Concord City Council
May 7, 2024

1 COUNCILMEMBERS
Edi E. Birsan, Mayor
Carlyn S. Obringer, Vice Mayor
Dominic D. Aliano
Laura M. Hoffmeister
Laura M. Nakamura
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council
Tuesday,
May 7, 2024
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA.

Please note the following change to the City’s public comment procedures: Unless a Councilmember is participating in the meeting remotely pursuant to AB 2449, remote public comment will not be accepted. Public comment may be provided in-person or via email, as set forth below. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.

HOW TO PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:

1. IN PERSON:
a.Members of the public can provide in-person comments in the Council Chamber.

Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chamber will have seating available for members of the public to attend in person up to full seating capacity.
2 2. REMOTE: Remote public comment will not be accepted, except when a Councilmember participates remotely pursuant to AB 2449. At the time of the posting of this agenda, none of the Councilmembers have notified the City Clerk’s Office that they intend to participate remotely pursuant to AB 2449, and therefore no remote public comment will be accepted at the meeting. If, after publication of this agenda and before the meeting begins, any councilmember determines that they will need to participate remotely due to just cause or emergency circumstances under AB 2449, their remote participation will be announced at the outset of the meeting in connection with the Roll Call item. If a Councilmember participates in the meeting remotely pursuant to AB 2449, the public may participate and provide public comment remotely, as follows:
a. Zoom:
https://cityofconcord.zoom.us/j/87198419516?pwd=06lW5aRzLrdOE32efj5gbAkj_AUzF w.CG1DUXYA1rIPqPw_ or Zoom Webinar ID: 871 9841 9516 and Passcode: 506631 b.Zoom Phone Numbers. Dial Toll Free: (669) 900-6833 or (346) 348-7799 or (253) 215- 8782.
c.During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. If calling in via Zoom use *9 to raise and lower your hand. The meeting host will call on you, by name, and promote you to panelist in the webinar so you can be seen via your camera. Please enable your microphone when it is your turn to speak. In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required. (If you need instructions on how to use this feature, please contact the City Clerk by 3:00 p.m. of the meeting date at [email protected]).

3. EMAIL:
a.Public comments can also be submitted via email to [email protected]. Please note that emailed comments will not be read aloud by staff. Any public comments received up until 3:00 p.m. of the meeting date will be:

1. distributed to the Council before the meeting,

2. posted online for public inspection at
https://stream.ci.concord.ca.us/OnBaseAgendaOnline/Meetings/Search, and

3. inserted into the meeting record.
b.As emails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your email.

4. TO WATCH OR LISTEN ONLY:
a.Watch on TV on Comcast Channel 28, Astound/Wave Channels 29 and 1026, and AT&T U-verse Channel 99
b.Watch the TV broadcast through the City’s website by following THIS LINK c.Watch Live Streaming of the meeting by following THIS LINK d.Join the Zoom webinar by following THIS LINK
3 OPEN SESSION

1. OPENING
Roll Call – Announcements/Consideration and Approval of Requests by Councilmembers to Participate Remotely Pursuant to AB 2449 Pledge of Allegiance – Vice Mayor Obringer

2. PUBLIC COMMENT PERIOD
This is a 15-minute Public Comment Period for items within the City Council’s subject matter jurisdiction that are not on this agenda. Each speaker will be limited to approximately three minutes.

State law prohibits the City Council from acting at this meeting on any matter raised during the Public Comment Period. Please see “How to Participate” above.
a. Written Public Comment

3. PRESENTATIONS
a. Presentation – to Irma Bodden, East Bay Housing Organization, proclaiming May 2024 as "Affordable Housing Month" in the City of Concord.

Presentation by Mayor Birsan.
b. Presentation – by Aaron Hawkins, General Manager, Live Nation, providing an update on the Toyota Pavilion at Concord. Introduction by Mayor Birsan.

4. ANNOUNCEMENT
a. Announcing – a recruitment to fill two (2) Youth Member positions on the Parks, Recreation, and Open Space Commission for a one-year term, effective September 1, 2024, and ending June 30, 2025, and setting a deadline of Friday, June 7, 2024, at 5 p.m. as the deadline for receipt of applications by the City Clerk. Report by Joelle Fockler, City Clerk.

5. CITY COUNCIL CONSENT CALENDAR
The public is entitled to address the City Council on items appearing on the Consent Calendar before or during the City Council’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council, provided that any Councilmember, individual or organization may request removal of an item from the Consent Calendar for separate consideration.

If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Participate” above. 4 a. Considering – approval of the minutes from the March 19 and April 6, 2024, special meetings, and March 26, 2024, regular meeting. Recommended by the City Clerk.
b. Considering – approval of an Amendment to the Professional Services Agreement with Bellecci & Associates, Inc., increasing the contract amount by $79,954 for a total not-to-exceed amount of $250,289 to provide design engineering and related services for Residential Pavement Maintenance – Zone 2L (Project No. 2626), performing pavement maintenance in neighborhood Zone 2L surrounding The Alameda and bounded by Concord Boulevard, Port Chicago Highway, Clayton Road, and Contra Costa Canal; and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney. Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15262, 15378, and/or Public Resources Code Section 21065. c. Considering – approval of a five year Professional Services Agreement in an amount not to exceed $527,060, with a one year option to extend, for an additional $121,735, with Maze & Associates Accountancy Corporation to complete annual financial statement audits, beginning with fiscal year 2023/2024, to be funded by the Finance Department operating budget; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (General Fund) Recommended by the Director of Finance.
d. Considering – acceptance of improvements for the Citywide Protected Left- Turn Phasing Project (City Project No. 2575 and Federal Project No. HSIPL- 5135(061) located at eight (8) intersections Citywide; and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community Development.
e. Considering – approval of a Professional Services Agreement including a Software as a Service Agreement (SaaS) with 3Di, Inc., in the amounts not to exceed $60,000 in FY 2023-24, $80,000 in FY 2024-25, $80,000 in FY 2025- 26, $85,000 in FY 2026-27, $90,000 in FY 2027-28, and $93,000 in FY 2028- 29 (for a total not-to-exceed amount of $488,000 for six years) for the administration and management of the City’s Rent Registry Program; and authorizing the City Manager to execute the Agreements in a form acceptable to the City Attorney. Recommended by the Director of Community Development.

CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c), 15378 and Public Resources Code Section 21065 and is categorically exempt pursuant to Section 15061(b)(3).
5 f. Considering – the following for the Alberta Way Pavement Rehabilitation (Project No. 2615) located on Alberta Way between Ygnacio Valley Road and Clayton Road:

1. Award of a construction contract in the amount $985,563.75 (Measure V Financing Fund 407 and Measure J 28(a) Fund 485) to MCK Services, Inc., for Alberta Way Pavement Rehabilitation (Project No. 2615); authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney;

2. Approval of a related budget transfer of $200,000 (Measure V Financing Fund 407) from Residential Pavement Maintenance – Phase D (Project No. 2622) to Alberta Way Pavement Rehabilitation (Project No. 2615); and

3. Authorizing the City Engineer to accept the improvements upon completion of Alberta Way Pavement Rehabilitation (Project No. 2615) and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.
g. Considering – approval of a temporary budget transfer in the amount of $297,000 to the Concord Community Park Solar Array Repairs Project (Project No. 2718), located at the Concord Community Park, from Police Department Headquarters Exterior Painting (Project No. 2655), and associated appropriation of such funds to Project 2718 (Funded by Measure V, Fund 407). Recommended by the Director of Community Development.

CEQA: Not a Project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15282, 15378, 15301, 15302, 15303, 15304, and Public Resources Code (PRC) Sections 21065, and/or PRC Section 21080.19.

6. CITY COUNCIL PUBLIC HEARING
Persons who wish to speak on Public Hearings listed on the agenda will be heard when the public hearing is opened, except on public hearing items previously heard and closed to public comment.

After the public has commented, the item is closed to further public comment and brought to the Council level for discussion and action. Further comment from the audience will not be received unless requested by the Council. No public hearing shall commence after 10 p.m. unless approved by majority vote of the City Council. Please see “How to Participate” above. a. Considering – introduction of an uncodified ordinance amending Exhibit A to Resolution No. 78-6042 (establishing fees and charges for various municipal services and programs in the City of Concord) by reading of the title only and waiving further reading. Report by Donna Lee, Budget and Treasury Officer.
6 CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c), 15061(b), 15262, 15273, 15306, and/or 15378.

7. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.

8. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports

9. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 5/14/2024 6:30 PM

NOTICE TO THE PUBLIC
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited by California law to raising only those issues you or someone else raised in the hearing or in a written correspondence delivered to the City Council prior to or at the hearing.

In accordance with the Americans with Disabilities Act and California Law, it is the policy of the City of Concord to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the ADA Coordinator Tianjun Cao at (925) 671-3243 or [email protected], at least 24 hours in advance of the meeting. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility.

From: Isidro Farias <[email protected]>
Sent: Tuesday, May 7, 2024 2:27 PM
To: City Clerk <[email protected]>
Subject: Envision Tomorrow Program

Hi,
I plan on being at the City of Concord today by 6:30 PM to speak during the Public Comment period about the Envision Tomorrow program and invite the Council to an orientation event for the Program on May 21st. I am attaching the invitation and a flyer for the program. Please distribute the attachments to the Council and I will speak to them when I am there.

Thank you.
--

Isidro Farias
Vice President
Facilities Services
Saint Mary's College of California
Email: [email protected]
Phone: (925) 631-4150
stmarys-ca.edu

Written Public Comment
Agenda Item No. 2.a
May 7, 2024

2.a

ENVISION TOMORROW PROGRAM
A Career Focused Educational Outreach Program for High School Students

STUDENT/PARENT ORIENTATION
You are invited to attend the Orientation event for the Envision Tomorrow Program. This unique free of
charge program exposes local private & public high
school students to careers in the built environment.

The program is a partnership between Saint Mary’s
College of California and UC Berkeley College of
Environmental Design. Come learn about how this
educational program is working with local businesses,
local business organizations and AEC industries by
helping students “envision” their futures and helping
them align their educational goals.

EVENT INFORMATION
Date:

Tuesday, May 21, 2024
Time:
6:30 PM – 7:30 PM
Location:

De La Salle High School
Hofmann Student Center
1130 Winton Drive
Concord, CA 94518
RSVP: Since dinner will be
served, please confirm your
attendance by Friday, May 17th
Email/Call/Text your RSVP to:

Isidro Farias @
[email protected]
925-639-8855

USE QR CODE OR

WEB LINK TO

SUBMIT YOUR

APPICATION
WEB LINK:

Program Application Link

ENVISION TOMORROW
A Career Focused Educational Outreach Program for High School Students CALLING ALL HIGH SCHOOL STUDENTS!
Apply for an exploratory, thought provoking, fun and innovative career introduction program. Saint Mary’s College of California and UC Berkeley College of Environmental Design have partnered with De La Salle High School and Carondelet High School to offer a free of charge innovative outreach program. The Envision Tomorrow Program will introduce students to the following Built Environment Careers:

Business & Other Careers:
• Finance / Accounting / Economics
• Communications / Marketing
• Real Estate / Development
• Environmental Studies /
S
ustainability / Law / Related Studies
• Political Science / Government
A
rchitecture, Engineering & Construction
• Urban Planning / Architecture /
Land
scape Architecture
• Project & Construction Management /
C
onstruction
• Civil / Structural / Electrical /
M
echanical Engineering
Week 1 @ Saint Mary’s College
June 10 – 14, 2024, 9 AM – 3 PM
Note: UC Berkeley Site Visit scheduled on Friday, June 14th Week 2 @ Saint Mary’s College
June 17 – 21, 2024, 9 AM – 3 PM
Be one of the 50 students to participate
in the Envision Tomorrow Program
this Summer. Submit your Application
by Friday, May 17, 2024
All Local High School Students are
Encouraged to Apply!

FOR ANY QUESTIONS

PLEASE CONTACT
MR. SHIVELY AT:

[email protected]
OR CALL 925-288-8193

Staff Report
Date: May 7, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Joelle Fockler, MMC, City Clerk
Prepared by: Stefanie Ananthan, Deputy City Clerk
[email protected]
(925) 671-3085
Subject: Announcing a recruitment to fill two (2) Youth Member positions on the Parks, Recreation, and Open Space
Commission for a one-year term, effective September 1, 2024, and ending June 30, 2025, and setting a deadline of Friday, June 7, 2024, at 5 p.m. as the deadline for receipt of
applications by the City Clerk.

Report in Brief
Announce two (2) openings for Youth Member positions on the Parks, Recreation, and Open Space Commission for a one-year term, effective September 1, 2024, and ending June 30, 2025, and set a deadline of Friday, June 7, 2024, at 5:00 p.m. as the deadline for receipt of applications by the City Clerk.

Applications will be available on the City’s
website beginning Wednesday, May 8, 2024.

Recommended Action
Announce two (2) openings for Youth Member positions on the Parks, Recreation, and Open Space Commission for a one-year term, effective September 1, 2024, and ending June 30, 2025, and set a deadline of Friday, June 7, 2024, at 5:00 p.m. as the deadline for receipt of applications by the City Clerk.

Background
In accordance with Policy and Procedure No. 89, this announcement initiates a recruitment to fill two (2) Youth Member positions on the Parks, Recreation, and Open Space Commission.

4.a4.a4.a

City Council Agenda Report
Agenda Item No. 4.a
May 7, 2024
The Parks, Recreation, and Open Space Commission is made up of five (5) adult members that serve four (4) year terms and two (2) youth members that serve a one (1) year term. The Commission advises the City Council on matters related to public parks, open space, recreation, and youth; reviews and recommends Council action to develop, modify, and/or improve City parks; promotes recreation and park programs, assesses park and recreation needs, and recommends capital improvement projects and fees.

Youth members must be between the ages of 13 and 21 at the time of their appointment, shall be residents of the City or attend school in the City and may be part- time seasonal employees of the City. The youth members are appointed by the adult members of the Parks, Recreation, and Open Space Commission.

The Parks, Recreation, and Open Space Commission is seeking two (2) Youth Members willing to serve a one-year term, effective September 1, 2024, and ending June 30, 2025. The terms of Brandon Betz and Ellis Moore will expire on June 30, 2024.

Public Contact
The City Council Agenda was posted. A news release will be issued and distributed.

The announcement will be televised on the Concord TV Cable Channel 28 (Comcast), Channels 29 and 1026 (Astound/Wave), and Channel 99 (AT&T U-verse) Community Bulletin Board. The news release will be posted at the Concord Senior Center, Concord Police Department, the Concord Library, in the City’s agenda display case, on the City’s website, and via social media.

Attachments

1. Policy and Procedure No. 89 – Council Appointments to Boards & Commissions

2. Concord Municipal Code Chapter 2.20, Article VI, Parks, Recreation and Open Space Commission

1 CITY OF CONCORD

Number:

Authority:

Effective:

Revised:

Reviewed:

Initiating Dept.:
89 Council Motion
12-11-78
4/27/2021
CM

COUNCIL APPOINTMENTS TO BOARDS AND COMMISSIONS

1. P URPOSE
To establish procedures to be used in accepting applications for and making appointments to fill openings on the various Council-appointed Boards and Commissions (Municipal Code, Chapter 2.20).

2. S UBMISSION OF APPLICATIONS

2.1 Applications for Boards or Commissions shall be available on the City’s website.

2.2 The application and description of Boards and Commissions will be made available to Qualified appli- cants and expiring term Boards and Commissions members. Those seeking reappointment or appoint- ment to a Board or Commission must submit a completed application to the City Clerk by the deadline stated in the notice. If any seated incumbent does not submit an application by the application dead- line, the application period will extend by five (5) working days, and the extended submittal deadline will be posted on the City’s website.

Appl
ications shall be considered active until the applicant has had the opportunity to complete a recruitment and appointment cycle for each position for which they have applied.

2.3 To ensure applicants understand the responsibilities of the Board/Commission, a statement of respon- sibility prepared by the liaison will be provided to an applicant at the time of submission of the appli- cation and to the Council Committee to read to each candidate before the interview.

3. N OTIFICATION OF OPENINGS

3.1 Th
e City Clerk shall schedule City Council agenda items for the announcement of expiring terms of members at least three months prior to expiration dates. Terms for all Boards and Commissions ex- pire as shown on the schedule (Section 6). Expiring terms shall be considered as automatically ex- tended beyond the expiration to the date the City Council makes new appointments.

3.2 Th
e City Council shall call for new applications, setting a date certain during the months indicated in Section 6 as the closing deadline for the receipt of applications. Public notice of openings, including a statement that incumbents may reapply, shall be made in advance of the closing deadline and interes- ed parties and organizations shall be notified.

3.3 P
rior to the closing deadline, the City Clerk in partnership with the staff liaison to the recruiting Board/Commission will review the submitted applications to determine the recruitment resulted in a sufficient pool of applicants. Should staff determine that the City has not received an adequate pool of applicants, the City Clerk will make a recommendation through the Mayor to announce an extension of the recruitment at the next available regular meeting.

3.4 The City Council or City Council Committee shall review applications and will conduct interviews with applicants, reserving the right to waive interview process with previously interviewed or incum- bent applicants.

POLICY & PROCEDURE
Attachment 1

POLICY & PROCEDURE NO. 89

2 3.5 The City Clerk shall schedule a City Council agenda item as indicated in Section 6 to publicly appoint persons to a designated term.

3.6 The City Clerk shall prepare appropriate letters confirming appointments and prepare, for the Mayor's signature, letters to those not appointed.

3.7 In making appointments, the City Council shall make appointments th at result in the influx of new ideas and perspectives while, at the same time, ensuring continuity and expertise.

3.8 No individual shall be appointed to serve as a member on more than one City Board or Commission, unless such dual membership is provided for in Chapter 2.20 of the Municipal Code; however, they may serve as an appointee to an advisory body of an outside agency.

3.9 The City Council may appoint one or more alternates to any Board, Commission, or Committee as provided for in Chapter 2.20 of the Municipal Code.

4. APPOINTMENTS

4.1 Members of a City Board or Commission serve at the pleasure of the City Council. An appointment to a Board or Commission is revocable at any time, without cause, by a majority vote of the City Council. A Council Committee review or recommendation is not required for the Council to consider or take such action.

4.2 In the event openings occur prior to the expiration of a member’s term, the Chair of the appointing Council Committee may review the app licant list if it is no older than 12 months and make a recom- mendation to the full Council of an appointment for the vacant seat. If the Committee Chair does not believe there is an adequate pool from which to select, the Chair may recommend to the full Co uncil that the Council call for a recruitment to obtain new applications to fill the unexpired term.

5. ATTENDANCE

5.1 Any member of a City Board or Commission who absents him/herself from three consecutive meet- ings without being excused will be deemed to have resigned his/her office, and the City Council may appoint a new member to serve in the place of such absent member. The City Council shall make the ultimate determination of whether the absence was excused.

5.2 Should the Board or Commission member have three unexcused absences within a fiscal year, staff is to provide pertinent information to the City Clerk who will notify the member of his resignation.

6. SCHEDULE

6.1 A formal recruitment will occur on odd-numbered years, or when an interim vacancy occurs.

Board or Commission
Announce
Openings
1st available Council
Meeting in
Deadline for
Applications: 30
days
following
announcement
City Council
Appointments
1st available
Meeting in
Terms
Begin
Terms
Expire
Bicycle and Pedestrian
Advisory Committee
November January February March 1 February 28
Board of Appeals November January February March 1 February 28 Planning Commission November January February March 1 February 28 Personnel Board November January February March 1 February 28

POLICY & PROCEDURE NO. 89

3 Board or Commission
Announce
Openings
1st available Council
Meeting in
Deadline for
Applications: 30
days
following
announcement
City Council
Appointments
1st available
Meeting in
Terms
Begin
Terms
Expire
Design Review Board November January February March 1 February 28 Parks, Recreation & Open
Space Commission March May June July 1 June 30
Community Services
Commission March May June July 1 June 30
Concord Pleasant Hill Health
Care District Grant
Committee
March May June July 1 June 30
Commission on Aging March May June July 1 June 30
Measure V Oversight
Committee
October November December January 1 December 31
Concord Pavilion Outreach
Committee
November January February March 1 February 28
Youth Members on the Parks, Recrea-
tion & Open Space Commission
Appointed annually by the Parks,
Recreation & Open Space Commission

6.2 Scheduling may be operationally adjusted by the City Clerk.

PARKS, RECREATION AND OPEN SPACE COMMISSION
CHAPTER 2.20

ARTICLE VI

2.20.260 Established; membership; compensation of members.

There is hereby created a Parks, Recreation and Open Space Commission (PROC), which shall consist of five (5) adult voting members and two (2) youth voting members. The adult voting members are appointed by the City Council. The Youth voting members are appointed by a selection task force composed of the adult members of PROC and confirmed by the City Council. The adult members of the PROC shall be residents of the city who hold no other municipal office in the city. The youth members must be between the ages of 13 and 21 at the time of their appointment, shall be residents of the city or attend school in the city and may be part-time seasonal employees of the city. The basis and amount of compensation which may be paid to the Parks, Recreation and Open Space Commission shall be by resolution of the City Council.
(Code 1965, § 2429; Code 2002, § 2-411. Ord. No. 87-35; Ord. No. 01-7; Ord. No. 05-7)

2.20.270 Terms of members; absence from meetings.

Members shall serve at the pleasure of the City Council for staggered terms of four years. The City Council reserves the right to make appointments for an adjusted term period to maintain a staggered term structure. Youth members shall serve at the pleasure of the City Council for one year, effective September 1st and ending June 30th of the following year. Any member who absents himself from three meetings of the Parks, Recreation and Open Space Commission within a fiscal year without being excused will be deemed to have resigned his office, and the City Council may appoint a new member to serve in the place of such absent member. (Code 1965, § 2430; Code 2002, § 2-412. Ord. No. 87-35; Ord. No. 01-7; Ord. No. 05-7; Ord.

