Concord City Council
June 24, 2025

Deyuanne Lei, P.E.

MP24-680E
April 16, 2025

Z:\Shared\R Drive\Admin\Text\Marketing\Proposals\Proposals2024\MP24-680 - Concord 3A 3E 3O\MP24-680E.docx Both the City and PEI will need to be diligent in preparing and reviewing submittals. A project schedule, with specific milestones will be created and submitted to the City after a notice to proceed is issued.

PROPOSAL FEE & FEE BREAKDOWN

PEI’s estimated fee is $518,990 which is based on our experience with similar projects and an assumed estimated project construction cost of $3,438,100 for all the project streets.

The enclosed fee breakdown, which shows our projected costs for each portion of the three (3) separate projects. Each project will be invoiced on a time and material basis except pavement analysis which will be in voiced as lump sum . The individual fees associated with each task will serve as guidelines for progress payments. Changes in scope may result in additional fees. The attached proposal conditions apply.

We welcome the opportunity to work with you and the City on this project. Please feel free to contact us at (805) 781 -2265 with any questions you may have concerning this proposal.

Very truly yours,
PAVEMENT ENGINEERING INC.

Joseph L. Ririe, P.E.

Senior Principal Engineer

Enclosures: Neighborhood Street List
Fee breakdown
Proposal conditions
2025 Professional Fee Schedule

pc: C File
M File
MP File, P/S/R

Deyuanne Lei, P.E.

MP24-680E
April 16, 2025

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CITY OF CONCORD
CITY PROJECT NO. 2742: RESIDENTIAL PAVEMENT MAINTENANCE NO. 2

NEIGHBORHOOD STREET LIST

Neighborhood 3A

• Daffodil Way – Halfmoon Lane to Windmill Way (~1,225’) • Halfmoon Court – Navaronne Way to End (~100’)
• Halfmoon Lane – Navaronne Way to Daffodil Way (~475’) • Honeysuckle Way – Navaronne Way to Daffodil Way (~600’) • Navaronne Way – Treat Boulevard to End (~2,325’)
• Silverspur Court – Navaronne Way to End (~100’)
• Sunflower Court – Navaronne Way to End (~225’)
• Sunflower Court – Sunflower Court (Cul de Sac (N) to Cul de Sac (S)) (~325’) • Terrapin Court – Torino Way to End (~550’)
• Torino Court – Navaronne Way to End (~500’)
• Torino Way – Navaronne Way to End (~1,175’)
• Turner Court – Navaronne Way to End (~100’)
• Wildflower Way – Navaronne Way to Daffodil Way (~650’) • Windmill Court – Wildflower Way to End (~400’)
• Windmill Way – Windmill Court to Daffodil Way (~550’) • Ygnacio Woods Court – Treat Boulevard to End (~1,850’)

Neighborhood 3E

• Alfonso Drive – San Simeon to San Miguel (~1,400’)
• Augusta Court – Alfonso Drive to End (~180’)
• Brookdale Court - S. End to N. End (~500’)
• Bonnie Clare Lane – Brookdale to End (~500’)
• Caribbean Court – Alfonso Drive to End (~190’)
• Corte Miguel – San Migiuel to End (~500’)
• Dayton Court – Alfonso Drive to End (~120’)
• Frayne Court – Frayne Lane to End (~200’)
• Frayne Lane – Madigan Avenue to San Miguel Road (~1,120’) • Galveston Court – Frayne Lane to End (~160’)
• Luxury Drive – San Simeon Drive to Minert Road (~750’) • Madigan Avenue – Minert to Frayne Lane (~1,600’)
• Madigan Court – Madigan to End (~320’)
• McElroy Court – Ryan Road to End (~330’)

Deyuanne Lei, P.E.

MP24-680E
April 16, 2025

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CITY OF CONCORD
CITY PROJECT NO. 2742: RESIDENTIAL PAVEMENT MAINTENANCE NO. 2 NEIGHBORHOOD STREET LIST (CONT.)

• Minert Road – San Simeon Drive to St. John Circle (~950’) • Ryan Road – San Simeon Drive to Serpa Drive (~1,400)
• Saint John Circle – Minert to Sullivan Avenue (~1,150) • Saint John Court – St. John Cir. to N. End (~300’)
• Saint John Court – St. John Cir to Springvale (~180)
• San Simeon Drive – St. Joseph Drive to End (~1,300)
• San Simeon Drive (North Bound) – Treat Blvd. to Saint Joseph (~2,750’) • San Simeon Drive (South Bound) – Treat Blvd. to Saint Joseph (~2,750’) • Serpa Drive – Ryan Road to End (~80)
• St. Joseph Drive – San Simeon Drive to End (~1,040)
• Springvale Court – St. John to S. End (~150’)
• Springvale Way – St. John to N. End (~400’)
• Sullivan Avenue – Ryan Road to St. John Circle (~600’) • Watson Court (E) – Luxury Drive to End (~250’)
• Watson Court (W) – Luxury Drive to End (~350)
• Wilshire Place – Bonnie Clare to End (~200’)

Neighborhood 3O

• Aspen Drive – Linden Lane to Tilson Drive (~1,000’)
• Brookview Circle – Brookview Drive to Brookview Drive (~ 1,000’) • Brookview Drive – Brookview Circle to Brookview Circle (~1,475’) • Carey Drive - Monument Blvd. to Victory Lane (~1,650’) • Douglas Court – Aspen Drive to End (~125’)
• Hyde Court – Aspen Drive to End (~125’)
• Judy Lane – Rae Anne Drive to Nicholas Drive (~350’)
• Linden Drive – Victory Lane to Sunshine Drive (~900’) • Lovell Court – Victory Lane to End (~700’)
• Nicholas Drive – Judy Lane to Tilson Drive (~425’)
• Rae Anne Drive – Victory Lane to Judy Lane (~900’)
• Rae Anne Court – Rae Anne Drive to End (~200’)
• Ramer Court – Rae Ann Drive to End (~140’)
• Schaupp Court – Judy Lane to End (~325’)
• Schofield Court - Aspen Drive to End (~125’)
• Victory Lane – Monument Blvd. to Linden Drive (~1,550’)

Deyuanne Lei, P.E.

MP24-680E
April 16, 2025

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FEE BREAKDOWN SCHEDULE

CITY OF CONCORD
RESIDENTIAL PAVEMENT MAINTENANCE NO. 2, PJ 2742

(Continued on Next Page)

TASK 1 PROJECT ADMINISTRATION & MEETINGS
Position Rate Hours Total
Senior Principal Engineer $270 24 $6,480
Project Management $230 78 $17,940
Assistant Engineer $185 78 $14,430
Senior Engineering Technician $165 40 $6,600
$45,450
TASK 2
3O Pavement Coring (16 Street Segments) Lump Sum $39,920 3A Pavement Coring (16 Street Segments) Lump Sum $39,450 3E Pavement Coring (29 Street Segments) Lump Sum $50,355 $129,725
TASK 3 MEASURE FIELD QUANTITIES
Senior Associate Engineer $230 45 $10,350
Assistant Engineer $185 122 $22,570
Senior Engineering Technician $165 122 $20,130
Est. Total $53,050
TASK 4 MONUMENT PERPETUATION
Assistant Engineer $185 16 $2,960
Pace Engineering $14,190
$17,150
TASK 5 UPDATE STREETSAVER DATABASE
Project Manager $230 2 $460
Assistant Engineer $165 4 $660
$1,120
TASK 6 CONCEPT LEVEL BUDGET ANALYSIS
Senior Principal Engineer $270 16 $4,320
Senior Associate Engineer $230 16 $3,680
Assistant Engineer $185 16 $2,960
Senior Engineering Technician $165 24 $3,960
$14,920
Est. Total

PAVEMENT ANALYSIS & PRELIMINARY ENGINEERING
Est. Total
Est. Total
Est. Total
Est. Total

Deyuanne Lei, P.E.

MP24-680E
April 16, 2025

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FEE BREAKDOWN SCHEDULE

CITY OF CONCORD
RESIDENTIAL PAVEMENT MAINTENANCE NO. 2, PJ 2742

TASK 7
Project Manager $230 4 $920
Assistant Engineer $185 30 $5,550
Senior Engineering Technician $165 22 $3,630
$10,100
Phase 7.1
Survey (Lump Sum) $5,000
$5,000
TASK 8 CURB RAMP DESIGNS
Senior Associate Engineer $230 0.5 $115
Assistant Engineer $185 1 $185
Senior Engineering Technician $165 1 $165
$465
Estimated Number of Ramps 35
$16,275
TASK 9
Senior Principal Engineer $270 40 $10,800
Senior Associate Engineer $230 200 $46,000
Assistant Engineer $185 384 $71,040
Senior Engineering Technician $165 384 $63,360
$191,200
Phase 9.1
Senior Associate Engineer $230 8 $1,840
Assistant Engineer $185 8 $1,480
Clerical $85 24 $2,040
$5,360
TASK 10 BID SUPPORT SERVICES
Senior Principal Engineer $270 12 $3,240
Senior Associate Engineer $230 24 $5,520
Assistant Engineer $185 24 $4,440
$13,200
TASK 11 CONSTRUCTION SUPPORT SERVICES
Senior Principal Engineer $270 24 $6,480
Senior Associate Engineer $230 24 $5,520
Assistant Engineer $185 24 $4,440
$16,440
Total Estimated Project Fee:

Est. Total
SURVEY
Est. Total

PREPARATION OF PLANS, SPECIFICATIONS & ESTIMATES
Est. Total
Survey (ALLOWANCE)
$518,990.00
Est. Total
Est. Total
Est. Total
Utility Research and Coordination
Est. Total Per Ramp

Deyuanne Lei, P.E.

MP24-680E
April 16, 2025

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PROPOSAL CONDITIONS

1. Proposal is valid for thirty days from the date of the proposal.

2. All work shall be performed utilizing common methods and practices of the civil engineering profession. Reports and construction documents will be signed by a registered civil engineer.

3. Fees for Lump Sum or Unit Price Proposals will be charged at the quoted price.

The quoted prices include all laboratory testing costs. Fees for Engineering and Technical Services on a Time and Materials Basis will be charged at the applicable hourly rates of the attached PEI Fee Schedule.

4. The proposal is based upon providing insurance with limits up to $2,000,000.

Pavement Engineering Inc.
2025 PROFESSIONAL FEE SCHEDULE
Engineering Services
Senior Principal Engineer ................................ ................................ ............................ $270/hr Principal Engineer ................................ ................................ ................................ ....... $240/hr Senior Associate Engineer ................................ ................................ .......................... $230/hr Associate Engineer ................................ ................................ ................................ ..... $210/hr Assistant Engineer ................................ ................................ ................................ ...... $185/hr Technical Services
Project Manager ................................ ................................ ................................ .......... $230/hr Construction/Laboratory Manager ................................ ................................ ............... $190/hr Senior Engineering Technician ................................ ................................ .................... $165/hr Engineering Technician ................................ ................................ ............................... $150/hr Inspector* ................................ ................................ ................................ .................... $155/hr Laboratory Technician ................................ ................................ ................................ . $130/hr Clerical ................................ ................................ ................................ ........................ $ 85/hr Field Services
PW Deflection Testing** ................................ ................................ .............................. $585/hr PW Coring** ................................ ................................ ................................ ................ $470/hr PW Deflection Testing/Coring Travel* ................................ ................................ ......... $390/hr PW Traffic Control ................................ ................................ ................................ ....... $325/hr PW Traffic Control Travel* ................................ ................................ ........................... $275/hr *Two (2) hour minimum **Four (4) hour minimum
Basis of Charges
Miscellaneous Charges
Equipment rental, reproductions, testing (other than
by PEI), photographic expenses and other outside services: ................................ Cost + 15%

Staff Report
Date: June 24, 2025
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Greg Taylor, Director of Information Technology [email protected]
(925) 671-3189
Subject: Considering approval of nine (9) agreements involving annual license, maintenance, purchase and support for Information Technology systems in the total not-to-exceed amount of $1,927,482 for the 2025-26 Fiscal Year; and authorizing the Director of Information Technology to execute the agreements and supporting documents in a form acceptable to the City Attorney. (General Fund)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), and/or 15378.

Report in Brief
The Director of Information Technology requests authorization to expend $1,927,482 in funds budgeted in Fiscal Year 2025-26 to maintain various license, maintenance, purchase and support agreements. These agreements provide the City with access to manufacturers’ technical support, software upgrades, Network Infrastructure support and the ability to purchase required computer and server equipment for the coming fiscal year. Each of the license, maintenance, purchasing and support agreements are for a single one-year period. The listed agreements either exceed $90,000 individually or in aggregate to a vendor, which requires authorization by Council to expend the funds in accordance with the City’s Procurement Policy.

Recommended Action
Approve nine (9) agreements involving annual license, maintenance, purchase and support for Information Technology systems in the total not-to-exceed amount of $1,927,482 for the 2025-26 Fiscal Year; and authorize the Director of Information

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City Council Agenda Report
Agenda Item No. 4.g
June 24, 2025
Technology to execute the agreements and supporting documents in a form acceptable to the City Attorney and make the CEQA determinations as provided in this staff report.

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

Annual license, maintenance, purchase and support agreements provide the City with critical vendor hot patches, service packs, major revision upgrades, new server and computer system replacements and network and security infrastructure support. The City requires these agreements to maintain reliable, secure, and highly available business systems. The following is a brief description of each:
• Accela Automation (Attachment 2: $255,541) – The Accela Automation software is used to process and print the Building, Code Enforcement, and Planning required permits, track land use and zoning, and support the Sewer Levy revenue process. Accela Automation provides multiple departments within the City a solution to automate permits, workflow, forms management, activity tracking, citizen relationship management and other important daily tasks. The Geographical Information System (GIS) interface provides staff direct access to view spatial representations of all land use, zoning, and infrastructure information associated with a parcel, permit, inspection, or plan. If this system is not maintained, the City would lose automated permits tracking, Sewer Levy assessments, land management and web access for the planning, building, housing and economic development and code enforcement groups. • Accela CRM/Concord Connect (Attachment 3: $23,500) – The Accela Customer Relationship Management (CRM) tool allows citizens to submit non- emergency requests via a mobile app and/or web browser. This application is utilized by multiple City departments and provides a way to create a ticket, submit it directly to the responsible department, and track its resolution. It is a public facing application that is currently in use and deployed throughout the City.

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

City Council Agenda Report
Agenda Item No. 4.g
June 24, 2025
the support agreement also provides access to required annual tax code updates. This system will be replaced by the new WorkDay solution upon its implementation in 2026.
• Arisma Group dba Cendien Consulting (Attachment 5: $375,000) – Lawson requires additional contracted support for maintenance, patching and programming through Cendien, LLC. The current Cendien contract expires on June 30, 2025. Cendien is actively working through the critical transition from Lawson to the City’s new ERP system, WorkDay. The proposed agreement with Cendien Consulting will be for a one-year term with a not-to-exceed amount of $375,000. On March 17, 2021, in accordance with City of Concord Procurement Policy, the City issued a Request for Proposal (RFP #2452) for Lawson Consultant Services. Two companies responded and Cendien was chosen to be the optimal respondent using selection criteria that included qualifications, experience, technical expertise and cost.
• EBRCSA – East Bay Regional Communications System Authority (Attachment 6: $255,837) – Provides Radio Infrastructure and Police Dispatch Console support for all Police, Public Works, Parks & Recreation, Community Development, and IT radios. Without EBRCSA participation, the City would incur additional operating costs for maintaining its own public safety radio system with less interoperability and capabilities.
• Contra Costa County Public Safety Systems (Attachment 7: $314,000) – The CAL-Remote Access Network was established in 1989 and is contributed to by all County agencies. Its primary function is to enable jail bookings through the LiveScan fingerprint capture and recognition system. The annual contribution is based upon the number of contributing agencies and each City’s population. The All-County Criminal Justice Information Network (ACCJIN) in Contra Costa County, California, was established in 1990 and links 23 individual criminal justice information systems and provides Concord Police with access to law enforcement data at the Local, County, State, and Federal levels. The Office of the Sheriff maintains the Automated Regional Information Exchange System (ARIES) database and the Domestic Violence Relational Database. Both collect data from California jurisdictions, and multiple counties utilize and share information to support increased monitoring and law enforcement efforts. Police and Dispatch use Level II software for accessing the ACCJIN Network to query the Department of Justice (CLETS and ARIES) Databases. These services also provide some license plate reader capabilities that assist with stolen vehicle recovery. Without these services, the Police Department would not be able to receive timely information from Local, State or Federal criminal databases. • Asset Essentials/Predictor Enterprise from Dude Solutions (Attachment 8:
$130,541) – Provides a work order management system to manage and maintain City Facilities and Assets, including sewer pipes, traffic signals, streetlights, parcels and other important data. These assets can be selected and work can be

City Council Agenda Report
Agenda Item No. 4.g
June 24, 2025
assigned and recorded, allowing staff to track and monitor the completion of work. The system calculates and predicts the cost of work performed by work type, work location, or employee. This software also allows Public Works to provide timely and accurate information related to services provided to the community. Without this work order management system, Public works would be limited to a paper-based system, which would compromise timely completion of work on critical city assets.
• DELL INC Computer/Server Systems (Attachment 9: $175,000) – The City of Concord purchases the majority of its Information Technology equipment, which include desktop computers, laptops and citywide servers from DELL, Inc. By using a single vendor, parts are more easily interchangeable, configurations can be standardized, and software installations quickly replicated. In order to obtain superior pricing via economies of scale, the City uses a National Association of State Procurement Officers (NASPO) Value Point Cooperative contract. DELL, Inc. is part of the NASPO Value Point Master Price Agreement Contract No. 23026, of which the State of California participates through California Participating Addendum No. 7-23-70-55-01. The City can use the NASPO Value Point Cooperative to purchase Information Technology equipment at lower prices than those the City would obtain through its own competitive bidding. • PTCE Group LLC – Network Infrastructure and Security Support (Attachment 10: $150,000) – The City utilizes an extensive network of Cisco switches, proprietary firewalls and IT security applications to ensure system reliability. In order to implement, upgrade, and maintain these varied systems, the City relies on specialized contractor support. On April 7, 2023, in accordance with City of Concord Procurement Policy, the City issued a Request for Proposal (RFP #040623) for IT Infrastructure Support Services. Five companies responded and PTCE Group was chosen to be the optimal respondent using selection criteria that included qualifications, experience, technical expertise and cost. The current PTCE Group contract expires on June 30, 2025 and the City seeks to enter into a new one-year agreement.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15378, and/or 15061(b)(3), award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”

City Council Agenda Report
Agenda Item No. 4.g
June 24, 2025
Financial Impact
There is no additional fiscal impact associated with this action as all necessary funding for the license, maintenance, purchase and support agreements listed have been previously budgeted and approved by Council in the adopted Fiscal Year 2025-26 budget.

Public Contact
The City Council Agenda was posted.

Attachments

1. Table 1 – Systems Listing

2. Accela Automation Agreement

3. Accela CRM Agreement

4. Infor (Lawson) Agreement

5. Arisma Group dba Cendien Consulting Agreement

6. East Bay Regional Comm System (EBRCSA) Agreement

7. Contra Costa County Public Safety Agreements

8. Dude Solutions Agreement

9. DELL NASPO Agreement

10.PTCE Group Agreement

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

FY 25/26 $255,541
3 Accela CRM Accela Government Software Software for citizens to submit non-emergency requests via a mobile application or web browser.

FY 25/26 $23,500
4 HR/Finance System Software Infor (Lawson) City’s Enterprise Resource Planning System used for financial reporting, budgeting, accounts payable, employee position control and various other City operations.

