Cities Index.
Agenda packet

Concord City Council
April 22, 2025

Document
Agenda packet
Meeting
April 22, 2025
Body
Concord City Council
Pages
149
Original file
37.4 MB
Text extracted from the city's file for reading and search. Open the original on stream2.ci.concord.ca.us. That file is the official record.

Submit Date: Dec 26, 2024
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
2 Number of years in Concord:
2 Number of years in the county:
13 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Bicycle and Pedestrian Advisory Committee: Submitted
Jency James
County of Alameda
Sustainability Project
Manager
Sustainability Project
Manager
Jency James

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Question applies to multiple boards
If you are applying for more than one board, commission or committee please list your selections in priority order below. This will help the interviewing Council Committee know your preference when interviewing.

Bike, Pedestrian and Safe Routes Committee Contra Costa County Library Commission Concord Pavilion Community Outreach Committee Contra Costa County Iron Horse Corridor (Ihc) Management Program Advisory Committee
Question applies to multiple boards
Are you available for evening meetings?
Yes No
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Interests and Experience
Question applies to multiple boards
Please state your reason for applying, including qualifications for this position:

I have more than 11 years of experience in local government policy and hold a degree in Environmental Studies from Saint Mary’s College of California. Local government policy is my primary focus and passion and I have attended hundreds of local government meetings since becoming a Contra Costa County resident in 2011. I strongly believe the most meaningful and impactful work happens at the local level. As a participant in the spring 2023 session of the Concord Community Academy, I had the opportunity to be involved in a mock Planning Commission exercise where I played the role of a Planning Commissioner evaluating a developer's proposal to build a theme park at Sun Valley Mall. While this was a mock exercise and proposal, the experience provided me with a sense of the decisions and considerations a Planning Commissioner must make to ensure sustainable growth and development in Concord. It highlighted my skills as a critical thinker, effective communicator, and project manager. These are essential skills for a commissioner to have while serving on Concord's many commissions, committees and advisory boards. As someone with a journalism background, I know how to take complex information and distill it into an easily understandable manner. In my current role at Alameda County's Office of Sustainability, I routinely lead projects among stakeholders with varying interests. This has made me adept at listening to different perspectives, facilitating constructive discussions, and finding common ground amongst a diverse set of stakeholders. I work well under pressure, can handle complex information, and can understand maps and technical presentations as part of any application process. Through my role at Alameda County, I have developed strong analytical and problem-solving skills, which are crucial for effective decision-making as a commissioner serving the City of Concord. I understand the General Plan and a commissioner's role as advisors to the City Council. Through my relevant experience and skills, I can add value to the processes of the City Council and Staff.

Jency James

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Question applies to multiple boards
Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment:

As noted above, I have more than 11 years of experience in local government policy. A key experience were the six years I spent as part of the Contra Costa County Climate Leaders, an environmental non-profit that assisted cities in the county on best practices for climate action planning and greenhouse gas emission reductions. In my roles as a Senior Consultant and later Director, I regularly attended and spoke at Mayors Conferences and city council meetings throughout the county so I am familiar with the structure of local government, roles and responsibilities, and public meetings. Throughout my time with the Climate Leaders, I organized 11 workshops for city staff and elected officials on a number of climate action planning topics. As a Sustainability Project Manager at Alameda County, I helped oversee the development of the Alameda County Climate Action Plan for Government Services and Operations over three years. I led the creation of the Sustainable Materials Management section (one of 6 action areas) and coordinated with 30 different County stakeholders on 25 initiatives in the Plan which involved diligent research, persistent stakeholder engagement, and thoughtful facilitation. While sustainability is often seen to be in stark opposition to development, I do not feel this way. As a Bay Area resident for the past 12 years, I am familiar with the housing crisis the region and our own city are experiencing. I understand the importance of allowing growth to meet upcoming housing needs and the intersections between sustainable development, job creation, and quality of life. The Naval Weapons Station is an example of how these different principles can be joined together with its plans to locate housing and retail near transit, to provide recreation opportunities, and to bring jobs to this area of the far East Bay. In addition to my education, on the ground training, my non-profit experience, and participation in the Concord Community Academy, I am also a graduate of Leadership Contra Costa and graduated from the inaugural class of the Central San Academy. These experiences fostered a commitment to help solve the unique challenges of our local community and a passion to apply my skills by getting involved with local government. If given the opportunity to serve on a Concord commission, committee, or board, I will diligently review project proposals, consider their impacts on our community, and make informed decisions that align with the long-term vision of Concord. I am dedicated to promoting housing and meeting upcoming housing needs through responsible growth, preserving our city's unique character, and ensuring a high quality of life for current and future residents. Thank you for considering my application.

Question applies to Concord Pavilion Community Outreach Committee Why do you believe the Council should appoint you to the Concord Pavilion Community Outreach Committee?
I am an avid lover of live music and have attended over 60 concerts at many venues throughout the Bay Area and Sacramento, including several at the Concord Pavilion. As part of the Outreach Committee, I would bring my experience of attending both mainstream and community performances to advise on potential acts for the Pavilion. As a student at Saint Mary's College, I attended several themed events where members of different cultural clubs would host events and performances related to their culture. I still have ties to Saint Mary's College as an alumna and could foster a partnership between Saint Mary's College, Live Nation, and the City of Concord to expand local events and acts at the Concord Pavilion.

Jency James

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Upload a Resume
Question applies to Bicycle and Pedestrian Advisory Committee Please describe your interest and experience in cycling and other alternative modes of transportation.

My cycling experience is limited given that I learned how to ride a bike later in life. However, this enables me to provide a unique and meaningful perspective on cycling infrastructure that successfully meets the needs of cyclists with varying skill levels. As a previous resident of Pleasant Hill, I walked on the Canal Trail almost daily for over a year and now walk, run, and bike along the Iron Horse Trail via the Monument Boulevard trailhead. As an environmentalist and with a educational and professional background in sustainability, I believe improving access to alternative modes of transportation will reduce our greenhouse gas emissions and improve quality of life for Concord residents. I am particularly interested in improving bike and pedestrian infrastructure along the Monument Corridor. I currently represent Concord on the Contra Costa Transportation Authority's Citizens Advisory Committee where I provide input on jurisdictions' Growth Management Program Compliance Checklists, approve distribution of Measure J funds, and learn about regional transportation efforts.

Education and Training
High School
Woodcreek High School, Class of 2011, Roseville, CA
College
Saint Mary’s College of California, Class of 2015, Moraga, CA B.A. in Environmental Studies, Minor in Communication
Technicial/Vocational Training
Concord Community Academy - May 2023 Leadership Contra Costa - May 2016 Central San Citizens’ Academy - May 2016
Certification or Other
LEED Green Associate - 2024 Diablo Valley College - Spring 2019, Pleasant Hill, CA Geographic Information Systems Certificate of Accomplishment TERMS OF ACCEPTANCE and SIGNATURE
Jency James

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Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Please Agree with the Following Statement
I acknowledge that by submitting this application the information provided will be published as part of the public record, and that the City will make every effort to ensure personal contact information is redacted. I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name Jency James
Jency James

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Jency James

CIVIC Concord Community Academy, Concord May 2023 ENGAGEMENT Leadership Contra Costa, Walnut Creek May 2016 Central San Citizens’ Academy, Martinez May 2016

EDUCATION LEED Green Associate October 2024 Diablo Valley College, Pleasant Hill Spring 2019 GIS Certificate of Accomplishment, GPA 4.0
Saint Mary’s College of California, Moraga December 2014 B.A. in Environmental Studies, Minor in Communication
GPA 3.77, Dean’s List all semesters

EXPERIENCE Alameda County Office of Sustainability, Oakland, CA Dec. 2019-Present Sustainability Project Manager
 Oversee waste services for 63 County facilities, managing a budget of $2.2 million annually.

Coordinate with 7 waste haulers and various County stakeholders to resolve operational issues, implement and update recycling and composting programs in County facilities, and conduct outreach to 10,000 County employees from 20 agencies.
 Led effort to streamline waste payment processes by enrolling 7 haulers in ACH payments and paperless billing, updating contact and billing information across 100 accounts and coordinating quarterly check-in meetings with County and hauler contacts to address longstanding issues  Developed 25 initiatives in the Sustainable Materials Management and Green Economy and Prosperity sections of the County’s internal Climate Action Plan by coordinating with 30 stakeholders over 3 years
 Hire and supervise a Climate Corps fellow for 10-months annually and provide mentorship and guidance on County projects, Climate Corps assignments, and professional development

Republic Services, Pacheco, CA Jan. 2015-Nov. 2019 Recycling Coordinator
 Managed commercial recycling and composting programs in Central Contra Costa, provided technical assistance with over 800 annual audits, met with new clients daily to provide tenant/property management training, outreach tools, and in-depth presentations  Coordinated zero-waste efforts with event planners at 10 annual city-wide festivals, provided volunteer training, and managed outreach booth to educate customers and event attendees.

Events consistently achieved diversion rates over 70%
 Handled day-to-day operations such as customer service assistance, inter-departmental coordination, developed outreach materials and maintained inventory and ordering

Contra Costa County Climate Leaders, Moraga, CA April 2012-Feb. 2018 Director
 Managed and assisted 7 junior consultants with responsibilities, provided guidance to new hires, and assisted Executive Director with administrative and grant-related tasks  Planned and facilitated 11 educational workshops with over 30 attendees and coordinated legislative officials and speakers on key topics related to promoting climate action planning in Contra Costa County
 Conducted research to maintain Contra Costa County’s only website for sharing best practices on climate and energy planning; coordinated website updates and maintenance and community outreach to mayors, elected officials and city staff leaders  Regularly attended and performed public presentations at City Council meetings, mayors’ conferences and local government meetings

SKILLS Project Management, Community Outreach, Data Analysis, Public Speaking, Event Planning , Volunteer Management. Programs: Salesforce, GIS ArcMap, Constant Contact, MailChimp Page 46 of 81 Application

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Submit Date: Nov 13, 2024
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
8 Number of years in Concord:
30 Number of years in the county:
64 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Bicycle and Pedestrian Advisory Committee: Submitted
Question applies to Concord Community Academy
Are you 18 years of age or older?
Yes No
Dore Stubblefield
Diablo Valley FCU Loan Officer Retired
Dore Stubblefield

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Question applies to multiple boards
Are you available for evening meetings?
Yes No
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Interests and Experience
Question applies to multiple boards
Please state your reason for applying, including qualifications for this position:

I have lived in Concord most of my life. In the past, I have worked for the treasurer office, belonged to the downtown Concord merchant association and completed the CERT and police citizen academy. I graduated from the Mt. Diablo school district as did my children. I believe Concord is the best place to live and want to donate my time for our community.

Question applies to multiple boards
Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment:

I worked a the Navel weapons station in their credit union starting as a teller and left as the branch manager when the base closed. I was a loan officer for a community credit union for 17 years. I also volunteered at the Concord Pavilion and ARF.

Question applies to Contra Costa Transportation Authority, Citizen’s Advisory Committee, Central Contra Costa Transit Authority Advisory Committee
Particular interest in transportation:

Mass Transit, Bicycle and Pedestrian access
Question applies to Contra Costa Transportation Authority, Citizen’s Advisory Committee, Central Contra Costa Transit Authority Advisory Committee
Volunteer experience (list special interest groups):

Concord Pavilion volunterer, ARF, Special Olympics
Question applies to Bicycle and Pedestrian Advisory Committee Please describe your interest and experience in cycling and other alternative modes of transportation.

Dore Stubblefield

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Upload a Resume
Question applies to Concord Community Academy
What community and/or civic groups are you involved with currently, or have you been involved with in the past? Describe your involvement and level of participation.

Concord downtown merchant assoc, Concord citizen police academy, Concord pavilion volunteer, Concord CERT training, ARF.

Question applies to Concord Community Academy
Why would you like to participate in the Concord Community Academy? To help my community
Question applies to Concord Community Academy
What are your major areas of interest regarding the City of Concord? Help our community, volunteer, positive growth.

Question applies to Concord Community Academy
What do you hope to get out of this experience?
A sense of community.

Question applies to Concord Community Academy
How did you hear about the Concord Community Academy?
Other
Education and Training
High School
Clayton Valley High
College
some community college.

Technicial/Vocational Training
accounting
Certification or Other
retired notary. I do not have a resume. I worked 5 years at the Naval weapons station, 2 years at Great Western savings and loan in downtown Concord, 2 years at the Concord Treasurers office, and 17 years with Diablo Valley FCU.

Dore Stubblefield

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TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Question applies to Concord Community Academy
I, applicant for the City of Concord Community Academy, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord, business owner in the City of Concord or am employed in the City of Concord; and, meet the eligibility requirements.

Please Agree with the Following Statement
I acknowledge that by submitting this application the information provided will be published as part of the public record, and that the City will make every effort to ensure personal contact information is redacted. I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name Dore Stubblefield
Dore Stubblefield

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Application

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Submit Date: Jul 19, 2024
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
10 Number of years in Concord:
10 Number of years in the county:
11 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Bicycle and Pedestrian Advisory Committee: Submitted
Angela Salinas
Chevron Refinery
Lead Operation Excellence
Specialist
Manage OSHA/Safety
requirements
Angela Salinas

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Question applies to multiple boards
If you are applying for more than one board, commission or committee please list your selections in priority order below. This will help the interviewing Council Committee know your preference when interviewing.

1. Planning Commission 2. Parks Recreation & Open Space Commission 3. Bicycle & Pedestrian Advisory Committee 4. Contra Costa Transportation Authority, Citizen's Advisory Committee
Question applies to multiple boards
Are you available for evening meetings?
Yes No
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Interests and Experience
Question applies to multiple boards
Please state your reason for applying, including qualifications for this position:

I would like to be more aware with increased input for the future of Concord. I want to share in deciding our traffic and home value issues.

Question applies to multiple boards
Describe prior service on a board, commission, or any other community service or public body, indicate agency and explain what significant contributions you made:

I have volunteered as in multiple Girl Scout and school district positions in the Los Angeles area. I am involved with a Concord biking group.

Question applies to multiple boards
Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment:

I have lead many construction projects for oil refineries. Worked with people and companies from various backgrounds. I take pride in my community and am capable of pivoting to accomplish jobs and with keen decision making skills. I am a Navy Desert Storm Veteran who has worked in oil refining for over 30 yers.

Angela Salinas

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Upload a Resume
Question applies to Contra Costa Transportation Authority, Citizen’s Advisory Committee, Central Contra Costa Transit Authority Advisory Committee
Particular interest in transportation:

I would like to contribute to reducing traffic, achieving safe BART and city transportation.

Increasing the safety and easy access to bike lanes and paths without fear of transients.

Question applies to Contra Costa Transportation Authority, Citizen’s Advisory Committee, Central Contra Costa Transit Authority Advisory Committee
Volunteer experience (list special interest groups):
*Bread Project, Oakland job assistance interviewer and resume advisor *Interviews and advisor for new hires with Chevron Refinery *Contra Costa Food bank *Loaves & Fishes, Martinez and Pittsburgh *Beacon Light Women's Shelter, Wilmington Ca *Aids Project, Chevron San Ramon *Girl Scout Leader, 7 yrs, Torrance Ca *Homeless support fundraiser, Round Hill Country Club, Alamo CA
Question applies to Bicycle and Pedestrian Advisory Committee Please describe your interest and experience in cycling and other alternative modes of transportation.

I am a lifetime bike rider and have increased my participation riding with the Concord Thursday night group and have taken note of improved areas as well as areas that could improve their access and safety. I have made contacts with other bike groups and speak of increasing cycling as transportation for more local citizens. More would use bikes if they felt their bikes were safe once locked and bike paths were more accessible through busy streets to safely travel home.

Education and Training
High School
Hawthorne High Hawthorne, CA
College
West Valley College Saratoga, CA
Technicial/Vocational Training
US Navy School Aviation Administration Meridian, Miss
Certification or Other
I will share my resume once I have completed the course.

Angela Salinas

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TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Please Agree with the Following Statement
I acknowledge that by submitting this application the information provided will be published as part of the public record, and that the City will make every effort to ensure personal contact information is redacted. I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name Angela Salinas
Angela Salinas

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Application

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Submit Date: Jan 10, 2025
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
7 Number of years in Concord:
7 Number of years in the county:
7 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Bicycle and Pedestrian Advisory Committee: Submitted
Carlos Madrigal
Self Notary Public Loan Signing Agent
Carlos Madrigal

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Question applies to multiple boards
Are you available for evening meetings?
Yes No
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Interests and Experience
Question applies to multiple boards
Please state your reason for applying, including qualifications for this position:

Carlos walks and bikes around Concord daily.

Question applies to multiple boards
Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment:

Graduate of the Concord Community Academy Fall 2024
Question applies to Bicycle and Pedestrian Advisory Committee Please describe your interest and experience in cycling and other alternative modes of transportation.

Carlos bikes and walks down Concord Blvd and the canal trail.

Education and Training
High School
Everett Alvarez High School in Salinas, CA
College
UC Berkeley
Carlos Madrigal

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Upload a Resume
Technicial/Vocational Training
Certification or Other
TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Please Agree with the Following Statement
I acknowledge that by submitting this application the information provided will be published as part of the public record, and that the City will make every effort to ensure personal contact information is redacted. I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name Carlos Madrigal
Carlos Madrigal

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Application

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Submit Date: Dec 17, 2024
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
1 Number of years in Concord:
2 Number of years in the county:
2 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Bicycle and Pedestrian Advisory Committee: Submitted
Joseph Piasecki
San Francisco Environment
Department
Public Affairs and Policy
Coordinator
Press Secretary and Policy
Coordinator
Joseph Piasecki

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Upload a Resume
Question applies to Bicycle and Pedestrian Advisory Committee Please describe your interest and experience in cycling and other alternative modes of transportation.

My wife and I are avid e-bikers. We love to bike and walk the canal. We support zero emission transportation modes and would love to see greater adoption in Concord.

Education and Training
High School
James B. Conant High School. Hoffman Estates IL
College
University of Iowa, Iowa City, Iowa.

Technicial/Vocational Training
Certification or Other
TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Joseph Piasecki

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JOSEPH A. PIASECKI
Concord, California ■ LinkedIn
Government and Media Relations Leader
Dynamic leader and seasoned professional with over a decade of expertise in public policy administration, media relations, and political affairs across state and local government, environment, and higher education sectors.

Proven record of securing positive media coverage, effectively defending organizational interests, and consistently achieving successful media outcomes. Possesses specialized knowledge to navigate complex municipal and state government systems, demonstrating a strong capacity for strategic leadership and collaboration.
Legislative Strategist
Skilled Political Agent
Expert Media Manager
Effective Press Secretary
Clear and Concise Writer
Crisis Communications
Strategist
Executive Staffer Experience
Compliance and Ethics Advisor
Event Planner

SAN FRANCISCO ENVIRONMENT DEPARTMENT , CITY AND COUNTY OF SAN FRANCISCO Policy & Public Affairs Coordinator, November 2022 - Present Responsible for advancing the Environment Department's legislative priorities through the San Francisco Board of Supervisors and securing positive media coverage. Serves as the official department spokesperson and supports program teams throughout legislative development. Prepares briefing materials, press releases, executive talking points, and organizes press conferences. Mentors an Assistant Coordinator to support their professional growth. ■ Successfully led the Environment Department’s climate technology showcase at the 2024 APEC conference, highlighting San Francisco’s climate tech start-up innovations and contributions to sustainability.
■ Supported San Francisco Mayor London Breed with speeches and talking points for climate action and environment related topics.
■ Developed and implemented a strategic press and media plan that increased media coverage of the Environment Department’s programs and priorities by 200% over two years. ■ Created a “new ordinance checklist” that improved the effectiveness of the department’s ordinance preparedness and presentations to the Board of Supervisors. ■ Supervises an Assistant Coordinator, enhancing their skills and preparing them for leadership roles within the organization, significantly boosting team productivity and morale.

ROSALIND FRANKLIN UNIVERSITY OF MEDICINE AND SCIENCE
Director of Government Relations, April 2017-November 2022 As the Director of Government Relations, the role involved leading local, state, and federal government relations while establishing the university’s first legislative agenda. Sharing our story with government leaders and advocating for interests while fostering healthcare advocacy within the community. Key responsibilities include coordinating legislator visits, monitoring relevant legislation, and managing the university’s lobbyist to achieve strategic objectives.
■ Secured a $3.5 million capital grant to enhance university infrastructure. ■ Drove the successful application for a $2.5 million state innovation grant for lab development. ■ Played a pivotal role in the planning and construction of a $50 million Innovation and Research Park fulfilling a significant expansion of the university’s strategic plan. ■ Guest lecturer and provided instruction to both undergraduate and graduate students on advocacy strategies.

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JOSEPH A. PIASECKI

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Concord, California ■ LinkedIn

ILLINOIS STATE SENATOR - JULIE MORRISON
Chief of Staff, January 2012-April 2017
Served as Chief of Staff, managed office operations, communications, and constituent services for a Senator during the 98th, 99th, and 100th Illinois General Assemblies. Key responsibilities included crafting and executing the Senator’s legislative agenda, managing office staff in the district and the capital, and advocating for constituents through casework. Served as the primary speechwriter, content creator, in-district representative and regularly collaborated with organizations like the Council of State Governments and the National Conference of State Legislatures.
■ Developed an expansive legislative agenda, passing 59 unique legislative items during the 99th General Assembly.
■ Resolved constituent issues through effective casework with executive departments. ■ Created impactful speeches and content, enhancing the Senator's media presence. ■ Fostered partnerships with national legislative groups for innovative policy discussions.