No. 10-2; Ord. No. 15-3, § 6)

2.20.280 Rules of procedure; designation of committees and task forces.

The Parks, Recreation and Open Space Commission shall adopt rules of procedure on conduct of its business and may designate committees and task forces. These committees and task forces Attachment 2

maybe composed of youth designated to study issues and provide findings to the PROC or provide voluntary service to the city.
(Code 1965, § 2431; Code 2002, § 2-413. Ord. No. 87-35; Ord. No. 01-7; Ord. No. 05-7)

2.20.290 Vacancies.

All vacancies occurring on the Parks, Recreation and Open Space Commission shall be filled according to the method of their original selection, and the new members shall serve at the pleasure of the Council for the unexpired terms of their respective predecessors. (Code 1965, § 2432; Code 2002, § 2-414. Ord. No. 87-35; Ord. No. 01-7)

2.20.300 Powers and responsibilities.

The Parks, Recreation and Open Space Commission shall have the responsibility of carrying on the following functions:
(1) Act in advisory capacity to the City Council in matters pertaining to public parks, open space, recreation, and issues pertaining to youth;
(2) Consult, cooperate, and maintain contact with other public agencies, community organizations, and private persons engaged in recreation programming, park and open space planning, and youth services;
(3) Review and assist in the promotion of recreational, park, open space, and youth programs;
(4) Review and recommend to the City Council, plans submitted for development of, modification of, and/or improvements to the city parks system; (5) Assess parks, recreation, open space and youth services needs and develop goals and objectives for meeting these needs;
(6) Review and recommend to the City Council on capital improvements projects and fees related to parks, recreation, and open space; and
(7) Such other duties as the City Council may direct.
(Code 1965, § 2433; Code 2002, § 2-415. Ord. No. 87-35; Ord. No. 01-7; Ord. No. 05-7)

SPECIAL MEETING OF THE

CONCORD CITY COUNCIL/CITY COUNCIL

SITTING AS THE LOCAL REUSE AUTHORITY

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, MARCH 19, 2024
The Concord City Council met in a special meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:00 p.m. on Tuesday, March 19, 2024, with Mayor Birsan presiding. The pledge of allegiance was led by Vice Mayor Obringer. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Laura Hoffmeister, Laura Nakamura, Carlyn Obringer, Edi Birsan
STAFF PRESENT: Valerie Barone, City Manager; Thomas Capriola, Senior Assistant City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Guy Bjerke, Director of Economic Development and Base Reuse; Joan Ryan, Principal Planner; Israel Mora, Executive Secretary

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Mark Foley, BART; Scott Wagner, Concord Police Association; Noelani Fixler, Greenbelt Alliance; Tom Hansen, IBEW 302; Eric Haynes, Sheetmetal Workers Local 104; Woody Karp, Eden
Housing/EBHO; Miguel Mauricio, East Bay Leadership Council; Bill Whitney, Contra Costa Building Trades Council; Davina Srioudem, EBHO; Sophia DeWitt, EBHO; Jessica Owens, Nor Cal Carpenters Union; Lorenzo Jimenez, Nor Cal Carpenters Union; Chris Palomo, Nor Cal Carpenters Union; Jaime
Gonzalez, Operating Engineers Local 3; William Smith, Walnut Creek; Randolph Hopkins, Concord; Michael J. Hayes, Benicia; Hope Johnson, Concord; Anonymous

CITY COUNCIL/ LOCAL REUSE AUTHORITY (LRA) CONSIDERATION ITEM CONSIDERING THE LOCAL REUSE AUTHORITY’S ACCEPTANCE OF BCUS ACQUISITIONS LLC’S (BROOKFIELD) TERM SHEET FOR THE DEVELOPMENT OF APPROXIMATELY 2,300 ACRES (“THE EDC PROPERTY”) AT THE FORMER CONCORD NAVAL WEAPONS STATION Director of Economic Development and Base Reuse Guy Bjerke presented the staff report, provided background on the project, provided an explanation of a Term Sheet and an overview of the timeline related to the Exclusive Negotiating Agreement (ENA) with Brookfield, gave an overview of BCUS Acquisitions LLC’s (Brookfield) Term Sheet, spoke about the Local Reuse Authority (LRA) and City protections, and explained alternative actions. Director of Economic Development and Base Reuse Bjerke explained the Council was being requested to consider the draft Term Sheet, direct staff to proceed to the Disposition and Development Agreement stage of the negotiation period, as defined in the ENA between the Local Reuse Authority and BCUS Acquisitions LLC (Brookfield), and to make a decision on one of the proposed alternative actions:

1. Choose to approve the Term Sheet as drafted (LRA staff’s recommendation); or

5.a5.a5.a

City Council Minutes March 19, 2024
2 2. Provide additional direction to LRA staff and Brookfield regarding additional or change provisions for consideration in the Term Sheet and continue this meeting to a date certain; extending the Preliminary Stage negotiation period; or

3. Reject the Term Sheet; direct LRA staff to let the ENA with Brookfield expire on March 30, 2024.

Josh Roden, President of Brookfield Properties Development, presented information on the proposed project, including an overview of the role of Brookfield as Master Developer, Brookfield’s commitment to future Concord communities, and an overview of the proposed Term Sheet.

Barry Long, Principal with Urban Design Associates, continued the presentation and provided additional information on the proposed project, discussing the development of the plan. Mr. Long spoke about site constraints, backbone infrastructure, landform, reoriented campus, open space and community facilities, parks distribution, conceptual project phasing, a conceptual preliminary land use plan, and a conceptual land use plan with detail related to transit-oriented development.

Emily Boyd, Director of Land Acquisition for Brookfield Properties, concluded the presentation discussing outreach sentiment, highlighting project achievements to date, provided a community engagement timeline, and an overview of engagement opportunities beginning in 2024.

Following questions from the City Council, Mayor Birsan recessed the meeting at 7:42 p.m. The meeting resumed at 7:53 p.m.

Mayor Birsan opened a public comment period.

The following people spoke in support of the proposed Term Sheet:

Scott Wagner, Concord Police Association
Tom Hansen, IBEW 302
Eric Haynes, Sheetmetal Workers Local 104
Miguel Mauricio, East Bay Leadership Council
Bill Whitney, Contra Costa Building Trades Council
Jessica Owens, Nor Cal Carpenters Union
Lorenzo Jimenez, Nor Cal Carpenters Union
Chris Palomo, Nor Cal Carpenters Union
Jaime Gonzalez, Operating Engineers Local 3
Mark Foley, BART, spoke in support of the proposed Term Sheet and requested removal of specific language from the Term Sheet related to transit-oriented development.

Noelani Fixler, Greenbelt Alliance, spoke in support of the proposed Term Sheet and requested modifications be made related to affordable housing, veteran’s housing, and creek restoration efforts.

Woody Karp, Eden Housing/EBHO, spoke in support of the proposed Term Sheet and requested that affordable housing be included as an eligible use of funds if an infrastructure finance agreement is established.

Davina Srioudem, EBHO, spoke in support of the proposed Term Sheet and requested a higher developer contribution amount be used towards transit-oriented affordable housing.

City Council Minutes March 19, 2024
3 Sophia DeWitt, EBHO, spoke in support of the proposed Term Sheet and requested specific modifications be made related to affordable housing.

William Smith, Walnut Creek, spoke about affordable housing and transit-oriented development related to the proposed Term Sheet.

Randolph Hopkins, Concord, expressed concern related to affordable housing, the condition of roadways, parks, and existing traffic conditions in the City, and the need to create more permanent, long- term jobs, as it relates to the proposed Term Sheet.

Michael J. Hayes, Benicia, expressed concern related to additional housing development and the subsequent negative impacts.

Hope Johnson, Concord, expressed appreciation for Brookfield’s honesty and for including right- of-way versus fee title related to the Term Sheet, appreciation of Council’s inquiry related to Brookfield’s financing, expressed a need to focus on middle-to-low-income housing, and encouraged the establishment of an Advisory Committee.

Anonymous spoke about various funding sources, greenspace, wetlands, and whether a traffic study will be conducted in relation to the proposed Term Sheet.

Mayor Birsan closed the public comment period.

Following discussion by the Council, a motion was made by Aliano and seconded by Obringer to approve the Term Sheet as drafted with a modification that ‘Transitional Housing’ be changed to ‘Supportive Housing’ throughout the document. The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Agenda Item No. 2.a – Brookfield Term Sheet – Benched Correspondence b. Agenda Item No. 2.a – Brookfield Term Sheet – Staff PowerPoint Presentation c. Agenda Item No. 2.a – Brookfield Term Sheet – Brookfield PowerPoint Presentation

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on March 19, 2024, at 9:02 p.m.

EDI E. BIRSAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

REGULAR MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, MARCH 26, 2024
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, March 26, 2024, with Mayor Birsan presiding. The pledge of allegiance was led by Councilmember Aliano. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Laura Hoffmeister, Laura Nakamura, Carlyn Obringer, Edi Birsan
STAFF PRESENT: Valerie Barone, City Manager; Josh Clendenin, Senior Assistant City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Mark Bustillos, Chief of Police; Kevin Marstall, Director of Community Development; Will Tarbox, Director of Public Works; Carlton Thompson, City Engineer; Tianjun Cao, Associate Civil Engineer; Deyuanne Lei, Associate Civil Engineer; Kit Jory, Sr., Parks Division Manager; Mindy Gentry, Planning Manager; Frank Abejo, Principal
Planner; Ben Ulrey, Assistant Planner

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Natalie; Mitch Turrin; Mary Suite, Concord; Tony Bravo, Monument Impact

PUBLIC COMMENT PERIOD
Natalie spoke about misinformation published by news outlets including the Pioneer newspaper that recently published misinformation relating to the rent stabilization ordinance and encouraged Council to use their platform to educate the public about the ordinance.

Mitch Turrin inquired about the amount of time it takes for a pothole to be fixed..

Mary Suite, Concord, spoke in support of the rent stabilization ordinance and echoed Natalie’s comments regarding misinformation that was published in the Pioneer newspaper.

Mayor Birsan closed the Public Comment Period and took the next item out of agenda order.

CITY COUNCIL CONSENT CALENDAR
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.

APPROVAL OF MINUTES – February 13 and 27, and March 5, 2024 A motion was made by Aliano and seconded by Nakamura to approve the minutes from the February 13, 2024, special meeting, and February 13 and 27, and March 5, 2024, regular meetings. The motion passed by unanimous vote of the Council.

City Council Minutes March 26, 2024
2 AWARD OF A CONSTRUCTION CONTRACT – Citywide Sidewalk Repair (Project No. 2666) A motion was made by Aliano and seconded by Nakamura to approve the following:

1. Award a Construction Contract in the amount of $235,753 to Villalobos & Associates Inc. for the Citywide Sidewalk Repair (Project No. 2666) and authorize Staff to utilize the available project contingency for contract change orders up to 30% of the contract amount; authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and make the CEQA determination as provided in the staff report; and

2. Authorize the City Engineer to accept the improvements upon completion of Project No. 2666 and direct the City Clerk to file a Notice of Completion.

The motion passed by unanimous vote of the Council.

APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – Swinerton Management and Consulting A motion was made by Aliano and seconded by Nakamura to approve an Agreement for Professional Services with Swinerton Management and Consulting in the not-to-exceed amount of $647,424 (base agreement of $539,520 plus staff authority to spend up to a 20% contingency of $107,904) to provide construction management, inspection, and materials testing services for the Residential Pavement Maintenance, Phase B Project (Project Nos. 2607-2608) located in Zone 4O in central Concord between Clayton and Cowell Roads and between Mesa Street/Oakland Avenue and the Contra Costa Canal, and in Zones 5C & 5D in North Concord, immediately south of Highway 4, including Peralta Road and between Highway 242 and Hillsborough Drive; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

ACCEPTANCE OF IMPROVEMENTS AND APPROVAL OF AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT – Downton Corridors Bicycle and Pedestrian Improvement Project (Project No. 2424)
A motion was made by Aliano and seconded by Nakamura to approve the following:

1. Acceptance of improvements for the Downtown Corridors Bicycle and Pedestrian Improvement Project (Project No. 2424) located along Broadway Street, Salvio Street, Grant Street, and Oak Street; and direct the City Clerk to file a Notice of Completion; and

2. Approve an amendment to a Professional Services Agreement for construction management in the amount of $21,715 (for a new not-to-exceed amount of $451,715) with Dewberry Engineers Inc.; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

The motion passed by unanimous vote of the Council.

APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – Open Counter Enterprises, Inc.

A motion was made by Aliano and seconded by Nakamura to approve an Agreement for Professional Services with Open Counter Enterprises, Inc. (an online zoning and permitting assistance software system) in an amount not to exceed $236,256 for a five-year subscription (December 1, 2023 to November 30, 2028); and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

APPROVAL OF AN AMENDMENT TO A TASK ORDER – Dewberry Engineers, Inc.

A motion was made by Aliano and seconded by Nakamura to approve Amendment No. 1 to Task Order No. 2 in the amount of $67,634.55 (for a new not-to-exceed amount of $284,624.95) with Dewberry

City Council Minutes March 26, 2024
3 Engineers Inc., for construction management, inspection, and materials testing services for the Citywide Arterial & Collector Maintenance Project #2 (Project No. 2527), located on up to six (6) miles of arterial and collector streets throughout the City (specifically including portions of Concord Boulevard, Port Chicago Highway, Oak Grove Road, Walters Way, Pacheco Street, and Residential Zone 5L (Almond Avenue, Bacon Street, Galindo Street, Grant Street, and Mt. Diablo Street), and for the Corporation Yard Slurry and Re-Stripe Project (Project No. 2662), located at the City Corporation Yard; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 24-19 – Urban Community Forests This item was pulled from consideration on the Consent Calendar by Councilmember Obringer who highlighted the project.

Following questions from the Council, Mayor Birsan opened a public comment period.

Natalie spoke about the portal used by the City of San Ramon to tracks trees and existing programs used to train volunteers to perform data collection to maintain data on the health of trees.

Mayor Birsan closed the public comment period.

A motion was made by Obringer and seconded by Nakamura to adopt Resolution No. 24-19 entitled, “A Resolution of the City Council of the City of Concord Authorizing the City to Accept a Subaward from U.S. Department of Agriculture Forest Service Through The Trust for Public Land in an Amount Not to Exceed $1 Million to Invest in Urban Community Forests ($138,100 for FY 2024, $278,550 for FY 2025, $243,550 for FY 2026, $195,550 for FY 2027, and $144,250 for FY 2028); and Authorizing the City Manager, or Designee, to Execute the Subrecipient Agreement and Take Other Action Necessary or Appropriate to Implement the Subaward.” The motion passed by unanimous vote of the Council.

PRESENTATION
PROCLAMATION – American Red Cross Month
Mayor Birsan presented Stan Massie, Red Cross Leadership Council, a proclamation declaring March 2024 as “American Red Cross Month” in the City of Concord.

Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.

CITY COUNCIL CONSIDERATION ITEM
ACCEPTANCE OF THE 2023 GENERAL PLAN ANNUAL PROGRESS REPORT Assistant Planner Ben Ulrey presented the staff report, provided background of the Annual Progress Report (APR), discussed Regional Housing Needs Allocation (RHNA) 2023-2031 cycle goals, issued units by income level, affordability and RHNA, affordability by housing type, and selected projects for RHNA credit. Assistant Planner Ulrey then discussed the 2023 Housing Element Program implementation progress including progress to date and program status for various programs, a look ahead for 2024 Housing Element Program implementation including program goals and anticipated completion for various programs, and a timeline for completion dates in 2024. Mr. Ulrey then explained that Council was being requested to accept the 2023 General Plan Annual Progress Report, including the Housing Element Annual Progress Report, and authorize its submittal to the Governor's Office of Planning and Research and to the California Department of Housing and Community Development, and make the CEQA determinations as provided in the staff report.

City Council Minutes March 26, 2024
4 Following questions from the Council, Mayor Birsan opened a public comment period.

Tony Bravo, Monument Impact, inquired what plans the City has in place to be in compliance with the State’s housing requirements and to protect families and community members from displacement.

Mayor Birsan closed the public comment period.

Following discussion by the Council, a motion was made by Hoffmeister and seconded by Nakamura to accept the 2023 General Plan Annual Progress Report, including the Housing Element Annual Progress Report, and authorize its submittal to the Governor's Office of Planning and Research and to the California Department of Housing and Community Development, and make the CEQA determinations as provided in the staff report. The motion passed by unanimous vote of the Council.

APPEAL OF PLANNING COMMISSION’S APPROVAL – Design and Site Review Amendment for Galindo Terrace
Principal Planner Frank Abejo presented the staff report, provided background information on the project with an overview of design modifications for both the approved project and as amended, and explained that Council was being requested to take one of the following actions: 1) affirm the Planning Commission Decision; 2) modify the Planning Commission Decision by directing the applicant to incorporate additional design changes; 3) reverse the Planning Commission Decision; or 4) remand the matter to the Planning Commission with direction.

Paige Smith, Project Manager for Lowney Architecture, gave a presentation showing the approved project design in comparison to a revised design, highlighting the number and angle of sunshades on the building in both designs.

Carolyn Bookhart, Director of Real Estate Development for Resources for Community Development (RCD), continued the presentation and provided background on the development of the project, including funding sources.

Following questions from the Council, Mayor Birsan opened a public comment period.

Natalie expressed appreciation for the Council’s discussion on the project details, noting that the City has provided funding towards the affordable housing project.

Mayor Birsan closed the public comment period.

Following discussion by the Council, a motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-20 entitled, “A Resolution reversing the Planning Commission’s adoption of Resolution No. 24-01 PC and denying a Design and Site Review Amendment to reduce the number of exterior sunshades and add orange accent paneling to the approved building elevations for a 62-unit affordable housing project on a 0.53-acre site located at 1313-1321 Galindo Street (APN:126-164- 051 and -054) (PL19066– DRA),” with modifications to: 1) adjust the orientation of some of the sunshade structures to provide the maximum shade to tenants based upon the sun’s angle on particular units, and 2) remove the lower right sunshade structure near the emergency exit stairwell to help increase public safety.

CORRESPONDENCE
a. Agenda Item No. 7.a – Letter to Whom it May Concern re: Support for MCE's application for the Locally Invested Transportation Equity (LITE) Pilot Program dated February 29, 2024 b. Agenda Item No. 7.b – Letter to Senator Alex Padilla, Senator Laphonza Butler, Congressman Mark DeSaulnier, Congressman John Garamendi, and Congressman Josh Harder re: Support for FY2025 Community Project Funding for Aeration Basin Diffuser Replacement Project dated March 15, 2024

City Council Minutes March 26, 2024
5 c. Agenda Item No. 7.c – Letter to Senator Alex Padilla, Senator Laphonza Butler, Congressman Mark DeSaulnier, Congressman John Garamendi, and Congressman Josh Harder re: Support for FY2025 Central San's Solids Handling Facilities Improvements Project dated March 15, 2024 d. Agenda Item No. 7.d – Letter to Senator Alex Padilla, Senator Laphonza Butler, Congressman Mark DeSaulnier, Congressman John Garamendi, and Congressman Josh Harder re: Support for the Ultraviolet (UV) Disinfection Replacement Project dated March 15, 2024 e. Agenda Item No. 7.e – Letter to Unity Council Chief Executive Officer Chris Iglesias re: Support for Unity Council's application for additional slots for Head Start and Early Head Start in Contra Costa County dated March 15, 2024
f. Agenda Item No. 2.a – Written Public Comment
g. Agenda Item No. 2.a – Benched Written Public Comment h. Agenda Item No. 5.a – 2023 General Plan Annual Progress Report – PowerPoint Presentation i. Agenda Item No. 6.a – Planning Commission Appeal – PowerPoint Presentation

COUNCIL REPORTS
Councilmember Aliano, Vice Mayor Obringer, and Mayor Birsan reported out on their attendance at the National League of Cities Congressional City Conference held March 11-14, 2024.

Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on March 26, 2024, at 9:46 p.m.

EDI E. BIRSAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

1 SPECIAL MEETING OF THE

CONCORD CITY COUNCIL

CONCORD SENIOR CENTER
2727 PARKSIDE CIRCLE

CONCORD, CALIFORNIA
SATURDAY, APRIL 6, 2024
The Concord City Council met in a special meeting at the Concord Senior Center located at 2727 Parkside Circle, at 9:30 a.m. on Saturday, April 6, 2024, with Mayor Birsan presiding. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano; Laura Hoffmeister, Laura Nakamura; Carlyn Obringer; Edi Birsan
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Karan Reid, Director of Finance; Will Tarbox, Director of Public Works; Kevin Marstall, Director of Community Development; Guy Bjerke, Director of Community Reuse Planning; Steve Voorhies, Director of Parks and Recreation; Greg Taylor, Director of Information Technology; Mark Bustillos, Chief of Police; Jasmin Loi, Director of Human Resources; James Nakayama, Police Captain; Craig Blythe General Services Manager; Kit Jory, Parks Manager; Ken Yee, Facilities Manager; Jesse Crawford,
Maintenance Superintendent; Carlton Thompson, City Engineer; Jeff Rayos, Senior Administrative Analyst; Marie Suvansin, Economic Development Manager; Melissa Rea, Economic
Development Specialist; Abhishek Parikh, Deputy Director of Public Works – Transportation; Donna Lee, Budget Officer; Wendy McAuley, Executive Assistant

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Tim Carr, Concord; Jason Pfister, Martinez

ANNUAL WORKSHOP ON CITY COUNCIL PRIORITIES
Mayor Birsan provided introductions and introduced City Manager Valerie Barone who reviewed the workshop agenda and meeting objectives.

City Manager Barone introduced Sam Caygill, Regional Public Affairs Manager East Bay Division, League of California Cities, who gave a presentation on the California Business Roundtable sponsored Taxpayer Protection Act ballot initiative.

Following questions and comments from the City Council, Mayor Birsan introduced Economic Development Manager Marie Suvansin who provided an economic development update.

Following questions and comments from the City Council, Mayor Birsan recessed the meeting at 11:35 a.m. The meeting resumed at 11:45 a.m.

Mayor Birsan introduced Director of Finance Karan Reid who provided an update on unfunded infrastructure needs.

Following questions and comments from the City Council, Mayor Birsan opened a public comment period.

City Council Minutes April 6, 2024
2 Tim Carr, Concord, commented on building roads that stand up to electric vehicle weight.

Jason Pfister, Martinez, suggested the use of redlight cameras and a Food Maxx in the former Fry’s store.

Mayor Birsan closed the public comment period and recessed the meeting at 12:35 p.m. The meeting resumed at 12:45 p.m.

Assistant City Manager Justin Ezell reviewed the past year’s achievements, then City Manager Barone reviewed the existing work plan.

City Manager Barone facilitated a conversation on existing goals and Tier 1 priorities.

Following discussion, the Council confirmed the following Tier 1 priorities for the organization for Fiscal Year 2024-2025 (Tier 1 goals are required to remain a strong organizational focus by the Organization during the Fiscal Year):
 Concord Naval Weapons Station Reuse: Assist and guide the Master Developer team and City/LRA’s pursuit of the Economic Development Conveyance agreement with the U.S. Navy, the advancement of infrastructure planning, resource agency permitting, remediation monitoring, and community outreach efforts in preparation for the drafting of a Specific Plan and CEQA documents throughout the entire fiscal year.
 Implementation of the Homeless Strategic Plan: Council endorsed six strategies contained within the City’s Homeless Strategic Plan. During FY 2024-25, staff will develop and implement programs for the Mobile Resource Center and Interim Motel Housing strategies, and Council will consider and provide direction on the investment of the remaining one-time funds set aside for services to the unsheltered.
 Implementation of Housing Element Mandates: Implementation of 13 programs of the 2023- 2031 Housing Element and forward progress on 12 additional programs, all by the end of June 2025.
 Economic Development Strategy Update: Complete a new or major update to the Economic Development Strategic Plan by the end of June 2025.
 Make Progress on a Plan to address Unfunded Infrastructure Needs: Concurrent with the development of the next two-year General Fund Operating budget (by the end of June 2025), define and recommend actions and funding options that address the City’s unfunded infrastructure needs (recognizing that full plan development will likely take multiple years as many difficult decisions will be involved).
 Develop and adopt 2-year General Fund Operating Budget: Develop a balanced two-year operating budget that maintains the organization's fiscal stability and continues to address unfunded liabilities and ensures funding to the Council's priorities and the City's legal requirements by June 30, 2025.

Council set the following Tier II Goal (to be accomplished if time allows):
 Develop and implement sidewalk vending regulations by June 30, 2025.

Note to Staff from Council: When discussing Tier 1 Goals always present in the context of the Priority Areas of Focus, with specific attention on Public Safety. Council wants the community to know that they are focused on Public Safety. The Areas of Priority Focus include, in no priority order: Public Safety, Fiscal Stability & Economic Development, Quality of Life, Roadway/Infrastructure Maintenance, Customer Service, and Being a Desirable Workplace—employee success and organizational efficiency.

City Council Minutes April 6, 2024
3 The City Council directed staff to prepare a report on and educate the public on the Climate Action Plan and prepare a white paper on a crossing guard program.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on April 6, 2024, at 3:35 p.m. ______
EDI E. BIRSAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Staff Report
Date: May 7, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Justin Bosch, PE, Associate Civil Engineer [email protected]
(925) 671-5008
Subject: Considering approval of an Amendment to the Professional Services Agreement with Bellecci & Associates, Inc.,
increasing the contract amount by $79,954 for a total not-to- exceed amount of $250,289 to provide design engineering and related services for Residential Pavement Maintenance – Zone 2L (Project No. 2626), performing pavement maintenance in neighborhood Zone 2L surrounding The Alameda and
bounded by Concord Boulevard, Port Chicago Highway,
Clayton Road, and Contra Costa Canal; and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15262, 15378, and/or Public Resources Code Section 21065.