FY 25/26 $248,063
5 HR/Finance System Support Arisma Group dba Cendien LLC Provides maintenance, patching and programming support. Currently completing critical required upgrade for Lawson software.

FY 25/26 $375,000
6 East Bay Regional Comm System EBRCSA JPA Provides Radio infrastructure and Police Dispatch Console support for all Police, Public Works, Parks & Recreation, Community Development and IT radios.

FY 25/26 $255,837
7 CLETS, ARIES, and CAL-Remote Access Network Contra Costa County California Law Enforcement Telecommunications System (CLETS) is used to transmit highly sensitive Public Safety information between law enforcement agencies throughout the State. Automated Regional Information Exchange System (ARIES) database is used to share Public Safety information throughout Contra Costa County. CAL-Remote Access Network enables jail bookings through the LiveScan fingerprint capture and recognition system.

FY 25/26 $314,000
8 Asset Essentials and Predictor Enterprise Dude Solutions Software used for work order management and to track City facilities and assets.

FY 25/26 $130,541
9 Server and Computer Replacement DELL Inc. Citywide vendor for server, desktop and laptop replacement as well as for other information technology components.

FY 25/26 $175,000
10 Network Infrastructure Support PTCE Group LLC IT infrastructure, server and network security contracted support.

FY 25/26 $150,000
TOTAL $1,927,482
Attachment 1
TABLE 1: SYSTEMS LISTING

ATTACHMENT 2

Attachment 3

Attachment 4

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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT ("Agreement") is entered into on July 1, 2025 between the City of Concord ("CITY") and Arisma Group LLC, dba Cendien Consulting, 1846 E Rosemeade Pkwy, Suite
200, Carrollton, Texas 75011 (“CONSULTANT”).

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

The CITY desires to c ontract with CONSULTANT t o provide the professional s ervices described in
Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.

NOW, T HEREFORE, IN C ONSIDERATION of the mutual covenants a nd 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, 2026.

A. Extension of Term. Upon mutual written agreement by the parties, the term of this

Agreement may be extended for two additional period(s) of 1 year(s) each commencing upon the expiration of the initial or extended term, subject to the same terms and conditions of this Agreement.

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

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

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

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, shall in no event shall the amount CITY pays CONSULTANT exceed Three Hundred Attachment 5

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

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

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

5. AMENDMENT TO AGREEMENT . This Agreemen t may be amended in writing, subject to approval by both parties. If additional services are requested by CITY other than as described in the above Scope of Services, this Agreement may be amended, modified, or changed by the parties subject to mutual consent and in accordance with the CITY’s Municipal Code by execution of an Amendment by authorized representatives of both parties setting forth the additional scope of services to be performed, the performance time schedule, and the compensation for such services.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

D. Compliance with State Workers' Compensation Requirements .

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

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

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

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

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

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

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

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

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

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

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

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

C. Solicitations for Subcontractors including Procurement of Materials and

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

16. CONFLICT OF INTEREST.

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

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

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

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

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

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

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

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

22. SUCCESSORS AND ASSIGNS: NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE. CITY and CONSULTANT respectively, bind themselves, their successors, assigns, and legal representatives to the terms and obligations of this Agreement. CONSULTANT shall not assign or transfer any interest in the Agreement without the CITY's prior written consent, which consent shall be in the CITY’s sole discretion. Any attempted assignment or transfer in breach of this

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

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

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

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To CITY: Greg Taylor , Director
Information Technology Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3189
Email: [email protected]

To CONSULTANT: Israel Denis, President and Managing Director Cendien Consulting
1846 E Rosemeade Pkwy, Suite 200
Carrollton, Texas75011
Phone: (214)245-4580
Email: [email protected]

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

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

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

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

Signatures on next page

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CONSULTANT CITY OF CONCORD, a Municipal
Corporation

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

Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk

FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED

DURING THE
CURRENT FISCAL YEAR 2025/2026 TO PAY THE ANTICIPATED
EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

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

Finance Director's Signature

City of
Concord
2025-2026 1) Managed Services Renewal:

Item Description Base Hours Hourly Rate
Managed Services Lawson Programming Services 24 hours / week
$140.00
Database
Administrator
Support
Database Support 12 hours/
week
$140.00
Overage Lawson Programming Services As needed $140.00

EXHIBIT A

Attachment 6

Attachment 7

Attachment 8

ATTACHMENT 9

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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT ("Agreement") is entered into on July 1, 2025 between the City of Concord, a California municipal corporation,
("CITY") and PTCE Group LLC, a corporation, 1397 S.

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

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

The
CITY desires t o c ontract with CONSULTANT to provi de t he pr ofessional s ervices described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE , I N C ONSIDERATION o f t he m utual covenant s and promise s of t he parties herein contained, the parties hereto agree as follows:

1. TERM. This Agreement shall commence on July 1, 2025 and expire on June 30, 2026.

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

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, shall in no event shall the amount CITY pays CONSULTANT exceed One Hundred Fifty Thousand dollars ($150,000) for the term of this Agreement. Any Amendment to this Agreement that includes an increase to
this compensation amount shall be made in accordance with Section 5 below.

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

4. AUTHORIZED REPRESENTATIVES . Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required Attachment 10

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

5. AMENDMENT TO AGREEMENT . This Agreemen t may be amended in writing, subject to approval by both parties. If additional services are requested by CITY other than as described in the above Scope of Services, this Agreement may be amended, modified, or changed by the parties subject to mutual consent and in accordance with the CITY’s Municipal Code by execution of an Amendment by authorized representatives of both parties setting forth the additional scope of services to be performed, the performance time schedule, and the compensation for such services.

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

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

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

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

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

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

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

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

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

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

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

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

CONSULTANT’s records, documents, calculations, and all other instruments of service pertaining to actual project shall be given to CITY at the completion of the project.

The CITY reserves
the right to specify the file format that electronic document deliverables are presented to the CITY.

10. INDEMNIFICATION .

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

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

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

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

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

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

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

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

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CONSULTANT agrees as follows:

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

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

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

16. CONFLICT OF INTEREST.

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

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

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

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

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

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

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

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

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between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discuss ions between CONSULTANT and CITY, whether oral or written.
//
//

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

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

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

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

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

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

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

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

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

CONSULTANT CITY OF CONCORD
, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Cedrick Major Name: Gregory Taylor
Title:

Owner/Managing Partner Title IT Director
Address: 1397 S. Maya Way Address: 1950 Parkside Drive
Mountain House, CA 95391 Concord, CA 94519
Telephone: (559)519-6796 Telephone: (925) 671-3189
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne
Meyer Brown Joelle Fockler, MMC
City Attorney City Clerk

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FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 25/26 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $_________________. Account Code .

Finance Director's Signature

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

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

Engagement Governance

PTCE Group will:

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

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

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

4. Determine with the client the reporting and status process for the engagement.

a. Kickoff Call
b. Regularly scheduled status calls
c. Status reports
d. Escalation process

Infrastructure and Security Support

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

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

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

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

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

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

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

Customer responsibilities

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

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

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

Description Rate
Infrastructure Support $100/hr.

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

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

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EXHIBIT “B”

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

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

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

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

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

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

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

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

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

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

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

2. Primary Coverage.

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

3. Reporting Provisions.

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

4. Verification of Coverage.

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

5. Inclusion in Subcontracts. To the extent any of the services required of

CONSULTANT
under this Agreement are subcontracted to a third party, CONSULTANT shall include all of the provisions of this Section in all such subcontracts as obligations of the subcontractor.

Staff Report
Date: June 24, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Justin Ezell, Assistant City Manager, and
William Tarbox, Public Works Director
Prepared by: Kit P. Jory Sr., Parks Division Manager
[email protected]
(925) 671-3385
Subject: Considering approval of a five-year License Agreement with Oakland Urban Farming Project for the purpose of planning, funding, and implementing improvement and maintenance of a community garden at Hillcrest Park in coordination with the City; and authorizing the City Manager to execute the
agreement in a form acceptable to the City Attorney.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15301, 15302, 15303, 15304, 15305, 15323, 15327, and/or Public Resources Code Section 21065.

Report in Brief
On May 12, 2025, the Policy Development and Internal Operations committee (PDIO) met and reviewed the history and status of establishing a community garden at Hillcrest Park. The community group that had previously committed to partner with the City on this endeavor submitted a formal withdrawal from the project in April 2025 and the PDIO committee heard a presentation from Oakland Urban Farming Project (OUFP), supported by local community members, on how they could move this project forward.

As a result, the PDIO committee recommended bringing a request to Council to consider directing staff to work on an agreement with OUFP to develop and maintain a Community Garden at Hillcrest Park.

4.h4.h

City Council Agenda Report
Agenda Item No. 4.h
June 24, 2025
Recommended Action
Approve a five-year License Agreement with Oakland Urban Farming Project for the purpose of planning, funding, and implementing improvement and maintenance of a community garden at Hillcrest Park in coordination with the City, authorize the City Manager to sign an agreement in a form acceptable to the City Attorney, and make the CEQA determinations as provided in this staff report.

Background
For over 40 years, the City has collaborated with outside community groups and volunteers to transform underutilized publicly owned land into spaces that provide public benefit at minimal public cost. These collaborations and use of volunteerism to maximize the utility of public space provide immense public benefit. One successful example of these partnerships is the planting and care of the many varieties of plants and trees, the International Garden, and the community garden all located at Markham Park. The community garden allows members of the Concord community to improve parks spaces that receive little to no use, grow their own fruits and vegetables in a communal setting, and maximize the use of City-owned land for public benefit with little to no cost to the public. These activities have been historically conducted by outside organizations, who coordinate as appropriate with the City, are formally organized, fully licensed and insured, are willing and able to sign a licensing agreement with the City.

These community groups oversee their own operations as not-for-profits, have boards, organizational rules/by-laws, and hold their internal staff and other volunteers accountable
In early 2022, various community members approached the City requesting the establishment of a secondary community garden. Staff worked with its existing partner, Markham Regional Arboretum Society to identify a suitable location for this new community garden and Hillcrest Park was identified as the most suitable location available. Hillcrest Park is a roughly 30-acre park located at Olivera Road and Grant Street. Situated at the park is the Don Fernando Pacheco Adobe. The park has two baseball diamonds, a soccer field, disc golf course, all-abilities children’s playground, creek, restroom, and other natural features. For approximately three years, staff from the Public Works Department and members of the Concord community discussed, planned, and intended to establish a new community garden here. The timing of the community garden was delayed to allow for the completion of a significant capital project in the park, the Hillcrest Park Green Infrastructure Project. In April 2025, Markham Regional Arboretum Society withdrew from the agreement to establish a community garden at Hillcrest Park.

This information was brought before the Policy Development and Internal Operations Committee (PDIO) (Obringer/Nakamura) on May 12, 2025, where Oakland Urban Farming Project, supported by several community members, communicated interest in entering into a licensing agreement with the City to establish the community garden at Hillcrest Park. After lengthy discussion and the presentation of a conceptual plan, the

City Council Agenda Report
Agenda Item No. 4.h
June 24, 2025
PDIO Committee recommended this be referred to the City Council to request support for the City entering into into an agreement with Oakland Urban Farming Project to establish a community garden at Hillcrest Park.

Analysis
There are engaged community members who have established a relationship with Oakland Urban Farming Program (OUFP) organization, and OUFP has expressed interest to the PDIO Committee in entering into a license with the City to facilitate, plan, and fund a community garden at Hillcrest Park. Having a community partner for the Hillcrest Park community garden is critical for the project to be successful. The City does not have funding or staff to lead such an effort so relies on partner agencies. . City staff can and will provide general oversight and guidance to OUFP on this project. No City costs are requested for construction, maintenance or operations, other than incidental staff time and the provision of free water to all garden users.

Public Works identified the area where a community garden can be located at Hillcrest at the eastern edge of the park, adjacent to the Via Delta de Anza Trail. Location choices matter because there needs to be an ability to provide water and access to the site, without disrupting other major activities within the park. The City’s Parks, Recreation, and Open Space Commission provided favorable feedback on the location and use during an October 13, 2021, staff presentation on the Hillcrest Park Community Garden.

City staff have reviewed the concept proposal presented by Oakland Urban Farming Project (OUFP) and the local community volunteers that are interested in facilitating this project. OUFP has been established since 2021 and has the foundation, organizational structure, and local support necessary to establish and maintain this project.

Financial Impact
There are no costs identified with the staff recommendation, other than incidental costs associated with staff time and costs of water.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), and/or 15061(b)(3), City Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” In the alternative, the license agreement is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 – Existing Facilities, 15302 -- Replacement or Reconstruction, 15303 – New Construction or Small Structures, 15304 – Minor

City Council Agenda Report
Agenda Item No. 4.h
June 24, 2025
Alterations to Land, and/or 15305 – Minor Alterations in Land Use Limitations, 15323 – Normal Operations of Facilities for Public Gatherings, and/or 15327 – Leasing New Facilities.

Public Contact
The City Council Agenda was posted.

Attachment

1. Sample License Agreement

LICENSE AGREEMENT
This License Agreement (“Agreement”) is entered into on , 2025 (Effective Date”) between the City of Concord, a California municipal corporation (“City”) and ORGANIZATION NAME, a 501(c)(3) non-profit corporation (“Licensee”).

Recitals
A. City owns certain real property generally located at 2086 Olivera Road, Concord, CA (APNs 110-130-011, 110-550-013, and 110-550-012) known as Hillcrest Park (“Property”).

B. Licensee would like to obtain a temporary, non-exclusive, and limited right, privilege, and permission to use portions of the Property as shown on Exhibit A (“License Area”) for the purposes detailed below in 1.a. in this Agreement.

C. City is willing to allow such use pursuant to the terms of this Agreement.

Terms and Conditions
NOW, THEREFORE, in consideration of the mutual promises herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Licensee agree as follows:

1. License
A. Grant of License. City hereby grants to Licensee a non-exclusive and limited right, privilege, and permission to use the License Area (including reasonable access to the License Area) for the following activities:
1) Manage community gardens in License Area (as specifically described in this License Agreement), including planning, funding, and maintaining community gardens and related infrastructure in coordination with the City;
2) Grow plants (primarily food and habitat crops) in community gardens within the License Area for the personal enjoyment of and consumption by community garden plot holders and their households, and potential gifting of excess crops to foodbanks and the greater community at large;
3) Hold meetings and gardening-related classes: At Hillcrest Park 2086 Olivera Road, Concord, CA for meetings and gardening- related classes;
4) Maintain community gardens (that will be planned and installed by Licensee), mainly the community garden and adjacent area, in and around the grounds of 2086 Olivera Road, Concord, CA.

CCA-6042
Attachment 1

a. Store and use garden tools for watering, trimming, weeding, and other maintenance activities;
b. In coordination with city staff, perform maintenance work in gardens, including organizing and overseeing volunteers working in the gardens;
5) Miscellaneous with prior City approval: perform other community garden-related activities as coordinated and agreed with the City in writing, acting by and through the Director of Public Works; This License Agreement shall be subject to all leases, subleases, easements, restrictions, and reservations now or subsequently pertaining to the License Area, the Property, or any portion thereof. Parties may mutually agree to add additional community gardens on property owned or under the control of the City by amending License Area, to be operated under all terms and conditions of this Agreement, subject to approval of the City.

B City Access. Licensee agrees that the City or its appointed representatives shall have access to the License Area at all times. City shall have the unrestricted right to observe all activities by Licensee and/or any Licensee Party at the Property. “Licensee Party” means any of Licensee’s partners, officers, officials, volunteers, shareholders, members, employees, agents, invitees, representatives, contractors, subcontractors, sub-licensees, successors, assigns, consultants, experts, and any other person or entity affiliated with Licensee or under Licensee’s direction or control.

C. Condition of Property. Licensee represents and warrants that Licensee has inspected and examined the License Area and accepts the License Agreement in its present “as is” condition. Licensee acknowledges and agrees that neither City, nor anyone acting for or on behalf of City, has made any representations, warranties, or promises to Licensee, or to anyone acting for or on behalf of Licensee, concerning the condition of the License Area, the Property, any portion thereof, or any other aspect thereof including any structures or improvements located thereon, the availability of utilities, or the absence or presence of hazardous materials. Licensee shall keep the License Area in a clean, orderly and sanitary condition to the satisfaction of the Public Works Director or designee. Licensee agrees to take proper care to maintain and preserve the property of City. Upon expiration or other termination of this Agreement, Licensee shall remove all of its employee vehicles and other temporary installations from and shall repair and restore the License Area, the Property, and all portions thereof, and shall peaceably surrender such areas to the City clean and good condition, work and transformations consistent with mutually agreed upon work plans or the Master Plan excepted.

D. Risk of Loss. City assumes no responsibility for loss or any damage to the property of the Licensee or Licensee’s employees, including theft, vandalism or other property loss or damage incurred as a result of Licensee’s use of the License Area.

E. Advertising. Licensee shall not at any time display any advertising sign without City’s prior written approval, which City may condition or withhold in its sole discretion.

2. Term. The term of this License Agreement shall be for a period of five (5) years commencing on XXXXXXXXX (“Commencement Date”) and expiring on XXXXXXXXX. The term may be extended by the parties upon mutual written agreement by the parties. The City Manager is authorized to execute such renewal or extension of the License Agreement, and is further authorized to terminate this Agreement at any time or remove any portion of the License Area in Exhibit A from this Agreement. This AGREEMENT shall take effect on the date set. If CITY should elect to terminate this AGREEMENT, Licensee agrees to immediately cease all operations and activities on the Licensed Area.

3. Possessory Taxes. Licensee acknowledges and agrees to pay when due any taxes of any kind and every nature, including but not limited to possessory interest tax that may be imposed upon the License Area or Licensee’s use thereof pursuant to Revenue and Taxation Code Section 107.6.

4. Consideration. The consideration for this AGREEMENT in exchange for Licensee’s use of the Licensed Area shall be Licensee’s provision of gardening- associated recreational activity, programming and services, and maintenance and/or repair of the Licensed Areas, at no cost to City, pursuant to the terms and conditions of this Agreement and in accordance with all policies for recreation and/or park purposes, together with the attendant benefits to the people of the City of Concord.

5. Improvement Maintenance Projects and Community Gardens. “Improvement maintenance projects and community gardens” means the planting and care of plants and trees, and all improvements needed for plant and tree care such as irrigation and plumbing, trimming and removal, fertilizing, mulching, educational kiosks, and other horticultural activities, in addition to staking out and assigning community garden plots and installing fences in locations approved by the City, and collection of fees to cover costs for said activities performed within the License Area. Absent an amendment or modification of this Agreement, no activities other than those described above are allowed. No other alterations (including temporary or permanent structures, changes and/or additions) shall be made to the License Area, the Property, or any portion thereof, and no other work or activities shall be allowed without City’s prior written consent, which City may condition or withhold in its sole discretion. Licensee shall provide City with at least thirty (30) days prior written notice before conducting any work beyond gardening in existing gardening beds. All work and all other activities pursuant to this Agreement shall be at the sole cost and expense of Licensee.

6. Conditions. The term “conditions” means the following:

A. City and Licensee have developed and maintained Hillcrest Park License Area in accordance with the Master Plan. A copy of the Master Plan is on

file in the Office of the City Clerk.

B. City agrees to provide License Area for the purpose of developing community gardens; Licensee agrees to operate and maintain community gardens at its own expense in accordance with Exhibit B.

