Concord City Council
June 25, 2024

City Council Agenda Report
Agenda Item No. 4.f
June 25, 2024
Report in Brief
The Cowell Road Maintenance Repair (Project No. 2604) (Project) will provide asphalt repairs and slurry maintenance on Cowell Road from Babel Lane to Ygnacio Valley Road. This work will include adjusting utilities to grade, and striping. See Attachment 1 for the 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 is expected to begin in August 2024 and be completed by December 2024, weather and contractor availability permitting.

Recommended Action

1. Award a Construction Contract in the amount $1,436,089.67 (Measure V Financing Fund 407) to Radius Earthwork, Inc.; authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report; and

2. Authorize the City Engineer to accept the improvements upon completion of Project No. 2604 and direct the City Clerk to file a Notice of Completion; and

3. Approve a related budget transfer and appropriate $406,000 (Measure J Fund 475) from Pavement Holding Account (Project No. 2157) to Cowell Road Pavement Maintenance (Project No. 2604); and make the CEQA determinations as provided in this staff report.

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 and construction of Cowell Road Pavement Maintenance (Project No. 2604). The Project scope includes pavement maintenance treatments on Cowell Road from Babel Lane to Ygnacio Valley Road. Treatments include removal and replacement of failed pavement sections (potholes), slurry maintenance treatment, and restriping.

If awarded, the Project is anticipated to begin in August and be complete by December 2024, weather and contractor availability permitting.

Analysis
Construction Contract
The Project was advertised for construction bids as required by state law and City policy. Bids were opened on May 16, 2024, and three (3) bids were received in amounts ranging from $1,436,089.67 to $1,460,794.36. The Engineer’s Estimate for the Total Bid is approximately $1,250,000. The lowest three (3) bids are shown in the following table.

City Council Agenda Report
Agenda Item No. 4.f
June 25, 2024
BID SCHEDULE Total Bid
Engineer’s Estimate $1,250,000.00
Radius Earthwork Inc. $1,436,089.67
Ghilotti Brothers Inc. $1,443,200.36
Ghilotti Construction Company Inc. $1,460,794.36
Radius Earthwork Inc. (Radius) of Campbell, CA was the lowest bidder and submitted a responsive and responsible bid. Radius has an appropriate and valid contractor’s license and has recently worked on other CIP projects for the City of Concord including Pavement Maintenance Residential Zone 5J (Project No. 2526).

City staff (Staff) completed analysis of Radius’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.

Radius is registered with the Department of Industrial Relations as required by SB 854.

On September 13, 2016, Council approved a Citywide Project Stabilization Agreement with the Contra Costa Building & Construction Trades Council for projects with a construction contract valued at over $750,000. This project is subject to the requirements of the Project Stabilization Agreement as construction costs exceeded $750,000. Radius and their subcontractors have submitted the required agreements for complying with this requirement.

Budget Adjustment or Transfer Required
The bids for construction of the Cowell Road Pavement Maintenance Project came in higher than estimated. Due to the increased cost, the Project has a shortfall of $406,000 in funding The costs are higher than the engineer’s estimate for two main reasons: (1) The cost of concrete work—i.e., curb and gutter, and utility adjustments--is more expensive than expected. (2) The cost for installing a Video Detection System at the intersection of Babel Lane and Cowell Road was not included in the original engineer’s estimate and project budget.

Financial Impact
The total budget for the Cowell Road Pavement Maintenance Project is $1,500,000.

This budget is comprised exclusively of Measure V Local Funds (Fund 407). There are currently insufficient funds to award the construction contract, provide 10% contingency, consultant construction management cost, and Staff time A budget transfer and appropriation of $406,000 from the Pavement Holding Account (Project No. 2157) (Measure J, Fund 475), to the Cowell Road Pavement Maintenance (Project No. 2604) is necessary to fully fund this project.

City Council Agenda Report
Agenda Item No. 4.f
June 25, 2024
Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, and/or 15378, Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, Council action on this item is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and 15304 – Minor Alterations to Land. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. The Notice of Exemption will be filed with the County Clerk’s office following the Council action on this item.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. PJ 2526 Bid Summary

3. Construction Contract – Radius Earthwork Inc.

Attachment 1
Project Name: Cowell Road Pavement Maintenance
Project Number: 2604
Location: Cowell Road (Babel Lane to
Ygnacio Valley Road)

PROJECT

LOCATION

City of Concord
Bid Sheet
PROJECT #2604 Bid Opening:

Cowell Road Pavement Maintenance Thursday,
May 16, 2024
2:00 p.m.

City Manager's Conference Room
Engineer’s Estimate: $1,250,000 To be awarded: June 25, 2024

COMPANY TOTAL BID
Radius Earthwork Inc.
197 E. Hamilton Ave, Ste 204
Campbell, CA 95008
$1,436,089.67
Ghilotti Bros., Inc.
525 Jacoby St.

San Rafael, CA 94901
$1,443,200.36
Ghilotti Construction Co.
246 Ghilotti Ave.

Santa Rosa, 95407
$1,460,794.36
Contact: Bernard Enrile x3031

CONTRACT
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THIS CONTRACT made and entered into this May 24, 2024, between the CITY OF CONCORD, a general law city in Contra Costa County, California, hereinafter called "City", and Radius Earthwork, Inc., 197 E. Hamilton Ave, Suite 204, Campbell, Ca 95008, hereinafter called "Contractor", for Cowell Road Pavement Maintenance Project No. 2604.

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; water pollution control program; clearing, grubbing, trimming and root pruning; removing and replacing concrete sidewalk, curb, and gutter; cold planning of asphalt roadway; placement of Hot Mix Asphalt (HMA) materials; crack seal and slurry seal; lowering and adjusting utility covers to finish grade; removal and replacement of traffic striping and curb paint; 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 2023 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 $1,436,089.67 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.

Attachment 3

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28 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, 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. Burden of Proof and Limitations. Contractor bears the burden of proving entitlement to and the amount of any claimed damages. Contractor is not entitled to damages calculated on a total cost basis, but must prove actual damages. Contractor is not entitled to speculative, special, or consequential damages, including home office overhead or any form of overhead not directly incurred at the Project site or any other Worksite; lost profits; loss of productivity; lost opportunity to work on other projects; diminished bonding capacity; increased cost of financing for the Project; extended capital costs; nonavailability of labor, material or equipment due to delays; or any other indirect loss arising from the Contract. The Eichleay Formula or similar formula will not be used for any recovery under the Contract.

The City will not be directly liable to any Subcontractor or supplier.

5. 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.

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

7. 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.

8. Waiver of a breach or default under the Contract Documents shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Contract.

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28 9. 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.

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

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.

Radius Earthwork, Inc.
a California corporation
By:___________________________________
Contractor

CITY OF CONCORD,
a municipal corporation
By:___________________________________
Mayor
Email: [email protected]
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 2604 115-74200 $ 1,400,000.00
475 9500 C999-74200 475 2604 115-74200 $ 36,089.67

I hereby certify that adequate funds exist or will be received during the 23/24 Fiscal Year to pay for the anticipated expenses to be incurred pursuant to this contract.

Director of Finance

Staff Report
Date: June 25, 2024
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Greg Taylor, Director of Information Technology [email protected]
(925) 671-3189
Subject: Considering approval of a five-year Master Services Agreement for computer server room colocation, Internet access, and fiber optic connectivity with Astound Broadband for a not-to-exceed amount of $206,723 per year, including a 20% contingency, and a total contract not-to-exceed amount of $1,018,615; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (General Fund)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), and/or 15378.

Report in Brief
The City’s data, voice and video systems communicate over a fiber optic cable network provided, in part, by Astound Broadband. In addition to fiber optic network connectivity, Astound Broadband also provides Internet access and colocation services for the City’s computer servers within the Astound Concord primary datacenter.

Astound began providing services through a 15-year Cable Franchise Agreement in 1999. In 2013, an RFP was conducted and Astound was the lowest bidder and only respondent to include colocation services. The City entered into a new 10-year agreement to provide these services and that contract expires July 27th, 2024. Astound is currently the only company capable of providing colocation services within the City of Concord and the City seeks to enter into a new 5-year agreement at a cost savings of $6,792 per year.

4.g

City Council Agenda Report
Agenda Item No. 4.g
June 25, 2024
The total cost for colocation services, a 10 gigabit Internet connection, a 1 gigabit Internet connection, 15 dark fiber locations, Todos Santos Digital Music services and a Todos Santos Business Internet connection is $14,355.75 per month or $172,269 per year (Attachment 1). When including a 20% contingency, the total not to exceed amount requested is $206,723 per year. The 5-year total not-to-exceed contract amount is $1,018,615. Funds are currently available for the contract’s first year in the FY 24-25 IT Department budget. Years two through five will be budgeted in future budgets. The Astound Master Services Agreement will be dependent on Council Approval of these future budgets.

Recommended Action
Approve a five-year Master Services Agreement for computer server room colocation, Internet access, and fiber optic connectivity with Astound Broadband for a not-to-exceed amount of $206,723 per year, including a 20% contingency, and a total contract not-toexceed amount of $1,018,615; authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report.

Background
The City of Concord contracts with Astound for the use of fiber optic cabling, Internet bandwidth, and colocation services. These critical technologies provide functionality that is required for City operations, and ultimately, services provided to the public.

The City of Concord’s Information Technology (IT) Department maintains three primary server rooms located at the Civic Center main campus, the Police Department Headquarters, and the Astound Concord datacenter. All three server rooms are essential to City operations and the separation and distribution of servers among multiple datacenters is an industry best practice for a strong, resilient network. Whereas different server rooms may act as a failover in certain capacities during a disaster, each is unique in the servers they host and services/applications they provide.

The Astound datacenter server room hosts a variety of critical City systems, including the Lawson ERP system, Accela Community Development and Business Licensing system, as well as over 100 other applications. As was the case in 2013, Astound has the only colocation facility that can host the City’s complex environment within Concord city limits, and provides robust disaster recovery services while also allowing staff to have a separate badge access system and entrance to our areas 24 hours a day, 7 days a week.

The City uses Astound fiber optic networks to connect various City Departments, Todos Santos Plaza, the Pavilion and other remote locations. Astound provides the City’s primary Internet connection and a specialized Public Safey connection. Additionally, Astound maintains Internet traffic address routing and gateways that are critical for City of Concord communication.

City Council Agenda Report
Agenda Item No. 4.g
June 25, 2024
Analysis
In 2019, the costs for Astound services for the City of Concord were $209,520 per year.

That contrasts with the current proposed costs of $172,269 per year, showing a savings of $37,251 per year. By the City building out its own network and other technological improvements, the City was able to reduce costs while also increasing the City’s Internet bandwidth 20-fold.

Whereas pursuant to Municipal Code-Title 3 Revenue and Finance-Chapter 3.10 Purchasing, the City may participate in a cooperative purchase or piggyback off of an existing contract when determined to be in the City’s best interest, the City found that the State’s CALNET contract would have increased costs by $4,671 per month or $56,052 per year. When combining that fact with Astound being the only vendor with the capability to offer colocation services within the City of Concord, the City has found that Astound is the optimal choice and in the City’s best interest.

Procurement Process
Pursuant to Municipal Code-Title 3 Revenue and Finance-Chapter 3.10 Purchasing, bidding regulations may be waived when there is only one verified vendor for the product or service. Astound has the sole capability of hosting a City primary server room within Concord city limits. The City has used this service since 2007 and built out an entire network based on this topology. Combined with the reduced costs, Staff has found Astound is optimal and best meets the needs of the City.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378 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, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”
Financial Impact
All required funds are currently available for the contract’s first year in the FY 24-25 IT Department budget. Years two through five will be budgeted in future budgets. The Astound Master Services Agreement will be dependent on Council Approval of these future budgets otherwise reduced or terminated.

Public Contact
The City Council Agenda was posted.

City Council Agenda Report
Agenda Item No. 4.g
June 25, 2024
Attachments

1. Total Costs Spreadsheet

2. Proposed Astound Services

3. Astound Master Services Agreement

Service Location A Name Location A Address Location Z Name Location Z Address Mbps Current Monthly Rate Proposed new pricing Term Renewal Term Notification Interval (1) Dedicated Internet (DIA) City of Concord 220 Mason Circle Ste. 11 Concord, CA 94520 n/a n/a 10G $ 2,140.00 $ 2,140.00 60 M2M 30 day(1) Dedicated Internet (DIA) City of Concord Police 1350 Galindo Street Concord, CA 94520 n/a n/a 1G $ 1,690.00 $ 1,224.85 60 M2M 30 day Sub-Total $ 3,830.00 $ 3,364.85
Dark Fiber (2 strands) Centre Concord 5298 Clayton Rd. City of Concord 220 Mason Cir. $400.00 $ 400.00 60 M2M 30 day Dark Fiber (16 strands) City Hall 1950 Parkside Dr. City of Concord 220 Mason Cir. $800.00 $ 800.00 60 M2M 30 dayDark Fiber (14 strands) Corp Yard 1455 Gasoline Alley City of Concord 220 Mason Cir. $720.00 $ 720.00 60 M2M 30 day Dark Fiber (2 strands) Cowell Pool 3501 Cowell Rd. City of Concord 220 Mason Cir. $400.00 $ 400.00 60 M2M 30 dayDark Fiber (2 strands) Golf Course 4050 Port Chicago Hwy. City of Concord 220 Mason Cir. $400.00 $ 400.00 60 M2M 30 dayDark Fiber (2 strands) Pavilion 2000 Kirker Pass Rd. City of Concord 220 Mason Cir. $400.00 $ 400.00 60 M2M 30 day Dark Fiber (24 strands) Police Station 1350 Galindo St. City of Concord 220 Mason Cir. $1,200.00 $ 1,200.00 60 M2M 30 day Dark Fiber (2 strands) Pump Station 2050 Waterworld Pkwy. City of Concord 220 Mason Cir. $400.00 $ 400.00 60 M2M 30 day Dark Fiber (2 strands) Old Garage 2255 Salvio St. City of Concord 220 Mason Cir. $400.00 $ 400.00 60 M2M 30 day Dark Fber (4 strands) Senior Center 2727 Parkside Circle City of Concord 220 Mason Cir. $420.00 $ 420.00 60 M2M 30 day Dark Fiber (2 strands) New Garage 2051 Salvio St. City of Concord 220 Mason Cir. $200.00 $ 200.00 60 M2M 30 day Dark Fiber (4 strands) Plaza Pit 2175 Willow Pass Rd. City of Concord 220 Mason Cir. $420.00 $ 420.00 60 M2M 30 dayDark Fiber (2 strands) Willow Pass Rec 2748 E. Olivera Rd., City of Concord 220 Mason Cir. $400.00 $ 400.00 60 M2M 30 day Dark Fiber (4 strands) Tishman Bldg 2300 Clayton Rd. City of Concord 220 Mason Cir. $420.00 $ 420.00 60 M2M 30 day Dark Fiber (4 strands) Police Office 2151 Salvio St., Ste S Police Station 1350 Galindo St. $420.00 $ 420.00 60 M2M 30 day Sub-Total $ 7,400.00 $ 7,400.00
(8) Cabinets Astound Colo 220 Mason Cir Concord, CA 94520 n/a n/a $ 4,000.00 $ 3,400.00 60 M2M 30 day Sub-Total $ 4,000.00 $ 3,400.00
Digital Music Todos Santos Plaza 2175 Willow Pass Road Concord, CA 94520 n/a n/a $ 49.95 $ 49.95 60 M2M 30 day Sub-Total $ 49.95 $ 49.95
BHS 2175 Willow Pass Road Concord, CA 94520 n/a n/a $ 140.95 $ 140.95 12 M2M 30 day Sub-Total $ 140.95 $ 140.95 GRAND TOTAL $ 14,921.90 $ 14,355.75 Savings:$566.15
Customer: City of ConcordDark FiberVideo Services Business High Speed Internet 49 Astound Business Existing Services - March 2024
Lit Fiber Circuits in Services Co-Location Services
ATTACHMENT 1

Service Order
This Service Order (this “Service Order”) is entered into as of the date of last signature below (the “Effective Date”), by and between ASTOUND BUSINESS SOLUTIONS, LLC, a Delaware limited liability company, acting on behalf of itself and as agent for its Affiliates (collectively, “Provider”), and the customer specified below (“Customer”). This Service Order is made pursuant to and will be governed by Provider’s “Standard Terms and Conditions for Enterprise Services” which are posted on Provider’s website at http://www.astound.com/business/enterprise-terms (the “T&Cs”). The T&Cs are incorporated into this Service Order by this reference. All capitalized terms used but not defined in this Service Order shall have the meanings given to them in the T&Cs. Affiliates of Astound Business Solutions, LLC include, but are not limited to (i) RCN Telecom Services, LLC, (ii) Grande Communications Networks, LLC, and (iii) Wave Business Solutions, LLC.

CUSTOMER DBA CUSTOMER CONTACT NAME CUSTOMER CONTACT INFO City Of Concord Greg Taylor Office: 925-671-3159
Mobile:

Email: [email protected]

CUSTOMER BILLING ADDRESS ALTERNATIVE CUSTOMER CONTACT ALTERNATIVE CUSTOMER CONTACT INFO Office:

Mobile:

Email:

CUSTOMER ACCOUNT NUMBER SERVICE ORDER REFERENCE NUMBER ACCOUNT SALES REP 48 - 103837501 OP392432 Debbie Albee - 043858

INITIAL SERVICE TERM SEGMENT
60 months Enterprise
Provider shall provide to Customer the services set forth below (each, a “Service”), at the location(s) set forth below (each, a “Service Site”), in exchange for the one-time, nonrecurring installation charge (“NRC”), and the monthly recurring service charges (“MRC”) set forth below:

PRODUCT LINE ITEM Z-LOC ADDRESS (PRIMARY) Z-LOC
DEMARC

A-LOC ADDRESS A-LOC

DEMARC UNITS MRC / UNIT
TOTAL
MRC
NRC /
UNIT
TOTAL
NRC
DIA 1 Gb 1350 Galindo St , Concord,
CA 94520, USA
Cust Prem N/A 1 $1,224.85 $1,224.85 $0.00 $0.00
Dark Fiber Strand 1350 Galindo St , Concord,
CA 94520, USA
Cust Prem 2151 Salvio St , Concord,
CA 94520, USA
Cust Prem 4 $105.00 $420.00 $0.00 $0.00
Dark Fiber Strand 200 Mason Cir , Concord,
CA 94520, USA
Cust Prem 1455 Gasoline Alley ,
Concord, CA 94520, USA
Cust Prem 2 $360.00 $720.00 $0.00 $0.00
Dark Fiber Strand 200 Mason Cir , Concord,
CA 94520, USA
Cust Prem 1950 Parkside Dr , Concord,
CA 94519, USA
Cust Prem 16 $50.00 $800.00 $0.00 $0.00
ATTACHMENT 2

SERVICE ORDER pg. 2
Astound Business Solutions, LLC / City Of Concord 6/5/2024

PROPRIETARY AND CONFIDENTIAL
Dark Fiber Strand 200 Mason Cir , Concord,
CA 94520, USA
Cust Prem 5298 Clayton Rd , Concord,
CA 94521, USA
Cust Prem 2 $200.00 $400.00 $0.00 $0.00
Business HSI 55 Mb 2175 Willow Pass Rd ,
Concord, CA 94520, USA
Cust Prem N/A 1 $140.95 $140.95 $0.00 $0.00
Digital Favorites 2175 Willow Pass Rd ,
Concord, CA 94520, USA
Cust Prem N/A 1 $49.95 $49.95 $0.00 $0.00
Std Locking Cabinet 220 Mason Cir , Concord,
CA 94520, USA
Other N/A 8 $425.00 $3,400.00 $0.00 $0.00
Dark Fiber Strand 220 Mason Cir , Concord,
CA 94520, USA
Cust Prem 1350 Galindo St , Concord,
CA 94520, USA
Cust Prem 24 $50.00 $1,200.00 $0.00 $0.00
Dark Fiber Strand 220 Mason Cir , Concord,
CA 94520, USA
Cust Prem 2000 Kirker Pass Rd ,
Concord, CA 94521, USA
Cust Prem 2 $200.00 $400.00 $0.00 $0.00
Dark Fiber Strand 220 Mason Cir , Concord,
CA 94520, USA
Cust Prem 2050 Waterworld Pkwy ,
Concord, CA 94520, USA
Cust Prem 2 $200.00 $400.00 $0.00 $0.00
Dark Fiber Strand 220 Mason Cir , Concord,
CA 94520, USA
Cust Prem 2051 Salvio St , Concord,
CA 94520, USA
Cust Prem 2 $100.00 $200.00 $0.00 $0.00
Dark Fiber Strand 220 Mason Cir , Concord,
CA 94520, USA
Cust Prem 2175 Willow Pass Rd ,
Concord, CA 94520, USA
Cust Prem 4 $105.00 $420.00 $0.00 $0.00
Dark Fiber Strand 220 Mason Cir , Concord,
CA 94520, USA
Cust Prem 2255 Salvio St , Concord,
CA 94520, USA
Cust Prem 2 $200.00 $400.00 $0.00 $0.00
Dark Fiber Strand 220 Mason Cir , Concord,
CA 94520, USA
Cust Prem 2300 Clayton Rd , Concord,
CA 94520, USA
Cust Prem 4 $105.00 $420.00 $0.00 $0.00
Dark Fiber Strand 220 Mason Cir , Concord,
CA 94520, USA
Cust Prem 2727 Parkside Cir ,
Concord, CA 94519, USA
Cust Prem 4 $105.00 $420.00 $0.00 $0.00
Dark Fiber Strand 220 Mason Cir , Concord,
CA 94520, USA
Cust Prem 2748 E Olivera Rd ,
Concord, CA 94519, USA
Cust Prem 2 $200.00 $400.00 $0.00 $0.00
Dark Fiber Strand 220 Mason Cir , Concord,
CA 94520, USA
Cust Prem 3501 Cowell Rd , Concord,
CA 94518, USA
Cust Prem 2 $200.00 $400.00 $0.00 $0.00
Dark Fiber Strand 220 Mason Cir , Concord,
CA 94520, USA
Cust Prem 4050 Port Chicago Hwy ,
Concord, CA 94520, USA
Cust Prem 2 $200.00 $400.00 $0.00 $0.00
DIA 10 Gb 220 Mason Circle ,
Concord, CA 94520, USA
Cust Prem N/A 1 $2,140.00 $2,140.00 $0.00 $0.00
NOTE: If the Demarcation Point listed above for a Service Site is the MPOE, then Customer is responsible for providing any necessary demarc extension / additional inside wiring to reach the Customer’s premises/suite.

TOTALS $14,355.7
5 $0.00
Note: The charges listed above do not include applicable taxes, fees and surcharges.

SERVICE ORDER pg. 3
Astound Business Solutions, LLC / City Of Concord 6/5/2024

PROPRIETARY AND CONFIDENTIAL
NOTES
Important Notice Regarding E911 Service. The telephone Services provided hereunder are provided by Provider’s Internet Protocol voice network (aka “VoIP”). Federal Communications Commission rules require that providers of VoIP phone services remind customers of these important E911 facts: (i) Provider needs a correct service site address in order to deliver accurate location information to E911; (ii) If you move your VoIP phone equipment to a different physical address, you must call Provider immediately to update the location information, otherwise E911 will not have your correct location information on file; (iii) VoIP services operate using the standard electrical power provided to the service site, so unless you have arranged for a back-up power supply, the Services will be unavailable during a power outage; (iv) You may not be able to make E911 calls if there is a power outage, network outage or other technical problems, or if your phone service is terminated or suspended. By signing below Customer indicates that Customer has read and understands this notice regarding E911 service.

The submission of this Service Order to Customer by Provider does not constitute an offer. Instead, this Service Order will become effective only when both parties have signed it. The date this Service Order is signed by the last party to sign it (as indicated by the date associated with that party’s signature) will be deemed the Effective Date of this Service Order.
\as1\ \ocs1\
Authorized Customer Signature Authorized Provider Signature \an1\ \ocn1\
Printed Name Printed Name
\at1\ \oct1\
Title Title
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MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER pg. 1 Astound Business Solutions, LLC / City of Concord 01/10/2024 MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER This Master Services Agreement for Enterprise Services (this “MSA”) is entered into as of this ______ day of , 2024 (the “Effective Date”), by and between ASTOUND BUSINESS SOLUTIONS, LLC, a Delaware limited liability company, acting on behalf of itself and as agent for its Affiliates (collectively, “Provider”), and the CITY OF CONCORD, a California municipal entity (“Customer”). For purposes of this MSA, the term “Affiliate” shall mean any other person which directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, the first person or any of its subsidiaries. Affiliates of Astound Business Solutions, LLC include, but are not limited to (i) RCN Telecom Services, LLC, (ii) Grande Communications Networks, LLC, and (iii) Wave Business Solutions, LLC. Each of Provider and Customer may be referred to in this MSA as a “Party” and together as the “Parties.” ARTICLE 1 – STRUCTURE OF AGREEMENT

1.1 Purpose of MSA. Provider and its Affiliates provide various facilities-based telecommunications services, including Ethernet transport, dedicated internet access, phone over fiber, dark fiber, and related services (as applicable, the “Services”).

This MSA is neither an agreement to purchase nor a commitment to provide Services. The purpose of this MSA is to provide the general terms, conditions and framework within which Customer and its Affiliates may from time to time purchase Services from Provider and its Affiliates, pursuant to one or more “Service Orders,” as described in Section 1.2 below.

1.2 Service Orders. The purchase of Services shall be accomplished only through the negotiation and mutual execution and delivery of a Service Order memorializing the terms and conditions pursuant to which Provider shall provide the desired Services to Customer. Service Orders shall clearly specify the following: (i) the type of Service at issue (e.g., Internet access, data transport, VoIP, dark fiber, etc.); (ii) the location(s) at which the Service is to be provided (each, a “Service Site”); (iii) the initial term of the Service Order (the “Initial Service Term”); (iv) the pricing for the Service, including (a) the monthly recurring charges (“MRC”) for the Service, and (b) any non-recurring charges (“NRC”) associated with installation of the Service; and (v) any other terms or conditions specific to the particular Service Order. Each fully-executed Service Order shall be governed by and become part of this MSA, and this MSA together with all fully-executed Service Orders shall be collectively referred to as the “Agreement.” Depending on the location of the Service Site, in some instances Services may be provided by an Affiliate of Provider.

