Brentwood City Council
December 12, 2023

© 2023 Kanics Inclusive Design Services, LLC
Sensory Systems Engaged Motor Skills
Cognitive Skills Social Skills
Forge™ Climber
Vestibular+
Proprioception
Tactile
Visual
Problem Solving
Agility, Balance,
Coordination, Eye-Hand Coordination,
Fine Motor, Flexibility,
Motor Planning,
Core, Lower and Upper Body Strength
Cooperation
Social Skill Development
Imaginative Play
The Forge Climber challenges children to constantly respond to their own movements as well as the movement of other children climbing on the net. This improves their balance, flexibility, and motor coordination. The subtle movements of the net help build overall core trunk muscle strength. The mirror sensory panels provide children with a sensory experience where they can use their fingers and vision to refocus themselves during play.

© 2023 Kanics Inclusive Design Services, LLC
Sensory Systems Engaged Motor Skills
Cognitive Skills Social Skills
Footprint™ Wobble Bouncer
Vestibular
Proprioception
Problem Solving
Balance
Coordination
Motor Planning
Core Body Strength
Cooperation
Social Skill Development
Imaginative Play
The Footprint Wobble Bouncer can help children work on their balance skills as they move from one Footprint Wobble Bouncer to other Footprint elements on the playground.

The platform can also be a fun place to sit with a friend and wobble back and forth.

© 2023 Kanics Inclusive Design Services, LLC
Sensory Systems Engaged Motor Skills
Cognitive Skills Social Skills
Forma™ Sol™ Spinner
Vestibular+
Proprioception
Tactile
Visual
Problem Solving
Agility, Balance,
Coordination, Eye-Hand Coordination,
Fine Motor, Flexibility,
Motor Planning,
Core, Lower & Upper Body Strength
Cooperation
Social Skill Development
Imaginative Play
The Forma Sol Spinner provides different ways that children can spin and rotate their body alone or with a friend. It encourages them to work together to give their vestibular system a playful spin. Those who want to explore sound can engage in the Rain Sound Wheel Panel. It provides the Forma with some great sensory play experiences that every child will enjoy.

43 City of Brentwood 2023/24 – 2027/28 Capital Improvement Program Project Title: Project #: 352-52447
Homecoming Park Playground Replacement
Description/Justification:

Replace play equipment in Homecoming Park to meet current ADA accessibility guidelines and Consumer Product Safety Commission guidelines. Resilient safety surfacing in playground areas will be renovated. Replacement play equipment parts can become unavailable and may create a situation where the playgrounds no longer meet either the current Consumer Product Safety Commission guidelines on safety or the current ADA guidelines. The play equipment at Homecoming Park was constructed in 1999.

Project Status:

The design and construction phase of this project is anticipated to begin in FY 2023/24.

Supplemental Information:

The City's goal is to bring older park play equipment up to current requirements and standards.

PROJECT EXPENDITURES Prior 2023/24 2024/25 2025/26 2026/27 2027/28 TOTAL 70239 Legal 1,000 $ 1,000
90040 Planning and Design 500 $ 500
90050 Construction 325,740 $ 325,740
TOTAL $ 327,240 $ 327,240
PROJECT FUNDING Prior 2023/24 2024/25 2025/26 2026/27 2027/28 TOTAL 47708 265,740 61,500 $ 327,240
TOTAL $ 265,740 $ 61,500 $ 327,240

PROJECT FINANCING CURRENT PROPOSED
Replacement - Parks and LLAD
Project Category: Parks and Trails Improvements
Location: Homecoming Way and McHenry Way
Project Manager: B. Johnson
Project Priority: 1C - Mandatory
Project Phase: Construction
Est. Completion Date: 2023/24
Future Annual
O & M Impact: $0
Public Art
Requirement: CSF 2-7

CITY COUNCIL AGENDA ITEM NO. F.4
12/12/2023
SUBJECT: Agreement with Axon Enterprises for Police Department Equipment and Services and amending the Operating Budget DEPARTMENT: Police Department
STAFF: Timothy Herbert, Chief of Police
Michael Thompson, Police Lieutenant

TITLE/RECOMMENDATION
Staff recommends City Council authorize the City Manager or designee to execute an agreement and necessary documents with Axon Enterprises, Inc. in the amount of $1,820,470, plus funding authorization for an additional $150,000 for contingencies, for a total not-to-exceed funding authorization amount of $1,970,470 over a five year term for the purchase and installation of body-worn cameras, in-car video systems, electronic control devices, interview room video and audio equipment, digital evidence storage, unmanned aerial vehicles, and future innovative technologies; and amending the FY 2023/24 General Fund Operating Budget in the amount of $74,830.

FISCAL IMPACT
If approved, the annual cost of the agreement would be $364,094 and funded by the General Fund. Additionally, the agreement would authorize a total of $150,000, or an average of $30,000 per year, for contingencies. The contingency is requested to support any potential staffing growth and allow staff the ability to capitalize on new or innovative technology improvements Axon may offer during the course of the agreement.

The current FY 2023/24 General Fund budget includes $289,264 for the services provided by Axon. As such, approval of this agreement would require a General Fund budget amendment of $74,830 for the FY 2023/24 portion of the contract. Contract costs for the subsequent fiscal years would be included in the draft FY 2024/25 – 2025/26 Operating Budget draft for consideration of adoption in June of 2024.

BACKGROUND
Technology has been an ongoing part in providing the best police services possible.

Video technology in the form of body worn cameras, interview room cameras, in-car

CITY COUNCIL AGENDA ITEM NO. F.4
12/12/2023
video cameras, unmanned aerial vehicles (UAV’s / drones), and any other form of photo/video provided by the public to assist in documenting evidence, helps strengthen police transparency and accountability, prevents and resolves community complaints, trains officers, improves community and officer behavior and provides the public and the police perspective on incidents. Capturing all of this digital evidence in various formats and in high volume requires a secure digital evidence storage space that can accommodate the necessary storage.

Since 2019, the Police Department (“Department”) has used Axon Enterprises, Inc. (“Axon”) hardware and software. Axon is the leading company in the area of bodyworn cameras, in-car video systems, Electronic Control Devices (ECD’s / Tasers), interview room video and audio equipment, digital evidence storage, and UAVs. Axon continues to offer all of the latest hardware (body-worn cameras, ECD, in-car cameras, and UAVs) with an integrated storage system (Evidence.com).

Axon’s line of products allows our department to consolidate all of the digital evidence into one system. By having one system it allows easier access for officers, records staff, evidence staff and the District Attorney’s Office. Officers and Department staff have the ability to access live video feeds during an active event from different video/audio devices. Axon products also give officers the ability to view their videos in the field to help expedite report preparation. Axon’s Evidence.com allows the Department the ability to submit police reports and digital evidence to the District Attorney’s Office electronically, which relieves staff from having to retrieve and copy digital evidence to multiple CDs. Axon’s software provides a video redaction tool that has facial recognition features allowing staff to quickly redact the faces of protected victims before releasing those videos to the public under public records act requests.

Axon Air provides unmanned aerial vehicles assistance to law enforcement, fire, rescue, and emergency management. Axon Air provides first responders real-time situational awareness, integrated cloud based digital evidence management, and a comprehensive program management feature. Pilot Officers are able to live-stream their flights to incident command, seamlessly transfer their video recordings to Evidence.com, and maintain their flight logs, training records, and inventory of their equipment all in one database.

Axon is the only company that offers body-worn cameras, in-car video systems, electronic control devices, interview room video and audio equipment, and unmanned aerial vehicles, which work seamlessly with one digital evidence storage software (Evidence.com). In addition, Axon allows our current CAD system to export information into Evidence.com to assist staff with locating videos related to a specific incident. Axon offers the ability to have body-worn cameras activate via Bluetooth

CITY COUNCIL AGENDA ITEM NO. F.4
12/12/2023
technology anytime another camera is activated by another officer in close proximity, when Code 3 lights are activated, ECDs are activated or when officers draw their firearms from their holsters. Axon is the only company, which can do all four actions on a single platform.

Additionally, Axon continues to be pioneers with its innovation and technology. In 2020, Axon implemented Axon Citizen which provides citizens secure links (initiated by investigating officers) allowing citizens to upload digital evidence captured on their cellular phones directly to Evidence.com. Axon also recently implemented a transcription service with Evidence.com that will transcribe the conversations and statements captured on video, thus saving staff time having to write out statements in police reports. Another innovation is the introduction of My90, which allows citizens who call into 9-1-1 to participate in a performance feedback survey.

With Axon’s proven track record of innovation, it can be anticipated that newer technological advancements involving the use of A.I., facial recognition software, license plate readers, UAV technologies and improved hardware equipment and software are on the horizon and will continue to develop during the term of this agreement and beyond. Staff has included a request of $150,000 in contingency funds over the life of the agreement which would allow the Department and City to both grow and stay current with the technological opportunities and services provided by Axon as it continues to advance with technology over the next five years.

Additionally, any added personnel and/or vehicles during the next five years will require additional hardware and software licenses at an additional expense, which will be covered under the contingency.

Based on the information outlined above the Department is utilizing Council/Administrative Policy, Purchasing Policy No.: 10-7 Section 5.3 Sole Source/Non-Competitive Negotiations for this purchase.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

ENVIRONMENTAL DETERMINATION

CITY COUNCIL AGENDA ITEM NO. F.4
12/12/2023
Not Applicable.

ATTACHMENT(S)
Attachment 1 – Previous Action
Attachment 2 – Resolution
Attachment 3- Agreement

ATTACHMENT “1”
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

On December 10, 2019, the City Council adopted Resolution 2019-137, authorizing the City Manager or designee to execute an agreement with Axon Enterprise for the purchase and installation of body-worn cameras, in-car video systems, electronic control devices, interview room video and audio equipment, digital evidence storage, and unmanned aerial vehicles in a not-to-exceed amount of $250,000 per year for a five-year term.

On January 24, 2023, the City Council adopted Resolution 2023-03, which among other actions, increased the authorized amount for Axon services provided during the fiscal year from $250,000 to $304,795.

RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD AUTHORIZING THE CITY MANAGER OR DESIGNEE

TO EXECUTE AN AGREEMENT AND NECESSARY DOCUMENTS
WITH AXON ENTERPRISES, INC. IN THE AMOUNT OF $1,820,470 PLUS FUNDING AUTHORIZATION OF $150,000 FOR

CONTINGENCIES, FOR A TOTAL NOT-TO-EXCEED FUNDING
AUTHORIZATION AMOUNT OF $1,970,470 OVER A FIVE-YEAR
TERM; AND AMENDING THE FY 2023/24 OPERATING BUDGET
WHEREAS, on December 10, 2019 the City Council adopted Resolution 2019- 137, authorizing the City Manager or designee to execute an agreement with Axon Enterprises for the purchase and installation of body-worn cameras, in-car video systems, electronic control devices, interview room video and audio equipment, digital evidence storage, and unmanned aerial vehicles in a not-to-exceed amount of $250,000 per year for a five-year term; and
WHEREAS, on January 24, 2023 the City Council adopted Resolution 2019- 137, which among other actions, increased the authorized amount for Axon services provided during the fiscal year from $250,000 to $304,795; and WHEREAS, the Police Department has used Axon Enterprise hardware and software since 2019 and has been very satisfied with its products and services; and WHEREAS, Axon is the leading company in the area of body-worn cameras, in-car video systems, Electronic Control Devices, interview room video and audio equipment, digital evidence storage and unmanned aerial vehicles; and WHEREAS, Axon’s technology provides many cost and time saving benefits to the Police Department; and
WHEREAS, the Contra Costa County District Attorney’s Office works exclusively with Axon’s Evidence.com, and almost all police agencies in the county use Axon’s hardware and software products; and
WHEREAS, the cost of Axon services would be funded by the General Fund, and capped at $364,094 per year for a five-year term, plus a contingency of $150,000 which would allow for future growth and technological improvements; and WHEREAS, Axon is the only company offering a single digital software storage system that fully integrates all of the necessary operational equipment for the Police Department; and

WHEREAS, the Police Department is utilizing Council/Administrative Policy, Purchasing Policy No. 10-7 Section 5.3 Sole Source/Non Competitive Negotiations in procuring the necessary equipment and services from Axon.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby authorize the City Manager or designee to execute an agreement and necessary documents with Axon Enterprises, Inc. in the amount of $1,820,470 plus funding authorization of $150,000 for contingencies, for a total not-to-exceed funding authorization amount of $1,970,470 over a five-year term; and amends the FY 2023/24 General Fund Operating Budget in the amount of $74,830.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 12th day of December 2023 by the following vote:

Q-502352-45231.904KP
Issued: 11/01/2023
Quote Expiration: 12/31/2023
Estimated Contract Start Date: 01/15/2024
Account Number: 108004
Payment Terms: N30
Delivery Method:

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
9100 Brentwood Blvd
9100 Brentwood Blvd
Brentwood,
CA
94513-4000
USA
Brentwood Police Dept. - CA
150 City Park Way
Brentwood
CA
94513
USA
Email:

Kyle Panasewicz
Phone: +1 4803294734
Email: [email protected]
Fax: (480) 905-2071
Michael Thompson
Phone: (925) 809-7765
Email: [email protected]
Fax: (925) 809-7808
Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $112,024.19 TOTAL COST $1,775,012.62
ESTIMATED TOTAL W/ TAX $1,820,468.58 TOTAL SAVINGS $560,120.94 Payment Summary
Date Subtotal Tax Total
Dec 2023 $355,002.54 $9,091.18 $364,093.72
Dec 2024 $355,002.52 $9,091.18 $364,093.70
Dec 2025 $355,002.52 $9,091.18 $364,093.70
Dec 2026 $355,002.52 $9,091.18 $364,093.70
Dec 2027 $355,002.52 $9,091.24 $364,093.76
Total $1,775,012.62 $45,455.96 $1,820,468.58
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737

Quote Unbundled Price: $2,335,133.56
Quote List Price: $1,987,447.98
Quote Subtotal: $1,775,012.62
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
80462 FLEET 3 ADVANCED BUNDLE WITH TAP TRUE UP 1 2 $108.00 $108.00 $216.00 $18.90 $234.90 80477 FLEET 3 ADVANCED RENEWAL WITH TAP TRUE UP 3 2 $51.25 $51.25 $307.50 $26.91 $334.41 80462 FLEET 3 ADVANCED BUNDLE WITH TAP TRUE UP 25 2 $108.00 $108.00 $5,400.00 $472.50 $5,872.50 100552 TRANSFER CREDIT - GOODS AXON 1 $1.00 $33,054.28 $33,054.28 $2,892.25 $35,946.53 OSP10+ Officer Safety Plan 10 Plus 75 60 $322.94 $258.90 $249.25 $1,121,625.00 $32,238.64 $1,153,863.64 Fleet3A Fleet 3 Advanced 1 60 $234.73 $254.57 $248.62 $14,917.20 $545.89 $15,463.09 Fleet3A Fleet 3 Advanced 1 58 $278.71 $254.57 $233.88 $13,565.04 $377.11 $13,942.15 CLASSMUAS AXON AIR, CLASS M UAS BUNDLE 2 60 $116.67 $116.67 $116.67 $14,000.40 $0.00 $14,000.40 CLASS2UAS AXON AIR, CLASS 2 UAS BUNDLE 1 60 $283.34 $283.34 $283.34 $17,000.40 $0.00 $17,000.40 CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 6 60 $183.34 $183.34 $183.34 $66,002.40 $0.00 $66,002.40 Fleet3A Fleet 3 Advanced 3 58 $278.71 $254.57 $191.44 $33,310.56 $800.11 $34,110.67 Fleet3ARe Fleet 3 Advanced Renewal 25 58 $216.05 $178.74 $178.74 $259,173.00 $5,534.07 $264,707.07 Unlimited7+ Unlimited 7+ Bundle 10 60 $195.56 $193.90 $193.90 $116,340.00 $1,849.58 $118,189.58 A la Carte Hardware
72036 FLEET 3 STANDARD 2 CAMERA KIT 25 $2,695.00 $0.00 $0.00 $0.00 $0.00 H00002 AB4 Multi Bay Dock Bundle 10 $1,638.90 $0.00 $0.00 $0.00 $0.00 H00001 AB4 Camera Bundle 85 $849.00 $0.00 $0.00 $0.00 $0.00 A la Carte Software
87050 FLEET VIEW XL LICENSE 1 24 $29.58 $29.58 $709.92 $0.00 $709.92 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 2 24 $17.34 $17.34 $832.32 $0.00 $832.32 87050 FLEET VIEW XL LICENSE 28 2 $29.00 $29.00 $1,624.00 $0.00 $1,624.00 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 56 2 $17.00 $17.00 $1,904.00 $0.00 $1,904.00 50041 INTERVIEW - SOFTWARE - STREAMING SERVER
LICENSE (PER SERVER) 2 $1,750.00 $1,750.00 $3,500.00 $306.25 $3,806.25 50043 INTERVIEW - SOFTWARE - STREAMING SERVER
MAINTENANCE (PER SER 2 60 $31.68 $31.68 $3,801.60 $0.00 $3,801.60 50037 INTERVIEW - SOFTWARE - CLIENT (PER TOUCH
PANEL-PC) 3 $1,500.00 $1,500.00 $4,500.00 $393.75 $4,893.75 50039 INTERVIEW - SOFTWARE - CLIENT MAINTENANCE
(PER TOUCH PANEL-P 3 60 $27.12 $27.12 $4,881.60 $0.00 $4,881.60 100112 AXON AIR, E.COM PILOT DATA LIC 10 60 $32.55 $32.55 $19,530.00 $0.00 $19,530.00 50045 UNLIMITED INTERVIEW ROOM CLOUD STORAGE 4 60 $107.41 $107.41 $25,778.40 $0.00 $25,778.40 ProLicense Pro License Bundle 5 60 $42.31 $42.25 $12,675.00 $0.00 $12,675.00 A la Carte Services
85149 CEW 2 DAY PRODUCT SPECIFIC INSTRUCTOR
COURSE 1 $6,800.00 $0.00 $0.00 $0.00 $0.00
85055 AXON FULL SERVICE 1 $26,775.00 $0.00 $0.00 $0.00 $0.00

A la Carte Warranties
80397 EXT WARRANTY, FLEET 2 KIT 28 2 $6.50 $6.50 $364.00 $0.00 $364.00 Total $1,775,012.62 $45,455.96 $1,820,468.58

Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
AB4 Camera Bundle 100147 AXON BODY 4 - NA - US FIRST RESPONDER - BLK - RAPIDLOCK 85 12/15/2023 AB4 Camera Bundle 100147 AXON BODY 4 - NA - US FIRST RESPONDER - BLK - RAPIDLOCK 2 12/15/2023 AB4 Camera Bundle 100466 USB-C to USB-C CABLE FOR AB4 94 12/15/2023 AB4 Camera Bundle 74028 WING CLIP MOUNT, AXON RAPIDLOCK 94 12/15/2023 AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 10 12/15/2023 AB4 Multi Bay Dock Bundle 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 10 12/15/2023 AB4 Multi Bay Dock Bundle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 10 12/15/2023 Fleet 3 Advanced 72036 FLEET 3 STANDARD 2 CAMERA KIT 1 12/15/2023 Officer Safety Plan 10 Plus 100390 TASER 10 HANDLE, YLW, CLASS 3R 75 12/15/2023 Officer Safety Plan 10 Plus 100390 TASER 10 HANDLE, YLW, CLASS 3R 2 12/15/2023 Officer Safety Plan 10 Plus 100393 TASER 10 LIVE DUTY MAGAZINE BLACK 75 12/15/2023 Officer Safety Plan 10 Plus 100393 TASER 10 LIVE DUTY MAGAZINE BLACK 2 12/15/2023 Officer Safety Plan 10 Plus 100394 TASER 10 HALT TRN MAGAZINE BLUE (HOOK-AND-LOOP-TRAINING) 3 12/15/2023 Officer Safety Plan 10 Plus 100395 TASER 10 LIVE TRAINING MAGAZINE PURPLE 3 12/15/2023 Officer Safety Plan 10 Plus 100396 TASER 10 INERT MAGAZINE RED 3 12/15/2023 Officer Safety Plan 10 Plus 100399 TASER 10 LIVE CARTRIDGE 1500 12/15/2023 Officer Safety Plan 10 Plus 100400 TASER 10 HALT CARTRIDGE 450 12/15/2023 Officer Safety Plan 10 Plus 100401 TASER 10 INERT CARTRIDGE 30 12/15/2023 Officer Safety Plan 10 Plus 100611 TASER 10 SAFARILAND HOLSTER, RH 70 12/15/2023 Officer Safety Plan 10 Plus 100613 TASER 10 SAFARILAND HOLSTER, LH 5 12/15/2023 Officer Safety Plan 10 Plus 100623 ENHANCED HOOK-AND-LOOP TRAINING (HALT) SUIT (V2) 1 12/15/2023 Officer Safety Plan 10 Plus 20018 TASER BATTERY PACK, TACTICAL 75 12/15/2023 Officer Safety Plan 10 Plus 20018 TASER BATTERY PACK, TACTICAL 13 12/15/2023 Officer Safety Plan 10 Plus 20018 TASER BATTERY PACK, TACTICAL 2 12/15/2023 Officer Safety Plan 10 Plus 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 1 12/15/2023 Officer Safety Plan 10 Plus 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 1 12/15/2023 Officer Safety Plan 10 Plus 71044 BATTERY, SIGNAL SIDEARM, CR2430 SINGLE PACK 150 12/15/2023 Officer Safety Plan 10 Plus 74200 TASER 6-BAY DOCK AND CORE 1 12/15/2023 Officer Safety Plan 10 Plus 75015 SIGNAL SIDEARM KIT 75 12/15/2023 Officer Safety Plan 10 Plus 80087 TASER TARGET, CONDUCTIVE, PROFESSIONAL (RUGGEDIZED) 1 12/15/2023 Officer Safety Plan 10 Plus 80090 TARGET FRAME, PROFESSIONAL, 27.5 IN. X 75 IN., TASER 7 1 12/15/2023 Unlimited 7+ Bundle 71044 BATTERY, SIGNAL SIDEARM, CR2430 SINGLE PACK 20 12/15/2023 Unlimited 7+ Bundle 75015 SIGNAL SIDEARM KIT 10 12/15/2023 Fleet 3 Advanced 70112 AXON SIGNAL UNIT 3 02/15/2024
Fleet 3 Advanced 70112 AXON SIGNAL UNIT 1 02/15/2024
Fleet 3 Advanced 72036 FLEET 3 STANDARD 2 CAMERA KIT 3 02/15/2024 Fleet 3 Advanced 72036 FLEET 3 STANDARD 2 CAMERA KIT 1 02/15/2024 A la Carte 72036 FLEET 3 STANDARD 2 CAMERA KIT 25 02/15/2024 Officer Safety Plan 10 Plus 100399 TASER 10 LIVE CARTRIDGE 150 12/15/2024 Officer Safety Plan 10 Plus 100400 TASER 10 HALT CARTRIDGE 450 12/15/2024

Hardware
Bundle Item Description QTY Estimated Delivery Date
Officer Safety Plan 10 Plus 100399 TASER 10 LIVE CARTRIDGE 150 12/15/2025 Officer Safety Plan 10 Plus 100400 TASER 10 HALT CARTRIDGE 450 12/15/2025 Officer Safety Plan 10 Plus 73309 AXON CAMERA REFRESH ONE 77 06/15/2026 Officer Safety Plan 10 Plus 73689 MULTI-BAY BWC DOCK 1ST REFRESH 10 06/15/2026 Unlimited 7+ Bundle 73309 AXON CAMERA REFRESH ONE 10 06/15/2026 Officer Safety Plan 10 Plus 100399 TASER 10 LIVE CARTRIDGE 150 12/15/2026 Officer Safety Plan 10 Plus 100400 TASER 10 HALT CARTRIDGE 450 12/15/2026 Officer Safety Plan 10 Plus 100399 TASER 10 LIVE CARTRIDGE 150 12/15/2027 Officer Safety Plan 10 Plus 100400 TASER 10 HALT CARTRIDGE 450 12/15/2027 Fleet 3 Advanced 72040 FLEET REFRESH, 2 CAMERA KIT 1 10/14/2028 Fleet 3 Advanced 72040 FLEET REFRESH, 2 CAMERA KIT 3 10/15/2028 Fleet 3 Advanced Renewal 72040 FLEET REFRESH, 2 CAMERA KIT 25 10/15/2028 Fleet 3 Advanced 72040 FLEET REFRESH, 2 CAMERA KIT 1 12/15/2028 Officer Safety Plan 10 Plus 73310 AXON CAMERA REFRESH TWO 77 12/15/2028 Officer Safety Plan 10 Plus 73688 MULTI-BAY BWC DOCK 2ND REFRESH 10 12/15/2028 Unlimited 7+ Bundle 73310 AXON CAMERA REFRESH TWO 10 12/15/2028 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date AXON AIR, CLASS 1 UAS BUNDLE 100579 AXON AIR, UAS LICENSE (CLASS 1) 6 01/15/2024 01/14/2029 AXON AIR, CLASS 1 UAS BUNDLE 100584 AXON AIR, ADVANCED STREAMING ADD-ON 6 01/15/2024 01/14/2029 AXON AIR, CLASS 1 UAS BUNDLE 100586 AXON AIR, API INTEGRATIONS ADD-ON 6 01/15/2024 01/14/2029 AXON AIR, CLASS 2 UAS BUNDLE 100580 AXON AIR, UAS LICENSE (CLASS 2) 1 01/15/2024 01/14/2029 AXON AIR, CLASS 2 UAS BUNDLE 100584 AXON AIR, ADVANCED STREAMING ADD-ON 1 01/15/2024 01/14/2029 AXON AIR, CLASS 2 UAS BUNDLE 100586 AXON AIR, API INTEGRATIONS ADD-ON 1 01/15/2024 01/14/2029 AXON AIR, CLASS M UAS BUNDLE 100582 AXON AIR, UAS LICENSE (CLASS M) 2 01/15/2024 01/14/2029 AXON AIR, CLASS M UAS BUNDLE 100584 AXON AIR, ADVANCED STREAMING ADD-ON 2 01/15/2024 01/14/2029 AXON AIR, CLASS M UAS BUNDLE 100586 AXON AIR, API INTEGRATIONS ADD-ON 2 01/15/2024 01/14/2029 Fleet 3 Advanced 80400 FLEET, VEHICLE LICENSE 1 01/15/2024 01/14/2029 Fleet 3 Advanced 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 1 01/15/2024 01/14/2029 Fleet 3 Advanced 80402 RESPOND DEVICE LICENSE - FLEET 3 1 01/15/2024 01/14/2029 Fleet 3 Advanced 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 2 01/15/2024 01/14/2029 Officer Safety Plan 10 Plus 100801 RECORDS OSP 75 01/15/2024 01/14/2029 Officer Safety Plan 10 Plus 20248 TASER 7 EVIDENCE.COM LICENSE 75 01/15/2024 01/14/2029 Officer Safety Plan 10 Plus 20248 TASER 7 EVIDENCE.COM LICENSE 1 01/15/2024 01/14/2029 Officer Safety Plan 10 Plus 73478 REDACTION ASSISTANT USER LICENSE 75 01/15/2024 01/14/2029 Officer Safety Plan 10 Plus 73618 AXON COMMUNITY REQUEST+ LICENSE 75 01/15/2024 01/14/2029 Officer Safety Plan 10 Plus 73638 STANDARDS ACCESS LICENSE 75 01/15/2024 01/14/2029 Officer Safety Plan 10 Plus 73680 RESPOND DEVICE PLUS LICENSE 75 01/15/2024 01/14/2029 Officer Safety Plan 10 Plus 73682 AUTO TAGGING LICENSE 75 01/15/2024 01/14/2029 Officer Safety Plan 10 Plus 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 750 01/15/2024 01/14/2029 Officer Safety Plan 10 Plus 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 75 01/15/2024 01/14/2029 Officer Safety Plan 10 Plus 73739 PERFORMANCE LICENSE 75 01/15/2024 01/14/2029 Officer Safety Plan 10 Plus 73746 PROFESSIONAL EVIDENCE.COM LICENSE 75 01/15/2024 01/14/2029 Pro License Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 15 01/15/2024 01/14/2029 Pro License Bundle 73746 PROFESSIONAL EVIDENCE.COM LICENSE 5 01/15/2024 01/14/2029