Report in Brief
The Professional Services Agreement (PSA) for Residential Pavement Maintenance – Zone 2L (Project No. 2626, Project) was awarded to Bellecci & Associates, Inc. (Bellecci) on January 10, 2023. The PSA was executed to provide design engineering and related services for the Project. An amendment is required to compensate Bellecci for design work that is already completed.

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City Council Agenda Report
Agenda Item No. 5.b
May 7, 2024
Recommended Action
Approve an Amendment to the Professional Services Agreement with Bellecci & Associates, Inc., increasing the total contract amount by $79,954 for a total not-to- exceed amount of $250,289 to provide design engineering and related services for Residential Pavement Maintenance – Zone 2L (Project No. 2626), performing pavement maintenance in neighborhood Zone 2L surrounding The Alameda and bounded by Concord Boulevard, Port Chicago Highway, Clayton Road, and Contra Costa Canal; and authorize the City Manager to execute the amendment in a form acceptable to the City Attorney.

Background and Analysis
On January 10, 2023, a design PSA was awarded to Bellecci for design of Residential Pavement Maintenance – Zone 2L (Project No. 2626, Project).

The Project scope was originally limited to pavement maintenance throughout the Zone 2L neighborhood. However, during the Project’s public outreach meeting, many residents complained of severe ponding and flooding issues. These issues were the most significant along Stanford St and 5th St. After considering the feedback, checking the conditions in the field, and receiving photos from residents, City staff determined that the drainage issues should be addressed.

This determination resulted in additional scope to Bellecci’s original PSA, as they had to research green infrastructure guidelines, test soil and percolation conditions, survey the area, investigate the existing drainage, determine a tie-in point, and design the new storm drain system to alleviate the flooding issues. An amendment is needed to increase the funds under Bellecci’s PSA, for additional design scope already completed on this Project.

The Project is on schedule to bid out this year and a construction contract is anticipated to be brought to the City Council for consideration and award by Summer 2024.

Financial Impact
There are currently sufficient Project funds to amend the PSA. If approved, Bellecci’s PSA will be amended to increase total compensation by $79,954 for a total not to exceed amount of $250,289. This project is funded by 2021 Debt Issuance Measure V (Fund 407) and Measure V (Fund 490).

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15262 (Feasibility and Planning Studies),15378, and/or Public Resources Code Section 21065, the City Council action of awarding of the above-referenced Professional Services Agreements is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it does not constitute a “project,” does not commit the City to a definite course of action, does not constitute discretionary approval of a

City Council Agenda Report
Agenda Item No. 5.b
May 7, 2024
specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment, and in the alternative is exempt from CEQA. 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. Project Location Map

2. Second Amendment to Professional Services Agreement with Bellecci & Associates, Inc., with Exhibit A – Fee Proposal

ATTACHMENT 1

Project Location Map
Residential Pavement Maintenance – Zone 2L
City Project No. 2626
PJ 2626

Project Location Map
Pavement Maintenance ‐ Zone 2L

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28 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This Second Amendment to Professional Services Agreement (“Second Amendment”) is entered into on this date, May 7, 2024, and amends the Professional Services Agreement, Agreement No. 5999, between the City of Concord (“CITY”) and Bellecci & Associates, 2290 Diamond Blvd, Suite 100, Concord, Ca 94520 (“CONSULTANT”) and the First Amendment to Professional Services Agreement, Agreement No. 5999-A.

WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement, Agreement No. 5999, dated January 10, 2023, (the “Agreement”), wherein CONSULTANT agreed to provide consulting services for Residential Pavement Maintenance - Zone 2L, PJ 2626.

WHEREAS, the parties executed th e First Amendment to Prof essional Services Agreement (“First Amendment”) on May 31, 2023 to extend the term of the Agreement.

WHEREAS, under the First Amendment, the Agreement provides that the Agreement shall expire on June 30, 2025.

WHEREAS, under Section 5 “AMENDMENT TO AGREEMENT” the Agreement provides that Agreement may be amended by the parties subject to consent and in accordance with the CITY’S Municipal Code.

WHEREAS, the parties hereto desire to amend the agreement to provide for additional compensation in the amount of $79,954.00 for additional design services, for a total contract amount of $250,289.00;
NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:

1. The first two sentences of Section 3 “PAYMENT” are hereby amended to read as follows:

The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A (of original Agreement) and Exhibit A (of First Amendment). However, in no event shall the amount CITY pays CONSULTANT exceed two-hundred fifty-thousand, two-hundred eighty-nine dollars and zero cents ($250,289.00) for the term of this Agreement.

Attachment 2

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28 2. Except as expressly amended herein, all other terms and conditions of the Professional Services Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Second Amendment on the date indicated above.

Dated: ___________ Bellecci & Associates
BY: ________________________
Robert Broestl, P.E.

Principal
[email protected]
Dated: ___________ CITY OF CONCORD
By: _________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
____________________________ ____________________________________ Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk

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28 FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: ________________

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2023/24 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $250,289.00. ($170,335.00 previously encumbered, requesting additional $79,954.00) Account Code: 4079500C999-74500 4072626113-74500
Finance Director's Signature

Concord Office: Pleasanton Office:
2290 Diamond Blvd., Suite 100 925 • 685 • 4569 7077 Koll Center Pkwy., Suite 210 Concord, CA 94520 bellecci.com Pleasanton, CA 94566
March 20, 2024
Mr. Justin Bosch, PE
City of Concord
1950 Parkside Drive, M/S 40
Concord, CA 94519
Regarding:   Proposal  to  provide  Additional  Services  for  Stanfor d  Street  Easement  Drainage Improvement for the Zone 2L Residential Pavement Project, City Project No. 2626 Dear Justin:

Bellecci appreciates another opportunit y to work with the City of Concord. Per our recent discussions, we propose to provide additional surveying and engineering design services for the Stanford Street drainage and drainage through the easement between Stanford Street and 5th Street.

The following are the key additional items of work that we are requesting for the added drainage investigation and design for the project:
 After the award of the professional services agreement, we were asked to provide drainage design options to address the flooding on Stanford Street, the drainage easement and 5th Street.  Provide the topographic survey for the added design work.  Prepare drainage design plans for the drainage easement and 5th Street.  Study green infrastructure options for Stanford Street to minimize the stormwater runoff flow to the drainage easement.
 Provide geotechnical study for the possibility of installing an infiltration trench in the park on Stanford Street.

Also, in recent City email dated 3/12/24, the following was also requested:
 Address additional round of City comments
 Construction support
Bellecci proposes to conduct the additional work for the project a s outlined in this proposal for an estimated fee of $ 79,954.00 including reasonable reimbursable expenses.  A budget breakdown, Exhibit A, is attached for your review.  As we have been throughout the project we will invoice against this amount on a time and material basis per the hourly rate schedule the City has on file for this contract.

If you have any questions, feel free to call me at 925‐318‐2064.

Sincerely,

BELLECCI
Manny Abucay, PE
Vice President
Exhibit A to Attachment 2

TASK RATE 228 196 168 150 228 312 170 95 1.1 1.1
# TASKS DESCRIPTION Principal Profe ssional Design Assistant Professi onal 2-Man Survey Administration HRS. DIRECT TOTAL Engineer I Engineer II Engineer I Engineer I Surveyor Survey Crew Tec hnician III /TASK COST COST 1 Project Administration (Includes Project Status Reports & Schedule Updates) 0 $0.00 2 Kick-off Meeting 0 $0.00
3 Project Meetings (City Staff) 0 $0.00
4 Public Outreach Meetings (1-BPAC & 1-Public Outreach) 0 $0.00 5Q A / Q C 0 $0.00
Sub-Total 00000 0 0 0 0 0 0 $0.00
1 Utility Research & Coordination (PG&E, Comcast, AT&T, City, et c.) 0 $0.00 2 Detailed Site Investigation & Mark Pavement Repairs 0 $0.00 3 Topographic Survey Base Map 1 16 1 18 $5,390.00
4 Right of Way Research 0 $0.00
5 Geotechnical Pavement Testing Investigation (Miller Pacific) $11,500 0 $12,650.00 Sub-Total 000011 6 1 0 $11,500 $0 18 $18,040.00
1 Preliminary Plans & Estimate (30%) 0 $0.00
2 Plans, Specifications & Estimate (60% & 90%) 0 $0.00
3 Final Plans, Specifications & Estimate (100%) 10 20 20 295 345 $53,810.00 Sub-Total 10 20 20 295 0 0 0 0 $0 345 $53,810.00
1 Bid Period Services 2 4 6 $1,240.00
Sub-Total 24000 0 0 0 $ 0 $ 06 0 $1,240.00
1 Construction Phase 4 12 24 40 $6,864.00
Sub-Total 41 202 40 0 0 0 $ 0 $ 04 0 0 $6,864.00
1 Miscellaneous Expenses (Mil eage, Prints, Postage, etc.) $0 $0.00 PROJECT TOTAL 16 36 20 319 1 16 1 0 $11,500 $0 409 $0 $79,954 1 2 Reasonable reimbursable charges a re included in hourly rates (e.g. mileage, postage, photocopies, computer plotting/printing for internal use, UPS/FedEx). 3 4
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City is performing all environmental documentation for compliance.

City will print and distribute all bid documents.

Easement and right of way plats and legal descriptions are not included and if needed all property owner negotiations will be done by the City.

City will provide the boiler plate for the front end specifications in Word for Bellecci to modify to be project specific.

Utility plans from the various utility companies are readily available, accurate and current and if needed utility relocations will be designed by others.

Geotechnical borings may be performed in City right of way City encroachment permit fees for geotechnical and potholing work will be waived.

City pays for all outside agency fees (Caltrans and utility companies).

Project Assumptions
Distribution of hours shown on the budget are for estimating purposes and the invoicing hours can vary as long as the total ap proved budget is not exceeded.

Project plans, specifications and estimate (PS&E) submittals to the City for review will be at the 30% (plans & estimate only), 60%, 90%, and 100%/Final bid stages.

Right of way research is from available on-line Parcel Quest information and does not include any survey field work or acquiring any preliminary title reports.

Task 1 - Project Administration
Task 2 - Site Investigation, Data Collection, & Survey
Task 3 - Plans, Specifications & Estimate
Task 4 - Bid Period Services
Task 5 - Construction Phase
Residential Pavement Maintenance – Zone 2L- Additional Services for Drainage March 20, 2024

PROJECT BUDGET ESTIMATE
Geotechnical Potholing Sub-
Contractor
City of Concord
Exhibit A

Staff Report
Date: May 7, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Karan Reid, Director of Finance
Prepared by: Suzanne McDonald, Financial Operations Manager [email protected]
925-671-3136
Subject: Considering approval of a five year Professional Services Agreement in an amount not to exceed $527,060, with a one year option to extend, for an additional $121,735, with Maze & Associates Accountancy Corporation to complete annual
financial statement audits, beginning with fiscal year
2023/2024, to be funded by the Finance Department operating budget; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (General Fund)
Report in Brief
Each year the City undergoes an audit of its financial records by an independent auditing firm to adhere to industry best practices and external funding requirements.

Maze and Associates Accountancy Corporation was the City’s audit firm for fiscal years 2018/19 through 2022/23. The City’s contract with Maze and Associates expired at the conclusion of the June 30, 2023, annual audit. As a result, the City issued a Request for Proposal in January 2023 for auditing services.

Six independent auditing firms responded to the Request for Proposal. Upon completion of the Request for Proposal process, Maze and Associates Accountancy Corporation was the top-rated firm for the expertise and knowledge of the staff proposed on the engagement, the team’s audit approach, and the overall experience and resources available within the firm. Maze and Associates was the City’s previous audit firm and will rotate a new partner and team onto the engagement with the City, in accordance with industry standards.

5.c5.c5.c

City Council Agenda Report
Agenda Item No. 5.c
May 7, 2024
Recommended Action
Approve a Professional Services Agreement with Maze and Associates Accountancy Corporation in an amount not to exceed $527,060 for fiscal years ending June 30, 2024, 2025, 2026, 2027, and 2028, with an option to extend for fiscal year ending June 30, 2029, for an additional $121,735, and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

Background
Industry standards require that agencies obtain a new audit team every six years. This is accomplished in one of two ways: the first is to use the same audit firm and to rotate a new partner onto the audit engagement; the second is to issue a Request for Proposal and ask for bids from new firms. The City opted for the second method and issued a Request for Proposal (RFP).

The City issued the RFP on January 22, 2024, requesting firms with the knowledge and expertise to audit the City’s financial statements and various smaller City programs: joint powers authority, special districts, Transportation Development Act grants, and federally funded grants (referred to as the “Single Audit”). The City also required that firms have the knowledge to prepare the City’s larger, more complicated State Controller’s Reports.

With six audit firms responding, Maze and Associates Accountancy Corporation was the top-rated firm to meet the needs of the City.

Analysis
The City is looking to collaborate with an independent audit firm relating to the following annual reporting requirements for the City:
 Annual Comprehensive Finance Report (ACFR)
 Single Audit
 Appropriation or GANN Limit
 Concord-Pleasant Hill Health Care District
 Joint Powers Financing Authority
 Transportation Development Act (TDA)
Specific to the ACFR, the City has received the Government Finance Officers Association’s (GFOA) Certificate of Achievement for Excellence in Financial Reporting for the last thirty years. The City expects to work with its audit firm to continue producing an award-winning document. Expertise by the audit firm in this area is highly desired.

In additional to its audit services, the firm also prepares the State Controller’s Reports for the City, the Joint Powers Authority, and the Concord-Pleasant Hill Health Care District.

City Council Agenda Report
Agenda Item No. 5.c
May 7, 2024
Maze and Associates’ proposal includes contingency for unforeseen audit services required during any given year. This can include but is not limited to additional federal programs required for audit under the Single Audit guidelines or new audit requirements imposed by GASB (Governmental Accounting Standards Board). Should additional services be required, a fee letter will be provided to the City prior to starting the services for consent to begin.

Maze and Associates has illustrated its ability to meet the City’s needs. The firm annually audits nearly one hundred municipalities, including special districts; joint powers authorities; financing authorities: and successor agencies. The firm conducts thirty to forty Single Audits annually, and has more clients obtain the GFOA and/or the CSMFO Award for Excellence in Reporting than any other firm every year since 1992.

Maze and Associates was selected by the RFP team due to the firm’s level of experience, quality of staffing, audit approach, and price requirements of the City. To meet industry standards and the aspirations of the City, Maze and Associates will rotate partners as required to provide a “fresh look” at the City’s reporting data and overall objectivity to the City’s financial reporting.

Alternatives
Should Council choose not to approve the contract, then the City would review the other qualifying submission in the RFP process for alternate firms to perform the services.

This will delay the annual audit process, which normally starts in May of each year.

Procurement Process
The City issued a Request for Proposal on January 22, 2024, for auditing services. Six independent auditing firms responded to the Request for Proposal. A team of three members from the Finance Department rated each firm on its audit approach and its ability to meet the reporting standards required by the generally accepted auditing and accounting standards in the United States. The raters then met with the top three rated firms to interview the staff members assigned to the engagement.

After the interview process, Maze and Associates Accountancy Corporation was the top-rated firm for the expertise and knowledge of the staff proposed on the engagement, the team’s audit approach, and the overall experience and resources available within the firm.

Financial Impact
The Finance operating budget will absorb the annual audit cost. The annual audit service cost for each fiscal year is broken out as follows:

June 30, 2024 $ 95,385
June 30, 2025 $100,160
June 30, 2026 $105,160

City Council Agenda Report
Agenda Item No. 5.c
May 7, 2024
June 30, 2027 $110,415
June 30, 2028 $115,940
Total Cost for 5 years: $527,060
Optional Renewal for fiscal year ending June 30, 2029 audit services: $121,735.

The scope of work includes a contingency for additional, unforeseen audit services required during any given year. Should this additional cost be required, it will be absorbed in the Finance operating budget.

Public Contact
The City Council Agenda was posted.

Attachment

1. Professional Services Agreement with Maze and Associates Accountancy Corporation, with Exhibit A – Cost Proposal

AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on May 7, 2024 between the City of Concord, a California municipal corporation, ("CITY") and Maze & Associates Accountancy Corporation, 3478 Buskirk Avenue, Suite 217, Pleasant Hill, CA 94523 (“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 April 1, 2024 and expire on March 31, 2029 (or the issuance of the June 30, 2028 financial statement audits, which ever is later).

A. Extension of Term. Upon mutual written agreement by the parties, the term of this Agreement may be extended for one (1) additional period of one (1) year each commencing upon the expiration of the initial or extended term, subject to the same terms and conditions of this Agreement.

CONSULTANT shall give written notice of its request for extension of the term of the Agreement to the City’s Authorized Representative, as identified in Section 4 below, at least thirty (30) days prior to expiration of the initial or extended term.

The extension(s) of the term of this Agreement shall be subject to a review of CONSULTANT’S performance in accordance with the terms and conditions of this Agreement and shall be subject to City approval. Such extension of time shall be in writing by a duly executed Amendment to this Agreement.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall perform the services described in detail in Exhibit A, Scope of Services. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount CITY pays CONSULTANT exceed five hundred twenty Attachment 1

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seven thousand sixty dollars ($527,060) for the term of this Agreement. Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

CONSULTANT may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period. It is intended that CITY review such statement and pay CONSULTANT for services rendered within forty-five (45) days of receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Karan Reid, Finance Director of the Finance Department. The CONSULTANT’s authorized representative is Amy Meyer, Shareholder, CFO.

5. AMENDMENT TO AGREEMENT. This Agreement may be amended in writing, subject to approval by both parties. If additional services are requested by CITY other than as described in the above Scope of Services, this Agreement may be amended, modified, or changed by the parties subject to mutual consent and in accordance with the CITY’s Municipal Code by execution of an Amendment by authorized representatives of both parties setting forth the additional scope of services to be performed, the performance time schedule, and the compensation for such services.

A. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including amendments providing for additional compensation to CONSULTANT not to exceed the Minimum Threshold, including the base contract amount, throughout the term of this Agreement. “Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21-43 pursuant to Concord Municipal Code Section

3.10.040(a). The Minimum Threshold for Fiscal Year 2021-22 is $75,000 and increases by $5,000 each

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subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.

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

6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONSULTANT, its officers, agents, employees, volunteers and subcontractors are and shall at all times remain as to the CITY wholly independent contractors. Neither the CITY nor any of its officers, officials, agents, employees or volunteers shall have any control over the manner by which the CONSULTANT performs this Agreement and shall only dictate the results of the performance.

CONSULTANT shall not represent that CONSULTANT or its officers, agents, employees, volunteers or subcontractors are agents or employees of the CITY, and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.

As an independent contractor, CONSULTANT shall not be eligible for any benefits, which the City may provide to its employees and all persons, if any, hired by CONSULTANT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non- standard business hours, such as in the evenings or on weekends. CONSULTANT shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONSULTANT shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. CONSULTANT shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or

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assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by CONSULTANT.

7. STANDARD OF PERFORMANCE. CONSULTANT represents and warrants to CITY that CONSULTANT is skilled and able to provide such services described in the Scope of Services and that such services shall be performed in an expeditious manner, and with the degree of skill and care that is required by current, good, and sound procedures and practices. CONSULTANT further agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.

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

Notwithstanding the foregoing, CITY shall not be obligated or liable for payment hereunder to any party other than the CONSULTANT. CONSULTANT hereby designates the CONSULTANT’S representative as the person primarily responsible for the day-to-day performance of CONSULTANT'S 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.

In accordance with AICPA auditing standards and protocols, all audit documentation prepared under this Agreement is the property of the CONSULTANT. At its sole discretion, the CONSULTANT may make available to the CITY copies of the audit documentation, provided such disclosure does not undermine the effectiveness and integrity of the audit process.

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All working papers and reports must be retained, at the CONSULTANT’s expense, for a minimum of seven (7) years. The CONSULTANT is required to make working papers available to the City and any other third parties authorized by the CITY.

In addition, the CONSULTANT shall respond to the reasonable inquiries of successor auditors and shall allow successor auditors to review working papers relating to matters of continuing accounting significance.

CONTRACTOR shall not disclose or discuss any Work Material or other information gathered, discussed, or generated in any way through this Agreement without the written permission of CITY, 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, officials, agents, employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of this Agreement. The CONSULTANT will reimburse the CITY for any expenditures, including reasonable attorney fees, incurred by the CITY in defending against claims ultimately determined to arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

B. For All Other Services. CONSULTANT agrees to defend, indemnify and hold harmless the CITY (including its officers, officials, agents, employees and volunteers) from and against all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. This indemnification obligation on CONSULTANT’s part shall not apply to the demands, actions, losses, damages, injuries, and liability arising out of the sole negligence or willful misconduct on the part of the CITY.

11. INSURANCE. CONSULTANT agrees to have and maintain the policies set forth in Exhibit B entitled “INSURANCE REQUIREMENTS,” which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City

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Attorney as to form and content and shall be provided no later than thirty (30) calendar days following the execution of this Agreement by both parties. These requirements are subject to amendment or waiver only if so approved in writing by the CITY. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement. The insurance contemplated under this provision shall remain in full force and effect during the term of this Agreement.

12. TIME OF PERFORMANCE. The time of performance of the services under this Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed.

13. SUSPENSION OF WORK. CITY may, at any time, by written notice, suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONSULTANT shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONSULTANT shall not receive any payment for services, or expenses, except for reasonable administration expenses, incurred by CONSULTANT by reason of such suspension.

14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT shall promptly deliver to the CITY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services satisfactorily performed as of the effective date of the termination.

15. COMPLIANCE WITH CIVIL RIGHTS. During the performance of this contract, CONSULTANT agrees as follows:

A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment on the basis of any protected class pursuant to California law. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or

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recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.

B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.

C. Solicitations for Subcontractors including Procurement of Materials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by CONSULTANT for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notified by CONSULTANT of CONSULTANT’S obligation under this Agreement and the regulations relative to nondiscrimination on the basis of any protected class pursuant to California law.

16. CONFLICT OF INTEREST.

A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, official, agent, employee or subcontractor without the express written consent of the CITY. CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.

B. CONSULTANT is not a designated employee within the meaning of the Political Reform Act because CONSULTANT:
(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY 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

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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 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.
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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: Karan Reid,
Finance Director
Finance Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3192
Email: [email protected]
To CONSULTANT: Amy Meyer,
Shareholder, CFO
Maze & Associates Accountancy Corporation
Suite 217
Pleasant Hill, CA94523
Phone: (925)228-2800
Email: [email protected]

25. NON-LIABILITY. No member of the CITY and no other officer, official, agent, employee or volunteer of the CITY shall be personally liable to CONSULTANT or otherwise in the

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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: Amy Meyer Name: Valerie J. Barone
Title: Shareholder, CFO Title City Manager
Address: Suite 217 Address: 1950 Parkside Drive
Pleasant Hill,CA 94523 Concord, CA 94519
Telephone: (925)228-2800 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Meyer Brown Joelle Fockler, MMC
City Attorney City Clerk

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FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2023/2024 THROUGH FISCAL YEAR 2027/2028 TO

PAY THE ANTICIPATED
EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $527,060. Account Code 10032001Z01-63800-0500.

Finance Director's Signature

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

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

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

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

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

4. Workers Compensation: CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq.

CONSULTANT shall, at all times, upon demand of the CITY, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, agents, employees and volunteers for losses arising from work performed under this Agreement. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.

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

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

1. Additional Insured. CITY, its officers, officials, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of CONSULTANT and operations of CONSULTANT, premises owned, occupied, or used by CONSULTANT. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers.

Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer.

2. Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.

3. Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, agents, employees, or volunteers.

4. Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The aforementioned policies shall be issued by an insurance carrier having a rating of Best A-7 or better which is satisfactory to the City Attorney and shall be delivered to CITY at the time of the execution of this Agreement or before work commences. Such policies and certificates shall be in a form approved by the City Attorney. CITY reserves the right to require complete certified copies of all required insurance policies at any time.

