Agenda packet — Concord City Council, June 25, 2024 (part 1 of 5)

1 COUNCILMEMBERS
Edi E. Birsan, Mayor
Carlyn S. Obringer, Vice Mayor
Dominic D. Aliano
Laura M. Hoffmeister
Laura M. Nakamura
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council
Tuesday,
June 25, 2024

6:30 p.m. - Open Session
Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA.

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

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

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

Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chamber will have seating available for members of the public to attend in person up to full seating capacity.

2. REMOTE: Remote public comment will not be accepted, except when a Councilmember participates remotely pursuant to AB 2449. At the time of the posting of this agenda, none of the Councilmembers have notified the City Clerk’s Office that they intend to participate remotely pursuant to AB 2449, and therefore no remote public comment will 2 be accepted at the meeting. If, after publication of this agenda and before the meeting begins, any councilmember determines that they will need to participate remotely due to just cause or emergency circumstances under AB 2449, their remote participation will be announced at the outset of the meeting in connection with the Roll Call item. If a Councilmember participates in the meeting remotely pursuant to AB 2449, the public may participate and provide public comment remotely, as follows:
a. Zoom:
https://cityofconcord.zoom.us/j/84592803059?pwd=zBHzMQaOssneVXUExTnG3Uwn5b Zt7Q.X-Jo8Zn-Sfl7v3yI or Zoom Webinar ID: 845 9280 3059 and Passcode: 218460 b. Zoom Phone Numbers. Dial Toll Free: (669) 900-6833 or (346) 348-7799 or (253) 215- 8782.
c. During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. If calling in via Zoom use *9 to raise and lower your hand. The meeting host will call on you, by name, and promote you to panelist in the webinar so you can be seen via your camera. Please enable your microphone when it is your turn to speak. In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required. (If you need instructions on how to use this feature, please contact the City Clerk by 3:00 p.m. of the meeting date at [email protected]).

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

1. distributed to the Council before the meeting,

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

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

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

1. OPENING
Roll Call
Pledge of Allegiance – Councilmember Aliano

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

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

3. PRESENTATIONS
a. Presentation – to Yulie Padmore, Port Chicago Alliance, declaring July 17, 2024, as "Port Chicago Naval Magazine National Memorial Day" in the City of Concord to commemorate the 80th Anniversary of the Port Chicago explosion. Presentation by Mayor Birsan.
b. Presentation – of the proceeds from the Mayor's Cup Golf Tournament held May 10, 2024, to Ana Villalobos from the Concord Junior Giants, Jonathan Lee from the Rainbow Community Center, and Jamie Maddox from The First Tee Contra Costa Youth Golf Program. Presentation by Mayor Birsan. c. Presentation – from BCUS Acquisitions LLC (Brookfield Properties), providing an update on the Concord Community Reuse Project for the Concord Naval Weapons Station. Introduction by Guy Bjerke, Director of Economic Development and Base Reuse.

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

If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Submit Public Comments” above. a. Considering – approval of the minutes from the April 23, 2024, meeting.

Recommended by the City Clerk.
b. Considering – acceptance of improvements for the Hillcrest Park Regional Green Infrastructure Project (City Project No. 2512) and directing the City 4 Clerk to file a Notice of Completion. Recommended by the Director of Community Development.
c. Considering – approval of nine (9) agreements involving annual license, maintenance, purchase and support for Information Technology systems in the total not-to-exceed amount of $1,975,886 for the 2024-25 Fiscal Year; and authorizing the Director of Information Technology to execute the agreements and supporting documents in a form acceptable to the City Attorney. (General Fund) Recommended by the Director of Information Technology.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378. d. Considering – approval of time extensions for 12 Master Services Agreement Amendments for the Community Development Department; and authorizing the City Manager to execute the agreements. Recommended by the Director of Community Development.

CEQA: Not a project/exempt pursuant to Public Resources Coded Section 21065, CEQA Guidelines 15060(c)(2), 15061, 15273, and/or 15378. e. Considering – approval of a Professional Services Agreement with Naviant, Inc. to upgrade services and cover the costs of one-year of software licensing (Fiscal Year 2024-25) for the Citywide Enterprise Document Management System, OnBase, in an amount not to exceed $172,692 which includes a 5% contingency; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (General Fund) Recommended by the Director of Information Technology.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378. f. Considering – the following for the Cowell Road Pavement Repair (Project No. 2604) located on Cowell Road from Babel Lane to Ygnacio Valley Road:

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

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

3. Approval of a related budget transfer and appropriation of $406,000 (Measure J Fund 475) from Pavement Holding Account (Project No. 2157) to 5 Cowell Road Pavement Maintenance (Project No. 2604). Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.
g. 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) Recommended by the Director of Information Technology.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378. h. 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. Recommended by the City Clerk.
i. 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. Recommended by the City Clerk.
j. 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.
k. 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 6 (Funded by Federal Highway Safety Improvement Program Grant, Measure J Local, and Measure V Funds) Recommended by the Director of Community Development.

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.
l. Considering – rejection of all bids submitted for the Civic Center Moat Restoration Project (Project No. 2708); and directing staff to re-advertise the Project for bids. Recommended by the Director of Community Development. m. Considering – the following for the Residential Pavement Maintenance – Phase C (Project Nos. 2606 & 2618) located in: Zone 1G between Clayton Road and Concord Boulevard and between Heather Drive/Mt. Diablo Creek and Ayers Road, Ayers Road between Clayton Road and Myrtle Dr.; and Zones 1E & 1F between Ayers Road and Kirker Pass Road and between Myrtle Drive and Mt. Diablo Creek:

1. Award of a Construction Contract in the amount $5,413,110 to Ghilotti Bros., Inc., for the Base Bid of Residential Pavement Maintenance – Phase C (Project Nos. 2606 & 2618); authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney (Measure V Financing Fund 407);

2. Approval of a Professional Services Agreement with Park Engineering in the not-to-exceed amount of $642,880.63 (base agreement of $584,436.94 plus staff authority to spend up to a 10% contingency of $58,443.69) to provide construction management, material testing, and related services; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney; and

3. Authorize the City Engineer to accept the improvements upon completion of Residential Pavement Maintenance – Phase C (Project Nos. 2606 & 2618) and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.
n. Considering – acceptance and appropriation of $249,984 of Highway Safety Improvement Program (HSIP) Grant funds from the State of California (State) for RRFB Crosswalk Enhancements at 9 locations (Project No. 2696).

Recommended by the Director of Community Development.
7 CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15237, 15378, and/or 15061(b)(3).
o. Considering – the following for the Residential Pavement Maintenance – Zone 2L (Project Nos. 2626) located between Sunset Avenue and Contra Costa Canal and between Concord Boulevard and Clayton Road:

1. Award a Construction Contract in the amount $1,955,752.10 to Ghilotti Bros., Inc., for the Base Bid and Alternative A Bid for Residential Pavement Maintenance – Zone 2L (Project No. 2626); authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney (Measure V Revenue Fund 490 and Measure V Financing Fund 407);

2. Approve a related budget transfer of $650,000 (Measure V Financing Fund 407) from Residential Pavement Maintenance – Phase C (Project No. 2606) to Residential Pavement Maintenance – Zone 2L (Project No. 2626); and

3. Authorize the City Engineer to accept the improvements upon completion of Residential Pavement Maintenance – Zone 2L (Project No. 2626) and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.
p. Considering – adoption of a Resolution authorizing the City Manager to submit, on behalf of the City of Concord, the One Year Action Plan to the U.S.

Department of Housing and Urban Development consistent with the program rules which govern the receipt and expenditure of Community Development Block Grant Funds allocated by the U.S. Department of Housing and Urban Development during Fiscal Year 2024/25. Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b), 15273, 15378, and/or Public Resources Code Section 21065. q. Considering – amending a professional services agreement with Ron Dupratt Ford of Dixon for Original Equipment Manufacturer (OEM) parts and factory trained technician service to add $20,000 per year to the contract creating a new not-to-exceed amount of $100,000.00 per fiscal year for three years (Fiscal Year 2024/25/26) and a total contract not-to-exceed amount of $380,000; and authorizing the City Manager to execute the Amendment in a form acceptable to the City Attorney. (Fleet Maintenance Fund) Recommended by the Directo of Public Works.
8 CEQA: Not a project/ exempt per Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378.

5. CITY COUNCIL CONSIDERATION ITEM
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Submit Public Comments” above. a. Receive – information on the Hope Solutions proposal and consider budgeting $536,535 for Hope Solutions’ proposal to provide 12-units of permanent supportive housing for 5-years at the Valley Motel, located at 3590 Clayton Road, to serve chronically homeless individuals in Concord, funded from $5.2 million of one-time funds that have been set-aside to support implementation of Concord’s Homeless Strategic Plan. Report by Leng Power, Community Services Manager.

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

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

After the public has commented, the item is closed to further public comment and brought to the Council level for discussion and action. Further comment from the audience will not be received unless requested by the Council. No public hearing shall commence after 10 p.m. unless approved by majority vote of the City Council. Please see “How to Submit Public Comments” above. a. Considering – adopting a Resolution pursuant to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) and the Internal Revenue Code of 1986 approving the issuance of the California Statewide Communities Development Authority Revenue Bonds in an aggregate principal amount not to exceed $850 million for the purpose of financing and refinancing the acquisition, construction, improvement, equipping, renovation, rehabilitation and remodeling of certain capital projects at certain health facilities for John Muir Health and certain other matters relating thereto. Report by Marie Suvansin, Economic Development Manager.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15262, 15273, and/or 15378.
b. Considering – a Resolution adopting the City of Concord’s Two-Year Capital Improvement Program Capital Budget for Fiscal Years (FY) 2025 and 2026 and Five-Year Capital Improvement Plan FY2025-2029. Report by Bernard Enrile, CIP Manager.
9 CEQA: Not a project/exempt under Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15262, 15273, and/or 15378.

7. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. a. Letter to Assembly Member Alex Lee re: Support for AB 2584 (Lee) SingleFamily Residential Real Property: Corporate Entity: Ownership dated June 5, 2024.

8. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
a Announcing – the Vice Mayor's (in her capacity as presiding officer/acting Mayor) appointment of two Councilmembers to serve on a Council Ad Hoc Committee to advise staff on the development and framework of the Affirmatively Furthering Fair Housing program of the 2023-2031 Housing Element, as needed the ad hoc will exist until final recommendaions are made to the full Council or until September 1, 2025, whichever is sooner. Report by Vice Mayor Obringer

9. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 8/13/2024 6:30 PM

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

In accordance with the Americans with Disabilities Act and California Law, it is the policy of the City of Concord to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the ADA Coordinator Tianjun Cao at (925) 671-3243 or [email protected], at least 24 hours in advance of the 10 meeting. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility.

Brookfield Concord Naval Weapons Station Team Leads
Josh Roden
President | NorCal
Land & Housing
Trece Herder
Vice President | NorCal
Acquisitions & Business Strategy
Emily Boyd
Director | Business Strategies
Gonzalo Rodriguez
Vice President | NorCal
Land & Planning

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Brookfield Concord Naval Weapons Station Project Update Q2 2024 Progress
• Alignment meeting with Navy & LRA regarding development and EDC Application • Re-engagement with Resource, Public Benefit and Permitting Agencies • Initiation of Specific Plan groundwork- including infrastructure and regulatory agency meetings • Well-attended Community Open House with robust input to inform future focused workshop topics

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Brookfield Concord Naval Weapons Station Project Update Community Outreach and Engagement Update
• Continue to meet with community groups and stakeholders • Brookfield team event with Creative Concord mural tour, Taco Trail and Music & Market • Launched an informational website: https://concordbpproject.com.com/ • June 15th Community Open House

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Brookfield Concord Naval Weapons Station Project Update Q3/Q4 2024 Priorities
• Submit Initial EDC Application & Term Sheet to Navy
• Determine & report on Specific Plan Consultant selection and progress • Develop proposed DDA/ DA schedule
• Host Q3 Focused topic workshop & community engagement update

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We look forward to hearing from you!

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REGULAR MEETING OF THE

CONCORD CITY COUNCIL/CITY COUNCIL

SITTING AS THE LOCAL REUSE AUTHORITY

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, APRIL 23, 2024
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, April 23, 2024, with Mayor Birsan presiding. The pledge of allegiance was led by Councilmember Nakamura. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Laura Hoffmeister, Laura Nakamura, Carlyn Obringer, Edi Birsan
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Monique Robinson: Administrative Secretary; Guy Bjerke, Director of Economic Development and Base Reuse; Greg
Taylor, Director of Information Technology; Mark Bustillos, Chief of Police; Kevin Marstall, Director of Community Development; Will Tarbox, Director of Public Works; Leng Power, Community Service Manager; Trish Beirne, Emergency and Volunteer
Services Manager, Melissa Rea, Economic Development
Specialist; Jeff Rayos, Senior Administrative Analyst; Ken Yee, Facilities Maintenance Manager; Carlton Thompson, City
Engineer; Kevin Wheat, Associate Engineer; Tianjun Cao, Associate Engineer

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Nakita Rodgers, Concord; Guy Burke, Director of Economic Development and Base Reuse; ; Randolph Hopkins, Concord

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

PRESENTATIONS
BUSINESS RECOGNITION AWARDS – Ned’s Body Supply, Inc., Yard House, and Chick’s Donuts Mayor Birsan introduced Economic Development Specialiist Melissa Rea, who presented an overview of the program and introduced Greater Concord Chamber of Commerce President/CEO Kevin Cabral, who presented Business Recognition Awards to Ned’s Auto Body Supply, Inc.; Yard House, and Chick’s Donuts.

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

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City Council Minutes April 23, 2024
2 PROCLAMATION – Joelle Fockler Day
Mayor Birsan presented Joelle Fockler, MMC, Concord City Clerk, a proclamation declaring April 23, 2024, as “Joelle Fockler Day” in the City of Concord.

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

Nikita Rodgers, Concord, spoke of the importance of transparency regarding the duties of the City Clerk.

Guy Bjerke, Director of Economic Development and Base Reuse, thanked the City Clerk and her team for their work in support of City staff and the City.

Mayor Birsan closed the public comment period.

EMERGENCY AND VOLUNTEER SERVICES -
Mayor Birsan introduced Trish Beirne, Emergency and Volunteer Services Manager, who gave a presentation on Emergency Management Language Analysis & Access Strategies.

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

CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA) CONSENT CALENDAR Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.

CITY COUNCIL CONSENT CALENDAR
ACCEPTANCE OF IMPROVEMENTS – Citywide Traffic System Upgrade Project A motion was made by Aliano and seconded by Nakamura to accept improvements for the Citywide Traffic System Upgrade Project [City Project No. 2493 and Federal Project No. HSIPL5135(049)] located at 52 intersections citywide; and directg the City Clerk to file a Notice of Completion.

The motion passed by unanimous vote of the Council.

APPROVAL OF THE PURCHASE OF THE PURE COMPUTER STORAGE SYSTEM – Presidio Networked Solutions Group, LLC
A motion was made by Aliano and seconded by Nakamura for the purchase of the Pure Computer Storage System in an amount not-to-exceed $385,694.92, including a 5% contingency, in accordance with the City’s technology replacement schedule. (General Fund: Hardware/Software Replacement Fund). The motion passed by unanimous vote of the Council.

APPROVAL OF THE PUBLIC WORKS CONTRACT – Morgan’s Outdoor Living A motion was made by Aliano and seconded by Nakamura to approve a Public Works contract with Morgan’s Outdoor Living in the amount of $49,273, authorize staff to utilize the contract contingency of $10,727 (21%) for contract change orders that become necessary for a not-to-exceed amount of $60,000 for one-time window area rehabilitation of the City-owned parking garage at 2255 Salvio Street (Project # 2685 Cleanliness of Downtown Garages - ARPA funded), and authorize the City Manager to execute the contract in a fom acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

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City Council Minutes April 23, 2024
3 ADOPTION OF RESOLUTION NOS. 24-22, 24-23, 24-24, 24-25, 24-26, 24-27, 24-28 AND 24-29 – Accepting the Preliminary Engineer’s Reports and Ordering Improvements in the Downtown Landscape Maintenance District, Pine Hollow Landscape Maintenance District, Landscaping and Lighting Maintenance District No. 3, and the Citywide Street Lighting Assessment District, and Setting a Public Hearing for May 28, 2024
This item was pulled from consideration on the Consent Calendar by Councilmember Nakamura who recused herself from the item due to economic interest in real property resulting from proximity to her primary residence and left the dais.