Software
Bundle Item Description QTY Estimated Start Date Estimated End Date Unlimited 7+ Bundle 73478 REDACTION ASSISTANT USER LICENSE 10 01/15/2024 01/14/2029 Unlimited 7+ Bundle 73618 AXON COMMUNITY REQUEST+ LICENSE 10 01/15/2024 01/14/2029 Unlimited 7+ Bundle 73638 STANDARDS ACCESS LICENSE 10 01/15/2024 01/14/2029 Unlimited 7+ Bundle 73680 RESPOND DEVICE PLUS LICENSE 10 01/15/2024 01/14/2029 Unlimited 7+ Bundle 73682 AUTO TAGGING LICENSE 10 01/15/2024 01/14/2029 Unlimited 7+ Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 100 01/15/2024 01/14/2029 Unlimited 7+ Bundle 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 10 01/15/2024 01/14/2029 Unlimited 7+ Bundle 73739 PERFORMANCE LICENSE 10 01/15/2024 01/14/2029 Unlimited 7+ Bundle 73746 PROFESSIONAL EVIDENCE.COM LICENSE 10 01/15/2024 01/14/2029 A la Carte 100112 AXON AIR, E.COM PILOT DATA LIC 10 01/15/2024 01/14/2029 A la Carte 50037 INTERVIEW - SOFTWARE - CLIENT (PER TOUCH PANEL-PC) 3 01/15/2024 01/14/2029 A la Carte 50039 INTERVIEW - SOFTWARE - CLIENT MAINTENANCE (PER TOUCH PANEL-P 3 01/15/2024 01/14/2029
A la Carte 50041 INTERVIEW - SOFTWARE - STREAMING SERVER LICENSE (PER SERVER) 2 01/15/2024 01/14/2029
A la Carte 50043 INTERVIEW - SOFTWARE - STREAMING SERVER MAINTENANCE (PER SER 2 01/15/2024 01/14/2029
A la Carte 50045 UNLIMITED INTERVIEW ROOM CLOUD STORAGE 4 01/15/2024 01/14/2029 A la Carte 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 56 01/15/2024 03/14/2024 A la Carte 87050 FLEET VIEW XL LICENSE 28 01/15/2024 03/14/2024 Fleet 3 Advanced 80400 FLEET, VEHICLE LICENSE 3 03/15/2024 01/14/2029 Fleet 3 Advanced 80400 FLEET, VEHICLE LICENSE 1 03/15/2024 01/14/2029 Fleet 3 Advanced 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 3 03/15/2024 01/14/2029 Fleet 3 Advanced 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 1 03/15/2024 01/14/2029 Fleet 3 Advanced 80402 RESPOND DEVICE LICENSE - FLEET 3 3 03/15/2024 01/14/2029 Fleet 3 Advanced 80402 RESPOND DEVICE LICENSE - FLEET 3 1 03/15/2024 01/14/2029 Fleet 3 Advanced 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 6 03/15/2024 01/14/2029 Fleet 3 Advanced 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 2 03/15/2024 01/14/2029 Fleet 3 Advanced Renewal 80400 FLEET, VEHICLE LICENSE 25 03/15/2024 01/14/2029 Fleet 3 Advanced Renewal 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 25 03/15/2024 01/14/2029 Fleet 3 Advanced Renewal 80402 RESPOND DEVICE LICENSE - FLEET 3 25 03/15/2024 01/14/2029 Fleet 3 Advanced Renewal 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 50 03/15/2024 01/14/2029 A la Carte 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 2 01/15/2027 01/14/2029 A la Carte 87050 FLEET VIEW XL LICENSE 1 01/15/2027 01/14/2029 Services
Bundle Item Description QTY
Fleet 3 Advanced 73391 FLEET 3 DEPLOYMENT (PER VEHICLE) 3 Fleet 3 Advanced 73391 FLEET 3 DEPLOYMENT (PER VEHICLE) 1 Fleet 3 Advanced Renewal 73392 FLEET 3 UPGRADE INSTALLATION (PER VEHICLE) 25 Officer Safety Plan 10 Plus 100751 TASER 10 DUTY CARTRIDGE REPLACEMENT ACCESS PROGRAM 75 Officer Safety Plan 10 Plus 11642 THIRD-PARTY VIDEO SUPPORT LICENSE 75 Officer Safety Plan 10 Plus 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 Officer Safety Plan 10 Plus 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 Officer Safety Plan 10 Plus 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 Officer Safety Plan 10 Plus 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1

Services
Bundle Item Description QTY
Officer Safety Plan 10 Plus 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 Officer Safety Plan 10 Plus 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 Officer Safety Plan 10 Plus 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 Officer Safety Plan 10 Plus 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 Officer Safety Plan 10 Plus 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 Officer Safety Plan 10 Plus 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 Unlimited 7+ Bundle 11642 THIRD-PARTY VIDEO SUPPORT LICENSE 10 A la Carte 85055 AXON FULL SERVICE 1
A la Carte 85149 CEW 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 80397 EXT WARRANTY, FLEET 2 KIT 28 01/15/2024 03/14/2024 Officer Safety Plan 10 Plus 100704 EXT WARRANTY, TASER 10 HANDLE 75 12/15/2024 01/14/2029 Officer Safety Plan 10 Plus 100704 EXT WARRANTY, TASER 10 HANDLE 2 12/15/2024 01/14/2029 Officer Safety Plan 10 Plus 80374 EXT WARRANTY, TASER 7 BATTERY PACK 75 12/15/2024 01/14/2029 Officer Safety Plan 10 Plus 80374 EXT WARRANTY, TASER 7 BATTERY PACK 13 12/15/2024 01/14/2029 Officer Safety Plan 10 Plus 80374 EXT WARRANTY, TASER 7 BATTERY PACK 2 12/15/2024 01/14/2029 Officer Safety Plan 10 Plus 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 1 12/15/2024 01/14/2029 Officer Safety Plan 10 Plus 80464 EXT WARRANTY, CAMERA (TAP) 75 12/15/2024 01/14/2029 Officer Safety Plan 10 Plus 80464 EXT WARRANTY, CAMERA (TAP) 2 12/15/2024 01/14/2029 Officer Safety Plan 10 Plus 80465 EXT WARRANTY, MULTI-BAY DOCK (TAP) 10 12/15/2024 01/14/2029 Unlimited 7+ Bundle 80464 EXT WARRANTY, CAMERA (TAP) 10 12/15/2024 01/14/2029 Fleet 3 Advanced 80379 EXT WARRANTY, AXON SIGNAL UNIT 3 02/15/2025 01/14/2029 Fleet 3 Advanced 80379 EXT WARRANTY, AXON SIGNAL UNIT 1 02/15/2025 01/14/2029 Fleet 3 Advanced 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 3 02/15/2025 01/14/2029 Fleet 3 Advanced 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 1 02/15/2025 01/14/2029 Fleet 3 Advanced Renewal 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 25 02/15/2025 01/14/2029

Payment Details
Dec 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 100112 AXON AIR, E.COM PILOT DATA LIC 10 $3,906.00 $0.00 $3,906.00 Year 1 100552 TRANSFER CREDIT - GOODS AXON 1 $6,610.86 $578.45 $7,189.31 Year 1 50037 INTERVIEW - SOFTWARE - CLIENT (PER TOUCH PANEL-PC) 3 $900.00 $78.75 $978.75 Year 1 50039 INTERVIEW - SOFTWARE - CLIENT MAINTENANCE (PER TOUCH PANEL-P 3 $976.32 $0.00 $976.32 Year 1 50041 INTERVIEW - SOFTWARE - STREAMING SERVER LICENSE (PER SERVER) 2 $700.00 $61.25 $761.25 Year 1 50043 INTERVIEW - SOFTWARE - STREAMING SERVER MAINTENANCE (PER SER 2 $760.32 $0.00 $760.32 Year 1 50045 UNLIMITED INTERVIEW ROOM CLOUD STORAGE 4 $5,155.68 $0.00 $5,155.68 Year 1 72036 FLEET 3 STANDARD 2 CAMERA KIT 25 $0.00 $0.00 $0.00 Year 1 80397 EXT WARRANTY, FLEET 2 KIT 28 $72.80 $0.00 $72.80 Year 1 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 2 $166.46 $0.00 $166.46 Year 1 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 56 $380.80 $0.00 $380.80 Year 1 80462 FLEET 3 ADVANCED BUNDLE WITH TAP TRUE UP 1 $43.20 $3.78 $46.98 Year 1 80462 FLEET 3 ADVANCED BUNDLE WITH TAP TRUE UP 25 $1,080.00 $94.50 $1,174.50 Year 1 80477 FLEET 3 ADVANCED RENEWAL WITH TAP TRUE UP 3 $61.50 $5.38 $66.88 Year 1 85055 AXON FULL SERVICE 1 $0.00 $0.00 $0.00
Year 1 85149 CEW 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $0.00 $0.00 $0.00 Year 1 87050 FLEET VIEW XL LICENSE 1 $141.98 $0.00 $141.98 Year 1 87050 FLEET VIEW XL LICENSE 28 $324.80 $0.00 $324.80 Year 1 CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 6 $13,200.48 $0.00 $13,200.48 Year 1 CLASS2UAS AXON AIR, CLASS 2 UAS BUNDLE 1 $3,400.08 $0.00 $3,400.08 Year 1 CLASSMUAS AXON AIR, CLASS M UAS BUNDLE 2 $2,800.08 $0.00 $2,800.08 Year 1 Fleet3A Fleet 3 Advanced 1 $2,983.44 $109.17 $3,092.61 Year 1 Fleet3A Fleet 3 Advanced 3 $6,662.10 $160.02 $6,822.12 Year 1 Fleet3A Fleet 3 Advanced 1 $2,713.02 $75.42 $2,788.44 Year 1 Fleet3ARe Fleet 3 Advanced Renewal 25 $51,834.60 $1,106.81 $52,941.41 Year 1 H00001 AB4 Camera Bundle 85 $0.00 $0.00 $0.00
Year 1 H00002 AB4 Multi Bay Dock Bundle 10 $0.00 $0.00 $0.00 Year 1 OSP10+ Officer Safety Plan 10 Plus 75 $224,325.02 $6,447.73 $230,772.75 Year 1 ProLicense Pro License Bundle 5 $2,535.00 $0.00 $2,535.00 Year 1 Unlimited7+ Unlimited 7+ Bundle 10 $23,268.00 $369.92 $23,637.92 Total $355,002.54 $9,091.18 $364,093.72
Jan 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment OSP10+ Officer Safety Plan 10 Plus 75 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00
Dec 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 100112 AXON AIR, E.COM PILOT DATA LIC 10 $3,906.00 $0.00 $3,906.00 Year 2 100552 TRANSFER CREDIT - GOODS AXON 1 $6,610.86 $578.45 $7,189.31 Year 2 50037 INTERVIEW - SOFTWARE - CLIENT (PER TOUCH PANEL-PC) 3 $900.00 $78.75 $978.75

Dec 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 50039 INTERVIEW - SOFTWARE - CLIENT MAINTENANCE (PER TOUCH PANEL-P 3 $976.32 $0.00 $976.32 Year 2 50041 INTERVIEW - SOFTWARE - STREAMING SERVER LICENSE (PER SERVER) 2 $700.00 $61.25 $761.25 Year 2 50043 INTERVIEW - SOFTWARE - STREAMING SERVER MAINTENANCE (PER SER 2 $760.32 $0.00 $760.32 Year 2 50045 UNLIMITED INTERVIEW ROOM CLOUD STORAGE 4 $5,155.68 $0.00 $5,155.68 Year 2 72036 FLEET 3 STANDARD 2 CAMERA KIT 25 $0.00 $0.00 $0.00 Year 2 80397 EXT WARRANTY, FLEET 2 KIT 28 $72.80 $0.00 $72.80 Year 2 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 2 $166.46 $0.00 $166.46 Year 2 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 56 $380.80 $0.00 $380.80 Year 2 80462 FLEET 3 ADVANCED BUNDLE WITH TAP TRUE UP 1 $43.20 $3.78 $46.98 Year 2 80462 FLEET 3 ADVANCED BUNDLE WITH TAP TRUE UP 25 $1,080.00 $94.50 $1,174.50 Year 2 80477 FLEET 3 ADVANCED RENEWAL WITH TAP TRUE UP 3 $61.50 $5.38 $66.88 Year 2 85055 AXON FULL SERVICE 1 $0.00 $0.00 $0.00
Year 2 85149 CEW 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $0.00 $0.00 $0.00 Year 2 87050 FLEET VIEW XL LICENSE 1 $141.98 $0.00 $141.98 Year 2 87050 FLEET VIEW XL LICENSE 28 $324.80 $0.00 $324.80 Year 2 CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 6 $13,200.48 $0.00 $13,200.48 Year 2 CLASS2UAS AXON AIR, CLASS 2 UAS BUNDLE 1 $3,400.08 $0.00 $3,400.08 Year 2 CLASSMUAS AXON AIR, CLASS M UAS BUNDLE 2 $2,800.08 $0.00 $2,800.08 Year 2 Fleet3A Fleet 3 Advanced 1 $2,983.44 $109.17 $3,092.61 Year 2 Fleet3A Fleet 3 Advanced 3 $6,662.10 $160.02 $6,822.12 Year 2 Fleet3A Fleet 3 Advanced 1 $2,713.02 $75.42 $2,788.44 Year 2 Fleet3ARe Fleet 3 Advanced Renewal 25 $51,834.60 $1,106.81 $52,941.41 Year 2 H00001 AB4 Camera Bundle 85 $0.00 $0.00 $0.00
Year 2 H00002 AB4 Multi Bay Dock Bundle 10 $0.00 $0.00 $0.00 Year 2 OSP10+ Officer Safety Plan 10 Plus 75 $224,325.00 $6,447.73 $230,772.73 Year 2 ProLicense Pro License Bundle 5 $2,535.00 $0.00 $2,535.00 Year 2 Unlimited7+ Unlimited 7+ Bundle 10 $23,268.00 $369.92 $23,637.92 Total $355,002.52 $9,091.18 $364,093.70
Dec 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 100112 AXON AIR, E.COM PILOT DATA LIC 10 $3,906.00 $0.00 $3,906.00 Year 3 100552 TRANSFER CREDIT - GOODS AXON 1 $6,610.86 $578.45 $7,189.31 Year 3 50037 INTERVIEW - SOFTWARE - CLIENT (PER TOUCH PANEL-PC) 3 $900.00 $78.75 $978.75 Year 3 50039 INTERVIEW - SOFTWARE - CLIENT MAINTENANCE (PER TOUCH PANEL-P 3 $976.32 $0.00 $976.32 Year 3 50041 INTERVIEW - SOFTWARE - STREAMING SERVER LICENSE (PER SERVER) 2 $700.00 $61.25 $761.25 Year 3 50043 INTERVIEW - SOFTWARE - STREAMING SERVER MAINTENANCE (PER SER 2 $760.32 $0.00 $760.32 Year 3 50045 UNLIMITED INTERVIEW ROOM CLOUD STORAGE 4 $5,155.68 $0.00 $5,155.68 Year 3 72036 FLEET 3 STANDARD 2 CAMERA KIT 25 $0.00 $0.00 $0.00 Year 3 80397 EXT WARRANTY, FLEET 2 KIT 28 $72.80 $0.00 $72.80 Year 3 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 2 $166.46 $0.00 $166.46 Year 3 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 56 $380.80 $0.00 $380.80 Year 3 80462 FLEET 3 ADVANCED BUNDLE WITH TAP TRUE UP 1 $43.20 $3.78 $46.98 Year 3 80462 FLEET 3 ADVANCED BUNDLE WITH TAP TRUE UP 25 $1,080.00 $94.50 $1,174.50 Year 3 80477 FLEET 3 ADVANCED RENEWAL WITH TAP TRUE UP 3 $61.50 $5.38 $66.88 Year 3 85055 AXON FULL SERVICE 1 $0.00 $0.00 $0.00

Dec 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 OSP10+ Officer Safety Plan 10 Plus 75 $224,325.00 $6,447.73 $230,772.73 Year 4 ProLicense Pro License Bundle 5 $2,535.00 $0.00 $2,535.00 Year 4 Unlimited7+ Unlimited 7+ Bundle 10 $23,268.00 $369.92 $23,637.92 Total $355,002.52 $9,091.18 $364,093.70
Dec 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 100112 AXON AIR, E.COM PILOT DATA LIC 10 $3,906.00 $0.00 $3,906.00 Year 5 100552 TRANSFER CREDIT - GOODS AXON 1 $6,610.86 $578.45 $7,189.31 Year 5 50037 INTERVIEW - SOFTWARE - CLIENT (PER TOUCH PANEL-PC) 3 $900.00 $78.75 $978.75 Year 5 50039 INTERVIEW - SOFTWARE - CLIENT MAINTENANCE (PER TOUCH PANEL-P 3 $976.32 $0.00 $976.32 Year 5 50041 INTERVIEW - SOFTWARE - STREAMING SERVER LICENSE (PER SERVER) 2 $700.00 $61.25 $761.25 Year 5 50043 INTERVIEW - SOFTWARE - STREAMING SERVER MAINTENANCE (PER SER 2 $760.32 $0.00 $760.32 Year 5 50045 UNLIMITED INTERVIEW ROOM CLOUD STORAGE 4 $5,155.68 $0.00 $5,155.68 Year 5 72036 FLEET 3 STANDARD 2 CAMERA KIT 25 $0.00 $0.00 $0.00 Year 5 80397 EXT WARRANTY, FLEET 2 KIT 28 $72.80 $0.00 $72.80 Year 5 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 2 $166.46 $0.00 $166.46 Year 5 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 56 $380.80 $0.00 $380.80 Year 5 80462 FLEET 3 ADVANCED BUNDLE WITH TAP TRUE UP 1 $43.20 $3.78 $46.98 Year 5 80462 FLEET 3 ADVANCED BUNDLE WITH TAP TRUE UP 25 $1,080.00 $94.50 $1,174.50 Year 5 80477 FLEET 3 ADVANCED RENEWAL WITH TAP TRUE UP 3 $61.50 $5.39 $66.89 Year 5 85055 AXON FULL SERVICE 1 $0.00 $0.00 $0.00
Year 5 85149 CEW 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $0.00 $0.00 $0.00 Year 5 87050 FLEET VIEW XL LICENSE 1 $141.98 $0.00 $141.98 Year 5 87050 FLEET VIEW XL LICENSE 28 $324.80 $0.00 $324.80 Year 5 CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 6 $13,200.48 $0.00 $13,200.48 Year 5 CLASS2UAS AXON AIR, CLASS 2 UAS BUNDLE 1 $3,400.08 $0.00 $3,400.08 Year 5 CLASSMUAS AXON AIR, CLASS M UAS BUNDLE 2 $2,800.08 $0.00 $2,800.08 Year 5 Fleet3A Fleet 3 Advanced 1 $2,983.44 $109.21 $3,092.65 Year 5 Fleet3A Fleet 3 Advanced 3 $6,662.10 $160.03 $6,822.13 Year 5 Fleet3A Fleet 3 Advanced 1 $2,713.02 $75.43 $2,788.45 Year 5 Fleet3ARe Fleet 3 Advanced Renewal 25 $51,834.60 $1,106.83 $52,941.43 Year 5 H00001 AB4 Camera Bundle 85 $0.00 $0.00 $0.00
Year 5 H00002 AB4 Multi Bay Dock Bundle 10 $0.00 $0.00 $0.00 Year 5 OSP10+ Officer Safety Plan 10 Plus 75 $224,325.00 $6,447.72 $230,772.72 Year 5 ProLicense Pro License Bundle 5 $2,535.00 $0.00 $2,535.00 Year 5 Unlimited7+ Unlimited 7+ Bundle 10 $23,268.00 $369.90 $23,637.90 Total $355,002.52 $9,091.24 $364,093.76

Dec 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 85149 CEW 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $0.00 $0.00 $0.00 Year 3 87050 FLEET VIEW XL LICENSE 1 $141.98 $0.00 $141.98 Year 3 87050 FLEET VIEW XL LICENSE 28 $324.80 $0.00 $324.80 Year 3 CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 6 $13,200.48 $0.00 $13,200.48 Year 3 CLASS2UAS AXON AIR, CLASS 2 UAS BUNDLE 1 $3,400.08 $0.00 $3,400.08 Year 3 CLASSMUAS AXON AIR, CLASS M UAS BUNDLE 2 $2,800.08 $0.00 $2,800.08 Year 3 Fleet3A Fleet 3 Advanced 1 $2,983.44 $109.17 $3,092.61 Year 3 Fleet3A Fleet 3 Advanced 3 $6,662.10 $160.02 $6,822.12 Year 3 Fleet3A Fleet 3 Advanced 1 $2,713.02 $75.42 $2,788.44 Year 3 Fleet3ARe Fleet 3 Advanced Renewal 25 $51,834.60 $1,106.81 $52,941.41 Year 3 H00001 AB4 Camera Bundle 85 $0.00 $0.00 $0.00
Year 3 H00002 AB4 Multi Bay Dock Bundle 10 $0.00 $0.00 $0.00 Year 3 OSP10+ Officer Safety Plan 10 Plus 75 $224,325.00 $6,447.73 $230,772.73 Year 3 ProLicense Pro License Bundle 5 $2,535.00 $0.00 $2,535.00 Year 3 Unlimited7+ Unlimited 7+ Bundle 10 $23,268.00 $369.92 $23,637.92 Total $355,002.52 $9,091.18 $364,093.70
Dec 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 100112 AXON AIR, E.COM PILOT DATA LIC 10 $3,906.00 $0.00 $3,906.00 Year 4 100552 TRANSFER CREDIT - GOODS AXON 1 $6,610.86 $578.45 $7,189.31 Year 4 50037 INTERVIEW - SOFTWARE - CLIENT (PER TOUCH PANEL-PC) 3 $900.00 $78.75 $978.75 Year 4 50039 INTERVIEW - SOFTWARE - CLIENT MAINTENANCE (PER TOUCH PANEL-P 3 $976.32 $0.00 $976.32 Year 4 50041 INTERVIEW - SOFTWARE - STREAMING SERVER LICENSE (PER SERVER) 2 $700.00 $61.25 $761.25 Year 4 50043 INTERVIEW - SOFTWARE - STREAMING SERVER MAINTENANCE (PER SER 2 $760.32 $0.00 $760.32 Year 4 50045 UNLIMITED INTERVIEW ROOM CLOUD STORAGE 4 $5,155.68 $0.00 $5,155.68 Year 4 72036 FLEET 3 STANDARD 2 CAMERA KIT 25 $0.00 $0.00 $0.00 Year 4 80397 EXT WARRANTY, FLEET 2 KIT 28 $72.80 $0.00 $72.80 Year 4 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 2 $166.46 $0.00 $166.46 Year 4 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 56 $380.80 $0.00 $380.80 Year 4 80462 FLEET 3 ADVANCED BUNDLE WITH TAP TRUE UP 1 $43.20 $3.78 $46.98 Year 4 80462 FLEET 3 ADVANCED BUNDLE WITH TAP TRUE UP 25 $1,080.00 $94.50 $1,174.50 Year 4 80477 FLEET 3 ADVANCED RENEWAL WITH TAP TRUE UP 3 $61.50 $5.38 $66.88 Year 4 85055 AXON FULL SERVICE 1 $0.00 $0.00 $0.00
Year 4 85149 CEW 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $0.00 $0.00 $0.00 Year 4 87050 FLEET VIEW XL LICENSE 1 $141.98 $0.00 $141.98 Year 4 87050 FLEET VIEW XL LICENSE 28 $324.80 $0.00 $324.80 Year 4 CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 6 $13,200.48 $0.00 $13,200.48 Year 4 CLASS2UAS AXON AIR, CLASS 2 UAS BUNDLE 1 $3,400.08 $0.00 $3,400.08 Year 4 CLASSMUAS AXON AIR, CLASS M UAS BUNDLE 2 $2,800.08 $0.00 $2,800.08 Year 4 Fleet3A Fleet 3 Advanced 1 $2,983.44 $109.17 $3,092.61 Year 4 Fleet3A Fleet 3 Advanced 3 $6,662.10 $160.02 $6,822.12 Year 4 Fleet3A Fleet 3 Advanced 1 $2,713.02 $75.42 $2,788.44 Year 4 Fleet3ARe Fleet 3 Advanced Renewal 25 $51,834.60 $1,106.81 $52,941.41 Year 4 H00001 AB4 Camera Bundle 85 $0.00 $0.00 $0.00
Year 4 H00002 AB4 Multi Bay Dock Bundle 10 $0.00 $0.00 $0.00

Exceptions to Standard Terms and Conditions
Agency has existing contracts #00063605, #00069698, and #00089769 (originated via Q-313189, Q-352190, and Q-437885) and is terminating those contracts upon the new license start date (1/15/2024) of this quote.

The parties agree that Axon is charging a debit of $33,054.28 to capture remaining hardware value. This debit is based on a ship date range of 12/15/2023 - 12/31/2023, resulting in a 1/15/2024 license date. Any change in this date and resulting license start date will result in modification of this quote's value which may result in additional fees due to or from Axon. This debit is reflected on page 2 via SKU 100552.

This credit is contingent upon agency payment of any outstanding invoices including and not limited final invoice of contract #00089769. \s1\ \d1\

1 FLEET STATEMENT OF WORK BETWEEN AXON ENTERPRISE AND AGENCY Introduction
This Statement of Work (“SOW”) has been made and entered into by and between Axon Enterprise, Inc. (“AXON”), and Brentwood Police Dept. - CA the (“AGENCY”) for the purchase of the Axon Fleet in-car video solution (“FLEET”) and its supporting information, services and training. (AXON Technical Project Manager/The AXON installer)
Purpose and Intent
AGENCY states, and AXON understands and agrees, that Agency’s purpose and intent for entering into this SOW is for the AGENCY to obtain from AXON deliverables, which used solely in conjunction with AGENCY’s existing systems and equipment, which AGENCY specifically agrees to purchase or provide pursuant to the terms of this SOW.

This SOW contains the entire agreement between the parties. There are no promises, agreements, conditions, inducements, warranties or understandings, written or oral, expressed or implied, between the parties, other than as set forth or referenced in the SOW.

Acceptance
Upon completion of the services outlined in this SOW, AGENCY will be provided a professional services acceptance form (“Acceptance Form”). AGENCY will sign the Acceptance Form acknowledging that services have been completed in substantial conformance with this SOW and the Agreement. If AGENCY reasonably believes AXON did not complete the professional services in conformance with this SOW, AGENCY must notify AXON in writing of the specific reasons within seven (7) calendar days from delivery of the Acceptance Form. AXON will remedy the issues to conform with this SOW and re-present the Acceptance Form for signature. If AXON does not receive the signed Acceptance Form or written notification of the reasons for rejection within 7 calendar days of the delivery of the Acceptance Form, AGENCY will be deemed to have accepted the services in accordance to this SOW.

Force Majeure

2 Neither party hereto shall be liable for delays or failure to perform with respect to this SOW due to causes beyond the party’s reasonable control and not avoidable by diligence.

Schedule Change
Each party shall notify the other as soon as possible regarding any changes to agreed upon dates and times of Axon Fleet in-car Solution installation to be performed pursuant of this Statement of Work.

Axon Fleet Deliverables
Typically, within (30) days of receiving this fully executed SOW, an AXON Technical Project Manager will deliver to AGENCY’s primary point of contact via electronic media, controlled documentation, guides, instructions and videos followed by available dates for the initial project review and customer readiness validation. Unless otherwise agreed upon by AXON, AGENCY may print and reproduce said documents for use by its employees only.

Security Clearance and Access
Upon AGENCY’s request, AXON will provide the AGENCY a list of AXON employees, agents, installers or representatives which require access to the AGENCY’s facilities in order to perform Work pursuant of this Statement of Work. AXON will ensure that each employee, agent or representative has been informed or and consented to a criminal background investigation by AGENCY for the purposes of being allowed access to AGENCY‘s facilities. AGENCY is responsible for providing AXON with all required instructions and documentation accompanying the security background check’s requirements.

Training
AXON will provide training applicable to Axon Evidence, Cradlepoint NetCloud Manager and Axon Fleet application in a train-the-trainer style method unless otherwise agreed upon between the AGENCY and AXON.

Local Computer

3 AGNECY is responsible for providing a mobile data computer (MDC) with the same software, hardware, and configuration that AGENCY personnel will use with the AXON system being installed. AGENCY is responsible for making certain that any and all security settings (port openings, firewall settings, antivirus software, virtual private network, routing, etc.) are made prior to the installation, configuration and testing of the aforementioned deliverables.