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

Greg Pustelnik
Purchasing Manager
City of Concord
1950 Parkside Drive
Concord, CA 94519
[email protected]
Amy Meyer, CPA
3478 Buskirk Ave, Suite
217
Pleasant Hill, CA 94523
T (925) 228-2800
[email protected]

FINANCIAL

AUDITING

SERVICES
COST

PROPOSAL
RFP 011724

02.27.24 PREPARED FOR
Ex
hi
Exhibit A to Attachment 1

This Page Left Intentionally Blank

COST PROPOSAL

EXHIBIT C

PROPOSAL SUBMITTAL FORM

TO THE CITY OF CONCORD: In compliance with the notice Request For Proposals, the undersigned hereby proposes to furnish all necessary tools and equipment, materials, labor, and supervision (including cost of Workers’ Co mpensation Insurance and all payroll taxes on such labor) to provide the above, in accordance with the Special Provisions and Specifications and City of Concord General and Work Conditions therefor, and further agrees to enter into a Contract therefor, at the prices listed in the accompanying proposal.

All costs, except sales tax, must be included in the submittal.

A. COST INFORMATION:

Cost Breakdown: Please use Appendix A to provide a detailed breakdown of costs by fiscal year:

Fiscal Year 2023-2024 Audit $95,385
Fiscal Year 2024-2025 Audit 100,160
Fiscal Year 2025-2026 Audit 105,160
Fiscal Year 2026-2027 Audit 110,415
Fiscal Year 2027-2028 Audit 115,940
Fiscal Year 2028-2029 Audit 121,735
TOTAL COST $648,795

Six hundred forty-eight thousand seven hundred ninety-five (written amount) This fee schedule will be awarded based upon the total amount as written in words. Where there is a discrepancy between words and
figures, WORDS WILL GOVERN.

B. COMPANY INFORMATION:

COMPANY NAME: Maze & Associates
ADDRESS (Not a P.O. Box): 3478 Buskirk Avenue, Suite 217 CITY: STATE, ZIP CODE: Pleasant Hill, CA 94523
PHONE NO.: (925) 228-2800 FAX NO.: n/a - none
EMAIL ADDRESS: [email protected]
YOUR NAME & TITLE: Amy L. Meyer, CPA, Vice President - Audit YOUR SIGNATURE: ________________________ DATE: February 27, 2024

By signing above, Contractor certifies that all information abov e and submitted with this Propos al is true and the representati ons made herein are made under penalty of perjury. Note: Providing fa lse information may result in criminal prosecution or administrative sanctions.

COST PROPOSAL (Continued)

SUMMARY SCHEDULE OF PROFESSIONAL FEES AND EXPENSES
Option Year
Services 2023-24 2024-25 (a) 2025-26 (a) 2026-27 (a) 2027-28 (a) 2028-29 (a) City Audit and ACFR
(Includes Management Letter) $69,450 $72,925 $76,570 $80,400 $84,420 $88,640 Concord/Pleasant Hill Health Care District 6,100 6,405 6,725 7,060 7,415 7,7850 0 0 0 0 Gann Limit Agreed Upon Procedures Report 825 865 910 955 1,005 1,055 Joint Powers Financing Authority 4,580 4,810 5,050 5,305 5,570 5,850 Single Audit (1 major program) and
Related Reports (b) 5,370 5,640 5,920 6,215 6,525 6,850 Transportation Act Audit (if required) 3,280 3,445 3,615 3,795 3,985 4,185 State Controller Financial Transactions Report
- City 3,650 3,835 4,025 4,225 4,435 4,655
State Controller Financial Transactions Report
- District 2,130 2,235 2,345 2,460 2,585 2,715
Totals $95,385 $100,160 $105,160 $110,415 $115,940 $121,735 Notes:
(a) Our policy is to attempt to keep our clients fees constant after inflation. The current CPI for San Francisco Bay Area Services Sector of the U.S. Department of Labor, Bureau of Labor Statistics for the San Francisco-Oakland Area is 4.4% Therefore, fees for years subsequent to 2024 will be adjusted by the actual CPI, up to a maximum of 5.0%. (b) Additional major programs will cost $5,000 each in fiscal year ending June 30, 2024.

COST PROPOSAL (Continued)
DETA

IL SCHEDULE OF PROFESSIONAL FEES AND EXPENSES
FOR FISCAL YEAR 2023-2024 REPORTING ONLY
Financial Statement Audit &
Reporting: Hourly Rate Total Hours TOTAL
Partners $325 52.00 $16,900
Managers 205 57.00 11,685
Supervisory Staff 135 173.00 23,355
Professional Staff 95 383.00 36,385
Clerical Staff 80 16.00 1,280
Subtotal 681.00 89,605
Meals and Lodging (a) 0.00 0
Transportation (a) 0.00 0
Report Preparation, Word
Processing, and Printing
(if requested by City) (b) 0.00 0
Total - -
Total 681.00 89,605
SCO City Financial Transactions
Re
port (Total Only) 35.00 3,650
SCO District Financial
Transactions Report (Total Only) 19.00 2,130
ANNUAL TOTAL 735.00 $95,385
(a) Out-of-pocket expenses are included in our standard hourly rate. (b) Our fees include the report preparation and word processing, but if the City requires our assistance to print the ACFR, we will be happy to coordinate with the third-party printer on the City's behalf. However, the City will pay the printing fees to the third-party printer directly.

COST PROPOSAL (Continued)
Total Cost of Audit
Our Total All-inclusive Maximum Prices for the services are firm fixed fees.

What Our Price Includes
Our price includes all the basic a
udit work and reports, statements and other deliverables specified in your request for proposal. Our price also includes the items below at no additional cost:
1) Year-round support and telephone consultation on pertinent issues affecting the City, 2) Copies of our journal entries and our leadsheets used to support the amounts in your financial statements,
3) Free full day of training at our annual MazeLive event, 4) Active Partner involvement in your work every year,
5) Our typed Interim Audit Checklist,
6) Our typed Annual Closing Checklist,
7) Our typed interim Accounting Issues Memorandum,
8) Overviews and summaries of upcoming GASB pr onouncements and regulation affecting the audited financial statements.
9) Direct upload of general ledger data into our ProSystems trial balance software which is fully linked to financial statement formats.

Fees and Billings
Our fees are firm fixed prices. In determining our fees, we understand that the City’s records will be in condition to be audited; that is, transactions will be properly recorded in the general ledger and subsidiary records, these accounting records and the original source documents will be readily available to use, we will be furnished with copies of bank reconciliations and other reconciliations and analyses prepared by the City and City personnel will be reasonably available to explain procedures, prepare audit correspondence and obtain files and records.

We do not post separate rate structures for municipal audit work. We view this work as being every bit as important and valuable as the work we perform for other clients, and we put our best people on it. Any consulting work you request will be performed at the same rates as our audit work.

Manner of Payment
Progress billings will be sent on the basis of actual audit work completed during the course of the engagement. Interim billings do not cover a period of less than a calendar month. We do not bill for out-of-pocket expenses as they are included in our stated all-inclusive maximum price.

Final payment can be made after the delivery of the City’s final reports.

Staff Report
Date: May 7, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Justin Bosch, PE, Associate Civil Engineer [email protected]
(925) 671-5008
Subject: Considering acceptance of improvements for the Citywide Protected Left-Turn Phasing Project (City Project No. 2575 and Federal Project No. HSIPL-5135(061) located at eight (8) intersections Citywide; and directing the City Clerk to file a Notice of Completion.

Report in Brief
St. Francis Electric, LLC of San Leandro, CA (SFE) has completed all work associated with the Citywide Traffic System Upgrade Project [City Project No. 2575 and Federal Project No. HSIPL-5135(061)] (Project) and has provided the required one-year construction warranty bond.

The Project improvements included various upgrades to traffic signal equipment at 8 intersections Citywide; specific equipment upgrades include signal cabinets, signal controllers, pedestrian signal heads, pedestrian push buttons, and signal head back plates. See attached Location Map (Attachment 1).

Recommended Action
Accept improvements for the Citywide Protected Left-Turn Phasing Project [City Project No. 2575 and Federal Project No. HSIPL-5135(061)] located at eight (8) intersections Citywide; and direct the City Clerk to file a Notice of Completion.

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City Council Agenda Report
Agenda Item No. 5.d
May 7, 2024
Background
On March 28, 2023, the City Council awarded the Project construction contract to SFE in the amount of $1,011,000. Construction for the Project began in October 2023.

The scope of the Project included various upgrades to traffic signal equipment at eight (8) intersections Citywide; specific equipment upgrades include signal cabinets, signal controllers, pedestrian signal heads, pedestrian push buttons, and signal head back plates.

Construction for the Project was completed within the allotted budget and allocated construction working days.

Analysis
SFE has completed all improvements for the Project and staff has inspected the work, which is in compliance with the project plans and specifications. SFE has provided the 10% warranty bond, which guarantees the work from material and workmanship defects for one (1) year.

Financial Impact
The construction contract was completed in the amount of $1,043,006, which is within the original construction contract, and within the approved 10% contingency.

The total budget for the Project is $1,591,041.47 and is funded by Measure Q Project Funds (Fund 401), federal Highway Safety Improvement Program (HSIP) Grant funds (Fund 402), and Measure V funds (Fund 407).

Public Contact
The City Council Agenda was posted.

Attachments

1. Location Map

2. Notice of Completion

Location Map
Citywide Protected Left‐Turn Phasing Project
City Project No. 2575

Project Intersections

RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:

City Clerk
City of Concord
1950 Parkside Drive MS/03
Concord, CA 94519
APN(s): __ _n/a
(Space Above This Line for Recorder’s Use Only)
[Exempt from recording fee per Gov. Code § 27383]

NOTICE OF COMPLETION
(Cal. Civ. Code §§ 8180-8190, 8100-8118, 9200-9208)
A. The City of Concord, a California municipal corporation, entered into a written contract with St. Francis Electric, LLC (Contractor) dated March 28, 2023. The surety on said contract is held by Everest Reinsurance Company, 461 5th Avenue 4th Floor, New York NY, 10017.

B. NOTICE IS HEREBY GIVEN THAT:
(1) The name and address of the owner or reputed owner are:

City of Concord, 1950 Parkside Drive, Concord, CA 94519-2578 (2) The name and address of the direct contractor are:

St. Francis Electric, LLC, 975 Carden St, San Leandro, CA 94577, (3) The name and address of the construction lender, if any, are:

Not applicable
(4) A description of the site sufficient for identification, including the street address of the site, if any, follows:

The real property herein referred to is situated in the City of Concord, County of Contra Costa, State of California, and is described as follows: City Project No. 2575, Federal Project No. HSIPL- 5135(061). The intersections include Concord Avenue at John Glenn Drive and New Drive, Port Chicago Highway at Hickory Drive/6th Street, Willow Pass Road at Sutter Street, East Street at Bonifacio Street and Pacheco Street, Clayton Road at Oakland Avenue, and Concord Boulevard at Mendocino Drive. Map Attached.
(5) The name, address, and relationship to the parties of the person giving the notice:

City of Concord, a California Municipal Corporation, 1950 Parkside Drive, Concord, CA 94519; person giving notice and owner.
(6) The person giving this notice is not a claimant
(7) This notice is given for (check one):

X Completion of the work of improvement as a whole.
___ Completion of a contract for a particular portion of the work of improvement. If the notice is given only of completion of a contract for a particular portion of the work of improvement as provided in California Civil Code Section 8186, provide the following information:
(a) The name and address of the direct contractor under that contract: See item B(2), above. (b) A general statement of the work provided pursuant to the contract: See item A above. (8) If signed by the owner’s successor in interest, the name and address of the successor’s transferor:

Not applicable
(9) The nature of the interest or estate of the owner: Easement (10) The date of completion: May 7, 2024
I, Carlton Thompson, PE, say I am the City Engineer for the City of Concord, owner of the aforesaid interest or estate in the property described in the above Notice of Completion, and as such, make this verification on behalf of City of Concord; and that I have read the above Notice of Completion and know the contents thereof and that the facts stated therein are true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on ___________________________, 20____, at
Concord, California
______________________________________
Carlton Thompson, PE, City Engineer (Signature)
ATTEST:
______________________________________
Joelle Fockler, MMC
City of Concord City Clerk
Attachment 2

Staff Report
Date: May 7, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Sophia Huckabay, Housing Manager
Prepared by: Kelly Rush, Housing Program Analyst
[email protected]
(925) 671-3032
Subject: Considering approval of a Professional Services Agreement including a Software as a Service Agreement (SaaS) with 3Di, Inc. in the amounts not to exceed $60,000 in FY 2023-24, $80,000 in FY 2024-25, $80,000 in FY 2025-26, $85,000 in FY 2026-27, $90,000 in FY 2027-28, and $93,000 in FY 2028-29 (for a total not-to-exceed amount of $488,000 for six years) for the administration and management of the City’s Rent Registry Program; and authorizing the City Manager to execute the Agreements in a form acceptable to the City Attorney.

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

Report in Brief
On March 5, 2024, Council adopted an amended Residential Tenant Protection Ordinance to increase “just cause” eviction protections, expand the City’s rent registry, and establish a rent stabilization program as a tool for decreasing tenant displacement and increasing housing stability. The new Ordinance went into effect on April 19, 2024.

As a result, the City’s Rent Registry Program must be augmented to capture Council’s new rent registry policy direction. The City’s current program administrator, HdL Companies, does not have the capacity to address the needs of an enhanced rent

5.e5.e5.e5.e

City Council Agenda Report
Agenda Item No. 5.e
May 7, 2024
registry. City staff researched options for a rent registry software that met the City’s needs and found 3Di, Inc. to be the best solution. The City Council is being requested to consider approving a Professional Services Agreement including a Software as a Service (SaaS) Agreement for the period of May 1, 2024 – June 30, 2029, with total not to exceed amount of $488,000 for the administration and management of the City’s Rent Registry Program.

Recommended Action
Approve a Professional Services Agreement including a Software as a Service (SaaS) Agreement with 3Di, Inc. in the amounts not to exceed $60,000 in FY 2023-24, $80,000 in FY 2024-25, $80,000 in FY 2025-26, $85,000 in FY 2026-27, $90,000 in FY 2027-28, and $93,000 in FY 2028-29 (for a total not to exceed amount of $488,000 over six years) for the administration and management of the City’s Rent Registry Program, and authorize the City Manager to execute the Agreements in a form acceptable to the City Attorney.

Background
On January 12, 2023, the City Council directed staff, as part of the 6th Cycle Housing Element Update, to prioritize drafting rent stabilization and just cause for eviction policies for Council to consider and adopt as a means of decreasing tenant displacement and increasing housing stability.

During subsequent Council meetings conducted in the fall of 2023 and early 2024, City Council provided staff with direction as to what provisions should be included in the draft ordinance. This policy direction provides for an increase in the number of units being registered and an increase in data that will be collected at a unit-specific level versus at a property-specific level as it has been in preceding years within the Rent Registry Program. The number of units being registered will increase from approximately 7,0001 to 18,100. The Council adopted the new Rent Stabilization and Just Cause for eviction policy provisions on March 5, 2024, and the amended Residential Tenant Protection Program Ordinance went live on April 19, 20242.

Data tracking for all residential rental units covered under the proposed Rent Stabilization and Just Cause for Eviction Ordinance (approximately 18,100 units) includes:
 Rental inventory
1 Information obtained from Concord’s 2023 Residential Rent Registry Report. 2 March 8, the City Clerk received a proposed referendum petition indicating plans to gather signatures to place a referendum on the November 2024 ballot. After the City Attorney’s Office issued an impartial summary on March 19, 2024, the petitioners had 30 calendar days, or until April 18, 2024, to gather the required number of 7,204 valid signatures to allow the referendum to move forward. On April 18, 2024, the proponents informed the City that they were unable to gather sufficient petition signatures and officially withdrew the referendum, allowing the Ordinance to immediately go into effect on April 19, 2024.

City Council Agenda Report
Agenda Item No. 5.e
May 7, 2024
 Changes in rental amounts and what is included in the rent payment (i.e. utilities, pet fees, etc.)
 Reasons for termination of tenancies and type of notice to vacate/termination notice provided
 Collection of filed termination notices issued the property owners  Case management for Tenant and Property Owner Petitions, including the safe keeping of electronic files and documents pertaining to the petitions. The system holds information on the petitions that are filed by the tenants and property owners and all documents related to their respective hearings. All registry and petition case information will be tied to the property address and unit(s) In order to meet the needs of an augmented Program, staff researched software options and is proposing that the City contract with 3Di, Inc., an agency that provides specialized rent registry software, as the City’s best software solution for the management of an augmented rent registry program.

Analysis
The City’s previous rent registry, which was established on July 1, 2021, utilized HdL Companies to administer the Program. However, HdL Companies has shared with staff that they currently do not have the software to support the City’s increased needs as required by the amended Residential Tenant Protection Ordinance.

In response, staff researched rent registry management software and determined that 3Di is the best solution to meet Concord’s updated rent registry program needs. 3Di provides a specialized service for rent registry creation and management for other jurisdictions, including the cities of Alameda, Oakland, Berkeley, Mountain View, Beverly Hills, Santa Ana, Palo Alto, Inglewood, Maywood, City and County of San Francisco, and Los Angeles County.

The City’s proposed contract requires 3Di to perform the following tasks:
 Migration of existing data from HdL companies into the 3Di Engage system.  Researching and identifying Concord’s rental inventory, particularly focusing on identifying units that were not previously required to participate in the City’s Rent Registry Program.
o 3Di will be assisting City staff in locating rental properties with one to three units, including rented single-family homes. As part of the data migration process, 3Di will be working with the City’s Graphic Information System (GIS) to obtain unit size and property ownership status and cross reference that information with Contra Costa County’s records on homeowner exemptions filed for owner occupied units.

City Council Agenda Report
Agenda Item No. 5.e
May 7, 2024
 Creation of property owner and tenant portals with individual log-ins.  Support hours for staff to assist with reporting and system management.  Annual subscription for ongoing maintenance, operation, and support with the Rent Registry, Rent Stabilization, and Eviction Management data management services.
 Support producing annual reports.
 Help Desk to assist property owners with registering their units on the online portal.
 Including credit card processing capabilities in the property owner portal so that property owners can directly pay the rent registry fees online. o City staff will support walk-in property owners with paying rent registry fees and will follow up delinquent property owners who are late to register or pay fees, including imposition of penalties and collection efforts.

Costs and Software Services
Program costs are summarized in Table 1 below and are provided in Attachment 1 (Professional Services Agreement). These costs pertain to the cost of setting up the software program and the administration of the rent registry. For more details, please see the Software as a Service (SaaS) Agreement, which is Exhibit A-1 to Attachment 1.

The administrative costs in FY 2023-24 (Year 1) are the startup costs which include migrating and integrating the data from the old rent registry HdL software to the new 3Di system. Once the new Rent Registry software is up and running, only the cost to maintain the software system and program applies. As a result, it would cost the City an average of $81,300 annually from May 1, 2024 – June 30, 2029. This price includes a 10% contingency rounded up to the nearest $10,000 to account for unexpected costs.

The contingency amounts can only be spent with prior City staff approval.

These costs are fully cost-recoverable per Council’s direction and are built into the Rent Registry fees that were approved on February 27, 2024, and go into effect on July 1, 2024.

City Council Agenda Report
Agenda Item No. 5.e
May 7, 2024
TABLE 1: SERVICES PROVIDED AND SUBSCRIPTION COSTS PER YEAR Year 1
FY 23/24
Year 2
FY 24/25
Year 3
FY 25/26
Year 4
FY 26/27
Year 5
FY 27/28
Year 6
FY 28/29
Program Implementation Costs
One-Time
Implementation
Costs
$55,000
Annual Subscription Costs for Software as a Service (SaaS) Annual
Subscription for
Rent Registry
$42,000 $44,100 $46,305 $48,620 $51,051
Subscription for
Rent
Stabilization
Services
$6,000 $6,300 $6,615 $6,946 $7,293
Subscription for
Eviction
Records
Management
Services
$6,000 $6,300 $6,615 $6,946 $7,293
Subscription for
Housing Help
Desk
$15,600 $16,380 $17,199 $18,059 $18,962
Total Costs $55,000 $69,600 $73,080 $76,734 $80,571 $84,599 Total Costs +
Contingency $60,000 $80,000 $80,000 $85,000 $90,000 $93,000 Staff anticipates the migration of data to occur in May 2024 with the approval of the Professional Services Agreement. The new rent registry would go live on July 15, 2024, to allow property owners who must register their units to do so before the September 15, 2024, deadline. This will preserve the annual registration period in the summer of each year. City staff will conduct trainings with property owners on the new system and its capabilities as the system becomes available (tentatively scheduled in July 2024).

Procurement Process
Under the City of Concord’s Municipal Code (CMC) 3.10.080(4), bidding regulations may be waived by the purchasing officer if contracts or purchase orders involve the

City Council Agenda Report
Agenda Item No. 5.e
May 7, 2024
obtaining of professional or specialized services, such as, but not limited to, services rendered by architects, attorneys, engineers, or other specialized consultants. 3Di provides specialized Rent Registry services including customizing and managing Rent Registry programs. 3Di, Inc. is the only existing, readily available specialized rent registry program software that meets the requirements of the updated ordinance.

In addition, 3Di meets the City’s definition of professional services, as defined in CMC

3.10.020 in that they offer services which involve the exercise of professional discretion and independent judgment based on specialized knowledge of rent registries and expertise gained through delivering public-sector solutions to local governments for over 20 years.

As such, the City and 3Di would enter into a Professional Services Agreement (Attachment 1), which under CMC Chapter 3.10 does not require the City to solicit bids; however, it does require City Council approval due the annual dollar amount of the Agreement (CMC 3.10.040).

Financial Impact
The cost of this agreement will be paid for through the Rent Registry fees that go into effect on July 1, 2024; it is not anticipated to have a fiscal impact on the City.

Environmental Determination
Pursuant to California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), the proposed rent registry criteria do not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), or 15378 because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment. In addition, the revision is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that the activity will have a significant effect on the environment, and no further environmental review is required. Moreover, even if the activity does comprise a project for CEQA analysis, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” None of the exceptions identified in CEQA Guidelines Section 15300.2 are present. No unusual circumstances are present. Therefore, the activity does not warrant further environmental review.

Public Contact
The City Council Agenda was posted.

City Council Agenda Report
Agenda Item No. 5.e
May 7, 2024
Attachment

1. Professional Services Agreement with Exhibit A, Scope of Services, Exhibit A-1, Software as a Service (SaaS) Agreement, and Exhibit B, Insurance Requirements

AGREEMENT FOR PROFESSIONAL SERVICES

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THIS AGREEMENT ("Agreement") is entered into on May 1, 2024, between the City of Concord, a , California municipal corporation, ("CITY") and 3Di, Inc., California Corporation, 3 Pointe Drive, Suite 307, Brea , CA 92821 (“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 May 1, 2024, and expire on June 30, 2029.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall perform the services described in detail in Exhibit A, Scope of Services. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, shall in no event shall the amount CITY pays CONSULTANT exceed Sixty Thousand dollars ($60,000) for Fiscal Year 2023/24, Eighty Thousand dollars ($80,000) for Fiscal Year 2024/25, Eighty Thousand dollars ($80,000) for Fiscal Year 2025/26, Eighty-Five Thousand dollars ($85,000) for Fiscal Year 2026/27, Ninety Thousand dollars ($90,000) for Fiscal Year 2027/28, and Ninety-Three Thousand dollars ($93,000) for Fiscal Year 2028/29. 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 i
nclude adequate documentation demonstrating work performed during the billing period. It is intended that CITY review such statement and pay CONSULTANT for services rendered within forty-five (45) days of receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

Attachment 1

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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 Sophia Huckabay, Housing Manager of the Community Development Department. The CONSULTANT’s authorized representative is Don Christoff, Director.

5. AM
ENDMENT TO AGREEMENT. This Agreemen t 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. A mendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including amendments providing for additional compensation to CONSULTANT not to exceed the Minimum Threshold, including the base contract amount, throughout the term of this Agreement. “Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21- 43 pursuant to Concord Municipal Code Section

3.10.040(a). The Minimum Threshold for Fiscal Year 2021-22 is $75,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026- 27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.

