Brentwood City Council
March 11, 2025

Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-4
Action H.1d: Monitor At-Risk Projects
Where assisted housing projects are “at risk” of reverting or converting to market rate pricing, develop strategies including potential expenditure of City housing funds to preserve their ongoing affordability.

The City shall identify and implement opportunities to preserve ongoing affordability – such as, but not limited to, financial resources and technical assistance – so that existing affordable units are not at risk of converting to market rate after their restricted affordability term expires. If affordable units will be lost, opportunities to convert existing market-rate units to affordable units shall be investigated by determining whether provision of rehab improvement assistance or purchase of affordability covenants is warranted.

Objectives:
 Monitor units at-risk of converting to market-rate and outreach to property owners to identify resources and programs available to maintain affordability.  Identify and pursue funding opportunities to assist in the preservation of at-risk, affordable units.  Investigate opportunities to convert existing market-rate units to affordable units through rehabilitation improvement assistance.
 Comply with noticing requirements.
 Provide tenant education and assistance through a variety of methods including, but not limited to, informational materials online and in-person at City Hall, annual workshops or informational webinars, and/or partnerships with local organizations and agencies that provide assistance to renters and low-income households.
 Coordinate with qualified entities in identifying solutions to maintaining affordability for units atrisk of converting to market rate.

Timing: Monitor units through the planning period; outreach to property owners by January 2025; investigate opportunities for units at risk of converting to market rate annually; annually identify and pursue funding opportunities; comply with noticing requirements within 3 years, 12 months, and 6 months of the affordability expiration dates; begin coordinating with qualified entities by January 2025 Responsible Agency: Community Development Department
Funding Source: State Funds, County CDBG and HOME Funds, City Housing Fund, and other potential funding sources
Action H.1e: Community Education Regarding the Availability of Rehabilitation Programs Collaborate with the Contra Costa County HOME Consortium and CDBG Urban County to offer educational materials and events for lower-income households, owners, and managers of rental properties, nonEnglish-speaking households, and other special needs groups about available rehabilitation programs and available affordable housing opportunities. Conduct targeted multi-lingual outreach using neighborhood and community organizations, the City and County websites, and various print, broadcast, and online media.

Objectives:
 Collaborate with relevant agencies and organizations to discuss and review available resources.

Agencies and organizations the City currently collaborate and partners with include, but is not limited to, Contra Costa County HOME Consortium, CDBG Urban County, Village Drive Resource Center, ECHO Housing, Inc.
 Continue to host an annual City Council meeting with a CDBG representative to discuss rehabilitation funds for older housing units and programs to assist property owners.  Proactively outreach to households and provide educational opportunities on available programs for special housing needs populations.

Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-5
 Maintain informational materials online.
 Seek to assist in rehabilitating 30 housing units through community education and outreach efforts.

Timing: Annually collaborate with agencies and organizations, review informational materials, and conduct outreach; annually review rehabilitated units and resources available Responsible Agency: Community Development Department; Contra Costa County CDBG/HOME Consortium
Funding Source: County CDBG and HOME funds
Action H.1f: Housing Condition Survey
Maintain a current housing condition survey of a representative sample of all housing units within the City. This survey should include the number of units in need of rehabilitation or replacement.

Objectives:
 Conduct a housing condition survey annually and advertise through the utilities bill, newsletters, newspaper, social media, and on the City’s website.
 Update the housing condition survey and annually monitor the number of units in need of rehabilitation. Update the survey every five years.
 Provide information online on resources available to units in need of rehabilitation.  Identify new programs or actions needed to address units in need of rehabilitation depending on the data collected by the survey. This may include allocating additional funding towards assisting homeowners with upgrades, conducting informational workshops on available resources, sending out mailers to households in need of rehabilitation with resources, or other similar actions.

Timing: Update the survey by January 2025; update the survey every following five years; annually conduct the survey and provide information online on resources available Responsible Agency: Community Development Department
Funding Source: General Fund
Action H.1g: Residential Design Guidelines
Continue implementation of the City’s approved Residential Design Guidelines and encourage a variety of housing types to continue to provide safe, sound, and attractive for units all residents. The intent of these guidelines is to express the housing design features the City would like to encourage in order to improve certainty and to minimize the processing time for design review applications. The City will also review the Residential Design Guidelines for subjective language and adopt modifications to promote objectivity – as of January 24, 2023, the City Council has approved to create objective standards for all residential uses by the end of 2023.

Objectives:
 Implement the Residential Design Guidelines.
 Annually meet with housing developers to provide them with information on the Residential Design Guidelines and receive input and feedback. If constraints are identified as part of the feedback received, the City will adopt amendments within 6 months.

Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-6
Timing: Annually meet with developers, and adopt amendments within 6 months if feedback is received identifying constraints; amend the Residential Design Guidelines by January 2024; implement the guidelines throughout the 2023-2031 planning period
Responsible Agency: Community Development Department
Funding Source: General Fund, SB 2 Planning and Development Grant Action H.1h: Code Enforcement
Continue to provide both proactive and reactive code enforcement to encourage adherence to and address land use regulations and State and local laws, health and safety concerns, property maintenance, and nuisance conditions.

Objectives:
 Maintain code compliance.
 Assist homeowners in addressing code enforcement violations through technical assistance. The Code Enforcement Division currently mails informational materials to all new homeowners quarterly, and they also attend community events to provide educational materials and speak at HOAs.
 Seek and pursue funding opportunities to provide resources for homeowners.

Timing: Annually review the number and type of code enforcement cases, assist homeowners through technical assistance, and pursue funding opportunities
Responsible Agency: Community Development Department
Funding Source: General Fund
Action H.1i: Water Conservation Program
Continue implementation of the City's Water Conservation Program. The program promotes the use of water conservation devices in existing structures, including use of low-flow toilets and shower heads, and water-conserving landscaping.

Objectives:
 Implement the Water Conservation Program.

Timing: Review effectiveness annually; changes, if necessary, to be made within one year Responsible Agency: Public Works Department
Funding Source: CDBG, Water Enterprise
Action H.1j: Energy Efficient Design
Continue to implement the California Green Building Standards Code (CalGreen), encouraging new development and substantial rehabilitation projects to achieve a greater reduction in efficiency and conservation where feasible. Continue to encourage new development projects to meet LEED standards and apply for LEED certification.

Objectives:
 Implement the California Green Building Standards Code.  Provide information on LEED certification online and outreach to housing developers with informational materials.

Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-7
Timing: Review the California Green Building Standards Code for updates every three years; annually outreach to developers with information and maintain updated information online Responsible Agency: Community Development Department
Funding Source: General Fund
Action H.1k: Condominium Conversion
Continue implementation of the City’s adopted condominium conversion ordinance to regulate conversions of multi-family units and to mitigate tenant displacement and minimize displacement of seniors, disabled, and low- and moderate-income residents. Continue monitoring of condominium conversions to insure that a proposed conversion would not result in a disproportionate balance of available rental housing with a variety of choices in tenure, price, unit sizes, amenities, and location in the community. The City did not see any condominium conversions during the 5th cycle.

Objectives:
 Monitor condominium conversions.

Timing: Annually review condominium conversions and adopt ordinance amendments, if necessary Responsible Agency: Community Development Department
Funding Source: General Fund
Action H.1l: Farmworker and Employee Housing
California Health and Safety Code Sections 17021.5 and 17021.6 requires agricultural employee housing for six or fewer persons to be permitted by-right, without a Conditional Use Permit or other discretionary permit that is not likewise required of a family dwelling of the same type in the same zone, in single-family residential zoning districts, and in agricultural zones with no more than 12 units or spaces designed for use by a single family or household or 36 beds in a group quarters. The City shall amend the Zoning Code to comply with these State requirements. The Zoning Code shall also be amended to permit employee housing consisting of no more than 12 units or 36 beds in the same manner as other agricultural uses in the same zone.

Objectives:
 Amend the Zoning Code to comply with State requirements regarding farmworker and employee housing.

Timing: Amend the Zoning Code by January 2025
Responsible Agency: Community Development Department
Funding Source: General Fund
Action H.1m: Senate Bill 35 Streamlining
The City shall establish written procedures to comply with California Government Code Section 65913.4 and publish those procedures for the public, as appropriate, to comply with the requirements of Senate Bill 35 (SB 35), Chapter 366 Statutes 2017. These requirements apply at any point in time when the City does not meet the State mandated requirements, based upon the SB 35 Statewide Determination Summary Report for Housing Element progress and reporting on Regional Housing Needs Assessment (RHNA). The City shall process development projects with at least 50 percent affordable units through a streamlined permit process set forth in State law. All projects covered by SB 35 are still subject to the objective development standards of the Brentwood Municipal Code, including the Building and Fire Codes.

However, qualifying projects cannot be subject to discretionary review or public hearings; and in many

Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-8
cases, the City cannot require parking. Reduced parking requirements would be established consistent with the requirements of SB 35 for qualified streamlining projects.

Objectives:
 Establish SB 35 procedures and provide information online.  Develop and implement the program.

Timing: By January 2025
Responsible Agency: Community Development Department
Funding Source: General Fund
Action H.1n: Residential Incentives
The Sites Inventory (Appendix B) identifies sites that allow mixed use development. To encourage residential development on these sites and maximize the development potential identified in the Sites Inventory, the City will promote existing residential incentives and identify potential new incentives as appropriate, including but not limited to, priority processing, granting fee waivers, granting concessions, providing technical assistance, providing funding support, and/or other similar incentives.

Objectives:
 Promote existing incentives and identify potential new incentives for the development of residential uses on sites identified in the Sites Inventory that allow both residential and nonresidential uses.  Establish and implement a residential incentives program to encourage residential development on mixed use sites. Annually promote the program to the development community.

Timing: Annually review and promote residential development incentives; establish and implement a residential incentives program by January 2025 promote the program to the development community annually
Responsible Agency: Community Development Department
Funding Source: General Fund
Action H.1o: Safety Element Update
Senate Bill 1035 (SB 1035), Chapter 733 Statutes 2018 requires that the City revise the Safety Element to identify flood hazards and address the risk of fire hazards in certain lands upon each revision of the Housing Element. The City Council shall adopt amendments to the Safety Element in accordance with the requirements of SB 1035. Objectives:
 Adopt an updated Safety Element, which identifies and addresses flood and fire hazards.

Timing: By January 2025
Responsible Agency: Community Development Department, City Council Funding Source: General Fund
Action H.1p: Replacement Housing
The City may have existing non-vacant sites included within the sites inventory that may contain vacant or demolished residential units that were occupied by lower-income households or households subject to affordability requirements within the last five years. The City will adopt a formal replacement housing program to ensure any units currently occupied by lower-income households, or households subject to affordability requirements within the last five years, that are lost for housing units are replaced in compliance with Government Code Section 66300.

Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-9
Objectives:
 Adopt a replacement housing program for units lost that are currently occupied by lower-income households or households subject to affordability requirements of Government Code Section 66300 within the last five years.

Timeframe: Adopt program by January 2025
Responsible Agency: Community Development Department, City Council Funding Source: General Fund
Action H.1q: No Net Loss
Consistent with SB 166 (No Net Loss), the City will monitor housing sites to ensure adequate sites to accommodate the remaining unmet RHNA by each income category are maintained at all times. Reporting is anticipated to coincide with preparation of the Annual Progress Reports. The City will track each site in its inventory and report annually to the City Council on the adequacy of available sites compared to the progress made towards meeting the RHNA.

If residential development is not sufficiently progressing towards building permits or if the City is not meeting the pro-rated share of the RHNA at all income levels by midway through the planning period, the City will evaluate its sites inventory and capacity to maintain adequate sites throughout the planning period and, if necessary, identify strategies to streamline and/or assist projects through entitlement (including, but not limited to, technical assistance, expedited review, and/or support of funding applications), adopt amendments to the ADU development regulations, or implement other strategies, such as General Plan and zoning changes to allow for greater residential densities.

Objectives:
 Monitor housing sites to ensure adequate sites to accommodate the remaining unmet RHNA by each income category.

Timeframe: Annually track status of identified sites and report to City Council (by April 1 of each year) Responsible Agency: Planning Division
Funding Source: General Fund
Action H.1r: Parking Standards for Studios and 1-Bedroom Units The City shall amend its parking standards for multi-family by requiring 1.5 parking spaces per 1-bedroom units and 1 parking space per 0-bedroom units.

The City will also continue to provide parking reductions as needed and for projects that comply with the City’s Affordable Housing Ordinance.

Objectives:
 Adopt Zoning Code updates for multi-family unit parking requirements by requiring 1.5 parking spaces per 1-bedroom units and 0.5 spaces per 0-bedroom units.

Timeframe: Adopt the Zoning Code updates by January 2025 Responsible Agency: Planning Division
Funding Source: General Fund
Action H.1s: CUP and Design and Site Development Review Findings As part of the Zoning Code Update, the City shall amend approval findings for CUP and Design and Site Development Review applications to replace subjective language with objective standards.

Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-10
Objectives:
 Adopt Zoning Code updates removing subjectivity in application findings for CUPs and Design and Site Development Reviews.

Timeframe: Adopt the Zoning Code updates by January 2025 Responsible Agency: Planning Division
Funding Source: General Fund
Action H.1t: Mid-Point Policy
The City shall remove its mid-point policy to remove any added discretion or constraints, such as requiring the exercise of transferable agricultural credits, significant added amenities, extensive off-site public improvements, or other significant improvements for projects requesting densities above the mid-point for all residential land use categories.

Objectives:
 Adopt Zoning Code/General Plan updates removing discretion or constraints, such as requiring the exercise of transferable agricultural credits, significant added amenities, extensive off-site public improvements, or other significant improvements for projects requesting densities above the mid-point for all residential land use categories.

Timeframe: Adopt the Zoning Code/General Plan updates by January 2025 Responsible Agency: Planning Division
Funding Source: General Fund

Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-11
H.2 - Affordability Goal
Encourage housing that is affordable to all socio-economic segments of Brentwood’s population.

Housing Policies
 Policy H.2-1: Encourage housing affordable and appropriate for a variety of Brentwood households at all economic levels throughout the City.
 Policy H.2-2: Support the use of available local, County, State, and Federal housing assistance programs.
 Policy H.2-3: Assist and cooperate with non-profit, private, and public entities to maximize opportunities to develop and preserve affordable housing.  Policy H.2-4: Review and modify, when necessary, all standards and application processes to ensure that none act to constrain the production of affordable units.

Implementing Actions
Action H.2a: Compliance with Affordable Housing Ordinance All new residential projects shall provide affordable housing units in accordance with the City’s adopted Affordable Housing Ordinance Chapter 17.725. The City will continue to review and monitor the ongoing effectiveness of the City’s affordable housing ordinance to ensure developers provide a certain percentage of new homes to qualifying households at an affordable cost for the longest feasible time. The ordinance shall also continue to include a list of automatically available development incentives to encourage the construction of the inclusionary units, as well as provide the details for available alternatives to satisfy inclusionary housing obligations.

In 2022, the City approved an amendment to the Ordinance requiring multi-family developments to construct the required affordable units, instead of paying in-lieu fees, if the project proposes nine or more units. The City will continue to enforce this new requirement.

Objectives:
 Annually monitor development of affordable housing units and adjust ordinance as needed.  Provide information on the Affordable Housing Ordinance online and annually outreach to housing developers to provide information on the Ordinance.

Timing: Annually monitor affordable housing production and provide information to housing developers
Responsible Agency: Community Development Department
Funding Source: City Housing Fund
Action H.2b: Additional Development Incentives for Affordable Housing Use voluntary incentives to encourage the production of affordable housing, particularly housing affordable to extremely low-, very low-, and low-income groups, and provide incentives for the production of affordable housing where appropriate. Examples of such additional incentives include, but are not limited to, the following:

Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-12
 Fast track processing. By expediting the development review process, carrying costs for lands being developed with affordable housing can be minimized.  Fee Deferrals. Continue the provision of financial assistance for projects ensuring the long-term affordability of housing for very low- and low-income households through the use of additional fee deferrals of development processing and development impact fees until issuance of final inspection or 12 months from the date of deferral, whichever occurs first, or other similar incentives, so as to ensure the project’s economic feasibility.  Flexible Development Standards. Modification of the City’s standards or approval of design modifications that increase the flexibility of the construction of affordable units for the necessary financial or other feasibility of the affordable housing development. Such modifications may include reduced lot sizes, home sizes, setback requirements, interior amenities, open space, and landscaping requirements.
 Direct Financial Assistance. Establish procedures, by January 2025, for the provision of direct financial assistance, if available, in the form of a loan or grant from the City housing funds for development of ownership and/or rental units affordable to lower income households in accordance with the City’s affordable housing ordinance. Seek and pursue funding opportunities to enable the provision of financial assistance for the development of affordable units.  Additional Concessions and Incentives. On a case-by-case basis, implement the provision of additional concessions or incentives consistent with State law and Brentwood’s Housing Element for affordable units that exceed the requirements of the City’s affordable housing ordinance.

Objectives:
 Provide incentives to affordable housing projects to encourage development of units.

Timing: Annually review incentives and effectiveness of the program; if necessary, changes to be made within one year; Establish direct financial assistance procedures by January 2025 and pursue funding annually
Responsible Agency: Community Development Department
Funding Source: City Housing Fund, and other potential funding sources Action H.2c: First-Time Homebuyer Assistance Program
The City shall continue providing first-time homebuyer assistance services, either directly or through the Contra Costa Urban County and/or HOME Consortium, to lower income Brentwood residents to facilitate homeownership. This may include educational materials, referral information to existing programs, and/or down payment assistance depending upon available City financial resources.

Objectives:
 Provide informational materials on the First-Time Homebuyer Assistance Program online and outreach to the community.
 Annually host an in-person First-Time Homebuyer workshop with approved lenders, community groups, credit counseling, and other relevant groups/organizations to provide assistance to potential homebuyers.
 Assist 20 households in accessing First-Time Homebuyer assistance during the planning period.

Timing: Annually review households assisted and outreach conducted; annually host workshops Responsible Agency: Community Development Department
Funding Source: City Housing Fund/County CDBG and HOME Funds

Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-13
Action H.2d: Affordable Housing Assistance
Review the variety of potential financial assistance programs from both the public and private sectors to provide more affordable housing units. All available local, State, Federal, and private affordable housing programs for new housing and for the conservation and/or rehabilitation of existing housing will be identified for pursuit. City housing funds and other potential funding sources shall be leveraged to the greatest extent possible to create and preserve housing affordable to Brentwood’s workforce by encouraging developers to layer available public housing funds.

Objectives:
 Annually identify, pursue, and make affordable housing development funds available for affordable housing projects.
 At the time an application is submitted for affordable housing, the City shall review available funding sources and programs to determine if there are funds available for the project to claim.  Provide technical assistance for developers to access financial assistance and funding sources.  Coordinate with other public agencies to access resources and pursue funding opportunities.  Utilize the Senior Analyst that manages affordable programs to be the point-of-contact for developers seeking information and assistance, as well as to identify and pursue funding opportunities.
 Through these resources and assistance, aim to facilitate the development of 50 extremely low-, 50 very low-, and 50 low-income units during the planning period.

Timing: Annual coordination with public agencies; review programs on a case-by-case basis; review affordable units annually; annually identify and pursue funding opportunities Responsible Agency: Community Development Department
Funding Source: Private resources, County CDBG and HOME Funds, Federal and State funds, City Housing Fund, and other potential funding sources
Action H.2e: Partnership Program
When non-profit, private, and other public entities indicate interest in the development of affordable housing, the City will initiate a first meeting and subsequent follow-up contact to examine opportunities for cooperative efforts to expand the City’s supply of affordable housing. In addition to coordinating with interested entities, the City will proactively conduct outreach efforts to market available incentives and opportunities. Outreach may include, but is not limited to, email blasts, meetings, and phone calls with developers; website notices; social media posts; and other similar actions.

Objectives:
 Meet with developers and outside agencies when interest is expressed and follow up annually.  Outreach to local and regional nonprofits and other entities engaged in building affordable housing to identify partnership opportunities.
 Host builder and developer roundtable meetings to identify opportunities and market available incentives and resources.
 Proactively market candidate sites and incentives to the development community to build relationships and interest.

Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-14
Timing: Meet with developers and agencies on a case-by-case basis based on interest and annually follow-up; annually conduct proactive outreach to nonprofits and other entities to identify partnership opportunities; annually host a building and developer roundtable meeting; annually proactively market candidate sites and incentives to the developer community Responsible Agency: Community Development Department
Funding Source: Private resources, County HOME and CDBG Funds, Federal and State funds, City Housing Fund, and other potential funding sources
Action H.2f: Support Housing Sponsors
Support non-profit and for-profit corporations in their efforts to make housing more affordable to lowerand moderate-income households. These efforts include, but are not limited to, written support letters for grant applications, identifying available sites for housing development (see related efforts in Program H.2e), City involvement in the development of such sites, and City financial support and contact of housing sponsors on an annual basis. This also includes collaborating with non-profit organizations or affordable housing developers in developing City-owned parcels with affordable housing units.

Objectives:
 Contact interested housing sponsors on an annual basis.  Establish and implement a housing sponsors program aimed at supporting the development of affordable units though the following actions such as, but not limited to, support of grant applications, identifying available sites for housing development, City involvement in the development of such sites, and City financial support and contact of housing sponsors.  Aim to facilitate the development of 50 affordable units from local partnerships and the housing sponsors program.