Network
AGENCY is responsible for making certain that any and all network(s) route traffic to appropriate endpoints and AXON is not liable for network breach, data interception, or loss of data due to misconfigured firewall settings or virus infection, except to the extent that such virus or infection is caused, in whole or in part, by defects in the deliverables.

Cradlepoint Router
When applicable, AGENCY must provide AXON Installers with temporary administrative access to Cradlepoint’s NetCloud Manager to the extent necessary to perform Work pursuant of this Statement of Work.

Evidence.com
AGENCY must provide AXON Installers with temporary administrative access to Axon Evidence.com to the extent necessary to perform Work pursuant of this SOW.

Wireless Upload System
If purchased by the AGENCY, on such dates and times mutually agreed upon by the parties, AXON will install and configure into AGENCY’s existing network a wireless network infrastructure as identified in the AGENCY’s binding quote based on conditions of the sale.

VEHICLE INSTALLATION
Preparedness

4 On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer less weapons and items of evidence.

Vehicle(s) will be deemed ‘out of service’ to the extent necessary to perform Work pursuant of this SOW.

Existing Mobile Video Camera System Removal
On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer which will remove from said vehicles all components of the existing mobile video camera system unless otherwise agreed upon by the AGENCY.

Major components will be salvaged by the AXON Installer for auction by the AGENCY. Wires and cables are not considered expendable and will not be salvaged. Salvaged components will be placed in a designated area by the AGENCY within close proximity of the vehicle in an accessible work space.

Prior to removing the existing mobile video camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle’s systems’ operation to identify and operate, documenting any existing component or system failures and in detail, identify which components of the existing mobile video camera system will be removed by the AXON Installer.

In-Car Hardware/Software Delivery and Installation
On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer, who will install and configure in each vehicle in accordance with the specifications detailed in the system’s installation manual and its relevant addendum(s). Applicable in-car hardware will be installed and configured as defined and validated by the AGENCY during the pre-deployment discovery process.

If a specified vehicle is unavailable on the date and time agreed upon by the parties, AGENCY will provide a similar vehicle for the installation process. Delays due to a vehicle, or substitute vehicle, not being available at agreed upon dates and times may results in additional fees to the AGENCY. If the AXON Installer determines that a vehicle is not properly prepared for installation (“Not Fleet Ready”), such as a battery not being properly charged or properly up-fit for in-service, field operations, the issue shall be reported immediately to the AGENCY for resolution and a date and time for the future installation shall be agreed upon by the parties.

5 Upon completion of installation and configuration, AXON will systematically test all installed and configured in-car hardware and software to ensure that ALL functions of the hardware and software are fully operational and that any deficiencies are corrected unless otherwise agreed upon by the AGENCY, installation, configuration, test and the correct of any deficiencies will be completed in each vehicle accepted for installation.

Prior to installing the Axon Fleet camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle’s existing systems’ operation to identify, document any existing component or vehicle systems’ failures. Prior to any vehicle up-fitting the AXON Installer will introduce the system’s components, basic functions, integrations and systems overview along with reference to AXON approved, AGENCY manuals, guides, portals and videos. It is both the responsibility of the AGENCY and the AXON Installer to agree on placement of each components, the antenna(s), integration recording trigger sources and customer preferred power, ground and ignition sources prior to permanent or temporary installation of an Axon Fleet camera solution in each vehicle type.

Agreed placement will be documented by the AXON Installer.

AXON welcomes up to 5 persons per system operation training session per day, and unless otherwise agreed upon by the AGENCY, the first vehicle will be used for an installation training demonstration. The second vehicle will be used for an assisted installation training demonstration. The installation training session is customary to any AXON Fleet installation service regardless of who performs the continued Axon Fleet system installations.

6 The customary training session does not ‘certify’ a non-AXON Installer, customer-employed Installer or customer 3rd party Installer, since the AXON Fleet products does not offer an Installer certification program. Any work performed by non-AXON Installer, customer-employed Installer or customer 3rd party Installer is not warrantied by AXON, and AXON is not liable for any damage to the vehicle and its existing systems and AXON Fleet hardware.

AGREEMENT FOR BODY WORN CAMERAS, TASER (ECD), FLEET VIDEO SYSTEMS, INTERVIEW

ROOMS, DRONES, AND DIGITAL EVIDENCE STORAGE SERVICES
[Axon Enterprises, Inc.]
THIS AGREEMENT is made and entered into as of the _____ day of ___________________, 2023 by and between the City of Brentwood, a municipal corporation of the State of California ("City" or “Agency”), and Axon Enterprise, Inc., a Delaware corporation ("Consultant") (each a “Party” and collectively, the “Parties”).

RECITALS
A. City requires the professional services of a consultant specifically trained and experienced in body worn cameras, Taser (ECD), fleet video systems, interview room video, unmanned aircraft systems (drones), and digital evidence storage, which are professional services outside of services offered by City.

B. Consultant has the professional skills and experience necessary to perform the services described in this Agreement.

C. Consultant customarily engages in these services as part of its independently established trade, occupation, and/or business, separately from its work for City.

D. City desires to engage Consultant to provide these services by reason of its qualifications and experience in performing such services
E. Consultant has submitted a proposal to City and has affirmed its willingness and ability to perform such work on the terms and manner set forth in this Agreement.

F. The Parties executed an agreement for similar services on December 19, 2019 (“the 2019 Agreement”), which is set to expire on June 30, 2025.

G. The Parties desire the 2019 Agreement to terminate effective December 12, 2023.

NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows:

1. Scope of Work.

1.1 City retains Consultant, as an independent contractor, to perform, and Consultant agrees to render, those services (the "Services") that are described in the attached Exhibits "A" and “B,” which are incorporated by this reference, pursuant to this Agreement’s terms and conditions.

1.2 Consultant will control the manner and the means of the work to be performed, and be responsible for the professional quality, technical accuracy and coordination of the Services. Consultant will, without additional compensation, correct or revise any errors or deficiencies in the Services.

1.3. Consultant will keep City informed on a regular basis that the Services are being performed in accordance with the requirement and intentions of this Agreement.

1.4 If applicable, Consultant has designated those persons listed in Exhibit “A” to provide the Services to the City. Consultant will not change or reassign those persons described in Exhibit “A” without prior written notice to City, and will not replace those individuals with individuals to whom City has a reasonable objection.

2. Standard of Performance. Consultant acknowledges that in entering into this Agreement the City is relying on Consultant's special skills and experience to do and perform the Services. While performing

2 the Services, Consultant will exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Northern California area. The acceptance of the Services by City does not release Consultant from these obligations.

Consultant will be responsible for employing or engaging all persons necessary to perform the Services.

Consultant will control the manner and means of the services to be performed by its employees and subconsultants. All of Consultant's staff will be qualified by training and experience to perform their assigned tasks. Consultant will give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and will keep the Services under its control.

On demand of City, if any employee or subcontractor of Consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she will be discharged immediately from the Services.

3. Term. Unless earlier terminated, the term of this Agreement will be effective from December 13, 2023 (“Effective Date”), through December 31, 2028.

4. Schedule. Consultant will generally adhere to the schedule set forth in Exhibit “B” provided, that City will grant reasonable extensions of time for the performance of the Services occasioned by unusually lengthy governmental reviews of Consultant’s work product or other unavoidable delays occasioned by unforeseen circumstances; provided, further, that such unavoidable delay will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant’s officers or employees.

Consultant acknowledges the importance to City of City’s project schedule and agrees to put forth its best professional efforts to perform the Services in a manner consistent with that schedule. City understands, however, that Consultant’s performance must be governed by sound practices. Consultant will work such overtime or engage such personnel and equipment as necessary to maintain the schedule, without additional compensation.

5. Compensation.

5.1 The total fee payable for the Services to be performed during the term of this Agreement will be a not to exceed amount of $1,820,470.00, as may be further specified in the attached Exhibits “A” and “B.” No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement.

5.2 Payment will occur only after receipt by City of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. Consultant invoices upon shipment for both hardware and the first year of services. Consultant will invoice annually in advance for services each year thereafter. Unless this Agreement is terminated, payment obligations are noncancelable. City will pay invoices without setoff, deduction, or withholding

5.3 Within thirty (30) days after receipt of any applicable progress payment request, City will verify the accuracy of the request, correct the charges where appropriate, and make payment to Consultant in an amount equal to the amount of such application, as verified or corrected by City. .

6. Status of Consultant. Consultant will perform the Services as an independent contractor, free from the control and direction of City, in pursuit of Consultant’s independent calling, and not as an employee of City. The persons used by Consultant to provide the Services under this Agreement will not be considered employees of City for any purposes whatsoever and City will not pay any tax, workers’ compensation insurance, retirement contributions or unemployment contributions on behalf of Consultant or its employees or subcontractors. Consultant agrees to indemnify and pay City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment, including, but not limited to, those based on any provision of the Federal Affordable Care Act,/ which City may be required to make on behalf of Consultant or any agent, employee, or contractor of Consultant for work done under this Agreement. The payment made to Consultant pursuant to the

3 Agreement will be the full and complete compensation to which Consultant is entitled. City will not make any federal or state tax withholdings on behalf of Consultant or its agents, employees or subcontractors.

At the City’s election, City may deduct the amounts paid pursuant to this Section, from any balance owing to Consultant.

7. Subcontracting. Consultant's services are being requested by City because they are unique and personal. Except as may be specified in Exhibits “A” or “B”, Consultant will not subcontract any portion of the Services without prior written approval of City Manager or his/her designee. If Consultant subcontracts any of the Services, Consultant will be fully responsible to City for the acts, errors and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Consultant and City. Consultant will be responsible for payment of subcontractors. Consultant will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Consultant's work unless specifically noted to the contrary in the subcontract and approved in writing by City.

8. Other Consultants. The City reserves the right to employ other consultants in connection with the Services.

9. Indemnification. Consultant will hold harmless, defend and indemnify City, its officers, agents, volunteers and employees from and against any and all third-party claims, demands, costs or liability including attorney fees arising out of or in any way connected with the performance of this Agreement, caused in whole or in part by any negligent act, error or omission, or willful misconduct of the Consultant, any of its subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except to the extent caused by the active negligence, sole negligence, or willful misconduct of City.

10. Insurance. Consultant will obtain and maintain, at its cost and expense, for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Services by Consultant or Consultant’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A:VII."

10.1 Coverages and Limits. Consultant will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager, in consultation with the City Attorney approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Consultant's indemnification obligations under this Agreement. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. The coverage will contain no special limitations on the scope of its protection to the above-designated insureds except for Workers Compensation and errors and omissions insurance. Consultant will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage, as Consultant deems adequate, at Consultant's sole expense.

10.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit.

10.1.2 Automobile Liability. $1,000,000 combined single-limit per accident for bodily injury and property damage.

4 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Consultant has no employees and provides, to City's satisfaction, a declaration stating this.

10.1.4 Professional Liability. Errors and omissions liability appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim.

10.1.5 Cyber Liability. Cyber liability insurance with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this Agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

10.1.6 Technology Professional Liability Errors and Omissions Insurance. Errors and omissions liability appropriate to the Consultant’s profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Consultant in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

10.1.6.1 The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City in the care, custody, or control of the Consultant.

10.2 Endorsements. For Commercial General Liability Insurance, Consultant will ensure that the policies are endorsed to name the City, its officers, agents, volunteers and employees as additional insureds. Prior to City's execution of this Agreement, Consultant will furnish, to the satisfaction of the City, certificates of insurance and endorsements.

10.3 Cancellation. Insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent pursuant to the notice provisions of this Agreement.

10.4 Failure to Maintain Coverage. If Consultant fails to maintain any of these insurance coverages, then City will have the option to declare Consultant in breach of this Agreement, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Consultant is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Consultant or deduct the amount paid from any sums due Consultant under this Agreement.

10.5 Submission of Insurance Policies. City reserves the right to require, at any time, certificate of insurance evidencing all required insurance policies and endorsements under this Section 10.

10.6 Primary Coverage. For any claims related to the Services and this Agreement, the Consultant’s insurance coverage will be primary insurance with respect to City, its officers, agents, volunteers and employees. Any insurance or self-insurance maintained by City for itself, its officers, agents, volunteers and employees, will be in excess of Consultant’s insurance and not contributory with it.

5 10.7 Reduction in Coverage/Material Changes. Consultant will notify City in writing pursuant to the notice provisions of this Agreement thirty (30) days prior to any reduction in any of the insurance coverage required pursuant to this Agreement or any material changes to the respective insurance policies.

10.8 Waiver of Subrogation. The policies shall contain a waiver of subrogation for the benefit of City.

11. Business License. If required, Consultant will obtain and maintain a City of Brentwood Business License for the term of the Agreement, as it may be amended from time-to-time.

12. Maintenance of Records. Consultant will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Consultant will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Consultant will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

13. Ownership of Documents.

13.1 All product solely and exclusively created by Consultant or its agents, employees, and subcontractors pursuant to this Agreement (the “Work Product”) is the property of City. In the event this Agreement is terminated, all Work Product produced by Consultant or its agents, employees and subcontractors pursuant to this Agreement will be delivered to City pursuant to the termination clause of this Agreement. Consultant will have the right to make one (1) copy of the Work Product for Consultant’s records.

13.2 The Work Product may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable, without further employment of or payment of any compensation to Consultant; provided, however, that if this Agreement is terminated for any reason prior to completion of the Project and if under such circumstances City uses, or engages the services of and directs another consultant to use, the Work Product, City agrees to hold Consultant harmless from any and all liability, costs, and expenses relative to claims arising out of matters and/or events which occur subsequent to the termination of this Agreement as a result of causes other than the fault or negligence of Consultant, or anyone for whose acts it is responsible, in preparation of the Work Product. Consultant will not be responsible for deficiencies solely attributable to modifications of the Work Product performed by others, or that arise from use of the Documents in connection with a project or site other than that shown in the Work Product.

14. RESERVED.

15. Confidentiality. All documents, reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of the Services pursuant to the Agreement are confidential until released by the City to the public, and the Consultant will not make any of these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before any such release.

16. Notices. Any notices relating to this Agreement shall be given in writing and shall be deemed sufficiently given and served for all purposes when delivered personally, by facsimile or by generally recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows:

For City:

City of Brentwood
150 City Park Way
For Consultant:

Axon Enterprises, Inc.

Robert E. Driscoll, VP, Associate General Counsel

6 Brentwood, CA 94513
Phone No. (925) 809-7770
Email: [email protected]
Attn: Sheila Ogden
17800 N 85th St,
Scottsdale, AZ 85255
Phone No.: 800-978-237
Facsimile No.: 480-991-0791
Attn: [email protected]
Either Party may change its address for purposes of this section by giving the other Party written notice of the new address in the manner set forth above.

17. Conflicts of Interest.

17.1 City will evaluate Consultant’s duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of Consultant or any of Consultant’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Consultant or Consultant’s affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700.

17.2 Consultant understands that its professional responsibility is solely to City. Consultant warrants that it presently has no interest, present or contemplated, and will not acquire any direct or indirect interest, that would conflict with its performance of this Agreement. Consultant further warrants that neither Consultant, nor Consultant’s agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Consultant will file with the City an affidavit disclosing this interest. Consultant will not knowingly, and will take reasonable steps to ensure that it does not, employ a person having such an interest in the performance of this Agreement. If after employment of a person, Consultant discovers that it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant will promptly disclose the relationship to the City and take such action as the City may direct to remedy the conflict.

18. General Compliance with Laws. Consultant will keep fully informed of federal, state and local laws and ordinances and regulations (“Laws”) which in any manner affect those employed by Consultant, or in any way affect the performance of the Services by Consultant. Consultant will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of the Services with all applicable laws, ordinances and regulations.

19. Pandemic Health Laws. Consultant’s duty to comply with Laws includes compliance by Consultant with all local, state, or federal Laws that have been or may be enacted in response to the COVID-19 pandemic (collectively, “Health Laws”), which include all of the County of Contra Costa Health Orders. Failure to fully comply with the Health Laws constitutes a material default, subject to all available remedies including suspension or termination.

20. Discrimination and Harassment Prohibited. Consultant will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment.

21. Termination. In the event of the Consultant's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Consultant in writing pursuant to the notice provisions of this Agreement. Consultant shall be allowed thirty (30) days to cure any nonperformance of the Agreement. Consultant has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Consultant has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. In the event City elects to terminate, City will have the right to immediate possession of all Work Product and work in progress prepared by Consultant, whether located at the project site, at Consultant's place of business, or at the offices of a subconsultant.

7 Either Party, upon tendering thirty (30) calendar days written notice to the other Party, may terminate this Agreement for convenience. In this event and upon request of City, Consultant will assemble the work product without charge and put it in order for proper filing and closing and deliver it to City. Consultant will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made.

Upon termination of this Agreement, City’s rights immediately terminate. The city remains responsible for all fees incurred before the effective date of termination. If City purchases Axon Devices as defined in Exhibit “A” for less than the manufacturer’s suggested retail price ("MSRP") and this Agreement terminates before the end of the Term, Consultant will invoice City the difference between the MSRP for Axon Devices received, including any Spare Axon Devices, and amounts paid towards those Axon Devices. Only if terminating for non-appropriation, City may return Axon Devices to Consultant within thirty (30) days of termination. MSRP is the standalone price of the individual Axon Device at the time of sale. For bundled Axon Devices, MSRP is the standalone price of all individual components.

22. Covenants Against Contingent Fees. Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to terminate this Agreement for nonperformance, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.

23. Claims And Lawsuits. By signing this Agreement, Consultant agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Consultant acknowledges that if a false claim is submitted to City by Consultant, it may be considered fraud and Consultant may be subject to criminal prosecution. Consultant acknowledges that California Government Code sections 12650 et seq., the False Claims Act, applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Consultant acknowledges that the filing of a false claim may subject Consultant to an administrative debarment proceeding as the result of which Consultant may be prevented to act as a Consultant on any public work or improvement for a period of up to five (5) years. Consultant acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement.

24. Jurisdiction, Venue and Governing Law. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of Contra Costa, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. This agreement will be governed by the laws of the State of California.

25. Testimony. Consultant will testify at City's request if litigation is brought against City in connection with Consultant's services under this agreement. Unless the action is brought by Consultant, or is based upon Consultant's actual or alleged negligence or other wrongdoing, City, upon prior written agreement with Consultant will compensate Consultant for time spent in preparation for testimony, testimony, and travel at Consultant's standard hourly rates at the time of actual testimony.

26. Successors and Assigns. It is mutually understood and agreed that this Agreement will be binding upon the Parties and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Consultant without the prior written consent of City, which will not be unreasonably withheld. With prior notice to the City, Consultant may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of

8 financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets.

27. Section Headings. Section headings as used in this Agreement are for convenience only and will not be deemed to be a part of such sections and will not be construed to change the meaning of the section.

28. Waivers. The waiver by either Party of any breach or violation of any term, covenant, or condition of this Agreement or of any applicable law will not be deemed to be a waiver of such term, covenant, condition or law or of any subsequent breach or violation of same or of any other term, covenant, condition or law. The acceptance by either Party of any fee or other payment which may become due under this Agreement will not be deemed to be a waiver of any preceding breach or violation by the other Party of any term, covenant, or condition of this Agreement or any applicable law.

29. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it embody the entire Agreement and understanding between the parties relating to the subject matter of it. The City Manager is authorized, in consultation with the City Attorney, to agree to nonmaterial amendments to this Agreement. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties.

30. Authority. The individuals executing this Agreement and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Agreement. [Signatures on the following page.]

9 31. Severability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.

32. Signatures.

32.1 Counterparts. This Agreement may be executed in two or more counterparts, each of which together will be deemed an original, but all of which together will constitute the same instrument.

32.2 Digital/Electronic Signatures. Using a City-approved method, this Agreement may be executed through the use of digital or electronic signatures in accordance with Government Code Section

16.5. The presence of an electronic signature on this Agreement will be construed as the Parties’ consent to do business electronically.

33. Additional Terms and Conditions. Consultant’s General Sales Terms and Conditions is hereby included as Exhibit “A.” In the event of a conflict between the terms and conditions of this Agreement and Consultant’s General Sales Terms and Conditions included in Exhibit A, the terms and conditions of this Agreement shall govern.

34. The 2019 Agreement between the Parties is hereby terminated effective December 12, 2023.

CONSULTANT:
* By:

Robert E. Driscoll, Jr.,
VP/Associate General Counsel
** By:

Isaiah Fields, Chief Legal Officer (Secretary)
CITY:

By:

Tim Y. Ogden, City Manager
ATTEST:

By:

Margaret Wimberly, City Clerk
APPROVED AS TO FORM:

By:

Damien Brower, City Attorney
If required by City, proper notarial acknowledgment of execution by Consultant must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. **Group B.

Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.

10 EXHIBIT “A”
Axon General Sales Terms and Conditions

1. Definitions.

1.1. "Axon Cloud Services" means Axon’s web services for Axon Evidence, Axon Records, Axon Dispatch, and interactions between Axon Evidence and Axon Devices or Axon client software. Axon Cloud Service excludes third-party applications, hardware warranties, and my.evidence.com.

1.2. "Axon Device" means all hardware provided by Axon under this Agreement. Axon-manufactured Devices are a subset of Axon Devices.

1.3. "Quote" means an offer to sell and is only valid for devices and services on the offer at the specified prices. Any inconsistent or supplemental terms within Agency’s purchase order in response to a Quote will be void. Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote. Shipping dates are estimates only. Axon is not responsible for typographical errors in any Quote by Axon, and Axon reserves the right to cancel any orders resulting from such errors.

1.4. "Services" means all services provided by Axon under this Agreement, including software, Axon Cloud Services, and professional services.

2. Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments are EXW (Incoterms 2020) via common carrier. Title and risk of loss pass to Agency upon Axon’s delivery to the common carrier. Agency is responsible for any shipping charges in the Quote.

3. Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law.

4. Warranty.

4.1. Limited Warranty. Axon warrants that Axon-manufactured Devices are free from defects in workmanship and materials for one (1) year from the date of Agency’s receipt, except Signal Sidearm and Axon-manufactured accessories, which Axon warrants for thirty (30) months and ninety (90) days, respectively, from the date of Agency’s receipt. Used conducted energy weapon ("CEW") cartridges are deemed to have operated properly. Extended warranties run from the expiration of the one- (1-) year hardware warranty through the extended warranty term.

4.2. Disclaimer. All software and Axon Cloud Services are provided "AS IS," without any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Axon Devices and Services that are not manufactured, published or performed by Axon ("Third-Party Products") are not covered by Axon’s warranty and are only subject to the warranties of the third-party provider or manufacturer.

4.3. Claims. If Axon receives a valid warranty claim for an Axon-manufactured Device during the warranty term, Axon’s sole responsibility is to repair or replace the Axon-manufactured Device with the same or like Axon-manufactured Device, at Axon’s option. A replacement Axon-manufactured Device will be new or like new. Axon will warrant the replacement Axon-manufactured Device for the longer of (a) the remaining warranty of the original Axon-manufactured Device or (b) ninety (90) days from the date of repair or replacement.

4.3.1. If Agency exchanges an Axon Device or part, the replacement item becomes Agency’s property, and the replaced item becomes Axon’s property. Before delivering an Axonmanufactured Device for service, Agency must upload Axon-manufactured Device data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the Axonmanufactured Device sent to Axon for service.

4.4. Spare Axon Devices. At Axon's reasonable discretion, Axon may provide Agency a predetermined number of spare Axon Devices as detailed in the Quote ("Spare Axon Devices"). Spare Axon Devices are intended to replace broken or non-functioning units while Agency submits the broken or nonfunctioning units, through Axon’s warranty return process. Axon will repair or replace the unit with a

11 replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Agency in accordance with shipping terms under Section 2. Axon assumes no liability or obligation in the event Agency does not utilize Spare Axon Devices for the intended purpose.

4.5. Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other than Axon without Axon’s written permission; or (f) Axon Devices with a defaced or removed serial number. Axon’s warranty will be void if Agency resells Axon Devices.

4.5.1.To the extent permitted by law, the above warranties and remedies are exclusive. Axon disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty described above and by the provisions in this Agreement. Agency confirms and agrees that, in deciding whether to sign this Agreement, it has not relied on any statement or representation by Axon or anyone acting on behalf of Axon related to the subject matter of this Agreement that is not in this Agreement.

4.5.2. Axon’s cumulative liability to any party for any loss or damage resulting from any claim, demand, or action arising out of or relating to any Axon Device or Service will not exceed the purchase price paid to Axon for the Axon Device, or if for Services, the amount paid for such Services over the twelve (12) months preceding the claim. Neither Party will be liable for direct, special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory.

5. Online Support Platforms. Use of Axon's online support platforms (e.g., Axon Academy and MyAxon) is governed by the Axon Online Support Platforms Terms of Use Appendix available at www.axon.com/sales-terms-and-conditions.

6. Third-Party Software and Services. Use of software or services other than those provided by Axon is governed by the terms, if any, entered into between Agency and the respective third-party provider, including, without limitation, the terms applicable to such software or services located at www.axon.com/sales-terms-and-conditions, if any.

7. Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings.

8. Design Changes. Axon may make design changes to any Axon Device or Service without notifying Agency or making the same change to Axon Devices and Services previously purchased by Agency.

9. Bundled Offerings. Some offerings in bundled offerings may not be generally available at the time of Agency’s purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to a delay of availability or Agency’s election not to utilize any portion of an Axon bundle. As of the Effective Date of this Agreement, all offerings of an Axon Bundle purchased on the initial Quote by Agency are generally available.

10. IP Rights. Axon owns and reserves all right, title, and interest in Axon-manufactured Devices and Services and suggestions to Axon, including all related intellectual property rights. Agency will not cause any Axon proprietary rights to be violated.

11. Agency Responsibilities. Agency is responsible for (a) Agency’s use of Axon Devices; (b) breach of this Agreement or violation of applicable law by Agency or an Agency end user; (c) disputes between Agency and a third-party over Agency’s use of Axon Devices; (d) ensuring Axon Devices are destroyed and disposed of securely and sustainably at Agency’s cost; and (e) any regulatory violations or fines, as a result of improper destruction or disposal of Axon Devices.

12. General.

12.1. Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party’s reasonable control.

12.2. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.

12 12.3. Export Compliance. Each Party will comply with all import and export control laws and regulations.

12.4. Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, Insurance, IP Rights, and Agency Responsibilities.

Axon Cloud Services Terms of Use Appendix

1. Definitions.
a. "Agency Content" is data uploaded into, ingested by, or created in Axon Cloud Services within Agency’s tenant, including media or multimedia uploaded into Axon Cloud Services by Agency.

Agency Content includes Evidence but excludes Non-Content Data. b. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency.

Evidence is a subset of Agency Content.
c. "Non-Content Data" is data, configuration, and usage information about Agency’s Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include Agency Content.
d. "Personal Data" means any information relating to an identified or identifiable natural person.

An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

2. Access. Upon Axon granting Agency a subscription to Axon Cloud Services, Agency may access and use Axon Cloud Services to store and manage Agency Content. Agency may not exceed more end users than the Quote specifies. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence Lite, Agency may access and use Axon Evidence only to store and manage TASER CEW and TASER CAM data ("TASER Data"). Agency may not upload non-TASER Data to Axon Evidence Lite.

3. Agency Owns Agency Content. Agency controls and owns all right, title, and interest in Agency Content.

Except as outlined herein, Axon obtains no interest in Agency Content, and Agency Content is not Axon’s business records. Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content. Axon will only have access to Agency Content for the limited purposes set forth herein. Agency agrees to allow Axon access to Agency Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products.

4. Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and Agency Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum.

5. Agency Responsibilities. Agency is responsible for (a) ensuring Agency owns Agency Content; (b) ensuring no Agency Content or Agency end user’s use of Agency Content or Axon Cloud Services violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of Axon Cloud Services. If Agency becomes aware of any violation of this Agreement by an end user, Agency will immediately terminate that end user’s access to Axon Cloud Services. e. Agency will also maintain the security of end usernames and passwords and security and access by end users to Agency Content. Agency is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable Agency regulation and standards.

Agency may not sell, transfer, or sublicense access to any other entity or person. Agency shall contact Axon immediately if an unauthorized party may be using Agency’s account or Agency Content, or if account information is lost or stolen.

13 f. To the extent Agency uses the Axon Cloud Services to interact with YouTube®, such use may be governed by the YouTube Terms of Service, available at https://www.youtube.com/static?template=terms.