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

A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-22 entitled, “A Resolution Accepting the Preliminary Engineer’s Report for the Downtown Landscape Maintenance District.” The motion passed by the following vote:

AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-23 entitled, “A Resolution Resolution Accepting the Preliminary Engineer’s Report for the Pine Hollow Landscape and Lighting Maintenance District.” The motion passed by the following vote:

AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-24 entitled, “A Resolution Accepting the Preliminary Engineer’s Report for the Landscape and Lighting Assessment District No. 3.” The motion was passed by the following vote:

AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-25 entitled, “A Resolution Accepting the Preliminary Engineer’s Report for the Concord Citywide Street Lighting Assessment District.” The motion was passed by the following vote:

AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-26 entitled, “A Resolution of Intention to Order Improvements and to Set Public Hearing for the Downtown Landscape Maintenance District.” The motion was passed by the following vote:

AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-27 entitled, “A Resolution of Intention to Order Improvements and to Set Public Hearings for the Pine Hollow Landscape and Lighting Maintenance District.” The motion was passed by the following vote:

AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-28 entitled, “A Resolution of Intention to Order Improvements and to Set Public Hearing for the Landscaping and Lighting Assessment District No. 3.” The motion was passed by the following vote:

AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura

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City Council Minutes April 23, 2024
4 A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-29 entitled, “A Resolution of Intention to Order Improvements and to Set Public Hearing for the Citywide Street Lighting Assessment District.” The motion was passed by the following vote:

AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura Councilmember Nakamura returned to the dais.

ADOPTION OF RESOLUTION NO. 24-30 – Cannabis Community Benefit Funds A motion was made by Aliano and seconded by Nakamura to adopt Resolution No. 24-30 entitled, “A Resolution Authorizing Disbursement of Cannabis Community Benefits Funds and Execution of all Attendant Documents and Agreements through the Community Grants Program for Fiscal Year 2024/25 for the total amount of $150,000.” The motion passed by unanimous vote of the Council.

AWARD OF CONSTRUCTION CONTRACT, PROFESSIONAL SERVICES AGREEMENT, AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT, ACCEPT AND APPROPRIATE OBAG 2

QUICKSTRIKE GRANT FUNDS, APPROVE A BUDGET TRANSFER, AND AUTHORIZE CITY ENGINEER TO ACCEPT IMPROVEMENTS UPON COMPLETION – Project No. 2457 – East Downtown Concord PDA Access and Safe Routes to Transit Project
This item was pulled from consideration on the Consent Calendar by Councilmember Obringer who recused herself from the item due to economic interest in real property resulting from proximity to her primary residence and left the dais.

A motion was made by Aliano and seconded by Hoffmeister to:

1. Award a Construction Contract in the amount of $2,225,377.00 to Sposeto Engineering, Inc. for the East Downtown Concord PDA Access & Safe Routes to Transit Project (Project No. 2457) and authorize staff to utilize the available project contingency for contract change orders 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 NEPA and CEQA determinations as provided in the staff report (Funded by Federal OBAG 2 Quickstrike, Measure J TLC and Measure J Local Funds);

2. Approve a Professional Services Agreement with Park Engineering in the not-to-exceed amount of $213,363.12 (base agreement of $193,966.47 plus staff authority to spend up to a 10% contingency of $19,396.65) for construction management, inspection and materials testing services, and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney;

3. Approve an Amendment to the Professional Services Agreement (PSA) with RuggeriJensen-Azar, in the amount of $44,356.00 for providing additional environmental services, design, and other related services in preparing NEPA documents as required for East Downtown Concord PDA Access and Safe Routes to Transit (Project No. 2457), and authorize the City Manager to execute the amendment in a form acceptable to the City Attorney;

4. Accept and Appropriate OBAG 2 Quickstrike grant funds in the total amount of $2,164,000, which will be used to cover a majority of the construction and construction management costs;

5. Approve a budget transfer in the amount of $350,000 to East Downtown Concord PDA Access & Safe Routes to Transit (Project No. 2457) from Oak Grove Pavement Rehabilitation Phase 3 (Project No. 2557 – Measure J Local Funds); and

6. Authorize the City Engineer to accept the improvements upon completion of Project No. 2457 and direct the City Clerk to file a Notice of Completion.

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City Council Minutes April 23, 2024
5 The motion was passed by the following vote:

AYES: Aliano, Hoffmeister, Nakamura, Birsan NOES: None ABSENT: Obringer Councilmember Obringer returned to the dais.

CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA) CONSENT CALENDAR APPROVAL OF AN AMENDMENT FOR PROFESSIONAL SERVICES – Burke Williams & Sorenson, Jarvis Fay, and Troutman Pepper Hamilton Sanders
A motion was made by Aliano and seconded by Nakamura to approve an amendment to the Professional Services Agreements with Burke Williams & Sorenson, Jarvis Fay, and Troutman Pepper Hamilton Sanders for various consultant services in the amounts of $17,120.42, $45,026, and $20,935, respectively, creating new not-to-exceed contract amounts of $247,130.42, $86,026, and $51,935, respectively, for work related to the review and consideration of a Term Sheet and site wide permitting work supporting the redevelopment of the former Concord Naval Weapons Station (CNWS), with a new end date for each Agreement of March 31, 2024; and authorizethe Executive Director of the LRA to execute the amendments in a form acceptable to the City Attorney. (Original combined PSAs $102,000 from LRA Loan Reserve (General Fund); these amendments $162,156.42 from the Exclusive Negotiating Agreement (ENA) Deposit to the LRA by BCUS Acquisitions LLC (Brookfield) and $20,935.00 from the LRA Loan Reserve (General Fund.) The motion passed by unanimous vote of the Council.

CITY COUNCIL CONSIDERATION ITEMS

UPDATE ON THE IMPLEMNTATION OF AN INTERIM MOTEL HOUSING PROGRAM, AUTHORIZING

NEGOTIATIONS WITH CONTRA COSTA COUNTY, DIRECTION ON STRATEGY IMPLEMENTATION,

AND REVISED ENCAMPMENT RESOUTION FUNDING GRANT
Assistant City Manager Justin Ezell presented the staff report, providing an update on the motel housing program and encampment funding grant.

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

Randolph Hopkins, Concord, spoke of the need to create employment opportunities for the unhoused.

Mayor Birsan closed the public comment period..

Following discussion by the Council, a motion was made by Aliano and seconded by Hoffmeister to oppose the recommendations to authorize staff to negotiate a cost sharing and services agreement with Contra Costa County and authorize staff to reapply for Encampment Resolution. The motion passed by the following vote::

AYES: Aliano, Birsan, Hoffmeister, Obringer NOES: Nakamura ABSENT: None Council directed staff to agendize for discussion a process to be used for implementing the Housing Specific Plan strategies, including: Rapid-Reousing, Interim Housing Models (Scattered Site Tiny Homes, Centralized Tiny Homes, and Motel Interim Housing), and Guaranteed Income and draft a white paper on strategies regarding the guaranteed basic income program.

DEFINED MAYORAL ROTATION PROCESS
City Clerk Joelle Fockler presented the staff report, providing background on options regarding a defined mayoral rotation process. City Clerk Fockler noted that the City Council was being requested to confirm the desired language for a defined mayoral rotation and whether the rotation process will be

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City Council Minutes April 23, 2024
6 documented in an Ordinance or in an amendment to Policy and Procedure No. 2, and to authorize staff to return to a future meeting with the appropriate documents for Council consideration and action.

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

Following discussion by the Council, Council directed the item to the Council Committee on Policy, Development, and Internal Operations for further consideration.

COUNCIL REPORTS
Councilmember Hoffmeister reported on her attendance to the CA League of Cities Summit held April 17, 2024.

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

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on April 23, 2024, at 10:54 p.m.

EDI E. BIRSAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

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REGULAR MEETING OF THE

CONCORD CITY COUNCIL/CITY COUNCIL

SITTING AS THE LOCAL REUSE AUTHORITY

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Nakita Rodgers, Concord; Guy Burke, Director of Economic Development and Base Reuse; ; Randolph Hopkins, Concord

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

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

Benched Agenda Item No. 4.a
June 25, 2024
Changes in Strikeout Red Font

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

Nikita Rodgers, Concord, spoke of the importance of transparency regarding the duties of the City Clerk.

Guy Bjerke, Director of Economic Development and Base Reuse, thanked the City Clerk and her team for their work in support of City staff and the City.

Mayor Birsan closed the public comment period.

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

CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA) CONSENT CALENDAR Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.

The motion passed by unanimous vote of the Council.

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

AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura

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AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura Councilmember Nakamura returned to the dais.

AWARD OF CONSTRUCTION CONTRACT, PROFESSIONAL SERVICES AGREEMENT, AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT, ACCEPT AND APPROPRIATE OBAG 2

A motion was made by Aliano and seconded by Hoffmeister to:

4. Accept and Appropriate OBAG 2 Quickstrike grant funds in the total amount of $2,164,000, which will be used to cover a majority of the construction and construction management costs;

6. Authorize the City Engineer to accept the improvements upon completion of Project No. 2457 and direct the City Clerk to file a Notice of Completion.

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City Council Minutes April 23, 2024
5 The motion was passed by the following vote:

AYES: Aliano, Hoffmeister, Nakamura, Birsan NOES: None ABSENT: Obringer Councilmember Obringer returned to the dais.

CITY COUNCIL CONSIDERATION ITEMS

UPDATE ON THE IMPLEMNTATION OF AN INTERIM MOTEL HOUSING PROGRAM, AUTHORIZING

NEGOTIATIONS WITH CONTRA COSTA COUNTY, DIRECTION ON STRATEGY IMPLEMENTATION,

AND REVISED ENCAMPMENT RESOUTION FUNDING GRANT
Assistant City Manager Justin Ezell presented the staff report, providing an update on the motel housing program and encampment funding grant.

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

Randolph Hopkins, Concord, spoke of the need to create employment opportunities for the unhoused.

Mayor Birsan closed the public comment period..

AYES: Aliano, Birsan, Hoffmeister, Obringer NOES: Nakamura, Obringer ABSENT: None Council directed staff to agendize for discussion a process to be used for implementing the Housing Specific Plan strategies, including: Rapid-Reousing, Interim Housing Models (Scattered Site Tiny Homes, Centralized Tiny Homes, and Motel Interim Housing), and Guaranteed Income and draft a white paper on strategies regarding the guaranteed basic income program.

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

Following discussion by the Council, Council directed the item to the Council Committee on Policy, Development, and Internal Operations for further consideration.

COUNCIL REPORTS
Councilmember Hoffmeister reported on her attendance to the CA League of Cities Summit held April 17, 2024.

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

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on April 23, 2024, at 10:54 p.m.

EDI E. BIRSAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

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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: Kevin Wheat, PE, Associate Civil Engineer
[email protected]
(925) 671-3422
Subject: Considering acceptance of improvements for the Hillcrest Park Regional Green Infrastructure Project (City Project No. 2512) and directing the City Clerk to file a Notice of Completion.

Report in Brief
Ghilotti Bros, Inc. has completed all work associated with the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512) and has provided the required one-year construction warranty bond.

The project improvements included stormwater green infrastructure, underground storm drain trash capture devices, landscaping, planting, irrigation main replacement, parking lot repaving and striping, ADA improvements, new parking lot lighting, and new concrete pedestrian pathways.

Recommended Action
Accept improvements for the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512) and direct the City Clerk to file a Notice of Completion.

Background
On June 9, 2020, City Council (Council) approved a Cooperative Implementation Agreement (CIA) with Caltrans for Project No. 2512 (Project). As part of the CIA,

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City Council Agenda Report
Agenda Item No. 4.b
June 25, 2024
Caltrans agreed to provide $4.3 million in funding for the Project’s design and construction.

On June 14, 2022, Council awarded a construction contract in the amount $3,842,741.50 to Ghilotti Bros., Inc. (GBI) for the Project; authorizing City of Concord (City) staff (Staff) to utilize the available Project contingency for contract change orders that become necessary up to 5% of the contract amount ($192,137.08). In the same meeting, Council approved an amendment to Caltrans’ CIA with the City, which provided additional funding in the amount of $800,000.00 from Caltrans, and budget transfers totaling $500,000 to allow the City to proceed with construction. This brought the total funding of the Project to $5.8 million ($5.1 million from Caltrans, $700,000 from the City).

On March 28, 2023, Council authorized Staff to utilize up to 12% contingency of the original construction contract amount, and approved the required budget transfers. This covered the costs needed to complete the Project after the delay caused by an unforeseen PG&E gas line at one of the underground trash capture locations at the Arnold Industrial Place and Olivera Road intersection. PG&E completed their gas line relocation work by August 2023 and GBI continued work on the Project again shortly after. The Project was fully completed by the end of April 2024.

Analysis
GBI has completed all improvements for the Project and Staff has inspected the work, which is in compliance with the Project plans and specifications. GBI has provided the 10% warranty bond, which guarantees the work from material and workmanship defects for a one (1) year period after acceptance.

Financial Impact
The construction contract was completed in the final amount of $4,225,110.95, which is within the original construction contract and the approved 12% contingency for contract change orders.

Public Contact
The City Council Agenda was posted.

Attachments

1. Location Map

2. Notice of Completion

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ATTACHMENT 1
Project Location Map
Hillcrest Community Park – Regional Green Infrastructure – PJ 2512 SITE

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RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:

City Clerk
City of Concord
1950 Parkside Drive MS/03
Concord, CA 94519
APN(s): __ 110-130-011______
(Space Above This Line for Recorder’s Use Only)
[Exempt from recording fee per Gov. Code § 27383]

NOTICE OF COMPLETION
(Cal. Civ. Code §§ 8180-8190, 8100-8118, 9200-9208)
A. The City of Concord, a California municipal corporation, entered into a written contract with Ghilotti Bros, Inc. (Contractor) dated July 21, 2022. The surety on said contract is held by the Hartford Fire Insurance Company.

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

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

Ghilotti Bros, Inc. – 525 Jacoby Street, San Rafael, CA 94901 (3) The name and address of the construction lender, if any, are:

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

The real property herein referred to is situated in the City of Concord, County of Contra Costa, State of California, and is described as follows: Hillcrest Park at 2050 Olivera Road, Concord CA 94519. Project included stormwater green infrastructure, underground storm drain trash capture devices, landscaping, planting, irrigation main replacement, parking lot repaving and striping, ADA improvements, new parking lot lighting, and new concrete pedestrian pathways. See attached map. (5) The name, address, and relationship to the parties of the person giving the notice:

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

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

Not applicable
(9) The nature of the interest or estate of the owner: City-owned (10) The date of completion: June 25, 2024
I, Carlton Thompson, say I am the City Engineer for the City of Concord, owner of the aforesaid interest or estate in the property described in the above Notice of Completion, and as such, make this verification on behalf of City of Concord; and that I have read the above Notice of Completion and know the contents thereof and that the facts stated therein are true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

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

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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 nine (9) agreements involving annual license, maintenance, purchase and support for Information Technology systems in the total not-to-exceed amount of $1,975,886 for the 2024-25 Fiscal Year; and authorizing the Director of Information Technology to execute the agreements and supporting documents in a form acceptable to the City Attorney. (General Fund)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), and/or 15378.

Report in Brief
The Director of Information Technology requests authorization to expend $1,975,886 in funds budgeted in Fiscal Year 2024-25 to maintain various license, maintenance, purchase and support agreements. These agreements provide the City with access to manufacturers’ technical support, software upgrades, Network Infrastructure support and the ability to purchase required computer and server equipment for the coming fiscal year. Each of the license, maintenance, purchasing and support agreements are for a single one-year period. The listed agreements either exceed $85,000 individually or in aggregate to a vendor, which requires authorization by Council to expend the funds in accordance with the City’s Procurement Policy.

Recommended Action
Approve nine (9) agreements involving annual license, maintenance, purchase and support for Information Technology systems in the total not-to-exceed amount of

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City Council Agenda Report
Agenda Item No. 4.c
June 25, 2024
$1,975,886 for the 2024-25 Fiscal Year; and authorize the Director of Information Technology to execute the agreements and supporting documents in a form acceptable to the City Attorney and make the CEQA determinations as provided in this staff report.

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

Annual license, maintenance, purchase and support agreements provide the City with critical vendor hot patches, service packs, major revision upgrades, new server and computer system replacements and network and security infrastructure support. The City requires these agreements in order to maintain reliable, secure, and highly available business systems. The following is a brief description of each:
 Accela Automation (Attachment 2: $238,824) – The Accela Automation software is used to process and print the Building, Code Enforcement, and Planning required permits, track land use and zoning, and support the Sewer Levy revenue process. Accela Automation provides multiple departments within the City a solution to automate permits, workflow, forms management, activity tracking, citizen relationship management and other important daily tasks. The Geographical Information System (GIS) interface provides staff direct access to view spatial representations of all land use, zoning, and infrastructure information associated with a parcel, permit, inspection, or plan. If this system is not maintained, the City would lose automated permits tracking, Sewer Levy assessments, land management and web access for the planning, building, housing and economic development and code enforcement groups.  Accela CRM/Concord Connect (Attachment 3: $22,122) – The Accela Customer Relationship Management (CRM) tool allows citizens to submit nonemergency requests via a mobile app and/or web browser. This application is utilized by multiple City departments and provides a way to create a ticket, submit it directly to the responsible department and track its resolution. It is a public facing application that is currently in use and deployed throughout the City.

