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28 employment because of race, sex, creed, physical handicap, color, sexual orientation, or national origin.
CONSULTANT will take affirmative action to ensure that employees are treated equally without regard to race, gender, creed, physical handicap(s), color, sexual orientation, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoffs and terminations, rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post, in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
B. In the event of CONSULTANT's noncompliance with the nondiscrimination clause of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part.
9. 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
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28 pursuant to the provisions of California Labor Code §3700, et seq. CONSULTANT shall, at all times, upon demand of the City, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by CONSULTANT for CITY. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.
E. Other Insurance Provisions. The policies are to contain, or be endorsed to contain the following provisions:
(1) Additional Insured. CITY, its officers, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of CONSULTANT and operations of CONSULTANT, premises owned, occupied, or used by CONSULTANT. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, employees, or volunteers.
Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer. (2) Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.
(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
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28 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.
10. Indemnification. CONSULTANT shall indemnify, defend, and hold harmless CITY against and from any and all claims or suits for damages or injury arising from CONSULTANT's negligence, errors or omissions in the performance of this Agreement, and shall further indemnify, defend, and hold harmless CITY against and from any and all claims or suits arising from any breach or default of any performance of any obligation of CONSULTANT hereunder, and against and from all costs, attorney's fees, expenses, and liabilities related to any claim or any action or proceeding brought within the scope of this indemnification.
11. Independent Contractor. CONSULTANT is an independent contractor retained by CITY to perform the work described herein. All personnel employed by CONSULTANT, including subcontractors and personnel of said subcontractors approved by CITY, are not and shall not be deemed to be employees of CITY. CONSULTANT and approved subcontractors shall comply with all State and Federal laws pertaining to employment and compensation of their employees or agents, including the provision of Workers' Compensation. CITY shall not, under any circumstances, be liable to CONSULTANT or any person or persons acting for him/her/it for any death, injury, or property destruction or damage received or claimed relating to or stemming from the activities undertaken pursuant to this Agreement.
12. Notice. All notices required herein shall be sent via First Class U.S. Mail with postage prepaid thereon to the parties as follows:
To CITY: Susanne Meyer Brown, Esq.
City Attorney
City of Concord
1950 Parkside Drive MS/08
Concord, CA 94519
To CONSULTANT: Gerald J. Ramiza, Esq.
Burke, Williams & Sorensen, LLP
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28 1999 Harrison Street, Suite 1650
Oakland, CA 94612
Notices shall be deemed effectively served upon deposit in the United States Mail.
13. Assignment. CITY is entering into this Agreement in consideration of the rendition of the services required herein by CONSULTANT. CONSULTANT shall not assign any of the duties, responsibilities, or obligations of this Agreement to any other firm, company, entity, or individual, except with the express written consent of CITY. Nothing set forth in this paragraph shall preclude CONSULTANT from assigning any of the monies due and owing to him/her/it from CITY.
14. Amendment. This Agreement may be amended, modified, or changed by the parties provided that said amendment, modification, or change is in writing and approved by both parties.
15. Entire Agreement. This Agreement contains the entire agreement between the parties hereto. No promise, representation, warranty, or covenant not included in the Agreement has been or is relied upon by any party hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year written above.
CONSULTANT:
Burke, Williams & Sorensen, LLP
By: ____________________________________________
Name: Gerald J. Ramiza, Esq.
Title: Partner
CITY OF CONCORD
By: ____________________________________________
Susanne Meyer Brown, City Attorney
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 Environmental Risk Services Corporation, 1515 Oakland Blvd, Suite 250, Walnut Creek CA 94596, (“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. Review of remediation documents for their impact on the Reuse Project
2. Reports from the Project RPM meetings
3. Input on FOST and FOSL documents.
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 Twenty-one Thousand Dollars ($21,000) 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 3
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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 Mark O’Brien.
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 agents, employees or subcontractors are agents or employees of the CITY, and CONSULTANT shall
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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 representative as the person primarily responsible for the day-to-day performance of CONSULTANT'S
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work under this Agreement. CONSULTANT shall not change the CONSULTANT’S representative without the prior written consent of the CITY. Unless otherwise expressly agreed by the CITY, CONSULTANT'S representative shall remain responsible for the quality and timeliness of performance of the services, notwithstanding any permitted or approved delegation hereunder.
9. OWNERSHIP AND MAINTENANCE OF DOCUMENTS. All documents furnished by CONSULTANT pursuant to this Agreement are instruments of CONSULTANT’s services in respect to this project. They are not intended nor are represented to be suitable for reuse by others except CITY on extensions of this project or on any other project. Any reuse without specific written verification and adoption by CONSULTANT for the specific purposes intended will be at user’s sole risk and without liability or legal exposure and expenses to CONSULTANT, including attorney’s fees arising out of such unauthorized reuse.
CONSULTANT’s records, documents, calculations, and all other instruments of service pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the right to specify the file format that electronic document deliverables are presented to the CITY.
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 other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this
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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.
E. Other Insurance Provisions. The policies are to contain, or be endorsed to
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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.
12. TIME OF PERFORMANCE. The time of performance of the services under this
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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.
C. Solicitations for Subcontractors including Procurement of Materials and
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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 with the laws of the State of California, excluding any choice of law rules which may direct the
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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 consent shall be in the CITY’s sole discretion. Any attempted assignment or transfer in breach of this
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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: Mark O’Brien
Environmental Risk Services
P.O. Box 1209
Alamo, CA 94507
Phone: (925) 938-1600
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.
This Agreement may be executed in several counterparts, each of which shall constitute one and
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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: Mark O’Brien Name: Guy S. Bjerke
Title: Chief Executive Officer Title: Director, Local Reuse Authority
Company: Environmental Risk Services Company: City of Concord Address: 1515 Oakland Blvd., Suite250 Address: 1950 Parkside Drive Walnut Creek, CA 94596 Concord, CA 94519
Telephone: (925) 938-1600 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 $21,000. Account Code 4009500C999 4002011111-63800 Finance Director's Signature
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 Environmental Science Associates (ESA), 550 Kearny Street, Suite 800, San Francisco, California 94108, (“CONSULTANT”).
THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:
The CITY desires to contract with CONSULTANT to provide specialized expertise to perform 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 01, 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 be on-call to answer questions related to resource permitting or questions related to Master Developer negotiations. 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 Five Thousand Dollars ($5,000) 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 payment.
4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent Attachment 4
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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 Christie Beeman, PE Director.
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 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
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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 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
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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.
a. For Design Professional Services Only. Pursuant to California Civil Code Section 2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, agents, employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of
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this Agreement. The CONSULTANT will reimburse the CITY for any expenditures, including reasonable attorney fees, incurred by the CITY in defending against claims ultimately determined to arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
b. For All Other Services. CONSULTANT agrees to defend, indemnify and hold harmless the CITY (including its officers, officials, employees, agents and volunteers) from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorney's fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. This indemnification obligation on CONSULTANT’S part shall not apply to 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 Dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.
C. Professional Liability Coverage (Errors and Omissions). CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions 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.
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CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq. CONSULTANT shall, at all times, upon demand of the City, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by CONSULTANT for CITY. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.
E. Other Insurance Provisions. The policies are to contain, or be endorsed to contain the following provisions:
(1) Additional Insured. CITY, its officers, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of CONSULTANT and operations of CONSULTANT, premises owned, occupied, or used by CONSULTANT. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, employees, or volunteers.
Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer. (2) Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.
(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
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certificates of insurance and the original endorsements effecting coverage required by this Agreement.
The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The aforementioned policies shall be issued by an insurance carrier having a rating of Best A-7 or better which is satisfactory to the City Attorney and shall be delivered to CITY at the time of the execution of this Agreement or before work commences. Such policies and certificates shall be in a form approved by the City Attorney. CITY reserves the right to require complete certified copies of all required insurance policies at any time.
12. TIME OF PERFORMANCE. The time of performance of the services under this Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed.
13. SUSPENSION OF WORK. CITY may, at any time, by ten (10) days’ written notice, suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONSULTANT shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONSULTANT shall not receive any payment for services, or expenses, except for reasonable administration expenses, incurred by CONSULTANT by reason of such suspension.
14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT shall promptly deliver to the CITY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services 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
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Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.
B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.
C. Solicitations for Subcontractors including Procurement of Materials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by CONSULTANT for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notified by CONSULTANT of CONSULTANT’S obligation under this Agreement and the regulations relative to nondiscrimination on the grounds of race, religion, color, sex, or national origin.
16. CONFLICT OF INTEREST.
A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the CITY. CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.
B. CONSULTANT is not a designated employee within the meaning of the Political 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
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(2) Possesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)
17. COMPLIANCE WITH LAWS. CONSULTANT shall comply with all applicable Federal, State of California, and local laws, rules, and regulations and shall obtain all applicable licenses, including a business license with the City of Concord, and permits for the conduct of its business and the performance of the services.
18. CHOICE OF LAW. This Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Contra Costa, California.
19. NON-WAIVER. The waiver by either party of any breach of any term, covenant, or condition contained in the Agreement, or any default in their performance of any obligations under the Agreement shall not be deemed to be a waiver of any other breach or default of the same or any other term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default constitute a continuing waiver of same.
20. ENFORCEABILITY; INTERPRETATION. In the event that any of the provisions or portions of application of any of the provisions of the Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONSULTANT shall negotiate an equitable adjustment in the provisions of the Agreement with a view toward affecting the purpose of the Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of the Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of the Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.
21. INTEGRATION. All exhibits identified in this Agreement are attached hereto and incorporated herein by reference. The Agreement contains the entire agreement and understanding
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between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between CONSULTANT and CITY, whether oral or written.
22. SUCCESSORS AND ASSIGNS: NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE. CITY and CONSULTANT respectively, bind themselves, their successors, assigns, and legal representatives to the terms and obligations of this Agreement. CONSULTANT shall not assign or transfer any interest in the Agreement without the CITY's prior written consent, which consent shall be in the CITY’s sole discretion. Any attempted assignment or transfer in breach of this provision shall be void. This Agreement is not intended and shall not be construed to create any third party benefit. This Agreement is not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.
23. FINANCIAL RECORDS. Records of CONSULTANT’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to CITY if and when required.
24. NOTICES. All notices required hereunder shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or by personal delivery to the CITY's address as shown below, or such other places as CITY or CONSULTANT may, from time to time, respectively, designate in a written notice given to the other. Notice shall be deemed received three (3) days after the date of the mailing thereof or upon personal delivery.
To CITY: Guy Bjerke, Director
Economic Development & Base Reuse
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3076
To CONSULTANT: Christie Beeman, P.E.
Director
Environmental Science Associates
550 Kearney Street, Suite 800
San Francisco, CA 94108
Phone: (415) 896-5900
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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.
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: Christie Beeman, PE Name: Guy S. Bjerke
Title: Director Title: Director, Local Reuse Authority
Company: Environmental Science Associates Company: City of Concord Address: 550 Kearny Street, Suite 800 Address: 1950 Parkside Drive San Francisco, CA 94108 Concord, CA 94519
Telephone: (415) 896-5900 Telephone: (925) 671-3150
APPROVED AS TO FORM: ATTEST:
City Attorney City Clerk
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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 $5,000. 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 Garrity and Knisely, PLLC, a Massachusetts domestic professional limited liability company, 30 Howard Street, Unit 30-3, Somerville, Massachusetts 02144 ("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 and CONSULTANT desires to contract with the CITY 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 remediation issue impacts on Master Developer negotiations.
2. Advice regarding remediation issue impacts on Project EDC and Resource Permitting.
3. 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:
Partner - $210 per hour
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28 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 Five Thousand Dollars ($5,000) 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.
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:
David Knisely, Esq.
6. CITY-Authorized Representative. An authorized representative shall represent CITY in all matters pertaining to the services rendered by CONSULTANT under this Agreement. All
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28 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 employment because of race, sex, creed, physical handicap, color, sexual orientation, or national origin.
CONSULTANT will take affirmative action to ensure that employees are treated equally without regard to race, gender, creed, physical handicap(s), color, sexual orientation, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoffs and terminations, rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post, in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
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28 B. In the event of CONSULTANT's noncompliance with the nondiscrimination clause of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part.
9. Insurance. CONSULTANT shall, at its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance:
A. Commercial General Liability Coverage. CONSULTANT shall maintain commercial general liability insurance with limits of no less than One Million Dollars ($1,000,000) combined single limit per occurrence or Two Million Dollars ($2,000,000) aggregate limit for bodily injury, personal injury, and property damage.
B. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a One Million Dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.