JULIE MORRISON FOR STATE SENATE CAMPAIGN
Communications Director - 2016
As Communications Director, led a proactive and focused media and message plan, including voter outreach and collaborative communications. Implemented a strategy that leveraged endorsements and managed all campaign content. Responsibilities included writing responses for endorsement surveys, preparing the candidate for debates and editorial interviews, coordinating with political organizations, digital vendors, and print and mail shops. Managed all social media, and developed consistent talking points for team messaging. ■ Achieved an 18-point victory in the 2016 general election through effective communication strategies. ■ Secured endorsements from all three major Chicagoland newspapers: The Chicago Tribune, The Chicago Sun-Times, and the Daily Herald.
■ Developed and distributed weekly press releases that enhanced media coverage and public engagement.
■ Collaborated with the Illinois Senate Democratic Victory Fund and the Illinois Democratic Party to coordinate mail strategies.
■ Crafted comprehensive talking points that maintained message consistency for the entire campaign team.

TECHNICAL SKILLS
Google Suite - Microsoft Suite - Adobe - Wrike - Meltwater

EDUCATION & COMMUNITY
University of Iowa - Bachelor of Arts, Political Science and History.

RECOGNITION & AWARDS
❖ Rising Star Award Nominee at Rosalind Franklin University for outstanding new employee. ❖ Selected as Drum Major for the University of Iowa Hawkeye Marching Band. Serving as the highest level of student leadership, leading and performing with 250 musicians for three seasons. ❖ Awarded Rank of Honor from The University of Iowa School of Music for contributions to Hawkeye Marching Band.

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Application

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Submit Date: Dec 04, 2024
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
12 months
Number of years in Concord:
12 months
Number of years in the county:
2 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Bicycle and Pedestrian Advisory Committee: Submitted
Carlos Montalvo
Stanford Health Care Program Manager Healthcare Administrator Carlos Montalvo

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CARLOS OLIN MONTALVO III
Strategic Consultant, Customer Experience Leader, Program & Project Manager

PROFILE
Dynamic and passionate consumer-
centric program/project manager and
data analytics leader with diverse
experience in the healthcare and
technology sectors.

A driver of innovation and change
with effective communication and
relationship skills at all levels of the
enterprise.

Consumer focused philosophy,
guided by patient insights and
customer needs.

CONTACT

HOBBIES
Freelance Writing
Mountain Climbing
Scuba Diving
Music Lover

WORK EXPERIENCE
PriMed Management Consulting Services Inc., Senior Program Specialist, Strategic Partnerships
(2023 – present)
● Help monitor metrics performance for strategic initiatives and manage relationships between internal and external stakeholders ● Analyze data, drive meetings, partner with subject matter experts, obtain clarity, track progress, raise/escalate potential barriers, and bri dge discussions with multiple parties
● Analyzed and identified cost control opportunities for limited Knox -Keene organization

PeaceHealth, Manager, Patient Experience & Loyalty
(2021 – 2023)
● Developed, implemented , and manage d patient experience strategies in collaboration with network peers and system leadership
● Provided consultative partnership to leaders on initiatives and best practices while integrating consumer, clinician and caregiver engagement ● Led data analytics for pa tient experience survey results, including HCAHPS and CGCAHPS
● Partnered with local and system leadership to create a patient experience roadmap for Oregon network

Quest Diagnostics, Patient Services Manager
(2020 – 2021)
● Managed five supervisors, 106 laboratory staff, and testing operations of 60 sites across Oregon, Alaska, and Washington at the onset of the COVID 19 epidemic
● Implemented COVID -19 safety protocols and organized employee vaccine access
● Monitored key perfor mance indicators and facilitated operational improvements to improve test turnaround times

Stanford Health Care, Manager, Patient Experience (promoted from Business Operations Analyst, Program Manager and Project Manager) (2015 – 2020)

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● Led improvement ini tiatives for priority clinical areas including Inpatient Services, Orthopedic Surgery, and the Emergency Department ● Established formal partnerships with network of community clinics and community health systems
● Partnered with clinical leaders to create multi -disciplinary partnerships focused on patient experience improvement
● Developed and implemented patient satisfacti on survey instrument for bereaved families
● Prior to promotion, led, analytics, and distribution of patient satisfaction surveys across the enterprise, educating colleagues and teams on how to interpret patient satisfaction survey results, isolate trends, and identify opportunities. Extracted complaints and grievances data from electronic health records to create department -specific reports. Co -founded and co - chaired “Service League” to promote employee engagement

Kaiser Permanente , Intermediate Business Analyst, Insurance Retail Sales, Transitioned from Business Analyst in the Corporate Development and Ventures group
(2012 – 2015)
● Partnered with store managers to identify consumer sales and coverage plan trends
● Generated performance reports for insurance retail stores in Northern California
● Within the Corporate Ventures group, developed company valuations based on precedent t ransactions to help evaluate acquisition opportunities and conducted due diligence for potential business transactions and strategic affiliations with third-party organizations
● Led business plan development for KP’s new medical school

Edelman, Assistant Account Executive, Public Relations
(2010 – 2012)
● Exclusively supported HP account on product reviews and Hispanic teams; promoted to Accessories Reviews Lead
● Generated 200 positive reviews online and in print for consumer and business products

EDUCATION & TRAINING
University of California, Santa Cruz, B.A., Global Economics (2009) La Universidad de Chile, Economics, Politics, and Latin American Studies (2008) Clinical Effectiveness Leadership Training, Tableau Desktop I & II, Microsoft Office Suite, WordPress, Constant Contact
Epic CRM and Epic Cadence 101 training modules

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Application

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Submit Date: Dec 27, 2024
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
7 Number of years in Concord:
7 Number of years in the county:
62 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Bicycle and Pedestrian Advisory Committee: Submitted
Michele Browne
Kaiser Permanente - now
retired BSN, RN, CWOCN
Retired Nurse advanced
practice
Michele Browne

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Michele A Browne

Profile
Experienced Registered Nurse with Certification in Wound, Ostomy & Continence care. Leadership role in hospital wound, ostomy and skin care education for staff, new grads/ new hires. Leadership role as hospital preceptor for accepted Nursing Wound and Ostomy program from San Jose State University. Volunteer with the ContraCostomy Association as frequent guest speaker. Chair of the WOCN local Pacific Coast Chapter dinner meetings.

Experience

REGISTER NURSE, STAFF NURSE IV, KAISER PERMANENTE HOSPITAL,

WALNUT CREEK, CA
1997 - CURRENT
Initially I was an ICU RN then sponsored by Kaiser Permanente to complete training for CWOCN. Employed currently as CWOCN since 2010.

REGISTERED NURSE, DOCTORS HOSPITAL, SAN PABLO, CA — 1995-1997 Burn ICU RN and trained as Certified Burn ICU RN at Doctors Hospital (Hospital was a for profit facility and was sold and closed due to financial losses).

REGISTERED NURSE, GOLDEN STATE REHABILITATION HOSPITAL, SAN RAMON, CA 1993-1995
Complete nurse responsibilities on night shift. 100 bed facility. (Hospital was a for profit facility and was sold and closed due to financial losses).

STANFORD HOSPITAL, STANFORD UNIVERSITY, PALO ALTO, CA — 1990-1992 Registered Nurse
Education
University of San Francisco (USF), San Francisco, CA 1989 University of California at Berkeley (UCB), Berkeley, CA 1985 Skills
Excellent communication and abundance of enthusiasm.

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Staff Report
Date: April 22, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Joelle Fockler, MMC, City Clerk
Prepared by: Monique Robinson, Deputy City Clerk
[email protected]
(925) 671-3295
Subject: Considering appointment of Jill Finn and Darren Kelly as Design Professionals to the Design Review Board for four-year terms ending February 28, 2029, as recommended by the
Council Committee on Housing and Economic Development
(Hoffmeister/Obringer).

Report in Brief
Consider appointment of Jill Finn and Darren Kelly to the Design Review Board for Design Professional positions for four-year terms ending February 28, 2029, as recommended by the Council Committee on Housing and Economic Development (Hoffmeister/Obringer).

Recommended Action
Appoint Jill Finn and Darren Kelly to the Design Review Board for Design Professional positions for four-year terms ending February 28, 2029, as recommended by the Council Committee on Housing and Economic Development (Hoffmeister/Obringer).

Background
In accordance with Policy and Procedure No. 89, openings on Concord’s Design Review Board were announced on December 3, 2024, to fill two (2) design professional positions, for four-year terms ending February 28, 2029. Applications were due to the City Clerk’s Office on January 10, 2025, at 5 p.m.

The Design Review Board is comprised of five (5) members, each serving a four-year term: three (3) design professionals that may be non-residents of Concord, e.g.,

4.f4.f4.f4.f

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City Council Agenda Report
Agenda Item No. 4.f
April 22, 2025
architects, landscape architects, urban designers, building designers, at least one of whom shall be a professional licensed architect; one (1) public member; and one (1) member of the City Planning Commission. The public member shall be a resident of Concord with previous experience or training in design concepts. The Design Review Board is requested to review the design of any development for which design review is required by City ordinance and any matter referred to the Board by the City Council, Planning Commission, Zoning Administrator, or Planning Manager, and/or staff.

The City’s Conflict of Interest Code requires the Design Review Board members to complete a Conflict of Interest Form 700. Filings required within 30 days of assuming office and on an annual basis.

The Board is seeking two (2) individuals willing to serve as Design Professionals for a four-year term ending February 28, 2029. A total of three (3) applications were received including incumbent Jill Finn. The three (3) applicants qualified to be interviewed included: Jill Finn, Darren Kelly, and Mandana Nazifi. Interviews were held on Tuesday, March 31, 2025, by the Council Committee on Housing and Economic Development.

Mandana Nazifi was considered without an interview.

The Council Committee on Housing and Economic Development recommends the appointment of Jill Finn and Darren Kelly to serve on the Design Review Boad for four- year terms ending February 28, 2029.

Public Contact
The City Council Agenda was posted.

Attachments

1. Design Review Board Applicant Summary

2. Application Packet (Redacted)

3. Concord Municipal Code Excerpt for Design Review Board

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Design Review Board
Vacancy
The Board is seeking a total of two (2) individuals to serve as Design Professionals for four-year terms ending February 28, 2029.

Name Employer Occupation
Jill Finn* Tangerine Design LLC Residential Design
Specialist
Darren Kelly Darren M. Kelly, Architect Architect
Mandana Nazifi SCSEP/CCC Aging and Adult
Services Information &
Assistance
Interior Architecture
*Incumbent
Attachment 1

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Application
Attachment 2

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Submit Date: Dec 09, 2024
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
2 Number of years in Concord:
0 Number of years in the county:
11 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Design Review Board: Submitted
Jill Finn
TANGERINEdesignLLC / SF
Giants Baseball Owner / Usher
Residential Design
Specialist / Suite Usher
Jill Finn

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Jill C. Finn, Assoc. AIA

Copyright © 2024 TANGERINEdesign LLC. All Rights Reserved.

A Residential Design Specialist with the goal of educating and informing Homeowners about the Construction Process
Owner, TANGERINEdesign LLC (2006 to present)
TANGERINEdesign LLC is a thriving Woman–Owned, Residential Design Business in the Bay Area. As a sole proprietor for 18 years, now LLC, responsibilities include all aspects of a Design firm: New business, meetings & contracts; on–site measurements & new design layouts, knowledge of Zoning & Building code, managing construction and permit drawings; project managing contractors/subs, material selections, and more. Also work on Commercial projects that need designs for fit–outs, space planning, and/or functional changes. Past Designer for Planned Parenthood of Northern CA Usher, SF Giants (2005 to present)
Proudly finishing up my 20th season with the 3–time World Series Champs! Responsibilities include VIP credential check, radio position, crowd control, section monitoring, keeping spirits up in down years, & educating young fans about baseball.

Safeway Employee (2020 April–June during Covid)
When the Pandemic hit, I made sure I would not be a drain on the system by taking a temporary job at Safeway. The managers liked my work–ethic, leadership & organization so much they had me in work in three different departments to raise them to a new level. The departments were the Bakery, Drive–Up & Go, & the Floral Department.

Project Manager, EDI Architecture, Inc. (2001–2006)
Managed a variety of single & multi–family housing projects for an award–winning San Francisco architecture firm, responsibilities included client management, design development, drafting, plan check reviews & supervising junior staff.

Projects included new single–family & multi–family housing.

Designer, The Knabb Partnership (1999–2001)
Assisted in design & project management for one of the area’s leading architecture firms in Pennsylvania. Responsibilities included surveying, site & client management, as well as construction administration. Projects included residential housing, country clubs & senior care facilities.

Draftsperson, Dever Architects (1998–1999)
Worked for one of the top commercial design firms in the Philadelphia area… being responsi ble for drafting, surveying & documenting, creating presentation boards & training interns. Projects included residential housing, supermarkets, office fit–outs and car dealerships.

Advertising, Misc. Firms (1993–1998)
Graphic Designer that created and collaborated on a variety of advertising campaigns for a variety of Health Care, Financial, Corporate, & Catalog–Based Companies.

Display Associate, Strawbridge & Clothier (1991–1993)
Set up merchandise displays, dress mannequins, design holiday displays throughout the year.

Cashier Associate, IKEA (1989–1991)
Top Cashier in one of the busiest East Coast Stores, Top Sales Producer back when scanners weren’t a thing! Cashier/Team Member, KFC (1986–1989)
Cashier, Drive–thru Manager, food server during high school.

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EDUCATION

Undergrad Classes: City College of San Francisco, San Francisco, CA (2004 to 2006) Architecture: Night School Classes at Drexel University, Philadelphia, PA (1995 to 2000) Associate Degree in Commercial Art: Antonelli Art College, Plymouth Meeting PA (1989 to 1991)

SKILLS

Business Owner AutoCAD Delegator/Leadership Roles
Project Management Microsoft Word/Excel Color Boards/Visual Design/Display Client Interaction Site Measurements Material Selections Organization On–Site Observation/Reports Cashiering/Money handling

MEMBERSHIPS / LEADERSHIP ROLES

2000 to Present: Associate AIA Member, San Francisco Chapter (American Institute of Architects) 2023 to Present: Member of the Concord Chamber of Commerce 2022 to Present: Current Chair of the City of Concord Design Review Board; (2023) Vice Chair; (2022) Board Member 2021 to Present: Member of NARI (National Association of the Remodeling Industry) 2019 to Present: HOA Board Member of Center Court Villas, AZ 2018 to 2023: Leadership Positions of BNI: Growth Coordinator, Vice President, Education Coordinator 2012 to Present: Angie’s List, Super Service Award Recipient 2016 to Present: Houzz, Best of Service Award Recipient 2008 to Present: Yelp, 5–Star Rated
2009: Recipient of the Jason Pettigrew Memorial ARE Scholarship 2009: AIACC Regional Associate Board Director (National Component) 2008: AIACC Regional Associate Board Director–elect (State Component) 2007: AIA SF Associate Board Director (Local Component/Board Member) 2006: Chair of Bay Area Young Architects (BAYA)
2005 to 2009: Berkeley Neighborhood Watch Captain
2004 to 2005: Chair of the AIA SF’s ARE Committee
2004: Coordinator of Youth In Mind (YIM)
2000 to 2004: HOA Board Member of Laguna Street Condo, SF

HISTORY / HOBBIES

Originally from the East Coast (just outside of Philadelphia), I moved to California in late 2000 to forge a new path. After working in the Architecture field for roughly 8 years on both coasts, I started my own business, now 18 years in. My Design & Building experience has also opened the door to making a difference on the Concord Design Review Board, currently serving as the Chair. As a member of the Concord Chamber, NARI (National Association of the Remodeling Industry), and the AIA (American Institute of Architects), I enjoy meeting new people, learning about their businesses/skills, and collaborating with everyone. A proud achievement and life–long goal, was in 2018, where I purchased & remodeled a Condo on my own, in Fountain Hills Arizona… just a hop, sk ip & a jump from the San Francisco Giants Spring Training facility. In my spare time, I’m a pickleball & bocce ball player, happily sharing my knowledge & insights to newcomers, helping them to improve and become formidable competitors.

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Application

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Submit Date: Jan 09, 2025
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
2 Number of years in Concord:
2 Number of years in the county:
21 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Design Review Board: Submitted
Darren Kelly
Darren M. Kelly, Architect Principal/Sole Proprietor Architect Darren Kelly

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Question applies to multiple boards
If you are applying for more than one board, commission or committee please list your selections in priority order below. This will help the interviewing Council Committee know your preference when interviewing.

1. Planning Commission 2. Design Review Board
Question applies to multiple boards
Are you available for evening meetings?
Yes No
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Interests and Experience
Question applies to multiple boards
Please state your reason for applying, including qualifications for this position:

I have extensive professional experience working with planning departments in both the Bay Area and Southern California. In my work with Rotary International since 2012, I lead sustainable community development project teams in Central and South America. I believe strongly in committing my experiences and my time to address the needs of my community.

I have also spent 20 years researching the potential for urban planning and design to create affective environments that promote wellness to benefit both the built and the natural environment.

Question applies to multiple boards
Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment:

As a licensed architect (CAB Lic. No. C-30299) who has worked in both corporate practice and as a sole proprietor for 30 years as well as my 14 years of service in Rotary International, I am convinced that responsible leadership is necessarily collaborative and inclusive, that it may leverage the diverse skills and points of view of the community in order to serve the community. In my work, I prioritize clear and respectful communication as the context in which these collective abilities and perspectives can be brought to bear. Planning and design create the very physical fabric of community life; their potential to at once preserve and advance the family, economic, health, and even the spirit of the community is tremendous. Unfortunately, responsible planning and design are often miscast as being at odds with these interests; I maintain that they are absolutely necessary for sustained community wellness.

Darren Kelly

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Upload a Resume
Education and Training
High School
Worthington High School (now Thomas Worthington High School), Worthington, Ohio 1988 College
The Columbus College of Art & Design, 1988-1990 The Ohio State University, B.S. Arch, 1994 Technicial/Vocational Training
Certification or Other
California Architects Board License No. C-30299
TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Please Agree with the Following Statement
I acknowledge that by submitting this application the information provided will be published as part of the public record, and that the City will make every effort to ensure personal contact information is redacted. I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name Darren Kelly
Darren Kelly

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Application

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Submit Date: Jan 10, 2025
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
6 Number of years in Concord:
6 Number of years in the county:
6 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Design Review Board: Submitted
Mandana Nazifi
SCSEP / Contra Costa County
Aging and Adult Services
Information & Assistance Clerk Assistant Interior Architecture Mandana Nazifi

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Question applies to multiple boards
If you are applying for more than one board, commission or committee please list your selections in priority order below. This will help the interviewing Council Committee know your preference when interviewing.

Question applies to multiple boards
Are you available for evening meetings?
Yes No
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Interests and Experience
Question applies to multiple boards
Please state your reason for applying, including qualifications for this position:

I am Interested in securing a position as a Design Review Board. I have experience for over 11 years in Residential and Commercial Projects with various companies.

Question applies to multiple boards
Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment:

I have knowledge on reviewing the Residential, Commercial, Industrial and Tenant Improvement projects. I do have a bachelor's degree in interior architecture. Please review my Resume.

Education and Training
Mandana Nazifi

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Upload a Resume
High School
College
Technicial/Vocational Training
Certification or Other
TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Please Agree with the Following Statement
I acknowledge that by submitting this application the information provided will be published as part of the public record, and that the City will make every effort to ensure personal contact information is redacted. I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name Mandana Nazifi
Mandana Nazifi

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P a g e 2 | 2
• Successfully completed Restaurant Bar, Tenant Improvement project located on Rodeo Drive in Beverly Hills, Los Angeles, that included design of the handicapped restroom within limited commercial space while incorporating beautiful furniture and finishes.
• Employee of the Year, City of Vacaville-planning department, Vacaville, CA

Clerical Intern | Contra Costa County Aging and Adult Services Information & Assistance June 2024 – Present Pleasant Hill, CA

• Updated Senior Directory, verified vendors phone numbers, addresses, websites, and their services for accurate information. Made over 30 phone calls a day, emailed and checked their websites for accuracy. • Sent customers I&A housing package and helpful resources per more than 10 social worker's requests. • Handled sensitive information carefully, ensured data privacy, accuracy, and confidentiality. • Worked on multiple assignments and prioritized them in a fast-paced manner.

Customer Service Representative | Department of Rehabilitation June 2023 - May 2024 Antioch, CA

• Assisted customers in person, on the phone and by email. • Helped customers with application and provided customer with accurate information regarding the services. • Updated consumer records in CRM (Customer Relationship Management) system. • Adapted to new tools and systems as was needed.
• Scanned, printed, labeled and stamped envelope, received mails and routed to the appropriate mailbox. • Received packages and organized them in the storage area, recorded them in the book. • Organized and maintained data, ensuring easy retrieval and analytical. • Supported and collaborated with 10 counselors in a team.

Real Estate & Mortgage Consultant | Compass Real Estate - Groves Capital Inc Oct. 2019 – June 2023 San Diego, CA

• Expanded business outreach, recruited clients through networking and social events. • Showcased properties for sellers to potential buyers, assisted buyers with home needs. • Managed documents for lenders, coordinated loan package with clients and settlement companies. • Successfully assisted clients with mortgage needs, financing for home improvements or investment, supported real estate ventures. Consistently exceeding client’s expectations.