Timing: Annually outreach and review affordable housing units; biennially review efforts and make changes, if necessary; Establish the housing sponsors program by January 2024 Responsible Agency: Community Development Department
Funding Source: Private resources, HOME Funds, CDBG Funds, Federal and State Funds, City Housing Fund, and other potential funding sources
Action H.2g: Streamline Application Process
Continue efforts to streamline and improve the development review process, as well as eliminate any unnecessary delays and restrictions in the processing of development applications.

Objectives:
 Biennially review development review processes and meet with developers to identify potential constraint to the development of housing. If constraints are identified as part of the feedback received, the City will adopt amendments within 6 months.

Timing: Biennially meet with developers and review processes, and adopt amendments within 6 months if feedback is received identifying constraints
Responsible Agency: Community Development Department
Funding Source: General Fund

Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-15
Action H.2h: Land Acquisition
The City shall identify opportunities to acquire appropriately located and residentially zoned land for the purpose of partnering with profit and non-profit developers to construct new affordable housing.

Objectives:
 Identify potential residential land for affordable housing, to the extent that financial and staff resources are available to proceed with purchase of land.  Pursue funding opportunities for the acquisition of land for the purpose of partnering with organizations and developers to develop affordable housing.

Timing: Annually; 2023-2031
Responsible Agency: Community Development Department, City Council Funding Source: City Housing Fund and other potential funding sources Action H.2i: Density Bonus Ordinance
Assembly Bill 2345 (AB 2345), Chapter 197 Statutes 2020 requires a density bonus of up to 50 percent when a qualifying percentage of Below Market Rate (BMR) units are proposed. Among other things, Government Code Section 65915 also authorizes an applicant to receive:
 Two incentives or concessions for projects that include at least 17 percent of the total units for lower-income households, at least 10 percent of the total units for very low-income households, or at least 20 percent for persons or families of moderate-income in a development in which the units are for sale;
 Three incentives or concessions for projects that include at least 24 percent of the total units for lower-income households, at least 15 percent of the total units for very low-income households, or at least 30 percent for persons or families of moderate-income in a development in which the units are for sale; and
 Four incentives or concessions for projects that meet additional State law requirements The City shall update its Density Bonus Ordinance to comply with State law requirements.

Objectives:
 Update the Density Bonus Ordinance in compliance with State law requirements. As of February 2023, the City Council has authorized Staff to move forward with a focused update of the Zoning Ordinance, including the Density Bonus Ordinance, and is anticipated to be completed by mid2024.

Timing: By December 2024; review annually and update as necessary; 2023-2031 Responsible Agency: Community Development Department
Funding Source: General Fund
Action H.2j: Priority Building Inspections for Affordable Housing Projects The City will give priority to low- and very low-income housing projects for building inspections carried out during various stages of the construction process.

Objectives:
 Provide priority building inspections to housing projects with lower-income units.

Timing: On a case-by-case basis; 2023-2031
Responsible Agency: Community Development Department
Funding Source: General Fund

Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-16
Action H.2k: Support Flexibility for Certain Residential Development Standards The City has adopted development standards for all residential zoning designations and, as of February 2023, has begun the process of drafting objective development standards. However, applicants may elect to propose their own development standards through the rezoning and planned development amendment processes. The City shall provide the guidance and direction to foster context sensitive development that enhances the community while providing greater flexibility to encourage future development.

Objectives:
 Provide information online on programs available for projects proposing affordable housing units and collaborate with developers on potential opportunities for flexible development standards on certain vacant lots.
 Adopt objective development standards and conduct community and developer outreach as part of the process. This outreach may include, but is not limited to, workshop, meetings, informational handouts, e-blasts, newsletters, and phone calls.

Timing: Annually review affordable housing unit development; collaborate with developers on a caseby-case basis; Adopt objective development standards by January 2024 Responsible Agency: Community Development Department
Funding Source: General Fund
Action H.2l: Development Fees
The City shall monitor required development fees including in-lieu fees, development impact fees, and processing fees, with the aim of reducing constraints on the development of affordable residential projects, including, but not limited to, senior housing, housing for farmworkers, emergency/transitional housing, housing for persons with disabilities (including developmental), single room occupancies, and accessory dwelling units. To respond to changing local market conditions during the planning period, the City shall revise required development fees, if it is deemed appropriate.

Where fees are established and administered by regional agencies, such as the Regional Transportation Development Impact Fee, the City shall request the administering agency to review and reduce fees if the City has determined that the agency’s fee is constraining residential development, particularly development of affordable housing and/or housing for special needs groups.

Objectives:
 Address potential constraints to affordable housing as it relates to development fees.  Conduct a Community Development comprehensive fee update.

Timing: Annually monitor and review development fees; if changes are deemed necessary, amend fee schedules or collaborate with external agencies to amend fee schedules within one year; Conduct a Community Development comprehensive fee update for Fiscal Year 2024-2026 Responsible Agency: Community Development Department
Funding Source: General Fund

Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-17
Action H.2m: Water and Sewer Priority
Following adoption of the Housing Element, the City shall provide the water and sewer providers with a copy of the Housing Element. The copy of the Housing Element will be accompanied by a letter identifying the City’s 2023-2031 RHNA allocation for lower- income units and will refer the water and sewer providers to the requirements of State law set forth at Government Code Section 65589.7 regarding the granting of a priority for provision of water and sewer services to proposed developments that include housing units affordable to lower-income households.

Objectives:
 Comply with requirements of State law associated with provision of Housing Element to water and sewer providers.

Timing: Upon adoption of the 2023-2031 Housing Element, and immediately following the adoption of subsequent amendments to the Housing Element
Responsible Agency: Community Development Department
Funding Source: General Fund
Action H.2n: Affordability Monitoring
Continue to require affordable housing projects that receive City assistance to enter into an affordable housing agreement with the City that includes provisions to ensure initial and continuing affordability – this is required per Ordinance. For rental projects, the affordable housing agreement shall include provisions requiring annual monitoring to ensure that the affordable units are assisting income-eligible households. For for-sale projects, the affordable housing agreement shall include sale and resale provisions that ensure the execution and recordation of deed restrictions to ensure continued affordability for the term of the affordable housing agreement.

Objectives:
 Monitor affordable housing projects that receive City assistance.  Per City Ordinance, continue to require affordable housing projects that receive City assistance to enter into an affordable housing agreement with the City that includes provisions to ensure initial and continuing affordability.

Timing: Monitor existing and proposed affordable housing projects on a project-by-project basis; 2023- 2031
Responsible Agency: Community Development Department
Funding Source: General Fund
Action H.2o: By-Right Development of 5th and 4th Cycle Sites Pursuant to Government Code section 65583.2(c), allow by-right development for projects proposing 20 percent or more of the total units as affordable to lower income households if the site is non-vacant and previously identified with the same zoning in the 5th Cycle Housing Element or if the site is vacant and previously identified with the same zoning in the 5th and 4th Cycle Housing Elements. Please see Table B-8 within the Candidate Sites Analysis for applicable sites.

Objectives:
 Allow by-right development for qualifying sites pursuant to Government Code section 65583.2(c).

Timeframe: These provisions shall take effect upon adoption.

Responsible Agency: Community Development Department
Funding Source: General Fund

Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-18
Action H.2o: Monitor Effects of Regional Fees
Like other jurisdictions in the county, Brentwood is subject to regional transportation impact fees levied by Contra Costa County. The City shall monitor the effects of these fees on housing costs and production and continue to work with the East Contra Costa County Regional Fee and Financing Authority (ECCCRFFA), a Joint Powers Authority (JPA) that levies the fee and operates through the TRANSPLAN Committee, to ensure that the fees are equitable and appropriately applied and adjusted. The City shall also support, and work with the ECCCRFFA to pursue, a fee reduction or exemption for high-density housing near transit, and affordable housing developments, as feasible.

Objectives:
 Continue to appoint one City Council Member and one Planning Commissioner to represent the City of Brentwood on the ECCCRFFA.
 Continue to participate in regular meetings of the JPA, and work with the other members of the ECCRFFA to pursue and support reductions to the regional fee for higher-density residential uses near major transit stops and affordable housing developments.

Timeframe: Periodically and throughout the planning period, as fees are reevaluated Responsible Agency: City Council and Planning Commission Funding Source: General Fund

Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-19
H.3 - Equitable Distribution of Affordable Housing Goal Encourage an equitable distribution of housing for all economic groups throughout the community.

Housing Policies
 Policy H.3-1: Facilitate the integration of new lower income households into the fabric of the community, avoiding, where feasible, identifying housing developments or portions of a development as being restricted to very low-, low-, or moderate-income households.  Policy H.3-2: Facilitate infill and new residential projects within all areas of the City as a means of making each neighborhood more attractive for all types of housing units thereby encouraging future private economic investment in the community.
 Policy H.3-3: Maintain an inventory of lands that equitably distributes, through General Plan land use designations and zoning, low-, medium-, high-, and very high-density residential development throughout the community.

Implementing Actions
Action H.3a: Affordable Housing Design and Distribution All affordable units within a mixed-income subdivision shall be harmonious and comparable to the market-rate units in exterior design, quality of materials and architectural elements, and overall construction quality. Affordable units may have different interior amenities and/or slightly different dimensions than market rate units in a residential development. Affordable units in a mixed-income development shall be dispersed throughout the residential development so as to prevent the concentration of affordable units.

Objectives:
 Monitor affordable housing design and distribution requirements and make information on requirements available to developers and the community online.  Adopt revisions to mixed-use design requirements following the adoption of the objective development standards.

Timing: Monitor requirements as projects are proposed; provide informational materials online by January 2025; review and update, if necessary, on a biennial basis; Adopt revisions following the adoption of the objective development standards
Responsible Agency: Community Development Department
Funding Source: General Fund
Action H.3b: Community Education
Continue to educate the community about annual incomes for typical occupations and the equivalent “buying power” of these incomes in today’s housing market. As part of this program, ensure that the community is aware of the income ranges of very low-, low-, and moderate-incomes, and of the typical occupations that fall into these categories.

Objectives:
 Maintain informational materials online.

Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-20
 Annually host events/workshops to inform the community of affordable housing programs and provide informational sessions on the housing market, density examples, and community need.  Annually create and advertise informational materials related to housing such as, but not limited to, the housing market, resources available to the community, development projects, what different densities look like, FAQ on affordable units, and the inclusionary ordinance.

Timing: Update materials by January 2025; review and update, if necessary, on a biennial basis; host community events annually; Create and advertise informational materials annually Responsible Agency: Community Development Department
Funding Source: General Fund, City Housing Fund
Action H.3c: Development Incentives
Maintain the existing package of incentives to facilitate development of housing intended for extremely low-, very low-, low-, and moderate-income households in a manner which does not distinguish such “affordable” housing from “market rate” housing in the same area. Provide package to housing developers and interested parties at meetings and on the City’s website.

Objectives:
 Provide a package to relevant entities and online summarizing available incentives for the development of units affordable to lower- and moderate-income households.  Biennial review of the incentive package with the development community to receive feedback on the efficacy of the incentives. Within one year of receiving feedback, identify if changes to the package are necessary to further incentivize affordable development.

Timing: Update materials by January 2024; review and update, if necessary, on a biennial basis Responsible Agency: Community Development Department, Planning Commission, City Council Funding Source: General Fund
Action H.3d: Marketing Materials
Prepare marketing materials to be provided to the building industry, outlining opportunities for the development of housing projects. The City shall provide materials to housing developers and interested parties at meetings and on the City’s website.

Objectives:
 Provide marketing materials to affordable housing developers and include an inventory of sites and information regarding housing needs (also see similar actions in Action H.2e and H.2f).

Timing: Update materials by January 2024; review and update on a biennial basis Responsible Agency: Community Development Department
Funding Source: General Fund, City Housing Fund, and other potential funding sources Action H.3e: Meet with Potential Developers
As infill sites become available on the open market, the City shall actively seek out potential developers as a means of generating interest on their part to undertake residential projects.

Objectives:
 Outreach to developers with potential residential development opportunities.

Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-21
Timing: Annually outreach to developers; annual review of developer interest and outreach methods Responsible Agency: Community Development Department
Funding Source: General Fund, City Housing Fund, and other potential funding sources Action H.3f: Housing for Extremely Low-, Very Low-, and Low-Income Residents Assist developers in accessing City, County CDBG and HOME Funds, Federal, and State housing development programs and funds to undertake development of housing projects for extremely low-, very low-, and low-income households.

Objectives:
 Meet with housing developers to discuss available programs and funding sources to develop lower-income housing units.
 Provide technical assistance to affordable housing developers in the form of one-on-one meetings to review applications and potential projects with affordable housing staff, share financing and funding resources, connect potential applications to other agencies or organizations with additional resources and assistance.
 Provide written support letters for funding applications from affordable housing developers.

Timing: Annually meet with developers; annually provide technical assistance and support funding applications
Responsible Agency: Community Development Department
Funding Source: CDBG, HOME, City Housing Fund, Federal and State funds, and other potential funding sources
Action H.3g: Improve Participation in Existing Local Housing Assistance Provide access to available housing assistance programs for Brentwood residents through improved marketing and outreach efforts including providing information at annual forums, scheduling appointments with County housing program specialists in Brentwood, providing multilingual brochures, and posting housing program information on the City’s website.

Objectives:
 Conduct multilingual outreach to the community with available housing assistance programs.

Timing: Annually conduct multilingual outreach; Annually review effectiveness of the program to determine if adjustments need to be made regarding outreach methods; if changes are deemed necessary, implement within six months
Responsible Agency: Community Development Department
Funding Source: City Housing Fund and other potential funding sources

Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-22
H.4 - Housing Opportunities Goal
Promote equal housing opportunities for all residents of Brentwood.

Housing Policies
 Policy H.4-1: Encourage and support the enforcement of laws and regulations prohibiting discrimination in lending practices and in the sale or rental of housing.  Policy H.4-2: Facilitate the provision of housing opportunities for those residents of the City who have special housing needs including farmworkers, the elderly, disabled, developmentally disabled, large families, and the homeless.

Implementing Actions
Action H.4a: Affirmatively Further Fair Housing
Pursuant to Assembly Bill 686 (AB 686), Chapter 958 Statutes 2018, the City shall affirmatively further fair housing by taking meaningful actions that foster inclusive communities free from barriers that restrict access to opportunities based on protected characteristics, as defined by State law. The City shall collaborate with the community, stakeholders, and appropriate organizations and agencies to address potential constraints to fair housing. This may include, but is not limited to:
 Analyzing and identifying barriers to entry into homeownership or rental opportunities;  Reviewing restrictions that may prevent disadvantaged groups from locating in Brentwood;  Fostering a more inclusive community for all disadvantaged groups.

In addition, the City has identified factors contributing to fair housing issues in Section 3.E.2. These factors include: displacement of residents due to economic pressures, availability of affordable housing, and environmental justice discrepancy. The City will take the following actions to address each contributing factor.

Action H.4a – Contributing Factors and Actions
Contributing
Factor Meaningful Action Geographic Target1
Priority and
Timeline
Housing Mobility
Availability of
Affordable
Housing
Conduct landlord outreach to expand the
location of participating voucher
properties.

Metric: Identify 5 additional properties
throughout the planning period to
participate in the voucher program.

Area 1 and 3 Low
Annually conduct
outreach. MidCycle review of
progress; if
changes are
deemed necessary,
implement within
one year.

Annually host an educational workshop on
voucher programs and source of income
discrimination.

Metric: Aim to engage a minimum of 15
individuals (renters and landlords) per
workshop.

City-wide Low
Annually

Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-23
Action H.4a – Contributing Factors and Actions
Contributing
Factor Meaningful Action Geographic Target1
Priority and
Timeline
Work with and incentivize developers to
develop four or more units in a building
when possible and identify opportunities
for more units or lot consolidations.

Incentives may include, but are not limited
to, technical assistance, development
standards flexibility, and/or reduced fees.

Metric: Work with developers to maximize
potential units per site, including building
affordable units. (Note: per the 2022
Inclusionary Ordinance update, projects
over nine units cannot pay in-lieu fees and
must build the affordable units).

Area 1 and 3 Low
Annually
coordinate with
housing developers
and provide
assistance on a
case-by-case basis.

Facilitate collaboration between local
governments and community land trusts
through annual meetings as a mechanism
to develop affordable housing in higheropportunity areas, as well as work with local agencies and departments in
improving TCAC opportunity ratings in
areas of need.

Metric: Facilitate the development of 100
affordable units within relatively higheropportunity areas.

City-Wide, with
a focus on
improving
opportunity
scores in Area 2
Moderate
Maintain and
update candidate
sites list and
annually provide
opportunities to
relevant agencies
and organizations.

Offer collaboration
and assistance.

Housing Choices and Affordability in Areas of Opportunity Environmental
Justice
Discrepancy
Review and implement changes in the
zoning code and standards, permit
streamlining, fees, incentives and other
approaches to increase housing choices
and affordability (e.g., duplex, triplex,
multifamily, ADU, transitional and
supportive housing, group homes) in higher
opportunity areas, as well as improve
opportunity ratings in areas of need.

Metric: Facilitate the development of 100
affordable units within relatively higheropportunity areas.

Area 1 and Area
3, relatively
higher income
areas including
RCAA
neighborhoods.

High
By January 2025
establish an
incentive plan and
begin
implementation in
2026. Conduct a
Mid-Cycle review;
if changes are
deemed necessary,
implement within
one year.

See Action H.1q:

No Net Loss for
additional actions.

Availability of
Affordable
Housing
Continue to implement inclusionary zoning
regulations and promote the creation of
affordable units over the payment of in-lieu
fees.

City-wide High
On a project-byproject basis

Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-24
Action H.4a – Contributing Factors and Actions
Contributing
Factor Meaningful Action Geographic Target1
Priority and
Timeline
Metric: Aim for 75 percent of projects
subject to inclusionary requirements
building affordable units instead of using
alternative methods of meeting the
requirements, such as in-lieu fees.

Assist with the construction of affordable
housing for special housing needs
population, including, but not limited to,
providing technical assistance, streamlined
review, reduced development fees.

Metric: Aim to facilitate the construction of
100 units for special needs populations
City-wide, with
a focus on areas
in close
proximity to
community
resources
Moderate
Throughout the
planning period
Racially
Concentrated
Areas of
Affluence
Affirmative marketing to promote equal
access to government-assisted housing and
to promote housing opportunities
throughout that City and within RCAAs.

This may include, but is not limited to,
noticing of affordable units/projects
through direct mail targeted outreach to
lower income census tracts; publishing
advertising materials in multiple languages,
informing service agencies, and outreach to
community organizations and places of
worship.

Metric: Conduct affirmative marketing for
each new housing development which
includes affordable units.

City-wide, with
a focus on
RCAAs/ Area 3
Moderate
On a project-byproject basis
Facilitate the development of 112 ADUs
through Action H.1b. and promote ADU
development in areas of opportunity and
RCAAs.

Metric: Facilitate the construction of 112
ADUs with 66 affordable to lower income
households and 34 affordable to moderate
income households.

City-wide, with
a focus on
RCAAs/ Area 3
Moderate
Throughout the
planning period.

See Action H.1c for
monitoring and
planning mid pint
review timeframes.

Review future policies and programs for
potentially restrictive practices that would
limit diversity in RCAAs.

Metric: As long-range plans are updated, or
as policies and programs are proposed,
review language for potentially restrictive
practices that would limit diversity with
RCAAs.

RCAAs/ Area 3 Low
As long-range plans
are updated, or as
new policies and
programs are
proposed
Establish specific incentives for the
development of affordable units the RCAAs
RCAAs/ Area 3 Moderate

Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-25
Action H.4a – Contributing Factors and Actions
Contributing
Factor Meaningful Action Geographic Target1
Priority and
Timeline
and high opportunity areas, including, but
not limited to, permit streamlining and
reduced fees. For example, the City has
identified 3 candidate sites in this area for a
total of 156 LI units. Incentives could be
specific to these sites or other sites that
allow high-density housing and may
include, but are not limited to, reduced
fees, technical assistance, and support to
funding applications.

Metric: Aim to facilitate the construction of
75 affordable units within RCAAs.

Throughout the
planning period
Community Conservation and Revitalization
Environmental
Justice
Discrepancy
Research and establish targeted
investments in areas of most need focused
on improving community assets such as
schools, recreational facilities and
programs, social service programs, parks,
streets, active transportation and
infrastructure.

Metric: Complete at least 4 targeted
investments, totaling approximately $30
million, aimed at improving TCAC
Opportunity scores for census tract 31.03
(Area 2).

Area 2 High
Begin
implementation by
January 2026.

Create a plan for
targeted
investments by
January 2025.

Develop a proactive code enforcement
program that targets areas of concentrated
rehabilitation needs, results in repairs and
mitigates potential cost, displacement and
relocation impacts on residents. Identify
target areas through annual windshield
surveys and neighborhood visits. Program
will be paired with additional information
on funding and resources to the City and/or
County’s housing home repair or rehab
programs.

Metric: Identify areas of need and establish
targeted investments and programs to
address rehabilitation need.

City-wide –
specific target
areas will be
identified
annually and
may be subject
to change based
on the review
with a focus on
Area 2
High
Develop by January
2026. Implement
annually and
throughout the
planning period.

Complete the first phase of Brentwood
Boulevard widening to improve safety,
traffic flow, and facilitate development.