C. Professional Liability Coverage (Errors and Omissions). CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by CONSULTANT, its agents and employees in the performance of this Agreement. The amount of this insurance shall be not less than One Million Dollars ($1,000,000) on a claims made annual aggregate basis or a combined single limit per occurrence basis.
D. Compliance with State Workers' Compensation Requirements.
CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq. CONSULTANT shall, at all times, upon demand of the City, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by CONSULTANT for CITY. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.
E. Other Insurance Provisions. The policies are to contain, or be endorsed to contain the following provisions:
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28 (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.
10. Indemnification. CONSULTANT shall indemnify, defend, and hold harmless CITY against and from any and all claims or suits for damages or injury arising from CONSULTANT's negligence, errors or omissions in the performance of this Agreement, and shall further indemnify,
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11. Independent Contractor. CONSULTANT is an independent contractor retained by CITY to perform the work described herein. All personnel employed by CONSULTANT, including subcontractors and personnel of said subcontractors approved by CITY, are not and shall not be deemed to be employees of CITY. CONSULTANT and approved subcontractors shall comply with all State and Federal laws pertaining to employment and compensation of their employees or agents, including the provision of Workers' Compensation. CITY shall not, under any circumstances, be liable to CONSULTANT or any person or persons acting for him/her/it for any death, injury, or property destruction or damage received or claimed relating to or stemming from the activities undertaken pursuant to this Agreement.
12. Notice. All notices required herein shall be sent via First Class U.S. Mail with postage prepaid thereon to the parties as follows:
To CITY: Susanne Meyer Brown, Esq.
City Attorney
City of Concord
1950 Parkside Drive MS/08
Concord, CA 94519
To CONSULTANT: David Knisely, Esq.
Garrity and Knisely, PLLC
30 Howard Street, Unit 30-3
Somerville, MA 02144
Notices shall be deemed effectively served upon deposit in the United States Mail.
13. Assignment. CITY is entering into this Agreement in consideration of the rendition of the services required herein by CONSULTANT. CONSULTANT shall not assign any of the duties, responsibilities, or obligations of this Agreement to any other firm, company, entity, or individual, except with the express written consent of CITY. Nothing set forth in this paragraph shall preclude CONSULTANT from assigning any of the monies due and owing to him/her/it from CITY.
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15. Entire Agreement. This Agreement contains the entire agreement between the parties hereto. No promise, representation, warranty, or covenant not included in the Agreement has been or is relied upon by any party hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year written above.
CONSULTANT:
David Knisely, Esq.
By: ____________________________________________
Name: _________________________________________
Its: ___________________________________
CITY OF CONCORD
By:___________________________________________
Susanne Meyer Brown, City Attorney
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 HR&A Advisors, Inc., 700 S. Flower Street, Suite 2995, Los Angeles, CA 90017, (“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 specialized expertise in the following:
1. Review of Statement of Qualifications, Exclusive Negotiating Agreement, and proposed Term Sheet.
2. Advice on any related financial matters as directed by LRA from time to time.
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 Attachment 6
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deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.
4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Guy Bjerke, Director of Economic Development & Base Reuse. The CONSULTANT’s authorized representative is Paul J. Silvern.
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
To CONSULTANT: Paul J. Silvern
Vice President
HR&A Advisors, Inc.
700 S. Flower Street, Suite 2995
Los Angeles, CA 90017
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: Paul J. Silvern Name: Guy S. Bjerke
Vice President Title: Director, Local Reuse Authority
Company: HR&A Advisors, Inc. Company: City of Concord
Address: 700 S. Flower Street, Suite 2995 Address: 1950 Parkside Drive Los Angeles, CA 90017 Concord, CA 94519
Telephone: (310) 581-0900 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
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 H. T. Harvey & Associates, 983 University Avenue, Building D, Los Gatos, California 95032 (“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 specialized expertise in the following:
1. Interim management of biological opinion implementation activities
2. California Department of Fish and Wildlife permitting activities (ITP)
3. Review of resource permitting issue impacts on Master Developer negotiations.
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 Twenty-one Thousand Dollars ($21,000) 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 Attachment 7
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deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.
4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Guy Bjerke, Director of Economic Development & Base Reuse. The CONSULTANT’s authorized representative is Stephen Rottenborn, Principal.
5. AMENDMENT TO AGREEMENT. This Agreement may be amended in writing, subject to approval by both parties. If additional services are requested by CITY other than as described in the above Scope of Services, this Agreement may be amended, modified, or changed by the parties subject to mutual consent and in accordance with the CITY’s Municipal Code by execution of an Amendment by authorized representatives of both parties setting forth the additional scope of services to be performed, the performance time schedule, and the compensation for such services.
A. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including amendments providing for additional compensation to CONSULTANT not to exceed 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
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dictate the results of the performance. CONSULTANT shall not represent that CONSULTANT or its agents, employees or subcontractors are agents or employees of the CITY, and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.
As an independent contractor, CONSULTANT shall not be eligible for any benefits, which the City may provide to its employees and all persons, if any, hired by CONSULTANT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during 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
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other than the CONSULTANT. CONSULTANT hereby designates the CONSULTANT’S representative as the person primarily responsible for the day-to-day performance of CONSULTANT'S work under this Agreement. CONSULTANT shall not change the CONSULTANT’S representative without the prior written consent of the CITY. Unless otherwise expressly agreed by the CITY, CONSULTANT'S representative shall remain responsible for the quality and timeliness of performance of the services, notwithstanding any permitted or approved delegation hereunder.
9. OWNERSHIP AND MAINTENANCE OF DOCUMENTS. All documents furnished by CONSULTANT pursuant to this Agreement are instruments of CONSULTANT’s services in respect to this project. They are not intended nor are represented to be suitable for reuse by others except CITY on extensions of this project or on any other project. Any reuse without specific written verification and adoption by CONSULTANT for the specific purposes intended will be at user’s sole risk and without liability or legal exposure and expenses to CONSULTANT, including attorney’s fees arising out of such unauthorized reuse.
CONSULTANT’s records, documents, calculations, and all other instruments of service pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the right to specify the file format that electronic document deliverables are presented to the CITY.
Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the CONSULTANT under the Agreement shall be vested in the CITY, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the CITY. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to the CITY without restriction or limitations on their use. CONSULTANT may retain copies of the above-described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of CITY during the term of this Agreement, unless required by law.
10. INDEMNIFICATION. CONSULTANT agrees to defend, indemnify and hold harmless the CITY, its officers, officials, employees, agents and volunteers from and against any and
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all claims, demands, actions, losses, damages, injuries, and liability (including all attorney's fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. This indemnification obligation on CONSULTANT’S part shall not apply to 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 Dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.
C. Professional Liability Coverage (Errors and Omissions). CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions 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
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written verification by CONSULTANT that CONSULTANT has no employees.
E. Other Insurance Provisions. The policies are to contain, or be endorsed to contain the following provisions:
(1) Additional Insured. CITY, its officers, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of CONSULTANT and operations of CONSULTANT, premises owned, occupied, or used by CONSULTANT. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, employees, or volunteers.
Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer. (2) Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.
(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
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require complete certified copies of all required insurance policies at any time.
12. TIME OF PERFORMANCE. The time of performance of the services under this Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed.
13. SUSPENSION OF WORK. CITY may, at any time, by ten (10) days’ written notice, suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONSULTANT shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONSULTANT shall not receive any payment for services, or expenses, except for reasonable administration expenses, incurred by CONSULTANT by reason of such suspension.
14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT shall promptly deliver to the CITY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services 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
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with all federal regulations relative to nondiscrimination in federally assisted programs.
C. Solicitations for Subcontractors including Procurement of Materials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by CONSULTANT for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notified by CONSULTANT of CONSULTANT’S obligation under this Agreement and the regulations relative to nondiscrimination on the grounds of race, religion, color, sex, or national origin.
16. CONFLICT OF INTEREST.
A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the CITY. CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.
B. CONSULTANT is not a designated employee within the meaning of the Political 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.
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18. CHOICE OF LAW. This Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Contra Costa, California.
19. NON-WAIVER. The waiver by either party of any breach of any term, covenant, or condition contained in the Agreement, or any default in their performance of any obligations under the Agreement shall not be deemed to be a waiver of any other breach or default of the same or any other term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default constitute a continuing waiver of same.
20. ENFORCEABILITY; INTERPRETATION. In the event that any of the provisions or portions of application of any of the provisions of the Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONSULTANT shall negotiate an equitable adjustment in the provisions of the Agreement with a view toward affecting the purpose of the Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of the Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of the Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.
21. INTEGRATION. All exhibits identified in this Agreement are attached hereto and incorporated herein by reference. The Agreement contains the entire agreement and understanding 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
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not assign or transfer any interest in the Agreement without the CITY's prior written consent, which consent shall be in the CITY’s sole discretion. Any attempted assignment or transfer in breach of this provision shall be void. This Agreement is not intended and shall not be construed to create any third party benefit. This Agreement is not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.
23. FINANCIAL RECORDS. Records of CONSULTANT’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to CITY if and when required.
24. NOTICES. All notices required hereunder shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or by personal delivery to the CITY's address as shown below, or such other places as CITY or CONSULTANT may, from time to time, respectively, designate in a written notice given to the other. Notice shall be deemed received three (3) days after the date of the mailing thereof or upon personal delivery.
To CITY: Guy Bjerke, Director
Economic Development & Base Reuse
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
To CONSULTANT: Stephen C. Rottenborn, Ph.D.
Principal
H.T. Harvey & Associates
983 University Avenue, Building D
Los Gatos, CA 95032
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: Stephen C. Rottenborn, Ph.D. Name: Guy S. Bjerke
Title: Principal Title: Director, Local Reuse Authority Company: H.T. Harvey & Associates Company: City of Concord Address: 983 University Avenue, Building D Address: 1950 Parkside Drive Los Gatos, CA 95032 Concord, CA 94519
Telephone: (408) 458-3205 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 $21,000. 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 Jarvis Fay LLP (“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 and CONSULTANT desires to contract with the CITY 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. Provide CEQA and land use advice related to Concord Naval Weapon Station matters.
2. 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:
Hourly Rates for FY 2022-23
Rate
Group
Senior
Partner
Partner/Of
Counsel
Senior Associate Associate Legal
Assistant
Public Agency
(Discounted)
380 340 305 265 135
Reimbursable 520 470 415 365 185
Attachment 8
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28 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..
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 Twentyone Thousand Dollars ($21,000) 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.
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:
Rick Jarvis, Esq. (Senior Partner)
Alexandra Barnhill, Esq. (Senior Partner)
Kathleen (Kit) Faubion, Esq. (Of Counsel)
Christie Crowl, Esq. (Partner)
6. CITY-Authorized Representative. An authorized representative shall represent CITY in all matters pertaining to the services rendered by CONSULTANT under this Agreement. All
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28 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 employment because of race, sex, creed, physical handicap, color, sexual orientation, or national origin.
CONSULTANT will take affirmative action to ensure that employees are treated equally without regard to race, gender, creed, physical handicap(s), color, sexual orientation, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoffs and terminations, rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post, in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
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28 B. In the event of CONSULTANT's noncompliance with the nondiscrimination clause of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part.
9. Insurance. CONSULTANT shall, at its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance:
A. Commercial General Liability Coverage. CONSULTANT shall maintain commercial general liability insurance with limits of no less than One Million Dollars ($1,000,000) combined single limit per occurrence or Two Million Dollars ($2,000,000) aggregate limit for bodily injury, personal injury, and property damage.
B. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a One Million Dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.
C. Professional Liability Coverage (Errors and Omissions). CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by CONSULTANT, its agents and employees in the performance of this Agreement. The amount of this insurance shall be not less than One Million Dollars ($1,000,000) on a claims made annual aggregate basis or a combined single limit per occurrence basis.
D. Compliance with State Workers' Compensation Requirements.
CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq. CONSULTANT shall, at all times, upon demand of the City, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by CONSULTANT for CITY. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.
E. Other Insurance Provisions. The policies are to contain, or be endorsed to contain the following provisions:
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28 (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.
10. Indemnification. CONSULTANT shall indemnify, defend, and hold harmless CITY against and from any and all claims or suits for damages or injury arising from CONSULTANT's negligence, errors or omissions in the performance of this Agreement, and shall further indemnify,
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28 defend, and hold harmless CITY against and from any and all claims or suits arising from any breach or default of any performance of any obligation of CONSULTANT hereunder, and against and from all costs, attorney's fees, expenses, and liabilities related to any claim or any action or proceeding brought within the scope of this indemnification.