1.3 Additional Documents Comprising Agreement; Order of Precedence. If one or more Service Level Agreements are attached to this MSA as Exhibits (the “SLA”), the SLA constitutes a part of this MSA. Customer’s use of any Services purchased pursuant to the Agreement will also be governed by Provider’s Acceptable Use Policy for Commercial Services (the “AUP”) which is posted on Provider’s website at http://www.astound.com/business/aup. Additional provisions that are applicable only to specific types of Services are contained in Provider’s Service-Specific Terms and Conditions (the “Service-Specific T&Cs”) which is posted on Provider’s website at http://www.astound.com/business/service-terms. In the event of a conflict between the provisions of any of the foregoing documents, the documents shall have the following order of precedence unless expressly stated otherwise in a particular Service Order: (i) this MSA (including the SLA); (ii) the applicable Service Order; (iii) the AUP; and (iv) the Service-Specific T&Cs.

ARTICLE 2 – TERM AND RENEWAL

2.1 Term of MSA. The term of this MSA (the “MSA Term”) shall be for five (5) years, commencing on the Effective Date and expiring on the date that is one day prior to the fifth (5th) anniversary of the Effective Date. Notwithstanding the foregoing, so long as any one or more Service Orders entered into pursuant to this MSA remain in effect, this MSA shall not terminate with respect to said Service Orders but shall continue to govern same until the expiration or termination of said Service Orders.

2.2 Term of Service Orders. The Initial Service Term of each Service Order shall be as specified in the Service Order. Upon expiration of the Initial Service Term, unless either Party terminates the Service Order by giving written notice of termination to the other Party not less than thirty (30) days prior to the end of the Initial Service Term, this Service Order will begin to automatically renew on a month-to-month basis (the “Renewal Term”). During the Renewal Term, either Party may terminate this Service Order by giving no less than thirty (30) days’ advance written notice of termination to the other Party. Written notice of termination by Customer must be given to Provider by completing and submitting the online “Change of Service” form on the ATTACHMENT 3

MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER pg. 2 Astound Business Solutions, LLC / City of Concord 01/10/2024 Astound Business Solutions website located at http://www.astound.com/business/support/macd. The total period of time a Service Order is in effect is referred to as the “Service Term” for the Service Order at issue. The total period of time a Service Order is in effect is referred to as the “Service Term” for the Service Order at issue.

ARTICLE 3 – INSTALLATION, TESTING, ACCEPTANCE AND USE

3.1 Service Site; Demarcation Points; Equipment. Unless a Service Site is within Provider’s control, Customer shall provide Provider with access to the Service Site as and to the extent reasonably necessary for Provider to install, test, inspect and maintain the Service(s) ordered during the Service Term. Unless otherwise stated in a Service Order: (i) Provider shall be solely responsible for the provision, operation and maintenance of all equipment and facilities (the “Provider Equipment”) necessary to connect Provider’s network facilities to the Customer demarcation point(s) at the Service Site (the “Demarcation Point(s)”); and (ii) Customer shall be solely responsible for the provision, operation and maintenance of all equipment and facilities (the “Customer Equipment”) from the Demarcation Point(s) to Customer’s internal network. Unless a Service Site is within Provider’s control, Customer shall be responsible for maintaining appropriate conditions at the Service Site, including HVAC, electrical power, and security. Title to the Provider Equipment shall at all times remain vested in Provider. Customer shall not re-arrange, disconnect, tamper with, attempt to repair, or otherwise interfere with the Provider Equipment, nor shall Customer permit any third party to do so.

3.2 Testing, Acceptance and Service Commencement Date. Provider shall use commercially reasonable efforts to install the Services consistent with Provider’s usual and customary installation timeline, and shall endeavor to keep Customer regularly informed regarding installation progress. Provider shall notify Customer when a Service has been installed and is ready for testing and use. Customer may, at Customer’s option, participate in Provider’s final testing of the Service. For Services having a committed bandwidth, the committed information rate shall be measured at the Ethernet layer and includes the Ethernet frame itself. The Initial Service Term for the Service at issue shall commence on the date on which the Service has been installed, tested and is active and available for use by Customer (the “Service Commencement Date”). Customer shall have a period of five (5) business days after the Service Commencement Date in which Customer may notify Provider that the Service at issue is not functioning properly.

If Customer notifies Provider of problems with a Service pursuant to this Section 3.2, Provider shall investigate and correct same and the Service Commencement Date shall be revised to be the first calendar day after the date on which Provider has corrected the problems. Unless Customer delivers notification of problems to Provider within the time period set forth above, Customer shall be deemed to have accepted the Service at issue and to have confirmed that the Service has been installed and is functioning properly as of the Service Commencement Date.

3.3 No Sub-Licensing; Non-Compete. Any Services provided to Customer pursuant to the Agreement are for the sole benefit of Customer. Customer shall not grant to any third party the right to use any of the Services, regardless of whether such grant were to take the form of a license, sublicense, lease, sublease, or any other form. Nor shall Customer use the Services for commercial purposes that are competitive with Provider’s business (e.g., use the Services to sell Internet access services, point-topoint data transport services, VoIP services, etc., to third parties within Provider’s service area).

ARTICLE 4 – PAYMENT AND BILLING

4.1 Invoicing. All amounts owed by Customer to Provider under the Agreement shall be collectively referred to as “Fees.” Provider shall begin billing Customer for the MRC applicable to a Service as of the Service Commencement Date. Invoices shall be delivered monthly, and shall be paid by Customer within thirty (30) days of receipt. Fixed Fees shall be billed in advance and usage-based Fees shall be billed in arrears. Fixed fees for any partial month shall be pro-rated. For Services having an NRC, unless otherwise stated in the Service Order, Provider shall invoice Customer for the NRC upon full-execution of the Service Order. Except for amounts disputed in good faith by Customer pursuant to Section 4.2 below, past due amounts shall bear interest in the amount of 1.5% per month, or the highest amount allowed by law, whichever is lower.

4.2 Disputed Invoices. If Customer in good faith disputes any portion of a Provider invoice, Customer shall pay the undisputed portion of the invoice and submit written notice to Provider regarding the disputed amount, which notice shall include documentation supporting the alleged billing error (each such notice, a “Fee Dispute Notice”). A Fee Dispute Notice must be submitted to Provider within thirty (30) days from the date the invoice at issue is received by Customer. Customer waives the right to dispute any Fees not disputed within such thirty (30) day period. The Parties shall negotiate in good faith to attempt to resolve

MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER pg. 3 Astound Business Solutions, LLC / City of Concord 01/10/2024 any such disputes within sixty (60) days after Customer’s delivery of the applicable Fee Dispute Notice.

4.3 Applicable Taxes. All charges for Services set forth in Service Orders are exclusive of Applicable Taxes (as defined below). Except for taxes based on Provider’s net income or taxes for which Customer possesses a valid exemption certificate, Customer shall be responsible for payment of all applicable taxes and regulatory fees, however designated, that arise in any jurisdiction, including, without limitation, value added, consumption, sales, use, gross receipts, excise, access, bypass, or other taxes, fees, assessments, duties, charges or surcharges, that are imposed on, incident to, or based upon the provision, sale, or use of the Service(s) (collectively “Applicable Taxes”). The Applicable Taxes will be individually identified on invoices. If Customer is entitled to an exemption from any Applicable Taxes, Customer is responsible for presenting Provider with a valid exemption certificate (in a form reasonably acceptable to Provider). Provider will give prospective effect to any valid exemption certificate provided in accordance with the preceding sentence.

ARTICLE 5 – DEFAULT AND REMEDIES

5.1 Customer Default. Each of the following shall constitute a default by Customer under the Agreement (each a separate event of “Default”): (i) if Customer fails to pay any undisputed Fees when due, the failure of Customer to cure same within ten (10) days after receiving written notice from Provider regarding such failure to pay; (ii) if Customer fails to comply with any other material provision of the Agreement, the failure of Customer to cure same within thirty (30) days of receiving written notice from Provider regarding such non-compliance; or (iii) if Customer files or initiates proceedings, or has proceedings initiated against it, seeking liquidation, reorganization or other relief (such as the appointment of a trustee, receiver, liquidator, custodian or other such official) under any bankruptcy, insolvency or other similar law, and the same is not dismissed within sixty (60) days.

5.2 Remedies for Customer Default. In the event of a Default by Customer under the Agreement, Provider may, at its option:
(i) suspend any applicable Services until such time as the Customer Default has been corrected (provided, however, that any suspension shall not relieve Customer’s on-going obligation to pay Provider all Fees and other amounts due under the Agreement as if such suspension of Services had not taken place); (ii) terminate the applicable Service(s) and/or the applicable Service Order(s); (iii) after the occurrence of any two Customer Defaults in any twelve (12) month period, terminate all Service Orders entered into with Customer; and/or (iv) pursue any other remedy available to Provider under the Agreement or applicable law. In the event of early termination for Customer Default pursuant to this Section 5.2, Customer shall pay to Provider the Termination Charge described in Section 6.3 below.

5.3 Provider Default. Each of the following shall constitute a Default by Provider under the Agreement: (i) if Provider fails to comply with any material provision of the Agreement other than provisions of the SLA, the failure by Provider to cure same within thirty (30) days of receiving written notice from Customer regarding such non-compliance; or (ii) Provider files or initiates proceedings, or has proceedings initiated against it, seeking liquidation, reorganization or other relief (such as the appointment of a trustee, receiver, liquidator, custodian or other such official) under any bankruptcy, insolvency or other similar law, and the same is not dismissed within sixty (60) days.

5.4 Remedies for Provider Default. In the event of a Default by Provider under the Agreement Customer may, at its option:
(i) terminate the applicable Service(s) and/or the applicable Service Order(s); and/or (ii) pursue any other remedy available to Customer under the Agreement or applicable law. Early termination by Customer shall be accomplished by providing termination notice to Customer’s account manager and to the notice address specified in Article 13 below. In the event of early termination for Provider Default pursuant to this Section 5.4, Provider shall reimburse Customer for any pre-paid, unused monthly service Fees attributable to the terminated Service(s) and/or Service Order(s), and Customer shall have no further liability to Provider for the terminated Service(s) and/or Service Order(s). Early termination by Customer pursuant to this Section 5.4 shall not relieve Customer of its obligations to pay all Fees incurred prior to the early termination date.

ARTICLE 6 – EARLY TERMINATION & PORTABILITY

6.1 Early Termination for Non-Appropriation. Customer is a public entity subject to legislative appropriation requirements.

As a general matter, Customer cannot legally be obligated to make payments for Services that are provided after the end of the fiscal period in which Customer executes a particular Service Order. In the event that, for any future fiscal period, sufficient funds are not appropriated or allocated for payment of any one or more Service Orders, Customer may terminate the Service Order at

MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER pg. 4 Astound Business Solutions, LLC / City of Concord 01/10/2024 issue as a matter of public convenience as provided herein without incurring a Termination Charge or any other early termination fee. If and when Customer becomes aware that non-allocation of funds for the coming fiscal period appears likely, Customer shall use reasonable efforts to notify Provider of that possibility prior to the end of the then-current fiscal period. Once the nonappropriation decision has been made, Customer shall, as soon as reasonably practicable, deliver written notice of termination for non-appropriation to Provider specifying which Service or Services and/or which Service Order or Service Orders are being terminated for non-appropriation and the date on which such early termination shall occur. Customer shall remain obligated to pay for all Services delivered through the date of termination.

6.2 Early Termination for Customer Convenience. Customer may, at any time after executing a Service Order, discontinue one or more of the Services ordered and/or terminate the Service Order by giving at least thirty (30) days’ advance written notice to Provider by completing and submitting the online “Change of Service” form on the Astound Business Solutions website located at http://www.astound.com/business/support/macd. Any early termination of a Service pursuant to this Section 6.2 shall be referred to as “Termination for Customer Convenience.” In the event of Termination for Customer Convenience, Customer shall pay to Provider the Termination Charge described in Section 6.4 below.

6.3 Early Termination for Default. In accordance with Article 5 above, either Party may elect to terminate one or more Service Orders prior to the scheduled expiration date in the event of an uncured Default by the other Party.

6.4 Termination Charge. In the event of Termination for Customer Convenience pursuant to Section 6.2 above, or termination for Customer Default pursuant to Section 5.2 above, Customer shall pay a Termination Charge to Provider. The “Termination Charge” shall equal the sum of the following: (i) all unpaid amounts for Services actually provided prior to the termination date; (ii) any portion of the NRC for the terminated Service(s) that has not yet been paid to Provider; (iii) with respect to off-net Services only, any documented cancellation or termination charges or fees imposed on Provider by any third party in connection with the early termination of the Services; and (iv) one hundred percent (100%) of all remaining MRCs Customer was to pay Provider for the Service during the remainder of the applicable Service Term. If incurred, the Termination Charge will be due and payable by Customer within thirty (30) days after the termination date of the Service at issue. Customer acknowledges that the calculation of the Termination Charge is a genuine estimate of Provider’s actual damages and is not a penalty.

6.5 Portability; Substitution of Services. At any time during the Service Term of a Service Order, Customer may elect to substitute new Services for then-existing Services. In such event, Provider will waive the Termination Charge associated with the termination of the then-existing Services as long as: (i) the Fees payable to Provider in connection with the substitute Services are equal to or greater than the Fees of the discontinued Services; (ii) Customer commits to retain the substitute Services for a period equal to or greater than the remainder of the Service Term for the discontinued Services; (iii) Customer pays all applicable installation and other NRCs, if any, for provision of the substitute Services; and (iv) Customer reimburses Provider for all reasonable and documented engineering, installation and construction costs associated with the discontinued Services, calculated on a time and materials basis, that have not already been recovered by Provider by the time of the substitution.

ARTICLE 7 – CONFIDENTIAL INFORMATION

7.1 Definition of Confidential Information. “Confidential Information” shall mean all information, including the Agreement, regarding the telecommunications needs of Customer and the Services that Provider offers under the Agreement which is disclosed by one Party (“Disclosing Party”) to the other Party (“Receiving Party”), to the extent that such information is marked or identified as confidential or proprietary or would be reasonably deemed confidential or proprietary given the circumstances surrounding its disclosure. All written or oral pricing and contract proposals, as well as network maps or diagrams exchanged between the Parties shall be deemed Confidential Information, whether or not so designated. The fact that Customer is a customer of Provider shall not be deemed Confidential Information and may be freely disclosed by either Party. Information shall not be deemed Confidential Information if (i) it is independently developed by or for the Receiving Party, (ii) it is lawfully received by the Receiving Party free of any obligation to keep it confidential, (iii) it becomes generally available to the public other than by breach of the Agreement, or (iv) it was known to the Receiving Party prior to the Disclosing Party’s disclosure of same.

7.2 Obligations Regarding Confidential Information. Confidential Information is the property of the Disclosing Party and shall be returned to the Disclosing Party upon request. The Receiving Party shall hold all Confidential Information in confidence. The

MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER pg. 5 Astound Business Solutions, LLC / City of Concord 01/10/2024 Receiving Party: (i) shall use such Confidential Information only for the purposes of performing its obligations and/or enforcing its rights under the Agreement; (ii) shall reproduce such Confidential Information only to the extent necessary for such purposes; (iii) shall restrict disclosure of such Confidential Information to employees, contractors, advisors or consultants that have a need to know for such purposes (with disclosure to contractors, advisors and consultants being limited to contractors, advisors and consultants that have signed a non-disclosure agreement to protect the Confidential Information of third parties); (iv) shall not disclose Confidential Information to any third party without prior written approval of the Disclosing Party except as expressly provided in the Agreement or as required by law, by court order, by administrative order of an agency having jurisdiction, or in the enforcement of its rights under the Agreement; and (v) shall use at least the same degree of care (in no event less than reasonable care) as it uses with regard to its own proprietary or confidential information to prevent the disclosure, unauthorized use or publication of Confidential Information. In the event a Receiving Party is required to disclose Confidential Information of the Disclosing Party pursuant to law, court order or administrative order of an agency having jurisdiction, the Receiving Party will, if such notice is permitted by law, notify the Disclosing Party of the required disclosure with sufficient time for the Disclosing Party to seek judicial relief from the required disclosure, and reasonably cooperate with the Disclosing Party in any efforts the Disclosing Party may take to obtain protective measures in respect to the required disclosure. The Parties agree that breach of this Article 7 may cause irreparable injury for which monetary damages are not an adequate remedy; accordingly, each Party may seek injunctive relief and any other available equitable remedies to enforce the provisions of this Article 7.

7.3 California Public Records Act. Notwithstanding anything to the contrary contained elsewhere in this Article 7, the Parties understand and acknowledge that Customer is a governmental entity, and that California law limits the ability of Customer to shield from public disclosure any information given to Customer. Accordingly, the Parties agree to work together to avoid disclosures to Customer by Provider of confidential information which would result in economic loss or damage to Provider if such information were to be disclosed to third persons by Customer pursuant to a request submitted under the California Public Records Act, California Government Code §§ 6250 – 6276.48, or other similar public disclosure law. In the event that Customer receives a request pursuant to the Public Records Act (or other similar law) to disclose information identified by Provider in writing as confidential, Customer’s sole obligations to Provider shall be: (i) to promptly notify Provider; and (ii) to refrain from disclosing such records for a period of up to ten (10) business days to allow Provider an opportunity to seek legal protection against disclosure from a court of competent jurisdiction. Customer will not be required to withhold requested records beyond the ten (10) business days unless it may do so based on good faith reliance upon an exception to disclosure under the Public Records Act, or unless Customer is ordered to withhold disclosure by the order of a court having competent jurisdiction. Customer may, but shall not be required, to join in any legal proceedings relating to the requested disclosure unless required to do so by the court. In the event that Provider initiates legal proceedings, or Customer initiates legal proceedings or withholds requested records at Provider’s request, Provider shall indemnify and hold Customer harmless from and against all costs, attorneys’ fees, expenses, liabilities, damages or other liabilities Customer may incur due to the legal proceedings initiated at and/or Customer’s withholding of records at Provider’s request. Customer shall not be liable to Provider for any loss, cost or expense relating to the disclosure of requested records if Provider fails to obtain legal protection against disclosure and Customer releases the records in good faith.

ARTICLE 8 – LIMITATION OF LIABILITY

8.1 General Limitations. Provider shall not be liable for any loss or damage occasioned by a Force Majeure Event. Except as expressly provided to the contrary elsewhere in the Agreement, Provider’s aggregate liability for any and all causes and claims arising under the Agreement, whether based in contract, tort, warranty or otherwise shall be limited to the lesser of: (i) the actual direct damages sustained by Customer; or (ii) an amount equivalent to the total MRC received by Provider from Customer for the Service(s) at issue during the preceding twelve (12) month period.

8.2 Service Level Agreement. Should Provider fail, on any one or more occasions, to deliver any one or more Services to Customer in accordance with all of the terms and conditions contained in the applicable SLA, Customer’s sole and exclusive remedy for such failure shall be as set forth in the SLA. No such failure shall be considered a Default by Provider under the Agreement.

8.3 No Special Damages. EXCEPT FOR (i) EACH PARTY’S CONFIDENTIALITY OBLIGATIONS UNDER ARTICLE 7 ABOVE, (ii) EACH PARTY’S THIRD-PARTY INDEMNIFICATION OBLIGATIONS UNDER ARTICLE 9 BELOW, AND (iii) CLAIMS ARISING FROM A PARTY’S

INTENTIONAL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL,

SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR INCURRED IN CONNECTION

MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER pg. 6 Astound Business Solutions, LLC / City of Concord 01/10/2024 WITH A PARTY’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, INCLUDING, BY WAY OF EXAMPLE AND NOT

BY WAY OF LIMITATION, LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS

OPPORTUNITY, LOSS OF DATA OR COST OF PURCHASING REPLACEMENT SERVICES, EVEN IF THE OTHER PARTY HAD BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH SPECIAL DAMAGES.

8.4 Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PROVIDER MAKES NO WARRANTIES OR

REPRESENTATIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, EITHER IN FACT OR BY OPERATION OF LAW, AS TO THE

DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE OR USE OF ANY SERVICES PROVIDED PURSUANT TO THIS AGREEMENT.

8.5 Assumption of Risk. PROVIDER HAS NO CONTROL OVER AND EXPRESSLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY

WHATSOEVER FOR THE CONTENT OF ANY INFORMATION TRANSMITTED OR RECEIVED BY CUSTOMER THROUGH THE SERVICES, SERVICE INTERRUPTIONS ATTRIBUTABLE TO CUSTOMER’S NETWORK, ANY CUSTOMER EQUIPMENT FAILURES, OR ANY OTHER SUCH CAUSES, AND CUSTOMER USES THE SERVICES AT CUSTOMER’S OWN RISK. CUSTOMER SHALL BE RESPONSIBLE FOR THE SECURITY, CONFIDENTIALITY AND INTEGRITY OF INFORMATION CUSTOMER TRANSMITS OR RECEIVES USING ANY SERVICES.

ARTICLE 9 –INDEMNIFICATION FOR THIRD PARTY CLAIMS

9.1 Indemnification by Customer. Customer shall indemnify, defend and hold Provider and its members, managers, officers, agents and employees (collectively, the “Provider Indemnified Parties”) harmless from and against any and all claims, lawsuits or damages asserted against the Provider Indemnified Parties by any third-party to the extent the same arise out of or are due to:
(i) Customer’s negligence or willful misconduct in exercising its rights or performing its obligations under the Agreement; (ii) Customer’s noncompliance with or Default under the Agreement; and/or (iii) Customer’s failure to comply with applicable law in connection with its performance under the Agreement.

9.2 Indemnification by Provider. Provider shall indemnify, defend and hold Customer and its members, managers, officers, agents and employees (collectively, the “Customer Indemnified Parties") harmless from and against any and all claims, lawsuits or damages asserted against the Customer Indemnified Parties by any third-party to the extent the same arise out of or are due to: (i) Provider’s negligence or willful misconduct in exercising its rights and performing its obligations under the Agreement; (ii) Provider’s noncompliance with or Default under the Agreement; and/or (iii) Provider’s failure to comply with applicable law in connection with its performance under the Agreement.

9.3 Indemnification Procedures for Third-Party Claims. Should any third-party claim arise under this Article 9, the indemnified Party shall promptly notify the indemnifying Party of same in writing, and shall take such action as may be necessary to avoid default or other adverse consequences in connection with such claim. The indemnifying Party shall have the right to select counsel and to control the defense and settlement of such claim; provided, however, that the indemnified Party shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in handling the claim, and provided further, that the indemnifying party shall not take any action in defense or settlement of the claim that would negatively impact the indemnified Party without the consent of the indemnified Party. The indemnified Party shall reasonably cooperate with the indemnifying Party in the defense of the third-party claim, including making its files and personnel reasonably available to the indemnifying Party, all at the cost and expense of the indemnifying Party.

ARTICLE 10 – FORCE MAJEURE EVENTS
Neither Party shall be liable for any delay in or failure of performance hereunder (other than Customer’s payment obligations under Article 4) due to causes beyond such Party’s reasonable control including, but not limited to, acts of God, fire, flood, earthquake, ice storms, wind storms, or other sever weather events, explosion, vandalism, cable cut, terrorist acts, insurrection, riots or other civil unrest, national or regional emergency, unavailability of rights-of-way, a governmental authority’s failure to timely act, inability to obtain equipment, material or other supplies due to strike, lockout or work stoppage, or any law, order, regulation, direction, action or request of any civil or military governmental authority (each, a “Force Majeure Event”). If any Force Majeure Event causes an increase in the time required for performance of any of its duties or obligations, the affected Party shall be entitled to an equitable extension of time for completion. If the delay in performance caused by the Force Majeure Event exceeds thirty (30) days, either Party may terminate the Agreement or the applicable Service Order(s) immediately on

MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER pg. 7 Astound Business Solutions, LLC / City of Concord 01/10/2024 written notice to the other Party, without incurring any liability in connection with such termination.

ARTICLE 11 – DISPUTE RESOLUTION

11.1 Good Faith Negotiations. Except for actions seeking a temporary restraining order or injunction, in the event any controversy, disagreement or dispute (each, a “Dispute”) arises between the Parties in connection with this Agreement, the Parties shall use good faith efforts to resolve the Dispute through negotiation. In the event of a Dispute, either Party may give the other Party written notice of the Dispute (each, a “Dispute Notice”). The parties will meet and attempt to resolve the Dispute within sixty (60) days of the date on which the Dispute Notice is delivered. All discussions occurring and documents exchanged during negotiations under this Section are confidential and inadmissible for any purpose in any legal proceeding involving the Parties; provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation process. If the Parties do not resolve the Dispute within the sixty (60) day period, either of the Parties may pursue any remedy available to it under this Agreement, at law or in equity.

11.2 Governing Law. This Agreement and all matters arising out of this Agreement shall be governed by the laws of the State of California. Any judicial action arising in connection with this Agreement shall be in the Superior Court of the State of California in and for Contra Costa County, or in the Federal District Court for the Northern District of California, as applicable.

ARTICLE 12 – ASSIGNMENT AND ASSUMPTION
Except as otherwise provided in this Article 12, neither Party shall assign, delegate or otherwise transfer the Agreement or its obligations under the Agreement, in whole or in part, without the prior written consent of the other Party. Notwithstanding the foregoing, either Party may, without the necessity of obtaining the other Party’s consent, assign its interest in and to the Agreement to: (i) any entity acquiring such Party, whether by merger or through purchase of substantially all the assets of such Party; (ii) a lender as an asset securing indebtedness; or (iii) an Affiliate of such party; provided, that in the event of a transfer to an Affiliate, the transferring Party shall continue to remain liable for the obligations under the Agreement.

ARTICLE 13 – NOTICES
Unless otherwise provided elsewhere in the Agreement, any notice to be given to either Party under the Agreement will be in writing and directed to the addresses set forth below. Notices will be deemed received (i) the next business day, when sent by reliable, commercial overnight courier; (ii) three (3) business days after being sent by certified mail, postage prepaid and return receipt requested; (iii) when actually received, if sent by email during the business hours of 9:00 a.m. to 5:00 p.m. (recipient’s time). Notices received after 5:00 p.m. (recipient’s time) will be effective the next business day.

