than 90 calendar days advance notice of his/her retirement date, the City is not obligated to restate its uniform allowance reporting to CalPERS.

The parties agree that for "classic members" (as defined by CalPERS), this is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2. CCR, Section 571(a)(5) as uniform allowance. The parties agree it is ultimately CalPERS who determines whether any form of pay is reportable special compensation.

22.422.5 Rain gear and coveralls will be issued as needed in accordance with current OSHA guidelines.

22.522.6 The City may designate store(s) where all or part of the clothing items are to be secured. The quality, style, and color of all items are to be at the discretion of the City. Authorized employees who are to be provided these specific clothing

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

items at City expense shall visit the designated store(s) and initiate transaction on their own off-duty time within five days of being notified to do so by their supervisor to secure such garments that fit properly.

22.622.7 All shirts and jackets shall be issued with the employee’s first name printed or sewn in a visible location (nicknames that are proper names are acceptable, e.g. Jim for James, Rich for Richard, Beth for Elizabeth).

22.722.8 Employees provided City uniforms shall wear the uniforms at all times during the employee's regular working hours unless otherwise directed by the employee's immediate supervisor. Other articles referred to in this Section shall be worn as directed by the supervisor.

22.822.9 City uniforms may be worn directly to and from work. Employees may use locker facilities to change into City uniforms when such facilities are in the area in which they normally report for work. If locker facilities are used, uniforms may be changed before and after normal working hours, or during authorized clean-up time; however, employees are to be in uniform at the normal working time.

22.922.10 The City uniform is not to be worn except when on duty or reporting to or from duty in the service of the City of Concord.

22.1022.11 Employees called for emergency work are not required to change into the City uniform prior to reporting for emergency work.

22.1122.12 The City uniform is to be given the same protective care and consideration as other City property.

22.1222.13 Maintenance and custody of the above clothing items shall be the responsibility of the employee; however, title shall be vested with the City.

22.1322.14 Upon reassignment or termination, the City uniform shall be returned to the issuing department unless otherwise directed by the employee's immediate supervisor.

23. Reimbursement

23.1 Damaged or Lost Personal Property
Subject to the following provisions, claims for damaged or lost personal property of an employee shall be reimbursed, when such damage or loss results directly from the performance of work in the line of duty. Such personal property must have been necessarily worn, used, or carried by the employee in order to adequately fulfill the duties and requirements of the job.

23.1.1 The City will process and review employee claims with the understanding that the burden of proof of damage or loss rests with the employee who shall submit specified evidence of ownership and value.

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

23.1.2 Damage to or loss of personal property occurring in all but the following circumstances shall be eligible for reimbursement:

23.1.2.1 Theft or vandalism.

23.1.2.2 Ordinary wear and tear.

23.1.2.3 Employee carelessness, negligence, or lack of proper care.

23.1.2.4 Events normally encountered or anticipated in the job and subject to the control of the employee.

23.1.2.5 Incidents occurring outside hours actually worked (for example: breaks, meal periods, standby duty).

23.1.3 Employees shall not be eligible for reimbursement for damage to or loss of any personal property for the following:

23.1.3.1 Tools or equipment used without the express approval of the appointing authority.

23.1.3.2 Items not required as part of a uniform or duty equipment such as jewelry.

23.1.3.3 Clothing provided at City cost.

23.1.3.4 Vehicles.

23.1.3.5 Items that have exceeded their normal life expectancy.

23.1.3.6 Items compensable by Workers' Compensation coverage or the employee's insurance.

23.1.4 Following verification of eligibility for payment, reimbursement shall be as prompt as possible. Reimbursement shall be limited as follows:

23.1.4.1 For items that may be repaired, reimbursement is limited to the actual cost to repair the item.

23.1.4.2 For items damaged beyond repair or lost, reimbursement is limited, either to the actual value of the item at the time of loss or damage, or to the original cost, whichever is less.

23.1.4.3 Reimbursement for watches shall be limited to
$50.00. Reimbursement for cash shall be limited to $25.00.

23.1.5 Claims Procedure

23.1.5.1 An employee may submit a claim on a form designated by the City to the employee's supervisor for review within thirty (30)

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

calendar days of the incident which resulted in loss or damage. Claims submitted more than 30 days following the incident may be considered only if the Department Head accepts an explanation for the delay.

23.1.5.2 The employee's supervisor will review the claim and complete that portion designated for supervisory response and forward the claim form to the Department Head.

23.1.5.3 The employee's Department Head will review the claim; add comments as appropriate; and forward to the approving authority.

23.1.5.4 The approving authority will determine whether or not the claim satisfies the criteria specified above. If the criteria are met, the approving authority will provide reimbursement. If a claim does not appear to meet the eligibility criteria, or if the amount of reimbursement appears to be inappropriate, the approving authority will notify the Department Head of the concern prior to notifying the employee. The employee may be requested to provide additional information to substantiate a claim. The approving authority and Department Head may, when appropriate, negotiate reimbursement amounts with the claimant or the claimant’s representative.

23.1.5.5 If a claim is rejected, the employee will be notified of the reason for rejection and may submit additional information and request reconsideration.

23.1.6 Disputes. Disputes regarding either eligibility for reimbursement or the amount of reimbursement may be processed at the Third Step of the Grievance Procedure, Section 18.5.3

23.2 Driver's License
The City shall reimburse the difference between the Class C driver’s license and the Class B or A driver’s license, as applicable, for maintenance employees who are required to possess Class B or A licenses as part of their duties.

23.3 Travel

23.3.1 The City Manager may authorize attendance, travel and reimbursement of all normal and necessary expenses incurred by employees representing the City on official business or at an approved function. The following guidelines shall govern the approval of the City Manager. In areas not specifically covered, the City Manager's decision shall prevail.

23.3.2 The governing factor in authorizing attendance at these functions is the benefit to accrue skills and knowledge for the City as a result of such attendance in relation to the overall expense to the City. All employees will obtain approval of their Department Head and the City Manager prior to incurring

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

City reimbursable expenses when business or function will require them to be away from work for a full day or more, or require overnight absences.

23.3.3 Travel shall be by means most economical to the City of Concord. If travel by air is indicated, coach or economy air travel will be used whenever possible. Travel by private automobile will be authorized in lieu of flying, when it does not necessitate more time away from the job. The total travel cost shall be computed on direct route distances, but in no case shall the expense exceed the round trip cost by air.

23.3.4 No employee shall be authorized mileage allowance for privately-owned vehicle travel in the performance of official business or approved function within the immediate vicinity of Concord, if a City-owned vehicle is available and suitable for such use. When authorized, travel by private automobile will be reimbursed at the prevailing IRS mileage allowance.

23.3.5 When vehicles, either private or City-owned, are provided for authorized travel, employees shall pool rides whenever possible.

23.3.6 While attending approved functions, the burden of responsibility for sound judgment in expending City funds rests on the attending employee. The decision of the City Manager shall be final in cases where conflict of opinions on reimbursement exist.

23.3.7 Reimbursement of costs shall be based on the minimum number of days and hours required to transact City business. Early departures and late arrivals shall be at the employee's own expense except where prior approval of the City Manager is received.

23.3.8 The use of City vehicles shall be limited to official City business and travel reasonably related thereto. Transportation of persons other than employees or official City delegates is authorized by the City Manager only in situations where it relates to City business, such as transportation of spouses to functions where they are registered to attend, and then only when alternative arrangements are impracticable.

23.3.9 Advance requests, receipts, and expense statements are to be submitted to the Finance Director for processing and filing. Processing shall include verification of policy compliance. Receipts are required to be filed for all major expenses when available such as registration, hotel, and travel.

23.3.10 Travel time for mandatory training will be compensated when it occurs outside normal working hours, and less any travel time equivalent to the employee’s normal commute time. Overnight travel will be treated as required by FLSA. Mandatory training will be defined as any training required to maintain legal certification.

24. Personnel Files

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

24.1 It is recognized that the employee's official personnel file is maintained in the City's Human Resources Department under the custody of the Human Resources Director.

All personnel files shall be kept in confidence and shall be available for inspection only to other employees of the City when actually necessary in the proper administration of the affairs of the City or the supervision of the employee.

24.2 Materials in the official personnel files of an employee which may serve as a basis for affecting the employment status of the employee, are to be made available for inspection of the employee involved. Every employee shall have the right to inspect such materials in his or her own file on request. Such review shall take place during normal business hours and the employee shall be released from duty for a reasonable period of time for this purpose without salary deduction. An employee or the employee’s designated representative shall have the right to examine and/or obtain copies of any material from the employee's official personnel file. Written authorization from the employee is required for his or her designated representative to examine and/or obtain copies of any material from the employee's official personnel file, unless the employee is present when the representative requests to examine the file.

24.3 Employees shall be provided with a copy of any letter or commendation received by the City and shall be entitled upon request to have a copy of such placed in their personnel file.

24.4 Information of a derogatory nature shall not be entered into the employee's official personnel file until the employee is given notice and an opportunity to review and comment thereon. All derogatory material other than employee performance evaluations shall be removed from the employee's file upon the employee's request after remaining in the file for a period of three (3) years, so long as no other similar instances have occurred. Such material shall be sealed and retained in a confidential folder and may only be used in conjunction with disciplinary action regarding the employee. An employee shall be notified within 15 working days if such sealed folder is opened.

24.5 An employee shall have the right to grieve the placement of any derogatory material in his or her file.

25. Policies and Procedures
Prior to consideration by the Policy Development & Internal Operations Committee, the City agrees to provide twenty (20) working days notice of any proposed modification, amendment, or consideration of any new Policy or Procedure Statement affecting personnel covered by this MOU. With mutual consent of the parties, this 20-day notice may be waived.

26. Outside Employment

26.1 City employees shall not engage in any employment activity, or enterprise for compensation which is inconsistent, incompatible, or in conflict with, or inimical to their duties as City employees or with the duties, functions, or responsibilities of

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

the employee’s appointing authority or the department in which employed. A City employee shall not perform any work, service, or counsel for compensation outside of such employment where any part of his or her efforts will be subject to approval by any officer, employee, board, or commission of the City, unless otherwise approved in the manner prescribed by Sections 26.2 and 26.3 below.

26.2 Prohibited Activities. Each appointing authority may determine, subject to the concurrence of the City Manager, those outside activities which, for employees under his or her jurisdiction, are inconsistent with, incompatible to, or in conflict with their duties as City employees. An employee's outside employment, activity, or enterprise may be prohibited if it:

26.2.1 Involves the use for private gain or advantage of City time, facilities, equipment, and supplies, or the badge, uniform, prestige, or influence of one's City office or employment; or

26.2.2 Involves receipt or acceptance by the City employee of any money or other consideration from anyone other than the City for the performance of an act which the employee, if not performing such act, would be required or expected to render in the regular course or hours of his or her City employment or as a part of the duties of such a City employee; or

26.2.3 Involves the performance of an act in other than the capacity of the City employee, which act may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement of any other officer or employee of the City to whom the employee reports; or

26.2.4 Involves such time demands as would render performance of his or her duties as a City employee less efficient.

26.3 Authorization. Any employee, wishing to engage in an occupation or outside activity for compensation and having any reason to question whether this activity might come under Sections 26.1 and 26.2 shall inform the appointing authority of such desire, providing information as to the time required and the nature of such activity and such other information as may be required.

26.4 The appointing authority at his or her own initiative, or at the request of the employee, shall make such determination as specified in Section 26.2 and either authorize or prohibit the employee’s outside employment, activity, or enterprise for compensation. Notice of such determination shall be in writing to the employee involved, with a copy forwarded to the Human Resources Director. If authorization is granted, it shall be valid only for the work and period prescribed therein. Such determination of the appointing authority may be subject to the Grievance Procedure as set forth in Section 18.

27. Labor Relations Forum
The City Manager and other management representatives chosen by the City Manager will meet on a bi-monthly basis with two representatives of each bargaining unit and a

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

Teamsters 856 Business Representative to address relevant and timely labor relations issues.

28. Entire Agreement
Except as otherwise specifically provided herein, this MOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties in any and all matters subject to meet and confer.

29. Severability
Should any part of this MOU, or any provision herein contained, be rendered or declared invalid by reason of any existing or subsequently enacted legislation, or by any decree of any court of competent jurisdiction, such invalidation of such part or portions of this MOU shall not invalidate the remaining portions thereof. The remaining portions or parts shall remain in full force and effect. It is mutually agreed that upon such invalidation, the City of Concord and the Union will meet and confer in good faith with reference to that part or provision thus invalidated which affects that particular Certified Employee Organization.

This MOU is subject to all existing State laws and the ordinances, resolutions, and administrative rules of the City except as expressly provided to the contrary by this MOU.

30. Revisions, Amendments, Extensions
Neither party shall be required to negotiate any changes to the terms of this MOU except by mutual agreement.)

31. Term of Agreement
This MOU shall be effective upon ratification by approval of the members of the Union for those portions that apply to their respective Representation Units only and upon approval by the Concord City Council; its effective date shall be as stated upon its adoption by the City Council. The term of this MOU shall be from the effective date until June 30, 20232026.

It is the intention and desire of the parties of this agreement to commence negotiations on a successor to this Memorandum of Understanding by March 15, 20232026.

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

Appendix A

DEFINITIONS
A. All words and terms used in this Memorandum of Understanding and in any other resolution, ordinance, rules or administrative statements dealing with personnel policies, systems, or procedures shall be defined as they are normally and generally defined in the field of personnel administration. For the purpose of convenience, however, the words and terms most commonly used are defined as follows:

1. "Allocation" means the official assignment of an individual position to its appropriate class in accordance with the duties performed and the authority and responsibilities exercised.

2. "Applicant" means any person who has made application for a position.

3. "Appointing Authority" or "Appointing Power" means the Heads of Departments and any other person or group of persons so designated in Section 2.40.140 of the Municipal Code as having the power by law or ordinance to make an appointment to any position in a specified department of the City of Concord.

4. "Appointive Position" means a position in the Exempt Service so designated by Section 2.40.110 of the Municipal Code to which a person may be assigned.

5. "Appointment" means the selection of a person to occupy an authorized position in either the Competitive Service, Exempt Service, or Limited Service.

6. "Board" means the Personnel Board appointed by the City Council in accordance with Section 2.20.310-2.20.340 of the Municipal Code.

7. "Candidate" means any person who has been accepted for participation in an examination.

8. "Certification" means the submittal to an appointing authority of a listing of eligibles from an appropriate employment list, or names of those on a reinstatement or reemployment list.

9. "Certified Employee Organization" means an employee organization that has been certified by the Personnel Board as representing the majority of the eligible employees in an appropriately designated employee representation unit and shall be considered to represent all the employees of that unit, except for those employees who may wish to represent themselves individually.

10. "City" means the City of Concord, California.

11. "Civil Service" means employment with a public agency.

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

12. "Class" or "Classification" means a category into which is placed a position or group of positions with duties and responsibilities so similar that the same descriptive title, example of duties, recruiting standards, and salary can be applied with equity.

13. "Class Series" means two or more classification levels which have similar duties and responsibilities, but are distinguished from each other by degree of difficulty or level of responsibility.

14. "Classification Specification" means a written description of a classification.

15. "Classification Plan" means the list of class titles, class code numbers, a written classification specification for each class of positions as adopted by resolution of the City Council.

16. "Classified Service" means all positions in the City service, except Elective Offices, Special Positions, the City Manager, City Attorney, Assistant City Attorney, and all Heads of Departments.

17. "Compensation" means the salary, wage, allowances, and all other forms of valuable consideration earned by or paid to any employee by reason of said service in any position, but does not include any allowances authorized and incurred as incidents of employment.

18. "Competitive Examination" means one or more selection procedures used to assess the relative qualifications of a group of applicants or candidates.

19. "Competitive Service" means all regular full-time positions in the City service to which appointments are to be made from an employment list, but does not include those designated as elective, appointive, special, temporary, part-time, project, student, or seasonal positions.