C. During the first quarter of each calendar year, City and Licensee will mutually develop a work plan for License Area improvements and maintenance for the year.
(1) The work plan will indicate what improvements and/or maintenance each party plans to perform within License Area for that year.
(2) The work plan shall be considered a guideline only, and neither party shall be under any obligation to actually undertake any project thus identified.
(3) City shall have ultimate authority to approve, deny, or modify work plan activities.
(4) Licensee shall not undertake any work identified in the work plan until it has received written authorization from City, which shall be granted by January 31st of each calendar year.

D. Licensee guarantees that prior to any person performing Licensee activities will sign City Volunteer Waiver (Exhibit C).

E. Licensee shall have no authority to supervise, direct, or order the work of City or its employees.

F. City shall at all times have full authority to determine specific outcomes to be achieved by all work performed under this Agreement, but in respect to Licensee, its members, and any non-members working on Licensee’s behalf, including but not limited to contractors and employees of the Licensee, City shall have no authority to control the means by which such outcomes are accomplished. As used herein the term “specific outcomes” shall mean the work plan developed for the License Area.

G. Licensee, its members, volunteers, and any non-members working on the Licensee’s behalf, including but not limited to contractors and employees of Licensee, are not and shall not be deemed to be employees of City. To the extent applicable, Licensee and its contractors shall comply with all State and Federal laws pertaining to employment and compensation of their employees or agents, including the provision of Workers Compensation.

H. Absent an amendment or modification of this Agreement, no activities other than those described above are allowed. No alterations except those mutually agreed in the work plan (including temporary or permanent structures, changes and/or additions) shall be made to the License Area, the Property, or any portion thereof, and no other work or activities shall be allowed without City’s prior written consent, which City may condition or withhold in its sole discretion.

7. Coordination. The Public Works Department shall manage the coordination of

activities between City and Licensee.

8. Volunteer Status. All work performed by Licensee, its members and any non- members working on Licensee’s behalf, including but not limited to contractors and employees of Licensee, shall in relation to City be entirely voluntary in nature, and City shall not provide any remuneration, meals, transportation, lodging, or incidental expenses to Licensee or aforementioned members or non-members for such work.

9. Permits for Use of License Area. Permits for public use of the License Area, excepting the permitting of community garden plots as described in Exhibit B, shall be issued by the City.

10. Ownership of Capital Improvements and Personal Property. Without regard to the manner in which they are financed, all permanent structures, buildings, roadways, walkways, parking facilities, permanent plantings, fences, and all other capital improvements to the License Area shall, by virtue of their installation, construction or attachment become the property of City, and Licensee shall have not title to them.

Licensee may from time to time purchase or supply items of personal property for use in the License Area or in connection with License Area activities. All such items shall remain the property of Licensee and City shall have no title or claim thereto. Each such item of personal property shall be clearly labeled as belonging to Licensee.

11. Indemnification. The following obligations are in addition to those imposed by applicable provisions of the Concord Municipal Code. Licensee agrees to and shall defend (with independent counsel approved by the City), indemnify and hold harmless the City, its officers, officials, employees, agents, representatives and volunteers (each, a “City Party”) from and against any and all claims, demands, actions, losses, damages, injuries, and liability, including all attorney’s fees, expert fees, consultant fees, and other litigation costs and expenses (“Claims”) arising out of or connected in any way with: (a) the Permitted Use; (b) Licensee’s or any Licensee Party’s activities on or about, operation of, access to, and/or use of, the License Area, the Property, or any portion thereof; (c) this Agreement; or (d) Licensee’s or any Licensee Party’s performance, non- performance, breach, or default under this Agreement (individually and collectively, “Activities”), except to the extent caused by City’s sole or active negligence or willful misconduct.

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

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

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

for bodily injury, personal injury, and property damage.

C. Compliance with State Workers’ Compensation Requirements.

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

D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain the following provisions:
(1) Additional Insured. City, its officers, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of Licensee and operations of Licensee, premises owned, occupied, or used by Licensee. The coverage shall contain no special limitations on the scope or protection afforded to City, its officers, officials, employees, or volunteers. Except for worker’s compensation and professional liability insurance, the policies mentioned in this subsection shall name City as an additional insured and provide for notice of cancellation to City. Licensee shall also provide timely and prompt notice to City if Licensee receives any notice of cancellation or nonrenewal from its insurer.
(2) Primary Coverage. Licensee’s insurance coverage shall be primary insurance with respect to City, its officers, officials, employees, and volunteers.

Any insurance, risk pooling arrangement, or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be in excess of Licensee’s insurance and shall not contribute with it.
(3) Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the City, its officers, officials, employees, or volunteers.
(4) Verification of Coverage. Licensee 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.

13. Compliance With Laws. Licensee shall at all times comply with, and shall pay all costs and expenses which may be incurred or required to be paid in order to comply with, any and all laws, statutes, ordinances, rules, regulations, permitting requirements, labor codes, prevailing wage requirements, hazardous materials laws, the Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et seq., covenants and restrictions of record, life and fire safety and similar requirements, including those of the State of California, the County of Contra Costa, the City of Concord, or other applicable authority, all as amended from time to time (“Laws”) which apply to any Licensee Activities, including those requiring payment of any fees, charges or assessments arising out of or in any way related to any Activities or any portion thereof as a source of adverse environmental impacts or effects. Licensee shall not permit or suffer any mechanic’s lien to be filed against the License Area, the Property, any portion thereof, or any interest therein, and shall immediately discharge any such lien. Licensee agrees to and shall protect, defend (with independent counsel approved by the City), indemnify and hold harmless the City and each City Party from and against any and all Claims arising out of or connected in any way with any such lien, except to the extent caused by City’s sole or active negligence or willful misconduct.

14. Environmental Matters.

A. Definitions. “Hazardous Materials” means hazardous waste (as defined in 42 U.S.C. 16901, et seq.), hazardous substance (as defined in 42 U.S.C. §9601, et seq.), and any other hazardous, toxic, radioactive, carcinogenic, or prohibited materials, substances or wastes. “Hazardous Materials Laws” means all Laws concerning the management, use, generation, storage, transportation, presence, discharge or disposal of Hazardous Materials.

B. Generator. City shall not be identified on any documents or otherwise as the generator of any materials or wastes on any manifests or similar documents regarding any Hazardous Materials, or any other materials or wastes resulting from the Work.

C. Compliance with Hazardous Materials Laws. Licensee shall, at its sole cost and expense, comply with all Hazardous Materials Laws. Neither Licensee nor any Licensee Party shall use, handle, store, transport, release or dispose of any Hazardous Materials anywhere in, on, under or about the License Area, the Property, or any portion thereof. Licensee shall cause any and all Hazardous Materials brought onto, used, generated, stored or discharged in, on, under or about the License Area, the Property, or any portion thereof to be removed from the License Area, the Property, and all portions thereof, and transported for disposal in accordance with applicable Hazardous Materials Laws. City shall have the right to conduct tests, inspections and surveys concerning Hazardous Materials and to monitor Licensee’s compliance with its obligations concerning Hazardous Materials and Hazard Materials Laws. Licensee shall immediately notify City in writing of any voluntary clean-up or removal action instituted orproposed by Licensee, any enforcement, clean-up, removal or other governmental or regulatory action instituted or threatened, or any claim made or threatened by any person against Licensee, the License Area, the Property, or any portion thereof, relating to Hazardous

Materials or Hazardous Materials Laws. Licensee shall also supply to City as promptly as possible, and in any event within five (5) business days after Licensee receives or sends same, copies of all claims, reports, complaints, notices, warnings or asserted violations concerning Hazardous Materials or Hazardous Materials Laws which in any way relate to any of the Activities.

D. Indemnification for Hazardous Materials. In addition to the indemnification provision set forth in Section 10 above, except to the extent caused by City’s sole or active negligence or willful misconduct, Licensee agrees to and shall defend (with independent counsel approved by the City), indemnify and hold harmless the City and each City Party from and against any and all Claims (including investigation, removal, remediation, cleanup and monitoring costs), asserted against or incurred at any time and from time-to-time by reason of or arising out or connected in any way with (a) the presence or release of any Hazardous Materials in, on, under or about the License Area, the Property, or any portion thereof; (b) any Activities; (c) the use, generation, storage, treatment, handling, transportation, disposal or release of any Hazardous Materials by or for Licensee or any Licensee Party; or (d) the violation of any Hazardous Materials law by Licensee or any Licensee Party. Such indemnity obligation shall include any Claims for tangible or intangible property damage; compensation for lost wages, business income, profits or other economic loss; damage to the natural resource or the environment; nuisance; trespass; and/or contamination, leak, spill, release or other adverse effect on the environment.

15. 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.

16. 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.

17. Enforceability; Interpretation. All duties and obligations of Licensee hereunder shall also be deemed to the duties and obligations of each Licensee Party, and Licensee shall be responsible for any breach of any provision of this Agreement by any Licensee Party. 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 Licensee 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 drafting the language to be interpreted.

Each party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof.

Headings used in this Agreement are for convenience of reference only and shall not be used in construing this Agreement. Where the context so requires, the use of the singular shall include the plural and vice versa. The words “include” and “including” shall be interpreted as though followed by the words “without limitation.”

18. 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, and merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between Licensee and City, whether oral or written.

19. Successors and Assigns; No Third Party Beneficiaries; No Joint Venture.

Licensee binds itself and its successors and assigns to the terms and obligations of this Agreement. Licensee shall not assign or transfer any interest in this Agreement without the City’s prior written consent, which City may condition or withhold in its 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, or any joint venture, partnership, employment, or agency relationship between the parties.

20. Notices. All notices required hereunder shall be in writing and mailed postage prepaid by certified or registered first class United States mail, return receipt requested, or by personal delivery to the City’s address as shown below, or such other places as City or Licensee 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: City of Concord
Attention: Public Works Director
1455 Gasoline Alley, Concord, CA 94520
Telephone: (925) 671-3231
Email: [email protected]
To Licensee: Attn:

GROUP

ADDRESS
Telephone: (925) xxx-xxxx
Email:

21. Non-Liability. Neither City nor any City Party shall be personally liable to Licensee or otherwise in the event of any default or breach of the City, or for any amount which may become due to Licensee or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.

22. Execution; Counterparts; Amendment. Each individual or entity executing this Agreement on behalf of Licensee represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of Licensee and that such execution is binding upon Licensee. 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. 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 of Concord Municipal Code.

23. No Title; No Recording. Nothing in this Agreement or any activities pursuant to this Agreement shall convey or create in Licensee any right, title or interest in the License Area, the Property, or any portion thereof. Licensee may not record this Agreement or a memorandum referring to this Agreement without City’s prior written consent, which City may condition or withhold in its sole discretion.

24. Survival. The terms and conditions of the following Sections shall survive any termination or expiration of this Agreement: Section 10 (Indemnification), Section 11 (Insurance), Section 12 (Compliance with Laws), Section 13 (Environmental Matters), Section 14 (Choice of Law), Section 20 (Non-Liability), and Section 23 (Survival).

25. Execution; Counterparts; Amendment. Each individual or entity executing this Agreement on behalf of Licensee represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of Licensee and that such execution is binding upon Licensee. 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. 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 of Concord Municipal Code.

26. No Title; No Recording. Nothing in this Agreement or any activities pursuant to this Agreement shall convey or create in Licensee any right, title or interest in the License Area, the Property, or any portion thereof. Licensee may not record this Agreement or a memorandum referring to this Agreement without City’s prior written consent, which City may condition or withhold in its sole discretion.

27. Survival. The terms and conditions of the following Sections shall survive any termination or expiration of this Agreement: Section 10 (Indemnification), Section 11 (Insurance), Section 12 (Compliance with Laws), Section 13 (Environmental Matters), Section 14 (Choice of Law), Section 20 (Non-Liability), and

Section 23 (Survival).

IN WITNESS WHEREOF, City and Licensee have respectively entered into this Agreement as of the Effective Date.

LICENSEE: CITY:

ORGANIZAITON,
a 401(c)(3) non-profit organization

CITY OF CONCORD,
a California municipal corporation

By: By:

Contact Name, Title Valerie J. Barone, City Manager Title ATTEST:

By:

Joelle Fockler, MMC, City Clerk
APPROVED AS TO FORM:

By:

Susanne Brown, City Attorney

Exhibit B to Attachment 1
License Agreement with ORGANIZATION Community Garden
Procedures

1. ORGANIZAITON shall coordinate with the City of Concord (CITY) in establishing community gardens (CG) in the License Areas.
a. The City Manager will designate in writing a City employee ("Designated Employee") to be the CG point of contact. The Designated Employee will identify appropriate CG locations within the License Area and all such CG locations shall be memorialized by attaching a map with the specific layout that shall be signed by both the Designated Employee and Licensee, with a copy maintained with and incorporated into this Agreement.

1. No new or additional CG locations will be created in any License Area without the express written authorization of the Designated Employee.

11. At Hillcrest Park, Licensee acknowledges that any gardening at the Hillcrest Park License Area will commence atthe point that the Designated Employee informs the organization that the construction is complete and the License Area is ready for gardening.
b. The organization will develop an internal structure for the CG, including 1 Utilizing organizational documents and other available resources to develop member rules, guidelines, and organizational structure. 11 Designing a garden layout and irrigation plan.
m Establishing, at a minimum, liaison and treasurer support roles , and potentially other roles as pertain to the CG organizational structure. 1v. Establish a support to team to help run and manage the garden.

1. This team will fine-tune garden management and a structure for community involvement, with advice from subject matter experts, Contra Costa County Master Gardeners, and the City CG point of contact.
c. The organization will ensure completion of volunteer waiver forms for all persons performing activities, including, but not limited to CG activities. d. The organization will coordinate and manage resident signups and waiting lists.

Staff Report
Date: June 24, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mindy Gentry, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bruce Davis, PE, CIP Manager
Prepared by: Justine Gee, PE, Associate Civil Engineer
[email protected]
(925) 671-3284
Subject: Considering authorizing an increase to the contingency from 10% to 24% (an increase of $35,392.31) on existing Task Order No. 1 with Dewberry Engineers Inc. for the Downtown Sanitary Sewer Upgrade Phase 4 (Project No. 2598) to fulfill
construction management duties for project closeout. (Sewer Operating Fund, Fund 710)
CEQA: Previously determined not to be a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15301, 15302, 15304, and/or Public Resources Code Section 21065.

Report in Brief
The Downtown Sanitary Sewer Upgrade – Phase 4 (Project No. 2598) (Project) is replacing existing sewer mains and laterals in the downtown area of Concord. The project is generally located in the area west of Port Chicago Highway, north of Clayton Road, east of Market Street, and south of Almond Avenue (See Attachment 1).

Construction began in October 2024 and was substantially completed in April 2025.

In order to complete project close out, an increase in contingency is needed due to time extensions and an increase in the contract working days as a result of a change order to address unforeseen conditions that were discovered in the field, which required additional days of inspection and construction management time. This included the

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City Council Agenda Report
Agenda Item No. 4.i
June 24, 2025
change order work for the storm drain replacement on East Street that was discovered within the project limits and was approved by City Council at a prior meeting.

Recommended Action
Authorize an increase to the contingency from 10% to 24% (an increase of $35,392.31) on existing Task Order #1 with Dewberry Engineers Inc. (Dewberry) for the Downtown Sanitary Sewer Upgrade Phase 4 (Project No. 2598) to fulfill construction management duties for project closeout (Funded by Sewer Operating Fund, Fund 710); and make the CEQA determinations as provided in this staff report.

Background/Analysis
The Project was approved by the City Council (Council) in June 2022 as part of the Two-Year Capital Improvement Program budget adoption. The construction contract was awarded to Devaney Engineering, Inc. at the August 13, 2024, Council meeting.

The Project scope includes improvements to the sewer infrastructure to reduce long- term maintenance costs. Specific sewer repairs were identified in the Concord Downtown Area Sewer Evaluation Report.

On August 13, 2024, the City Council approved a Task Order for Dewberry to perform construction management, inspection, and materials testing for the Project in an amount not-to-exceed $272,205.34. The increase in contingency from 10% to 24% brings the total amount of the Task Order to $307,597.65.

Construction on the Project began in late October 2024 and was substantially completed in April 2025.

On March 4, 2025, Council approved an increase on the contractor’s contingency to address the replacement of a damaged storm drain line that was discovered during construction along East Street between Willow Pass Road and Concord Boulevard. The contractor’s contingency was increased from 10% to 17% to cover the storm drain repair costs. The number of working days also increased as a part of this approved change order work, which in turn required additional construction management and inspection time. The Construction Management (CM) contract was not amended at that time because the approved contingency was adequate for the known work.

Subsequently, additional days were added to the construction contract because the contractor discovered unforeseen conditions in the field that were not anticipated at the beginning of the Project but needed to be addressed. In order to close out the Project, Dewberry’s construction management contingency needs to be increased from 10% to 24% ($35,392.31), to account for the construction management and inspections needed as a result of the project’s expansion to address unforeseen field conditions.

City Council Agenda Report
Agenda Item No. 4.i
June 24, 2025
Financial Impact
The current budget for the Project is fully funded by Sewer Operating Funds (Fund 710) and Measure V Funds (Fund 407). There are sufficient funds in the Project to support the requested increase in construction management contingency.

Environmental Determination
Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. Seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the City Council previously determined in August 2024, as part of its review and approval that award of the construction management contract was not a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Section 15060(c)(2) or 15378, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and inthe alternative, was is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, and 15304 – Minor Alterations to Land, as it involves constructing underground utility, striping, and paving work. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption was filed with the County on February 6, 2025.

Increase of construction management contingency without changes in the scope of work is subject to the same exemptions, and no further environmental review is required.

Public Contact
The City Council Agenda was posted.

Attachments

1. Location Map

2. First Amendment to Task Order with Dewberry, with Exhibit A – Original Fee and Exhibit B – Fee Estimate

Attachment 1
Project Location Map
Concord Boulevard Sewer and Streetscape
Improvements (Project No. 2598)

FIRST AMENDMENT TO TASK ORDER
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28 This FIRST Amendment to Task Order (“First Amendment”) is entered into on this date, June 24, 2025, and amends the Task Order No. 1 between the City of Concord (“CITY”) and Dewberry Engineers, Inc. (“CONSULTANT”).

WHEREAS, the CITY and CONSULTANT entered into a Task Order 1 dated August 13, 2024 (the “Agreement”), wherein CONSULTANT agreed to provide construction management, inspection, and materials testing services for Downtown Sanitary Sewer Upgrade Phase 4, PJ 2598.

WHEREAS, under Section 3 “COMPENSATION” the Task Order provides that the compensation to be paid to CONSULTANT shall be on a time-and-materials basis for basic services at the rate and schedules in detail in Exhibit A in an amount not to exceed $272,205.34 as rendered under Section 1 of the Task Order. Compensation shall be in accordance with the terms and conditions indicated therein.

WHEREAS, the CITY and CONSULTANT desire to increase the contract amount by $35,392.31 shown in detail in Exhibit B, attached to this First Amendment.

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

1. Section 1 – SCOPE OF SERVICES is hereby amended to read as follows:

CONSULTANT will provide construction management, inspection, and materials testing services for Downtown Sanitary Sewer Upgrade Phase 4, PJ 2598. per Exhibits A and B. Exhibit A is a proposal from Dewberry Engineers, Inc. dated July 23, 2024. Exhibit B is a proposal from Dewberry Engineers, Inc. dated May 22, 2025, attached hereto and made a part hereof.

2. The first paragraph of Section 3 “COMPENSATION” is hereby amended to read as follows: CONSULTANT shall be compensated on a time-and-materials basis for basic services not to exceed $307,597.65 as rendered under Section 1 of this Agreement.

Compensation shall be in accordance with the terms and conditions indicated therein.

3. Except as expressly amended herein, all other terms and conditions of the Task Order shall remain in full force and effect.