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

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

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officials, agents, employees or volunteers shall have any control over the manner by which the CONSULTANT performs this Agreement and shall only dictate the results of the performance.

CONSULTANT shall not represent that CONSULTANT or its officers, agents, employees, volunteers or subcontractors are agents or employees of the CITY , and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.

As an independent contractor, CONSULTANT shall not be eligible for any benefits, which the City may provide to its employees and all persons, if any, hired by CONSULTANT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non- standard business hours, such as in the evenings or on weekends. CONSULTANT shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONSULTANT shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. CONSULTANT shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, per sonal 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. S
TANDARD OF PERFORMANCE. CONSULTANT rep resents and warrants to CITY that CONSULTANT is skilled and able to provide such service s described in the Scope of Services and that such services shall be performed in an expeditious manner, and with the degree of skill and care that is required by current, good, and sound procedures and practices. CONSULTANT further agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.

8. PERFORMANCE BY CONSULTANT. C
ONSULTANT shall not employ other
consultants, subconsultants, experts, or contractors without the pr ior 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. O
WNERSHIP 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.

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

10. I
NDEMNIFICATION.

A. For Design Professional Services Only. Pursuant to California Civil Code Section 2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, officials, agents, employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of this Agreement. The CONSULTANT will reimburse the CITY for a ny expenditures, including reasonable attorney fees, incurred by the CITY in defending against claims ultimately determined to arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

B. For All Other Services. CONSULTANT agrees to defend, indemnify and hold harmless the CITY (including its officers, officials, agents, employees and volunteers) from and against

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

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

12. TI
ME OF PERFORMANCE. The time of performance of the services under this Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed.

13. SUSPENSION OF WORK.

CITY may, at any time, by written notice, suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONSULTANT shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONSULTANT shall not receive any payment for services, or expenses, except for reasonable administration expenses, incurred by CONSULTANT by reason of such suspension.

14. TERMI
NATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the o ther 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

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property. After receipt of the Work Materials , CITY will pay CONSULTANT for the services satisfactorily performed as of the effective date of the termination.

15. CO MPLIANCE WITH CIVIL RIGHTS . During the performance of this contract, CONSULTANT agrees as follows:

A. E qual Employment Opportunity. In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment on the basis of any protected class pursuant to California law . Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.

B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.

C. Solicitations for Subcontractors including Procurement of Materials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by CONSULTANT for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notifie d by CONSULTANT of CONSULTANT’S obligation under this Agreement and the regulations relative to nondiscrimination on the basis of any protected class pursuant to California law.

16. CO
NFLICT OF INTEREST.

A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT ’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, official, agent, employee or subcontractor without the express written consent of the CITY . CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.

B. CONSULTANT is not a designated employee within the meaning of the Political

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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) P ossesses 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. CO MPLIANCE 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-W
AIVER. 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 a ny 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

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ground that said party was solely or primarily responsible for drafting the language to be interpreted.

21. I NTEGRATION. 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 r egistered 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: Sophia Huckabay, Housing Manager
Community Development Department
City of Concord
1950 Parkside Drive M/S 10
Concord, CA 94519-2578
Phone: (925) 671-3387
Email: [email protected]

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To CONSULTANT: Mihir Desai, Owner
3Di, Inc
3 Pointe Drive, Suite 307
Brea, CA 92821
Phone: (714) 257-1100 ext 143
Email: [email protected]

25. NON-LIABILITY. No member of the CITY and no other officer, official, agent, employee or volunteer of the CITY shall be personally liable to CONSULTANT or otherwise in the event of any default or breach of the CITY, or for any amount which may become due to CONSULTANT or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.

26. EXE CUTION. 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 t
he 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: Mihir Desai Name: Valerie J. Barone
Title: Owner Title City Manager
Address: 3 Pointe Drive, Suite 307 Address: 1950 Parkside Drive Brea CA 92821 Concord, CA 94519
Telephone: (714) 257-1100 ext 143 Telephone: (925) 671-3150 Email: [email protected]

APPROVED AS TO FORM: ATTEST:

Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk Page 16 of 51

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FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE FISCAL YEARS 2023/24, 2024/25, 2025/26, 2026/27, 2027/28, 2028/29 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $488,000. Account Code 11689001Z01-63800-500.

Finance Director's Signature

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EXHIBIT “A”

SCOPE OF SERVICES

3Di, Inc. (“3Di”), will collect rent registry data and payment information annually from all property owners of covered units under the rent stabilization and just cause provisions of the Tenant Protection Ordinance. Property owners and tenants will have access to view and submit information on their rental units to the City. City staff will have access to all rental information submitted by property owners and tenants through a City portal created and managed by 3Di.

These services include the following:
• Software and Services – Implementation management, requirements analysis, design (UX/UI), system testing, training, post-implementation stabilization and general integration • Data Migration – transfer of prior rent data from HdL and importing data such as parcel information from Contra Costa County tax assessor’s office • Software Integration – creation of single server sign on for property owner/tenant/City staff access to portal and GIS integration
• Annual Subscriptions Including Ongoing Maintenance, Operation and Support – Subscriptions for rent registry with additions of rent stabilization and eviction management components, and housing help desk, inclusion of 10 genie support hours per month for City staff support
Rental Property Administration Services
Year 1
FY 23/24
Year 2
FY 24/25
Year 3
FY 25/26
Year 4
FY 26/27
Year 5
FY 27/28
Year 6
FY 28/29
Program Implementation Costs
One-Time
Implementation
Costs
$55,000
Annual Subscription Costs for Software as a Service (SaaS) Annual
Subscription for
Rent Registry
$42,000 $44,100 $46,305 $48,620 $51,051
Subscription for
Rent
Stabilization
Services
$6,000 $6,300 $6,615 $6,946 $7,293

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Subscription for
Eviction
Records
Management
Services
$6,000 $6,300 $6,615 $6,946 $7,293
Subscription for
Housing Help
Desk
$15,600 $16,380 $17,199 $18,059 $18,962
Total Costs $55,000 $69,600 $73,080 $76,734 $80,571 $84,599 Total Costs +
Contingency
$60,000 $80,000 $80,000 $85,000 $90,000 $93,000

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EXHIBIT “B”

INSURANCE REQUIREMENTS

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

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

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

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

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

4. Workers Compensation: CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq.

CONSULTANT shall, at all times, upon demand of the CITY, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, agents, employees and volunteers for losses arising from work

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performed under this Agreement. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.

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

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

1. Additional Insured. CITY, its officers, officials, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of CONSULTANT and operations of CONSULTANT, premises owned, occupied, or used by CONSULTANT. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers.

Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer.

2. Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.

3. Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, agents, employees, or volunteers.

4. Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The aforementioned policies shall be issued by an insurance carrier having a rating of Best A-7 or better which is satisfactory to the City Attorney and shall be delivered to CITY at the time of the execution of this Agreement or before work commences. Such policies and certificates shall be in a form approved by the City Attorney. CITY reserves the right to require complete certified copies of all required insurance policies at any time.

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

1 SOFTWARE AS A SERVICE (SaaS) SUBSCRIPTION INITIAL/RENEWAL AGREEMENT Contract Date: May 1, 2024 Subscription Renewal Date:

Company:
3Di, Inc.
3 Pointe Drive, Suite 307
Brea, CA 92821
Company Contact:

Don Christoff, Director
[email protected]
724.866.6646
Customer:

City of Concord
1950 Parkside Drive, MS/10A
Concord, CA 94519
Customer Contact:

Sophia Huckabay, Housing Manager
[email protected]
(925) 671-3387
Software as a Service Subscription Products: 3Di Engage Platform, rent registry, rent stabilization, and eviction management solutions.

Subscription Fees: Customer will pay $55,000 in Year 1 and $69,600 annually thereafter in Year 2, payable annually, subject to the terms of Section 4 herein. Pricing details, including renewal year rates, are located in Exhibit A.

Implementation Fees: Customer will pay a one-time fee of $55,000 upon completion of the implementation described in the proposal, which is in Exhibit E. Final Statement of Work will be determined and agreed upon during the implementation Kick-Off meetings. Implementation pricing details are located in Exhibit E.

Number of Genie Hours support per month: 10
The Genie Hours support hours may not be carried over from one month to the next.

Initial Subscription Term: This Agreement’s Term
is 5 years and 2 months, beginning on May 1, 2024,
and ending on June 30, 2029, unless this Agreement
ends sooner according to the terms elsewhere in this
document.

Renewal Subscription Term: Upon expiration of
the initial subscription term of this Agreement,
Customer shall have the ability to renew the term of
the Agreement for up to and including four
successive additional terms of one year each on terms
and conditions. Pricing details, including renewal
year rates, are located in Exhibit A.

Subscription Service Capacity: Up to 20,000 registered units annually.

Conditions:
 Subscription costs are applicable from May 1, 2024.
 Annual payments for subscriptions are preferred but monthly payments can be accommodated upon request.

Subscriptions are billed at the time of contract execution. Implementation costs are billed upon completion of the implementation.
 Customization beyond the 10 Genie Hours in any given monthly period will be charged on a T&M basis.  Data migration and integration with other software solutions are not included unless otherwise stated.  If desired, the customer will provide web services for the integration of the city’s Microsoft AD servers or ADFS to authenticate the city staff users.
 The customer will provide access to the web services for connecting to their ESRI instance if required.  The customer will make available necessary resources for requirements gathering, testing, deployment, and training as required by the project plan.
 3Di’s Engage solutions will provide cloud-based data archival, depending on which option that the customer decides to purchase. As long as the subscription is active, 3Di will continue the storage. The customer will have anytime access to their data and they have the ability and right to download the data for other storage/usage options.
 Any costs related to sending text message notifications are not included.

Exhibit A-1 to Attachment 1

LIBC/3968202.1
SOFTWARE AS A SERVICE (SaaS) AGREEMENT
This SaaS Agreement (“Agreement”) is entered into on this 1st day of May, 2024, (the “Effective Date”) between 3Di, Inc. (DBA 3Di Systems) with a place of business at 3 Pointe Drive, Suite 307, Brea, CA 92821 (“Company”), and the Customers listed above (“Customers”). This Agreement includes and incorporates the above Agreement Terms, as well as the attached Terms and Conditions and contains, among other things, warranty disclaimers, liability limitations and use limitations. There shall be no force or effect to any different terms of any related purchase order or similar form even if signed by the parties after the date hereof. 3Di, Inc.: City of Concord:

By: By:

Name: Mihir Desai Name: Valerie J. Barone
Title: Owner Title: City Manager
[email protected]
Approved as to Form:

By: ________________________________________
Name: Susanne Brown
Title: City Attorney
Attest:

By: ________________________________________
Name: Joelle Fockler, MMC
Title: City Clerk

3 TERMS AND CONDITIONS

1. SAAS SERVICES AND SUPPORT

1.1 Subject to the terms of this Agreement, Company will use commercially reasonable efforts to provide Customer the Services in accordance with the Service Level Terms attached hereto as Exhibit B. As part of the registration process, Customer will identify an administrative user name and password for Customer’s Company account. Company reserves the right to refuse
registration of, or cancel passwords it deems inappropriate.

1.2 Subject to the terms hereof, Company will provide
Customer with reasonable technical support services in
accordance with the terms set forth in Exhibit C.

1.3 Company uses Amazon Web Services (AWS) as the
default service provider for hosting software solutions. As such Company is subject to the terms of their services (available via the provided URLs) in Exhibit D.

2. RESTRICTIONS AND RESPONSIBILITIES

2.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels. With respect to any Software that is distributed or provided to Customer for use on Customer premises or devices, Company hereby grants Customer a non-exclusive, non-
transferable, non-sub-licensable license to use such Software during the Term only in connection with the Services.

2.2 Further, Customer may not remove or export from the United States or allow the export or re-export of the Services, Software or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section

2.101, the Software and documentation are “commercial items” and according to DFAR section 252.227-7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

2.3 Customer represents, covenants, and warrants that
Customer will use the Services only in compliance with
Company’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations.

2.4 Company shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing.

2.5 Notwithstanding anything to the contrary, Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Company will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and No rights or licenses are granted except as expressly set forth herein.

Except for Company’s Software and intellectual property, Customer shall own all data and other records and deliverables specific to Customer that are provided, created or maintained pursuant to this Agreement (“Customer Data”). Company shall take reasonable measures to protect, and prevent the loss of Customer Data within Company’s custody or control.

2.6 Customer acknowledges and agrees that the Company is not providing any consulting or advisory services to the Customer, legal or otherwise, in connection with the Services or Software or Application.

3. PAYMENT OF FEES

3.1 Customer will pay Company the then applicable fees
described in the Agreement for the Services and Implementation Services in accordance with the terms therein (the “Fees”). If Customer’s use of the Services exceeds the Service Capacity set forth on the Agreement or otherwise requires the payment of additional fees (per the terms of this Agreement), Customer shall be billed for such usage and Customer agrees to pay the additional fees in the manner provided herein. Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then-current renewal term, upon thirty (30) days prior notice to Customer (which may be sent by email). If Customer believes that Company has billed Customer incorrectly, Customer must contact Company, in order to receive an adjustment or credit. Inquiries should be directed to Company’s customer support department.

3.2 Company may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Company forty-five (45) days after the mailing date of the invoice. Customer shall be responsible for all taxes

4 associated with Services other than U.S. taxes based on Company’s net income.

4. TERM AND TERMINATION

4.1 Subject to earlier termination as provided below, this Agreement is for the Initial Service Term as specified in the Agreement, and shall be automatically renewed for additional periods of the same duration as the Initial Service Term (collectively, the “Term”), unless either party requests in writing termination at least thirty (30) days prior to the end of the then- current term.

4.2 In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days’ notice, if the other party materially breaches any of the terms or conditions of this Agreement. Customer will pay in full for the Services up to and including the last day on which the Services are provided.

Upon termination for any reason, Customer shall cease all use of the Software and Application and the Company will make all Customer Data available to Customer for electronic retrieval for a period of 120 days, but thereafter Company shall delete stored Customer Data. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

5. CONFIDENTIAL INFORMATION

5.1 The Company and the Customer understand and agree
that in the performance of this Agreement, each party may have access to or may be exposed to, directly or indirectly, proprietary or confidential information of the other party, including, but not limited to, trade secrets, Web site usage statistics, marketing and business plans, Customer Data and technical information (“Confidential Information”).

5.2 Each party agrees that it shall not, during the term of this Agreement and after its termination, use (except as expressly authorized by this Agreement) or disclose Confidential
Information of the other party without the prior written consent of the other party, unless the receiving party can prove such Confidential Information (i) was known to the receiving party prior to the Effective Date of this Agreement, or (ii) is or becomes publicly available without breach of this Agreement, or (iii) becomes known to the receiving party after rightful disclosure from a third party not under an obligation of confidentiality; or (iv) was independently developed by the receiving party without the use of the disclosing party’s Confidential Information. The receiving party will have the right to disclose Confidential Information without being in breach of this Agreement to the minimum extent necessary to comply with a lawful court order or government regulation, provided that the receiving party provide the disclosing party with advance written notice thereof, and reasonably cooperates with the disclosing party to seek confidential or protective treatment of such Confidential Information. In addition, the receiving party agrees to take all reasonable measures to protect and maintain in confidence the Confidential Information received from the disclosing party. With respect to Confidential Information disclosed by a party under this Agreement, this Section 5 shall supersede any existing agreement relating to confidential treatment and/or nondisclosure of Confidential Information.

6. WARRANTY AND DISCLAIMER
Company shall use reasonable efforts consistent with
prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency
maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

HOWEVER, COMPANY DOES NOT WARRANT THAT THE
SERVICES WILL BE UNINTERRUPTED OR ERROR FREE;

NOR DOES IT MAKE ANY WARRANTY AS TO THE

RESULTS THAT MAY BE OBTAINED FROM USE OF THE
SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS

SECTION, THE SERVICES AND IMPLEMENTATION
SERVICES ARE PROVIDED “AS IS” AND COMPANY

DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO, IMPLIED

WARRANTIES OF MERCHANTABILITY AND FITNESS

FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT.

7. INDEMNITY
Company shall hold Customer harmless from liability to
third parties resulting from infringement by the Service of any United States patent or any copyright or misappropriation of any trade secret, provided Company is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; Company will not be responsible for any settlement it does not approve in writing. The foregoing obligations do not apply with respect to portions or components of the Service (i) not supplied by Company, (ii) made in whole or in part in accordance with Customer specifications, (iii) that are modified after delivery by Company, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Customer’s use of the Service is not strictly in accordance with this Agreement. If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by Company to be infringing, Company may, at its option and expense (a) replace or modify the Service to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, (b) obtain for Customer a license to continue using the Service, or (c) if neither of the foregoing is commercially practicable, terminate this Agreement and Customer’s rights

5 hereunder and provide Customer a refund of any prepaid, unused fees for the Service.

8. INSURANCE
Company shall furnish Customer with insurance forms
that fully meet the requirements of the Customer, and contain provisions entirely consistent with this Agreement and are incorporated into it by this reference. This Agreement’s insurance provisions: (i) are separate and independent from the
indemnification and defense provisions herein; and (ii) do not limit, in any way, the applicability, scope, or obligations of the indemnification and defense provisions.

9. FORECE MAJEURE
The Company shall not be liable to the Customer or any
other person or entity for any delay or failure in the performance of this Agreement or for loss or damage of any nature whatsoever suffered by such party due to disruption or unavailability of communication facilities, utility or Internet service provider failure, acts of war, acts of vandalism, terrorism, lightning, fire.

10. VERIFICATION AND AUDIT
The Company may, at its expense, audit the Customer’s
use of the Software and Application, provided that any such audit shall not interfere with the Customer’s business activities. The Company shall be permitted to conduct automated audits at its discretion, provided that such automated audits take place without accessing the Customer’s internal information technology networks and do not materially interfere with the Customer’s use of the Software and Application. If an audit reveals that the Customer has utilized more users than authorized or otherwise underpaid fees to the Company, the Customer shall pay the Company applicable fees based upon the agreed upon fee schedule.

11. INDEPENDENT CONTRACTOR
The relationship of Parties is solely that of independent contractors. Nothing contained in this Agreement shall be construed to give either party the power to direct or control the activities of the other or constitute either party as the other’s partner, joint venture member, co-owner, agent, franchisee or employee.

12. COMMERCIAL ITEM
This Section shall apply if the Customer is part of the United States government, or is otherwise subject to regulations promulgated by the United States government for the procurement of goods and services. The Software and Application are both “commercial items” under FAR §2.101 and consist of
“commercial computer software” and “commercial computer software documentation” under FAR §12.212 and DFARS §227- 7202. Any use, duplication, or disclosure of the Software or Application or associated documentation by the Customer is governed solely by the terms of this Agreement. Any technical data customarily provided with the Software or Application shall also be governed by the terms of this Agreement pursuant to FAR §12.211. Further, the parties acknowledge that all items or services ordered and delivered under this Agreement are commercial items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, the Company agrees to be bound only by those Federal contracting clauses that apply to “commercial” suppliers and that are contained in FAR 52.212-5(e)(1) (OCT 2003). Further, in the event that the parties negotiate or agree upon a change in the price provided in this Agreement, or should the Company become entitled to an equitable adjustment in the price, the Company shall not be required to comply with the contract cost principles or cost accounting standards of the FAR.

13. BILLING
All fees listed on the SaaS Service Agreement are
exclusive of all taxes. The “Service Fees” are billed on an annual basis in advance; and, due upon receipt of invoice. This secures site, servers and resources necessary to begin project. The “Implementation Fees” are billed upon completion of the “Implementation Services” and the start of SaaS Subscription Services. All payments should be made directly to 3Di, Inc. and will not be deemed received until actually received in the Company’s offices. The Company’s mailing address for all payments is:
3Di, Inc.

Attention: Accounts Receivable
3 Pointe Drive, Suite 307
Brea, CA 92821

14. MISCELLANEOUS
This Agreement, along with the Customer’s Professional
Services Agreement dated May 1, 2024 and attached hereto as Attachment 1 contains the entire agreement of the parties, and supersedes (i) any and all previous or contemporaneous
agreements with respect to the subject matter hereof, whether oral or written and (ii) the End User Agreement contained on the Software and Application. In addition, any purchase orders issued by any entity other than the Company shall be valid only for the purpose of identifying this contract for reference purposes only, and any terms included in such purchase orders are void and shall be of no effect. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. This Agreement may not be assigned by the Customer without the Company’s prior written consent, such consent not to be unreasonably withheld. The Company may assign, delegate and/or subcontract any or all of its rights or obligations hereunder. Any attempted assignment in violation of the foregoing shall be null and void. All notices and consents required or permitted to be given under this Agreement shall be in writing to the parties at the addresses designated herein or to such other address as either party may designate to the other by written notice, and shall be effective upon receipt. Written notice shall be made in the form of a certified letter, confirmed facsimile transmission or acknowledged receipt of electronic mail. Receipt shall be deemed to have occurred: five days following mailing of a certified letter; upon receipt of confirmation of fax; and upon

6 receipt of confirmation of receipt of e-mail. This Agreement shall be governed in all respects, including validity, interpretation and effect, by the laws of the State of California, without reference to the conflicts of laws rules or any other rules that would result in the application of a different body of law. If any part of this Agreement shall be held to be void or unenforceable, such part will be treated as severable, leaving valid the remainder of this Agreement notwithstanding the part or parts found to be void or unenforceable. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party, and any such waiver shall only be applicable to the specific instance referenced in such writing. This Agreement may be executed in two counterparts, each of which shall be deemed to be an original, and both of which together shall constitute one contract. Fax copies of signatures shall also be treated as originals for purposes of this Agreement. The Customer acknowledges and agrees that the Company retains the right at any time to change the features, functionality and look-and-feel of the Software and Application. The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof. Any outstanding payment obligation of the Customer, the restrictions and responsibilities provisions of Section 2, and all of Sections 5, 6, 7, 12 and 15, and any other term hereof which contemplates continuing effectiveness, shall survive the termination or expiration of this Agreement for any reason.

15. ACCEPTANCE
IN WITNESS WHEREOF, the parties have caused this
Agreement to be executed by their duly authorized representatives effective as of the Effective Date.

16. SIGNATURES
3Di, Inc. (the “Company”):

By:

Name: Mihir Desai
Title: Owner
Date:

City of Concord:

By: ___________________________________
Name: Valerie J. Barone
Title: City Manager
Approved as to Form:

By: _______________________________________
Name: Susanne Brown
Title: City Attorney
Attest:

By: ______________________________________
Name: Joelle Fockler
Title: City Clerk

EXHIBIT A
Pricing
Year 1
FY 23/24
Year 2
FY 24/25
Year 3
FY 25/262
Year 4
FY 26/273
Year 5
FY 27/284
Year 6
FY 28/295
Section 1: Services
Implementation Management
Requirements Analysis
Design (includes UX/UI Design)
Build, Configure & Integration
System Testing
Implementation/Deployment
Training
Post-Implementation stabilization
Integration
$40,000

Total Software and Services Costs $40,000
Section 2: Data Migration (Optional)
Data Migration $5,000
Total Data Migration Costs $5,000
Section 3: Software Integrations (Optional)
Software Integration $10,000
Total Integrations Costs $10,000
Section 4: Annual Subscriptions including Ongoing Maintenance, Operation & Support (SaaS) Subscription for Rent Registry $42,000 $44,100 $46,305 $48,620 $51,051 Subscription Addition for Rent
Stabilization $6,000 $6,300 $6,615 $6,946 $7,293
Subscription Addition for Eviction
Management $6,000 $6,300 $6,615 $6,946 $7,293
Subscription for Housing Help Desk $15,600 $16,380 $17,199 $18,059 $18,962 Total SaaS Subscription Costs $69,600 $73,080 $76,734 $80,571 $84,599 TOTAL COSTS $55,000 $69,600 $73,080 $76,734 $80,571 $84,599

EXHIBIT B
3Di Inc. Service Level Terms
The Services shall be available 99.9%, measured monthly, excluding scheduled maintenance. If Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third party connections or utilities or other reasons beyond Company’s control will also be excluded from any such calculation. Customer's sole and exclusive remedy, and Company's entire liability, in connection with Service availability shall be that for each period of downtime lasting longer than one hour, Company will credit Customer 5% of Service fees for each period of 60 or more consecutive minutes of downtime; provided that no more than one such credit will accrue per day. Downtime shall begin to accrue as soon as Customer (with notice to Company) recognizes that downtime is taking place, and continues until the availability of the Services is restored. In order to receive downtime credit, Customer must notify Company in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of Service Fees in any one (1) calendar month in any event. Company will only apply a credit to the month in which the incident occurred.