20. "Continuous Examination" means a competitive examination or a particular class which is designed to be either open or promotional, or both; and the examination consists of the same or comparable tests of fitness which may be administered periodically; and as a result of which names of eligibles may be added to an existing employment list for the duration of such list.

21. "Continuous Service" means service without an authorized break or interruption during the period for which the employee has been employed by the City. A break or interruption in continuous service shall be construed as a deliberate severance of employment initiated by either the City or the employee for periods of more than fifteen (15) working days.

22. "Council" means the duly elected City Council of the City of Concord, California.

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

23. "Days" means work days the City's administrative offices are open, unless otherwise designated.

24. "Demotion" means the movement of an employee from one class to another class having a lower maximum salary.

25. "Department" means an organizational unit with responsibility for carrying out a function under the supervision of a Department Head.

26. "Department Head" means the head of an established office or department having supervision of such department and office and also includes elected officials.

27. "Dismissal" means the involuntary termination of an employee from the City service for disciplinary reasons.

28. "Eligible" means a person whose name is on an employment list established by competitive examination.

29. "Employment List" means a list of names of persons who may be considered for employment with the City under specific conditions. Such lists may be designated as either a re-employment, reinstatement, promotional, or open employment list.

30. "Examination" means the selection procedures used to measure the relative capacities and fitness of the persons applying for positions within the Competitive Service.

31. "Exempt Service" means those offices and positions in classes specified in Section

2.40.110 of the Municipal Code.

32. "Grievance" defined in Section 18.1 of this Memorandum of Understanding

33. "Incumbent" means a person occupying a position in the City service.

34. "Layoff" means the separation of one or more employees from the active work force due to lack of work or funds, or to the abolition of positions by the Council for the above reasons, or due to organizational change.

35. "Open Examination" means a competitive examination for a particular class in which applications are invited from all qualified persons, regardless of whether or not they are employed by the City.

36. "Pay Range" means a series of base salary steps to which a class may be assigned.

37. "Permanent Appointment" or "Permanent Status" means the type of status granted an employee who has successfully completed an official probationary period for a particular class and in a regular position in the Competitive service.

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

38. "Personnel Ordinance" means Article XI of the Concord Municipal Code, which creates a personnel Merit System for the City.

39. "Position" means a combination of duties and responsibilities legally assigned to be performed by a single officer or employee or the equivalent and performed on a fulltime basis. A position may be occupied or vacant.

40. "Probationary Appointment" or "Probationary Period" means a working test period during which an employee who has been selected from a reinstatement, promotional, or open employment list is required, by actual performance, to demonstrate fitness for the duties of the class to which appointed.

41. "Promotion" means the movement of an employee from one class to another class having a higher maximum rate of pay.

42. "Promotional Examination" means a competitive examination for a particular class which is only available to current employees who meet the qualifications for the class and who have a permanent appointment with the City or are otherwise permitted to take such an examination by Section 2.40.110(b) of the Municipal Code or by Section

2.49 of Policy and Procedure 37.0.

43. "Provisional Appointment" means an appointment of a person who possesses the qualifications established for a particular class and who has been appointed to a regular position in that class in the absence of available eligibles, or who has been assigned under the provisions of Section 2.40.140(d) of the Municipal Code or by Section 2.50 of Policy and Procedure No. 37.0.

44. "Reclassification" means a change in allocation of a position from an existing class to another existing or new class that is assigned to a salary range or rate in which the maximum salary is equal, higher, or lower.

45. "Re-employment" means the reappointment of a former employee (from a layoff reemployment list) who had a permanent appointment with the City at the time of layoff.

46. "Regular Employee" means a person occupying either an appointive or a regular position with the City.

47. "Regular Position" means a full-time position in the Competitive Service which is established without any limitation as to time.

48. "Rehire" means the reappointment of a former employee who does not have reemployment or reinstatement rights at the time of returning to the payroll.

49. "Reinstatement" means the probationary appointment, without examination, of either a former permanent status employee who resigned in good standing not more than

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

one(1) year previously, or the return of a non-disciplinary demotion of an employee to a class in which status was held not more than one (1) year previously.

50. "Selection Procedure" means the use of any device or method used to make employment decisions such as application screening, written tests, oral interviews, performance tests, background investigations, assessments of physical or emotional condition, and probation periods.

51. "Special Position" means those positions in the Exempt service so designated by Section 2.40.110(a)(3) of the Municipal Code to which a person may be assigned.

52. "Status" means the type of an employee's appointment, such as provisional, probationary, permanent, exempt, or limited service.

53. "Step Advancement" means a change to a higher salary step in the pay range to which a class is assigned.

54. "Suspension" means an involuntary absence from duty without pay imposed for disciplinary purposes or pending investigation or charges.

55. "Termination" means the separation of an employee from City service.

56. "Transfer" means a change of an employee from one position to another position in the same class or in a comparable class having the same maximum salary.

57. "Waiver" means the rejection of an appointment offer by an Eligible or by a person on a reemployment or reinstatement list.

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

Attachment A

PAY TABLE ATC AND F&O

MONTHLY SALARY / HOURLY RATES
(EFFECTIVE 7/10/2023)
Grade Rate Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
1 Hourly
Monthly
$18.5433
$3,214
$19.4705
$3,375
$20.4439
$3,544
$21.4662
$3,721
$22.5395
$3,907
$23.6665
$4,102
2 Hourly
Monthly
$19.7302
$3,420
$20.7168
$3,591
$21.7526
$3,770
$22.8404
$3,959
$23.9824
$4,157
$25.1812
$4,365
3 Hourly
Monthly
$21.0305
$3,645
$22.082
$3,828
$23.1862
$4,019
$24.3457
$4,220
$25.5627
$4,431
$26.841
$4,652
4 Hourly
Monthly
$22.4666
$3,894
$23.5901
$4,089
$24.7696
$4,293
$26.0081
$4,508
$27.3085
$4,733
$28.6738
$4,970
5 Hourly
Monthly
$23.9641
$4,154
$25.1624
$4,361
$26.4204
$4,580
$27.7416
$4,809
$29.1287
$5,049
$30.5853
$5,301
6 Hourly
Monthly
$25.7361
$4,461
$27.0228
$4,684
$28.3741
$4,918
$29.7928
$5,164
$31.2825
$5,422
$32.8466
$5,693
7 Hourly
Monthly
$27.6039
$4,785
$28.9838
$5,024
$30.4333
$5,275
$31.9551
$5,539
$33.5527
$5,816
$35.2302
$6,107
8 Hourly
Monthly
$29.6720
$5,143
$31.1557
$5,400
$32.7134
$5,670
$34.3491
$5,954
$36.0665
$6,252
$37.8700
$6,564
9 Hourly
Monthly
$31.9719
$5,542
$33.5703
$5,819
$35.2490
$6,110
$37.0114
$6,415
$38.8621
$6,736
$40.8049
$7,073
10 Hourly
Monthly
$34.5400
$5,987
$36.2670
$6,286
$38.0802
$6,601
$39.9844
$6,931
$41.9835
$7,277
$44.0827
$7,641
11 Hourly
Monthly
$37.3565
$6,475
$39.2245
$6,799
$41.1856
$7,139
$43.245
$7,496
$45.4073
$7,871
$47.6779
$8,264
12 Hourly
Monthly
$40.3565
$6,995
$42.3741
$7,345
$44.4930
$7,712
$46.7174
$8,098
$49.0535
$8,503
$51.5063
$8,928
13 Hourly
Monthly
$44.8664
$7,777
$47.1096
$8,166
$49.4650
$8,574
$51.9385
$9,003
$54.5353
$9,453
$57.2622
$9,925
14 Hourly
Monthly
$51.5484
$8,935
$54.1257
$9,382
$56.8321
$9,851
$59.6735
$10,343
$62.6571
$10,861
$65.7900
$11,404
15 Hourly
Monthly
$59.2296
$10,266
$62.1912
$10,780
$65.3009
$11,319
$68.5657
$11,885
$71.9942
$12,479
$75.5940
$13,103

PAY TABLE ATC AND F&O

MONTHLY SALARY / HOURLY RATES
(EFFECTIVE 11/15/2021)
Grade Rate Step 1 Step 2 Step 3 Step 4 Step 5 Step 6

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

1 Hourly
Monthly
$16.8255
$2,916
$17.6668
$3,062
$18.5500
$3,215
$19.4776
$3,376
$20.4515
$3,544
$21.4741
$3,722
2 Hourly
Monthly
$17.9025
$3,103
$18.7976
$3,258
$19.7375
$3,421
$20.7245
$3,592
$21.7607
$3,771
$22.8485
$3,960
3 Hourly
Monthly
$19.0823
$3,307
$20.0364
$3,472
$21.0383
$3,646
$22.0903
$3,828
$23.1946
$4,020
$24.3545
$4,221
4 Hourly
Monthly
$20.3854
$3,533
$21.4048
$3,710
$22.4750
$3,895
$23.5988
$4,090
$24.7787
$4,294
$26.0175
$4,509
5 Hourly
Monthly
$21.7441
$3,768
$22.8314
$3,957
$23.9729
$4,155
$25.1717
$4,363
$26.4302
$4,581
$27.7519
$4,810
6 Hourly
Monthly
$23.3520
$4,047
$24.5195
$4,250
$25.7456
$4,462
$27.0329
$4,685
$28.3845
$4,919
$29.8037
$5,165
7 Hourly
Monthly
$25.0467
$4,341
$26.2988
$4,558
$27.6140
$4,786
$28.9948
$5,025
$30.4444
$5,277
$31.9666
$5,540
8 Hourly
Monthly
$26.9233
$4,666
$28.2695
$4,900
$29.6829
$5,145
$31.1670
$5,402
$32.7254
$5,672
$34.3618
$5,956
9 Hourly
Monthly
$29.0100
$5,028
$30.4604
$5,279
$31.9835
$5,543
$33.5827
$5,821
$35.2620
$6,112
$37.0248
$6,417
10 Hourly
Monthly
$31.3402
$5,432
$32.9072
$5,703
$34.5525
$5,989
$36.2802
$6,288
$38.0942
$6,602
$39.9989
$6,933
11 Hourly
Monthly
$33.8959
$5,875
$35.5908
$6,169
$37.3702
$6,477
$39.2388
$6,801
$41.2008
$7,141
$43.2610
$7,498
12 Hourly
Monthly
$36.6179
$6,347
$38.4486
$6,664
$40.3712
$6,997
$42.3896
$7,347
$44.5092
$7,714
$46.7348
$8,100
13 Hourly
Monthly
$40.7100
$7,056
$42.7454
$7,409
$44.8826
$7,779
$47.1269
$8,168
$49.4832
$8,577
$51.9574
$9,005
14 Hourly
Monthly
$46.7730
$8,107
$49.1115
$8,512
$51.5672
$8,938
$54.1454
$9,385
$56.8526
$9,854
$59.6952
$10,347
15 Hourly
Monthly
$53.7426
$9,315
$56.4299
$9,781
$59.2514
$10,270
$62.2137
$10,783
$65.3246
$11,322
$68.5909
$11,889

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

Attachment B

ADMINISTRATIVE, TECHNICAL, AND CLERICAL UNIT

PAY ASSIGNMENT OF CLASSIFICATIONS
Class Title Pay
Grade
Class Title Pay
Grade
Administrative Clerk I…………………… 3 Permit Center Technician III…………. 10 Administrative Clerk II…………………... 6 Planning Technician…………………... 10 Administrative Clerk III………………….. 7 Program Assistant……………...………. 9 Administrative Secretary……………….. 9 Programmer Analyst ……………..…….. 12 Code Enforcement Officer 11 Recreation Cust. Service Coord……….. 7 Duplicate/Offset Printing Operator……. 5 Recreation Program Aide…………….…. 6 GIS Technician………………………….. 8 Recreation & Special Events Prg Coord. 11 Graphic Designer……………………...... 8 Senior Offset Duplicating Mach……… 7 Information Systems Tech. I…………... 7 Transportation Program Coordina…… 10 Information Systems Tech. II………..… 9 Video Services Coordinator………….. 9 Permit Center Technician I…………… 7 Youth Violence Prevention Spec......... 10 Permit Center Technician II………….. 9

MARKET RATE
Class Title Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Account Clerk I 004 Hourly
Monthly
$23.5573
$4,083
$24.7354
$4,287
$25.9720
$4,502
$27.2707
$4,727
$28.6341
$4,963
$30.0658
$5,211
Account Clerk II 006 Hourly
Monthly
$26.9855
$4,677
$28.3346
$4,911
$29.7515
$5,157
$31.2391
$5,415
$32.8010
$5,686
$34.4411
$5,970
Account Clerk III 007 Hourly
Monthly
$28.9438
$5,017
$30.3908
$5,268
$31.9107
$5,531
$33.5063
$5,808
$35.1814
$6,098
$36.9405
$6,403
Accounting
Technician I
008 Hourly
Monthly
$31.1126
$5,393
$32.6681
$5,662
$34.3015
$5,946
$36.0166
$6,243
$37.8174
$6,555
$39.7083
$6,883
Accounting
Technician II
009 Hourly
Monthly
$33.5239
$5,811
$35.2000
$6,101
$36.9600
$6,406
$38.8080
$6,727
$40.7488
$7,063
$42.7858
$7,416
Accounts Payable
Team Leader
009 Hourly
Monthly
$33.5239
$5,811
$35.2000
$6,101
$36.9600
$6,406
$38.8080
$6,727
$40.7488
$7,063
$42.7858
$7,416
Building Inspector 011 Hourly
Monthly
$41.9461
$7,271
$44.0433
$7,634
$46.2455
$8,016
$48.5578
$8,417
$50.9860
$8,838
$53.5352
$9,279
Buyer 009 Hourly
Monthly
$33.5239
$5,811
$35.2000
$6,101
$36.9600
$6,406
$38.8080
$6,727
$40.7488
$7,063
$42.7858
$7,416
Community Service
Officer
007 Hourly
Monthly
$28.9438
$5,017
$30.3908
$5,268
$31.9107
$5,531
$33.5063
$5,808
$35.1814
$6,098
$36.9405
$6,403
Construction
Inspector
010 Hourly
Monthly
$38.8399
$6,732
$40.7819
$7,069
$42.8210
$7,422
$44.9621
$7,793
$47.2104
$8,183
$49.5706
$8,592
Forensic Specialist
I
008 Hourly
Monthly
$31.1126
$5,393
$32.6681
$5,662
$34.3015
$5,946
$36.0166
$6,243
$37.8174
$6,555
$39.7083
$6,883

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

Forensic Specialist
II
010 Hourly
Monthly
$36.2166
$6,278
$38.0275
$6,591
$39.9287
$6,921
$41.9252
$7,267
$44.0216
$7,630
$46.2227
$8,012
Police Records
Clerk I
003 Hourly
Monthly
$20.6089
$3,572
$21.6393
$3,751
$22.7213
$3,938
$23.8574$
4,135
$25.0502
$4,342
$26.3029
$4,559
Police Records
Clerk II
006 Hourly
Monthly
$25.2201
$4,371
$26.4810
$4,590
$27.8052
$4,820
$29.1955
$5,061
$30.6552
$5,314
$32.1880
$5,579
Police Records
Clerk III
007 Hourly
Monthly
$28.9438
$5,017
$30.3908
$5,268
$31.9107
$5,531
$33.5063
$5,808
$35.1814
$6,098
$36.9405
$6,403
Revenue
Generation Team
Leader
010 Hourly
Monthly
$36.2166
$6,278
$38.0275
$6,591
$39.9287
$6,921
$41.9252
$7,267
$44.0216
$7,630
$46.2227
$8,012
Senior Building
Inspector
012 Hourly
Monthly
$46.1352
$7,997
$48.4420
$8,397
$50.8640
$8,816
$53.4073
$9,257
$56.0777
$9,720
$58.8813
$10,206
Senior Construction
Inspector
011 Hourly
Monthly
$41.9388
$7,269
$44.0357
$7,633
$46.2376
$8,015
$48.5494
$8,415
$50.9770
$8,836
$53.5258
$9,278
Treasury
Technician
007 Hourly
Monthly
$28.9438
$5,017
$30.3908
$5,268
$31.9107
$5,531
$33.5063
$5,808
$35.1814
$6,098
$36.9405
$6,403