6. Privacy. Agency’s use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current version of which is available at https://www.axon.com/legal/cloud-services-privacy-policy. Agency agrees to allow Axon access to Non-Content Data from Agency to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and (c) enforce this Agreement or policies governing the use of Axon products.

7. Axon Body 3 Wi-Fi Positioning. Axon Body 3 cameras offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance, within buildings or underground. Agency administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If Agency chooses to use this service, Axon must also enable the usage of the feature for Agency’s Axon Cloud Services tenant. Agency will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Agency’s Axon Cloud Services tenant. When Wi-Fi Positioning is enabled by both Axon and Agency, Non-Content and Personal Data will be sent to Skyhook Holdings, Inc. ("Skyhook") to facilitate the Wi-Fi Positioning functionality. Data controlled by Skyhook is outside the scope of the Axon Cloud Services Privacy Policy and is subject to the Skyhook Services Privacy Policy.

8. Storage. For Axon Unlimited Device Storage subscriptions, Agency may store unlimited data in Agency's Axon Evidence account only if data originates from Axon Capture or the applicable Axon Device.

Axon may charge Agency additional fees for exceeding purchased storage amounts. Axon may place Agency Content that Agency has not viewed or accessed for six (6) months into archival storage. Agency Content in archival storage will not have immediate availability and may take up to twenty-four (24) hours to access.

For Third-Party Unlimited Storage the following restrictions apply: (i) it may only be used in conjunction with a valid Axon’s Evidence.com user license; (ii) is limited to data of the law enforcement agency that purchased the Third-Party Unlimited Storage and the Axon’s Evidence.com end user or Agency is prohibited from storing data for other law enforcement agencies; and (iii) Agency may only upload and store data that is directly related to: (1) the investigation of, or the prosecution of a crime; (2) common law enforcement activities; or (3) any Agency Content created by Axon Devices or Evidence.com.

9. Location of Storage. Axon may transfer Agency Content to third-party subcontractors for storage. Axon will determine the locations of data centers for storage of Agency Content. For United States agencies, Axon will ensure all Agency Content stored in Axon Cloud Services remains within the United States. Ownership of Agency Content remains with Agency.

10. Suspension. Axon may temporarily suspend Agency’s or any end user’s right to access or use any portion or all of Axon Cloud Services immediately upon notice, if Agency or end user’s use of or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third-party; (b) adversely impact Axon Cloud Services, the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third-party to liability; or (d) be fraudulent. Agency remains responsible for all fees incurred through suspension. Axon will not delete Agency Content because of suspension, except as specified in this Agreement.

11. Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before Agency uploads data to Axon Cloud Services.

12. Axon Records. Axon Records is the software-as-a-service product that is generally available at the time Agency purchases an OSP 7 or OSP 10 bundle. During Agency’s Axon Records Subscription Term, if any, Agency will be entitled to receive Axon’s Update and Upgrade releases on an if-and-when available basis. g. The Axon Records Subscription Term will end upon the completion of the Axon Records Subscription as documented in the Quote, or if purchased as part of an OSP 7 or OSP 10 bundle, upon completion of the OSP 7 or OSP 10 Term ("Axon Records Subscription") h. An "Update" is a generally available release of Axon Records that Axon makes available from time to time. An "Upgrade" includes (i) new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that

14 provide additional features or perform additional functions. Upgrades exclude new products that Axon introduces and markets as distinct products or applications. i. New or additional Axon products and applications, as well as any Axon professional services needed to configure Axon Records, are not included. If Agency purchases Axon Records as part of a bundled offering, the Axon Record subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Records to Agency. j. Users of Axon Records at the Agency may upload files to entities (incidents, reports, cases, etc) in Axon Records with no limit to the number of files and amount of storage. Notwithstanding the foregoing, Axon may limit usage should the Agency exceed an average rate of one-hundred (100) GB per user per year of uploaded files. Axon will not bill for overages.

13. Axon Cloud Services Restrictions. Agency and Agency end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to:
k. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services; l. reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same; m. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;
n. use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement;
o. access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services;
p. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Cloud Services; or q. use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; material in violation of third-party privacy rights; or malicious code.

14. After Termination. Axon will not delete Agency Content for ninety (90) days following termination. There will be no functionality of Axon Cloud Services during these ninety (90) days other than the ability to retrieve Agency Content. Agency will not incur additional fees if Agency downloads Agency Content from Axon Cloud Services during this time. Axon has no obligation to maintain or provide Agency Content after these ninety (90) days and will thereafter, unless legally prohibited, delete all Agency Content. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Agency Content from Axon Cloud Services.

15. Post-Termination Assistance. Axon will provide Agency with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Content, including requests for Axon’s data egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system.

16. U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Cloud Services on behalf of a U.S. Federal department, Axon Cloud Services is provided as a "commercial item," "commercial computer software," "commercial computer software documentation," and "technical data", as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, Agency will immediately discontinue use of Axon Cloud Services.

17. Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive:

Agency Owns Agency Content, Privacy, Storage, Axon Cloud Services Warranty, and Axon Cloud Services Restrictions.

15 Axon Customer Experience Improvement Program Appendix

1. Axon Customer Experience Improvement Program (ACEIP). The ACEIP is designed to accelerate Axon’s development of technology, such as building and supporting automated features, to ultimately increase safety within communities and drive efficiency in public safety. To this end, subject to the limitations on Axon as described below, Axon, where allowed by law, may make limited use of Agency Content from all of its customers to provide, develop, improve, and support current and future Axon products (collectively, "ACEIP Purposes"). However, at all times, Axon will comply with its obligations pursuant to the Axon Cloud Services Terms of Use Appendix to maintain a comprehensive data security program (including compliance with the CJIS Security Policy for Criminal Justice Information), privacy program, and data governance policy, including high industry standards of de-identifying Personal Data, to enforce its security and privacy obligations for the ACEIP. ACEIP has 2 tiers of participation, Tier 1 and Tier 2. By default, Agency will be a participant in ACEIP Tier 1. If Agency does not want to participate in ACEIP Tier 1, Agency can revoke its consent at any time. If Agency wants to participate in Tier 2, as detailed below, Agency can check the ACEIP Tier 2 box below. If Agency does not want to participate in ACEIP Tier 2, Agency should leave box unchecked. At any time, Agency may revoke its consent to ACEIP Tier 1, Tier 2, or both Tiers.

2. ACEIP Tier 1.

2.1. When Axon uses Agency Content for the ACEIP Purposes, Axon will extract from Agency Content and may store separately copies of certain segments or elements of the Agency Content (collectively, "ACEIP Content"). When extracting ACEIP Content, Axon will use commercially reasonable efforts to aggregate, transform or de-identify Agency Content so that the extracted ACEIP Content is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual ("Privacy Preserving Technique(s)"). For illustrative purposes, some examples are described in footnote 11. For clarity, ACEIP Content will still be linked indirectly, with an attribution, to the Agency from which it was extracted. This attribution will be stored separately from the data itself, but is necessary for and will be solely used to enable Axon to identify and delete all ACEIP Content upon Agency request. Once de-identified, ACEIP Content may then be further modified, analyzed, and used to create derivative works. At any time, Agency may revoke the consent granted herein to Axon to access and use Agency Content for ACEIP Purposes. Within 30 days of receiving the Agency’s request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete any and all ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Agency. In addition, if Axon uses Agency Content for the ACEIP Purposes, upon request, Axon will make available to Agency a list of the specific type of Agency Content being used to generate ACEIP Content, the purpose of such use, and the retention, privacy preserving extraction technique, and relevant data protection practices applicable to the Agency Content or ACEIP Content ("Use Case"). From time to time, Axon may develop and deploy new Use Cases. At least 30 days prior to authorizing the deployment of any new Use Case, Axon will provide Agency notice (by updating the list of Use Case at https://www.axon.com/aceip and providing Agency with a mechanism to obtain notice of that update or another commercially reasonable method to Agency designated contact) ("New Use Case").

2.2. Expiration of ACEIP Tier 1. Agency consent granted herein will expire upon termination of the Agreement. In accordance with section 1.1.1, within 30 days of receiving the Agency’s request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to, Agency.

3. ACEIP Tier 2. In addition to ACEIP Tier 1, if Agency wants to help further improve Axon’s services, Agency may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2 grants Axon certain additional rights to use

1 For example; (a) when extracting specific text to improve automated transcription capabilities, text that could be used to directly identify a particular individual would not be extracted, and extracted text would be disassociated from identifying metadata of any speakers, and the extracted text would be split into individual words and aggregated with other data sources (including publicly available data) to remove any reasonable ability to link any specific text directly or indirectly back to a particular individual; (b) when extracting license plate data to improve Automated License Plate Recognition (ALPR) capabilities, individual license plate characters would be extracted and disassociated from each other so a complete plate could not be reconstituted, and all association to other elements of the source video, such as the vehicle, location, time, and the surrounding environment would also be removed; (c) when extracting audio of potential acoustic events (such as glass breaking or gun shots), very short segments (<1 second) of audio that only contains the likely acoustic events would be extracted and all human utterances would be removed.

16 Agency Content, in addition to those set forth in Tier 1 above, without the guaranteed deployment of a Privacy Preserving Technique to enable product development, improvement, and support that cannot be accomplished with aggregated, transformed, or de-identified data. ☐ Check this box if Agency wants to help further improve Axon’s services by participating in ACEIP Tier 2 in addition to Tier 1. Axon will not enroll Agency into ACEIP Tier 2 until Axon and Agency agree to terms in writing providing for such participation in ACEIP Tier 2.

17 Professional Services Appendix
If any of the Professional Services specified below are included on the Quote, this Appendix applies.

1. Utilization of Services. Agency must use professional services as outlined in the Quote and this Appendix within six (6) months of the Effective Date.

2. Axon Full Service (Axon Full Service). Axon Full Service includes advance remote project planning and configuration support and up to four (4) consecutive days of on-site service and a professional services manager to work with Agency to assess Agency’s deployment and determine which on-site services are appropriate. If Agency requires more than four (4) consecutive on-site days, Agency must purchase additional days. Axon Full Service options include:

System set up and configuration
 Instructor-led setup of Axon View on smartphones (if applicable)  Configure categories and custom roles based on Agency need  Register cameras to Agency domain
 Troubleshoot IT issues with Axon Evidence and Axon Dock ("Dock") access  One on-site session included
Dock configuration
 Work with Agency to decide the ideal location of Docks and set configurations on Dock  Authenticate Dock with Axon Evidence using admin credentials from Agency  On-site assistance, not to include physical mounting of docks Best practice implementation planning session
 Provide considerations for the establishment of video policy and system operations best practices based on Axon’s observations with other agencies
 Discuss the importance of entering metadata in the field for organization purposes and other best practices for digital data management
 Provide referrals of other agencies using the Axon camera devices and Axon Evidence  Recommend rollout plan based on review of shift schedules System Admin and troubleshooting training sessions
Step-by-step explanation and assistance for Agency’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon instructor training (Train the Trainer)
Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence training needs after Axon has fulfilled its contractual on-site obligations Evidence sharing training
Tailored workflow instruction for Investigative Units on sharing Cases and Evidence with local prosecuting agencies
End user go-live training and support sessions
 Assistance with device set up and configuration
 Training on device use, Axon Evidence, and Evidence Sync Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide
Post go-live review

3. Body-Worn Camera Starter Service (Axon Starter). Axon Starter includes advance remote project planning and configuration support and one (1) day of on-site Services and a professional services manager to work closely with Agency to assess Agency’s deployment and determine which Services are appropriate.

If Agency requires more than one (1) day of on-site Services, Agency must purchase additional on-site Services. The Axon Starter options include:

System set up and configuration (Remote Support)
 Instructor-led setup of Axon View on smartphones (if applicable)  Configure categories & custom roles based on Agency need

18  Troubleshoot IT issues with Axon Evidence and Dock access Dock configuration
 Work with Agency to decide the ideal location of Dock setup and set configurations on Dock  Authenticate Dock with Axon Evidence using "Administrator" credentials from Agency  Does not include physical mounting of docks
Axon instructor training (Train the Trainer)
Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations End user go-live training and support sessions
 Assistance with device set up and configuration
 Training on device use, Axon Evidence, and Evidence Sync Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide

4. Body-Worn Camera Virtual 1-Day Service (Axon Virtual). Axon Virtual includes all items in the BWC Starter Service Package, except one (1) day of on-site services.

5. CEW Services Packages. CEW Services Packages are detailed below:

System set up and configuration
 Configure Axon Evidence categories & custom roles based on Agency need.  Troubleshoot IT issues with Axon Evidence.
 Register users and assign roles in Axon Evidence.
 For the CEW Full Service Package: On-site assistance included  For the CEW Starter Package: Virtual assistance included Dedicated Project Manager
Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager).

Ideally, Project Manager will be assigned to Agency 4–6 weeks before rollout Best practice implementation planning session to include:
 Provide considerations for the establishment of CEW policy and system operations best practices based on Axon’s observations with other agencies
 Discuss the importance of entering metadata and best practices for digital data management  Provide referrals to other agencies using TASER CEWs and Axon Evidence  For the CEW Full Service Package: On-site assistance included  For the CEW Starter Package: Virtual assistance included System Admin and troubleshooting training sessions
On-site sessions providing a step-by-step explanation and assistance for Agency’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon Evidence Instructor training
 Provide training on the Axon Evidence to educate instructors who can support Agency’s subsequent Axon Evidence training needs.
 For the CEW Full Service Package: Training for up to 3 individuals at Agency  For the CEW Starter Package: Training for up to 1 individual at Agency TASER CEW inspection and device assignment
Axon’s on-site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence.

Post go-live review
For the CEW Full Service Package: On-site assistance included.

For the CEW Starter Package: Virtual assistance included.

6. Smart Weapon Transition Service. The Smart Weapon Transition Service includes:

Archival of CEW Firing Logs
Axon’s on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW Smart Weapons that Agency is replacing with newer Smart Weapon models.

19 Return of Old Weapons
Axon’s on-site professional service team will ship all old weapons back to Axon’s headquarters.

Axon will provide Agency with a Certificate of Destruction *Note: CEW Full Service packages for TASER 7 or TASER 10 include Smart Weapon Transition Service instead of 1-Day Device Specific Instructor Course.

7. VR Services Package. VR Service includes advance remote project planning and configuration support and one (1) day of on-site service and a professional services manager to work with Agency to assess Agency's deployment and determine which Services are appropriate. The VR Service training options include:

System set up and configuration (Remote Support)
• Instructor-led setup of Axon VR headset content
• Configure agency settings based on Agency need
• Troubleshoot IT issues with Axon VR headset
Axon instructor training (Train the Trainer)
Training for up to five (5) Agency's in-house instructors who can support Agency's Axon VR CET and SIM training needs after Axon’s has fulfilled its contracted on-site obligations Classroom and practical training sessions
Step-by-step explanation and assistance for Agency's configuration of Axon VR CET and SIM functionality, basic operation, and best practices

8. Axon Air, On-Site Training. Axon Air, On-Site training includes advance remote project planning and configuration support and one (1) day of on-site Services and a professional services manager to work closely with Agency to assess Agency's deployment and determine which Services are appropriate. If Agency's requires more than one (1) day of on-site Services, Agency must purchase additional on-site Services. The Axon Air, On-Site training options include:

System set up and configuration (Remote Support)
• Instructor-led setup of Axon Air App (ASDS)
• Configure agency settings based on Agency need
• Configure drone controller
• Troubleshoot IT issues with Axon Evidence
Axon instructor training (Train the Trainer)
Training for Agency's in-house instructors who can support Agency's Axon Air and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations Classroom and practical training sessions
Step-by-step explanation and assistance for Agency's configuration of Axon Respond+ livestreaming functionality, basic operation, and best practices

9. Axon Air, Virtual Training. Axon Air, Virtual training includes all items in the Axon Air, On-Site Training Package, except the practical training session, with the Axon Instructor training for up to four hours virtually.

10. Signal Sidearm Installation Service.
a. Purchases of 50 SSA units or more: Axon will provide one (1) day of on-site service and one professional services manager and will provide train the trainer instruction, with direct assistance on the first of each unique holster/mounting type. Agency is responsible for providing a suitable work/training area.
b. Purchases of less than 50 SSA units: Axon will provide a 1-hour virtual instruction session on the basics of installation and device calibration.

11. Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote and this Appendix. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule.

12. Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays. Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Agency travel

20 time by Axon personnel to Agency premises as work hours.

13. Access Computer Systems to Perform Services. Agency authorizes Axon to access relevant Agency computers and networks, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to Agency.

Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency.

14. Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Axon Devices ("User Documentation"). User Documentation will include all required environmental specifications for the professional services and Axon Devices to operate per the Axon Device User Documentation. Before installation of Axon Devices (whether performed by Agency or Axon), Agency must prepare the location(s) where Axon Devices are to be installed ("Installation Site") per the environmental specifications in the Axon Device User Documentation. Following installation, Agency must maintain the Installation Site per the environmental specifications. If Axon modifies Axon Device User Documentation for any Axon Devices under this Agreement, Axon will provide the update to Agency when Axon generally releases it

15. Acceptance. When Axon completes professional services, Axon will present an acceptance form ("Acceptance Form") to Agency. Agency will sign the Acceptance Form acknowledging completion. If Agency reasonably believes Axon did not complete the professional services in substantial conformance with this Agreement, Agency must notify Axon in writing of the specific reasons for rejection within seven (7) calendar days from delivery of the Acceptance Form. Axon will address the issues and re-present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within seven (7) calendar days of delivery of the Acceptance Form, Axon will deem Agency to have accepted the professional services.

16. Agency Network. For work performed by Axon transiting or making use of Agency’s network, Agency is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of Agency’s network from any cause.

21 Technology Assurance Plan Appendix
If Technology Assurance Plan ("TAP") or a bundle including TAP is on the Quote, this appendix applies.

1. TAP Warranty. The TAP warranty is an extended warranty that starts at the end of the one- (1-) year hardware limited warranty.

2. Officer Safety Plan. If Agency purchases an Officer Safety Plan ("OSP"), Agency will receive the deliverables detailed in the Quote. Agency must accept delivery of the TASER CEW and accessories as soon as available from Axon.

3. OSP 7 or OSP 10 Term. OSP 7 or OSP 10 begins on the date specified in the Quote ("OSP Term").

4. TAP BWC Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will provide Agency a new Axon body-worn camera ("BWC Upgrade") as scheduled in the Quote. If Agency purchased TAP, Axon will provide a BWC Upgrade that is the same or like Axon Device, at Axon’s option.

Axon makes no guarantee the BWC Upgrade will utilize the same accessories or Axon Dock.

5. TAP Dock Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will provide Agency a new Axon Dock as scheduled in the Quote ("Dock Upgrade"). Accessories associated with any Dock Upgrades are subject to change at Axon discretion. Dock Upgrades will only include a new Axon Dock bay configuration unless a new Axon Dock core is required for BWC compatibility. If Agency originally purchased a single-bay Axon Dock, the Dock Upgrade will be a single-bay Axon Dock model that is the same or like Axon Device, at Axon’s option. If Agency originally purchased a multi-bay Axon Dock, the Dock Upgrade will be a multi-bay Axon Dock that is the same or like Axon Device, at Axon’s option.

6. Upgrade Delay. Axon may ship the BWC and Dock Upgrades as scheduled in the Quote without prior confirmation from Agency unless the Parties agree in writing otherwise at least ninety (90) days in advance.

Axon may ship the final BWC and Dock Upgrade as scheduled in the Quote sixty (60) days before the end of the Subscription Term without prior confirmation from Agency.

7. Upgrade Change. If Agency wants to upgrade Axon Device models from the current Axon Device to an upgraded Axon Device, Agency must pay the price difference between the MSRP for the current Axon Device and the MSRP for the upgraded Axon Device. If the model Agency desires has an MSRP less than the MSRP of the offered BWC Upgrade or Dock Upgrade, Axon will not provide a refund. The MSRP is the MSRP in effect at the time of the upgrade.

8. Return of Original Axon Device. Within thirty (30) days of receiving a BWC or Dock Upgrade, Agency must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon including serial numbers for the destroyed Axon Devices. If Agency does not return or destroy the Axon Devices, Axon will deactivate the serial numbers for the Axon Devices received by Agency.

9. Termination. If Agency’s payment for TAP, OSP, or Axon Evidence is more than thirty (30) days past due, Axon may terminate TAP or OSP. Once TAP or OSP terminates for any reason:

9.1. TAP and OSP coverage terminate as of the date of termination and no refunds will be given.

9.2. Axon will not and has no obligation to provide the Upgrade Models.

9.3. Agency must make any missed payments due to the termination before Agency may purchase any future TAP or OSP.

22 TASER 7 Appendix
This TASER 7 Appendix applies to Agency’s TASER 7, OSP 7, or OSP 7 Plus purchase from Axon, if applicable.

1. Duty Cartridge Replenishment Plan. If the Quote includes "Duty Cartridge Replenishment Plan", Agency must purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and those that only use a CEW for training. Agency may not resell cartridges received. Axon will only replace cartridges used in the line of duty.

2. Training. If the Quote includes a training voucher, Agency must use the voucher within one (1) year of issuance, or the voucher will be void. Axon will issue Agency a voucher annually beginning on the start of the TASER Subscription Term. The voucher has no cash value. Agency cannot exchange it for another device or service. Unless stated in the Quote, the voucher does not include travel expenses and will be Agency’s responsibility. If the Quote includes Axon Online Training or Virtual Reality Content Empathy Development for Autism/Schizophrenia (collectively, "Training Content"), Agency may access Training Content. Axon will deliver all Training Content electronically.

3. TASER Upgrade. If Agency purchases Axon’s 10-year certification program for Axon’s latest version of its TASER energy weapon ("Certification Program") and has no outstanding payment obligations as of the beginning of the sixth (6th) year of the Certification Program, Agency will qualify for an upgrade to any subsequent version of the Certification Program ("CEW Upgrade"). Agency will receive the CEW Upgrade at no additional cost, only to the extent such subsequent version of the Certification Program includes the same products or features as the Certification Program purchased by Agency. If Agency wants to upgrade to a Certification Program that includes additional products or features, Agency will pay the additional cost associated with such products and features. For the avoidance of doubt, Agency is not required to upgrade to any subsequent version of the Certification Program. Axon may ship the CEW Upgrade as scheduled in the Quote without prior confirmation from agency unless the Parties agree in writing otherwise at least ninety (90) days in advance. If necessary to maintain compatibility among Axon Devices, within thirty (30) days of receiving the CEW Upgrade, Agency must, if requested by Axon, return all hardware and related accessories received in connection with the Certification Program to Axon. In such event, Agency must ship batteries via ground shipping or in accordance with federal regulations in place at the time of the return. Axon will pay shipping costs for the return if Agency uses Axon’s RMA process.

4. Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period warranty will be for a five- (5-) year term, which includes the hardware manufacturer’s warranty plus the four- (4-) year extended term.

5. Trade-in. If the Quote contains a discount on CEW-related line items, including items related to OSP, then that discount may only be applied as a trade-in credit, and Agency must return used hardware and accessories associated with the discount ("Trade-In Units") to Axon. Agency must ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Agency the value of the trade-in credit. Agency may not destroy Trade-In Units and receive a trade-in credit.

Agency Size Days to Return from Start Date of TASER 7 Subscription Less than 100 officers 30 days
100 to 499 officers 90 days
500+ officers 180 days

6. TASER 7 Subscription Term. The TASER 7 Subscription Term for a standalone TASER 7 purchase begins on shipment of the TASER 7 hardware. The TASER 7 Subscription Term for OSP 7 begins on the OSP 7 start date.

7. Access Rights. Upon Axon granting Agency a TASER 7 Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER 7 CEW devices during the TASER 7 Subscription Term. Agency may not exceed the number of end users the Quote specifies.

8. Privacy. Axon will not disclose Agency Content or any information about Agency except as compelled by a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure

23 request is received for Agency Content, so Agency may file an objection with the court or administrative body.

9. Termination. If payment for TASER 7 is more than thirty (30) days past due, Axon may terminate Agency’s TASER 7 plan by notifying Agency. Upon termination for any reason, then as of the date of termination:

9.1. TASER 7 extended warranties and access to Training Content will terminate. No refunds will be given.

9.2. Axon will invoice Agency the remaining MSRP for TASER 7 products received before termination. If terminating for non-appropriations, Axon will not invoice Agency if Agency returns the CEW, rechargeable battery, holster, dock, core, training suits, and unused cartridges to Axon within thirty (30) days of the date of termination.

9.3. Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 7 plan.

24 TASER 10 Appendix
This TASER 10 Appendix applies to Agency’s TASER 10, OSP 10, OSP Plus, or OSP 10 Plus Premium purchase from Axon, if applicable.

1. Duty Cartridge Replenishment Plan. If the Quote includes "Duty Cartridge Replenishment Plan", Agency must purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and those that only use a CEW for training. Agency may not resell cartridges received. Axon will only replace cartridges used in the line of duty.

2. Training. If the Quote includes a training voucher, Agency must use the voucher within one (1) year of issuance, or the voucher will be void. Axon will issue Agency a voucher annually beginning on the start of the TASER Subscription Term. The voucher has no cash value. Agency cannot exchange it for another device or service. Unless stated in the Quote, the voucher does not include travel expenses and will be Agency’s responsibility. If the Quote includes Axon Online Training or Virtual Reality Content Empathy Development for Autism/Schizophrenia (collectively, "Training Content"), Agency may access Training Content. Axon will deliver all Training Content electronically.

3. Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period warranty will be for a five- (5-) year term, which includes the hardware manufacturer’s warranty plus the four- (4-) year extended term.

4. Trade-in. If the Quote contains a discount on CEW-related line items, including items related to OSP, then that discount may only be applied as a trade-in credit, and Agency must return used hardware and accessories associated with the discount ("Trade-In Units") to Axon. Agency must ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Agency the value of the trade-in credit. Agency may not destroy Trade-In Units and receive a trade-in credit.

Agency Size Days to Return from Start Date of TASER 10 Subscription Less than 100 officers 60 days
100 to 499 officers 90 days
500+ officers 180 days

5. TASER 10 Subscription Term. The TASER 10 Subscription Term for a standalone TASER 10 purchase begins on shipment of the TASER 10 hardware. The TASER 10 Subscription Term for OSP 10 begins on the OSP 10 start date.

6. Access Rights. Upon Axon granting Agency a TASER 10 Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER 10 CEW devices during the TASER 10 Subscription Term. Agency may not exceed the number of end users the Quote specifies.

7. Agency Warranty. If Agency is located in the US, Agency warrants and acknowledges that TASER 10 is classified as a firearm and is being acquired for official Agency use pursuant to a law enforcement agency transfer under the Gun Control Act of 1968.

8. Purchase Order. To comply with applicable laws and regulations, Agency must provide a purchase order to Axon prior to shipment of TASER 10.

25 Axon Auto-Tagging Appendix
If Auto-Tagging is included on the Quote, this Appendix applies.

1. Scope. Axon Auto-Tagging consists of the development of a module to allow Axon Evidence to interact with Agency’s Computer-Aided Dispatch ("CAD") or Records Management Systems ("RMS"). This allows end users to auto-populate Axon video meta-data with a case ID, category, and location-based on data maintained in Agency’s CAD or RMS.

2. Support. For thirty (30) days after completing Auto-Tagging Services, Axon will provide up to five (5) hours of remote support at no additional charge. Axon will provide free support due to a change in Axon Evidence, if Agency maintains an Axon Evidence and Auto-Tagging subscription. Axon will not provide support if a change is required because Agency changes its CAD or RMS.

3. Changes. Axon is only responsible to perform the Services in this Appendix. Any additional Services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule.

4. Agency Responsibilities. Axon’s performance of Auto-Tagging Services requires Agency to:

4.1. Make available relevant systems, including Agency’s current CAD or RMS, for assessment by Axon (including remote access if possible);

4.2. Make required modifications, upgrades or alterations to Agency’s hardware, facilities, systems and networks related to Axon’s performance of Auto-Tagging Services;

4.3. Provide access to the premises where Axon is performing Auto-Tagging Services, subject to Agency safety and security restrictions, and allow Axon to enter and exit the premises with laptops and materials needed to perform Auto-Tagging Services;

4.4. Provide all infrastructure and software information (TCP/IP addresses, node names, network configuration) necessary for Axon to provide Auto-Tagging Services;

4.5. Promptly install and implement any software updates provided by Axon;

4.6. Ensure that all appropriate data backups are performed;

4.7. Provide assistance, participation, and approvals in testing Auto-Tagging Services;

4.8. Provide Axon with remote access to Agency’s Axon Evidence account when required;

4.9. Notify Axon of any network or machine maintenance that may impact the performance of the module at Agency; and

4.10. Ensure reasonable availability of knowledgeable staff and personnel to provide timely, accurate, complete, and up-to-date documentation and information to Axon.