Company’s blocking of data communications or other Service in accordance with its policies shall not be deemed to be a failure of Company to provide adequate service levels under this Agreement.

EXHIBIT C
Company will provide remote (via WebEx, email, and telephone as necessary) technical support for our services on a business day basis. Business day is defined as 8:00 AM through 5:00 PM Central Time zone, excluding federal holidays and weekends (“Support Hours”).

Company will provide an online tool such as “Zoho” for issue management to support services covered in the scope for this agreement. Management and tracking of the issues will be done using this tool.

Customer will report the issue via email, telephone or by logging the issue in the issue managements system. If the issue is logged via email or telephone, the Company shall enter the same into the issue management system.

All the stakeholders who have access to the issue management system will be able to get status of the issues anytime.

Company will use commercially reasonable efforts to respond to all Helpdesk tickets within one (1) business day.

Company provides two types of support services: Maintenance, Operations, and Support (MOS) and “Genie Hours”.

Maintenance, Operations, and Support (MOS) is defined as the following:
“Genie Hours” Support is defined as the following:
3Di’s Maintenance, Operations & Support (MOS) Program is a comprehensive support program that gives customers maximum flexibility and highest level of support for applications developed by 3Di.  Maintenance
o System Software Updates, Bug Fixes, and Patches
o Coordinate Release Management and Version Control with the customer o Routine system and application log maintenance to ensure system performance and problem resolution
 Operation
o Systems, application monitoring, and customer notification of errors, downtime, security breach, or issues that affect the System
o System and application tuning for optimal performance o System Security Monitoring & Notification (Unauthorized use, intrusion or data compromise) o System Recovery from errors and/or downtime
 Support
o Support Request Management
 Phone Support: M-F (Except Holidays) 0800-1700 hours
 Email Support: 24 hours
o Web/Mobile Accessible Service Ticket Status
o Monthly Status Report for Maintenance, Operations and Support o SLA Based
3Di Housing Help Desk
All Housing Departments have a persistent struggle — the scarcity of resources. Housing Departments often find themselves grappling with a double-edged dilemma. First is locating and training competent staff to support property owners and tenants in navigating software systems. Second, the relentless demand for assistance that these end-users require siphons precious time and effort away from the essential work of managing housing programs. This dual challenge leaves Housing Departments in a conundrum, torn between

fulfilling their support obligations and focusing on the mission-critical tasks that directly impact housing programs.
3Di Housing Help Desk is here to simplify this process.

Service Focus:
 End-User Support: 3Di Housing Help Desk offers comprehensive support to end-users using 3Di Engage-based Housing Solutions. These solutions encompass Housing Registry, Housing Eviction Management, and Housing Rental Inspection.
 End-User Assistance: We act as an extension of your team, ensuring property owners and tenants can make the most of 3Di Engage for Housing solutions. This encompasses tasks such as property registration, handling petitions, and addressing payment-related inquiries.

Distinctive Features:
 Flexibility: Our support is tailored to your needs, whether it's just a few hours each week or round-the- clock assistance.
 Scalability: 3Di Housing Help Desk can be tailored to meet your requirements, which is especially valuable for housing programs with seasonal demand, such as annual registries.  Multi-Channel Access: Customers can reach the 3Di Housing Help Desk conveniently through phone, chat, or email.
 Resolution Escalation Process: Issues are handled via a personalized process to meet the needs of your programs.
 Insightful Reporting: Gain valuable insights into support effectiveness with our reporting and analytics tools.
 Manned Phone Call Support: Monday through Friday, 8 am to 12 pm, Pacific Time. All US national holidays are not available for service.

SUPPORT SLA
Severity Impact Examples Max Response Time
1 – High Unable to perform core
functionality in
production system and
no workarounds exist
System unavailable; users
unable to login
4 business hours
2- Medium Unable to perform core
functionality in
production system but
workarounds available.

Intakes working but
integration with the other
system down due to
network issues.
12 business hours

3 - Low Unable to perform non-
essential functionality in
production system;
maintenance tasks;
enhancement requests
Typographical errors, label
changes, Screen Display
issues, etc.
24 business hours

4 – Planned Modify and existing
feature or add a new
feature
Make Changes to UI,
Change Configuration for
workflow, New report
Depending on scope of work.

With approval of the
customer.
“Genie Hours” Support is defined as the following:
 Flexible Support (Genie Hours) including:
o User Interface (UI) Changes
o Technical support
o Workflow Changes
o Systems integration
o Reports and Analytics support
o System configuration changes (e.g. role management, identity management)  Genie Hours Support is limited to 10 Genie hours/month.  Genie hours may not be rolled over from month to month.

EXHIBIT D
Amazon Web Services Terms and Customer Agreement
Amazon Web Services (AWS) Service Terms: https://aws.amazon.com/service-terms/ Amazon Web Services (AWS) Customer Agreement: https://aws.amazon.com/agreement/

EXHIBIT E
3Di Engage Platform
Tenant Protections Proposal
For Concord, California.
3Di, Inc.
3 Pointe Drive, Suite 307
Brea, CA 92821
www.3disystems.com

Table of Contents
ABOUT 3DI ...........................................................................................................................2 3DI ENGAGE PLATFORM - HOUSING..............................................................................3 Background .............................................................................................................................................................................3 3Di Engage Platform Features .........................................................................................................................................4 3DI ENGAGE PLATFORM DEPLOYMENT METHODOLOGY.........................................5 3DI ENGAGE PLATFORM PRICING..................................................................................7 Optional Services ..................................................................................................................................................................8 Pricing Assumptions.........................................................................................................................................................10 3DI ENGAGE PLATFORM SUPPORT .............................................................................11 Genie Hours............................................................................................................................................................................13 3Di Housing Help Desk (Optional Support) ................................................................................................................13 ●

● About 3Di
3Di is a California-based business that delivers award-winning public-sector solutions to local governments for over 20 years. 3Di's proposal reflects nearly two decades of experience in implementing comprehensive technology solutions for more than 200 clients worldwide in both the public and private sectors. Our goal is to deliver an innovative, complete, and integrated solution to achieve the customers’ goals while minimizing risk, reducing the total cost of ownership, and capitalizing on existing technology investments.

Leveraging nearly two decades of subject matter expertise in delivering customer engagement solutions, 3Di has developed a powerful CRM-based customer engagement platform for delivering government engagement products and solutions called 3Di Engage. 3Di Engage is a platform for the digital transformation of business processes with the highest levels of transparency, efficiency, and accountability. 3Di Engage can scale from a small agency’s needs with limited users and constituents to large and complex agencies with millions of users and constituents.
3Di Engage platform provides government solutions for customer engagement, public safety, and housing. 3Di Engage for Housing delivers comprehensive, fully integrated solutions to issues found in affordable housing, accessible housing, and tenant protections. Focusing on the latter, we can provide you the tools to create to accurate rental unit inventory, enforce livability standards, ensure evictions are conducted for just/good reasons, and stabilize rent burdens.
3Di has successfully delivered housing solutions for numerous local governments, including the City of Los Angeles, the City of San Francisco, the County of Los Angeles, the City of Oakland, the City of Berkeley, the City of Inglewood, the City of Beverly Hills, and the City of Alameda.

Our objective is to cultivate a long-term partnership with our customers by helping them improve business processes for constituent services and customer engagement. We believe that our housing solutions will meet all your requirements and provide a foundation for the future expansion of capabilities for the City of Concord.

● 3Di Engage Platform - Housing
● Background
3Di has been implementing comprehensive government solutions, including mobile applications for public sector customers for over 20 years, starting with the implementation of field inspection and code enforcement mobile application for the Los Angeles Housing Department that won the Harvard Kennedy School of Government award and the Fannie Mae Foundation “Innovations in American Government Award” in Affordable Housing.

Millions of Angelenos daily have more livable housing, and 3Di is honored to have an ongoing active role in assisting their communities.

Using the knowledge gained from our experiences, 3Di has developed a comprehensive approach to the rental housing market and the issues encompassing tenant protections. Whether it is gaining insights from an accurate rental unit inventory, enforcing livability standards, ensuring evictions happen for just/good causes, or stabilizing the rent burdens within a community, a dynamic, cloud-based solution is necessary to empower all stakeholders and foster working partnerships.
3Di Engage for
Housing takes housing departments beyond the traditional concept of a request-based system for managing services. 3Di Engage for Housing is a proven product for meeting the requirements and empowering all the stakeholders, including the landlords, tenants, agency partners, department staff, and government management.

As important as our “well architected” 3Di Engage products, 3Di’s highly experienced delivery team brings a wealth of best practices and vast experience gained from many implementations to enhance your processes and improve efficiency.
● 3Di Engage Platform Features

3Di Engage has been developed based on a vision for comprehensive tenant/landlord/government engagement.

The following are key features of our highly scalable and flexible housing solution:

● Property Inventory Management (Properties, Parcels, Buildings, Units, Rooms) ● GIS Integration
● Customer Relationship Management (CRM) for managing all stakeholder interactions ● Service Request Management (SRM) for managing the full lifecycle of service requests ● Case Management with flexible workflows that can be easily modified ● Web Portal & Mobile Apps for Self Service
● Dashboards, Ad hoc reports, fixed reports, and analytics tools ● Knowledge Base of FAQs, Articles, and Housing Agency programs ● Management Notifications, Alerts
● Cost Recovery with Online payment
● ADA Compliance (WCAG, 508)
● Multi-lingual support
● Capable of Integration with third-party products and custom-developed systems ● Maintenance, Operations, and Support included in the price ● Simple & Fair Pricing (no seat-based licensing cost, no feature-by-features costing, an innovative cost- effective support model)

● 3Di Engage Platform Deployment Methodology
3Di employs a four-phase approach for implementation of products using 3Di Engage. The following diagrams outline the activities and milestones for each phase in a typical implementation.

Phase 1
Kickoff &
Planning
Requirements
&
Configuration
Validation &
Finalization Go-Live
1 2 3 4
Tasks:
- Kickoff (Define Goals, Scope,
Stakeholder expectations)
- Identify teams, roles & responsibilities
for each phase
- Define governance structure and
reporting requirements
Milestones:
- Kick-off Meeting
- Detailed Project Finalized
o Scope
o Timeline
o Resource Allocations
- Governance
Phase 2
Kickoff &
Planning
Requirements
&
Configuration
Validation &
Finalization Go-Live
1 2 3 4
Tasks:
- Requirements Gathering
- Use Cases (Workflows)
- Portal Requirements
- Mobile Requirements (if any)
- Integration Requirements (if any)
- Data Migration Requirements (if any)
- Reports configuration
- Knowledge Base configuration
- Custom Development Requirements (if
any)
- Custom Development (if any)
- Systems Integration
- Solution Configuration & Testing
Milestones:
- Requirement Finalized
o Workflows
o Reports
o Knowledgebase
o Customization
o Integrations
o Data Migration
- Configured System ready for validation
& testing.

Phase 3
Kickoff &
Planning
Requirements
&
Configuration
Validation &
Finalization Go-Live
1 2 3 4
Tasks:
- System Validation
- Functional Use Cases (Workflows)
- ADA Compliance
- Load Testing
- Security Testing
- User Acceptance Testing (UAT)
- User Training
- Go-Live Planning
Milestones:
- System Validation Completed
- User Training Completed
- UAT Signoffs
- Go-Live Plan
Phase 4
Kickoff &
Planning
Requirements
&
Configuration
Validation &
Finalization Go-Live
1 2 3 4
Tasks:
- Go-Live Activities
- Handover to customer
Milestones:
- Go-Live
- Customer Handover Completed
- Support Initiated
o Maintenance (Bug fixes, patches,
minor upgrades to application,
portal, mobile apps)
o Systems Operations (Monitoring for
optimal performance and security,
backups)
o Genie Support

● 3Di Engage Platform Pricing
The following table shows the pricing for the proposed product(s).

Year 1
FY 23/24
Year 2
FY 24/25
Year 3
FY 25/262
Year 4
FY 26/273
Year 5
FY 27/284
Year 6
FY 28/295
Section 1: Services
Implementation Management
Requirements Analysis
Design (includes UX/UI Design)
Build, Configure & Integration
System Testing
Implementation/Deployment
Training
Post-Implementation stabilization
Integration
$40,000

Total Software and Services Costs $40,000
Section 2: Data Migration (Optional)
Data Migration $5,000
Total Data Migration Costs $5,000
Section 3: Software Integrations (Optional)
Software Integration $10,000
Total Integrations Costs $10,000
Section 4: Annual Subscriptions including Ongoing Maintenance, Operation & Support (SaaS) Subscription for Rent Registry $42,000 $44,100 $46,305 $48,620 $51,051 Subscription Addition for Rent
Stabilization $6,000 $6,300 $6,615 $6,946 $7,293
Subscription Addition for Eviction
Management $6,000 $6,300 $6,615 $6,946 $7,293
Subscription for Housing Help Desk $15,600 $16,380 $17,199 $18,059 $18,962 Total SaaS Subscription Costs $69,600 $73,080 $76,734 $80,571 $84,599 TOTAL COSTS $55,000 $69,600 $73,080 $76,734 $80,571 $84,599

● Optional Services
Data Migration
Rent Registry data from the current HDL solution will need to be migrated, Additional parcel information from Contra Costa County tax assessor’s office may also need to be incorporated.

The city will assist and provide the data in a working format along with required technical explanations (data dictionary) from the current vendor.

Integrations
GIS – ESRI (included)
Single Server Sign-On (included)
No other integrations have been identified currently. However, integrations can be added as subsequent work after 3Di Engage has gone live.

Integrations with an undisclosed credit gateway provider and the city’ ERP system for online payments. It is assumed that these 3rd party vendors do have APIs and are willing to work with 3Di to make the integrations possible.

Optional SaaS Services
Enhanced backup or archive TBD (based on service and
consumption level)

Use of PaaS services such as Image
Processing, ESRI GIS, Speech Processing,
Machine Learning, AWS Connect, etc.

TBD (based on service and
consumption level)

Number of Genie Support Hours
10 hours/month Included in base pricing
20 hours/month Base+$1,000/month
30 hours/month Base+$2,000/month

40 hours/month Base+$3,000/month
More than 40 hours/month TBD
Application Development & Systems Integration (if
applicable)
Standard implementation and integration with
ESRI GIS, ADFS, Amazon Connect
Included in base pricing
Additional Custom Application Development (based on effort level estimated for each custom application) – following are indicative rates by function.

Project Manager $150/hour
Business Analyst $125/hour
Technical Lead/Architect $105/hour
Sr. Developer $85/hour
Developer $75/hour
QA Lead $75/hour
QA Engineer $70/hour
Pricing for other material costs
Other (e.g., Travel, Per Diem, Materials) At cost or standard reimbursement rates

● Pricing Assumptions
● Annual payments for subscriptions are preferred, but monthly payments can be accommodated upon request. Subscriptions are billed at the time of contract execution. Implementation costs are billed upon completion of the implementation.
● Subscription service is for up to 20,000 registered rental units. ● 10 Genie hours per month are included. These do not accumulate from month to month. ● 3Di Connect is included as part of Housing Help Desk. ● Other than previously stated, integrations with 3rd party software are possible but not included. If integrations are required, we will need to schedule a meeting with our delivery team to understand the scope.
● The customer will make available necessary resources for requirements gathering, testing, deployment, and training as required by the implementation plan.
● 3Di’s Engage-based solution will provide cloud-based data archival, depending on the customer's purchase option. If the subscription is active, 3Di will continue the storage. The customer will be able to access the data in the system at any time. The customer will have the ability and right to download the data for other storage/usage options.
● Any cost related to sending text message notifications is not included.

Several cooperative purchasing vehicles can be utilized to procure 3Di Engage products. Please let us know if you are interested in exploring any of these options.
 General Services Administration (GSA) contract # GS-35F-291AA  California Piggyback/Cooperative Agreement (Cities of Santa Ana, Alameda, and Berkeley)  State of New York Office of General Services IT Umbrella Contract # PM69687  Amazon Web Services Marketplace
● 3Di Engage Platform Support
3Di Engage support consists of 2 categories: Maintenance, Operations & Support (MOS), and Genie Hours.

The MOS comprehensive support program gives customers maximum flexibility, stability, and dependability while Gene Hours delivers the highest level of 3Di Engage application support.

Maintenance
● System Software Updates, Bug Fixes, and Patches
● Coordinate Release Management and Version Control with the customer ● Routine system and application log maintenance to ensure system performance and problem resolution
Operations
● Systems, application monitoring, and customer notification of errors, downtime, security breach, or issues that affect the System
● System and application tuning for optimal performance ● System Security Monitoring & Notification (Unauthorized use, intrusion or data compromise) ● System Recovery from errors and/or downtime
Support
● Flexible Support (Genie Hours) including
○ User Interface (UI) Changes
○ Technical support
○ Workflow Changes
○ Systems integration
○ Reports and Analytics support
○ System configuration changes (e.g., role management, identity management) ● Support does not include support of end users.
● Support is limited to 10 Genie hours/month.
● Genie hours may not be rolled over from month to month. ● Support Request Management
○ Phone Support: M-F (Except Holidays) 0800-1700 hours
○ Email Support: 24 hours
○ Web/Mobile Accessible Service Ticket Status
○ Monthly Status Report for Maintenance, Operations and Support ○ SLA Based

SUPPORT SLA
Severity Impact Examples Max Response
Time
1 – High Unable to perform core
functionality in
production system and
no workarounds exist
System
unavailable;
users unable to
login
4 business hours
2- Medium Unable to perform core
functionality in
production system but
workarounds available.

Intakes working
but integration
with the other
system down
due to network
issues.
12 business
hours

3 - Low Unable to perform non-
essential functionality
in production system;
maintenance tasks;
enhancement requests
Typographical
errors, label
changes, Screen
Display issues,
etc.
24 business
hours

4 – Planned Modify and existing
feature or add a new
feature
Make Changes
to UI, Change
Configuration for
workflow, New
report
Depending on
scope of work.

With approval of
the customer.
● Genie Hours
We developed the concept of Genie Hours based on our experience that each customer has unique needs with respect to support and it is difficult to predict the type of help or support a customer will require. Genie Hours is a pool of non-accumulating hours available to the customer at the beginning of each month. The Genie Hours may be used to request any reasonable support including new reports, adding, or changing workflows, adding, or changing service requests, training, and minor system enhancement that can be achieved within the allocated pool of genie hours.

● 3Di Housing Help Desk (Optional Support)
All Housing Departments have a persistent struggle — the scarcity of resources. Housing Departments often find themselves grappling with a double-edged dilemma. First is locating and training competent staff to support property owners and tenants in navigating software systems. Second, the relentless demand for assistance that these end-users require siphons precious time and effort away from the essential work of managing housing programs. This dual challenge leaves Housing Departments in a conundrum, torn between fulfilling their support obligations and focusing on the mission-critical tasks that directly impact housing programs.
3Di Housing Help Desk is here to simplify this process.

Service Focus:
 End-User Support: 3Di Housing Help Desk offers comprehensive support to end-users using 3Di Engage-based Housing Solutions. These solutions encompass Housing Registry, Housing Eviction Management, and Housing Rental Inspection.
 End-User Assistance: We act as an extension of your team, ensuring property owners and tenants can make the most of 3Di Engage for Housing solutions. This encompasses tasks such as property registration, handling petitions, and addressing payment-related inquiries.

Distinctive Features:
 Flexibility: Our support is tailored to your needs, whether it's just a few hours each week or round-the- clock assistance.
 Scalability: 3Di Housing Help Desk can be tailored to meet your requirements, which is especially valuable for housing programs with seasonal demand, such as annual registries.  Multi-Channel Access: Customers can reach the 3Di Housing Help Desk conveniently through phone, chat, or email.
 Resolution Escalation Process: Issues are handled via a personalized process to meet the needs of your programs.
 Insightful Reporting: Gain valuable insights into support effectiveness with our reporting and analytics tools.

Benefits:
 Cost-Effective: 3Di Help Desk eliminates the need for costly hiring and training, saving your Housing Department resources.
 Enhanced Focus: Allow your staff to concentrate on critical housing programs while we handle software-related end-user support.

Pricing:
 $15,600 per year. Monday through Friday, 8 am to 12 pm, Pacific Time. All US national holidays are not available for service.

From: Barone, Valerie <[email protected]> Sent: Tuesday, May 7, 2024 12:48 PM
To: Brown, Susanne <[email protected]>; McAuley, Wendy <[email protected]>; Ezell, Justin <[email protected]>; Huckabay, Sophia <[email protected]>; Marstall, Kevin <[email protected]>; Fockler, Joelle <[email protected]>; Ananthan, Stefanie <[email protected]> Subject: FW: Question regarding 5e: Rent Registry and Public Outreach Question

This e-mail is being shared with all Councilmembers

Councilmember Obringer,

Please see Sophia’s response to your question and know that your question and this response will be placed into the public record for this item.

Valerie

Valerie Barone, City Manager (she/her/hers)
City of Concord | Website: www.cityofconcord.org
 (925) 671-3150 |  [email protected]
1950 Parkside Drive, MS/01, Concord, CA 94519

Subscribe to our City News e-newsletter to stay informed about what's happening in your community!

From: Huckabay, Sophia <[email protected]> Sent: Tuesday, May 7, 2024 12:43 PM
To: Barone, Valerie <[email protected]>
Subject: RE: Question regarding 5e

Hi Valerie,

The following steps will be taken to inform property owners of the registration requirements:
• Direct mailers to all property owners in the City informing them of newly effective Ordinance and their requirement to register their units, including how to register, what dollar amount to pay, and the date of the new property owner registration training session to be held during the registration period.
o Details on the property owner registration training will be shared closer to the rent registration period
Benched Correspondence
Agenda Item No. 5.e
May 7, 2024

• General flyer shared with community partners with rent registry information, including registration period, how to register and pay for registered units, and information about the property owner registration training session. Community partners include the California Apartments Association, East Bay Rental Housing Association, and Contra Costa Association of Realtors to name a few.
• Posting the general flyer to the Housing website and in the e-newsletter • Sending the general flyer to the Housing Interested Parties list • Informing property owners as they call about the rent registry training session

Thank You,

Sophia Huckabay (She/Her)
Housing Manager

City of Concord | Website: www.cityofconcord.org
 (925) 671-3387 |  [email protected]
1950 Parkside Drive, MS/10A, Concord, CA 94519

www.cityofconcord.org | www.concordfirst.com

Please take a moment to fill out our customer service survey, click here.

From: Obringer, Carlyn <[email protected]> Sent: Tuesday, May 7, 2024 11:42 AM
To: Barone, Valerie <[email protected]>
Subject: Question regarding 5e

What kind of education and outreach will be done to let property owners, especially those who have never had to complete the rent registry, know about the new requirement and how to complete the registry information for their unit(s)?