ADMINISTRATIVE, TECHNICAL, AND CLERICAL UNIT

PAY ASSIGNMENT OF CLASSIFICATIONS
Class Title Pay Class Title Pay
Grade Grade
Administrative Clerk I…………………… 3 Permit Center Technician III…………. 10 Administrative Clerk II…………………... 6 Planning Technician…………………... 10 Administrative Clerk III………………….. 7 Program Assistant……………...………. 9 Administrative Secretary……………….. 9 Programmer Analyst ……………..…….. 10 Code Enforcement Officer 11 Recreation Cust. Service Coord……….. 7 Duplicate/Offset Printing Operator……. 5 Recreation Program Aide…………….…. 6 GIS Technician………………………….. 8 Recreation & Special Events Prg Coord. 11 Graphic Designer……………………...... 8 Senior Offset Duplicating Mach……… 7 Information Systems Tech. I…………... 7 Transportation Program Coordina…… 10 Information Systems Tech. II………..… 9 Video Services Coordinator………….. 9 Permit Center Technician I…………… 7 Youth Violence Prevention Spec......... 10 Permit Center Technician II………….. 9
PLACEHOLDER OF 2023 MARKET RATE TABLE

MARKET RATE
Class Title Gra
de
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Account Clerk I 004 Hourly
Monthly
$21.3750
$3,705
$22.4439
$3,890
$23.5660
$4,084
$24.7444
$4,289
$25.9815
$4,503
$27.2805
$4,728

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

Account Clerk II 006 Hourly
Monthly
$24.4856
$4,244
$25.7098
$4,456
$26.9954
$4,679
$28.3452
$4,913
$29.7624
$5,158
$31.2505
$5,416
Account Clerk III 007 Hourly
Monthly
$26.2625
$4,552
$27.5755
$4,779
$28.9545
$5,018
$30.4023
$5,269
$31.9223
$5,533
$33.5184
$5,809
Accounting
Technician I
008 Hourly
Monthly
$28.2303
$4,893
$29.6418
$5,137
$31.1238
$5,394
$32.6800
$5,664
$34.3140
$5,947
$36.0298
$6,245
Accounting
Technician II
009 Hourly
Monthly
$30.4183
$5,272
$31.9391
$5,536
$33.5361
$5,812
$35.2129
$6,103
$36.9738
$6,408
$38.8222
$6,729
Accounts Payable
Team Leader
009 Hourly
Monthly
$30.4183
$5,272
$31.9391
$5,536
$33.5361
$5,812
$35.2129
$6,103
$36.9738
$6,408
$38.8222
$6,729
Building Inspector 011 Hourly
Monthly
$38.0602
$6,597
$39.9632
$6,926
$41.9613
$7,273
$44.0595
$7,636
$46.2627
$8,018
$48.5757
$8,419
Buyer 009 Hourly
Monthly
$30.4183
$5,272
$31.9391
$5,536
$33.5361
$5,812
$35.2129
$6,103
$36.9738
$6,408
$38.8222
$6,729
Community Service
Officer
007 Hourly
Monthly
$26.2625
$4,552
$27.5755
$4,779
$28.9545
$5,018
$30.4023
$5,269
$31.9223
$5,533
$33.5184
$5,809

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

Construction
Inspector
010 Hourly
Monthly
$35.2418
$6,108
$37.0039
$6,414
$38.8541
$6,734
$40.7968
$7,071
$42.8368
$7,425
$44.9784
$7,796
Forensic Specialist
I
008 Hourly
Monthly
$28.2303
$4,893
$29.6418
$5,137
$31.1238
$5,394
$32.6800
$5,664
$34.3140
$5,947
$36.0298
$6,245
Forensic Specialist
II
010 Hourly
Monthly
$32.8615
$5,695
$34.5047
$5,980
$36.2298
$6,279
$38.0413
$6,593
$39.9434
$6,923
$32.8615
$7,269
Police Records
Clerk III
007 Hourly
Monthly
$26.2625
$4,552
$27.5755
$4,779
$28.9545
$5,018
$30.4023
$5,269
$31.9223
$5,533
$33.5184
$5,809
Revenue
Generation Team
Leader
010 Hourly
Monthly
$32.8615
$5,695
$34.5047
$5,980
$36.2298
$6,279
$38.0413
$6,593
$39.9434
$6,923
$32.8615
$7,269
Senior Building
Inspector
012 Hourly
Monthly
$41.8613
$7,255
$43.9543
$7,618
$46.1520
$7,999
$48.4597
$8,399
$50.8827
$8,819
$53.4266
$9,260
Senior Construction
Inspector
011 Hourly
Monthly
$38.0536
$6,595
$39.9563
$6,925
$41.9542
$7,272
$44.0518
$7,635
$46.2545
$8,017
$48.5672
$8,418
Treasury
Technician
007 Hourly
Monthly
$26.2625
$4,552
$27.5755
$4,779
$28.9545
$5,018
$30.4023
$5,269
$31.9223
$5,533
$33.5184
$5,809

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

Attachment B
PLACEHOLDER FOR 2023 PAY ASSIGNMENT OF CLASSIFICATIONS

FIELD & OPERATIONS UNIT

PAY ASSIGNMENT OF CLASSIFICATIONS
Class Title Pay
Grade
Class Title Pay Grade
Equipment Mechanic……………........... 10 Maintenance Painter…………………. 10 Facilities Maintenance Technician……. 8 Maintenance Utility Mechanic….......... 10 Heavy Equipment Operator I………….. 9 Sweeper Operator…………………….. 8 Heavy Equipment Operator II…………. 10 Traffic Signal Trainee…………………. 9 Maintenance Carpenter………………… 10
PLACEHOLDER OF 2023 MARKET RATE TABLE

MARKET RATE
Class Title Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Automotive Parts and
Services Technician
007 Hourly
Monthly
$26.2625
$4,552
$27.5755
$4,779
$28.9545
$5,018
$30.4023
$5,269
$31.9223
$5,533
$33.5184
$5,809
Custodian 004 Hourly
Monthly
$21.3750
$3,705
$22.4439
$3,890
$23.5660
$4,084
$24.7444
$4,289
$25.9815
$4,503
$27.2805
$4,728
Environmental
Maintenance Tech
008 Hourly
Monthly
$28.2303
$4,893
$29.6418
$5,137
$31.1238
$5,394
$32.6800
$5,664
$34.3140
$5,947
$36.0298
$6,245
General Laborer 002 Hourly
Monthly
$18.7715
$3,253
$19.7101
$3,416
$20.6957
$3,587
$21.7305
$3,766
$22.8170
$3,954
$23.9577
$4,152
Landscape Gardener 009 Hourly
Monthly
$29.5733
$5,126
$31.0519
$5,382
$32.6046
$5,651
$34.2348
$5,934
$35.9467
$6,230
$37.7438
$6,542
Lead Custodian 006 Hourly
Monthly
$24.4856
$4,244
$25.7098
$4,456
$26.9954
$4,679
$28.3452
$4,913
$29.7624
$5,158
$31.2505
$5,416
Lead Dispatcher 011 Hourly
Monthly
$41.6353
$7,216
$43.7173
$7,577
$45.9029
$7,956
$48.1982
$8,354
$50.6082
$8,772
$53.1386
$9,210
Maintenance Gardener 008 Hourly
Monthly
$28.2303
$4,893
$29.6418
$5,137
$31.1238
$5,394
$32.6800
$5,664
$34.3140
$5,947
$36.0298
$6,245
Maintenance Sprinkler
Fitter
010 Hourly
Monthly
$32.8615
$5,695
$34.5047
$5,980
$36.2298
$6,279
$38.0413
$6,593
$39.9434
$6,923
$32.8615
$7,269
Maintenance Team
Leader
010 Hourly
Monthly
$32.8615
$5,695
$34.5047
$5,980
$36.2298
$6,279
$38.0413
$6,593
$39.9434
$6,923
$32.8615
$7,269

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

Maintenance Worker I 005 Hourly
Monthly
$22.7996
$3,951
$23.9398
$4,149
$25.1366
$4,357
$26.3936
$4,574
$27.7132
$4,803
$29.0990
$5,043
Maintenance Worker II 007 Hourly
Monthly
$26.2625
$4,552
$27.5755
$4,779
$28.9545
$5,018
$30.4023
$5,269
$31.9223
$5,533
$33.5184
$5,809
Parks Lead Worker 009 Hourly
Monthly
$30.4183
$5,272
$31.9391
$5,536
$33.5361
$5,812
$35.2129
$6,103
$36.9738
$6,408
$38.8222
$6,729

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

Police Dispatcher I 007 Hourly
Monthly
$31.1716
$5,403
$32.7303
$5,673
$34.3668
$5,956
$36.0851
$6,254
$37.8894
$6,567
$39.7839
$6,895
Police Dispatcher II 009 Hourly
Monthly
$37.8417
$6,559
$39.7338
$6,887
$41.7207
$7,231
$43.8066
$7,593
$45.9971
$7,972
$48.2971
$8,371
Senior Traffic Signal
Tech.
011 Hourly
Monthly
$38.6373
$6,697
$40.5693
$7,032
$42.5977
$7,383
$44.7278
$7,752
$46.9641
$8,140
$49.3124
$8,547
Traffic Signal
Technician
010 Hourly
Monthly
$35.7267
$6,192
$37.5132
$6,502
$39.3889
$6,827
$41.3583
$7,168
$43.4264
$7,527
$45.5974
$7,903
Maintenance
Electrician
010 Hourly
Monthly
$35.7267
$6,192
$37.5132
$6,502
$39.3889
$6,827
$41.3583
$7,168
$43.4264
$7,527
$45.5974
$7,903
Parks Lead Worker 009 Hourly
Monthly
$30.4183
$5,272
$31.9391
$5,536
$33.5361
$5,812
$35.2129
$6,103
$36.9738
$6,408
$38.8222
$6,729
Public Works Lead
Worker
009 Hourly
Monthly
$30.4183
$5,272
$31.9391
$5,536
$33.5361
$5,812
$35.2129
$6,103
$36.9738
$6,408
$38.8222
$6,729
PW Lead Worker –
Infrastructure Maint.
009 Hourly
Monthly
$30.4183
$5,272
$31.9391
$5,536
$33.5361
$5,812
$35.2129
$6,103
$36.9738
$6,408
$38.8222
$6,729
Recreation Utility
Worker
007 Hourly
Monthly
$26.2625
$4,552
$27.5755
$4,779
$28.9545
$5,018
$30.4023
$5,269
$31.9223
$5,533
$33.5184
$5,809
Senior Maintenance
Team Leader
011 Hourly
Monthly
$35.5413
$6,160
$37.3185
$6,468
$39.1843
$6,791
$41.1436
$7,131
$43.2008
$7,488
$35.5413
$7,862
Tree Lead Worker 009 Hourly
Monthly
$30.4183
$5,272
$31.9391
$5,536
$33.5361
$5,812
$35.2129
$6,103
$36.9738
$6,408
$38.8222
$6,729
Tree Trimmer 008 Hourly
Monthly
$28.2303
$4,893
$29.6418
$5,137
$31.1238
$5,394
$32.6800
$5,664
$34.3140
$5,947
$36.0298
$6,245

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

Attachment C

EDUCATIONAL BROKERS
(CONTRACTING AGENTS)

1. Academic Overtures................................................................... (213) 577-1260 Hilton Tower, 150 S. Los Robles
Pasadena, CA 91101

2. The Center for Continuing Education ........................................ (916) 920-2488 P.O. Box 13032
Sacramento, CA 95813

3. Continuing Education Corporation ............................................ (714) 832-8185 17291 Irvine Boulevard, Suite 262
Tustin, CA 92689

4. External Degree Services........................................................... (408) 629-8149 P.O. Box 24265
San Jose, CA 95154

5. Foundation for Educational Services ......................................... (213) 385-2891 520 South LaFayette Park Place
Los Angeles, CA 90057

6. The Institute for Professional Development............................... (408) 262-8500 696 Trimble Road
San Jose, CA 95131

7. International Education Foundation ........................................... (213) 389-3131 3550 Wilshire Boulevard
Los Angeles, CA 90010

8. Modulearn, Incorporated ............................................................ (714) 493-8122 32158 Camino Capistrano
P.O. Box 635
San Juan Capistrano, CA 92675

9. Rockport Management Corporation........................................... (714) 537-7045 12812 Garden Grove Boulevard, Suite O
Garden Grove, CA 92643

10. West Bristow Consultants.......................................................... (213) 373-6857 426 Via Corta, Suite 300
P.O. Box 232
Palos Verdes Estates, CA 90274

11. Western Management Institute................................................... (415) 376-1330 c/o St. Mary's College
Moraga, CA 94575

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

SHIRT SELECTION

CLOTHING MODIFICATIONS

SHIRT AND JACKET SELECTIONS
Attachment D

1. Four shirt types are available:
a. Tee
b. Tank
c. Polo
d. Standard buttons (short or long sleeve)
e. Hi-Vis Class 3 T-shirt

2. Each shirt type is assigned a point value:
a. Tee = 1.0 point
b. Tank = 1.4 points
c. Polo = 2.4 points
d. Standard buttons (short or long sleeve) = 2.1 points e. Hi-Vis Class 3 T-Shirt = 2.7 points

3. Employees may choose any combination of shirt types, up to a maximum of 10. They must stay within a maximum of 17 points when making their selections.

As an example, an individual starts with 17 points then selects the following shirts:

TYPE QUANTITY
(maximum 10) VALUE POINTS USED POINT BALANCE

17.0 Tank 3 1.4 4.2 12.8
Tee 4 1.0 4.0 8.8
Polo 3 2.4 7.2 1.6
Total 10 15.4
In this example the maximum number of shirts (10) has been reached. Even though 1.6 points are unused, no additional shirts may be ordered.

In the next example, 8 shirts are chosen. A small point balance remains. It is insufficient to allow for the purchase of additional shirts. Even though only 8 shirts were chosen, the maximum point utilization has been reached. No additional shirts may be purchased for this individual.

TYPE QUANTITY
(maximum 10) VALUE POINTS USED POINT BALANCE

17.0 Tee 1 1.0 1.0 16.0
Polo 4 2.4 9.6 6.4
Button 3 2.1 6.3 1.0
Total 8 16.9

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

JACKET SELECTION
The jacket program will offer three types; an award type, a longer length fleece-lined jacket, and a safety orange, or yellow-lime field jacket (in two lengths). The safety orange, or yellow-lime field jacket is intended for crews working on or near roads. Due to its cost, this is a "two-year jacket." Those individuals selecting it will not be eligible for a new jacket next year.

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

Attachment E

RETIREMENT AWARDS POLICY
A. Full-time regular employees who retire from the City will receive the following:
• Retirement plaque
• $100 contribution by City toward gift being purchased by coworkers • Reimbursement up to $50 for dinner for two
• Pair of tickets to performance of choice at Pavilion
• (Police only) Sworn officers with 25 years of service may keep duty weapon B. Full-time regular employees hired before April 26, 1994, who retire from the City, will receive:
• All items included in Section A
• (Such employees shall also receive) A monetary award based on years of service (as follows) in lieu of golfing/swimming privileges previously referenced in the City’s recognition policy:
10 years of service ...$200
20 years of service ...$500
25 years of service ...$700
C. For All Future Employees:
• The recognition items to be received by employees hired on or after April 26, 1994 (date of modification of Policy & Procedure No. 13) will be governed by City policy (if any) in effect at the time of retirement. Any employee recognition program developed by the City is subject to change or elimination at any time.

The foregoing benefits only apply to employees who actually retire upon cessation of their employment with the City. It does not apply to employees who leave the City to work for another employer and retire at a later date.

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

ATTACHMENT F

UNIFORM POLICY PUBLIC WORKS DEPARTMENT
July 23, 2013
I. Purpose
City of Concord Public Works employees are required to present a professional image to the public. This policy sets forth clothing guidelines which: a) ensure that requirement; b) promote worker safety; and c) provide a means for the community to easily identify Public Works employees as they conduct their daily business.