If to Provider:

Astound Business Solutions, LLC
650 College Road East, Suite 3100
Princeton, NJ 08540
ATTN: Business Solutions
If to Customer:

With a Copy to:

Astound Business Solutions, LLC
650 College Road East, Suite 3100
Princeton, NJ 08540
ATTN: Legal Department
With a Copy to:

Either Party may change its notice address by giving notice to the other Party in accordance with this Article.

ARTICLE 14 – REPRESENTATIONS AND COVENANTS
Each Party represents and covenants to the other as follows: (i) the execution and delivery of the Agreement and the performance of its obligations hereunder have been duly authorized; (ii) the Agreement is a valid and legal agreement binding

MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER pg. 8 Astound Business Solutions, LLC / City of Concord 01/10/2024 on such parties and enforceable in accordance with its terms; (iii) to the best of its knowledge and belief, it is in material compliance with all laws, rules and regulations and court and governmental orders related to the operation of its business; and (iv) it shall comply with all applicable laws and regulations when exercising its rights and performing its obligations under the Agreement.

ARTICLE 15 – MISCELLANEOUS

15.1 Entire Agreement; Interpretation. The Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof, and supersedes any and all prior oral or written agreements between the Parties regarding the subject matter contained herein. The Agreement may only be modified or supplemented by an instrument executed by an authorized representative of each Party. The Agreement and each of the terms and provisions of it are deemed to have been explicitly negotiated by the Parties, and the language in all parts of the Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either of the Parties. If any provision of the Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be found invalid or unenforceable, the remainder of the Agreement and the application of that provision to other persons or circumstances shall not be affected thereby, but shall instead continue in full force and effect.

15.2 No Waiver. No failure by either Party to enforce any rights hereunder will constitute a waiver of such rights. Nor shall a waiver by either Party of any particular breach or default constitute a waiver of any other breach or default or any similar future breach or default. Provider’s acceptance of any payment under the Agreement will not constitute an accord or any other form of acknowledgement or satisfaction that the amount paid is in fact the correct amount, and acceptance of a payment will not release any claim by Provider for additional amounts due from Customer.

15.3 Relationship; No Third Party Beneficiaries. The Agreement is a commercial contract between Provider and Customer and the relationship between the Parties is that of independent contractors. Nothing in the Agreement creates any partnership, principal- agent, employer-employee or joint venture relationship between the Parties or any of their Affiliates, agents or employees for any purpose. The Agreement is for the sole benefit of Provider and Customer and is not intended to confer any rights on any other person; there are no third party beneficiaries of the Agreement.

15.4 Exhibits. The following Exhibits, which are attached to this MSA, are incorporated herein and by this reference made a part of this MSA:

EXHIBIT A - Service Level Agreement for Lit Fiber Services EXHIBIT B - Service Level Agreement for Dark Fiber & Wavelength Services

15.5 Computation of Time. Except where expressly provided to the contrary, as used in the Agreement, the word “day” shall mean “calendar day,” and the computation of time shall include all Saturdays, Sundays and holidays for purposes of determining time periods specified in the Agreement. If the final date of any period of time set out in any provision of the Agreement falls upon a Saturday or a Sunday or a legal holiday, then in such event, the time of such period shall be extended to the next day that is not a Saturday, Sunday or legal holiday. As used in the Agreement, the term “business day” shall mean a day that is not a Saturday, Sunday or a legal holiday.

15.6 Counterparts; Electronic Signatures. This MSA and any Service Order entered into by the Parties pursuant to this MSA may be executed in multiple counterparts, each of which shall constitute an original, and all of which shall constitute one and the same instrument. Any executed documents sent to the other Party in portable document format (pdf) images via email will be considered the same as an original document. The Parties consent to the use of electronic signatures. [Signatures on following page.]

MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER pg. 9 Astound Business Solutions, LLC / City of Concord 01/10/2024 The Parties are signing this MSA as of the Effective Date set forth in the preamble above.

CUSTOMER:

By
Name:

Title:

PROVIDER:

Astound Business Solutions, LLC, a Delaware
limited liability company
By
Name:

Title:
[The remainder of this page is intentionally left blank.]

EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 10 Astound Business Solutions, LLC / City of Concord 03/15/2023

EXHIBIT A
to
Master Services Agreement for Enterprise Services
Service Level Agreement for Lit Fiber Services
This Service Level Agreement for Lit Fiber Services (this “SLA”) is a part of the Master Services Agreement for Enterprise Services – Governmental Customer (“MSA”) between Astound Business Solutions, LLC (“Astound”) and Customer. Unless otherwise provided in the applicable Service Order, this SLA applies to the following types of lit fiber Services provided by Astound pursuant to the MSA: (a) dedicated Internet access services, (b) Ethernet transport services, and (c) voice services, including hosted voice.

1. AVAILABILITY SLA
Astound’s Network is designed to provide a target Availability of at least 99.99% per month. If the Availability target is not achieved in a given calendar month, Customer shall be entitled to the remedies set forth in the table below, which must be claimed as described in this SLA.

Target Availability Duration of Service Outage Customer Credit as % of MRC for the applicable Circuit*

99.99% Availability
Less than 4 minutes 20 seconds Target Met
4 min. 20 sec. up to 2 hours 5%
> 2 hour up to 6 hours 10%
> 6 hours up to 12 hours 20%
> 12 hours up to 24 hours 35%
> 24 hours 50%
*Customer credits for Unavailability are calculated on an individual circuit basis, and the amount of any credit is based on the portion of MRC allocable to the affected circuit.

2. MEAN TIME TO RESTORE (“MTTR”) SLA
In the event of Outages in Services due to failure or malfunction of the Astound Network or Astound Equipment, Astound’s CNOC is designed to provide a MTTR of 6 hours or less. If the target MTTR is not met for a particular circuit in a given calendar month, and Customer receives a Service from Astound on the circuit at issue, then Customer shall be entitled to remedies set forth in the table below, which must be claimed as described in this SLA.

Target MTTR Actual MTTR
Customer Credit
as % of MRC for the
applicable Circuit
6 hr MTTR
≤ 6 Hrs. Target Met
> 6 Hrs. to 10 Hrs. 5%
> 10 Hrs. to 18 Hrs. 10%
> 18 Hrs. 20%

3. PACKET DELIVERY/PACKET LOSS SLA
The Astound Network is designed to provide no greater than 0.1% Packet Loss. If the Packet Loss target is not achieved in a given calendar month, Customer shall be entitled to the remedies set forth in the table below, which must be claimed as described in this SLA. Customer credits for average monthly Packet Loss are calculated on an individual circuit basis, and the amount of any credit is based on the portion of MRC allocable to the affected circuit.

EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 11 Astound Business Solutions, LLC / City of Concord 03/15/2023 Target Maximum
Packet Loss
Actual Packet Loss
(lower end – upper end)
Customer Credit
as % of MRC for the
applicable Circuit
≤ 0.1% Packet Loss
0% - 0.1% Target Met
> 0.1% - 0.4% 5%
> 0.4% - 0.7% 10%
> 0.7% - 1.0% 25%
> 1.0% 50%

4. LATENCY SLA
The Astound Network is designed to provide a monthly average one-way Latency not to exceed the following:
• For “Local Market” distances of ≤ 75 miles = 10 ms
• For “Inter-Market” distances of between 76 – 750 miles = 20 ms • For “Long-Haul” distances of > 750 miles = 50 ms
If the applicable Latency target is not achieved in a given month and Astound does not remedy the problem within fifteen (15) calendar days from the date on which Customer opens a Trouble Ticket with the Astound CNOC regarding excessive Latency, Customer shall be entitled to the remedies set forth in the table below, which must be claimed as described in this SLA.

Target
Local Market
Latency
Target
Inter-Market
Latency
Target
Long-Haul
Latency
Actual One-Way
Latency
(lower end - upper end)
Customer Credit
as % of MRC for
the applicable
Circuit
10 ms or less 20 ms or less 50 ms or less
≤ Target Latency Target Met
> Target up to 8 ms over Target 5%
> 8 ms up to 15 ms over Target 10%
> 15 ms up to 20 ms over Target 25%
> 20 ms over Target 50%

5. NETWORK JITTER SLA
The Astound Backbone Network is designed to have a monthly average one-way Network Jitter not to exceed the following:
• For Local Market distances of ≤ 75 miles = 2 ms
• For Inter-Market distances of between 76 – 750 miles = 5 ms • For Long-Haul distances of > 750 miles = 15 ms
If the applicable Network Jitter target is exceeded in a given calendar month, Customer will be entitled to a credit of 1/30th of the MRC of the affected circuit for that month for each full 1ms of Network Jitter above the Network Jitter target set forth above. Any such credit must be claimed as described in this SLA.

6. CHRONIC OUTAGE
If Customer experiences a Chronic Outage with respect to a Service, Customer shall have the right to elect either of the following remedies, which must be claimed as described in this SLA: (i) substitute a different Service or a different circuit/path for the Service and circuit/path that experienced the Chronic Outage without incurring any Termination Charge or installation fees; or (ii) terminate the affected Service for the circuit/path that experienced the Chronic Outage without incurring any Termination Charge.

7. DEFINITIONS
For purposes of this SLA the following terms shall have the meanings set forth below.

EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 12 Astound Business Solutions, LLC / City of Concord 03/15/2023 “Astound Backbone Network” means Astound’s core fiber backbone that connects Astound’s POPs and regional hubs. “Astound’s Commercial Network Operations Center” or “Astound’s CNOC” means Astound’s commercial network operations center, which is staffed 24x7x365.
“Astound Network” means all equipment, facilities and infrastructure that Astound uses to provide Services to Customer, and includes Customer’s access port. The “Astound Network” does not include Customer owned or leased equipment (unless leased from Astound), or any portion of Customer’s local area network after the demarcation point for the Services provided by Astound. “Availability” means the ability of Customer to exchange Ethernet packets with the Astound Network via Customer’s router port.

Availability is measured in minutes of uptime over the calendar month during which the Services are Available:
% Availability = (Total Minutes in Month – Total Minutes of Unavailability in Month) (per calendar month) Total Minutes in Month
For Ethernet Transport Services and VoIP Services, Availability is calculated at the individual circuit level, between Astound’s Backbone Network and the Customer’s router port. For Dedicated Internet Access Services, Availability is calculated from the Customer’s router port through the Astound Network to the handoff point for the Internet. Dedicated Internet Access Service Availability does not include the availability of the Internet itself or any particular Internet resource. Periods of Excused Outage are not included in Availability metrics.
“Chronic Outage” means a series of three (3) or more Service Outages affecting the same Service on the same circuit during a given calendar month, each of which has an actual time to restore “TTR” in excess of Astound’s targeted MTTR. “Emergency Maintenance” means Astound’s efforts to correct conditions on the Astound Network that are likely to cause a material disruption to or outage in services provided by Astound and which require immediate action. Emergency Maintenance may degrade the quality of the Services provided to Customer, including possible outages. Any such outages are Excused Outages that will not entitle Customer to credits under this SLA. Astound may undertake Emergency Maintenance at any time Astound deems necessary and will provide Customer with notice of such Emergency Maintenance as soon as commercially practicable under the circumstances.
“Excused Outage” means any disruption to or unavailability of Services caused by or due to (i) Scheduled Maintenance, (ii) Emergency Maintenance, or (iii) circumstances beyond Astound’s reasonable control, such as, by way of example only, Force Majeure Events, acts or omissions of Customer or Customer’s agents, licensees or end users, electrical outages not caused by Astound, or any failure, unavailability, interruption or delay of third-party telecommunications network components the use of which are reasonably necessary for Astound’s delivery of the Services to Customer. “Jitter” or “Network Jitter” refers to a variation in the interval at which packets are received, also described as the variability in Latency as measured in the variability over time of the packet Latency across a network. Jitter is calculated as an aggregate average monthly metric measured by Astound across the Astound Backbone Network between a sample of Astound POPs. Local access loops are not included. Periods of Excused Outage are not included in Jitter metrics. “Latency” means how much time it takes, measured in milliseconds, for a packet of data to get from one designated point on Astound’s Network to another designated point on Astound’s Network. Latency is calculated as an aggregate average monthly metric measured by Astound across the Astound Backbone Network between a sample of Astound POPs. Local access loops are not included. Periods of Excused Outage are not included in Latency metrics. “Mean Time to Restore” or “MTTR” means the average time required to restore the Astound Network to a normally operating state in the event of an Outage. MTTR is calculated on a circuit basis, as a monthly average of the time it takes Astound to repair all Service Outages on the specific circuit. MTTR is measured from the time an Outage related Trouble Ticket is generated by the Astound CNOC until the time the Service is again Available. The cumulative length of Service Outages per circuit is divided by the

EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 13 Astound Business Solutions, LLC / City of Concord 03/15/2023 number of Trouble Tickets in the billing month to derive the monthly MTTR per circuit:

MTTR in Hrs = Cumulative Length of Service Outages Per Month Per Circuit (per calendar month) Total Number of Trouble Tickets for Service Outages Per Month Per Circuit Periods of Excused Outage are not included in MTTR metrics. “Outage” means a disruption in the Service making the Service completely unavailable to Customer that is not an Excused Outage.

For purposes of SLA-related credits and remedies, the period of unavailability begins when an Outage-related Trouble Ticket is opened by the Customer and ends when the connection is restored, as measured by Astound. Unavailability does not include periods of Service degradation, such as slow data transmission. “Packet Loss” means the unintentional discarding of data packets in a network when a device (e.g., switch, router, etc.) is overloaded and cannot accept any incoming data. Packet Loss is calculated as aggregate average monthly metric measured by Astound across the Astound Backbone Network between a sample of Astound POPs. Local access loops are not included. Periods of Excused Outage are not included in Packet Loss metrics. “Scheduled Maintenance” means any maintenance of the portion of the Astound Network to which Customer’s router is connected that is performed during a standard maintenance window (1:00AM – 6:00AM Local Time). Customer will be notified via email at least forty-eight (48) hours in advance of any scheduled maintenance that is likely to affect Customer’s Service. “Trouble Ticket” means a trouble ticket generated through the Astound CNOC upon notification of a Service-related problem.

Trouble Tickets may be generated by Astound pursuant to its internal network monitoring process, or by Customer’s reporting of a problem to the Astound CNOC. In order for Customer to be eligible for credits or remedies under this SLA, Customer must contact the Astound CNOC and open a Trouble Ticket regarding the problem; Trouble Tickets generated internally by Astound will not provide a basis for Customer credits or Chronic Outage remedies.

8. CLAIMING CREDITS AND REMEDIES

8.1 Requesting SLA Related Credits and Chronic Outage Remedies. To be eligible for any SLA-related Service credit or Chronic Outage remedy, Customer must be current in its financial obligations to Astound. Credits are exclusive of any applicable taxes charged to Customer or collected by Astound.
(i) To claim SLA-related Service credits, Customer must do the following:
(a) Open a Trouble Ticket with the Astound CNOC within twenty-four (24) hours of the occurrence giving rise to the claimed credit(s);
(b) Submit a written request for the credit(s) to Customer’s account manager within fifteen (15) days after the end of the calendar month in which the incident giving rise to the credit(s) occurred; and
(c) Provide the following documentation when requesting the credit(s):
• Customer name and contact information;
• Trouble Ticket number(s);
• Date and beginning/end time of the claimed Outage or failed SLA metric; • Circuit IDs for each pertinent circuit/path; and
• Brief description of the characteristics of the claimed Outage or failed SLA metric. (ii) To claim remedies for a Chronic Outage under this SLA, Customer must do the following:
(a) Open a Trouble Ticket regarding the Chronic Outage with the Astound CNOC within seventytwo (72) hours of the last Outage giving rise to the claimed remedy; (b) Submit a written request for a remedy regarding the Chronic Outage to Customer’s account

EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 14 Astound Business Solutions, LLC / City of Concord 03/15/2023 manager within thirty (30) days of the end of the calendar month in which the Chronic Outage occurred; and
(c) Provide the following documentation when requesting the remedy:
• Customer name and contact information;
• Type of remedy requested (e.g., substitution or termination); • Trouble Ticket numbers for each individual Outage event; • Date and beginning/end time of each of the claimed Outages; • Trouble Ticket number for the Chronic Outage at issue; • Circuit IDs for each pertinent circuit/path; and
• Brief description of the characteristics of the claimed Chronic Outage.

If Customer fails to timely submit, pursuant to the procedure described in this Section, a request for any SLA-related credit or Service Outage remedy for which Customer might otherwise be eligible under this SLA, Customer shall be deemed to have waived its right to receive such credit or remedy. The credits and remedies provided by this SLA are Customer’s sole and exclusive remedies for any and all claims or complaints regarding the quality and/or availability of any of the Services to which this SLA applies.

8.2 Astound’s Evaluation of Claims. All claims for SLA-related credits and remedies for Chronic Outages are subject to evaluation and verification by Astound. Upon receiving a claim for SLA-related credit and/or remedies for Chronic Outage, Astound will evaluate the claim and respond to Customer within thirty (30) days. If Astound requires additional information in order to evaluate Customer’s claim, Astound will notify Customer by email specifying what additional information is required.

Customer will have fifteen (15) days from the date on which it receives Astound’s request for additional information in which to provide the requested information to Astound. If Customer fails to provide the additional information within that time period, Customer will be deemed to have abandoned its claim. Astound will promptly notify Customer of Astound’s resolution of each Customer claim. If Customer’s claim for an SLA-related credit or Chronic Outage remedy is rejected, the notification will specify the basis for the rejection. If Customer’s claim for a credit is approved, Astound will issue the credit to Customer’s account, to appear on the next monthly invoice. If Customer’s claim for a Chronic Outage remedy is approved, Astound will notify Customer of the date on which the requested substitution or termination will occur. Astound’s determination regarding whether or not an SLA has been violated shall be final.

8.3 Limitations and Exclusions. Total credits for any given calendar month shall not exceed 100% of the MRC for the affected Service. Credits shall not be cumulative with respect to any given incident; instead, if multiple SLAs are violated during a single incident, Customer shall be entitled only to the largest applicable credit amount. This SLA will not apply and Customer will not be entitled to any credit under this SLA for any impairment of Services that is caused by or due to any of the following: (i) the acts or omissions of Customer, its agents, employees, contractors, or Customer’s end users, or other persons authorized by Customer to access, use or modify the Services or the equipment used to provide the Services, including Customer’s use of the Service in an unauthorized or unlawful manner; (ii) the failure of or refusal by Customer to reasonably cooperate with Astound in diagnosing and troubleshooting problems with the Services; (iii) scheduled Service alteration, maintenance or implementation; (iv) the failure or malfunction of network equipment or facilities not owned or controlled by Astound or Astound’s Affiliates; (v) Force Majeure Events; (vi) Astound’s inability (due to no fault of Astound) to access facilities or equipment as reasonably required to troubleshoot, repair, restore or prevent degradation of the Service; (vii) Astound’s termination of the Service for cause, or as otherwise authorized by the Agreement; or (viii) Astound’s inability to deliver Service by Customer’s desired due date. [The remainder of this page is intentionally left blank.]

EXHIBIT B: SERVICE LEVEL AGREEMENT FOR DARK FIBER & WAVELENGTH SERVICES pg. 15 Astound Business Solutions, LLC / City of Concord 03/15/2023

EXHIBIT B
to
Master Services Agreement for Enterprise Services
Service Level Agreement for Dark Fiber & Wavelength Services This Service Level Agreement for Dark Fiber & Wavelength Services (this “SLA”) is a part of the Master Services Agreement for Enterprise Services – Governmental Customer (“MSA”) between Astound Business Solutions, LLC (“Astound”) and Customer.

Unless otherwise provided in the applicable Service Order, this SLA applies to the following types of Services provided by Astound pursuant to the MSA: (i) dark fiber services, and (ii) wavelength services.

1. AVAILABILITY SLA
Astound’s dark fiber paths and wavelengths are designed to provide a target Availability of at least 99.9% per calendar month. If the Availability target is not met with respect to a given dark fiber path or wavelength in a given calendar month, Customer will be entitled to a credit in the amount set forth below, which must be claimed as described in this SLA. Customer credits for Outages of dark fiber or wavelength Services are calculated on an individual path basis, and the amount of any credit is based on the portion of MRC allocable to the affected Service.

Duration of Unavailability
Customer Credit
as % of MRC for the
applicable Service
Less than 45 minutes Target Met
45 Min. up to 8 hours 5%
> 8 hours up to 16 hours 10%
> 16 hours up to 24 hours 20%
> 24 hours 35%

2. MEAN TIME TO RESTORE (“MTTR”) SLA
In the event of Outages in the Services, Astound’s CNOC is designed to provide a MTTR of no greater than 6 hours. If the target MTTR is not met for a particular dark fiber path or wavelength in a given calendar month, and Customer receives a Service from Astound on the path at issue, then Customer shall be entitled to remedies set forth in the table below, which must be claimed as described in this SLA.

Target MTTR Actual MTTR
Customer Credit
as % of MRC for the
applicable Service
6 hr MTTR
≤ 6 Hrs. Target Met
> 6 Hrs. to 10 Hrs. 5%
> 10 Hrs. to 18 Hrs. 10%
> 18 Hrs. 20%

3. CHRONIC OUTAGE
If Customer experiences a Chronic Outage with respect to a Service, Customer shall have the right to elect either of the following remedies, which must be claimed as described in this SLA: (i) substitute a different Service or a different path for the Service that experienced the Chronic Outage without incurring any Termination Charge or installation fees; or (ii) terminate the affected Service for the path that experienced the Chronic Outage without incurring any Termination Charge.

EXHIBIT B: SERVICE LEVEL AGREEMENT FOR DARK FIBER & WAVELENGTH SERVICES pg. 16 Astound Business Solutions, LLC / City of Concord 03/15/2023

4. DEFINITIONS
For purposes of this SLA the following terms shall have the meanings set forth below. “Astound’s Commercial Network Operations Center” or “Astound’s CNOC” means Astound’s commercial network operations center, which is staffed 24x7x365.
“Astound Network” means all equipment, facilities and infrastructure that Astound uses to provide Services to Customer, and includes Customer’s access port. The “Astound Network” does not include Customer owned or leased equipment (unless leased from Astound), or any portion of Customer’s local area network after the demarcation point for the Services provided by Astound. “Availability” means the dark fibers or the wavelength at issue is available to and accessible by Customer at the specified locations, is capable of transmitting signals and can otherwise be used by Customer. Availability does not involve the quality of data transmission. Periods of Excused Outage are not included in the Availability metric. Astound does not monitor the use or availability of dark fiber or wavelength Services, thus any Outage must be reported to Astound by Customer. “Chronic Outage” means a series of three (3) or more Service Outages affecting the same Service on the path during a given calendar month, each of which has an actual time to restore “TTR” in excess of Astound’s targeted MTTR. “Emergency Maintenance” means Astound’s efforts to correct conditions on the Astound Network that are likely to cause a material disruption to or outage in Services provided by Astound and which require immediate action. Emergency Maintenance may degrade the quality of the Services provided to Customer, including possible outages. Any such outages are Excused Outages that will not entitle Customer to credits under this SLA. Astound may undertake Emergency Maintenance at any time Astound deems necessary and will provide Customer with notice of such Emergency Maintenance as soon as commercially practicable under the circumstances.
“Excused Outage” means any disruption to or unavailability of Services caused by or due to (i) Scheduled Maintenance, (ii) Emergency Maintenance, or (iii) circumstances beyond Astound’s reasonable control, such as, by way of example only, Force Majeure Events, acts or omissions of Customer or Customer’s agents, licensees or end users, electrical outages not caused by Astound, or any failure, unavailability, interruption or delay of third-party telecommunications network components the use of which are reasonably necessary for Astound’s delivery of the Services to Customer. “Mean Time to Restore” or “MTTR” means the average time required to restore the Service(s) to a normally operating state in the event of an Outage. MTTR is calculated on a path/route basis, as a monthly average of the time it takes Astound to repair all Service Outages on the specific path/route. MTTR is measured from the time Customer opens an Outage related Trouble Ticket is with the Astound CNOC until the time the Service is again Available. The cumulative length of Service Outages per circuit is divided by the number of Trouble Tickets in the billing month to derive the monthly MTTR per circuit:

MTTR in Hrs = Cumulative Length of Service Outages Per Month Per Circuit (per calendar month) Total Number of Trouble Tickets for Service Outages Per Month Per Circuit Periods of Excused Outage are not included in MTTR metrics. “Outage” means a disruption in the Service making the Service completely unavailable to Customer that is not an Excused Outage.

For purposes of SLA-related credits and remedies, the period of unavailability begins when an Outage-related Trouble Ticket is opened by the Customer and ends when the connection is restored, as measured by Astound. Unavailability does not include periods of Service degradation, such as slow data transmission. “Scheduled Maintenance” means any maintenance of the portion of the Astound Network to which Customer’s demarc is connected that is performed during a standard maintenance window (1:00AM – 6:00AM Local Time). Customer will be notified via email at least forty-eight (48) hours in advance of any scheduled maintenance that is likely to affect Customer’s Service.

EXHIBIT B: SERVICE LEVEL AGREEMENT FOR DARK FIBER & WAVELENGTH SERVICES pg. 17 Astound Business Solutions, LLC / City of Concord 03/15/2023 “Trouble Ticket” means a trouble ticket generated through the Astound CNOC upon notification of a Service-related problem. In order for Customer to be eligible for credits or remedies under this SLA, Customer must contact the Astound CNOC and open a Trouble Ticket regarding the problem.

5. CLAIMING CREDITS AND REMEDIES

5.1 Requesting SLA Related Credits and Chronic Outage Remedies. To be eligible for any SLA-related Service credit or Chronic Outage remedy, Customer must be current in its financial obligations to Astound. Credits are exclusive of any applicable taxes charged to Customer or collected by Astound.
(i) To claim SLA-related Service credits, Customer must do the following:
(a) Open a Trouble Ticket with the Astound CNOC within twenty-four (24) hours of the occurrence giving rise to the claimed credit(s);
(b) Submit a written request for the credit(s) to Customer’s account manager within fifteen (15) days after the end of the calendar month in which the incident giving rise to the credit(s) occurred; and
(c) Provide the following documentation when requesting the credit(s):
• Customer name and contact information;
• Trouble Ticket number(s);
• Date and beginning/end time of the claimed Outage or failed SLA metric; • Circuit IDs for each pertinent circuit/path; and
• Brief description of the characteristics of the claimed Outage or failed SLA metric. (ii) To claim remedies for a Chronic Outage under this SLA, Customer must do the following:
(a) Open a Trouble Ticket regarding the Chronic Outage with the Astound CNOC within seventytwo (72) hours of the last Outage giving rise to the claimed remedy; (b) Submit a written request for a remedy regarding the Chronic Outage to Customer’s account manager within thirty (30) days of the end of the calendar month in which the Chronic Outage occurred; and
(c) Provide the following documentation when requesting the remedy:
• Customer name and contact information;
• Type of remedy requested (e.g., substitution or termination); • Trouble Ticket numbers for each individual Outage event; • Date and beginning/end time of each of the claimed Outages; • Trouble Ticket number for the Chronic Outage at issue; • Circuit IDs for each pertinent circuit/path; and
• Brief description of the characteristics of the claimed Chronic Outage.