11. Independent Contractor. CONSULTANT is an independent contractor retained by CITY to perform the work described herein. All personnel employed by CONSULTANT, including subcontractors and personnel of said subcontractors approved by CITY, are not and shall not be deemed to be employees of CITY. CONSULTANT and approved subcontractors shall comply with all State and Federal laws pertaining to employment and compensation of their employees or agents, including the provision of Workers' Compensation. CITY shall not, under any circumstances, be liable to CONSULTANT or any person or persons acting for him/her/it for any death, injury, or property destruction or damage received or claimed relating to or stemming from the activities undertaken pursuant to this Agreement.
12. Notice. All notices required herein shall be sent via First Class U.S. Mail with postage prepaid thereon to the parties as follows:
To CITY: Susanne Meyer Brown, Esq.
City Attorney
City of Concord
1950 Parkside Drive MS/08
Concord, CA 94519
To CONSULTANT: Alexandra Barnhill, Esq.
Jarvis Fay LLP
555 12th St, Suite 1630
Oakland, CA 94607
Notices shall be deemed effectively served upon deposit in the United States Mail.
13. Assignment. CITY is entering into this Agreement in consideration of the rendition of the services required herein by CONSULTANT. CONSULTANT shall not assign any of the duties, responsibilities, or obligations of this Agreement to any other firm, company, entity, or individual, except with the express written consent of CITY. Nothing set forth in this paragraph shall preclude CONSULTANT from assigning any of the monies due and owing to him/her/it from CITY.
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28 14. Amendment. This Agreement may be amended, modified, or changed by the parties provided that said amendment, modification, or change is in writing and approved by both parties.
15. Entire Agreement. This Agreement contains the entire agreement between the parties hereto. No promise, representation, warranty, or covenant not included in the Agreement has been or is relied upon by any party hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year written above.
CONSULTANT:
Alexandra Barnhill
Senior Partner
By: ____________________________________________
Name: _________________________________________
Its: ___________________________________
CITY OF CONCORD
By:________________________________________
Susanne Meyer Brown, City Attorney
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 Johnson Marigot Consulting LLC, (“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. Strategy and support for resource permitting efforts.
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 Five Thousand Dollars ($5,000) 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 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 Attachment 9
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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 Cameron Johnson.
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 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.
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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 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
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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 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.
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11. INSURANCE. CONSULTANT shall, at its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance:
A. Commercial General Liability Coverage. CONSULTANT shall maintain commercial general liability insurance with limits of no less than One Million Dollars ($1,000,000) combined single limit per occurrence or Two Million Dollars ($2,000,000) aggregate limit for bodily injury, personal injury, and property damage.
B. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a One Million Dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.
C. Professional Liability Coverage (Errors and Omissions). CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by CONSULTANT, its agents and employees in the performance of this Agreement. The amount of this insurance shall be not less than One Million Dollars ($1,000,000) on a claims made annual aggregate basis or a combined single limit per occurrence basis.
D. Compliance with State Workers' Compensation Requirements.
CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq. CONSULTANT shall, at all times, upon demand of the City, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by CONSULTANT for CITY. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.
E. Other Insurance Provisions. The policies are to contain, or be endorsed to contain the following provisions:
(1) Additional Insured. CITY, its officers, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities
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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.
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,
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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.
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
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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 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.
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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 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
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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
To CONSULTANT: Cameron Johnson, Principal
Johnson Marigot Consulting, LLC
433 Visitacion Ave,
Brisbane, CA 94005
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.
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
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as of the date and year first written above.
CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Cameron Johnson Name: Guy S. Bjerke
Title: Principal Title: Director, Local Reuse Authority Company: Johnson Marigot Consulting LLC Company: City of Concord Address: 433 Visitacion Ave Address: 1950 Parkside Drive Brisbane, CA 94005 Concord, CA 94519
Telephone: (415) 602-2970 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 $5,000. 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 Troutman Pepper Hamilton Sanders LLP, Three Embarcadero Center, Suite 800, San Francisco, CA 94111 ("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 and CONSULTANT desires to contract with the CITY 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. Strategy and support for overall resource permitting efforts
2. Review of resource permitting issue impacts on Master Developer negotiations.
3. 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:
A. For cost recovery matters, where a developer or other private party is obligated to pay the CITY’s legal bills, we will charge our Private Rates:
Shawn Zovod, Partner - $775 per hour
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28 B. Where a developer or other private party is not obligated to pay the CITY’s legal bills, we will charge our discounted, Public Agency Rates:
Shawn Zovod, Partner - $575 per hour
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 Twentyone Thousand Dollars ($21,000) 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.
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:
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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 former Concord Naval Weapons Station Resource Permitting efforts. 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 employment because of race, sex, creed, physical handicap, color, sexual orientation, or national origin.
CONSULTANT will take affirmative action to ensure that employees are treated equally without regard to race, gender, creed, physical handicap(s), color, sexual orientation, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoffs and terminations, rates of pay or other forms of
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28 compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post, in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
B. In the event of CONSULTANT's noncompliance with the nondiscrimination clause of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part.
9. Insurance. CONSULTANT shall, at its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance:
A. Commercial General Liability Coverage. CONSULTANT shall maintain commercial general liability insurance with limits of no less than One Million Dollars ($1,000,000) combined single limit per occurrence or Two Million Dollars ($2,000,000) aggregate limit for bodily injury, personal injury, and property damage.
B. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a One Million Dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.
C. Professional Liability Coverage (Errors and Omissions). CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions 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
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28 written verification by CONSULTANT that CONSULTANT has no employees.
E. Other Insurance Provisions. The policies are to contain, or be endorsed to contain the following provisions:
(1) Additional Insured. CITY, its officers, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of CONSULTANT and operations of CONSULTANT, premises owned, occupied, or used by CONSULTANT. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, employees, or volunteers.
Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer. (2) Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.
(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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28 10. Indemnification. CONSULTANT shall indemnify, defend, and hold harmless CITY against and from any and all claims or suits for damages or injury arising from CONSULTANT's negligence, errors or omissions in the performance of this Agreement, and shall further indemnify, defend, and hold harmless CITY against and from any and all claims or suits arising from any breach or default of any performance of any obligation of CONSULTANT hereunder, and against and from all costs, attorney's fees, expenses, and liabilities related to any claim or any action or proceeding brought within the scope of this indemnification.
11. Independent Contractor. CONSULTANT is an independent contractor retained by CITY to perform the work described herein. All personnel employed by CONSULTANT, including subcontractors and personnel of said subcontractors approved by CITY, are not and shall not be deemed to be employees of CITY. CONSULTANT and approved subcontractors shall comply with all State and Federal laws pertaining to employment and compensation of their employees or agents, including the provision of Workers' Compensation. CITY shall not, under any circumstances, be liable to CONSULTANT or any person or persons acting for him/her/it for any death, injury, or property destruction or damage received or claimed relating to or stemming from the activities undertaken pursuant to this Agreement.
12. Notice. All notices required herein shall be sent via First Class U.S. Mail with postage prepaid thereon to the parties as follows:
To CITY: Susanne Meyer Brown, Esq.
City Attorney
City of Concord
1950 Parkside Drive MS/08
Concord, CA 94519
To CONSULTANT: Shawn Zovod, Esq.
Troutman Pepper Hamilton Sanders LLP
Three Embarcadero Center, Suite 800,
San Francisco, CA 94111
Notices shall be deemed effectively served upon deposit in the United States Mail.
13. Assignment. CITY is entering into this Agreement in consideration of the rendition of the services required herein by CONSULTANT. CONSULTANT shall not assign any of the duties, responsibilities, or obligations of this Agreement to any other firm, company, entity, or individual,
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28 except with the express written consent of CITY. Nothing set forth in this paragraph shall preclude CONSULTANT from assigning any of the monies due and owing to him/her/it from CITY.
14. Amendment. This Agreement may be amended, modified, or changed by the parties provided that said amendment, modification, or change is in writing and approved by both parties.
15. Entire Agreement. This Agreement contains the entire agreement between the parties hereto. No promise, representation, warranty, or covenant not included in the Agreement has been or is relied upon by any party hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year written above.
CONSULTANT:
Troutman Pepper Hamilton Sanders LLP
By: ____________________________________________
Name: _________________________________________
Its: _________________________________________
CITY OF CONCORD
By: ____________________________________________
Susanne Meyer Brown, City Attorney
AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on July 1, 2023 between the City of Concord ("CITY") and Placeworks, Inc., 2040 Bancroft Way, Suite 400, Berkeley, CA 94704 (“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 specialize expertise in the following:
1. Review of Statements of Qualifications submitted by Master Developer candidates.
2. Review of proposed Term Sheet.
3. Assist project coordination with U.S. Navy, East Bay Regional Park District, BART, Contra Costa County, and other stakeholders and property owners.
4. Project management and budgeting
CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement. This section is not intended to, and does not, heighten the applicable standard of care for consultant above that set forth in Section 7.
3. PAYMENT. CONSULTANT shall be compensated, not to exceed One Hundred Thousand Dollars ($100,000) 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 Attachment 11
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that CITY review such statement and pay CONSULTANT for services rendered within 30 days of receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.
4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent 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 Community Reuse Planning. The CONSULTANT’s authorized representative is Suzanne Schwab.
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
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any control over the manner by which the CONSULTANT performs this Agreement and shall only dictate the results of the performance. CONSULTANT shall not represent that CONSULTANT or its agents, employees or subcontractors are agents or employees of the CITY, and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.
As an independent contractor, CONSULTANT shall not be eligible for any benefits, which the City may provide to its employees and all persons, if any, hired by CONSULTANT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during 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.
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Notwithstanding the foregoing, CITY shall not be obligated or liable for payment hereunder to any party other than the CONSULTANT. CONSULTANT hereby designates the CONSULTANT’S representative as the person primarily responsible for the day-to-day performance of CONSULTANT'S work under this Agreement. CONSULTANT shall not change the CONSULTANT’S representative without the prior written consent of the CITY. Unless otherwise expressly agreed by the CITY, CONSULTANT'S representative shall remain responsible for the quality and timeliness of performance of the services, notwithstanding any permitted or approved delegation hereunder.
9. OWNERSHIP AND MAINTENANCE OF DOCUMENTS. All documents furnished by CONSULTANT pursuant to this Agreement are instruments of CONSULTANT’s services in respect to this project. They are not intended nor are represented to be suitable for reuse by others except CITY on extensions of this project or on any other project. Any reuse without specific written verification and adoption by CONSULTANT for the specific purposes intended will be at user’s sole risk and without liability or legal exposure and expenses to CONSULTANT, including attorney’s fees arising out of such unauthorized reuse.
CONSULTANT’s records, documents, calculations, and all other instruments of service pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the right to specify the file format that electronic document deliverables are presented to the CITY.
Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the CONSULTANT under the Agreement shall be vested in the CITY, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the CITY. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to the CITY without restriction or limitations on their use. CONSULTANT may retain copies of the above-described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of CITY during the term of this Agreement, unless required by law.
10. INDEMNIFICATION.
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A. For Professional Services Only. CONSULTANT agrees to indemnify the CITY (including its officers, agents, employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of this Agreement. While the CONSULTANT is responsible for indemnifying and holding the CITY harmless, it is understood that the CONSULTANT will not be required to defend the CITY against claims arising out of design professional services rendered, but will be liable for reimbursement of reasonable defense costs, including attorneys’ fees and expenses, if and to the extent that the CONSULTANT has been found to be negligent.
B. For All Other Services. 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 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
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committed by CONSULTANT, its agents and employees in the performance of this Agreement. The amount of this insurance shall be not less than One Million Dollars ($1,000,000) on a claims made annual aggregate basis or a combined single limit per occurrence basis.
D. Compliance with State Workers' Compensation Requirements.
CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq. CONSULTANT shall, at all times, upon demand of the City, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by CONSULTANT for CITY. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.
E. Other Insurance Provisions. The policies are to contain, or be endorsed to contain the following provisions:
(1) Additional Insured. CITY, its officers, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of CONSULTANT and operations of CONSULTANT, premises owned, occupied, or used by CONSULTANT. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, employees, or volunteers.
Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer. (2) Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.
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(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.
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. Notwithstanding the foregoing, CONSULTANT shall not be responsible for delays caused for reasons outside of its reasonable control.
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. Either party 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
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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.
C. Solicitations for Subcontractors including Procurement of Materials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by CONSULTANT for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notified by CONSULTANT of CONSULTANT’S obligation under this Agreement and the regulations relative to nondiscrimination on the grounds of race, religion, color, sex, or national origin.
16. CONFLICT OF INTEREST.
A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the CITY. CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.
B. CONSULTANT is not a designated employee within the meaning of the Political
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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 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
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it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.
21. INTEGRATION. All exhibits identified in this Agreement are attached hereto and incorporated herein by reference. The Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between CONSULTANT and CITY, whether oral or written.