This system provides an interface to City Staff and if not renewed, may leave a gap in communications between the City and its citizens.  Infor/Lawson ERP System (Attachment 4: $248,063) – Infor provides the Human Resources and Finance systems, and interfaces with the Questica budgeting system. Infor provides employee position control, financial reporting, benefits administration, accounts payable, receivables, purchasing, payroll, and

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City Council Agenda Report
Agenda Item No. 4.c
June 25, 2024
employee services. In addition to normal patches, version upgrades and patches, the support agreement also provides access to required annual tax code updates.
 Arisma Group dba Cendien Consulting (Attachment 5: $375,000) – Lawson requires additional contracted support for maintenance, patching and programming through Cendien, LLC. The current Cendien contract expires on June 30, 2024. Cendien is actively working through a critical upgrade which is required by Lawson for continued software support. The proposed agreement with Cendien Consulting will be for a one-year term with a not-to-exceed amount of $375,000. On March 17, 2021, in accordance with City of Concord Procurement Policy, the City issued a Request for Proposal (RFP #2452) for Lawson Consultant Services. Two companies responded and Cendien was chosen to be the optimal respondent using selection criteria that included qualifications, experience, technical expertise and cost.  EBRCSA – East Bay Regional Communications System Authority (Attachment 6: $255,837) – Provides Radio Infrastructure and Police Dispatch Console support for all Police, Public Works, Parks & Recreation, Community Development, and IT radios. Without EBRCS participation, the City would incur additional operating costs for maintaining its own public safety radio system with less interoperability and capabilities.
 Contra Costa County Public Safety Systems (Attachment 7: $260,184) – The CAL-Remote Access Network was established in 1989 and is contributed to by all County agencies. Its primary function is to enable jail bookings through the LiveScan fingerprint capture and recognition system. The annual contribution is based upon the number of contributing agencies and each City’s population. The All-County Criminal Justice Information Network (ACCJIN) in Contra Costa County, California, was established in 1990 and links 23 individual criminal justice information systems and provides Concord Police with access to law enforcement data at the Local, County, State, and Federal levels. The Office of the Sheriff maintains the Automated Regional Information Exchange System (ARIES) database and the Domestic Violence Relational Database. Both collect data from California jurisdictions, and multiple counties utilize and share information to support increased monitoring and law enforcement efforts. Police and Dispatch use Level II software for accessing the ACCJIN Network to query the Department of Justice (CLETS and ARIES) Databases. These services also provide some license plate reader capabilities that assist with stolen vehicle recovery. Without these services, the Police Department would not be able to receive timely information from Local, State or Federal criminal databases.  Asset Essentials/Predictor Enterprise from Dude Solutions (Attachment 8:
$120,541) – Provides a work order management system to manage and maintain City Facilities and Assets, including sewer pipes, traffic signals, streetlights, parcels and other important data. These assets can be selected and work can be

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City Council Agenda Report
Agenda Item No. 4.c
June 25, 2024
assigned and recorded, allowing staff to track and monitor the completion of work. The system calculates and predicts the cost of work performed by work type, work location, or employee. This software also allows Public Works to provide timely and accurate information related to services provided to the community. Without this work order management system, Public works would be limited to a paper based system, which would compromise timely completion of critical city critical city assets.
 DELL INC Computer/Server Systems (Attachment 9: $295,315) – The City of Concord purchases the majority of its Information Technology equipment, which include desktop computers, laptops and citywide servers from DELL, Inc. By using a single vendor, parts are more easily interchangeable, configurations can be standardized, and software installations quickly replicated. In order to obtain superior pricing via economies of scale, the City uses a National Association of State Procurement Officers (NASPO) Value Point Cooperative contract. DELL, Inc. is part of the NASPO Value Point Master Price Agreement Contract No. 23026, of which the State of California participates through California Participating Addendum No. 7-23-70-55-01. The City can use the NASPO Value Point Cooperative to purchase Information Technology equipment at lower prices than those the City would obtain through its own competitive bidding.  PTCE Group LLC – Network Infrastructure and Security Support (Attachment 10: $160,000) – The City utilizes an extensive network of Cisco switches, proprietary firewalls and IT security applications to ensure system reliability. In order to implement, upgrade, and maintain these varied systems, the City relies on specialized contractor support. On April 7, 2023, in accordance with City of Concord Procurement Policy, the City issued a Request for Proposal (RFP #040623) for IT Infrastructure Support Services. Five companies responded and PTCE Group was chosen to be the optimal respondent using selection criteria that included qualifications, experience, technical expertise and cost. The current PTCE Group contract expires on June 30, 2024 and the City seeks to enter into a new one-year agreement.

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

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City Council Agenda Report
Agenda Item No. 4.c
June 25, 2024
There is no additional fiscal impact associated with this action as all necessary funding for the license, maintenance, purchase and support agreements listed have been previously budgeted and approved by Council in the adopted Fiscal Year 2024/25 budget.

Public Contact
The City Council Agenda was posted.

Attachments

1. Table 1 – Systems Listing

2. Accela Automation Agreement

3. Accela CRM Agreement

4. Infor (Lawson) Agreement

5. Arisma Group dba Cendien Consulting Agreement

6. East Bay Regional Comm System (EBRCSA) Agreement

7. Contra Costa County Public Safety Agreements

8. Dude Solutions Agreement

9. DELL NASPO Agreement

10.PTCE Group Agreement

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

FY 24/25 $238,824
3 Accela CRM Accela Government Software Software for citizens to submit non-emergency requests via a mobile application or web browser.

FY 24/25 $22,122
4 HR/Finance System Software Infor (Lawson) City’s Enterprise Resource Planning System used for financial reporting, budgeting, accounts payable, employee position control and various other City operations.

FY 24/25 $248,063
5 HR/Finance System Support Arisma Group dba Cendien LLC Provides maintenance, patching and programming support. Currently completing critical required upgrade for Lawson software.

FY 24/25 $375,000
6 East Bay Regional Comm System EBRCSA JPA Provides Radio infrastructure and Police Dispatch Console support for all Police, Public Works, Parks & Recreation, Community Development and IT radios.

FY 24/25 $255,837
7 CLETS, ARIES, and CAL-Remote Access Network Contra Costa County California Law Enforcement Telecommunications System (CLETS) is used to transmit highly sensitive Public Safety information between law enforcement agencies throughout the State. Automated Regional Information Exchange System (ARIES) database is used to share Public Safety information throughout Contra Costa County. CAL-Remote Access Network enables jail bookings through the LiveScan fingerprint capture and recognition system.

FY 24/25 $260,184
8 Asset Essentials and Predictor Enterprise Dude Solutions Software used for work order management and to track City facilities and assets.

FY 24/25 $120,541
9 Server and Computer Replacement DELL Inc. Citywide vendor for server, desktop and laptop replacement as well as for other information technology components.

FY 24/25 $295,315
10 Network Infrastructure Support PTCE Group LLC IT infrastructure, server and network security contracted support.

FY 24/25 $160,000
TOTAL $1,975,886
Attachment 1
TABLE 1: SYSTEMS LISTING

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Attachment 2

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Attachment 3

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Attachment 4

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AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on July 1, 2024 between the City of Concord ("CITY") and Arisma Group LLC, dba Cendien Consulting, 1846 E Rosemeade Pkwy, Suite 200, Carrollton, Texas 75011 (“CONSULTANT”).

THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:

The CITY desires to contract with CONSULTANT to provide the professional services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:

1. TERM. This Agreement shall commence on July 1, 2024 and expire on June 30, 2025.

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

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

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

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

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Seventy Five dollars ($375,000) for the term of this Agreement. Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

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

4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Greg Taylor, Director of the Information Technology Department. The CONSULTANT’s authorized representative is Israel Denis, President and Managing Director.

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

A. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including amendments providing for additional compensation to CONSULTANT not to exceed $85,000 during the fiscal year, including the base contract amount, throughout the term of this Agreement. Any additional compensation to CONSULTANT that is $85,000 or more for the fiscal year, including the base contract amount, must be approved by City Council.

Consultant’s failure to secure CITY’s written authorization for additional compensation or

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changes to the Scope of Work shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.

6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONSULTANT, its agents, employers and subcontractors are and shall at all times remain as to the CITY wholly independent contractors. Neither the CITY nor any of its officers or employees shall have any control over the manner by which the CONSULTANT performs this Agreement and shall only dictate the results of the performance. CONSULTANT shall not represent that CONSULTANT or its agents, employees or subcontractors are agents or employees of the CITY, and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.

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

7. STANDARD OF PERFORMANCE. CONSULTANT represents and warrants to CITY that CONSULTANT is skilled and able to provide such services described in the Scope of Work and that such services shall be performed in an expeditious manner, and with the degree of skill and

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care that is required by current, good, and sound procedures and practices. CONSULTANT further agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.

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

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

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

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

10. INDEMNIFICATION. CONSULTANT agrees to defend, indemnify and hold harmless the CITY, its officers, officials, employees, agents and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorney's fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this

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Agreement. This indemnification obligation on CONSULTANT’S part shall not apply to demands, actions, losses, damages, injuries, and liability arising out of sole negligence or willful misconduct on the part of CITY.

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

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

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

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

D. Compliance with State Workers' Compensation Requirements.

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

E. Other Insurance Provisions. The policies are to contain, or be endorsed to

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

Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer. (2) Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.
(3) Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, employees, or volunteers.
(4) Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement.

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

12. TIME OF PERFORMANCE. The time of performance of the services under this

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Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed.

13. SUSPENSION OF WORK. CITY may, at any time, by ten (10) days’ written notice, suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONSULTANT shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONSULTANT shall not receive any payment for services, or expenses, except for reasonable administration expenses, incurred by CONSULTANT by reason of such suspension.

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

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

A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.

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

C. Solicitations for Subcontractors including Procurement of Materials and

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Equipment. In all solicitation, either by competitive bidding or negotiations, made by CONSULTANT for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notified by CONSULTANT of CONSULTANT’S obligation under this Agreement and the regulations relative to nondiscrimination on the grounds of race, religion, color, sex, or national origin..

16. CONFLICT OF INTEREST.

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

B. CONSULTANT is not a designated employee within the meaning of the Political Reform Act because CONSULTANT:
(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY or of any CITY official, other than normal contract monitoring; and (2) Possesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)

17. COMPLIANCE WITH LAWS. CONSULTANT shall comply with all applicable Federal, State of California, and local laws, rules, and regulations and shall obtain all applicable licenses, including a business license with the City of Concord, and permits for the conduct of its business and the performance of the services.

18. CHOICE OF LAW. This Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the

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application of the laws of another jurisdiction. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Contra Costa, California.

19. NON-WAIVER. The waiver by either party of any breach of any term, covenant, or condition contained in the Agreement, or any default in their performance of any obligations under the Agreement shall not be deemed to be a waiver of any other breach or default of the same or any other term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default constitute a continuing waiver of same.

20. ENFORCEABILITY; INTERPRETATION. In the event that any of the provisions or portions of application of any of the provisions of the Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONSULTANT shall negotiate an equitable adjustment in the provisions of the Agreement with a view toward affecting the purpose of the Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of the Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of the Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.

21. INTEGRATION. All exhibits identified in this Agreement are attached hereto and incorporated herein by reference. The Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between CONSULTANT and CITY, whether oral or written.

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provision shall be void. This Agreement is not intended and shall not be construed to create any third party benefit. This Agreement is not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.

23. FINANCIAL RECORDS. Records of CONSULTANT’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to CITY if and when required.

24. NOTICES. All notices required hereunder shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or by personal delivery to the CITY's address as shown below, or such other places as CITY or CONSULTANT may, from time to time, respectively, designate in a written notice given to the other. Notice shall be deemed received three (3) days after the date of the mailing thereof or upon personal delivery.

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To CITY: Greg Taylor, Director
Information Technology Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3189
Email: [email protected]
To CONSULTANT: Israel Denis, President and Managing Director Cendien Consulting
1846 E Rosemeade Pkwy, Suite 200
Carrollton, Texas75011
Phone: (214)245-4580
Email: [email protected]

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

26. EXECUTION. Each individual or entity executing this Agreement on behalf of Applicant represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of Applicant and that such execution is binding upon Applicant.

This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.

Signatures on next page

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CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Israel Denis Name: Valerie J. Barone
Title: President and Managing Director Title City Manager Address: 1846 E Rosemeade Pkwy, Suite 200 Address: 1950 Parkside Drive Carrollton,Texas 75011 Concord, CA 94519
Telephone: (214)202-5896 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2024/2025 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $375,000. Account Code 634-2605-1z01-63800-500.

Finance Director's Signature

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City of Concord
2024-2025
1) Managed Services Renewal:

Item Description Base Hours Hourly Rate
Managed Services Lawson Programming Services 24 hours / week
$140.00
Database
Administrator
Support
Database Support 12 hours/
week
$140.00
Overage Lawson Programming Services As needed $140.00
2) 2019 Test Servers Build (2 Product Lines)
Total Estimated Hours and Rate
Item Hours Hourly Rate Estimated Total
Test Servers Build 504 $140.00 $70,560
Project Management 100 $140.00 $14,000
Go-Live Support 80 $140.00 $11,200
Total Estimate 684 $140.00 $95,760
Hours Breakdown:

Server Name Hours Weeks
DB Server 40 1
Infor LSF 50 1-2
Infor LMK 50 1-2
Infor ADFS 40 1-2
Infor OS 40 1-2
Infor LBI 60 1-2
BSI TaxFactory 20 1
PLine Creation TST-STAGE 40 1
PLine Creation DEV 40 1
Data Migration 24 1
Iteration/Pass #2 40 1
DB Support 40 Ongoing
Latest BSI TaxFactory Cyclic Upgrade (PROD + TEST) 20 <1 Total Estimate 504 11-15

EXHIBIT A

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3) C1295 & Monthly Expenditure Report
Deliverables
(1) New COBOL Report – Monthly Expenditure Report
(2) New COBOL Report – C1295 Report
Summary:

Hours by Category Hours
Project Leadership & Project Management 20
Requirements Review Analysis and Design 10
Interface Development and System Setup 90
UAT Testing/QA 15
Production Support 15
Total Estimate 150
Overall:

Item Hours Hourly Rate Total Cost
Managed Services &
Database Support
36 hours / week $140.00 $262,080
2019 TEST Servers Build 684 $140.00 $95,760
C1295 Report & Monthly
Expenditure Report
122.5 $140.00 $17,160

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Attachment 6

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Attachment 7

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Attachment
8

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ATTACHMENT 9

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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT ("Agreement") is entered into on July 1, 2024 between the City of Concord, a California municipal corporation, ("CITY") and PTCE Group LLC, a corporation, 1397 S.

Maya Way, Mountain House, CA 95391 (“CONSULTANT”).

THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:

The CITY desires to contract with CONSULTANT to provide the professional services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:

1. TERM. This Agreement shall commence on July 1, 2024 and expire on June 30, 2025.

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, shall in no event shall the amount CITY pays CONSULTANT exceed One Hundred Sixty Thousand dollars ($160,000) for the term of this Agreement. Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

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

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

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

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

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

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

CONSULTANT shall not represent that CONSULTANT or its officers, agents, employees, volunteers

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

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

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

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

10. INDEMNIFICATION.

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

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

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

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

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

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

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

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

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CONSULTANT agrees as follows:

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

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

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

16. CONFLICT OF INTEREST.

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

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or of any CITY official, other than normal contract monitoring; and (2) Possesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)

18. CHOICE OF LAW. This Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Contra Costa, California.

21. INTEGRATION. All exhibits identified in this Agreement are attached hereto and incorporated herein by reference. The Agreement contains the entire agreement and understanding

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between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between CONSULTANT and CITY, whether oral or written.
//
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22. SUCCESSORS AND ASSIGNS: NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE. CITY and CONSULTANT respectively, bind themselves, their successors, assigns, and legal representatives to the terms and obligations of this Agreement. CONSULTANT shall not assign or transfer any interest in the Agreement without the CITY's prior written consent, which consent shall be in the CITY’s sole discretion. Any attempted assignment or transfer in breach of this provision shall be void. This Agreement is not intended and shall not be construed to create any third party benefit. This Agreement is not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.

To CITY: Gregory Taylor, IT Director
Information Technology Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3189
Email: [email protected]
To CONSULTANT: Cedrick Major, Owner/Managing Partner
PTCE Group, LLC

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1397 S. Maya Way
Mountain House, CA 95391
Phone: (559) 519-6796
Email: [email protected]

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

IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Cedrick Major Name: Gregory Taylor
Title: Owner/Managing Partner Title IT Director
Address: 1397 S. Maya Way Address: 1950 Parkside Drive
Mountain House, CA 95391 Concord, CA 94519
Telephone: (559)519-6796 Telephone: (925) 671-3189
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Meyer Brown Joelle Fockler, MMC
City Attorney City Clerk

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FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 23/24 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $_________________. Account Code .

Finance Director's Signature

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The City of Concord: Infrastructure and Security Support Services EXHIBIT A: Scope of Services

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PTCE Group is proposing the following professional services engagement to provide day-to-day operational and future project support in the network, server, voice over IP, virtualization, and security technology areas at The City of Concord. PTCE will perform troubleshooting, analysis, configuration, implementation, and project management services to fulfill the objectives of The City of Concord.