If Customer fails to timely submit, pursuant to the procedure described in this Section, a request for any SLA-related credit or Service Outage remedy for which Customer might otherwise be eligible under this SLA, Customer shall be deemed to have waived its right to receive such credit or remedy. The credits and remedies provided by this SLA are Customer’s sole and exclusive remedies for any and all claims or complaints regarding the quality and/or availability of any of the Services to which this SLA applies.

5.2 Astound’s Evaluation of Claims. All claims for SLA-related credits and remedies for Chronic Outages are subject to evaluation and verification by Astound. Upon receiving a claim for SLA-related credit and/or remedies for Chronic Outage, Astound will evaluate the claim and respond to Customer within thirty (30) days. If Astound requires additional information in order to evaluate Customer’s claim, Astound will notify Customer by email specifying what additional information is required.

Customer will have fifteen (15) days from the date on which it receives Astound’s request for additional information in which to provide the requested information to Astound. If Customer fails to provide the additional information within that time period,

EXHIBIT B: SERVICE LEVEL AGREEMENT FOR DARK FIBER & WAVELENGTH SERVICES pg. 18 Astound Business Solutions, LLC / City of Concord 03/15/2023 Customer will be deemed to have abandoned its claim. Astound will promptly notify Customer of Astound’s resolution of each Customer claim. If Customer’s claim for an SLA-related credit or Chronic Outage remedy is rejected, the notification will specify the basis for the rejection. If Customer’s claim for a credit is approved, Astound will issue the credit to Customer’s account, to appear on the next monthly invoice. If Customer’s claim for a Chronic Outage remedy is approved, Astound will notify Customer of the date on which the requested substitution or termination will occur. Astound’s determination regarding whether or not an SLA has been violated shall be final.

5.3 Limitations and Exclusions. Total credits for any given calendar month shall not exceed 100% of the MRC for the affected Service. Credits shall not be cumulative with respect to any given incident; instead, if multiple SLAs are violated during a single incident, Customer shall be entitled only to the largest applicable credit amount. This SLA will not apply and Customer will not be entitled to any credit under this SLA for any impairment of Services that is caused by or due to any of the following: (i) the acts or omissions of Customer, its agents, employees, contractors, or Customer’s end users, or other persons authorized by Customer to access, use or modify the Services or the equipment used to provide the Services, including Customer’s use of the Service in an unauthorized or unlawful manner; (ii) the failure of or refusal by Customer to reasonably cooperate with Astound in diagnosing and troubleshooting problems with the Services; (iii) scheduled Service alteration, maintenance or implementation; (iv) the failure or malfunction of network equipment or facilities not owned or controlled by Astound or Astound’s Affiliates; (v) Force Majeure Events; (vi) Astound’s inability (due to no fault of Astound) to access facilities or equipment as reasonably required to troubleshoot, repair, restore or prevent degradation of the Service; (vii) Astound’s termination of the Service for cause, or as otherwise authorized by the Agreement; or (viii) Astound’s inability to deliver Service by Customer’s desired due date. [The remainder of this page is intentionally left blank.]

Staff Report
Date: June 25, 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: Considering adoption of a Resolution updating the City of Concord's Records Retention Schedule and authorizing the destruction of obsolete records, and approval to convert City Policy & Procedure No. 26, Records and Information
Management to an Administrative Directive.

Report in Brief
The City of Concord adopted its current Records Retention Schedule on January 27, 2015. Since the adoption thereof, there have been changes in laws and regulations, including the legal citations that govern the retention of various records, necessitating an update to the Records Retention Schedule.

The City’s Policy & Procedure No. 26, Records and Information Management, was last updated in January 2015 in conjunction with the adoption of the current Records Retention Schedule. Staff proposes converting the policy to an Administrative Directive, because the intent of the document is to define the requirements for managing the records and information assets of the City in compliance with laws, regulations, and business operational requirements, and doing so will streamline updates as they become necessary.

Recommended Action
Adopt a Resolution updating the City of Concord’s Records Retention Schedule and authorizing the destruction of obsolete records, and conversion of City Policy & Procedure No. 26, Records and Information Management, to an Administrative Directive.

4.h

City Council Agenda Report
Agenda Item No. 4.h
June 25, 2024
Background
A City’s Records Retention Schedule provides the legal authority to dispose of specified records that no longer have administrative, legal, fiscal or historical value and, by law, are eligible for destruction. Retention schedules should be reviewed on a regular basis and updated accordingly to ensure all legal citations are current and that all classifications of records are included in the retention schedule.

In January 2015, the City Council approved the adoption of a new Records Retention Schedule which is focused on common retention periods, has as few categories as feasible, reduced redundancy, and is focused on “official” records. The retention schedule aligns with the City’s Electronic Content Management System (ECMS), which was approved in December 2014, and allows for better management of “digitally born” documents. Since the adoption of the Records Retention Schedule in 2015 there have been changes in laws and regulations, therefore, not all legal citations in the Retention Schedule are current and therefore an update is required.

In the City of Concord, Council adopts all Policies and Procedures and must take action to amend them when necessary as well. Administrative Directives are issued by the City Manager and cover matters that relate to the day-to-day operations of the City.

Amendments of Administrative Directives are under the authority of the City Manager.

Analysis
Staff has updated the Retention Schedule including the retention periods for each record series based on the appropriate legal authorities, in adherence to new laws and regulations and to ensure all legal citations are current. Additionally, each department was given the opportunity to review and incorporate any administrative changes into their categories, and to ensure all classifications of records are included. The updated Records Retention Schedule has been reviewed and approved by the City Attorney.

In preparing to incorporate the necessary changes to the current Records Retention Schedule in adherence to the current Policy & Procedure No. 26, Records and Information Management, the City Attorney and City Clerk recognized that the content of the Policy relates to day-to-day administration of the City and was better suited to be an Administrative Directive.

The City’s records and information management policy was last updated in January 2015. Attachment 2 is a draft version of the policy re-formatted as an Administrative Directive.

Public Contact
The City Council Agenda was posted.

City Council Agenda Report
Agenda Item No. 4.h
June 25, 2024
Attachments

1. Resolution Adopting a Records Retention Schedule Update Exhibit A – Records Retention Schedule

2. Draft City of Concord Administrative Directive, Records and Information Management

Res No. 24-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Adopting a Records Retention Schedule
Update and Authorizing Destruction of Obsolete City
Records
Resolution No. 24-XX
/
WHEREAS, Section 34090 of the Government Code of the State of California provides procedure whereby any City record which has served its purpose and is no longer required may be destroyed; and
WHEREAS, the State of California has adopted guidelines for retention period for various government records; and
WHEREAS, the City of Concord has established Administrative Directive No. XX to set forth a Records and Information Management Program that complies with California law and establishes a comprehensive Records Retention Schedule and guidelines for sound records and information management practices; and
WHEREAS, the City Clerk’s office worked with a consultant to update the Records Retention Schedule (Exhibit A) to comply with changing laws and regulations including updating legal citations set forth within the Records Retention Schedule.

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

Section 1. Rescind Resolution No. 15-5, which adopted the previous version of the Citywide Records Retention Schedule.

Section 2. The Council hereby authorizes the head of each department to maintain and destroy records of the City of Concord in accordance with the City’s Records Retention Schedule, the current version dated June 25, 2024, attached hereto and incorporated herein by reference, subject to the written approval of the City Attorney prior to any proposed destruction, and subject further to Administrative Directive No. XX and any guidelines or procedures the City Clerk may from time to time promulgate thereunder.

Attachment 1

Res No. 24-XX 2
Section 3. The City Clerk and the City Attorney may update or modify the Records Retention Schedule as required to accommodate new laws or administrative changes.

Section 4. The term “record” as used herein is defined as “public record” and shall include any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics pursuant to Government Code Section 7920.530.

Section 5. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on June 25, 2024, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 24-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on June 25, 2024.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Thomas S. Capriola
Senior Assistant City Attorney
Attachment: Exhibit A – Records Retention Schedule

City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record 001 All Departments Audits (Internal, External) Records and information related to preparation and follow up on auditing activities, including reviewing and documenting operational, compliance, or financial information created as a part of an audit.

Audit Files, Plans
Audit Schedules
Confirmation Letters
General Purpose Financial Audits, Single Audits
Improvement Plans
Investigations, Workpapers
Management Responses
Observations
Recommendations
Remediation Plans / Results
Responses
AU*+7Y CA - GOV 34090 - (2Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 8546.7 - (CL+3Y)
US - 26 CFR 1.1461-2 - (CU+1Y)
US - 26 CFR 31.6001-1(e)(2) -
(CU+4Y)
US - 26 USC 6531 - (LA6Y)
* Closure of audit Multiple
002 All Departments Building, Property Management Records and information regarding the structure of City physical buildings and facilities.

As-Built Blueprints
Construction Records
Electrical Wiring Schematics
Floor Plans
Property Inventory
LI*+10Y CA - CCP 337.1 - (LA4Y)
CA - CCP 337.15 - (LA10Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - HSC 19850 - (LI)
* LI = Life of Building, Asset PW
003 All Departments Business Continuity All documentation of City activities for dealing with disasters and/or system failures.

Assistance Applications (Federal, State )
Business Continuity Plans
Disaster Preparedness
Disaster Recovery Plan
Drill Records
Emergency Contact Lists, Employee Lists, Roster of Workers Emergency Evacuation Procedures
Emergency Operations Center
Emergency Preparedness
Emergency Response
Emergency Services
Hazardous Materials Response Planning
School Violence
Search and Rescue
Telephone Trees
Terrorism
S+5Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
US - 24 CFR 91.105(h) - (5Y)
US - 29 CFR 97.42(b) - (3Y)
PW
004 All Departments Community Outreach, Media and
Public Relations
External-facing communications, advertising and press relations materials, including documentation of outreach activities/events held in cooperation or for the benefit of the local community.

Brochures
FAQs
Mailers
Media Packets, Releases, Kits
News, Newsletters, Press Releases
Press Kits
Promotional Materials
Public / Media Inquiries
Public Information / Outreach / Education
Publications Produced by the City
Publicity Files
Social Media Documentation
Special Events (includes applications and alcoholic beverage requests*)
CU+4Y CA - CCP 337 - (LA4Y)
CA - GOV 8546.7 - (CL+3Y)
CA - GOV 34090 - (2Y)
* Alcoholic beverage applications are
reviewed and approved by the Police
Department.

Multiple
AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 5/6/2024 Page 1 of 33
Exhibit A to Attachment 1

City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 005 All Departments Department Administration General internal administrative records of City departments, including:
- Documentation of department activities
- Routine reports generated by the City
- Information captured on a log or a list
- Correspondence, memos, notes and emails that do not require acknowledgment and do not pertain to another category
City Generated Routine Studies / Reports
CIP Utility Company Documents and Correspondence
Correspondence
Department Administrative Documents (calendars, committees, goals, objectives, meeting agendas, meeting minutes, meeting tapes/recording, plans )
Employee Communication Letters (announcements, new
programs, notices )
Form Letters
General Plan Working Documents (correspondence to council ) General Reporting
In-House Committees / Employee Committees
Inactive Records Storage Information
Indexes
Lists (department contacts, telephone directories, mailing ) Logs (case number, daily DR#, subpoenas received )
Office Files, Office Manager Files
Tax Cancellations
Volunteer Programs
AC+2Y CA - GOV 34090 - (2Y) Multiple
006 All Departments Historical Documents, Events,
Memorabilia, Collections, Artifacts
Records and information documenting the history and significant milestones of the City including dedications, ribbon-cuttings, grand openings, and groundbreaking ceremonies.

Annual Budget Documents (includes Treasurer's Report, CIP Report) Annual Reports
Annual Comprehensive Financial Report (ACFR)
Audit Reports, Year-end, Final
Biographies of Public Officials, Agency Heads
CCRP Plan
CDBG HUD Reports (annual action plan, consolidated annual performance evaluation report, consolidated 5-Year plan) Census Information
Certificates of Participation (ABAG)
City Generated Historical Studies / Reports
City Publications (brochures, newsletters)
Crime Statistics (annual)
Demographics
Executive, City Official Communications, Speeches, Videos Historic Districts
Historical Designations. Landmarks, Parks, Preservation Historical Elections
Historical Events, Artifacts, Architecture, Designations, Projects Historical Funding Database (grants received from all funding sources) List of Elected Officials and Board/Commission Appointments List of Historic Properties
Media Releases
Newspaper Clippings
Picture/Photo Collections
Police General Orders
Organization Charts
Redevelopment Plans (including amendments)
Registered Logos
Scrapbooks
Significant News Clippings, Releases
Sister City Program
Trees (Heritage Designations, Memorial Plantings)
Website Content
PR CA - GOV 34090 - (2Y)
US - 24 CFR 91 Subpart C - (MAINT)
Questys database is being
replaced, but contents -- per old
retention schedule - "No records
will be destroyed from the DVD
and all records in Questys will be
destroyed according to existing
retentions."
City needs to address appropriate
retention somewhere other than
the retention schedule.

Multiple
5/6/2024 Page 2 of 33

City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 007 All Departments Internal Service Administration,
Issues, Complaints
Documentation regarding internal department or operational complaints and related requests for service.

Complaints
Issues Log
Repair Orders
Telecommunication (phones, voicemai l)
Trouble Reports
AC+2Y CA - GOV 34090 - (2Y) Multiple
008 Category Eliminated
009 All Departments Maintenance, Repairs & Inspections Records and information regarding the ongoing maintenance, inspection and upkeep of City equipment, facilities and infrastructure, including landscapes, grounds and plantings.

Equipment Certifications (radar guns, lidar guns, personal alcohol screening devices, in-car video surveillance devices, mobile video devices )
Equipment/Vehicle Accident Reports
Inspections and Inspection Reports (equipment, facilities, logs, etc. )
Irrigation
Landscaping
Maintenance and Repair Work Orders
Maintenance Requests, Reports (buildings, streets, sidewalks ) Playground Equipment
Street Lights
Street Sweeping
Traffic Signals (timing, signs, legends, marking, installations ) Trees
Work Orders / Work Requests
5Y CA - AQMD Rule 1470 - (3Y)
CA - CCP 337 - (4Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - 8 CCR 3203(b)(1) - (1Y)
CA - GOV 4216.2(f) - (3Y)
CA - HSC 25284.4 - (3Y)
Multiple
010 Category Eliminated
011 All Departments Meetings - Audio/Video Recordings Audio recordings of City commission, council, department, districts and agency public meetings.

Recordings - Councils, Commissions, Committees (audio,
video )
3M* CA - GOV 54953.5(b) - (30D) * 3 months after adoption of the minutes to which
the recording applies
012 All Departments Non-Financial Reporting Official non-financial published reports and studies issued by City organizations to meet and comply with operational and regulatory requirements.

EEOC Reports (EEO-4 )
OSHA 300 Reports / Logs
Workers Compensation Reports (monthly, annua l)
10Y CA - 2 CCR 11013(c)(1) - (2Y)
CA - 8 CCR 14300.33 - (5Y)
CA - GOV 34090 - (2Y)
US - 29 CFR 405.9 - (5Y)
US - 29 CFR 1602.14 - (1Y)
US - 29 CFR 1602.30 - (3Y)
US - 29 CFR 1602.32 - (3Y)
Multiple
013 All Departments Policies, Procedures and Plans All documentation of City, agency, council, commission, special district or department policy and procedures.

Correspondence
Directives
Guidelines
Five-Year Plans
Handbooks
Master Plans
Policies
Procedure Manuals
Procedures
Program / Initiative Plans
Records Retention Schedule
Rules / Regulations
Standards
Trees Master Plan
AC+10Y CA - GOV 34090 - (2Y)
US - 26 CFR 301.6501(a)-1 - (4Y)
US - 29 CFR 1602.14 - (FR+1Y)
US - 29 CFR 1627.3 - (T+1Y)
US - 29 USC 1059 - (TE+1Y)
Retain same period as litigation.

NOTE: Police General Orders are
retained permanently.

Multiple
5/6/2024 Page 3 of 33

City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 014 All Departments Project and Subject Files Records documenting activities related to specific non-Public Works projects or subjects.

Appraisal Reports (property not purchased)
Auditing, Accounting Matter Complaint Logs
Consultants
Economics
Growth Management
Joint Planning Projects City/County
Positive Feedback
Preliminary Notices
Project Files
Project/Program Plan
Project Reporting
Project Studies
Risk Management
Subject Files
Surveys / Evaluations (rating sheets, programs, events) PC+2Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
Multiple
015 All Departments Purchasing and Agreements,
Awarded - Goods & Services
Records and information created or retained in the requisitioning, purchasing, contracting or acquisition of goods and services other than for real property, infrastructure or facilities, between the City and other parties. Includes:
- Executed agreements
- Terms and conditions and associated ancillary documents - Consultant agreements
- Professional services
- Council-approved
- Employment agreements
- Mutual aid agreements and JPAs
Addendums
Agreements
Amendments
Attachments / Exhibits
Bids, Awards (Accepted )
Certificates of Insurance
Change Orders
Contracts
Correspondence
Delivery/Receipt Records
Disclosures
Exhibits
Franchise Agreements (cable TV, gas, etc. )
Joint Powers Agreements (JPAs)
Leases (to City, from City )
Letters of Intent
License Agreements, Licenses
Memoranda of Agreement (MOAs)
Memoranda of Understanding (MOUs)
Price Lists
Proof of Insurance Certificates
Purchase Orders
Purchasing Cards/CalCards
Purchasing Package
Quotes/Quotations
Requests for Information (RFI)
Requests for Proposal (RFP)
Requests for Quote (RFQ)
Reports
Scorecards
Specifications
Statements of Work (SOW)
Surety Bonds (bid bonds, payment bonds, performance bonds, ancillary bonds )
Warranties
AC+6Y CA - CCP 337 - (4Y)
CA - CCP 343 - (4Y)
CA - GOV 8546.7 - (CL+3Y)
CA - GOV 34090 - (2Y)
US - 2 CFR 200.334 - (CL+3Y)
US - 29 CFR 516.5 - (3Y)
US - 48 CFR 4.703 - (AC3Y)
US - 48 CFR 4.705-1 - (4Y)
US - 49 CFR 107.504 - (AC+2Y)
Multiple
5/6/2024 Page 4 of 33

City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 016 All Departments Purchasing and Agreements,
Awarded - Real Property and
Facilities
Records and information created or retained in the requisitioning, purchasing, or contracting for the acquisition, development, improvement or maintenance of real property, facilities, or other infrastructure assets, between the City and other parties. Includes:
- Executed agreements
- Terms and conditions and associated ancillary documents - Subdivision agreements
- Parcel Merge agreements
- Lot Line Adjustments agreements
- Lot Split Agreements ( LSA’s)
- Title Insurance agreements
Addendums
Agreements
Amendments
Attachments / Exhibits
Bids, Awards (Accepted)
Certificates of Insurance
Change Orders
Contracts
Correspondence
Delivery/Receipt Records
Disclosures
Exhibits
Leases
Letters of Intent
Maintenance Bonds
Memoranda of Agreement (MOAs)
Memoranda of Understanding (MOUs)
Performance Bonds
Proof of Insurance Certificates
Purchase Orders
Purchasing Package
Quotes/Quotations
Receiving Reports
Requests for Information (RFI)
Requests for Proposal (RFP)
Requests for Quote (RFQ)
Reports
Scorecards
Specifications
Statements of Work (SOW)
Surety Bonds (bid bonds, payment bonds, performance bonds, ancillary bonds )
Warranties
PR CA - CCP 315 - (10Y)
CA - CCP 337 - (LA4Y)
CA - CCP 337.1 - (LA4Y)
CA - CCP 337.15 - (LA10Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 8546.7 - (CL+3Y)
CA - GOV 34090 - (2Y)
US - 2 CFR 200.334 - (CL+3Y)
US - 24 CFR 91.105(h) - (5Y)
US - 24 CFR 92.508 - (CL+5Y)
US - 24 CFR 982.158 - (AC+3Y)
US - 29 CFR 516.5 - (3Y)
US - 48 CFR 4.705-1 - (4Y)
Multiple
017 All Departments Purchasing and Agreements, Not
Awarded
Records and information created or retained in the requisitioning good, services, or real property between the City and other parties, but where the purchase order or contract was not awarded..

Bids, Awards (Unaccepted, Rejected)
Exhibits
Price Lists
Quotations
Requisitions
Requests for Information (RFI)
Requests for Proposal (RFP)
Requests for Quote (RFQ)
Scorecards
Specifications
AC+2Y CA - GOV 34090 - (2Y) Multiple
018 All Departments Records, Information Management Documentation of the compliance with Records and Information Management policy and procedures.

Box Activity Log
Certificates of Destruction
Document Hold Notices, Updates
Lists of Stored / Destroyed Records
Master Records Inventory
Records Transfers (to storage, to other depts .)
10Y CA - CCP 315 - (LA10Y)
CA - CCP 337 - (LA4Y)
CA - CCP 337.15 - (LA10Y)
CA - GOV 34090 - (2Y)
US - 26 CFR 31.6001-1 - (CY+4Y)
US - 26 CFR 301.6501 - (CY+3Y)
Retain same period as litigation. Multiple
019 Category Eliminated
020 City Clerk Election Records - Administrative
Files
Documentation of the administration of City elections. Correspondence County Election Services
Precinct Maps
Precinct Workers
5Y CA - GOV 34090 - (2Y)
CA - ELEC 17300 - (5Y)
City Clerk
021 Category Eliminated
5/6/2024 Page 5 of 33

City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 022 City Clerk Election Records - Successful
Mayoral or City Council Candidates
Records and information related to the filing of campaign and election documentation by candidates for mayor or city council, who are elected to City offices.

Campaign Disclosures, Nomination Papers
Campaign Statements
Form 400 Series
PR CA - ELEC 17100(a) - (T+4Y)
CA - GOV 81009(b) - (PR)
CA - GOV 84616(b) - (4Y)
City Clerk
023 City Clerk Election Records - Unsuccessful
Mayoral or City Council Candidates
Records and information related to the filing of campaign and election documentation by candidates for mayor or city council, but who are not elected.

Campaign Disclosures, Nomination Papers
Campaign Statements
Form 400 Series
AC+5Y CA - ELEC 17100(a) - (T+4Y)
CA - GOV 81009(b) - (5Y)
CA - GOV 84616(b) - (4Y)
City Clerk
024 City Clerk Elections Records - Performance of
Election
Records and information related to the filing and performance of City elections.

Absentee Voters (applications, identification envelopes, roster of applications )
Assessment Districts - Proposition 218 Proceedings
Assisted Voters Lists
Ballot Cards
Ballot Measures
Ballot Receipts
Ballots (after election, after recount, voted by mail,
unused/surrendered vote by mail, provisional, voted, damaged, spoiled, canceled )
Challenged Voters Lists
Fair Political Practices Commission Files
Inspector Receipts for Ballots
Petitions
Precinct Officer Appointments
Proposition 218 (assessment ballot proceeding, property related fees )
Sealed Ballot Containers
Tally Sheets
Voter identification envelopes (provisional, voted by mail ) Voter Index Copies (used as the Voting Record at Polling Places)
8M CA - ELEC 17200 - (8M)
CA - ELEC 17302 - (6M)
CA - ELEC 17304 - (6M)
CA - ELEC 17306 - (6M)
CA - ELEC 17400 - (8M)
CA - ELEC 17503 - (6M)
City Clerk
025 City Clerk Lobbyists and Election Campaigns Records and information related to the filing of campaign and election documentation by lobbyists, political action committees (PACs), other committees, and those not required to file original with City Clerk.

Campaign Disclosures, Nomination Papers
Campaign Statements
Expenditures
Form 400 Series
Registrations
Reports (lobbyist activities)
AC+7Y CA - GOV 81009(b) - (5Y)
CA - GOV 81009(c) - (7Y)
US - 11 CFR 102.9 (3Y)
US - 11 CFR 104.14 (3Y)
City Clerk
026 City Clerk Nomination and Candidate
Documents
Records and information related to the filing of nomination documents and signatures in lieu of filing fee petitions.

Candidate Statements (for sample ballot)
Nominations
Signatures in Lieu of Filing Fee Petitions
T*+4Y CA - GOV 17100(a) - (T+4Y) * T = Termination of term of office City Clerk 027 City Clerk Public Information Records requested by the public, required for provision to the public, and related inquiries.

Collection Lists
Formal Public Records Requests
Inquiries
Maddy Act Lists
Subpoenas for Records (subpoenas duces tecum )
CL+2Y CA - GOV 34090 - (2Y) City Clerk
028 City Clerk Purchasing and Agreements -
Housing Loans
Records and information regarding programs that provide assistance to home purchasers and home owners. Programs include:
- First Time Homebuyers (various City Funding sources)
- Rental Affordable Housing Projects (various City funding sources)
- CalHOME
- HELP First Time Homebuyers
- CDBG Rehab
- 20% Housing Set-Aside Fund and Low- and Moderate-Income Asset Fund
Applications
Correspondence
Density Bonus Monitoring Reports
First Time Homebuyer Records
Grant Agreements
Home Improvement Loans (deeds of trust, recorded
documents, modifications, insurance certificates )
Monitoring Files
Notices
Predevelopment Loans
Rental Development Project Files
Reports
AC*+5Y CA - 25 CCR 7721 - (MAINT)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 8546.7 - (CL+3Y)
CA - GOV 34090 - (2Y)
US - 2 CFR 200.334 - (CL+3Y)
US - 24 CFR 92.508 - (AC5Y)
US - 29 CFR 97.42 - (3Y)
* Active is full payment of loan. City Clerk
5/6/2024 Page 6 of 33

City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 029 Category Eliminated
030 City Clerk Recorded Documents - Vital Records and information pertaining to those original key documents recorded on behalf of the City.