Brentwood
Boulevard
High
By June 2026
Complete the Downtown Alley
Rehabilitation from Midway to Park Way to
accommodate additional development in
Downtown Alley
from Midway to
Park Way
High
By January 2025

Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-26
Action H.4a – Contributing Factors and Actions
Contributing
Factor Meaningful Action Geographic Target1
Priority and
Timeline
the Downtown, enhance access, and
reduce infrastructure need for future
developments.

Complete the Homecoming Park
Playground play equipment replacements.

Homecoming
Park
High
By January 2025
Complete the Lone Tree Way roadway
improvements to support a new K-8 school
anticipated to open in July 2024.

Lone Tree Way
roadway
High
By January 2025
Housing for
Special Needs
Populations
Create and promote informational
materials on housing accessibility,
rehabilitation, and maintenance resources.

Metric: Aim to assist 10 households with
accessibility, rehabilitation, and
maintenance needs.

City-wide, with
a focus on Areas
1 and 2
Moderate
Develop materials
by January 2025
and advertise
annually
throughout the
planning period
Annually host a workshop with relevant
community organizations and groups to
discuss the needs of persons with
disabilities and identify whether additional
resources and development concessions
are needed. If necessary changes are
identified, adopt amendments within 6
months.

Metric: Aim to a engage a minimum of 15
individuals and organizations per
workshop.

City-wide Moderate
Throughout the
planning period
Extend search times for particular groups
with housing choice vouchers, such as
larger families with children, persons with
disabilities, or seniors.

Metric: Extend search times for special
needs populations
City-wide High
By January 2026
Protection from Displacement
Displacement
from
Economic
Pressures
Maintain multi-lingual informational
materials on tenant legal counseling and
resources and provide materials annually to
local organizations that serve non-English
speakers.

Metric: Aim to protect a minimum of 10
households from displacement through
tenant resources throughout the planning
cycle.

City-wide with a
focus on Area 2
High
Create materials by
August 2024;
update as
necessary.

Distribute
materials annually.

Create and promote informational
materials on the location of participating
City-wide Low
Publish materials
by January 2026

Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-27
Action H.4a – Contributing Factors and Actions
Contributing
Factor Meaningful Action Geographic Target1
Priority and
Timeline
voucher properties and availability of
voucher programs/financial assistance.

Metric: Publish materials and update as
necessary
and update as
necessary

1. See Figure 3-55, in Section 3 of this Housing Element, for an outline of the geographic areas.

Timing: 2023-2031; annually review each actions individual timeline and make changes as necessary Responsible Agency: Community Development Department
Funding Source: Private Resources, Federal and State funds, CDBG, HOME, City Housing Fund, and other potential funding sources
Action H.4b: Cooperative Association with Non-Profits
Continue to refer cases and questions to Bay Area Legal Aid, Housing Rights Inc., Shelter, Inc., and Pacific Community Services for assistance.

Objectives:
 Maintain information online on non-profits that provide fair housing assistance and services and, on a need basis, refer cases and questions to said non-profits.

Timing: On a case-by-case basis; review information available online annually Responsible Agency: Community Development Department
Funding Source: City Housing Fund
Action H.4c: Disseminate Fair Housing Information
The City shall disseminate fair housing information widely in the community in multiple languages. This effort shall include providing information to local apartment managers and realtors involved in residential rental real estate transactions, providing information at the Brentwood public library, at City Hall, at the Brentwood Community Center and Senior Center, at the Police Department, and at social service offices in Brentwood, on a space-available basis, serving special needs groups including lower-income households.

Objectives:
 Disseminate fair housing information annually throughout the community and annually meet with local organizations and agencies to provide information on available resources.

Timing: Review annually; meet with organizations and agencies annually Responsible Agency: Community Development Department
Funding Source: City Housing Fund
Action H.4d: Foreclosure Prevention and Loan Modification Information The City shall continue to provide foreclosure prevention and loan modification information on its website, sponsor workshops for the community, and refer owners to non-profit counseling and service providers for legal, credit, foreclosure, and loan modification counseling.

Objectives:
 Maintain information online on resource for foreclosure prevention and loan modification.

Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-28
Timing: Review annually; annually collaborate with local organizations and agencies on available resources
Responsible Agency: Community Development Department
Funding Source: City Housing Fund
Action H.4e: Housing Opportunities for Special Needs Groups Encourage housing opportunities to meet the special housing needs of farmworkers, elderly, disabled, developmentally disabled, large families, female-headed households, and persons experiencing homelessness. Encourage affordable housing developers to provide units for special needs persons or households, when feasible and appropriate.

Objectives:
 Facilitate the construction of 50 special needs units (farmworker, affordable senior, disabled, developmentally disabled, large households, female-headed household, homeless) during the planning period.
 Annually coordinate with housing developers to discuss potential constraints and resources for developing housing for special needs groups.

Timing: 2023-2031; annually coordinate with housing developers and review progress in providing housing for special needs groups
Responsible Agency: Community Development Department
Funding Source: Private Resources, Federal and State funds, CDBG, HOME, City Housing Fund, and other potential funding sources
Action H.4f: Coordination with Agencies Serving the Homeless The City shall cooperate with public and private agencies to develop housing (including transitional housing), family counseling, and employment programs for the homeless. The City shall participate in regional efforts to combat homelessness, including coordination with the Contra Costa Interjurisdictional Council on Homelessness and participation in the Contra Costa Homeless Continuum of Care.

Objectives:
 Participate in local and regional efforts to address the needs of persons experiencing homelessness.
 As available, provide funding assistance and support funding applications for efforts addressing homelessness.
 Seek and pursue funding opportunities to address homelessness in the City and participate in regional efforts.

Timing: Annually coordinate with public and private agencies; review funding and available assistance annually; annually pursue funding opportunities
Responsible Agency: Community Development Department and Contra Costa County Funding Source: Homeless Agencies, Federal and State funds Action H.4g: Reasonable Accommodation
Pursuant to Government Code Section 65583, the City is obligated to analyze and demonstrate local efforts to remove potential and actual governmental constraints to the maintenance, improvement, or development of housing for all income levels and for persons with disabilities. The Fair Housing Act, as amended in 1988, requires that cities and counties provide reasonable accommodation with regard to rules, policies, practices, and procedures where such accommodation may be necessary to afford

Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-29
individuals with disabilities equal housing opportunities. Reasonable accommodation provides a basis for residents with disabilities to request flexibility in the application of land use and zoning regulations or, in some instances, even a waiver of certain regulations or requirements to ensure equal access to housing opportunities. The City is required to consider requests for accommodations related to housing for people with disabilities and provide the accommodation when it is determined to be appropriate under the factors set forth in Brentwood Municipal Code Chapter 17.760.

In compliance with Government Code Section 65583, the City shall continue to provide reasonable accommodations for persons with disabilities pursuant to Brentwood Municipal Code Chapter 17.760.

Objectives:
 Maintain updated information on reasonable accommodations on the City’s website.  Biennially review and update applicable procedures and/or requirements to remove potential constraints.
 Provide information on housing resources available to persons with disabilities to the Regional Center and other local groups or organizations serving the needs of persons with disabilities.

Timing: Review biennially, and if determined necessary, amend the Zoning Code within six months; annually provide information on housing resources to the Regional Center and other local organizations and groups serving the needs of persons with disabilities.

Responsible Agency: Community Development Department
Funding Source: General Fund
Action H.4h: Low-Barrier Navigation Center
Assembly Bill 101 (AB 101), Chapter 159 Statutes 2019 requires 'by right' approval of low-barrier navigation centers in areas zoned for mixed uses and nonresidential zones permitting multifamily uses that meet specified requirements. The City shall adopt regulations and procedures for this type of use and establish a ministerial approval process for low-barrier navigation centers. In the interim, any submitted application for this use type shall be processed in accordance with State law.

The City shall also monitor the effectiveness and appropriateness of these regulations and procedures.

Should any amendments be warranted pursuant to State law, the City shall amend the Municipal Code.

Objectives:
 Adopt and implement procedures and regulations to process low-barrier navigation centers.

Procedures shall include establishing a ministerial approval process pursuant to State law.

Timing: Adopt and implement by January 2025; review annually Responsible Agency: Community Development Department
Funding Source: General Fund
Action H.4i: Housing for Persons with Developmental Disabilities The City shall encourage construction and rehabilitation of housing with supportive services targeted for persons with developmental disabilities, including collaborating with developers of supportive housing to identify opportunities, resources, and potential constraints. The City shall establish regulatory incentives, such as expedited permit processing and fee deferrals, to projects targeted for persons with developmental disabilities. The City shall seek State and Federal funding and support funding applications for housing construction and rehabilitation targeted for persons with developmental disabilities, as staff resources allow. The City shall maintain information online on housing and services available for persons with developmental disabilities.

Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-30
Objectives:
 Collaborate with housing developers and local organizations to identify the needs of local persons with developmental disabilities.
 Seek State and Federal funding and support funding applications.  Establish regulatory incentives for projects proposing housing for persons with developmental disabilities.

Timeframe: Implement by January 2027; annually meet with developers and organizations and seek funding opportunities; review annually
Responsible Agency: Community Development Department
Funding Source: General Fund
Action H.4j: Single-Room Occupancy (SRO) Units
Single-Room Occupancy (SROs) Units may provide a valuable source of affordable housing for individuals and may serve as an entry point into the housing market for persons who previously experienced homelessness. The City’s Municipal Code conditionally permits SROs in the COR and CR zoning district.

Objectives:
 Define Single-Room Occupancy Units in the Municipal Code.  Collaborate with local organizations and agencies to discuss the needs of persons who previously experienced homelessness.
 Support and, when possible, fund local and regional efforts to address the housing needs of persons in Brentwood who previously experienced homelessness.

Timing: Add a definition of SRO in the Municipal Code by January 2026; collaborate with organizations annually; annually review funding resources; make changes as necessary throughout the planning period
Responsible Agency: Community Development Department
Funding Source: General Fund
Action H.4k: Emergency Shelters
Pursuant to the provisions of SB 2, AB 139, and AB 2339 the City will continue to facilitate the establishment of emergency shelters to assist those experiencing homelessness. The City will update the Municipal Code to comply with AB 139 parking requirements and AB 2339.

Objectives:
 Amend the Municipal Code parking requirements for emergency shelters in compliance with AB 139.
 Amend the Municipal Code to allow emergency shelters by-right in at least one zone that allows residential and revise the definition of emergency shelters pursuant to AB 2339 (2023).

Timing: Adopt amendment by January 2025
Responsible Agency: Community Development Department
Funding Source: General Fund

Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-31
Action H.4l: By-Right Permanent Supportive Housing (AB 2162) Pursuant to Government Code section 65651, supportive housing shall be a use by-right in zones where multifamily and mixed uses are permitted, including non-residential zones permitting multifamily uses.

Objectives:
 Amend the Municipal Code to permit by-right permanent supportive housing in compliance with Government Code section 65651.

Timing: Adopt amendment by January 2025
Responsible Agency: Community Development Department
Funding Source: General Fund
Action H.4m: Reasonable Accommodations
The Brentwood Zoning Code allows a request for reasonable accommodation to be made by any person with a disability, their representative or any entity, when the application of a zoning law, building regulation, or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities.

An individual with a disability is defined as any individual who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment.

As part of the ongoing Zoning Code update, the City will amend reasonable accommodations to remove subjective requirements to application findings and constraints.

Objectives:
 Adopt Zoning Code updates removing subjectivity and constraints in application finding requirements.

Timing: Adopt the Zoning Code updates by January 2025
Responsible Agency: Community Development Department
Funding Source: General Fund
Action H.4n: Definition of Family
The City’s Zoning Code defines “Family” as “the functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit including the joint use of and responsibility for common areas, sharing household activities and responsibilities such as meals, chores, household maintenance, and expenses. If the dwelling unit is rented, this means that all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease for the entire dwelling, with joint use and responsibility of the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than by the landlord or property manager.”
As part of the ongoing Zoning Code update, the City will amend its definition of “Family” to remove the requirement that all household members be under a single lease to be considered a family.

Objectives:
 Adopt Zoning Code updates removing constraints posed by the City’s definition of “Family” to comply with State law requirements.

Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-32
Timing: Adopt the Zoning Code updates by January 2025
Responsible Agency: Community Development Department
Funding Source: General Fund
Action H.4o: Residential Care Facilities
Large residential care facilities occupy a large family home and provide adult or child group home, social rehabilitation center, or adult or child day care center. Approval of a CUP is currently required for large residential care facilities, potentially creating a constraint to the development of this housing type. The City will revise the Zoning Code to remove the CUP requirement and establish a processes and requirements for large residential care facilities to allow these uses in the same way as other residential uses in the same zone.

Objectives:
 Adopt Zoning Code updates to allow residential care facilities in all zones allowing residential uses in the same was as other residential uses in the same zone.

Timing: Adopt the Zoning Code updates by January 2025
Responsible Agency: Community Development Department
Funding Source: General Fund
B. Summary of Quantified Objectives
Table 4-1 summarizes the City’s quantified objectives for the 2023-2031 planning period by income group.

Table 4-1: 6th Planning Cycle Quantified Objectives
Objectives
Units by Income Level
Extremely TOTAL UNITS
Low
Very
Low Low Moderate Above Moderate
RHNA 402 232 247 641 1,522
Home Repair/ Rehabilitation 30 30
Special Needs Units 50 50
First-Time Homebuyer 15 5 0 20
Affordable Housing
Assistance 50 50 50 0 0 150
Conservation of At-Risk
Affordable Housing Units 6 0 0 6

CITY COUNCIL AGENDA ITEM NO. E.8
03/11/2025
SUBJECT: Consideration of 2025 Arts Commission Commissioner Recommendations and Appointments
DEPARTMENT: Parks and Recreation
STAFF: Darin Gale, Interim Director of Parks and Recreation Thien Nguyen, Recreation Manager
Lindsay Pinell, Recreation Supervisor

TITLE/RECOMMENDATION
Consider Mayor Meyer’s recommendation of two new Arts Commissioners, Rosa Gascoigne and Riannon Thomas, for appointment to three-year terms expiring on December 31, 2027.

FISCAL IMPACT
Not applicable.

BACKGROUND
The purpose of this agenda item is to consider for approval the Mayor’s recommendation of two members to the Arts Commission.

The Brentwood Municipal Code provides that there will be five Arts Commissioners.

On December 31, 2024, two Arts Commissioners’ terms expired. Under Brentwood Municipal Code section 2.48.020, Arts Commissioners serve terms of three years.

Staff advertised the vacancies on November 18, 2024, and ten (10) applications were submitted by the January 3, 2025, deadline.

The City Council formed the Commission Interview Ad-Hoc Committee on January 14, 2025. The Committee consists of Mayor Meyer and Council Member Maloney. The Commission Interview Ad-Hoc Committee conducted eight in-person interviews of candidates on February 20, 2025, in the Council Chambers. Interviews for the eight candidates can be found here and included:

Lindsay Bush
Ona Lorraine Canilao

CITY COUNCIL AGENDA ITEM NO. E.8
03/11/2025
Rosa Gascoigne
Gargi Prasad
Riannon Thomas
Melissa van Ruiten
Laura Whittington
Liliya Yakymechko
Following the interviews and Committee deliberation, the Mayor would like to recommend Rosa Gascoigne and Riannon Thomas to be considered by the City Council for appointment to the Arts Commission for three-year terms expiring on December 31, 2027.

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

PREVIOUS ACTION
Attachment 1

DATE OF NOTICE
Not applicable.

ENVIRONMENTAL DETERMINATION
Not applicable.

ALTERNATIVE OPTION(S)

1. Continue this item to a future meeting.

2. Do not approve one or more of the recommended candidates and consider other candidates.

3. Conduct additional interviews at a future meeting.

ATTACHMENT(S)

1. Previous Action

2. Arts Commission applications

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 14, 2025, the City Council created an Ad-Hoc Committee to conduct interviews for Commission applicants.

CITY COUNCIL AGENDA ITEM NO. E.9
03/11/2025
SUBJECT: Approved MOU for John Marsh Historic Trust Interpretive Center Funding Request of $7,000
DEPARTMENT: City Manager
STAFF: Darin Gale, Assistant City Manager
Abraham Salinas, Senior Analyst

TITLE/RECOMMENDATION
Adopt a resolution approving a Memorandum of Understanding (“MOU”) between the City of Brentwood (“City”) and John Marsh Historic Trust (“JMHT”) regarding a payment of $7,000 towards the John Marsh Interpretive Center.

FISCAL IMPACT
If approved, funding for the MOU of $7,000 would be expended from the City Manager’s Contingency in the 2024/25 General Fund Operating Budget. There is sufficient available budget in the City Manager’s Contingency within the General Fund for this expenditure and no budget amendment would be required. Therefore, approval of this item will have no impact on the projected General Fund results, which remain unchanged from the last update.

Since this is request is a donation from the City of over $1,000, per Council/Administrative Policy and Procedures for Requests for Use of City Funds, No. 10-12, it requires Council authorization
(https://www.brentwoodca.gov/home/showpublisheddocument/228/637967814972 700000).

BACKGROUND
John Marsh (1799–1856) was a significant figure in early California history, known for his roles as a physician and rancher in the Brentwood region. Marsh's residence, known as the Stone House, was completed in 1856 and is considered the first stone house in California. This Gothic Revival mansion was added to the National Register of Historic Places in 1977.

CITY COUNCIL AGENDA ITEM NO. E.9
03/11/2025
The John Marsh Historic Trust (JMHT) established a non-profit 501(c)3 in 1994 to preserve and restore the 7,000-square-foot Stone House. The structure sustained damage in the 1868 and 1906 earthquakes and was never fully restored.

In 2007, the California State Park and Recreation Commission designated the 3,659- acre area, including the John Marsh Stone House, as Marsh Creek State Historic Park.

With support from California State Parks and the City of Brentwood, the Marsh Creek State Park General Plan and Environmental Impact Report was developed and adopted in 2012. Currently, the JMHT is managing the restoration of the Stone House and the construction of an Interpretive Center.

JOHN MARSH HISTORIC TRUST INTERPRETIVE CENTER (IC)
The Stone House is not regularly open to the public but JMHT is funding an Interpretive Center (IC) to be constructed adjacent to the historic house. Restoration of the Stone House is a long term goal of the JMHT and California State Parks. The proposed IC will provide the community with an opportunity to learn about John Marsh and the role he played in the region. With technical assistance and financial support from California State Parks, a plan has been developed that at full build out will feature a shade structure, picnic tables, restrooms, parking, and interpretive signage.

For the first phase of the project, the JMHT has allocated $20,000, and is requesting $7,000 from the City for this project. The City's contribution will fund the installation of interpretive panels for the IC, with construction provided by California State Parks.

Approval of the resolution authorizes the City Manager or designee to execute the Memorandum of Understanding and make minor non-substantive revisions to it in consultation with the City Attorney.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Not Applicable.

DATE OF NOTICE
Not Applicable.

CITY COUNCIL AGENDA ITEM NO. E.9
03/11/2025

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:

1. Do not approve staff’s recommendation.

2. Modify staff’s recommendation.

3. Continue item with direction for staff to return with additional information.

ATTACHMENT(S)

1. Resolution

2. Memorandum of Understanding

3. John Marsh Historic Trust - Interpretive Center Proposal

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING A MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF BRENTWOOD AND

THE JOHN MARSH HISTORIC TRUST REGARDING A PAYMENT OF
$7,000 TOWARDS THE JOHN MARSH INTERPRETIVE CENTER
WHEREAS, the John Marsh Historic Trust established a non-profit 501(c)3 in 1994 to preserve and restore the 7,000-square-foot Stone House; and WHEREAS, in 2007, the California State Park and Recreation Commission designated the 3,659-acre area, including the John Marsh Stone House, as Marsh Creek State Historic Park; and
WHEREAS, currently, the John Marsh Historic Trust is managing the restoration of the Stone House and the construction of an Interpretive Center; and WHEREAS, the proposed Interpretive Center will provide the community with an opportunity to learn about John Marsh and the role he played in the region; and WHEREAS, the City desires to support the John Marsh Historic Trust in the construction of the Interpretive Center. The City's contribution will fund the installation of interpretive panels for the Interpretive Center, with construction provided by California State Parks.

NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Brentwood (1) approves a Memorandum of Understanding between the City of Brentwood and John Marsh Historic Trust regarding the payment of $7,000 towards the installation of interpretive panels at the John Marsh Interpretive Center, and (2) authorizes the City Manager or designee to execute the Memorandum of Understanding and make minor non-substantive revisions to it in consultation with the City Attorney.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 11th day of March 2025 by the following vote:

1 MEMORANDUM OF UNDERSTANDING

BETWEEN

JOHN MARSH HISTORIC TRUST

AND THE CITY OF BRENTWOOD
This Memorandum of Understanding (“MOU”) is entered into and effective this____ day of _____________ 2025, by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and John Marsh Historic Trust, a 501(c)(3) non-profit corporation in the State of California (“JMHT”), (each a Party, and collectively, the “Parties”).

RECITALS
A. John Marsh (1799–1856) was a significant figure in early California history, known for his roles as a physician, and rancher in the Brentwood region. Marsh's residence, known as the Stone House, was completed in 1856 and is considered the first stone house in California. This Gothic Revival mansion was added to the National Register of Historic Places in 1977. The structure sustained damage in the 1868 and 1906 earthquakes and was never fully restored.

B. JMHT established a 501(c)3 in 1994 to preserve and restore a 7,000-square-foot John Marsh House, or Stone House. This restoration is a key part of JMHT’s broader mission to preserve the Brentwood region’s rich history and agricultural roots by ensuring public access to such historical assets for current and future generations.