II. Applicability
This policy applies to all permanent City of Concord Public Works Department Employees in the Field and Operations Unit.

III. Policy
It is the intent of this policy that work attire complements an environment that reflects an efficient, orderly, and professionally operated organization while promoting workforce safety.

IV. Procedures
A. General Dress Code
As a representative of the City, each employee is expected to dress in a manner which promotes a positive, professional image while providing a means for employee identification. He or she shall also be dressed appropriate for his or her activity in compliance with current OSHA requirements. For this reason, all Public Works employee shall comply with the following dress code requirements:

1. Employees who are required to wear uniforms shall wear them while on duty (unless otherwise approved by their supervisor).

2. The City uniform is not to be worn except when on duty or reporting to or from duty in the service of the City of Concord.

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

3. Employees called for emergency work are not required to change into the City uniform prior to reporting for emergency work.

4. Employees are expected to exercise good judgment in their choice of work clothes. All clothing must be clean, in good repair, and appropriate for the work setting.

5. When employees wear coats, shirts, sweatshirts, and jackets they must bear an original City logo (unless otherwise directed or approved by supervisor) and employee first name. This includes wearing a City-issued shirt beneath removable sweatshirts and jackets.

6. Attire which prohibits employees from safely performing their assigned duties is prohibited.

7. Employees shall take proper care of uniforms. The employee is responsible for any loss or damage of his/her City uniform due to negligence not including normal wear and tear.

B. Uniform Guidelines
Except as described in Section D below, Public Works employees will be issued standard uniforms which are consistent among divisions and compliant with OSHA guidelines.

1. Sweatshirts and or Jackets
 Two (2) sweatshirts per employee per year will be issued as follows:
 Sweatshirts will be hooded with zipper.
 Sweatshirts will be compliant with OSHA guidelines.
 One OSHA compliant jacket per employee per year may be issued in in lieu of sweatshirts.

2. Shirts
 Eight (8) City-issued shirts per employee per year will be issued as follows:
 Shirts will be OSHA compliant.
 Shirts will be short or long sleeved t-shirts, or have buttons and collar.

3. Raingear and Coveralls

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

 Rain gear and coveralls will be issued as needed in compliance with current OSHA regulations.

4. Work Pants
 Employees will each receive a $240 stipend per fiscal year for work pants.  Work pants must be full-length blue denim (i.e. blue jeans) or dark navy or black twill/polyester style.
 Works pants must not sag below the waistline or hip.
 Work pants must be free of alterations, holes and bleaching.

5. Hats
 Employees will be provided with two (2) “ball cap” style hats per employee per year.
 Hats will be navy blue in color, Flex-Fit (non-adjustable) style and will bear the original City logo.
 Employees may elect to wear a full brimmed sun hat in lieu of ball cap if approved by the division manager.
 Employees may elect to wear their own choice of ball cap style hat as long as it does not bear writing or logos and is dark navy or black in color.

6. Uniform Disposal
 Uniforms which have reached the end of their useful life and which bear the City logo must be properly disposed of by the employee.  Properly disposed of is defined as removing the City logo and/or destroying.
 Uniforms bearing the City logo must never be given away or donated to charity.

C. Time to Purchase
The Public Works Management Team will procure above said uniforms once annually during the month of June.

D. Laundry Service
A clothing rental and laundry service which provides uniforms shall be provided to full-time employees occupying regular positions in the Fleet Management Division and or other special need positions which require such service.

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

ATTACHMENT G

VACATION CASH OUT ELECTION FORM
(NON-REVOCABLE)
Pursuant to Personnel Policy & Procedure 37.17 Vacation, paragraph 4.3, I, hereby request to cash out hours of vacation leave
(must not exceed 40 hours). I am aware and agree that the IRS requires that this election be nonrevocable and that I will receive this payment during the first full pay period of August, or as otherwise specified in my applicable MOU, of the calendar year following this election. I further acknowledge that the hours I am seeking to cash out are not currently accrued vacation balance hours, but rather, in compliance with IRS regulations, are for hours that will be accrued in the calendar year in which the cash-out occurs.

PROCEDURE:
(1) Employee must complete and sign the form.
(2) The original, signed form must be received in Payroll no later than close of business the last regular work day of the calendar year prior to the year in which the cash out will be made. Forms received after the final regular work day of the calendar year cannot be accepted.

I understand the following provisions apply:
• I must have at least eighty (80) hours of accrued vacation leave when submitting the nonrevocable Vacation Cash Out Election Form. • This request can only be made once in each twelve month period. • Payment is subject to ordinary deductions and withholdings. • This request is irrevocable. Once elected, the number of hours listed for cash-out will no longer be available for me to use as vacation time. Once cashed out, I will not be able to buy back hours at a later time.
• Adjustment of hours will begin to be reflected in a “Reserve” bank visible through Lawson Employee Self Service no later than the 2nd pay period in January.

Employee Name (please print) Employee #
Employee’s Signature
=====================================================================================

FOR PAYROLL USE ONLY
Date form was received in Payroll:

Vacation balance at time of request:

Hours requested to be cashed out:

Reserved hours available at time of cash-out:

Eligibility verified on by
Hours to be cashed out: x hourly pay rate of $ Total Gross: $ Pay Code VNR Note: This will be charged to the same expense account from which the employee is presently paid.

Cash out processed PPE Hours deducted from employee’s vacation balance Verification of completed process Date

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

ATTACHMENT H

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

ATTACHMENT I
Market Equity:

The City proposes equity adjustments in accordance with the list provided below. These specified equity adjustments shall be Effective in the pay period beginning November 15, 2021 of the agreement.

Equity Adjustments
The parties agree to provide a five-percent (5%) equity adjustment for three benchmark classifications (Account Clerk II, Community Services Officer and Maintenance Worker II) and the classifications linked to those benchmarks as listed below:

Account Clerk II
Account Clerk I Account
Clerk III Accounting
Technician I
Accounting Technician II
Accounts Payable Team Leader
Buyer
Revenue Generation Team Leader
Treasury Technician
Community ServiceOfficer
Forensic Specialist I Forensic
Specialist II
Police Records Clerk III
Maintenance Worker II
Automotive Parts and ServicesTechnician
Custodian
Environmental MaintenanceTechnician
General Laborer
Lead Custodian
Tree Lead Worker
Maintenance Gardener
Maintenance Sprinkler Fitter
Maintenance Team Leader
Maintenance Worker I
Parks Lead Worker
Public Works Lead Worker
Public Works Lead Worker–Infrastructure
Recreation Utility Worker
Senior Maintenance Team Leader
Tree Trimmer
The parties agree to provide a two-percent (2%) equity adjustment for the classification of Landscape Gardener.

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

ATTACHMENT IJ

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O

SIGNATURES
For the ADMINISTRATIVE,
TECHNCIAL & CLERICAL UNIT and
For the FIELD & OPERATIONS UNIT: For the CITY OF CONCORD:

Peter Finn, Principal Officer Valerie Barone
Teamsters, Local 856 City Manager
Juan Escobar, Business Representative Jasmin Loi
Teamsters, Local 856 Director of Human Resources
Jeanette Bradfield, Business Representative
Teamsters, Local 856

Staff Report
Date: June 27, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Prepared by: Leng Power, Community Services Manager
[email protected]
(925) 603-5838
Subject: Considering approval of amendments extending the Community Development Block Grant–Coronavirus (CDBGCV) agreements with Shelter, Inc. and ECHO Housing from June 30, 2023, to June 30, 2024, and increasing households served from 50 to 100, without change to contract amounts of $689,352 with Shelter, Inc., and $245,000 with ECHO Housing; and authorize the City Manager to execute such amendments subject to City Attorney approval. (Community Development Block Grant-Coronavirus Funds).

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

Report in Brief
The City Council is requested to approve an amendment extending the Community Development Block Grant–Coronavirus (CDBG-CV) contracts awarded under the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 to Shelter, Inc. for Emergency Rental Assistance and ECHO Housing (ECHO) for Tenant/Landlord Counseling and Legal Services from June 30, 2023 to June 30, 2024, without change to the agreement amounts. Extending these agreements will ensure that rental assistance and legal services will be available to at-risk tenants until funding is exhausted or HUD releases further direction for use of funds.

5.p

City Council Agenda Report
Agenda Item No. 5.p
June 27, 2023
Recommended Action
Approve amendments extending the Community Development Block Grant– Coronavirus (CDBG-CV) contracts with Shelter, Inc. and ECHO Housing from to June 30, 2023 to June 30, 2024, and increasing households served from 50 to 100, without change to contract amounts of $689,352 with Shelter, Inc., and $245,000 with ECHO Housing; and authorize the City Manager to execute such amendments subject to City Attorney approval, and make the CEQA determinations as provided in this staff report.

Background
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was passed by Congress and signed by the President on March 27, 2020, in response to economic impacts of the novel coronavirus pandemic (COVID-19). The Department of Housing and Urban Development (HUD) made available a total of $5 billion in CDBG funding under the CARES Act to be used for activities that prevent, prepare for, and/or respond to COVID-19 and its impacts. The City of Concord, as a CDBG entitlement jurisdiction was initially awarded $623,474.

On June 23, 2020, Council approved first-round allocations totaling $623,474, which included $378,780 to Shelter, Inc. to provide rental assistance to tenants impacted by the COVID-19 crisis through an Emergency Rental Assistance Program.

With the second round of funding, the CARES Act established the Coronavirus Relief Fund (CRF) to respond to necessary expenditures incurred due to the public health emergency with respect to COVID–19 and on August 4, 2020 Council provided an additional allocation to Shelter, Inc. of $375,000 for emergency rental assistance to impacted tenants. Those funds were fully expended prior to the program end date of December 31, 2020.

In the third and final round of funding, the City received an allocation of $935,572, and on December 1, 2020, provided an additional $310,572 to Shelter, Inc. for emergency rental assistance for a total CDBG-CV allocation of $689,352. The City also allocated $245,000 to ECHO Housing to provide Tenant/Landlord Counseling and Legal Services.

As described further below, $214,481 of the CDBG-CV allocation is remaining for emergency rental assistance, and $72,507 is remaining for Tenant/Landlord Counseling and Legal Services.

Analysis
In support of state legislation, which placed a moratorium on evictions for non-payment of rent due to the COVID-19 emergency, the City determined that there was a need to provide financial rental assistance to eligible households to allow them to remain in their homes and avoid homelessness at the conclusion of the moratorium.

City Council Agenda Report
Agenda Item No. 5.p
June 27, 2023
There was also a need to provide legal services to tenants at risk of eviction, particularly low-income workers and immigrants who have been heavily impacted by COVID-19.

This service is critical to keeping people housed and to address the lingering effects of the COVID-19 pandemic.

Shelter Inc.: Emergency Rental Assistance (see Attachment 1) AB 3088, the Tenant, Homeowner and Small Landlord Relief and Stabilization Act of 2020, was signed by Governor Newsom on August 31, 2020. It enacted substantial new protections from evictions for all residential tenants impacted by COVID-19, including prohibitions on evicting a resident impacted by COVID-19 who has failed to make rental payments, provided certain requirements of the law are met.

Shelter, Inc. is the leading housing assistance agency in the County, is in Concord and has been providing rental assistance for many years. The organization increased their capacity to handle the additional demand for their services from Concord and throughout the County. The other Consortium jurisdictions (Antioch, Pittsburg, Walnut Creek and unincorporated Contra Costa County) also provided funding to Shelter, Inc., which reduced the overall administrative cost to the City as the vetting and reporting requirements are the same across all five funders.

Pursuant to Senate Bill 91, the State developed an Emergency Rental Assistance Program (ERAP). Income eligible households who needed financial assistance for unpaid rent and utilities were able to apply for help through the California ERAP COVID‐19 Rent Relief Program (“State Program”). Tenants were able to apply directly or landlords could apply on behalf of their tenants.

Shelter, Inc.’s emergency rental assistance program funded by CDBG-CV was put on hold temporarily as applicants were assisted with applying to the State Program, not only in Concord but throughout the County. Applications for the State program were accepted until March 31, 2022, and State law extended eviction protections until June 30, 2022, for qualifying applications received by that date. Assisting residents with applying for State funds allowed the City to preserve its CDBG-CV funds for use when State funds were no longer available.

As the effects of the pandemic have evolved, the impact to tenants and their needs have changed. HUD continues to review the parameters of the CDBG-CV program to allow more flexibility in responding to current tenant needs. CDBG-CV funds can be used for back rent even if a tenant has vacated the premises, helping to avoid negative action on a tenant’s credit report and provided needed revenue to landlords. In an effort to prevent housing displacement, HUD has allowed assistance to tenants employed in industries that have been slow to recover, particularly service industries. This additional flexibility will allow Shelter Inc. to continue to provide emergency rental assistance to atrisk tenants and expend remaining CDBG-CV funds.

City Council Agenda Report
Agenda Item No. 5.p
June 27, 2023
From program start to June 2023, Shelter, Inc. provided rental assistance to 68 Concord households impacted by COVID-19, which exceeded the initial goal of 50 households.

Most of the cases were opened within the last year as the State ERAP program ended in March 2022. In addition to assisting with back due rent, HUD released direction that allowed CDBG-CV funds to be used for back rent even if the tenant had vacated the premises. However, as the City recovers from the effects of the pandemic, there was a decrease in the number of tenants in need of assistance that can be tied directly to COVID. Shelter, Inc. continued to help households who did not qualify for CDBG-CV assistance using other funds at their disposal. In February 2023 Concord, in alignment with the Consortium jurisdictions, reviewed with HUD the CDBG-CV funding guidance that allowed for funds to be used as a homeless/COVID exposure prevention measure.

Shelter, Inc. is now able to assist households who provided self-attestation that their need is a result of the COVID-19 pandemic.

Although the number of tenants who qualify for CDBG-CV assistance is declining, there is still a need for rental assistance for tenants impacted by the crisis. Of the original allocation of $689,352, $214,481 remains in the contract as of March 2023. This is largely due to the fact that the State stopped accepting applications for its program on March 31, 2022, and the protections for tenants applying for State ERAP funds sunset on June 30, 2022. The average assistance per household is $6,500, and Shelter, Inc. projects that it can serve approximately 32 households with the remaining funds.

Extending the Shelter, Inc. contract to June 30, 2024 will allow the agency to continue to provide assistance and allow time for staff to monitor and close out the program. The proposed amendment increases the contract goal amount of 50 households to 100 households, to reflect the actual number of households served to date (68) and the 32 households that are projected to be served using the remaining funds.

ECHO-Housing: Tenant/Landlord Counseling and Legal Services (see Attachment 2) For many years, the City of Concord, the County and the State at large, have faced an unprecedented eviction and housing crisis, exacerbated and amplified by the COVID-19 pandemic. To mitigate the effect on low-income tenants, the City allocated $245,000 in CDBG-CV funds to ECHO Housing to provide Tenant/Landlord Counseling and Legal Services to tenants and landlords. ECHO entered into a Memorandum of Understanding (MOU) with Centro Legal de la Raza (Centro Legal) to provide eviction defense to lowincome tenants. This recommendation was developed with input from community partners including Monument Impact, East Bay Housing Organization, Raise the Roof, ECHO Housing, and Centro Legal de la Raza, and funding was divided as follows:
 $25,000 to ECHO
 $220,000 to Centro Legal de la Raza
ECHO Housing, the City’s current Fair Housing and Tenant/Landlord Services provider, provides intake and counseling and mediation services to tenants and landlords. Centro Legal, a non-profit organization that provides legal services to low-income tenants,

City Council Agenda Report
Agenda Item No. 5.p
June 27, 2023
provides legal representation and legal counseling/advice. Services are provided regardless of immigration status.

This arrangement between ECHO and Centro Legal was adopted by Antioch, Walnut Creek, and Contra Costa County. Developing a Countywide plan allowed for the provision of more effective and comprehensive services to all tenants while also maximizing funding dollars for all jurisdictions.