Best Regards,
Carlyn

Carlyn Obringer
Vice Mayor
City Councilmember, District 2
City of Concord

Staff Report
Date: May 7, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Justin Bosch, PE, Associate Civil Engineer [email protected]
(925) 671-5008
Subject: Considering the following for the Alberta Way Pavement Rehabilitation (Project No. 2615) located on Alberta Way between Ygnacio Valley Road and Clayton Road:

1. Award of a construction contract in the amount $985,563.75 (Measure V Financing Fund 407 and Measure J 28(a) Fund 485) to MCK Services, Inc., for Alberta Way Pavement
Rehabilitation (Project No. 2615); authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and
authorizing the Mayor to execute the contract in a form acceptable to the City Attorney;

2. Approval of a related budget transfer of $200,000 (Measure V Financing Fund 407) from Residential Pavement Maintenance – Phase D (Project No. 2622) to Alberta Way Pavement
Rehabilitation (Project No. 2615); and

3. Authorizing the City Engineer to accept the improvements upon completion of Alberta Way Pavement Rehabilitation
(Project No. 2615) and directing the City Clerk to file a Notice of Completion.

5.f5.f5.f5.f

City Council Agenda Report
Agenda Item No. 5.f
May 7, 2024
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.

Report in Brief
Alberta Way Pavement Rehabilitation (Project No. 2615) will rehabilitate pavement on Alberta Way from Ygnacio Valley Road to Clayton Road, (see Attachment 1 for a location map).

The project has been designed and competitively bid and is at the point of construction contract award. If award is approved by the City Council (Council), project construction in the field is expected to begin in June 2024 and be completed by September 2024.

Construction of the Alberta Way Pavement Rehabilitation, Project No. 2615 (Project) generally consists of mobilization, traffic control, water pollution control, dig out repairs, Hot Mix Asphalt (HMA) mill and overlay, curb ramp installation, traffic striping and markings, adjustment of utilities, and all other work shown on the Project plans and as specified in the Special Provisions.

Recommended Action

1. Award a construction contract in the amount $985,563.75 (Measure V Financing Fund 407 and Measure J 28(a) Fund 485) to MCK Services, Inc., for Alberta Way Pavement Rehabilitation (Project No. 2615); authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney;

2. Approve a related budget transfer of $200,000 (Measure V Financing Fund 407) from Residential Pavement Maintenance – Phase D (Project No. 2622) to Alberta Way Pavement Rehabilitation (Project No. 2615); and

3. Authorize the City Engineer to accept the improvements upon completion of Alberta Way Pavement Rehabilitation (Project No. 2615) and direct the City Clerk to file a Notice of Completion.

Background
On June 28, 2022, Council adopted the Capital Improvement Program (CIP) Budget for Fiscal Years 2022-23 and 2023-24, which included funding the design of Alberta Way Pavement Rehabilitation (Project No. 2615). Dig outs, asphalt grind and overlays, and other related treatments including curb ramp improvements are scheduled to be performed. The Project was funded for design with $268,000 of Measure V Financing (Fund 407) funds and funded for construction with $940,000 of Measure J 28(a) (Fund 485) funds.

City Council Agenda Report
Agenda Item No. 5.f
May 7, 2024
During design, there was a community workshop that was held on September 7, 2023.

This meeting informed the residents in and around the affected neighborhoods about the treatment types and striping and signage changes. Residents at the meeting expressed concerns about adding a Class II bike lane on Alberta Way since the center- turn lane would be removed to accommodate the bike lane. The residents also reported that traffic backs up during student drop off and pick up at Clayton Valley Charter High School (CVCHS), and they expressed concern that removing the middle turn lane would make traffic even worse by eliminating the ability of drivers to take a left without blocking the through lane. CVCHS’s Chief Operating Officer also requested a striping change on Academy Road to improve traffic flow. The City of Concord’s (City) Transportation Division designed striping and signage improvements that include new stop signs when exiting CVCHS’s main parking lot. This will prevent vehicles from driving straight onto Academy Road helping to prevent accidents with oncoming traffic.

The community workshop comments were taken to the City’s Bicycle Pedestrian Advisory Committee (BPAC) meeting on September 13, 2023, where striping and signage changes were presented to the committee and residents voiced their concerns.

BPAC was supportive of keeping the center-turn lane and using Class III bike lanes (striped with arrow markings to show that bicyclists and vehicles share the lane) instead of Class II bike lanes (striped with a white line separating bicyclists and vehicles into their own respective lane). Including Class III bike lanes on Alberta Way corresponds with the City’s 2016 Bicycle, Pedestrian, and Safe Routes to Transit Plan and addresses the resident feedback received by keeping the center-turn lanes.

Analysis/Procurement Process
Construction Contract
The Project was advertised for construction bids as required by state law and City policy. During the bid period, one addendum was issued. Bids were opened on March 21, 2024, and nine (9) bids were received in amounts ranging from $985,563.75 to $1,354,494.75. The Engineer’s Estimate for the Total Bid is approximately $960,000.

The lowest three (3) bids are shown in the following table.

BID SCHEDULE Total Bid
Engineer’s Estimate $960,000.00
MCK Services, Inc. $985,563.75
S&H Construction Inc. $1,068,600.00
Goodfellow Bros. $1,069,964.00
MCK Services, Inc. (MCK) of Concord, CA was the lowest bidder and submitted a responsive and responsible bid. MCK has an appropriate and valid contractor’s license and has recently worked on other CIP projects for the City of Concord including Citywide Pothole and Base Repair, Project No. 2593 which paved Willow Pass Road and portions of Ygnacio Valley Road.

City Council Agenda Report
Agenda Item No. 5.f
May 7, 2024
City staff (Staff) completed analysis of MCK’s bid, determining that this contractor along with its subcontractors possess appropriate and valid licenses, are not on any debarred lists, and agreed to be bound by the Citywide Project Stabilization Agreement. MCK is registered with the Department of Industrial Relations as required by SB 854.

Financial Impact
The current total budget for the Project is $268,000 in Measure V Financing (Fund 407) and $940,000 in Measure J 28(a) funds (Fund 485) for a total of $1,208,000. The current budget does not have sufficient funds to award the construction contract with a 10% contingency, and cover City Staff time, therefore a budget transfer is required to fully fund these total costs.

Staff recommends a budget transfer in the amount of $200,000 to the Alberta Way Pavement Rehabilitation Project (No. 2615) from Residential Pavement Maintenance – Phase D (Project No. 2622). These are in Measure V Financing (Fund 407) dollars and investing them in this project is appropriate. Residential Pavement Maintenance – Phase D is a fully funded project that will be awarded at the same Council meeting and has funds available to support this transfer without negatively impacting the project.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, and Public Resources Code Section 21065, award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, award of this contract is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and/or 15304 – Minor Alterations to Land, as it involves constructing concrete sidewalk, landscaping, traffic signal equipment, striping, and paving work. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption will be filed with the County Clerk’s office following the Council award of the construction contract.

Public Contact
The City Council Agenda was posted.

Attachments

1. Location Map

2. Bid Sheet

3. Construction Contract

ATTACHMENT 1

Project Location Map
Alberta Way Pavement Rehabilitation
City Project No. 2615
PJ 2615

Project Location Map
Pavement Rehabilitation – Alberta Way

City of Concord
Bid Sheet
PROJECT #2615 Bid Opening:

Alberta Way Pavement Rehabilitation Thursday,
March 21, 2024
2:00 p.m.

City Manager's Conference Room
Engineer’s Estimate: $960,000 To be awarded: $985,563.75

COMPANY TOTAL BID
MCK Services, Inc.

P.O. Box 5697
Concord, CA 94524b
$985,563.75
S&H Construction Inc.
5560 Boscell Common
Fremont, CA 94538
$1,068,600.00
Goodfellow Bros.
50 Contractors St.

Livermore, CA 94551
$1,069,964.00
Ghilotti Bros., Inc.
525 Jacoby Street
San Rafael, CA 94901
$1,105,796.75
McGuire and Hester
2810 Harbor Bay Parkway
Alameda, CA 94502
$1,126,858.00
JV Lucas Paving, Inc.

P.O. Box 2887
Martinez, CA 94553
$1,184,686.75
Bay Cities Paving Grading Inc.
1450 Civic Ct.

Concord, CA 94519
$1,194,000.00
Radius Earthwork Inc.
197 E. Hamilton Ave. Ste. 204
Campbell, CA 95008
$1,266,700.00
Attachment 2

COMPANY TOTAL BID
Gruendl Inc. dba Ray’s Electric
411 Pendelton Way Suite B
Oakland, CA 94621
$1,354,494.75
Contact: Justin Bosch x5008

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CONTRACT
THIS CONTRACT, made and entered into this May 7, 2024, between the CITY OF CONCORD, a general law city in Contra Costa County, California, hereinafter called "City", and MCK Services, Inc., 865 Howe Road, Martinez, CA 94553, hereinafter called "Contractor", for Alberta Way Pavement Rehabilitation, City Project No. 2615.

1. That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two bonds attached hereto, the Contractor agrees with the City, at its his own cost and expense, to do all the work and furnish all the materials, except such as may be furnished by the City, as set forth in the Specifications, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the City the following work: mobilization, traffic control, storm water pollution control, pothole and base repairs, asphalt overlay, adjusting utilities and monuments to grade, striping and signage; and all other work shown on the Plans and such other items or details that are required by the Plans, and specified in the Special Provisions, and also in accordance with all provisions of the 2022 edition of the State Standard Specifications, which said Special Provisions and State Standard Specifications are hereby specially referred to and by such reference made a part hereof.

The work to be done is shown on the Plans provided to Contractor in connection with the work to be performed hereunder, which Plans are hereby made a part of this contract.

2. The Contractor agrees to receive and accept $985,563.75 as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications, and the requirements of the Engineer under them.

3. The City hereby promises and agrees with the Contractor to employ, and does hereby employ, the Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, Attachment 3

2 of 3
in the manner and upon the conditions as provided; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

4. Contractor is an independent contractor and is solely responsible for all acts of its employees, agents, or subcontractors, including any negligent acts or omissions. Contractor is not City’s employee and Contractor shall have no authority, expressed or implied, to act on behalf of the City as an agent, or to bind the City to any obligation whatsoever, unless the City provides prior written authorization to Contractor.

5. The Contract Documents may not be modified orally or in any manner other than by an agreement of the parties, in writing.

6. The Contract Documents, including but not limited to SP 9.09, are intended to provide the exclusive procedures for submission and resolution of Claims of any amount and apply in addition to the provisions of Public Contract Code § 9204 and §§ 20104 et seq., which are incorporated by reference herein.

7. If any term of the Contract Documents (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Contract Documents shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this section shall not apply to the extent that enforcement of the Contract Documents without the term would be grossly inequitable under all the circumstances or would frustrate the purposes of the Contract Documents.

8. Time is of the essence to the terms of this contract.

3 of 3
NOTICE TO CONTRACTOR: If a corporation, attach a certified copy of the Bylaws or the Resolution of the Board of Directors authorizing execution of this contract and the bonds required hereby.

IN WITNESS WHEREOF, the parties to these presents have executed this contract the year and date first above written.

MCK Services, Inc.
a California corporation
By:___________________________________
Contractor

CITY OF CONCORD,
a municipal corporation
By:___________________________________
Mayor
Email:_________________________________
APPROVED AS TO FORM:

By:__________________________________
City Attorney
ATTEST:

By:__________________________________
City Clerk

FINANCE DIRECTOR FUND CERTIFICATION

GL CODE ACCOUNT CODE AMOUNT
407-9500-C999-74200 407-2615-115-74200 $45,563.75
485-9500-C999-74200 485-2615-115-74200 $940,000.00
I hereby certify that adequate funds exist or will be received during the 2023-24 Fiscal Year to pay for the anticipated expenses to be incurred pursuant to this contract.

Director of Finance

Staff Report
Date: May 7, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Deyuanne Lei, PE, Associate Civil Engineer [email protected]
(925) 671-3049
Subject: Considering approval of a temporary budget transfer in the amount of $297,000 to the Concord Community Park Solar
Array Repairs Project (Project No. 2718), located at the Concord Community Park, from Police Department
Headquarters Exterior Painting (Project No. 2655), and
associated appropriation of such funds to Project 2718
(Funded by Measure V, Fund 407).

CEQA: Not a Project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15282, 15378, 15301, 15302, 15303, 15304, and Public Resources Code (PRC) Sections
21065, and/or PRC Section 21080.19.

Report in Brief
The Concord Community Park Solar Array Repairs Project (Project No. 2718) will include repair of a damaged section of the solar arrays located in the parking lot. The solar arrays were damaged by the city’s contractor, West Coast Arborists, Inc., in January 2023, and staff is working to recover costs associated with this repair.

The project is anticipated to be designed in Spring 2024 and be competitively bid in Summer 2024. Project construction in the field is expected to begin in Fall 2024 and be completed by end of 2024.

5.g5.g

City Council Agenda Report
Agenda Item No. 5.g
May 7, 2024
The transfer of funds is temporary to allow the construction contract to be awarded.

Assuming recovery of repair costs, the transferred funds will be returned to their original accounts.

Recommended Action
Approve a temporary budget transfer in the amount of $297,000 to the Concord Community Park Solar Array Repairs Project (Project No. 2718), located at the Concord Community Park, from Police Department Headquarters Exterior Painting (Project No. 2655), and associated appropriation of such funds to Project 2718 (Funded by Measure V, Fund 407).

Background
On January 28, 2023, the City of Concord’s (City) contractor, West Coast Arborists, Inc., accidently drove through and damaged a section of the solar arrays in the Concord Community Park’s parking lot.

On January 31, 2023, the City authorized Engie Services U.S. Inc. (Engie) who was the original solar contractor on the project to cordon off the solar electrical system and fence off the broken materials. The initial repair cost estimate by Engie came in at $110,412.90.

Analysis
Since the preliminary repair cost estimates have surpassed Purchasing and Public Project cost thresholds, the Concord Community Park Solar Array Repairs Project (Project No. 2718) will need to be put out to a formal bid process; the total budget needed for design services, construction management services, City Staff time, cost recovery, administrative costs, bidding, construction and contingencies of the project is estimated at $297,000.

If City Council approves, Project No. 2718 is anticipated to be designed in Spring 2024 and bid in Summer 2024, with construction starting in Fall 2024 and completed by end of 2024.

City staff recommends a temporary budget transfer to the Concord Community Park Solar Array Repairs Project (Project No. 2718) in order to move forward with design and bidding of the project in anticipation for construction to be completed by end of 2024.

Staff have undertaken efforts to recover costs associated with this repair from the responsible party.

Financial Impact
The funds will be coming from a budget transfer in the amount of $297,000 from Police Department Headquarters Exterior Painting (Project No. 2655) (Measure V, Fund 407).

The funds from Project No. 2655 are not expected to be needed within the next two years for the Police Department Headquarters Exterior Painting Project.

City Council Agenda Report
Agenda Item No. 5.g
May 7, 2024
Staff have undertaken efforts to secure reimbursement of the funds that have been transferred from Project No. 2655. With this funding transfer and associated fund appropriation, Concord Community Park Solar Array Repairs Project (Project No. 2718) will be fully funded for design, bidding, and construction of the project allowing the project to move forward.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15282, 15378, Public Resources Code (PRC) Sections 21065, and/or PRC Section 21080.19 award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, award of this contract is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and/or 15304 – Minor Alterations to Land, as it involves constructing concrete sidewalk, landscaping, traffic signal equipment, striping, and paving work. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption will be filed with the County Clerk’s office following the Council award of the construction contract.

Public Contact
The City Council Agenda was posted.

Attachment

1. Location Map

ATTACHMENT 1

Project Location Map
Concord Community Park Solar Array Repairs Project
3501 Cowell Rd, Concord, CA 94518
City Project No. 2718
Project Location

Staff Report
Date: May 7, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Karan Reid, Director of Finance
Prepared by: Donna Lee, Budget and Treasury Officer
[email protected]
(925) 671-3261
Subject: Considering introduction of an uncodified ordinance amending Exhibit A to Resolution No. 78-6042 (establishing fees and charges for various municipal services and programs in the City of Concord) by reading of the title only and waiving further reading.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c), 15061(b), 15262, 15273, 15306, and/or 15378.

Report in Brief
Policy & Procedure No. 170 requires that certain fees and charges for City services be adjusted based on changes in labor costs. In addition to the fees that are adjusted based on changes in labor costs, staff is recommending fee adjustments in Finance, Recreation Services, Community Development, Public Works, and Police to more fully recover costs based on recent cost of service analyses and market surveys. These fees will go into effect on July 1, 2024 and July 7, 2024. The proposed fee changes are discussed in detail in the body of this report.

Recommended Action
Introduce an uncodified ordinance amending Exhibit A to Resolution No. 78-6042 (establishing fees and charges for various municipal services and programs in the City of Concord) by reading of the title only and waiving further reading (Attachment 1).

6.a6.a6.a6.a6.a6.a6.a6.a

City Council Agenda Report
Agenda Item No. 6.a
May 7, 2024
Background
User fees and charges are collected to recover some or all costs incurred to provide a specific service from which one or more individuals obtain a benefit. Each year, the Concord City Council considers adjustments to fees through the adoption of a fees and charges resolution.

In support of the Council’s priority focus area on long-term financial stability, Council adopted Policy & Procedure No. 170, which sets cost recovery goals and established policy guidelines for setting and updating user fees and charges. Staff hourly rates are determined each year by using the current average cost for each position, which includes general wage adjustments effective in FY 2024-25. Therefore, fees that reflect hourly staff costs are proposed to be increased in this fee schedule, as required by Policy & Procedure No. 170, to avoid requiring the General Fund to subsidize projects that benefit the individual.

The Policy also states that a comprehensive analysis of City costs and fees should be conducted at least every five years. The last comprehensive analysis was done in FY 2014-15; updating the Cost Allocation Plan and performing a comprehensive Fee Study has been delayed due to other high priority projects in recent years. Staff plan to begin work in the next two years on updating the Cost Allocation Plan and related Fee Study.

In the interim, to avoid abrupt and significant increases of future fees, fees continue to be adjusted by annual changes in labor costs as approved by the City Council, with the exception of Special Events Fees, which shall be adjusted by 3% per annum1. Per policy, the annual adjustments are intended to allow the fees and charges to keep pace with costs of service delivery and to avoid large increases to fees in any given year.

Analysis
In accordance with Policy & Procedure No. 170, staff proposes establishing fee adjustments for FY 2024-25 to reflect the wage adjustments received by certain staff.

As part of the fee review process, staff analyzed the costs to provide the various services in the Fee Schedule and are recommending adjustments consistent with the costs of providing those services. The Fee Schedule is reviewed and adjusted annually by the Council to keep pace with costs and avoid major increases in costs of services.

Other Fee Adjustments. In addition to fees that are proposed to increase based on changes in labor costs described above, below is a list of the most significant other proposed adjustment to the Fees and Charges Schedule. The proposed changes conform to the City’s Policy & Procedure No. 170: User Fees and Charges Recovery (Attachment 2). A detailed listing of the current fees and proposed changes are listed in Exhibit A Establishing Fees and Charges for Various Municipal Services and 1 Policy & Procedure 170 was amended to adjust Special Events staff fees by 3% per year to ensure regular, modest adjustments to the fees each year, creating predictability and avoiding cost spikes for special event applicants.

City Council Agenda Report
Agenda Item No. 6.a
May 7, 2024
Programs in the City of Concord (Attachment 1).

I. Finance
a. Business, Professions, and Trades Fees
Staff recommends increasing the Business, Professions, and Trades Fees to more accurately capture staff time spent on processing these licenses and permits. This fee is increasing based on the increase in labor costs.

Business, Professions, and Trades Fees (Page 7, Schedule B, various line items)
II. Recreation Services
Fees charged for recreation programs, services, and facilities are periodically evaluated based on several criteria including historical demand and participation levels, costs to deliver and maintain service levels, and comparative pricing models in neighboring communities. Revenue generated through fees for services is critical to preserving the ability to continue providing programs, especially as costs of doing business such as labor rates and equipment/supplies increase. The Recreation Services Department realizes that customers must take affordability and other choices into account when accessing programs. a. Aquatics
Consistent with past years, Recreation Services is recommending a modest, incremental increase to Aquatics fees due to annual increases in minimum wage and other costs associated with providing programs and operating the community’s Olympic size pool facility.
b. Athletic Fields & Courts
Electricity prices are projected to increase in both 2024 and 2025 by at least 3%. Recreation Services is recommending an increase to the light usage fee for Willow Pass Park field rentals by 3% per hour. c. Diablo Creek Golf Course – Enterprise Fund
The Recreation Services Department collaborates with three operational partners at the City’s full service, 18-hole course to deliver a high-quality municipal golf experience. The golf market in California continues to see considerable demand compared to prior to the pandemic and the remainder of 2024 is projected to remain solid in terms of participation levels. A recently performed green fee analysis of municipal golf courses located in neighboring communities resulted in an opportunity to strategically propose moderate increases to selected green fee categories. The recommended rate increases will still position Diablo

City Council Agenda Report
Agenda Item No. 6.a
May 7, 2024
Creek Golf Course as a value-oriented experience when compared to the closest community golf course options while assisting the recreation asset to remain financially sustainable as a stand-alone enterprise. d. Facility and Picnic Rentals
The City of Concord offers facility rental opportunities at all three community centers and in selected parks with picnic sites. As part of the annual evaluation process for facility rentals, fee studies were completed, comparing fees of similar facilities in neighboring communities. No increase in facility rental rates is recommended; however, clarifications to pricing terms have been noted.
e. Preschool Programs
As part of the annual program evaluation process, fee studies were completed at the beginning of 2024, comparing fees of similar programs in the area. The proposed fees keep Concord’s Preschool program competitively priced in the marketplace while remaining an affordable option for Concord residents and other customers, and do not exceed the City’s cost of providing that service.

Recreation Services Fees (Pages 8-11, Schedule C, various line items) III. Community Development
Planning Division
a. New Use
Changed “New Use” fee to match “Change of Use/Tenant”, which have comparable processing times, to better reflect the actual costs. Total processing time for the Planning Division is approximately 1.25 hours at an hourly rate of $220.
b. Minor and Major Subdivisions
Updated the fee to better reflect the amount of work to process an amendment for both minor and major subdivisions.
c. Vacation of Property
Reduced the fee to reflect that the Planning Division takes a support role while the Engineering Division takes the lead in processing these applications. The fixed fee of $1,100 covers approximately five hours of time for the Planning Division to review and assist the processing of the application.

City Council Agenda Report
Agenda Item No. 6.a
May 7, 2024
d. Continuance by Applicant
Deleted this fee since the work associated with a continuance is captured by Planning staff’s hourly rate and will be deducted from the deposit associated with the project.

Combined the minor and major as having the distinction proved not to be useful.
e. Master Sign Program (DRB & PC Review)
Updated the amount of the deposit for Master Sign Programs that require review by both the Design Review Board and the Planning Commission to reflect actual time and costs associated with processing these application types.
f. Staff Interpretation
Adding this fee will be more accurate when a request for a code interpretation is received rather than relying on the general Planning Services fee.

Engineering Division
g. Sewer Capacity (Connection) Fees
The current sewer capacity fee, previously known as the sewer connection fee, was last revised on June 6, 2023. This update was based on the methodology outlined in the Sewer Capacity Fee Study conducted by Bartle Wells Associates (BWA) on May 2, 2023 and accepted and adopted by Council on May 16, 2023. According to this study, it was recommended to increase the capacity fees by 19.3% over a two-year period beginning in FY 2023-24. This increase is being implemented gradually: 9.65% in FY 2023-24 and another 9.65% in FY 2024-25. Per Resolution 23-43 that was adopted by Council on May 16, 2023, beginning July 1, 2024, and each July 1 thereafter, capacity fees will also increase automatically according to inflation, specifically the Engineering News-Record Construction Cost Index (CCI) for the San Francisco Region. The CCI for this region rose by

3.6% from December 2022 to December 2023. The 3.6% has been included in the increase to sewer capacity fees for FY 2024-25 in accordance with Resolution 23-43 (Attachment 5).