22. SUCCESSORS AND ASSIGNS: NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE. CITY and CONSULTANT respectively, bind themselves, their successors, assigns, and legal representatives to the terms and obligations of this Agreement. CONSULTANT shall not assign or transfer any interest in the Agreement without the CITY's prior written consent, which consent shall be in the CITY’s sole discretion. Any attempted assignment or transfer in breach of this provision shall be void. This Agreement is not intended and shall not be construed to create any third party benefit. This Agreement is not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.
23. FINANCIAL RECORDS. Records of CONSULTANT’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to CITY if and when required.
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
Community Reuse Planning
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3076
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To CONSULTANT: Karen Gulley, Managing Principal, Design Placeworks
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
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.
To the fullest extent permitted by law, CITY and CONSULTANT each agree to waive any rights to consequential, indirect or special damages and agree that the total liability of CONSULTANT under or in connection with this Agreement for economic loss whether in contract, tort, negligence, breach or otherwise shall not exceed five hundred thousand dollars.
26. EXECUTION. Each individual or entity executing this Agreement on behalf of Applicant represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of Applicant and that such execution is binding upon Applicant.
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
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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: Karen Gulley Name: Guy S. Bjerke
Title: Managing Principal, Design Title: Director, Local Reuse Authority Company: Placeworks Company: City of Concord
Address: 3 MacArthur Place, Suite 1100 Address: 1950 Parkside Drive Santa Ana, CA 92707 Concord, CA 94519
Telephone: Telephone: Telephone: (925) 671-3076
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 $100,000. Account Code 4009500C999 4002011111-63800 Finance Director's Signature
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 an update on Homeless Strategic Plan development, including the draft Background Report,
community and stakeholder engagement, and next steps.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), 15262, 15306, 15273, and/or 15378.
Report in Brief
In February 2023, the City Council authorized a scope of work for development of a Homeless Strategic Plan involving three major phases of plan development. Phase One, which consists of community engagement efforts, data analysis, and development of a background report, is nearing conclusion. This report provides an update on the plan development process, a review of key findings to date, and outlines next steps.
Recommended Action
Receive an update on Homeless Strategic Plan development, including the draft Background Report, community and stakeholder engagement, and next steps; provide feedback to staff; and make the CEQA determinations as provided in this staff report.
6.a
City Council Agenda Report
Agenda Item No. 6.a
June 27, 2023
Background
Contra Costa County’s rate of homelessness increased by 4% between 2020 and 2023,1 indicating that the issue continues to persist as a regional crisis. The City Council committed to considering ways the City could effectively assist in addressing this challenge during its April 2, 2022, goal-setting workshop, when it identified the development and adoption of a Homeless Strategic Plan as a Tier 1 priority. Council approved a workplan for development of a Homeless Strategic Plan (Plan) in August 2022. In February 2023, Council approved an agreement with Thurmond Consulting to assist the City with Plan development. From March 2023, up to the drafting of this report, the project team consisting of City staff (Staff), Thurmond Consulting (Thurmond), and a one-time special project committee, the Homeless Strategic Plan Working Group (Working Group), began work on Phase One of the Plan development process. The project team compiled and analyzed demographic data, performed an assessment of the current homeless response system and its programs, and initiated a robust stakeholder engagement process. The process facilitated the drafting of an initial draft Background Report, included as Attachment 1.
Analysis
The eleven member Working Group is comprised of members from the following categories: one (1) representative with lived experience of being homeless, one (1) representative from a nonprofit homeless services provider, one (1) representative that is a substance abuse professional, one (1) representative that is a mental health professional, one (1) representative that is a Concord resident and property owner, one (1) representative that is either from Concord’s business community or an owner of commercial property in Concord, one (1) representative that is a veteran homeless services provider, one (1) representative that is from, or has experience working with, the LGBTQI+ community, one (1) representative that is an active owner or manager of a business based in Concord, as well as two (2) Concord City Councilmembers. The Working Group meets monthly to provide guidance and feedback on Plan development and is supported by Staff and a representative from Contra Costa County’s Health, Housing and Homeless (H3) Department. The monthly meetings are open to members of the public with opportunities to provide comments.
Staff, Consultant, and Working Group activities to date consist of a review of current and past initiatives that have been undertaken to address homelessness; the launch of a community engagement process, which includes convening community meetings, focus group sessions across multiple sectors, individual interviews, discussions with system providers including elected leaders, law enforcement personnel, outreach providers, and community-based organizations; and development of surveys for different target audiences, as well as creating communication platforms such as an 1 Contra Costa County’s 2023 Point in Time and Housing Inventory Count Results (https://cchealth.org/h3/coc/pdf/PIT-Data-2023.pdf)
City Council Agenda Report
Agenda Item No. 6.a
June 27, 2023
email distribution list, a project webpage, and a dedicated email address for community members to stay connected, and receive updates.
The attached draft Background Report provides a synthesis of stakeholder input collected thus far as well as data from local, regional, and statewide sources. The purpose of the document is to provide a summary of the state of homelessness in Concord based on demographics, geographical location of services, and analysis of system gaps. The report identifies emerging themes and preliminary goals that reflect the data and community and stakeholder input. The report is intended to generate feedback and guidance for incorporation into the comprehensive Plan.
Next Steps: The Homeless Strategic Plan is on track for the next phases in development. The Working Group, consulting team, and staff will incorporate feedback from Council on the draft background report, along with the data collected from community members, stakeholders, system partners and those with lived experience into the next two major steps: (1) development of a draft vision and goals for the Plan, and (2) development of recommended strategies, funding investments, and an implementation plan.
The draft vision and goals for the Plan will return to Council for review and feedback in August or September at a public Council meeting.
Council’s feedback on the vision and goals will be used to identify the best practices and strategies, related funding resources including opportunities to strengthen system partnerships, and implementation steps for inclusion in a draft Homeless Strategic Plan.
The draft Homeless Strategic Plan with all parts included in draft form (including the background report, vision, goals, strategies, funding investments and implementation plan) is anticipated to be shared with Council and the community for further input and feedback at a Council meeting in October 2023. Based on the feedback received in October, a final Plan would be brought before Council for adoption as soon as feasible thereafter.
Financial Impact
There are no fiscal impacts as a result of the recommended actions in this report. A comprehensive fiscal analysis of homeless response strategies will be included as part of the draft Plan that will be brought to Council.
Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code Section 21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”) these activities do not constitute a “project” within the meaning of Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378, because they have no potential for resulting in either a direct physical change in the
City Council Agenda Report
Agenda Item No. 6.a
June 27, 2023
environment, or a reasonably foreseeable indirect physical change in the environment, are exempt pursuant to CEQA Guidelines Section 15262, 15273, and/or 15306 because they consist of feasibility and planning studies and/or information collection.
No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.
Public Contact
The City Council Agenda was posted.
Attachment
1. Initial draft of the Background Report
City of Concord
Background Report on
Homelessness
DRAFT VERSION
1 City of Concord
Background Report on Homelessness
Table of Contents
I. Introduction...........................................................................................................................................................2 A. Purpose .................................................................................................................................................................................2 B. Methodology .......................................................................................................................................................................2 II. City and Regional History of Homelessness...............................................................................................3 Current Plans In Region......................................................................................................................................................3 2021 H3 (CoC) Annual Report.........................................................................................................................................3 2022 Contra Costa Health Annual Report...................................................................................................................4 2021 RIC Regional Action Plan ........................................................................................................................................4 Historical PIT Numbers.......................................................................................................................................................6 III. Current State of Homelessness.....................................................................................................................7 Emerging Consensus ............................................................................................................................................................7 IV Homelessness: The Numbers, The Data......................................................................................................9 Homeless Management Information System (HMIS).............................................................................................9 C. Point-in-Time Count and Housing Inventory Count......................................................................................14 D. Community Perspective and Surveys...................................................................................................................15 E. Law Enforcement Calls for Service ........................................................................................................................16 F. Service Provider Perspectives..................................................................................................................................16 V. The Business Community and Homelessness ......................................................................................... 17 VI. The Economic Impact................................................................................................................................... 17 VII. Services Available to Unhoused Persons in Contra Costa County................................................ 18 J. Analysis of Gaps in Service..........................................................................................................................................48 VIII. Homeless Concepts...................................................................................................................................... 50 IX. Best Practices................................................................................................................................................... 54 X. State, Federal and Local Funding .............................................................................................................. 56 XI. Conclusion......................................................................................................................................................... 64 Complete List of Data Utilized in Background Report ............................................................................ 65
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Background Report on Homelessness
I. Introduction
A. Purpose
The purpose of this background report is to provide a general outline with some content information gleaned from the Thurmond Consulting team's work on the City of Concord’s Homeless Strategic Plan.
Please note that the intention of this draft report is to demonstrate the current progress on the strategic plan and is representative of the information gathered to date. Additional information will be collected from interviews, community meetings, data sources, best practices, and working group input.
Residents of the City of Concord have expressed concerns regarding the impacts of homelessness on neighborhoods, the business community, and on the persons experiencing homelessness themselves. In response, the City Council embarked on a strategic planning effort to address the crisis of homelessness in the Concord community. The Plan will help assess gaps in services, clarify community goals, identify strategies, and help set priorities for funding investments to effectively respond to and prevent homelessness. As one community member noted “Homelessness is not a crime. But homelessness is not acceptable”.
B. Methodology
The methodology used to gather information for this background report involved analyzing local data, conducting interviews, convening community meetings, holding focus groups, and other sources of relevant information. Specifically, please note that the current data utilized for this report is gleaned from homeless data from the County and local County Continuum of Care. To date, we have conducted or scheduled over 20 interviews, focus groups, meetings with community leaders, local government officials, business community representatives, and non-profit organizations. Additionally, we have conducted one community meeting and will have completed a second by the publishing of this report. Future meetings will include additional services providers, unsheltered and sheltered homeless individuals, public community meetings, and local business owners.
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Background Report on Homelessness
II. City and Regional History of Homelessness
This section incorporates information from previous local and county wide plans to address homelessness as well as information gleaned from interviews regarding the history of homelessness in Concord. Once community outreach is complete, an analysis will compare the previous state of homelessness to the current situation.
Homelessness extends beyond the boundaries of Concord. In recent years, homelessness has emerged as a nationwide crisis, garnering significant attention and concern from community members, politicians, service providers, and persons of lived experience. The U.S. Department of Housing and Urban Development (HUD) Annual Homeless Assessment Report (AHAR) presented to Congress in 2022 offers valuable insights into the far-reaching consequences of homelessness throughout the country. The 2022 AHAR states that over 580,000 people experienced homelessness on a single night in January 2022.
According to the AHAR:
More than half of all people experiencing homelessness in the country were in four states:
California (30% or 171,521 people); New York (13% or 74,178 people); Florida (5% or 25,959 people); and Washington (4% or 25,211). California accounted for half of all unsheltered people in the country (115,491 people).
Current Plans In Region
Significant effort has been made to coordinate a regional response to the increase of unsheltered residents in Contra Costa County. As a component of this, annual reports and plans have been developed across the county. Most of these plans focus on a broader systemic level and are not tailored to the specific needs of the individual cities in the County.
2021 H3 (CoC) Annual Report
The Contra Costa County Continuum of Care (CoC) 2021 Annual Report evaluated demographic data and outcomes about households accessing homeless services during Calendar Year 2021. The report was produced by the County’s Department of Health, Housing, and Homeless Services (H3.) A summary of COVID-19 related activities that took place during 2021 to protect people experiencing homelessness was also provided. This information has been used to determine system-wide needs for planning, grantwriting, and program and policy development.
In 2021, 9,119 people were served across the CoC, making up 6,816 unique households. There were 9,119 people served across the CoC during 2021, making up 6,816 unique households. This shows a 9% decrease in households since 2019. These households accessed services across three program model categories: 1) prevention and diversion for households at risk of homelessness, 2) crisis response for households
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Background Report on Homelessness
experiencing literal homelessness, and 3) permanent supportive housing (PSH) for formerly homeless households with a need for continued support.
● 76% of household enrollments were in crisis response (N=5,373 households), 13% in permanent supportive housing (N=933 households), and 11% in prevention and diversion (N=751 households) ● Street outreach was the most accessed program model (N=3,209 households), followed by support services (N=2,150) and emergency shelters (N=1,230 households) ● Exits to permanent housing were highest for households in PSH (96% either retained their PSH or exited to permanent housing); followed by 80% for those in prevention and diversion, and 17% for households accessing crisis response program models. ● In total, 1,758 households exited, or retained, permanent housing through CoC programming. 2022 Contra Costa Health Annual Report
While the Annual Health Report is not directly related to unsheltered reporting, there is a great deal of useful information that can be gleaned from them. Specifically, these reports give us useful insight into regional physical and mental health trends and volume of persons utilizing public services. One-in-five residents in the county is covered by Contra Costa Health Plan; almost all members are on MediCal and 66% are people of color. The Health Plan offers a more equitable, coordinated and person-centered approach to maximize people's health and life trajectory with the State's transformation of the MediCal system.