5. Access to Systems. Agency authorizes Axon to access Agency’s relevant computers, network systems, and CAD or RMS solely for performing Auto-Tagging Services. Axon will work diligently to identify the resources and information Axon expects to use and will provide an initial list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency.

26 Axon Fleet Appendix
If Axon Fleet is included on the Quote, this Appendix applies.

1. Agency Responsibilities.

1.1. Agency must ensure its infrastructure and vehicles adhere to the minimum requirements to operate Axon Fleet 2 or Axon Fleet 3 (collectively, "Axon Fleet") as established by Axon during the qualifier call and on-site assessment at Agency and in any technical qualifying questions. If Agency’s representations are inaccurate, the Quote is subject to change.

1.2. Agency is responsible for providing a suitable work area for Axon or Axon third-party providers to install Axon Fleet systems into Agency vehicles. Agency is responsible for making available all vehicles for which installation services were purchased, during the agreed upon onsite installation dates, Failure to make vehicles available may require an equitable adjustment in fees or schedule.

2. Cradlepoint. If Agency purchases Cradlepoint Enterprise Cloud Manager, Agency will comply with Cradlepoint’s end user license agreement. The term of the Cradlepoint license may differ from the Axon Evidence Subscription. If Agency requires Cradlepoint support, Agency will contact Cradlepoint directly.

3. Third-party Installer. Axon will not be liable for the failure of Axon Fleet hardware to operate per specifications if such failure results from installation not performed by, or as directed by Axon.

4. Wireless Offload Server.

4.1. License Grant. Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual license to use Wireless Offload Server ("WOS"). "Use" means storing, loading, installing, or executing WOS solely for data communication with Axon Devices for the number of licenses purchased. The WOS term begins upon the start of the Axon Evidence Subscription.

4.2. Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of WOS; (b) reverse engineer, disassemble, or decompile WOS, apply any process to derive the source code of WOS, or allow others to do so; (c) access or use WOS to avoid incurring fees or exceeding usage limits; (d) copy WOS in whole or part; (e) use trade secret information contained in WOS; (f) resell, rent, loan or sublicense WOS; (g) access WOS to build a competitive device or service or copy any features, functions or graphics of WOS; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within WOS.

4.3. Updates. If Agency purchases WOS maintenance, Axon will make updates and error corrections to WOS ("WOS Updates") available electronically via the Internet or media as determined by Axon.

Agency is responsible for establishing and maintaining adequate Internet access to receive WOS Updates and maintaining computer equipment necessary for use of WOS. The Quote will detail the maintenance term.

4.4. WOS Support. Upon request by Axon, Agency will provide Axon with access to Agency’s store and forward servers solely for troubleshooting and maintenance.

5. Axon Vehicle Software.

5.1. License Grant. Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual license to use ViewXL or Dashboard (collectively, "Axon Vehicle Software".) "Use" means storing, loading, installing, or executing Axon Vehicle Software solely for data communication with Axon Devices. The Axon Vehicle Software term begins upon the start of the Axon Evidence Subscription.

5.2. Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of Axon Vehicle Software; (b) reverse engineer, disassemble, or decompile Axon Vehicle Software, apply any process to derive the source code of Axon Vehicle Software, or allow others to do so; (c) access or use Axon Vehicle Software to avoid incurring fees or exceeding usage limits; (d) copy Axon Vehicle Software in whole or part; (e) use trade secret information contained in Axon Vehicle Software; (f) resell, rent, loan or sublicense Axon Vehicle Software; (g) access Axon Vehicle Software to build a competitive device or service or copy any features, functions or graphics of Axon Vehicle Software; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Axon Vehicle Software.

27 6. Acceptance Checklist. If Axon provides services to Agency pursuant to any statement of work in connection with Axon Fleet, within seven (7) days of the date on which Agency retrieves Agency's vehicle(s) from the Axon installer, said vehicle having been installed and configured with tested and fully and properly operational in-car hardware and software identified above, Agency will receive a Professional Services Acceptance Checklist to submit to Axon indicating acceptance or denial of said deliverables.

7. Axon Fleet Upgrade. If Agency has no outstanding payment obligations and has purchased the "Fleet Technology Assurance Plan" (Fleet TAP), Axon will provide Agency with the same or like model of Fleet hardware ("Axon Fleet Upgrade") as scheduled on the Quote.

7.1. If Agency would like to change models for the Axon Fleet Upgrade, Agency must pay the difference between the MSRP for the offered Axon Fleet Upgrade and the MSRP for the model desired. The MSRP is the MSRP in effect at the time of the upgrade. Agency is responsible for the removal of previously installed hardware and installation of the Axon Fleet Upgrade.

7.2. Within thirty (30) days of receiving the Axon Fleet Upgrade, Agency must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon, including serial numbers of the destroyed Axon Devices. If Agency does not destroy or return the Axon Devices to Axon, Axon will deactivate the serial numbers for the Axon Devices received by Agency.

8. Axon Fleet Termination. Axon may terminate Agency’s Fleet subscription for non-payment. Upon any termination:

8.1. Axon Fleet subscription coverage terminates, and no refunds will be given.

8.2. Axon will not and has no obligation to provide the Axon Fleet Upgrade.

8.3. Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future Fleet TAP.

28 Axon Respond Appendix
This Axon Respond Appendix applies to both Axon Respond and Axon Respond Plus, if either is included on the Quote.

1. Axon Respond Subscription Term. If Agency purchases Axon Respond as part of a bundled offering, the Axon Respond subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Respond to Agency. If Agency purchases Axon Respond as a standalone, the Axon Respond subscription begins the later of the (1) date Axon provisions Axon Respond to Agency, or (2) first day of the month following the Effective Date. The Axon Respond subscription term will end upon the completion of the Axon Evidence Subscription associated with Axon Respond.

2. Scope of Axon Respond. The scope of Axon Respond is to assist Agency with real-time situational awareness during critical incidents to improve officer safety, effectiveness, and awareness. In the event Agency uses Axon Respond outside this scope, Axon may initiate good-faith discussions with Agency on upgrading Agency’s Axon Respond to better meet Agency’s needs.

3. Axon Body 3 LTE Requirements. Axon Respond is only available and usable with an LTE enabled bodyworn camera. Axon is not liable if Agency utilizes the LTE device outside of the coverage area or if the LTE carrier is unavailable. LTE coverage is only available in the United States, including any U.S. territories. Axon may utilize a carrier of Axon’s choice to provide LTE service. Axon may change LTE carriers during the Term without Agency’s consent.

4. Axon Fleet 3 LTE Requirements. Axon Respond is only available and usable with a Fleet 3 system configured with LTE modem and service. Agency is responsible for providing LTE service for the modem.

Coverage and availability of LTE service is subject to Agency’s LTE carrier.

5. Axon Respond Service Limitations. Agency acknowledges that LTE service is made available only within the operating range of the networks. Service may be temporarily refused, interrupted, or limited because of:
(a) facilities limitations; (b) transmission limitations caused by atmospheric, terrain, other natural or artificial conditions adversely affecting transmission, weak batteries, system overcapacity, movement outside a service area or gaps in coverage in a service area, and other causes reasonably outside of the carrier’s control such as intentional or negligent acts of third parties that damage or impair the network or disrupt service; or (c) equipment modifications, upgrades, relocations, repairs, and other similar activities necessary for the proper or improved operation of service.

5.1. With regard to Axon Body 3, Partner networks are made available as-is and the carrier makes no warranties or representations as to the availability or quality of roaming service provided by carrier partners, and the carrier will not be liable in any capacity for any errors, outages, or failures of carrier partner networks. Agency expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and Agency is not a third-party beneficiary of any agreement between Axon and the underlying carrier.

6. Termination. Upon termination of this Agreement, or if Agency stops paying for Axon Respond or bundles that include Axon Respond, Axon will end Axon Respond services, including any Axon-provided LTE service.

29 Add-on Services Appendix
This Appendix applies if Axon Community Request, Axon Redaction Assistant, and/or Axon Performance are included on the Quote.

1. Subscription Term. If Agency purchases Axon Community Request, Axon Redaction Assistant, or Axon Performance as part of OSP 7 or OSP 10, the subscription begins on the later of the (1) start date of the OSP 7 or OSP 10 Term, or (2) date Axon provisions Axon Community Request Axon Redaction Assistant, or Axon Performance to Agency.

1.1. If Agency purchases Axon Community Request, Axon Redaction Assistant, or Axon Performance as a standalone, the subscription begins the later of the (1) date Axon provisions Axon Community Request, Axon Redaction Assistant, or Axon Performance to Agency, or (2) first day of the month following the Effective Date.

1.2. The subscription term will end upon the completion of the Axon Evidence Subscription associated with the add-on.

2. Axon Community Request Storage. For Axon Community Request, Agency may store an unlimited amount of data submitted through the public portal ("Portal Content"), within Agency’s Axon Evidence instance. The post-termination provisions outlined in the Axon Cloud Services Terms of Use Appendix also apply to Portal Content.

3. Performance Auto-Tagging Data. In order to provide some features of Axon Performance to Agency, Axon will need to store call for service data from Agency’s CAD or RMS.

30 Axon Application Programming Interface Appendix
This Appendix applies if Axon’s API Services are included on the Quote.

1. Definitions.

1.1. "API Client" means the software that acts as the interface between Agency’s computer and the server, which is already developed or to be developed by Agency.

1.2. "API Interface" means software implemented by Agency to configure Agency’s independent API Client Software to operate in conjunction with the API Service for Agency’s authorized Use.

1.3. "Axon Evidence Partner API, API or Axon API" (collectively "API Service") means Axon’s API which provides a programmatic means to access data in Agency’s Axon Evidence account or integrate Agency’s Axon Evidence account with other systems.

1.4. "Use" means any operation on Agency’s data enabled by the supported API functionality.

2. Purpose and License.

2.1. Agency may use API Service and data made available through API Service, in connection with an API Client developed by Agency. Axon may monitor Agency’s use of API Service to ensure quality, improve Axon devices and services, and verify compliance with this Agreement. Agency agrees to not interfere with such monitoring or obscure from Axon Agency’s use of API Service. Agency will not use API Service for commercial use.

2.2. Axon grants Agency a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable right and license during the Term to use API Service, solely for Agency’s Use in connection with Agency’s API Client.

2.3. Axon reserves the right to set limitations on Agency’s use of the API Service, such as a quota on operations, to ensure stability and availability of Axon’s API. Axon will use reasonable efforts to accommodate use beyond the designated limits.

3. Configuration. Agency will work independently to configure Agency’s API Client with API Service for Agency’s applicable Use. Agency will be required to provide certain information (such as identification or contact details) as part of the registration. Registration information provided to Axon must be accurate.

Agency will inform Axon promptly of any updates. Upon Agency’s registration, Axon will provide documentation outlining API Service information.

4. Agency Responsibilities. When using API Service, Agency and its end users may not:

4.1. use API Service in any way other than as expressly permitted under this Agreement;

4.2. use in any way that results in, or could result in, any security breach to Axon;

4.3. perform an action with the intent of introducing any viruses, worms, defect, Trojan horses, malware, or any items of a destructive nature to Axon Devices and Services;

4.4. interfere with, modify, disrupt or disable features or functionality of API Service or the servers or networks providing API Service;

4.5. reverse engineer, decompile, disassemble, or translate or attempt to extract the source code from API Service or any related software;

4.6. create an API Interface that functions substantially the same as API Service and offer it for use by third parties;

4.7. provide use of API Service on a service bureau, rental or managed services basis or permit other individuals or entities to create links to API Service;

4.8. frame or mirror API Service on any other server, or wireless or Internet-based device;

4.9. make available to a third-party, any token, key, password or other login credentials to API Service;

4.10. take any action or inaction resulting in illegal, unauthorized or improper purposes; or

4.11. disclose Axon’s API manual.

31 5. API Content. All content related to API Service, other than Agency Content or Agency’s API Client content, is considered Axon’s API Content, including:

5.1. the design, structure and naming of API Service fields in all responses and requests;

5.2. the resources available within API Service for which Agency takes actions on, such as evidence, cases, users, or reports;

5.3. the structure of and relationship of API Service resources; and

5.4. the design of API Service, in any part or as a whole.

6. Prohibitions on API Content. Neither Agency nor its end users will use API content returned from the API Interface to:

6.1. scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;

6.2. copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third-party;

6.3. misrepresent the source or ownership; or

6.4. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices).

7. API Updates. Axon may update or modify the API Service from time to time ("API Update"). Agency is required to implement and use the most current version of API Service and to make any applicable changes to Agency’s API Client required as a result of such API Update. API Updates may adversely affect how Agency’s API Client access or communicate with API Service or the API Interface. Each API Client must contain means for Agency to update API Client to the most current version of API Service. Axon will provide support for one (1) year following the release of an API Update for all depreciated API Service versions.

32 EXHIBIT B

SCOPE OF SERVICES
Consultant will perform the Services, and provide the goods, at the rates indicated in Quote Q-502352- 45231.904KP attached.

CITY COUNCIL AGENDA ITEM NO. F.5
12/12/2023
SUBJECT: Second Reading of Ordinance No. 1065 amending provisions of the Brentwood Municipal Code related to administrative citations and appeal procedures.

DEPARTMENTS: Community Development
City Attorney’s Office
STAFF: Alexis Morris, Director of Community Development Damien Brower, City Attorney

TITLE/RECOMMENDATION
Staff recommends that the City Council waive the second reading and adopt Ordinance No. 1065 amending provisions of the Brentwood Municipal Code to update outdated chapter and section numbering references; revise Section 1.12.010 (Hearing Officer); revise, in its entirety, Chapter 1.24 (Administrative Citations); and make findings that these actions are exempt from the California Environmental Quality Act based on sections 15061 and 15358 of the Act’s Guidelines.

FISCAL IMPACT
There is no fiscal impact associated with the adoption of the proposed Municipal Code amendments.

BACKGROUND
It has been a continuing goal of the City Council to keep the Brentwood Municipal Code as up-to-date as possible. The proposed amendments are a continuation of that effort and focus on the Code’s enforcement provisions, and more specifically those related to administrative citations.

With the approval of a contract for administrative citation and hearing processing services, it becomes necessary to revise sections of the Municipal Code. In addition, the provisions of Chapter 1.24 (Administrative Citations) were last amended in 2016, and it is best practice to review periodically provisions of the Municipal Code to ensure they are current, and to provide City enforcement personnel with the most up-todate tools with which to do their jobs.

CITY COUNCIL AGENDA ITEM NO. F.5
12/12/2023
During the preparation of the attached ordinance, staff became aware of references in the Municipal Code to outdated section and chapter numbers, and decided it would be an appropriate time to update those references- in other words, swapping out one chapter or section number with the updated chapter or section number.

There are no large-scale revisions with this ordinance, and many of its proposed changes are clarifications that memorialize current practices or account for the new third party involvement in the processing of administrative citations and appeal hearings. Along with the above-described numbering corrections, the following summarizes revisions of note. In addition, the attached ordinance is redlined to show specific revisions.
 Section 1.12.010 (Hearing officer)
No longer requires that a person appealing an administrative citation also pay for half of the hearing officer costs. Prior to the recent third party processing/appeal hearing contract approval, this section had not been used since hearing officers were City employees.
 Section 1.24.020 (Administrative citation)
Clarifies notice procedures for mailing certain pre-citation notices, including when providing prior notice is not possible or practicable. Also updates the information contained on an administrative citation, including the ability to reference multiple violations.
 Section 1.24.050 (Hearing request)
Provides for the appeal of one or more violations listed on a single citation and allows for the electronic submittal of such appeals. Also, provides for an appeal hearing form, and clarifies when a citation appeal hearing may be held and when the continuance of such a hearing may be granted.
 Section 1.24.060 (Advance deposit hardship waiver)
Places a time requirement on when an advanced hardship waiver may be requested, and provides for the electronic submittal of such requests.  1.24.080 (Hearing procedure)
Expressly states that appeal hearings are an informal process, and describes in more detail what must be demonstrated to prevail.

CITY COUNCIL AGENDA ITEM NO. F.5
12/12/2023
 1.24.090 (Hearing officer’s decision)
Further details the hearing officer’s options when issuing their decisions.  1.24.110 (Recovery of administrative citation fine(s) and costs) Clarifies assessment collections and, when multiple citations are issued for the same violation, now expressly permits the collection of fines from all who have received citations for the same violation.  1.24.120 (Notices)
Provides additional detail to the notice process and further defines when service of notices occurs.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

ATTACHMENT(S)

1. Previous Actions

2. Ordinance No. 1065

Attachment 1

PREVIOUS ACTIONS
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

In 2009, the City Council adopted Ordinance No. 867, and revised provisions of Brentwood Municipal Code Chapter 1.12 Administrative Citations In 2016, the City Council adopted Ordinance No. 978, and, among other things, revised in its entirety Brentwood Municipal Code Title 1 (General Provisions), including the renumbering of, and making amendments to, the Code’s Administrative Citation provisions.

On November 14, 2023, the City Council introduced and waived the first reading of Ordinance No. 1065 amending provisions of the Brentwood Municipal Code related to administrative citations and appeal procedures.

1 ORDINANCE NO. 1065

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD AMENDING PROVISIONS OF THE BRENTWOOD

MUNICIPAL CODE TO UPDATE OUTDATED CHAPTER AND
SECTION NUMBERING REFERENCES; REVISE SECTION

1.12.010 (HEARING OFFICER); AND REVISE, IN ITS ENTIRETY, CHAPTER 1.24 (ADMINISTRATIVE CITATIONS); AND MAKING

FINDINGS THAT THESE ACTIONS ARE EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT BASED ON
SECTIONS 15061 AND 15358 OF THE ACT’S GUIDELINES
WHEREAS, pursuant to the California Constitution, article XI, section 7 and under the City’s general police powers, the City of Brentwood is empowered and charged with responsibility for the health, safety, and welfare of its citizens; and WHEREAS, the City has a substantial interest in continually updating provisions of its Municipal Code, particularly those relating to the Code’s enforcement; and WHEREAS, with recent revisions to the method of administrative citation processing and appeal hearings, it is necessary and best practice to update specified chapters of the Brentwood Municipal Code; and
WHEREAS, in the course of updating the subject chapters of the Brentwood Municipal Code, it was determined that updates were required to outdated chapter and section references; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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

SECTION 1. Incorporation of Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. Chapter 1.08 to Chapter 1.24. References to “Chapter 1.08” in the following sections of the Brentwood Municipal Code will be amended, in their entirety, to “Chapter 1.24” (Administrative Citations):
 7.07.020 Penalties
 8.36.070 Enforcement
 15.52.180 Fines and Penalties
SECTION 3. Chapter 1.08 or Section 1.08.010 to Section 1.16.010. References to “Chapter 1.08” or to “Section 1.08.010” in the following sections of the Brentwood Municipal Code will be amended, in their entirety, to “Section 1.16.010” (Code Enforcement General):
 5.04.200 Enforcement
 5.48.100 Violations and penalty
 5.60.230 Violations
 8.00.040 Notices of public nuisance and order to abate  8.16.600 Enforcement
 9.32.100 Enforcement
 13.04.1030 Administrative complaint
 13.04.1050 Costs

2  14.01.1015 Violations other than for nonpayment of water service charges SECTION 4. Chapter 1.08 to Section 1.16.060. References to “Chapter 1.08” in the following section of the Brentwood Municipal Code will be amended, in their entirety, to “Section 1.16.060” (Enforcement Authority):
 8.44.020 Definitions
SECTION 5. Chapter 1.08 to Section 1.16.060. References to “Chapter 1.08” in the following section of the Brentwood Municipal Code will be amended, in their entirety, to “Section 1.20.010” (Criminal Penalties):
 13.04.1040 Criminal Action
SECTION 6. Chapter 1.12 to Chapter 1.24. References to “Chapter 1.12” in the following sections of the Brentwood Municipal Code will be amended, in their entirety, to “Chapter 1.24” (Administrative Citations):
 1.16.050 Notice of pending action
 5.48.100 Violations and penalty
 13.04.1000 Enforcement mechanisms
 13.04.1030 Administrative complaint
SECTION 7. 1.12.010 Hearing officer. Section 1.12.010 (Hearing Officer) of the Brentwood Municipal Code will be amended in its entirety to read as follows:
“1.12.010 Hearing officer.

Whenever this code authorizes an appeal to the city manager, or otherwise requires a hearing officer, the city manager may designate the hearing officer. The designated hearing officer must be an impartial person, such as: (1) a city employee from a department which has no involvement in the matter being considered; or (2) someone selected randomly from a panel of hearing officers assembled by the city attorney’s office;, or (3) someone hired from an organization which provides hearing officers, in which case, for appeals not pertaining to section 1.16.050, chapter 1.24, or chapter 8.00, the cost will be shared equally by the city and the person cited.

The employment, performance evaluation, compensation and benefits of the hearing officer shallwill not be directly or indirectly conditioned upon or affected by the hearing officer’s decision.”
SECTION 8. Chapter 1.24 (Administrative Citations). Chapter 1.24 (Administrative Citations) of the Brentwood Municipal Code will be amended in its entirety to read as detailed in the quoted section of Exhibit “A” to this Ordinance.

SECTION 9. California Environmental Quality Act (CEQA) Exempt. The City Council finds that this ordinance is not subject to CEQA pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, the City Council finds that this ordinance is exempt under CEQA pursuant to Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment) of the CEQA Guidelines because this ordinance will not cause a change in any of the physical conditions within the area affected by the ordinance.

3 SECTION 10. Entry into Municipal Code. The City Clerk is requested to cause the updating of those Municipal Code sections referenced in Sections 2 through 6 above, and to cause a clean copy of the quoted text in Sections 7 and 8 above to be entered in the Municipal Code.

SECTION 11. Publication. This ordinance will be published in accordance with Government Code Section 36933 by either posting or publishing the ordinance in accordance with that law.

SECTION 12. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding will not affect the validity or enforceability of the remaining provisions, and the City Council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision.

SECTION 13. Effective Date. This ordinance will take effect and be in force 30 days following its adoption.

THIS FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 14th day of November, 2023, by the following vote:

And was adopted at a regular meeting of the Brentwood City Council on the 12th day of December, 2023, by the following vote:

4 Exhibit A
“Chapter 1.24
Administrative Citations
Sections:

1.24.010 Applicability

1.24.020 Administrative citation

1.24.030 Amount of fines

1.24.040 Payment of the fine

1.24.050 Hearing request

1.24.060 Advance deposit hardship waiver

1.24.070 Hearing officer

1.24.080 Hearing procedure

1.24.090 Hearing officer’s decision

1.24.100 Recoverable costs

1.24.110 Recovery of administrative citation fine(s) and cost(s)

1.24.120 Notices

1.24.130 Cost of administrative citation a personal obligation

1.24.010 Applicability.

A. This chapter provides for administrative citations, which are in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this code.

B. Use of this chapter shallwill be at the sole discretion of the city.

1.24.020 Administrative citation.

Whenever an enforcement officer charged with the enforcement of any provision of this code determines that a violation of that provision has occurred, the enforcement officer shall will have the authority to issue an administrative citation to any person responsible for the violation. An administrative citation shall may not be issued unless all of the following have occurred:

A. Prior written notice has been provided by the enforcement officer by: (1) personal service; or (2) by first class mail and posting a copy on the subject property; or by first class mail and certified mail. Such notice shall will state the violation of this code, the violation location, the person(s) responsible, an order to correct or otherwise remedy the violation by a date no less than three business days from the date of the notice, and a warning that failure to timely comply with the order will result in the issuance of an administrative citation.

B. A report has been prepared by the enforcement officer detailing the instance or instances of the violation(s) of this code, including such information as photographic evidence, a chronological account of inspections made, identification of conditions noted, and witness statements, if any, all of which support the issuance of an administrative citation.

C. Notwithstanding subsections A and B of this section, an enforcement officer shallwill have the authority to issue an administrative citation to any person responsible for a violation without providing the prior written notice required in subsection A or preparing the report required in subsection B when:

5 1. The violation requires immediate correction, due to an immediate danger to public health or safety; or

2. The person responsible for the violation has been given prior oral or written warning or a citation for a violation of the same section of the Brentwood Municipal Code within one year of the date of the new violation; or

3. The violation is a transient, non-ongoing violation where a prior written warning is not possible or practicable..

In instances where an enforcement officer uses the authority provided in this subsection, the officer should prepare a report pursuant to subsection B within three business days of issuing an administrative citation.

D. Each administrative citation shall must contain the following information:

1. The date of the violation(s);

2. The address or a definite description of the location where the violation(s) occurred;

3. The section of this code violated and a description of the violation(s);

4. The amount of the fine for the codeeach violation;

5. A description of the fine payment process, including a description of the time within which and the place to which the fine shallwill be paid;

6. An order prohibiting the continuation or repeated occurrence of the code violation(s) described in the administrative citation;

7. A description of the administrative citation review process, including the requirement that of a written notice of appeal form be submitted, stating, among other things, the grounds upon which the administrative citation was alleged to have been issued in error;, the time within which the administrative citation may be appealed;, and the name and email, web, or physical address to where the such an appeal form may be deliveredof the city clerk to whom shall be delivered any such appeal;

8. A statement that judicial review of decisions upon an appeal hearing on the citation, must occur within the twenty-day timeframe set forth in Government Code Section 53069.4(b); and

98. The name and signature of the citing enforcement officer.

E. Administrative citations may include multiple violations, with each violation constituting a separate offense with separate fine amounts.

F. An administrative citation must substantially comply with the content requirements in subsection D of this section, the purpose of which is to provide fair notice of a violation, with the goal of securing code compliance. The City’s failure to comply strictly with these requirements is not a basis to overturn an administrative citation.

1.24.030 Amount of fines.

6 A. The amounts of the fines for code violations imposed pursuant to this chapter shall may be set forth in the schedule of fines established by resolution of the city council, which may be amended from time to time.

B. The schedule of fines may specify any increased fines for repeat violations of the same code provision by the same person within a specified monthly period from the date of an administrative citation.

C. The schedule of fines shall may specify the amount of any late payment charges imposed for the payment of a fine after its due date.

1.24.040 Payment of the fine.

A. The fine shall must be paid to the city within thirty days from the date of the administrative citation.

B. Any administrative citation fine paid pursuant to subsection A, shallwill be refunded in accordance with Section 1.24.090(D) if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation(s) or that there was no violation(s) as charged in the administrative citation.

C. Payment of a fine under this chapter shall does not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.

1.24.050 Hearing request.

A. Enforcement Officer Hearing Request.

1. Within thirty days of issuance of an administrative citation, an enforcement officer, with the concurrence of his or her department director, may request a review by the a hearing officer, if the officer believes the administrative citation, or a portion thereof, was issued in error.

2. After considering information provided by the enforcement officer, the hearing officer will determine if the administrative citation, or a portion thereof, should be voided.

3. The decision of the hearing officer is final.

B. Recipient of Administrative Citation Hearing Request.

1. By completing and submitting a city appeal form, Anya recipient of an administrative citation may contest that there was a violation of the code or that he or she isthey are the responsible party. by submitting a written letter requesting an appeal hearing and stating the specific grounds for the appeal. The appeal form may be obtained from the web or email address on the administrative citation, or from the city clerk. Within seven days from the date of the administrative citation, Tthe letter appeal form shallwill be delivered either sent electronically to the city clerkweb or email address provided on the citationappeal form, or a hard copy delivered to the city clerk at the address on the appeal form. within seven days from the date of the administrative citation, The submitted appeal form will include together with an advance deposit of the fine or a request and supporting documentation for an advance deposit hardship waiver pursuant to Section

1.24.060. In the case of multiple violations listed on a single administrative citation, the recipient may contest any or all of the violations. A failure to file a timely

7 request for hearing is a waiver of the right to appeal the administrative citation and to seek judicial review.

2. The person requesting the hearing shallwill be notified of the time and place set for the hearing at least seven days prior to the date of the hearing. A hearing before the hearing officer must be set for a date that is not less than 15 and not more than 60 days from the date a proper and timely appeal is filed. An appellant may request one continuance of no more than 30 days. Further continuances may be granted at the discretion of the hearing officer and only for good cause.