Abandonments
Address Records
Annexations/Deannexations
Bonds (in conjunction with recorded agreements)
Certificate of Correction
City Incorporation
Conveyances from the City (Deeds, Easements,
Abandonments/Vacations)
Conveyances to the City (Deeds, Easements, Dedications) Deeds
Detachments
Easements
Encroachments
Grant Deeds
Irrevocable Offers to Dedicate
Recorded Agreements
Rights-of-Way
Street Vacations
PR CA - GOV 34090(a) - (PR) City Clerk
031 Category Eliminated
032 City Clerk Roster of Voters The roster of voters applicable to a specific City election. Voter Index (original) AC+5Y CA - ELEC 17001 - (5Y) CA - ELEC 17300 - (Election + 5Y)
City Clerk
033 City Clerk Statements of Economic Interest Forms mandated by state law related to economic interests of certain employees, elected or appointed officials, or candidates for office.

Form 700
Form 801
Form 802
Form 806
AC+10Y CA - GOV 34090 - (2Y)
CA - GOV 81009 (4Y, 7Y)
CA - GOV 84615(i) - (10Y)
CA - GOV 84616(b) - (4Y)
* Remains active until individual
leaves City employment
City Clerk
034 Category Eliminated
035 City Manager City Council Correspondence Records of correspondence between the City Manager and the City Council.

Chron File
Index
5Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - GOV 50115 - (1Y)
City Manager
036 City Manager Franchise Administration Records and information associated with oversight and administration of the City's franchises for services including cable television, solid waste/recycling, and utilities.

Citizen Complaints
Progress Reports
Rate Increases
AC+2Y CA - GOV 34090 - (2Y) City Manager
037 Community Services Camp Concord - Attendee Forms Records of medical information, releases and permission forms for minors attending Camp Concord.

Medical Information Releases
Nurses' Logs and Records
Parental Permission Forms
17Y* CA - CCP 337 - (4Y)
CA - CCP 338 - (3Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
* Retain until youngest attendee
reaches age 25.

Recreation Services
038 Community Services Community Liaisons and Education Records and information documenting involvement with community groups, agencies, and neighborhoods for educational and community-building purposes.

CERT (Community Emergency Response Training)
Drug / Alcohol Education / Community Training
Emergency Action Plans
Emergency Forms
Partnerships
Street Smart Program
Youth Violence Prevention Education / Community Training 2Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
Police
5/6/2024 Page 7 of 33

City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 039 Community Services Concord Community Reuse Project Records and information associated with the preparation and development of a reuse plan for the conversion of the Inland Area of the Concord Naval Weapons Station (CNWS) to civilian uses.

Community Outreach
Correspondence
Local Reuse Authority (LRA)
Mailing Lists
Memos
Presentations
Publications
Reports
Reuse Plans
Studies
Surveys
Trainings
15Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CCRP
040 Community Services Economic Development Programs
and Services
Records and information documenting the City's economic development programs.

Appraisals
Business Promotion Programs
Business Recruitment Programs
Community Activities
Court Orders
Demographics
Economic Development Programs
Economic Development Strategy
Eminent Domain
Property and Business Improvement Area (PBIA)
Property and Business Improvement District (PBID)
Parking Management Strategies
Project Areas
Property Transactions (DDA, DA, etc.)
Redevelopment Agency Files
Redevelopment Successor Agency (oversight, board agenda, reports)
Retail Incentive Programs
Tourist Improvement District Local Committee
Urban Design Plans
AC+10Y CA - CCP 337 - (LA4)
CA - CCP 337.15 - (LA10)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 8546.7 - (CL+3Y)
CA - GOV 34090 - (2Y)
US - 2 CFR 200.334 - (CL+3Y)
US - 24 CFR 91.105(h) - (5Y)
US - 24 CFR 570.502 - (CL+4Y)
CD
041 Community Services Grant Program Files Records and information of grant-funded programs including:
- CDBG and CDBG-R
- Child Care Developer Fee
- Concord/Pleasant Hill Health Care District (CPHHCD)
- HOME
- First-Time Homebuyers Program
- Housing Rehabilitation
Agreements
Correspondence
Monitoring Environmentals
Payments
Promissory Notes
Recorded Documents
AC*+5Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 8546.7 - (CL+3Y)
CA - GOV 34090 - (2Y)
US - 2 CFR 200.334 - (CL+3Y)
US - 24 CFR 570.502(a)(16) - (CL+3Y,
CL+4Y)
US - 24 CFR 982.158 - (AC+3Y)
US - 29 CFR 97.42 - (3Y)
* Active until close of program year CD
City Clerk
5/6/2024 Page 8 of 33

City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 042 Community Services Housing Program Files Records and information regarding programs that provide housing to those in need including:
- PHA Housing Choice Voucher Program
- Mainstream, Moderate Rehabilitation Program
- Shelter Plus Care
- Supportive Housing
- Section 8 Management Assessment Program (SEMAP)
- Section 8 SRO Moderate Rehabilitation
- Family Self Sufficiency (FSS) Program
- Housing Conservation Program
- Homelessness Prevention and Rapid Rehousing Program
Accounts
Appeals
Applications (successful)
Budgets
Certifications
Corrective Action Plans
Documentation of Basis for PHA Determination the Rent to Owner is Reasonable (initially and during term of HAP contract) Executed Lease (copy)
Funding Records
HAP Contract
HUD 50058 (for annual and interim re-exams of family income) HUD-required Reports
Lead-based Paint Records
Monitoring
Notifications
Owner Files
Policies
Rebates
Reconciliations
Reports
Statistical Records
Unit Inspection Reports
AC*+5Y CA - 25 CCR 7721 - (MAINT)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 8546.7 - (CL+3Y)
CA - GOV 34090 - (2Y)
US - 2 CFR 200.334 - (CL+3Y)
US - 24 CFR 5.514 - (5Y)
US - 24 CFR 91.105(h) - (5Y)
US - 24 CFR 92.508 - (CL+5Y)
US - 24 CFR 570.490(d) - (CL+3Y)
US - 24 CFR 570.502(a)(16) - (LA+4Y)
US - 24 CFR 884.214 - (3Y)
US - 24 CFR 908.101 - (3Y)
US - 24 CFR 982.158 - (EXP+3Y)
US - 29 CFR 97.42 - (3Y)
* Active is Program Completion Year CD
043 Community Services Injury Reports Records and information regarding injuries sustained by nonemployee participants in community programs and events, and for which claims against the City are not filed. (For claims against the City, see Claims Management.)
Injury Reports (LS-28.1, LS-155, FIN-117 )
Pavilion Incident Reports
Program "Ouch" Reports
5Y CA - CCP 335.1 - (LA2Y)
CA - CCP 337 - (4Y)
CA - CCP 338 - (3Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
Recreation Services
044 Community Services Parks and Recreation - Facility
Rentals
Records and information documenting the City's parks and recreational programs and services.

Facility Rentals (use applications, permits, reservation books, insurance certificates, users, reports )
Waivers of Liability
AC+4Y CA - CCP 337 - (4Y)
CA - CCP 338 - (3Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
* Repeat users of facilities remain
active
Recreation Services
045 Community Services Parks and Recreation - Lifeguard Certifications
Records of certification for lifeguards serving at City recreational facilities.

Ellis & Associates Aquatic Accident Survey for Unconscious Victims
Lifeguard Certifications
Lifeguard Rescue Reports
Lifeguards
10Y CA - 22 CCR 100022 - (2Y)
CA - CCP 337 - (4Y)
CA - CCP 338 - (3Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
Recreation Services
5/6/2024 Page 9 of 33

City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 046 Community Services Parks and Recreation - Programs
and Services
Records and information documenting the City's parks and recreational programs and services.

Adopt-a-Park Program
Adult Services Programs / Classes
Applications
Aquatics
Cultural Activities Programs / Classes
Emergency Cards
Hold Harmless
Participant Problem Reports
Planning and Research
Playground Inspections
Program Binders
Program/Event Evaluations
Recreation Schedules
Registrations Forms
Scholarships (Applications, Awardee Information, Forms ) Special Recreation Programs / Classes
Sports Groups / Sports Alliance Groups
Sports and Fitness Leagues / Programs / Classes
Street Tree Program / Tree Requests
Teen Services Programs / Classes
Tree Removal Forms/Permits
Youth Services Programs / Classes
Waivers of Liability
Withdrawal Forms
AC+4Y CA - 22 CCR 65523 - (2Y)
CA - CCP 337 - (4Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
Multiple
047 Construction and
Engineering
Building Codes, Permits, Appeals
and Decisions
Records and information documenting the City's building services activities.

Alternate Materials
Appeals - Granted
Building and Fire Code Board of Appeals
Building Codes
Building Inspections
Building Permits (issued, active, expired, history )
Building Plans - Commercial & Residential*
Certificates of Compliance
Certificates of Occupancy
Design
Disability Access Board of Appeals
Fire Protection Plans
Methods of Constructions
PR CA - CBC 107.5 - (180D)
CA - CCP 337.1 - (LA4Y)
CA - CCP 337.15 - (LA10Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - HSC 19850 - (Life of Building)
CD
048 Category Eliminated
049 Construction and
Engineering
House Moves Records and information associated with moving residential buildings within the City.

House Moves AC+10Y CA - CCP 337.1 - (LA4Y)
CA - CCP 337.15 - (LA10Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CD
5/6/2024 Page 10 of 33

City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 050 Construction and
Engineering
Construction and Engineering
Project Files - Essential Records
Essential records and information related to the administration, analysis, design, development, planning, construction and maintenance of completed public works, capital improvement (CIP) and engineering projects for City facilities and infrastructure.

Includes:
- Buildings
- Pavilion
- Parks and Park Improvements
- Sewers
- Street Widening
As-Built Plans
Assessments
Bids
Capital Improvement Projects (CIP) (drawings, maps, plans ) Certificates of Compliance/Notice of Non-Compliance
Correspondence
Final Improvement Plans
Geotechnical Reports
Grading (cut sheets, permits, erosion control plans )
Notice of Completion
Notice to Proceed
Public Notices (mailing list )
Public Works Extracts (Notification of award of contract to the CA Dept. of Industrial Relations )
Rights of Way (ROW)
Specifications
Storm Drains/Sewers (Sewer Assessment Districts,
Manufactured Treatment Devices (MTDs ))
Surveys (street record surveys )
Utilities (easements, clearances )
LI*+10Y CA - CCP 337.1 - (LA4Y)
CA - CCP 337.15 - (LA10Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 8546.7 - (CL+3Y)
CA - GOV 34090 - (2Y)
CA - HSC 19850 - (LI)
US - 24 CFR 92.508(c) - (AC+5Y)
US - 24 CFR 570.502(a)(7)(i)(A) -
(AC+4Y)
US - 29 CFR 97.42(b) - (AC+3Y)
* Life of Structure or Facility Multiple
157 Construction and
Engineering
Construction and Engineering
Project Files - Non-Essential
Records
Non-essential records and information related to the
administration, analysis, design, development, planning, construction and maintenance of completed public works, capital improvement (CIP) and engineering projects for City facilities and infrastructure. Includes:
- Buildings
- Pavilion
- Parks and Park Improvements
- Sewers
- Street Widening
Certifications (daily reports )
Contract Schedules
Encroachment Permits, Certificates
Environmental Impact Reports / Statements / Assessments Field Inspections
Materials Testing Reports
RFIs & Responses
CL*+10Y CA - CCP 337.1 - (LA4Y)
CA - CCP 337.15 - (LA10Y)
CA - 14 CCR 15095c - (Reasonable)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 8546.7 - (CL+3Y)
CA - GOV 34090 - (2Y)
US - 24 CFR 92.508(c) - (AC+5Y)
US - 24 CFR 570.502(a)(7)(i)(A) -
(AC+4Y)
US - 29 CFR 97.42(b) - (AC+3Y)
* Closure of Project Multiple
158 Construction and
Engineering
Flood Zone Management Records and information associated with management and requirements of the City's flood zone program.

Elevation Certificates
Floodplain Permits
Floodproofing Certificates
Floodzone Verification Certificates
LOMA (Letter of Map Amendment)
LOMR (Letter of Map Revision)
LI*+10Y CA - CCP 338 - (LA3Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
US - 44 CFR 60.3 - (MAINT)
* LI = Life of Program CD
5/6/2024 Page 11 of 33

City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 051 Finance Accounts Payable Records, information and reports related to the accounting of monies paid by the City including payment for financial obligation, documenting bad debt, paying of unemployment expenses,
employee expense reimbursement, or services rendered.

Aging Reports
Benefit Plan Payments, Reconciliations
Check Listing
Credit Card Information
Credit Card Slips, Statements, Receipts
Credit Memos
DE542 (Report of Independent Contractors)
Employee Expense Reports, Reimbursements
Form 1099 Records
Form W-9 Records
Housing Check Run Reports
Invoices and Vouchers
Operating Invoices, Paid (General)
Operating Invoices, Paid (Contract Vendors)
Payables Package, Receipts
Payments
Petty Cash Data
Reconciliations
Refunds
Sales and Use Taxes Paid
Taxes Paid
Training Request & Expenditure Reports
Travel Orders
Tuition Reimbursements
Vendor Invoices
Voided Checks
Warrant Registers
AU*+6Y CA - CCP 337 - (LA4Y)
CA - CCP 338 - (LA3Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 8546.7 - (CL+3Y)
CA - GOV 34090 - (2Y)
CA - LAB 1174(d) - (3Y)
US - 2 CFR 200.334 - (CL+3Y)
US - 24 CFR 570.502(a)(7)(i)(A) -
(AC+4Y)
US - 24 CFR 982.158 - (AC+3Y)
US - 26 CFR 31.6001 - (4Y)
US - 26 USC 6531 - (LA6Y)
US - 29 CFR 97.42 - (3Y)
US - 29 CFR 516.5 - (3Y)
US - 48 CFR 4.705-1 - (4Y; 2Y)
* Closure of audit Finance
052 Finance Accounts Receivable Records, information and reports related to the accounting of monies billed by or received by the City including cash payments received, money received for fines or fees, etc.

Aging Reports
Assessments (CIP Districts, Lighting & Maintenance Districts ) Business License Taxes
Cash (cash count reports, cash flow book information, cash disbursement, cash register receipts, cash receipts )
Check Listing
County Assessor/s Reports - City Assessments
Credit & Collections
Facilities Fees
FEMA/OES Reimbursements
General Fund Taxes
Housing Check Run Reports
Invoices and Vouchers (paid, cancelled, written off )
Liens
Petty Cash Data
Property Taxes
Receivables Package, Receipts
Reconciliations
Refundable Deposits (made by developers at time of
application and used by the City to charge processing time and materials agains t)
Refunds
Tax Revenue (transient occupancy, property, sales )
Utility Billing
Voided Checks
4Y CA - CCP 337 - (LA4Y)
CA - CCP 338 - (3Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 8546.7 - (CL+3Y)
CA - GOV 34090 - (2Y)
CA - LAB 1174(d) - (3Y)
CA - RTC 7283.51 - (4Y)
US - 2 CFR 200.334 - (CL+3Y)
US - 24 CFR 570.502(a)(7)(i)(A) -
(AC+4Y)
US - 24 CFR 982.158 - (AC+3Y)
US - 26 CFR 31.6001-1 - (4Y)
US - 26 USC 6531 - (LA6Y)
US - 29 CFR 97.42 - (3Y)
US - 29 CFR 516.5 - (3Y)
US - 48 CFR 4.705-1 - (4Y; 2Y)
Finance
5/6/2024 Page 12 of 33

City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 053 Finance Bank Account Information Records and information related to banking activities, transactions and correspondence. This category includes deposits and reconciliations.

Bank Account Administration
Bank Statements (All Agencies)
Cash Count Records
Checks and Warrants (Canceled, Cashed, Voided )
Check Copies
Check Registers, Journals
Corrections / Returns
Deposit Permits
Deposits
Electronic Banking
Reconciliations
Signature Cards
Statements (Trustee, Transaction )
Transactions
Transfers
Treasurer Receipts
Treasurers Daily Bank Transaction Reports
Wire Transfers
4Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
US - 26 CFR 31.6001-1 - (4Y)
Finance
054 Category Eliminated
055 Finance Benefit Plans Plans established to provide employee benefits (other than retirement), including changes to those plans and associated administrative documents.

Actuarial Reports
A.D.P. Worksheets (up to 1998)
COBRA
Correspondence
Deferred Compensation Plans
Employee Assistance Program (EAP)
Employee Benefit Plans
Group Insurance Cost Data
Health/Medical Insurance Plans
Life Insurance
Long Term Care
Retiree Health Insurance
Summary Plan Descriptions
Workers Compensation Plans
LI*+6Y CA - CCP 337 - (LA4Y)
CA - GOV 911.2 - (LA1Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 8546.7 - (CL+3Y)
CA - GOV 34090 - (2Y)
US - 29 USC 1027 - (6Y)
US - 29 USC 1059 - (TE+1Y)
US - 29 USC 1113 - (LA6Y)
US - 29 USC 1451 - (LA6Y)
US - 29 CFR 1627.3(b)(2) - (TE+1)
US - 29 CFR 4007.10(a)(1) - (6Y)
US - 29 CFR 4041.5 - (LI*+6Y)
* LI = Life of Plan or System;
plan/system is considered alive while
any employee, retiree, or other
eligible participant is receiving
benefits.

NOTE: Deferred Compensation
Changes and Loan Repayment
information are stored in Employee
Personnel File until Termination + 5
years for non-sworn, and permanently
for sworn personnel.

Finance
HR
056 Category Eliminated
057 Category Eliminated
5/6/2024 Page 13 of 33

City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 058 Finance Debt, Investments Records and information relating to analysis of City financing and investment activities.

Amortization Schedules
Bonds (continuing disclosures, bond rating reports, official statements )
Bonded Indebtedness
Cash Bonds
Certificates of Deposit (CDs)
Certificates of Participation
Direct Investments
Due Diligence
Exempted Securities
Financial Investment Planning
Improvement Assessments**
Investment Loans to Other Agencies
Investment Performance Reporting
Investment Reporting
Letters of Credit
Loans (debt state loans, water)
Local Agency Investment Fund (LAIF)
Long Term Debt
Money Manager Statements
Payment History/Schedules
Portfolio Management, Quarterly Reviews
Revenue Bonds (housing, city mortgage )
Returns Management
Security Instruments
Stock / Equity / Debt Issuance, Repurchase Records
Trust Accounts
M*+10Y CA - CCP 336 - (LA5Y)
CA - CCP 336a - (LA6Y)
CA - CCP 337 - (LA4Y)
CA - CCP 337.5 (LA10Y)
CA - CCP 338 - (LA3Y)
CA - GOV 945.6(b) - (LA2Y)
CA - GOV 8546.7 - (CL+3Y)
CA - GOV 34090 - (2Y)
US - 26 CFR 31.6001-1 - (4Y)
US - 26 CFR 301.6501(a)-1 - (LA3Y)
* Maturity includes cancellation and
redemption
** For improvement assessments,
maturity is considered when the last
bond is paid.

Finance
059 Category Eliminated
060 Category Eliminated
061 Finance Fee Maintenance and Collection Records and information documenting general administration and maintenance of City fee payments, collection, and receipts.

Assessment District Fees
Automatic Payment Authorizations
Building Permit Fees
Business License Applications, Affidavits
Copying Fees
Candidate Filing Fees
Encroachment Fees
Facility Fees
Fee Schedules
Fee Studies
Grading Fees
Impact Fees
Inspection Fees
Oversize/Overweight Permit Fees
Parking Citations (reports, related information )
Plan Review Fees
Property Fees
Recreation Fees
Traffic Fees
Water Systems (including irrigation) Fees
AC*+4Y CA - CCP 337 - (LA4Y)
CA - CCP 338 - (3Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
* While permit or license is active Multiple
5/6/2024 Page 14 of 33

City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 062 Finance Financial Reporting - Annual,
Official, Periodic
General and official financial reports, whether required by regulations or generated to track financial transactions and achievements by the City.

Annual Report of Financial Transactions To State
Annual State Controller Filings
Equipment Rental/Usage Reports
Fixed Asset Reports
Labor Distribution Reports
PERS Reports
Payroll Reports (HRA, RMT, ICMA 457 accounts, Nationwide, deferred compensation)
Quarterly Investment Report
Revenue/Expenditures Reports
Self Insurance Reports
State Controller's Report
Workers Compensation Reports
Year-end Reports & Summaries
CU+7Y CA - GOV 911.2 - (LA1Y)
CA - GOV 945.6(b) - (LA2Y)
CA - GOV 34090 - (2Y)
US - 26 CFR 1.1461-2 - (CU+1Y)
US - 26 CFR 31.6001 (CY+4Y)
Finance
063 Finance Financial Statements Official financial statements for the City, its agencies, and departments.

Financial Statements PR CA - GOV 945.6(a)(2) - (LA6M; LA2Y) CA - GOV 34090 - (2Y)
US - 26 CFR 1.1461-2 - (CU+1Y)
US - 26 CFR 31.6001-1(e)(2) -
(CU+4Y)
US - 26 USC 6531 - (LA6Y)
City Clerk
064 Finance Fixed Asset Transactions Records and information related to the ownership, purchase, sale, lease or improvement of equipment and other fixed assets, excluding land assets, owned or used by the City.

Acquisitions
Amortization
Appraisal Reports
Asset Retirement Records
Attachments
Capital Asset Records
Capital Improvements
Fixed Asset Ledger
Fixed/Capital Asset Accounting
Possessory Interest
Public Art (purchased, loaned )
Surplus Property Sales / Disposal
Valuation Information
AU*+10Y CA - CCP 337.15 - (LA10Y)
CA - GOV 34090 - (2Y)
US - 26 USC 6531 - (LA6Y)
* Closure of audit Multiple
5/6/2024 Page 15 of 33

City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 065 Finance Grants and External Funding
Sources
Documents the application, evaluation, awarding, administration, monitoring, reporting, and status of grants and other funding sources in which a local government entity is the recipient, grantor, allocator, or administrator.

Applications (including project proposals)
Audits
Awards
Award Notification
Budget Tracking Reports
CalTrans
C.D.B.G. (Community Development Block Grant)
Combined Federal, State, Local Grants
Enterprise Funds (water, waste, housing )
Federal Grants
Gas Tax
Grant Administration
Grant Funding
Grant Evaluations
Local Grants
Program Rules, Regulations, Procedures
Property Taxes Funding
Reports to Funding Agencies
Special Revenue Funds
State Grants
State Mandated Claims (SB90)
Tax Increment Funding
Transportation Funding
CL*+4Y CA - GOV 8546.7 - (CL+3Y)
CA - GOV 17558.5 - (3Y)
CA - GOV 34090 - (2)
US - 2 CFR 200.334 - (CL+3Y)
US - 24 CFR 91.105(h) - (5Y)
US - 24 CFR 570.490(d) - (CL+3Y)
US - 24 CFR 570.502(a)(7)(i)(A) -
(AC+4Y)
US - 24 CFR 884.214 - (3Y)
US - 24 CFR 982.158 - (AC+3Y)
US - 29 CFR 97.42 - (3Y)
* Unsuccessful applications are
retained 2Y. Grants covered by a
Consolidated Action Plan are
required for 5 years; Uniform Admin.

Requirements for Grants to Local
Governments is 3 years from
expenditure report or final payment of
grantee or subgrantee; OMB Circular
A-133
**Note - State Mandated Claims
(SB90) are to be maintained from
Claim Closure (Payment of Claim)
plus a minimum of 5 years (3 years to
initiate audit + 2 years to complete
audit). Finance recommends keeping
records onsite until final payment
received and then transfer to off-site
storage for 10 years
NOTE: If a grant requires longer
retention, its specific requirements
will take precedence.

Multiple
066 Finance Journal Edit Listing and Allocation Records and information related to the transfer of charges between accounts and summaries of account information,
excluding year-end reports and summaries.

Account Ledgers
Balance Sheets
Budget Adjustments
Balance Sheets
Cash Journals
Expenditure Reports
General Ledger
Income Statements
Interest Spread
Journal Entries and Backup Documentation
Journal Vouchers
Payroll Journal
Purchases Journal
Revenue
Sub-Ledgers
Trial Balance
Year -End / Account Detail History Report
AU+6Y CA - GOV 34090 - (2Y)
US - 26 CFR 31.6001 (CY+4Y)
US - 26 USC 6531 - (LA6Y)
Finance
5/6/2024 Page 16 of 33

City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 067 Finance Payroll Records and information related to the accounting of City payroll, including garnishment records and information to satisfy debts.

This also includes records and information reflecting all remuneration paid to each employee, including:
- Name, address, SSN
- Total amount and date of payments
- Period of service covered for each
- Withholding
- Tax collected
NOTE: A.D.P. payroll records are from 1998 and earlier.

Attendance Records, Corrections
Benefit Payments
Correspondence
Deduction Reports
Deferred Compensation (applications, changes, loan repayments, uploads, confirmations, withdrawals, city/employee statements ) Employee Deduction Authorizations, Check Information, Extra Help Reports
Employee Master Lists, Addresses
Extra Help Reports
Flex Spending
Garnishments, Garnishment Orders, Receipts
Leave Reports
Military Leave Orders, Confirmations
P.E.R.S. Reporting
Payroll Checks, Copies, Stub Reports
Payroll Certifications, Controls
Payroll Deduction Authorizations, History, Liens, Claims Payroll Tax Returns
Posting Tickets
Processing Reports, Reports to Government Agencies
Salary Changes (Authorizations not on a Personnel Action Sheet, including COLA and Pay for Performance-Managers )
Salary Schedules
State Quarterly Reports
Taxes (Federal, Medicare, State, Unemployment )
Time Sheets - Reports
Timekeeping Records (Timecards, Time Sheets, Basic Time and Earnings Cards)
Unemployment Reports - Greenbar Reports (PR 290 )
W-2
Wage Attachments
Work Schedules
Year-to-Date Reports (Master Listing, Master Deduction, PR 214, PR 260 )
5Y CA - 2 CCR 570.5 - (5Y)
CA - 2 CCR 571(b)(1)(E) - (5Y)
CA - 22 CCR 1085-2 (c) - (4Y)
CA - GOV 12946 - (4Y)
CA - GOV 34090 - (2Y)
CA - LAB 226a - (3Y)
CA - LAB 1174(d) - (3Y)
CA - LAB 1197.5 - (LA2Y; LA3Y)
CA - UIC 1132 - (LA3Y)
US - 26 CFR 31.6001-1 (4Y)
US - 29 CFR 516.5 - (3Y)
US - 29 CFR 516.6 - (2Y)
US - 29 CFR 1620.32 - (2Y)
US - 29 CFR 1627.3(a) - (3Y)
US - 29 USC 436 - (5Y)
US - 48 CFR 4.705-2 - (4Y; 2Y)
* Closure of audit
NOTE: Life Beneficiary Forms are
retained for 2 years past the life of the
employee (LI+2Y).