One such new benefit is directly connecting patients with complex needs who are facing difficult life and health circumstances with a community healthcare worker. These navigators coordinate care and healthrelated services for over 8,000 patients with the highest need, making it easier for them to get the right care at the right time. Community health workers also help people avoid unnecessary care, disease complications, or costly emergency department visits by encouraging early disease detection through health education about appropriate screening and promoting effective, timely management of chronic conditions. The Health Plan coordinated equitable access to services that address physical, behavioral, developmental, dental, long-term care, and social needs. 2021 RIC Regional Action Plan
The Regional Impact Council (RIC) Action Plan was convened in 2020 by members from across the Bay Area to coordinate a regional response to advance system level changes to solve poverty, housing insecurity, racial inequity, and homelessness crisis facing our region and state. Below are the core priorities identified to improve the foundations of a healthy, responsive Bay Area homeless services system:
▪ Strategic Priority #1: Secure Shelter-In-Place (SIP) housing location - Priority #1 aims to develop a framework for all Bay Area counties that provides a pathway for those who moved indoors during
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Background Report on Homelessness
the pandemic to transition from interim housing into a range of suitable permanent housing solutions.
▪ Strategic Priority #2: Streamline State funds & applications for housing & homeless services - Four key state agencies contribute to the State's basic housing efforts, but there is not a wellcoordinated plan to effectively use their collective financial resources to support affordable housing acquisition and development.
▪ Strategic Priority #3: Prioritize ELI for housing resources - In its well-intended efforts to serve all Californians, the state’s agencies, with increasing momentum, are targeting higher AMI categories, resulting in less funding for housing that is desperately needed to house ELI households.
▪ Strategic Priority #4: Extend covenants of affordability to preserve affordable housing supply and fund ELI tenancy - A significant portion of the Bay Area’s affordable housing units are not permanently affordable. Instead, these units have covenants, that if not extended, expire and the housing resets to market rate.
▪ Strategic Priority #5: Extend eviction protection - In 2020, the COVID-19 crisis devastated the region, with a disproportionate impact on the lowest income individuals and families, particularly BIPOC households. The rent burden – already high –on the low income (< 50% AMI) and extremely low income (<30% AMI) populations was exacerbated by COVID-related job losses and financial hardship this year.
▪ Strategic Priority #6: Accelerate cash payments to people impacted by COVID-19 - While highwage workers have experienced a 4.3 percent decrease in employment during the pandemic, lowwage workers have suffered a 26.9 percent decrease, a historically unprecedented divide during a recession.
▪ Strategic Priority #7: Provide targeted rental assistance to those impacted by COVID-19, who are most vulnerable to homelessness - This priority aims to prevent the impending wave of evictions that could occur when the moratoriums eventually are lifted. ▪ Strategic Priority #8: Accelerate targeted, data-informed regional prevention model - Prior to the pandemic, the Bay Area had the distinction of having more than 35,000 people who were homeless. With massive job and income loss among low wage workers due to the pandemic, many of whom were severely rent-burdened, we can expect that poverty and homelessness will rise in 2021.
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Historical PIT Numbers
The Point-in-Time Count (PIT) is a census of sheltered and unsheltered people experiencing homelessness on a single night in January. This count is conducted every year, as required by the U.S. Department of Housing and Urban Development (HUD). The HUD definition of “sheltered” for the PIT is those residing in emergency shelters, transitional housing, and Safe Havens; “unsheltered” is defined as those residing in places not meant for human habitation (i.e., vehicle, abandoned building, bus/train/subway station/ airport, or anywhere outside). Households who are staying with friends/family, also known as “couch surfing,” are not counted under this report. For the purpose of this report, data from 2018-2020 Point-inTime County (PIT) are included, with the 2022 count being dismissed by HUD. More information on the purpose of PIT can be found later in the report. The table below shows the fluidity of homelessness from 2018-2020. In 2020, the City of Concord accounted for approximately 10% of the total count of unsheltered individuals (160 unduplicated individuals).
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III. Current State of Homelessness
When most communities describe homelessness, they are typically describing the unsheltered person on the street who is encamped and/or in the general community exhibiting mental health issues. This is consistent with the information that we have gathered from our work at this point on the City of Concord’s Homeless Plan.
What else do we know about the unsheltered population in the City Concord? According to outreach and law enforcement, many of the homeless who call Concord their home are long term homeless, chronic homeless individuals. Perhaps up to 90% of homeless in Concord fit this description. Additionally, due to the transient nature of homelessness, outreach efforts focus on individuals who may move back and forth between Concord and adjacent cities.
What does this mean for Concord? Concord may want to consider a regional approach to homelessness, partnering with surrounding cities. Additionally, addressing homelessness in Concord may be complicated and take a longer period of time to show a reasonable level of progress. For this more entrenched population, there will have to be a higher level of trust built to convince these individuals to pursue shelter and housing options. With the appropriate outreach approach, focusing on relationships, homeless individuals may eventually choose a pathway toward shelter or housing and eventually selfsufficiency.
Therefore, Concord, like most jurisdictions its size, may conclude that it must take a two-pronged strategy to address homelessness.
Approach #1: Create efficient pathways for individuals who are ready or desire to pursue housing and self-sufficiency. Programs and concepts such as rapid rehousing, housing navigation, housing subsidies, and affordable housing can be used to support this approach.
Approach #2: Manage those individuals who are not ready to or do not have the ability to maintain affordable housing. Services for these individuals could include mobile meal programs, low barrier shelter beds, legalized camping, parking areas, day shelter sites, street nursing and other survival services. These individuals would be continually encouraged to pursue the first path.
Emerging Consensus
The strategic planning process involves a systematic and structured approach to developing a long-term vision and a set of objectives to guide future actions. As part of this process, comprehensive outreach is being conducted to engage various stakeholders, including community members, the business
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Background Report on Homelessness
community, service providers, and local government. Through active and inclusive participation, stakeholders contribute their insights, perspectives, and expertise to shape the strategic direction.
Although the strategic planning process is still in progress, certain commonalities are beginning to surface.
These shared elements reflect recurring themes, ideas, or priorities that diverse stakeholders have identified during our outreach and engagement phase. These emerging commonalities serve as important guiding principles and may inform the subsequent steps in the planning process. Below is a brief summary:
• The understanding that homelessness is complicated and that there is not one single project or program that will fully solve Concord homelessness.
• Homelessness will require a regional solution in partnership with surrounding jurisdictions. • The level of services available in the City of Concord may impact the level of homelessness. • There appears to be a consensus among community members and services providers that there is a need for some type of centralized service center to address the unsheltered homeless population. Related to this, service providers understood that increased services would need to result in a decrease in visible homelessness.
• There is a consistent theme that there is a need for a higher level of communication with the general public regarding homeless issues. In addition, a consensus solution from our various meetings and interviews would involve the facilitation of more interaction between homeless individuals and the general public. This would bring a greater level of understanding of the homeless experience and the impact of homelessness on the community. • The data along with information share during meetings/interviews indicates that housing is not affordable for those with limited income sources(SSI, etc) Additional trends will be added at a later date based on further meetings and interviews. The current identified trends come with the recognition that the strategic landscape is evolving and new trends and developments emerge over time. While the strategic planning process involves identifying current trends and commonalities, the future may bring forth new and significant factors that can influence the direction of the strategic plan.
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Background Report on Homelessness
IV Homelessness: The Numbers, The Data
Homeless Management Information System (HMIS)
The Homeless Management Information System (HMIS) is an information technology system used to collect client-level data for individuals and families experiencing homelessness or who are at risk of homelessness.
Identifying the number of people sleeping outside in a particular city is challenging because people may move around to be closer to services, be near family, or escape unsafe situations. Service agencies collect two types of city data for people accessing homeless services: 1) city in which they last had stable housing and 2) city they slept in the night before they enrolled into programs. These two data elements are used to identify where people are “from” and help understand housing and homelessness issues in cities in Contra Costa County. Within HMIS, there are ten (10) program models with varying services and resources. These programs fall under three (3) categories:
• Prevention and Diversion - people/households who are at imminent risk of homelessness or currently homeless but have resources to avoid the homeless system of care. Services include case management, conflict resolution, and financial assistance. • Crisis Response -people/households currently experiencing literal homelessness. Services include street outreach, interim housing, basic needs, case management, referrals to financial benefits, and linkages to health and housing services.
• Permanent Housing - long-term housing support; the majority are designed for people/households who were formerly homeless, who have disabilities, and need long-term wrap-around services.
During Calendar Year (CY) 2022, there were a total of 10,593 unique individuals making up 7,716 households in HMIS. Of the 7,716 households throughout Contra Costa County:
● 2,270 were enrolled in prevention and diversion programs. ● 5,850 were enrolled in crisis response programs.
● 1,155 were enrolled in permanent supportive housing programs.
In CY2022, approximately 2,601 households (2,814 individuals) either lost their housing or slept in Concord. Households from Concord made up 34% of all households served in the CoC during 2022. Over the last four (4) years, there has been a 1% increase in the number of households served in the CoC (Figure One).
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Background Report on Homelessness
Within Concord, the majority of enrollments for homeless households were in crisis response programs designed for people experiencing literal homelessness (approximately 79%). Of the households experiencing literal homelessness accessing crisis response services, 94% were adult-only households.
Only 6% of households experiencing literal homelessness were households with children. More than three-quarters (80%) of people experiencing homelessness from Concord were working age adults between the ages to 25 and 64. Nine percent (9%) were age 65 or older, transitional age youth (TAY) ages 18-24 made up 7%, and minors under the age of 18 made up 4% (Figure Two).
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Background Report on Homelessness
Approximately 82% of homeless households accessing crisis response services in Concord reported having at least one person with a disabling condition. Over half of Concord households reported having a household member with a mental health condition; 48% reported having a substance use disorder; 42% reported having a chronic health condition and/or physical disability; and 19% reported having a developmental disability (Figure Three).
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HMIS shows six percent (6%) of individuals receiving crisis response services in Concord meet Veteran status. This is approximately 98 adults. With regards to exiting to permanent housing, it is common that many households stop accessing CoC services after finding housing or moving out of the area, resulting in a lack of exit destination data. One-third of enrollments in crisis response among households from Concord had missing exit data. Among enrollments with exit destination data, 19% exited to permanent housing, and 43% exited to interim or temporary housing: 24% to a temporary setting, 14% to an emergency shelter, and 6% to an institutional setting. Another 14% exited to an unsheltered setting, and 24% were still active in a program as of May 2023 (Figure Four).
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The following data is provided by the H3 CORE Outreach Team throughout Contra Costa County. Between the timeframe of January 1, 2022 and May 11, 2023, approximately 1,627 unduplicated clients were provided outreach services. Of the 1,627 clients, 643 stated that they lost housing in Concord, resulting in homelessness (39.52%). Throughout the County, 90.96% of the clients stated their prior living situation was a place not meant for habitation, and 5.59% stated their prior living situation was an emergency shelter (including hotel or motel paid for by a non-profit agency). Nearly 70% of clients the CORE Team made connections with reported sleeping in Concord the night prior to entering HMIS (1,133 individuals).
Furthermore, 1,271 out of 1,627 individuals reported having a disabling condition (78.12%). A majority of the unique individuals contacted were adult only households, with only 19.48% being households with children. Additionally, 14.81% of clients reported being a survivor of domestic violence, and 3.5% having Veteran status. According to HMIS data, 60% are white individuals, followed by Black/African American/African at 21%; 9% American Indian/Alaska Native/Indigenous; 6% Multi-Racial; 2% Asian/Asian American; and 2% Native Hawaiian/Pacific Islander (Figure Five).
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An additional data point CORE collects is “What brought you to this City/County?” The primary response (40.63%) was that the individual grew up in the area. This is closely followed at 35.53% response of “family/friends live here;'' 12% have services here; 8.5% are just passing through; and 3% responded “this city is all I know. More than 25% of the CORE clients during this reporting period have been homeless longer than 5 years, and nearly 25% have been homeless 0-6 months. The primary cause of homelessness is reported as having low income. This response is followed by being thrown out, substance abuse, loss of employment, and mental health.