4. TASK ORDER SUMMARY

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

Dated: ___________ CONSULTANT
BY: ________________________
Howard Zabell, Vice President
[email protected]
Dated: ___________ CITY OF CONCORD
By: _________________________
Carlton Thompson
City Engineer
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Task
Order
No.

Date
Approved
PO
No.
$ Amount
FY
2024-25
Account Code
1 8/26/2024 20899 $272,205.34 7109500C999-74250
7102598115-74250
2 9/5/2024 20934 $26,915.00 4079500C999-74250
4072712117-74250
1A TBD TBD $35,392.31 7109500C999-74250
7102598117-74250
Grand total, all task orders including this task order task order #1A $334,512.65
Master Agreement dated 7/1/2024, term through
6/30/2026.

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28 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 24/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $35,392.31.

Account Code: 7109500C999-74250 / 7102598117-74250
Finance Director's Signature

Project Coordination/Construction Management & Inspection Services City of Concord
Downtown Sanitary Sewer Upgrade - Phase 4 Project
DBE Utilization

HOURS COST HOURS COST HOURS COST

1.0 1.1 72 $13,410.46 72 $13,410

1.0 72 $13,410.46 72 $13,410

2.0 2.1 904 $166,703.84 904 $166,704

2.0 904 $166,703.84 904 $166,704

3.0 3.1 68 $12,345.09 68 $12,345

3.0 68 $12,345.09 68 $12,345
1,044 $192,459.40 1,044 $192,459.40
Construction Management & Inspection Services
Dewberry ENGEO TOTAL
7/23/2024
Construction Management & Inspection Services
Total Task 1
Total Task 3
Post Construction Services
Total Task 2
Pre-Construction Services
Pre-Construction Services
Post Construction Services

TOTAL DIRECT LABOR HOURS
TOTAL OTHER DIRECT COST $55,000.00
TOTAL PROJECT COST $192,459.40 $55,000.00 $247,459.40
$55,000.00
City Project No. 2598
ATTACHMENT 2

May 22, 2025

Justine Gee, P.E.

Associate Civil Engineer
City of Concord - Engineering Services
1950 Parkside Drive, M/S 40
Concord, CA 94519

RE: Budget Amendment Request: Downtown Sanitary Sewer Upgrade Phase 4 Project, PJ 2598 (MSA No. 6772)

Dear Ms. Gee,

Dewberry is requesting an amendment to increase the CM contract budget due to the project running longer than originally anticipated. The City previously requested that Dewberry extend its services to accommodate late winter paving and to deal with a variety of other changes encountered during construction. This amendment will allow us to continue with our scope of services as agreed to in the contract, providing reimbursement of an additional five to six weeks of construction management services with project close out/completion anticipated by June 20, 2025.

Dewberry requests the following:

Estimated Completion: June 20, 2025 Hours Hourly Total
Original Contract Amount $247,459.40
Contingency (10%) $24,745.94
Budget Shortfall as of May 16, 2025 $21,732.41
Additional Asst. RE Time 30 $208.39 $6,251.70
Additional Inspector Time 0 $193.37 $0.00
Additional Office Engineering Time 20 $120.41 $2,408.20 Final ENGEO Materials Testing Invoice (estimate) $5,000.00

Revised Contract Amount $307,597.65

We respectfully request an amendment to increase the overall contract budget by $35,392.31 for a revised total contract in the amount of $307,597.65, per the above summary.

Please contact me if you have any questions.

Sincerely,

Rob Shackelford, PE, CCM
Project Manager/Associate Vice President

CC: Tianjun Cao, PE | Associate Civil Engineer

Staff Report
Date: June 24, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director, Department of Public Works Prepared by: Jeff Rayos, Administrative Services Manager [email protected]
(925) 671-3448
Subject: Considering approval of an agreement with Carahsoft Technology Corporation to replace the Department of Public Works current work order system with OpenGov Cartegraph Asset Management for a five-year contract (three years with two one-year extensions) in a total not to exceed amount of $1,452,655 and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (Measure V, PJ 2749, Department of Public Works operational funds) CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), and/or 15378.

Report in Brief
The Department of Public Works is requesting approval of an agreement with Carahsoft Technology Corporation to replace the current work order system with OpenGov’s Cartegraph Asset Management for an amount not-to-exceed $1,452,655 for a period of up to five years (three-year initial contract, with two, one-year options to extend). This system will replace the current work order systems provided by Brightly Solutions LLC (Mobile 311 and Asset Essentials), which is no longer supported and has become unreliable, resulting in operational disruptions and limited support.

After a collaborative review process between the Department of Public Works and Department of Information Technology, OpenGov’s Cartegraph Asset Management system emerged as the most effective solution to manage the Department's over 23,000

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City Council Agenda Report
Agenda Item No. 4.j
June 24, 2025
annual work orders. It offers reliability, efficiency, mobile capabilities, and integration with other platforms, features that enhance productivity and streamline operations.

The proposed agreement includes a two-phase full implementation which is planned to begin in July 2025 and be completed in 12-18 months or by January 2027. Within the first four months staff will be trained on the system and will utilize it throughout implementation. The system’s year one cost is $504,031 ($294,420 implementation and $209,611 subscription) with the subscription costs increasing 5% in subsequent years.

Procurement of the system will be conducted under the NASPO ValuePoint cooperative agreement, allowing the City to utilize a competitively bid State contract. Funding will be drawn from one-time Measure V funds, existing project funds, and operational funds, with partial offset from discontinuing the current Brightly Solutions contract after year one.

Recommended Action
Approve an agreement with Carahsoft Technology Corporation for the purchase of the OpenGov Cartegraph Asset Management system, in an amount not-to-exceed $1,452,655, for a five year term (three-year initial contract, with two one-year extension options), including implementation and annual subscription fees, to replace the legacy Brightly Solutions LLC (Mobile 311 and Asset Essentials) work order systems for the Department of Public Works, authorize the City Manager to execute the agreement in a form acceptable to the City Attorney, and make the CEQA determination as provided in this staff report.

Background
The City of Concord’s Department of Public Works operates on two Computerized Maintenance Management Systems (CMMS - work order systems) from Brightly Solutions LLC, (Mobile 311 and Asset Essentials). These work order systems are essential for processing and tracking the thousands of work orders that Public Works completes annually (23,478 in FY24), as well as performing analysis, audits, and supporting management as they make strategic decisions about resource deployment for the Department. However, Mobile 311 is a legacy platform that Brightly no longer supports or provides maintenance for and has become unreliable.

In recent years, the Department has experienced reliability issues, leading to significant disruptions in operations. Efforts to resolve and correct the system have been prolonged due to the limited support provided on a legacy system. Additionally, the technology behind the system is outdated and labor-intensive to maintain.

Given the reliability concerns and criticality of a CMMS, the Department of Public Works and Department of Information Technology explored replacement options for a new system. Since, Brightly operates both Mobile 311 and Asset Essentials, with payments made to Brightly, the issue with Mobile311 necessitates replacing Brightly in it’s entirely.

City Council Agenda Report
Agenda Item No. 4.j
June 24, 2025
In October 2024, both Departments evaluated new CMMS providers, with both Departments in agreement that OpenGov Cartegraph Asset Management – Work Order System was the most reputable option and has highest pedigree for success based on their support, performance, and industry recognition. The Department is proposing to procure the OpenGov Cartegraph Asset Management system through a third-party reseller, Carahsoft Technology Corp., under the NASPO ValuePoint cooperative agreement.

The implementation is anticipated to take 12-18 months with an anticipated start date of July 1, 2025, and completion date between July 1, 2026 - January 1, 2027. The implementation is fully supported and will follow a two-phased approach for a smooth, on-schedule transition from the legacy system. Within the first four months, staff will be trained and actively using the new system until all phases of the transition are completed.

Analysis
Staff performed research on current industry solutions, invited vendors to provide product demonstrations, held interviews, and connected with technical staff from other municipalities on their experience with the vendors. Both Departments agreed that the OpenGov Cartegraph Asset Management solution would be the best fit for the City due to its user-friendly, cloud-based platform for asset and work order management.

The solution has been successfully implemented across the State and with similar sized local governments, to manage assets, track work, and optimize productivity. The proposed system has automated features, and is mobile-ready, allowing staff to streamline the workorder process through a reduction of data entry.

The year one cost is $504,031, which includes the one-time implementation cost of $294,420 and subscription cost of $209,611. The initial one-time cost covers the full- service implementation, including data conversion, migration, system configuration, travel, testing, and integration.

For subsequent years, the system will incur an annual subscription cost as shown below, which will increase by 5% annually. The annual subscription costs for the following years are:
• Year two: $220,092
• Year three: $231,097
• Year four: (1st Option Period): $242,651
• Year five: (2nd Option Period): $254,784

City Council Agenda Report
Agenda Item No. 4.j
June 24, 2025
The contract with Brightly will be retained during implementation for continuity of operations, but following the transition, their contract would be terminated providing approx. $128,045 in cost savings in FY2026-27.

Procurement Process
The Department is proposing to procure the OpenGov Cartegraph Asset Management system through a third-party reseller, Carahsoft Technology Corp, under the NASPO ValuePoint cooperative agreement solicitation # SK18008.

Procuring through a cooperative vendor provides access to pre-negotiated, volume- based pricing that results in significant cost savings for the City. This cooperative agreement allows for the procurement of the asset management system for a period of three years, with the option for two additional one-year option periods.

Pursuant to Municipal Code-Title 3 Revenue and Finance-Chapter 3.10.080 Purchasing, the City may participate in a cooperative purchase or piggyback from an existing contract and join with other public jurisdictions in cooperative purchasing plans or programs when determined to be in the City’s best interest. NASPO is aggressive in searching for the best prices by issuing nationwide RFPs inviting top manufacturers to submit proposals for the various government needs. After the bid opening occurs, NASPO and the partnering government entity enters into a contract with the best vendor. The use of this cooperative agreement ensures that the procurement process adheres to the City’s established guidelines, offering competitive pricing and contractual terms in compliance with the City’s Municipal Code. The OpenGov Cartegraph Asset Management system is part of the NASPO Value Point Master Agreement Number:

SK18008, of which the State of California participates through California Participating Addendum No. 7-17-70-40-05.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), and/or 15061(b)(3), award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” This determination reflects the City’s independent judgment and analysis.

Financial Impact
The total cost to replace Brightly Solutions LLC (Mobile 311 and Asset Essentials) with the OpenGov Cartegraph Asset Management system through a third-party reseller, Carahsoft Technology Corp in a not-to-exceed amount of $1,452,655 for five years (the three-year initial contract and the two-year extension options). Funding will come from

City Council Agenda Report
Agenda Item No. 4.j
June 24, 2025
the following sources: $203,024 from one time Measure V funds (approved for this expenditure by Council on June 10, 2025) $175,000 from an existing parks maintenance fund (PJ 2749), and $1,074,632 from the Public Works Department approved operating budget
Public Contact
The City Council Agenda was posted.

Attachments

1. Professional Services Agreement with Carahsoft with Exhibit A

2. Funding Plan

AGREEMENT FOR PROFESSIONAL SERVICES
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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 Carahsoft Technology, a Corporation, 11493 Sunset Hills Road, Suite 100, Reston, VA 20190 (“CONSULTANT”).

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

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

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

1. TERM. This Agreement shall commence on July 1, 2025 and expire on June 30, 2028.

A. Extension of Term. Upon mutual written agreement by the parties, the term of this Agreement may be extended for two (2) additional period(s) of one (1) year(s) each commencing upon the expiration of the initial or extended term, subject to the same terms and conditions of this Agreement.

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

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

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

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount CITY pays CONSULTANT exceed One Million, Four Hundred Fifty Two Thousand, Six Hundred and Fifty Five dollars ($1,452,655) for the term of this Agreement. Any Amendment to this Agreement that includes an increase to this compensation amount

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shall be made in accordance with Section 5 below.

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

4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Jeff Rayos, Administrative Services Manager of the Public Works Department. The CONSULTANT’s authorized representative is Natalie LeMay, State and Local Contracts Manager.

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

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

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

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base contract amount, must be approved by City Council.

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

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

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

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

7. STANDARD OF PERFORMANCE. CONSULTANT represents and warrants to

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

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

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

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

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

10. INDEMNIFICATION.

A. For Design Professional Services Only. Pursuant to California Civil Code Section 2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, officials, agents, employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or

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relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of this Agreement. The CONSULTANT will reimburse the CITY for any expenditures, including reasonable attorney fees, incurred by the CITY in defending against claims ultimately determined to arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

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

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

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

13. SUSPENSION OF WORK. CITY may, at any time, by written notice, suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONSULTANT shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension,

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CONSULTANT shall not receive any payment for services, or expenses, except for reasonable administration expenses, incurred by CONSULTANT by reason of such suspension.

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

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

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

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

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

16. CONFLICT OF INTEREST.

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

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

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

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

19. NON-WAIVER. The waiver by either party of any breach of any term, covenant, or condition contained in the Agreement, or any default in their performance of any obligations under the Agreement shall not be deemed to be a waiver of any other breach or default of the same or any other

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term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default constitute a continuing waiver of same.

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

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

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

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

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

To CITY: Jeff Rayos,
Administrative Services Manager
Public Works Department
City of Concord
1455 Gasoline Ally
Concord, CA 94520
Phone: (925) 671-3446
Email: [email protected]
To CONSULTANT: Natalie LeMay,
State and Local Contracts Manager
Carahsoft Technology
11493 Sunset Hills Road, Suite 100
Reston, VA20190
Phone: (571)662-3750
Email: [email protected]

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

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

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

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

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CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Natalie LeMay Name: Valerie J. Barone
Title: State and Local Contracts Manager Title City Manager Address: 11493 Sunset Hills Road, Suite 100 Address: 1950 Parkside Drive Reston,VA 20190 Concord, CA 94519
Telephone: (571)662-3750 Telephone: (925) 671-3150
Email: [email protected]
[email protected]
APPROVED AS TO FORM: ATTEST:

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

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2026 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $1,452,655. Account Code See Attached Public Works Asset Management Funding Plan.

Finance Director's Signature

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

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

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

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

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

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

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

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

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

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

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

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

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

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

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

Exhibit A to Attachment 1

5% Escalation 5% Escalation 5% Escalation 5% Escalation 7/1/25-6/30/26 7/1/26-6/30/27 7/1/27-6/30/28 7/1/27-6/30/29 7/1/27-6/30/30 Carasoft Quote Year 1 Year 2 Year 3 Year 4 Year 5 Total Implementation - Professional Services 283,220$ -$ -$ 283,220$ Annual Subscription 209,611$ 220,092$ 231,097$ 242,651$ 254,784$ 1,158,235$ Travel Expenses 11,200$ -$ -$ 11,200$
Total 504,031$ 220,092$ 231,097$ 242,651$ 254,784$ 1,452,655$ Funding Sources Year 1 - FY26 Year 2 -FY27 Year 3 -FY28 Year 4 -FY29 Year 5 - FY30 Total Brightly Contract Termination (IT 635/4-2625) (128,045)$ (134,447)$ (141,170)$ (148,228)$ (551,890)$ Measure V - FY2025 One Time Revenues (203,024)$ (203,024)$ Public Works - Stormwater Administration (270-5400) (6,171)$ (6,479)$ (6,803)$ (7,143)$ (26,597)$ Public Works - Sewer 710-5210 (126,008)$ (55,021)$ (57,774)$ (60,663)$ (63,696)$ (363,162)$ Public Works - Parks (PJ 2749) (175,000)$ (175,000)$ Public Works - Parks (100-5700/5710/5720) (6,171)$ (6,479)$ (6,803)$ (7,143)$ (26,597)$ Public Works - Admin (100-5100) (6,171)$ (6,479)$ (6,803)$ (7,143)$ (26,597)$ Public Works - Transportation (200-5310, 100-5310) (6,171)$ (6,479)$ (6,803)$ (7,143)$ (26,597)$ Public Works - Infrastructure (270-5400,475-5600) (6,171)$ (6,479)$ (6,803)$ (7,143)$ (26,597)$ Public Works - Facilities (630-5730) (6,171)$ (6,479)$ (6,803)$ (7,143)$ (26,597)$ Total (504,031)$ (220,092)$ (231,097)$ (242,651)$ (254,784)$ (1,452,655)$ Balance (0)$ -$ 0$ 0$ 0$ 0$
Public Works Asset Mangement - Funding Plan
Attachment 2

Staff Report
Date: June 24, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mindy Gentry, Director of Community Development Carlton Thompson, PE, City Engineer
Bruce Davis, PE, CIP Manager
Prepared by: Deyuanne Lei, PE, Associate Civil Engineer [email protected]
(925) 671-3049
Subject: Considering purchase approval of rectangular rapid flashing beacon equipment and accessories from Traffic and Parking Control Co., Inc. (TAPCO) in the not-to-exceed amount of $113,150.06 for the Rectangular Rapid Flashing Beacons
(RRFB) Crosswalk Enhancements project (Project No. 2696) at nine locations. (HSIP Grant Funds, Measure V, Measure J) CEQA: Not a project/exempt pursuant to CEQA Guidelines
Sections 15060(c), 15061 (b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and Public Resources Code Section 21065.

Report in Brief
The Rectangular Rapid Flashing Beacons (RRFB) Crosswalk Enhancements project (Project No. 2696) will enhance pedestrian safety by upgrading nine (9) existing uncontrolled crossing locations with flashing beacon systems (Project) (Attachment 1).

On April 1, 2025, the City Council awarded a construction contract, accepted and appropriated additional grant funds, and approved and appropriated a budget transfer which fully funded the Project. The next step is to purchase the City-furnished RRFB equipment and accessories for installation to complete construction of the Project.

If approved, construction can commence in the field and be completed in summer 2025.

4.k4.k4.k

City Council Agenda Report
Agenda Item No. 4.k
June 24, 2025
Recommended Action
Approve purchase of rectangular rapid flashing beacon equipment and accessories from Traffic and Parking Control Co., Inc. (TAPCO) in the not-to-exceed amount of $113,150.06 for the Rectangular Rapid Flashing Beacons (RRFB) Crosswalk Enhancements project (Project No. 2696), and make the CEQA determinations as provided in this staff report.

Background
On September 12, 2022, the City applied to Caltrans for HSIP grant funding for the Project to install RRFBs at nine (9) locations throughout the City. The HSIP grant funding is administered by the California Department of Transportation (Caltrans).

Below is the list of nine (9) intersections where the RRFBs are proposed to be installed (see Attachment 1):
• Claycord Avenue & Innwood Court
• Mendocino Drive & Orangewood Court
• Esperanza Drive & Moretti Drive
• Alberta Way & Academy Road
• Washington Blvd & Kelrose Court
• Solano Way & Hilltop Road
• N. 6th Street & Reva Drive
• N. 6th Street & Bonifacio Street
• Olivera Road & Sanford Street
On March 15, 2023, Caltrans notified the City that the HSIP grant application was approved by the State for construction funding.

The design is partially funded by Measure J funds (Fund 475) and the remainder is paid from a portion of a budget transfer completed from the Monument Boulevard Signal Upgrade (Project No. 2578). On February 14, 2024, a task order was awarded to Advanced Mobility Group (AMG) to provide design services for the Project. The design was completed in April 2024.

On June 25, 2024, Council accepted and appropriated $249,984 HSIP grant funding for construction of the Project.

On April 1, 2025, Council awarded a construction contract to DC Electric Group, Inc., accepted and appropriated $50,016 in additional HSIP grant funds, and approved and

City Council Agenda Report
Agenda Item No. 4.k
June 24, 2025
appropriated a budget transfer of $190,000 from the Monument Boulevard Signal Upgrade (Project No. 2578), which fully funded the Project.