C. In 2007, the California State Park and Recreation Commission designated the 3,659-acre area, including the John Marsh Stone House, as Marsh Creek State Historic Park. With support from California State Parks and the City of Brentwood, the Marsh Creek State Park General Plan and Environmental Impact Report was developed and adopted in 2012.

D. The Stone House and its grounds are not currently open to the public, except during the once-a-year Heritage Day hosted each October.

E. JMHT is funding an Interpretive Center (“IC”) to be constructed adjacent to the Stone House. The proposed IC will provide the community with an opportunity to learn about John Marsh and the role he played in our region. With technical assistance and financial support from California State Parks a plan has been developed that a full build out will feature a shade structure, picnic tables, restrooms, parking, and interpretive signage.

F. In the first phase, the JMHT has allocated $20,000, and is requesting $7,000 from the City.

The City's contribution will fund the installation of interpretive panels for the IC, with construction provided by California State Parks.

NOW, THEREFORE, IT IS HEREBY AGREED by the Parties as follows:

1. Responsibilities of the John Marsh Historic Trust. Along with the terms and conditions of this MOU, JMHT agrees to be responsible for and complete those items set forth in the attached Exhibit “A,” Scope of Services, which is incorporated into the MOU by this reference.

2. Relationship of the Parties. JMHT is free from the control and direction of the City, in pursuit of JMHT’s independent calling, and not as an employee of the City. It is understood that this is a MOU by and between independent contractors and is not intended to, and will not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of independent contractor. Any persons used or hired by JMHT to provide services related to the Interpretive Center (IC) will not be considered employees of City for any purposes whatsoever.

3. Term. This MOU will commence upon the date first above written and will terminate June

2 30, 2026, unless terminated earlier with written notice.

4. Payment. For the term of this MOU, the City will provide payments as more explicitly outlined in Exhibit “A,” in an amount not to exceed seven thousand dollars ($7,000.00).

5. Indemnity. JMHT will hold harmless, defend and indemnify City, its officers, agents, volunteers and employees from and against any and all claims, demands, costs or liability including attorney fees arising out of or in any way connected with the performance of this MOU, caused in whole or in part by any act or omission of JMHT, any of its subcontractors, anyone directly or indirectly employed by any of them, any volunteers, 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.

6. Non-discrimination. The Parties will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment.

7. Entire Agreement. This MOU and Exhibit “A,” contain the entire understanding and agreement of the Parties, and all oral or written representations, understandings or agreements are expressly stated in this MOU. In case of a conflict between the terms of this MOU and any Exhibit attached, the terms of this MOU will prevail. No testimony or evidence of any such representations, understandings, or covenants will be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this MOU.

8. Amendments. Changes to the terms and conditions of this MOU will be made only by written amendment signed by the Parties.

9. Notices. All notices with respect to this MOU will be given in writing by first class mail to the Parties, or to such other persons’ addresses or telephone numbers as the Parties may designate in writing from time to time as follows:

City: City of Brentwood
Attention: City Manager
City Manager’s Office
150 City Park Way
Brentwood, CA 94513
John Marsh Historic Trust: John Marsh Historic Trust
P.O. Box 1682
Brentwood, CA 94513
Notice will be deemed effective on the date personally delivered or, if mailed, 3 days after depositing it in the United States Mail. JMHT must notify City within 14 days of any change to its mailing address.

10. Termination. Either Party may terminate this MOU at any time after delivery of written notice to the other Party, with such termination effective immediately. In the event of termination of this MOU, any unexpended funds will be returned to the Party that has contributed them. JMHT shall relinquish all materials and files related to this upon termination.

11. Assignment. Neither Party will assign any right or obligation pursuant to this MOU without the written consent of the other Party. Any attempted or purported assignment without the written consent of the other Party will be void and of no effect.

12. Third Parties. This MOU does not confer any benefits to any third party.

13. Jurisdiction and Venue. Any action at law or in equity brought under this MOU for the purpose of enforcing a right or rights provided for by this MOU will be tried in a court of competent

3 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.

14. Paragraph Headings. Paragraph headings are used for convenience only and will not be deemed to be a part of such paragraphs and will not be construed to change the meaning of the paragraphs.

15. No Waiver. Waiver by either Party of any default, breach or condition precedent of this MOU will not be construed as a waiver of any other default, breach or condition precedent or of any other right under this MOU.

16. Severability. If any term, provision, covenant, or condition of this MOU is ruled invalid, void, or unenforceable by a court of competent jurisdiction, this MOU will nonetheless remain in full force and effect as to all remaining terms, provisions, covenants, and conditions.

17. Compliance With Laws. JMHT will comply with all applicable local, state and federal laws and regulations including, but not limited to, those related to public works projects under the Public Contract Code.

18. Maintenance of Records. JMHT will maintain complete and accurate records with respect to costs incurred under this MOU for 12 months from the date of expiration of the MOU. All records will be clearly identifiable.

19. Signatures.

19.1 Counterparts. This MOU 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.

19.2 Digital/Electronic Signatures. Using a City-approved method, this MOU 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 MOU will be construed as the Parties’ consent to do business electronically.

20. Authority. The individuals executing this MOU represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this MOU on behalf of the respective legal entities of the Parties.

John Marsh Historic Trust:

By:
[INSERT], Title
City of Brentwood:

By:

Tim Y. Ogden, City Manager
ATTEST:

By:

Amanda McVey, City Clerk
APPROVED AS TO FORM:

By:

Katherine Wisinski, City Attorney
Exhibit A

4 Scope of Services
John Marsh Historic Trust, Interpretive Center Signage
The obligations of the Parties are as follows:

1. JMHT will oversee all aspects of the installation of interpretive signage at the John Marsh Interpretive Center.

2. JMHT will maintain compliance with state and federal guidelines for non-profit organizations.

3. JMHT will provide one report no more than 90-days after the installation of the interpretive signage at the John Marsh Interpretive Center to the City which contains a concise summary of activities undertaken for the Interpretive Center and include photos of the installed signage. Reports should be emailed to City Manager at [email protected].

4. Payment: No sooner than thirty (30) calendar days after the date of the final signature on this MOU, JMHT shall submit an invoice to the City in the amount of seven thousand dollars ($7,000). City will issue payment within thirty (30) days of receipt of the invoice.

Payments shall be made to _____________, and sent to ______________.

5. Future Funding Considerations: JMHT acknowledges that financial support from the City, as outlined in this MOU, will not extend beyond the expiration of the Term. This understanding necessitates proactive financial planning and exploration of additional funding sources beyond the City by JMHT to sustain its operations and initiatives in the future.

CITY COUNCIL AGENDA ITEM NO. F.1
03/11/2025
SUBJECT: Award of Contract to Robert A. Bothman Inc. for the Sand Creek Sports Complex Phase 1A Project, CIP Project No. 352-52446; amending the FY 2024/25 – 2028/29 Capital Improvement
Program (CIP); and amending the FY 2024/25 Operating Budget DEPARTMENT: Parks and Recreation
STAFF: Darin Gale, Interim Director of Parks and Recreation Aaron Wanden, Park Maintenance Manager
Tammy Homan, Management Analyst

TITLE/RECOMMENDATION
Adopt a Resolution 1) approving the contract documents, awarding the bid, and authorizing the City Manager or designee to execute a construction contract and necessary documents, including the use of contingency amounts, for the Sand Creek Sports Complex Phase 1A Project, CIP Project No. 352-52466 to Robert A. Bothman, Inc., dba Robert Bothman Construction, as the lowest responsible and responsive bidder in the amount of $18,285,788, plus funding authorization for a 10% contingency amount of $1,828,579, for a total authorization not to exceed amount of $20,114,367, 2) amending the FY 2024/25 – 2028/29 Capital Improvement Program (CIP), and 3) amending the FY 2024/25 Operating Budget for the associated project funding transfers.

On August 13, 2024, by Resolution No. 2024-88, the City Council adopted the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan prepared for the Sand Creek Sports Complex Project. A Notice of Determination was filed with the Contra Costa County Clerk Recorder on August 16, 2024.

FISCAL IMPACT
Funding for the Sand Creek Sports Complex, CIP Project No. 352-52446 (“Project”), is currently included in the amended 2024/25 – 2028/29 CIP with an approved budget of $19,209,718. Award of this contract with Robert Bothman Construction (“Bothman”) is $18,285,788, plus funding authorization for a 10% contingency amount of $1,828,579 for additional services, for a total authorization not to exceed amount of $20,114,367.

CITY COUNCIL AGENDA ITEM NO. F.1
03/11/2025
Staff recommends amending the 2024/25 – 2028/29 CIP to include the updated CIP Project sheet with a project budget of $24,063,172 and amending the FY 2024/25 Operating Budget for the necessary funding transfers. If approved, this increase will be funded as follows:

If funded as described above, the Parks and Trails Development Impact Fee Fund would be negative for a period of time, but it is anticipated it would return to a positive position in FY 2027/28 based on current development projections. The Capital Infrastructure Fund would have approximately $400,000 of remaining budget for economic incentives and would be projected to have a zero balance as of 6/30/25, including this proposed amendment. The proposed updated CIP sheet is included as Attachment 3 to this staff report. The final proposed funding sources for the project are as follows:

The Bothman contract cost for the Project, including contingency for additional services, is $20,114,367. The balance of the Project budget will be used for other pre-construction or construction costs for the project as described below.

Annual operations and maintenance costs for the Sand Creek Sports Complex are estimated at $128,125 and will be incorporated into future Operating Budgets. A placeholder for this increase in the annual operations and maintenance costs is included in the ten-year General Fund Fiscal Model beginning in FY 2026/27.

BACKGROUND
On November 15, 2022, the City Council awarded an Agreement for Landscape Design Architectural Services and necessary documents, including amendments, for the planning, design and construction document services for the Project to Verde Design, Inc. (“Verde”) in the amount of $1,691,593, plus a 15% contingency amount Fund Description Amount
Parks and Trails Development Impact Fee Budget amendment requested $ 2,500,000 Capital Infrastructure Budget amendment requested 953,454 Capital Infrastructure Repurpose current economic incentive budget 1,400,000 Total Project Increase $ 4,853,454
Funding Source Amount
General Fund $ 8,544,430
Parks Development Fee 10,264,696
Capital Infrastucture Fund 2,353,454
Bond Refinance Savings 2,900,592
Total Project Funding $ 24,063,172

CITY COUNCIL AGENDA ITEM NO. F.1
03/11/2025
of $253,738.95 for additional services, for a not to exceed amount of $1,945,331.95.

Preliminary design work commenced with public meetings held on January 31, 2023, and March 9, 2023, to solicit input from the community as to the desired amenities to be included as part of the Project.

The City Council then approved an Agreement for Environmental Services with Raney Planning & Management, Inc., for the Project in April 2023 in the amount of $88,932, plus a 10% contingency amount of $8,894 for additional services, for a not to exceed amount of $97,826.

The Park and Recreation Commission Ad-Hoc Committee for the Project met with staff and Verde on April 11, 2023, and April 18, 2023, to review and discuss the proposed overall conceptual plan. Verde developed a construction cost estimate for the full buildout of all phases of Project in the amount of approximately $31 million, which exceeded the approved Project budget of $15 million.

This overall conceptual plan was presented to the Park and Recreation Commission (“Commission”) at its regular meeting on April 27, 2023. Following discussion, the Commission approved the overall conceptual plan for the Project and made a recommendation that it be brought to the City Council for approval and direction regarding the first phase of the Project, referred to as Phase 1A, to be constructed with available funding. It was recommended that Phase 1A be bid with several bid alternates, so that additional parts of the Project can be constructed should the existing funding allow.

On May 9, 2023, at the City Council CIP Workshop, the Project was considered by the City Council, who then approved keeping this Project in the 2023/24 – 2027/28 Capital Improvement Program with a budget of $19.2 million for Phase 1A.

On August 13, 2024, the City Council held a public hearing for the approval and adoption of the Initial Study and Mitigated Negative Declaration for the Sand Creek Sports Complex dated May 2024. City Council approved the documents and adopted Resolution No. 2024-88, and staff filed the Notice of Determination with the Contra Costa County Clerk Recorder on August 16, 2024.

Following staff review of plans and specifications, the Project was advertised for bid on November 27, 2024. In addition to the base bid, each bidder was requested to provide a bid for the four Bid Alternates as follows:
#1 Turf Maintenance Contract
#2 Picnic/Warm-up Area/Additional Planting

CITY COUNCIL AGENDA ITEM NO. F.1
03/11/2025
#3 Tree Planting and Irrigation Along District’s Basin
#4 Park Maintenance Building/Storage Yard/Fencing
The low bidder would be determined by the total of the Base Bid plus the bids for each of the four Bid Alternates.

Bids were opened on February 4, 2025. The following nine (9) bids were received:

PLAN HOLDER BID AMOUNT
Robert A. Bothman Inc. dba Robert Bothman Construction $18,285,787.56 O.C. Jones & Sons, Inc. $18,895,583.50
Ghilotti Bros., Inc. $19,332,128.31
Goodfellow Bros. California, LLC $20,125,553.98
McGuire and Hester $20,379,491.92
Bay Cities Paving & Grading, Inc. $21,227,758.20
R&R Pacific Construction * $21,318,714.26
Rodan Builders, Inc. $22,215,752.00
Legion Contractors, Inc. $22,845,148.45
* Non-Responsive
Staff thoroughly reviewed the bids received and is recommending the award of the construction contract for the Project to Bothman for submitting the lowest responsible bid, despite a protest submitted by the second lowest bidder, O.C. Jones & Sons, Inc.

Following consultation with the City Attorney’s Office and outside counsel, a written response was provided to O.C. Jones & Sons, Inc. that a determination was made that Bothman’s bid was deemed responsive and that O.C. Jones & Sons, Inc.’s bid protest lacked merit. The construction contract with Bothman is included as Attachment 4. Due to file size, documents included as part of the contract can be found here: https://www.brentwoodca.gov/Home/Components/RFP/RFP/118/657).

The breakdown of Bothman’s bid is as follows:

Base Bid $17,034,049.48
Bid Alt #1 $33,220.00 Turf Maintenance Contract
Bid Alt #2 $471,442.74 Picnic/Warm-up Area/Additional Planting Bid Alt #3 $28,857.00 Tree Planting and Irrigation Along District’s Basin Bid Alt #4 $718,218.34 Park Maintenance Building/Storage Yard/Fencing $18,285,787.56

CITY COUNCIL AGENDA ITEM NO. F.1
03/11/2025
Bothman’s bid includes all four bid alternates, and the costs for those items came in approximately 35% below Verde’s estimates. Including these items with this contract will make it possible to construct Phase 1A completely for the benefit of all users of the facility and produce future cost savings. If the four bid alternates are not included in this contract award it is anticipated that the costs for these items will likely increase significantly and will increase the cost of day-to-day maintenance of the new facility.

Staff is requesting an increase in the overall CIP project amount to include additional funds for other pre-construction or construction costs that may arise, that could include but are not limited to, using third party consultants for biological surveys, special inspections (grading, staking, rough and finishing, concrete, electrical), permits, and utility infrastructure. An updated estimate of the CIP project can be found in the table below:

SAND CREEK SPORTS COMPLEX
Item Description: Amount
Bothman Construction Base Bid Amount $17,034,050
Bothman Bid Alternates #1-#4 $1,251,738
Total Construction Amount $18,285,788
Construction Contingency (10%) $1,828,579
GRAND TOTAL CONSTRUCTION COST $20,114,367
Additional CIP Project Costs:

Design, Engineering, Legal, etc. $2,039,674
Consultants, biological surveys, inspections, permits $686,305 PG&E Electrical - Estimate $1,000,000
Other $222,826
Subtotal Additional Costs $3,948,805
TOTAL CIP PROJECT COST INCLUDING BID ALTERNATES $24,063,172 CIP PROJECT FUNDING $19,209,718
UNFUNDED PORTION OF CIP INCLUDING BID ALTERNATES ($4,853,454) As discussed in the Fiscal Impact section, staff is recommending that the gap be closed through a combination of Parks Development Impact Fees ($2.5 million) and the Capital Infrastructure Fund ($2.35 million). The Capital Infrastructure Fund is recommended to be replenished with future revenue from the sale of surplus properties and other future one-time revenue sources. While not necessarily

CITY COUNCIL AGENDA ITEM NO. F.1
03/11/2025
recommended, other potential funding sources that could be utilized for the Project include the following:
 Basketball Court Lighting – Homecoming & Windsor Parks o $700,000. Using these funds would cancel this potential project.  General Fund Reserve for Future Capital Projects
o $800,000. This reserve has not yet been committed to any specific project.
 Parking Garage Security and Safety Enhancements
o $414,000. Using these funds would cancel this potential project.  Public Art Acquisition Funds
o $2,900,000. Balance is projected as of June 30, 2025. Memo regarding use of Public Art Funds is included as an attachment to this staff report as requested by Council.

Should the City Council direct staff to change the funding from what is being recommended, staff requests that a motion tonight include the ability for staff to amend the CIP sheet accordingly and amend the FY 2024/25 Operating Budget for the associated transfers.

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 5: Parks and Recreation Services

2. Develop a plan to implement long-term high priority Parks and Recreation Master Plan projects.
a. Sand Creek Sports Complex design & development and issue a RFP for design services as soon as feasible.

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

DATE OF NOTICE
The Notice Inviting Bids was published on December 6 and 13, 2024 in the East County Times and The Brentwood Press.

ENVIRONMENTAL DETERMINATION

CITY COUNCIL AGENDA ITEM NO. F.1
03/11/2025
On August 13, 2024, by Resolution No. 2024-88, the City Council adopted the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan prepared for the Sand Creek Sports Complex Project. A Notice of Determination was filed with the Contra Costa County Clerk Recorder on August 16, 2024.

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation to move forward on the Project with the proposed funding sources.

2. Modify staff’s recommendation.

3. Continue item with direction for staff to return with additional information.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Proposed CIP Budget Sheet

4. Construction Contract

5. Response to Bid Protest

6. Rendering of Phase 1A

7. Public Art Funds Memo

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 26, 2019, the City Council adopted Resolution No. 2019-21, adopting the Parks, Trails and Recreation Master Plan Update.

On February 22, 2022, the City Council adopted Resolution No. 2022-25, 1) receiving the people, time & financial analysis of the draft Strategic Plan FY 2022/23 – FY 2023/24; 2) adopting the draft Strategic Plan FY 2022/23 – FY 2023/24; 3) directing staff to incorporate Strategic Plan FY 2022/23 – FY 2023/24 costs into the Operating and CIP Budgets, as well as in the City’s Ten-Year General Fund Fiscal Model; 4) approving the addition of six new full-time positions; and 5) directing staff to incorporate the costs associated with new positions into the FY 2022/23 – FY 2023/24 Operating Budgets, and authorize commencement of the recruitment for the new positions in FY 2021/22, to allow for filing of the positions no earlier than July 1, 2022.

On June 28, 2022, by Resolution 2022-85, the City Council adopted the City’s 2022/23 – 2026/27 Capital Improvement Program (“CIP”), which includes the Sand Creek Sports Complex, CIP Project No. 352-52446.

On April 11, 2023, by Resolution 2023-41, the City Council approved and authorized the City Manager or designee to execute an Agreement for Environmental Services and necessary documents, including amendments, for the Sand Creek Sports Complex, CIP Project No. 352-52446 with Raney Planning & Management, Inc. in the amount of $88,932, plus a 10% contingency amount of $8,894 for additional services, for a not to exceed amount of $97,826.

On May 28, 2024, by Resolution 2024-56, the City Council adopted the City’s 2024/25 – 2028/29 Capital Improvement Program (“CIP”), which included the Sand Creek Sports Complex, CIP Project No. 352-52446; and
On June 13, 2023, the City Council adopted Resolution 2023-78 for the overall conceptual plan for the Sand Creek Sports Complex, CIP Project No. 352-52446 and provided direction to staff to move forward with design and environmental review on Phase A of the project based on current available funding; with amendments to modify Field #1 to 75 x 120 yards, remove the concession stand to allow for food trucks, adding bleachers and reducing green space near Field #1, and move pickleball courts to the east side in the next phase to replace one of the multi-use fields, and include field lining on all three fields for lacrosse.

On May 28, 2024, by Resolution 2024-56, the City Council adopted the City’s 2024/25 – 2028/29 Capital Improvement Program (“CIP”), which includes the Sand Creek Sports Complex, CIP Project No. 352-52446.

On June 25, 2024, by Resolution 2024-76, the City Council 1) named the new sports complex the “Sand Creek Sports Complex”, 2) dedicated and named the championship field (Field #1) in the memory of Cecy Martinez, and 3) approved the design for the team photo area as recommended by the Park and Recreation Commission.

On August 13, 2024, by Resolution 2024-88, the City Council approved and adopted the Initial Study and Mitigated Negative Declaration for the Sand Creek Sports Complex project, dated May 2024 and directed staff to file a Notice of Determination within five (5) working days of adopting the Mitigated Negative Declaration.