Education
Bachelor Degree of Art in Interior Architecture | Farah (Al-Zahra) University, Tehran, Iran Revit, AutoCAD, Sketchup, Enscape and Adobe | San Francisco State University and UC Berkeley, CA Solid Drawing, AutoCAD 3D | Diablo Valley College, Pleasant Hill, CA Microsoft Office, Outlook, Excel, Adobe Photoshop and Microsoft PowerPoint | Course2go, Vacaville, CA California Mortgage & Real Estate Licenses | Allied School, CA, DRE #01127452, NMLS #145293

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Attachment 3

DESIGN REVIEW BOARD
Chapter 2.20

2.20.210 Established; membership.

The Design Review Board of the city, created by Ordinance No. 926, is hereby continued in existence and shall consist of no more than five members. At all times, the Board shall consist of one member of the city Planning Commission, appointed by the Planning Commission; three design professionals, e.g., architects, landscape architects, urban designers, building designers, at least one of whom shall be a professional licensed architect, appointed by the City Council; and one public member, who shall be a resident of the city, with experience or training in design concepts, appointed by the City Council.
(Code 1965, § 2422; Code 2002, § 2-381. Ord. No. 86-22; Ord. No. 92-19; Ord. No. 05-7; Ord.

No. 10-2)

2.20.220 Terms of members; absence from meetings.

Members shall serve at the pleasure of the City Council for staggered terms of four years. The City Council reserves the right to make appointments for an adjusted term period to maintain a staggered term structure. Any member who absents himself from three meetings of the Design Review Board within a fiscal year without being excused will be deemed to have resigned from his appointment, and the City Council may appoint a new member to serve in place of the resigned member.
(Code 1965, § 2423; Code 2002, § 2-382. Ord. No. 86-22; Ord. No. 10-2; Ord. No. 15-3, § 5)

2.20.230 Purpose and intent.

The Board shall meet not less than once a month at the F. A. Stewart Civic Center, 1950 Parkside Drive, Concord, at a time and date to be designated by the Board. The Board shall appoint a chair and vice-chairman for a term of one year or until the successor of each is appointed and takes office. The chair shall preside at all meetings of the Board and shall perform the duties necessary or incidental to the office. The vice-chair is chair in the absence of the chair or in case of the inability of the chair to participate in the proceedings. (Code 1965, § 2424; Code 2002, § 2-383. Ord. No. 86-22; Ord. No. 05-7; Ord. No. 10-2)

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The Concord Municipal Code is current through Ordinance 16-5, passed September 13, 2016.

2.20.240 Compensation of members.

The basis and amount of compensation to be paid to members of the Design Review Board shall be established by resolution of the City Council.
(Code 1965, § 2425; Code 2002, § 2-384. Ord. No. 86-22; Ord. No. 94-5; Ord. No. 10-2)

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

The Board shall adopt rules for the transaction of its business. The Board shall be served by a Secretary of the Board who shall record official actions by the Board, maintain records and perform such other duties as assigned. The Board shall keep a public record of its resolutions, transactions, findings, and determinations and may establish subcommittees as needed to fulfill its duties.
(Code 1965, § 2426; Code 2002, § 2-385. Ord. No. 86-22; Ord. No. 05-7; Ord. No. 10-2)

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Staff Report
Date: April 22, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director of Public Works
Prepared by: Kit P. Jory Sr., Parks Division Manager
[email protected]
(925) 671-3385
Subject: Considering approval of Maintenance Services Agreements to provide on-call tree maintenance with three firms, at annual not-to-exceed amounts, as follows:

1. J.T.S. Tree Experts, Inc. in the not-to-exceed amount of $895,000 per year to complete on-call tree maintenance, tree planting, and tree-related crane services in the
Parks, Opens Space, and other City-maintained
property;

2. Mountain F Enterprises, Inc. in the not-to-exceed
amount of $400,000 per year to complete on-call tree
maintenance for City-maintained Street Trees and other
trees that may impact sewers; and

3. SavATree LLC in the not-to-exceed amount of $225,000 per year for emergency response to City-maintained and
private property trees that impact the rights-of-way.

Each agreement’s term is for up to five (5) years with the option for three one-year extensions; and authorizing the City Manager to execute the agreements in a form acceptable to the City Attorney. (Operating Budget and Capital Budget)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b), 15273, 15301, and/or 15304.

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City Council Agenda Report
Agenda Item No. 4.g
April 22, 2025
Report in Brief
The proposed Maintenance Services Agreements will provide professional tree maintenance services for City-maintained trees consistent with the City’s implementation of its recently adopted Tree Maintenance Plan; and as-needed on- demand tree trimming, removals, planting, and emergency response, including arborist services as necessary. Current contracts are expiring, service demand for maintenance and planting is growing, and ensuring the City can continue to provide these services is essential to maintaining a healthy urban forest. These demands have also increased due to the State of California’s newest fire hazard severity map and the impacts the new map has on the City’s open space areas.

The contracts attached do not guarantee any work or any level of expenditure in any given year; rather the contracts establish a contractual relationship with each firm.

When work is needed, the City will assign work to the appropriate pre-qualified firm using qualified firms rate sheets.

Recommended Action
Approve three Maintenance Services Agreements to provide on-call tree maintenance with three firms, at annual not-to-exceed amounts, as follows:

1. J.T.S. Tree Experts, Inc. in the not-to-exceed amount of $895,000 per year to complete on-call tree maintenance, tree planting, and tree-related crane services in the Parks, Opens Space, and other City-maintained property; and

2. Mountain F Enterprises, Inc. in the not-to-exceed amount of $400,000 per year to complete on-call tree maintenance for City-maintained Street Trees and other trees that may impact sewers; and

3. SavATree LLC in the not-to-exceed amount of $225,000 per year for emergency response to City-maintained and private property trees that impact the rights-of-way.

Each agreement’s term is for up to five (5) years with the option for three, one-year extensions, and authorizing the City Manager to execute the agreements in a form acceptable to the City Attorney, and to make CEQA determinations as provided in this staff report.

Background
The City of Concord (City) is committed to maintaining and growing a healthy urban forest. This is evident by its recent recognition by the Arbor Day Foundation as a Tree City, USA, for its 44th consecutive year. The Public Works Department (Department) manages and performs tree maintenance activities throughout the City to maintain, preserve, remove, and plant trees in parks, medians, open spaces, on City-maintained property, on street trees that the City maintains, and on private property trees when tree emergencies impact the rights-of-way. The Department has utilized tree contractors to perform these tree maintenance activities since 2009. The current contracts for these

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City Council Agenda Report
Agenda Item No. 4.g
April 22, 2025
services expire on June 30, 2024, and need to be replaced prior to expiration.

Historically in recent years, the City contracts for approximately $1,100,000 per year on these types of tree services.

The City has improved its proactive maintenance of City-maintained trees over the last three years. These proactive maintenance activities have resulted in the improved preservation of healthy mature trees and a decrease in the number of mature trees that prematurely fail due to disease or storms. Additionally, there has been an increase in the unfunded and State-mandated fire risk mitigation requirements to maintain trees in the Open Spaces as revealed in the updated Fire Hazard Severity Zone Maps released February 24, 2025. Last, the City Council has recently reaffirmed its goals to maintain a healthy urban forest, to continue to improve tree maintenance for public safety, and to plant more trees as a mitigating effort to combat the effects of climate change. The proposed contractors will ensure the Department can continue to implement these goals in a proactive, responsible, and cost-effective manner.

Analysis
The Department relies on contractual services for most tree work the following reasons:
risk and liability, the need for specialized equipment, and the need for specialized skills.

The City has completed a competitive bid process and has identified multiple qualified contractors to enter into Maintenance Service Agreements. Having multiple contractors provides the City the opportunity to obtain the best value. The tree maintenance activities are based on a combination of maintenance requirements for public safety, the known condition and maintenance needs, implementing the Tree Maintenance Plan, and historical annual tree emergency issues.

These maintenance service contracts, when approved, create a contractual relationship between the City and the best qualified firms to perform our tree maintenance work.

This allows the City to provide the most cost effective and appropriate tree maintenance activities that will lead to a healthier, safer, and more sustainable Urban Forest. Work will be assigned based on the Tree Maintenance Plan including preventative tree maintenance, tree removals, and tree planting activities throughout the city. It will also be assigned based on City-wide maintenance requirements, service demand, and tree planting activities based on the tasks below.

Task 1 is defined as systematic tree maintenance for the City’s 15,204 park, City- property, open space, trail, and creek trees. These 15,204 trees will be maintained on a five-to-seven-year maintenance cycle. This contract also includes crane services related to tree planting or removal and for scheduled City-wide tree planting and replacement.

Task 2 is defined as systematic tree maintenance for the City’s 7,028 City-maintained street trees and tree maintenance of trees that may impact sewers. These 7,028 trees will be maintained on a five-to-seven-year maintenance cycle.

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City Council Agenda Report
Agenda Item No. 4.g
April 22, 2025
Task 3 is defined as emergency services for approximately 55,823 City-maintained & private property owner-maintained trees that affect the rights-of-way, with an expectation of needing to respond to approximately 384 tree incidents per year. Staff expects these costs to decrease over time as the Tree Maintenance Plan is fully implemented and as the Urban Forestry Program increases outreach and education for private property owners of maintenance responsibility for private trees in the rights-of- way.

In all cases above, some trees receive service more than one time within the five-to- seven-year cycle. This is determined by location, occupancy rate of the space around the tree, and species-based demand.

All three contractors understand that these maintenance service agreements are not guarantees of work. How much work is done under these contracts depends upon a number of issues. First and most importantly is the Council approved budget for the year—both operating and capital. Additionally, it will depend upon whether work is being done systematically or in response to an emergency. It will also depend on the City’s ability to secure future grant funds for tree planting. In general, the Department anticipates that future years total contracts will range from $1,300,000 to $1,500,000 per year, based on average costs from the last three years combined with increased efforts to better maintain trees in the open space and to increase tree planting throughout the City.

Procurement Process
Staff issued a public posting for Request for Qualifications (RFQ) on February 25, 2025, to identify a short-list of the most qualified contractors to provide these services. The RFQ was advertised on the City’s procurement website, public purchasing, and was sent to several well-known contractors in this field. On March 11, 2025, the City received complete qualification packets from, 10 potential contractors, which included submitting their contractor licenses, Department of Industrial Relations registration (DIR), company background, sample work, and references. Five contractors were found to be unresponsive in their submissions due to failing one or more of the criteria. Five contractors were found to meet the minimum qualifications and were invited to interview with a panel of City staff. All five interviewed contractors were scored and ranked by Public Works staff based on criteria publicized in the RFQ. On March 25, 2025, three contractors were identified as the short-list of the most qualified and sent a Request For Bids (RFB) to ascertain the most competitive rates based on the different types of scope that will be awarded based on the City’s needs. Based on the rate sheets received and ensuring the City receives the best value, staff proposes awarding the following Maintenance Service Agreements.

J.T.S. Tree Experts, Inc. in the amount of $895,000 per fiscal year for Task 1, scheduled maintenance of Park, Open Space, and other City-maintained trees.

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City Council Agenda Report
Agenda Item No. 4.g
April 22, 2025
Mountain F Enterprises, Inc. in the amount of $400,000 per fiscal year for Task 2, scheduled Street Tree maintenance.

SavATree LLC, in the amount of $225,000 per fiscal year for Task 3, unscheduled and emergency tree maintenance.

Financial Impact
Adequate funds exist and have been budgeted within the current Operating Budget and Capital Project (Project No. 2755 which is budgeted and allocated for Tree Planting and Replacement). No additional funds are being requested. Work in future years will depend upon approved budgets. Public Works staff will manage contract administration.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15378, and Public Resources Code Section 21065, award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, award of this contract is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, and 15304 – Minor Alterations to Land, as it involves landscaping maintenance. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgement and analysis.

Public Contact
The City Council Agenda was posted.

Attachments

1. Maintenance Services Agreement with J.T.S. Tree Expert, Inc., with Exhibit A – Scope of Work and Rates

2. Maintenance Services Agreement with Mountain F Enterprises, Inc with Exhibit A – Scope of Work and Rates

3. Maintenance Services Agreement with SavATree LLC., with Exhibit A – Scope of Work and Rates

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MAINTENANCE SERVICES AGREEMENT
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THIS AGREEMENT (“Agreement”) is entered into on April 7, 2025 between the City of Concord, a California municipal corporation (“CITY”) and J.T.S. Tree Expert, Inc., a Corporation, P.O. Box 256, Concord, CA 94520 (“CONTRACTOR”).

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

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

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

1. TERM. This Agreement shall commence on April 7, 2025 and expire on April 7, 2030.
(OPTIONAL) A. Extension of Term. Upon mutual written agreement by the parties, the term of this Agreement may be extended for three (3) additional period(s) of one (1) year(s) each commencing upon the expiration of the then current term, subject to the same terms and conditions of this Agreement.

Either CITY or CONTRACTOR shall give written notice of its request for extension to the other party’s authorized representative, as identified in Section 4 below, at least thirty (30) days prior to expiration of the then- current term. The extension(s) shall be subject to CITY’s approval, including based on review of CONTRACTOR’s performance under this Agreement. Any extension must be pursuant to 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, CONTRACTOR shall perform the services described in detail in Exhibit A, “Scope of Services.” CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT.

Attachment 1

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A. Compensation. The compensation to be paid to CONTRACTOR including payment for services and reimbursable expenses, shall be at the rate and schedules described in detail in Exhibit A. However, in no event shall the amount CITY pays CONTRACTOR exceed Four Million, Four Hundred and Seventy Five Thousand dollars ($4,475,000). Any increase to this compensation amount must be mutually agreed to in writing pursuant to Section 5 below, and may require City Council approval.

CONTRACTOR 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 CONTRACTOR 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.

B. Prevailing Wages. The services to be provided hereunder are subject to prevailing wage rate payment as set forth in California Labor Code Section 1771. Accordingly, CONTRACTOR shall comply with all California Labor Code requirements pertaining to "public works," including the payment of prevailing wages in connection with the services to be provided hereunder (collectively, “Prevailing Wage Policies”). CONTRACTOR shall submit, upon request by the CITY, certified copies of payroll records to CITY and shall maintain and make such records available to CITY for inspection and copying during regular business hours at a location within the City of Concord.

CONTRACTOR shall defend, indemnify and hold harmless CITY and its officers, officials, agents, employees and volunteers (collectively, "Indemnitees") from and against any and all present and future liabilities, obligations, orders, claims, damages, fines, penalties and expenses (including attorneys' fees and costs) (collectively, "Claims"), arising out of or in any way connected with CONTRACTOR's obligation to comply with all laws with respect to the work of improvements or Prevailing Wage Policies, including all Claims that may be made by contractors, subcontractors or

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other third party claimants pursuant to Labor Code sections 1726 and 1781, as amended and added by Senate Bill 966.

CONTRACTOR hereby waives, releases and discharges forever the Indemnitees from any and all present and future Claims arising out of or in any way connected with CONTRACTOR's obligation to comply with all laws with respect to the work of improvements and Prevailing Wage Policies.

CONTRACTOR is aware of and familiar with the provisions of California Civil Code Section 1542 which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” As such relates to this Section 3.B, CONTRACTOR hereby waives and relinquishes all rights and benefits which it may have under California Civil Code Section 1542. The obligations of CONTRACTOR under this Section 3.B shall survive the termination of this Agreement.

4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONTRACTOR in all matters pertaining to the services to be ordered by CITY or rendered by CONTRACTOR under this Agreement except where approval for the CITY is specifically required by the CITY Council. The CITY’s authorized representative is Kit Jory, Parks Manager of the Department of Public Works. The CONTRACTOR’s authorized representative is Veronica Bejines, Owner.

5. AMENDMENT TO AGREEMENT. This Agreement may be amended or modified only by a writing duly executed by authorized representatives of both parties, and made and approved in compliance with the CITY’s Municipal Code.

A. Amendment to Scope of Services. If CITY requests services other than as described in the Scope of Services, the amendment shall set forth the changes to the Scope of Services, any change in the performance time schedule, and any change in the compensation described in Section 3, above.

B. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including

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amendments providing for additional compensation to CONTRACTOR 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 CONTRACTOR that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.

C. Waiver. CONTRACTOR’s f ailure 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 CONTRACTOR, its officers, agents, employees, consultants, subconsultants, experts, contractors 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 CONTRACTOR performs this Agreement and shall only dictate the results of the performance. CONTRACTOR shall not represent that CONTRACTOR or its officers, agents, employees, consultants, subconsultants, experts, contractors or subcontractors are agents or employees of the CITY, and CONTRACTOR 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, CONTRACTOR shall not be eligible for any benefits, which the CITY may provide to its employees and all persons, if any, hired by CONTRACTOR shall be employees or subcontractors of CONTRACTOR and shall not be construed as employees or agents of the CITY in any respect. CONTRACTOR shall receive no premium or enhanced pay for work normally understood as overtime, e.g., hours that exceed forty (40) hours per work week, or work performed during non-standard business hours, such as in the evenings or on weekends.

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CONTRACTOR shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR.

7. STANDARD OF PERFORMANCE. CONTRACTOR represents and warrants to CITY that CONTRACTOR 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. CONTRACTOR further agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.

8. PERFORMANCE BY CONTRACTOR. CONTRACTOR shall not delegate its duties to, or employ, others (including consultants, subconsultants, experts, contractors, or subcontractors) 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 CONTRACTOR.

CONTRACTOR hereby designates CONTRACTOR’S representative as the person primarily responsible for the day-to-day performance of CONTRACTOR'S work under this Agreement.

CONTRACTOR shall not change CONTRACTOR’S representative without the prior written consent of the CITY. Unless otherwise expressly agreed by the CITY, CONTRACTOR'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 . “ Work Materials ” means any and all finished and unfinished plans, specifications, maps, estimates, manuscripts, drawings, descriptions, reports, other written, recorded, photographic, visual materials, documents, data, deliverables, and other work products prepared or furnished by or for CONTRACTOR pursuant to this Agreement. CONTRACTOR shall deliver copies of all Work Materials to CITY u pon project

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completion or other termination of this Agreement (see Section 16 below). The CITY reserves the right to specify the file format that electronic Work Materials are presented to the CITY. CITY shall not have access to, control of, or actual or constructive possession of, the Work Materials prior to project completion or Agreement expiration or termination.

Work Materials are instruments of CONTRACTOR’s services in respect to this project, and 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 CONTRACTOR for the specific purposes intended will be at user’s sole risk and without liability or legal exposure and expenses to CONTRACTOR, including attorney’s fees arising out of such unauthorized reuse. Notwithstanding the foregoing, basic survey notes and sketches, charts, computations, and other data prepared or obtained under this Agreement shall have no restriction or limitations on their use.

CONTRACTOR shall not disclose or discuss any Work Materials or other information gathered, discussed or generated in any way through this Agreement without the written permission of CITY , unless required by law.

10. INDEMNIFICATION.

A. For Construction Services Only. CONTRACTOR agrees to and shall defend (with independent counsel approved by the CITY), indemnify and hold harmless the CITY, its officers, officials, agents, employees 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) that may at any time arise or be set up because of damages to property, or of personal injury received by reason of or in the course of performing work, which may be occasioned by any willful or negligent act or omission of the CONTRACTOR, any of the CONTRACTOR’s employees, or any subcontractor.

B. For All Other Services. The following obligations are in addition to those imposed by applicable provisions of the Concord Municipal Code. CONTRACTOR agrees to and shall defend (with independent counsel approved by the CITY), indemnify and hold harmless the CITY, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s fees and other litigation

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expenses) arising out of or connected in any way with CONTRACTOR’s performance, non- performance, breach, or default, or any subconsultant’s, expert’s, contractor’s, or subcontractor’s performance, non -performance, breach, or default, under the terms of thi s Agreement. This indemnification obligation on CONTRACTOR’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. This Section 10 shall survive expiration or other termination of this Agreement.

11. INSURANCE. CONTRACTOR 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 CONTRACTOR, and CONTRACTOR shall immediately cease performance.

All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONTRACTOR shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONTRACTOR shall not receive any payment for services, or expenses.

14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate this Agreement upon five (5) days written notice if CONTRACTOR breaches this Agreement. In the event of any termination, CONTRACTOR shall promptly deliver to the CITY any and all 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

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the Work Materials, CITY will pay CONTRACTOR for the services which the CITY determines were satisfactorily performed as of the effective date of the termination.

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

A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONTRACTOR 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.

CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR of CONTRACTOR’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. CONTRACTOR 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 CONTRACTOR’s performance of services under this Agreement. CONTRACTOR further covenants that in the performance of this 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.

CONTRACTOR 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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B. CONTRACTOR is not a designated employee within the meaning of the Political Reform Act because CONTRACTOR:
(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. CONTRACTOR 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, and permits for the conduct of its business and the performance of the services.

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

19. NON-WAIVER. The waiver by either party of any breach of any term, covenant, or condition contained in this Agreement, or any default in their performance of any obligations under this 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 this Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONTRACTOR shall negotiate an equitable adjustment in the provisions of this Agreement with a view toward affecting the purpose of this Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of this Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of this Agreement. This Agreement

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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. The words “include” and “including” shall be interpreted as though followed by the words “without limitation.”