Between June 2021 and June 2023, ECHO and Centro Legal provided services to 71 Concord households, conducted 5 “Know Your Rights” webinars and provided workshops/clinics to 21 clients. Centro Legal served double the number of clients in FY 22/23 compared to FY 21/22. Factors that contributed to the increase in numbers served was staffing capacity and availability of attorneys dedicated to Contra Costa County. Centro Legal estimates providing 15 consults and 3 representations in the first quarter of FY 23/24. Centro Legal anticipate completion of their subcontract before June 30, 2024.

Of the original allocation of $245,000, $72,507 remains in the agreement. Extending the agreement with ECHO Housing to June 30, 2024, will make available the tenant/landlord mediation and tenant legal services needed by Concord tenants. The MOU between ECHO Housing and Centro Legal will also be extended. This will allow time for staff to monitor and close out the program.

COVID-19 caused unforeseen obstacles for grantees implementing CDBG-CV assisted activities. HUD recognizes that fast moving and overlapping funding sources compounded the challenges experienced by grantees to expend CDBG-CV funds. HUD observed that many CDBG-CV grantees need more time to achieve the 80% expenditure target. In April 2024, HUD published Federal Register Notice 621-N-02 that waived the requirement that jurisdictions expend 80% of CDBG-CV funds within three years. The period of performance requirement provides grantees with six years to fully expend CDBG awards. Concord must expend all CDBG-CV funds by July 29, 2026.

Financial Impact
There is no fiscal impact to the City. The actions before Council extend agreements to allow for the expenditure of the Community Development Block Grant-Coronavirus (CDBG-CV) funds allocated under the Coronavirus Aid, Relief and Economic Security (CARES) Act of 2020. No general fund monies have been allocated.

Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), the extension of the agreements for existing services does not constitute a “project” within the meaning of Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c),

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Agenda Item No. 5.p
June 27, 2023
15061(b), and 15378 because there is no potential that the activity will result in a direct or reasonably foreseeable indirect physical change in the environment. Moreover, even if f this were determined to be a “project” for CEQA analysis, this activity falls within the "common sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgement and analysis.

Public Contact
The City Council agenda has been posted.

Attachments

1. Amendment extending the agreement with Shelter, Inc. for the Emergency Rental Assistance Program from June 30, 2023 to June 30, 2024, with Exhibits A – C

2. Amendment extending the agreement with ECHO Housing for the Tenant/Landlord Counseling and Legal Services from June 30, 2023 to June 30, 2024, with Exhibits A – C

3 rd Amendment to CDBG 20-20 CV Funds – FY 2023-24 – SHELTER, Inc. – Homeless Prevention & Rapid Rehousing Program-CV - Page 1 of 8 AMENDMENT TO AGREEMENT (CDBG-CV 20-20)

BETWEEN CITY OF CONCORD
AND
SHELTER, INC.

COMMUNITY DEVELOPMENT BLOCK GRANT – CORONAVIRUS RESPONSE GRANTS This Amendment is to the Agreement entered into on April 1, 2020, (“EFFECTIVE DATE”) by and between the CITY OF CONCORD, a municipal corporation, (“CITY”) and Shelter, Inc. (hereinafter "SUBRECIPIENT").

WHEREAS, the CITY and SUBRECIPIENT entered into an agreement dated April 1, 2020, to provide needed services to low and moderate-income persons within the CITY impacted by the COVID-19 crisis, which would not otherwise be possible without these funds, and;
WHEREAS, the parties hereto desire to amend the agreement to extend the term of the Agreement through June 30, 2024, without change to the payment amount.

NOW, THEREFORE, in consideration of the promises and conditions set forth herein, the parties mutually agree to the following amendments. All language in the Agreement not referenced in this Amendment shall remain unchanged:

Section I. SCOPE OF SERVICE,
B. National Objective:

The Subrecipient certifies, and agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this Agreement meet CDBG-CV Program's national objective of benefiting low/moderate income persons impacted by the COVID-19 crisis.

The individuals served by the Program must be extremely low-, very low- and low-income as defined by the U.S. Department of Housing and Urban Development (HUD). Low-income households are defined as households at or below eighty percent (80%) of the area median income (AMI) as adjusted for household size and defined by HUD for the Oakland Primary Statistical Area. Very low-income households are defined as households with incomes at or below fifty percent (50%) of the AMI.

Extremely low-income households are defined as households with incomes at or below thirty percent (30%) of the AMI. CDBG-CV maximum income limits for extremely low-, very low-, and low-income households are provided in Exhibit A.

For the purposes of this Program, required client income documentation is as follows:

Demonstration of participation in Medi-Cal, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or other public assistance or public welfare program, at least as restrictive as that used by HUD. This may be documented by including a copy of the Medi-Cal card, etc. included in each case file. If a client does not participate in one of the above programs, the Subrecipient must document income by obtaining copies of pay stubs, third party verification, bank account statements, etc. This documentation must also be included in each case file.

Attachment 1

3 rd Amendment to CDBG 20-20 CV Funds – FY 2023-24 – SHELTER, Inc. – Homeless Prevention & Rapid Rehousing Program-CV - Page 2 of 8 C. Level of Accomplishment:

In addition to the normal administrative services required as part of this Agreement, the Subrecipient agrees to operate the Program throughout the term of this Agreement. The Subrecipient is responsible for employing a trained and qualified staff and a sufficient number of volunteers needed to carry out the Program.

Objective: Creating a Suitable Living Environment.

Outcome: Availability/Accessibility.

Indicator: Number of persons assisted with access to new or improved services.

Primary Outcome/Goal statement: The Homeless Prevention program will help to prevent homelessness for households who are at immediate risk of losing their home due to loss of income as a direct result of the COVID-19 pandemic by providing financial assistance in the form of rental and/or utilities arrears for a maximum of three months. Preference will be given to families with children and seniors. Assistance will be provided to 100 households.

Section II of the Agreement, TIME OF PERFORMANCE, is hereby amended to read as follows:

Services of the Subrecipient shall start on the 1st day of April, 2020, and end on the 30th day of June, 2024, as amended by this Amendment unless terminated earlier in accordance with the terms of this Agreement. The term of this Agreement and the provisions herein may be extended to cover any additional time period during which the Subrecipient may remain in control of CDBG-CV funds or other assets including program income, at City's sole discretion. The Subrecipient shall receive CDBG-CV funds contingent on the availability of funds and satisfactory Program performance.

Quarterly report, Expense Summary, Sources and Uses report, Request for Reimbursement and Board of Directors meeting minutes are due no later than:

Period to be covered Due Date
Quarterly Report (July 1, 2023 – September 30, 2023) October 15, 2023 Quarterly Report (October 1, 2023 - December 31, 2023) January 15, 2024 Quarterly Report (January 1, 2024 - March 31, 2024) April 15, 2024 Quarterly Report (April 1, 2024 - June 30, 2024) July 15, 2024 Closeout Reports As Requested
Section III of the Agreement, PAYMENT:

It is expressly agreed and understood that the total amount to be paid by the City under this Amendment to Agreement shall not exceed Six Hundred Eighty Nine Thousand Three Hundred Fifty Two Dollars ($689,352 CDBG-CV funds). To the extent practicable, the use of CDBG-CV funds shall be used on a pro rata basis with other funds provided to this Program. Requests for reimbursement of eligible expenses shall be based upon information submitted by the Subrecipient consistent with the approved Annual Agreement Budget, attached hereto and made a part hereof as Exhibit B, which shall supersede and

3 rd Amendment to CDBG 20-20 CV Funds – FY 2023-24 – SHELTER, Inc. – Homeless Prevention & Rapid Rehousing Program-CV - Page 3 of 8 replace the Exhibit B attached to the original Agreement. Requests for reimbursement must be completed online in City Data Services and a signed hard copy mailed via United States Postal Service with the backup specified in the Consortium Demand Procedures (Exhibit C). At a minimum, requests for reimbursement must be submitted on a quarterly basis. Demands may be submitted more frequently, if needed. The payment of requests for reimbursement is contingent upon the timely submission of Quarterly Reports, Sources and Uses reports, and any other required reports and/or documents.

Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in OMB Circular A-110, and as specified in Section VII C.4, Payment Procedures.

Section IV of the Agreement, NOTICES:

All notices required by this Agreement must be in writing and delivered via United States Postal Service, certified and with postage prepaid or by commercial courier or personal delivery. Any notice delivered or sent in the manner described above shall be effective on the date of delivery or sending. All notices and other written communication concerning this Agreement and/or any amendments hereto shall be directed to the following, unless otherwise modified by written notice:

TO CITY: Leng Power
Community Services Manager
City of Concord
1950 Parkside Drive, MS/10A
Concord, CA 94519-2578
Telephone: 925-603-5838
E-mail: [email protected]
TO SUBRECIPIENT: John Eckstrom, Chief Executive Officer SHELTER, Inc.

PO Box 5368
Concord, CA 94524
Telephone: 925-335‐0698
Email: [email protected]
Except as expressly amended herein, all terms and conditions of the Agreement remain in full force and effect.

3 rd Amendment to CDBG 20-20 CV Funds – FY 2023-24 – SHELTER, Inc. – Homeless Prevention & Rapid Rehousing Program-CV - Page 4 of 8 IN WITNESS WHEREOF, the parties have executed this Amendment to Agreement.

Shelter, Inc., a California nonprofit corporation.

By:

John Eckstrom
[email protected]
Chief Executive Officer
City of Concord, a municipal corporation:

By:

Valerie Barone
City Manager
APPROVED AS TO FORM:

By:

Susanne Meyer Brown
City Attorney
ATTEST:

By:

Joelle Fockler, MMC
City Clerk
FINANCE DIRECTOR'S CERTIFICATION: CONCORD, CA
DATE: _______________
I hereby certify that adequate funds exist or will be received during the fiscal year 2022/23 to pay the anticipated expenses to be incurred pursuant to this contract. To wit: the sum of Six Hundred Eighty Nine Thousand Three Hundred Fifty Two Dollars ($689,352 CDBG-CV funds) from Account # 254 9500 C999-66000 / 254 2544 211-66000
________________________________

FINANCE DIRECTOR'S SIGNATURE

3 rd Amendment to CDBG 20-20 CV Funds – FY 2023-24 – SHELTER, Inc. – Homeless Prevention & Rapid Rehousing Program-CV - Page 5 of 8

EXHIBIT A
Income Limits

CONTRA COSTA COUNTY

CDBG PROGRAM
Income Limits by Household Size - Effective June 15, 2023 Maximum income of households which are:

Persons per
Household
Extremely LowIncome
(30% of AMI)
Very-low Income
(50% of AMI)
Low Income
(80% of AMI)
1 $31,050 $51,800 $78,550
2 $35,500 $59,200 $89,750
3 $39,950 $66,600 $100,950
4 $44,350 $73,950 $112,150
5 $47,900 $79,900 $121,150
6 $51,450 $85,800 $130,100
7 $55,000 $91,700 $139,100
8 $58,550 $97,650 $148,050
Extremely low-income households are defined as households earning 30 percent or less of area median income (AMI) ; very-low income households earn 50 percent or less AMI; low-income households earn 80 percent or less AMI subject to HUD caps; and median households earn 100 percent AMI.

Source: U.S. Department of Housing and Urban Development.

3 rd Amendment to CDBG 20-20 CV Funds – FY 2023-24 – SHELTER, Inc. – Homeless Prevention & Rapid Rehousing Program-CV - Page 6 of 8

EXHIBIT B
2020/2024 AGREEMENT BUDGET
Agency: SHELTER, Inc.

Program: Homeless Prevention Program
Budget Item
Concord

CDBG-CV
Funds
Other Funds Total
Staff Salaries
Project/Prog. Mgr. 0% FTE $0.00 $16,571 $16,571
Case Manager 0% FTE $0.00 $20,000 $20,000
Program Director 100% FTE $4,158.00 $34,649 $38,807
Program Manager 100% FTE $2,602.00 $78,938 $81,540
Case Manager 100% FTE $2,143.00 $42,136 $44,279
Program Specialists 900% FTE $16,874.00 $150,174 $167,048 Housing Resource
Specialist 25% FTE $2,449.00 $29,406 $31,855
Program Director, Data
Analytics 100% FTE $1,039.00 $32,938 $33,977
Data Analyst 100% FTE $2,602.00 $54,982 $57,584
Accounting Clerk and
HR clerk 200% FTE $9,550.00 $85,159 $94,709
0% FTE $0 $16,975 $16,975
0% FTE $0 $32,250 $32,250
Employee Benefits $13,220.00 $189,633 $202,853
Employee Taxes $4,174.00 $59,623 $63,797
Subtotal $58,811 $843,434 $902,245
Other Expenses
Financial Assistance - Prevention $531,482.00 $4,725,466 $5,256,948 Financial Assistance - Rapid Rehousing $0.00 $81,441 $81,441 Client Emergency Needs $20,089.00 $75,896 $95,985
Indirect Costs $78,970.00 $718,283 $797,253
Marketing/Outreach $0 $20,000 $20,000
Subcontracts-marketing/outreach $0 $20,000 $20,000
Subtotal $630,541 $5,641,086 $6,271,627
TOTAL: $689,352 $6,484,520 $7,173,872
Source of Other Funds
Antioch CDBG $940,000
Pittsburg CDBG $534,368
Walnut Creek CDBG $342,465
Contra Costa CDBG $3,927,687
ESG Contra Costa $130,000
ESG State $130,000
Foundations, Individuals and other Fundraising $480,000 TOTAL: $6,484,520
Exhibit C

3 rd Amendment to CDBG 20-20 CV Funds – FY 2023-24 – SHELTER, Inc. – Homeless Prevention & Rapid Rehousing Program-CV - Page 7 of 8 Community Development Block Grant (CDBG)
Request for Reimbursement Procedures
The pre-reimbursement requirements, procedures and back-up documentation required for requesting payment from Concord uses an online Request for Reimbursement form on City Data Services.

APPLICABLE FEDERAL REGULATIONS
 Circular A-110: Administrative Requirements for Federal Grants Awarded to Non-Profit Organizations  Circular A-122: Cost Principles for Non-Profit Organizations The OMB circulars can be downloaded off the Internet by going to the website http://www.hud.gov (click on search, which brings up a site index, click on publications, click on OMB circulars).

GENERAL INFORMATION
 Requests for Reimbursement are paid, as the name implies, on a reimbursement basis and should be submitted at a minimum quarterly, or more frequently, if needed.
 To the extent practicable, CDBG funds should, during the year, be disbursed on a pro rata basis with other finances provided to the project.
 Current quarterly reports MUST be received in order to process any claim for payment.  If changes in staff occur during the program year, written notification must be sent to affected Consortium members, and the program staff list must be updated in City Data Services, within 10 working days.  If your organization moves to a new location, please notify CDBG staff of the new address in writing in a timely manner.
 Agencies that expend $500,000 or more in a year in Federal awards are required to have a single audit conducted for that year. Please upload a copy of the Single Audit in City Data Services and notify ALL funding jurisdictions.

BEFORE PROCESSING REQUESTS FOR REIMBURSEMENT, THE FOLLOWING MUST BE PROVIDED:
 A fully executed project agreement.
 Current insurance certificate(s). Insurance must be kept current throughout the contract year.  A program staff list (if funding is for personnel) listing all employees who will be working on the program along with their titles, list of CDBG activities and tasks, hourly pay rates or billable rates and approximate percentage of a full time equivalent (FTE) to be spent on the program per pay period.  An Authorized Signatory Form uploaded to City Data Services.  Completed NEPA review and, if applicable, obtained a release of funds from HUD. (Completed by CDBG Staff)

SUBMITTING CITY REQUESTS FOR REIMBURSEMENT
 To request payment from Consortium cities, use the Request for Reimbursement form on City Data Services.  In City Data Services, complete the following:
1) Expense Summary;
2) Quarterly Sources and Uses Report. Click on “import expenses from expense summary” to populate the expense fields;
3) Request for Reimbursement. Click on “import values” for the appropriate quarter to populate the fields with expenses from the Sources and Uses.