With the full funding of the Project in place and completed design, th next step is to purchase the City-furnished RRFB equipment and accessories to complete construction of the Project in summer 2025.

Analysis
In summer 2024, three quotes were obtained from the following traffic equipment suppliers: TAPCO, AZCO Supply, and JAM Services Inc. for the City-furnished RRFBs.

The City chooses to purchase and furnish the equipment because its able to obtain better pricing than when the contractor purchases the equipment for the project.

In April 2024, equipment specifications were confirmed based on the completed design plans and the suppliers’ field verified solar surveys. The quotes were finalized in December 2024, with the lowest quote from TAPCO (see Attachment 2). City staff recommends purchasing from TAPCO based on our experience purchasing from them for various past projects, including the Willow Pass Park Pedestrian Crossing (Project No. 2634) and the Bailey Road Crossing Enhancements (Project No. 2601).

Procurement Process
Per City Municipal Code Section 3.10.080 (Waiver of bidding regulations), the City of Concord may buy directly from a vendor at a price established by a competitive bid by another public jurisdiction. Further, the City is participating in a cooperative purchase and utilizing an existing contract with OMNIA Partners, a cooperative purchasing organization. This is facilitated through the City’s participation in OMNIA, where TAPCO has an existing contract.

Financial Impact
The Project is fully funded with a total project budget of $540,000 from Measure J (Fund 475), Measure V (Fund 407) and HSIP Funding (Fund 402). With the Project fully funded, the budget is sufficient for the purchase of the equipment.

Environmental Determination
Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), approval of this purchase does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c), 15273, 15378, as it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment and/or the activities consist of creation of government funding mechanisms or other government fiscal activities which do not constitute a “project”.

Even if approval of the purchase did constitute a project under CEQA, the approval of this purchase falls within the “common sense” exemption set forth in 14 Cal. Code

City Council Agenda Report
Agenda Item No. 4.k
June 24, 2025
Regs. Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”
Accordingly, further environmental review is not warranted. Approval of the purchase is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and/or 15304 – Minor Alterations to Land, as it involves de minimus construction of concrete sidewalk, landscaping, traffic signal equipment, striping, and paving work. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption was filed with the County Clerk’s office on April 10, 2024.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. TAPCO Quote

Attachment 1
Project Location Map
HSIP Cycle 11 – RRFB Crosswalk Enhancements
City Project No. 2696

Item/Description U/M Quantity Unit Price Total Price
10x Crosswalks at 9 Locations - 30W, DS, RRFB, iNX, Radio, 30" FYG S1-1 & 24" W16-7PR/L, on Type 1B

4.5" OD Poles & 1x Street Light Pole (Existing), 2x Advance Warnings:

Claycord Ave & Inwood Ct (Street Light Pole):
600636 Each 1 5,544.35 5,544.35
PEDX, RRFB, Solar 30/44, Radio, TOP, DS, Amber, iNX, H/T Pole X2 140833 Each 1 123.75 123.75
Bracket, Side of Pole for Top of Pole Solar Cab
373-05073 Each 4 114.00 456.00
S1-1,30"x30" DG3 FYG,School Crossing (Symbol) Fed Spec Sign 373-01757 Each 2 37.50 75.00
W16-7PR,24"x12"x.080 DG3 FYG,Down Diagonal Right Arrow (Fed Spec) Sign 373-01759 Each 2 37.50 75.00
W16-7PL,24"x12"x.080 DG3 FYG,Down Diagonal Left Arrow (Fed Spec) Sign

Mendocino Dr & Orangewood Ct (2x Advance Warnings):
600636 Each 1 5,544.35 5,544.35
PEDX, RRFB, Solar 30/44, Radio, TOP, DS, Amber, iNX, H/T Pole X2 All prices are listed in US Dollar (USD)
For terms and conditions, please visit https://tapconet.com/terms-conditions Page:

SALES QUOTE DATE

SALES QUOTE NUMBER

SALES QUOTE

SALESPERSON
CUSTOMER NO.

TERMSSHIP VIA
Q24004442
German Paniagua
C37732
United States of America
Concord, CA 94519-2526
1950 Parkside Dr
V. Patel
City of Concord
Net 30 DAYSBEST RATE
Free Shipping
United States of America
Concord, CA 94519-2526
1950 Parkside Dr
V. Patel
City of Concord
E-Mail: [email protected]
Phone No.:800-236-0112
United States of America
Brown Deer, WI 53223
5100 West Brown Deer Rd
Traffic and Parking Control Co., Inc.
7/12/2024
1 BILL TO SHIP TO

VALID UNTIL
1/31/2025
1 Ext. Document No.

Item/Description U/M Quantity Unit Price Total Price
373-05073 Each 4 114.00 456.00
S1-1,30"x30" DG3 FYG,School Crossing (Symbol) Fed Spec Sign 373-01757 Each 2 37.50 75.00
W16-7PR,24"x12"x.080 DG3 FYG,Down Diagonal Right Arrow (Fed Spec) Sign 373-01759 Each 2 37.50 75.00
W16-7PL,24"x12"x.080 DG3 FYG,Down Diagonal Left Arrow (Fed Spec) Sign

Advance Warning:
500146 Each 2 1,460.00 2,920.00
Controller, 12V, 136921, Radio, 30W TOP, No Battery
137480 Each 2 216.75 433.50
DUAL 22AH BATTERY PACK HARNESSED AND FUSED
138089 Each 2 273.75 547.50
RRFB, Dimmable, Assembly with Universal Mounting Kit
373-05073 Each 2 114.00 228.00
S1-1,30"x30" DG3 FYG,School Crossing (Symbol) Fed Spec Sign 373-01758 Each 2 34.77 69.54
W16-9P,24"x12"x.080 DG3 FYG,Ahead (Fed Spec) Sign
All prices are listed in US Dollar (USD)
For terms and conditions, please visit https://tapconet.com/terms-conditions Page:

SALES QUOTE DATE

SALES QUOTE NUMBER

SALES QUOTE

SALESPERSON
CUSTOMER NO.

TERMSSHIP VIA
Q24004442
German Paniagua
C37732
United States of America
Concord, CA 94519-2526
1950 Parkside Dr
V. Patel
City of Concord
Net 30 DAYSBEST RATE
Free Shipping
United States of America
Concord, CA 94519-2526
1950 Parkside Dr
V. Patel
City of Concord
E-Mail: [email protected]
Phone No.:800-236-0112
United States of America
Brown Deer, WI 53223
5100 West Brown Deer Rd
Traffic and Parking Control Co., Inc.
7/12/2024
2 BILL TO SHIP TO

VALID UNTIL
1/31/2025
2 Ext. Document No.

Item/Description U/M Quantity Unit Price Total Price

Esperanza Dr & Moretti Dr:
600636 Each 1 5,544.35 5,544.35
PEDX, RRFB, Solar 30/44, Radio, TOP, DS, Amber, iNX, H/T Pole X2 373-05073 Each 4 114.00 456.00
S1-1,30"x30" DG3 FYG,School Crossing (Symbol) Fed Spec Sign 373-01757 Each 2 37.50 75.00
W16-7PR,24"x12"x.080 DG3 FYG,Down Diagonal Right Arrow (Fed Spec) Sign 373-01759 Each 2 37.50 75.00
W16-7PL,24"x12"x.080 DG3 FYG,Down Diagonal Left Arrow (Fed Spec) Sign

Alberta Wy & Academy Rd:
600636 Each 1 5,544.35 5,544.35
PEDX, RRFB, Solar 30/44, Radio, TOP, DS, Amber, iNX, H/T Pole X2 373-05073 Each 4 114.00 456.00
S1-1,30"x30" DG3 FYG,School Crossing (Symbol) Fed Spec Sign 373-01757 Each 2 37.50 75.00
W16-7PR,24"x12"x.080 DG3 FYG,Down Diagonal Right Arrow (Fed Spec) Sign All prices are listed in US Dollar (USD)
For terms and conditions, please visit https://tapconet.com/terms-conditions Page:

SALES QUOTE DATE

SALES QUOTE NUMBER

SALES QUOTE

SALESPERSON
CUSTOMER NO.

TERMSSHIP VIA
Q24004442
German Paniagua
C37732
United States of America
Concord, CA 94519-2526
1950 Parkside Dr
V. Patel
City of Concord
Net 30 DAYSBEST RATE
Free Shipping
United States of America
Concord, CA 94519-2526
1950 Parkside Dr
V. Patel
City of Concord
E-Mail: [email protected]
Phone No.:800-236-0112
United States of America
Brown Deer, WI 53223
5100 West Brown Deer Rd
Traffic and Parking Control Co., Inc.
7/12/2024
3 BILL TO SHIP TO

VALID UNTIL
1/31/2025
3 Ext. Document No.

Item/Description U/M Quantity Unit Price Total Price
373-01759 Each 2 37.50 75.00
W16-7PL,24"x12"x.080 DG3 FYG,Down Diagonal Left Arrow (Fed Spec) Sign

Washington Blvd & Kelrose Ct (2x Advance Warnings):
600636 Each 1 5,544.35 5,544.35
PEDX, RRFB, Solar 30/44, Radio, TOP, DS, Amber, iNX, H/T Pole X2 373-05073 Each 4 114.00 456.00
S1-1,30"x30" DG3 FYG,School Crossing (Symbol) Fed Spec Sign 373-01757 Each 2 37.50 75.00
W16-7PR,24"x12"x.080 DG3 FYG,Down Diagonal Right Arrow (Fed Spec) Sign 373-01759 Each 2 37.50 75.00
W16-7PL,24"x12"x.080 DG3 FYG,Down Diagonal Left Arrow (Fed Spec) Sign 107265 Each 4 34.50 138.00
Sign Mounting Kit, Banded, Flared Leg, Standard For Mounting B2B Static Signs to a Large Pole

Advance Warning:
500146 Each 2 1,460.00 2,920.00
Controller, 12V, 136921, Radio, 30W TOP, No Battery
All prices are listed in US Dollar (USD)
For terms and conditions, please visit https://tapconet.com/terms-conditions Page:

SALES QUOTE DATE

SALES QUOTE NUMBER

SALES QUOTE

SALESPERSON
CUSTOMER NO.

TERMSSHIP VIA
Q24004442
German Paniagua
C37732
United States of America
Concord, CA 94519-2526
1950 Parkside Dr
V. Patel
City of Concord
Net 30 DAYSBEST RATE
Free Shipping
United States of America
Concord, CA 94519-2526
1950 Parkside Dr
V. Patel
City of Concord
E-Mail: [email protected]
Phone No.:800-236-0112
United States of America
Brown Deer, WI 53223
5100 West Brown Deer Rd
Traffic and Parking Control Co., Inc.
7/12/2024
4 BILL TO SHIP TO

VALID UNTIL
1/31/2025
4 Ext. Document No.

Item/Description U/M Quantity Unit Price Total Price
137480 Each 2 216.75 433.50
DUAL 22AH BATTERY PACK HARNESSED AND FUSED
138089 Each 2 273.75 547.50
RRFB, Dimmable, Assembly with Universal Mounting Kit
373-05073 Each 2 114.00 228.00
S1-1,30"x30" DG3 FYG,School Crossing (Symbol) Fed Spec Sign 373-01758 Each 2 34.77 69.54
W16-9P,24"x12"x.080 DG3 FYG,Ahead (Fed Spec) Sign

Hilltop Rd & Solano Way (2x Advance Warnings):
600636 Each 1 5,544.35 5,544.35
PEDX, RRFB, Solar 30/44, Radio, TOP, DS, Amber, iNX, H/T Pole X2 373-05073 Each 4 114.00 456.00
S1-1,30"x30" DG3 FYG,School Crossing (Symbol) Fed Spec Sign 373-01757 Each 2 37.50 75.00
W16-7PR,24"x12"x.080 DG3 FYG,Down Diagonal Right Arrow (Fed Spec) Sign 373-01759 Each 2 37.50 75.00
All prices are listed in US Dollar (USD)
For terms and conditions, please visit https://tapconet.com/terms-conditions Page:

SALES QUOTE DATE

SALES QUOTE NUMBER

SALES QUOTE

SALESPERSON
CUSTOMER NO.

TERMSSHIP VIA
Q24004442
German Paniagua
C37732
United States of America
Concord, CA 94519-2526
1950 Parkside Dr
V. Patel
City of Concord
Net 30 DAYSBEST RATE
Free Shipping
United States of America
Concord, CA 94519-2526
1950 Parkside Dr
V. Patel
City of Concord
E-Mail: [email protected]
Phone No.:800-236-0112
United States of America
Brown Deer, WI 53223
5100 West Brown Deer Rd
Traffic and Parking Control Co., Inc.
7/12/2024
5 BILL TO SHIP TO

VALID UNTIL
1/31/2025
5 Ext. Document No.

Item/Description U/M Quantity Unit Price Total Price
W16-7PL,24"x12"x.080 DG3 FYG,Down Diagonal Left Arrow (Fed Spec) Sign

Advance Warning:
500146 Each 2 1,460.00 2,920.00
Controller, 12V, 136921, Radio, 30W TOP, No Battery
137480 Each 2 216.75 433.50
DUAL 22AH BATTERY PACK HARNESSED AND FUSED
138089 Each 2 273.75 547.50
RRFB, Dimmable, Assembly with Universal Mounting Kit
373-05073 Each 2 114.00 228.00
S1-1,30"x30" DG3 FYG,School Crossing (Symbol) Fed Spec Sign 373-01758 Each 2 34.77 69.54
W16-9P,24"x12"x.080 DG3 FYG,Ahead (Fed Spec) Sign

N 6th St & Reva Dr (2 Crosswalks):
600636 Each 2 5,544.35 11,088.70
PEDX, RRFB, Solar 30/44, Radio, TOP, DS, Amber, iNX, H/T Pole X2 373-05073 Each 8 114.00 912.00
All prices are listed in US Dollar (USD)
For terms and conditions, please visit https://tapconet.com/terms-conditions Page:

SALES QUOTE DATE

SALES QUOTE NUMBER

SALES QUOTE

SALESPERSON
CUSTOMER NO.

TERMSSHIP VIA
Q24004442
German Paniagua
C37732
United States of America
Concord, CA 94519-2526
1950 Parkside Dr
V. Patel
City of Concord
Net 30 DAYSBEST RATE
Free Shipping
United States of America
Concord, CA 94519-2526
1950 Parkside Dr
V. Patel
City of Concord
E-Mail: [email protected]
Phone No.:800-236-0112
United States of America
Brown Deer, WI 53223
5100 West Brown Deer Rd
Traffic and Parking Control Co., Inc.
7/12/2024
6 BILL TO SHIP TO

VALID UNTIL
1/31/2025
6 Ext. Document No.

Item/Description U/M Quantity Unit Price Total Price
S1-1,30"x30" DG3 FYG,School Crossing (Symbol) Fed Spec Sign 373-01757 Each 4 37.50 150.00
W16-7PR,24"x12"x.080 DG3 FYG,Down Diagonal Right Arrow (Fed Spec) Sign 373-01759 Each 4 37.50 150.00
W16-7PL,24"x12"x.080 DG3 FYG,Down Diagonal Left Arrow (Fed Spec) Sign

N 6th St & Bonifacio St:
600636 Each 1 5,544.35 5,544.35
PEDX, RRFB, Solar 30/44, Radio, TOP, DS, Amber, iNX, H/T Pole X2 373-05073 Each 4 114.00 456.00
S1-1,30"x30" DG3 FYG,School Crossing (Symbol) Fed Spec Sign 373-01757 Each 2 37.50 75.00
W16-7PR,24"x12"x.080 DG3 FYG,Down Diagonal Right Arrow (Fed Spec) Sign 373-01759 Each 2 37.50 75.00
W16-7PL,24"x12"x.080 DG3 FYG,Down Diagonal Left Arrow (Fed Spec) Sign

Olivera Rd & Sanford St:
600636 Each 1 5,544.35 5,544.35
All prices are listed in US Dollar (USD)
For terms and conditions, please visit https://tapconet.com/terms-conditions Page:

SALES QUOTE DATE

SALES QUOTE NUMBER

SALES QUOTE

SALESPERSON
CUSTOMER NO.

TERMSSHIP VIA
Q24004442
German Paniagua
C37732
United States of America
Concord, CA 94519-2526
1950 Parkside Dr
V. Patel
City of Concord
Net 30 DAYSBEST RATE
Free Shipping
United States of America
Concord, CA 94519-2526
1950 Parkside Dr
V. Patel
City of Concord
E-Mail: [email protected]
Phone No.:800-236-0112
United States of America
Brown Deer, WI 53223
5100 West Brown Deer Rd
Traffic and Parking Control Co., Inc.
7/12/2024
7 BILL TO SHIP TO

VALID UNTIL
1/31/2025
7 Ext. Document No.

Item/Description U/M Quantity Unit Price Total Price
PEDX, RRFB, Solar 30/44, Radio, TOP, DS, Amber, iNX, H/T Pole X2 373-05073 Each 4 114.00 456.00
S1-1,30"x30" DG3 FYG,School Crossing (Symbol) Fed Spec Sign 373-01757 Each 2 37.50 75.00
W16-7PR,24"x12"x.080 DG3 FYG,Down Diagonal Right Arrow (Fed Spec) Sign 373-01759 Each 2 37.50 75.00
W16-7PL,24"x12"x.080 DG3 FYG,Down Diagonal Left Arrow (Fed Spec) Sign

SP TRAFFIC Each 25 1,100.00 27,500.00
Pole, 16', Type 18 Galvanized, CSP ES-7B, Inclds Flange and 3/4"x30" Anchor Bolts 111531N Each 12 16.845 202.14
Sign Mounting Kit, Banded, Flared Leg, Standard For Mounting One Static Sign to a Large Pole 107265 Each 40 25.875 1,035.00
Sign Mounting Kit, Banded, Flared Leg, Standard For Mounting B2B Static Signs to a Large Pole

Estimated lead time: 4-6 Weeks
Furnish only quote. Installation is not included.

Solar powered equipment requires no shading or obstructions Free Freight
All prices are listed in US Dollar (USD)
For terms and conditions, please visit https://tapconet.com/terms-conditions Page:

SALES QUOTE DATE

SALES QUOTE NUMBER

SALES QUOTE

SALESPERSON
CUSTOMER NO.

TERMSSHIP VIA
Q24004442
German Paniagua
C37732
United States of America
Concord, CA 94519-2526
1950 Parkside Dr
V. Patel
City of Concord
Net 30 DAYSBEST RATE
Free Shipping
United States of America
Concord, CA 94519-2526
1950 Parkside Dr
V. Patel
City of Concord
E-Mail: [email protected]
Phone No.:800-236-0112
United States of America
Brown Deer, WI 53223
5100 West Brown Deer Rd
Traffic and Parking Control Co., Inc.
7/12/2024
8 BILL TO SHIP TO

VALID UNTIL
1/31/2025
8 Ext. Document No.

Item/Description U/M Quantity Unit Price Total Price

0.00 113,150.06
10,052.05
103098.01
Total:

Total Sales Tax:

Invoice Discount:

Subtotal:
103,098.01
0 Amount Exempt from Sales Tax
Amount Subject to Sales Tax
All prices are listed in US Dollar (USD)
For terms and conditions, please visit https://tapconet.com/terms-conditions Page:

SALES QUOTE DATE

SALES QUOTE NUMBER

SALES QUOTE

SALESPERSON
CUSTOMER NO.