NOTE: Salary Schedules are retained
for 50 years.

Finance
068 Finance Payroll Registers Records documenting all the payroll earnings, payments and deductions connected with a specific payroll period.

A.D.P. Check Registers (up to 1998)
Deduction Register
Earnings Register
Master Check Register (PR 160, PR 162, Management
Reports )
Payroll Check Register
PR CA - 2 CCR 570.5 - (5Y)
CA - 2 CCR 571(b)(1)(E) - (5Y)
CA - 22 CCR 1085-2 (c) - (4Y)
CA - GOV 12946 - (4Y)
CA - GOV 34090 - (2Y)
CA - LAB 226a - (3Y)
CA - LAB 1174(d) - (3Y)
CA - LAB 1197.5 - (LA2Y; LA3Y)
CA - UIC 1132 - (LA3Y)
US - 26 CFR 31.6001-1 (4Y)
US - 26 USC 6531 - (LA6Y)
US - 29 CFR 516.5 - (3Y)
US - 29 CFR 516.6 - (2Y)
US - 29 CFR 1620.32 - (2Y)
US - 29 CFR 1627.3(a) - (3Y)
US - 29 USC 436 - (5Y)
US - 48 CFR 4.705-2 - (4Y; 2Y)
Finance
5/6/2024 Page 17 of 33

City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 069 Finance Real Estate and Infrastructure
Records
Records and information related to the ownership, purchase, sale, lease or improvement of real property, infrastructure and facilities owned by or used by the City.

Acquisitions
Amortization
Assessment Lien Register / Report (Year-end)
Attachments
Buildings
Capital Asset Records
Capital Improvements (CIP)
CDBG Property Acquisitions
Deeds
Deeds of Trust
Depreciation Schedules
Excess Right of Way
Land
Mortgages
Possessory Interest
Sales
Schedule of Infrastructure and Buildings
Valuation Information
PR CA - CCP 315 - (LA10Y)
CA - CCP 337 - (LA4Y)
CA - CCP 337.1 - (LA4Y)
CA - CCP 337.15 - (LA10Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 8546.7 - (CL+3Y)
CA - GOV 34090(a) - (INDEF)
US - 2 CFR 200.334 - (CL+3Y)
US - 24 CFR 570.502(a)(7)(i)(A) -
(AC+4Y)
US - 26 CFR 31.6001-1 - (4Y)
City Clerk
Finance
070 Finance Retirement Plans Plans established to provide employee retirement benefits, including changes to those plans and associated administrative documents.

City of Concord Retirement System (CCRS) Reports
CalPERS
Correspondence
Employee Pension Reports
Retirement System
Summary Plan Descriptions
PR CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
US - 29 USC 1027 - (6Y)
US - 29 USC 1059 - (T+1Y)
US - 29 USC 1113 - (LA6Y)
US - 29 USC 1451 - (LA6Y)
US - 29 CFR 1627.3 - (T+1)
US - 29 CFR 4007.10 - (6Y)
US - 29 CFR 4041.5 - (LI+6Y)
Finance
HR
071 Category Eliminated
072 Finance Unclaimed Funds Records and information pertaining to periodic publication of outstanding checks that are 3 years or older. After the City goes through its due diligence of trying to find the rightful owner, Finance returns any unclaimed funds to the City.

Uncashed Checks
Unclaimed Funds
5Y CA - CCP 1513 - (3Y)
CA - GOV 34090 - (2Y)
Finance
073 Category Eliminated
074 Category Eliminated
075 Human Resources Drug Testing Documents pertaining to drug screening of employees, prospective employees, and volunteers.

Controlled Substance
Drug Tests (positive, negative )
5Y CA - 2 CCR 11013(c)(1) - (2Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 12946 - (4Y)
CA - GOV 34090 - (2Y)
US - 29 CFR 1602.14 - (1Y)
US - 29 CFR 1602.31 - (2Y)
US - 29 CFR 1627.3(b)(1) - (1Y)
US - 49 CFR 382.401(b) - (1Y, if
negative; 5Y if positive)
US - 49 CFR 40.333 - (5Y)
Human Resources
5/6/2024 Page 18 of 33

City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 076 Human Resources Employee Medical Records Documents pertaining to medical records of City employees, including exposure to hazardous substances, drug screens, and workers' compensation (includes employee records subject to HIPAA requirements).

Awards
Employee Injury / Accident Reports
Employee Hazardous Chemical Exposure
Employee Medical File
Exposure Monitoring
Firearms and Field Exposure
Hazardous Exposure
Lifetime Medical Awards*
Material Safety Data Sheets (MSDS)
Personnel Files - Medical
Radiation Exposure Records
Toxic Substance Exposure Records
Workers Compensation
T+30Y CA - 8 CCR 3203 - (1Y)
CA - 8 CCR 10102 - (Injury+5Y or
Closed+1Y)
CA - 8 CCR 14300.33 - (5Y)
CA - 8 CCR 3204 - (TE+30Y)
CA - CCP 335.1 - (2Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 12946 - (4Y)
CA - GOV 34090 - (2Y)
CA - LAB 5406 - (LA1Y; LA240W)
CA - LAB 5410 - (LA5Y)
CA - LAB 6401.7 - (MAINT)
US - 29 CFR 1904.33 - (5Y)
US - 29 CFR 1910.95 - (T+2Y)
US - 29 CFR 1910.1020 - (TE+30Y)
* For Lifetime Medical Awards,
Termination is when the awardee
passes
Human Resources
077 Human Resources Employee Training All documents related to general and specialized technical education and training taken by paid employees and unpaid volunteers, including:
- Base Station Forms
- Fire Extinguisher
- First Aid/CPR
- Safety
Attendance
Canine Deployment Training
Certification Records
Compliance Training
Courses/Seminars (Taken by Employees - includes Safety
Training)
Ethics Training
Firearm and Field Training
Individual Education, Development
Safety Training
SWAT Training
Training Bulletins
T+5Y CA - 8 CCR 3203 (AC+1)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 12946 - (4Y)
CA - GOV 53235.2b - (5Y)
CA - GOV 53237.2(b) - (5Y)
US - 29 CFR 1602.14 - (FR+1Y)
US - 29 CFR 1602.31 - (2Y)
Multiple
078 Human Resources Employee Training Materials,
Courses, Scheduling
Documentation regarding the content of courses and schedules for training offered to employees.

Attendance Lists/Rosters
Employee Development
Outlines
Presentation Materials
PowerPoint Slide Decks
Safety Training
Testing
CU+6Y CA - 8 CCR 3203 - (AC+1)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 12946 - (4Y)
CA - GOV 34090 - (2Y)
CA - GOV 53235.2(b) - (5Y)
CA - GOV 53237.2(b) - (5Y)
CA - LAB 3076.3 - (5Y)
US - 29 CFR 1602.14 - (CY+1Y)
Multiple
079 Human Resources Labor Relations Documentation related to the negotiations between labor unions for collective bargaining purposes.

Bargaining Sessions
Benefit Proposals
Confidential Memos
Costing
Ground Rules
Handouts
Information Requests
Miscellaneous Information
Negotiations Binders
Notes
Proposals - City
Proposals - Union
S+15Y CA - CCP 337 - (4Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 12946 - (4Y)
US - 29 CFR 516.5 - (3Y)
Includes employee groups:
- Teamsters
- OPEIU
- CPA
- CPA MRU
Human Resources
5/6/2024 Page 19 of 33

City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 080 Human Resources Labor Relations Grievances Documentation related to labor grievances filed under current collective bargaining agreements.

Grievance Files/Commission Hearing
Grievance/Hearing Logs
Union Grievances
T+5Y CA - CCP 337 - (4Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 12946 - (4Y)
CA - GOV 12960 - (LA3Y)
CA - GOV 12965 - (LA2Y)
CA - GOV 34090 - (2Y)
US - 29 CFR 1602.31 - (CL+2Y)
US - 29 CFR 1627.3 - (3Y)
US - 29 USC 255 - (LA2Y)
Retain same period as litigation. Multiple
081 Human Resources Master Classification File Records and information documenting the history of City job specifications and descriptions by classification titles.

Job Specifications
Job Titles
PR CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
US - 29 CFR 1602.14 - (AC+1Y)
US - 29 CFR 1602.31 - (2Y)
Human Resources
082 Human Resources Personnel Files - Employees,
Volunteers, Reservists and Unpaid
Interns
All documents related to paid employees (full and part-time), volunteers, reservists and unpaid interns, except sworn police officers, including but not limited to:
- employee benefit selection, enrollment and termination - hiring
- promotion
- demotion
- transfer
- layoff / recall / out-placement
- termination / discharge / resignation
- pay rates / other terms of compensation
Applications, Applicant Reference Verifications
Awards, Rewards, Commendations, Certificates
Background Files
Bonding of Public Officials
Cadet Volunteer Program
Complaints (against personnel)
Deferred Compensation (changes, loan repayments )
Disciplinary Actions (investigations, hearings, hearing notes ) Drivers License Data - Class B
Drug Testing
Employee Acknowledgements, Executed Policy Receipts
Employee Benefit Forms (election, enrollment, termination, related correspondence, transmissions to carriers of changes ) Ethics Certificates
Individual Employee Agreements, Contracts (copies)
Individual Education, Development, Training Records
Investigations
Job Offer Letters
Leave of Absence Documentation, FMLA (compensation,
complaints/disputes, requests, parental leave forms,
paid/unpaid leave )
Manager Audits
New Hire Medical Tests
Oaths of Office and Affirmations
Performance Evaluations, Reviews
Performance Improvement Plans (PIPs)
Personnel Action Sheets (PAS)
Recognition
Supervisor's Files
Volunteer Acknowledgements, Executed Policy Receipts
W-4 (State & Federal Forms)
T+5Y CA - 2 CCR 11013 (FR+2)
CA - 22 CCR 1085-2 - (CU+4Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 3105(f) - (T+5Y)
CA - GOV 12946 - (TE+4Y)
CA - GOV 12960 - (LA3Y)
CA - GOV 12965 - (LA2Y)
CA - GOV 34090 - (2Y)
CA - LAB 1198.5 - (T+3Y)
CA - LAB 2810.8 - (T+3Y)
CA - VEH 1808.1(a) - (1Y)
CA - VEH 2547 - (LA3Y)
US - 29 CFR 825.500 - (3Y)
US - 29 CFR 1602.14 - (AC+1Y)
US - 29 CFR 1602.31 - (AC+2Y)
US - 29 CFR 1627.3 - (T+1Y)
US - 29 CFR 4007.10 - (6Y)
US - 29 USC 1027 - (6Y)
US - 29 USC 1059 - (T+1Y)
US - 29 USC 1113 - (LA6Y)
US - 29 USC 1451 - (LA6Y)
US - 41 CFR 60-1.12 (a) - (2Y)
US - 41 CFR 60-741.80 - (2Y)
US - 48 CFR 4.703 - (AC+3Y)
US - 48 CFR 52.249-2 & 3 - (AC+3Y)
US - 49 CFR 40.333 - (5Y)
US - 49 CFR 382.401(b)(1) - (1Y, if
negative; 5Y if positive)
Contents are transferred to
Retirement Files, if applicable.

Multiple
5/6/2024 Page 20 of 33

City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 083 Human Resources Personnel Files - Sworn Police
Officers
All documents related to sworn police officers, including but not limited to:
- hiring
- promotion
- demotion
- transfer
- layoff / recall / out-placement
- termination / discharge / resignation
- pay rates / other terms of compensation
Applications, Applicant Reference Verifications
Awards, Rewards, Commendations, Certificates
Background Files*
Complaints (against personnel)
Deferred Compensation (changes, loan repayments )
Disciplinary Actions (investigations, hearings, hearing notes ) Drivers License Data - Class B
Drug Testing
Employee Acknowledgements, Executed Policy Receipts
Ethics Certificates
Individual Employee Agreements, Contracts (copies)
Individual Education, Development, Training Records
Investigations
Job Offer Letters
Leave of Absence Documentation, FMLA (compensation,
complaints/disputes, requests, parental leave forms,
paid/unpaid leave )
Manager Audits
New Hire Medical Tests
Oaths of Office and Affirmations
Performance Evaluations, Reviews
Performance Improvement Plans (PIPs)
Personnel Action Sheets (PAS)
Recognition
Supervisor's Files
W-4 (State & Federal Forms)
PR CA - 2 CCR 11013 (FR+2)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 3105(f) - (T+5Y)
CA - GOV 12946 - (TE+4Y)
CA - GOV 12960 - (LA3Y)
CA - GOV 12965 - (LA2Y)
CA - GOV 34090 - (2Y)
CA - LAB 1198.5 - (T+3Y)
CA - LAB 2810.8 - (T+3Y)
CA - VEH 1808.1(a) - (1Y)
CA - VEH 2547 - (LA3Y)
US - 29 CFR 825.500 - (3Y)
US - 29 CFR 1602.14 - (AC+1Y)
US - 29 CFR 1602.31 - (AC+2Y)
US - 29 CFR 1627.3 - (T+1Y)
US - 29 USC 1059 - (T+1Y)
US - 41 CFR 60-1.12 (a) - (2Y)
US - 41 CFR 60-741.80 - (2Y)
US - 48 CFR 4.703 - (AC+3Y)
US - 48 CFR 52.249-2 & 3 - (AC+3Y)
US - 49 CFR 40.333 - (5Y)
US - 49 CFR 382.401(b)(1) - (1Y, if
negative; 5Y if positive)
Contents are transferred to
Retirement Files, if applicable.
* Background files for Police
Department employees are purged 5
years after termination.

Multiple
084 Category Eliminated
085 Human Resources Recruitment Records and information related to recruitment of qualified persons for both paid and unpaid position with the City, including:
- applications and related records of candidates interviewed but not hired or accepted
- applications received but not acted upon.

All Temporary or Part-time/Extra-Help Staffing
Applications, CVs, Resumes (Rejected, Unsolicited)
Applicant Tracking Records (Hired, Rejected)
Background Checks, Investigations - candidates not
hired/accepted
Civil Service Examination Results and Rankings
Drug Testing, Pre-Hire Screening - candidates not
hired/accepted
Interview Notes
Job Descriptions
Job Postings, Announcements
Job Requisition Requests
Job Specifications
Miscellaneous Hiring Process Notes
Position Information
Recruitment of Commission/Committee Candidates
Tearoffs (age and ethnicity data )
Temporary Intern Staffing
Test Results (Non-hires)
Test and Examination Materials
Unpaid Interns (Rejected)
Volunteers (Rejected )
AC+4Y CA - 2 CCR 11013(c)(2) - (2Y)
CA - 8 CCR 11040(7) - (3Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 12946 (FR+4)
CA - GOV 12960 - (LA3Y)
CA - GOV 34090 - (2Y)
US - 29 CFR 1602.31 (2Y)
US - 29 CFR 1627.3(b)(1) - (1Y)
US - 29 CFR 1602.31 (2Y)
US - 41 CFR 60-741.44(f)(4) - (3Y)
US - 41 CFR 60-741.44(k) - (3Y)
Multiple
086 Human Resources Salary, Compensation Documentation of job classification compensation. Affirmative Action Plans Classification Specifications
Classification Studies
Compensation Plans, Planning, Analysis
Job Descriptions
Job Evaluation Documentation
Salary Range History
Salary Surveys
Wage Rate Tables
AC+3Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
US - 29 CFR 516.6 - (2Y)
US - 29 CFR 1602.14 - (AC+1Y)
US - 29 CFR 1602.31 - (2Y)
US - 48 CFR 4.703 - (AC+3Y)
US - 48 CFR 52.249-2 & 3 - (AC+3Y)
Multiple
5/6/2024 Page 21 of 33

City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 087 Human Resources Work Authorizations and
Supporting Documentation
Employment eligibility verification forms collected for active employees and supporting documentation regarding immigration status.

I-9 Documents and copies of associated documents (Kay)
Immigration Supporting Documentation
3Y or T+1Y,
whichever is
greater
US - 20 CFR 655 Subpart H - (T+1Y)
US - 8 CFR 274a.2 - (3Y, or T+1Y)
Human Resources
088 Information Technology Application, System Development and Maintenance
Technical documentation related to development of City
technology processes, applications, or systems, as well as conversions, changes or modifications to existing applications or systems.

Audit Records of Run Completions
Backups (Security, System)
Business, Functional Requirements
Change Requests
Data Element Attribute Reports
Data Migration Documentation
Database Dictionary / Schema
End User Documentation, User Manuals
Hardware Configurations
Joint Dispatch Center
Network Circuits Inventories
Network/Equipment Control Support Documentation (Service Histories, Site Visit Reports, Trouble Reports)
Program Listings
Source Code
Support Documentation (Logical & Physical Architectural Diagrams, Specifications, Systems Support Materials)
System Documentation (Codebooks, Record Layouts,
Reference Guides, Specifications)
System Test Files
System, Application Maintenance Documentation
(Hardware/Operating System Requirements, Monitoring Logs, Operating Manuals)
Telecommunications System (Telephones, Phones)
LI*+2Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
* LI = Life of Application, System IT
089 Legal Internal Legal Advice and Opinions Memoranda containing legal advice prepared by CAO attorneys for City departments.

Memos
Opinions - Covered by Attorney/Client Privilege
Opinions - Public
PR CA - GOV 34090 - (2Y) City Attorney
5/6/2024 Page 22 of 33

City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 090 Legal Litigation Records generated for or related to any case or action before a judicial, arbitral, or administrative officer or body, which matter is handled or supervised by the City Attorney's Office.

Amicus Briefs
Complaints
Confiscated Weapons
Court Orders
Discovery
Evidence
Exhibits
Judgments
Pitchess Motions
Pleadings
Related Correspondence
Releases
Settlement Agreements
Stipulations
Subpoenas
FR+10Y CA - 2 CCR 11013 - (FR+2Y)
CA - 8 CCR 10102 - (5Y; AC+1Y)
CA - 8 CCR 10103.1 - (5Y)
CA - 22 CCR 1085-2(c) - (4Y)
CA - CCP 315 - (LA10Y)
CA - CCP 337 - (LA4Y)
CA - CCP 337.15 - (LA10Y)
CA - CCP 337.2 - (LA4Y)
CA - CCP 337.5 - (LA10Y)
CA - CCP 338 - (LA3Y)
CA - GOV 911.2 - (LA6M; LA1Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - LAB 5410 - (LA5Y)
CA - RTC 19384 - (LA4Y)
CA - RTC 19704 - (LA6Y)
CA - UIC 1132 - (LA3Y)
US - 26 CFR 31.6001 (CU+3Y)
US - 26 CFR 301.6501(a)-1 - (3Y)
US - 26 CFR 301.6532-1 - (LA2Y)
US - 26 CFR 301.6532-2 - (LA5Y)
US - 26 CFR 301.6532-3 (a) - (LA9M)
US - 26 USC 6531 - (LA6Y)
US - 26 USC 6532 - (LA2Y)
US - 29 USC 255 - (LA2Y)
US - 29 USC 626 (d) - (LA300D)
US - 42 USC 2000e-5 (e) - (LA180D)
US - 42 USC 2000e-5 (f) - (LA180D)
City Attorney
091 Legal Regulatory Claims Records and information associated with claims made against the City regarding compliance with local, State, and Federal regulations.

Claim
Complaint
Department of Fair Employment and Housing (DFEH)
Equal Employment Opportunity Commission (EEOC)
AC*+2Y CA - GOV 12946 - (LA4Y)
CA - GOV 34090 - (2Y)
US - 29 CFR 1602.14 - (AC+1Y)
* Claim remains active until formal
complaint has been satisfactorily
resolved and closed/settled.

Multiple
092 Legislative Agendas - Regular Legislative and non-legislative agendas for Council, Commissions, Boards, Council Committees, and Council Task Force meetings.

Also includes Authorities (Joint Entities formed by the City Council) when the City is the lead agency.

Agendas
Correspondence
Meeting Notices
2Y CA - GOV 34090 - (2Y) Includes:
- Authorities
- City Council
- Boards
- Commissions
- Redevelopment Agency/Successor
Agency
City Clerk
093 Category Eliminated
094 Legislative Appeals - Non-Land-Related Documents associated with submitting and processing non-landrelated appeals made to City councils, commissions, boards, or special districts.

Administrative Appeals, denied, granted or withdrawn (code enforcement, teen alcohol hearings )
Appeals to Council
Petitions to Council/Appeals
Personnel Board Appeals
AC+2Y CA - GOV 34090 - (2Y) NOTE: Land-related appeals that are withdrawn are retained per this
category.

City Clerk
5/6/2024 Page 23 of 33

City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 095 Legislative Appointments Appointments made by authorized elected officials to councils, committees, boards, commissions, task forces, other advisory groups, or public offices, including those to fill vacancies for otherwise elected positions.

Applications (Appointed, Unsuccessful)
Interview Notes
Letters of Appointment
Letters of Recommendation
Oaths of Office and Affirmations
Resumes
Submitted Documents
T+2Y CA - GOV 34090 - (2Y) City Clerk
096 Legislative Local Agency Planning Commission
(LAFCO)
Records and information maintained for, prepared for, received from, and submitted to the Contra Costa County LAFCO.

LAFCO
Sphere of Influence
5Y CA - GOV 34090 - (2Y)
CA - GOV 56425(g) - (5Y)
CD
097 Legislative Official Meetings, Legislative
Actions
Legislative actions that document City policy, including Council, Boards, Commissions, and Council Task Force meeting minutes and Ordinances. Also includes Authorities (Joint Entities formed by the City Council) when the City is the lead agency.

Agenda Packets and Facesheets
Annotated Agendas
Bylaws
City Charter
City Codes
City-wide Plans/Programs Adopted
Conclusions
Council Packets
Financial Reports and Audits
Findings
Formation
Meeting Minutes (including annotated agendas when used as minutes), Notices, Recordings, Transcripts
Minute Books & Index
Municipal Code
Ordinances
Policy Resolutions
Reports to Council
Resolutions
Summary of Actions, Statement of Actions (SOAs)
Supplemental Communications
Transcriptions of audio or video recordings of meetings PR CA - GOV 34090(e) - (PR)
CA - GOV 60201(d)(2) - (SU+5Y)**
CA - GOV 60201(d)(3) - (PR)
* Many of these have historical
value.
** Ordinances, once repealed or
overridden, may be destroyed 5 years
after being superseded.

Includes:
- Authorities
- City Council
- Boards
- Commissions
- Committees
- Underground Utility Districts
- Redevelopment Agency/Successor
Agency
NOTE: Annotated agendas for closed
sessions are maintained by the City
Attorney's office.

City Clerk
098 Legislative Official Meetings, Non-Legislative
Actions
Non-legislative actions that document policies and official actions of Council, Committees, Task Forces, and Citizens Advisory Boards and Commissions.

Commendations
Correspondence
Entered Into Record
Memoriums
Proclamations
Summary of Actions, Statement of Actions (SOAs)
Supplemental Communications
Transcriptions of audio or video recordings of meetings 2Y CA - GOV 34090 - (2Y) Includes:
- Board of Appeals
- Commission on Aging
- Community Services Commission
- Design Review Board
- Human Relations Commission
- Measure Q Oversight
- Parks, Recreation and Open Space
Commission
- Personnel Board
- Planning Commission
- Status of Women Commission
- Successor Agency Oversight Board
- Youth Council
Multiple
099 Legislative Proposed Amendments to
Municipal Code - Unsuccessful
Documentation of proposed amendments to municipal code that were not approved.
2Y CA - GOV 34090 - (2Y) City Clerk
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City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 100 Legislative Public Notices Records documenting compliance with laws requiring public notice of government activities. Subjects include assessments, elections, land use changes, public meetings and hearings, sale of property, and others.

Affidavits of Posting
Affidavits of Publication/Legal Notices
Public Hearing Notices
4Y CA - CCP 337 - (4Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
Brown Act challenges must be
filed within 30 or 90 days of
action; Statute of Limitations
on Municipal Government
actions is 3 - 6 months
Multiple
101 Licenses, Permits Licenses, Permits Documentation of licenses, non-building permits and other authorizations issued in the City.

Alarm Permits
Alcoholic Beverage Permits
Annual Licenses
Applications
Business Licenses (applications, fees, financial history, reports) Concealed Weapon Permits (guns, etc. )
Encroachment Permits
FCC Licenses
Flood Zone Determinations
Home Business Licenses
Home Occupation Permits (HOP)
Massage Establishments (includes background checks)
Massage Technicians
Mobile Vendors, Peddlers
Notices
Proof of Insurance
Seasonal Sales Permits
Taxis (cabs, drivers )
Transportation Permits (oversize, overweight )
Use of City Property
Vendor Permits
AC+4Y CA - CCP 337 (4Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
Multiple
102 Office Services Office Support Records and information regarding general office services operations, including mail, print, and supplies/stores.

Certified Mail Reports
Cost Center Reports
Express Mail Tracking (FedEx, UPS, etc.)
Forms (Masters)
Inventory Tracking
Order Forms
Postage Tracking
Postal Records
Printing Orders
Production Files
Reprographics
Stationery Stores Tickets
Supplies Management
Travel and Itineraries
2Y CA - GOV 34090 - (2Y) Multiple
103 Planning Amendments to Zone Ordinances Amendments that have been submitted and approved, but not yet incorporated into published City zoning ordinances.

Amendments S*+5Y CA - GOV 34090 - (2Y) * When incorporated into a comprehensive update to City zoning
ordinances.

CD
104 Category Eliminated
105 Planning Current Development Schedules Schedules of current developments. Schedules AC+10Y CA - CCP 337.1 - (LA4Y) CA - CCP 337.15 - (LA10Y)
CA - GOV 34090 - (2Y)
CD
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City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 106 Planning Planning and Zoning Services Records and information pertaining to the activities of the planning division, including development, redevelopment, zoning, as well as planning approved by City Council.