Engagement Governance
PTCE Group will:

1. Work with Customer's technical points of contact to meet defined objectives for operational support.

2. Work with the Customer’s project manager(s) to develop any needed project definitions and project workplans. PTCE Group and Customer's project manager(s) will be the points of contact for issue resolution and will continuously monitor progress to minimize potential risks.

3. Provide experienced consultants to work with the Customer to evaluate requirements and desired outcomes for the service. PTCE Group agrees to perform services as listed below, with the understanding that said services can be modified after initial analysis and planning as agreed to by both parties. If additional hours are needed the Customer must use the Change Order process to request hours, with both PTCE Group and Customer agreeing to the change in scope before actual work effort begins.

4. Determine with the client the reporting and status process for the engagement. a. Kickoff Call
b. Regularly scheduled status calls
c. Status reports
d. Escalation process

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Infrastructure and Security Support

1. Operational Network Support:
 Provide support for the day-to-day operation of the network at the City of Concord.  Assist with additions, changes, and troubleshooting efforts.  Implement new hardware according to the City of Concord’s new network infrastructure designs and plans.
 Assist with the replacement of failed hardware.
 Maintain and/or create network infrastructure documentation.

2. Voice Over IP(VoIP) Support
 Provide support for the day-to-day operation of the Voice over IP environment at the City of Concord. This is to include supporting the Voice UCS server platform along with the Cisco Call Manger, Cisco Unity Connection and Cisco Emergency Responder systems.  Assist with any moves, adds and changes as needed and troubleshooting efforts.  Maintain and/or create documentation of the Voice over IP environment.

3. Server Infrastructure Support
 Provide support for the day-to-day operation of the server infrastructure at the City of Concord. This includes supporting new server implementations, maintaining existing systems and troubleshooting issues as they arise.
 Maintain and/or create documentation of the server infrastructure environment.

4. Infrastructure Virtualization Support
 Provide support for the day-to-day operation of the virtualization environment at the City of Concord. This includes supporting additions, changes and troubleshooting issues as they arise in the Citrix and VMware environments.
 Maintain and/or create documentation of the virtualization environment.

5. Firewall Support
 Provide support for the day-to-day operation of the firewall environment at the City of Concord. This includes supporting additions, changes and troubleshooting issues as they arise.
 Maintain and/or create documentation of the firewall environment.

6. Cisco Umbrella Support
 Provide support for the day-to-day operation of the Cisco Umbrella environment at the City of Concord. This includes supporting additions, changes and troubleshooting issues as they arise.
 Maintain and/or create documentation of the Cisco Umbrella environment.

7. Future projects in the areas of Network, Servers, Voice over IP, Virtualization and Security  Provide architectural and engineering services for future projects in the Network, Server, Voice over IP, Virtualization and Security technology domains.

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Customer responsibilities

1. Assign an individual to assist in scheduling and coordinating the client side resources.

2. Provide appropriate access to the environment and related systems.

Fee Structure
Services are performed on a time and material basis and will be billed monthly.

Description Rate
Infrastructure Support $100/hr.

Signatures
The parties through their authorized representatives signing below, hereby agree to the terms of this Statement of Work as of the Effective Date.

The City of Concord PTCE Group
Signature Signature
Name Name
Title Title
Date: Date:

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

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

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

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

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

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

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

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

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

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

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

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

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

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

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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: Andrea Moreira, Senior Administrative Analyst [email protected]
(925) 671-3059
Subject: Considering approval of time extensions for 12 Master Services Agreement Amendments for the Community
Development Department; and authorizing the City Manager to execute the agreements.

CEQA: Not a project/exempt pursuant to Public Resources Coded Section 21065, CEQA Guidelines 15060(c)(2), 15061, 15273, and/or 15378.

Report in Brief
The Engineering Services Division (Engineering) within the Community Development Department is responsible for designing and constructing projects identified in the Capital Improvement Program (CIP). In addition, both the Transportation Division of Public Works and Planning Division of CDD, as well as the Current Development section of Engineering, are responsible for Development Review services. These respective divisions fulfill their responsibilities by relying on internal staff and when appropriate and necessary professional consultant resources.

The Master Services Agreement (MSA) process simplifies and accelerates the design delivery of small to medium-sized projects that require professional consultant support.

It does this by pre-qualifying and establishing contractual relationships with specialized firms, prior to work being needed, allowing them to perform work associated with specific projects defined by a future Task Order (TO). It is estimated that the use of

4.d

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City Council Agenda Report
Agenda Item No. 4.d
June 25, 2024
MSAs will save the City of Concord (City) over $100,000 this year alone in the City staff (Staff) time that would otherwise be spent requesting and evaluating multiple proposals and issuing and processing contracts for each small project or need. The MSA process has been used successfully for many years within the City.

The current MSAs (FY 2023-2024) are set to expire on June 30, 2024. Several TOs have been issued for active projects that remain ongoing. Staff is requesting that City Council (Council) approves Amendments to these 12 current Master Services Agreements (Attachment 1), allowing an extension of time for a period of up to six (6) months (December 31, 2024) to complete work for certain active Task Orders. There will be no additional funds added to these FY 2023-24 task orders or MSA’s.

Recommended Action
Approve time extensions for 12 Master Services Agreement Amendments for the Community Development Department and authorize the City Manager to execute the Agreements, subject to City Attorney approval.

Background
Council allocates funds for improvement projects through the adopted Capital Improvement Program (CIP), which funds and authorizes the implementation of individual projects. The Engineering Services Division (Engineering) is responsible for managing the design and construction of those capital improvement projects. In addition, the Transportation Division of Public Works and Planning Division of CDD, as well as the Current Development section of Engineering, are responsible for Development Review services. These respective divisions fulfill their responsibilities by relying on internal staff and professional consultant resources.

The MSA process supplements the traditional Request for Proposal (RFP) process, which will continue to be used for both large and special projects. The MSA process is a more efficient means to authorize work for smaller expenditures, while there are still many projects in the CIP that will require the use of the traditional RFP process.

The purpose of the MSA process is to simplify and accelerate the delivery of small to medium-sized projects by authorizing Staff to issue project-specific TOs to pre-selected consultants. The use of these consultant firms is needed by the City as they provide specialized expertise and/or professional experience that is needed for certain projects but is not within the skill set or workload capacity of Staff. The MSA process accelerates project schedules by at least six weeks, which is the time it would take to bring a professional services contract to Council for approval.

Analysis
The current MSAs (FY 2023-2024) are set to expire on June 30, 2024. Several TOs have been issued for active projects that remain ongoing. Staff is requesting that Council approves Amendments to these 12 current Master Services Agreements

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City Council Agenda Report
Agenda Item No. 4.d
June 25, 2024
(Attachment 1), allowing an extension of time for a period of up to six (6) months (December 31, 2024) to complete work for the Task Orders in the list below. The list below comprises the 33 Task Orders issued under the 12 MSAs set to expire on June 30, 2024. There will be no additional funds added to these FY 2023-24 task orders or MSA’s:

Consultant Task
Order #
MSA
#
Project
#
Project Name
BKF Engineers 2 5866 2598 Concord Boulevard Sewer and
Streetscape Improvements
Comstock Johnson Architects 1 5867 2429 Civic Center Roof Replacement Comstock Johnson Architects 7 5867 2533 Camp Concord Maintenance Repairs
Comstock Johnson Architects 8 5867 2479 Police Department Headquarters Roof Restoration
CSG Consultants 1 5868 2633 Citywide Bridge Maintenance Dewberry Engineers 3 5869 2593 Citywide Pothole and Base Repair Project
Dewberry Engineers, Inc. 2A 5869 2527 Citywide Arterial & Collector Maintenance - Phase 2
Diablo Engineering Group 5 5870 2522 Farm Bureau Undergrounding Diablo Engineering Group 9 5870 2645 Concord Community Pool - Shade Structure
Diablo Engineering Group 10 5870 2647 Concord Community Pool - Bulkhead
Diablo Engineering Group 11 5870 2643 Concord Community Pool - ADA Path
Diablo Engineering Group 13 5870 2712 Sun Terrace Elementary School Crossing Improvements
Ghirardelli Associates 3 5873 2513 Whitman Road Sanitary Sewer Improvements Project
Ghirardelli Associates 5 5873 2513 Whitman Road Sanitary Sewer Improvements Project
Kennedy & Associates 6 5874 - Development Review Series Kennedy & Associates 7 5874 - City Surveyor Services

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City Council Agenda Report
Agenda Item No. 4.d
June 25, 2024
LCC Engineering & Surveying 4 5876 2623 Pavement Maintenance Zone 3N LCC Engineering & Surveying 6 5876 2703 Aspen Dr Sewer Replacement LCC Engineering & Surveying 7 5876 2664 Commercial Circle & Blenheim Way Storm Drain Improvements
Nichols Consulting Engineers 1 5878 2666 Citywide Sidewalk Repair Nichols Consulting Engineers 2 5878 2518 Civic Center Greening Park Engineering 6 5880 2634 Willow Pass Park Pedestrian Crossing
Park Engineering 7 5880 2011 4012 Willow Pass Road Power Park Engineering 8 5880 2601 Bailey Road Crossing
Enhancements
Park Engineering 9 5880 2653 Police Department Generator & Transfer Switch
Park Engineering 10 5880 2603 Citywide Accessibility
Improvements No. 10
Park Engineering 11 5880 2666 Citywide Sidewalk Repair
Pavement Engineering 2 5881 2527 Citywide Arterial & Collector Maintenance - Phase 2
Pavement Engineering 5 5881 2527 Citywide Slurry Seal - Phase 2 Pavement Engineering 2A 5881 2527 Citywide Arterial & Collector Maintenance - Phase 2
Swinerton Management &
Consulting 5 5886 2393 Trim Replacement at Willow Pass Recreation Center Stantec Consulting Services 4 5997 2705 Citywide Sewer Condition Assessment
Stantec Consulting Services 5 5997 2599 Citywide Sewer Capacity Upgrade
Financial Impact
Funding for the current task orders was already encumbered through purchase orders.

No new funds will be added to the Task Orders. The extension's sole purpose is to pay the invoices due and complete work performed under the already issued task orders.

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City Council Agenda Report
Agenda Item No. 4.d
June 25, 2024
Environmental Determination
Council action on this item is exempt from California Environmental Quality Act (CEQA) review as the approval of a project listing and budget amendment are not activities that constitute a “project” within the meaning of Public Resources Section 21065, CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), 15273, and/or 15378, do not commit the City to a definite course of action, and do not constitute discretionary approval of a specific project; if this was determined to be a “project” for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption outlined in CEQA Guidelines Section 15061(b)(3). This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Public Contact
The City Council Agenda was posted.

Attachment

1. Amended Master Services Agreements

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This Second Amendment to Master Agreement for Professional Services (“Second Amendment”) is entered into on this date, July 1, 2024 and amends the Master Agreement for Professional Services, Agreement No. 5866, between the City of Concord (“CITY”) and BKF Engineers (“CONSULTANT”).

WHEREAS the CITY and CONSULTANT entered into a Master Agreement for Professional Services, Agreement No. 5866, dated July 1, 2021 (the “Agreement”), wherein CONSULTANT agreed to provide civil design services related to CIP Projects and other as-needed services.

WHEREAS, under Section 22 “TERM” the Agreement provides that the Agreement shall expire on June 30, 2023.

WHEREAS, under Section 22 “TERM” the Agreement provides that the Agreement may be extended for one-year upon mutual agreement by both CITY and CONSULTANT.

WHEREAS the parties mutually desire to amend the Agreement to extend the term.

WHEREAS the CITY and CONSULTANT executed the First Amendment on May 9, 2023, 5866-A, to extend the agreement term to June 30, 2024
NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:

1. Section 22 “TERM” is hereby amended to read as follows: This Agreement shall be from the date executed above through December 31st, 2024.

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

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

Signatures on the following page
Attachment 1

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28 Dated: ___________, 2024 BKF Engineers
BY: ________________________
Name: Daniel Schaefer
Title: Vice President
Email: [email protected]
Dated: ___________, 2024 CITY OF CONCORD
By: _________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
____________________________ ____________________________________ Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR’S CERTIFICATION:

Concord California
Date: ________________, 2024

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2024/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT. TO WIT:

THE SUM OF $250,000
Account Code: various
________________________________
Finance Director’s Signature

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This Second Amendment to Master Agreement for Professional Services (“Second Amendment”) is entered into on this date, July 1, 2024 and amends the Master Agreement for Professional Services, Agreement No. 5867, between the City of Concord (“CITY”) and Comstock Johnson Architects, Inc. (“CONSULTANT”).

WHEREAS the CITY and CONSULTANT entered into a Master Agreement for Professional Services, Agreement No. 5867, dated July 1, 2021 (the “Agreement”), wherein CONSULTANT agreed to provide architectural design services related to CIP Projects and other as-needed services.

WHEREAS, under Section 22 “TERM” the Agreement provides that the Agreement shall expire on June 30, 2023.

WHEREAS, under Section 22 “TERM” the Agreement provides that the Agreement may be extended for one-year upon mutual agreement by both CITY and CONSULTANT.

WHEREAS the parties mutually desire to amend the Agreement to extend the term.

WHEREAS the CITY and CONSULTANT executed the First Amendment on May 9, 2023, 5867-A, to extend the agreement term to June 30, 2024
NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:

1. Section 22 “TERM” is hereby amended to read as follows: This Agreement shall be from the date executed above through December 31st, 2024.

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

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

Signatures on the following page

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28 Dated: ___________, 2024 Comstock Johnson Architects, Inc.

BY: ________________________
Name: Kevin L. Wilcox
Title: Principal
Email: [email protected]
Dated: ___________, 2024 CITY OF CONCORD
By: _________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
____________________________ ____________________________________ Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR’S CERTIFICATION:

Concord California
Date: ________________, 2024

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2024/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT. TO WIT:

THE SUM OF $250,000
Account Code: various
________________________________
Finance Director’s Signature

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This Second Amendment to Master Agreement for Professional Services (“Second Amendment”) is entered into on this date, July 1, 2024 and amends the Master Agreement for Professional Services, Agreement No. 5868, between the City of Concord (“CITY”) and CSG Consultants, Inc. (“CONSULTANT”).

WHEREAS the CITY and CONSULTANT entered into a Master Agreement for Professional Services, Agreement No. 5868, dated July 1, 2021 (the “Agreement”), wherein CONSULTANT agreed to provide developmental plan review services related to CIP Projects and other as-needed services.

WHEREAS, under Section 22 “TERM” the Agreement provides that the Agreement shall expire on June 30, 2023.

WHEREAS, under Section 22 “TERM” the Agreement provides that the Agreement may be extended for one-year upon mutual agreement by both CITY and CONSULTANT.

WHEREAS the parties mutually desire to amend the Agreement to extend the term.

WHEREAS the CITY and CONSULTANT executed the First Amendment on May 9, 2023, 5868-A, to extend the agreement term to June 30, 2024
NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:

1. Section 22 “TERM” is hereby amended to read as follows: This Agreement shall be from the date executed above through December 31st, 2024.

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

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

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28 Dated: ___________, 2024 CSG Consultants, Inc.

BY: ________________________
Name: Cyrus Kianpour
Title: President
Email: [email protected]
Dated: ___________, 2024 CITY OF CONCORD
By: _________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
____________________________ ____________________________________ Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR’S CERTIFICATION:

Concord California
Date: ________________, 2024

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2024/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT. TO WIT:

THE SUM OF $250,000
Account Code: various
________________________________
Finance Director’s Signature

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This Second Amendment to Master Agreement for Professional Services (“Second Amendment”) is entered into on this date, July 1, 2024 and amends the Master Agreement for Professional Services, Agreement No. 5869, between the City of Concord (“CITY”) and Dewberry Engineers, Inc. (“CONSULTANT”).

WHEREAS the CITY and CONSULTANT entered into a Master Agreement for Professional Services, Agreement No. 5869, dated July 1, 2021 (the “Agreement”), wherein CONSULTANT agreed to provide project coordination/construction management related to CIP Projects and other asneeded services.

WHEREAS, under Section 22 “TERM” the Agreement provides that the Agreement shall expire on June 30, 2023.

WHEREAS, under Section 22 “TERM” the Agreement provides that the Agreement may be extended for one-year upon mutual agreement by both CITY and CONSULTANT.

WHEREAS the parties mutually desire to amend the Agreement to extend the term.

WHEREAS the CITY and CONSULTANT executed the First Amendment on May 9, 2023, 5869-A, to extend the agreement term to June 30, 2024
NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:

1. Section 22 “TERM” is hereby amended to read as follows: This Agreement shall be from the date executed above through December 31st, 2024.

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

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

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28 Dated: ___________, 2024 Dewberry Engineers, Inc.

