Brentwood City Council
August 26, 2025

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

7. Subcontracting. Consultant's services are being requested by City because they are unique and personal. Except as may be specified in 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 agrees to indemnify, including the cost to defend, City, its officers, agents, volunteers and employees from any and all claims, demands, costs or liability that to the extent arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its agents in the performance of services under this Agreement, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by City or the agents, servants, or independent contractors who are directly responsible to City, or arising from the active negligence 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 or 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.

10.2 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, copies of any or all required insurance policies and endorsements with confidential and proprietary information redacted.

10.6 Primary Coverage. For any claims related to the Services and this Agreement, the Consultant’s Commercial General Liability and Automobile Liability insurance coverage will be primary insurance with respect to City, its officers, agents, volunteers and employees. Any insurance or selfinsurance 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.

10.8 Waiver of Subrogation. The policies except for professional liability 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.

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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
2201 Elkins Way
Brentwood, CA 94513
Phone No. (925) 516.6000
Facsimile No. (925) 516.6001
Attn: Casey Wichert, Director of PW
For Consultant:

Brown and Caldwell
201 North Civic Drive, Suite 300
Walnut Creek, CA 94596
Phone No.: (925) 937.9010
Facsimile No.: (925) 937.9026
Attn: Rene Guillen, P.E., Project Manager
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, DRAFT

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Consultant will promptly disclose the relationship to the City and take such action as the City may direct to remedy the conflict.

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

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

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

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

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

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 DRAFT

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public work or improvement for a period of up to five (5) years. Consultant acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement.

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

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

26. Successors and Assigns. It is mutually understood and agreed that this Agreement will be binding upon the Parties and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Consultant without the prior written consent of City, which will not be unreasonably withheld.

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:

Angela MacKinnon, Vice President

CITY:

By:

Darin Gale, Interim City Manager
ATTEST:

By:

Amanda McVey, City Clerk
APPROVED AS TO FORM:

By:

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

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

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EXHIBIT “A”

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

At City’s request, Consultant to develop Brentwood’s 2025 Urban Water Management Plan, 2025 Risk and Resiliency Assessment, 2025 Emergency Response Plan, 2026 Annual Water Supply & Demand Assessment, and 2026 Water Master Plan in compliance with the California Water Code and the requirements of the United States Environmental Protection Agency (“USEPA”) and California Department of Water Resources (DWR).

James Wolfe SID 152003
Water Operations Manager
Public Works
City of Brentwood
2201 Elkins Way
Brentwood, California 94513-7344
Subject: 2025 Brentwood Water Planning
Dear Mr. Wolfe:

Brown and Caldwell (BC) is pleased to submit this letter proposal to the City of Brentwood (City) that includes the scope of work, schedule, and fee estimate for the following water planning efforts:
 2025 Urban Water Management Plan (2025 UWMP)
 2026 Annual Water Supply and Demand Assessment (2026 AWSDA)  2025 Risk and Resiliency Assessment (2025 RRA)
 2025 Emergency Response Plan (2025 ERP)
 2026 Water Master Plan (2026 WMP)
The above efforts will be coordinated where applicable to provide continuity within these documents.

Future supply planning is addressed by urban water suppliers in California through their UWMPs and other efforts. UWMPs are required by state law every five years to document projected demands and supplies under different hydrologic conditions, and as such reflect relatively conservative estimates.

The 2025 UWMP is due to the California Department of Water Resources (DWR) by July 1, 2026. The tasks for the development of the 2025 UWMP are described in Phase 2 in the scope of work below.

The 2026 AWSDA is required to be completed every year, and its results are captured in the Annual Shortage Report that is to be submitted annually to DWR. The purpose of the AWSDA and resulting Annual Shortage Report is to forecast near-term water supply conditions (assuming an upcoming dry year) to evaluate whether shortage conditions will occur and, if so, to trigger shortage response actions in a timely manner. The tasks for the development of the 2026 AWSDA are described in Phase 3 in the scope of work below.

The City must update its RRA and ERP in accordance with America’s Water Infrastructure Act of 2018 (AWIA), signed into law on October 23, 2018. The RRA considers the broad universe of risks to DRAFT

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a water system and considers risk of threats to critical assets and the consequences of their failure.

The ERP incorporates the findings of the RRA and identify strategies to improve the resilience of the water system.

Mid-sized utilities (utilities serving a population between 50,000 and 99,999), such as the City of Brentwood, must update an RRA and submit certification of its completion to the EPA by December 31, 2025. Certification of completion of the ERP must be submitted to the EPA six months after completion of the RRA. The tasks for the update of the RRA and ERP are described in Phase 4 (RRA) and Phase 5 (ERP) in the scope of work below.

BC will develop the 2026 WMP to evaluate existing and future water system facility improvements to assist the City in providing adequate and reliable service to its customers. More specifically, the 2026 WMP will develop existing and future demand projections, describe water supply sources and water quality, analyze existing and future water distribution and storage system facility improvements, and recommend a Capital Improvement Program (CIP). Included in the 2026 WMP will be a financial plan to assist in the implementation of the recommended CIP. The tasks for the update of WMP are described in Phase 6 in the scope of work below.