21. INTEGRATION. The recitals and any exhibits attached to this Agreement are incorporated by reference as though fully restated herein. This 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 CONTRACTOR and CITY, whether oral or written. In the event of any conflict or other inconsistency between the provisions of this Agreement (disregarding any exhibits) on the one hand, and any exhibits hereto (including any Request for Bids, Request for Proposal, or similar documents, responses to the same, terms and conditions, sample agreements, sample purchase orders, or other attachments thereto) or any purchase order issued in connection with this Agreement, on the other hand, the provisions of this Agreement (disregarding any exhibits) shall control.

22. SUCCESSORS AND ASSIGNS: NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE. CITY and CONTRACTOR respectively, bind themselves, their successors, assigns, and legal representatives to the terms and obligations of this Agreement. CONTRACTOR shall not assign or transfer any interest in this 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. CONTRACTOR, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.

23. FINANCIAL RECORDS. Records of CONTRACTOR’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.

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24. NOTICES. All notices required hereunder shall be in writing and mailed postage prepaid by certified or registered first class United States mail, postage prepaid, return receipt requested, or by personal delivery to the CITY’s address as shown below, or such other places as CITY or CONTRACTOR may, from time to time, respectively, designate in a written notice given to the other. Notices shall be deemed effectively served upon deposit in the United States Mail, or upon personal delivery.

To CITY: Kit Jory,
Parks Manager
City of Concord

1455 Gasoline Alley
Concord, CA 94520
Telephone: (925) 925-671-3385
Email: [email protected]

To CONTRACTOR: Veronica Bejines,
Owner
J.T.S. Tree Expert, Inc.

P.O. Box 256
Concord, CA 94520
Telephone : (844) 822-8677
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 CONTRACTOR or otherwise in the event of any default or breach of the CITY, or for any amount which may become due to CONTRACTOR or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.

26. EXECUTION; COUNTERPARTS. Each individual or entity executing this Agreement on behalf of CONTRACTOR represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of CONTRACTOR and that such execution is binding upon CONTRACTOR. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

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[Signatures follow on next page]

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

CONTRACTOR
: CITY:

J.T.S. Tree Expert, Inc., City of Concord,
a Corporation a California municipal corporation

By:_________________________________
By:______________________________
Name: Veronica Bejines Name: Valerie J. Barone
Title: Owner Title City Manager
Address: P.O. Box 256 Address: 1950 Parkside Drive
Concord,CA 94520 Concord, CA 94519
Telephone: (844)-822-8677 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 2025-2029 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $4,475,000. Account Code Line 1: Account Code 10057001Z01-63800-400 = $100,000 Line 2: Account Code 10057101Z01-63800-400 = $475,000
Line 3: Account Code 21157201Z01-63800-400 = $55,000
Line 4: Account Code 21257201Z01-63800-400 = $25,000
Line 5: Account Code 4509500C999-63800-400 4502755111-63800 = $240,000 .

Finance Director's Signature

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EXHIBIT “B”

CONTRACTOR 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 CONTRACTOR, their agents,
representatives, employees or subcontractors.

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

1. Commercial General Liability Policy: CONTRACTOR 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. CONTRACTOR’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 CONTRACTOR’s insurance and shall not contribute with it.

2. Automobile Liability Coverage. CONTRACTOR 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). CONTRACTOR shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by CONTRACTOR, 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: CONTRACTOR covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq.

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

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

If CONTRACTOR 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 CONTRACTOR. 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 CONTRACTOR and operations of CONTRACTOR, premises owned, occupied, or used by CONTRACTOR. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers.

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

2. Primary Coverage. CONTRACTOR’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 CONTRACTOR’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. CONTRACTOR 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 CONTRACTOR under this Agreement are subcontracted to a third party. CONTRACTOR shall include all of the provisions of this Section in all such subcontracts as obligations of the subcontractor.

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MAINTENANCE SERVICES AGREEMENT
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THIS AGREEMENT (“Agreement”) is entered into on July 1, 2025 between the City of Concord, a California municipal corporation (“CITY”) and Mountain F Enterprises, Inc., a Corporation, 950 Iron Point Rd. #210, Folsom, CA 95630 (“CONTRACTOR”).

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

The CITY desires to contract with
CONTRACTOR to provide the 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, 2025 and expire on June 30, 2030.
(OPTIONAL) A. Extension of Term. Upon mutual written agreement by the parties, the term of this Agreement may be extended for three (3) additional period(s) of one (1) year(s) each commencing upon the expiration of the then current term, subject to the same terms and conditions of this Agreement.

Either CITY or CONTRACTOR shall give written notice of its request for extension to the other party’s authorized representative, as identified in Section 4 below, at least thirty (30) days prior to expiration of the then -current term. The extension(s) sha ll be subject to CITY’s approval, including based on review of CONTRACTOR’s performance under this Agreement. Any extension must be pursuant to 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, CONTRACTOR shall perform the services described in detail in Exhibit A, “Scope of Services.” CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT.

Attachment 2

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A. Compensation. The compensation to be paid to CONTRACTOR including payment for services and reimbursable expenses, shall be at the rate and schedules described in detail in Exhibit A. However, in no event shall the amount CITY pays CONTRACTOR exceed Two Million dollars ($2,000,000). Any increase to this compensation amount must be mutually agreed to in writing pursuant to Section 5 below, and may require City Council approval.

CONTRACTOR 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 CONTRACTOR 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.

B. Prevailing Wages. The services to be provided hereunder are subject to prevailing wage rate payment as set forth in California Labor Code Section 1771. Accordingly, CONTRACTOR shall comply with all California Labor Code requirements pertaining to "public works," including the payment of prevailing wages in connection with the services to be provided hereunder (collectively, “Prevailing Wage Policies”). CONTRACTOR shall submit, upon request by the CITY, certified copies of payroll records to CITY and shall maintain and make such records available to CITY for inspection and copying during regular business hours at a location within the City of Concord.

CONTRACTOR shall defend, indemnify and hold harmless CITY and its officers, officials, agents, employees and volunteers (collectively, "Indemnitees") from and against any and all present and future liabilities, obligations, orders, claims, damages, fines, penalties and expenses (including attorneys' fees and costs) (collectively, "Claims"), arising out of or in any way connected with CONTRACTOR's obligation to comply with all laws with respect to the work of improvements or Prevailing Wage Policies, including all Claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code sections 1726 and 1781, as amended and added by Senate Bill 966.

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CONTRACTOR hereby waives, releases and discharges forever the Indemnitees from any and all present and future Claims arising out of or in any way connected with CONTRACTOR's obligation to comply with all laws with respect to the work of improvements and Prevailing Wage Policies.

CONTRACTOR is aware of and familiar with the provisions of California Civil Code Section 1542 which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” As such relates to this Section 3.B, CONTRACTOR hereby waives and relinquishes all rights and benefits which it may have under California Civil Code Section 1542. The obligations of CONTRACTOR under this Section 3.B shall survive the termination of this Agreement.

4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONTRACTOR in all matters pertaining to the services to be ordered by CITY or rendered by CONTRACTOR under this Agreement except where approval for the CITY is specifically required by the CITY Council. The CITY’s authorized representative is Kit Jory, Parks Manager of the Department of Public Works. The CONTRACTOR’s authorized representative is Jim Finney, District Manager/Chief Estimator.

5. AMENDMENT TO AGREEMENT. This Agreement may be amended or modified only by a writing duly executed by authorized representatives of both parties, and made and approved in compliance with the CITY’s Municipal Code.

A. Amendment to Scope of Services. If CITY requests services other than as described in the Scope of Services, the amendment shall set forth the changes to the Scope of Services, any change in the performance time schedule, and any change in the compensation described in Section 3, above.

B. 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 CONTRACTOR not to exceed the Minimum Threshold, including the base contract amount, throughout the term of this Agreement. “Minimum

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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 CONTRACTOR that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.

C. Waiver. CONTRACTOR’s f ailure 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 CONTRACTOR, its officers, agents, employees, consultants, subconsultants, experts, contractors 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 CONTRACTOR performs this Agreement and shall only dictate the results of the performance. CONTRACTOR shall not represent that CONTRACTOR or its officers, agents, employees, consultants, subconsultants, experts, contractors or subcontractors are agents or employees of the CITY, and CONTRACTOR 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, CONTRACTOR shall not be eligible for any benefits, which the CITY may provide to its employees and all persons, if any, hired by CONTRACTOR shall be employees or subcontractors of CONTRACTOR and shall not be construed as employees or agents of the CITY in any respect. CONTRACTOR shall receive no premium or enhanced pay for work normally understood as overtime, e.g., hours that exceed forty (40) hours per work week, or work performed during non-standard business hours, such as in the evenings or on weekends.

CONTRACTOR shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONTRACTOR shall not receive paid time off for days not worked, whether it be in the

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form of sick leave, administrative leave, or for any other form of absence. CONTRACTOR 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 CONTRACTOR.

7. STANDARD OF PERFORMANCE. CONTRACTOR represents and warrants to CITY that CONTRACTOR 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. CONTRACTOR further agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.

8. PERFORMANCE BY CONTRACTOR. CONTRACTOR shall not delegate its duties to, or employ, others (including consultants, subconsultants, experts, contractors, or subcontractors) 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 CONTRACTOR.

CONTRACTOR hereby designates CONTRACTOR’S representative as the person primarily responsible for the day-to-day performance of CONTRACTOR'S work under this Agreement.

CONTRACTOR shall not change CONTRACTOR’S representative without the prior written consent of the CITY. Unless otherwise expressly agreed by the CITY, CONTRACTOR'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 . “ Work Materials ” means any and all finished and unfinished plans, specifications, maps, estimates, manuscripts, drawings, descriptions, reports, other written, recorded, photographic, visual materials, documents, data, deliverables, and other work products prepared or furnished by or for CONTRACTOR pursuant to this Agreement. CONTRACTOR shall deliver copies of all Work Materials to CITY u pon project completion or other termination of this Agreement (see Section 16 below). The CITY reserves the right to specify the file format that electronic Work Materials are presented to the CITY. CITY shall not

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have access to, control of, or actual or constructive possession of, the Work Materials prior to project completion or Agreement expiration or termination.

Work Materials are instruments of CONTRACTOR’s services in respect to this project, and 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 CONTRACTOR for the specific purposes intended will be at user’s sole risk and without liability or legal exposure and expenses to CONTRACTOR, including attorney’s fees arising out of such unauthorized reuse. Notwithstanding the foregoing, basic survey notes and sketches, charts, computations, and other data prepared or obtained under this Agreement shall have no restriction or limitations on their use.

CONTRACTOR shall not disclose or discuss any Work Materials or other information gathered, discussed or generated in any way through this Agreement without the written permission of CITY, unless required by law.

10. INDEMNIFICATION.

A. For Construction Services Only. CONTRACTOR agrees to and shall defend (with independent counsel approved by the CITY), indemnify and hold harmless the CITY, its officers, officials, agents, employees 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) that may at any time arise or be set up because of damages to property, or of personal injury received by reason of or in the course of performing work, which may be occasioned by any willful or negligent act or omission of the CONTRACTOR, any of the CONTRACTOR’s employees, or any subcontractor.

B. For All Other Services. The following obligations are in addition to those imposed by applicable provisions of the Concord Municipal Code. CONTRACTOR agrees to and shall defend (with independent counsel approved by the CITY), indemnify and hold harmless the CITY, its officers, officials, agents, employees 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 or connected in any way with CONTRACTOR’s performance, non- performance, breach, or default, or any subconsultant’s, expert’s, contractor’s, or subcontractor’s

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performance, non- performance, breach, or default, under the terms of this Agreement. This indemnification obligation on CONTRACTOR’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. This Section 10 shall survive expiration or other termination of this Agreement.

11. INSURANCE. CONTRACTOR 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 CONTRACTOR, and CONTRACTOR shall immediately cease performance.

All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONTRACTOR shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONTRACTOR shall not receive any payment for services, or expenses.

14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate this Agreement upon five (5) days written notice if CONTRACTOR breaches this Agreement. In the event of any termination, CONTRACTOR shall promptly deliver to the CITY any and all 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 CONTRACTOR for the services which the CITY determines were satisfactorily performed as of the effective date of the termination.

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

A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONTRACTOR 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.

CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR of CONTRACTOR’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. CONTRACTOR 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 CONTRACTOR’s performance of services under this Agreement. CONTRACTOR further covenants that in the performance of this 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.

CONTRACTOR 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. CONTRACTOR is not a designated employee within the meaning of the Political Reform Act because CONTRACTOR:

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(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. CONTRACTOR 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, and permits for the conduct of its business and the performance of the services.

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

19. NON-WAIVER. The waiver by either party of any breach of any term, covenant, or condition contained in this Agreement, or any default in their performance of any obligations under this 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 this Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONTRACTOR shall negotiate an equitable adjustment in the provisions of this Agreement with a view toward affecting the purpose of this Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of this Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of this 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

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drafting the language to be interpreted. The words “include” and “including” shall be interpreted as though followed by the words “without limitation.”

21. INTEGRATION. The recitals and any exhibits attached to this Agreement are incorporated by reference as though fully restated herein. This 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 CONTRACTOR and CITY, whether oral or written. In the event of any conflict or other inconsistency between the provisions of this Agreement (disregarding any exhibits) on the one hand, and any exhibits hereto (including any Request for Bids, Request for Proposal, or similar documents, responses to the same, terms and conditions, sample agreements, sample purchase orders, or other attachments thereto) or any purchase order issued in connection with this Agreement, on the other hand, the provisions of this Agreement (disregarding any exhibits) shall control.

22. SUCCESSORS AND ASSIGNS: NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE. CITY and CONTRACTOR respectively, bind themselves, their successors, assigns, and legal representatives to the terms and obligations of this Agreement. CONTRACTOR shall not assign or transfer any interest in this 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. CONTRACTOR, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.

23. FINANCIAL RECORDS. Records of CONTRACTOR’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 first class United States mail, postage prepaid, return receipt requested, or by personal delivery to the CITY’s address as shown below, or such other places as

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CITY or CONTRACTOR may, from time to time, respectively, designate in a written notice given to the other. Notices shall be deemed effectively served upon deposit in the United States Mail, or upon personal delivery.

To CITY: Kit Jory,
Parks Manager
City of Concord
1455 Gasoline Alley
Concord, CA 94520
Telephone : (925) 925-671-3385
Email: [email protected]

To CONTRACTOR: Jim Finney,
District Manager/Chief Estimator
Mountain F Enterprises, Inc.
950 Iron Point Rd. #210
Folsom, CA 95630
Telephone : (707) 775-7577
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 CONTRACTOR or otherwise in the event of any default or breach of the CITY, or for any amount which may become due to CONTRACTOR or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.

26. EXECUTION; COUNTERPARTS. Each individual or entity executing this Agreement on behalf of CONTRACTOR represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of CONTRACTOR and that such execution is binding upon CONTRACTOR. 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.
[Signatures follow on next page]

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

CONTRACTOR
: CITY:

Mountain F Enterprises, Inc., City of Concord,
a Corporation a California municipal corporation

By:_________________________________
By:______________________________
Name: Jim Finney Name: Valerie J. Barone
Title: District Manager/Chief Estimator Title City Manager Address: 950 Iron Point Rd. #210 Address: 1950 Parkside Drive Folsom,CA 95630 Concord, CA 94519
Telephone: (707)-775-7577 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 2025-2030 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $2,000,000. Account Code Line 1: Account Code 10057101Z01-63800-400 = $200,000 Line 2: Account Code 26457101Z01-63800-400 = $100,000
Line 3: Account Code 21057201Z01-63800-400 = $50,000
Line 4: Account Code 27054101Z01-63800-400 = $50,000 Total of $400,000 per Fiscal Year.

Finance Director's Signature

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EXHIBIT “B”

CONTRACTOR
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 CONTRACTOR, their agents, representatives, employees or subcontractors.

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

1. Commercial General Liability Policy: CONTRACTOR 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. CONTRACTOR’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 CONTRACTOR’s insurance and shall not contribute with it.

2. Automobile Liability Coverage. CONTRACTOR 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). CONTRACTOR shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by CONTRACTOR, 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: CONTRACTOR covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq.

CONTRACTOR 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 CONTRACTOR that CONTRACTOR has no employees.

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If CONTRACTOR 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 CONTRACTOR. 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 CONTRACTOR and operations of CONTRACTOR, premises owned, occupied, or used by CONTRACTOR. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers.

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

2. Primary Coverage. CONTRACTOR’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 CONTRACTOR’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. CONTRACTOR 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 CONTRACTOR under this Agreement are subcontracted to a third party. CONTRACTOR shall include all of the provisions of this Section in all such subcontracts as obligations of the subcontractor.

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Exhibit A to Attachment 2

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MAINTENANCE SERVICES AGREEMENT
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THIS AGREEMENT (“Agreement”) is entered into on July 1, 2025 between the City of Concord, a California municipal corporation (“CITY”) and SavATree, LLC, a Limited Liability Corporation, 4991 Pacheco Blvd., Martinez, CA 94553 (“CONTRACTOR”).

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

The CITY desires to contract with
CONTRACTOR to provide the 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, 2025 and expire on June 30, 2030.
(OPTIONAL) A. Extension of Term. Upon mutual written agreement by the parties, the term of this Agreement may be extended for three (3) additional period(s) of one (1) year(s) each commencing upon the expiration of the then current term, subject to the same terms and conditions of this Agreement.

Either CITY or CONTRACTOR shall give written notice of its request for extension to the other party’s authorized representative, as identified in Section 4 below, at least thirty (30) days prior to expiration of the then -current term. The extension(s) sha ll be subject to CITY’s approval, including based on review of CONTRACTOR’s performance under this Agreement. Any extension must be pursuant to 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, CONTRACTOR shall perform the services described in detail in Exhibit A, “Scope of Services.” CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT.

Attachment 3

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A. Compensation. The compensation to be paid to CONTRACTOR including payment for services and reimbursable expenses, shall be at the rate and schedules described in detail in Exhibit A. However, in no event shall the amount CITY pays CONTRACTOR exceed One Million, One Hundred and Twenty Five Thousand dollars ($1,125,000). Any increase to this compensation amount must be mutually agreed to in writing pursuant to Section 5 below, and may require City Council approval.

CONTRACTOR 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 CONTRACTOR 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.

B. Prevailing Wages. The services to be provided hereunder are subject to prevailing wage rate payment as set forth in California Labor Code Section 1771. Accordingly, CONTRACTOR shall comply with all California Labor Code requirements pertaining to "public works," including the payment of prevailing wages in connection with the services to be provided hereunder (collectively, “Prevailing Wage Policies”). CONTRACTOR shall submit, upon request by the CITY, certified copies of payroll records to CITY and shall maintain and make such records available to CITY for inspection and copying during regular business hours at a location within the City of Concord.

CONTRACTOR shall defend, indemnify and hold harmless CITY and its officers, officials, agents, employees and volunteers (collectively, "Indemnitees") from and against any and all present and future liabilities, obligations, orders, claims, damages, fines, penalties and expenses (including attorneys' fees and costs) (collectively, "Claims"), arising out of or in any way connected with CONTRACTOR's obligation to comply with all laws with respect to the work of improvements or Prevailing Wage Policies, including all Claims that may be made by contractors, subcontractors or

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other third party claimants pursuant to Labor Code sections 1726 and 1781, as amended and added by Senate Bill 966.

CONTRACTOR hereby waives, releases and discharges forever the Indemnitees from any and all present and future Claims arising out of or in any way connected with CONTRACTOR's obligation to comply with all laws with respect to the work of improvements and Prevailing Wage Policies.

CONTRACTOR is aware of and familiar with the provisions of California Civil Code Section 1542 which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” As such relates to this Section 3.B, CONTRACTOR hereby waives and relinquishes all rights and benefits which it may have under California Civil Code Section 1542. The obligations of CONTRACTOR under this Section 3.B shall survive the termination of this Agreement.

4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONTRACTOR in all matters pertaining to the services to be ordered by CITY or rendered by CONTRACTOR under this Agreement except where approval for the CITY is specifically required by the CITY Council. The CITY’s authorized representative is Kit Jory, Parks Manager of the Department of Public Works. The CONTRACTOR’s authorized representative is Ben Stevie, Chief Operating Officer.

5. AMENDMENT TO AGREEMENT. This Agreement may be amended or modified only by a writing duly executed by authorized representatives of both parties, and made and approved in compliance with the CITY’s Municipal Code.

A. Amendment to Scope of Services. If CITY requests services other than as described in the Scope of Services, the amendment shall set forth the changes to the Scope of Services, any change in the performance time schedule, and any change in the compensation described in Section 3, above.

B. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including

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amendments providing for additional compensation to CONTRACTOR 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 CONTRACTOR that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.

C. Waiver. CONTRACTOR’s f ailure 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 CONTRACTOR, its officers, agents, employees, consultants, subconsultants, experts, contractors 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 CONTRACTOR performs this Agreement and shall only dictate the results of the performance. CONTRACTOR shall not represent that CONTRACTOR or its officers, agents, employees, consultants, subconsultants, experts, contractors or subcontractors are agents or employees of the CITY, and CONTRACTOR 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, CONTRACTOR shall not be eligible for any benefits, which the CITY may provide to its employees and all persons, if any, hired by CONTRACTOR shall be employees or subcontractors of CONTRACTOR and shall not be construed as employees or agents of the CITY in any respect. CONTRACTOR shall receive no premium or enhanced pay for work normally understood as overtime, e.g., hours that exceed forty (40) hours per work week, or work performed during non-standard business hours, such as in the evenings or on weekends.