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD 1) APPROVING THE CONTRACT DOCUMENTS,

AWARDING THE BID, AND AUTHORIZING THE CITY MANAGER OR

DESIGNEE TO EXECUTE A CONSTRUCTION CONTRACT AND

NECESSARY DOCUMENTS, INCLUDING THE USE OF

CONTINGENCY AMOUNTS, FOR THE SAND CREEK SPORTS
COMPLEX PHASE 1A PROJECT, CIP PROJECT NO. 352-52466 TO
ROBERT A. BOTHMAN INC. DBA ROBERT BOTHMAN

CONSTRUCTION, AS THE LOWEST RESPONSIBLE AND
RESPONSIVE BIDDER IN THE AMOUNT OF $18,285,788, PLUS
FUNDING AUTHORIZATION FOR A 10% CONTINGENCY AMOUNT
OF $1,828,788, FOR A TOTAL AUTHORIZATION NOT TO EXCEED
AMOUNT OF $20,114,367, 2) AMENDING THE FY 2024/25 –
2028/29 CAPITAL IMPROVEMENT PROGRAM (CIP); AND 3)
AMENDING THE FY 2024/25 OPERATING BUDGET FOR THE

ASSOCIATED PROJECT FUNDING TRANSFERS
WHEREAS, on February 26, 2019, City Council adopted Resolution No. 2019- 21 adopting the Parks, Trails and Recreation Master Plan Update; and WHEREAS, on February 22, 2022, City Council adopted Resolution No. 2022- 25, 1) receiving the people, time & financial analysis of the draft Strategic Plan FY 2022/23 – FY 2023/24; 2) adopting the draft Strategic Plan FY 2022/23 – FY 2023/24; 3) directing staff to incorporate Strategic Plan FY 2022/23 – FY 2023/24 costs into the Operating and CIP Budgets, as well as in the City’s Ten-Year General Fund Fiscal Model; 4) approving the addition of six new full-time positions; and 5) directing staff to incorporate the costs associated with new positions into the FY 2022/23 – FY 2023/24 Operating Budgets, and authorize commencement of the recruitment for the new positions in FY 2021/22, to allow for filing of the positions no earlier than July 1, 2022; and
WHEREAS, on June 28, 2022, by Resolution 2022-85, the City Council adopted the City’s 2022/23 – 2026/27 Capital Improvement Program (“CIP”), which includes the Sand Creek Sports Complex, CIP Project No. 352-52446; and WHEREAS, on April 11, 2023, by Resolution 2023-41, City Council approved and authorized the City Manager or designee to execute an Agreement for Environmental Services and necessary documents, including amendments, for the Sand Creek Sports Complex, CIP Project No. 352-52446 with Raney Planning & Management, Inc. in the amount of $88,932, plus a 10% contingency amount of $8,894 for additional services, for a not to exceed amount of $97,826; and WHEREAS, on May 28, 2024, by Resolution 2024-56, the City Council adopted the City’s 2024/25 – 2028/29 Capital Improvement Program (“CIP”), which included the Sand Creek Sports Complex, CIP Project No. 352-52446; and

WHEREAS, on June 13, 2023, City Council adopted Resolution 2023-78 for the overall conceptual plan for the Sand Creek Sports Complex, CIP Project No. 352- 52446 and provided direction to staff to move forward with design and environmental review on Phase 1A of the project based on current available funding; with amendments to modify Field #1 to 75 x 120 yards, remove the concession stand to allow for food trucks, adding bleachers and reducing green space near Field #1, and move pickleball courts to the east side in the next phase to replace one of the multiuse fields, and include field lining on all three fields for lacrosse; and WHEREAS, on May 28, 2024, by Resolution 2024-56, the City Council adopted the City’s 2024/25 – 2028/29 Capital Improvement Program (“CIP”), which includes the Sand Creek Sports Complex, CIP Project No. 352-52446; and WHEREAS, on June 25, 2024, by Resolution 2024-76, the City Council 1) named the new sports complex the “Sand Creek Sports Complex”, 2) Dedicated and named the championship field (Field #1) in the memory of Cecy Martinez, and 3) Approved the design for the team photo area as recommended by the Park and Recreation Commission; and
WHEREAS, on August 13, 2024, by Resolution 2024-88, the City Council approved and adopted the Initial Study and Mitigated Negative Declaration for the Sand Creek Sports Complex project, dated May 2024 and the Notice of Determination was filed with the Contra Costa County Clerk Record on August 16, 2024; and WHEREAS, following staff review of plans and specifications, the Project was advertised for bid on November 27, 2024; and
WHEREAS, nine (9) bids were received and opened on February 4, 2025; and WHEREAS, Robert A. Bothman, Inc., dba Robert Bothman Construction was the lowest responsive and responsible bidder, despite a protest submitted by the second lowest bidder O.C. Jones & Sons, Inc.; and
WHEREAS, following legal consultation, a written response was provided to O.C. Jones & Sons, Inc., that a determination was made that Bothman’s bid was deemed responsive and that O.C. Jones & Sons, Inc.’s bid protest lacked merit.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby:
1) approves the contract documents, awards the bid, and authorizes the City Manager or designee to execute a construction contract and necessary documents, including the use of contingency amounts, for the Sand Creek Sports Complex Phase 1A Project, CIP Project No. 352-52466 to Robert A. Bothman, Inc., dba Robert Bothman Construction, as the lowest responsible and responsive bidder in the amount of $18,285,788, plus funding authorization for a 10% contingency amount of $1,828,579, for a total authorization not to exceed amount of $20,114,367;

2) amends the FY 2024/25 – 2028/29 Capital Improvement Program (CIP) for the Sand Creek Sports Complex, CIP Project No. 352-52466, as detailed in the amended CIP project sheet, Attachment 3, incorporated herein by reference; and
3) amends the FY 2024/25 Operating Budget for the associated project funding transfers.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 11th day of March 2025 by the following vote:

44 City of Brentwood 2025/26 – 2029/30 Capital Improvement Program Project Title: * MULTI-YEAR * Project #:

Sand Creek Sports Complex 352-52446
Description/Justification:

Sand Creek Sports Complex Site I consists of the design and construction of the 14.50 acres of City owned property identified as the future Sand Creek Sports Complex. Site I will include 3 full size soccer fields that will also be lined for lacrosse, a parking lot, restrooms, picnic area and other possible park amenities like pickle ball courts, basketball courts, exercise equipment, playground, etc. Site II is made up of the Contra Costa County Flood Control detention basin, which consists of 19.24 acres, and will potentially add 2 soccer fields.

Project Status:

This project is in the preconstruction phase. Estimated completion is spring 2027.

Supplemental Information:

This project will be funded by the General Fund, Parks and Trails Development Impact Fee Fund and other sources including the Capital Infrastructure Fund ($2,353,454), 2015 Lease Financing Bond Proceeds ($388,931) and Bond Refinance Savings ($495,000).

The City Council has approved a long-term interfund loan covering the remainder of the costs, $2,016,661, which will be repaid with the future cash flow stream from Bond Refinance Savings. Future O & M costs will consist of turf maintenance, staffing, landscaping, utilities and trash services. This project was included in the City’s Strategic Plan for FY 2022/23 - FY 2023/24.

PROJECT EXPENDITURES Prior 2025/26 2026/27 2027/28 2028/29 2029/30 TOTAL 70239 Legal 1,463 18,537 $ 20,000
90040 Planning and Design 2,085,040 1,843,765 $ 3,928,805 90050 Construction 20,114,367 $ 20,114,367
TOTAL $ 2,086,503 $ 21,976,669 $ 24,063,172
PROJECT FUNDING Prior 2025/26 2026/27 2027/28 2028/29 2029/30 TOTAL 47100 General Fund 8,544,430 $ 8,544,430
47252 Development Impact Fees 7,764,696 2,500,000 $ 10,264,696 4xxxx Other 2,900,592 2,353,454 $ 5,254,046
TOTAL $ 19,209,718 $ 4,853,454 $ 24,063,172

PROJECT FINANCING CURRENT PROPOSED
Project Category: Parks and Trails Improvements
Location: North side of Sand Creek Road/West
of Fairview Avenue
Project Manager: A. Wanden
Project Priority: 1C - Mandatory
Est. Completion Date: 2026/27
Future Annual
O & M Impact: $128,125
Public Art
Requirement: Exempt
General Plan Policy: CSF 2-7

Contract
This public works contract (“Contract”) is entered into by and between the City of Brentwood (“City”) and Robert A. Bothman, Inc. dba Robert Bothman Construction (“Contractor”), for work on the Sand Creek Sports Complex Project (Phase 1A), CIP Project No. 352-52446 (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On March 11, 2025, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below. City has elected to include the following Project alternate(s) in the Contract: Bid Alternates #1 (Turf Maintenance Contract), #2 (Picnic/Warm-up Area/Additional Planting), #3 (Tree Planting and Irrigation Along District’s Basin), and #4 (Park Maintenance Building/Storage Yard/Fencing).

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

2.13 The following: No other documents.

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $18,285,787.56 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 365 calendar days from the start date set forth in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $5,000 per day for each day of unexcused delay in achieving Final Completion, and such

liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors, and agents may not have, maintain, or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:

City:

City of Brentwood
Parks and Recreation Department
150 City Park Way
Brentwood, CA 94513
Phone: (925) 516-5444
Attn: Aaron Wanden, Park Maintenance Manager
[email protected]
Copy to: Tammy Homan, Management Analyst
[email protected]

Contractor:

Name: Robert A. Bothman, Inc. dba Robert Bothman Construction Address: 2690 Scott Blvd.

City/State/Zip: Santa Clara, CA 95050
Phone: (408) 279-2277
Attn: Brian Bothman, Vice President
Email: [email protected]

Copy to: Kevin LeBlanc, Contracts Manager
[email protected]
Robert Bingham, Chief Estimator
[email protected]

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Contra Costa County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Contra Costa County, California.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code § 313.

12.9 Digital/Electronic Signatures. Using a City-approved method, this Contract 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 Contract will be construed as the Parties’ consent to do business electronically.

The parties agree to this Contract as witnessed by the signatures below:

CITY: Approved as to form:
s/_______________________________ s/__________________________________ Tim Y. Ogden, City Manager Katherine Wisinski, City Attorney Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
Amanda McVey, City Clerk
Date: ___________________________
CONTRACTOR: Robert A. Bothman, Inc. dba Robert Bothman Construction Business Name
s/_______________________________ Seal:

Brian Bothman, Vice President
Date: ____________________________
440332 Exp. 05.31.25 A, B, C8, C27
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT

Parks & Recreation – 150 City Park Way, Brentwood, CA 94513 Parks Maintenance – 2251 Elkins Way, Building B, Brentwood, CA 94513 City of Brentwood Family Aquatic Complex – 195 Griffith Lane, Brentwood, CA 94513 Brentwood Senior Activity Center – 193 Griffith Lane, Brentwood, CA 94513 Phone: (925) 516-5444 Fax: (925) 516-5447

BID RESULTS
SAND CREEK SPORTS COMPLEX (PHASE 1A)
CIP PROJECT NO. 352-52446
TUESDAY, FEBRUARY 4, 2025 AT 2:00 P.M.

PLAN HOLDER BID AMOUNT
Robert A. Bothman Inc. dba Robert Bothman Construction $18,285,787.56 OC Jones $18,895,583.50
Ghilotti Bros., Inc. $19,332,128.31
Goodfellow Bros. California, LLC $20,125,553.98
McGuire and Hester $20,379,491.92
Bay Cities Paving & Grading, Inc. $21,227,758.20
R&R Pacific Construction* $21,318,714.26
Rodan Builders, Inc. $22,215,752.00
Legion Contractors, Inc. $22,845,148.45
*Non-Responsive
Robert A. Bothman Inc. will be recommended for award of contract at the March 11, 2025 City Council meeting.

List of Subcontractors
Subcontractor Description % of Work
Griffin Soil Soil Stabilization 1.61%
Public Restroom Company Pre-Fabricated Building Installation 0.53% Cozart Brothers Rough Grading 4.5%
Consolidated Engineering Inc. Asphalt Paving 0.63%
Jensen Landscape Landscaping 4.84%
Golden Bay Fence Plus Iron Works Fencing 5.84%
Field Turf Synthetic Turf 11.57%
Platinum Pipeline INc. Underground 4.48%
Diversified Power Corp. Electrical 17.67%
W. Bradley Electric Traffic Signal 2.67%

EXHIBIT A

February 6, 2025
City of Brentwood
Attn: Amanda McVey, City Clerk
150 City Park Way
Brentwood, CA 94513
Subject: Response to Protest of Bid Submission Irregularities for Sand Creek Sports Complex (Phase 1A), CIP Project No. 352-52446
Dear Ms. McVey.

Robert A. Bothman, Inc. (“RAB”) has reviewed O.C. Jones, Inc’s. (“O.C. Jones”) bid protest for the Sand Creek Sports Complex Project and hereby responds as follows.

O.C. Jones, frivolous protest misconstrues the meaning and intent of Item 2 of the Instructions to Bidders. The purpose of Item 2 is for a bidder to provide clear and concise bid details without altering the form or language of the bid document with interlineations, alterations, or erasures.

RAB did not alter the language of the actual bid form but merely used whiteout in several areas to correct its hand-written clerical errors and provide a concise and readable bid. The original language of the bid form remains unaltered. Ironically, if you follow O.C. Jones’s logic, then its bid would violate Item 2 as every time it crossed out its writing, it was making an “alteration” to the bid form. This clearly can’t be the case.

The protest is a superficial attempt by O.C. Jones to set aside the low bid and request that the City of Brentwood spend an additional $700,000 of their respective taxpayer’s money on a project solely because the responsive low bidder corrected a few clerical handwriting errors. As such, RAB respectfully requests that O.C. Jones’s protest be denied and the project be awarded to RAB, the actual responsive low bidder.

Sincerely,
Robert Bingham
Chief Estimator
Sincerely,
Robert Bingham

EXHIBIT B

Use of Public Art Funds
Like many cities, Brentwood requires public and private developers to include public art in their projects. The California Supreme Court noted nearly thirty years ago that “[t]he requirement of providing art in an area of the project reasonably accessible to the public is, like other design and landscaping requirements, a kind of aesthetic control well within the authority of the city to impose.”1 Brentwood’s public art ordinance defines “public art” as “artwork that is visually and physically accessible to the public and may include performing, musical, visual, cultural, physical, permanent, or temporary works.” (BMC § 2.60.060.) It states that:

In the commissioning and approval of public art projects, through the establishment of a city public art collection, and/or in the establishment of a city art gallery, the public art should be in harmony with the city's heritage, vision, and/or opportunity. Public art should strive to say "this is Brentwood.”
(BMC § 2.60.020(B).) Thus, with specified exemptions, all residential subdivisions and any project consisting of more than four lots or units of any nature must make provision for public artwork. In addition, projects within the City capital improvement program such as bridges, viaducts, elevated ways, gates and other structures owned by the city (and within the city) are likewise subject to the requirement. (BMC §

2.60.030(B).)
This mandate to provide public art can be satisfied by either:

1. acquiring and installing artwork in public places2 on or near the project site, as approved by the City Council. In that case, the cost or value of the art should be as per resolution of the City Council, or

2. paying an in-lieu contribution for acquiring and installing an artwork project by contributing to the City municipal art fund as per resolution of the City Council. (BMC § 2.60.030(A).)
On September 12, 2023, the Council adopted Resolution No. 2023-113, adopting the FY 23/24 Cost Allocation Plan, which included the following public art fees:

Fee Description Fee
Public Developments 1% of construction costs
Residential
Developments
4/10ths of 1% of project valuation as set forth in the
City's building permit

1 Ehrlich v. City of Culver City (1996) 12 Cal.4th 854, 886. 2 “’Public places’ means all city-owned spaces, indoors and outdoors, which are generally accessible to the public.” (BMC § 2.60.060.)

March 11, 2024

Fee Description Fee
Public/Residential
Developments
Remodeling, repair or reconstruction with a project
valuation over $250,000. 4/10ths of 1% of project
valuation
In-Lieu Contribution 125% of approved fee
The use of these public art funds is addressed at BMC § 2.60.040, which provides, in relevant part:

All funds appropriated for public art shall be deposited into a public art fund. The city council shall authorize projects for funding as prescribed in the public art program guidelines. In circumstances where it is not feasible to incorporate artistic features into a particular project, such money appropriated may be pooled and used for art in other projects. Disbursement of such funds shall be made in connection with projects approved by the city council.

The Public Art Program Guidelines (the “Guidelines”) speaks to the use of public art funds, providing that:

All funds appropriated for public art shall be deposited into the public art program funds. The City Council shall authorize projects for funding as prescribed in the public art guidelines. In circumstances where it is not feasible to incorporate artistic features into a particular project, such money appropriate may be pooled and used for art in other projects.

Disbursement of such funds shall be made in connection with projects approved by the City Council. Nothing herein prohibits the Commission or City from soliciting or receiving grants, donations, bequests or gifts from private or public sources from depositing monies received in the public art fund to be expended in a manner consistent with the public art guidelines.

The Guidelines also includes lists of both eligible and ineligible artworks that may be funded from public art funds. As relevant to the question of whether such funds could be used for a given project, Section VI of the Guidelines includes the following provisions:

Eligible Artworks
Design work provided by the artists, including but not limited to:
• Interior or exterior surfaces, fixtures and functional elements. • Outdoor space design elements in areas such as plazas, arcades and pedestrian passageways.

March 11, 2024

• Artistic design of roadways, parkways, pedestrian or bicycle paths ways, transit system improvements, water and watershed facilities, solid waste transfer stations and sites with historic, archeological, and unique geological features.

Elements such as sound-walls, utility structures, roadway elements and other items designed by an artist or design team that includes artists.

Ineligible Artworks
Decorative, ornamental or functional elements or architecture except where these elements are designed by the artist and/or are an integral part of the artwork by the artist or are the results of collaboration among design professionals, including at least one artist.

Landscape architecture and landscape gardening except where these elements are designed by the artist and/or are an integral part of the artwork by the artist or are the result of collaboration among design professionals, including an artist.

Services or utilities necessary to operate or maintain the artwork in perpetuity.

A common theme amongst all of the eligible artworks is the participation of an artist as an integral partner in the work’s creation. From a legal perspective, whether or not such funds could be used for a certain project turns on which aspects of the project the Council would want to fund in this way. An array of project features could conceivably fit within the “eligible artworks” listed, including design work, discrete elements designed by artists, and outdoor space design elements, provided an artist was engaged in the work. This might include murals, artist-designed plazas or piazzas, mosaics, sculpture, or artist-designed elements of other amphitheater features. “Architecture,” however, is listed as ineligible, unless it meets specified exceptions, and therefore buildings or structures would likely be difficult to categorize as eligible, without those exceptions applying.

In terms of process, the Arts Commission is vested with the authority to make recommendations to the City Council as to the approval or the purchase or placement of public art, per BMC § 2.60.050(B). Given this, the proposal to employ public arts funds would be taken to the Arts Commission for their consideration and recommendation prior to the approval, purchase, or placement of any public art.

CITY COUNCIL AGENDA ITEM NO. F.2
03/11/2025
SUBJECT: Approve an agreement with PG&E for electrical design services for the Sand Creek Sports Complex Project, CIP Project No. 352- 52446
DEPARTMENT: Parks and Recreation
STAFF: Darin Gale, Interim Director of Parks and Recreation Aaron Wanden, Park Maintenance Manager

TITLE/RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager to execute an agreement with PG&E in the amount of $59,614, plus a contingency of $8,942, for a total not to exceed amount of $68,556 for electrical design services for the Sand Creek Sports Complex Project, CIP Project No. 352-52446 (“Project”).

On August 13, 2024, by Resolution 2024-88, the City Council approved and adopted the Initial Study and Mitigated Negative Declaration for the Sand Creek Sports Complex project.

FISCAL IMPACT
Funding for the Project is currently included in the 2024/25 – 2028/29 Capital Improvement Program (CIP) with an approved budget of $19,209,718. A detailed discussion of the funding for this Project is included in a separate item on tonight’s agenda.

The cost for the contract is summarized as follows:

PG&E Agreement Amount
Design Services $59,614
Contingency – 15% 8,942
Total Not to Exceed Agreement Cost $68,556
PG&E has indicated that they will need to re-cost the electrical design project due to the duration of time between the initial application and authorization to move forward with the services. Therefore, staff is requesting a 15% contingency for the potential increase in cost. A deposit of $3,000 has been paid to PG&E to initiate the project

CITY COUNCIL AGENDA ITEM NO. F.2
03/11/2025
and enter PG&E’s queue. The remaining payment due is estimated at this time to be $56,614.

Additional costs for construction and activation of PG&E electrical service to the Project site is estimated to be $1,000,000 and is included in the approved Project amount.

BACKGROUND
Preliminary design work commenced with public meetings held on January 31, 2023 and March 9, 2023 to solicit input from the community as to the desired amenities to be included as part of the Project. The City Council then approved an Agreement for Environmental Services with Raney Planning & Management, Inc. for the Project in April 2023.

On May 9, 2023, at the City Council CIP Workshop, the City Council considered the Project, and approved retaining the Project in the 2023/24 – 2027/28 Capital Improvement Program with a budget of $19.2 million for Phase 1A.

On August 13, 2024, the City Council held a public hearing to consider the approval and adoption of the Initial Study and Mitigated Negative Declaration for the Project.

The City Council approved the documents and adopted Resolution 2024-88, with the Notice of Determination being filed with the Contra Costa County Clerk Recorder on August 16, 2024.

PG&E electrical services are required for the Project, as currently there are no utilities to serve site facilities, such as the restroom building, sports fields lights, and so forth.