3. Reports of the enforcement officer concerning the administrative citation, if intended to be submitted to the hearing officer for consideration at the hearing, shallwill be copied and served, pursuant to section 1.24.020, on the person requesting the hearing at least seven days before the date of the hearing.

1.24.060 Advance deposit hardship waiver.

A. Any person who intends to request a hearing to contest that there was a violation of the code or that they arehe or she is the responsible party, and who is financially unable to make the advance deposit of the fine as required in Section

1.24.050(B), may request an advance deposit hardship waiver within seven days from the date of the administrative citation.

B. The request shallwill be sent to the web, email, or physical address provided on the administrative citation and processed by the department of finance and information systems. Once the hardship waiver is submitted, tThe requirement of depositing the full amount of the fine being appealed as described in Section

1.24.050(B) shallwill be stayed, unless or until the director of finance and information systems makes a determination not to issue the advance deposit hardship waiver.

C. The director of finance and information systems may waive the requirement of an advance deposit set forth in Section 1.24.050(B) and issue the advance deposit hardship waiver only if the cited party has submitted a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the director of finance and information systems, the person’s actual financial inability hardship into depositing with the city the full amount of the fine in advance of the hearing.

D. If the director of finance and information systems determines not to issue an advance deposit hardship waiver, the person shallwill remit the deposit to the city within ten days of the date of that decision or thirty days from the date of the administrative citation, whichever is later.

E. The director of finance and information systems shallwill issue a written determination listing the reasons for his or her determination to issue or not issue the advance deposit hardship waiver. The written determination of the director of finance and information systems shallwill be final, and shallwill , pursuant to section

1.24.020, be served upon the person who applied for the advance deposit hardship waiver.

1.24.070 Hearing officer.

The city manager will appoint a hearing officer as set forth in section 1.12.010.

1.24.080 Hearing procedure.

8 A. No hearing to contest an administrative citation, or violations thereon, before a hearing officer shallwill be held unless the fine has been deposited in advance in accordance with Section 1.24.050(B), or an advance deposit hardship waiver has been issued in accordance with Section 1.24.060.

B. The hearing date shallwill be no sooner than seven days from when the notice of the hearing is given to the party contesting the administrative citation, or violations thereon, and the enforcement officer.

C. Hearings are informal, and formal rules of evidence and discovery do not apply. The hearing officer may only consider evidence that is relevant to whether the violation occurred, and whether the responsible person has caused or maintained a violation of the municipal code on the date(s) specified in the administrative citation. At the hearing, the party contesting the administrative citation or violations thereon shallwill be given the opportunity to testify and to present evidence concerning the administrative citation, or violations thereon.

D. Unless a continuance is granted by the hearing officer, tThe failure of any recipient of an administrative citation to appear at the administrative citation hearing shallwill constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.

E. The administrative citation and any additional report submitted by the enforcement officer shallwill constitute prima facie evidence of the respective facts contained in those documents. The person requesting a hearing is entitled to a copy of the code enforcement officer’s report to the hearing officer at least seven days before the hearing.

F. The hearing officer may continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.

1.24.090 Hearing officer’s decision.

A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shallwill, within thirty fourteen days, issue a written decision to uphold or cancel any or all of the administrative citation and/or, if applicable, to suspend or refund all or a portion of the fine(s), and shallwill list in the decision the reasons for that decision. The hearing officer may suspend to facilitate compliance, reduce, or refund the amount of the fine(s) based on these factors: duration of the violation, frequency and number of violations, seriousness of the offense, good faith efforts to comply, impact on the community, and such other factors that are just. The hearing officer will have mailed a copy of the written decision to the person who requested the hearing. The decision of the hearing officer is final, with no further administrative right of appeal to any city employee, city official, city appointed body, or the city council.

B. If the hearing officer determines that the administrative citation, or any violations thereon, should be upheld, then the applicable fine amount on deposit with the city shallwill be retained by the city, unless the hearing officer, in his or her decision, refunds, reduces, or suspends all or a portion of the payment of the fine.

Those portions not refunded, reduced, or suspended in which case, the portion not suspended shallwill be retained by the city.

C. If the hearing officer determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit

9 hardship waiver, the hearing officer shallwill set forth in the decision a payment schedule for the fine, unless the hearing officer, in his or her decision, suspends all or a portion of the payment of the fine, in which case the portion not suspended shallwill be subject to a payment schedule.

D. If the hearing officer determines that the administrative citation or any violations thereon should be canceled and the fine was deposited with the city, the city shallwill promptly refund the amount of the deposited fine for the cancelled administrative citation, or any violations thereon.

E. Upon issuance, Tthe recipient of the administrative citation shallwill be served withsent a copy of the hearing officer’s written decision by U.S. mailpursuant to section 1.24.120 upon issuance.

F. To the extent applicable, the employment, performance evaluation, compensation and benefits of the hearing officer shallwill not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer.

G. Decisions of the hearing officer are final. Any further Llegal action must be commenced in accordance with Government Code Section 53069.4(b) by filing a petition with the Superior Court within 20 days of the date of the mailing of the hearing officer’s decision.

1.24.100 Recoverable costs.

Recoverable costs shallwill include, but not be limited to, the following:

A. Any person who fails to pay to the city any administrative citation costs imposed pursuant to the provisions of this chapter on or before the due date also shallwill be liable for the payment of any applicable late payment charges, administrative costs, cost of compliance re-inspections, and collection costs.

B. In administrative proceedings, the prevailing party is entitled to recover its reasonable attorneys’ fees, but only if the city elects in writing, at the initiation of an administrative proceeding, to seek recovery of its own attorneys’ fees. (Gov’t.

Code §38773.5(c).) In no event shallwill an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the city in the administrative proceedings. The city may recover its attorneys’ fees in the same manner as other costs pursuant to this chapter.

1.24.110 Recovery of administrative citation fine(s) and costs.

A. The procedures set forth in this section for the recovery of administrative citation fine(s) and recoverable costs are adopted under Government Code Section 53069.4, which allows the city council to establish a procedure to govern the collection of administrative fines and recoverable costs.

B. To recover past due administrative citation fine(s) and recoverable costs:

1. The enforcement officer will cause a copy of the administrative citation(s) to be filed with the finance and administrativeinformation systems department for citation fine recovery purposes.

2. An invoice for the administrative citation fine(s) and recoverable costs will be mailed to the property owner and/or responsible party.

10 a. The invoice for property related administrative citations will include notification that if not paid within thirty days of the citation date, a lien and/or assessment on the property may be recorded, or other collection methods employed. b. The invoice for non-property related administrative citations will include notification that if not paid within 30 days of the administrative citation date, the account may be referred to a collection agency, or other collection methods employed.

3. If the property owner and/or responsible party does not pay the non-property related administrative citation fine and recoverable costs within thirty calendar days from the administrative citation date, the account may be forwarded to a collection agency.

4. If the property owner and/or responsible party does not pay a property related administrative citation fine and recoverable costs within thirty calendar days from the administrative citation date, the director of finance and administrative information systems may authorize that a lien on the property be recorded.

5. If the property related administrative citation fine and recoverable costs remains unpaid after 30 days from the administrative citation date, the director of finance and administrativeinformation systems may authorize a special assessment upon the respective parcels of land as they are shown on the last equalized assessment roll or the supplemental roll, whichever is more current.

6. The assessment shallwill continue until it is paid, together with interest at the legal maximum rate computed from the date of confirmation of the statement until payment.

7. The county assessor shallis to enter each assessment on the county tax roll upon the parcel of land. The assessment shallis to be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shallwill be subject to the same penalties and procedure and sale in case of delinquency as is provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shallwill be applicable to the special assessment.

However, if any real property to which the administrative citation and recoverable costs relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the administrative citation and recoverable costs shallwill not result in a lien against the real property but instead shallwill be transferred to the unsecured roll for collection. The tax collector’s power of sale shallwill not be affected by the failure of the property owner to receive notice.

C. On behalf of the city, the city manager or designee may collect any administrative citation fines and recoverable costs by use of all available legal means, and the choice of one remedy does not affect the city’s ability to use alternative remedies.

D. The city will not collect the citation fine(s) and recoverable costs more than once.

1.24.120 Notices.

A. The administrative citation shallwill, at a minimum, be served on the responsible person by one of the following: (1) personal service; or (2) by first class

11 mail and posting a copy of the subject property; or (3) first class mail and certified mail. Unless the parties otherwise agree to an alternate means, Aall other notices shallwill be served as noted in this chapter, or if not provided herein, by personal service or by U.S. mail.

B. Failure to receive any notice, besides the administrative citation, specified in this chapter does not affect the validity of proceedings conducted hereunder.

Service is deemed effective on the date it is personally delivered, deposited in the mail, or otherwise sent.

1.24.130 Cost of administrative citation a personal obligation.

Along with placing a lien or assessment upon the real property pursuant to the procedures set forth in this chapter, the city may make all fines and recoverable costs the personal obligation of the property owner, tenant or other person creating, causing, committing, or maintaining the nuisance. In such a case, all of the procedures of this chapter apply except those specifically related to liens and assessments.”

CITY COUNCIL AGENDA ITEM NO. F.6
12/12/2023
SUBJECT: Purchase of twelve replacement and two new Ford vehicles.

DEPARTMENT: Public Works
STAFF: Casey Wichert, Director of Public Works
Scott Dempsey, Fleet/Facilities Maintenance Manager

TITLE/RECOMMENDATION
Staff recommends the adoption of a Resolution:
1) approving the purchase of 14 vehicles (two new and twelve replacements): 7 Ford F250 trucks (3 for the Parks & Recreation Department, 3 for the Public Works Department, and 1 for the Police Department); 5 Ford F350 trucks for the Public Works Department; and 2 Ford F550 trucks for the Public Works Department, from Bill Brandt Ford in Brentwood, CA;
2) amending the General Fund Street Division 2023/24 Operating Budget in the amount of $46,531;
3) amending the General Fund Parks Landscape Operations 2023/24 Operating Budget in the amount of $31,714;
4) amending the Vehicle and Equipment Replacement Fund 2023/24 Operating Budget in the amount of $309,325; and
5) authorizing the City Manager or designee to execute any necessary documents in an amount not to exceed $1,321,420 for fiscal year 2023/24 for the purchase of these vehicles.

FISCAL IMPACT
Staff is recommending replacing twelve vehicles and purchasing two new vehicles, at a total cost of $1,321,420. Of this amount $264,151 is for new vehicles to be expended from the Water Enterprise’s and General Fund Streets Division’s City Council approved 2023/24 Operating Budgets in the amounts of $108,485 and $155,666, respectively. No budget amendment is needed for these purchases.

The remaining cost of $1,057,269 is for 12 replacement vehicles, three of which have upgrades as identified in the Background. A budget adjustment in the amount of $46,531 will be requested from the General Fund Street Division to cover the upgrade

CITY COUNCIL AGENDA ITEM NO. F.6
12/12/2023
portion of costs for two replacement Streets vehicles. A budget adjustment in the amount of $31,714 will be requested from the General Fund Parks Landscape Operations division to cover the remaining upgrade cost for one Parks vehicle.

The remaining $979,024 will be expended through the Vehicle and Equipment Replacement Fund, of which, $669,699 is included in the City Council approved 2023/24 Operating Budget. Staff is requesting the Vehicle and Equipment Replacement Fund 2023/24 Operating Budget be amended in the amount of $309,325, to allow for these expenditures in the current fiscal year. The Vehicle and Equipment Replacement Fund has sufficient funds for this purchase, with a projected cash balance on June 30, 2024 of $6,119,280, including this requested amendment.

Several of the requested replacement vehicles were previously approved for replacement in the past two budget years, and now need to be rebudgeted to complete the purchases this fiscal year.

The Vehicle and Equipment Replacement Fund receives annual contributions from various City funds in order to ensure sufficient resources are available when replacement is needed. Annual funding in the operating budget comes from the General Fund (50%), Enterprise Funds (45%), and other funds (5%).

BACKGROUND
The Vehicle Policy contains guidelines for replacement of City vehicles. Twelve vehicles from various City departments are scheduled for replacement in fiscal year 2023/24. These vehicles were inspected and evaluated by Fleet/Facilities Maintenance Division staff during their annual inspections. After careful review of their maintenance records and condition, staff recommends replacement at this time due to wear and tear, as well as their elevated maintenance costs.

The majority of these requested replacement vehicles were previously approved for replacement in the past two budget years; however, due to pandemic supply chain issues, vehicle orders were twice canceled by the manufacturer.

These vehicles will be replaced in accordance with the Vehicle Policy.

Division New Vehicle Replacing
Replacement
Criteria
Years/Mileage
Current
Years/Mileage
Est. Maint.

Costs
Parks
F250 Pickup
Regular Cab
F250 Pickup
Regular Cab 6/125K 14/100,500 $3,500
Parks
F250 Pickup
Regular Cab
F250 Pickup
Regular Cab 6/125K 14/75,500 $3,500

CITY COUNCIL AGENDA ITEM NO. F.6
12/12/2023
Parks
F250 Regular Cab
w/ Flatbed Dump
F250 Pickup
Regular Cab 6/125K 14/57,500 $3,500
Police
F250 Pickup Crew
Cab
F250 Pickup
Extended cab 6/125K 14/47,000
PW/Standby F350 w/ Utility F350 w/ Utility 10/125K 9/49,000 $4,500 Streets F550 w/ Dump F350 w/ Dump 10/125K 18/57,000 $4,500 Streets F350 w/ Dump F350 w/ Dump 10/125K 18/42,000 $4,500 Streets F350 w/ Utility F350 w/ Utility 10/125K 18/63,000 $4,500 Streets F250 w/ Utility F250 w/ Utility 6/125K 17/64,500 $3,500 Streets F250 w/ Utility F150 Pickup 6/125K 17/46,500 $2,500 Streets F350 w/ Utility F350 w/ Utility 10/125K 11/75,500 $4,500 Water F250 w/ Utility F250 w/ Utility 6/125K 13/47,800 $3,500 The following departments are requesting upgraded vehicles to better align with their current needs:
 Parks Department - replacing a F250 Pickup truck with a Flatbed Dump truck for an additional cost of $31,714.
 Public Works Streets Division - upsizing from a F350 Dump truck to a F550 Dump truck and from an F150 Pickup truck to a F250 Utility truck for an additional $46,531.

Although the current vehicles have worked well for their past operations, the demand of work performed by these vehicles has increased over the years. The need of adjusting these vehicles is essential for today’s operation requirements, providing the ability to better service the community and carry necessary tools and equipment.

After researching various vehicles, consensus determined these adjustments provided the best value and fit for the needs of the Departments uses. These vehicle changes fall within the guidelines of the Vehicle/Equipment Operating Policy 10-9 and additional funds were budgeted in each operating budget.

The two new vehicles were approved as part of the amended the 2022/23 – 2023/24 Operating Budget. One vehicle, an F350 Dump truck, is for the Water Division’s use and provides benefits during emergency water main leaks and daily operations with ease of use, accessibility and a low-level platform improving injury prevention of offloading equipment. The second new vehicle, an F550 Traffic Safety (Cone) truck, is for the Street Division’s use for traffic control setup and tear down allowing all signs, cones, and barricades to be on one truck continually for easy access. This vehicle increases staff safety as staff will be able to remain on the vehicle while setting up the traffic control rather than walking the roadway, eliminating the possibility of being struck by passing vehicles.

Bid specifications were distributed to seven vendors for these fourteen vehicles. The bid specifications provided the following results:

Bill Brant Ford $1,321,420
Future Ford $1,352,467
Napa Ford No Bid

CITY COUNCIL AGENDA ITEM NO. F.6
12/12/2023
Ron Dupratt Ford No Bid
Elk Grove Ford No Bid
Big Valley Ford No Bid
Fairfield Ford No Bid
The City’s Vehicle/Equipment Replacement Fund was established to provide funding for the timely replacement of vehicles and equipment. The Vehicle/Equipment Replacement Fund has sufficient funds for the purchase of the twelve replacement vehicles.

Staff requests the approval to purchase one new Ford F350 with Dump body in the amount of $108,485 for the Water Division, one new F550 Traffic Safety (Cone) truck for the Streets Division in the amount of $155,666, and twelve replacement Ford trucks in the amount of $1,057,269 for various departments for a total amount not to exceed of $1,321,420 from Bill Brandt Ford in Brentwood, CA.

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Quote

PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

On February 14, 2017, by Resolution No. 2017-17, City Council adopted the amended City Council/Administrative Policy No. 10-9, Policy and Procedures for the Use of Vehicles and Related Equipment (“Vehicle Policy”).

On June 27, 2023, by Resolution No. 2023-89, City Council adopted the amended 2022/23 – 2023/24 Operating Budget, which includes the purchase of the two requested new vehicles and the Vehicle and Equipment Replacement Fund.

RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING THE PURCHASE OF 14 VEHICLES: 7
FORD F250 TRUCKS (3 FOR THE PARKS & RECREATION
DEPARTMENT, 3 FOR THE PUBLIC WORKS DEPARTMENT, AND 1
FOR THE POLICE DEPARTMENT); 5 FORD F350 TRUCKS FOR THE
PUBLIC WORKS DEPARTMENT, AND 2 FORD F550 TRUCKS FOR

THE PUBLIC WORKS DEPARTMENT, FROM BILL BRANDT FORD
IN BRENTWOOD, CA; AMENDING THE GENERAL FUND STREET
DIVISION 2023/24 OPERATING BUDGET IN THE AMOUNT OF
$46,531; AMENDING THE GENERAL FUND PARKS LANDSCAPE
OPERATIONS 2023/24 OPERATING BUDGET IN THE AMOUNT OF
$31,714; AMENDING THE VEHICLE AND EQUIPMENT
REPLACEMENT FUND 2023/24 OPERATING BUDGET IN THE
AMOUNT OF $309,325; AND AUTHORIZING THE CITY MANAGER

OR DESIGNEE TO EXECUTE ANY NECESSARY DOCUMENTS IN AN
AMOUNT NOT TO EXCEED $1,321,420 FOR FISCAL YEAR
2023/24 FOR THE PURCHASE OF THESE VEHICLES.

WHEREAS, on February 14, 2017, by Resolution No. 2017-17, City Council adopted the amended City Council/Administrative Policy No. 10-9, Policy and Procedures for the Use of Vehicles and Related Equipment (“Vehicle Policy”); and WHEREAS, on June 27, 2023, by Resolution No. 2023-89, City Council adopted the amended 2022/23 – 2023/24 Operating Budget, which includes the purchase of the two requested new vehicles and Vehicle and Equipment Replacement Fund; and
WHEREAS, the Purchasing Policy 10-7 requires that purchases or services over $50,000 be approved by City Council; and
WHEREAS, one new vehicle was budgeted for purchase as part of the amended the 2022/23 – 2023/24 Operating Budget in the amount of $108,485 to support the Public Works Water Division’s operations and safety; and WHEREAS, one new vehicle was budgeted for purchase as part of the amended the 2022/23 – 2023/24 Operating Budget in the amount of $155,666 to support the Public Works Streets Division’s operations and safety; and WHEREAS, twelve vehicles scheduled for replacement in FY 23/24 in various City departments were inspected and evaluated by staff who determined it was prudent to replace them at this time due to the wear and tear and elevated maintenance costs; and
WHEREAS, the two new vehicles will be purchased and the twelve vehicles will be replaced in accordance with the Vehicle Policy 10-9 and will encompass the

purchase of seven Ford F250 trucks, five Ford F350 trucks, and two Ford F550 trucks; and
WHEREAS, the bid from Bill Brandt Ford is the lowest responsive and responsible bid; and
WHEREAS, these purchases are in compliance with the Purchasing Policy No. 10-7 and the Use of Vehicles and Related Equipment Policy No. 10-9; and WHEREAS, of the total $1,321,420 cost, $155,666 will be expended through the Street Division’s Operating Budget, $108,485 will be expended through the Water Enterprise Operating Budget, $31,714 will be requested from the General Fund Parks Landscape Operations Division, and $979,0244 will be expended through the Vehicle and Equipment Replacement Fund which has sufficient funds and of which $669,699 is included in the approved 2023/24 Operating Budget; and WHEREAS, staff requests the Vehicle and Equipment Replacement Fund 2023/24 Operating Budget be amended in the amount of $309,325, to allow for these expenditures in the current fiscal year.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby resolve as follows:
1) approve the purchase of 14 vehicles: 7 Ford F250 trucks (3 for the Parks & Recreation Department, 3 for the Public Works Department, and one for the Police Department; 5 Ford F350 trucks for the Public Works Department, and 2 Ford F550 trucks for the Public Works Department, from Bill Brandt Ford in Brentwood, CA;
2) amend the General Fund Street Division 2023/24 Operating Budget in the amount of $46,531;
3) amend the General Fund Parks Landscape Operations 2023/24 Operating Budget in the amount of $31,714;
4) amend the Vehicle and Equipment Replacement Fund 2023/24 Operating Budget in the amount of $309,325; and
5) authorize the City Manager or designee to execute any necessary documents in an amount not to exceed $1,321,420 for fiscal year 2023/24 for the purchase of these vehicles.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 12th day of December 2023 by the following vote:

CITY COUNCIL AGENDA ITEM NO. F.7
12/12/2023
SUBJECT: 2022-23 Development Impact Fee Report
DEPARTMENT: Finance & Information Systems
STAFF: Kerry Breen, Director of Finance & Information Systems Rachel Corona, Accountant II

TITLE/RECOMMENDATION
The Development Impact Fee Report ensures compliance with California Government Code Section 66006(b) and 66001(d), which requires an annual report providing specific information about those fees, be prepared and made available to the public.

Staff recommends City Council receive and file the 2022-23 Development Impact Fee Report.

FISCAL IMPACT
There is no fiscal impact associated with this action.

BACKGROUND
California Government Code §§ 66000 et seq. (the "Mitigation Fee Act") sets forth the legal requirements for enactment of a development impact fee program, the bulk of which was adopted as 1987’s Assembly Bill (AB) 1600 and thus commonly referred to as “AB 1600 requirements”.

The AB 1600 requirements stipulate that impact fees imposed on new development have the proper nexus to any project on which they are imposed. In addition, AB 1600 requires that any local agency that imposes development impact fees prepare an annual report providing specific information about those fees as defined in Government Code Sections 66006(b) and 66001(d). Each year the City prepares the Development Impact Fee Report to meet these requirements.

Government Code Section 66006(b) requires that for each separate account or fund, the local agency, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year:
• A brief description of the type of fee in the account or fund. • The amount of the fee.

CITY COUNCIL AGENDA ITEM NO. F.7
12/12/2023
• The beginning and ending balance of the account or fund. • The amount of the fees collected and interest earned. • An identification of each public improvement on which fees were expended and the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. • An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement.
• A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.
• The amount of refunds made due to sufficient funds being collected to complete financing on incomplete public improvements, and the amount of reallocation of funds made due to administrative costs of refunding unexpended revenues exceeding the amount to be refunded.

Government Code Section 66001(d) requires that the local agency make all of the following findings every fifth year following the first deposit into the fund and every five years thereafter with respect to that portion of the fund remaining unexpended, whether committed or uncommitted:
• Identify the purpose to which the fee is to be used.
• Demonstrate a reasonable relationship between the fee and purpose for which it is charged.
• Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements.
• Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.

The 2022/23 Development Impact Fee Report includes both the annual and five year requirements for the City.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

CITY COUNCIL AGENDA ITEM NO. F.7
12/12/2023

DATE OF NOTICE
The Government Code also requires this report be reviewed by the City at a regularly scheduled public meeting not less than 15 days after the information is made available to the public. In addition, notice of the time and place of the meeting shall be mailed at least 15 days prior to the meeting to any interested party who files a written request with the local agency for such a mailed notice. This report was filed with the City Clerk’s office and available for public review on November 27, 2023.

ENVIRONMENTAL DETERMINATION
Not Applicable

ATTACHMENT(S)

1. Previous Action

2. 2022/23 Development Impact Fee Report

ATTACHMENT 1 – PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

On February 9, 2021, the City Council approved Resolution 2021-20 adopting the City of Brentwood Development Fee Program 2021 Update and schedule of development impact fees applicable to new development projects pursuant to Brentwood Municipal Code Section 16.130.020(A).

On December 12, 2022, the City Council reviewed, accepted and filed the 2021/22 Development Impact Fee Report, as required by California Government Code Section 66006(b) and California Government Code Section 66001(d).

On June 13, 2023, the City Council approved Resolution 2023-80 adopting the 2023/24 – 2027/28 Capital Improvement Program (CIP).

Fiscal Year Ended
June 30, 2023
Development
Impact Fee
Report
150 City Park Way
Brentwood,Page 261 of 614 CA 94513
2 City Council as of June 30, 2023
Joel Bryant ............................................................................................................................................Mayor Susannah Meyer ......................................................................................................................Vice Mayor Jovita Mendoza..............................................................................................................Council Member Tony Oerlemans ...........................................................................................................Council Member Pa’tanisha Pierson.........................................................................................................Council Member Executive Team as of June 30, 2023
Tim Ogden .............................................................................................................................City Manager Damien Brower .....................................................................................................................City Attorney Allen Baquilar......................................................................................................... Interim City Engineer Sukari Beshears ........................................................Director of Human Resources/Risk Manager Kerry Breen .................................City Treasurer/Director of Finance and Information Systems Darin Gale ............................................................................................................Assistant City Manager Tim Herbert ..........................................................................................................................Chief of Police Alexis Morris........................................................................... Director of Community Development Bruce Mulder ...................................................................................Director of Parks and Recreation Casey Wichert.................................................................................. Interim Director of Public Works

3 Table of Contents
City Council and Executive Team ............................................................................................................................ 2 Table of Contents .......................................................................................................................................................... 3 Transmittal Letter ......................................................................................................................................................... 4

INTRODUCTION
Legal Requirements For Development Impact Fee Reporting ............................................................... 6 Description of Development Impact Fees ..................................................................................................... 8 Current Fee Schedule ............................................................................................................................................. 9

DEVELOPMENT IMPACT FEE REPORT
Statement of Revenues, Expenditures and Changes in Fund Balance Financial Summary Report – Development Impact Fees ................................................................. 11 Water Development Impact Fee Fund .................................................................................................... 12 Roadway Development Impact Fee Fund ............................................................................................. 13 Parks and Trails Development Impact Fee Fund ................................................................................ 14 Wastewater Development Impact Fee Fund ........................................................................................ 15 Community Facilities Development Impact Fee Fund ...................................................................... 16 Fire Development Impact Fee Fund ........................................................................................................ 17

NOTES TO THE DEVELOPMENT IMPACT FEE REPORT
Note # 1 – Bonds ............................................................................................................................................ 19 Note # 2 – Notes Payable ............................................................................................................................ 20 Note # 3 – Deferred Development Impact Fees ................................................................................. 22 Note # 4 – Development Reimbursements .......................................................................................... 22 Note # 5 – Refunds Payable ....................................................................................................................... 23 DEVELOPMENT IMPACT FEE PROJECT IDENTIFICATION ................................................................... 24

4 Transmittal Letter
December 12, 2023
The Honorable Mayor, Members of the City Council and Citizens of Brentwood Brentwood, CA 94513
Dear Mayor, Members of the City Council and Citizens of Brentwood:

State law requires any local agency that imposes development impact fees to prepare an annual report providing specific information about those fees. Therefore, in accordance with the provisions of the California Government Code Section 66006 (b) and 66001 (d), as amended by Assembly Bill (AB) 518 and Senate Bill (SB) 1693, I hereby submit the Development Impact Fee (DIF) Report for the City of Brentwood, California for the fiscal year (FY) ended June 30, 2023.

DIFs are charged by local governmental agencies in connection with approval of development projects. The purpose of these fees is to defray all or a portion of the cost of public facilities related to the development project. The legal requirements for enactment of a DIF program are set forth in Government Code §§ 66000- 66025 (the "Mitigation Fee Act"), the bulk of which was adopted as 1987’s AB 1600 and thus commonly referred to as “AB 1600 requirements”.

In Brentwood, DIFs are collected at the time a building permit is issued for the purpose of mitigating the impacts caused by new development on the City’s infrastructure. Fees are used to finance the acquisition, construction and improvement of public facilities needed as a result of this new development. A separate fund has been established to account for the impact of new development on each of the following types of public facilities: Water, Roadway, Parks and Trails, Wastewater, Community Facilities and Fire.