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CONTRACTOR shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR.

7. STANDARD OF PERFORMANCE. CONTRACTOR represents and warrants to CITY that CONTRACTOR 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. CONTRACTOR further agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.

8. PERFORMANCE BY CONTRACTOR. CONTRACTOR shall not delegate its duties to, or employ, others (including consultants, subconsultants, experts, contractors, or subcontractors) 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 CONTRACTOR.

CONTRACTOR hereby designates CONTRACTOR’S representative as the person primarily responsible for the day-to-day performance of CONTRACTOR'S work under this Agreement.

CONTRACTOR shall not change CONTRACTOR’S representative without the prior written consent of the CITY. Unless otherwise expressly agreed by the CITY, CONTRACTOR'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 . “ Work Materials ” means any and all finished and unfinished plans, specifications, maps, estimates, manuscripts, drawings, descriptions, reports, other written, recorded, photographic, visual materials, documents, data, deliverables, and other work products prepared or furnished by or for CONTRACTOR pursuant to this Agreement. CONTRACTOR shall deliver copies of all Work Materials to CITY u pon project

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completion or other termination of this Agreement (see Section 16 below). The CITY reserves the right to specify the file format that electronic Work Materials are presented to the CITY. CITY shall not have access to, control of, or actual or constructive possession of, the Work Materials prior to project completion or Agreement expiration or termination.

Work Materials are instruments of CONTRACTOR’s services in respect to this project, and 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 CONTRACTOR for the specific purposes intended will be at user’s sole risk and without liability or legal exposure and expenses to CONTRACTOR, including attorney’s fees arising out of such unauthorized reuse. Notwithstanding the foregoing, basic survey notes and sketches, charts, computations, and other data prepared or obtained under this Agreement shall have no restriction or limitations on their use.

CONTRACTOR shall not disclose or discuss any Work Materials or other information gathered, discussed or generated in any way through this Agreement without the written permission of CITY, unless required by law.

10. INDEMNIFICATION.

A. For Construction Services Only. CONTRACTOR agrees to and shall defend (with independent counsel approved by the CITY), indemnify and hold harmless the CITY, its officers, officials, agents, employees 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) that may at any time arise or be set up because of damages to property, or of personal injury received by reason of or in the course of performing work, which may be occasioned by any willful or negligent act or omission of the CONTRACTOR, any of the CONTRACTOR’s employees, or any subcontractor.

B. For All Other Services. The following obligations are in addition to those imposed by applicable provisions of the Concord Municipal Code. CONTRACTOR agrees to and shall defend (with independent counsel approved by the CITY), indemnify and hold harmless the CITY, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s fees and other litigation

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expenses) arising out of or connected in any way with CONTRACTOR’s performance, non- performance, breach, or default, or any subconsultant’s, expert’s, contractor’s, or subcontractor’s performance, non- performance, breach, or default, under the terms of thi s Agreement. This indemnification obligation on CONTRACTOR’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. This Section 10 shall survive expiration or other termination of this Agreement.

11. INSURANCE. CONTRACTOR 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 CONTRACTOR, and CONTRACTOR shall immediately cease performance.

All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONTRACTOR shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONTRACTOR shall not receive any payment for services, or expenses.

14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate this Agreement upon five (5) days written notice if CONTRACTOR breaches this Agreement. In the event of any termination, CONTRACTOR shall promptly deliver to the CITY any and all 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

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the Work Materials, CITY will pay CONTRACTOR for the services which the CITY determines were satisfactorily performed as of the effective date of the termination.

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

A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONTRACTOR 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.

CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR of CONTRACTOR’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. CONTRACTOR 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 CONTRACTOR’s performance of services under this Agreement. CONTRACTOR further covenants that in the performance of this 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.

CONTRACTOR 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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B. CONTRACTOR is not a designated employee within the meaning of the Political Reform Act because CONTRACTOR:
(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. CONTRACTOR 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, and permits for the conduct of its business and the performance of the services.

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

19. NON-WAIVER. The waiver by either party of any breach of any term, covenant, or condition contained in this Agreement, or any default in their performance of any obligations under this 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 this Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONTRACTOR shall negotiate an equitable adjustment in the provisions of this Agreement with a view toward affecting the purpose of this Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of this Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of this Agreement. This Agreement

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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. The words “include” and “including” shall be interpreted as though followed by the words “without limitation.”

21. INTEGRATION. The recitals and any exhibits attached to this Agreement are incorporated by reference as though fully restated herein. This 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 CONTRACTOR and CITY, whether oral or written. In the event of any conflict or other inconsistency between the provisions of this Agreement (disregarding any exhibits) on the one hand, and any exhibits hereto (including any Request for Bids, Request for Proposal, or similar documents, responses to the same, terms and conditions, sample agreements, sample purchase orders, or other attachments thereto) or any purchase order issued in connection with this Agreement, on the other hand, the provisions of this Agreement (disregarding any exhibits) shall control.

22. SUCCESSORS AND ASSIGNS: NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE. CITY and CONTRACTOR respectively, bind themselves, their successors, assigns, and legal representatives to the terms and obligations of this Agreement. CONTRACTOR shall not assign or transfer any interest in this 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. CONTRACTOR, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.

23. FINANCIAL RECORDS. Records of CONTRACTOR’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.

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24. NOTICES. All notices required hereunder shall be in writing and mailed postage prepaid by certified or registered first class United States mail, postage prepaid, return receipt requested, or by personal delivery to the CITY’s address as shown below, or such other places as CITY or CONTRACTOR may, from time to time, respectively, designate in a written notice given to the other. Notices shall be deemed effectively served upon deposit in the United States Mail, or upon personal delivery.

To CITY: Kit Jory,
Parks Manager
City of Concord
1455 Gasoline Alley
Concord, CA
94520
Telephone : (925) 925-671-3385
Email: [email protected]

To CONTRACTOR: Ben Stevie,
Chief Operating Officer
SavATree, LLC
4991 Pacheco Blvd.

Martinez, CA 94553
Telephone : (888) 969-8733
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 CONTRACTOR or otherwise in the event of any default or breach of the CITY, or for any amount which may become due to CONTRACTOR or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.

26. EXECUTION; COUNTERPARTS. Each individual or entity executing this Agreement on behalf of CONTRACTOR represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of CONTRACTOR and that such execution is binding upon CONTRACTOR. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

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[Signatures follow on next page]

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

CONTRACTOR
: CITY:

SavATree, LLC, City of Concord,
a Limited Liability Corporation a California municipal corporation

By:_________________________________
By:______________________________
Name: Ben Stevie Name: Valerie J. Barone
Title: Chief Operating Officer Title City Manager
Address: 4991 Pacheco Blvd. Address: 1950 Parkside Drive Martinez,CA 94553 Concord, CA 94519
Telephone: (888)-969-8733 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 2025-2030 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $1,125,000. Account Code Line 1: Account Code 10057101Z01-63800-400 = $25,000 Line 2: Account Code 26457101Z01-63800-400 = $200,000 Total of $225,000 Per Fiscal Year.

Finance Director's Signature

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EXHIBIT “B”

CONTRACTOR
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 CONTRACTOR, their agents, representatives, employees or subcontractors.

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

1. Commercial General Liability Policy: CONTRACTOR 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. CONTRACTOR’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 CONTRACTOR’s insurance and shall not contribute with it.

2. Automobile Liability Coverage. CONTRACTOR 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). CONTRACTOR shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by CONTRACTOR, 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: CONTRACTOR covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq.

CONTRACTOR 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 CONTRACTOR that CONTRACTOR has no employees.

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If CONTRACTOR 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 CONTRACTOR. 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 CONTRACTOR and operations of CONTRACTOR, premises owned, occupied, or used by CONTRACTOR. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers.

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

2. Primary Coverage. CONTRACTOR’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 CONTRACTOR’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. CONTRACTOR 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 CONTRACTOR under this Agreement are subcontracted to a third party. CONTRACTOR shall include all of the provisions of this Section in all such subcontracts as obligations of the subcontractor.

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CITY OF CONCORD - REQUEST FOR QUALIFICATIONS
RFQ/P PW013125 PUBLIC WORKS DEPARTMENT

ON-CALL TREE MAINTENANCE
EXHIBIT C – COST PROPOSAL
It is currently unknown how, when, or how often we will exercise the use of this contract. It will be used strictly be as needed . The length of the contract and the total amount of the contract is unknown as total contract amount may be combined or separated based on best prices and operat ional need.

Task 1: Park/Open Space(OS)/Trail Scheduled Maintenance Unit /Hourly Rate Description Unit Size Unit Price
Young Tree
Care/Watering
0 - 3 years after
planting
Park/OS/Trail Pruning 0 to 6" DSH
Park/OS/Trail Pruning 7 to 12" DSH
Park/OS/Trail Pruning 13 to 24" DSH
Park/OS/Trail Pruning 25 to 36" DSH
Park/OS/Trail Pruning 37 to 48" DSH
Park/OS/Trail Pruning 48" or More DSH
Vegetation/Brush Clearing Per Acre
Palm Pruning Any size/species
Tree Removal 0 to 6" DSH
Tree Removal 7 to 12" DSH
Tree Removal 13 to 24" DSH
Tree Removal 25 to 36" DSH
Tree Removal 37 to 48" DSH
Tree Removal 48" or More DSH
Stump Grinding 0 to 6" DSH
Stump Grinding 7 to 12" DSH
Stump Grinding 13 to 24" DSH
Stump Grinding 25 to 36" DSH
Stump Grinding 37 to 48" DSH
Stump Grinding 48" or More DSH
Tree Planting Up to 15 Gal.
200
1200
50 250
750
1500
3900
2500
50 150
500
700
300
250
350
35 50
110
150
150
300
500
Exhibit A to Attachment 3

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CITY OF CONCORD - REQUEST FOR QUALIFICATIONS
RFQ/P PW013125 PUBLIC WORKS DEPARTMENT

ON-CALL TREE MAINTENANCE
EXHIBIT C – COST PROPOSAL
Tree Planting 24" Box
Tree Planting 36" Box
Tree Planting 48" Box
Tree Planting 60" Box or More
Task 2: Street/Program Pruning Scheduled Maintenance Unit/Hourly Rate Description Unit Size Unit Price
Young Tree
Care/Watering
0 - 3 years after
planting
Program Pruning 0 to 6" DSH
Program Pruning 7 to 12" DSH
Program Pruning 13 to 24" DSH
Program Pruning 25 to 36" DSH
Program Pruning 37 to 48" DSH
TASK 1: SCHEDULED WORK (PARK/OS/TRAILS): PERSONNEL WEEKLY RATES Title Description
Hourly Regular
Time* Rate
($/hr.)
Hours
Extended
Hours
(Weekly)
1 Tree Services
Forema n
All work, both field and office,
subject to his approval and direction $___140_______ 40 $___140_________ 2 Tree Services -
Trimmer
Prima ry duties a re to perform tree
cutting and cabling from tree or
bucket a eria l lift.
$___130_______ 40 $____140________
3 Tree Services
– Grounds
men
Setting up perimeter around work
area. Protect Job Site. Perform
Traffic Control.
$___110____ 40 $____140________
4 Arborist
Assessments
& Reports
All work, both field and office,
subject to his approval and
direction. All report and work
product work included in rate.
$___300_____ ____1______
*Minimum
Hours
$___300_________
5 Cra ne Use Prima ry duties a re to perform cra ne
operation and must include all
equipment costs.
$___1500_____ ____5______
*Minimum
Hours
$_____7500_______
TOTAL
PERSONNEL COST ESTIMATE $
500
1000
2900
4200
50 75
120
320
540
35 8220

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CITY OF CONCORD - REQUEST FOR QUALIFICATIONS
RFQ/P PW013125 PUBLIC WORKS DEPARTMENT

ON-CALL TREE MAINTENANCE
EXHIBIT C – COST PROPOSAL
Program Pruning 48" or More DSH
Program Palm Pruning Any size/species
Tree Removal 0 to 6" DSH
Tree Removal 7 to 12" DSH
Tree Removal 13 to 24" DSH
Tree Removal 25 to 36" DSH
Tree Removal 37 to 48" DSH
Tree Removal 48" or More DSH
Stump Grinding 0 to 6" DSH
Stump Grinding 7 to 12" DSH
Stump Grinding 13 to 24" DSH
Stump Grinding 25 to 36" DSH
Stump Grinding 37 to 48" DSH
Stump Grinding 48" or More DSH
Tree Planting Up to 15 Gal.

Tree Planting 24" Box
Tree Planting 36" Box
Tree Planting 48" Box
Tree Planting 60" Box or More
TASK 2: SCHEDULED WORK (STREET/PROGRAM PRUNING): PERSONNEL RATES Title Description
Hourly Regular
Time* Rate
($/hr.)
Hours
Extended
Hours
(Weekly)
1 Tree Services
Forema n
All work, both field and office,
subject to his approval and direction $___140_____ 40 $___140_________ 2 Tree Services -
Trimmer
Prima ry duties a re to perform tree
cutting and cabling from tree or
bucket a eria l lift.
$___130_________ 40 $____140________
3 Tree Services
– Grounds
men
Setting up perimeter around work
area. Protect Job Site. Perform
Traffic Control.
$___110_________
40 $___140_________
4 Arborist
Assessments
& Reports
All work, both field and office,
subject to his approval and
direction. All report and work
product work included in rate.
$___300_________ ___1_______
*Minimum
Hours
$____300________
1400
250
300
100
3000
2500
2000
900
400
1400
1000
700
500
300
170
500
4900
2900
1000

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CITY OF CONCORD - REQUEST FOR QUALIFICATIONS
RFQ/P PW013125 PUBLIC WORKS DEPARTMENT

ON-CALL TREE MAINTENANCE
EXHIBIT C – COST PROPOSAL
Task 3: Unscheduled /Emergency Maintenance Hourly/Weekly Rate Description Unit Size Unit Price
Call-Out Pruning 0 to 6" DSH
Call-Out Pruning 7 to 12" DSH
Call-Out Pruning 13 to 24" DSH
Call-Out Pruning 25 to 36" DSH
Call-Out Pruning 37 to 48" DSH
Call-Out Pruning 48" or More DSH
Call-Out Palm Pruning Any size/species
Tree Removal 0 to 6" DSH
Tree Removal 7 to 12" DSH
Tree Removal 13 to 24" DSH
Tree Removal 25 to 36" DSH
Tree Removal 37 to 48" DSH
Tree Removal 48" or More DSH
5 Cra ne Use Prima ry duties a re to perform cra ne
operation and must include all
equipment costs.
$___1500______ ___5_______
*Minimum
Hours
$__7500__________
TOTAL
PERSONNEL COST ESTIMATE $
TASK 3: UNSCHEDULED/EMERGENCY WORK: PERSONNEL RATES
Title Description
Hourly Regular
Time* Rate
($/hr.)
Minimum
Hourly Charge
Extended
Hours
1 Tree Services
Forema n
All work, both field and office,
subject to his approval and direction $__145_______ __1___ $__186_________ 2 Tree Services -
Trimmer
Prima ry duties a re to perform tree
cutting and cabling from tree or
bucket a eria l lift.
$__130_______ __1___ $___186________
3 Tree Services
– Grounds
men
Setting up perimeter around work
area. Protect Job Site. Perform
Traffic Control.
$__110_____
___1____
$____186________
100
200
300
400
700
2000
300
150
550
700
1200
2800
4600
8220

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CITY OF CONCORD - REQUEST FOR QUALIFICATIONS
RFQ/P PW013125 PUBLIC WORKS DEPARTMENT

ON-CALL TREE MAINTENANCE
EXHIBIT C – COST PROPOSAL
*Hourly regular time is defined as Monday – Friday, 8:00 AM – 6:00 PM. Contractor is to include costs of all equipment necess ary to complete all tree maintenance activities with the exception of crane work. Weekly Rate is defined as a 3- person crew consisting of adequate staff necessary to conduct all tree work. A typical 3-person crew might consist of a Tree Trimmer, Ground Person, and Equipment Operator. Contractor is to include costs of all equipment necess ary to complete all tree maintenance activities with the exception of crane work.

END OF EXHIBIT – COST PROPOSAL
4 Arborist
Assessments
& Reports
All work, both field and office,
subject to his approval and
direction. All report and work
product work included in rate.
$___400______ ___1_______
*Minimum
Hours
$___400_________
5 Cra ne Use Prima ry duties a re to perform cra ne
operation and must include all
equipment costs.
$__1500______ ____5______
*Minimum
Hours
$___7500_________
TOTAL

PERSONNEL COST ESTIMATE

$ 8458

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Staff Report
Date: April 22, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Joelle Fockler, MMC, City Clerk
Prepared by: Monique Robinson, Deputy City Clerk
[email protected]
(925) 671-3295
Subject: Considering appointment of incumbents Cedric Cheng and Lance LeDrew to the Concord Pavilion Community Outreach Committee for four-year terms ending February 28, 2029, as recommended by the Council Committee on Recreation,
Cultural Affairs, and Community Services
(Nakamura/Benavente).

Report in Brief
Considering appointment of incumbents Cedric Cheng and Lance LeDrew to the Concord Pavilion Community Outreach Committee for four-year terms ending February 28, 2029, as recommended by the Council Committee on Recreation, Cultural Affairs, and Community Services (Nakamura/Benavente).

Recommended Action
Appoint incumbents Cedric Cheng and Lance LeDrew to the Concord Pavilion Community Outreach Committee for four-year terms ending February 28, 2029, as recommended by the Council Committee on Recreation, Cultural Affairs, and Community Services (Nakamura/Benavente).

Background
In accordance with Policy and Procedure No. 89, openings on the Concord Pavilion Community Outreach Committee were announced on December 3, 2024, with a deadline of Friday, January 10, 2025, at 5 p.m. for receipt of applications by the City Clerk.

4.h4.h4.h4.h

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City Council Agenda Report
Agenda Item No. 4.h
April 22, 2025
The role of the Concord Pavilion Community Outreach Committee is to provide guidance to the Pavilion General Manager on outreach efforts to attract applications from local schools, cultural organizations and the community to bring additional community events to the Pavilion which will expand the use of the venue beyond the concert season. The Committee will assist the Pavilion General Manager in identifying potential community events but will not have authority to approve or disapprove event applications. The Committee will be responsible for assigning a Committee member to take notes of Committee meetings and complete a record of annotated minutes. The Committee shall determine the frequency of its meetings, which shall be not more than once per quarter and will not conflict with Pavilion events.

A total of six (6) applications were received, including incumbents Cedric Cheng and Lance LeDrew. The six (6) qualified applicants included: Jayne Lecky, Dave Hughes, Lance LeDrew, Carlos Montalvo, Cedric Cheng, and Jane Mazenko. Interviews were conducted by the Council Committee on Recreation, Cultural Affairs and Community Services on April 9, 2025, and all applicants were interviewed except Carlos Montalvo, who is recommended for appointment to the Bicycle & Pedestrian Advisory Committee.

The Council Committee on Recreation, Cultural Affairs and Community Services recommends the appointment of incumbents Cedric Cheng and Lance LeDrew to serve on the Concord Pavilion Community Outreach Committee for four-year terms ending February 28, 2029.

Public Contact
The City Council Agenda was posted.

Attachments

1. Applicant Summary

2. Application Packet

3. Description of Concord Pavilion Community Outreach Committee

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Attachment 1
Concord Pavilion Community Outreach Committee
Applicant Summary
Applicant

1. Jayne Lecky

2. Dave Hughes

3. *Lance LeDrew

4. Carlos Montalvo

5. *Cedric Cheng

6. Jane Mazenko
*Incumbent

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Application
Attachment 2

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Submit Date: Jan 02, 2025
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
2 Number of years in Concord:
2 Number of years in the county:
20 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Concord Pavilion Community Outreach Committee: Submitted Jayne Lecky
San Ramon Valley Unified
School District
Secondary Art & Science
Teacher Teacher
Jayne Lecky

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Question applies to multiple boards
Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment:

As stated above, my skills are many in public program administration. I am proud that every position I have held has resulted in positive change. I have worked for the City of Oakland's public programs in resource conservation. I have been a public school teacher for 16 years in Art & Science. I have collaborated with such organizations and businesses as the Monterey Bay Aquarium, Contra Costa County of Education, KQED & PBS Education, the UC Berkeley/UC Davis Climate Change Professional Learning Community and many more. I am an Elks Lodge member and help to coordinate public service outreach programs. I am a certified PBS Digital Media Literacy instructor. I have taught art classes at Diablo Valley College. I perform with our student improv and drama classes. I am an expert public speaker, lesson planner and teacher.

Question applies to Concord Pavilion Community Outreach Committee Why do you believe the Council should appoint you to the Concord Pavilion Community Outreach Committee?
Since 1972, I have lived in the East Bay. I raised my children in Walnut Creek and recently moved to Concord. I am eager to be involved, to contribute, to help make my community a better place. I have attended many concerts at the Concord Pavilion: it is one of my favorite venues in Northern California. I believe the Concord Pavilion is an under utilized gem of arts, culture, and gathering. To be involved in helping to bring about more people of the community to enjoy this amazing space would be a personal and professional achievement of a lifetime.