BY: ________________________
Name: Howard Zabell
Title: Vice President
Email: [email protected]
Dated: ___________, 2024 CITY OF CONCORD
By: _________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
____________________________ ____________________________________ Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR’S CERTIFICATION:

Concord California
Date: ________________, 2024

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2024/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT. TO WIT:

THE SUM OF $250,000
Account Code: various
________________________________
Finance Director’s Signature

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This Second Amendment to Master Agreement for Professional Services (“Second Amendment”) is entered into on this date, July 1, 2024 and amends the Master Agreement for Professional Services, Agreement No. 5870, between the City of Concord (“CITY”) and Diablo Engineering Group (“CONSULTANT”).

WHEREAS the CITY and CONSULTANT entered into a Master Agreement for Professional Services, Agreement No. 5870, dated July 1, 2021 (the “Agreement”), wherein CONSULTANT agreed to provide civil design services related to CIP Projects and other as-needed services.

WHEREAS, under Section 22 “TERM” the Agreement provides that the Agreement shall expire on June 30, 2023.

WHEREAS, under Section 22 “TERM” the Agreement provides that the Agreement may be extended for one-year upon mutual agreement by both CITY and CONSULTANT.

WHEREAS the parties mutually desire to amend the Agreement to extend the term.

WHEREAS the CITY and CONSULTANT executed the First Amendment on May 9, 2023, 5870-A, to extend the agreement term to June 30, 2024
NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:

1. Section 22 “TERM” is hereby amended to read as follows: This Agreement shall be from the date executed above through December 31st, 2024.

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

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

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28 Dated: ___________, 2024 Diablo Engineering Group
BY: ________________________
Name: Jennifer Harmon
Title: Principal
Email: [email protected]
Dated: ___________, 2024 CITY OF CONCORD
By: _________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
____________________________ ____________________________________ Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR’S CERTIFICATION:

Concord California
Date: ________________, 2024

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2024/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT. TO WIT:

THE SUM OF $250,000
Account Code: various
________________________________
Finance Director’s Signature

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This Second Amendment to Master Agreement for Professional Services (“Second Amendment”) is entered into on this date, July 1, 2024 and amends the Master Agreement for Professional Services, Agreement No. 5873, between the City of Concord (“CITY”) and Ghirardelli Associates (“CONSULTANT”).

WHEREAS the CITY and CONSULTANT entered into a Master Agreement for Professional Services, Agreement No. 5873, dated July 1, 2021 (the “Agreement”), wherein CONSULTANT agreed to provide project coordination/construction management services related to CIP Projects and other as-needed services.

WHEREAS, under Section 22 “TERM” the Agreement provides that the Agreement shall expire on June 30, 2023.

WHEREAS, under Section 22 “TERM” the Agreement provides that the Agreement may be extended for one-year upon mutual agreement by both CITY and CONSULTANT.

WHEREAS the parties mutually desire to amend the Agreement to extend the term.

WHEREAS the CITY and CONSULTANT executed the First Amendment on May 9, 2023, 5873-A, to extend the agreement term to June 30, 2024
NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:

1. Section 22 “TERM” is hereby amended to read as follows: This Agreement shall be from the date executed above through December 31st, 2024.

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

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

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28 Dated: ___________, 2024 Ghirardelli Associates
BY: ________________________
Name: Raewyn Lelo-Butcher
Title: Vice President
Email: [email protected]
Dated: ___________, 2024 CITY OF CONCORD
By: _________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
____________________________ ____________________________________ Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR’S CERTIFICATION:

Concord California
Date: ________________, 2024

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2024/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT. TO WIT:

THE SUM OF $250,000
Account Code: various
________________________________
Finance Director’s Signature

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This Second Amendment to Master Agreement for Professional Services (“Second Amendment”) is entered into on this date, July 1, 2024 and amends the Master Agreement for Professional Services, Agreement No. 5874, between the City of Concord (“CITY”) and Kennedy & Associates (“CONSULTANT”).

WHEREAS, the CITY and CONSULTANT entered into a Master Agreement for Professional Services, Agreement No. 5874, dated July 1, 2021 (the “Agreement”), wherein CONSULTANT agreed to provide development plan review services related to CIP Projects and other as-needed services..

WHEREAS, under Section 22 “TERM” the Agreement provides that the Agreement shall expire on June 30, 2023.

WHEREAS, under Section 22 “TERM” the Agreement provides that the Agreement may be extended for one-year upon mutual agreement by both CITY and CONSULTANT.

WHEREAS the parties mutually desire to amend the Agreement to extend the term.

WHEREAS the CITY and CONSULTANT executed the First Amendment on May 9, 2023, 5874- A, to extend the agreement term to June 30, 2024
NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:

1. Section 22 “TERM” is hereby amended to read as follows: This Agreement shall be from the date executed above through December 31
st
, 2024.

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

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

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28 Dated: ___________, 2024 CONSULTANT
BY: ________________________
Name: Frank Kennedy
Title: President
Email: [email protected]
Dated: ___________, 2024 CITY OF CONCORD
By: _________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
____________________________ ____________________________________ Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR’S CERTIFICATION:

Concord California
Date: ________________, 2024

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2024/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT. TO WIT:

THE SUM OF $250,000
Account Code: various
________________________________
Finance Director’s Signature

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This Second Amendment to Master Agreement for Professional Services (“Second Amendment”) is entered into on this date, July 1, 2024 and amends the Master Agreement for Professional Services, Agreement No. 5876, between the City of Concord (“CITY”) and LCC Engineering & Surveying, Inc. (“CONSULTANT”).

WHEREAS the CITY and CONSULTANT entered into a Master Agreement for Professional Services, Agreement No. 5876, dated July 1, 2021 (the “Agreement”), wherein CONSULTANT agreed to provide civil design/survey services related to CIP Projects and other as-needed services.

WHEREAS, under Section 22 “TERM” the Agreement provides that the Agreement shall expire on June 30, 2023.

WHEREAS, under Section 22 “TERM” the Agreement provides that the Agreement may be extended for one-year upon mutual agreement by both CITY and CONSULTANT.

WHEREAS the parties mutually desire to amend the Agreement to extend the term.

WHEREAS the CITY and CONSULTANT executed the First Amendment on May 9, 2023, 5876-A, to extend the agreement term to June 30, 2024
NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:

1. Section 22 “TERM” is hereby amended to read as follows: This Agreement shall be from the date executed above through December 31st, 2024.

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

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

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28 Dated: ___________, 2024 LCC Engineering & Surveying, Inc.

BY: ________________________
Name: Mariam Virani
Title: Principal
Email: [email protected]
Dated: ___________, 2024 CITY OF CONCORD
By: _________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
____________________________ ____________________________________ Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR’S CERTIFICATION:

Concord California
Date: ________________, 2024

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2024/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT. TO WIT:

THE SUM OF $250,000
Account Code: various
________________________________
Finance Director’s Signature

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This Second Amendment to Master Agreement for Professional Services (“Second Amendment”) is entered into on this date, July 1, 2024 and amends the Master Agreement for Professional Services, Agreement No. 5878, between the City of Concord (“CITY”) and Nichols Consulting Engineers (“CONSULTANT”).

WHEREAS the CITY and CONSULTANT entered into a Master Agreement for Professional Services, Agreement No. 5878, dated July 1, 2021 (the “Agreement”), wherein CONSULTANT agreed to provide civil design/environmental services related to CIP Projects and other as-needed services.

WHEREAS, under Section 22 “TERM” the Agreement provides that the Agreement shall expire on June 30, 2023.

WHEREAS, under Section 22 “TERM” the Agreement provides that the Agreement may be extended for one-year upon mutual agreement by both CITY and CONSULTANT.

WHEREAS the parties mutually desire to amend the Agreement to extend the term.

WHEREAS the CITY and CONSULTANT executed the First Amendment on May 9, 2023, 5878-A, to extend the agreement term to June 30, 2024
NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:

1. Section 22 “TERM” is hereby amended to read as follows: This Agreement shall be from the date executed above through December 31st, 2024.

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

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

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28 Dated: ___________, 2024 Nichols Consulting Engineers BY: ________________________
Name: Michael J. Leacox
Title: Principal-in-Charge
Email: [email protected]
Dated: ___________, 2024 CITY OF CONCORD
By: _________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
____________________________ ____________________________________ Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR’S CERTIFICATION:

Concord California
Date: ________________, 2024

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2024/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT. TO WIT:

THE SUM OF $250,000
Account Code: various
________________________________
Finance Director’s Signature

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This Second Amendment to Master Agreement for Professional Services (“Second Amendment”) is entered into on this date, July 1, 2024 and amends the Master Agreement for Professional Services, Agreement No. 5880, between the City of Concord (“CITY”) and Park Engineering (“CONSULTANT”).

WHEREAS the CITY and CONSULTANT entered into a Master Agreement for Professional Services, Agreement No. 5880, dated July 1, 2021 (the “Agreement”), wherein CONSULTANT agreed to provide project coordination/construction management services related to CIP Projects and other as-needed services.

WHEREAS, under Section 22 “TERM” the Agreement provides that the Agreement shall expire on June 30, 2023.

WHEREAS, under Section 22 “TERM” the Agreement provides that the Agreement may be extended for one-year upon mutual agreement by both CITY and CONSULTANT.

WHEREAS the parties mutually desire to amend the Agreement to extend the term.

WHEREAS the CITY and CONSULTANT executed the First Amendment on May 9, 2023, 5880-A, to extend the agreement term to June 30, 2024
NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:

1. Section 22 “TERM” is hereby amended to read as follows: This Agreement shall be from the date executed above through December 31st, 2024.

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

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

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28 Dated: ___________, 2024 Park Engineering
BY: ________________________
Name: Jaemin Park
Title: President
Email: [email protected]
Dated: ___________, 2024 CITY OF CONCORD
By: _________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
____________________________ ____________________________________ Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR’S CERTIFICATION:

Concord California
Date: ________________, 2024

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2024/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT. TO WIT:

THE SUM OF $250,000
Account Code: various
________________________________
Finance Director’s Signature

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This Third Amendment to Master Agreement for Professional Services (“Third Amendment”) is entered into on this date, July 1, 2024 and amends the Master Agreement for Professional Services, Agreement No. 5881, between the City of Concord (“CITY”) and Pavement Engineering, Inc. (“CONSULTANT”).

WHEREAS, the CITY and CONSULTANT entered into a Master Agreement for Professional Services, Agreement No. 5881, dated July 1, 2021 (the “Agreement”), wherein CONSULTANT agreed to provide civil design/materials testing services related to CIP Projects and other as-needed services.

WHEREAS, under Section 22 “TERM” the Agreement provides that the Agreement shall expire on June 30, 2023.

WHEREAS, under Section 22 “TERM” the Agreement provides that the Agreement may be extended for one-year upon mutual agreement by both CITY and CONSULTANT.

WHEREAS, the CITY and CONSULTANT executed the First Amendment on September 1, 2021, 5881-A. Consultant requested their address to be changed from 5702 Marsch Drive, Unit T, Pacheco, CA 94553 to 1190 Burnett Avenue, Suite E, Concord, CA 94520.

WHEREAS, the CITY and CONSULTANT executed the Second Amendment on May 9, 2023, Agreement No. 5881-B, to extend the agreement term to June 30, 2024.

WHEREAS, the parties mutually desire to amend the Agreement to extend the term.

NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:

1. Section 22 “TERM” is hereby amended to read as follows: This Agreement shall be from the date executed above through December 31
st
, 2024.

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

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

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28 Dated: ___________, 2024 Pavement Engineering, Inc.

BY: ________________________
Name: Joseph L. Ririe
Title: President
Email: [email protected]
Dated: ___________, 2024 CITY OF CONCORD
By: _________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
____________________________ ____________________________________ Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR’S CERTIFICATION:

Concord California
Date: ________________, 2024

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2024/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT. TO WIT:

THE SUM OF $250,000
Account Code: various
________________________________
Finance Director’s Signature

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This Second Amendment to Master Agreement for Professional Services (“Second Amendment”) is entered into on this date, July 1, 2024 and amends the Master Agreement for Professional Services, Agreement No. 5886, between the City of Concord (“CITY”) and Swinerton Management & Consulting (“CONSULTANT”).

WHEREAS the CITY and CONSULTANT entered into a Master Agreement for Professional Services, Agreement No. 5886, dated July 1, 2021 (the “Agreement”), wherein CONSULTANT agreed to provide project coordination/construction management services related to CIP Projects and other as-needed services.

WHEREAS, under Section 22 “TERM” the Agreement provides that the Agreement shall expire on June 30, 2023.

WHEREAS, under Section 22 “TERM” the Agreement provides that the Agreement may be extended for one-year upon mutual agreement by both CITY and CONSULTANT.

WHEREAS the parties mutually desire to amend the Agreement to extend the term.

WHEREAS the CITY and CONSULTANT executed the First Amendment on May 9, 2023, 5886-A, to extend the agreement term to June 30, 2024
NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:

1. Section 22 “TERM” is hereby amended to read as follows: This Agreement shall be from the date executed above through December 31st, 2024.

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

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

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28 Dated: ___________, 2024 Swinerton Management & Consulting BY: ________________________
Name: Jeffrey S. Gee
Title: Vice President
Email: [email protected]
Dated: ___________, 2024 CITY OF CONCORD
By: _________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
____________________________ ____________________________________ Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR’S CERTIFICATION:

Concord California
Date: ________________, 2024

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2024/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT. TO WIT:

THE SUM OF $250,000
Account Code: various
________________________________
Finance Director’s Signature

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Staff Report
Date: June 25, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Greg Taylor, Director of Information Technology Prepared by: Damaris Sambajon, Systems and Programming Manager [email protected]
(925) 671-3305
Subject: Considering approval of a Professional Services Agreement with Naviant, Inc. to upgrade services and cover the costs of one-year of software licensing (Fiscal Year 2024-25) for the Citywide Enterprise Document Management System, OnBase, in an amount not to exceed $172,692 which includes a 5% contingency; 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 employs OnBase, an Electronic Document Management software, for streamlined management of contract signings, agenda handling, electronic routing, and workflows. To ensure continued functionality and security, a significant update of the current software is necessary, as the windows operating system upon which the software is based, has been out of support since October 2023. This initiative aims to upgrade the windows operating system to a supported platform and upgrade the OnBase software to its latest version while keeping it on premise, enhancing security, reliability, and software support. The total cost for this upgrade and associated licensing and maintenance at a not-to-exceed cost of $172,692. All funding required for this project has already been identified and approved in CIP 2258, Replacement of Citywide Electronic Document Management System.

4.e

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City Council Agenda Report
Agenda Item No. 4.e
June 25, 2024
Recommended Action
Approve a Professional Services Agreement with Naviant, Inc. to upgrade services and cover the costs of one-year of software licensing (Fiscal Year 2024-25) for the Citywide Enterprise Document Management System, OnBase, in an amount not-to-exceed $172,692, including a 5% contingency; 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 went to an electronic platform, OnBase, for Council and Committee Meeting agenda processing in 2016. Annual licensing and maintenance agreements provide the City with critical OnBase support, hot patches, service packs and major revision upgrades. The OnBase system and associated support is sourced through Naviant, Inc. and provides the following services:
 Streaming Video for Council Meetings
 Electronic Agenda Management for Council Meetings and Commission Meetings
 Preservation and enforcement of Document Retention Policies for City Documents
 Streamlines Contract processing and execution.

Currently, the OnBase environment is over three versions behind and is out of support since October 2023. Updates are needed in order to maintain a reliable, secure and highly available business system. When the system is not reliable, as the organization is currently experiencing, a lot of staff time is wasted trouble shooting the program. The necessary updates include:
 A software update to the latest Windows Operating System  A hardware update that improves availability, redundancy and efficiency  An OnBase system software update; ensuring functionality and support from the maker of the software
 Maintenance and support for the newer licensing of the Hyland OnBase software  Improved Contract and Compliance workflow to provide more efficient processes Analysis
Currently the existing licensing and software costs are $84,850 paid on an annual basis.

The new yearly cost starting FY24/25 are estimated to be $88,477.96 a year and will include additional licensing (OCR license) and maintenance fees. Total costs of $172,692 for the FY 2024-2025 include yearly maintenance costs, one-time upgrade costs, contract workflow improvements and a 5% contingency fee. All implementation

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City Council Agenda Report
Agenda Item No. 4.e
June 25, 2024
costs required for the upgrade are itemized in Exhibit A - Scope of Work of the Professional Services Agreement (Attachment 1). This action will authorize the expenditure of existing CIP funds dedicated to the development and maintenance of the City’s Electronic Document Management software, OnBase. The breakdown of upgrade costs are as follows:

LICENSING AND MAINTENANCE COSTS
Annual Licensing $40,816.24
Agenda Streaming $14,735.90
Support SLA $19,814.42
Hardware Maintenance -
Assureon $6,653.00
New Licensing
(OCR/Dashboards/SLA) $6,458.40
SUBTOTAL $88,477.96

PROFESSIONAL SERVICES
Upgrade Services $11,115.00
Contract and Compliance
Workflow updates $64,875.00
SUBTOTAL $75,990.00
Contingency $8,223.40
GRAND TOTAL $172,691.36
Procurement Process – The City maintains a contract with Naviant for the implementation, maintenance and upgrades of our existing OnBase software. Muni Code 3.10.080 Section 2 allows the City to waive bidding regulations and enter in an agreement with Naviant as a sole source agreement, based on work already completed within OnBase and to which we are providing additional functionality.