Fees imposed on new development within the City have been in place since 1979. In 1989, the City prepared its first “Capital Improvements Costs and Basis of Development Fees” report which was a detailed study of the impacts of future growth on local facilities. This report provided the analysis and support for the DIFs imposed by the City, with various updates to the study occurring through 1998. In the 1999 update of the study, the report was renamed the City of Brentwood Development Fee Program with the most recent update, the City of Brentwood Development Fee Program (“DIF Program”), being adopted by City Council on February 9, 2021.

State law requires the City prepare and make available to the public the DIF Report within 180 days after the last day of each fiscal year. The City Council must review the annual report at a regularly scheduled public meeting not less than fifteen days after the information is made available to the public. This report was filed with the City Clerk’s office and available for public review on November 27, 2023.

Respectfully submitted,
Kerry Breen
City Treasurer/Director of Finance and Information Systems

5 INTRODUCTION

6 Development Impact Fee Report

LEGAL REQUIREMENTS FOR DEVELOPMENT IMPACT FEE REPORTING A. CALIFORNIA GOVERNMENT CODE SECTION 66006 (b)
California Government Code Section 66006 (b) defines the specific reporting requirements for local agencies that impose AB 1600 DIFs on new development. Annually, for each separate fund established for the collection and expenditure of DIFs, the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the information shown below for the most recent fiscal year. The applicable page numbers for the location where each item can be found in the report are provided for reference.

• A brief description of the type of fee in the account or fund. (Pages 8 to 9) • The amount of the fee. (Page 9)
• The beginning and ending balance of the account or fund. (Page 11) • The amount of the fees collected and interest earned. (Pages 11 to 17) • An identification of each public improvement on which fees were expended and the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. (Page 26)
• An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement. (Page 26) • A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan. (Pages 19 to 22) • The amount of refunds made due to sufficient funds being collected to complete financing on incomplete public improvements, and the amount of reallocation of funds made due to administrative costs of refunding unexpended revenues exceeding the amount to be refunded. (Page 23)
B. CALIFORNIA GOVERNMENT CODE SECTION 66001 (d)
For all funds established for the collection and expenditure of DIFs, California Government Code Section 66001 (d) has additional requirements. For the fifth fiscal year following the first deposit into the fund and every five years thereafter, the local agency shall make all of the following findings with respect to that portion of the fund remaining unexpended, whether committed or uncommitted:
• Identify the purpose to which the fee is to be put.
• Demonstrate a reasonable relationship between the fee and purpose for which it is charged.

7 Development Impact Fee Report
• Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements.
• Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.

As of June 30, 2023, the City does not report any DIF Funds held past the fifth year of first deposit.

C. ADDITIONAL NOTES
The State of California Government Code Section 66002 states that local agencies that have developed a fee program may adopt a Capital Improvement Program (CIP) indicating the approximate location, size and timing of projects, plus an estimate for the cost of all facilities or improvements to be financed by fees. A formal CIP is recommended, at a minimum, as a five-year plan. The City annually produces a five-year CIP which helps to maintain and support the City’s General Plan as well as identify situations where infrastructure is needed to accommodate the planned development.

The City’s current, adopted 2023/24 – 2027/28 Capital Improvement Program can be found on the City’s website at www.brentwoodca.gov.

D. ESTABLISHING A REASONABLE RELATIONSHIP BETWEEN THE FEE AND THE PURPOSE FOR WHICH IT IS CHARGED The City’s DIF Program has been in effect in Brentwood since FY 1989/90. The current DIF Program, titled the City of Brentwood Development Fee Program 2023 Update, was adopted on February 9, 2021, with the annual fee adjustment occurring July 1, 2023. Adjustments to the fees shall be made annually in accord with the Engineering News Record Construction Cost Index. The DIF Program sets forth the relationship between contemplated future development, facilities needed to serve future development and the estimated costs of those improvements based on the current General Plan for build-out.

Comprehensive updates to the program are completed on an as-needed basis to ensure the program continues to reflect the appropriate fees in relation to updated costs.

Many of the City’s CIP projects are financed in part by the impact fees outlined in the DIF Program. The City’s capital improvements provide infrastructure to the residents and businesses in Brentwood in order to keep pace with ongoing development in, and adjacent to, the community. Estimated project costs, and the summary of fee apportionment to each development impact fee type, are detailed within the City’s DIF Program beginning with Table 7 in that document.

Information on current CIP projects that are in the DIF Program can be found on page 26 including:

Current Projects, Project Phase, Estimated Construction Start Date, Estimated Completion Date, Estimated Project Cost and Development Impact Fee information including Budget to Date, Funding to Date and Estimated % of Project Funded with fees.

E. FUNDING OF INFRASTRUCTURE
The 2023/24 – 2027/28 CIP identifies all funding sources and amounts for individual projects projected through FY 2027/28. The CIP is updated annually to reflect the current infrastructure needs of the City.

As a CIP project is identified, the project is evaluated to determine the portion of the project that will service existing residents and businesses versus new development.

Once the determination of use is made, the percentage of use attributable to new development is then funded by the appropriate development impact fee based on the type of project. The percentage of

8 Development Impact Fee Report
use associated with existing residents or businesses are funded from other appropriate sources as identified on each individual project sheet in the CIP. All future planned infrastructure needs are outlined in the DIF Program. Estimated construction start dates for projects are adjusted, as needed, to reflect the needs of the community.

F. CURRENT MAJOR CIP PROJECTS
The construction for the Sand Creek Road
Extension project is currently underway and
expected to be completed in FY 2023/24. This
project is funded partially by Roadway DIFs. The
Wastewater Treatment Plant (WWTP) Expansion –
Phase II project is currently under construction.

This project is funded through a State Revolving
Fund (SRF) loan, which will be repaid in part by
Wastewater DIFs. Additional budget information
regarding CIP projects funded by DIFs is shown in
the table on page 26.

DESCRIPTION OF DEVELOPMENT IMPACT FEES
Water Development Impact Fee – To provide for the expansion of production, storage, transmission, treatment and distribution facilities in the water utility as specified in the City’s Water Master Plan (2017) and DIF Program.

Roadway Development Impact Fee – To provide for traffic improvements necessary to accommodate the increase in traffic generated by new development as specified in the City’s General Plan – Circulation Element and DIF Program.

Parks and Trails Development Impact Fee – To provide for the acquisition and development of parks as specified in the City’s Parks, Trails and Recreation Master Plan Update (2019) and DIF Program.

Wastewater Development Impact Fee – To provide for the expansion of collection and treatment capacities in the wastewater utility and expansion of non-potable water facilities as specified in the City’s Sewer Master Plan (2017), the Recycled Water Feasibility Study (2013) and DIF Program.

Community Facilities Development Impact Fee – To provide for the expansion, design and construction of capital facilities that attain the Community Services and Facilities goals of the City’s General Plan as specified in the City’s CIP and DIF Program.

Fire Development Impact Fee – On July 1, 2022 East Contra Costa Fire Protection District (ECCFPD) merged with Contra Costa County Fire Protection District (ConFire). Prior to the merger the City collected Fire DIFs. All Fire DIF funds and assets were transferred to ECCFPD prior to the merger, and the City ceased collecting the Fire DIF.

Although the City has a Fire DIF in effect, pursuant to City Council Resolution 2020-101, payment of the ConFire DIF will provide a credit against the City’s Fire DIF for each residential unit or non-residential building. If the City’s Fire DIF for a particular development is higher than the amount of the ConFire DIF, payment of the ConFire DIF shall be deemed to fully satisfy payment of the City’s Fire DIF. As such, Sand Creek Road Extension

9 Development Impact Fee Report
the City has not collected any Fire DIF funds subsequent to the merger, and does not expect to collect Fire DIF fees in the future.

The purpose of the Fire DIF is to provide necessary funding for fire facilities required to serve new development in the City through build-out as defined by the General Plan. The transfer of Fire DIF funds to ConFire will continue to support this purpose.

CURRENT FEE SCHEDULE – The DIF Program is reviewed annually in conjunction with the development of the CIP to ensure the DIF Program is accounting for all planned future development. The updated DIF Program information is then used to determine the amount of fees available for the funding of the proposed CIP projects.

Fee Category Single-Family Multi-Family Commercial Office Industrial/
Institutional
Administration $871.39 $511.42 $0.4703 $0.6175 $0.3689
Community Facilities $858.88 $504.07 $0.0122 $0.0160 $0.0096 Parks and Trails $13,076.44 $9,664.80 - - -
Roadways $14,566.61 $9,031.30 $5.4279 $6.5113 $4.0204
Wastewater $7,890.25 $5,831.68 $1.7936 $2.1198 $1.4721
Water $16,290.34 $6,682.22 $1.6777 $2.0648 $1.4339
Total Fees $53,553.91 $32,225.49 $9.38 $11.33 $7.30
(1) Fees updated July 1, 2023, pursuant to City Council Resolution No. 2021-20 DEVELOPMENT FEE PROGRAM (1)
General Plan Build Out
RESIDENTIAL per Unit NON-RESIDENTIAL per Building SF

SCHEDULE OF FEES

10 Development Impact Fee Report

DEVELOPMENT IMPACT FEE REPORT

11 Development Impact Fee Report

Parks and Community
Description Water Roadway Trails Wastewater Facilities Fire

REVENUES
Fees $ 379,269 $ 815,297 $ 771,948 $ 270,851 $ 62,258 $ - Interest 85,025 204,044 57,655 133,394 878 -
Other Revenues 333,312 (1) 47,490 (1) 327 (1) 193 (1) 145,775 (1) - Total Revenues 797,606 1,066,831 829,930 404,438 208,911 -

EXPENDITURES
Expenditures 2,324,512 1,066,213 7,040,831 24,253,156 170,497 - Total Expenditures 2,324,512 1,066,213 7,040,831 24,253,156 170,497 -

REVENUES OVER (UNDER)
EXPENDITURES (1,526,906) 618 (6,210,901) (23,848,718) 38,414 - Fund Balance, Beginning of Year (3,848,708) 14,014,641 6,878,821 (2,685,322) (46,473) - Fund Balance, End of Year $ (5,375,614) (2) $ 14,015,259 $ 667,920 $ (26,534,040) (3) $ (8,059) (4) $ - (5) Notes:
(1)
(2)
(3)
(4)
(5)
Financial Summary Report
Statement of Revenues, Expenditures and Changes in Fund Balance For the Year Ended June 30, 2023
During FY 2021/22, all funds were transferred to ECCFPD.

Development Impact Fees
Other revenues include transfers in associated with CIP project funding timing changes, the closure of CIP projects and developer contributions for fair share improvements.

The Water DIF Fund reports a negative fund balance as a result of bonds payable associated with the Surface Water Treatment Facility. The payable as of June 30, 2023 is $9,193,558.

The Community Facilities DIF Fund reports a negative fund balance due to timing issues which are expected to be corrected over the next few years as development occurs. CIP projects have been funded in advance on the basis of fees being collected in ensuing years. This type of fiscal management is mandatory to support the infrastructure needed to accommodate the planned development.

The Wastewater DIF Fund reports a negative fund balance as a result of notes payable associated with the Recycled Water Projects and WWTP Expansion - Phase II SRF loans. The payable as of June 30, 2023 is $34,847,932.

12 Development Impact Fee Report
Description FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23

REVENUES
Fees $ 1,854,564 $ 1,681,362 $ 3,043,640 $ 4,629,160 $ 379,269 Interest 247,376 243,884 12,734 (350,630) 85,025
Other Revenues 47,326 (1) - 148,095 (1) - 333,312 (1)
Total Revenues 2,149,266 1,925,246 3,204,469 4,278,530 797,606

EXPENDITURES
Expenditures 2,766,079 877,573 1,150,755 4,537,950 2,324,512 Total Expenditures 2,766,079 877,573 1,150,755 4,537,950 2,324,512

REVENUES OVER (UNDER)
EXPENDITURES (616,813) 1,047,673 2,053,714 (259,420) (1,526,906) Fund Balance, Beginning of Year (6,073,862) (6,690,675) (5,643,002) (3,589,288) (3,848,708) Fund Balance, End of Year $ (6,690,675) (2) $ (5,643,002) (2) $ (3,589,288) (2) $ (3,848,708) (2) $ (5,375,614) (2) Revenue Available:

Current Fiscal Year $ - $ - $ - $ - $ -
Prior Fiscal Year (2-yr Old Funds) - - - - -
Prior Fiscal Year (3-yr Old Funds) - - - - -
Prior Fiscal Year (4-yr Old Funds) - - - - -
Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Prior Fiscal Years - - - - -
Total Revenue Available $ - $ - $ - $ - $ -
Result: Five-Year Revenue test met in accordance with Government Code 66001 (d).

Notes:
(1)
(2)
(3)
Water Development Impact Fee Fund
Five-Year Revenue Test Using First In First Out Method (3) Last Five Fiscal Years
Statement of Revenues, Expenditures and Changes in Fund Balance The Water DIF Fund reports a negative fund balance as a result of bonds payable associated with the Surface Water Treatment Facility. The amount payable as of June 30, 2023 is $9,193,558. The fund balance includes the balance owed on the debt and annual debt payments will continue through 2038. This fund has a positive cash and investments balance at June 30, 2023 of $3,396,227.

Other revenues include transfers in associated with the closure of CIP projects.

In using the revenue and expenditure reports to report fees that have been held past the fifth year of first deposit, the total revenues received over the five-year period must be subtracted from the ending fund balance. Any fund balance in excess of the prior five years' revenue must have findings reported in accordance with Government Code 66001 (d). See pages 6 to 7.

13 Development Impact Fee Report
Description FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23

REVENUES
Fees $ 2,142,750 $ 2,628,463 $ 4,922,012 $ 5,280,440 $ 815,297 Interest 607,134 707,124 38,978 (845,403) 204,044
Other Revenues 653,418 (1) 704,522 (1) 1,589,907 (1) 238,771 (1) 47,490 (1) Total Revenues 3,403,302 4,040,109 6,550,897 4,673,808 1,066,831

EXPENDITURES
Expenditures 4,853,491 4,841,343 983,662 4,490,215 1,066,213 Total Expenditures 4,853,491 4,841,343 983,662 4,490,215 1,066,213

REVENUES OVER (UNDER)
EXPENDITURES (1,450,189) (801,234) 5,567,235 183,593 618 Fund Balance, Beginning of Year 10,515,236 9,065,047 8,263,813 13,831,048 14,014,641 Fund Balance, End of Year $ 9,065,047 $ 8,263,813 $ 13,831,048 $ 14,014,641 $ 14,015,259 Revenue Available:

Current Fiscal Year $ 3,403,302 $ 4,040,109 $ 6,550,897 $ 4,673,808 $ 1,066,831 Prior Fiscal Year (2-yr Old Funds) 4,770,120 3,403,302 4,040,109 6,550,897 4,673,808 Prior Fiscal Year (3-yr Old Funds) 891,625 820,402 3,240,042 2,789,936 6,550,897 Prior Fiscal Year (4-yr Old Funds) - - - - 1,723,723
Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Prior Fiscal Years - - - - -
Total Revenue Available $ 9,065,047 $ 8,263,813 $ 13,831,048 $ 14,014,641 $ 14,015,259 Result: Five-Year Revenue test met in accordance with Government Code 66001 (d).

Notes:
(1)
(2)
Roadway Development Impact Fee Fund
Five-Year Revenue Test Using First In First Out Method (2) Last Five Fiscal Years
Statement of Revenues, Expenditures and Changes in Fund Balance Other revenues include developer contributions for fair share improvements and transfers in associated with the closure of CIP projects.

In using the revenue and expenditure reports to report fees that have been held past the fifth year of first deposit, the total revenues received over the five-year period must be subtracted from the ending fund balance. Any fund balance in excess of the prior five years' revenue must have findings reported in accordance with Government Code 66001 (d). See pages 6 to 7.

14 Development Impact Fee Report
Description FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23

REVENUES
Fees $ 1,348,772 $ 1,239,281 $ 1,907,548 $ 6,129,879 $ 771,948 Interest 49,349 69,336 3,612 (191,090) 57,655
Other Revenues 24,372 (1) 21,114 (1) 8,203 (1) 217,676 (1) 327 (1) Total Revenues 1,422,493 1,329,731 1,919,363 6,156,465 829,930

EXPENDITURES
Expenditures 982,918 1,169,213 1,198,890 1,528,014 7,040,831 Total Expenditures 982,918 1,169,213 1,198,890 1,528,014 7,040,831

REVENUES OVER (UNDER)
EXPENDITURES 439,575 160,518 720,473 4,628,451 (6,210,901) Fund Balance, Beginning of Year 929,804 1,369,379 1,529,897 2,250,370 6,878,821 Fund Balance, End of Year $ 1,369,379 $ 1,529,897 $ 2,250,370 $ 6,878,821 $ 667,920 Revenue Available:

Current Fiscal Year $ 1,369,379 $ 1,329,731 $ 1,919,363 $ 6,156,465 $ 667,920 Prior Fiscal Year (2-yr Old Funds) - 200,166 331,007 722,356 - Prior Fiscal Year (3-yr Old Funds) - - - - -
Prior Fiscal Year (4-yr Old Funds) - - - - -
Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Prior Fiscal Years - - - - -
Total Revenue Available $ 1,369,379 $ 1,529,897 $ 2,250,370 $ 6,878,821 $ 667,920 Result: Five-Year Revenue test met in accordance with Government Code 66001 (d).

Notes:
(1)
(2)
Other revenues include transfers in associated with the closure of CIP projects.

In using the revenue and expenditure reports to report fees that have been held past the fifth year of first deposit, the total revenues received over the five-year period must be subtracted from the ending fund balance. Any fund balance in excess of the prior five years' revenue must have findings reported in accordance with Government Code 66001 (d). See pages 6 to 7.

Parks and Trails Development Impact Fee Fund
Five-Year Revenue Test Using First In First Out Method (2) Last Five Fiscal Years
Statement of Revenues, Expenditures and Changes in Fund Balance

15 Development Impact Fee Report
Description FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23

REVENUES
Fees $ 1,492,481 $ 1,528,913 $ 3,479,374 $ 2,839,669 $ 270,851 Interest 594,524 670,243 31,101 (449,605) 133,394
Other Revenues 80,962 (1) - 2,675,904 (1) - 193 (1)
Total Revenues 2,167,967 2,199,156 6,186,379 2,390,064 404,438

EXPENDITURES
Expenditures 1,964,787 2,809,362 298,546 16,941,564 24,253,156 Total Expenditures 1,964,787 2,809,362 298,546 16,941,564 24,253,156

REVENUES OVER (UNDER)
EXPENDITURES 203,180 (610,206) 5,887,833 (14,551,500) (23,848,718) Fund Balance, Beginning of Year 6,385,371 6,588,551 5,978,345 11,866,178 (2,685,322) Fund Balance, End of Year $ 6,588,551 $ 5,978,345 $ 11,866,178 $ (2,685,322) (2) $ (26,534,040) (2) Revenue Available:

Current Fiscal Year $ 2,167,967 $ 2,199,156 $ 6,186,379 $ - $ - Prior Fiscal Year (2-yr Old Funds) 4,297,949 2,167,967 2,199,156 - - Prior Fiscal Year (3-yr Old Funds) 122,635 1,611,222 2,167,967 - - Prior Fiscal Year (4-yr Old Funds) - - 1,312,676 - -
Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Prior Fiscal Years - - - - -
Total Revenue Available $ 6,588,551 $ 5,978,345 $ 11,866,178 $ - $ - Result: Five-Year Revenue test met in accordance with Government Code 66001 (d).

Notes:
(1)
(2)
(3)
Other revenues include transfers in associated with CIP project funding timing changes and the closure of CIP projects. FY 2020/21 includes $2,660,640 in SRF loan forgiveness for the WWTP Phase II - Expansion project.

In using the revenue and expenditure reports to report fees that have been held past the fifth year of first deposit, the total revenues received over the five-year period must be subtracted from the ending fund balance. Any fund balance in excess of the prior five years' revenue must have findings reported in accordance with Government Code 66001 (d). See pages 6 to 7.

Wastewater Development Impact Fee Fund
Five-Year Revenue Test Using First In First Out Method (3) Last Five Fiscal Years
Statement of Revenues, Expenditures and Changes in Fund Balance The Wastewater DIF Fund reports a negative fund balance as a result of notes payable associated with the Recylced Water Projects and WWTP Expansion - Phase II SRF loans. The amount payable as of June 30, 2023 is $34,847,932. The fund balance includes the balance owed on the debt. This fund has a positive cash and investments balance at June 30, 2023 of $3,441,191.

16 Development Impact Fee Report
Description FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23

REVENUES
Fees $ 396,307 $ 438,709 $ 418,454 $ 354,203 $ 62,258
Interest 32,659 37,486 520 (6,432) 878
Other Revenues 266,790 (1) 183,724 (1) - - 145,775 (1)
Total Revenues 695,756 659,919 418,974 347,771 208,911

EXPENDITURES
Expenditures 289,006 220,965 208,180 170,830 170,497
Total Expenditures 289,006 220,965 208,180 170,830 170,497

REVENUES OVER (UNDER)
EXPENDITURES 406,750 438,954 210,794 176,941 38,414
Fund Balance, Beginning of Year (1,279,912) (873,162) (434,208) (223,414) (46,473) Fund Balance, End of Year $ (873,162) (2) $ (434,208) (2) $ (223,414) (2) $ (46,473) (2) $ (8,059) (2) Revenue Available:

Current Fiscal Year $ - $ - $ - $ - $ -
Prior Fiscal Year (2-yr Old Funds) - - - - -
Prior Fiscal Year (3-yr Old Funds) - - - - -
Prior Fiscal Year (4-yr Old Funds) - - - - -
Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Prior Fiscal Years - - - - -
Total Revenue Available $ - $ - $ - $ - $ -
Result: Five-Year Revenue test met in accordance with Government Code 66001 (d).

Notes:
(1)
(2)
(3)
Other revenues include transfers in associated with the closure of CIP projects.

The Community Facilities DIF Fund reports a negative fund balance due to timing issues which are expected to be corrected over the next few years as development occurs. CIP projects have been funded in advance on the basis of fees being collected in ensuing years. This type of fiscal management is mandatory to support the infrastructure needed to accommodate the planned development.

In using the revenue and expenditure reports to report fees that have been held past the fifth year of first deposit, the total revenues received over the five-year period must be subtracted from the ending fund balance. Any fund balance in excess of the prior five years' revenue must have findings reported in accordance with Government Code 66001 (d). See pages 6 to 7.

Community Facilities Development Impact Fee Fund
Five-Year Revenue Test Using First In First Out Method (3) Last Five Fiscal Years
Statement of Revenues, Expenditures and Changes in Fund Balance

17 Development Impact Fee Report
Description FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23

REVENUES
Fees $ 313,790 $ 280,710 $ 52,843 $ - $ -
Interest 264,604 313,924 15,094 59,776 -
Other Revenues - - - 351,295 (1) -
Total Revenues 578,394 594,634 67,937 411,071 -

EXPENDITURES
Expenditures 5,436 27,051 18,172 7,170,696 -
Total Expenditures 5,436 27,051 18,172 7,170,696 -

REVENUES OVER (UNDER)
EXPENDITURES 572,958 567,583 49,765 (6,759,625) -
Fund Balance, Beginning of Year 5,569,319 6,142,277 6,709,860 6,759,625 - Fund Balance, End of Year $ 6,142,277 $ 6,709,860 $ 6,759,625 $ - (4) $ - (4) Revenue Available:

Current Fiscal Year $ 578,394 $ 594,634 $ 67,937 $ - $ - Prior Fiscal Year (2-yr Old Funds) 359,824 578,394 594,634 - - Prior Fiscal Year (3-yr Old Funds) 482,093 359,824 578,394 - - Prior Fiscal Year (4-yr Old Funds) 466,711 482,093 359,824 - - Prior Fiscal Year (5-yr Old Funds) 396,817 466,711 482,093 - - In Excess of Five Prior Fiscal Years 3,858,438 (3) 4,228,204 (3) 4,676,743 (3) - - Total Revenue Available $ 6,142,277 $ 6,709,860 $ 6,759,625 $ - (4) $ - (4) Result: Five-Year Revenue test met in accordance with Government Code 66001 (d).

Notes:
(1)
(2)
(3)
(4) During FY 2021/22, all funds were transferred to ECCFPD.

Fire Development Impact Fee Fund
Five-Year Revenue Test Using First In First Out Method (2) Last Five Fiscal Years
Statement of Revenues, Expenditures and Changes in Fund Balance Other revenues include transfers associated with the closure of a CIP project.

In using the revenue and expenditure reports to report fees that have been held past the fifth year of first deposit, the total revenues received over the five-year period must be subtracted from the ending fund balance. Any fund balance in excess of the prior five years' revenue must have findings reported in accordance with Government Code 66001 (d). See pages 6 to 7.

The Fire DIF Fund reports funds being held past the fifth year of first deposit.

18 NOTES TO THE DEVELOPMENT IMPACT FEE
REPORT

19 Notes to the Development Impact Fee Report
The Notes address two items required by California Government Code Section 66006 (b). First, Notes #1 to #4 provide information on any interfund transfer or loan made from a DIF account or fund, including the public improvement on which the transferred or loaned fees will be expended. In the case of an interfund loan, the date on which the loan will be repaid and the rate of interest the account or fund will receive on the loan is also provided. Second, Note #5 provides information on the amount of refunds made due to sufficient funds being collected to complete financing on incomplete public improvements, and the amount of reallocation of funds made due to administrative costs of refunding unexpended revenues exceeding the amount to be refunded.

NOTE # 1 – BONDS
A. WATER REVENUE REFUNDING BONDS SERIES 2014
On December 4, 2014, the Authority issued $42,810,000 in Water Revenue Refunding Bonds Series 2014 to (1) refund a portion of the Authority’s Water Revenue Bonds, Series 2008 and (2) pay costs of issuance incurred in connection with the issuance, sale and delivery of the 2014 Water Bonds, with interest rates ranging from 3.0 to 5.0%.

During FY 2022/23, the Water DIF Fund paid $674,194 in principal and interest payments on the obligation. Future payment obligations for the 2014 Water Bonds are as follows:

The Authority has pledged future water customer revenues, net of specified operating expenses, through 2038 to repay the 2014 Water Bonds.

B. CAPITAL IMPROVEMENT REVENUE REFUNDING BONDS SERIES 2021 A & B (ROADWAY) On January 11, 2012, the Authority issued $24,060,000 in Brentwood Capital Improvement Revenue Refunding Bonds, Series 2012. A portion of the original bond issuance, $5,940,000, is attributable to the refinance of the 1996 Roadway Bonds. Proceeds from the 1996 bonds were used to fund a portion of Balfour Road; Oak Street; O’Hara Avenue; Sand Creek Road; Lone Tree Way; Griffith Lane; the Walnut Boulevard extension and the Sand Creek Road extension. Total future annual debt service payments to be paid by the Roadway DIF Fund, including interest at 5.00% to 5.375%, range from $404,125 to $407,500. During FY 2022/23, the Roadway DIF Fund paid $406,625 in principal and interest payments on the obligation. Future payments for these bonds are listed on the following page:

Year Ending
June 30 Principal Interest Total
2024 $ 612,904 $ 61,290 $ 674,194
2025 612,904 61,290 674,194
2026 612,904 61,290 674,194
2027 612,904 61,290 674,194
2028 612,904 61,290 674,194
2029-2033 3,064,519 306,451 3,370,970
2033-2038 3,064,519 306,451 3,370,970
Total $ 9,193,558 $ 919,352 $ 10,112,910

20 Notes to the Development Impact Fee Report
On November 2, 2021, the Authority issued $14,450,491 in Capital Improvement Revenue Refunding Bonds Series 2021A (tax exempt) and 2021B (taxable) in a direct purchase with City National Bank to finance the refunding of the 2012 Capital Improvement Revenue Refunding Bonds. The proceeds were used to refinance the existing Brentwood Infrastructure Financing Authority Capital Improvement Revenue Refunding Bonds Series 2012, including the portion of the issuance attributable to the refinance of the 1996 Roadway Bonds. The refunded 2012 bonds were issued to:
1) finance the refund of the 2001 CIP Bonds under a facilities lease and 2) refund a series of tax allocation bonds issued by the Brentwood Redevelopment Agency. The Brentwood Family Aquatic Complex is pledged as collateral for the 2021 bonds and the interest rates on these bonds range from 0.63% to 1.35%.

The bonds are repayable from any source of the City’s available funds and a portion will be funded from the Roadway Development Impact Fee Fund and prior bond refinance savings.