TERMSSHIP VIA
Q24004442
German Paniagua
C37732
United States of America
Concord, CA 94519-2526
1950 Parkside Dr
V. Patel
City of Concord
Net 30 DAYSBEST RATE
Free Shipping
United States of America
Concord, CA 94519-2526
1950 Parkside Dr
V. Patel
City of Concord
E-Mail: [email protected]
Phone No.:800-236-0112
United States of America
Brown Deer, WI 53223
5100 West Brown Deer Rd
Traffic and Parking Control Co., Inc.
7/12/2024
9 BILL TO SHIP TO

VALID UNTIL
1/31/2025
9 Ext. Document No.

Staff Report
Date: June 24, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mindy Gentry, PE, Director of Community Development Prepared by: Brenda Kain, Interim Community Services Manager [email protected]
(925) 603-5838
Subject: Considering adoption of a Resolution accepting the Contra Costa Community Development Block Grant /Home
Consortium 2025/30 Consolidated Plan and authorizing the City Manager to submit the City of Concord Fiscal Year
2025/26 Action Plan to the U.S. Department of Housing and Urban Development consistent with the program rules which govern the receipt and expenditure of funds allocated by HUD during FY 2025/26; appropriating and authorizing
disbursement of $103,200 from the Cannabis Community
Benefit Fund (Fund 292); and execution of all attendant documents and agreements for FY 2025/26.

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

Report in Brief
The City Council is requested to adopt a Resolution (Attachment 1) accepting the Contra Costa Community Development Block Grant (CBDG)/Home Consortium 2025/30 Consolidated Plan and authorizing the City Manager to submit the City of Concord Fiscal Year (FY) 2025/26 Action Plan (Action Plan) to the U.S. Department of Housing and Urban Development (HUD) consistent with the program rules which govern the receipt and expenditure of CBDG funds allocated by HUD during FY 2025/26. This Resolution also appropriates and authorizes disbursement of $103,200 from the Cannabis Community Benefit Fund (CCBF) for FY 2025/26.

4.l4.l4.l4.l4.l4.l4.l

City Council Agenda Report
Agenda Item No. 4.l
June 24, 2025
The Contra Costa CBDG/Home Consortium 2025/30 Consolidated Plan (Countywide Consolidated Plan) (Attachment 1, Exhibit A)1, a document required by HUD to be submitted by entitlement jurisdictions every five years, outlines priority housing and community development needs, as well as the objectives and strategies for meeting those needs. Although this is a Countywide document developed in conjunction with the Contra Costa CBDG/Home Consortium (Consortium)2, each jurisdiction must determine how best to meet the priority needs of its city.

The priorities, objectives and strategies for Concord are outlined in the City’s Consolidated Plan (Attachment 1, Exhibit B)3 which is part of the Countywide Consolidated Plan. The Citizen’s Participation Plan (CPP) is a subsidiary document of the Consolidated Plan and is included as Attachment 1, Exhibit C.

The City of Concord FY 2025/26 Action Plan4 (Action Plan) (Attachment 1, Exhibit D) outlines the programs and projects that will help meet the housing and non-housing community needs of lower income households and areas in our community. The Action Plan includes recommendations by the City’s Community Services Commission (CSC) for funding a variety of public services programs, housing, capital improvements, and other projects through Concord’s community grant process. These recommendations form the basis of the Action Plan for the coming two-year grant cycle. The Action Plan is a subsidiary document of the 2025/26 Consolidated Plan and is required annually by the federal government from those jurisdictions that receive CDBG funding5.

Recommended Action
Adopt a Resolution accepting the Contra Costa Community Development Block Grant (CBDG)/Home Consortium 2025/30 Consolidated Plan and authorizing the City Manager to submit the City of Concord Fiscal Year (FY) 2025/26 Action Plan to the U.S.

Department of Housing and Urban Development (HUD) consistent with the program rules which govern the receipt and expenditure of CBDG funds allocated by HUD during FY 2025/26; appropriating and authorizing disbursement of $103,200 from the Cannabis Community Benefit Fund (Fund 292) and execution of all attendant documents and agreements for FY 2025/26.

Background
The Consolidated Plan, Action Plan, and annual Consolidated Annual Performance Evaluation Report (CAPER) are required documents of jurisdictions receiving housing and community development funds from HUD. The Consolidated Plan outlines priority 1 https://www.contracosta.ca.gov/10000/2025-2030-Consolidated-Plan 2 The Contra Costa CBDG/Home Consortium is comprised of Cities of Antioch, Concord, Pittsburg, Walnut Creek, and Contra Costa County.
3 https://www.cityofconcord.org/DocumentCenter/View/13261/Concord-Draft-202530-Con-Plan-v2?bidId= 4 https://www.cityofconcord.org/DocumentCenter/View/13262/Concord-Draft-202526-Action- Plan#:~:text=The%20Specific%20Plan%20will%20create,bike%20trails%20and%20community%20facilities. 5 Jurisdictions that received CDBG funding are also referred to as entitlement jurisdictions.

City Council Agenda Report
Agenda Item No. 4.l
June 24, 2025
housing and community development needs, as well as the objectives and strategies for meeting those needs. The Action Plan outlines the programs that will be funded to meet the needs identified as City of Concord Priorities in the Consolidated Plan. The CAPER, which is due 90 days after the close of the funding year or by September 30, documents how well the City has done in meeting its goals for helping low- and moderate-income residents of Concord with the federal funding distributed under the CDBG program.

The Consolidated Plan includes all of Contra Costa County and is a joint document produced by all members of the Contra Costa Consortium and submitted to HUD by the County. The annual Action Plan and CAPER are produced and submitted to HUD by each entitlement jurisdiction. Consolidated Plan priorities and the annual Action Plan are developed with outreach and input from the public, lower income persons and those who would potentially be eligible to receive HUD-funded services, agencies serving these affected populations, City staff, City Council, and the Community Services Commission (CSC).

To be consistent with the Consolidated Plan, the City’s grant process starts with a two- year funding cycle followed by a three-year cycle. In the first year, a specific grant amount is awarded. Second- and third-year funding is based on fund availability and grantee performance. Contracts are issued on an annual basis and adjusted proportionally among all grantees to account for fluctuations in funding.

Analysis
Consolidated Plan
Although the Consolidated Plan is a countywide document developed in conjunction with the Consortium, each jurisdiction must determine how best to meet the priority needs of their city. To understand the needs of the community, the Consortium distributed a Survey of Needs in English, Spanish, simplified Chinese and Tagalog.

Outreach was extensive, including posting in local newspapers, social media platforms, announcements through City newsletter and webpages, email notification to over 500 agencies, distribution of hard copy survey’s and leveraging support of community organizations countywide to help with raising awareness of the opportunity to provide input. The survey was available online from February 21, 2024, to July 31, 2024. Hard copies were available at City Hall.

The Consortium hosted three focus group meetings to gather input from local agencies on needs throughout the County:
• June 10, 2024: Affordable housing provider stakeholder group (virtual) • June 13, 2024: Nonprofit and economic development stakeholder group (virtual) • July 11, 2024: Homeless service providers (hybrid)

City Council Agenda Report
Agenda Item No. 4.l
June 24, 2025
Six public meetings were held countywide, including one in Concord on March 21, 2024, to explain the Consolidated Plan process and to gather public input on funding priorities.

Five meetings took place in person, while one was held virtually. Hard copies of the survey were made available at the in person meetings, and Consortium staff were on hand to assist residents with completing the survey as needed. The survey was available online for those participating in the virtual meeting.

On September 18, 2024, CSC convened to review the proposed funding priorities for Concord’s 2025-30 Con Plan. The CSC identified four priorities that encompass a variety of activities:
• Priority Need: Affordable Housing
Create, maintain, and preserve affordable housing stock, including homeowner rehabilitation loans and grants.
• Priority Need: Reduce/Alleviate Homelessness
Further “Housing First” approach to ending homelessness by supporting homeless outreach efforts, emergency shelter, transitional housing, and permanent housing with supportive services to help homeless persons achieve housing stability.

Expand existing prevention services including emergency rental assistance, case management, housing search assistance, legal assistance, landlord mediation, money management and credit counseling.
• Priority Need: Non-Housing Community Development
Non-housing Community Development encompasses a wide variety of needs within the City served by projects designated as Public Services, Economic Development, and Infrastructure and Public Facilities.
• Priority Need: Administration
Support development of viable urban communities through extending and strengthening partnerships among all levels of government and the private sector and administer federal grant programs in a fiscally prudent manner.

Federal funds may only be used for those activities designated as a priority by the City. Administration of the CDBG program is limited to 20% of the current year’s grant amount.

City Council Agenda Report
Agenda Item No. 4.l
June 24, 2025
The recommendations of the CSC were approved by the Council Committee on Recreation, Cultural Affairs and Community Services (Birsan, Nakamura) on September 23, 2024, and by the full Council on November 12, 2024.

Citizen Participation Plan
The CPP is a subsidiary document of the Consolidated Plan and provides for and encourages participation of all residents of Concord, particularly lower- and moderate- income persons, minorities, non-English speaking persons, and persons with disabilities. Through the CPP, the City hopes to obtain a broad perspective of housing and community development needs from citizens and organizations involved in affordable housing and community development activities.

Action Plan
CDBG: The Action Plan describes those programs the City will support in FY 2025/26, which must be consistent with the City’s Consolidated Plan. The CSC met nine times between January and May 2025, to hear presentations from applicants and to review and discuss applications. On May 15, 2025, the CSC met a final time to make recommendations for the coming fiscal year; those recommendations form the basis for the 2025/26 Action Plan. The CSC’s ranking and funding recommendation for each applicant is included in Attachment 2.

HUD has confirmed the City’s 2025/26 CDBG allocation is $987,662, a reduction of $31,840 from the FY 2024/25 CDBG allocation. Also allocated for 2025/26 is $300,000 in CDBG funds that were unused in prior years.

Concord Community Benefit Fund (CCBF): In 2018, the City Council adopted an ordinance to allow cannabis businesses in the City of Concord. On April 12, 2022, the City established a Cannabis Community Benefits Fund (CCBF) for the purpose of collecting voluntary funding commitments made by holders of City Cannabis Licenses that include retail sales; the voluntary funding commitments are made within their Development Agreements. The CSC reviewed CCBF applications and heard presentations from applicants as part of the CDBG process. For FY 2025/26, the CSC is recommending that $80,000 in CCBF be allocated to programs that provide youth drug use prevention and education efforts, drug treatment programs and/or mental health programs, and workforce development. $23,200 in CCBF will be allocated to program administration. The CSC’s ranking and funding recommendation for each applicant is included in Attachment 3.

Housing Rehabilitation Loan Program: Repayment of housing rehabilitation loans made to Concord homeowners using CDBG funds accumulate in the City’s Revolving Loan Fund (RLF) and must be expended for grants or low-interest loans to other qualified low-income homeowners. The balance in this fund is currently $30,420. Staff recommends that $30,000 be allocated to the Housing Rehabilitation Grant and Loan

City Council Agenda Report
Agenda Item No. 4.l
June 24, 2025
Program for the coming year to fund grants and loans for low-income Concord homeowners.

CDBG Program Income Available for Public Services: The City receives a small amount of CDBG Program Income (PI). CDBG regulations allow for 15% of the current year’s PI to be used for funding Public Services programs. For FY 2024/25, the City received $77,000 in PI, making an additional $11,550 available for Public Services.

Staff recommends that $10,000 of this amount be allocated to local nonprofits. The balance of the program income, $67,000, will remain in the City’s CDBG account and can be drawn down for payment to subrecipients in subsequent years.

Financial Impact
The City of Concord would allocate $1,515,662 in grant funding from Community Development Block Grant (CDBG), Cannabis Community Benefit Fund (CCBF), Program Income, and Revolving Loan Funds in FY 2025/26. No General Fund monies would be allocated.

Environmental Determination
Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended, and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), Council action on this item does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c), 15273, and/or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and/or because it involves government funding/fiscal activities. Even 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), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”. Accordingly, no further environmental review is warranted. This determination reflects the City’s independent judgment and analysis.

Public Contact
Notice of this meeting has been posted. Copies of this report, including the Community Services Commission’s recommendations, have been sent to each CSC Commissioner and to all Subrecipients. This public meeting has been duly noticed.

Attachments

1. Resolution Adopting Consolidated Plan
Exhibit A: Contra Costa CBDG/Home Consortium 2025/30 Consolidated Plan Exhibit B: Draft City of Concord 2025/30 Consolidated Plan Exhibit C: Draft City of Concord Citizen Participation Plan Exhibit D: Draft City of Concord FY 2025/26 Action Plan

City Council Agenda Report
Agenda Item No. 4.l
June 24, 2025

2. CSC FY 2025/26 CDBG Funding Recommendations.

3. CSC FY 2025/26 CCBF Funding Recommendations

1 Res. No. 23-XX

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution accepting the Contra Costa Community
Development Block Grant (CBDG)/Home Consortium
2025/30 Consolidated Plan and Authorizing the City
Manager to Submit the City of Concord Fiscal Year
(FY) 2025/26 Action Plan to the U.S. Department of
Housing and Urban Development (HUD) Consistent
with the Program Rules which Govern the Receipt and
Expenditure of CBDG Funds Allocated by HUD During
FY 2025/26; Appropriating and Authorizing
Disbursement of $103,200 from the Cannabis
Community Benefit Fund (Fund 292) and Execution of
all Attendant Documents and Agreements for
FY 2025/26 Resolution No. 25-XX
/
WHEREAS, the City of Concord has been designated by the U.S. Department of Housing and Urban Development (HUD) as a community entitled to receive, by allocation, Community Development Block Grant (CDBG) funds to help develop viable urban communities through providing decent housing, a suitable living environment, and economic opportunity for lower income residents; and
WHEREAS, as a condition of funding, HUD requires that recipient jurisdictions prepare a five- year planning document or Consolidated Plan, to indicate how funds will be expended to benefit eligible populations in coming years; and
WHEREAS, members of the Contra Costa CDBG/HOME Consortium, including the cities of Concord, Antioch, Pittsburg, Walnut Creek, and the County as representative of the urban cities, have prepared for adoption by each jurisdiction and submission to HUD, the Contra Costa CDBG/HOME Consortium 2025/30 Consolidated Plan (Consolidated Plan); the City of Concord 2025/30 Consolidated Plan is part of that document; and
WHEREAS, as a condition of funding, HUD requires recipient jurisdictions to prepare a one- year Action Plan as a subsidiary document to the Consolidated Plan, to indicate how funds will be expended to benefit eligible populations in each year of the five-year Consolidated Plan period; and WHEREAS, the City of Concord has received an allocation from HUD in the amount of Attachment 1

2 Res. No. 23-XX
$987,662 for Fiscal Year 2025/26; and
WHEREAS, the City of Concord has $300,000 prior year’s CDBG funds to be used for reallocation in 2025/26, $11,500 in Program Income and $30,000 in Revolving Loan Funds; WHEREAS, the City of Concord, consistent with HUD's program rules on eligibility, has chosen to allocate all CDBG funds to a number of programs, activities and projects in support of HUD's national objectives to primarily benefit low- and moderate-income persons, or serve to arrest or minimize the effects of slums or blight, or provide for urgent needs; and WHEREAS, the City of Concord has determined that the expenditure of these funds will have the cumulative effect of advancing the Consolidated Plan objectives in the short and long- term; and WHEREAS, on April 12, 2022, the City established a Cannabis Community Benefit Fund (CCBF) for the purpose of collecting voluntary funding commitments made by City Cannabis Licenses holders within their Development Agreements; and
WHEREAS, the City has $103,000 to be allocated to programs that provide youth drug use prevention and education efforts, drug treatment programs and/or mental health programs, and workforce development and for administration of the grant program; and WHEREAS, on June 24,2025, after giving all public notices required by state law and the Concord Municipal Code, the City Council held a duly noticed public meeting to consider this action; and
WHEREAS, at such public meeting, the City Council considered all oral and written information, testimony, and comments and received at the public meeting, the oral report from City staff, the written report from City staff dated June 24,2025, attached materials, exhibits presented, and all other information that constitutes the record of proceedings relating to the proposed Ordinance, which are maintained at the offices of the City of Concord City Clerk ("City Council Information") and declared its intent to approve the Resolution.

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

Section 1. The recitals above are true and correct and are incorporated herein by reference.

The recitals constitute findings in this matter, and together with the City Council Information, serve as

3 Res. No. 23-XX
adequate and appropriate evidentiary basis for the findings and recommendations set forth in this Resolution.

Section 2. Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended, and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), Council action on this item does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c), 15273, and/or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and/or because it involves government funding/fiscal activities. Even 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), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”. Accordingly, no further environmental review is warranted. This determination reflects the City’s independent judgment and analysis.

Section 3. That the City hereby determines that it is appropriate to accept and adopt the Contra Costa CDBG/HOME Consortium 2025/30 Consolidated Plan, attached hereto as Exhibit A, and the City of Concord Consolidated Plan, attached hereto as Exhibit B, and Citizen’s Participation Plan, attached hereto as Exhibit C, for submission by Contra Costa County to HUD, outlining all Contra Costa jurisdictions’ priorities for the expenditure of CDBG funds.

Section 4. That the City hereby determines that it is appropriate to submit its 2025/26 Action Plan activities to HUD, detailing the City's plans for the expenditure of CDBG funds in accordance with the priorities outlined in the 2025/30 Contra Costa HOME Consortium Consolidated Plan and in support of HUD's national objectives.

Section 5. The City hereby appropriates and authorizes disbursement of $103,000 from the CCBF to provide youth drug use prevention and education efforts, drug treatment programs and/or mental health programs, workforce development, and program administration; and

4 Res. No. 23-XX
Section 4. That the City Manager is authorized to disburse funds and execute all attendant documents and agreements, consistent with the City Council's designation and approval of the programs, activities, and projects to be undertaken during FY 2025/26 as designated in attached Action Plan, attached hereto as Exhibit D, and subject to City Attorney approval.

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

PASSED AND ADOPTED by the City Council of the City of Concord on June 24,2025, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 25-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on June 24,2025.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Attachment: Exhibit A: Contra Costa Consortium 2025/30 Consolidated Plan available via hyperlink.

Exhibit B: City of Concord Consolidated Plan
Exhibit C: City of Concord Citizen’s Participation Plan Exhibit D: City of Concord FY 2025/26 Action Plan

Exhibit B

2025/30 DRAFT
CITY of CONCORD

CONSOLIDATED PLAN

Concor

June 24, 2025

Exhibit B
1 CITY OF CONCORD

ES-05 Executive Summary – 24 CFR 91.200(c), 91.220(b)

Additional information regarding the City of Concord is included in the Consortium-wide 2025/30 Consolidated Plan.

Introduction

The Consolidated Plan fulfills the requirement that recipients of certain funds administered by the federal Department of Housing and Urban Development (HUD) create a plan identifying the community development needs, priorities, goals and strategies of the community and describing how these funds will be expended over a five-year period. These funds include Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME), Emergency Shelter Grant (ESG), and Housing for Persons with AIDS (HOPWA). This Consolidated Plan is for the period of July 1, 2025, to June 30, 2030.

The cities of Antioch, Concord, Pittsburg, and Walnut Creek and the County of Contra Costa have formed the Contra Costa HOME Consortium to cooperatively plan for the housing and community development needs of the County. The County of Contra Costa administers the HOME funds on behalf of all the Consortia cities and all the unincorporated areas of the County. The cities of Antioch, Concord, Pittsburg, and Walnut Creek receive and administer their own allocation of CDBG funds, while the County receives and administers allocations of CDBG, HOME, and ESG funds. This Consolidated Plan was created by the Consortium to assess the needs of all Consortium member communities and to guide the use of funds within each individual member community.