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City Council Agenda Report
Agenda Item No. 4.e
June 25, 2024
Financial Impact
There is no additional fiscal impact associated with this action as all necessary funding has been previously budgeted and approved in CIP project #2258, Replacement of Citywide Electronic Document Management System. The current FY 2023-2024 licensing and support costs to Naviant for the OnBase program total $84,850 and is already programmed into the adopted budget.

Public Contact
The City Council Agenda was posted.

Attachment

1. Naviant Professional Services Agreement

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AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on July 1, 2024 between the City of Concord, a California municipal corporation, ("CITY") and Naviant, Inc., 201 Prairie Heights Drive, Verona, WI 53593 (“CONSULTANT”).

THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:

The CITY desires to contract with CONSULTANT to provide the professional services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:

1. TERM. This Agreement shall commence on July 1, 2024 and expire on June 30, 2025.

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

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit ATTACHMENT 1

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A. However, shall in no event shall the amount CITY pays CONSULTANT exceed One Hundred seventy two thousand, six hundred and ninety two dollars ($172,692) for the term of this Agreement.

Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

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

4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Damaris Sambajon, Systems and Programming Manager of the Information Technology Department. The CONSULTANT’s authorized representative is Jason Bruner, Vice President of Finance.

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

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3.10.040(a). The Minimum Threshold for Fiscal Year 2021-22 is $80,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.

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

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

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

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

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photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services satisfactorily performed as of the effective date of the termination.

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

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

16. CONFLICT OF INTEREST.

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

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to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.

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Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of the Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.

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To CITY: Greg Taylor, Director of Information Technology Information Technology Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3189
Email: [email protected]
To CONSULTANT: Michael Carr, President
Naviant
201 Prairie Heights Drive
Verona, WI 53593
Phone: (608) 848-0900
Email: [email protected]

IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Michael Carr Name: Valerie J. Barone
Title: President Title City Manager
Address: 201 Prairie Heights Drive Address: 1950 Parkside Drive Verona ,WI 53593 Concord, CA 94519 Page 13 of 42
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Telephone: (608)848-0900 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Meyer Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2023-2024 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $172,692. Account Code 6359500c999-63800/6352258111-63800.

Finance Director's Signature

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Statement of Work
Planning & Implementation Phase
Contract Management Enhancements, Annual Maintenance, OnBase Upgrade Prepared For
Joelle Fockler, City Clerk
Damaris Sambajon, Enterprise Applications Manager, Systems & Programs City of Concord
Prepared By
Matt Hofhenke, Sales Executive
Jeremy Hettinger, Sales Engineer
Naviant, Inc.
31 May 2024

EXHIBIT A

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City of Concord – Contract Management Enhancements 31 May 2024 Naviant, Inc. - Confidential 2 SOW Version 06.23

TABLE OF CONTENTS
Project Scope ............................................................................................................................................................................................................ 3 Project Pricing ......................................................................................................................................................................................................... 7 Signature Page ......................................................................................................................................................................................................... 8 Appendix A – Naviant Project Methodology .............................................................................................................................................. 9 Naviant Methodology Overview ................................................................................................................................................................. 9 Planning Phase ................................................................................................................................................................................................ 10 Initiation ....................................................................................................................................................................................................... 11 Current State Review .............................................................................................................................................................................. 12 Future State Solution Roadmap ......................................................................................................................................................... 12 Planning Phase Report ........................................................................................................................................................................... 13 Implementation Phase ................................................................................................................................................................................. 14 Initiation ....................................................................................................................................................................................................... 15 Future State Solution Design ............................................................................................................................................................... 16 Configuration & Unit Testing .............................................................................................................................................................. 16 Demo, Feedback & Training ................................................................................................................................................................. 17 User Acceptance Testing ....................................................................................................................................................................... 18 Production Implementation & Go-Live ........................................................................................................................................... 18 PPMA, Closure & Support ..................................................................................................................................................................... 19 Appendix B – Training Resources ................................................................................................................................................................ 21 Appendix C – Naviant Support ...................................................................................................................................................................... 23 Appendix D – Obligations & Key Assumptions ..................................................................................................................................... 24 Appendix E – Software & Hardware Support Maintenance Agreement Renewal ................................................................ 25

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City of Concord – Contract Management Enhancements 31 May 2024 Naviant, Inc. - Confidential 3 SOW Version 06.23

PROJECT SCOPE
Introduction
Naviant, Inc. (“Naviant”) has engaged in preliminary discussions with City of Concord (“Customer”) to discuss options and best practices for optimizing Customer’s processes via Content Services such as content management, case management, process management, records management, and/or other automation technologies.

As a result of these discussions, City of Concord has requested that Naviant provide solution planning, implementation and/or support services as defined by this Statement of Work (sometimes referred to as “SOW” or “Agreement”).

Solution planning for this project will be provided through a Planning Phase to define initial requirements, identify design options, and provide a Planning Phase Report. Planning will validate business process options, software licensing, and professional services required to deliver and implement the solution.

Based on preliminary requirements provided by Customer to date, this SOW provides software licenses, related maintenance/support, and professional services estimates for the Customer-requested solution at this time. Upon completion of the Planning Phase, Future State software and professional services will be validated and a mutually-executed upon Change Order may be executed as appropriate.

An overview of the Naviant Methodology is provided in Appendix A of this Statement of Work.

Project Background
The Customer has requested to include the following two (2) projects into a single Statement of Work.

1. OnBase Upgrade: The Customer is currently using OnBase version 17 and has encountered recent compatibility issues due to the aging nature of the software version. To address these challenges and improve system stability, the Customer is requesting Naviant's assistance in upgrading their OnBase version to a more recent and stable release. This upgrade aims to minimize issues and deliver an enhanced experience with OnBase.

2. Contract Management Enhancements: In addition to an OnBase Upgrade, the Customer is looking to make enhancements to their existing Contract Management Workflow. When an agreement goes to Council it is pulled from Agenda Management and imported into the Unity Client. From there it passes several approvals and steps with various departments at the City, including the City Attorney, City Clerk and Finance. Due to the current Workflow process, contracts are often created outside of OnBase. Nonstandard contract templates are used and through various methods to merge documents together to form a single contract they can be too large to send to DocuSign. The Customer wishes to improve upon this process.

Project Objectives
The following business objectives were defined for these projects:

OnBase Upgrade
Customer has requested the Naviant provide professional services assistance for the upgrade of the existing OnBase platform from version 17 to 24.1. Naviant provides the upgrade software at no additional charge as part of Customer’s up-to-date payment of Manufacturer Software Maintenance. Naviant Professional services will provide remote assistance to upgrade 2 environments, on new servers. Customer has requested a refresh of Test environment from Production environment as part of this upgrade project’s tasks.

Contract Management Improvements
The project aims to establish a standardized process for Contract Management at the City. The improved process is designed to keep contracts inside of OnBase where they can be edited. Changes will be tracked with version control. The goal would be to initiate contracts through workflow so that templates can be automatically chosen.

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City of Concord – Contract Management Enhancements 31 May 2024 Naviant, Inc. - Confidential 4 SOW Version 06.23
There is a desire to use autofills for populating vendor data and through the use of native OnBase functionality like templates, version control, auto-fills for population vendor data, and workflow notifications will standardize and streamline the contract process. Following is a high-level overview of the current process and future state objectives.

Currently, if an Agreement goes to council it is pulled from Agenda Management and imported to OnBase Unity.

From there the Insurance is sent to the City Attorney for Review. Once approved, the City Clerk receives it and then the Agreement is assigned a Number to link the documents together. Once received by the City Clerk a Cover Sheet is generated that links all of the documents. The Agreement and Exhibits are sent to the City Attorney for Approval, and then on approval, it is then forwarded to Finance for approval. It is then sent to Finalize Contract where a PDF is created. Issues arise when people use templates outside of OnBase to generate their documents.

Future state objectives include:
 Ability to edit Contracts inside of OnBase
 Initiate the Contract in Workflow so that the template is automatically chosen  Populating the Vendor Data via AFKS
 Improved notifications
 Reporting Dashboards
Scope of Work
Customer and Naviant have identified the following high-level Future State objectives for the Implementation Phase of this project, which may include an applicable Change Order Authorization based on the findings from the Planning Phase.

The following capabilities will be considered within the scope of this project, subject to Planning Phase design validation activities:

1. OnBase Upgrade

1. Phase 1 – Refresh of Single Test Environment
 Copy volumes of each PROD disk Group into DEV Disk Group location  Take Full Back up of PROD database
 Restore back up of PROD over current TEST database location  Update each Disk Group path to point to TEST Disk Group location  Update each OnBase ID file in each Disk Group to desired TEST install ID  Update newly restored TEST database's install ID to a unique ID  Review system for any PROD connection strings or pointers

2. Phase 2 – Upgrade of Single Test Environment
 Install version EP3 of OnBase Configuration Client
 Create/Verify ODBC Connections
 Execute upgrade of DB to version EP3
 Install version 24.1 of OnBase Configuration Client
 Execute upgrade of EP3 to version 24.1
 Install Foundation 24.1 version of OnBase Application Server  Install Foundation 24.1 version of OnBase Web Server
 Configuration for AppServer (AD Authentication settings)  Configuration for WebServer (AD Authentication settings)  Install Clients on Server
 Run Basic Test (import, retrieve, view)
 Install Foundation 24.1 Version of Unity Scheduler
 Install Foundation 24.1 Version of OnBase Diagnostics Service  Install Foundation 24.1 version of OnBase Full Text Search  Install NEW Foundation 24.1 version of OnBase Full Text Search Catalogs  Configuration for TEST OMM1 Media Services
 Configuration for TEST OMA1 Servers for Agenda Management Service

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City of Concord – Contract Management Enhancements 31 May 2024 Naviant, Inc. - Confidential 5 SOW Version 06.23
 External AFKS updates/validation
 Testing Assistance

3. Phase 3 – Upgrade of Production Environment
 Review each server for prereqs
 Install Foundation EP3 version of OnBase Configuration Client  Create/Verify ODBC Connections
 Execute upgrade of DB to version EP3
 Install Foundation 24.1 version of OnBase Configuration Client  Execute upgrade of EP3 to version 24.1
 Install Foundation 24.1 version of OnBase Application Server  Install Foundation 24.1 version of OnBase Web Server
 Configuration for AppServer (AD Authentication settings)  Configuration for WebServer (AD Authentication settings)  Install Clients on Server
 Run Basic Test (import, retrieve, view)
 Install Foundation 24.1 Version of Unity Scheduler
 Install Foundation 24.1 version of OnBase Full Text Search  Install NEW Foundation 24.1 version of OnBase Full Text Search Catalogs  Install and Configure new Processing Services
 Install Foundation 24.1 Version of OnBase Diagnostics Service  Testing Assistance
 External AFKS updates/validation
 Configuration for OMM1 Media Services
 Configuration for OMA1 Servers for Agenda Management Service

4. Project Management
Notes & Assumptions
 Naviant will provide server-side upgrades and installs, and Customer will be responsible for all user/client/workstation upgrades, configuration changes, and/or installations as appropriate.  Updates to custom/legacy HTML Forms, Scripts, Custom Web Services, Complex 3rd party integrations and configuration not specifically identified in the upgrade SOW.  Upgrade to Brainware Solution and any other solution not outlined in the Services Included section.  Refresh of configuration or data to Test from Production is not included in this agreement.

2. Contract Management Enhancements
Planning Phase
Initial planning will be provided through a Planning Phase to validate requirements, identify design options and provide configuration blueprint recommendations. Additionally, the Planning Phase will validate software licensing and professional services required to deliver the Implementation Phase of the solution.  Review Current State Contract Management Workflow
 Validate the Future State solution design:
o Review Future State vision considering content and process management best practices. o Review configuration & design objectives
 Workflow Timers, Notifications, Tasks
 Autofill Keyword Set (Vendor Data)
 Revision & Version Control
 Reporting Dashboards
 Document Composition
 Future State solution design
 Validate Future State software requirements for the Implementation Phase based on Planning Phase activities.
 Prepare Planning Phase Report deliverable.

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City of Concord – Contract Management Enhancements 31 May 2024 Naviant, Inc. - Confidential 6 SOW Version 06.23
Implementation Phase
Based on preliminary assumptions, Naviant has identified the following high-level Future State objectives and preliminary pricing estimates for the Implementation Phase of this project which may include an applicable Change Order Authorization based on Planning Phase findings.  Configure (1) Contract Request Form
 Update existing workflow with notifications, timers and tasks  Configure (1) Custom Reporting Dashboard and enable Naviant Reporting Dashboards Bundle  Create (2) Document Composition Contract Templates
 Create (1) Autofill Keyword Set for Vendor Data
The following items are considered out of the scope of this project:
 All Implementation Phase Activities will be agreed upon by both customer and Naviant after the Planning Phase session concludes.
 If during the Planning Phase it is discovered that configuring an entirely new Contract Management Workflow is required, a Change Order will be required.
 Any additional licensing that may be required to implement this solution are not included in this SOW. At this time, Customer has identified existing quantifies of Client and capability licenses are sufficient, including but not limited to Content Management, Workflow Management, ABBBY capture, and DIP.

Project Deliverables
The following are project deliverables that are provided to the Customer during the phases outlined below:

Planning Phase
 Agenda for Kickoff Meeting
 Planning Phase Project Plan
 Planning Phase Report
Implementation Phase
 Agenda for Kickoff Meeting
 Implementation Phase Project Plan
 Functional Specifications
 Solution Demonstration
 Train-the-trainer materials & training
 Go-Live Plan
Change Orders
This SOW has been prepared in accordance with Naviant's understanding of Customer requirements and the “Project Scope” based on the information provided by Customer to Naviant at this time. Although Naviant makes reasonable attempts to provide accurate estimates, estimates may change as further details of the solution are identified and the final Solution Design is developed. In the event that additional products and/or services beyond those outlined in this SOW are required, a “Change Order Authorization” will be generated outlining the details, as well as time and cost estimates, of the modifications to this SOW. A Change Order Authorization must be authorized, approved, and executed by Naviant and Customer in order for the modifications to be incorporated into the SOW.

In order to ensure that assignments are carried out in a timely manner so as not to impact the project schedule, Customer is responsible for directing the work assigned to its staff and 3rd party service providers. In the event that the SOW project schedule is delayed or needs to be extended due to a failure of Customer’s staff and/or 3rd party service providers to complete assigned work in a timely manner, Naviant shall be entitled to an extension of time and/or cost impact as set forth in a Change Order Authorization.

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City of Concord – Contract Management Enhancements 31 May 2024 Naviant, Inc. - Confidential 7 SOW Version 06.23

PROJECT PRICING
Annual Maintenance
Description Part # / Notes Qty Unit Price Total
Software, Hardware and SLA
maintenance renewal
SW-MAINT 1 $82,019.56 $82,019.56
(see exhibit E for breakdown)
Total – Annual Recurring (Future years subject to Hyland’s annual price adjustment) $82,019.56 Software Subscription & Support
Description Part # / Notes Qty Unit Price Total
Full Page OCR FPIPW1_SUBS 1 $720 $720.00
Reporting Dashboards RHIPI1_SUBS 1 $4,800 $4,800.00
Software Support Level Agreement SLA 1 $938.40
Total – Annual Recurring (Future years subject to Hyland’s annual price adjustment) $6,458.40 Professional Services
Description Days Low Days High Total
OnBase Upgrade
OnBase Upgrade Fixed Fee $ 18,640
SLA Upgrade Discount (35 hours) Fixed Fee -$7,525
Subtotal ‐ Upgrade $11,115
Contract Management Enhancements
Planning Phase 5 7 $8,640 - $12,160
Implementation Phase 17 22 $29,440 - $38,080
Post-Production Monitoring & Assistance 2 2 $3,520 - $3,520 Subtotal - Contract Management Enhancements $41,600 - $53,760 Total – Professional Services $52,715 ‐ $64,875
Overall Total
Total of all above costs $164,467.96

1. For the Upgrade, professional services are incurred on a Fixed Fee basis and will use milestone billing. Related expenses (mileage, transportation, lodging, meals, etc.) will be billed on a monthly basis at the actual cost incurred. Professional services will be invoiced based on the following milestones:
a. 50% will be invoiced upon receipt of Customer-executed SOW, and if applicable Customer-required Purchase Order. b. 50% will be invoiced upon the earlier of 30 days after project Go-Live (move to production) or completion of the project deliverables.

2. For the Contract Management Enhancements, professional services will be billed on a monthly basis. Travel time will be billed to Customer at the rate of $110 per hour. Related expenses (mileage, transportation, lodging, meals, etc.) will be billed on a monthly basis at the actual cost incurred.

3. Software Subscription & Support will be invoiced upon receipt of Customer-executed SOW, and if applicable, Customerrequired Purchase Order, with payment terms consistent with the Master Terms & Agreement.