Exhibit C

3 rd Amendment to CDBG 20-20 CV Funds – FY 2023-24 – SHELTER, Inc. – Homeless Prevention & Rapid Rehousing Program-CV - Page 8 of 8  Submit the form. Go to the yellow Reports page and print the form. The submitted Request for Reimbursement must have an original signature in blue ink. Mail to the city contact for which you are requesting reimbursement along with any necessary backup documentation. Attach the Daily Time Tracking Sheet for staff being paid by CDBG and also upload it to the Expense Summary in City Data Services.  To the Request for Reimbursement form, attach the Expense Summary Form from City Data Services which details all personnel and operating expenses.
 Before submitting your final Request for Reimbursement, if it appears that you will exceed a line item by more than 10%, request a budget modification from your city grant contact.

REQUIRED DOCUMENTATION FOR ALL REQUESTS FOR REIMBURSEMENTS Ongoing Subrecipients (funded in the prior program year) are required to submit:
 A detailed Expense Summary Form in City Data Services with each reimbursement request along with vendor invoices.
 The personnel expense summary will show for each employee whose costs are being claimed: the number of hours worked on the program each pay period, the number of hours for which reimbursement is being requested, the hourly pay rate/billable rate and the corresponding check numbers and check dates, as well as the amounts being claimed for taxes and benefits.
 The operating expense summary will show the amounts being claimed for reimbursement along with the corresponding vendor references, payment dates and check numbers.  NEW: Daily Time Tracking Sheet with a breakdown of staff hours, activities and tasks for each CDBG jurisdiction.

New Subrecipients are required to submit:
 The Expense Summary Form AND for the first six months of the program year source documentation for personnel costs claimed, consisting of employee time sheets and payroll registers/earnings reports.  Copies of vendor invoices AND for the first six months of the program year copies of the checks.  Time Tracker Activity Log with a breakdown of staff hours, activities and tasks for each CDBG jurisdiction.

NON-ALLOWABLE EXPENSES
It is our policy not to reimburse Subrecipients for the following expenses:
 cost of food, drinks, or food related items, unless these expenses directly pertain to the program services provided  computer hardware or software costs (unless prior approval is granted)  cellular phone expense (unless prior approval is granted)  fundraising costs
 costs of recruiting staff or volunteers
 employee bonuses
 training costs, unless the training directly pertains to the provision of program services.

AFTER DEMANDS ARE RECEIVED
 After receiving requests for payment, CDBG staff review them for compliance with project agreement specifications, eligibility of expenses, and compliance with regulations.  Demands take approximately two to three weeks to process providing everything is in order.  Payment of demands is contingent on the timely submission of all required reports.

3 rd Amendment to CDBG 20-23 CV Grant – ECHO Housing –
Tenant/Landlord Counseling Services & Legal Services by Centro Legal de la Raza - Page 1 of 8 AMENDMENT TO AGREEMENT (CDBG-CV 20-23)

BETWEEN CITY OF CONCORD
AND

ECHO HOUSING
COMMUNITY DEVELOPMENT BLOCK GRANT – CORONAVIRUS RESPONSE GRANTS This Amendment is to the Agreement entered into on September 1, 2020, (“EFFECTIVE DATE”) by and between the CITY OF CONCORD, a municipal corporation, (“CITY”) and ECHO Housing (hereinafter "SUBRECIPIENT").

WHEREAS, the CITY and SUBRECIPIENT entered into an agreement dated September 1, 2020, to provide needed services to low and moderate-income persons within the CITY impacted by the COVID19 crisis, which would not otherwise be possible without these funds, and; WHEREAS, the parties hereto desire to amend the agreement to extend the term of the Agreement through June 30, 2024, without change to the payment amount.

NOW, THEREFORE, in consideration of the promises and conditions set forth herein, the parties mutually agree to the following amendments. All language in the Agreement not referenced in this Amendment shall remain unchanged:

I. SCOPE OF SERVICE:

B. National Objectives
The Subrecipient certifies, and agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this Agreement meet CDBG-CV Program's national objective of benefiting low/moderate income persons impacted by the COVID-19 crisis.

The individuals served by the Program must be extremely low-, very low- and low-income as defined by the U.S. Department of Housing and Urban Development (HUD). Low-income households are defined as households at or below eighty percent (80%) of the area median income (AMI) as adjusted for household size and defined by HUD for the Oakland Primary Statistical Area. Very low-income households are defined as households with incomes at or below fifty percent (50%) of the AMI. Extremely low-income households are defined as households with incomes at or below thirty percent (30%) of the AMI. CDBG-CV maximum income limits for extremely low-, very low-, and low-income households are provided in Exhibit A.

For the purposes of this Program, required client income documentation is as follows:

Demonstration of participation in Medi-Cal, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or other public assistance or public welfare program, at least as restrictive as that used by HUD. This may be documented by including a copy of the Medi-Cal card, etc. included in each case file. If a client does not participate in one of the above programs, the Subrecipient must document income by obtaining copies of pay stubs, third party verification, bank account statements, etc. This documentation must also be included in each case file.

Attachment 2

3 rd Amendment to CDBG 20-23 CV Grant – ECHO Housing –
Tenant/Landlord Counseling Services & Legal Services by Centro Legal de la Raza - Page 2 of 8 C. Levels of Accomplishment
In addition to the normal administrative services required as part of this Agreement, the Subrecipient agrees to operate the Program throughout the term of this Agreement. The Subrecipient is responsible for employing a trained and qualified staff and a sufficient number of volunteers needed to carry out the Program.

Objective: Creating a Suitable Living Environment.

Outcome: Availability/Accessibility.

Indicator: Number of persons assisted with access to new or improved services.

Primary Outcome/Goal statement: The Tenant/Landlord Counseling Services and Legal Services program will help to prevent homelessness by providing intake, counseling and legal services to tenants at risk of eviction to help them maintain their housing. Assistance will be provided to 150 households.

II. TIME OF PERFORMANCE, is hereby amended to read as follows:

Services of the Subrecipient shall start on the 1st day of September, 2020, and end on the 30th day of June, 2024, as amended by this Amendment unless terminated earlier in accordance with the terms of this Agreement. The term of this Agreement and the provisions herein may be extended to cover any additional time period during which the Subrecipient may remain in control of CDBG-CV funds or other assets including program income, at City's sole discretion.

The Subrecipient shall receive CDBG-CV funds contingent on the availability of funds and satisfactory Program performance.

Quarterly report, Expense Summary, Sources and Uses report, Request for Reimbursement and Board of Directors meeting minutes are due no later than:

Period to be covered Due Date
Quarterly Report (July 1, 2023 – September 30, 2023) October 15, 2023 Quarterly Report (October 1, 2023 - December 31, 2023) January 15, 2024 Quarterly Report (January 1, 2024 - March 31, 2024) April 15, 2024 Quarterly Report (April 1, 2024 - June 30, 2024) July 15, 2024 Closeout Reports As Requested
III. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the CITY under this Agreement shall not exceed Two Hundred and Forty-Five Thousand Dollars ($245,000 CDBG-CV funds). To the extent practicable, the use of CDBG-CV funds shall be used on a pro rata basis with other funds provided to or by Subrecipient for this Program. Requests for reimbursement of eligible expenses shall be based upon information submitted by the Subrecipient consistent with the approved Annual Agreement Budget, attached hereto and made a part hereof as Exhibit B. Requests for reimbursements must be completed online in CITY Data Services and a signed hard copy mailed via United States Postal Service with the backup specified in the Consortium Demand Procedures (Exhibit C). At a minimum, demands must be submitted on a quarterly basis. Demands may be submitted more frequently, if needed. The

3 rd Amendment to CDBG 20-23 CV Grant – ECHO Housing –
Tenant/Landlord Counseling Services & Legal Services by Centro Legal de la Raza - Page 3 of 8 payment of demands is contingent upon the timely submission of Quarterly Reports, Sources and Uses reports, and any other required reports and/or documents.

Payments may be contingent upon certification of the Subrecipients financial management system in accordance with the standards specified in OMB Circular A-110, and as specified in Section VII C.4, Payment Procedures.

IV. NOTICES
All notices required by this Agreement must be in writing and delivered via United States Postal Service, certified and with postage prepaid or by commercial courier or personal delivery. Any notice delivered or sent in the manner described above shall be effective on the date of delivery or sending. All notices and other written communication concerning this Agreement and/or any amendments hereto shall be directed to the following, unless otherwise modified by written notice:

TO CITY: Leng Power
Community Services Manager
City of Concord
1950 Parkside Drive, MS/10A
Concord, CA 94519-2578
Telephone: 925-603-5838
E-mail: [email protected]
TO SUBRECIPIENT: Marjorie Rocha, Executive Director
22551 Second St Suite 200
Hayward, CA 94541
Telephone: 510-581-9380
Email: [email protected]
Except as expressly amended herein, all terms and conditions of the Agreement remain in full force and effect.

3 rd Amendment to CDBG 20-23 CV Grant – ECHO Housing –
Tenant/Landlord Counseling Services & Legal Services by Centro Legal de la Raza - Page 4 of 8 IN WITNESS WHEREOF, the parties have executed this Agreement.

ECHO Housing, a nonprofit corporation:

By:______________________________
Marjorie Rocha
[email protected]
Executive Director
By:______________________________
Daniel Taylor
[email protected]
Board Chair
CITY of Concord, a municipal corporation:

By:______________________________
Valerie Barone
City Manager
ATTEST: APPROVED AS TO FORM
_______________________
Joelle Fockler, MMC
City Clerk
______________________________
Susanne Meyer Brown
City Attorney
FINANCE DIRECTOR'S CERTIFICATION: CONCORD, CA 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. To wit: the sum of $245,000 (CDBG-CV) from Account # 254 9500 C999-66000 / 254 2544 211-66000 _______________________________

FINANCE DIRECTOR'S SIGNATURE

3 rd Amendment to CDBG 20-23 CV Grant – ECHO Housing –
Tenant/Landlord Counseling Services & Legal Services by Centro Legal de la Raza - Page 5 of 8

EXHIBIT A
Income Limits

CONTRA COSTA COUNTY

CDBG PROGRAM
Income Limits by Household Size - Effective June 15, 2023 Maximum income of households which are:

Persons per
Household
Extremely LowIncome
(30% of AMI)
Very-low Income
(50% of AMI)
Low Income
(80% of AMI)
1 $31,050 $51,800 $78,550
2 $35,500 $59,200 $89,750
3 $39,950 $66,600 $100,950
4 $44,350 $73,950 $112,150
5 $47,900 $79,900 $121,150
6 $51,450 $85,800 $130,100
7 $55,000 $91,700 $139,100
8 $58,550 $97,650 $148,050
Extremely low-income households are defined as households earning 30 percent or less of area median income (AMI) ; very-low income households earn 50 percent or less AMI; low-income households earn 80 percent or less AMI subject to HUD caps; and median households earn 100 percent AMI.

Source: U.S. Department of Housing and Urban Development.

3 rd Amendment to CDBG 20-23 CV Grant – ECHO Housing –
Tenant/Landlord Counseling Services & Legal Services by Centro Legal de la Raza - Page 6 of 8

EXHIBIT B
FY 2022/23AGREEMENT BUDGET
Agency: ECHO Housing
Program: Tenant/Landlord Counseling and Dispute Resolution Services Budget Item
Concord

CDBG-CV
Funds
Other Funds Total
Staff Salaries
Executive Director 10% FTE $1,829.00 $13,781 $15,610
Executive Assistant 6% FTE $834.00 $6,285 $7,119
Sr. Bookkeeper 8% FTE $1,310.00 $9,868 $11,178
Asst. Bookkeeper 1% FTE $0.00 $924 $924
Office Manager 10% FTE $1,176.00 $8,858 $10,034
Housing Programs
Coordinator 6% FTE $834.00 $6,285 $7,119
Tenant/Landlord
Counselor CCC 84% FTE $11,794.00 $44,291 $56,085
Tenant/Landlord
Counselor 0% FTE $0 $35,544 $35,544
Housing Counselor - SL 0% FTE $0 $6,003 $6,003
Employee Benefits $2,238.00 $16,852 $19,090
Employee Taxes $1,558.00 $11,574 $13,132
Subtotal $21,573 $160,265 $181,838
Other Expenses
Rent $1,322.00 $15,427 $16,749
Office Supplies $172.00 $1,276 $1,448
Telephone $363.00 $4,552 $4,915
Travel $0 $500 $500
Advertising $546.00 $2,637 $3,183
Training/Education $85.00 $1,432 $1,517
Memberships/Publication $22.00 $169 $191
Subcontract w/Attorney $0.00 $27,318 $27,318
Clinic Fees $0.00 $9,051 $9,051
Indirect Costs $917.00 $6,913 $7,830
Subcontract w/Centro Legal $220,000.00 $630,000 $850,000 Subtotal $223,427 $699,275 $922,702
TOTAL: $245,000 $859,540 $1,104,540
Source of Other Funds
Antioch CDBG $90,000
Contra Costa CDBG $600,000
Local/CPHHCD $40,000
CDBG $114,540
Local $15,000
TOTAL: $859,540

EXHIBIT C
Community Development Block Grant (CDBG-CV)

3 rd Amendment to CDBG 20-23 CV Grant – ECHO Housing –
Tenant/Landlord Counseling Services & Legal Services by Centro Legal de la Raza - Page 7 of 8 Request for Reimbursement Procedures
The pre-reimbursement requirements, procedures and back-up documentation required for requesting payment from Concord uses an online Request for Reimbursement form on City Data Services.

APPLICABLE FEDERAL REGULATIONS
 Circular A-110: Administrative Requirements for Federal Grants Awarded to Non-Profit Organizations  Circular A-122: Cost Principles for Non-Profit Organizations The OMB circulars can be downloaded off the Internet by going to the website http://www.hud.gov (click on search, which brings up a site index, click on publications, click on OMB circulars).

GENERAL INFORMATION
 Requests for Reimbursement are paid, as the name implies, on a reimbursement basis and should be submitted at a minimum quarterly, or more frequently, if needed.  To the extent practicable, CDBG-CV funds should, during the year, be disbursed on a pro rata basis with other finances provided to the project.
 Current quarterly reports MUST be received in order to process any claim for payment.  If changes in staff occur during the program year, written notification must be sent to affected Consortium members, and the program staff list must be updated in City Data Services, within 10 working days.
 If your organization moves to a new location, please notify CDBG-CV staff of the new address in writing in a timely manner.
 Agencies that expend $500,000 or more in a year in Federal awards are required to have a single audit conducted for that year. Please upload a copy of the Single Audit in City Data Services and notify ALL funding jurisdictions.

BEFORE PROCESSING REQUESTS FOR REIMBURSEMENT, THE FOLLOWING MUST BE PROVIDED:
 A fully executed project agreement.
 Current insurance certificate(s). Insurance must be kept current throughout the contract year.  A program staff list (if funding is for personnel) listing all employees who will be working on the program along with their titles, list of CDBG-CV activities and tasks, hourly pay rates or billable rates and approximate percentage of a full time equivalent (FTE) to be spent on the program per pay period.  An Authorized Signatory Form uploaded to City Data Services.  Completed NEPA review and, if applicable, obtained a release of funds from HUD. (Completed by CDBG-CV Staff)

SUBMITTING CITY REQUESTS FOR REIMBURSEMENT
 To request payment from Consortium cities, use the Request for Reimbursement form on City Data Services.
 In City Data Services, complete the following:
1) Expense Summary;
2) Quarterly Sources and Uses Report. Click on “import expenses from expense summary” to populate the expense fields;
3) Request for Reimbursement. Click on “import values” for the appropriate quarter to populate the fields with expenses from the Sources and Uses.