C. Point-in-Time Count and Housing Inventory Count
The Point-in-Time Count (PIT) is a census of sheltered and unsheltered people experiencing homelessness on a single night in January. This count is conducted every year, as required by the U.S. Department of Housing and Urban Development (HUD). For the purpose of this count, “sheltered” means those residing in emergency shelters, transitional housing, and Safe Havens. The Housing Inventory Count (HIC) is an inventory of housing and shelter programs within Contra Costa County completed in conjunction with the PIT. Bed inventory is categorized by five (5) categories: Emergency Shelter, Transitional Housing, Rapid Rehousing, Safe Haven, and Permanent Supportive Housing. Both the Point-in-Time and Housing Inventory Counts are conducted by the Contra Costa Continuum of Care, and all reports to HUD are county-wide. The 2023 data is only available with county-wide information, with additional Concordspecific data being provided at a later date.
The 2023 homelessness numbers are similar to “pre-COVID-19” days, with a 4% increase since 2020. The largest increase is among the unsheltered population, with 1,653 unsheltered individuals in 2023
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compared to 1,570 individuals in 2020. The sheltered portion of the PIT saw a 12 person increase from 2020. Among the adult-only households surveyed, 71% were unsheltered, and approximately 50% of the households with children were experiencing unsheltered homelessness. Additionally, within Contra Costa County, 49% of adults surveyed reported having a serious mental health condition, 51% have a substance abuse disorder, 30% are victims of domestic violence, 5% are Veterans, and 67% meet the requirements of chronic homeless status.
The 2023 Housing Inventory Count reported 2,779 interim and permanent housing beds available within the County. Approximately 613 beds are provided through emergency shelter programs, 1,323 permanent supportive housing beds, 275 transitional housing, 294 rapid rehousing, and 274 other permanent housing beds. Bed capacity has increased by 562 beds since 2020, with the largest growth being other permanent housing. Emergency shelter beds throughout the Continuum have decreased by 17.
D. Community Perspective and Surveys
At this time, we have convened one meeting with service providers and one meeting with populations served in Concord. The general sentiment among those who are experiencing homelessness is a recognition that many (estimated to be “half” in our meeting) unhoused persons are contributing to the negative perception that is felt in the general community. A small proportion of unhoused persons are committing the vast majority of crime and theft in the city, feeding into the perception residents may have. However, there was agreement that many local unhoused persons have not been given a fair shot in the community, and that more empathy and understanding is needed. Both housed and unhoused community members indicated a strong need for further education and and visible resources in the community.
Thurmond Consulting, in partnership with the CoC, will be conducting surveys in the Concord community to uncover the informational gaps in homeless services. The Community Perspective and Survey data will only be included after the working group meeting scheduled for May 22, 2023. The following surveys will be conducted: a Homeless Services Client Survey, a Community Survey, and a Homeless Services Agency Survey. Each survey will assess gaps in services, clarify community goals, identify strategies and set priorities for funding investments to effectively respond to homelessness.
Based on conversations with the Rainbow Center, it is believed that homeless LGBQTIA+ transitional age youth (TAY) are increasing in the area. The Rainbow Center provides clinical mental health treatment, hotel vouchers, assistance with medication groceries/food, financial assistance, relocation assistance, transitional housing through H3. LGBQTIA+ Youth mainly find them by word of mouth, on their website, or 211 referrals. Many LGBQTIA+ have mistrust of institutions and binary housing (separated by male and female) due to the threat of bullying or physical attacks.
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E. Law Enforcement Calls for Service
Within March 2023, the City of Concord Police Department received 559 calls that had keywords “homeless,” “transient” and/or a variation of similar terms. Of the 559 calls, approximately 225 were specific to homelessness.
F. Service Provider Perspectives
In discussion with service providers on what the most pressing need is in the area, the response was the need for interim housing, shelter with wrap around services, and improved coordination. The need for interim housing was followed by a need for more affordable housing. The city was a good partner with the use of hotels during COVID. Now that these programs are concluding, there is still a need for emergency shelter, especially during weather events.
Regional Coordination
Although County projects, such as the Concord shelter, serve homeless from throughout the county, there is an understanding that some cities are developing shelter or services just for homeless residents of their city. Many cities in CCC are working on individual homeless strategies or programming. Concord and other cities can learn from the county and from each other. However, some type of regional coordination would be good for all jurisdictions. A regional, unified approach may be more successful. Improvement in coordination between nearby cities is already happening between Concord, Walnut Creek and Pleasant Hill CORE homeless outreach programs. Persons experiencing homelessness do not move around as much as may be expected. Concord CORE reports that approximately 75% of the persons they work with grew up in Concord or have a long-term association with Concord. Most meet the definition of chronic homeless, they have been homeless in the area for a considerable period of time. Richmond and Antioch report similar results.
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V. The Business Community and Homelessness
Information shared in this section is gleaned from the Concord Chamber of Commerce and the informal survey of its member businesses impacted by homelessness. An additional session to include local businesses, as referred by the Chamber and City economic development staff, will take place in May 2023.
Homelessness is an Economic Development Issue
Chamber staff shared the general frustration in the business community with encampments on or near business as well as individuals publicly experiencing mental health episodes. Chambers staff stated that some businesses have chosen to change their hours of operation due to safety concerns. Staff shared that law enforcement is reasonably responsive. However, many local businesses are not aware of the Concord Connect app and how they can identify homeless encampments utilizing it. Chamber staff indicated that they would be willing to share the app with its members more broadly. They also indicated that the City of Concord may want to make the 9000 plus business in Concord owners aware of the app's capabilities.
What Does Success Look Like for the Business Community? Success for the business community would be seeing no people sleeping on the sidewalk or generally disruptive behavior on the street. It was agreed this will take a regional approach to make progress.
Incremental reductions in homelessness would show progress towards goals, but the City needs to communicate these changes so that the public can appreciate successes.
VI. The Economic Impact
This section will include local staff time and funding utilized to address homelessness. This section will also address the positive economic impacts of operating programs to homelessness.
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VII. Services Available to Unhoused Persons in Contra Costa County
SERVICES IN CONTRA COSTA COUNTY
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Available Service In Contra Costa County
• Shelter Program and Housing Assistance – Page 22
• Mental Health and Substance Use Services – Page 28
• Health Services – Page 34
• Food banks – Page 36
• Veteran Services – Page 40
• Legal Services – Page 40
Data on available services for unhoused persons in Contra Costa County were identified and compiled in the service map above. A full list of services available in Contra Costa County would result in a much longer document. For the intents of this report, we have shortened the list of available services. The finalized background report will include a interactive map with broader analysis of County-wide services and resources to compare with local resources in the City of Concord.
A. Shelter Program and Housing Assistance
California Mortgage Relief Program
The California Mortgage Relief Program supports homeowners who have fallen behind on their housing payments due to pandemic-related hardships. The program will help homeowners make past due housing payments - up to a maximum of $80,000 per household - by making a one-time direct payment to the mortgage servicers.
Residential Rent Registry
This program requires that all landlords of multifamily complexes with four or more units register with the City on an annual basis. The 2022 report builds upon and includes year-over-year comparisons to the baseline data obtained in 2021.
Affordable Housing - Department of Conservation & Development Martinez, CA 94553
Provides online affordable housing list for low-income families with dependent children, seniors, disabled individuals, HIV/AIDS diagnosed individuals, transitional individuals, and combinations of each.
Affordable Housing - Eden Housing
Hayward, CA 94544
Lists apartment rentals for low and moderate income families, seniors, people with disabilities and people with Section 8 certificates throughout the SF Bay Area and San Joaquin County. www.edenhousing.org/find-an-apartment/find-a-home/search-for-an-apartment/ Brookside Shelter - CCHS
847 C Brookside Drive Richmond, CA 94801
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Provides emergency adult shelter for single adults.
California Apartment Association Contra Costa
3478 Buskirk Avenue, Suite 1020 Pacific Business Center/Hookston Square Pleasant Hill, CA 94523 Provides general information and referrals for landlords on a variety of issues.
Calli House: Homeless Shelter for Youth - CCHS
845-B Brookside Drive Richmond, CA 94801
Provides an emergency shelter for homeless individuals age 18-24.
CARE Center - GRIP - Richmond
165 22nd Street Richmond, CA 94801
Provides basic needs where homeless individuals can have access to meals, mailbox, showers, and phones.
CARE Center - Trinity Center - Walnut Creek
1888 Trinity Avenue Walnut Creek, CA 94596
Provides a respite and services for low-income adults and/or homeless in the Walnut Creek area.
Center for Women and Children - Bay Area Rescue Mission 224 MacDonald Avenue Richmond, CA 94801
Provides limited intakes for Christian based full-time year long program.
Clean Start Showers Martinez - The Bay Church
360 Ferry Street Martinez, CA 94553
Provides free 15-minute mobile showers.
Clean Start Showers Pittsburg - Church of the Nazarene - The Bay Church 5305 Kirker Pass Road Pittsburg, CA 94565
Provides a one-day shower to help homeless individuals during the summer heat wave.
Clean Start Showers Pittsburg - Loaves and Fishes - The Bay Church 1415 Simpson Court Pittsburg, CA 94565
Provides free 15-minute mobile showers.
Contra Costa County Employment & Human Services-Antioch - CCC EHSD 4545 Delta Fair Boulevard Antioch, CA 94509 (877) 505-4630 Provides applications and application interviews for CalFresh, CalWORKs, Medi-Cal, General Assistance, CAPI and other social services provided by the county.
Contra Costa County Employment & Human Services-Brentwood - CCC EHSD 151 Sand Creek Road, Suite A Brentwood, CA 94513
21 City of Concord
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Provides applications and application interviews for CalFresh, CalWORKs, Medi-Cal, and other social services provided by the county.
Contra Costa County Employment & Human Services-Hercules - CCC EHSD 151 Linus Pauling Drive Hercules, CA 94547
Provides applications and application interviews for CalFresh, CalWORKs, Medi-Cal, and other social services provided by the county.
Contra Costa County Employment & Human Services-Pleasant Hill - CCC EHSD 400 Ellinwood WayPleasant Hill, CA 94523
Provides applications and application interviews for CalFresh, CalWORKs, Medi-Cal, General Assistance, and other social services provided by the county.
Contra Costa County Employment & Human Services-Richmond - CCC EHSD 1305 Macdonald Avenue Richmond, CA 94801
Provides applications and application interviews for CalFresh, CalWORKs, Medi-Cal, General Assistance, and other social services provided by the county.
Delta Landing
2101 Loveridge Road Pittsburg, CA 94565
Provides emergency shelter and interim, non-congregate housing for single adults or couples.
Don Brown Shelter - BACS
1401 West 4th Street Antioch, CA 94509
Provides a homeless shelter for single men or women who have been diagnosed with a severe mental illness.
Financial Education Program - CHDC
Richmond, CA 94801 (510) 412-9290 x229
Due to COVID-19, limited services available by phone and email. 1535-A Fred Jackson Way
GRIP Emergency Family Shelter
165 22nd Street Richmond, CA 94801
Offers emergency shelter for families with children or pregnant women.
Home Match Contra Costa - Front Porch Community Services 2185 North California Boulevard, Suite 215 Walnut Creek, CA 94596 Provides housemate matching program for homeowners and home seekers who are 18+ interested in shared housing with adults in Contra Costa County with incomes below 120% of the county median.
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Hope Solutions
399 Taylor Boulevard, Suite 115 Pleasant Hill, CA 94523 Provides permanent affordable housing solutions and vital support services to homeless and very lowincome families and individuals in Contra Costa County.
Housing Authority of CCC - Housing Choice Voucher/Section 8 Program 2870 Howe Road Martinez, CA 94553
Administers the Housing Choice Voucher/Section 8 program.
Housing Authority of CCC - Pittsburg Public Housing Office 875 El Pueblo Avenue Pittsburg, CA 94565
Manages public housing in the area, reporting office for public housing residents via phone, email, or fax.
Housing Authority of CCC - Rodeo Public Housing Office
California Street Rodeo, CA 94572
Manages public housing in the area, reporting office for public housing residents via phone, email, or fax.
Housing Authority of CCC - San Pablo Public Housing Office San Pablo, CA 94806
Manages public housing in the area, reporting office for public housing residents via phone, email or fax. 2324 College Ave
Housing Authority of CCC - Section 8 Rental Listings
Martinez, CA 94553
Provides rental referrals online.
Housing Authority of Contra Costa County - Administrative Office 3133 Estudillo Street Martinez, CA 94553
Administration for Contra Costa County Housing Authority.
Housing Authority of the City of Pittsburg
Pittsburg, CA 94565
Offers Housing Choice Voucher Program (Section 8) which provides assistance to help people afford housing that is privately owned.