For existing Customers, Software Subscription & Support will be made coterminous with Customer’s established Subscription & Support expiration term. If the established annual Subscription term date is within 3 months, Customer will be billed 12 months, plus the number of months to the term date (“Coterminous Short Period”). If the established annual Subscription term expiration date is greater than 3 months away, Customer will be billed for the period between purchase date and the established term date (i.e. between 4 and 12 months). While Estimated Coterminous Subscription & Support pricing is quoted as full months, actual Customer invoicing may be prorated based on the actual number of days and months between the purchase date and established term date.

4. Please note, subtotals do not include applicable sales tax. If applicable, sales tax will be assessed during the course of the project and/or on the final invoice.

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City of Concord – Contract Management Enhancements 31 May 2024 Naviant, Inc. - Confidential 8 SOW Version 06.23

5. Customer agrees to abide by the provisions set forth in the Software Support Level Agreement (SLA Provisions). These provisions are available at www.naviant.com/customer-support

SIGNATURE PAGE

CUSTOMER NAME
City of Concord

PROJECT CONTACT
Joelle Fockler
BILLING ADDRESS (only required for New Customers)

SHIPPING ADDRESS

ATTENTION

SPECIAL INSTRUCTIONS

PURCHASE ORDER (PO) REQUIREMENT
Is a PO Required by Customer? ☒ Yes ☐ No Purchase Order # This Agreement is entered into pursuant to and incorporates the foregoing, including Appendices, Exhibits and Schedules, if any, and the Master Terms & Conditions (“Terms”) dated 12/5/2022. This Agreement represents the final description and scope of the Agreement between the parties. Any previous drafts of this Agreement or previous documents used to evaluate this project are not part of this Agreement. Naviant will not be obligated to accept any agreement which has not been signed and returned by Customer to Naviant within thirty (30) days from the date on this Agreement.

This Agreement has been prepared in accordance with Naviant's understanding of Customer requirements based on the information provided by Customer to Naviant. Therefore, it is understood and agreed that any additional hardware, software, professional services, and maintenance requests above and beyond the original scope of this Agreement will be billed in addition to those listed in this Agreement.

If a PO is required, the PO number must be inserted above upon Customer’s execution of this Agreement. Any terms and conditions appearing in any PO shall have no effect unless agreed to in writing by both parties hereof.

Upon signed acceptance, please return the entire document to “Attention: Naviant Sales Support” via email or fax at [email protected] or 608‐848‐0901. Acceptance creates a binding contract.

CUSTOMER NAVIANT, INC.

NAME: NAME:

TITLE: TITLE:

SIGNATURE: SIGNATURE:

DATE: DATE:

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APPENDIX A – NAVIANT PROJECT METHODOLOGY
Naviant Methodology Overview
The Naviant Methodology consists of two phases, the Planning Phase and the Implementation Phase. It is designed to ensure timely and effective delivery of Content Services solutions that meet our Customer’s requirements and are aligned with their strategy, vision, and objectives.

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Planning Phase
The Planning Phase (sometimes referred to as “Discovery”) is generally a relatively short engagement consisting of four (4) primary steps designed to gain a high-level understanding of the project objectives, requirements, and costs. This information is documented in a Planning Phase Report deliverable to present a common vision of the final project to all stakeholders and also serves both as a financial decision point as well as the primary input into the Implementation Phase.

Overall Planning Phase Responsibilities
Naviant
 Identify Naviant Planning Phase Team and commit resources.  Work with the Customer Project Manager to develop the Planning Phase Project Plan.  Prepare the Planning-Phase Onsite Agenda and deliver to Customer in advance of the Kickoff Meeting.

Customer
 Identify the Project Sponsor - The Project Sponsor is the individual that has ultimate authority over the project, is involved in the project, and is the final escalation point for all issues, scope changes, and decisions. The Project Sponsor also provides project funding, approves major deliverables, and provides high-level direction. This person will champion the project with internal and external stakeholders and ensure that the appropriate personnel are made available to execute the project successfully.  Identify the Project Lead ‐ The Project Lead is the individual that is responsible for project management activities including:
o Working with Naviant’s Project Manager to develop the Planning Phase Project Plan. o Coordinating project activities with the Naviant Project Manager and/or the Lead Naviant Consultant.
o Ensuring Customer resource availability.
o Tracking of Customer-assigned tasks.
o Managing of Customer communication and status reporting. o Coordinate logistics for Naviant and other non-Customer team members (meeting rooms, remote access, etc.).
o Create all Customer required documentation and ensure timely internal signoffs. o Commit and confirm that Project Team resources (Project Sponsor, Project Lead, Subject Matter Experts (SMEs), IT resources) will be available as needed for project sessions and activities.  Secure meeting rooms for all onsite Planning Phase activities. Meeting rooms should be large enough for all onsite attendees and include the following:
o Available telecommunications equipment as needed for remote attendees. o A projector or television monitor.
o A whiteboard that may be used in addition to any projection equipment.

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Initiation
Pre-Engagement Questionnaire
Prior to the Project Kickoff Meeting, Naviant may provide Customer with a Pre-Engagement Questionnaire. This questionnaire may be used to establish an understanding of the current work environment prior to onsite sessions and may include the following areas of focus:
 Processes & Procedures
 Business Challenges & Risks
 Key Process Measures & Metrics
 Relevant Organizational Charts
 User Population & Distribution
 IT Infrastructure
 Test Environment Requirements
 Other, TBD
Note: The Pre‐Engagement Questionnaire is only used for certain projects. The Naviant Project Manager will advise if a questionnaire is required.

Pre-Engagement Questionnaire Responsibilities (if utilized) Naviant
 Prepare and provide the questionnaire to the Customer.  Review completed questionnaire in advance of the Kickoff Meeting.

Customer
 Assign responsibility, complete the questionnaire, and return to Naviant prior to the Kickoff Meeting.

Planning Phase Kickoff Meeting
A formal Planning Phase Kickoff Meeting will be held and usually takes anywhere between thirty (30) minutes to two (2) hours, depending on the project complexity. The topics for the meeting may vary but typically include the following:
 Project Team Member Introductions & Roles
 Review of the Statement of Work
 Confirmation of Project Objectives & Timelines
 Communication Planning
 Planning Phase Logistics
Planning Phase Kickoff Meeting Responsibilities
Naviant
 Ensure that relevant Naviant team members attend the Kickoff Meeting.  Facilitate the meeting.

Customer
 Ensure that the Project Sponsor, Project Lead, and all other relevant Customer Project Team Members attend the Kickoff Meeting.

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Current State Review
In order to design a Future State solution based on each Customer’s needs and objectives, it is necessary to gain a thorough understanding of the Current State environment. This is accomplished through a series of working sessions with various Subject Matter Experts (SMEs) including process owners and knowledge workers. Various techniques may be utilized to gather information including verbal descriptions, Customer-generated documentation, and/or live walk-throughs. Information on Current State systems’ architecture/infrastructure will also be collected in this step, as appropriate.

Current State Review Responsibilities
Naviant
 Review any Current State process documentation prepared and/or submitted by Customer in advance of the onsite activities.
 Facilitate the Current State Review session(s).
 Capture relevant Current State details for inclusion in the Planning Phase Report.  Capture thoughts and ideas for consideration in the Future State Solution Roadmap Customer
 Provide relevant Current State process documentation.  Assign appropriate SMEs to attend and present relevant Current State information.  Be prepared to discuss any business challenges and opportunities for consideration in the Future State Solution Roadmap.

Future State Solution Roadmap
Future State Solution Roadmap is accomplished through Naviant-facilitated Joint Application Design (JAD) sessions with relevant project team participants including the Project Sponsor, Project Lead, Subject Matter Experts, Process Managers, IT Resources, and/or other resources as appropriate.

The primary objectives of this step include:
 Providing the Customer with an overview and understanding of the technology platforms that may be included as part of the solution.
 Identifying process automation opportunities and documenting the solution scope.  Defining a list of Use Cases (both Primary and Alternate) to be included in the solution scope.  Discussing and capturing sufficient requirements detail to estimate the Implementation Phase work effort as accurately as possible. Note: A detailed solution design may be deferred until the Implementation Phase.

Future State Solution Roadmap Responsibilities
Naviant
 Facilitate the Future State Solution Roadmap session(s).  Provide technology overviews and/or demos, as appropriate.

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 Capture identified Future State Use Cases, Requirements, Risks, Action Items, and other notes during the session(s).

Customer
 Ensure appropriate Customer resources are available to participate in the session(s) with minimal interruptions.
 Ensure Customer attendees individually or collectively have Future State decision making authority.  Provide any additional information/documentation as requested/required for Future State needs.

Planning Phase Report
The final step of the Planning Phase is the creation, delivery, review, and finalization of the Planning Phase Report.

A draft of the report will be delivered to the Customer in PDF format. After an appropriate review period, a review meeting will be conducted (normally via remote web conference) to review any Customer feedback and/or questions. Naviant will then update the report with any required changes and deliver a final copy of the Planning Phase Report to the Customer.

While the content may vary based on the project scope and requirements, a typical Planning Phase Report may include the following:
 An overview of the project, scope, and Planning Phase participants.  A summary of the Current State information relevant to the Future State solution.  A high-level Future State Solution Roadmap containing the defined Use Cases as well as any requirements gathered during the Planning Phase.
 A list of the software/modules required for the Future State solution.  Estimated project pricing including professional services and any required software and/or hardware.  A Work Breakdown Structure (WBS) identifying the tasks required to successfully implement the project (as applicable)
Planning Phase Report Responsibilities
Naviant
 Create and deliver to Customer a draft copy of the Planning Phase Report.  Work with Customer to schedule the Planning Phase Report Review Meeting.  Facilitate the Planning Phase Report Review Meeting.
 Update the Planning Phase Report as appropriate based on the outcomes of the Planning Phase Report Review Meeting.
 Deliver a final copy of the Planning Phase Report.

Customer
 Work with Naviant to schedule the Planning Phase Report Review Meeting.  Review the draft copy of the Planning Phase Report and be prepared to discuss any questions/feedback in the Planning Phase Report Review Meeting.
 Sign-off on the Planning Phase Report.

Delivery of the final copy of the Planning Phase Report by Naviant to the Customer marks the formal end of the Planning Phase.

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Implementation Phase
The Implementation Phase consists of seven (7) primary steps with multiple Iterations of design, configuration, and feedback (steps I2 through I4). This iterative model provides the stakeholders an understanding of the project deliverables and gives them an opportunity to provide feedback and request changes prior to User Acceptance Testing.

Overall Implementation Phase Responsibilities
Naviant
 Assign the Naviant Project Manager serving as the primary Customer contact with responsibilities:
o Overall project management and execution.
o Managing project budget, tasks, issues, and risks.
o Coordinating meetings and status reports with Customer Project Lead. o Managing Naviant resources and schedules.
 Identify Naviant Implementation Phase Team and commit resources.  Work with Customer Project Manager to develop the Implementation Phase Project Plan.  Prepare the agenda(s) and deliver to Customer in advance of the Meetings.

Customer
 Identify the Project Sponsor - The Project Sponsor is the individual that has ultimate authority over the project, is involved in the project, and is the final escalation point for all issues, scope changes, and decisions. The Project Sponsor also provides project funding, approves major deliverables, and provides high-level direction. This person will champion the project with internal and external stakeholders and ensure that the appropriate personnel are made available to execute the project successfully.  Identify the Project Lead - The Project Lead is the individual that is responsible for project management activities including:
o Working with Naviant Project Manager to develop Implementation Phase Project Plan. o Coordinating project activities with the Naviant Project Manager and/or the Lead Naviant Consultant.
o Ensuring Customer resource availability.
o Tracking of Customer-assigned tasks.
o Managing Customer communication and status reporting. o Coordinate logistics for Naviant and other non-Customer team members (meeting rooms, remote access, etc.).
o Create all Customer required documentation and ensure timely internal signoffs. o Commit and confirm that Project Team resources (Project Sponsor, Project Lead, Subject Matter Experts (SMEs), IT resources) will be available as needed for project sessions and activities.

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 Identify the Project Champion - The Project Champion is an advocate for the project that has direct lines of communication to the Project Sponsor and/or key stakeholders. This position provides oversight on the project by removing blockers and ensuring the Customer is in a position to take overall ownership of the solution. This resource would know the decisions made during the JAD sessions, and stays engaged during the entire project.
 Identify the Integration Lead - As needed, projects with multiple integrations benefit from a dedicated coordinator who manages development, unit testing and support during the project lifecycle.  As part of the planning and initiative, review the Naviant Roles and Responsibility Matrix and identify additional lead roles as appropriate.
o Testing Lead
o Training Lead
o Infrastructure Lead (network and workstation)
 Verify compliance with minimum server specifications for Development/Test Environments (if required) and Production Environment
 Secure meeting rooms for all onsite Implementation Phase activities. Meeting rooms should be large enough for all onsite attendees and include the following:
o Available telecommunications equipment as needed for remote attendees. o A projector or television monitor.
o A whiteboard that may be used in addition to any projection equipment.

Initiation
Implementation Phase Kickoff Meeting
A formal Implementation Phase Kickoff Meeting will be held and usually takes anywhere between thirty (30) minutes to two (2) hours, depending on the project complexity. The topics for the meeting may vary but typically include the following:
 Project Team Member Introductions & Roles
 Review of the Statement of Work
 Review of the Planning Phase Report, as appropriate
 Confirmation of Project Objectives & Timelines
 Communication Planning
 Implementation Phase Logistics
Implementation Phase Kickoff Meeting Responsibilities
Naviant
 Ensure relevant Naviant team members attend the Kickoff Meeting.  Facilitate the meeting.

Customer
 Ensure the Project Sponsor, Project Lead, and all other relevant Customer Project Team Members attend the Kickoff Meeting.

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Future State Solution Design
Future State Solution Design is accomplished through Naviant-facilitated Joint Application Design (JAD) sessions with relevant project team participants including the Project Sponsor, Project Lead, Subject Matter Experts, Process Managers, IT Resources, and/or other resources as appropriate. This typically occurs onsite at the Customer location.

Similar to the JAD session(s) held in the Planning Phase, the Implementation Phase JAD sessions will focus on defining and documenting all remaining use case and requirements detail.

Primary Objectives

1. Finalizing the complete list of Use Cases (both Primary and Alternate) included in the solution scope for the current Iteration.

2. Finalizing and capturing all detailed and necessary requirements included in the solution scope for the current Iteration.

3. Creating and/or updating the Functional Specifications.

Future State Solution Design Responsibilities
Naviant
 Facilitate the Future State Solution Design session(s).  Capture identified Future State Use Cases, Requirements, Risks, Action Items, and other notes during the session(s).
 Create and/or update the Functional Specifications.

Customer
 Ensure appropriate Customer resources are available to participate in the session(s) with minimal interruptions.
 Ensure that Customer attendees individually or collectively have Future State decision making authority.  Provide any additional information/documentation as requested/required for Future State needs.

Configuration & Unit Testing
In this step, the Functional Specifications are used as input to architect and complete the technical design of the solution, as well as complete any configuration, development, and unit testing within scope for the current Iteration. Activities in this step are typically completed remote; however, resources may need to be onsite at Naviant’s discretion.

Configuration & Unit Testing Responsibilities
Naviant
 Architect and complete the technical design of the solution based on the Functional Specifications.  Configure, develop, and unit test solution components in scope for the current Iteration.

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Customer
 Verify that basic equipment needs for deployment into Customer’s environment (development, test, and production) have been provided to Naviant (database server, file server with ample storage, web server if applicable, security, network’s ability to handle incoming traffic, Customer machines, etc.).  Ensure that Naviant has remote access to the Customer development, test, and production environments, as appropriate.
 Ensure that SMEs are available to answer questions in a timely manner.  Conduct, coordinate, and unit test any additional development efforts not being conducted by Naviant.

This may include Integrations.

Demo, Feedback & Training
Upon the completion of each Iteration (steps I2 through I4), Naviant will facilitate a demonstration of the solution components configured in the current Iteration. This session is critical to ensuring that stakeholders have a thorough understanding of the solution as well as an opportunity to provide feedback and request changes prior to User Acceptance Testing.

Naviant utilizes a train-the-trainer methodology to facilitate end user training. Once the Customer has identified the lead trainer and lead testers that will participate in the training session, Naviant will align expectations regarding the training materials and the audience for the train-the-trainer sessions. Prior to the scheduled training sessions, Naviant will provide training documentation for common functionality in addition to documentation created specifically for the Customer. Naviant will then lead a training session with the customer’s pre-identified team. This session will provide the Customer with hands on experience working through specific use cases and the opportunity to leverage training materials and ask questions. The training documentation can then be adapted and used by the Customer to train their end-users.

Prior to the training, an environment strategy should be finalized. Typically, multiple OnBase environments are utilized prior to production to allow for testing and training activities.

Demo, Feedback & Training Responsibilities
Naviant
 Prepare the demonstration script.
 Prepare the non-production environment for the demonstration.  Facilitate the demonstration and Feedback Session.
 Capture any outcomes and update the Functional Specifications as appropriate.  Prepare training materials for Customer lead trainers and testers.  Conduct train-the-trainer session for Customer lead trainers and testers to Kickoff testing.