Education and Training
High School
Berkeley High School Class of 1980
College
San Francisco State University BA Mass Communications 1990 Chapman University Teaching Credential in Secondary Visual and Performing Arts & Life Sciences 2009 Technicial/Vocational Training
PBS Digital Media Literacy Certified Teacher First Aid and CPR Trained Universal Life Church Ordained Minister
Certification or Other
Jayne Lecky

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Application

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Submit Date: Dec 04, 2024
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
13 Number of years in Concord:
13 Number of years in the county:
43 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Concord Pavilion Community Outreach Committee: Submitted Dave Hughes
Nixon Peabody LLP Lead Facilities Coordinator Facilities Dave Hughes

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Upload a Resume
Question applies to Concord Pavilion Community Outreach Committee Why do you believe the Council should appoint you to the Concord Pavilion Community Outreach Committee?
Building community through music is what I've been doing here in Concord since 2020. I conceptualized and created Concord Couch Concerts, the grassroots coalition of local musicians behind the successful virtual concert series during the pandemic, and the annual Singer Songwriter Sunday series in Todos Santos Plaza that followed the lockdown. I've been a volunteer DJ at 90.5 KVHS (Concord) since 2021, having showcased the original music of nearly 500 unique Bay Area acts across more than 150 episodes. I pen a monthly column for the Concord Clayton Pioneer focused entirely on local music. I've managed the music side of the 2023 and 2024 Art & Music Jam, which ultimately earned the City of Concord the prestigious Helen Putnam Award. In short, if this committee has any interest in furthering engagement with our community by way of local music, I'm confident that appointing me to CPCOC is the right choice.

Education and Training
High School
St. Joseph High School, Santa Maria CA (College Prep)
College
Allan Hancock College, Santa Maria CA (Associate's Degree; Music Theory) Technicial/Vocational Training
I've been informally trained in broadcasting by way of the current volunteer team managing KVHS.

Certification or Other
TERMS OF ACCEPTANCE and SIGNATURE
Dave Hughes

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Application

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Submit Date: Jan 05, 2025
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
8 Number of years in Concord:
8 Number of years in the county:
8 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Concord Pavilion Community Outreach Committee: Submitted Lance Ledrew
City of Palo Alto
Recreation Coordinator -
Special Events Administration
Lance Ledrew

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Question applies to multiple boards
If you are applying for more than one board, commission or committee please list your selections in priority order below. This will help the interviewing Council Committee know your preference when interviewing.

Concord Pavilion Community Outreach Committee Parks, Recreation and Open Space Commission
Question applies to multiple boards
Are you available for evening meetings?
Yes No
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Interests and Experience
Question applies to multiple boards
Please state your reason for applying, including qualifications for this position:

I believe my track record of successfully producing large scale events and festivals, paired with my experience as a Palo Alto city employee and familiarity with policies and procedures of city government, make me an ideal candidate for your open position/join your team. I believe the Concord Pavilion is a great space to showcase the cultural diversity of the City of Concord, and Contra Costa County through music and/or festivals. As a resident of Concord, I would be honored to be a part of a committee that helps attract remarkable events, creates a memorable gathering place, and fosters a strong sense of community for Concord and the surrounding area.

Question applies to multiple boards
Describe prior service on a board, commission, or any other community service or public body, indicate agency and explain what significant contributions you made:

I am currently a member of the Concord Pavilion Community Outreach Committee completing the second year of my first term. I would like to continue with committee for another term as I have been a part of planning for this year’s 50th anniversary celebrations Lance Ledrew

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Upload a Resume
Question applies to multiple boards
Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment:

As a former Tour Road Manager, I have many years of venue logistics, artist management, and producer skills. And as a former small business owner, I am experienced in budget planning and management, staffing, billing, and accounting practices. I provided special and large event lighting design and execution, and I am very familiar with various venues/types and set up requirements. In my current role for the city of Palo Alto, I have supported and led teams in the planning and management of various community events, and have held various positions in the Parks and Recreation department.

Question applies to Concord Pavilion Community Outreach Committee Why do you believe the Council should appoint you to the Concord Pavilion Community Outreach Committee?
Through my expertise in producing community events and festivals, I have many years of experience working with producers, artists, and city officials to develop programs which offer diversity and allow for local citizens and artists to “discover” one another. The city of Concord is a city “rich” in local musical talent and artists. I want to help bring the community together through entertainment.

Education and Training
High School
Received High School diploma, 1986. Edmonton, Alberta, Canada College
Graduated 1998, with a bachelor’s degree in Education. University of Alberta, Edmonton, Alberta, Canada
Technicial/Vocational Training
Certification or Other
Lance Ledrew

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TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Please Agree with the Following Statement
I acknowledge that by submitting this application the information provided will be published as part of the public record, and that the City will make every effort to ensure personal contact information is redacted. I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name Lance LeDrew
Lance Ledrew

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CITY OF PALO ALTO August 2022 to November 2023 Program Assistant II
Coordinated and monitored work assignments of temporary/volunteer staff; coordinated volunteer activities, scheduled appointments, screened calls; received visitors, and responded to inquiries.

Acted as liaison with City programs and managerial staff, contractors, community groups and local businesses associated with the assigned programs and projects; Responsibilities included conducting tours and workshops, and meeting attendance; Assisted with the development of the budget; monitored program budget, identified and analyzed trends; Provided regular and specialized reporting; Prepared and tracked payments, purchase requisitions and contracts; Coordinated facility bookings, scheduling, rental process and computerized registration processes where applicable; Taught and developed classes, camps and workshops and coordinated various trainings for programs depending on area of assignment; Developed and prepared evaluations, educational materials, press releases, advertising, and other promotional material for distribution to newspapers, radio, internet, and community organizations; Conducted research for use in the specified areas of assignment in development of material used in reports, promotional materials, design, or dissemination of information to the public; Facilitated the preparation, interpretation and implementation of administrative policies and procedures affected by the assigned programs or projects; Performed calculations, compiled data and wrote reports analyzing and summarizing data; prepared graphs and charts where applicable; Maintained program/project documents according to the processes of the assigned department; Coordinated/scheduled/mentored in-house and outreach programming, customers, hourly and temporary staff, instructors and camp staff; Coordinated support services to produce materials for and set up displays, workshops, classes, and talks; arranged for rooms and speakers; spoke to groups and conducted workshops as required; Typed from draft or oral instructions or composed correspondence and staff, statistical or numerical reports; Filed program related documents, correspondence, reports and other materials; Utilized specialized software applications to assist with department related programs; Answered department communication concerning training, job interest and career development; Acted as liaison for all department training facilities, equipment and materials; Assisted manager with analyses related to staffing requirements and the preparation of job descriptions and justifications for personnel additions and changes; Acted as liaison between managers and other City departments; Scheduled meetings and prepared meeting minutes; Developed and implemented forms, memos, correspondence, and informational materials.

CITY OF PALO ALTO May 2022 to August 2022
Program Assistant I
Acted as receptionist, and coordinator of volunteer activities, meetings, classes, and facility rentals, schedule appointments, screen calls; receives visitors, and respond to inquiries; Act as liaison with City programs and managerial staff, contractors, community groups and local businesses associated with the assigned programs and projects; Establish and maintain a system of monitoring and reporting on the status of the assigned program; Prepare and track payments, purchase requisitions and contracts, purchasing forms; Coordinate facility booking, scheduling, rental process and computerized registration processes where applicable; Perform calculations, compile data and write reports analyzing and summarizing data; prepare graphs and charts where applicable; Coordinate/schedule/mentor in-house and outreach programming, customers, hourly and temporary staff, instructors and camp staff; Coordinate support services to produce materials for and set up displays, workshops, classes, and talks; arrange for rooms and speakers needs; Within established parameters, interpret various department rules, policies and procedures of assigned program.

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CITY OF PALO ALTO November 2020 to May 2022
Storekeeper I
Provide excellent customer service to various public works city employees, by taking and fulfilling their orders and answering any queries they may have; Reorder all stocked items that are issued out to city departments; Convey materials and items from receiving area to storage area; Sort and place inventory in storage areas, shelves or in bins according to predetermined sequence such as size, type, or product code; Mark materials or containers with identifying information; Fill requisitions for materials and assist in inventory taking; Keep records of materials or items (including surplus materials) received, shipped or distributed in accordance with established procedure; Make daily data entries for accurate inventory controls including receiving, shipping and disposal functions; Act as liaison with Purchasing Department for ordering supplies and materials.

CITY OF PALO ALTO Oct 2018 to July 2020
Program Assistant I
Acted as receptionist, and coordinator of volunteer activities, meetings, classes, and facility rentals, schedule appointments, screen calls; receives visitors, and respond to inquiries; Act as liaison with City programs and managerial staff, contractors, community groups and local businesses associated with the assigned programs and projects; Establish and maintain a system of monitoring and reporting on the status of the assigned program; Prepare and track payments, purchase requisitions and contracts, purchasing forms; Coordinate facility booking, scheduling, rental process and computerized registration processes where applicable; Perform calculations, compile data and write reports analyzing and summarizing data; prepare graphs and charts where applicable; Coordinate/schedule/mentor in-house and outreach programming, customers, hourly and temporary staff, instructors and camp staff; Coordinate support services to produce materials for and set up displays, workshops, classes, and talks; arrange for rooms and speakers needs; Within established parameters, interpret various department rules, policies and procedures of assigned program.

CITY OF SAN FRANCISCO PARKS & RECREATION Dec 2016 to Oct 2018 Level II Recreation Leader
Perform facility/event management, light office tasks, customer service duties, set up and take down of tables and chairs, occasional janitorial tasks; assists with program delivery, perform related duties as required.

CITY OF HALF MOON BAY Sept 2017 to Oct 2018 Level III Building Attendant
Perform facility/event management, light office tasks, customer service duties, monitor activities during facility rental, occasional janitorial tasks; accept and file facility rental paperwork, perform related duties as required.

CITY OF PALO ALTO Sept. 2017 to Oct 2018 House Manager
Perform facility/event management for Art Center, customer service duties, provide general event support and troubleshooting for building rentals, set up and take down of tables and chairs, perform related duties as required.

CITY OF SAN JOSE Oct. 2017 to Oct 2018 Events Captain
Perform facility/event management for the Rotunda, one of the most recognizable and modern pieces of architecture at San José City Hall, customer service duties, provide general event support and troubleshooting for building rentals, crowd control, perform related duties as required.

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CHILDREN’S MUSICAL THEATER SAN JOSE Aug 2010 to Aug 2011 Production Manager
Responsible for of all technical elements, design and artistic oversight, equipment, set materials, personnel, budget and volunteers, as well as function as the on-site CMT representative, throughout the rehearsal and performance periods for one of the nation’s largest youth musical theater and training program. Other responsibilities include:
• Collaboration with the artistic director to build and maintain season calendar and individual show calendars.
• Liaison to facilities personnel, IATSE Union labor and Team San Jose/city. • Recruitment of new production staff and designers as well as conducting staff orientation sessions and meetings for each show.
• The development and management of a set and prop rental program to generate extra revenue.

SWANK AUDIO VISUAL Jul 2007 to Aug 2008
Technical Director
Responsible for the planning, organizing and management of all AV technical requirements and the training, supervision, and development of technical support staff - including the set-up and operation of high-end equipment for trade shows, special events and corporate meetings hosted at the Westin St.

Francis and Marriott Marquis hotels. Other duties include:
• Client liaison to the hotel’s Sales, Catering, Banquet and Convention Services Departments, and technical consultant to all necessary hotel personnel with the development and execution of innovative and effective solutions for client events.
• Worked closely with Swank sales managers during proposal stage of large programs.

ORGANIZED CHAOS EVENT MANAGEMENT / GLOW LIGHTING DESIGN 2001 to 2018 Event Planner, AV Director & Lighting Designer/Owner

• Developed and produced client concepts into professional, high-end private and corporate events. Provided customized theme-environments through creative audio and lighting designs. • Assisted with all stages of event including the development and management of project timelines, the hiring of all service vendors, and site contract negotiations.

EDUCATION:

UNIVERSITY OF ALBERTA, Bachelor’s Degree in Education; English Major 1995 to 1998

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Application

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Submit Date: Dec 04, 2024
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
12 months
Number of years in Concord:
12 months
Number of years in the county:
2 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Concord Pavilion Community Outreach Committee: Submitted Carlos Montalvo
Stanford Health Care Program Manager Healthcare Administrator Carlos Montalvo

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CARLOS OLIN MONTALVO III
Strategic Consultant, Customer Experience Leader, Program & Project Manager

PROFILE
Dynamic and passionate consumer-
centric program/project manager and
data analytics leader with diverse
experience in the healthcare and
technology sectors.

A driver of innovation and change
with effective communication and
relationship skills at all levels of the
enterprise.

Consumer focused philosophy,
guided by patient insights and
customer needs.

CONTACT

HOBBIES
Freelance Writing
Mountain Climbing
Scuba Diving
Music Lover

WORK EXPERIENCE
PriMed Management Consulting Services Inc., Senior Program Specialist, Strategic Partnerships
(2023 – present)
● Help monitor metrics performance for strategic initiatives and manage relationships between internal and external stakeholders ● Analyze data, drive meetings, partner with subject matter experts, obtain clarity, track progress, raise/escalate potential barriers, and bri dge discussions with multiple parties
● Analyzed and identified cost control opportunities for limited Knox -Keene organization
PeaceHealth, Manager, Patient Experience & Loyalty
(2021 – 2023)
● Developed, implemented , and manage d patient experience strategies in collaboration with network peers and system leadership
● Provided consultative partnership to leaders on initiatives and best practices while integrating consumer, clinician and caregiver engagement ● Led data analytics for pa tient experience survey results, including HCAHPS and CGCAHPS
● Partnered with local and system leadership to create a patient experience roadmap for Oregon network
Quest Diagnostics, Patient Services Manager
(2020 – 2021)
● Managed five supervisors, 106 laboratory staff, and testing operations of 60 sites across Oregon, Alaska, and Washington at the onset of the COVID 19 epidemic
● Implemented COVID -19 safety protocols and organized employee vaccine access
● Monitored key perfor mance indicators and facilitated operational improvements to improve test turnaround times
Stanford Health Care, Manager, Patient Experience (promoted from Business Operations Analyst, Program Manager and Project Manager) (2015 – 2020)

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● Led improvement ini tiatives for priority clinical areas including Inpatient Services, Orthopedic Surgery, and the Emergency Department ● Established formal partnerships with network of community clinics and community health systems
● Partnered with clinical leaders to create multi -disciplinary partnerships focused on patient experience improvement
● Developed and implemented patient satisfacti on survey instrument for bereaved families
● Prior to promotion, led, analytics, and distribution of patient satisfaction surveys across the enterprise, educating colleagues and teams on how to interpret patient satisfaction survey results, isolate trends, and identify opportunities. Extracted complaints and grievances data from electronic health records to create department -specific reports. Co -founded and co - chaired “Service League” to promote employee engagement

Kaiser Permanente , Intermediate Business Analyst, Insurance Retail Sales, Transitioned from Business Analyst in the Corporate Development and Ventures group
(2012 – 2015)
● Partnered with store managers to identify consumer sales and coverage plan trends
● Generated performance reports for insurance retail stores in Northern California
● Within the Corporate Ventures group, developed company valuations based on precedent t ransactions to help evaluate acquisition opportunities and conducted due diligence for potential business transactions and strategic affiliations with third-party organizations
● Led business plan development for KP’s new medical school

Edelman, Assistant Account Executive, Public Relations
(2010 – 2012)
● Exclusively supported HP account on product reviews and Hispanic teams; promoted to Accessories Reviews Lead
● Generated 200 positive reviews online and in print for consumer and business products

EDUCATION & TRAINING
University of California, Santa Cruz, B.A., Global Economics (2009) La Universidad de Chile, Economics, Politics, and Latin American Studies (2008) Clinical Effectiveness Leadership Training, Tableau Desktop I & II, Microsoft Office Suite, WordPress, Constant Contact
Epic CRM and Epic Cadence 101 training modules

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Application

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Submit Date: Dec 05, 2024
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
13 Number of years in Concord:
38 Number of years in the county:
40 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Concord Pavilion Community Outreach Committee: Submitted Cedric Cheng
Cedric Cheng Design Graphic Designer Graphic Designer
Cedric Cheng

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Upload a Resume
Question applies to Concord Pavilion Community Outreach Committee Why do you believe the Council should appoint you to the Concord Pavilion Community Outreach Committee?
I believe that the Concord City Council should consider my re-appointment to the Concord Pavilion Community Outreach Committee based upon four factors. One, I'm a long-time resident of Concord, growing up here and attending public schools and continue to be a resident raising a family with my wife and son. Two, my experience as described above is very broad and I know I can continue to be an asset to the committee and it's mission. I believe that ideas, collaboration and partnership will only benefit Concord and the Pavilion and I hope to continue that with a re-appointment.

Education and Training
High School
Clayton Valley High School High school graduation 1990
College
San Francisco State University Bachelor of Arts in Economics, Minor in Asian American Studies 1995
Technicial/Vocational Training
Certification or Other
COVID-19 Contact Tracing - Coursera - Johns Hopkins Univ. Bloomberg School of Medicine - May 2020 Certified Web Developer - Udemy - January 2015 TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Cedric Cheng

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Cedric Cheng

OBJECTIVE
Implement and contribute creativity and problem-solving skills as a graphic designer, production artist or in marketing

EDUCATION
Bachelor of Arts, Economics, San Francisco State University May 1995 Graduate coursework in business management, John F. Kennedy University January 2002 Certificate: Web Development, Udemy January 2015
Certificate: COVID -19 Contact Tracing, Coursera, Johns Hopkins Bloomberg School of Medicine May 2020 TECHNICAL SKILLS
Software Proficiency
Adobe Creative Suite (CS6 and CC) includes Ph otoshop, Illustrator, InDesign, Acrobat Working knowledge in QuarkXpress (9.0), MS Office and MS Publisher.

CMS: Wordpress , Website builder platforms: Wix, Weebly, Squarespace Communications: Skype, Zoom, What sapp, WeChat, Facebook Messenger Limited Proficiency
HTML5 and CSS3
Operating Systems
Mac OS and Windows

EXPERIENCE
Cedric Cheng Design, Concord, California January 1997 – Present Freelance Graphic Designer
Perform graphic arts services in both print and web design as well as consult on marketing and advertising matters as well as broker complementary services in printing and web services as well as being a intermediary with service bureaus. • Create and design concepts into artwork working with client’s ideas and input • Work with all available design tool to provide proofs and comps to both clients and service bureaus • Strive to create unique and compelling artwork to convey a message that will be comp rehensible and clear • Work with printers and vendors to communicate and interact with parties to ensure accurate and clean transactions • Create and check for proofing of not only text and grammar but also color correction and design elements • Web design using CMS applications as well as using applications such as Dreamweaver to design pages and forms • Continue learning and experience in different web graphics and technologies including HTML5 and CSS3 • Work with all standards for both print and web
and standards set by clients requirements
• On-call graphic designer for area print shops and service bureaus/vendors • Interface with a variety of clients ranging from individuals, small businesses, non -profits, and large organizations • Arrange meetings and conferences with clients and/or service bureaus to ensure all parties are on the same page • Advertise and market my services via interpersonal communications, online content and by referral • “Design department” of any organization that’s in need • Publish photographs as royalty-free images
for purchase
OpenHourz, Pleasant Hill July 2014 – March 2015
Marketing and Graphics
Graphic designer and marketing. Duties include print and color specialist and vendor relations, graphic design, sales , marketing and advertising. Primarily b2b working on all aspects of marketing including both traditional and social media.

Café Press, San Mateo, California October 2013 – January 2014 Typesetter / Graphic Designer
Perform tasks converting Adobe InDesig n or PNG file, typesetting according to established standards, saving it to PSD format and optimized for e -commerce and interactive operations. • Work with established branding and layout guidelines to conform to Café Press standards • Conversion and mo difications in Photoshop for website operations • Optimized for e -commerce including ability to have customers input customized information online • Work with Café Press’ CMS system to ensure constant and consistent B2C clients • Creation and design of invitations for themes such as surprise parties and Chanukah holiday assortments

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C&P Corporation, Pleasant Hill, California September 2007 – September 2012 Senior Graphic Designer , Minuteman Press Pleasant Hill Senior graphic designer for a small print shop specializing in offset and digital color printing services to small businesses and non-profit organizations.
• Created and design various literature and artwork such as business documents, marketing collateral and other projects such as packaging and informational materials • Pre-press operation for all design work for offset press or digital copiers • Maintained archives of clients files for storage and file retrieval • Utilize Pantone (PMS) spot colors and four -color process as well as gray scale and black and white • Troubleshoot and resolve issues from customer supplied artwork to proofing • Created and/or modify artwork for customer approval • Worked with clients to create artwork or to enhance and improve current artwork • Worked with clien ts specs pertaining to their branding/identity standards in both B2B and B2C environments • Created artwork to work across all mediums depending on project: print, web, embroidery, silk -screen and/or promotional products
• Provide customer care and serv ice that includes person -to-person, phone support and web/email communication • Built strong collaborative relationships with clients • Met deadlines in a fast -paced environment as well as work quickly and creatively to juggle multiple projects • Utilize various software applications ranging from computer to plate operations using Computer to Plate system (CTP) and the Fiery RIP software for both black and white and color digital presses • Updated company website where needed using proprietary web applic ation hosted by the company • Ensured internal communications are open and clear between all department from front desk, digital press, printing press and bindery
• Performed occasional press -checks and interaction with service bureaus concerning proof s and artwork

Visuals, Inc., San Francisco, California September 2006 – September 2007 Graphic Designer
Worked with Visuals in a variety of assignments ranging from in- house production designer to graphic artist. Learned the business from an agency standpoint after many years in the print side of the business. Assignments included working at advertising agencies and for different political consulting firms.