Housing Authority of the City of Richmond
330-24th Street Richmond, CA 94804
Administers public housing for low-income families and individuals, and section 8 housing choice voucher program, also receives other funding for drug elimination, capital improvements and site/development revitalization.
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Independent Living Resource (ILR) - Antioch
420 Railroad Avenue, Suite 101 Pittsburg, CA 94565
Provides information, referrals, assistance, understanding and hope to persons of all ages with disabilities as well as elderly individuals for the purpose of helping them to live as independently as possible.
Love-a-Child Missions
2279 Willow Pass Road Bay Point, CA 94565
Provides shelter and substance abuse recovery services for homeless women, homeless pregnant women and homeless woman with boys 0-12 and/or girls 0-14, homeless pregnant women and homeless women including legal and court assistance.
Men's Center - Bay Area Rescue Mission
200 MacDonald Avenue Richmond, CA 94801
Provides emergency shelter stay.
Mobile Showers - Share Community
525 East 18th Street Antioch, CA 94509
Provides mobile showers and toilet facility, hygiene, clean clothes, occasional haircuts , and light snacks.
Mountain View Family Emergency Shelter - Shelter, Inc.
1391 Shell Avenue Martinez, CA 94553
Provides shelter for 10 families and provides three meals a day.
Oakland Catholic Worker
4848 International Boulevard Oakland, CA 94601
Provides a sanctuary house, assistance with basic needs and community orientation for Latin American refugees and immigrants age 18+.
Operation Dignity, Inc.
3850 San Pablo Avenue, Suite 102 Emeryville, CA 94608
Provides transitional housing for homeless veterans, including those with a past history of substance abuse and/or mental health issues.
Prevention and Diversion - Caminar
***CONFIDENTIAL*** San Mateo, CA 94402
Works with families who have an open case with Children and Family Services (CFS), who are at imminent risk of becoming homeless.
Prevention and Diversion - Hume Center
Richmond, CA 94806
Works with individuals who at imminent risk of becoming homeless within 14 days.
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Rapid Exit Program - Hope Solutions
399 Taylor Boulevard Pleasant Hill, CA 94523
Works with individuals and families who are experiencing literal homelessness.
Rapid Rehousing - Caminar
San Mateo, CA 94402
Works with individuals and families who are experiencing homelessness.
Rapid Rehousing - Shelter, Inc.
1333 Willow Pass Road, Suite 206 Concord, CA 94520
Provides case management, housing search assistance, employment search assistance and partial, timelimited financial assistance for security deposit and rent costs using a housing first, progressive engagement model.
Rapid Resolution - Hume Center
Richmond, CA 94806
Works with individuals and families who are experiencing literal homelessness.
Rollie Mullen Center - STAND! For Families Free Of Violence Concord, CA 94520
Provides a 24-bed space shelter for single women and children and a 7-unit transitional housing program.
Safe Refuge for Children and Families
25A Crescent Drive #337 Pleasant Hill, CA 94523
Provides temporary safe homes where parents may voluntarily have their children cared for during a family crisis.
Season of Sharing Contra Costa County - CCC EHSD
Pleasant Hill, CA 94523
Provides rent, deposit, or mortgage payment assistance including furniture assistance.
Shepherd's Gate - Brentwood
605 Sycamore Avenue
Brentwood, CA 94513
Provides long term progressive program for single women or mothers with children.
Shepherd's Gate - Livermore
1660 Portola Avenue Livermore, CA 94551
Provides long term progressive program for single women or mothers with children.
Shower House Ministries
25 City of Concord
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425 Fulton Shipyard Road Antioch, CA 94509
Offers mobile showers, clothing and meals to homeless individuals.
Shower Power - Safe Organized Spaces Richmond
Richmond, CA 94801
Collaborates with the City of Richmond, other public agencies, nonprofit partners, and civic and private groups for outreach and encampment organizing among unsheltered people across West Contra Costa County.
Swords to Plowshares
2719 Telegraph Avenue Oakland, CA 94612
Due to COVID-19, limited mail and referrals to veterans.
Tri-Valley Haven
3663 Pacific Avenue Livermore, CA 94550
Provides shelter and counseling for battered women and their children.
Veterans Accession House
1820 Galindo Street, Suite 210 Concord, CA 94520
Contracted through the Department of Veterans Affairs to provide service intensive transitional housing for homeless and at-risk single male veterans.
Winter Nights Family Shelter Inc.
Pleasant Hill, CA 94523
Provides shelter for Contra Costa homeless families (men and women) WITH dependent children and a Safe Parking Program to individuals, couples and families living in their vehicles.
Young Adult Program - Trinity Center
1888 Trinity Avenue Walnut Creek, CA 94596
Supports young adults, between the ages of 18 and 28, who experience or are at risk of experiencing housing and food insecurity.
B. Job training and employment assistance
This section will include resources currently available for homeless individuals that can lead to employment and self-sufficiency. We will also provide typical pathways for serving homeless individuals that are unemployable.
C. Mental Health Services
This section will focus on local resources to address medical, substance use, and mental health for homeless individuals. We will also provide information on funding sources and programmatic components
26 City of Concord
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that can serve homeless who deal with these issues. Project concepts could include treatment programs, board and cares, counseling, etc. Below is a summary of existing Health Care resources for unsheltered persons:
A3 (Mobile Crisis Response Team) - CC Health
Concord, CA 94520
Provides timely and appropriate emergency behavioral health support.
African American Wellness Program - Center for Human Development 3105 Willow Pass Road Bay Point, CA 94565
Offers Mind, Body, and Soul support group to East African American individuals.
Antioch Children's Behavioral Health - CC Health
2335 Country Hills Drive Antioch, CA 94531
Provides mental health services to children and youth ages 5 through 18 who are East Contra Costa residents including early intervention for children and wraparound services.
Asian Family Resource Center - VistAbility
12240 San Pablo Avenue Richmond, CA 94805
Provides site-based life skills support groups in Laotian, Mien, Khmu, Thai, and Vietnamese.
A Step Forward, Inc - Concord Child Abuse Treatment and Training 2827 Concord Boulevard Concord, CA 94519
Provides individual therapy for children/teens who have been physically, emotionally, or sexually abused.
Avalon House and NPS - Fred Finch Youth and Family Services 3800 Coolidge Avenue Oakland, CA 94602
Offers a placement program for youth who exhibit a wide range of acting out behaviors including:
aggression, property destruction, running away, sexual acting out, defiance and self-injury behaviors.
Awakening: A Center for Exploring Living and Dying
7205 Keyesport Way Discovery Bay, CA 94505
Provides support groups for those involved in the process of grieving or dying, and spiritual support for those facing a life-threatening illness as well as their families and friends.
Antioch Children's Behavioral Health - CC Health
2335 Country Hills Drive Antioch, CA 94531
Provides mental health services to children and youth ages 5 through 18 who are East Contra Costa residents including early intervention for children and wraparound services.
Asian Family Resource Center - VistAbility
27 City of Concord
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12240 San Pablo Avenue Richmond, CA 94805
Provides site-based life skills support groups in Laotian, Mien, Khmu, Thai, and Vietnamese.
Awakening: A Center for Exploring Living and Dying
7205 Keyesport WayDiscovery Bay, CA 94505
Provides support groups for those involved in the process of grieving or dying, transpersonal/spiritual counseling for individuals, couples, and families.
Bay Area Psychotherapy Institute
3468 Mt. Diablo Boulevard, Suite B201 Lafayette, CA 94549 Offers a variety of mental health services by Associate Marriage and Family Therapists and Associate Professional Clinical Counselor supervised by licensed therapists; services include couples counseling, family therapy, child and adolescent therapy, individual counseling and group counseling.
Brighter Beginnings Family Health Clinic- Antioch
3505 Lone Tree Way, Suite 1 Antioch, CA 94509
Provides low cost primary health care for adults, teens and children regardless of insurance or immigration status.
Brighter Beginnings Family Health Clinic- Richmond
2727 Macdonald Avenue Richmond, CA 94804
Provides low cost primary health care for adults, teens and children regardless of insurance or immigration status.
California Council on Problem Gambling
41690 Ivy Street, Suite A7Murrieta, CA 92562
Provides Problem Gambling Helpline, outpatient counseling, inpatient treatment, support group information, education materials, legal and financial resources.
Casa de Luz Clinic - La Clinica de La Raza
2005 Main Street, Suite C Oakley, CA 94561
Provides specialty mental health services.
Child and Family Therapy - ECMHP
200 24th Street (24th & Bissell) Richmond, CA 94804
Provides child and family therapy for children birth to six and pregnant mothers 21 and under.
Community Health for Asian Americans - (CHAA) - Antioch 3727 Sunset Lane Antioch, CA 94509
Provides Screening, Diagnostic and Treatment (EPSDT) counseling for children, adolescents, families and groups age 5 to 21 in home, school or office.
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Community Health for Asian Americans (CHAA) - Richmond
3919 MacDonald Avenue Richmond, CA 94805
Provides Screening, Diagnostic and Treatment (EPSDT) counseling for children, adolescents, families and groups age 5 to 21.
Community Presbyterian Counseling Center - San Ramon
3180 Crow Canyon Place, Suite 140 San Ramon, CA 94583
Provides counseling services are for individuals, couples, families, and groups.
Discovery Counseling Center
Provides individual, family, couple, child and teen counseling services. 115-A Town & Country Drive Danville, CA 94526
East Contra Costa Family Justice Center
3501 Lone Tree Way Suite 4 Antioch, CA 94509
Offers one-stop center for people affected by domestic violence, sexual assault, elder abuse, child abuse and human trafficking.
East County Adult Mental Health Services – CCHS
2311 Loveridge Road, 2nd floor Pittsburg, CA 94565
Provides mental health services to Medi-Cal and low income East Contra Costa adults.
Familias Unidas Counseling & Information Center - Richmond 205-39th Street Richmond, CA 94805
Due to Coronavirus COVID-19, some services are provided by phone and tele-therapy.
Family Advocate for Mental Health - CCHS
1340 Arnold Drive, Suite 200 Martinez, CA 94553
Works with county mental health as a bridge between the system and explaining to families who are dealing with a family member 18+ and dealing with behavioral health issues.
First Hope - CCHS
391 Taylor Boulevard, Suite 100 Pleasant Hill, CA 94523 Provides intensive family-centered services to adolescents and young adults showing early signs of psychosis.
Foster Family Program - Northern California Family Center 2244 Pacheco Boulevard Martinez, CA 94553
Recruits and provides foster family certification to enable families to be eligible to provide a crisis home for youth needing a safe environment for youths, ages 0 to 17, who are experiencing crisis.
29 City of Concord
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Gamblers Anonymous - International Service Office
4981 Irwindale Avenue Suite 700 Baldwin Park, CA 91706
Provides 12-step support groups internationally for problem gamblers.
George & Cynthia Miller Wellness Center - CCHS
25 Allen Street Martinez, CA 94553
Provides routine and preventive health care services including primary care, short-notice/same-day appointments, family medicine, pediatrics, adult medicine, behavioral health and group classes.
Grief Counseling & Bereavement Support - Contra Costa Crisis Center Walnut Creek, CA 94598
Provides group grief support and counseling to adults, teens, and children mourning the death of a loved one.
HOPE - Lincoln Families
51 Marina Boulevard, Suite D Pittsburg, CA 94565
Provides integrated behavioral support services for students in K-12.
Hume Center - Pittsburg
555 School Street Pittsburg, CA 94565
Provides a broad range of services to adults with psychiatric disabilities.
Hume Center - Richmond
3095 Richmond Parkway, #201 Richmond, CA 94806
Provides a broad range of outpatient, psychotherapy services to adults, facing moderate to severe psychiatric disabilities.
Intensive Foster Care Services - We Care Services for Children 1450 Civic Court, Suite 200Concord, CA 94520
Provides intensive case management services for eligible children ages 0-6 in current foster care placement or in the family reunification process.
Lynn Center Early Intervention Services Children Birth to Six 300 East Leland Road, Suite 100 Pittsburg, CA 94565
Provides full range of early intervention services and supports to children and families who may be experiencing trauma, stress, loss, abuse, attachment and bonding issues, or various life changes.
Mental Health Counseling - John Muir - Village Community Resource Center 633 Village Drive Brentwood, CA 94513
30 City of Concord
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Partners with Village Community Resource Center and Fred Finch Mental Health Services to offer free and confidential mental health counseling to the local community.
National Institute of Mental Health
6001 Executive Boulevard Rockville, MD 20852
Provides research on mind, brain and behavior to relieve the burden of mental illness.
New Hope Bipolar Support Group - Lafayette
49 Knox Drive, Room #204 Lafayette, CA 94549
Provides support group for parents of adolescents and transitional aged youth diagnosed with neurobehavioral problems.