Customer
 Ensure that all appropriate Customer resources attend and participate in the demonstration and Feedback Session.
 Complete any follow-ups and/or action items that come out of the session in a timely manner.  Define participants (Customer lead trainers and testers) for Naviant-led train-the-trainer sessions.  Customer will be responsible for end-user training after User Acceptance Testing (Step I5).  Customer will be responsible for the review, update, and distribution of training documentation.

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User Acceptance Testing
User Acceptance Testing (UAT) is the responsibility of the Customer. During UAT, the Customer will fully test the system using defined Test Scripts with the objective of accepting the solution as ready for production implementation. Naviant and Customer will work together to facilitate testing and address any open issues.

Customer Training for end-users will take place towards the end of this phase. The Customer is responsible for delivering end-user training to their staff. The Customer is also responsible for updating and distributing training documentation provided by Naviant during the Demo, Feedback & Training (Step I4) for actual use within their environment during training.

User Acceptance Testing Responsibilities
Naviant
 Work with Customer to establish a Test Plan.
 Work with Customer to establish Issue Management Plan including:
o Method of tracking and reporting on issues
o Establish agreed upon timeline and method to track progress for Customer questions and issues  Resolve issues identified as needing resolution prior to production implementation.

Customer
 Assign test team members.
 Develop a Test Plan to ensure proper end-to-end testing of the solution.  Work with Naviant to:
o Determine method of tracking and reporting on issues. o Establish agree upon timeline and method to track progress.  Complete Quality Assurance and User Acceptance Testing (UAT) activities in a timely fashion and within the agreed-to timeline as indicated in the Project Plan.  Report and document any issues found during testing.
 Work with Naviant to review issues and determine resolution.  Provide solution acceptance (sign-off) indicating readiness for production.  Customer will be responsible for end-user training prior to starting Production Implementation & GoLive.  Customer will be responsible for review, update, and distribution of training documentation from Demo, Feedback & Training.
 Customer will be responsible for reviewing Appendix B Training Resources for additional training opportunities.

Note: Issues are an inevitable part of implementing any solution, and typically, not all issues must be resolved before solution acceptance. Naviant and Customer will work together to review, categorize, and prioritize all issues to determine those that must be fixed before production vs. those that can be resolved in the future.

Production Implementation & Go-Live
Production Implementation encompasses the activities to deploy the solution and make it production-ready

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before Go-Live. Activities in this step include defining and executing a production migration plan, ensuring desktop software is deployed on end-user workstations, and basic testing in the production environment to confirm that the migration was successful, and that the solution is fully functional.

Production Implementation Responsibilities
Naviant
 Work with Customer to create and review the Go-Live Plan.  Migrate the solution from the previous environment into production.  Work with Customer to validate production environment functionality.

Customer
 Work with Naviant to create and approve the Go-Live Plan.  Ensure desktop software is deployed to all end-user workstations.  Work with Naviant to validate production environment functionality.  Coordinate the migration of any development not delivered by Naviant.

Production Go-Live
Production Go-Live is the point during which the solution is first utilized in a production capacity. The Naviant Project Team will provide a period of Go-Live Support during this phase. Naviant Go-Live Support is the stabilization period right before and immediately after project Go-Live which focuses on customer support, best practices, and system availability. The Naviant project team will provide technical and process support to the Customer’s Go-Live project team. The team will leverage Business Process Management (BPM) and technical knowledge and experience from the Naviant deployment and support teams to answer all questions and resolve all issues in a timely and effective manner. Go-Live Support will aid the Customer’s project team in technical issue resolution and system use.

The Implementation Plan will specify the timing of Go-Live activities, and how Go-Live is executed. Naviant and the Customer will work together to determine the best method for Go-Live, including the following considerations:
 Stages/phases of rollout (i.e. whether the entire solution Go-Live at one time, or implemented over time by process, user group, etc.)
 How in-process work/transactions will be managed (i.e. converted into the new solution or completed via the old process/solution.)
Production Go-Live Responsibilities
Naviant
 Naviant provide Go-Live support.

Customer
 Ensure that personnel are trained and ready to use the new solution.  Execute any procedures to manage work-in-process (if Customer-responsibility).

PPMA, Closure & Support
Post Production Maintenance Assistance (“PPMA”) affords dedicated project hours that may be utilized to provide process enhancement and design changes that are requested by the Customer after Go-Live. Naviant will provide process, development and technical support to the Customer’s project team. The overall objective of PPMA is to

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work with each Customer, onsite or remote as applicable, to provide an opportunity for continuous process improvement and to ensure that the solution will be utilized efficiently.

PPMA Responsibilities
Naviant
 Assign Project Team resources to work with Customer on any enhancements and design changes needed for effective use of the solution.

Customer
 Execute/utilize the full scope of the solution as timely as possible/appropriate.  Provide feedback on the solution to Naviant, including aspects that may need enhancement during the PPMA period.

Closure & Support
Once the production environment is fully functional and stabilized, closure activities will occur, including the transition of the solution from the Project Team to the Naviant Support Team.

The Support Phase begins with a Support Kickoff Meeting facilitated by Naviant’s Customer Success Team (CST) to review how Customer would engage Naviant for support-related issues. CST will review the different methods for contacting CST, support programs, review authorized support contacts approved by Customer, share issue tracking methodology, training, and learning opportunities.

Software Support Level Agreement (SLA)
Naviant’s experienced support team maintains a dedicated help desk to provide the first line of support for all Content Service solution implementations. Naviant Customers are provided with a toll-free number to use when calling in for support and will be connected directly with the help desk technician and the call will be logged into the Naviant support service system. By utilizing this streamlined approach to support, each issue will be responded to and tracked in a timely and efficient way to minimize disruption to both system operation and work processes. Naviant is an industry leader in solutions support and is recognized by Hyland Software as a “Diamond Level Support” provider with a 95%+ customer retention rate for annual support renewals. The SLA provisions are available at www.naviant.com/customer-support.

Closure & Support Responsibilities
Naviant
 Project Team conduct a handoff meeting with the Support Team to review the overall solution and ensure support readiness.
 Accept the solution into support according to the Customer’s SLA. Please reference Appendix C Naviant Support.
 Conduct the Support Kickoff Meeting.

Customer
 Provide final sign-off and solution acceptance, indicating readiness for the transition to support.  Define and provide list of staff authorized to contact Naviant CST for support (Authorized Support Contacts).
 Participate in the Support Kickoff Meeting.

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APPENDIX B – TRAINING RESOURCES
Naviant is committed to providing your team updates, information, and training in your Content Services solution.

In addition to the training provided by the Naviant Implementation Phase team, Naviant recommends Customers to leverage the following additional Training Resources to promote self-sufficiency and encourage continued business and technical advancement. Customers will also receive a Naviant Welcome Guide which highlights the training opportunities provided by Naviant and Hyland Software.

Naviant Trainers
In addition to the train-the-trainer methodology outlined in “Demo, Feedback & Training”, Naviant offers enhanced implementation and configuration-specific training and testing support to help Customers kickstart the training and testing process for additional fees.

Hyland System Administrator Training
One element critical to the success of any solution is the users’ ability to effectively and efficiently work in the software on a daily basis. Hyland offers a wide array of Training courses designed to introduce end users to the basic features and technical resources to support the advanced functionality of a solution. Naviant recommends that at least one individual participate in the Hyland System Administration training class (typically $3,000 per attendee) prior to the system being installed or within six months of installation. The course is designed to introduce new and existing system administrators to the use, maintenance, and administration of Hyland software and provide in-depth, hands-on experience using actual business scenarios. The class also investigates technical support process, effective maintenance strategies, online documentation, and other resources available to Hyland system administrators.

Hyland CommunityLIVE Conference
Hyland's CommunityLIVE Conference (typically $3,000 per attendee for 5 days) will stretch your imagination to the limits as Hyland experts and users from around the globe demonstrate how to achieve more with your current system and how you can be the technology leader in your industry with the latest and greatest Hyland upgrades and enhancements. Innovation, collaboration, and learning opportunities abound within Hyland’s platform portfolio including OnBase, Brainware, ShareBase, Enterprise Search, Medical Imaging, and more! CommunityLIVE offers the following benefits:
 Industry expert led discussions focused on best practices & areas of concern  200+ educational sessions & training courses offered
 Over 2,500 attendees to share best practices
 Compelling keynote speakers & networking events
Naviant Summit
Naviant Customers are eligible for complimentary attendance at Naviant’s annual Summit (educational user conference). Naviant's nationally recognized Summit brings together customers, end-users, vendor partners, invited prospects, and Naviant resources to discuss industry trends, learn about new solution offerings, and recognize how to best leverage current investments in content management technologies. The annual Summit focuses on critical business issues, case studies, and solution/industry-focused educational sessions designed to bring increased value to your organization by improving the effectiveness and efficiency of your operations.

Hyland Community
As a Naviant Customer, the Hyland Community site (community.hyland.com) provides access to the global network of other customers, partners, and employees to share points of view, ask questions of subject matter experts, and research business and technical best practices. Resources include detailed product information,

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industry solutions & special interests, technical & administration content, user interest groups & member events, and more!
Hyland Online Training
As a Naviant Customer, the Hyland Training site (training.hyland.com) provides access to Hyland’s Classroom and Online Training Schedules, plus an extensive collection of the industries-best training topics for end-users to explore including:
 New Courses – Latest & greatest training courses
 OnBase End Users – Learn the basics of OnBase customers  Workflow – Workflow courses for new users & experts
 Brainware – Install & create Brainware projects
 Healthcare – Courses for healthcare solutions
 System Administration – Courses for new & existing system administrators  WorkView – Case management courses for new users & experts  Tech Support – Learn techniques for troubleshooting
 Forms – Design, create & manage forms
 Development – Courses for IS & API developers
 Installation – Design & implement Hyland solutions
 Premium Subscription – Optional fee-based online premium subscription to 200+ hours of technical training for your entire team including end users, support, new employees, and experts

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APPENDIX C – NAVIANT SUPPORT
Support Level Agreement
Support Overview
Naviant’s Customer Success Team (CST) provides our customers with a structured Support Level Agreement (SLA) to meet our customers’ system and business needs. These provisions are available at www.naviant.com/customer-support.

During normal business hours, Naviant’s response time protocol is not to exceed three business hours for either a callback phone support, remote access or onsite support to resolve the issue; however, Naviant’s standard response time objective is to respond to customer support inquiries within one hour.

Support Hours
Standard Business Hours: 7:00 AM – 7:00 PM CT Monday through Friday Weekly Evening Hours: 7:00 PM – 7:00 AM CT Monday Evening through Friday Morning Weekend Hours: 7:00 PM – 7:00 AM CT Friday Evening through Monday Morning

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APPENDIX D – OBLIGATIONS & KEY ASSUMPTIONS
The following are key assumptions that impact the success of the solution, and are applicable for all Project Areas within this proposal:

1. Naviant’s project implementation methodology will be executed by the project resources.

2. Services will be provided both onsite at one (1) End User location and remotely from Naviant offices.

3. To maintain anticipated timeframes, Customer will review deliverables in accordance to the agreed upon plan.

Failure to respond where needed within the designated timelines may result in project delays, loss of resources, and the execution of a Change Order Authorization.

4. Naviant and Customer will review remaining work effort throughout the project. If at any time the number of hours required to complete a project phase exceeds the number of hours estimated by the project teams for that phase, then Naviant will execute a Change Order Authorization.

5. Customer will provide appropriate access to facilities and office space for all onsite or remote work. This includes, but is not limited to, work desks, networked computers, team meeting rooms, conference phones, whiteboards, the internet and VPN connection as dictated by Customer’s reasonable security measures.

6. Customer will provide Subject Matter Experts (SMEs) who are thoroughly knowledgeable about the current business practices in their respective areas and who are capable of performing their assigned project roles.

7. Customer will make commercially reasonable efforts to maintain consistent project resources throughout the project.

8. Each deliverable created will use Naviant’s standard deliverable templates. Customer requested changes to the deliverable template may increase project costs or introduce timeline delays.

9. Customer will include third-party vendors or subject matter/technical experts as required.

10. Customer will assign a Project Sponsor, who will be actively involved in the project and is the final escalation point for all issues and decisions. The project sponsor will also ensure that the appropriate personnel are made available to execute the project successfully.

11. Each project is intended to be implemented in a specified timeframe. Scheduling delays that impact the project timeline will result in changes to project cost.

12. While onsite, the Naviant personnel will work during normal operating hours generally between 8:00 AM and 5:00 PM, Monday through Friday in the Customer’s local time zone. When providing remote services, Naviant and Customer will discuss generally acceptable working hours and take into consideration time zone differences. Issues deemed as non-critical will only be addressed during normal business hours.

13. The installation of this solution may require assistance from the Customer’s IT staff to obtain access to the servers and network devices the solution may reside on; and thus, it is required that the Customer schedule their IT resource and customer personnel assigned to this project to be available within 30 minutes of Naviant being onsite for installation. If Naviant personnel need to wait for longer than 30 minutes for an IT resource to be available for assistance with the installation, the Customer will be charged in ¼ hour increments at the prevailing rate for the time lost. Customer will be responsible for additional equipment cabling, except as specifically set forth to be provided by Naviant. In the event Customer will be required to provide specific additional equipment prior to installation, it is the responsibility of Customer to provide the necessary versions of network OS, server software, database, hardware, browsers, and desktop OS to work with the proposed solutions prior to the scheduled Project milestone or task requiring additional equipment, or costs may be incurred by the Customer. Customer will be responsible for the actual results with hardware operations (including among other aspects, network, server or scanner speeds; personnel requirements; and costs) and results may vary from those indicated due to overall network environment, volume estimates, personnel and other factors.

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201 Prairie Heights Drive
Verona, WI 53593-2209
888-686-4624
Voice: 888-686-4624
Fax: 608-848-0901
www.naviant.com
SOFTWARE & HARDWARE SUPPORT MAINTENANCE AGREEMENT RENEWAL ("RENEWAL") 05/22/2024
City of Concord
Damaris Sambajon
1950 Parkside Drive
Concord, CA 94519
Prior Contract #: 00004522
Customer #: COFC
HSI Number: 18359
Version: 17.0.0 (Build #: 57)
Naviant, Inc. ("Naviant") provides support and maintenance for software and hardware via Manufacturer Maintenance ("Vendor Maintenance"), Software Support Level Agreements ("SLA's"), and Hardware Preventive Maintenance Agreements ("PMA's"). This Renewal covers the following support and maintenance elements for your current system configuration. The Customer agrees to abide by the provisions set forth in the SLA Provisions, PMA Provisions, as well as Vendor Maintenance. These provisions are available at the URLs below. This Renewal covers the period . from 07/01/2024 through 06/30/2025 General Provisions SLA Provisions PMA Provisions
Vendor Maintenance
License Product Description Qty Price
SW-MAINT OnBase Local Government Licensing
per Hyland Community
1 USD 23,209.80
SW-MAINT OnBase Licensing per Hyland
Community
1 USD 17,606.44
SW-MAINT Agenda Media 1 USD 14,735.90
SW-MAINT Hyland Extended Support Fee 1 USD 13,218.88
SW-Other Hyland will charge a 10% late fee
applied to your total OnBase
Maintenance and Extended Support
amount if maintenance is paid after
6/30/2024.
1 USD 0.00
SW-MAINT Waiver on Extended Support fee with
upgrading to current version of OnBase.

Upgrade must be completed into
production by 03/31/2025 to not be
charged fee for the 2024 contract year.
1 USD (13,218.88)
Vendor Maintenance Total: USD 55,552.14
Software Support Level (SLA)
SW-Support Level Agreement SLA1 USD 19,814.42
Hardware Preventive Maintenance (PMA)
Product Description Serial No. PMs Price
Nexsan Assureon A23255735 USD 6,653.00
Hardware Preventive Maintenance Total: USD 6,653.00

EXHIBIT E

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Grand Total: USD 82,019.56
A copy of your renewal invoice referencing the contract number above will be sent directly to your accounts payable department for payment. All correspondence regarding your Renewal should be directed to [email protected] or via fax at 608-848-0901. Should you have any questions regarding this renewal, please do not hesitate to contact Naviant at 888-686-4624.

Hardware Address Review
Please take a minute to review the hardware locations identified below and notify us of any changes so we may better serve you.

Nexsan Assureon A23255735 1950 Parkside Drive
Concord, CA 94519

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MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

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

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

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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
Prepared by: Bernard Enrile, PE, CIP Manager
[email protected]
(925) 671-3031
Subject: Considering the following for the Cowell Road Pavement Repair (Project No. 2604) located on Cowell Road from Babel Lane to Ygnacio Valley Road:

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

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

3. Approval of a related budget transfer and appropriation of $406,000 (Measure J Fund 475) from Pavement Holding
Account (Project No. 2157) to Cowell Road Pavement
Maintenance (Project No. 2604).

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.

4.f

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Concord City CouncilJune 25, 2024

Concord City Council
June 25, 2024