Staff requests executing the agreement with PG&E for the design of the electrical services required for the Project. With the length of time required for PG&E to perform the services, it is imperative that work commence as expeditiously as possible to allow the Project to move forward.

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 5: Parks and Recreation Services

2. Develop a plan to implement long-term high priority Parks and Recreation Master Plan projects.
a. Sand Creek Sports Complex design & development and issue a RFP for design services as soon as feasible.

CITY COUNCIL AGENDA ITEM NO. F.2
03/11/2025

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
On August 13, 2024, by Resolution 2024-88, the City Council approved and adopted the Initial Study and Mitigated Negative Declaration for the Sand Creek Sports Complex project.

ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:

1. Do not approve staff’s recommendation. If this contract is not approved, then the Project will not be able to move forward as electrical service is required for the Sand Creek Sports Complex.

2. Continue item with direction for staff to return with additional information.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. PG&E Contract

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 26, 2019, the City Council adopted Resolution No. 2019-21, adopting the Parks, Trails and Recreation Master Plan Update.

On February 22, 2022, the City Council adopted Resolution No. 2022-25, 1) receiving the people, time & financial analysis of the draft Strategic Plan FY 2022/23 – FY 2023/24; 2) adopting the draft Strategic Plan FY 2022/23 – FY 2023/24; 3) directing staff to incorporate Strategic Plan FY 2022/23 – FY 2023/24 costs into the Operating and CIP Budgets, as well as in the City’s Ten-Year General Fund Fiscal Model; 4) approving the addition of six new full-time positions; and 5) directing staff to incorporate the costs associated with new positions into the FY 2022/23 – FY 2023/24 Operating Budgets, and authorize commencement of the recruitment for the new positions in FY 2021/22, to allow for filing of the positions no earlier than July 1, 2022.

On June 28, 2022, by Resolution 2022-85, the City Council adopted the City’s 2022/23 – 2026/27 Capital Improvement Program (“CIP”), which includes the Sand Creek Sports Complex, CIP Project No. 352-52446.

On April 11, 2023, by Resolution 2023-41, the City Council approved and authorized the City Manager or designee to execute an Agreement for Environmental Services and necessary documents, including amendments, for the Sand Creek Sports Complex, CIP Project No. 352-52446 with Raney Planning & Management, Inc. in the amount of $88,932, plus a 10% contingency amount of $8,894 for additional services, for a not to exceed amount of $97,826.

On May 28, 2024, by Resolution 2024-56, the City Council adopted the City’s 2024/25 – 2028/29 Capital Improvement Program (“CIP”), which included the Sand Creek Sports Complex, CIP Project No. 352-52446.

On June 13, 2023, the City Council adopted Resolution 2023-78 for the overall conceptual plan for the Sand Creek Sports Complex, CIP Project No. 352-52446 and provided direction to staff to move forward with design and environmental review on Phase A of the project based on current available funding; with amendments to modify Field #1 to 75 x 120 yards, remove the concession stand to allow for food trucks, adding bleachers and reducing green space near Field #1, and move pickleball courts to the east side in the next phase to replace one of the multi-use fields, and include field lining on all three fields for lacrosse.

On May 28, 2024, by Resolution 2024-56, the City Council adopted the City’s 2024/25 – 2028/29 Capital Improvement Program (“CIP”), which includes the Sand Creek Sports Complex, CIP Project No. 352-52446.

On June 25, 2024, by Resolution 2024-76, the City Council 1) named the new sports complex the “Sand Creek Sports Complex”, 2) dedicated and named the championship field (Field #1) in the memory of Cecy Martinez, and 3) approved the design for the team photo area as recommended by the Park and Recreation Commission.

On August 13, 2024, by Resolution 2024-88, the City Council approved and adopted the Initial Study and Mitigated Negative Declaration for the Sand Creek Sports Complex project, dated May 2024 and directed staff to file a Notice of Determination within five (5) working days of adopting the Mitigated Negative Declaration.

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING AND AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH
PG&E IN THE AMOUNT OF $59,614, PLUS A CONTINGENCY OF
$8,942, FOR A TOTAL NOT TO EXCEED AMOUNT OF $68,556 FOR

DESIGN SERVICES FOR THE SAND CREEK SPORTS COMPLEX
PROJECT, CIP PROJECT NO. 352-52446
WHEREAS, on February 26, 2019, the City Council adopted Resolution No. 2019-21, adopting the Parks, Trails and Recreation Master Plan Update; and WHEREAS, on February 22, 2022, the City Council adopted Resolution No. 2022-25, 1) receiving the people, time & financial analysis of the draft Strategic Plan FY 2022/23 – FY 2023/24; 2) adopting the draft Strategic Plan FY 2022/23 – FY 2023/24; 3) directing staff to incorporate Strategic Plan FY 2022/23 – FY 2023/24 costs into the Operating and CIP Budgets, as well as in the City’s Ten-Year General Fund Fiscal Model; 4) approving the addition of six new full-time positions; and 5) directing staff to incorporate the costs associated with new positions into the FY 2022/23 – FY 2023/24 Operating Budgets, and authorize commencement of the recruitment for the new positions in FY 2021/22, to allow for filing of the positions no earlier than July 1, 2022; and
WHEREAS, on June 28, 2022, by Resolution 2022-85, the City Council adopted the City’s 2022/23 – 2026/27 Capital Improvement Program (“CIP”), which includes the Sand Creek Sports Complex, CIP Project No. 352-52446; and WHEREAS, on April 11, 2023, by Resolution 2023-41, the City Council approved and authorized the City Manager or designee to execute an Agreement for Environmental Services and necessary documents, including amendments, for the Sand Creek Sports Complex, CIP Project No. 352-52446 with Raney Planning & Management, Inc. in the amount of $88,932, plus a 10% contingency amount of $8,894 for additional services, for a not to exceed amount of $97,826; and WHEREAS, on May 28, 2024, by Resolution 2024-56, the City Council adopted the City’s 2024/25 – 2028/29 CIP, which included the Sand Creek Sports Complex, CIP Project No. 352-52446; and
WHEREAS, on June 13, 2023, the City Council adopted Resolution 2023-78 for the overall conceptual plan for the Sand Creek Sports Complex, CIP Project No. 352-52446, and provided direction to staff to move forward with design and environmental review on Phase 1A of the project based on current available funding; with amendments to modify Field #1 to 75 x 120 yards, remove the concession stand to allow for food trucks, adding bleachers and reducing green space near Field #1, and move pickleball courts to the east side in the next phase to replace one of the multi-use fields, and include field lining on all three fields for lacrosse; and

WHEREAS, on May 28, 2024, by Resolution 2024-56, the City Council adopted the City’s 2024/25 – 2028/29 CIP, which includes the Sand Creek Sports Complex, CIP Project No. 352-52446; and
WHEREAS, on June 25, 2024, by Resolution 2024-76, the City Council 1) named the new sports complex the “Sand Creek Sports Complex”, 2) dedicated and named the championship field (Field #1) in the memory of Cecy Martinez, and 3) approved the design for the team photo area as recommended by the Park and Recreation Commission; and
WHEREAS, on August 13, 2024, by Resolution 2024-88, the City Council approved and adopted the Initial Study and Mitigated Negative Declaration for the Sand Creek Sports Complex project, dated May 2024 and the Notice of Determination was filed with the Contra Costa County Clerk Record on August 16, 2024; and WHEREAS, electrical services will be required for the Sand Creek Sports Complex project; and
WHEREAS, PG&E has provided an estimated cost for the design work required for the electrical services for the project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby approves and authorizes the City Manager or designee to execute and agreement with PG&E in the amount of $59,614, plus a contingency of $8,942, for a total not to exceed amount of $68,556 for electrical design services for the Sand Creek Sports Complex Project, CIP Project No. 352-52446.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 11th day of March 2025 by the following vote:

CITY COUNCIL AGENDA ITEM NO. F.3
03/11/2025
SUBJECT: Update and receipt of City Council direction on the Vineyards at Marsh Creek - Event Center/Amphitheater Project Phases
DEPARTMENT: Parks & Recreation Department
Engineering Department
STAFF: Allen Baquilar, Director of Engineering/City Engineer Darin Gale, Acting Director of Parks and Recreation

TITLE/RECOMMENDATION
Receive an update on the Vineyards at Marsh Creek - Event Center/Amphitheater Phase I, CIP No. 337-37231, (“Project”), discuss and provide direction regarding the Project phases, including the use of associated funds.

FISCAL IMPACT
The Project is included in the adopted 2024/25 – 2028/29 Capital Improvement Program with a total budget of $9,400,000. After accounting for the 30% design costs, approximately $8,600,000 remains available in the Project budget. Current funding sources for the Project are summarized as follows:

Funding Source Budget Amount
Vineyards Project Fund $5,018,942
Vineyards Event Center Fund $4,031,058
Public Art Acquisition Fund $350,000
Total $9,400,000
The source of the Vineyards Project Fund amount is Development Impact Fees charged to the developer of the Vineyards. The source of the Vineyards Event Center Fund is a $3,672,000 contribution by the developer of the Vineyards specifically for the event center Project, along with approximately $359,000 of interest earned by the City on the contribution that is not restricted to the Project. The remaining amount from the Public Art Acquisition Fund is for use on the Project’s public art requirement (See attached memo about its legal uses).

There is sufficient funding from the Vineyards Event Center Fund and Public Art Acquisition Fund for the proposed Phase I of the Project detailed in the Background

CITY COUNCIL AGENDA ITEM NO. F.3
03/11/2025
section, below. Proposed Project Phase II and Phase III have estimated funding shortfalls of $5.7 million and $11.2 million, respectively.

If only Phase I of the Project was completed, the Development Impact Fees in the Vineyards Project Fund could be returned to the various Development Impact Fee Funds in proportion to the original fee allocation.

Future ongoing operations and maintenance (O&M) cost estimates for each proposed Phase of the Project are as follows:

Phase Description Construction Cost Estimated O&M
I Event Lawn & Parking Lot $4,400,000 $70,000 per year
II 750-seat Amphitheater &
Expanded Parking Lot
$15,100,000 $300,000 per year
III Expanded 1000-seat
Amphitheater + 10,000sf
Event Center
$20,600,000 $400,000 per year
Due to the remote location of the Project and limited visibility from Vineyards Parkway, additional operational costs may be incurred for site security and to address potential vandalism.

This estimated O&M cost would change, depending on the scope of maintenance, programming and other operational considerations, such as the potential of offsetting revenues from ticket sales, reservation fees and inflation.

Funding for O&M would be provided primarily from the General Fund, with a small portion funded from revenue from Landscape and Lighting Assessment District 06-3.

The ten-year General Fund Fiscal Model (“Fiscal Model”), as presented at the MidYear Budget updated in January 2025 included a balance in the Budget Stabilization Fund at the end of the ten-year period of $1.2 million. The Fiscal Model presented at that time included a placeholder for estimated annual O&M costs of $425,000 beginning in FY 2026/27.

As previously directed by City Council, staff will continue to explore grant opportunities and partnerships to provide additional funding towards the project.

CITY COUNCIL AGENDA ITEM NO. F.3
03/11/2025

BACKGROUND
The current Project description includes a 1,000-seat outdoor amphitheater, wedding venue, promenade, parking lot, sculpture garden, adventure themed playground, and future 10,000 square foot event center.

Because of funding constraints, the project as currently envisioned would be constructed in three phases:

Phase I would include a small event stage, food truck court, 50-65 parking stalls, restroom and park maintenance building. The costs associated with Phase I, including design, are estimated to work with the approximately $4.4M of Project funding from the Vineyards Event Center Fund and Public Art Acquisition Fund.

Phase II would add a 750-seat amphitheater, expanded 250 vehicle (total) parking lot, traffic signal and shaded promenade. The costs associated with Phase I are anticipated to total approximately $15.1M. The current Project budget is short by approximately $5.7M.

Phase III would add approximately 250 seats to the amphitheater and a new 10,000 square-foot event center facility. The costs associated with Phase II are anticipated to be approximately another $5.5M. The current Project budget in total would be short by approximately $11.2M.

Staff amended the current architectural services agreement with the architect, DLR Group, with the expanded scope that follows to fit within the remaining $95,000 of the balance and contingency to provide:
1) Schematic design level documents, with phasing listed above, sufficient for estimating costs.
2) Renderings showing aerial updated views of 3 project phases and enlarged perspective of the event lawn (Phase I)
3) Acoustic mapping for Phase I
4) Updated cost estimates, including a menu of options for each phase The Subsequent Environmental Impact Review process is currently on hold pending the final scope of Phase I. Staff anticipates providing site plan and visuals at the Council meeting as it was not available at the time of agenda publication.

CITY COUNCIL AGENDA ITEM NO. F.3
03/11/2025
Policy Direction:

1. Finalize design of Phase 1 and prepare it for bid this summer?

2. Forego Phase 1 to preserve and add to funding available for Phase 2?

3. Other options not considered?

CITY COUNCIL STRATEGIC INITIATIVE
City of Brentwood Strategic Plan FY 2022/23 – 2023/24 Focus Area 5: Community and Neighborhood Services, Goal 3a Continue Development of the Amphitheater.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
The City is currently in contract with an environmental quality consultant, Raney Planning & Management, Inc., to prepare a Subsequent Environmental Impact Report for the Project.

ALTERNATIVE OPTION(S)
Noted above.

ATTACHMENT(S)

1. Previous Action

2. CIP Sheet

3. Public Arts Funds Memo

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 April 13, 2004, the City Council approved the Environmental Impact Report, the Development Agreement, the General Plan Amendment and the Rezone for The Vineyards at Marsh Creek Project.

On January 11, 2011, the City Council adopted Ordinance No. 886, approving the first amendment to the Development Agreement for The Vineyards at Marsh Creek Project.

On December 11, 2012, the City Council adopted Ordinance No. 908, approving the second amendment to the Development Agreement for The Vineyards at Marsh Creek Project.

On November 16 and 17, 2017, the City Council held workshops to discuss, deliberate and direct staff on City Council priorities and the allocation of financial resources for the development of a two-year City of Brentwood Strategic Plan. Direction was provided to initiate the amphitheater feasibility study in Fiscal Year 2017/18.

On January 23, 2018, by Resolution No. 2018-07, the City Council amended the 2017/18 Operating Budget and approved the recommended mid-year budget adjustments, including an amendment of $100,000 for funding of the Vineyards amphitheater feasibility study.

On May 8, 2018, by Resolution No. 2018-47, the City Council approved and authorized the City Manager or designee to execute a Professional Services Agreement with C.H. Johnson Consulting, Inc., to perform an amphitheater feasibility study in an amount not to exceed $99,920.

On August 13, 2019, the City Council accepted an informational report regarding the amphitheater feasibility study and provided initial direction to staff, with further City Council direction regarding possible implementation and prioritization to be provided during the upcoming Strategic Planning Process.

On February 25, 2020, by Resolution No. 2020-24, the City Council approved and authorized the use of the design-build methodology for the bidding process of The Vineyards at Marsh Creek – Event Center / Amphitheater, CIP Project No. 337-37231.

On February 9, 2021, by Resolution No. 2021-19, the City Council approved and authorized the City Manager to execute an Agreement for Architectural Design Services with DLR Group in the amount of $362,950, plus a 10% contingency of $36,295, for a total not-to-exceed amount of $399,245, for The Vineyards at Marsh Creek – Event Center / Amphitheater, CIP Project No. 337-37231.

On May 25, 2021, by Resolution No. 2021-59, the City Council adopted the City’s 2021/22 – 2025/26 Capital Improvement Program (“CIP”), which included the Vineyards at Marsh Creek – Event Center/Amphitheater, CIP Project No. 337-37231.

On December 14, 2021, by Resolution No. 2021-149, the City Council approved and authorized the City Manager to execute an Agreement for Environmental Services with Raney Planning & Management, Inc. for preparation of a Subsequent Environmental Impact Report in the amount of $169,420, plus a 10% contingency of $16,942, for a total not-to-exceed amount of $186,362, for the Vineyards at Marsh Creek – Event Center/Amphitheater, CIP Project No. 337-37231.

On January 23, 2024, by motion, the City Council directed staff to (1) move forward with Subsequent EIR process with current project description, (2) examine scaling and phasing options to reduce costs and potentially serve as project alternatives, and (3) explore grant opportunities and partnerships.

On April 30, 2024, by motion, the City Council directed staff to:
 Research (a) availability of using existing Public Art funds for amphitheater/performance arts purposes, or, if necessary (b) possibility of amending Public Art ordinance to allow existing funds to be used for amphitheater/performance arts purposes
 Work with consultant on developing new concept that would include, within currently available project budget for Option C:
o Stage within the upper area of the project site
o Removal of wedding pavilion
o Lights to allow use of facility at night
o Area for food trucks to come and go (not be permanently parked) o Accommodations for uses other than performances, such as a Farmers’ Market
o Analysis of impacts of (a) noise and (b) light of siting performance area at top of site
o Seating for facility users (not solely lawn seating)
o Evaluation of ADA considerations for both upper phase and lower phase o Evaluation of parking needs based on new vision
o Break down cost by phase and amenity
o Phasing of full amphitheater in the future, as funds allow o Removal of art pieces and repurposing of funds for performance arts

115
City of Brentwood 2024/25 – 2028/29 Capital Improvement Program Project Title: * MULTI-YEAR * Project #:

Vineyards at Marsh Creek - Event Center/Amphitheater Phase I 337-37231 Description/Justification:

The project site is within the Vineyards at Marsh Creek development. Consistent with a development agreement between the City and the developer of the Vineyards at Marsh Creek, the developer has submitted a total of $3.5 million, plus interest, to the City for the design and construction of the project. Phase I will consist of a 750-seat Amphitheater, box office with amenities and a parking lot. Design of the Amphitheater has commenced to 30% design drawings and a Subsequent Environmental Impact Report (SEIR) will be completed in summer 2024. Upon acceptance of the SEIR and selection of the design-build contractor, design will be completed and construction is anticipated to begin FY 2024/25 and completed in FY 2025/26.

Project Status:

This project is currently in the design phase and construction is planned to begin in FY 2024/25.

Supplemental Information:

On January 23, 2024, City Council directed staff to reduce the scope of Phase I to fit the remaining budget. The Architect, DLR Group, completed 30% design and Contract Bridging Documents in FY 2021/22. A market feasibility study was completed in 2019 as well as an initial feasibility study for this project in 2009. This project is funded by $4,000,000 from the Vineyards Event Center Fund, $350,000 from the Public Art Acquisition Fund and the remainder from the Vineyards Projects Fund. The event center will be a future phase of the project that will be funded through the Development Fee Program. Future annual O & M costs are undetermined at this time but shall be funded through a combination of General Fund and Landscape and Lighting Assessment District 06-3. This project was included in the City’s Strategic Plan for FY 2022/23 - FY 2023/24.

PROJECT EXPENDITURES Prior 2024/25 2025/26 2026/27 2027/28 2028/29 TOTAL 70239 Legal 5,000 25,000 $ 30,000
90040 Planning and Design 500,000 570,000 $ 1,070,000
90050 Construction 4,000,000 3,900,000 $ 7,900,000
90070 Project Administration 63,000 117,000 220,000 $ 400,000 TOTAL 568,000 $ 4,712,000 $ 4,120,000 $ 9,400,000 $
PROJECT FUNDING Prior 2024/25 2025/26 2026/27 2027/28 2028/29 TOTAL Other 9,400,000 $ 9,400,000
TOTAL 9,400,000 $ 9,400,000 $

PROJECT FINANCING CURRENT PROPOSED
Project Category: Community Facilities Improvements
Location: Subdivision 8796, west of State Route
4, north of Marsh Creek Road, south
of Fairview Avenue
Project Manager: A. Baquilar
Project Priority: 1D - Mandatory
Est. Completion Date: 2025/26
Future Annual
O & M Impact: TBD
Public Art
Requirement: Exempt
General Plan Policy: CSF 1-1

Use of Public Art Funds
Like many cities, Brentwood requires public and private developers to include public art in their projects. The California Supreme Court noted nearly thirty years ago that “[t]he requirement of providing art in an area of the project reasonably accessible to the public is, like other design and landscaping requirements, a kind of aesthetic control well within the authority of the city to impose.”1 Brentwood’s public art ordinance defines “public art” as “artwork that is visually and physically accessible to the public and may include performing, musical, visual, cultural, physical, permanent, or temporary works.” (BMC § 2.60.060.) It states that:

In the commissioning and approval of public art projects, through the establishment of a city public art collection, and/or in the establishment of a city art gallery, the public art should be in harmony with the city's heritage, vision, and/or opportunity. Public art should strive to say "this is Brentwood.”
(BMC § 2.60.020(B).) Thus, with specified exemptions, all residential subdivisions and any project consisting of more than four lots or units of any nature must make provision for public artwork. In addition, projects within the City capital improvement program such as bridges, viaducts, elevated ways, gates and other structures owned by the city (and within the city) are likewise subject to the requirement. (BMC §

2.60.030(B).)
This mandate to provide public art can be satisfied by either:

1. acquiring and installing artwork in public places2 on or near the project site, as approved by the City Council. In that case, the cost or value of the art should be as per resolution of the City Council, or

2. paying an in-lieu contribution for acquiring and installing an artwork project by contributing to the City municipal art fund as per resolution of the City Council. (BMC § 2.60.030(A).)
On September 12, 2023, the Council adopted Resolution No. 2023-113, adopting the FY 23/24 Cost Allocation Plan, which included the following public art fees:

Fee Description Fee
Public Developments 1% of construction costs
Residential
Developments
4/10ths of 1% of project valuation as set forth in the
City's building permit

1 Ehrlich v. City of Culver City (1996) 12 Cal.4th 854, 886. 2 “’Public places’ means all city-owned spaces, indoors and outdoors, which are generally accessible to the public.” (BMC § 2.60.060.)