Palsa Enterprises, Inc., Lafayette, California September 1998 – September 2006 Senior Graphic Designer, Minuteman Press Lafayette
Graphic designer for a small print shop servicing area businesses and organizations for their printing and graphic arts needs. • Designed various literature and artwork such as business documents, marketing collateral and other projects such as packaging and informational materials
• Preparation of all design work for press or digital copies • Worked with both Pantone (PMS) spot colors and four -color process as well as gray scale and black and white • Troubleshoot a nd resolve all areas of pre- press from customer supplied artwork to proofing • Created and/or modify artwork for customer approval • Provided customer care and service that includes person -to-person, phone support and web/email communication • Coordinate and organize projects based on deadlines and priority • Utilized various software applications ranging from computer to plate operations using the RipIt Computer to Plate system (CTP) to the Fiery RIP software for both black and white and color digital presses • Built strong collaborative relationships with clients • Met deadlines in a fast -paced environment as well as work quickly and creatively to juggle multiple projects • Strong time management and communication skills

AWARDS, HONORS AND SPONSORSHIPS
Winner, 2007 First Night Martinez Event Logo December 2006 Participant, FatWallet 2012 Black Friday T -shirt Contest October 2012 Sponsor, Contra Costa Chinese Cultural Festival 2006-2007 Sponsor, Rock the Plaza Summer Concert Series 2007-2012 Sponsor, IBEC Conference, San Francisco State University 2005-2010

PUBLIC AFFAIRS EXPERIENCE
Concord Pavilion Community Outreach Committee , Concord, California 2019-present Member
• Meeting with city officials, the Concord Pavilion general manager, and community members to plan out events. Work with entities supportive of City of Concord efforts to improve quality of life for the community. • Public relations and bridge -building with community members and organizations on utilizing the resources that th e Concord Pavilion offers as a public asset.
• Appointed by the Concord City Council in April 2019

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COMMUNITY VOLUNTEER EXPERIENCE
CAPA Community Education Fund, Walnut Creek, California 2002-present Chair of the Board (2006 -2008)
• Chaired meetings and led the organization for three terms. Increased visibility in the community and worked with other organizations and non -profits, expanded on our internship program, diversified our membership on the board, updated and completed our tax status and make sur e we were in compliance with both state and federal laws, served as primary representative of the organization to events and gatherings around the Bay Area.

Summer Internship Chair/Coordinator (2006 -2009)
• Expanded program’s scope in outreach to area scho ols in Oakland and San Francisco areas. Extended outreach to provide more opportunities for our internship program at the office of Governor, Speaker of the House, U.S. Senate and non -profit organizations such as Sustainable Walnut Creek. Expanded into municipal governments of Walnut Creek and Moraga.

Gala Steering Committee Chair (2004)
• Led efforts with the annual fundraising event held in Walnut Creek. Facilitated improvements in sponsorships and fundraising that resulted in increases in total amounts raised. Directed program details and planning to the minute for all aspects of the event. Coordinate with outside vendors from facility rental to communications with suppliers and sponsors.

Served as an on-site host to welcome guests and direct VIPs to their seats who had a role in the program.

Marketing (ongoing)
• Provide marketing and graphic design for outreach, promotion and advertising where needed including flyers, web graphics, press releases, program book and other materials to bring a profess ional look to the organization.

Sustainable Walnut Creek, Walnut Creek, California 2011-present Co-Founder, Webmaster
• Co-founder of the organization to help promote and encourage using sustainable and environmentally friendly activity in the local community. Promotional outreach with other similar organization plus information disbursement through the website.

Inspired Learning Institute, Antioch, California 2015 Instructor – STEM Education Summer Camp – Coding, Webmaster

Business Networking International, Walnut Creek, California 2009-2012 Vice President (2012)
• Assisted the membership committee in recruitment of new members as well as assist in the professional development of current members. Chaired meetings in the absence of the presiden t. Assist the president in the operations of the chapter.

Kept records of all one -to-one meetings, referrals and estimated amount of business referred between members.

Membership Chair (2011)
• Recruited new members. Led discussions with prospective mem ber(s) about BNI and it’s purposes. Led membership education to the current members and encourage networking and meetings with each other to help each other’s business.

Diablo Valley Chinese Cultural Association, Concord, California 1998-2008 President (2000-2003, 2006)
• Led organization and expanded programming to emphasize cultural and community activity. Expanded membership to include more young families and young people in addition to retaining long time members. Expanded Chinese New Year to become a major event for the organization. Worked with other sister organizations to strengthen ties from the Marin headlands, Vallejo and Napa areas to the other East Bay organizations Communications Chair (1998 -2002, 2007-2008)
• Designed and laid out the m onthly (later quarterly) newsletter for new and information about the organization as well as make it a marketing tool. Also was instrumental in getting the first website established so that our online presence can further outreach to the greater communit y.

Community Relations Chair (2007)
• Continued efforts in strengthening relations with other community organizations.

Chinese Cultural Festival Committee (2006-2007)
• Served on the committee to help host and coordinate the largest Chinese cultural fes tival in the area. Helped coordinate the marketing of the festival to the community through group meetings, working with school districts and attending governmental functions as well as design collateral for the festival.

Chinese Historical Society of America, San Francisco, California 2008-2011 Member of the Board of Directors (2008-2011)

East Bay Asian Voter Education Consortium, Oakland, California 2002-2010 Chair of the Boa rd (2005-2010), Secretary (2004)

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Application

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Submit Date: Dec 19, 2024
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
9 Number of years in Concord:
9 Number of years in the county:
9 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Concord Pavilion Community Outreach Committee: Submitted Jane Mazenko
NA NA Retired
Jane Mazenko

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Jane Swords, PMP, ACP, SCPM, CRISC, CPCU

PROFESSIONAL SUMMARY
 Self-motivated and results-oriented leader with exceptional interpersonal and communication skills; able to interact with staff at all levels of management using written, verbal, and presentation skills.  Collaborative relationship builder who earns the trust and respect of stakeholders by representing their interests and keeping them involved in planning and decision-making.  PMP-certified Project Manager with a proven track record of managing and delivering large, complex IT projects that meet or exceed scope, schedule, budget and quality targets.  Tenacious and focused professional who thrives on developing clarity from ambiguity, organization out of chaos; skilled in adjusting to changing priorities through periods of growth and transition.

WORK EXPERIENCE
Worldpay/FIS, Cincinnati, OH
Global Business Resiliency Analyst (contract position) 2019 to 2020 Provide tools support for MIR3 and Fusion to the Business Continuity and Crisis Management teams. Monitor progress, quality check, and provide status reporting on Business Processes, Business Impact Analysis, Business Continuity Plans, and Exercises.

Boys and Girls Club of Contra Costa County 2018 to 2019 Volunteer position providing mentoring and support during after-school program and summer camp.

Kaiser Permanente, Pleasanton, CA 2016 to 2017
Senior Project Manager (contract position), IT CDTS PMO Managing multiple IT projects in the Mental Health and Wellness and Laboratory Programs.

Visa Inc., Foster City, CA 1996 to 2015
Senior Director, IT Information Security Project Management Office (PMO) Responsible for Information Security Business Planning and project execution.  Manage a team of project managers to deliver Information Security project commitments on time and within budget.
 Responsible for annual portfolio planning from project conception to Annual Operating Plan funding, including business requirements, impact assessment/conceptual approach, Project Charter and approval to spend.
 Workforce Management: developed and implemented processes to maintain Information Security staff inventory, pipeline and approvals for new hires, in support of division objectives.

Senior Project Manager, IT Methodology Management in the Chief Technology Office Global IT’s Project Management Consultant, responsible for training and mentoring all IT Project Managers.
 Collaborate with Subject Matter Experts to develop a twelve-hour training program for new IT Project Managers; conduct training monthly
 Provide one-on-one mentoring to project managers regarding Visa-specific processes as well as industry best practices.
 Continually assess Visa’s Project Management Methodology for improvements that will streamline processes while continuing to meet stakeholder needs; gain consensus on recommended changes. Communicate changes as warranted based on complexity; typical communication vehicles are the monthly PMM Newsletter, presentations to PMO teams, or focused training sessions.
 Recognized by management as a key contributor to the successful implementation of Clarity Project and Portfolio Management (PPM) implementation
 Led the effort to train 10+ roles and 2000+ Global IT staff and business partners on the new application and processes
 Created and conducted a comprehensive training course including mandatory and supplemental classes for 200+ Project Managers who were then able to use the new system immediately after implementation
 Planned, executed, and managed a post-implementation Command Center staffed by a cross-functional team of 18 who received over 1900 inquiries during a two-week period with 82% of questions and issues resolved the same day.  Process Transformation Initiative: Core team member on two Process Transformation tracks.

Contributed to the reduction of 50% of data entry fields required to obtain funding approval for new projects.

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 Requirements Management Process: Responsible for process documentation, communication, and training, as well as the creation of the Business Analyst job description Senior Project Manager, IT Business Management in the Chief Technology Office Responsible for Service Level Agreements (SLAs) with Visa Europe  Negotiated with internal and external stakeholders to gain agreement on contractual commitments between Visa Inc. and Visa Europe
Project Manager, Information Services
Managed Information Services’ portfolio of projects interfacing with Transactions Services  Ensured financial accuracy of estimates and forecasts for the CMLS, CDI, ETL, Business Intelligence, and Data Architecture teams.
 Managed the Information Services deliverables (22,500 hours of work) for the October 2006 Business Enhancements Release.
 Implemented processes to increase efficiencies, including twice weekly estimating meetings.  Established effective communication with Transaction Services Project Managers to promote a clear understanding of Information Services’ infrastructure, functionality, cost centers, and to solicit and implement areas for improvement within Information Services.

Project Manager, Transaction Services
Program manager of Visa’s semi-annual Business Enhancements Releases: the implementation of system changes that impact banks and processors. The success of the Business Release impacted the annual bonus of all IT staff.
 Managed the complexities of up to 200,000 hours of work effort across twenty concurrent projects and multiple applications for a single implementation impacting banks worldwide.

Changes were implemented without negatively impacting global payment processing.  Planned and managed the Release Command Center: the 24-hour coordination point for communication and issue resolution. Recruited and trained staff for Command Center roles.  Reported status, issues and risks to all levels of staff, including senior management.

Director, Development
Part of a management team to develop a multi-year, multi-million dollar program to re-architect legacy applications using Rational Unified Process (RUP) and Object Oriented Analysis and Design.
 Closely monitored schedule, risks, and action items; developed and implemented a Change Control Process and Risk Management Plan.
 Collaborated with business users, architecture and development teams, and subject matter experts of interfacing applications.
 Managed and developed staff: hired, trained, mentored, motivated, and assigned work to direct reports, matrixed staff, and consultants.
Managed cross-functional teams of both Visa staff and offshore vendor staff to successfully complete the following deliverables.
 Data Cleanup, including critical issue resolution.
 Extract requirements, design, and development.
 Analysis of current system rules, including identification, analysis, translation, and mapping to use cases.
 Requirements gathering and documentation via use cases and textual requirements.  Data Modeling: the creation of a logical data model of current system data.  Development and testing of the Gateway between the new and existing systems.

Product Manager, Electronic Commerce
Recognized by management, Visa Regions, and Visa banks for contributions to the infrastructure and establishment of processes to enable electronic commerce. Managed Visa’s development and implementation of Secure Electronic Transaction (SET) digital certificates.

EDUCATION
Bloomsburg University of Pennsylvania, B.S. in Accounting, minor in Economics

RELATED ACCOMPLISHMENTS
Certified Risk and Information Systems Control (CRISC)
PMI’s Agile Certified Practitioner (PMI-ACP) certification Stanford’s Certified Project Manager (SCPM) certification PMI’s Project Management Professional (PMP) certification

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American Bankers Association National School of Bank Card Management graduate

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Attachment 3

CONCORD PAVILION COMMUNITY OUTREACH COMMITTEE
The Concord Pavilion Community Outreach Committee shall consist of five members holding four-year terms; and comprised as follows: four members appointed by the Concord City Council (aka: City members) and one member appointed by the Manager of the Pavilion (Live Nation) (aka: Manager member).

The Concord Pavilion Community Outreach Committee (Committee) shall provide guidance to the Pavilion General Manager on outreach efforts to attract applications from local schools, cultural organizations, and the community to bring additional community events to the Pavilion to expand the
use of the venue beyond the concert season. The Committee will assist the Pavilion General Manager in identifying potential community events, but will not have authority to approve or disapprove of event applications.

The Committee will be responsible for assigning a Committee member to take notes of Committee meetings and complete a record of annotated minutes. The Committee shall determine the frequency of its meetings, which shall be not more than once per quarter and will not conflict with Pavilion events.

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Staff Report
Date: April 22, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mark Bustillos, Chief of Police
Prepared by: Ollie Sansen, Police Sergeant
[email protected]
(925) 671-3336
Subject: Considering a resolution to accept the Concord Police Department AB 481 2024 Military Equipment Report, 2025
Military Equipment Inventory, and approve the continued use of existing department policy.

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

Report in Brief
The Concord Police Department is required under California Government Code § 7072, and by City of Concord Ordinance 22-6, to submit an annual report to the City Council on its use, inventory, and acquisition of military equipment defined under AB 481.

Recommended Action
Review and accept the annual report and, by Resolution, approve the existing policy and the continued use of military equipment, as defined by AB 481, by the Concord Police Department based on the findings as required by law, and make the CEQA determinations as provided in this staff report.

Background
On September 30, 2021, the Governor of the State of California approved Assembly Bill 481 (codified as Chapter 12.8 of the California Government Code) requiring law enforcement agencies such as the Concord Police Department to have a military equipment use policy approved by the City Council prior to requesting, seeking funding,

4.i4.i4.i4.i

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City Council Agenda Report
Agenda Item No. 4.i
April 22, 2025
acquiring or using items that it defined as military equipment. Assembly Bill 481 allows the governing body to approve the policy within its jurisdiction only if it determines that the military equipment meets specified standards.

On April 12, 2022, the Concord City Council approved Ordinance 22-6 approving Concord Police Department Policy #706: Military Equipment Use Policy, as well as its attached inaugural Military Equipment Report and Inventory. On April 9, 2024, the Concord City Council passed a resolution to accept the CPD Military Equipment Report for 2023 and Inventory for 2024 and approved the continued use of that equipment.

Analysis
As required by Assembly Bill 481 and the Ordinance, annually the Concord Police Department must prepare a report on the use of each type of military equipment approved in the policy over the last year. Subsequently, the City Council must then review the Ordinance, Policy and Annual Report, and determine whether the Department’s use of the defined military equipment in the past year complied with the Policy, and whether to continue the Ordinance and Policy, take action (by ordinance) to modify the Policy or repeal the Ordinance.

As set forth in the Policy, the Concord Police Department retains and employs limited equipment that falls under this legislation and subsequent law to safeguard its community. Concord Police Department officers, certified instructional staff, and specialized units receive training throughout the year on the use of this equipment approved under the Policy.

The annual approval of the policy, report, and inventory continues the use of the equipment currently in the Police Department’s inventory by authorized and trained personnel when the use is necessary to maintain public safety.

Financial Impact
Approval of this resolution will allow the Concord Police Department to purchase ten DJI Avata 2 (interior search drones), seven DJI Mini Pro’s and three DJI Maverick 3s with Thermal. The total fiscal impact, should this resolution be approved, would be $37,800 before any applicable taxes. All necessary funds are available in the existing Police Department budget.

Environmental Determination
This item is exempt from California Environmental Quality Act (CEQA) as it does not constitute a "project" within the meaning of Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), and/or 15378 including subsections (b)(2) and (4). If this were determined to be a “project” for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). No unusual circumstances exist and none of the exceptions under CEQA

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City Council Agenda Report
Agenda Item No. 4.i
April 22, 2025
Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.

Public Contact
The Concord Police Department 2024 AB 481 Report and 2025 Equipment List was published on the City website on March 13, 2025. A community meeting hosted by officers fluent in English and Spanish, was held in-person in the Concord Police Department Community Room on March 27, 2025. The meetings were advertised on the City website and through City and Concord Police Department social media. Five community members attending the March 27, 2025, meeting. No attendees expressed concerns or complaints about this report.

Attachments

1. Concord Police Department Policy 706

2. Concord Police Department 2024 AB481 Report and 2025 Equipment List

3. Resolution to Accept the Concord Police Department AB 481 2024 Military Equipment Report, 2025 Military Equipment Inventory, and Approve the Continued Use of Existing Military Equipment Policy

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Policy
706
Concord Police Department
Policy Manual
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Copyright Lexipol, LLC 2024/01/29, All Rights Reserved.

Published with permission by Concord Police Department
Military Equipment - 504
Attachment 1

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Concord Police Department
Policy Manual
Policy Manual
Military Equipment
706.2 POLICY
It is the policy of the Concord Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Concord Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See attachment: 706_Military Equipment_Attachment.pdf
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a.

Copyright Lexipol, LLC 2024/01/29, All Rights Reserved.

Published with permission by Concord Police Department
Military Equipment - 505Page 5 of 46
Concord Police Department
Policy Manual
Policy Manual
Military Equipment
(b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use in accordance with this policy. Military Equipment used by other jurisdictions that are providing mutual aid to this Department, or are operating in conjunction in a law enforcement capacity with this Department, should comply with their respective Military Equipment use policies. 706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
706.9 COMMUNITY CONCERN AND COMPLAINT PROCEDURE
The Chief of Police, or his/her designee, will ensure that all Concord Police Department members comply with this policy. Any person may register complaints or concerns regarding this Policy or submit a question regarding this Policy using the Citizen Report Procedure and Form available on the Concord Police Department website (www.cityofconcord.org/police).

Copyright Lexipol, LLC 2024/01/29, All Rights Reserved.

Published with permission by Concord Police Department
Military Equipment - 506Page 6 of 46
Concord Police Department
Military Equipment Report for 2024
and Inventory for 2025
Attachment 2

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Concord Police Department Military Equipment Report for 2025 1 Table of Contents
Introduction……………………………………………………………………………….. 2
Definitions………………………………………………………………………………….3
Inventory: Robots………………………………………………………………………… 4
Inventory: UAV………………………………………………………………………….... 5
Inventory: Armored Rescue Vehicle…………………………………………………….7 Inventory: Crisis Negotiations Team Van………………………………………………8 Inventory: Tactical Dispatch Van………………………………………………………..9 Inventory: Kinetic Breach Tool…………………………………………………………..10 Inventory: Breaching Shotgun………………………………………………………….. 11 Inventory: Carbines……………………………………………………………………….12
Inventory: Long Rifles……………………………………………………………............13 Inventory: Pistol Caliber Carbine……………………………………………………..…14 Inventory: Noise Flash Diversionary Device………………………………………...…15 Inventory: Chemical Agents…………………………………………………...…..…….16 Inventory: PepperBall Launchers and Projectiles…………………………….……….18 Inventory: Kinetic Impact Launchers……………………………………………………20 Inventory: Kinetic Impact Munitions…………………………………….……………….22 Inventory: Long Range Acoustic Device…………………………….………………….23 Community Concerns and Complaints………………………………………………….24 Crisis Response Unit Usage……………………………………………………………...25
UAV Usage and Flights………………………………………………………………...…26
Projected Equipment Acquisition and Replacement in 2025……….………………...37 Conclusion…………………………………….……………………………………………37

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Concord Police Department Military Equipment Report for 2025 2 Introduction
On September 30, 2021, the Governor of the State of California approved Assembly Bill 481 (codified as Chapter 12.8 of the California Government Code) requiring law enforcement agencies such as the Concord Police Department to have a military equipment use policy approved by the City Council prior to requesting, seeking funding, acquiring or using items that it defined as military equipment. Assembly Bill 481 allows the governing body to approve the policy within its jurisdiction only if it determines that the military equipment meets specified standards.

On April 12, 2022, the Concord City Council approved Ordinance 22-6 approving Concord Police Department Policy #706: Military Equipment Use Policy. On April 9, 2024, the Concord City Council passed a resolution to accept the CPD Military Equipment Report for 2023 and Inventory for 2024 and approved the continued use of that equipment.

As required by Assembly Bill 481 and the Ordinance, the Concord Police Department must prepare a report annually on the use of each type of military equipment approved in the Policy over the last year. Subsequently, the City Council must then review the Ordinance, Policy and Annual Report, and determine whether the Department’s use of the defined military equipment in the past year complied with the Policy, and whether to continue the Ordinance and Policy, take action (by ordinance) to modify the Policy or repeal the Ordinance.

As set forth in the policy, the Concord Police Department retains and employs limited equipment that falls under this legislation and subsequent law to safeguard its community. Concord Police Department officers, certified instructional staff, and specialized units receive training throughout the year on the use of this equipment approved under the Policy.