EXHIBIT C

3 rd Amendment to CDBG 20-23 CV Grant – ECHO Housing –
Tenant/Landlord Counseling Services & Legal Services by Centro Legal de la Raza - Page 8 of 8  Submit the form. Go to the yellow Reports page and print the form. The submitted Request for Reimbursement must have an original signature in blue ink. Mail to the city contact for which you are requesting reimbursement along with any necessary backup documentation. Attach the Daily Time Tracking Sheet for staff being paid by CDBG-CV and also upload it to the Expense Summary in City Data Services.
 To the Request for Reimbursement form, attach the Expense Summary Form from City Data Services which details all personnel and operating expenses.
 Before submitting your final Request for Reimbursement, if it appears that you will exceed a line item by more than 10%, request a budget modification from your city grant contact.

REQUIRED DOCUMENTATION FOR ALL REQUESTS FOR REIMBURSEMENTS Ongoing Subrecipients (funded in the prior program year) are required to submit:
 A detailed Expense Summary Form in City Data Services with each reimbursement request along with vendor invoices.
 The personnel expense summary will show for each employee whose costs are being claimed: the number of hours worked on the program each pay period, the number of hours for which reimbursement is being requested, the hourly pay rate/billable rate and the corresponding check numbers and check dates, as well as the amounts being claimed for taxes and benefits.  The operating expense summary will show the amounts being claimed for reimbursement along with the corresponding vendor references, payment dates and check numbers.  NEW: Daily Time Tracking Sheet with a breakdown of staff hours, activities and tasks for each CDBG-CV jurisdiction.

New Subrecipients are required to submit:
 The Expense Summary Form AND for the first six months of the program year source documentation for personnel costs claimed, consisting of employee time sheets and payroll registers/earnings reports.
 Copies of vendor invoices AND for the first six months of the program year copies of the checks.  Time Tracker Activity Log with a breakdown of staff hours, activities and tasks for each CDBG-CV jurisdiction.

NON-ALLOWABLE EXPENSES
It is our policy not to reimburse Subrecipients for the following expenses:
 cost of food, drinks, or food related items, unless these expenses directly pertain to the program services provided
 computer hardware or software costs (unless prior approval is granted)  cellular phone expense (unless prior approval is granted)  fundraising costs
 costs of recruiting staff or volunteers
 employee bonuses
 training costs, unless the training directly pertains to the provision of program services.

AFTER DEMANDS ARE RECEIVED
 After receiving requests for payment, CDBG-CV staff review them for compliance with project agreement specifications, eligibility of expenses, and compliance with regulations.  Demands take approximately two to three weeks to process providing everything is in order.  Payment of demands is contingent on the timely submission of all required reports.

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: Justin Bosch, PE, Associate Civil Engineer [email protected]
(925) 671-5008
Subject: Considering rejection of all bids submitted for the Transportation Offices at Corporation Yard and Corporation Yard Admin Roof Replacement (Project Nos. 2648 & 2659).

CEQA: Not applicable pursuant to Public Resources Code
Section 21065, CEQA Guidelines Sections 15060(c), 15270, and/or 15378.

Report in Brief
The City designed and competitively bid a project to construct a Transportation Management Center and replace certain portions of roofing at the Corporation Yard; two bids were received (see Attachment 2 for bid summary). Giant Construction (Giant) was considered the low bidder at $1,098,700, which is higher than both the $575,000 budgeted for this phase of the project and the architect’s estimate of $942,000. The cost of the project was greater than originally budgeted due to the age of an existing building and change in use of the space, and the additional requirements needed to meet building, ADA, and seismic codes for the changed use. Staff is recommending rejection of all received bids and is currently evaluating potential alternatives to this project such as modular office units.

5.q

City Council Agenda Report
Agenda Item No. 5.q
June 27, 2023
Recommended Action
Reject all bids submitted for the Transportation Offices at Corporation Yard and Corporation Yard Admin Roof Replacement (Project Nos. 2648 & 2659).

Background
The Public Works Department is working to co-locate its Transportation Division teams at the Corporation Yard for improved cohesion and communication. In addition, the City is investing in the development of a state-of-the-art Transportation Management Center (TMC), which will act as an emergency management center during critical events. The TMC was envisioned to occupy an unused portion of the existing carpenter shop and sewer offices. A component of this project is to replace and repair certain portions of the existing roof.

Analysis
On June 2, 2020, Council adopted the Capital Improvement Program (CIP) Budget for Fiscal Years 2020-21 and 2021-22 that was updated on June 6, 2021, with a mid-cycle update, which included the design and construction of the Corporation Yard Admin Roof Replacement. Subsequently, Council adopted the CIP Budget for FY 2022-23 and 2023-24 that provided for the design and construction of the Transportation Offices at Corporation Yard.

Design of the projects began in April 2022 and was recently completed in May 2023, when the project was advertised for bids.

Procurement Process
1) Construction Contract:

The project was advertised for construction bids as required by State law and City policy. Bids were opened on June 1, 2023. Two (2) bids were received in the amount ranging from $1,098,700 to $1,280,000. The Engineer’s Estimate for the Basis of Award was $942,000.

At bid opening, Giant Construction of Oakland, CA was the apparent low bidder. A summary of the bids, by schedule, is as follows:

Bid Schedule Design
Architect’s
Estimate
Giant
Construction
JPB Designs
Inc.

Base Bid Total $942,000 $1,098,700 $1,280,000
The basis of award for this project was the total base bid.

City Council Agenda Report
Agenda Item No. 5.q
June 27, 2023
Giant Construction (Giant), the apparent low bidder, submitted a responsible and responsive bid. Staff completed analysis of Giant’s bid, determining that this Contractor, along with its Subcontractors possess appropriate and valid licenses, and are not on any debarred lists. Giant is registered with the Department of Industrial Relations as required by SB 854.

The low bid is higher than the budgeted amount and the architect’s estimate due to additional requirements found during the final design and bidding period. As the proposed location for the Transportation offices is currently not being used as office space, conversion of this location to office space required additional cost to the project that was not foreseen when budgeting for this project. Staff is currently evaluating potential alternatives for the Transportation Offices that will not trigger the additional costly and time-consuming requirements for both this phase and the next phase of the project.

The bid rejection process was followed in accordance with the purchasing ordinance and Concord Municipal Code 3.10.030. All bidders were mailed a written notice at least 2 business days prior to this council meeting. After rejecting the bids, the City will evaluate potential alternatives.

The Corp Yard Admin Roof Replacement was bid together with the Transportation Offices therefore it will be also rejected as part of this report. Staff will replace the Corp Yard Admin Roof separately from this contract.

Financial Impact
Rejecting all bids will not incur any costs.

Environmental Determination
The rejection of a bid is not considered a project under CEQA, including Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15270, and/or 15378.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. Project Nos. 2648 & 2659 Bid Summary

ATTACHMENT 1
Project Location Map
Transportation Offices at Corporation Yard and
Corporation Yard Admin Roof Replacement
City Project No. 2648 & 2659

City of Concord
Bid Sheet
PROJECT 2648 & 2659 Bid Opening:

Transportation Offices at Corp Yard and
Admin Roof Replacement
Thursday,
June 1, 2023
2:00 p.m.

City Manager's Conference Room
Engineer’s Estimate: $942,000 To be awarded: N/A

COMPANY TOTAL BID
Giant Construction
6689 Skyline Blvd.

Oakland, CA 94611
$1,098,700
JPB Designs Inc.
5650 Man Ave, Suite 2
Orangevale, CA 95662
$1,280,000
Contact: Justin Bosch x5008
Attachment 2

Staff Report
Date: June 27, 2023
To: City Council/City Council Sitting as the Local Reuse Authority From: Valerie J. Barone, City Manager
Prepared by: Guy Bjerke, Director of Economic Development & Base Reuse [email protected]
(925) 671-3076
Subject: Considering the approval of 11 Professional Services Agreements (PSAs) for various consultant services for the Local Reuse Authority's (LRA) work related to the
redevelopment of the former Concord Naval Weapons Station (CNWS) for a total not-to-exceed amount of $329,000 through January 31, 2024; and authorizing the Executive Director of the LRA to execute the agreements in a form acceptable to the City Attorney. (Existing loans from the City to the LRA) CEQA: Not a project/exempt under Public Resources Code
Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), and/or 15378.

Report in Brief
The Local Reuse Authority has several primary responsibilities:

1. Oversees work related to the transfer of former Concord Naval Weapons Station property from the U.S. Navy to local recipients;

2. Monitors the Navy’s clean-up of contaminated parcels;

3. Obtains site-wide environmental permits from Resource agencies;

4. Assists the Master Developer with the writing of the Specific Plan; and

5. Manages the environmental analysis used to determine appropriate mitigations for project impacts.

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City Council Agenda Report
Agenda Item No. 5.r
June 27, 2023
These responsibilities are carried out by both city staff and outside, professional consultant resources.

Responsibilities #4 and #5 are being deferred until the LRA has chosen a new Master Developer and entered into an Exclusive Negotiating Agreement and Term Sheet with the new project partner. When the agreements with the new Master Developer are adopted, the LRA will return to Council with additional consulting contracts for Specific Plan, environmental analysis and amended scopes and budgets for required work by existing consultants to be paid for by the Master Developer.

The 11 Professional Service Agreements (PSA) covered in this staff report are summarized in Table 1. These agreements are focused on specific activities (Remediation monitoring, Site-wide Resource Permitting, and analysis around Term Sheet negotiation) necessary to keep forward momentum while conserving the funding resources available to the project. A summary of the scopes of work for each consultant is found under the Analysis section of this report.

The source of the funding for these agreements comes from the remaining balance of the previous loans from the City to the LRA and the FY 23/24 loan from the City to the LRA of $530,000 approved on June 13, 2023. The LRA loan account balance is currently estimated to be approximately $950,000. The total amount of funds loaned by the City to the LRA to date is approximately $14,610,000. The loan will be repaid, with interest, from land sales and leases within the former CNWS.

Recommended Action
Approve the 11 Professional Services Agreements as listed in Table 1; authorize the Executive Director of the LRA to execute the Agreements, in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report.

Background
For ease of tracking for the public and the council, LRA staff have consolidated the proposed Professional Service Agreements into one staff report. This format provides a comprehensive overview of the LRA’s planned work for Fiscal Year 2023-24.

Staff is not “rolling over” unspent balances or amending existing agreements to extend their term. Rather, these are new agreements focused on specific work scopes at constrained funding levels and the term of each agreement ends on January 31, 2024.

This approach will allow the Reuse Project to continue to operate within the resources loaned and allocated to the LRA by the City. By next January, LRA staff expects to return to Council with additional consulting contracts for Specific Plan, environmental analysis and amended scopes and budgets for required work by existing consultants to be paid for by the Master Developer.

City Council Agenda Report
Agenda Item No. 5.r
June 27, 2023
All of the consulting teams included in these PSA requests have demonstrated expertise in their field and a familiarity with the Reuse Project’s goals and objectives.

Table 1 provides a list of consultants with:

1. Their focused work scope description.

2. The funding source and the new “not to exceed” amount through January 31, 2024.

Please note that Table 1 only lists the proposed PSA expenditures for the LRA and does not include staff time and other components of the LRA Project budget.

Analysis
The following are summaries of work to be performed by the LRA’s consultant team in FY 23-24 (through January 31, 2024) under the proposed PSAs. Table 1 also reflects each consultant’s work and estimated costs from the time they joined the project to January 31, 2024. A more comprehensive summary of Project spending is found in the Program Report section in the Document Library of the Concord Reuse Project website found here: https://www.concordreuseproject.org/documentcenter.

Work by consultants related to site-wide efforts like remediation monitoring or resource permitting or not specifically related to future Term Sheet negotiation efforts are being funded by the LRA loan balance. All consultant work related to future Term Sheet negotiation efforts will be funded by a Master Developer deposit as provided for in a future Exclusive Agreement to Negotiate.

To assist with analysis of Statement of Qualifications from Master Developers and provide additional planning resources to the project, LRA staff is retaining PlaceWorks.

PlaceWorks replaces long-time project consultant ARUP, who concluded their association with the Reuse Project on June 30, 2022. PlaceWorks is well positioned to assist the LRA as they have worked on a previous draft Specific Plan for the CNWS and served as the lead consultant for planning and environmental review to the East Bay Regional Park District’s new regional park at the CNWS.

ALH Economics
ALH provides financial modeling analysis in support of property transfer from the Navy.  Preliminary assessment and input on financial impact from any policy changes to the Area Plan.
 Review of Statements of Qualifications submitted by Master Developer candidates.
(Funding: LRA Loan). Not to exceed amount - $35,000

City Council Agenda Report
Agenda Item No. 5.r
June 27, 2023
Burke Williams & Sorensen
Burke Williams & Sorensen provides legal counsel regarding transactions and agreements between the LRA, Master Developer and collaborating agencies.  Review of Statement of Qualifications submitted by Master Developer candidates.
 Review of proposed Exclusive Negotiating Agreement.
 Review of proposed Term Sheet.
 Draft and review proposed administrative Reimbursement Agreement.  Advice on any related matters as directed by LRA from time to time. (Funding: LRA Loan). Not to exceed amount - $60,000
ERS
ERS provides analysis and review of property remediation projects and future insurance requirements.
 Review of remediation documents for their impact on the Reuse Project.  Reports from the Project RPM meetings.
 Input on FOST and FOSL documents.
(Funding: LRA Loan). Not to exceed amount - $21,000
ESA
ESA provides analysis and conceptual design of hydrology issues, i.e. wetlands, creek restoration, storm water or flood water detention.
 On-call to answer questions related to resource permitting or questions related to Master Developer negotiations.
(Funding: LRA Loan). Not to exceed amount - $5,000
Garrity & Knisely
Garrity & Knisely provides legal counsel regarding BRAC related property transfer and property remediation issues.
 Review of remediation issue impacts on Master Developer negotiations.  Advice regarding remediation issue impacts on Project EDC and Resource Permitting.
 Advice on any related matters as directed by LRA from time to time. (Funding: LRA Loan). Not to exceed amount - $5,000

City Council Agenda Report
Agenda Item No. 5.r
June 27, 2023
HR&A Advisors
HR&A Advisors provides financial advice regarding the negotiation of deal structure and terms between the LRA & Navy and LRA & Master Developer selection.  Review Statement of Qualifications.
 Review of proposed Exclusive Negotiating Agreement and Term Sheet.  Advice on any related financial matters as directed by LRA from time to time. (Funding: LRA Loan). Not to exceed amount - $35,000
H.T. Harvey & Associates
H.T. Harvey provides analysis, review and advice regarding biological resources and site wide permitting.
 Interim management of biological opinion implementation activities.  California Department of Fish and Wildlife permitting activities (ITP).  Review of resource permitting issue impacts on Master Developer negotiations. (Funding: LRA Loan). Not to exceed amount - $21,000
Jarvis Fay
Jarvis Fay provides legal counsel regarding the environmental review of the Specific Plan and related documents.
 Provide CEQA and land use advice related to Concord Naval Weapon Station matters.
 Advice on any related matters as directed by LRA from time to time. (Funding: LRA Loan). Not to exceed amount - $21,000
Johnson Marigot
Johnson Marigot provides analysis and review of water related resource permitting.  Provide strategy and support for resource permitting efforts. (Funding: LRA Loan). Not to exceed amount - $5,000
Troutman Pepper Hamilton Sanders
Troutman Pepper Hamilton Sanders (Shawn Zovod) provides legal counsel regarding site wide resource permitting.
 Strategy and support for overall resource permitting efforts.  Review of resource permitting issue impacts on Master Developer negotiations.  Advice on any related matters as directed by LRA from time to time. (Funding: LRA Loan). Not to exceed amount - $21,000

City Council Agenda Report
Agenda Item No. 5.r
June 27, 2023
PlaceWorks
PlaceWorks provides planning and project management support for all facets of the Reuse Project.
 Review of Statements of Qualifications submitted by Master Developer candidates.
 Review of proposed Term Sheet.
 Assist project coordination with U.S. Navy, East Bay Regional Park District, BART, Contra Costa County, and other stakeholders and property owners.  Project management and budgeting
(Funding: LRA Loan). Not to exceed amount - $100,000
Each consultant’s scope of work is included within their PSA found in the attachments to this staff report.