March 11, 2024

Fee Description Fee
Public/Residential
Developments
Remodeling, repair or reconstruction with a project
valuation over $250,000. 4/10ths of 1% of project
valuation
In-Lieu Contribution 125% of approved fee
The use of these public art funds is addressed at BMC § 2.60.040, which provides, in relevant part:

All funds appropriated for public art shall be deposited into a public art fund. The city council shall authorize projects for funding as prescribed in the public art program guidelines. In circumstances where it is not feasible to incorporate artistic features into a particular project, such money appropriated may be pooled and used for art in other projects. Disbursement of such funds shall be made in connection with projects approved by the city council.

The Public Art Program Guidelines (the “Guidelines”) speaks to the use of public art funds, providing that:

All funds appropriated for public art shall be deposited into the public art program funds. The City Council shall authorize projects for funding as prescribed in the public art guidelines. In circumstances where it is not feasible to incorporate artistic features into a particular project, such money appropriate may be pooled and used for art in other projects.

Disbursement of such funds shall be made in connection with projects approved by the City Council. Nothing herein prohibits the Commission or City from soliciting or receiving grants, donations, bequests or gifts from private or public sources from depositing monies received in the public art fund to be expended in a manner consistent with the public art guidelines.

The Guidelines also includes lists of both eligible and ineligible artworks that may be funded from public art funds. As relevant to the question of whether such funds could be used for a given project, Section VI of the Guidelines includes the following provisions:

Eligible Artworks
Design work provided by the artists, including but not limited to:
• Interior or exterior surfaces, fixtures and functional elements. • Outdoor space design elements in areas such as plazas, arcades and pedestrian passageways.

March 11, 2024

• Artistic design of roadways, parkways, pedestrian or bicycle paths ways, transit system improvements, water and watershed facilities, solid waste transfer stations and sites with historic, archeological, and unique geological features.

Elements such as sound-walls, utility structures, roadway elements and other items designed by an artist or design team that includes artists.

Ineligible Artworks
Decorative, ornamental or functional elements or architecture except where these elements are designed by the artist and/or are an integral part of the artwork by the artist or are the results of collaboration among design professionals, including at least one artist.

Landscape architecture and landscape gardening except where these elements are designed by the artist and/or are an integral part of the artwork by the artist or are the result of collaboration among design professionals, including an artist.

Services or utilities necessary to operate or maintain the artwork in perpetuity.

A common theme amongst all of the eligible artworks is the participation of an artist as an integral partner in the work’s creation. From a legal perspective, whether or not such funds could be used for a certain project turns on which aspects of the project the Council would want to fund in this way. An array of project features could conceivably fit within the “eligible artworks” listed, including design work, discrete elements designed by artists, and outdoor space design elements, provided an artist was engaged in the work. This might include murals, artist-designed plazas or piazzas, mosaics, sculpture, or artist-designed elements of other amphitheater features. “Architecture,” however, is listed as ineligible, unless it meets specified exceptions, and therefore buildings or structures would likely be difficult to categorize as eligible, without those exceptions applying.

In terms of process, the Arts Commission is vested with the authority to make recommendations to the City Council as to the approval or the purchase or placement of public art, per BMC § 2.60.050(B). Given this, the proposal to employ public arts funds would be taken to the Arts Commission for their consideration and recommendation prior to the approval, purchase, or placement of any public art.

CITY COUNCIL AGENDA ITEM NO. F.4
03/11/2025
SUBJECT: Authorize the City Manager or designee to execute an agreement and necessary documents with Flock Group, Inc. in the amount of $240,000 over a two-year term; and amend the FY 2024/25 and 2025/26 Operating Budgets
DEPARTMENT: Police Department
STAFF: Tim Herbert, Chief of Police
Michael Thompson, Police Lieutenant

TITLE/RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or designee to execute an agreement and necessary documents with Flock Group, Inc. (“Flock”) in the amount of $218,550, plus an additional $21,450 for contingencies, for a total not to exceed amount of $240,000 over a two-year term for the purchase of hardware and software for Automatic License Plate Readers (ALPR) and surveillance cameras; and amending the FY 2024/25 General Fund Operating Budget in the amount of $120,000 and the FY 2025/26 General Fund Operating Budget in the amount of $103,500.

FISCAL IMPACT
If approved, the total cost of the agreement would be funded by the General Fund with a not to exceed amount of $240,000. The amount for contingencies of $21,450, included in the total contract amount of $240,000, is being requested to allow staff the ability to add additional cameras or upgrade existing cameras, if new or innovative technology improvements are offered by Flock during the term of the agreement. A savings of $16,500 from the elimination of the current system reduces the budget increase request to $223,500.

The cost of the agreement would require General Fund Operating Budget amendments, as follows:

Fiscal Year
General Fund Budget
Amendment
2024/25 $120,000
2025/26 $103,500
Total Budget Amendment $223,500

CITY COUNCIL AGENDA ITEM NO. F.4
03/11/2025
General Fund Projection
Placeholders for the proposed Flock agreement costs were included in the 2024/25 – 2025/26 General Fund projection presented to the City Council at the Mid-Year updated in January 2025. Therefore, approval of this contract will have no impact on the projected General Fund results, which remain unchanged from the last update.

General Fund operating revenues are projected to be sufficient in the two-year period to cover operating and one-time expenses with no deficit spending from ongoing operations. However, $1,409,000 is projected to be needed as a transfer into the General Fund from the Budget Stabilization Fund to increase the General Fund Reserve of 30% of operating expenses per Budget and Fiscal Policies, No. 10-5 (https://www.brentwoodca.gov/home/showpublisheddocument/220/638245971080 470000).

BACKGROUND
The Council/Administrative Policy No. 10-7, Purchasing Policy, requires that purchases of goods or services over $50,000 per vendor, per fiscal year must be approved by City Council
(http://www.brentwoodca.gov/home/showpublisheddocument/222/6380237648640 70000).

The Brentwood Police Department has historically used Automatic License Plate Reader (ALPR) cameras to assist with criminal investigations. ALPR technology captures digital images of license plates on vehicles as they pass cameras located throughout the City. The license plate is scanned at a high rate of speed and crosschecked against a database searchable only by law enforcement personnel. If a vehicle is identified as stolen or wanted, the communications center at Brentwood Police Department is alerted. The ALPR system stores the location, time, vehicle information, and photos of the vehicle and license plate.

With the current system in place, knowing the license plate number or knowing an approximate time a vehicle passes through a camera location are the only useful investigative methods during a criminal investigation reported after the time of occurrence. Although limited, this technology has been extremely successful in assisting Brentwood Police Department in apprehending criminals committing crimes in both Brentwood and other jurisdictions. This technology has also been beneficial in locating missing persons that are at risk due to age, mental health, or suspicious in nature and has been instrumental in solving various crimes in our city, including

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various property crimes such as theft, and various crimes against persons including a homicide.

Flock Group, Inc. not only utilizes these same investigative methods, but also expands the searching capabilities to include vehicle description alone without needing to know the license plate. This is possible through their patented proprietary machine vision technology that analyzes license plates, state recognition, and vehicle attributes such as color, type, make and objects (roof rack, bumper stickers, etc.) based on image analytics (not car registration data). This “Vehicle Fingerprint Technology” provides an ability to search without the need for a license plate and setup alerts based on vehicle description. It is the only license plate reader with “Visual Search” that can transform digital images from any source into an investigative lead by finding matching vehicles based on the vehicle attributes in the uploaded photo.

If criminal activity takes place and a vehicle is associated with that crime and a witness can provide a general description (color, type, make or unique characteristic) of the vehicle without knowing the license plate, this information can be entered into the database to further assist and potentially locate or further identify the vehicle and its occupants if it passes an ALPR camera. This expanded searching capability can significantly improve the solvability of any investigation because many times, criminals using vehicles to commit crimes will remove or conceal license plates or witnesses simply cannot memorize or identify specific license plates under duress.

While the current system in place in the City of Brentwood has proven to be effective over the years, the current cameras are outdated and lack the technology and software capabilities currently offered through Flock Group, Inc. Furthermore, the current system is nearing the end of its life cycle, as these cameras often are in need of repair and are often out of service for lengthy periods of time. Under the current system, the City of Brentwood owns the hardware (ALPR cameras) and is responsible for the maintenance of them.

The current stationary ALPR cameras utilized by the Brentwood Police Department require electrical power supply. Flock Group, Inc. cameras are powered by solar, thus offering a greater flexibility in the specific placement of the cameras, without the need or concern of supplying power to the camera. Furthermore, the cameras are leased to the City, meaning all maintenance is handled by Flock Group, Inc., ensuring the cameras remain operational.

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The current fleet ALPR cameras are affixed on top of the exterior roofs of six patrol vehicles when operational. Flock Group, Inc. partners with Axon Enterprises, Inc., who is the current supplier for the City’s patrol vehicle dash cameras. Every patrol vehicle in the Brentwood Police Department vehicle fleet is equipped with an Axon dash camera with existing built-in ALPR capability that automatically integrates into Flock Group, Inc.’s database, thus potentially expanding the Department’s fleet coverage from approximately 20% to 100% and eliminating the need for additional added hardware. Currently, Brentwood Police Department’s dash cameras are capturing license plates, but without Flock Group, Inc.’s software, there is no database to collect and store the data or run searches on the license plates captured, rendering this feature useless.

Flock Group, Inc. offers a civilian package where homeowners associations (“HOA’s”), businesses and neighborhood watch groups can purchase the hardware (ALPR cameras) privately, and the data collected from their cameras would integrate into Flock Group, Inc.’s database and allow it to be searchable by Brentwood Police Department staff and other law enforcement personnel. (Note: civilians who purchase this package are not able to search the database themselves; that feature remains available only to law enforcement.) Currently, one HOA in the City of Brentwood has purchased Flock Group, Inc. ALPR cameras as part of their neighborhood watch efforts. It is anticipated that if Brentwood Police Department utilizes Flock Group, Inc., more businesses and neighborhood communities would be willing to invest in this technology privately, thus expanding coverage of the City without additional cost to the City.

In addition to ALPR cameras, Flock Group, Inc. also provides surveillance cameras that integrate into their database. These cameras are solar powered, have pan/tilt/zoom capabilities and can be strategically located in the City wherever there is a spike in crime trends and to monitor specific public areas.

Due to the success of the existing ALPR program, staff is confident the City of Brentwood and its citizens would benefit from Flock Group, Inc.’s patented technology that would increase the Police Department’s solvability rates in criminal investigations. The improved technology and search capabilities would also cut down on staff time spent manually searching thousands of images of vehicles during a specific time frame, in addition to the staff time required to maintain the hardware equipment and keep it operational.

Brentwood Police Department staff recommends purchasing thirty-two (32) ALPR cameras and three (3) surveillance cameras. These 32 ALPR cameras will replace

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the existing 19 ALPR cameras that are all currently in need of replacement and adding an additional 13. By adding 32 ALPR cameras, Brentwood staff has been able to strategically cover a few select major intersections and nearly all the egress points surrounding the city, thus potentially capturing a majority of all vehicles leaving the city limits. Adding 3 surveillance cameras can be strategically placed throughout the city to provide supplemental coverage in areas prone to criminal activity or public nuisance that would otherwise require dedicated staff time to monitor. Due to the City’s existing dash cameras and their existing ALPR capabilities, no additional hardware would be required to purchase mobile fleet cameras and the patrol fleet would have automatic 100% fleet coverage.

In order to provide additional information to the City Council and the public, staff has included a number of attachments to this staff report, including the proposed Resolution and draft agreement, but also a list and map of Vigilant camera locations, a list and map of proposed locations for Flock cameras, a Flock overview, the Flock’s Privacy Commitment, Council questions and responses, and Flock Media FAQs.

The Police Department is utilizing Council/Administrative Policy, Purchasing Policy No.: 10-7 Section 5.3 Sole Source/Non-Competitive Negotiations to select this vendor.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
See attachment 1.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
Not approving this recommendation will prevent purchasing and utilizing this ALPR technology and surveillance technology that is available to better serve the

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community, investigate and solve crime, deter crime, enhance public safety and improve the quality of life of citizens and save staff time on monitoring locations and searching databases for leads.

If not approved, the Police Department requests that the item is continued with direction for staff to return with additional information.

ATTACHMENT(S)

1. Previous Actions

2. Resolution

3. Flock Group, Inc. Agreement

4. Vigilant Camera Locations

5. Map of Vigilant Cameras

6. Flock Cameras Proposed Locations

7. Map of Proposed Flock Cameras

8. Flock Overview

9. Privacy Commitment

10. Media FAQs

11. Council Questions & Responses

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 May 26, 2015, the City Council approved Resolution No. 2015-79, 2015/16- 2019/20 Capital Improvement Program to include License Plate Reader System Project.

On February 9, 2016, the City Council approved Resolution No. 2016-11, approving the FY 2016/17 and FY 2017/18 Brentwood Strategic Plan, which included the License Plate Reader System Program.

On March 22, 2016, the City Council approved Resolution No. 2016-31, approving the amendment to the Capital Improvement Program to include the License Plate Reader System Project.

On April 24, 2018, the City Council approved Resolution No. 2018-36, approving the agreement between the City of Brentwood and Lehr Auto Electric for the installation of License Plate Readers in patrol vehicles.

On February 11, 2025, The City Council, by motion, continued the item to execute an agreement with Flock Group, Inc. in the amount of $240,000 over a two-year term; and amend the FY 2024/25 and 2025/26 Operating Budgets, to the next City Council meeting of February 25, 2025, or March 11, 2025.

RESOLUTION NO. 2025-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 FLOCK GROUP, INC. IN THE AMOUNT OF $218,500, PLUS
AN ADDITIONAL $21,450 FOR CONTINGENCIES, FOR A TOTAL
NOT TO EXCEED AGREEMENT AMOUNT OF $240,000 OVER A

TWO-YEAR TERM FOR THE PURCHASE OF HARDWARE AND

SOFTWARE FOR AUTOMATED LICENSE PLATE READERS (ALPR)
AND SURVEILLANCE CAMERAS; AND AMENDING THE FY
2024/25 GENERAL FUND OPERATING BUDGET IN THE AMOUNT
OF $120,000; AND AMENDING THE FY 2025/26 GENERAL FUND
OPERATING BUDGET IN THE AMOUNT OF $103,500
WHEREAS, the Brentwood Police Department historically has used Automatic License Plate Reader (ALPR) cameras to assist with criminal investigations. ALPR technology captures digital images of license plates on vehicles as they pass cameras located throughout the City; and
WHEREAS, this technology has also been beneficial in locating missing persons that are at risk due to age, mental health, or suspicious in nature and has been instrumental in solving various crimes in the City to include various property crimes such as theft, and various crimes against persons including a homicide; and WHEREAS, while the current system in place in the City of Brentwood has proven to be effective over the years, the current cameras are outdated and lack the technology and software capabilities currently offered through Flock Group, Inc.; and WHEREAS, Flock Group Inc., has patented proprietary machine vision technology that analyzes license plates, state recognition, and vehicle attributes such as color, type, make and objects (roof rack, bumper stickers, etc.) based on image analytics (not car registration data). This “Vehicle Fingerprint Technology” provides an ability to search without the need for a license plate and setup alerts based on vehicle description. It is the only license plate reader with “Visual Search” which can transform digital images from any source into an investigative lead by finding matching vehicles based on the vehicle attributes in the uploaded photo group; and WHEREAS, Flock Group, Inc. is in partnership with Axon Enterprises, Inc., the current supplier for the City’s patrol vehicle dash cameras. Every patrol vehicle in the Brentwood vehicle fleet is equipped with an Axon dash camera with existing built in ALPR capability that automatically integrates into Flock Group, Inc.’s database, thus potentially expanding the Brentwood Police Department’s fleet coverage from approximately 20% to 100%; and
WHEREAS, Flock Group, Inc. offers a civilian package through which homeowners associations, businesses and neighborhood watch groups can purchase

the hardware (ALPR cameras) privately, and the data collected from their cameras would integrate into Flock Group, Inc’s. database and allow it to be searchable by Brentwood Police Department staff and other law enforcement personnel; and WHEREAS, Flock Group, Inc. provides surveillance cameras that also integrate into their database. These cameras are solar powered, have pan/tilt/zoom capabilities and can be strategically located in the City wherever there is a spike in crime trends and to monitor specific public areas; and
WHEREAS, by adding 32 ALPR cameras, Brentwood staff would be able to strategically cover a few select major intersections and nearly all the egress points surrounding the City, thus being able to potentially capture a majority of all vehicles leaving the City limits; and
WHEREAS, adding three surveillance cameras, strategically placed throughout the City, would provide supplemental coverage in areas prone to criminal activity or public nuisance activity that would otherwise require dedicated staff time to monitor; and
WHEREAS, the total not to exceed cost of the contract would be $240,000 over a two-year term; and
WHEREAS, the contract cost for FY 2024/25 and for FY 2025/26 would not to exceed $120,000 each FY, and would be expended from the General Fund Operating Budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby:

1. authorize the City Manager or designee to execute an agreement and necessary documents with Flock Group, Inc. for fiscal year 2024/25 and 2025/26 in the amount of $109,275 plus contingency of $10,725 for a total not to exceed of $120,000 in each fiscal year, and a total agreement amount not to exceed $240,000;

2. amend the FY 2024/25 General Fund Operating Budget in the amount of $120,000; and

3. amend the FY 2025/26 General Fund Operating Budget in the amount of $103,500.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 11th day of March 2025 by the following vote:

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AGREEMENT FOR AUTOMATED LICENSE PLATE READER PROGRAM, CAMERA SYSTEMS, AND

ASSOCIATED SOFTWARE SERVICES
[FLOCK GROUP, INC.]
THIS AGREEMENT is made and entered into as of the _____ day of February, 2025 by and between the City of Brentwood, a municipal corporation of the State of California ("City" or “Customer”), and Flock Group, Inc., a Delaware corporation ("Consultant" or “Flock”) (each a “Party” and collectively, the “Parties”).

RECITALS
A. City requires the professional services of a consultant specifically trained and experienced in Automated License Plate Reader (ALPR) program, camera systems, and associated software 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.

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" (Order Form) and “B” (Flock’s Terms and Conditions), which is 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 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.

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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, this Agreement will be in effect as of the date first above written, and will continue for two years from the date upon which the first camera is installed and validated by both Parties as operational (the “Term”).

4. Schedule. Consultant will generally adhere to the schedule set forth in Exhibit “A” 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 two hundred forty thousand dollars ($240,000.00) as may be further specified in the attached Exhibit “A.” 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 sufficiently detailed invoices.

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. No payment made prior to completion and acceptance of the Services will constitute acceptance of any part of the Services.

City reserves the right to withhold payment from Consultant on account of Services not performed satisfactorily, delays in Consultant's performance of Services, or other defaults hereunder.

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 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.

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7. Subcontracting. Consultant's services are being requested by City because they are unique and personal. Except as may be specified in Exhibit “A”, 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 claims, demands, costs or liability including reasonable attorney fees arising out of or in any way connected with the performance of this Agreement, caused in whole or in part by any act or omission 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.

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.

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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, complete and certified copies of any or all required insurance policies and endorsements.

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.

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.

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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 produced 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. Copyrights. Consultant agrees that all copyrights that arise from the Services will be vested in City and Consultant relinquishes all claims to the copyrights in favor of City.

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
Brentwood, CA 94513
Phone No. (925) 809-7765
Attn: Lt. Michael Thompson
Email: [email protected]
For Consultant:

Name: Flock Group Inc.

Address: 1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
Phone No.: (480) 621-2406
Attn: Jeffrey Lents
Email: [email protected]
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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. Labor Code Compliance. This Agreement exceeds $1,000 and is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section 1720, and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers’ compensation insurance. Consultant must also post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4.

21.1 Prevailing Wages. Each worker performing Services under this Agreement that is covered under Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Consultant and any subconsultant or subcontractor will forfeit to the City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid.

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21.2 Working Day. Pursuant to Labor Code section 1810, eight hours of labor consists of a legal day’s work. Pursuant to Labor Code section 1813, Consultant will forfeit to the City as a penalty the sum of $25 for each day during which a worker employed by Consultant or any subconsultant or subcontractor is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815.

21.3 Payroll Records. Consultant and its subconsultants or subcontractors must maintain certified payroll records in compliance with Labor Code sections 1771.4, 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations (“DIR”). For each payroll record, Consultant and its subconsultants or subcontractors must certify under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Agreement price is under $25,000, Consultant must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations.

21.4 Apprentices. If the Agreement price is $30,000 or more, Consultant must comply with the apprenticeship requirements in Labor Code section 1777.5.

21.5 DIR Monitoring, Enforcement, and Registration. The Services are subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the exception set forth below, Consultant and any subconsultants or subcontractors must be registered with the DIR to perform public works projects. The registration requirements of Labor Code section 1725.5 do not apply if the Agreement price is for under $25,000.

21.6 Workers’ Compensation Certification. Under Labor Code section 1861, by signing this Agreement Consultant certifies as follows: “I am aware of the provisions of Labor Code section 3700 which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work on this contract.”