Accessory Dwelling Unit Permit
Appeals - Granted
Central Business District Permits: Prior to 1985 (redevelopment occupancy, administrative applications, determinations ) Certificates of Appropriateness (includes findings of appropriateness) Conditions of Approval for Planning Applications
Current Development Pad Certifications
Design Reviews
Development Regulations
E.I.R., Notice of Determination, Categorical Exemptions, Draft E.I.R., etc.

General Plan (adopted plan, elements, amendments, final environmental impact report, growth management element, noise element, specific plans )
Grading Cut Sheets
Land Use Studies
Landscape
Lot Divisions
Meeting Minutes (project pre-construction )
National Register Districts
Offers of Dedication (unprocessed, unaccepted )
Parking Calculations
Permits (animal, conditional use (CUP), encroachment and grading (Fish & Game), land use, use (UP), signs )
Planned Unit Developments (PUDs)
Plans (Erosion Control, Grading, Hillside Development (HDPs), Improvement, Lot, Master, Site, Specific )
Preliminary Development Plans (PDPs)
Public Use
Reports (Geotechnical, Materials Testing, Soil )
Resolutions
Rights-of-Way (ROW)
Street Vacations
Subdivisions (major, minor )
Summary of Actions
Zoning (Changes, Rezoning, Ordinances, Variances )
Zoning Administrator Permits (ZAPs) (minor use permits ) Zoning Compliance Factsheets (ZCFs)
PR CA - 14 CCR 15095 - (Reasonable)
CA - CCP 337.1 - (LA4Y)
CA - CCP 337.15 - (LA10Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 12981 - (FR+1Y)
CA - GOV 34090 - (2Y)
CA - HSC 19850 - (LI)
CA - WAT 10631 - (5Y)
Multiple
107 Police Administrative Reporting and
Support
Reports received and/or generated, and documentation of support provided, in the routine course of law enforcement activities and not associated with a case number.

Activity Reports
Crime Statistics (periodic)
Daily Crime Report Number Log
Department of Justice Validation Lists
Extradition Files (out of state )
False Alarm Reports
Incident Logs
Peace Officer Traffic Stops Report
National Incident Based Reporting
Public Assist and Other Non-Criminal Police Contact Reports Published Reports
Ride-Along Program Records
Traffic Information Reports
AC+3Y CA - 11 CCR 999.228(j) - (3Y)
CA - 11 CCR 999.229(a) - (3Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - CCP 339 - (LA2Y)
CA - GOV 34090 - (2Y)
CA - GOV 12525.5 - (CU+1Y)
Police
153 Police Routine Body-Worn Camera Video
Records
Recordings of routine body-worn camera video monitoring, to include time and date of video, location of video and other related information.

Body-Worn Camera Recordings (body cam) 60D CA - PEN 832.18(b)(5)(A) - (60D) * Exception: If recordings are evidence in any criminal prosecution,
claims filed, potential claims or any
pending litigation, they shall be
preserved for 2 years after the
conclusion of the court action.

Police
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City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 154 Police Logs of Access or Deletion of Data
for Body-Worn Cameras
Documentation of when and by whom access to or deletion of data from body-worn cameras takes place.

Logs of Access or Deletion PR CA - GOV 34090 - (2Y)
CA - PEN 832.18(b)(5)(E) - (PR)
Police
108 Police Case Files - Dead Bodies Records, crime reports and evidence associated with investigations of dead bodies, whether by natural causes or found.

Reports
Statements
FR*+2Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
* Case remains active until body has
been identified and cause of death
determined. If determination is made
that the death was a homicide,
records are recategorized as "Felony
Murder/Homicide" case files (see
#111, below).

Police
109 Police Case Files - Detention Only Records, crime reports and evidence associated with individuals who are taken into custody, but for whom no charges are filed.

Reports
Statements
2Y* CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - HSC 11361.5 - (2Y)
CA - PEN 802 - (2Y)
* Provided there are no outstanding
warrants, deaths, and it is not
classified under PC §800 & 290 and
H&S §11850; Statute of Limitations is
2 years; Destroy juvenile marijuana
after age 18.

Police
110 Police Case Files - Felonies, Excluding
Murder
Records, crime reports and evidence associated with felony violations of laws, excluding homicide, juvenile crimes, child abuse, sexual assaults, and capital violations.

Case Files
Reports
FR*+10Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - PEN 799 - (MAINT)
CA - PEN 800 - (LA6Y)
CA - PEN 801 - (LA3Y)
CA - PEN 851.8 - (SEAL&DESTROY)
CA - PEN 851.90 - (MAINT)
CA - Law Enforcement Evidence and
Property Management Guide
Provided there are not outstanding
warrants, deaths, and it is not
classified under PC §800 and 290
and HSC §11850; Statute of
limitations is 2 years; Destroy juvenile
marijuana after age 18.
* FR = Final resolution is defined as
case has been adjudicated, all
appeals exhausted or all time served.

Police
111 Police Case Files - Felony
Murder/Homicide, Capital Offenses,
Child Abuse, Elder Abuse, and
Violations of Public Trust
Records, crime reports and evidence associated with capital felony violations of laws, including homicide, child abuse, elder abuse, embezzlement of public funds, or falsification of public documents. Also includes felonies reduced to misdemeanors, unallocated missing persons, and fatal accidents.

Case Files
Reports
PR CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - PEN 799 - (PR)
CA - Law Enforcement Evidence and
Property Management Guide
No limitation on commencement of
action; PC §261 , 286, 288, 288a,
288.5, 289, 289.5, and 799.

Police
112 Category Eliminated
113 Police Case Files - Marijuana Citations or
Reports (less than 28.5 grams)
Records of citations or reports for possession of less than 28.5 grams of marijuana.

Case Files
Reports
2Y CA - GOV 34090 - (2Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - HSC 11361.5 - (2Y)
Police
114 Police Case Files - Mental Cases (with 72
Hour Holds)
Records, crime reports and evidence associated with those mental health cases that have a 72-hour hold.

Case Files
Reports
5Y CA - GOV 34090 - (2Y) Police
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City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 115 Police Case Files - Misdemeanors,
Infractions
Records, crime reports and evidence of misdemeanors and infractions, including:
- Injury/Overdose/Attempted Suicides NOT resulting in death - Lost and Found Reports
- Sale of Marijuana (less than 28.5 grams) on school grounds - Mental Cases (except multiple entry and last entry is less than 2 years)
- Non-fatal traffic accidents/collisions
- Parking Citations
- Suspicious Circumstances, Person and Vehicle Reports
- Traffic citations
Case Files
Reports
AC+3Y* CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - Law Enforcement Evidence and
Property Management Guide
CA - PEN 802 - (LA1Y; LA2Y; LA3Y)
CA - VEH 2547 - (3Y)
* Provided there are no outstanding
warrants, deaths, and it is not
classified under PC §800 & 290 and
H&S §11850; Statute of Limitations is
2 years; Destroy juvenile marijuana
after age 18.

Police
116 Police Case Files - Missing Persons and
Runaways
Records, crime reports and evidence associated with missing persons and runaways.

Case Files
Reports
AC*+2Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
* Case remains active until solved Police
117 Police Case Files - Officer Involved
Shootings
Records, crime reports and evidence associated with criminal cases dealing with officer involved shootings.

Case Files
Reports
FR+25Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - PEN 799 - (PR)
CA - PEN 832.18 - (2Y)
CA - PEN 832.5 - (5Y, where there is
not a sustained finding of misconduct;
15Y where was a sustained finding of
misconduct)
Police
118 Police Case Files - Sealing of Records Records of court orders to seal the records of adults. Case Files Reports
3Y* CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - PEN 851.8 - (SEAL+3Y)
CA - PEN 851.90 - (MAINT)
CA - WIC 781.5(a) - (SEAL+3Y)
* From the date the records were
sealed.

Police
119 Police Case Files - Stolen Property Records, crime reports and evidence associated with stolen property.

Case Files
Reports
AC*+3Y CA - CCP 338 - (3Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
* Case remains active until solved Police
120 Police Case Files - Traffic Collisions -
Fatal
Records, crime reports and evidence associated with traffic collisions involving fatalities.

Case Files
Reports
PR CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
Police
121 Police Case Files - Unsolved Rapes Records, crime reports and evidence associated with unsolved rapes.

Case Files
Reports
PR CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - PEN 799 - (PR)
CA - PEN 800 - (LA6Y)
CA - PEN 801 - (LA3Y)
CA - PEN 13853 - (10Y)
Police
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City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 122 Police Code Compliance and
Enforcement, Non-Structural
Records and information documenting compliance with nonstructural City codes, including violations.Abatements Citations
Investigations
Litter
Notices of Violation
Photographs
Vehicle Abatement (abandoned vehicles )
Violations
Weed Abatement
AC*+3Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - PEN 802 - (2Y)
* Case remains active until all issues
have been satisfactorily resolved and
closed.

Police
123 Police Complaints, Internal Investigations -
No Sustained Finding of Misconduct
Documentation of complaints received, formal inquiries, and investigations, including those by Internal Affairs, involving Police department employees (excludes officer involved shootings) where this is no sustained finding of misconduct.

Citizen Complaints
Departmental Actions
FR+5Y CA - EVID 1045 - (AC+5Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 12946 - (4Y)
CA - GOV 34090 - (2Y)
CA - PEN 801.5 - (4Y)
CA - PEN 832.5(b) - (5Y, where there
is not a sustained finding of
misconduct)
CA - VEH 2547 - (3Y)
Police
155 Police Complaints, Internal Investigations -
Sustained Finding of Misconduct
Documentation of complaints received, formal inquiries, and investigations, including those by Internal Affairs, involving Police department employees (excludes officer involved shootings) where this is a sustained finding of misconduct.

Citizen Complaints
Departmental Actions
FR+15Y CA - EVID 1045 - (AC+5Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 12946 - (4Y)
CA - GOV 34090 - (2Y)
CA - PEN 801.5 - (4Y)
CA - PEN 832.5(b) - (15Y, where there
is a sustained finding of misconduct)
CA - VEH 2547 - (3Y)
Police
124 Police Criminal Registrations - Gangs Records for those required to register as gang violence offenders. 5Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y) CA - GOV 34090 - (2Y)
CA - PEN 186.32 - (5Y)
Police
125 Police Criminal Registrations - Sex
Offenders, Adult Arsonists
Records for those required to register as sex offenders or adult arsonists.

LI* CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - PEN 290(b) - (Life of Offender)
CA - PEN 290.008(d) - (5Y; 10Y)
CA - PEN 457.1(b)(2) - (Life of
Arsonist)
CA - WIC 781 - (SEAL+5Y)
* Life of the offender or adult arsonist
NOTE: Juvenile sex offenders can
petition Court for removal of
registration 10 or 20 years after
offense, provided there are no
subsequent offenses.

Police
156 Police Criminal Registrations - Juvenile
Arsonists
Records for those juveniles required to register as arsonists. Age 25 or SEAL+5Y
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - PEN 290(b) - (Life of Offender)
CA - PEN 290.008(d) - (5Y; 10Y)
CA - PEN 457.1(d) - (Upon reaching
age of 25 or when records are sealed)
CA - WIC 781 - (SEAL+5Y)
Police
126 Category Eliminated
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City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 127 Police Dispatch and Communications
Records
Records of police emergency calls and responses, to include time and date of call, contents of call, location of call, name of unit sent to scene, and other related information.
911 Emergency Call Logs
Computer Aided Dispatch (CAD)
Dispatch Activity Log
Radio Dispatcher Logs
Tape Recordings
180D CA - GOV 34090.6 - (Audio: 100D) * Exception: Recordings used as evidence in a criminal prosecution or
claim filed or litigation or potential
claims and litigation shall be
preserved for 100 days after
conclusion of the court action.

Police
128 Police Dissemination Records List of agencies to which information from the automated criminal offender record system has been disseminated.

Criminal Offender Record Information
Release of Information
Teletype Roster of Criminal Offender Record Information Requests
3Y CA - 11 CCR 707(c) - (3Y) Police
129 Police Field Interrogation Cards Cards used for gathering field interrogation notes, which are later transferred into official reports.

Field Interrogation Cards 6M Police
130 Police Guns: Dealers Record of Sale Notices of firearm sales by dealers licensed within the City. Firearms Notices
Sales
6Y CA - PEN 26705 - (1Y) Police
131 Police Seized or Unclaimed Property
Records
Records documenting tracking and management of physical property seized or impounded by the Police department, or collected by the Police department but unclaimed, and not assigned to a case number or considered as evidence in a criminal investigation.

Impounded Vehicles
Seized Property
Unclaimed Property
AC+2Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - VEH 10650(c) - (1Y)
Police
132 Police Suspect Fingerprint Cards Fingerprints collected by the department (also transmitted to the Department of Justice).

Fingerprints PR CA - GOV 34090 - (2Y) Police
133 Police SWAT Reports and Plans Documentation of SWAT activities and planning. After Action Reports Operational Plans
PR CA - GOV 34090 - (2Y) Police
134 Category Eliminated
135 Police Work Schedules Documentation of Police Department work schedules. Personnel Orders Log (Reassignments) 5Y CA - GOV 34090 - (2Y) Police 136 Construction and
Engineering
Code Compliance and
Enforcement, Structural
Records and information documenting compliance with structural City codes, including violations.

Citations
Compliance with Conditions of Approval
Inspections / Enforcement (Business, Residential )
Investigations
Multi-Family Inspection Program Inspection and Enforcement Records
Notices of Violation
Photographs
Red Tags
Violations
AC+2Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CD
137 Public Works Fire Sprinkler Inspections Records and information associated with fire sprinkler inspections of commercial and residential facilities.

Backflow Inspections 2Y CA - GOV 34090 - (2Y) PW
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City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 138 Public Works Fleet Management Records related to the purchase and management of vehicles owned or used and maintained by the City.

Auction Vehicles
California Bureau of Automotive Repair (BAR) Smog Records California Highway Patrol Biennial Inspection Terminal (BIT) Records
Customer Orders
Manuals
Motor Vehicle Records and Reports
Pool Tickets, Vehicle Logs, Usage Logs
Registrations, Operating Permits
Rental Work Orders
Repair Orders, Requests
Service Calls
Tax Exemption Certificates
Vehicle Accident Reports
Vehicle Certificates of Insurance
Vehicle Inspections
Vehicle License Plate Records
Vehicle Maintenance History
Warranties
LI*+2Y CA - 22 CCR 66266.130(c)(5) - (3Y)
CA - CCP 337 - (LA4Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - HSC 25250.18(b) - (3Y)
CA - VEH 34505.5(c) - (2Y)
* LI = Life of Vehicle Multiple
139 Public Works Hazardous Waste, Monitoring and
Remediation
Planning, monitoring and contingency/emergency action plans for hazardous waste, emergency and spill response, natural and exposure emergencies, notifications and response; environmental action plans and supporting documentation; hazardous
communications plans, including labeling, MSDS controls, training programs and procedures.

Chemical Use Reports Form
Electronic Waste (E-Waste)
Emergency Response Programs
Employee Hazardous Exposure (chemical, toxic, etc.)
Hazardous Material Incident Reports
Hazardous Substances Shipping Manifests
Hazardous Waste
Herbicide Application Permits
Material Safety Data Sheets (MSDS)
Proposition 65 Monitoring
Site Mitigation
Toxic Substance Inventory
AC+30Y CA - CCP 338.1 - (LA5Y)
CA - 8 CCR 3204(d) - (AC+30Y)
CA - 22 CCR 66262.40 - (3Y)
CA - 22 CCR 66263.22 - (3Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - HSC 25160.8(c)(3)(D) - (AC+3Y)
CA - HSC 25244.19 - (4Y)
CA - HSC 25244.20 - (4Y)
US - 29 CFR 1910.1020 - (AC+30Y)
US - 40 CFR 268.7 - (3Y)
US - 40 CFR 270 - (3Y)
US - 49 CFR 172.201 - (3Y)
US - 49 CFR 177.817 - (3Y)
PW
140 Public Works Infrastructure Equipment
Management
Records related to the purchase and management of
infrastructure equipment for the City.

Equipment Manuals
Warranties
LI* CA - CCP 337 - (4Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 4216.2(f) - (3Y)
CA - GOV 34090 - (2Y)
* LI = Life of Equipment Multiple
141 Public Works NPDES Permits Records associated with National Pollutant Discharge Elimination System (NPDES) permits.

NPDES Permits PR CA - CCP 337 - (LA4Y)
CA - CCP 338 - (LA3Y)
CA - CCP 338.1 - (LA5Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
US - 40 CFR 122.21 - (5Y)
US - 40 CFR 122.41 - (5Y)
PW
142 Public Works Project Files - Not Acquired Records and information associated with projects that did not move forward.

Environmental Reports
Preliminary Studies
Project Assessments
Title Reports
5Y CA - GOV 34090 - (2Y) CD
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City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 143 Public Works Real Property Maps Final maps and geographical information pertaining to City properties.

Aerial Photos/Maps
Annexation/Deannexation Master Maps
Assessment Districts (boundary maps, diagrams, district folders, engineer's reports )
Assessor Parcel Maps
Building Site Determination
Drainage
Final
Grading
Land Survey Maps
Lot Line (including Adjustments)
Lot Numbers
Major Subdivisions (SD)
Minor Subdivisions (MS)
Parcel Mergers
Parcels
Parks
Plats
Record Maps
Record of Survey Maps
Redevelopment
Sphere of Influence
Street Address Files
Subdivision Improvement Plans, Drawings
Survey
Tentative Maps
Vellums
PR CA - CCP 337.15 - (LA10Y)
CA - GOV 34090 - (2Y)
CA - HSC 19850 - (LI)
CD
144 Public Works Scheduled and Periodic Safety
Inspections
Records of inspections of City facilities, equipment, and working conditions to identify unsafe conditions and work practices.

Inspections AC+5Y CA - 8 CCR 3203(b)(1) - (1Y)
CA - CCP 338.1 - (LA5Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - HSC 25284.4 - (3Y)
CA - LAB 6401.7 - (MAINT)
PW
145 Public Works Sewer Tax Assessment
Calculations
Documentation of the calculations performed to determine assessments for sewer taxes.

Calculations
Correspondence
Related Documentation
AC+2Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
PW
146 Public Works Street Lighting Inventory Inventories of street lighting installed within the City. Inventories Street Lights
PR CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
PW
147 Public Works Traffic and Transportation
Management
Records and information of traffic engineering and transportation improvement activities, including studies and surveys.

Agendas, Minutes
Ballots
CalTrans Grants, Funding
Correspondence
Petitions
Presentations
Reports
Speed Surveys
Studies/Surveys
Summaries
Temporary Street Closures
Traffic Calming Program (manuals, brochures, prioritization list ) Traffic Counts
Traffic Information Files (citizen requests )
10Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
PW
148 Public Works Traffic Control and Planning Records and information related to the City's efforts to control and plan traffic and circulation.

Congestion Management Plan (CMP)
Traffic Control Resolutions
PR CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
Multiple
5/6/2024 Page 32 of 33

City of Concord
Retention Schedule
Record
No. Business Process Record Category Name Record Category Description Example Records Retention Legal Citations Comments Office of Record AC = Active AU = Audit CL = Closed/Completion CU = Current Year EXP = Expiration FR = Final Resolution LA = Last Activity LI = Life (of contract, program, asset) M = Maturity PR = Permanent PC = Project Completion S = Superseded T = Termination 149 Public Works Water and Waste Management Records and information associated with management, planning and maintenance of water and waste programs.

Biennial Reports
Clean Water Program (studies, task force, brochures,
publications, workshops, plans )
Diversion Goals
Environmental Conservation
Environmental Programs
Flood Control & Disaster Files
Meter Inventory
Pipe Inventory
Pollution Prevention
Recycling (campaigns, events, reports )
Storm Drains
Storm Water Runoff Testing
Street Sweeper Program
Treatment Plan
Trash Services
Underground Service Alerts (USA)
AC+5Y CA - CCP 338 - (LA3Y)
CA - CCP 338.1 - (LA5Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - HSC 25244.19 - (4Y)
CA - HSC 25244.20 - (4Y)
US - 40 CFR 122.21(p) - (5Y)
US - 40 CFR 122.41(j) - (5Y)
US - 40 CFR 122.44 - (3Y)
CD
PW
150 Risk Management Claims Management Records detailing claims against the City and its agencies, including those made against City insurance coverage.

Accident/Incident Reports
Actuarial Reports
Annual Audit of Open Claims
Appraisals
Claims By/Against the City
Damage Estimate Reports
Supporting Documentation
Inspections (in support of claims, e.g., OSHA)
Insurance Claims, Appraisals, Reports
Investigations
Liability Waivers
Operational Complaints (against agencies)
Reports
Unemployment Claims
AC+10Y CA - 2 CCR 11013 - (AC+2Y)
CA - CCP 337 - (4Y)
CA - CCP 338.1 - (LA5Y)
CA - GOV 911.2 - (LA1Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 12946(b) - (FR)
CA - GOV 12960 - (LA3Y)
CA - GOV 34090 - (2Y)
CA - VEH 2547 - (LA3Y)
Retain same period as litigation. City Attorney
151 Risk Management Insurance Coverage Records detailing the City's general coverage against property damage and liability, including renewal submission information, insurance quotes, & broker correspondence.

Binding Information
Binders
Broker Correspondence
Certificates of Insurance
Completed Applications
Disability Insurance
Flood Insurance
Insurance Policies
Insurance Procured by Others (Vendors)
Insurance Quotes
Insurance Submissions
Liability Insurance
Renewal Strategy
Unemployment Insurance
PR CA - 22 CCR 3267-2 - (MAINT)
CA - CCP 337 - (5Y)
CA - GOV 8546.7 - (CL+3Y)
CA - GOV 34090 - (2Y)
City Attorney
152 Security Security, Access Operations Records and information regarding physical access controls and protection for City buildings, facilities and events.

Access Controls
Access Reports
Badge Lists
Daily Activity Logs
Facility Key Lists
Privileged Area Access Requests
Security Camera (CCTV) Footage (parking garages )
Security for Private Events at Public Facilities
Security Plans
Transaction Logs
Visitor Security / Access Logs
2Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
IT
5/6/2024 Page 33 of 33

1 CITY OF CONCORD

ADMINISTRATIVE DIRECTIVE
Number:

Authority:

Effective:

Revised:

Reviewed:

Initiating Dept.:

XX
City Manager
8-25-69
6-25-24
CM

RECORDS AND INFORMATION MANAGEMENT

1. PURPOSE
To define the requirements for managing the records and information assets of the City of Concord in compliance with laws, regulations, and business operational requirements.

2. SCOPE
This Policy applies to employees, temporary workers and contractors of the City who act on behalf of the City and who have access to, or use of, City records and information assets to the extent they are involved in the creation, maintenance or storage of the City’s records and information.

Definition of Records and Information
This Policy governs all types of City records and information created or received by the City in the course of its business. Records and Information include, but not limited to:
a) Paper documents, forms, reports, manuals, maps, drawings, correspondence and files; b) Computer-received and generated records and information in structured or unstructured format, electronic communication, and metadata;
c) Records and information in other formats such as microfilm, videos, audiotape, photographs, etc., regardless of the location or device upon which the information is stored. d) Records and Information, for the purposes of this policy, do not include Convenience Information, which consists of documents or data not required to be retained and generally have only reference value. Convenience Information should be kept or maintained only while it is active and useful, then disposed of. Under no circumstances should Convenience Information be kept longer than the retention period for the official record. Examples of Convenience Information include:
a. Catalogs and Trade Journals
b. Duplicate Copies
c. Extra Copies
d. Personal Documents
e. Personal Working Files
f. Reference Materials
g. Templates
h. Transitory Correspondence

3. AUTHORITIES

3.1 State and Federal Law. Numerous State and Federal codes and sections apply to different types of records. The principal California law applicable to City records is Government Code Section 34090 et seq., which requires original records to be retained a minimum of two years and sets forth other requirements. Each record series listed in Concord’s Records Retention Schedule has Attachment 2
applicable laws cited in the “Comments/Reference” column.

2 ADMINISTRATIVE DIRECTIVE NO. XX

3.2 State-Wide Retention Guidelines. California has adopted guidelines for retention periods of government records. Any deviations from these guidelines are noted in the “Comments/ Reference” section of Concord’s Records Retention Schedule.

3.3 Professional Standards. Selected professions, such as Human Resources and Finance, have published standards and/or articles recommending retention periods for different types of records.

Any deviations from these guidelines are noted in the “Comments/Reference” section of Concord’s Records Retention Schedule.

3.4 Government Code Section 34090. City records may be destroyed with approval of the legislative body by resolution and written consent of the City Attorney, except those records affecting title to real property or liens thereon; court records; records required to be kept by statute; records less than two years old; the minutes, ordinances, or resolutions of the legislative body or of a city board or commission.

3.5 Government Code Section 34090.5. City records may be destroyed without the approval of the legislative body or written consent of the City Attorney if they have been stored in a trusted system that does not permit additions, deletions, or changes to the original document (in accordance with Government Code Section 12168.7). The record shall also be kept in a safe and secure place, and on a device used to reproduce such record as accurately and legibly as the original, and as accessible to the public as the original.

3.5.1 Government Code Section 12168.7. For the purposes of Government Code Section 34090.5 above, records stored by Information Technology in a Snap-Lock or Worm device meet the trusted system requirement.

3.6 Government Code Section 6200. Every officer having custody of any record, map, book, or paper filed in a public office who is guilty of willfully destroying, altering, or removing the whole or any part of such item is punishable by imprisonment in accordance with State law.

4. POLICY

4.1. Ownership
Records and information created or received in the course or conduct of the City’s business is the exclusive property of the City. Therefore, records and information are subject to compliance with this Policy, the associated Retention Schedule and any other City governance requirements.

4.2. Authenticity
The City is committed to creating and maintaining complete, accurate, and trustworthy records and information that documents its business activities. Deliberately creating false or misleading records or information regarding the City’s activities is strictly prohibited.

Records and information are potentially discoverable in litigation, regardless of storage medium and regardless of physical location. Moreover, unless exempted, records are available to the public pursuant to the California Public Records Act, Government Code Section 6250 et. seq.

4.3. Classification
Records and information will be created, stored and managed with the appropriate classification that enables their protection as well as necessary access for future use.