Office for Consumer Empowerment - CCHS
1340 Arnold Drive, Suite 200 Martinez, CA 94553
Educates, empowers, and motivates mental health consumers to engage in their own individual recovery and become active in the community.
Older Adult Mental Health Services – CCHS
2425 Bisso Lane, Suite 100Martinez, CA 94553
Provides mental health services for adults 60+ with a qualifying mental health concern. 2425 Bisso Lane, Suite 100
Pediatric Behavioral Management Clinic
2500 Alhambra Avenue Martinez, CA 94553
Provides wraparound services to children with a attention or hyperactivity problems and behaviors that may indicate Autism Spectrum Disorders (ASD) including impairments with language and/or play skills.
People Who Care
2231 Railroad Avenue Pittsburg, CA 94565
Provides preventative, individualized and comprehensive mental health support services to at risk youth.
Psychiatric Emergency Services – CCHS
2500 Alhambra Avenue, Unit 3C Martinez, CA 94553
Provides emergency psychiatric evaluation/treatment to people who present an imminent danger to self, others, grave disability or mental health crisis.
Touchstone Counseling Services
140 Mayhew Way, Suite 606 Pleasant Hill, CA 94523
Provides counseling, educational workshops and programs to individuals, children, couples and families.
Trinity Counseling Center
31 City of Concord
Background Report on Homelessness
13847 East 14th Street San Leandro, CA 94578
Provides individual, child and adolescent counseling, marriage and pre-marital counseling, family counseling, and pastoral counseling.
West Contra Costa Family Justice Center
256 24th Street Richmond, CA 94804
Offers one-stop center for people affected by domestic violence, sexual assault, elder abuse, child abuse and human trafficking.
West County Adult Mental Health Services - CCHS
Provides mental health services to Medi-Cal and low income West Contra Costa adults.
West County Child and Adolescent Services - CCHS
13585 San Pablo Avenue, 1st Floor San Pablo, CA 94806
Provides mental health/wraparound/psychiatry services to children and youth ages 5 through 18 who are West Contra Costa residents including early intervention for children birth to 5.
YWCA Mental Health Program
1320 Arnold Drive, Suite 170
Martinez, CA 94553 Offers child mental health services for ages 2-19.
A3 Miles Hall Crisis Call Center
Call Center: 844-844-5544
A3 is Contra Costa County's innovative approach to provide timely and appropriate mental and behavioral health crisis services to anyone, anywhere, at anytime in the county.
Access Line (Mental Health) - CC Health
Martinez, CA 94553
Serves as the gateway to Contra Costa County's Behavioral Health system of care, a community resource line that serves as the main point of entry into the county's mental health clinics, Network Provider services, and substance use disorder treatment programs.
D. Health Services
Advice Nurse CC Health Centers and CC Health Plan Authorizations Martinez, CA 94553
Provide telephone services where nurses can help to determine medical needs, provide homecare advice and medical information.
Antioch Health Center - CC Health
2335 Country Hills Drive Antioch, CA 94531
32 City of Concord
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Due to Coronavirus COVID-19, converting in-person appointments to telephone/video appointments, where possible.
BAART Community HealthCare - East County
3707 Sunset Lane Antioch, CA 94509
Provides low-cost health care for individuals 18+ with Medi-Cal, Contra Costa Health Plan.
BAART Community HealthCare - West County
1313 Cutting Boulevard Richmond, CA 94804
Provides low-cost health care for individuals 18+ with Medi-Cal, Contra Costa Health Plan.
Bay Point Family Health Center - CCHS
215 Pacifica Avenue Bay Point, CA 94565
Due to Coronavirus COVID-19, converting in-person appointments to telephone/video appointments, where possible.
E. Food Banks
African American Health Conductor Program - CC Health
2311 Loveridge Road Pittsburg, CA 94565
Provide assistance with completion of applications for MediCal, CalFresh, applications for financial assistance programs, Covered CA, referrals to Black Infant Health, PRUCOL application assistance, linkage to SSI/SSDI, long term disability and referrals and navigation to community resources.
Agape International Church & Ministries - AICM
605 West Madill Street Antioch, CA 94509
Provides food and clothing assistance to the local community.
Ambrose Community Center
3105 Willow Pass Road Bay Point, CA 94565
Provides Community Produce Program, offers exercise classes for adults, teens including aerobics and zumba.
Anchor of Life Church
2707 17th Street San Pablo, CA 94806
Provides a walk-in food pantry.
Antioch Ministerial Fellowship (AMF Food Closet)
2507 San Jose Drive Antioch, CA 94509
Provides an emergency food pantry for anyone in need.
33 City of Concord
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Appian Way Seventh Day Adventist Church - El Sobrante
980 Appian Way El Sobrante, CA 94803
Provides a food pantry.
Bay Area Crisis Nursery- Emergency Daytime Childcare & Shelter Services 1506 Mendocino Drive Concord, CA 94521
Provides direct childcare and emergency shelter services and wraparound support.
Beacon Light Seventh Day Adventist Church
607 South 19th Street Richmond, CA 94804
Provides a walk-in food pantry.
BenefitsCal
Martinez, CA 94553
Provides an online platform for residents to apply for CalWORKS, CalFresh (Food Stamps), Medi-Cal and General Assistance case benefits.
Bethel Church Richmond
3429 Cutting Boulevard Richmond, CA 94804
Provides a bag of nonperishable food items.
Brentwood Community United Methodist Church
218 Pine Street
Provides a food pantry.
Cafe Costa - Ambrose Center/Bay Point - MOWDR
3105 Willow Pass Road Bay Point, CA 94565
Offers a hot noon meal in a seat in dinning room.
Cafe Costa - Antioch Senior Center - CCHS
415 West 2nd Street Antioch, CA 94509
Serves lunch meals to seniors age 60+ who call in advance to make a reservation.
Cafe Costa - Brentwood Senior Center - CCHS
193 Griffith Lane Brentwood, CA 94513
Serves lunch meals to seniors age 60+ who call in advance to make a reservation.
Cafe Costa - Chapala Restaurant - CCHS
3850 Balfour Road, Suite Q Brentwood, CA 94513
Partners with Chapala Restaurant who serves lunch to seniors age 60+ on Tuesday and Thursday.
34 City of Concord
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Cafe Costa - Danville Senior Center
115 E Prospect Avenue Danville, CA 94526
Serves lunch meals to seniors age 60+ who call in advance to make a reservation.
Cafe Costa - El Cerrito Senior Center - CCHS
Serves lunch meals to seniors age 60+ who call in advance to make a reservation.
CARE Center - GRIP – Richmond
165 22nd StreetRichmond, CA 94801
Provides basic needs where homeless individuals can have access to meals, mailbox, showers, and phones.
Christ the King - St. Vincent de Paul
Provides a food pantry and vouchers for clothing at St. 199 Brandon Road Pleasant Hill, CA 94523
Church of Good Shepherd - St. Vincent de Paul
Provides a food pantry.
3200 Harbor Street Pittsburg, CA 94565
Community Produce Program - Ambrose Community Center
Provides 15-20 pounds of fresh produce two times per month to qualifying households that are in need of food assistance.
3105 Willow Pass Road Bay Point, CA 94565
Community Produce Program - Antioch Health Center
Provides 15-20 pounds of fresh produce two times per month to qualifying households that are in need of food assistance.
2335 Country Hills Drive Antioch, CA 94531
Community Produce Program - Antioch Kinder Care
Provides 15-20 pounds of fresh produce two times per month to qualifying households that are in need of food assistance.
2300 Mahogany Way Antioch, CA 94509
Community Produce Program - Bayo Vista Child Care Center Provides 15 to 20 pounds of fresh produce two times per month to qualifying households that are in need of food assistance.
2 California Street Rodeo, CA 94572
Community Produce Program - Booker T. Anderson Community Center
35 City of Concord
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Provides 15 to 20 pounds of fresh produce two times per month to qualifying households that are in need of food assistance.
960 South 47th Street Richmond, CA 94801
Community Produce Program - Boys & Girls Club of Martinez Provides 15 to 20 pounds of fresh produce two times per month to qualifying households that are in need of food assistance.
1301 Alhambra Avenue Martinez, CA 94553
Community Produce Program - Brentwood Community UMC
Provides 15 to 20 pounds of fresh produce two times per month to qualifying households that are in need of food assistance.
218 Pine Street Brentwood, CA 94513
Community Produce Program - Buchanan Park
Provides 15 to 20 pounds of fresh produce two times per month to qualifying households that are in need of food assistance.
4150 Harbor Street Pittsburg, CA 94565
Community Produce Program - Cambridge Elementary
Provides 15 to 20 pounds of fresh produce two times per month to qualifying households that are in need of food assistance.
1135 Lacey Lane Concord, CA 94520
Community Produce Program - Carmen Dragon
Provides 15-20 pounds of fresh produce two times per month to qualifying households that are in need of food assistance.
4721 Vista Grande Drive Antioch, CA 94509
Community Produce Program - Contra Costa College
Provides 15 to 20 pounds of fresh produce two times per month to qualifying households that are in need of food assistance.
2600 Mission Bell Drive San Pablo, CA 94806
Community Produce Program - Davis Park Community Center Provides 15 to 20 pounds of fresh produce two times per month to qualifying households that are in need of food assistance.
1651 Folsom Avenue San Pablo, CA 94806
Community Produce Program - EHSD Antioch Office
36 City of Concord
Background Report on Homelessness
Provides 15-20 pounds of fresh produce two times per month to qualifying households that are in need of food assistance.
4545 Delta Fair Boulevard Antioch, CA 94509
Community Produce Program - El Pueblo Housing Development Provides 15 to 20 pounds of fresh produce two times per month to qualifying households that are in need of food assistance.
875 El Pueblo Avenue Pittsburg, CA 94565
Community Produce Program - First Baptist Family Life Center Provides 15 to 20 pounds of fresh produce two times per month to qualifying households that are in need of food assistance.
224 Linda Vista
Pittsburg, CA 94565 (925) 676-7543
Community Produce Program - Hercules Senior Center
Provides 15 to 20 pounds of fresh produce two times per month to qualifying households that are in need of food assistance.
111 Civic Drive Hercules, CA 94547
Community Produce Program - Holy Rosary Church
Provides 15-20 pounds of fresh produce two times per month to qualifying households that are in need of food assistance.
1313 A Street Antioch, CA 94509
Community Produce Program - Immaculate Heart of Mary
Provides 15-20 pounds of fresh produce two times per month to qualifying households that are in need of food assistance.
500 Fairview Avenue Brentwood, CA 94513
Community Produce Program - John Muir Elementary
Provides 15 to 20 pounds of fresh produce two times per month to qualifying households that are in need of food assistance.
205 Vista Way Martinez, CA 94553
Community Produce Program - Jubilee Christian Center
Provides 15-20 pounds of fresh produce two times per month to qualifying households that are in need of food assistance.
11 Texas Street Antioch, CA 94509
Community Produce Program - Kennedy High School
37 City of Concord
Background Report on Homelessness
Provides 15 to 20 pounds of fresh produce two times per month to qualifying households that are in need of food assistance.
4300 Cutting Boulevard Richmond, CA 94804
F. Veterans Services
Veterans Accession House
1820 Galindo Street, Suite 210 Concord CA 94520
Veterans Accession House is a nonprofit organization granted through the Department of Veterans Affair to provide Service Intensive Transitional housing for At-Risk and Homeless Veterans.
Contra Costa County Veterans Service Office
10 Douglas Dr Suite # 100, Martinez, CA 94553
Our Veterans Service Representatives (VSR's) are thoroughly trained and accredited by the United States Department of Veterans Affairs to represent local veterans. Contra Costa County VSR's are not employees of the federal government, they are county employees ready to assist with any Veterans claim.
Concord Vet Center
1333 Willow Pass Rd Suite #106, Concord, CA 94520
The Concord Vet Center offers confidential help for Veterans, service members, and their families at no cost in a non-medical setting. Our services include counseling for needs such as depression, post traumatic stress disorder (PTSD), and the psychological effects of military sexual trauma (MST). We can also connect you with more support in VA and your community.
G. Legal Services
Alternate Defender Office
Provides free criminal defense to indigent individuals in which a case involves two or more parties.
Services: Legal Representation, Public Defender
627 Ferry Street Martinez, CA 94553
Bay Area Legal Aid
Provides various legal services via remote advocacy.
1025 Macdonald Avenue
Richmond, CA 94801
Bay Area Legal Aid - Health Consumer Center
Provides legal services via remote advocacy.
Richmond, CA 94801
California Apartment Association Contra Costa