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.

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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.

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.

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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.

CONSULTANT:

By: ______
Garrett Langley, President

By:

Brandon Simins, CFO

CITY:

By:

Tim Y. Ogden, City Manager
ATTEST:

By:

Amanda McVey, City Clerk
APPROVED AS TO FORM:

By:

Katherine Wisinski, City Attorney
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EXHIBIT “A”

SCOPE OF SERVICES
Consultant will perform the following Services, at the rates indicated below.

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EXHIBIT “B”
Flock’s Terms and Conditions

RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and WHEREAS, Flock desires to provide Customer the Flock Services and any access thereto, subject to the terms and conditions of the Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations and evidence gathering for law enforcement purposes, (“Permitted Purpose”).

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in this Section 1.

1.1 “Agreement” means the Professional Services Agreement (“PSA”), the order form (attached as Exhibit A to the Professional Services Agreement, “Order Form”), these terms and conditions, and any document therein incorporated by reference in section 11.1.

1.2 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.

1.3 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

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1.4 “Customer Data” means the data, media, and content provided by Customer through the Services.

For the avoidance of doubt, the Customer Data will include the Footage.

1.5. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.6 “Effective Date” means the date the Agreement is mutually executed (valid and enforceable) by both Parties.

1.7 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

1.8 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable Order Form.

1.9 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).

1.10 “Flock Services” or “Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.11 “Footage” means still images, video, audio, and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.

1.13 “Permitted Purpose” means for legitimate public safety and/or business purpose, including but not limited to the awareness, prevention, and prosecution of crime; investigations; and prevention of commercial harm, to the extent permitted by law.

1.14 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the applicable Order Form. Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices.

1.15 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.

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2. SERVICES AND SUPPORT

2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the Retention Period. Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).

2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, non-transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.

2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).

2.4 Updates to Platform. Flock may make any updates to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies, the competitive strength of, or market for, Flock’s products or services, such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law. Parties understand that such updates are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.

2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption due to Customer’s actions or omissions. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous Docusign Envelope ID: 2DE41724-544F-4EB8-A182-3B2887DFD128

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suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”). Customer shall not be entitled to any remedy for a Service Suspension period due to the actions or omissions of Customer, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, or toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under the Agreement, Flock shall have the right to cease work immediately.

3. CUSTOMER OBLIGATIONS

3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID.

Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in the Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up-to-date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services (e.g., laptops, internet connection, mobile devices, etc.). Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).

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3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with the Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING

4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.

4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.

4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data non-identifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings.

Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services.

Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security Docusign Envelope ID: 2DE41724-544F-4EB8-A182-3B2887DFD128

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precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in the Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of the Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement.

Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.

5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by the Agreement. Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion.

Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.

5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

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6. FEES

6.1 Notice of Changes to Fees. In the event of any changes to fees, Flock shall provide Customer with sixty (60) days’ notice (email sufficient) prior to the end of the Initial Term or Renewal Term (as applicable). Any such changes to fees shall only impact subsequent Renewal Terms.

6.2 Taxes. To the extent Customer is not a tax exempt entity, Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge Customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.

7. TERM AND TERMINATION

7.1 Term. Refer to Section 3 of the PSA.

7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business.

In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.

7.3 Survival. The following Sections of Exhibit B will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 11.1 and 11.6.

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8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that Flock is not liable for any resulting impact to Flock service, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS. FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT

MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 24.

8.5 Insurance. Reserved.

8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.

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9. LIMITATION OF LIABILITY; INDEMNITY

9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK, ITS

OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE

RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR

TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS THAT,

TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID

AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT GAVE RISE TO THE

LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 11.6.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING LIMITATIONS OF

LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.

9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.

9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.

10. INSTALLATION SERVICES AND OBLIGATIONS

10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of the Agreement, except Docusign Envelope ID: 2DE41724-544F-4EB8-A182-3B2887DFD128

21 PSA_City Attorney Approved Version 071522
as otherwise specifically set forth in the Agreement. Except as otherwise expressly stated in the Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and the Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.

10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.

10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, re-positioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.

10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C. Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.

10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under the Agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.

11. MISCELLANEOUS
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11.1 Entire Agreement. The Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral, communications and other understandings relating to the subject matter of the Agreement. All waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under the Agreement, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by Parties. In the event of any conflict of terms found in the Agreement or any other terms and conditions, including the terms of Exhibit A (Order Form) or this Exhibit B (Flock’s Terms and Conditions), the terms of the Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.

11.2 Special Terms. Flock may offer certain special terms which are indicated in the Order Form and will become part of the Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of the Agreement (including Exhibits A and B) are inconsistent or conflict with the Special Terms, the Special Terms shall control.

11.3 Publicity. Upon prior written consent, Flock has the right to reference and use Customer’s name and disclose the nature of the Services in business and development and marketing efforts. Nothing contained in the Agreement shall be construed as conferring on any Party, any right to use the other Party’s name as an endorsement of product/service.

11.4 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

11.5 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section 2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential Docusign Envelope ID: 2DE41724-544F-4EB8-A182-3B2887DFD128

23 PSA_City Attorney Approved Version 071522
component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S.

Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

11.6 Conflict. In the event there is a conflict between the Agreement and any applicable statement of work, or Exhibits, the Agreement controls unless explicitly stated otherwise.

11.7 Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under the Agreement which require the expenditure of public funds are conditioned on the availability of said funds appropriated for that purpose. To the extent applicable, Customer shall have the right to terminate this Agreement for non appropriation with thirty (30) days written notice without penalty or other cost.

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Law Enforcement
Customer Implementation Guide

EXHIBIT C
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Customer Implementation Guide: LAW ENFORCEMENT 1
Implementation Timeline

Flock Safety Team

Implementation Service briefs: Existing Infrastructure
vs Standard vs AdvanceL
4 Existing Infrastructure Implementatio[
4 Standard Implementatio[
4 Advanced Implementation

Things to Consider When Selecting Locations

Customer Responsibilities: AC-Powered Cams

Electrician HandouT
4 Electrician Installation Step;
4 FAQs about AC-Powered Flock Cameras

Installation Service Brief Summary

Permitting: Pre-Install Questionnaird
p# Timelind
$# Right of Wao
!# AC Power vs. SolaG
# Traffic Control & Installation Method;

# Paperwork & Required Form;

# Contacts

*Fee Schedule

Help Center

Customer Support

................................................................. 2

............................................................................ 3

............. 6

......................... 12

........................ 14

........................................................................ 15

............................................. 18

.......................................... 19

................................................................................. 21

..................................................................................... 22

.......................................................................... 22 Table of Contents
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Review Locations Confirm camera locations with your sales representative FLOCK: Your sales representative will present several viable options for camera locations

CUSTOMER: Review Deployment Plan & approve camera locations

Please Note: If Public Works is required to move forward, please obtain approval finalize Locations Prepare for finalized camera locations FLOCK: Confirm Deployment Plane and signed agreement. Flock will move forward with next steps for locations that don't need permits (minimum 10 locations needed to move forward with partial installation)

CUSTOMER: Prepare the below items, as neede©
Ž If permits are required, begin application proces‚
Ž If camera will be AC-powered, hire an electrician/street department Step 1 Conduct On-site Survey & Place Flags
FLOCK: Flock technician conducts site survey to (1) evaluate/reconfirm solar or power access, (2) check line of sight to the road, and (3) evaluate/reconfirm cellular service in the area. When the technician deems the locations suitable, s/he will place a white flag at each spot

If the initially determined locations don't meet Flock standards, we will evaluate a new location, obtain customer approval, and redo a site survey. This may push timeline for installation
PLEASE NOTE:

Step 2 Call 811
FLOCK: Flock Safety will coordinate with Call 811 to mark each camera location for underground utilities within a 10-foot radius

Call 811 is a government service, so turnaround times may vary and is outside of Flock control
PLEASE NOTE:

Step 3 Schedule Installation
FLOCK: Flock will (1) ship any site specific material that the technician does not have locally (2) schedule the installation date
Step 4 Install & Validate Cameras
FLOCK: After installation, your Onboarding Specialist will confirm that cameras are capturing footage well and functioning properly. They will then give you full access to the system along with helpful training resources
Ongoing as Needed Finalize Any Installation Needs
FLOCK: While we typically complete installations within 4 weeks of finalizing locations, delays may occur due to external factors. In these instances, we will continue to work through this process until your cameras are fully installed and operational 2 This timeline provides general guidance and understanding of your installation process. While we typically complete installations 6-8 weeks after locations have been finalized, delays can occur as noted in the timeline below:

Implementation Timeline
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Implementation Team How They Will Support You
Field Operations
Team
W The Field Operations team is responsible for the
physical installation and maintenance of
cameras and associated equipment provided by
Flock. This includes a large team of technicians,
schedulers, and many others involved in
ensuring the delivery of the product.D
W They take the technical plan you finalized with
Product Implementation and work closely with
other teams at Flock to make sure that the
cameras are installed quickly and safely and in
a way that maximizes the opportunity to solve
crime at a specific location1
W *Note*: For
, please always direct them to your
and not the
technician.
all Installation questions or
concerns
Customer Success Manager
Project Manager
Your is your
Your project manager will guide you through the
entire installation process, keeping you apprised
of all implementation updates as well as answering
any questions you have during this time. They will
ensure that all the cameras are on the ground and
operating for at least 48 hours before transitioning
you to your Customer Success Manager.

Project Manager primary contact
during camera installation.

3 Flock Safety Team
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Relationship Team How They Will Support You
Flock Safety
Support
The Flock Safety Support team is committed to
answering all your day-to-day questions as quickly
as possible. , simply
email
Support can help you:
9 Request camera maintenanc{
9 Troubleshoot online platforW
9 Contract / Billing questionA
9 Update account informatioi
9 Camera Sharing questionA
9 Quick “How to” questions in your Flock Account
To get in touch with support
[email protected] or call
866-901-1781 Mon-Fri 8am-8pm EST.

Customer Success

Manager
Your Customer Success Manager is your strategic
partner for your lifetime as a Flock customer.

While the cameras are getting installed, your CSM
will help get your account set up and get all key
users trained on the system.

Post-Camera-Installation, your CSM will be your
go-to for most account-related needs: You should
reach out to them to:
9 Set up Account TraininÎ
9 Understand benefits of featureA
9 Learning best practices for getting relevant
datæ
9 Identifying opportunities to expand the security
network in your areæ
9 Provide feedback on your partnership with
Flock
4 Docusign Envelope ID: 2DE41724-544F-4EB8-A182-3B2887DFD128

Outside Party When they may be involved
If the Flock cameras need to be AC powered, you
(customer) are responsible for providing an
electrician to ensure power connectivity
Electrician/Street
Department
To weigh in on the use of public Rights of Way or
property Public Works (LE)
If installation in your area requires permitting
Department of
Transportation
(DOT), City, or
County agencies
5 PLEASE NOTE: On some occasions, third parties outside of Flock Safety may be (or need to be) involved in your implementation.

Docusign Envelope ID: 2DE41724-544F-4EB8-A182-3B2887DFD128

Included in scope:

Once designated locations are approved by the customer, as part of the Flock will perform the following
U An in-person site survey to confirm the installation feasibility of a location (location assessment, solar assessment, visibility review, etc. U Cameras need sufficient power. Since a solar panel is required per camera, it can prevent adequate solar power if two cameras and two solar panels are on a single pole (blocking visibility). Therefore

if relying on solar power, only one camera can be installed per pole U Confirm that a location is safe for work by following State utility locating procedures.@
U Each installation may include the following
U Installation of camera and solar panel or AC adapter box  on a suitable existing pole

Existing
Infrastructure Implementation Service
COST: $150 per camera (one time cost)
Existing Infrastructure Implementation
Existing
Infrastructure Install
Pole None Flock NCHRP 350 /
MASH
Timeline Short Medium Longest
Cost Lowest Mid Highest
Standard
Install
Advanced
Install
Implementation Service Briefs: Existing
Infrastructure vs Standard vs Advanced
6 Docusign Envelope ID: 2DE41724-544F-4EB8-A182-3B2887DFD128

7 Out of scope:

By default, Flock does include the following as part of the but can provide a quote for sourcing at
an additional cost/
a Mounting on mast arms (always require bucket truck and traffic control

a Call 811 ‘Call-before-you-Dig’ systev
a Installation of any poles including but not limited t a Standard, 12’ above grade
a NCHRP 350 or MASH approved pole (as may be required for locations in DOT right of way

a A Bucket Truck for accessing horizontal/cross-beams and/or height above 14$ a Special equipment rentals for site accesR
a Site-specific engineered traffic planR
a Third-party provided traffic controG
a State or city-specific specialty contractor licenses or unique attachment/ connection requirementR
a Custom engineered drawingsA
a Electrical work requires a licensed electrician.
not Existing
Infrastructure Implementation Service
Flock breakaway pol}
a Types of existing infrastructure such as existing utility, light, and traffic signal polesË
a Pole no higher than 8’-12’ (approval at Flock Safety’s discretion

a Flock will provide and mount an AC adapter unit that a qualified electrician can connect to AC power following our
. Flock is unable to make any AC connections or
boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material). Electrical work requiring a licensed electrician and associated costs, not included in the scopeË
a Access requiring up to a 14’ using an A-frame laddeå
a Standard MUTCD traffic control procedures performed by a Flock technicia×
a Obtain a business license to operate in the city and state of camera location

electrical wiring
requirements
Docusign Envelope ID: 2DE41724-544F-4EB8-A182-3B2887DFD128

8 Included in scope:

Once designated locations are approved by the customer, as part of the Flock will perform the following
= An in-person site survey to confirm the installation feasibility of a location (location assessment, solar assessment, visibility review, etc.)3 = Confirm that a location is safe for work by following state utility locating procedures. Work with local utilities to prevent service interruptions during the installatio+
= Engage 811 ‘Call-before-you-Dig’ system to receive legal dig dat) = Apply approved markings Coordinate with 811 regarding any necessary high-risk dig clearances or required vendor meet#
= Each installation may include the following
= Installation of camera and solar panel with
Standard Implementation Service
standard, 12’ above grade
Flock breakaway pole

COST: $650 per camera (one time cost)
Standard Implementation
= Flock will provide and mount an AC adapter that a qualified electrician can connect to AC power but cannot make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material)
= Concrete cuttin–
= Private utility search for privately owned items not included in standard 811 procedures (communication, networking, sprinklers, etc.‘ = Upgrades to power sources to ready them for Flock power (additional fuses, switches, breakers, etc.‘
= Any fees or costs associated with filing for required city, county, or state permit#
= Licensing or attachment agreements with asset / infrastructure owners3 = Utility contracts and billing3
= Customer requested relocations (see fee schedule)
Docusign Envelope ID: 2DE41724-544F-4EB8-A182-3B2887DFD128

9 Out of scope:

By default, Flock does include the following as part of the Standard Implementation Service but can provide a quote for sourcing at an additional cost 9 Use and/or mounting to existing infrastructure
9 NCHRP 350 or MASH approved pole (as may be required for locations in DOT right of way
9 A Bucket Truck for accessing horizontal/cross-beams and/or height above 14# 9 Special equipment rentals for site acces4
9 Site-specific engineered traffic plan4
9 Third-party provided traffic contro/
9 State or city-specific specialty contractor license4
9 Custom engineered drawings'
9 Electrical work requires a licensed electrician.'
9 Flock will provide and mount an AC adapter that a qualified electrician can connect to AC power but cannot make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material)
9 Concrete cuttin
9 Private utility search for privately owned items not included in standard 811 procedures (communication, networking, sprinklers, etc.) not
9 Installation of camera and AC adapter that a qualified electrician can connect to AC power on a suitable existing pole, no higher than 8-12’ (approval at Flock Safety’s discretion
9 Flock will provide and mount an AC adapter that a qualified electrician can connect to AC power following our . Flock
is unable to make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material). Electrical work requiring a licensed electrician and associated costs, not included in the scope
9 Access requiring up to a 14’ A-frame laddex
9 Standard MUTCD traffic control procedures performed by a Flock techniciaz 9 Obtain a business license to operate in the City and State of camera location electrical wiring requirements
Docusign Envelope ID: 2DE41724-544F-4EB8-A182-3B2887DFD128

10 & Upgrades to power sources to ready them for Flock power (additional fuses, switches, breakers, etc.
& Any fees or costs associated with filing for required city, county, or state permit
& Licensing or attachment agreements with asset / infrastructure owners & Utility contracts and billing
& Customer requested relocations (see fee schedule)
Included in scope:

Once Designated Locations are confirmed, as part of the , Flock will perform the following6
& An in-person site survey to confirm the installation feasibility of a location (location assessment, solar assessment, visibility review, etc.) & Confirm that a location is safe for work by following State utility locating procedures. Work with local utilities to prevent service interruptions during the installatioT
& Engage 811 ‘Call-before-you-Dig’ system to receive legal dig datR & Apply approved markings Coordinate with 811 regarding any necessary high-risk dig clearances or required vendor meet
& Each installation may include the following6
& Installation of camera and solar panel on a suitable
approved pole.
& Installation of camera and AC adapter that a qualified electrician can connect to AC power.
& Flock will provide and mount an AC adapter that a qualified electrician can connect to AC power following our .

Flock cannot make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material).

Advanced
Implementation Service
NCHRP 350 or MASH
electrical wiring requirements
COST: $1,900 per camera (one time cost)
Advanced Implementation
Docusign Envelope ID: 2DE41724-544F-4EB8-A182-3B2887DFD128

11 Out of scope:

By default, Flock does not include the following as part of the but can optionally provide a quote for sourcing
(additional cost)

1 Installation on or existing
infrastructure
1 A Bucket Truck for accessing horizontal/cross-beams and/or height above 14 1 Special equipment rentals for site acces,
1 Site-specific engineered traffic plan,
1 Third-party provided traffic contro&
1 State or City-specific specialty contractor license,
1 Custom engineered drawing,
1 Electrical work requires a licensed electrician. Flock will provide and mount an AC adapter that a qualified electrician can connect to AC power but cannot make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material)
1 Concrete cuttin
1 Private utility search for privately owned items not included in standard 811 procedures (communication, networking, sprinklers, etc.

1 Upgrades to power sources to ready them for Flock power (additional fuses, switches, breakers, etc.

1 Fees or costs associated with filing for required City, County, or State permits Advanced
Implementation Service
Standard, 12’ above grade Flock breakaway pole
|
1 Access requiring up to a 14’ A-frame ladde‡
1 Standard MUTCD traffic control procedures performed by a Flock technicia€
1 Obtain a business license to operate in the City and State of camera location Electrical work requiring a licensed electrician and associated costs, not included in the scope.

Docusign Envelope ID: 2DE41724-544F-4EB8-A182-3B2887DFD128

12 5 Mountin
5 They can be mounted on existing utility, light, traffic signal poles, or 12 foot Flock poles.
5 They should be mounted one per pole. If using AC power, they can be mounted 2 per pole.%
5 They can be powered with solar panels or direct wire-in AC Power (no outlets).
5 They will require adequate cellular service using AT&T or T-Mobile to be able to process & send images.
7 **
**7
5 PlacemenH
5 They capture vehicles driving away from an intersection. % 5 They cannot point into the middle of an intersection.% 5 They should be placed after the intersection to prevent stop and go motion activation or “stop and go” traffic.

Falcon Cameras%
5 Use Case‡
5 Flock LPRs are designed to capture images
of rear license plates aimed in the direction
of traffic.%
5 Flock LPRs are not designed to capture
pedestrians, sidewalks, dumpsters, gates,
other areas of non-vehicle traffic,
intersections.

Things to Consider When Selecting Locations
*
**
***
Permitting (or permission from pole owner) may be required to use existing infrastructure or install in specific areas, depending on local regulations & policies.

Cameras need sufficient power. Since a solar panel is required per camera, it can prevent adequate solar power if two cameras and two solar panels are on a single pole (blocking visibility). Therefore if relying on solar power, only one camera can be installed per pole.

Flock does not provide Electrical services. Once installed, the agency or community must work with an electrician to wire the cameras. Electrician services should be completed within two days of installation to prevent the camera from dying.

Docusign Envelope ID: 2DE41724-544F-4EB8-A182-3B2887DFD128

13 Pole

not
If a location requires a "DOT Pole” (i.e., Advanced
Pole, Flock standard pole), the implementation
cost will be $5,000/camera.

Solar Panels

Solar panels need unobstructed southern-facing
views.

Docusign Envelope ID: 2DE41724-544F-4EB8-A182-3B2887DFD128

14 Customer Responsibilities: AC-Powered Cams
If the Flock cameras need to be AC-powered, the for
acquiring an electrician and ensuring they connect the camera to power. .
customer is responsible
See steps
2 and 6 below

6. Connect Camera to Power

Notify the electrician that the camera is ready for the power connection installation

5. Install Camera

Flock will install the camera and AC power kit at the specified camera location

4. Conduct Site Survey

Flock will mark camera locations, locate underground utilities and mark if present

3. Sign Flock Safety Agreement

Sign the Flock Safety purchase order to begin the installation of cameras

2. Acquire an Electric Quote

Contact an electrician to receive a quote to run 120volt AC power to 120v the camera

1. Create a Deployment Plan

Work with us to select the best location(s) for Flock Safety cameras and power sources
How to Get Started with a Powered Install
Docusign Envelope ID: 2DE41724-544F-4EB8-A182-3B2887DFD128