Permit Center Fees (Pages 12-18, Schedule D, various line items) IV. Public Works
a. Tree Removal Permit
Revised the existing general Tree Removal fee to expand to four separate

City Council Agenda Report
Agenda Item No. 6.a
May 7, 2024
permit types, by adding, “Emergency Tree Removal.” The existing Tree Removal Permit deposits are based on hourly costs and include review of property owners’ applications, tree survey plans, arborist reports, and other documents. This reduced deposit amount of $250.00 reflects the reduced amount of time that staff expect to spend while reviewing a tree removal permit related to emergency removal of a failed or actively failing tree.

Permit Center Fees (Page 17, Schedule D, 43.2.4)
b. Annual Sewer Service Charge
The Annual Sewer Service Charges are increasing at a rate which was set by Resolution No. 23-6042.2 and adopted by the City Council of the City of Concord on June 6, 2023.

Annual Sewer Charge Fees (Page 29, Table T4, various line items) c. Sanitation and Refuse Fees
Solid waste rates charged to residents are determined and imposed by Mt.

Diablo Resource Recovery (MDRR) according to a formula set forth in the franchise agreement with MDRR. The rates include the base rate, which was approved in March 2022, and the Refuse Rate Index (RRI) which is allowable annually per a formula set by the franchise agreement. The

4.61% base rate was previously approved by City Council March 2022 and the 5.53% RRI is allowable per the franchise agreement. R3 Consulting Group reviewed and validated the mathematical accuracy and the correct use of indices in the analysis of MDRR’s RRI calculation. Any updated rate would be effective July 1, 2024. The specific rate increases are included on Page 20 of Exhibit A to Attachment 1.

Attachment 4 is the solid waste rates comparison of the 19 Contra Costa County cities. The chart compares surrounding jurisdictions residential solid waste rates by solid waste container sizes of 32 gallon, 64 gallon, and 96 gallon. City of Concord rates are comparable or lower than the regional average depending on container size.

Sanitation and Refuse Fees (Page 39, Schedule F, various line items) V. Police
a. Concealed Weapons Permits - City Processing Fee
Staff recommends increasing the City Processing Fee for the issuing of concealed weapons permits to achieve cost recovery for background investigations. As of January 1, 2024, the State mandated background

City Council Agenda Report
Agenda Item No. 6.a
May 7, 2024
investigation process requires investigators to interview three references, conduct a search of local databases/social media websites, and interview the applicant. These additional steps increase the costs of vetting permit applicants and allow the City to enhance public safety by ensuring that only qualified individuals are granted permits to carry concealed weapons.

These background investigations are conducted on an overtime basis by several detectives and may take up to 4 - 5 hours per case. The average overtime hourly rate for the detectives range from $112 to $149 per hour.

An increase in the processing fee will contribute to covering the costs associated with these expanded investigative measures.

Police Fees (Page 32, Schedule E 10.2.1)
b. Police Reports
The Police department proposes increasing the report fees from $4 to $10 in order to offset the cost of personnel time for generating the report in the DORS 9Cop Logic software system. We generate an estimate of 3,000 police reports annually and it takes up to 30 minutes of staff time for each report. Hence, a Records staff at an average hourly rate of $34 would cost $17 per report. In addition, after conducting a market survey which included the City of Walnut Creek Police Department, The Contra Costa Sheriff‘s Office and the Pleasant Hill Police Department, the proposed increased report fee aligns with what other agencies are charging and is what the market rate survey supports. Based on the above, the increase in report fees will help offset the costs associated with generating these reports and will not exceed the City’s cost of providing that service.

Police Fees (Page 33, Schedule E 14.1)
c. Rotation Towing Services
Staff recommends increasing various tow fees to obtain partial cost recovery for Parking Services and to fairly compensate the tow companies for the services they provide. A comparative study of tow fees in neighboring cities revealed that the City of Concord’s current tow fees are significantly lower than those of surrounding jurisdictions. For instance, the City’s current Vehicle Release fee of $50 is notably lower than that of neighboring cities such as Clayton ($194) and Antioch ($209), as well as other cities within the County, which range from $110 to $257.50. Some of the tow fees may also be deemed as penalty fees for failure to comply with parking or other laws. The proposed increase will enhance the sustainability and effectiveness of its towing operations while ensuring that all stakeholders are appropriately compensated for their contributions to the towing process.

City Council Agenda Report
Agenda Item No. 6.a
May 7, 2024
Police Fees (Page 33-34, Schedule E 18.1.6, 18.2.1, 18.2.2, 18.2.3,

18.2.3.1, 18.2.6, 18.2.7, 18.2.8, 18.4)
Financial Impact
Policy & Procedure No. 170 requires the annual updating of the City’s fees and charges.

The recommended fee update listed in Exhibit A to Attachment 1 could recover an additional $160,000 in FY 2024-25, which is offset by the costs of providing these fee services. The anticipated revenues are reflected in the adopted budget for FY 2024-25.

Budget Adjustment or Transfer Required
No budget adjustment is required. The anticipated revenues related to the proposed Fee Schedule update have been included in the adopted budget for FY 2024- 25.

Environmental Determination
None of the activities addressed herein constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c)(2), 15060(c)(3), 15273, and/or 15378 because none of the activities has the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; even if any activity was a project under CEQA, each is exempt under 14 Cal. Code Regs. Sections 15061(b)(2), 15061(b)(3), 15273, and/or 15378(b)(4).

Public Contact
The City Council Agenda was posted. Notice of this hearing was published in the East Bay Times, as required by State Law and the Concord Municipal Code. Parties who have expressed an interest in this topic were notified as well as current contractors doing business with the City, the California Building Industry Association, Building Industry Association of the Bay Area, NARI (National Association of the Remodeling Industry) of Diablo Valley, and the Concord Chamber of Commerce.

Attachments

1. Uncodified ordinance amending Exhibit A to Resolution No. 78-6042 (establishing fees and charges for various municipal services and programs in the City of Concord)
Exhibit A: Amendments to Fees and Charges for Various Municipal Services and Programs

2. Policy & Procedure No. 170

3. Report on Review of MDRR Refuse Rate Index (RRI) Rate Adjustment Request by R3 Consulting

4. Solid Waste Rate Comparison

5. Resolution No. 23-43: A Resolution Amending Sewer Capacity (Connection) Fees

Ord. No. 24-XX 1
ORDINANCE NO. 24-XX

AN UNCODIFIED ORDINANCE AMENDING EXHIBIT A TO
RESOLUTION NO. 78-6042 (ESTABLISHING FEES AND CHARGES FOR

VARIOUS MUNICIPAL SERVICES IN THE CITY OF CONCORD)
WHEREAS, the City has the authority to impose fees, charges, and rates to offset the costs for municipal services and regulatory programs under its police powers under California Constitution Article XI Section 7; and
WHEREAS, the City Council provides a variety of municipal services and regulatory programs; and
WHEREAS, the City Council adopted Resolution No. 78-6042 on October 9, 1978, in order to adopt, modify, or amend the City’s various municipal fees and charges (“Fees and Charges”) and establish a consolidated schedule thereof (“Fees and Charges Schedule”); and WHEREAS, the City Council has, through prior actions, amended Resolution No. 78-6042 in order to adopt, modify, or delete certain Fees and Charges; and WHEREAS, the City Council, at its meeting of February 27, 2024, received a report from the Director of Finance demonstrating that the Residential Rent Registry fees for administering the Rent Registry program do not exceed the City’s costs of administering the Registry Program; and WHEREAS, it is the general policy of the City to charge for the full costs of services provided by City Staff when such services benefit individual users rather than members of the community as a whole; and
WHEREAS, to better achieve the City’s cost recovery goals, the City Council deems it advisable and in the best interests of the City to adopt, modify, delete, and update certain Fees and Charges, included in the City’s Fees and Charges Schedule via amendments to Exhibit “A” to Resolution No. 78-6042; and
WHEREAS, the Director of Finance has recommended that the City Council approve those amendments set forth in Exhibit “A” to this Ordinance; and WHEREAS, the proposed modifications to the Fees and Charges, contained in Exhibit “A,” comply with Article XIII-C of the California Constitution because they are either (1) charges imposed Attachment 1

Ord. No. 24-XX 2
for a specific government service or product that are not imposed on those not receiving the service or product and do not exceed the City’s reasonable costs of providing the service or product; (2) charges imposed for the reasonable regulatory costs to the City for issuing licenses and permits, performing investigations, inspections, and audits, and administrative enforcement and adjudication thereof; or (3) charges imposed for entrance to or use of local government property, or the purchase, rental, or lease of local government property; and
WHEREAS, if enacted, the Taxpayer Protection and Government Accountability Act (“Act”) will require all fees and charges, adopted after January 1, 2022, to be adopted by the City Council by ordinance approved by a two-thirds vote; and
WHEREAS, the City Council may adopt any fee or charge by ordinance if it is permitted to adopt the fee or charge by resolution; and
WHEREAS, the City Council desires to comply with the Act to ensure that the Fees and Charges will remain valid in the event the Act is adopted; and WHEREAS, the Fees and Charges are “exempt charges,” within the meaning of the Act because they are (1) reasonable charges for specific local government services or products provided directly to the payor that are not provided to those not charged, and they do not exceed the actual costs to the local government of providing the service or product; (2) charges for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, or the administrative enforcement and adjudication thereof; or (3) reasonable charges for entrance to or use of local government property, or the purchase, rental, or lease of local government property; and WHEREAS, Government Code Section 66016 applies to the adoption or increase of fees for zoning variances, zoning changes, use permits, building inspections, building permits, filing and processing applications and petitions filed with the LAFCO, the processing of subdivision maps, and planning services; and
WHEREAS, Government Code Section 66018 applies to the adoption or increase of fees to which a specific statutory notice requirement does not apply; and WHEREAS, pursuant to Government Code Sections 66016 and 66018 the enactment or

Ord. No. 24-XX 3
increase in any fees to be charged for services must be adopted by the City Council by ordinance or resolution, after providing notice and holding a public hearing; and WHEREAS, by adopting this Ordinance, the City does not intend to impose any rates, fees, or charges on solid waste customers pursuant to Articles XIII C or D of the California Constitution.

However, to the extent that the adoption of this Ordinance results in the City’s imposition of any fees, rates, or charges for services or facilities in connection with a solid waste system, those solid waste charges, including any charges retained by the City, are adopted pursuant to California Health and Safety Code section 5471; and
WHEREAS, pursuant to Government Code Section 66016, the data required to be made available to the public prior to increasing the amount of the fees by this Ordinance was made available for public review at least ten (10) days prior to the date of this meeting; and WHEREAS, notice of a public hearing on the Fees and Charges was published in accordance with Government Code Sections 66018 and 6062a; and
WHEREAS, pursuant to Government Code Sections 66016 and 66017, fees imposed on a development project that apply to the filing, accepting, reviewing, approving, or issuing of an application, permit, or entitlement to use shall not take effect until at least sixty (60) days have passed since the final action on the adoption or increase of the fee; and WHEREAS, the City Council held a public hearing on May 7, 2024, at which time any and all members of the public were afforded an opportunity to address the City Council regarding this matter; and
WHEREAS, at such public hearing, the City Council reviewed, considered, evaluated, and deliberated on all oral and written information, testimony, and comments received during the public review process, including oral and written staff reports, materials, documents, exhibits, reports, studies, memoranda, testimony, and community input received at such public hearing, the City of Concord Municipal Code, applicable City laws and regulations, and all other information that constitutes the record of proceedings upon which the City Council has based its decision and which are maintained at the offices of the City Clerk, 1950 Parkside Drive, MS/3 Concord, CA 94519 (collectively, “Ordinance Information”) .

Ord. No. 24-XX 4

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

Section 1. Recitals. The City Council finds that the above recitals (which are hereby incorporated by reference) are accurate and constitute findings in this matter and, together with the Ordinance Information, serve as an adequate and appropriate evidentiary basis for the findings and actions set forth in this Ordinance and further makes the following findings:

Section 2. CEQA. Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), the updates to the City’s Fees and Charges Schedule do not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 2 15060(c)(2), 15060(c)(3), 15273, and/or 15378 because the fiscal activities do not involve a commitment to a specific project, it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. In addition, the amendments are categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that the updates to the City’s Fees and Charges Schedule may have a significant effect on the environment, and no further environmental review is required. No unusual circumstances are present. This determination reflects the City’s independent judgment and analysis.

Section 3. Ordinance Information. The City Council has reviewed, considered, evaluated, and deliberated on all of the Ordinance Information prior to acting on the Ordinance. The Ordinance Information is located in and may be obtained from the City of Concord Clerk’s Office, 1950 Parkside Drive, Concord, CA 94519.

Section 4. Amendment; Annual Automatic Adjustment.

Exhibit “A” to resolution No. 78-
6042 is hereby amended as set forth in Exhibit “A” of this Resolution. Only the highlighted Fees and Charges, or Fees and Charges shown in redline, are being altered, amended, or increased. All other Fees and Charges set forth in Exhibit “A” will remain in effect as originally adopted. The Fees and Charges, set forth in Exhibit “A,” may be revised, amended, or updated from time to time by resolution or ordinance of the City Council. Commencing on July 1, 2025, and on July 1 of each fiscal

Ord. No. 24-XX 5
year thereafter, the Fees and Charges will be adjusted at a rate equivalent to the annual change in City of Concord labor costs as approved by the City Council, with the exception of Special Event Fees, which shall be adjusted by 3% per annum. Notwithstanding the foregoing, in no event shall the annual administrative revisions described in this Section 4 apply to any fees and charges established by other agencies or as otherwise may be prohibited by applicable law.

Section 5. Conflicts. If there are conflicts between the Fees and Charges adopted in this Ordinance and the Fees and Charges adopted by any prior resolution or schedule with the Fees and Charges Schedule, the Fees and Charges adopted pursuant to this Ordinance shall control. This Ordinance does not supersede any previous resolution or ordinance setting fees that are not included in Exhibit “A” to this Ordinance.

Section 6. Severability. If any action, subsection, sentence, clause or phrase of this Ordinance or the Fees and Charges levied by this Ordinance shall be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this Ordinance or the Fees and Charges levied by this Ordinance that can be given effect without the invalid provisions.

Section 7. Publication and Effective Date. This Ordinance shall take effect thirty (30) days following passage and adoption; provided, however, that pursuant to Government Code Section 66017, the Fees and Charges adopted in this Ordinance, which apply to development projects, shall go into effect sixty (60) days following passage and adoption and all other Fees and Charges adopted in this Ordinance shall go into effect on July 1, 2024. Once effective, the Fees and Charges shall be incorporated into the City’s Fees and Charges Schedule. In the event a summary of said Ordinance is published in lieu of the entire Ordinance, a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to its adoption and within fifteen (15) days after its adoption, including the vote of the Council members. Additionally, a summary prepared by the City Attorney’s Office shall be published once at least five (5) days prior to the date of adoption of this Ordinance and once within fifteen (15) days after its passage and adoption, including the vote of the Councilmembers, in the East Bay Times, a newspaper of general circulation in the City of Concord.

Ord. No. 24-XX 6
__________________________________
Edi E. Birsan
Mayor
ATTEST:

Joelle Fockler, MMC
City Clerk
(Seal)
Ordinance No. 24-XX was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on May 7, 2024, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council held on, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance duly and regularly introduced, passed, and adopted by the City Council of the City of Concord, California.

Joelle Fockler, MMC
City Clerk
Attachment: Exhibit A - Amendments to Fees and Charges for Various Municipal Services

Exhibit A. Resolution 78‑6042
Fees and Charges for Various Municipal Services
A. Administrative Fees
Date of Last Adoption: 2-27-24
Res. No: 24-6042.3
Num Description Current Fee Deposit
Proposed
Changes
Effective
7/1/24
Date last
updated
A.   Administrative Fees

1.    Appeals to City Council 7/1/2016

1.1.    Appeals requiring public notice (CMC 2.05.040) 138.00 7/1/2019 Plus Public Notification fee

1.2.    Appeals where public notice is not required (CMC 2.05.050) 138.00 7/1/2019

2.    City Employee Services 7/1/2016

2.1.    Hourly rates charged for special services requested that are provided by City employees. These hourly rates will also be used to calculate compliance with the California Uniform Public Construction Cost Accounting Act. Table 1 7/1/2016

2.2.    These hourly rates are used to calculate billable hourly rates. Billable hourly rates are defined to be the sum of the Productive Hourly rate plus the citywide indirect cost rate. Table 1 7/1/2016

3.    City Employee Services – Special Events Blended Rates (P&P No. 143)

3.1.    Public Works – Maintenance 112.00 115.00 7/1/2023

3.2.    Public Works – Maintenance – Limited Services 28.00 29.00 7/1/2023

3.3.    Police Officer 179.00 184.00 7/1/2023

3.4.    Police Reserves (pass through) as quoted by Police Department Actual Costs 1/1/2017

3.5.    Materials and Equipment at cost Actual Costs . 1/1/2017

3.6 A Discount of 20% provided to City of Concord residents and businesses (not applicable to Police Reserves and Materials and Equipment)

3.7 Deposit of 25% required at least two weeks prior to Event Actual Costs 1/1/2017

4.    City Franchise and Telecommunication Agreement Fees Hourly rates charged for staff time devoted to work on City franchise and telecommunication agreements. See A.2 7/1/2012

4.1.    Deposit for small projects (replenish as needed) 5,000.00 7/1/2009

4.2.    Deposit for large projects (replenish as needed) 10,000.00 7/1/2009

5.    Copies including Public Records/Information 7/1/2016

5.1.    Photo copy– page size not to exceed 11”x17” 4/28/1986

5.1.1. Each page 0.10 2/2/1999

5.2.    Print from microfilm (each print) 3.00 7/1/2014

5.3.    Print copy– oversized page exceeding 11”x17” such as maps, drawings, plans, etc.

5.3.1.   Cost of production Actual Costs .

5.3.2.   Or
Actual cost 7/1/2016

5.4.    Extract of document and certification (each page) 21.00 7/1/2018

5.5.    Certifying documents, Live Certificates (each document) 34.00 7/1/2019

5.6.    Budget (Vol. I and II), Capital Improvement Program, and Annual Financial Report (per copy) 100.00 7/1/2019

5.7.    Business License Listings

5.7.1.   Staff provided Electronic copy of business license list 52.00 7/1/2019

5.7.2.   Business license list copied to CD 59.00 7/1/2019

6.    Housing Rehabilitation Loan Fees

6.1.    Loan Origination Fee 103.00 7/1/2019

6.2.    Plus other loan administrative costs. This includes but is not limited to title, lien, registration appraisal, inspections and other loan processing costs Actual Costs . 7/1/2007

7.    Inspection/Abatement Warrants

7.1.    Fee charged per warrant 465.00 7/1/2019

8.    Mobile home Rent Review Fees
1 Exhibit A to Attachment 1

Exhibit A. Resolution 78‑6042
Fees and Charges for Various Municipal Services
A. Administrative Fees
Date of Last Adoption: 2-27-24
Res. No: 24-6042.3
Num Description Current Fee Deposit
Proposed
Changes
Effective
7/1/24
Date last
updated

8.1.    For appeals and petitions regarding rent increases in Concord Mobile home Parks Actual Costs . 7/1/2008

9.    Notice of Intent to Circulate Municipal Initiative Petition

9.1.    Fee due when petition filed (CA Elections Code 9202) 200.00 7/1/2008

10.   Past Due Receivables

10.1.   A late charge for past due receivables per year 10% 7/1/2023

10.2 Cost of collections efforts Actual Costs 7/1/2019

11.   Postage and Handling 7/1/2016

11.1.   Minimum charge Actual costs . 7/1/2016
Plus postage (actual cost) 7/1/2004

12.   Rental of Television Facilities (City Council Chamber)

12.1.   For activities not related to the City of Concord

12.1.1.  First hour 203.00 7/1/2019

12.1.2.  Each additional hour or fraction thereof 100.00 7/1/2019

13.   Returned Checks

13.1.   First Returned Check 25.00 7/1/2004

13.2.   Subsequent Returned Checks 35.00 7/1/2004

14.   Resident Permit Parking (previously referred to as Special Parking Permit)

14.1.   Per Year 20.00 7/1/2023

15.   Subordination Agreement to Facilitate Refinance

15.1.   Per refinance 225.00 7/1/2013

16.   Subpoena and Summons 7/1/2016
Refer to Administrative Directive No. 25 for procedures for accepting and responding to subpoenas and summons. Per State law (Evidence Code Section 1563), all reasonable costs for research and production of City records shall be charged to the party serving the subpoena, as follows:
.

16.1.   Standard copying of documents not larger than 8-1/2" x 14" (per page) 0.10 10/24/1989

16.2.   Copying documents from microfilm (per page) 0.20 10/24/1989

16.3.   Clerical Staff Time (per person per hour) (Evidence Code 1563) 24.00 7/1/2007

16.4.   Reproducing oversized documents or documents requiring special processing such as blueprints Actual costs . 10/24/1989

16.5.   Postal charges Actual costs . 10/24/1989

16.6.   If documents no longer exist, preparation of statement setting forth the dates of City Council authorization for document destruction (maximum) 31.00 7/1/2019

16.7. Notwithstanding the above, if the records are provided for inspection or photo copying at City Hall, the total fee for complying with the subpoena shall not exceed $15 and, in cases where records must be retrieved from microfilm, copying costs and clerical costs shall be those set forth as above. .
10/24/1989

16.8.   Witness Fees per Government Code Section 68096.1. A deposit is required in advance (per day) 275.00 7/1/2016 Other costs allowed by law including evidence. (Code 1563)

17.   Audio/Visual Reproduction 7/1/2016

17.2.   Copy of Existing Data File (web link to downloadable digital file) 11.00 7/1/2018

17.3. Copy of Existing Data File (provided on a flash drive) 40.00 7/1/2021 Requests for multiple copies will be referred to local vendor(s) equipped to provide such services. Actual costs . 7/1/1999

18.   Electric Charging Station

18.1.   Hourly fee 1.75/hr. 11/18/2014
19 Single-Use Foodware Accessories and Condiments Violation

19.1 Each day in violation ($300 maximum/year) 25.00 10/11/2022 2

Exhibit A. Resolution 78 6042
Fees and Charges for Various Municipal Services
A. Administrative Fees
Date of Last Adoption: 2-27-2024
Res. No. 24-6042.3
Num Description Current Fee Deposit
Proposed
Changes
Effective
7/1/24
Date last
updated

20. Rent Registry Program Fee and Penalties
For management and administration of Rent Registry Program.

Fully-Covered Units Subject to BOTH Rent Stabilization and Just Cause for Eviction Policies $47/unit annually 7/1/2024 Partially-Covered Units Subject to Just Cause for Eviction Policies Only $29/unit annually 7/1/2024

20.1 Past Due Receivables:

20.2 A late charge for past due receivables (per month) (of amount due) 3% 7/1/2021

20.3 Cost of collections efforts Actual Costs 7/1/2021

20.4 Penalties (per unit)

20.4.1 Infractions (per unit)

20.4.1.2 First issuance in 12 months 100.00

20.4.1.3 Second issuance in 12 months 200.00 7/1/2021

20.4.1.4 Third and subsequent issuance in 12 months 500.00 7/1/2021

20.4.2 Misdemeanors (per unit) 7/1/2021

20.4.2.1 First issuance in 12 months 100.00

20.4.2.2 Second issuance in 12 months 500.00 7/1/2021

20.4.2.3 Third and subsequent issuance in 12 months 1,000.00 7/1/2021

20.5 Rent Increase Petition Fee/Fair Return on Investment Actual costs 5,000.00 1 7/1/2024 Notes: 1 After making the initial $5,000 deposit, the Landlord shall maintain a minimum of $1,000 in the deposit account at all times, until the final hearing decision is issued.

General:

For services rendered by City staff which have no fee listed in the Master Fee Schedule, the City Manager or the City Manager's designee shall determine the appropriate fee based on the established hourly rates for the applicable City staff as provided in Table 1. Additionally, the City will pass-through to the user any discrete costs incurred from the use of external service providers if required to process the specific application or service, including an administrative fee of 20% to cover the associated Citywide overhead costs. 3