The Plan was prepared in accordance with HUD’s Office of Community and Planning Development (CPD) eCon Planning Suite (launched in May 2012), including the Consolidated Plan template in IDIS (Integrated Disbursement and Information System). Most of the data tables in the Plan are populated with default data from the U.S. Census Bureau, mainly 2017 – 2022 Comprehensive Housing Affordability Strategy (CHAS) and 2019 – 2023 American Community Survey (ACS) data. Other sources are noted throughout the Plan, including the addition of more recent data where practical. The research process involved the analysis of the following key components: demographic, economic, and housing data; affordable housing market; special needs populations (homeless and non-homeless); and consultation with public and private agencies, as well as citizen participation.

EXECUTIVE SUMMARY

Exhibit B
2 The Plan process also included the development of the first-year Action Plan which is the annual plan the City prepares pursuant to the goals outlined in the Plan. The Action Plan details the activities the City will undertake to address the housing and community development needs and local objectives using CDBG funds received during program year 2025/26.

Exhibit B
3 1. Summary of the objectives and outcomes identified in the Plan Needs Assessment Overview

Following is a brief summary of the overall objectives identified within the Consolidated Plan:

Priority Need: Affordable Housing

AH-1: Maintain and preserve the existing affordable housing stock.

Priority Need: Reduce/Alleviate Homelessness

H-1: Further “Housing First” approach to ending homelessness by supporting homeless outreach efforts, emergency shelter, transitional housing, and permanent housing with supportive services to help homeless persons achieve housing stability. Expand existing prevention services including emergency rental assistance, case management, housing search assistance, legal assistance, landlord mediation, money management and credit counseling.

The affordable housing and human services objectives of the Plan also address the needs of the homeless and the problem of homelessness.

Priority Need: Non-Housing Community Development

Public Services

CD-1 General Public Services: Ensure that opportunities and services are provided to improve the quality of life and independence for lower-income persons and ensure access to programs that promote prevention and early intervention related to a variety of social concerns such as substance abuse, hunger, and other issues.

CD-2 Non-Homeless Special Needs: Ensure that opportunities and services are provided to improve the quality of life and independence for persons with special needs, such as elderly/frail elderly, victims of domestic violence, persons with HIV/AIDS, persons with mental, physical and developmental disabilities, abused children, illiterate adults and migrant farmworkers.

CD-3 Youth: Increase opportunities for children/youth to be healthy, succeed in school, and prepare for productive adulthood.

Exhibit B
4 CD-4 Fair Housing: Continue to promote fair housing activities and affirmatively further fair housing.

Priority Need: Economic Development

CD-5 Economic Development: Reduce the number of persons with incomes below the poverty level, expand economic opportunities for very low- and low-income residents, and increase the viability of neighborhood commercial areas.

Priority Need: Infrastructure/Public Facilities

CD-6 Infrastructure and Accessibility: Maintain quality public facilities and adequate infrastructure and ensure access for the mobility-impaired by addressing physical access barriers to public facilities.

Priority Need: Administration

CD-7 Administration: Support development of viable urban communities through extending and strengthening partnerships among all levels of government and the private sector and administer federal grant programs in a fiscally prudent manner.

2. Evaluation of past performance

The City has made significant progress in meeting the goals and objectives contained in the 2020/25 Consolidated Plan. CDBG-funded public service projects provided a wide range of social services and assistance to more than 30,000 residents and households, including the homeless, mentally and physically disabled, seniors, victims of domestic violence, and other special needs populations. Funding for the City’s ADA Transition Plan provided curb, sidewalk and infrastructure improvements that removed barriers that restrict mobility and accessibility of elderly or disabled persons. The City’s Housing Rehabilitation Loan and Grant Program has provided grants and low-interest loans to low-income homeowners for needed repairs and improvements.

The City has continued to focus on outcome-based performance measurements as a means to ensure that needed services are delivered and that the results can be easily quantified. The City is currently completing its last year of the 2020/25 Consolidated Plan period and has exceeded or is on track to meet every Consolidated Plan goal/objective.

3. Summary of citizen participation process and consultation process The Consortium held one virtual and five in-person public meetings and requested that those attending comment on the level of housing and community development needs in the County and the relative priority of those needs by completing a survey. All public

Exhibit B
5 meetings were advertised in the Contra Costa Times.

Monday March 18, 2024, 6:00 PM; City of Richmond – City Council Chamber Room Wednesday March 21, 2024, 6:00 PM; City of Concord – City Council Chamber Room Thursday March 28, 2024, 6:00 PM; City of Antioch – City Council Chamber Room Thursday, April 04, 2024, 5:00 PM; City of Brentwood – Community Center Online Survey

Recognizing that not all can attend public meetings and that the scope of a one-hour meeting is limited, the Consortium also provided an online survey. The survey was mentioned in all meeting advertisements and provided at all public meetings.

The 2025/30 Consolidated Plan and FY 2025/26 Action Plan were approved by the Concord City Council in a public meeting on June 24, 2025. Pending Council approval.

4. Summary of public comments
The members of the Consortium worked together to conduct comprehensive outreach to obtain a broad perspective of housing and community development needs in the County.

Consulted were residents and organizations involved in affordable housing, fair housing, homeless programs and other community development activities. The process ensured outreach and opportunities for the involvement of affected persons of many types of programs, lower income persons and families and persons living in lower income areas, minorities and non- English-speaking persons, and persons with disabilities.

The Consortium also sought input from other public and private agencies that provide emergency housing for those who are homeless, assisted housing for special needs populations, transitional housing, health services, mental health services, social services, infrastructure needs, as well as those agencies who provide fair housing and tenant/landlord services and ensure compliance with Civil Rights laws and regulations.

Consolidated Plan comments specific to Concord and comments on the City's FY 2025/26 Action Plan are included under "Public Comments". Pending June 24, 2025, Council meeting.

Exhibit B
6 5. Summary of comments or views not accepted and the reasons for not accepting them
There were comments collected from the Community Needs survey that were not accepted, as they were not within the purview of the Consolidated Plan. Most comments were accepted from the Community Needs survey and were incorporated through the development of the Strategic Plan Goals found in section SP-45 of the Strategic Plan section of this Consolidated Plan.

6. Summary
There were numerous comments received from the Community Needs survey that was distributed at the public meetings and available in the County's website. Many of the comments were taken into consideration during the development of the Strategic Plan section, and ultimately incorporated through the actual establishment of the Strategic Plan Goals in section SP-45 of the Strategic Plan of this Consolidated Plan.

Exhibit B
7 PR-05 Lead & Responsible Agencies - 91.200(b)
Describe agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source

The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Table 115 – Responsible Agencies
Agency Role Name Department/Agency
CDBG Administrator Concord Community Development Department

Narrative

The City of Concord's entitlement
grant is administered by the City under the direction of the Community Services Manager.

Consolidated Plan Public Contact Information

Brenda Kain, Interim Community Services Manager, 1950 Parkside Drive MS/10, Concord, California 94519 (925) 603-5838.

PR-10 Consultation - 91.100, 91.110, 91.200(b), 91.300(b), 91.215(l) and

91.315(l)
Introduction

The consolidated planning process requires jurisdictions to reach out to and consult with other public and private agencies when developing the Plan. The Plan itself must include a summary of the consultation process, including identification of the agencies that participated in the process. Jurisdictions also are required to summarize their efforts to enhance coordination between public and private agencies.

The Consortium wide Consolidated Plan more completely lists the agencies, groups, organizations and others who participated in the consultation process.

THE PROCESS

Exhibit B
8 Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(I)).

The City consulted with Contra Costa County’s Public Health, Behavioral Health and Homeless Services departments, as well as local non-profit organizations, to coordinate the allocation of funds to best meet the needs of the City’s most at risk residents. CDBG funds are distributed to programs that provide services to persons with physical, developmental, substance abuse and mental health issues. This coordination leverages CDBG funds to maximize their impact.

In preparing the Plan, the City consulted with various organizations located in Contra Costa County that provide services to the residents of Concord. These consultations are part of on- going interactions between City staff and the agency or group consulted.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness

City staff consulted with the Contra Costa Council on Homelessness (CCCH) Executive Board, which provides advice and input on the operations of homeless services, program operation and program development efforts in Contra Costa County. CCCH is the working group of the CoC and membership includes representation from non-profit, governmental, housing development, law enforcement, faith-based, business, and homeless services providers as well as non-profit community and advocacy groups, the interfaith community, business organizations and other relevant community groups to implement key strategies identified in the County’s Ten Year Plan to End Homelessness.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards and evaluate outcomes, and develop funding, policies and procedures for the administration of HMIS

The City does not receive ESG funds. ESG funds are received by Contra Costa County and are allocated in coordination with the CoC.

Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdictions consultations with housing, social service agencies and other entities

Exhibit B
9 Table 116 – Agencies, Groups, Organizations That Participated

1 Agency/Group/Organization Contra Costa County Department of Conservation & Development
Agency/Group/Organization Type Other government - County

What section of the Plan was
addressed by Consultation?
Housing Need Assessment
Public Housing Needs
Homelessness Strategy
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Non-Homeless Special Needs
Economic Development
Anti-poverty Strategy
How was the
Agency/Group/Organization
consulted and what is the
anticipated outcomes of the
consultations or areas for improved
coordination.

The Department of Conservation and Development was the lead agency in the development of the Contra Costa Consortium's Consolidated Plan.

2 Agency/Group/Organization Contra Costa County Health Services

Agency/Group/Organization Type
Services-Persons with HIV/AIDS
Services-Victims of Domestic Violence
Services-homeless
Services-Health
Other government - County

What section of the Plan was
addressed by Consultation?
Homelessness Strategy
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
The County's Health, Housing and Homeless Services staff was invited to participate in the community meeting/public hearing process and to provide information on special needs populations, including homeless populations. It is anticipated that this consultation will result in improved coordination of services to the City's at risk and homeless populations.

3 Agency/Group/Organization STAND! For Families Free of Violence

Agency/Group/Organization Type
Services - Housing
Services-Children
Services-Victims of Domestic Violence
Services - Victims
Domestic Violence Services Provider
What section of the Plan was
addressed by Consultation? Homeless Needs - Families with children

Exhibit B
10 How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
STAND! was consulted to provide information regarding victims of domestic violence in the City and the services provided to this population. It is anticipated that this coordination will result in improved coordination of services to the City's victims of domestic violence.

4 Agency/Group/Organization Contra Costa Continuum of Care

Agency/Group/Organization Type
Services-homeless
Other government - County
Other government - Local
Regional organization

What section of the Plan was
addressed by Consultation?
Homelessness Strategy
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
The CoC was consulted to provide information on homelessness and the City's overall homeless population. It is anticipated that this coordination will result in improved coordination of services to the City's population who are homeless or at risk of
homelessness.

5 Agency/Group/Organization ECHO Housing
Agency/Group/Organization Type Service-Fair Housing
What section of the Plan was
addressed by Consultation?
Housing Need Assessment
Homeless Needs - Families with children
Anti-poverty Strategy
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?

Consultation with ECHO Housing regarding Fair Housing issues.

ECHO is the fair housing provider for the City of Concord.

6 Agency/Group/Organization Monument Crisis Center

Agency/Group/Organization Type
Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-homeless
What section of the Plan was
addressed by Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Non-Homeless Special Needs
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?

Consulted as part of focus group on Seniors and Disabled to identify priorities.

Exhibit B
11 Identify any Agency Types not consulted and provide rationale for not consulting All local organizations and services providers were either consulted or invited to participate in the Plan process. Organizations were consulted on an individual and group basis, and as part of public meetings. The Consortium distributed a survey through workshops, public service agencies, and the County website as well as the websites of all Consortium members.

An extended and exhaustive effort was made to reach as many individuals and organizations as possible.

For additional agencies consulted, please see the Consortium-wide Consolidated Plan.

Other local/regional/state/federal planning efforts considered when preparing the Plan

Table 117 – Other Local, Regional, Federal Planning Efforts Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of
Care
Contra Costa County
Health, Housing &
Homeless Services
The City's Community Services Manager is active with the CoC, ensuring coordination during the consolidated planning process.

Contra Costa
Consortium
Contra Costa County
Dept of Conservation &
Dev
The cities of Antioch, Concord, Pittsburg, and Walnut Creek and the County of Contra Costa have formed the Contra Costa HOME Consortium to cooperatively plan for the housing and community development needs of the County.

Describe
cooperation and coordination with other public entities, including the State and any adjacent units of general local government, in the implementation of the Consolidated Plan (91.215(l))

In addition to the organizations listed in this section significant aspects of the Plan development process included consultations with the CoC and its membership which is comprised of both public and private non-profit and for-profit entities, as well as private citizens. The Strategic Plan section of this Plan, specifically SP-40, includes a complete listing of the entities through which the City will carry out its Consolidated Plan.

For additional information regarding coordination with other public entities, please see the Consortium-wide Consolidated Plan.

PR-15 Citizen Participation - 91.105, 91.115, 91.200(c) and 91.300(c) Summary of citizen participation process / Efforts made to broaden citizen participation

Exhibit B
12 Preparation of the FY 2025-30 Consolidated Plan began with planning and outreach to the broad and diverse population that comprises Contra Costa County, including those with limited English proficiency and those with disabilities. For more detail information, please see Section PR-15 of the Consortium-wide Consolidated plan.

Summarize citizen participation process and how it impacted goal-setting

In addition to the four public meetings that were held Countywide, the Consortium held three virtual focus group meetings to allow local agencies to provide input on needs throughout the County. The first meeting on June 10, 2024, targeted the affordable housing stakeholder group; the second meeting on June 13, 2024, targeted the nonprofit and economic development stakeholder group; and the final meeting on July 11, 2024, targeted homeless service providers. Public meetings requested those attending to comment on the level of housing and community development needs in the County and the relative priority of those needs. All public meetings were advertised in the Contra Costa Times.

An online survey was also conducted to determine priority needs. Over 300 surveys were returned and tallied, with 92 commenting on the needs of Concord. The surveys and community meeting helped in the identification of high priorities and goals for the five-year period of this Consolidated Plan. A copy of the survey is in the Consortium Appendix A.

A public review draft of the Consolidated Plan was made available to the public from May 16, 2025, to June 23, 2025. A notice announcing the public review draft and the proposed City Council meeting for approval of the 2025-2030 Consolidated Plan was posted in the Contra Costa Times and on the City’s website on May 16, 2025. No public comments were received.

The Consolidated Plan and Action Plan were approved by the Concord City Council on June 24, 2025.

Citizen Participation Outreach
Citizen Participation
Outreach

Exhibit B
13 Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/
attendance
Summary of
comments
received
Summary of
comments not
accepted
and reasons
URL (If
applicable)
1 Newspaper
Ad
Non-targeted
broad
community
The Contra Costa
Consortium
posted a
newspaper ad
announcing
three public
workshops

N/A N/A
2 Internet
Outreach
Non-English
Speaking -
Specify other
language:

Spanish

Non-targeted
broad
community
The Consortium
released a
Community
Needs Survey to
a variety of
public and
private agencies,
non-profit
agencies and
private citizens
on the
Consortium's
interested
parties list
totaling over 500
individuals.

The
Consortium
received 1,213
surveys ranking
various
community
needs
throughout the
County, with
270
commenting
on Concord.

All surveys and
comments were
accepted.

Exhibit B
14 Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/
attendance
Summary of
comments
received
Summary of
comments not
accepted
and reasons
URL (If
applicable)
3 Public
Service
Agencies
Pubic Service
Providers
Electronic and
hard copies of
the Community
Needs survey
were distributed
to the offices of
various public
services agencies
throughout the
City for staff
input and to
distribute to the
residents they
serve
The
Consortium
received
numerous
comments
from local
agencies
stating the
need for
services
throughout the
County.

Comments
specific to
Concord are
attached under
"Public
Comments".

All comments
were accepted

4 Public
Meeting
Non-English
Speaking -
Specify other
language:

Spanish

Non targeted
broad
community
A public meeting
was held on
March 18, 2024,
in Richmond.

The
Consortium
received
numerous
comments
from the pubic
stating the
need for
services
throughout the
County.

All comments
were accepted.

Exhibit B
15 Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/
attendance
Summary of
comments
received
Summary of
comments not
accepted
and reasons
URL (If
applicable)
5 Public
Meeting
Non-English
Speaking -
Specify other
language:

Spanish

Non targeted
broad
community
A public meeting
was held on
March 21, 2024,
in Concord.

The
Consortium
received
numerous
comments
from the pubic
stating the
need for
services
throughout the
County.

All comments
were accepted.

6 Public
Meeting
Non-English
Speaking -
Specify other
language:

Spanish

Non targeted
broad
community
A public meeting
was held on
March 28, 2024,
in Antioch.

The
Consortium
received
numerous
comments
from the pubic
stating the
need for
services
throughout the
County.

All comments
were accepted.

7 Public
Meeting
Non-English
Speaking -
Specify other
language:

Spanish

Non targeted
broad
community
A public meeting
was held on
April 4, 2024. in
Brentwood.

The
Consortium
received
numerous
comments
from the pubic
stating the
need for
services
throughout the
County.

All comments
were accepted.

Exhibit B
16 Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/
attendance
Summary of
comments
received
Summary of
comments not
accepted
and reasons
URL (If
applicable)
8 Public
Meeting
Non-English
Speaking -
Specify other
language:

Spanish
A public meeting
was held on
April 22, 2024, in
San Ramon.

The
Consortium
received
numerous
comments
from the pubic
stating the
need for
services
throughout the
County.

All comments
were accepted.

9 Public
Meeting
Non-English
Speaking -
Specify other
language:

Spanish
A virtual meeting
was held on May
22, 2024.

The
Consortium
received
numerous
comments
from the pubic
stating the
need for
services
throughout the
County.

All comments
were accepted.

10 Newspaper
Ad
Non-English
Speaking -
Specify other
language:

Spanish

Non targeted
broad
community
Notice of the
draft
Consolidated
Plan was posted
in the Contra
Costa Times and
on the City's
website on May
16, 2025.

N/A N/A

Exhibit B
17 11 Public
Meeting
Non-English
Speaking -
Specify other
language:

Spanish

Non targeted
broad
community
Concord City Council adopted the
2025/30 Consolidated Plan on June 24,
2025. Pending June 24, 2025 Council
Meeting.

None. No comments
received.

Table 1– Citizen Participation Outreach

Exhibit B
18 NA-05 Overview
Needs Assessment Overview

The community needs section of the Consolidated Plan provides a community profile that describes the needs of the at-risk population living within the City of Concord. This section serves as the basis for determining the community development needs in the City. This section integrates information gained from the extensive public survey, focus groups and many consultations with HUD's Comprehensive Housing Affordable Strategy (CHAS) data and the most recent American Community Survey (ACS). The updated data was utilized to obtain the most accurate portrait possible of demographic, economic, educational, and housing conditions of the County as a whole, and each of the Consortium cities. All Housing CHAS data is presented in the County Consortium portion of the Consolidated Plan.

Special needs groups such as elderly/frail elderly, persons with disabilities, persons who suffer from alcohol and other drug addictions, persons who are victims of domestic violence, persons living with HIV/AIDS and homeless persons live throughout the City. Due to their special needs and/or circumstances, they may have difficulty accessing affordable housing and various services. Many are presumed to be low-income, as it becomes difficult to obtain employment due to their special needs or circumstances. The lack of income tends to create obstacles in finding affordable housing, transportation, and many medical and social services that can affect their quality of life. Given that these special needs populations have various obstacles to accessing housing and various services, the City of Concord will continue to provide CDBG funds for housing rehabilitation activities, public facility improvement activities, and public service activities that improve the quality of life for special needs groups.