Financial Impact
The 11 proposed PSAs total $329,000 for services through January 31, 2024. The remaining balance of the previous loans from the City to the LRA and the FY 23/24 loan from the City to the LRA of $530,000 approved on June 13, 2023 provides the funding for $329,000. The loan will be repaid, with interest, from land sales and leases within the former CNWS.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378, this activity is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it does not constitute a “project,” does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment, and in the alternative is exempt from CEQA as it falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” This determination reflects the City’s independent judgment and analysis.

Public Contact
The City Council Agenda was posted.

Attachments
Table 1 – FY 23-24 PSA by Consultant

1. PSA with ALH Urban & Regional Economics

2. PSA with Burke, Williams & Sorensen, LLP

City Council Agenda Report
Agenda Item No. 5.r
June 27, 2023

3. PSA with Environmental Risk Services Corporation

4. PSA with Environmental Science Associates (ESA)

5. PSA with Garrity and Knisely

6. PSA with HR&A Advisors, Inc.

7. PSA with H. T. Harvey & Associates

8. PSA with Jarvis, Fay & Gibson, LLP

9. PSA with Johnson Marigot Consulting LLC

10.PSA with Troutman Pepper Hamilton Sanders LLP

11.PSA with PlaceWorks

Table 1
Table 1
Att. # Consultant/Vendor
Agreement
Expiration Focused Work Scope Description Funding Source Not to exceed
FY 23/24
1 Estimated Inception to
6/30/2023*
Estimated Totalto
1/31/2024
1 ALH Economics
(2012)
1/31/24 Review Statement of Qualifications and pro-forma and assess financial impact from any policy changes
to the Area Plan LRA Loan $35,000 $368,530 $403,530
2 Burke Williams Sorensen
(2014)
1/31/24 Review Statement of Qualifications, ENA, Term
Sheet, Reimbursement Agreement, and advice on
related matters LRA Loan $60,000 $1,155,998 $1,215,998
3 Environmental Risk Services
(2006)
1/31/24 Review of remediation documentsfortheirimpact
on the Reuse Project; Reports from the
Remediation Project Managers meetings; Input on
the FOST and FOSL documents
LRA Loan $21,000 $1,069,452 $1,090,452
4 ESA
(2010)
1/31/24 On-callto answer questionsrelated to resource
permitting or questions related to Master
Developer negotiations LRA Loan $5,000 $1,660,505 $1,665,505 5 Garrity & Knisely
(2006)
1/31/24 Review of remediation issue impact on Master
Developer negotiations; Advice regarding
remediation impacts on Project EDC and Resource
Permitting; and advice on related matters LRA Loan $5,000 $1,307,640 $1,312,640 6 HR&A Advisors
(2014)
1/31/24 Review Statement of Qualifications, ENA, Term
Sheet; and advice on related matters. LRA Loan $35,000 $481,907 $516,907 7 HT Harvey
(2010)
1/31/24 Interim management of biological opinion
implementation activities; California Department of
Fish and Wildlife permitting activities; Review of
resource permitting issues on MasterDeveloper
negotiations LRA Loan $21,000 $1,784,591 $1,805,591
8 Jarvis Fay
(2016)
1/31/24 Provide CEQA and land use advice related to the Concord Naval Weapons Station matters; and
advice on related matters. LRA Loan $21,000 $773,442 $794,442 9 Johnson Marigot
(2014)
1/31/24 Provide strategy and support for Resource
Permitting efforts LRA Loan $5,000 $307,410 $312,410
10 Troutman Pepper Hamilton
Sanders (Shawn Zovod)
(2007)
1/31/24 Provide strategy and support for Resource
Permitting efforts; Review of resource permitting
issues on Master Developer negotiations; and
advice on related matters LRA Loan $21,000 $601,045 $624,045 11 Placeworks
(2023)
1/31/24 Review Statement of Qualifications, Term Sheet; Assist with Project coordination; Project management and
budgeting. LRA Loan $100,000 $100,000
$329,000 $9,510,520 $9,839,510
*Not all FY 22/23 Invoices have been received as of June 16, 2023. 1 These not to exceed amounts are through January 31, 2024 – when new scopes and contracts are expected to be considered under the terms of an administrative reimbursement agreement with the Master Developer.

AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on June 28, 2023 between the City of Concord ("CITY") and ALH Urban & Regional Economics (ALH), 2239 Oregon Street, Berkeley, California 94705, (“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 January 31, 2024.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall provide:

1. Preliminary assessment and input on financial impact from any policy changes to the Area Plan.

2. Review of the Statement of Qualifications submitted by Master Developer candidates.

3. Review of conceptual pro-forma (financial plan) associated with the proposed term sheet.

CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT. CONSULTANT shall be compensated, not to exceed Thirty-five Thousand Dollars ($35,000) for basic services rendered, as described in Section 2, in accordance with the terms and conditions included therein. Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

CONSULTANT may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period. It is intended that CITY review such statement and pay CONSULTANT for services rendered within 30 days of receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of Attachment 1

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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 by the City Council. The CITY’s authorized representative is Guy Bjerke, Director of Economic Development & Base Reuse. The CONSULTANT’s authorized representative is Amy L. Herman.

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 Fifty Thousand Dollars ($50,000) during the fiscal year, including the base contract amount, throughout the term of this Agreement. Any additional compensation to CONSULTANT that is Fifty Thousand Dollars ($50,000) or more for the fiscal year, including the base contract amount, must be approved by City Council.

Consultant’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Work shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.

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

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agents, employees or subcontractors are agents or employees of the CITY, and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.

As an independent contractor, CONSULTANT shall not be eligible for any benefits, which the City may provide to its employees and all persons, if any, hired by CONSULTANT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during 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 Work and that such services shall be performed in an expeditious manner, and with the degree of skill and care that is required by current, good, and sound procedures and practices. CONSULTANT further agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.

8. PERFORMANCE BY CONSULTANT. CONSULTANT shall not employ other consultants, subconsultants, experts, or contractors without the prior written approval of the CITY.

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

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representative as the person primarily responsible for the day-to-day performance of CONSULTANT'S work under this Agreement. CONSULTANT shall not change the CONSULTANT’S representative without the prior written consent of the CITY. Unless otherwise expressly agreed by the CITY, CONSULTANT'S representative shall remain responsible for the quality and timeliness of performance of the services, notwithstanding any permitted or approved delegation hereunder.

9. OWNERSHIP AND MAINTENANCE OF DOCUMENTS. All documents furnished by CONSULTANT pursuant to this Agreement are instruments of CONSULTANT’s services in respect to this project. They are not intended nor are represented to be suitable for reuse by others except CITY on extensions of this project or on any other project. Any reuse without specific written verification and adoption by CONSULTANT for the specific purposes intended will be at user’s sole risk and without liability or legal exposure and expenses to CONSULTANT, including attorney’s fees arising out of such unauthorized reuse.

CONSULTANT’s records, documents, calculations, and all other instruments of service pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the right to specify the file format that electronic document deliverables are presented to the CITY.

Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the CONSULTANT under the Agreement shall be vested in the CITY, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the CITY. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to the CITY without restriction or limitations on their use. CONSULTANT may retain copies of the above-described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of CITY during the term of this Agreement, unless required by law.

10. INDEMNIFICATION. CONSULTANT agrees to defend, indemnify and hold harmless the CITY, its officers, officials, employees, agents and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorney's fees and

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

11. INSURANCE. CONSULTANT shall, at its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance:

A. Commercial General Liability Coverage. CONSULTANT shall maintain commercial general liability insurance with limits of no less than One Million Dollars ($1,000,000) combined single limit per occurrence or Two Million Dollars ($2,000,000) aggregate limit for bodily injury, personal injury, and property damage.

B. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.

C. Professional Liability Coverage (Errors and Omissions). CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by CONSULTANT, its agents and employees in the performance of this Agreement. The amount of this insurance shall be not less than One Million Dollars ($1,000,000) on a claims made annual aggregate basis or a combined single limit per occurrence basis.

D. Compliance with State Workers' Compensation Requirements.

CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq. CONSULTANT shall, at all times, upon demand of the City, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by CONSULTANT for CITY. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.

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E. Other Insurance Provisions. The policies are to contain, or be endorsed to contain the following provisions:
(1) Additional Insured. CITY, its officers, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of CONSULTANT and operations of CONSULTANT, premises owned, occupied, or used by CONSULTANT. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, employees, or volunteers.

Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer. (2) Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.
(3) Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, employees, or volunteers.
(4) Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement.

The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The aforementioned policies shall be issued by an insurance carrier having a rating of Best A-7 or better which is satisfactory to the City Attorney and shall be delivered to CITY at the time of the execution of this Agreement or before work commences. Such policies and certificates shall be in a form approved by the City Attorney. CITY reserves the right to require complete certified copies of all required insurance policies at any time.

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12. TIME OF PERFORMANCE. The time of performance of the services under this Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed.

13. SUSPENSION OF WORK. CITY may, at any time, by ten (10) days’ written notice, suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONSULTANT shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONSULTANT shall not receive any payment for services, or expenses, except for reasonable administration expenses, incurred by CONSULTANT by reason of such suspension.

14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT shall promptly deliver to the CITY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services performed as of the effective date of the termination.

15. COMPLIANCE WITH CIVIL RIGHTS. During the performance of this contract, CONSULTANT agrees as follows:

A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.

B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.

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C. Solicitations for Subcontractors including Procurement of Materials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by CONSULTANT for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notified by CONSULTANT of CONSULTANT’S obligation under this Agreement and the regulations relative to nondiscrimination on the grounds of race, religion, color, sex, or national origin.

16. CONFLICT OF INTEREST.

A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the CITY. CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.

B. CONSULTANT is not a designated employee within the meaning of the Political Reform Act because CONSULTANT:
(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY or of any CITY official, other than normal contract monitoring; and (2) Possesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)

17. COMPLIANCE WITH LAWS. CONSULTANT shall comply with all applicable Federal, State of California, and local laws, rules, and regulations and shall obtain all applicable licenses, including a business license with the City of Concord, and permits for the conduct of its business and the performance of the services.

18. CHOICE OF LAW. This Agreement shall be construed and interpreted in accordance

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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 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

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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: Guy Bjerke, Director
Economic Development & Base Reuse
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3076
To CONSULTANT: Amy L. Herman
ALH Urban & Regional Economics
2239 Oregon Street
Berkeley, CA 94705
Phone: (510) 704-1599

25. NON-LIABILITY. No member of the CITY and no other officer, employee or agent of the CITY shall be personally liable to CONSULTANT or otherwise in the event of any default or breach of the CITY, or for any amount which may become due to CONSULTANT or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.

26. EXECUTION. Each individual or entity executing this Agreement on behalf of 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.

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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: Amy L. Herman Name: Guy S. Bjerke
Title: Director, Local Reuse Authority
Company: ALH Urban & Regional Economics Company: City of Concord Address: 2239 Oregon Street Address: 1950 Parkside Drive Berkeley, CA 94705 Concord, CA 94519
Telephone: (510) 704-1599 Telephone: (925) 671-3150
APPROVED AS TO FORM: ATTEST:

City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: _____________________________, 2023

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2023/2024 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $35,000. Account Code 4009500C999 4002011111-63800 Finance Director's Signature

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AGREEMENT FOR LEGAL PROFESSIONAL SERVICES
THIS AGREEMENT is entered into on June 28, 2023 (“EFFECTIVE DATE”) by and between the City of Concord ("CITY"), and Burke, Williams & Sorensen, LLP, 1999 Harrison Street, Suite 1650, Oakland, CA 94612 ("CONSULTANT").

WHEREAS, CITY requires the assistance of outside legal counsel to perform legal advisory and litigation services for CITY.

WHEREAS, CITY desires to contract with CONSULTANT for provision of such specialized legal expertise and services as further described herein, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements subject to the terms and conditions set forth herein, the parties agree as follows:

1. Scope of Work.

A. CONSULTANT shall assist and represent the CITY in all matters, including but not limited to, the following:

1. Review of Statements of Qualifications submitted by Master Developer candidates.

2. Draft and review of proposed Exclusive Negotiating Agreement

3. Draft and review proposed Term Sheet

4. Draft and review proposed administrative Reimbursement Agreement

5. Advice on any related matters as directed by LRA from time to time.

B. CONSULTANT shall obtain prior CITY approval for the retention of any subconsultants and/or expert witnesses.

2. Term. The term of this Agreement shall be from the EFFECTIVE DATE, set forth above until January 31, 2024 or unless otherwise terminated by either party in accordance with the terms of this Agreement, subject to available funds.

3. Consideration. As full consideration for the work to be performed by CONSULTANT, CITY shall pay CONSULTANT based upon the hourly rates for its attorney(s) assigned to assist CITY to be paid upon submission and approval of invoices. The hourly rates are as follows:

Attachment 2

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28 Reimbursable
• Partner- $545
• Associate - $495
• Paralegal - $310
Public Agency (Discounted)
• Partner- $440
• Associate - $390
• Paralegal - $260
CONSULTANT will bill time monthly on a straight hourly basis. CONSULTANT charges clients for actual costs for travel and other extraordinary expenses such as courier services and express mail, but does not separately charge for long-distance telephone calls, copying, postage, etc., adding instead for these itemized charges a four percent (4%) administrative charge to the monthly billing.

For each matter or case for which CONSULTANT provides services during the period covered in each monthly billing, invoices shall include a separate cover letter identifying the total amount billed for each matter or case. As these cover letters will be subject to disclosure through the California Public Records Act (California Government Code §§ 6250, et seq.), CONSULTANT shall ensure that the case or matter descriptions used therein do not reflect CONSULTANT impressions, conclusions, opinions, or legal research or strategy.

The total amount paid to CONSULTANT pursuant to this Agreement shall not exceed Sixty Thousand Dollars ($60,000) through January 31, 2024, without CITY’s express written authorization.

If requested by CITY, the “not to exceed” amount described in this Paragraph 3 may be increased upon execution of an amendment setting forth the new “not to exceed” amount, all in accordance with Paragraph 14 of this Agreement.

4. Records. CONSULTANT shall maintain accounting records and other evidence pertaining to the cost incurred and shall make the records available to authorized representatives of CITY or other governmental agency or district authorized by CITY to inspect such records. These records shall be available at all reasonable times during the Agreement period and for four (4) years from the date of final payment for work performed hereunder.

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28 5. Key Personnel. All of the services required hereunder shall be performed by CONSULTANT or under his/her/its supervision, and all personnel engaged in the work shall be fully qualified to perform such services. Any change in the key personnel shall be subject to the written approval of CITY. The following are the key personnel for the subject of this Agreement:

Gerald J. Ramiza, Esq.

Burke, Williams & Sorensen, LLP

6. CITY-Authorized Representative. An authorized representative shall represent CITY in all matters pertaining to the services rendered by CONSULTANT under this Agreement. All documents and requests for information shall be submitted through this representative and CITY will cooperate with CONSULTANT in all matters relating to this Agreement in such manner as will result in the performance of such work without delay. The CITY-authorized representative is the City Attorney.

7. Termination.

A. Either party may terminate this Agreement at any time, without cause, upon seven (7) days’ notice of discontinuance and termination of said Agreement given in writing. Such notice shall be sufficient and complete when same is deposited in the United States mail, first class postage prepaid, to the address shown in the paragraph herein concerning notice.

B. CITY may at any time, at its discretion, abandon or suspend any portion of work to be done under the terms of this Agreement.

C. In the event of CITY's abandonment or suspension of CONSULTANT's work under this Agreement, or in the event of the termination of this Agreement, CONSULTANT shall stop work at the stage directed by CITY and shall deliver to CITY all reports, pleadings, discovery, and file materials relating to the work described in Paragraph 1 above. At the discretion of CITY, CONSULTANT shall also cancel all orders for goods or services connected with this Agreement which have not been delivered or received,

8. Equal Opportunity Assurance. During the performance of this Agreement, CONSULTANT agrees as follows:

A. CONSULTANT will not discriminate against any employee or applicant for