NOTE # 2 – NOTES PAYABLE
A. STATE WATER RESOURCES LOAN (WASTEWATER)
In December 2000, the City entered into a loan contract with the State of California’s State Water Resources Control Board for the purpose of financing the Wastewater Treatment Plant 5 Million Gallons per Day Expansion project. Under the terms of the contract, the City has agreed to repay the State $45,580,886 in exchange for receiving $37,983,920 in proceeds used to fund the project. The difference between the repayment obligation and proceeds amounted to $7,596,966 upon issue and represents in-substance interest on the outstanding balance. This in-substance interest amount has been recorded as a discount on debt at an imputed yield of 1.81% per year and is being amortized over the remaining life of the contract. The loan was originally split 60% new development and 40% existing development.

The first two payments were paid 100% by the Wastewater DIF Fund, and the current balance has been revised to reflect those payments. The Wastewater DIF Fund is now responsible for 56% of principal payments and has fulfilled its fair share of the unamortized discount. During FY 2022/23, the Wastewater DIF Fund repaid $1,262,044 of the obligation and the City’s remaining obligation was $0 at June 30, 2023.

B. State Water Resources Loan (Recycled Water Projects) In July 2017, the City entered into a loan and grant agreement with the State of California’s State Water Resources Control Board for a not-to-exceed amount of $20,802,000 to fund the City’s Recycled Water Projects, which consists of two projects: the Non-Potable Storage Facility, and Citywide Non-Potable Water Distribution System. Project financing consists of a SRF loan and grant funding in the amounts of $14,596,500 and $6,205,500, respectively.

Year Ending
June 30 Principal Interest Total
2024 $ 340,000 $ 65,000 $ 405,000
2025 360,000 47,500 407,500
2026 375,000 29,125 404,125
2027 395,000 9,875 404,875
Total $ 1,470,000 $ 151,500 $ 1,621,500

21 Notes to the Development Impact Fee Report
Certain terms of the agreement were amended in September 2018, under which the City was to start construction no later than June 25, 2018, and amended again in March 2021, under which the construction was to be completed by June 30, 2022 and final disbursement request completed by December 30, 2022. Construction on the project began December, 2017 and final disbursements were received during FY 2022/23. The loan bears annual interest of 1.0%, which begins accruing with each financing disbursement. During FY 2022/23 accrued construction period interest, in the amount of $235,434, was recorded as principal, resulting in total principal due to the State of $14,831,934. As of June 30, 2023, the City’s gross repayment obligation was $14,389,629. The Wastewater DIF Fund is responsible for 50% of principal and interest payments. During FY 2022/23, the Wastewater DIF Fund’s principal and interest paid on this loan was $287,037. Future payment obligations for this loan is as follows:

C. State Water Resources Loan (Wastewater Treatment Plant Expansion – Phase II Project) In December 2019, the City entered into a loan agreement with the State of California’s State Water Resources Control Board for a not-to-exceed amount of $65,102,000 to fund the City’s Wastewater Treatment Plant Expansion – Phase II Project. Project financing will consist of a State Revolving Fund loan of a not-to-exceed amount of $61,246,000 and a principal forgiveness component of $3,856,000.

Certain terms of the agreement were amended in April 2021, under which the City was to have construction completed by December 30, 2024. Construction on the project began in September 2020. The loan bears annual interest of 1.3%, which begins accruing with each financing disbursement. Beginning one year after completion of construction, repayment of the loan principal plus interest will be made annually according to the final payment schedule provided by the state.

As of June 30, 2023, the City has incurred $44,149,639 of eligible project costs and financing disbursement requests have been submitted to the State. During FY 2022/23 accrued construction period interest, in the amount of $406,790, was recorded as principal, resulting in total principal due to the State of $44,556,429. Of this amount, $3,856,000 was allocated by the State as loan forgiveness in FY 2020/21, and the net amount of the note payable is $40,700,429. The Wastewater DIF will be responsible for 69% of the total loan repayment costs. Additionally, the Wastewater DIF is allocated 69% of the loan forgiveness.

Year Ending
June 30 Principal Interest Total
2024 $ 215,089 $ 71,948 $ 287,037
2025 217,240 69,797 287,037
2026 219,412 67,625 287,037
2027 221,607 65,431 287,038
2028 223,823 63,215 287,038
2029-2033 1,153,138 282,049 1,435,187
2034-2038 1,211,958 223,227 1,435,185
2039-2043 1,273,781 161,404 1,435,185
2044-2048 1,338,757 96,429 1,435,186
2049-2052 1,120,009 28,140 1,148,149
Total $ 7,194,814 $ 1,129,265 $ 8,324,079

22 Notes to the Development Impact Fee Report
NOTE # 3 – DEFERRED DEVELOPMENT IMPACT FEES
A. SILENT SECOND
In April of 2002, the City established the Police Officer Recruitment Incentive Program (Silent Second).

Under this program, the City deferred a portion of the DIFs on a single family home for an officer who purchased a new home in the City of Brentwood. The DIF Funds receive payment for these deferred development fees at a rate of 5% of the original deferral amount per year over 20 years. The General Fund is obligated to make the annual 5% payments unless the officer’s employment with the City is terminated prior to full repayment of the deferred DIFs, at which time the remaining balance is immediately due and payable by the officer. The program is now closed to new applicants and will terminate once all of the existing loans have been paid. As of June 30, 2023, the gross repayment obligation to the Water DIF Fund totaled $6,035. During FY 2022/23, the Water DIF Fund received $12,125 in payments on deferred fees.

B. COMMERCIAL, OFFICE & INDUSTRIAL
In 2000, the City enacted a Deferred Fee Payment Program for development fees associated with commercial, office and industrial development. This program allows for the deferral of a portion of the Water, Roadway, Wastewater, and Community Facility Fees. Highlights of the plan include payment of 10% of development fees at permit issuance with the remaining balance, including administrative and interest charges set at 4%, collected as a special assessment on the developer’s property tax bill. In 2009, the program’s repayment schedule was changed from ten years to five years. As of June 30, 2023, there are two developers with outstanding agreements.

NOTE # 4 – DEVELOPMENT REIMBURSEMENTS
A. DEVELOPMENT REIMBURSEMENTS
The Subdivision Map Act requires the City enter into a reimbursement agreement when a developer constructs excess improvements. Per the reimbursement agreement, the City shall reduce the DIFs Balance Balance
Receivable Fund June 30, 2022 Payoffs June 30, 2023
Water Development Impact Fee $ 18,160 $ (12,125) $ 6,035 Total $ 18,160 $ (12,125) $ 6,035
Principal
Developer Receivable Fund Outstanding
Brentwood Walnut B, LLC Water DIF $ 9,342
Brentwood Walnut B, LLC Roadway DIF 34,858
Brentwood Walnut B, LLC Wastewater DIF 12,922
Brentwood Walnut B, LLC Community Facilities DIF 2,956
Rodda Electric Water DIF 19,457
Rodda Electric Roadway DIF 59,439
Rodda Electric Wastewater DIF 19,975
Rodda Electric Community Facilities DIF 145
Total $ 159,094

23 Notes to the Development Impact Fee Report
collected from the developer, in the form of DIF credits, for the costs associated with the design, financing, construction and installation of the excess improvements. The value of credits does not increase for inflation nor do they accrue interest. As of June 30, 2023 the total value of credits was $1,292,765, after a total of $569,259 was used as credits and an additional $509,472 was added by agreements during FY 2022/23. Any unused credits from one development project may be transferred by a developer to another project located elsewhere in the City. Occasionally, credits exceed the fees attributable to the development and another development project is not available to which the excess credits can be transferred to. In these limited situations, the reimbursement agreement requires the City to make annual installment payments to the developer from like DIF funds and no other. Currently, there are two such outstanding agreements.

NOTE # 5 – REFUNDS PAYABLE
A. REFUNDS OF DEVELOPER FEES
When the City no longer needs the funds for the purposes collected, or if the City fails to make required findings or perform certain administrative tasks prescribed by AB 1600, the City may be required to refund, on a prorated basis, to owners of the properties upon which the fees for the improvement were imposed, the monies collected for that project and any interest earned on those funds. At this time, all fees being collected pursuant to the DIF Program have been earmarked for current or future capital projects necessary to maintain the current levels of service within existing service areas to serve new development.

Credits
Developer Payable Fund Outstanding
Signature Homes Parks and Trails DIF $ 52,373
Lennar Homes Water DIF (4,177)
Lennar Homes Wastewater DIF (2,001)
Lennar Homes Roadway DIF (24,141)
Lennar Homes Parks and Trails DIF 217,099
Total $ 239,153

24 DEVELOPMENT IMPACT FEE PROJECT

IDENTIFICATION

25 Development Impact Fee Project Identification
The Development Impact Fee Project Identification table, on page 26, illustrates the following reporting requirements defined by California Government Code Section 66006 (b):
• An identification of each public improvement on which fees were expended and the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
• An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement.

All of the current projects including all funding sources and approximate dates of funding can be found in the 2023/24 – 2027/28 CIP budget on the City’s website at www.brentwoodca.gov.

26 Development Impact Fee Project Identification
Project
Estimated
Construction
Estimated
Completion
Estimated
Project Budget Funding
Estimated
% of
Project
Funded
Current Projects Phase Start Date Date Cost (1) To Date (1) To Date (1) with Fees (2) Water Development Impact Fee
56420 Canal Replacement Cost Share - Segment 5 Construction 2022/23 2024/25 $ 5,280,952 $ 2,112,381 $ 997,254 40% 56410 O'Hara Ave/Lone Tree Way Water Upgrade Preliminary 2025/26 2025/26 1,346,500 673,250 - 50% 56415 Pump Station 2.4 Installation Preliminary 2025/26 2026/27 4,035,000 4,035,000 - 100% 56320 Underground Water System Corrosion Mitigation Construction 2006/07 2023/24 469,216 272,666 272,666 58% Waterline Improvement - Kent Drive Preliminary 2023/24 2023/24 670,000 335,000 - 50% 56417 Waterline Improvement - Pearson Drive/Foothill Drive Design 2023/24 2023/24 970,000 485,000 485,000 50% Total Water Development Impact Fee $ 12,771,668 $ 7,913,297 $ 1,754,920 Roadway Development Impact Fee
31620 Brentwood Boulevard Widening North - Phase I Design 2020/21 2026/27 $ 10,199,000 $ 3,140,127 $ 318,127 31% 31695 Innovation Center @ Brentwood Infrastructure Design 2018/19 2024/25 11,827,000 6,675,000 6,675,000 56% 31701 Lone Tree Way Roadway Improvements Design 2021/22 2025/26 18,563,336 7,600,000 1,350,000 41% 31340 Lone Tree Way - Union Pacific Undercrossing Design 2020/21 2027/28 38,608,000 2,383,584 2,383,584 6% 31700 Sand Creek Road Extension Design 2021/22 2023/24 12,800,000 8,694,359 1,819,359 68% Total Roadway Development Impact Fee $ 91,997,336 $ 28,493,070 $ 12,546,070 Parks and Trails Development Impact Fee
Sand Creek Sports Complex Design 2022/23 2024/25 19,209,718 7,764,696 6,060,000 40% Total Parks and Trails Development Impact Fee $ 19,209,718 $ 7,764,696 $ 6,060,000 Wastewater Development Impact Fee
Highland Way Wastewater Upgrade Preliminary 2027/28 2027/28 $ 1,750,000 $ 875,000 $ - 50% Lone Tree Way/Arroyo Seco Road Wastewater Upgrade Preliminary 2025/26 2026/27 4,176,000 2,088,000 - 50% 59140 Wastewater Treatment Plant Expansion - Phase II Construction 2018/19 2024/25 93,635,000 14,404,221 14,404,221 66% Wastewater Treatment Plant Influent Barscreen Preliminary 2024/25 2024/25 700,000 700,000 - 100% Wastewater Treatment Plant Tertiary Filter Expansion Preliminary 2025/26 2025/26 3,500,000 3,500,000 - 100% Total Wastewater Development Impact Fee $ 103,761,000 $ 21,567,221 $ 14,404,221 Total Project Funding $ 65,738,284 $ 34,765,211
(1)
(2)
Development Impact Fee Project Identification
As of June 30, 2023
Construction
Estimated funding with DIFs may include funding that is anticipated to occur in future years and will be budgeted accordingly in future years' Capital Improvement Programs.

Estimated Project Cost and Budget to Date amounts are from the 2023/24 - 2027/28 CIP . Funding to Date amounts are as of June 30, 2023. Budget to Date and Funding to Date include DIF amounts only. For information on additional funding sources please see the CIP.

Project
Number
Development Impact Fees

CITY COUNCIL AGENDA ITEM NO. F.8
12/12/2023
SUBJECT: Supplement to the Annual Report on the Low and Moderate Income Housing Fund for Fiscal Year 2022/23
DEPARTMENT: Finance & Information Systems
STAFF: Kerry Breen, Director of Finance & Information Systems Sonia Agostini, Accounting Manager

TITLE/RECOMMENDATION
The Supplement to the Annual Report on the Low and Moderate Income Housing Fund ensures compliance with Senate Bill 341 (SB 341) requirements for Housing Successors and will be submitted to the Department of Housing and Community Development (HCD) as an addendum to the Annual Progress Report that will be prepared in Spring 2024. Staff recommends that the City Council receive and file the Supplement to the Annual Report on the Low and Moderate Income Housing Fund for Fiscal Year 2022/23.

FISCAL IMPACT
There is no fiscal impact associated with the City Council receiving this report. The information contained in the Supplement to the Annual Report on the Low and Moderate Income Housing Fund is required by law to be posted on the City’s website and be submitted to the HCD.

BACKGROUND
In addition to serving as the Successor Agency to the former Brentwood Redevelopment Agency (RDA), the City is also serving as Housing Successor. On January 10, 2012, in its capacity as Housing Successor, the City assumed the housing functions of the former RDA. These housing functions included the transfer of formerly designated RDA Low and Moderate Income Housing funds and property.

These assets are required to be maintained by the City in a separate fund and expended in accordance with Health and Safety Code Section 34176.1. The Department of Finance (DOF) has reviewed and approved all Housing Successor related asset transfers from the Successor Agency.

SB 341, which is codified in Health and Safety Code Section 34176.1 and became effective on January 1, 2014, requires each housing successor that assumed the

CITY COUNCIL AGENDA ITEM NO. F.8
12/12/2023
housing functions of a former redevelopment agency to comply with a series of new reporting requirements. These new standards apply to the Low and Moderate Income Housing Fund (“Fund”) of the former redevelopment agency, now owned, operated and administered by the City as Housing Successor. To ensure that the monies in the Fund are expended in accordance with the law, Health and Safety Code Section 34176.1(f) requires an independent financial audit of the Fund within six months of the end of the fiscal year. The independent audit of the City’s Fund was included as part of the City’s Annual Comprehensive Financial Report (ACFR) prepared by City staff and audited by Maze and Associates, the City’s independent auditor. The ACFR, along with the Independent Auditors Report, is scheduled to be presented to the City Council on December 12, 2023, via a separate agenda item. Staff will post the ACFR to the City’s website following presentation to the City Council.

SB 341 also requires annual reporting of 13 specific items. Staff has prepared a supplemental report, attached as Exhibit “A”, in compliance with this requirement.

The report is required to be posted on the City's website, which will occur following the review and receipt of this item by the City Council. The report will also be submitted to HCD as an addendum to the Annual Progress Report provided to HCD concerning the progress of the implementation of the City’s Housing Element.

The report includes the following information:
• There was a $15,447 cash balance in the Fund for the fiscal year ending June 30, 2023, with expenditures of $14 during the period.
• The Fund holds two parcels (1907 and 1909 Jane Way) with a combined statutory value of $512,350. During FY 2021/22, the City reduced the carrying value of these parcels based on a “Broker Opinion of Value” report prepared by a commercial real estate corporation at the City’s request. The City had until September 18, 2017, to either initiate activities consistent with the development of the property for low and moderate housing purposes, or otherwise dispose of the property.
• The Fund holds loans/grants receivable related to affordable housing totaling $5,146,058, although the entirety of this amount is expected to be forgiven. • 47% (160 out of 338) of the affordable housing units assisted by the Housing Successor are restricted for seniors.

CITY COUNCIL AGENDA ITEM NO. F.8
12/12/2023
• There is no “excess surplus” (or unencumbered funds of more than one million dollars, as defined by SB 341) in the Fund.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
Not Applicable

ENVIRONMENTAL DETERMINATION
Not Applicable

ATTACHMENT(S)

1. Previous Action

2. Exhibit “A”– Supplement to the Annual Report on the Low and Moderate Income Housing Fund for the Fiscal Year Ended June 30, 2023

ATTACHMENT 1 – PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

On January 10, 2012, the City Council adopted Resolution No. 2012-07 determining that the City of Brentwood would (1) serve as the Successor Agency to the Brentwood Redevelopment Agency, and (2) elect to retain the housing assets and functions previously held and performed by the former Brentwood Redevelopment Agency.

On December 13, 2022, the City Council received and filed the Supplement to the Annual Report on the Low and Moderate Income Housing Fund for Fiscal Year 2021/22.

1)
None to report
2)
Amount deposited to the LMIHF (comprised entirely of investment income): $ 142.57 Amount deposited for items listed on the ROPS: $ ‐
3)
$ 15,447.14$ 2.65
$ 512,350.00$ ‐
Amounts held for items listed on the ROPS: $ ‐
$ 527,799.79
4)
A) Monitoring affordability restrictions or covenants and administering activities: $ 13.48 B) Homeless prevention and rapid rehousing services: $ ‐ C) Development of housing: $ ‐
Total expenditures from the Low and Moderate Income Housing Fund: $ 13.48 A description of expenditures from the fund by category, including, but not limited to, expenditures (A) for monitoring andpreserving the long‐term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and administering the activities described in paragraphs (2) and (3) ofsubdivision (a), (B) for homeless prevention and rapid rehousing services for the development of housing described inparagraphs (2) of subdivision (a), and (C) for the development of housing pursuant to paragraph (3) of subdivision (a).

City of Brentwood
Supplement to the Annual Report on the Low and Moderate Income Housing Fund For the Fiscal Year Ended June 30, 2023
Accounts Payable:

The amount deposited to the Low and Moderate Income Housing Asset Fund (LMIHF), distinguishing any amounts depositedfor items listed on the Recognized Obligation Payment Schedule (ROPS) from other amounts.

A statement of the balance in the fund as of the close of the fiscal year, distinguishing any amounts held for items listed on the ROPS from other amounts.

Cash balance of the fund as of the close of the fiscal year:

Accrued Interest Receivable:

The amount the city, county, or city and county received pursuant to subparagraph (A) of paragraph (3) of subdivision (b) of Section 34191.4.

Total fund balance:

Land:

Exhibit "A"

City of Brentwood
Supplement to the Annual Report on the Low and Moderate Income Housing Fund For the Fiscal Year Ended June 30, 2023
Exhibit "A"
5)
Statutory value of real property owned by Housing Successor:
1909 Jane Way: $ 286,494.00
1907 Jane Way: $ 225,856.00
Total statutory value of real property: $ 512,350.00
Value of loans and grants receivable:

Christian Church Homes ‐ Sycamore Place 2: $ 1,202,405.21 Eden Housing ‐ Brentwood Senior Commons: $ 154,125.00
Mercy Housing ‐ Villa Amador: $ 2,093,000.00
Christian Church Homes ‐ Sycamore Place 1: $ 314,550.00 Brentwood Senior Commons: $ 400,000.00
Green Valley Apartments: $ 981,977.44
Subtotal value of loans and grants receivable: $ 5,146,057.65 Less amounts expected to be forgiven: $ (5,146,057.65)
Total book value of grants and loans receivable: $ ‐
Total value of real property and grants/loans receivable: 512,350.00 $ 6)
No transfers or projects to report
7)
No projects to report
8)
Per Health and Safety Code 33334.16, the City haduntil September 18, 2017 to initiate activitiesconsistent with the development of property for lowand moderate income housing purposes. Although this date has passed, the City continues to pursueoptions for development of this parcel for low andmoderate income housing purposes. On October 13,2020 the City Council declared these parcels assurplus, thus allowing for the sale of the properties ifLow/Mod use is not able to be arranged. Noadditional interest in real property has been acquiredsince September 18, 2012.

As described in paragraph (1) of subdivision (a), the statutory value of real property owned by the housing successor, thevalue of loans and grants receivable, and the sum of these two amounts.

A description of any transfers made pursuant to paragraph (2) of subdivision (c) in the previous fiscal year and, if stillunencumbered, in earlier fiscal years and a description of and status update on any project for which transferred funds havebeen or will be expended if that project has not yet been placed in service.

A description of any project that the housing successor receives or holds property tax revenue pursuant to the ROPS and thestatus of that project.

For interests in real property acquired by the former redevelopment agency before February 1, 2012, a status update on compliance with Section 33334.16. For interests in real property acquired on or after February 1, 2012, a status update onthe project.NOTE: Section 34176.1 ( e ) which states that “… [w]ith respect to interests in real property acquired by the formerredevelopment agency before February 1, 2012, the time periods described in Section 33334.16 shall be deemed to havecommenced on the date that the [Department of Finance] approved the property as a housing asset.” The DOF approvedthe transfer of all real property holdings, as described in item 4 above, on September 18, 2012.

City of Brentwood
Supplement to the Annual Report on the Low and Moderate Income Housing Fund For the Fiscal Year Ended June 30, 2023
Exhibit "A"
9)
No obligations to report
10)
City is in compliance with California Health and SafetyCode 34176.1 subparagraph (A) and (B) of paragraph(3) of subdivision (a). 11)
A total of 160 out of 338 units are restricted for
senior and assisted living purposes. This equates to47.3% of all deed restricted units from the prior 10years. These figures do not include units funded bythe City's inclusionary housing program. 12)
$ ‐
13)
A) The number of those units None to report
None to reportNone to reportNone to report
The amount of any excess surplus, the amount of time that the successor agency has had excess surplus, and the housingsuccessor's plan for eliminating the excess surplus.

A description of any outstanding obligations pursuant to Section 33413 that remained to transfer to the housing successoron February 1, 2012, of the housing successor's progress in meeting those obligations, and of the housing successor's plansto meet unmet obligations. In addition, the housing successor shall include in the report posted on its Internet Web site theimplementation plans of the former redevelopment agency.

The information required by subparagraph (B) of paragraph (3) of subdivision (a).

NOTE: subparagraph (B) of paragraph (3) of subdivision (a) states: If the housing successor fails to comply with theextremely low income requirement in any five‐year report, then the housing successor shall ensure that at least 50 percent of these remaining funds expended in each fiscal year following the latest fiscal year following the report are expended forthe development of rental housing affordable to, and occupied by, households earning 30 percent or less of the areamedian income until the housing successor demonstrates compliance with the extremely low income requirement in anannual report described in subdivision (f).

An inventory of homeownership units assisted by the former redevelopment agency or the housing successor that aresubject to covenants or restrictions or to an adopted program that protects the former redevelopment agency's investmentof moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3. This inventoryshall include all of the following information:

B) In the first report pursuant to this subdivision, the number of units lost to the portfolio after February 1, 2012, and the reason or reasons for those losses. For all subsequent reports, the number of the units lost to the portfolio in the last fiscal year and the reason for those losses.

C) Any funds returned to the housing successor as part of an adopted program that protects the former redevelopment agency's investment of moneys from the Low and moderate Income Housing Fund.

D) Whether the housing successor has contracted with any outside entity for the management of the units and, if so, the identity of the entity.

The percentage of units of deed‐restricted rental housing units restricted to senior and assisted individually or jointly by thehousing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years in relation to theaggregate number of units of deed‐restricted rental housing assisted individually or jointly by the housing successor, itsformer redevelopment agency, and its host jurisdiction within the same time period.

CITY COUNCIL AGENDA ITEM NO. F.9
12/12/2023
SUBJECT: Combined Community Facilities District (CFD) Annual Report for Special Taxes Levied for Fiscal Year 2022/23
DEPARTMENT: Finance and Information Systems
STAFF: Kerry Breen, Director of Finance and Information Systems Angela Ausemus, Accountant II

TITLE/RECOMMENDATION
The Combined Community Facilities District (CFD) Annual Report for Special Taxes Levied ensures compliance with Section 50075.3 of the California Government Code which requires an annual report be filed with the Legislative body for voter approved special taxes. Staff recommends City Council receive and file the Combined Community Facilities District Annual Report for Special Taxes Levied for Fiscal Year 2022/23.

FISCAL IMPACT
There is no fiscal impact associated with receiving the annual CFD report. For the fiscal year ended June 30, 2023 the City collected $7.9 million in CFD revenues, which was spent primarily on police services ($7.5m) with the remaining amount spent on debt service and administrative costs. The CFD funds have a June 30, 2023 ending balance of $2.1 million.

BACKGROUND
Community Facilities Districts are a special tax funding mechanism for the increased public facilities and services provided by the City, with approximately 90% historically used for police services. These facilities and services include:
 Community Amenities,
 Public Protection and Safety,
 Joint Use School Sites,
 Flood and Storm Drainage Improvements,
 Roadway Maintenance,
 Utility Undergrounding; and
 Open Space
As a standard condition of approval, all new development is required to mitigate the impacts of any project. As such, property owners elect to annex into the CFD as a

CITY COUNCIL AGENDA ITEM NO. F.9
12/12/2023
means to fund the services and facilities provided to address the additional growth and associated impacts.

Section 50075.3 of the California Government Code requires an annual report to be filed with the Legislative body for voter approved special taxes. This annual report must state the amount of funds collected and expended and the status of any construction project that is built with the funding. The Mello-Roos Community Facilities Act of 1982 (Section 53343.1 of the California Government Code) requires that a detailed annual report be prepared for each CFD if requested by a property owner. Among other things, this annual report must detail the special taxes collected within a CFD, the expenditures, the status of any construction activity and a summary of the bonded indebtedness at the time the report is prepared.

In addition, the report includes the delinquency rates by fiscal year for the last ten years for each CFD, which are not required by Section 53343.1. The delinquency rate for all CFDs combined, as a percentage of total amounts levied, have fallen from FY 2021/22 to FY 2022/23, with rates decreasing from 1.37% to 0.77%. While staff has not received a request to prepare the annual report, in an effort to be fiscally transparent, staff has prepared a more detailed report than required under Section 53343.1 of the California Government Code.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

2. 22-23 Combined CFD Annual Report for Special Taxes Levied

ATTACHMENT 1
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

On March 12, 2002, by Resolution No. 2489, City Council approved Local Goals, Policies and Appraisal Standards Concerning the Use of the Community Facilities Act of 1982.

On May 14, 2002, by Resolution Nos. 2544, 2545 and 2546, City Council established the formation of CFD No. 2.

On June 24, 2003, by Resolution Nos. 2907, 2908 and 2909, City Council established the formation of CFD No. 3.

On November 9, 2004, by Resolution Nos. 2004-263, 2004-264 and 2004-265, City Council established the formation of CFD No. 4.

On June 26, 2007, by Resolution Nos. 2007-152, 2007-153 and 2007-154, City Council established the formation of CFD No. 5.

The City Council has taken numerous actions since 2002 to annex property into the various CFDs.

Fiscal Year Ended
June 30, 2023
Combined Community
Facilities District
Annual Report For
Special Taxes Levied
150 City Park Way
Brentwood,Page 297 of 614 CA 94513

2 2022/23 Combined Community Facilities District Annual Report for Special Taxes Levied City Council as of June 30, 2023
Joel Bryant ......................................................................................................................................... Mayor Susannah Meyer ................................................................................................................... Vice Mayor Jovita Mendoza .......................................................................................................... Council Member Tony Oerlemans ......................................................................................................... Council Member Pa’tanisha Pierson ..................................................................................................... Council Member Executive Team as of June 30, 2023
Tim Ogden ............................................................................................................................. City Manager Damien Brower ...................................................................................................................... City Attorney Allen Baquilar ........................................................................................................Interim City Engineer Sukari Beshears ...................................................... Director of Human Resources/Risk Manager Kerry Breen ................................City Treasurer/Director of Finance and Information Systems Darin Gale ............................................................................................................ Assistant City Manager Tim Herbert .......................................................................................................................... Chief of Police Alexis Morris .......................................................................... Director of Community Development Bruce Mulder ...................................................................................Director of Parks and Recreation Casey Wichert ................................................................................. Interim Director of Public Works

4 2022/23 Combined Community Facilities District Annual Report for Special Taxes Levied

EXECUTIVE SUMMARY