In addition, Concord is currently in the process of developing a Specific Plan for the 2,327-acre Inland Area of the Concord Naval Weapons Station, which was created by the Navy in the 1940s during World War II. The Inland Area of the base was deactivated in 1997 and declared surplus property by the Navy in 2007. A Reuse Plan was adopted by the City for the area in 2010 (Appendix 1). An Area Plan was then adopted by the City for the area in 2012. The development of the area represents a significant opportunity for the City. The Specific Plan will create more specific zoning for the site and improve the quality of life for residents of Concord and the region through creation of new jobs, a variety of housing types, significant open space, preservation of natural resources, active parks, pedestrian and bike trails and community facilities. The project is expected to be home to 28,000 residents in 12,272 new residential units over a 30-year period, 25 percent of which will be affordable housing. East Bay Regional Park District is currently in the process of implementing a land use plan for the management of 2,537 acres of adjacent parkland area.

NEEDS ASSESSMENT

Exhibit B

- - -

Legend
Land Uses
Appendix 1
Transtt-Ori.ented Development (MixedUse)
High-Density Residential
Med1um-Oensity Resk1enual
M&chum-Low-Oens�y ReSlden11a1
Low-Oen$ity Residential
ComnercialOfftce
- Corrmercia1Retall
� C01TWY1erclaVRetal1Flex Space
- Convnercial Hotel
- Com-nunlfy Fac�1ties
- Educational Campus
Open Space
?arks aM Rec,eatlon
Ripanan Corridor
Golf Course and Tournament Faallties
R8Cfeatlon/Re5idential low DensityFlexArea
Potef'Clal Recreation Afeas(Sui::,ect to habitat,estr1ctlon) .*....

Rec,eation Sttes & St89ngAreas
(pe< EostBay Re�onol Pork District(EBRPD) pion)
EnYironmental Education , HiStorica l lnterp,etation
& PortChcego V,s,to,sCenter (per EBRPO pl&n)
Base Map
c:.-:J Concord Cfty Umll
Parks andOpenSpace
Mt DtabloCreek
Other Creek or Stream
Canal
H,ghWay
ArterialStreet
Local Street
Bay Area RapidTransitLine
0 BARTStation

Notes & Sources
Nole: LOOXionldicon.•• ilulllrai(l'l'o�ioflt.orl/ and�lo hat,ilQImi«gaUOnoontll'N'ltl.

Concord
CommunityReuse Plan
•• .,-.

Rolliwd Ftblllf!Y 2-3.. 2010

Figure 2-1
Preferred Alternative
Land Use Diagram
'"'

Consolidated Plan CITY OF CONCORD 2025/30 Consolidated Plan 20 OMB Control No: 2506-0117 (exp. 06/30/2018)

Exhibit B

NA-50 Non-Housing Community Development Needs - 91.415, 91.215 (f) Describe the jurisdiction’s need for Public Facilities:

Various city facilities are old and do not comply with current accessibility standards. Title II of the ADA, which covers programs, activities and services for public entities like the City of Concord, prohibits discrimination against persons with disabilities. Specifically, the City may not deny persons with disabilities the opportunity to participate in services, programs or activities that are not separate or different from those offered others. As such, all City facilities used to provide public services, programs and activities should meet required accessibility standards.

Improvements to public facilities have been identified as playing a significant role in facilitating the provision of services to those in need within the City. Public facility needs include improving access to facilities for disabled persons as well as facility improvements that increase efficiency in the provision of programs and services available at those facilities. Improving the accessibility of facilities that provide services to low-income populations will have an impact on the quality of life of Concord residents and their ability to remain self-sufficient.

How were these needs determined?

The ADA requires all public organizations to adopt a transition plan identifying physical obstacles limiting access to programs, services and activities by persons with disabilities. The City conducted an ADA Self-Evaluation and Assessment in 1992 and adopted its ADA Transition Plan in 1993. In 2009 the City resurveyed its facilities and adopted its ADA Self- Evaluation and Transition Plan Update.

Describe the jurisdiction’s need for Public Improvements:

One of the primary functions of any city is to provide safe and inviting pedestrian paths of travel. Pedestrian traffic encourages interaction between citizens, strengthens neighborhoods and contributes to the vitality of the community at large. In this time of rising energy costs and the associated environmental impact of motorized vehicle use, safe and accessible pedestrian paths of travel become even more important. Likewise, people with disabilities depend on a safe and accessible pedestrian system to conduct their daily lives.

Based on ACS 2023. U.S. Census Bureau. "Disability Characteristics" and American Community Survey 1-Year Estimates, 10.2% of Concord residents (12,414) have a disability, and among the City's senior population this number jumps to almost 60% Residents with ambulatory and vision difficulties are often limited in their ability to access services.

Consolidated Plan CITY OF CONCORD 2025/30 Consolidated Plan 21 OMB Control No: 2506-0117 (exp. 06/30/2018)

Exhibit B

For existing rights-of-way (ROW) facilities, local governments must meet the standards for Program Accessibility. Title II of the ADA requires that public entities having responsibility for or authority over streets, roads, sidewalks, and/or other areas meant for pedestrian use, to develop a Transition Plan. Simply put, a Transition Plan transitions inaccessible facilities onto environments that are accessible to and functional for individuals with disabilities.

How were these needs determined?

The City’s ADA Self-Evaluation and Transition Plan Update, adopted in 2009, included consideration of the public right-of-way. A ROW Transition Plan must include (at a minimum) an assessment of existing sidewalks and a schedule for curb ramp installations where an existing pedestrian walkway crosses a curb or other barrier. The DOJ Title II regulations require state and local government entities to prioritize the installation of curb ramps serving:

1. State and local government offices and facilities

2. Transportation

3. Places of public accommodation (private-sector facilities covered by Title III)

4. Places of employment

The transition plan outlines a roadmap for the City of Concord to follow in order to make its ROW facilities and policies accessible to individuals with disabilities.

See following table for Concord disability data.

DISABILITY CHARACTERISTICS
Concord
Total civilian noninstitutionalized population Total With a disability
% w/a
disability
121,634 12,414 10.2%
SEX
Male 60,614 6,516 10.7%
Female 61,020 5,898 9.7%

DISABILITY TYPE BY DETAILED AGE
With a hearing difficulty (X) 2,855 2.3%
Population under 18 years 24,903 0 0.0%
Population 18 to 64 years 75,220 625 0.8%
Population 65 years and over 21,511 2,230 10.4%
Population 65 to 74 years 11,162 528 4.7%
Population 75 years and over 10,349 1,702 16.4%
With a vision difficulty (X) 1,679 1.4%
Population under 18 years 24,903 175 0.7%
Population 18 to 64 years 75,220 475 0.6%

Consolidated Plan CITY OF CONCORD 2025/30 Consolidated Plan 22 OMB Control No: 2506-0117 (exp. 06/30/2018)

Exhibit B

Population 65 years and over 21,511 1,029 4.8%
Population 65 to 74 years 11,162 556 5.0%
Population 75 years and over 10,349 473 4.6%
With a cognitive difficulty (X) 3,908 3.4%
Population under 18 years 17,433 595 3.4%
Population 18 to 64 years 75,220 1,958 2.6%
Population 65 years and over 21,511 1,355 6.3%
Population 65 to 74 years 11,162 403 3.6%
Population 75 years and over 10,349 952 9.2%
With an ambulatory difficulty (X) 6,473 5.7%
Population under 18 years 17,433 0 0.0%
Population 18 to 64 years 75,220 2,767 3.7%
Population 65 years and over 21,511 3,706 17.2%
Population 65 to 74 years 11,162 1,599 14.3%
Population 75 years and over 10,349 2,107 20.4%
With a self-care difficulty (X) 2,831 2.5%
Population under 18 years 17,433 362 2.1%
Population 18 to 64 years 75,220 1,333 1.8%
Population 65 years and over 21,511 1,136 5.3%
Population 65 to 74 years 11,162 345 3.1%
Population 75 years and over 10,349 791 7.6%
With an independent living difficulty (X) 5,002 5.2%
Population 18 to 64 years 75,220 2,336 3.1%
Population 65 years and over 21,511 2,666 12.4%
Population 65 to 74 years 11,162 737 6.6%
Population 75 years and over 10,349 1,929 18.6%
SOURCE: ACS 2023. U.S. Census Bureau. "Disability Characteristics." American Community Survey, ACS 1-Year Estimates

Consolidated Plan CITY OF CONCORD 2025/30 Consolidated Plan 23 OMB Control No: 2506-0117 (exp. 06/30/2018)

Exhibit B

Describe the jurisdiction’s need for Public Services:

High priority service needs are for nutrition (such as food banks), health care, mental health services, transportation, homeless services, homelessness prevention, crisis intervention, violence prevention, child care, recreation/social programs, and fair housing. Priority need populations identified include youth, seniors, and children, victims of domestic violence, persons with disabilities and homeless persons. Based on American Community Survey (ACS) 2023 data, more than 15% of the population of the City live in low-income households.

How were these needs determined?

In collaboration with other local jurisdictions, public outreach to gain an understanding of community needs and priorities was conducted. Public meetings were conducted at locations throughout Contra Costa County to give residents the opportunity to identify their community’s greatest needs. A Community Needs Survey was available on the City's website and was provided in hard copy at all public meetings. Input was provided by over 150 organizations that offer services to special needs and lower income residents.

Consolidated Plan CITY OF CONCORD 2025/30 Consolidated Plan 24 OMB Control No: 2506-0117 (exp. 06/30/2018)

Exhibit B

MA-05 Overview
Housing Market Analysis Overview:

With the largest population of any city in Contra Costa County and a growing and diverse economic base, Concord has developed into a major residential and economic hub within the region. Concord has an agricultural history, but developed into a primarily residential community through the middle of the 20th century, providing housing for people working in San Francisco and Oakland. The Concord BART station began service in 1973, providing easier access between Concord and employment locations elsewhere in the Bay Area. During the 1980’s, a number of companies, most notably Bank of America, constructed mid-rise office buildings in Downtown Concord adjacent to the BART station, creating a hub of back-office employment opportunities for people living in Concord and other locations in the Bay Area. Downtown Concord continues to serve as an office node, while the retail sector and healthcare providers such as John Muir Medical Center generate additional economic activity in the City.

Concord has more than 49,000 housing units with the following breakdown: 64.4% are 1-unit properties (detached or attached). 15.3% have 2-19 units and17.2% have 20 or more units.

Like many other cities in the Bay Area and throughout the country, from 2017 to 2023 Concord experienced a sharp increase in the cost of housing, with the median home value increasing from $462,000 to almost $756,000. With rising costs rents have also increased, with more than a third of renter households being housing cost burdened.

Cost of Housing
2017 2023 % Change
Concord
Median Home Value 461,700 755,900 63.7%
Median Contract Rent 1,382 1,977 43.1%
Data Source: ACS 2019-2023 5 year estimate

HOUSING MARKET ANALYSIS

Consolidated Plan CITY OF CONCORD 2025/30 Consolidated Plan 25 OMB Control No: 2506-0117 (exp. 06/30/2018)

Exhibit B

Rent Paid
Concord
Rent Paid # %
Less than $500 363 2.1%
$500-999 757 4.5%
$1,000-1,499 1,910 11.2%
$1,500-1,999 4,497 26.5%
$2,000 or more 9,471 55.7%
Total 16,998 100%
Data Source: ACS 2019-2023 5 year estimate

Age is an important indicator of the condition of housing stock. Homes and structures weather with use and deteriorate with time. If they are not properly maintained, units can deteriorate quickly and become eyesores or potential sources of danger. This directly affects property prices and the quality of life of city residents. In 2023, 73% of the existing homes in the City
had been built between 1950 and 1979, and 6.5% before 1950. Although the majority of the units are more than 50 years old, most are owner-occupied, which tend to be better maintained than renter-occupied units.

A city with an older housing stock will have to budget more for preservation assistance, home repair costs and energy requirements, and improving and maintaining housing quality is an important goal for Concord. The Housing Rehabilitation Loan and Grant program provides funds for qualified low-income households, including loans for single-family repairs; emergency repair and accessibility grants; and weatherization and home security grants for seniors. Grants are provided to singe family and mobile homeowners for emergency repairs up to $25,000, and loan amounts of up to $75,000 for eligible single-family homeowners. The City currently coordinates with a non-profit organization, Habitat for Humanity, to administer loans and grants with the City’s funding.

Consolidated Plan CITY OF CONCORD 2025/30 Consolidated Plan 26 OMB Control No: 2506-0117 (exp. 06/30/2018)

Exhibit B

Condition of Units
Concord
Condition of Units Owner-Occupied Renter-Occupied
# % # %
W ith one selected Condition 7,807 27.9% 8,978 50.9%
W ith two selected Conditions 119 0.4% 1,581 9.0%
W ith three selected Conditions 90 0.3% 38 0.2%
W ith four selected Conditions 0 0.0% 38 0.2%
No selected Conditions 19,990 71.4% 6,994 39.7%
T otal 28,006 100% 17,629 100%
Data Source: ACS 2019-2023 5-year estimates

Age of Housing Stock by Year Built
Concord
Year Unit Built Owner-Occupied Renter-Occupied
# % # %
2000 or later 1,807 6.5% 1,301 7.4%
1980 - 1999 3,959 14.1% 4,414 25.0%
1950 - 1979 20,445 73.0% 10,723 60.8%
Before 1950 1,795 6.4% 1,191 6.8%
T otal 28,006 100% 17,629 100%
T otal 20,726 100% 11,416 100%
Data Source: A CS 2019-2023 5-year estimates

Risk of Lead-Based Paint Hazard
Concord
Risk of Lead - Based P aint
Hazard
Owner-Occupied Renter-Occupied
# % # %
Total Number of Units Built
Before 1980 22,240 79.4% 11,914 67.7%
Housing Units build before 1980
with children present 3245 14.6% 2715 22.8%
Data Source: A CS 2019-2023 5-year estimates

Consolidated Plan CITY OF CONCORD 2025/30 Consolidated Plan 27 OMB Control No: 2506-0117 (exp. 06/30/2018)

Exhibit B

As Concord looks to the future, the City is developing plans for key infill and other development sites that will shape the next phase of residential and commercial development in Concord. Planning for the City’s existing and future housing needs will be an essential element of this process, and the 2023-2031 Housing Element assists the City in continuing its strong history of planning for housing for all segments of the population.

MA-45 Non-Housing Community Development Assets - 91.410, 91.210(f) Introduction
Following is a brief examination of various factors that comprise the Market Analysis for Non- Housing Community Development assets:

Demographics - According to the ACS 2023. U.S. Census Bureau, the City of Concord has a population of 125,410. The racial demographics are White alone – 45%; Black or African American alone – 4.5%; Asian alone – 15.1%; Some other race alone – 15.8%. The percentage of those who identify as Hispanic or Latino, regardless of race, is 30.9%, which is slightly higher than countywide average of 28%.

The median age in Concord is 39.4 years, which is slightly older than the median age statewide of 38.2 years. Of Concord’s population, nearly 18% is over the age of 65, with 6.6% between 75 and 84 and 2.1% over the age of 85. Children up to age 18 make up 23.9% of the population.

Consolidated Plan CITY OF CONCORD 2025/30 Consolidated Plan 28 OMB Control No: 2506-0117 (exp. 06/30/2018)

Exhibit B

Demographics
Concord
Population and People
Total Population 125,410
Race and Ethnicity
American Indian & Alaskan Native 1,425
Asian 18,802
Black or African American 4,789
Hispanic or Latino 38,953
Native Hawaiian and Other Pacific Islander 693
Not Hispanic or Latino 54,104
Some other race 21,268
2 or more races 18,633
White 59,800
Families & Household (HH) Characteristics
Children under 18 yrs old 20.4%
Under 5 yrs 6.1%
5-14 yrs 10.7%
15-17 yrs 3.5%
Average family size 3.05
Total households by type of HH
Married-Couple Family 46.4%
Male Householder, no spouse present 17.5%
Female Householder, no spouse present 28.4%
Age
Median Age 39.4
Older Population - 65 years & older 17.8%
Older by Age - 65-74 9.1%
75-84 6.6%
85 + 2.1%
Source: ACS 1-year estimate

Education, Income and Poverty
- The poverty rate in Concord is 8.6%. 7.3% of children under 18 years live in poverty, as do 7.7% of seniors aged 65 or older. The City’s employment rate is 63.5% and 38.6% of Concord residents have a bachelor’s degree or higher. The median household income is $100,442. Income for families is higher at $120,819 while nonfamily households have a median income of $65,377.

Consolidated Plan CITY OF CONCORD 2025/30 Consolidated Plan 29 OMB Control No: 2506-0117 (exp. 06/30/2018)

Exhibit B

Education, Income and Poverty
Concord

INCOME AND POVERTY
Median Household Income $100,442
Median Income - Families $120,819
Median Income - Couple families $141,621
Median Income - Nonfamily HHs $65,377
Poverty Percentage 8.6%
Poverty by age - under 18 yrs 7.3%
18 to 64 9.4%
65 yrs and over 7.7%

EDUCATIONAL ATTAINMENT
Bachelor's degree or higher 38.6%
Attainment by age 25 yrs & older
High School or equivalent 18.2%
Some college, no degree 22.6%
Associate's Degree 8.7%
Bachelor's degree 26.8%
Graduate or Professional Degree 11.9%
Source: ACS 1-year Estimate

Employment and Labor
Force – In Concord, 48,449 residents over the age of 16 are employed. Of these, 15.3% work in local, state or federal government, 62.2% work for private companies, 9.5% work for private not-for -profit agencies and 4.1% are self-employed. Nearly 25% work in education, health care and social services. 14% work in management and administrative services and 12% work in retail trade. Construction employs 8% of the Concord workforce and manufacturing employees 6%. The average travel time to work is 35.2 minutes.

Consolidated Plan CITY OF CONCORD 2025/30 Consolidated Plan 30 OMB Control No: 2506-0117 (exp. 06/30/2018)

Exhibit B

Economic Development Market Analysis

Business Activity

Business Activity, Concord
Business by Sector # of
Workers

# of Jobs
Share of
Workers
%
Share of
Jobs
%
Jobs less
workers
%
Agriculture, Mining, Oil & Gas Extraction 492 38 1 0 -1 Arts, Entertainment, Accommodations 6,836 6,337 14 13 -1 Construction 3,737 6,072 8 12 4
Education and Health Care Services 10,202 9,018 21 18 -3 Finance, Insurance, and Real Estate 4,245 8,672 9 17 8
Information 1,852 1,627 4 3 -1
Manufacturing 2,860 1,483 6 3 -3
Other Services 2,167 2,037 4 3 -1
Professional, Scientific, Management Services 6,691 4,771 14 9 -5 Retail Trade 6,034 8,144 12 16 4
Transportation and Warehousing 1,495 857 3 2 -1
Wholesale Trade 1,838 1,552 4 3 -1
Total 48,449 50,608 -- -- --
Data Source: 2016-2020 ACS (Workers), 2020 Longitudinal Employer-Household Dynamics (Jobs)

Labor Force

Labor Force, Concord
Total Population in the Civilian Labor Force 67,246
Civilian Employed Population 16 years and over 63,963
Unemployment Rate 4.9
Unemployment Rate for Ages 16-24 10.8
Unemployment Rate for Ages 25-65 4.2
Data Source: ACS 2019-2023 5-year estimate

Occupations by Sector, Concord
Occupations by Sector # of People
Management, business and financial 19,250
Farming, fisheries and forestry occupations 2,305
Service 7,285
Sales and office 14,195
Construction, extraction, maintenance and repair 5,214
Production, transportation and material moving 3,020
Data Source: ACS 2019-2023 5-year estimate