This annual report outlines the Concord Police Department’s military equipment inventory and usage and community complaints over use of military equipment from January 1, 2024, through December 31, 2024. It also outlines the proposed purchase of new and/or replacement equipment during 2025. The Department will submit its Military Equipment Annual Report to City Council after December 31st of every year in compliance with AB 481.

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Concord Police Department Military Equipment Report for 2025 3 Definitions
The Concord Police Department only utilizes a limited number of the resources listed below.

Definitions of Military Equipment established by California Government Code §7070:

Military equipment includes but is not limited to the following types of equipment:
▪ Unmanned, remotely piloted, powered aerial or ground vehicles ▪ Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers ▪ High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five- ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached ▪ Tracked armored vehicles that provide ballistic protection to their occupants ▪ Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units
▪ Weaponized aircraft, vessels, or vehicles or any kind ▪ Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram
▪ Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition
▪ Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code §30510 and Penal Code §30515, with the exception of standard-issue firearms
▪ Any firearm or firearm accessory that is designed to launch explosive projectiles ▪ Noise-flash diversionary devices and explosive breaching tools ▪ Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray
▪ Taser Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs)
▪ Kinetic energy weapons and munitions (e.g. 40MM launcher, bean bag shotgun, foam tipped projectiles)
▪ Any other equipment as determined by a governing body or a state agency to require additional oversight

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Concord Police Department Military Equipment Report for 2025 4 Inventory

1. Robot
a. Description, Quantity, Capabilities, and Purchase Cost:

Transcend Vantage Patrol Robot. Qty: 1 Total Cost: $26,000. Battery powered, remote operated device that is equipped with non-recording cameras and two-way radio capabilities. This robot can climb stairs, open doors and be the delivery mechanism for chemical agents. The robot is used during high-risk incidents to aid officers in the de-escalation of a situation through intelligence gathering and negotiations. The use of this equipment is limited to trained members of the CPD SWAT team. Situations that qualify for its use are high-risk operations including but not limited to hostage situations, active-shooters, barricaded person incidents and/or high-risk warrant services and per CPD policy.
b. Purpose:

To be used remotely to gain visual and audio information to aid in the de-escalation and resolution of high-risk situations, to deliver negotiations phone, open doors, and clear buildings in search for victims, suspects and/or explosives. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject’s location is critical, and the robot can provide this situational awareness without placing undue risk to human life. Cameras can also help determine if a subject is armed and if there are other subjects inside that need assistance. The two-way speakers can be used to facilitate communication and determine resistance level which aid in the planning and decision making by officers. c. Authorized Use:

CPD SWAT officers under the supervision of the Tactical/Incident Commander, who have completed the required training are permitted to operate the robot. Deployment missions related to SWAT are outlined within CPD policy. The SWAT team undergoes an estimated 120 hours of training per year and the use of the robot during training is included within these hours. Such use includes the clearing of a home after a barricaded person has been taken into custody to search for explosive hazards, hidden victims, or suspects prior to officers entering the home to search and deem the residence safe to occupy. SWAT officers receive specific training from the manufacturer on the use and operation of the robot and receive annual familiarization training with the robot.
d. Expected Lifespan:

Estimated to be 10 years, however dependent upon operational usage and wear. e. Fiscal Impact:

No anticipated annual maintenance costs for the robot. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of new robot(s) or replacement robot(s) may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

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Concord Police Department Military Equipment Report for 2025 5 2. Unmanned Aerial Vehicles
a. Description, Quantity, Capabilities, and Purchase Cost:

Autel Evo II FLIR Radiometric UAS and Go-Command Kit. Qty: 6. Total Cost:
$39.999.00. The Evo II is a commercial-grade UAS primarily used for outdoor environments to support first responders during high-risk situations, evidence processing, search and rescue missions and other situations as outlined in CPD Policy 606- Unmanned Aerial System (UAS) Operations. The UAS is a battery powered, remote operated device with a standard and SMART controller system authorized for night operations and in compliance with FAA regulations part 107.

The UAS has a FLIR (thermal) camera to assist for night operations and has the ability to record data. There is a flight time of approximately 25 minutes per battery, depending on weather and flight conditions. The Go-Command kit consists of a protective storage/deployment case containing power source, accessories for flight operations and a 24” LED viewing monitor.

Brinc Lemur UAS kit. Qty: 2. Total Cost: $16,498.00. The Brinc Lemur UAS is a commercial-grade UAS primarily used for indoor environments to support first responders in high-risk situations and other situations as outlined in CPD Policy 606- Unmanned Aerial System (UAS) Operations. The UAS provides remote viewing and audio data to aid in the de-escalation of high-risk incidents. The UAS is a battery powered, remote operated device with a standard controller system. The UAS is equipped with an Infrared (IR) camera system for low light conditions, cellular based two-way communications and turtle-mode for self-righting capabilities. The UAS is capable of opening doors that are ajar. There is a flight time of approximately 30 minutes per battery, and/or 10-hour perch time for communications and/or monitoring purposes without flight.

Brinc Lemur2 UAS Kit. Qty 2. Total cost $32,498. The Brinc Lemur 2 UAS is an upgrade/replacement for the original Lemurs that we have in our inventory. It has all of the same accessories described above but with an easier to fly software platform that uses more sensors. The Brinc Lemur 2 has a glass breaker attachment which gives it the capability to break out a window and fly into structure. The Brinc Lemur 2 will also live stream the feedback to any user that needs access and will provide our command post with a 3D diagram of what the interior looks like.

Loki MK2 UAS. Qty: 2. Total Cost: $13,771.80. The Loki is a commercial grade UAS primarily used for indoor environments to support first responders in high-risk situations by providing remote viewing and audio data to aid in the de-escalation of incidents. The UAS may assist in other first-responder operations as outlined in CPD Policy 606-Unmanned Aerial System (UAS) Operations. The UAS is a battery powered, remote operated device with a standard controller system. The UAS is operated independently via a single controller system. There is a flight time of approximately 16 minutes, and/or 6 hours of perched battery life for monitoring purposes without flight.

EMax TinyHawk III Trainers. Qty: 2. Total Cost: $200.00. The EMAX TinyHawk III is an indoor training UAS that would be used only for the purpose of teaching new UAS operators how to operate a UAS indoors. Using the inexpensive TinyHawk as a training tool while officers learn how to operate a UAS indoors will save significant wear and tear on the much more expensive Brinc and Loki UAS and ensures they

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Concord Police Department Military Equipment Report for 2025 6 remain ready for operational purposes. The TinyHawk UAS is a battery powered, remote operated device with a standard controller system. There is a flight time of approximately 15 minutes per battery.
b. Purpose:

UAS may be utilized to enhance the Department’s mission of protecting lives and property and for the collection of data to aid in first responder services in accordance with CPD Policy 606- Unmanned Aerial System (UAS) Operations. c. Authorized Use:

To be deployed by CPD UAS team members in accordance with CPD Policy 606- Unmanned Aerial System (UAS) Operations. All UAS team members are required to hold a Part 107 UAS remote pilot certification and team members undergo Department led training and outside UAS training that address basic operations, indoor operations and nighttime operations. The following authorized uses of a UAS include:
• Post-incident crime scene preservation and documentation • HAZMAT response
• Locating individuals actively fleeing or hiding in an attempt to avoid apprehension
• Search and rescue
• Barricaded persons and other high-risk tactical operations • Locating individuals who are missing or are a danger to themselves or others • Disaster response (Flood, earthquakes, etc.)
• Training missions
• Fire response
• Pursuant to a search warrant
• Any situation where the use of a UAS would enhance public safety and/or officer safety and would be deemed lawful and reasonable. d. Expected Lifespan:

Estimated at 3-5 years, however dependent upon operational usage, wear and software updates.
e. Fiscal Impact:

Estimated annual maintenance costs are $2000.00. sUAS were paid for with CPD existing budget and $30,000 grant funding support. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of new UAS(s) or replacement UAS(s) may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

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Concord Police Department Military Equipment Report for 2025 7 3. Armored Rescue Vehicle
a. Description, Quantity, Capabilities, and Purchase Cost:

1. Mamba Mk1 Armored Personnel Carrier. Qty: 1. Donation. Acquired through the California Office of Emergency Services (CalOES) Public Safety Procurement Program in 2011 for no cost. This equipment was painted, marked with police insignia, and equipped with police emergency lighting that was funded by community donations. The Armored Personnel Carrier is a four-wheeled, right- side driven vehicle designed to provide a high degree of ballistic protection to officers and community members during high-risk incidents and has the capability to withstand multiple bullet strikes from small arms fire.

2. Ford T-350 Ballistic Van. Qty: 1. $180,535. This van replaced our older 1993 F350 van that was beyond its service life. This vehicle is a NIJ III/B6 Armored Ford T350 AWD protector van.
b. Purpose:

To be used during high-risk incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical and high- risk incidents where such ballistic protection is required to safeguard human life. c. Authorized Use:

The use of the Mamba MK1 is strictly reserved for CPD SWAT officers who have undergone advanced armored vehicle operations driver training and assessment both held by outside law enforcement training sessions as well as internal driver training during the estimated 120 hours of yearly training CPD SWAT undergoes.

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Concord Police Department Military Equipment Report for 2025 8 The use of the Ford T-350 ballistic van does not require any special license or training and may be used by any CPD officer with the approval of a Supervisor during high-risk incidents. The use of the ballistic vehicles would include performing a life-saving rescue and evacuation of an officer or community member from a place of extreme danger where ballistic protection is required to safely complete the mission and not expose officers or community members to greater risk of injury or death, as well as other situations as outlined in CPD policy. d. Expected Lifespan:

Estimated to be 20 years, however dependent upon operational usage and wear. e. Fiscal Impact:

Estimated annual maintenance cost of $2000.00.

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Concord Police Department Military Equipment Report for 2025 9 4. Crisis Negotiations Team Van
a. Description, Quantity, Capabilities, and Purchase Cost:

Ford E-450 Decommissioned Public Transportation Bus. Qty: 1. Donated to CPD by County Connection Bus Services. The bus is equipped with workstations, cabinets and white boards instead of passenger seating.
b. Purpose:

This converted bus serves as a self-contained mobile base of operations and transportation for Crisis Negotiations team members in the response to high-risk incidents in which CPD Negotiators have been requested and approved to assist by the SWAT Team Commander.
c. Authorized Use:

No specialty driver license or training is required to drive the bus. The bus is driven by members of the Crisis Negotiations Team and/or SWAT Team in response to high-risk incidents and SWAT training.
d. Expected Lifespan:

Estimated to be 15 years, however dependent upon operational usage and wear. e. Fiscal Impact:

Estimated annual maintenance cost of $500.00.

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Concord Police Department Military Equipment Report for 2025 10 5. Tactical Dispatch Van
a. Description, Quantity, Capabilities, and Purchase Cost:

Ford E-450 Decommissioned Public Transportation Bus. Qty: 1. Donated to CPD by County Connection Bus Services. The bus is equipped with workstations, cabinets and white boards instead of passenger seating.
b. Purpose:

This converted bus serves as a self-contained mobile base of operations and transportation for the Tactical Dispatch team in the response to high-risk incidents in which CPD Tactical Dispatchers have been requested and approved to assist by the SWAT Team Commander. The van also serves as a back-up mobile Dispatch Center in the event the Dispatch Center at CPD Headquarters is evacuated and dispatch services to the community cannot be delivered from CPD headquarters. c. Authorized Use:

No advanced driver license or training is required to drive the bus. The bus is driven by members of the Tactical Dispatch team and/or SWAT Team in response to high- risk incidents and SWAT training.
d. Expected Lifespan:

Estimated to be 15 years, however dependent upon operational usage and wear. e. Fiscal Impact:

Estimated annual maintenance cost of $500.00.

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Concord Police Department Military Equipment Report for 2025 11 6. Kinetic Breaching Tool
a. Description, Quantity, Capabilities, and Purchase Cost:

Aardvark Kinetic Breaching Tool (KBT). Qty: 2. Total Cost: $9,650. The KBT utilizes a proprietary .45 caliber handgun blank to deliver up to 850 ft/lbs of force through a narrowed and hardened steel ram to force open door hinges and to aid in the breaching of fortified doors. All of the force is mechanically driven through the ram and no projectile or explosive energy leaves the device. The tool weighs 28 lbs., features an 8-round cylinder for the KBT .45 caliber blanks, and a shock reduction handle system that reduces recoil force for single person operation. b. Purpose:

To rapidly open secured or barricaded doors in the most efficient and safest way during high-risk incidents, when manual tools such as a pry-bar or handheld ram would be less effective or non-effective.
c. Authorized Use:

CPD SWAT officers who have been trained in its use. CPD SWAT officers that are POST-Certified Breaching Instructors provide a minimum of 10 hours of breaching training to the team each year. CPD SWAT officers undergo an estimated 120 hours of training per year where such breaching capabilities are also incorporated. The situations where such use may be authorized are outlined within CPD policy and would include an armed and dangerous barricaded person where the speed of entry into a fortified structure is paramount to aid in the safe apprehension of the suspect. d. Expected Lifespan:

Estimated to be 10 years, however dependent upon operational usage and wear. e. Fiscal Impact:

CPD has an inventory of 50 blanks for this KBT at a cost of $40 per blank. There is no known annual maintenance cost for the KBT unit. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of the KPT .45 caliber blanks and/or KBT may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

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Concord Police Department Military Equipment Report for 2025 12 7. Breaching Shotgun
a. Description, Quantity, Capabilities, and Purchase Cost:

Remington 870 12 Gauge Pump Shotgun. Qty: 4. Total Cost: $1600.00. The shotgun has a tactical shortened barrel with a stand-off port to vent gasses and debris away from the operator of the firearm during firing. The breaching shotgun and frangible rounds are used to expeditiously defeat deadbolts, locks, and hinges of doors. The frangible round is designed to transfer its energy into the lock and/or door frame and disintegrate upon impact rather than penetrate further.

Current Breaching Round Inventory
• Royal Arms TESAR-2 425 Grain Copper Frangible Breaching Round. Qty:
500 . Estimated cost of $1500.00 - $2000.00.
b. Purpose:

To rapidly open secured or barricaded doors in the most efficient and safest way during high-risk incidents, when manual tools such as a pry-bar or handheld ram would be less effective or non-effective.
c. Authorized Use:

CPD SWAT officers who have been trained in their use. CPD SWAT officers undergo an estimated 120 hours of training per year where such breaching capabilities are incorporated and SWAT officers that are POST-Certified Breaching Instructors provide a minimum of 10 hours of breaching training to the team. Situations in which deployments would be authorized are outlined in CPD policy and would include high- risk incidents where the use of the device is required in order to expeditiously gain access to a fortified location.
d. Expected Lifespan:

Estimated to be 20 years, however dependent upon operational usage and wear. e. Fiscal Impact:

Estimated to be $0.00 - $2000.00 per year for breaching round inventory and $500.00 annually for the shotguns. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of breaching rounds and/or breaching shotguns may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

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Concord Police Department Military Equipment Report for 2025 13 8. Carbines
a. Description, Quantity, Capabilities, and Purchase Cost:

M4-style AR-15 shoulder-fire rifle chambered in .223 Remington (5.56 NATO) equipped with a non-magnified optic, sound suppressor, flashlight, modular handguard and adjustable sling. Qty: 135. Total Cost per unit is $2000.00.

Manufactures include Colt, Bushmaster, BCM, LWRC International, and Noveske.

Ammunition:
• Training: Winchester 55gr (80,000 rounds)
• Duty: Hornady TAP 75gr BTHP (30,000 rounds)
b. Purpose:

The carbine rifle is used by trained/certified officers during situations where more precision is needed, especially at a distance and beyond the capabilities of a handgun, and/or when the need to defeat soft body armor is required. c. Authorized Use:

Officers deploying a carbine rifle must have received California POST-certified training as set forth in the California Penal Code and must meet CPD qualification requirements which includes a yearly 4-hour recertification course and at minimum yearly qualification with the rifle. The use of this equipment is also determined by CPD Policy-Use of Force. Situations that may warrant the deployment of a shoulder- fire rifle include but are not limited to situations where an officer reasonably anticipates an armed encounter, when an officer reasonably believes that a suspect may be wearing body armor and/or a situation that requires more accurate and effective long-range fire.
d. Expected Lifespan:

Estimated to be 20 years, however dependent upon operational usage and wear. e. Fiscal Impact:

Estimated annual maintenance cost of $0.00 - $2500.00 for the rifles. The estimated cost of ammunition is $0.36 per training round and $0.67 for duty round. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of ammunition and/or carbine rifles may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

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Concord Police Department Military Equipment Report for 2025 14 9. Long Rifles
a. Description, Quantity, Capabilities, and Purchase Cost:

Accuracy International, model AXLE, chambered in .308 (7.62x51mm NATO) equipped with a precision magnified optic, sound suppressor, and bipod. Qty: 5.

Estimated cost per unit is $7500.00.

Accuracy International, model AXMC, chambered in .338 Lapua equipped with sound suppressor, precision optics, and bipod. Qty: 1. Estimated total cost is $9000.00.

Ammunition:
• .308 Duty and Training: Hornady TAP 175gr BTHP (8,000 rounds) • .338 Lapua – Ruag brand 250 gr HPBT( 2000 rounds)
b. Purpose:

The long rifle is used by CPD SWAT snipers who have received extensive marksmanship training to resolve high-risk situations where more precision is needed, especially at great distance, than a carbine rifle or handgun may provide, and/or when the suspect is likely to be wearing body armor. CPD SWAT sniper training includes a 40-hour basic long rifle/observer course as well as other advanced courses in addition to the estimated 120 hours of yearly training CPD SWAT officers undergo.
c. Authorized Use:

Used exclusively by CPD SWAT snipers. CPD SWAT officers deploying a long rifle must have received California POST-certified sniper/observer training and must meet CPD SWAT qualification requirements which includes at minimum qualification 3 times per year. CPD SWAT snipers use the standardized American Sniper Association qualification standards. An example of where a long rifle would be used would be in a hostage rescue situation to provide the ability to incapacitate the suspect from a safe distance with precision without harming the hostage. CPD SWAT snipers also operate as long-range observers in tactical situations. The use of this rifle equipment is also determined by CPD Policy - Use of Force. d. Expected Lifespan:

Estimated to be 20 years by the LMT and Accuracy International, however dependent upon operational usage and wear.
e. Fiscal Impact:

Estimated annual maintenance costs for the long rifles is $0.00 - $1000.00. The cost of ammunition is estimated to be $1.05 - $1.50 per round. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of ammunition and/or long rifles may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

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Concord Police Department Military Equipment Report for 2025 15 10.Pistol Caliber Carbine
a. Description, Quantity, Capabilities, and Purchase Cost:

Heckler and Koch MP5 SMG chambered in 9mm equipped with a non-magnified optic, sling, and flashlight. Qty: 16. Cost per unit $2000.00.

Ammunition:
• Training: 9mm 124gr FMJ (Winchester, Federal, Hornady). 8,000 rounds designated for the MP5.
• Duty: 9mm Federal 124gr +P HST. 8,000 rounds designated for the MP5. b. Purpose:

The pistol caliber carbine is used by trained/certified officers in instances where more precision is needed, especially at distance, than a handgun may provide, but where a carbine rifle would be too large and unwieldy, such as inside a confined space (vehicle or small room).
c. Authorized Use:

Officers deploying a pistol caliber carbine must have received California POST- certified training as set forth in the California Penal Code and must meet CPD qualification requirements which includes a yearly 4-hour recertification course and at minimum yearly qualification with the firearm. The use of this equipment is also determined by CPD Policy- Use of Force. Situations that may warrant the deployment of an MP5 SMG include but are not limited to situations where an officer reasonably anticipates an armed encounter, when an officer is faced with a situation that requires more accurate and effective long-range fire and/or where an officer reasonably expects the need to meet or exceed a suspect’s firepower. d. Expected Lifespan:

Estimated to be 20 years, however dependent upon operational usage and wear. e. Fiscal Impact:

Estimated annual maintenance cost for the MP5 SMG is $0.00 - $1000.00. The estimated cost of ammunition is $0.23 per training round and $0.31 per duty round.

Due to operational readiness and capabilities in support of first responder missions the periodic purchase of ammunition may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

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Concord Police Department Military Equipment Report for 2025 16 11. Noise Flash Diversionary Devices
a. Description, Quantity, Capabilities, and Purchase Cost:

Noise Flash Diversionary Devices (NFDD). Qty: 100. Total Cost. $4500.00. A device that creates a bright flash and loud sound to temporarily divert the attention of a subject. NFDD are used to distract and temporarily disorient suspects during high- risk incidents by overwhelming their senses of vision and hearing. The distraction allows officers to seize the moment in an effort to take control of a situation without further exposing officers and/or community members to injury or death. CPD uses the CTS 7290M and CTS 7290 NFDD.
b. Purpose:

To produce atmospheric over-pressure and brilliant white light and, as a result, cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage during the resolution of a high-risk incident. c. Authorized Use:

Used exclusively by CPD SWAT officers in accordance with the SWAT procedural manual. Situations include but are not limited to hostage and barricaded person situations and high-risk incidents where the use of an NFDD would enhance officer and community safety in order to distract a violent or otherwise dangerous person to aid in the apprehension of the suspect.
d. Expected Lifespan:

Estimated to be 5 years.
e. Fiscal Impact:

No annual maintenance cost for NFDD. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of NFDD may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

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