3 ADMINISTRATIVE DIRECTIVE NO. XX

4.4. Retention
Records and information are to be retained in accordance with the City of Concord Retention Schedule. When records or information completes its retention period, regardless of the format, they shall be deleted or disposed of in compliance with City procedures. The City’s preferred method of retention is in an electronic format.

4.5. Storage
Records and information no longer considered active may be transferred to designated offsite storage facilities to fulfill retention requirements. Records and Information transferred to offsite storage are to be indexed for future access. Information that is owned by the City should not be stored on any personal devices.

4.6. Availability
Records and information must be available for future business, litigation, and investigations as necessary, regardless of storage location. Records and information that is deemed “public” is to be made available for the public in accordance with applicable laws and regulations.

4.7. Exiting Employees and Contractors
When an employee or a contractor leaves the City, the supervisor or manager is responsible for complying with the requirements of this Policy and any supporting procedures for retaining and managing the records and information of the exiting employee or contractor.

4.8. Suspending Disposition of Retention Requirements
Records and information relevant to litigation, an investigation, or an audit and subject to a Legal Hold are to be retained and preserved until further notice from the City Attorney, or designated outside counsel, regardless of the retention period set forth in the Retention Schedule. Records and information subject to a Legal Hold, Tax Hold, or an audit that are no longer required for business purposes may be transferred to offsite storage facilities for preservation in coordination with the City Attorney.

4.9. Vital Information
Records and information designated as “vital” are to be protected in a manner that establishes the priority of recovery of the data in a timely manner following a disaster or system disruption.

4.10. Recovery Backup Tapes
Disaster recovery backup tapes are exact copies of an operating system, associated application and data created for the sole purpose of recovering data in the event of a disaster and are not subject to the requirements of the Retention Schedule because they are duplicate documents. Backups serve as a level of protection for electronic systems and the data that is stored on those systems.

5. RECORDS MANAGEMENT GUIDELINES

5.1 Each department shall maintain active records using sound records management practices and a standardized records filing system as identified by the City Clerk’s Office.

5.2 The Records Management Coordinator shall provide technical support to departments with the filing system and conduct related training.

5.3 Filing, retention and storage shall be performed in compliance with the Records Management Program and the City Council-adopted Records Retention Schedule to ensure easy access to public records.

4 ADMINISTRATIVE DIRECTIVE NO. XX

5.4 The City’s Records Management Coordinator shall provide Records Management Training as an ongoing part of the Records Management Program.

6. RESPONSIBILITY

6.1. The City Clerk’s Office shall administer the Records Management Program.

6.2 Each Department Head shall appoint a Records Representative and an alternate to work with the Records Management Coordinator to implement the Records Management Program.

6.3 Both the Department Head and the City Attorney shall approve the destruction of departmental records authorized by the Council-adopted Records Retention Schedule when the department is designated as the Office of Record (OFR).

6.4 The Records Management Coordinator shall periodically review inactive records in storage and prepare a list of obsolete records for destruction when the retention period has expired according to the Council-adopted Records Retention Schedule.

6.5 Audits will be made periodically by the Records Management Coordinator to assure compliance with the Records Retention Schedule and to evaluate the program.

6.6 The Records Management Coordinator shall be responsible for any additions or deletions to the City of Concord Filing System.

7. POLICY REVIEW
The Retention Schedule may be amended or modified from time to time, as necessary, to account for changes in legal, regulatory or operational requirements for information management. The City Clerk is authorized to make these changes.

Staff Report
Date: June 25, 2024
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering adoption of a Resolution calling for and ordering a General Municipal Election and Specifications of the Election Order for the purpose of electing a total of two members of the City Council to seats in Districts 2 and 4, one member for each district, for full terms of four years, and requesting an consenting to the consolidation of said General Municipal Election with the General Election to be held on November 5, 2024.

Report in Brief
A general municipal election will be held in the City of Concord on Tuesday, November 5, 2024, under the provisions of the laws relating to general law cities in the State of California.

The purpose of the election is to choose City Councilmembers for Districts 2 and 4 to take office upon the term expirations of Councilmembers Carlyn Obringer (District 2) and Edi Birsan (District 4).

Recommended Action
Adopt a Resolution calling for and ordering a general municipal election and specifications of the election order for the purpose of electing a total of two members of the City Council to seats in Districts 2 and 4, one member for each district, and requesting and consenting to the consolidation of said general municipal election to be held on November 5, 2024.

4.i

City Council Agenda Report
Agenda Item No. 4.i
June 25, 2024
Background
Because the Contra Costas Elections Division provides election services to the City of Concord, the City Council adopted Ordinance No. 98-54 to change the date of the City’s general municipal elections from the odd-numbered years to the even-numbered years in November to consolidate election cycles with the statewide general election cycle.

The purpose of the consolidation was to increase voter participation and to reduce the cost of the election to taxpayers. The ordinance states that a general municipal election shall occur on the first Tuesday after the first Monday of November in even-numbered years.

On August 4, 1998, the Contra Costa County Board of Supervisors approved the consolidation with the statewide general election held in November of each evennumbered year.

On March 6, 2018, the City Council adopted Ordinance No. 18-2 in order to transition to a district-based electoral system. The City held its first Districts Election in November 2018 for open seats in Districts 1, 3, and 5, and the November 3, 2020, general election was held for open seats in Districts 2 and 4.

On April 5, 2022, after going through the Redistricting process required after the 2020 Census, the City Council adopted Resolution No. 22-18 establishing district boundaries for “By District” City Council elections beginning with the November 2022 election.

Analysis
Pursuant to the requirements of the laws of the State of California relating to general law cities, the City Council is required to adopt a resolution calling and ordering a general municipal election to be held in the City of Concord on Tuesday, November 5, 2024. Due to expiring terms, it is necessary to elect a total of two Councilmembers (one each in Districts 2 and 4) for full terms of four years.

The resolution also sets forth other particulars of the election, including setting the word limit for candidate statements to 250 words as requested by the County Elections Division due to changes in the way voter pamphlets are printed, and authorizes the City Clerk, as the election official for the City of Concord, to work with the Contra Costa County Elections Division as needed in order to properly and lawfully conduct the election.

The practice established for previous City elections requires the candidate to pay the cost of publishing the statement in the voter pamphlet. It is estimated that the cost to print a 250-word candidate statement this year is $457 for District 2 candidates and $462 for District 4 candidates. The final estimate will be provided by the Contra Costa County Elections Division in July, prior to the nomination period opening on July 15, 2024. The difference between the estimate and the actual cost will be invoiced or refunded upon determination of the actual cost by the County.

City Council Agenda Report
Agenda Item No. 4.i
June 25, 2024
Financial Impact
Based on a current registered voter population of 72,039 and an estimated cost of $2.50 - $4 per registered voter, the estimated cost of the election is approximately $180,000 - $288,000. Final costs will be determined by the Contra Costa County Elections Division following the election and varies depending upon the number of agencies that consolidate and share in the election costs.

Public Contact
The City Council Agenda was posted. The Notice of Election will be published in the East Bay Times, as required by law, during the nomination period. Requirements pertaining to the election will be included in the Election Informational Packet given to each candidate for office in the November 5, 2024, election.

Attachment

1. Resolution calling the November 5, 2024, General Election

Res. No. 24-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Calling for and Ordering a General
Municipal Election and Specifications of the Election
Order for the Purpose of Electing a Total of Two
Members of the City Council to Seats in Districts 2
and 4, one Member for each District, each for Full
Terms of Four Years, and Requesting and Consenting
to the Consolidation of Said General Municipal
Election with the General Election to be Held on
November 5, 2024
Resolution No. 24-XX
/
WHEREAS, the City Council has ordered a General Municipal Election to be held on Tuesday, November 5, 2024, to fill certain municipal offices; and WHEREAS, other elections may be held in whole or in part of the territory of the City and it is to the advantage of the City to consolidate pursuant to Elections Code Section 10002; and WHEREAS, Elections Code Section 10002 requires the City to reimburse the County in full for the services performed upon presentation of an invoice to the City by the County Elections Official; and
WHEREAS, Elections Code Section 13307 requires that before the nominating period opens the governing body must determine whether a charge shall be levied against each candidate submitting a candidate’s statement to be sent to the voters; may establish the cost; and determine whether the cost be paid in advance; and
WHEREAS, Elections Code Section 12101 requires the publication of a notice of the election once in a newspaper of general circulation in the City; and WHEREAS, tie votes shall be determined by lot pursuant to Elections Code Section 5651(a) unless the City Council adopts the provisions of Elections Code 15651(b) prior to the conduct of the election resulting in the tie vote.

NOW, THEREFORE, IT IS ORDERED that an election be held in accordance with the following specifications:

Section 1. The General Municipal Election shall be held on Tuesday, the 5th of November, Attachment 1

Res. No. 24-XX 2
2024. The purpose of the election is to choose successors for the following offices: Member of the City Council for District 2 and Member of the City Council for District 4, each for full terms of four years.

Section 2. This City Council hereby requests and consents to the consolidation of this election with other elections which may be held in whole or in part in the territory of the City, as provided in Elections Code Sections 10002.

Section 3. The City will reimburse the County for the actual cost incurred in conducting the election upon receipt of a bill stating the amount due as determined by the elections official.

Section 4. The Candidate Statements will be limited to 250 words. As a condition of having the Candidate’s Statement published, the candidate shall pay the cost at the time of filing nomination papers.

Section 5. The City of Concord City Clerk is to publish the Notice of Election in the East Bay Times, which is a newspaper of general circulation that is published daily in the City.

Section 6. The City Council has determined that the action to be taken in the event of a tie vote is as follows: by lot pursuant to Elections Code Section 15651(a), unless the City Council adopts the provisions of Elections Code 15651(b) prior to the conduct of the election resulting in the tie vote.

Section 7. The City directs that a certified copy of this Resolution be forwarded to the Registrar of Voters and to the Board of Supervisors of Contra Costa County.

Section 8. This resolution shall become effective immediately upon its passage and adoption. //
//
//
//
//
//
//
//

Res. No. 24-XX 3
PASSED AND ADOPTED by the City Council of the City of Concord on June 25, 2024, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 24-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on June 25, 2024.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Thomas S. Capriola
Senior Assistant City Attorney

From: D'Marco Anthony <[email protected]>
Sent: Saturday, June 22, 2024 1:48 PM
To: Concord City Council Email <[email protected]>; City Clerk <[email protected]>
Subject: Public comment item 4i
Dear Concord City Council,
I urge you all to vote for election tie breakers to be resolved via special election, rather than by lot. Since I have already given public comment on this issue at least a couple times, I will largely be echoing my previous public comments on the matter (paraphrased and verbatim). Please recall when I pointed out that a tied election in Virginia in 2017 was determined by random drawing. That drawing not only impacted the outcome of that one single race– it also decided the entire balance of power for the Virginia House of Delegates. That drawing gave Republicans the majority during that time.

Our local elections are important too, and at the end of the day, the will of the voters should prevail. Even though City Council seats are non-partisan positions, there still is a balance of power on many issues. It is not unheard of for us to have a consequential City Council decisions decided by a narrow 3-2 vote margin. There would be indignation from members of the community each and every time the deciding vote is cast by someone who won their seat by lot, rather than winning a plurality or majority of votes.

And once again I remind you all that Richmond, California recently had a tie breaker by lot, so you need not look far for an example of this happening. It is very unfortunate that some members of the public accused the City Clerk of Richmond of not being impartial, and they feared that she would rig the tie breaker in one of the candidates’ favor. While *I* know our City Staff members have integrity, and would never rig an election outcome– unfortunately, other members of the public might be more skeptical. A tie breaker by lot could cause our City Staff to receive similar unwarranted accusations of “fixing” the election.

The main counterargument against having a special election being the tie breaker could be cost. Nevertheless, I believe upholding the integrity of the election and striving to be as democratic as possible is important. The benefits to the public outweigh the costs.

If a candidate lost an election by lot, they and their supporters would be devastated. On the flip side, if a candidate won a tie breaker by lot, they would enter the office knowing that they do not truly have a mandate from the voters.

I have requested for this item to be pulled from the Consent Calendar, and I hope the City Council will adopt special elections as the tie breaker option. If anyone on the City Council would like to discuss my concerns, please do not hesitate to reach out to me.

Thank you,
D’Marco J. Anthony — Concord resident
Benched Correspondence
Agenda Item No. 4.i
June 25, 2024

From: D'Marco Anthony <[email protected]>
Sent: Friday, June 21, 2024 5:58 PM
To: City Clerk <[email protected]>
Cc: Fockler, Joelle <[email protected]>
Subject: Request to pull item 4i
Hello, I would like to kindly request for item 4i to be removed from the Consent Calendar for separate consideration.

Thanks you,
-D'Marco J. Anthony

Staff Report
Date: June 25, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director of Public Works
Ken Yee, Facilities Maintenance Manager
Prepared by: Jeff Rayos, Senior Administrative Analyst
[email protected]
(925) 671-3448
Subject: Considering authorization to increase purchasing authority with SCP Distributors LLC dba Lincoln Water Aquatics for water treatment supplies and pool furniture in a not-to-exceed amount of $132,000 fin FY 23-24 and $105,000 in FY 24-25.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(2), 15061(b)(3), 15378, 15323, and/or 15301.

Report in Brief
Due to a limited vendor pool, Lincoln Water Aquatics has been the recipient of multiple informal procurements for water treatment supplies and chemicals, as well as pool furniture this fiscal year. Total authorizations in Fiscal Year 2023-24 are estimated to rise to $132,000 and to be $105,000 in FY24-25.

Per the City’s municipal code 3.10.040, Council approval is required when a vendor’s spending authority exceeds the City Manager’s expenditure authority, which is $85,000 this fiscal year.

Recommended Action
Authorize an increase in purchasing authority with SCP Distributors LLC dba Lincoln Water Aquatics for water treatment supplies and pool furniture in a not-to-exceed amount of $132,000 in FY 23-24 and $105,000 in FY 24-25.

4.j

City Council Agenda Report
Agenda Item No. 4.j
June 25, 2024
Background/Analysis
Under the California Code of Regulations Title 22, Division 4, Chapter 20, public swimming pools and spray parks require chemical treatment to maintain operations. Per the City’s municipal code 3.10.040, Council approval is required when a vendor’s spending authority exceeds the City Manager’s expenditure authority, which is $85,000 this fiscal year. Due to limited vendor availability providing specialized water treatment supplies and delivery, Lincoln Water Aquatics (Location: 1848 Arnold Industrial Pl, Concord, CA 94520), has been the recipient of several informal procurements in FY23- 24 to meet ongoing needs at the Concord Community Pool and Meadow Homes Spray Park.

In June 2023, Lincoln Water Aquatics was the recipient of an informal procurement to provide water treatment chemicals for the Concord Community Pool (Contract No. 3352; Purchase Order 20625) in the not to exceed amount of $84,500 from 7/1/23 – 6/30/24 (one-year). The agreement provides required water treatment chemicals, including 22,000 gallons of Sodium Hypochlorite (Chlorine), 5,000 gallons of Muriatic Acid, and 150 bags of Sodium Bicarbonate, and safe delivery to the Concord Community Pool on an as-needed basis.

In May 2024, Lincoln Water Aquatics was the recipient of one-time informal procurement to replace seven moveable lifeguard chairs at the Concord Community Pool in the amount of $42,604 awarded under PO 20625. This procurement was a onetime need, separate from the annual water treatment contract and will not be required in the next fiscal year, but with the purchase the City Manager’s purchase order threshold was exceeded, and Council approval is needed.

In addition to being awarded the above procurements, Lincoln Water Aquatics has also provided water treatment supplies for the Meadow Homes Splash Park on an asneeded basis during the summer operating months, estimated to be $10,169 in FY23-

24. As denoted in the subsection (bid-process), as-needed small individual procurements were executed on an individual basis and not under an existing Purchase Order or contract, as allowed in the City’s municipal code 3.10.040.

Current, year to date expenses for Lincoln Water Aquatics, incorporating all of the above purchases, are $102,301 ($17,301 over the City’s threshold) and projected to increase to $132,000 due to increased use during the operating summer months.

Current invoices are on hold pending authorization to increase spending authority.

The forecasted costs for providing water treatment supplies in FY24-25 are subject to price fluctuation but estimated to be $105,000 as the one-time furniture replacements will not be required in the coming fiscal year.

City Council Agenda Report
Agenda Item No. 4.j
June 25, 2024
Bid Process
In June 2023, in accordance with the City’s Purchasing Ordinance, the Recreation Services Department informally solicited bids for supplying water treatment supplies and chemicals for the Concord Community Pool, Lincoln Water Aquatics met all City contractual requirements as the lowest responsive bidder and the City Manager executed an informal agreement No. 3352 (Purchase Order No. 20625) to provide water treatment supplies in FY23-24 in the amount of $84,500. Year to date expenses for contract No. 3352 are $49,528 (as of 6/12/24) and projected to increase to $79,227 for service through June 2024. The Recreation Services Department will solicit a new agreement in FY24-25 (7/1/24 – 6/30/25) to continue to meet operating requirements of the pool.

In May 2024, the Recreation Services Department solicited a one-time informal procurement to replace seven moveable lifeguard chairs at the Concord Community Pool. Three vendors submitted quotes and Lincoln Water Aquatics was the most responsible and responsive bidder and they were awarded an agreement under Purchase Order 20625. The equipment was received in June 2024 in the amount of $42,604 (paid on 6/14/24).

Due to a limited vendor pool, the Department of Public Works have utilized Lincoln Water Aquatics as a local vendor providing supplies and for the Meadow Homes Splash Park. Public Works expenditures were independent of the purchase of supplies for Concord Community Pool and are classified as small procurements under Municipal Code 3.10.040. For FY 23-24 these expenditures are estimated to be $10,169. When these small procurements are combined with the existing purchase orders and forecasted expenditures through June 30, 2024, the City will be spending approximately $132,000 with Lincoln Water Aquatics FY 23-24. The City needs to add $47,000 in costs to this fiscal year FY23-24 and $15,000 in costs next fiscal year FY24-25 to continue utilizing Lincoln Water Aquatics for servicing the City’s pool and splash park.

Staff will continue to seek competitive bids from the vendor community on future solicitations, however, incase Lincoln Water Aquatics is the sole bidder or wins the bid to continue to provide water treatment chemicals in FY24-25, staff requests that Council authorize an increase in spending authority for next fiscal year too.

Financial Impact
Funding for these purchases is available in the adopted operating budgets.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), and/or 15378, 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

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considered categorically exempt from further environmental review pursuant to the California Environmental Quality Act (“CEQA”) per CEQA Guidelines Section 15301 – Existing Facilities, and/or 15323 – Normal Operations of Facilities for Public Gatherings.

No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 1530.2 apply.

Public Contact
The City Council Agenda was posted.

Staff Report
Date: June 25, 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: Tianjun Cao, PE, Associate Civil Engineer
[email protected]
(925) 671-3243
Subject: Considering approval of a Professional Services Agreement with TJKM in the not-to-exceed amount of $741,227 for civil engineering design and related services for the Street Lighting and Safety Improvements Project [City Project No. 2695 and Federal Project No. HSIPL-5135(064)]; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney (Funded by Federal Highway Safety
Improvement Program Grant, Measure J Local, and Measure V Funds)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065 and/or 21080.19, Guidelines Sections 15060(c)(2), 15060(c)(3), 15061(b)(2), 15061(b)(3), and/or 15378.

Report in Brief
The City of Concord (City) applied for and was awarded a Highway Safey Improvement Program (HSIP) grant funding for the Street Lighting and Safety Improvement Project (Project) [City Project No. 2695 and Federal Project No. HSIPL-5135(064)]. The Project proposes to upgrade 5,500 existing street lights from Induction lighting to LED lighting within the entire City. A total of 32 new street lights will also be installed in select locations along the following corridors: Willow Pass Road, Concord Boulevard, Galindo Street/Monument Boulevard, Clayton Road, Treat Boulevard, Cowell Road, and Ygnacio Valley Road/Kirker Pass Road (see Attachment 1). The Project will also install

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traffic signal improvements at twelve (12) intersections around the City, along with installation of three sets of Rapid Rectangular Flashing Beacons (RRFBs), and two High intensity Activated crossWalKs (HAWK) systems. The Project will also evaluate transportation technologies that can be incorporated into the City’s street lighting and traffic signal infrastructure to help assist the City in improving traffic safety and overall efficiency of streetlight operations and maintenance.

Project design is anticipated to begin in July 2024 and be completed in 2025, with construction substantially completed by 2027.

Recommended Action
Approve a Professional Services Agreement with TJKM in the not-to-exceed amount of $741,227 for civil engineering design for the Street Lighting and Safety Improvements Project [City Project No. 2695 and Federal Project No. HSIPL-5135(064)]; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report.

Background/Analysis
On September 12, 2022, the City applied for HSIP grant funding for Fiscal Years 2024- 2026 for the Project On March 15, 2023, Caltrans notified the City that the HSIP grant application was approved. On June 6, 2023, as part of the mid-cycle budget adjustment, City Council (Council) approved a budget transfer in the amount of $830,000 in Measure J Local Funds (Fund 475) and Measure V Funds (Fund 490) to be used as the local match for the approved HSIP grant funds. On February 27, 2024, Council accepted and appropriated the grant funding for the Project.

Project scope includes upgrades to existing street lighting within the entire City.

Installation of new street lighting in select locations will occur along the following corridors: Willow Pass Road, Concord Boulevard, Galindo Street/Monument Boulevard, Clayton Road, Treat Boulevard, Cowell Road, and Ygnacio Valley Road/Kirker Pass Road. The Project will also install traffic signal improvements at twelve (12) intersections around the City, along with installation of three sets of RRFBs, and two HAWK systems. The three locations that will receive RRFBs are at the crossing on Denkinger Road at the Safeway shopping center, Ayers Road at The Vineyard near the former K-Mart building, and Alberta Way also at The Vineyard near Lucky’s supermarket. The two locations that will receive a HAWK system are Pine Hollow Road at Indiana Drive and Willow Pass Road at Clayton Way.

The Project will also evaluate technologies that can be incorporated into the City’s street lighting and traffic signal infrastructure to help assist the City in improving traffic safety.

Examples of this technology include radar sensors for collecting real time anonymous speed, volume and travel time information, dynamic speed feedback signs, Bluetooth readers to collect information on cut-through traffic routes, safety analytics camera that provide real time information on near miss collisions. Additionally, all streetlights will be

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brought into connected environment using smart controllers that will allow staff to respond to operation and maintenance needs remotely via future traffic management center.

This project, once implemented, will advance the City’s Climate Action Plan goals for energy efficiency. Initial high-level estimates of converting from induction lighting to LED lighting shows an approximate 150,000 kilo-watt hours of energy savings per year resulting in close to $100,000 annually in energy cost savings. However exact savings will be determined post design when more information is available.

Procurement Process
City staff (Staff) issued a Request for Proposal (RFP) to select a consultant to provide civil engineering design services on April 4, 2024. The RFP was advertised in the local newspaper and on the City’s Procurement Website. Two (2) proposals were received, which were reviewed and ranked by the selection committee.

Based on the analysis of the proposals, interviews, and references, TJKM of Pleasanton, CA was selected as the most qualified firm to provide civil engineering design services for the Project. Staff and TJKM negotiated the scope of work and cost for the services and agreed upon $741,227 (base amount of $673,842 and 10% contingency amount of $67,384) as a fair and reasonable compensation for the services needed to complete the design phase of the Project.

Financial Impact
The overall Project budget is $8,239,970 but construction funding for the Project is not available at this time. The current Project budget is $2,070,290 and consists of HSIP Grant Funds (Fund 402), Measure J Local Funds (Fund 475), and Measure V Funds (Fund 490). The remaining $6,169,680 for construction will be added to the project once funding authorization is received from Caltrans. There is sufficient budget available for this Professional Services Agreement.

Environmental Determination
Pursuant to Public Resources Code Section 21065 and/or 21080.19, CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), 15061(b)(2), 15061(b)(3), 15262, 15273, and/or 15378, award of this agreement is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it does not constitute a “project”, does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, 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 applies. This determination reflects the City’s independent judgement and analysis.

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Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. Federal Professional Services Agreement with TJKM, with Attachment #1 – Fee Proposal

Attachment 1
Location Map
Street Lighting and Safety Improvements Project (Project 2695) Legend:

Project Limits with New Lighting
RRFBs
HAWK
Ygnacio Valley Rd

ARTICLE I INTRODUCTION
This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:

The name of the “CONSULTANT” is as follows:

TJKM
Incorporated in the State of California
The name of the “LOCAL AGENCY” is as follows:

City of Concord
The Contract Administrator for LOCAL AGENCY will be Tianjun Cao B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated May 30, 2024. The approved CONSULTANT’s Cost Proposal is attached hereto (Attachment #1) and incorporated by reference.

If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.

D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.

E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished.

F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.

G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the Local AGENCY. However, claims for money due or which become

due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.

H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.

I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.

ARTICLE III STATEMENT OF WORK
A. CONSULTANT Services
CONSULTANT’S scope of work is attached as Attachment #1.

Environmental documents are not considered complete until a Caltrans District Senior Environmental Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No Significant Impact, or the Caltrans District Director signs the Record of Decision (see LAPM Chapter 6: Environmental Procedures, and the Standard Environmental Reference).

B. Right of Way
CONSULTANT’S scope of work is attached as Attachment #1.

C. Surveys
CONSULTANT’S scope of work is attached as Attachment #1.

D. Subsurface Investigations
CONSULTANT’S scope of work is attached as Attachment #1.

E. Local Agency Obligations
LOCAL AGENCY will provide CONSULTANT with as-built record drawings and GIS right of way information depending on availability of these documents.

F. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the LOCAL AGENCY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.

G. Checking Shop Drawings
CONSULTANT’S scope of work is attached as Attachment #1.

H. CONSULTANT Services During Construction
CONSULTANT’S scope of work is attached as Attachment #1.

ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on 6/25/24, contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on 6/30/25, unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY’s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.

B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.

C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $51,712.95. The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.

F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT.

G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.

H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by LOCAL AGENCY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:

City of Concord Engineering Services
1950 Parkside Drive MS/40, Concord, CA 94519
I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $741,227 (base fee of $673,842 and 10% contingency of $67,384).

J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.

D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.

D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSUTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations.

In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and

ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.

Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate. c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL

AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.

C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.

D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.

E. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established

LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.

2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov.

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representative’s at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.

b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.

Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.

F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under