Scope of Work
The phases and tasks for the scope of work are as follows:

Phase 1: Project Management
This phase consists of project management and meetings, and coordination with City staff and among project team members.

Task 1.1 Project Management
This task includes facilitation of project meetings; coordination of the project team; oversight of project staff, budget, and schedule as well as project management including preparation of a Project Management Plan (PMP)/Quality Management Plan (QMP) – QMP will identify the quality oversight approach planned for each phase, Field Work and Safety Plan (FWSP), project administration, accounting, invoicing, and up to 13 monthly project status reports with invoices.

Task 1.2 Check-In Meetings with City Staff
The BC Project Manager (PM) and City PM will hold up to 26 bi-weekly (every two weeks), 30-minute check-in meetings via MS Teams to coordinate and collaboratively monitor project progress.

Phase 1 Deliverables:
 13 Monthly invoices and status reports
Phase 2: 2025 Urban Water Management Plan
BC will develop the City’s 2025 UWMP that will be submitted to the DWR. The scope of work addresses anticipated UWMP requirements based on the requirements defined for the 2020 UWMP and those anticipated to be required for this 2025 UWMP. However, the 2025 UWMP Guidebook has not yet been released, and although this is not anticipated, additional scope of work and fee may be necessary to meet those requirements.

Task 2.1 Meetings and Coordination
This task consists of project meetings, agency coordination, and data review.

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Task 2.1.1 Meetings with City Staff
BC will facilitate one Phase 2 kickoff meeting and up to three project progress meetings with the City. While topics and activities for progress meetings will vary through project duration, these meetings will serve as a venue for reviewing analysis assumptions and initial results as well as the City’s comments on draft submittals.

The suggested key focus areas for the kickoff and three project progress meetings are listed below.
 Phase 2 UWMP Kickoff Meeting – Review project scope, schedule/progress meetings, coordination, critical success factors, project challenges/risk, and key data request items.  Progress Meeting No. 1 – Review key draft tables and discussions, such as projected population and customer sectors, water demands, climate change, water supply reliability analysis, and Water Shortage Contingency Plan (WSCP) updates.
 Progress Meeting No. 2 – Review staff comments on draft UWMP.  Progress Meeting No. 3 – Review draft public meeting presentation slides.

Task 2.1.2 Agency Coordination
BC will support the City in coordinating preparation of the UWMP with agencies, including other water suppliers, water management agencies, and relevant public agencies such as Contra Costa Water District (CCWD) and East Contra Costa Irrigation District (ECCID). BC will assist the City to develop one template letter for public outreach notification
BC will draft the notice of public hearing in compliance with California Government Code 6066. It is assumed the City is responsible for the notice of public hearing to the public as specified in the California Government Code 6066 and the 60 days’ notice to applicable cities and counties.

BC will incorporate documentation of plan coordination in the UWMP, specifying the following:
 Coordination of the plan preparation, including names of each organization contacted during UWMP preparation.
 Notification to pertinent agencies 60 days before the UWMP public hearing. (City to notify)  Proof of public hearing. (City to provide to BC)
 Submittal of 2025 UWMP to DWR, the State Library, relevant cities/counties, and other required agencies within 30 days of adoption. (BC to submit) Task 2.1.3 Data Review
BC will provide a data request via email detailing the data identified to incorporate into the 2025 UWMP. Because the 2025 UWMP will require water connections and production and consumption data through December 2025, BC will initially develop the UWMP with data through 2024 and placeholders for final 2025 data to be incorporated as available in January 2026.

BC will review DWR’s 2025 UWMP Guidebook and summarize new requirements to the City as the 2025 UWMP Guidebook becomes available (estimated for release July 2025). BC may need to request additional data from the City at this time, but because there have been no changes to the UWMP related regulations, new requirements are expected to be minimal.

Task 2.1 Deliverable
 Meeting summaries for the project kickoff meeting and three progress meetings.  One data request.
 One draft and one final letter that the City can provide to agencies potentially impacted by the UWMP.

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Task 2.1 Assumptions
 The Kickoff Meeting with the City will be held at City facilities, all others will be virtual. Each meeting will last up to one hour. Up to three BC staff will attend each meeting.  The City will provide requested data within three weeks of receiving the data request.  Provided information will not be reviewed for accuracy by BC. The information will be used as provided.
 BC's attendance and presentations at the City Council meeting are addressed in Task 2.3.  The City will provide notice of public hearing to the public as specified in California Government Code 6066 and the 60 days’ notice to applicable cities and counties.  The City will provide the following (in Excel spreadsheets, where applicable):  2021-2025 population and customer data electronically in Excel spreadsheets.  2021-2025 annual surface water and groundwater production, consumption by customer sector (such as single family, multi-family, commercial, industrial, institutional), water sales to others (non-retail), and City wastewater flows electronically in Excel spreadsheets.  2021-2025 well and pump station power usage and cost information.  Information on future water supply projects.  Information on the financial plan for drought conditions and customer compliance, enforcement, and appeal/exemption procedures.  Lessons learned or suggested updates to the City’s AWSDA Procedures.  Water conservation program and WSCP stage of action to include updates since the 2020 UWMP.  GIS boundary of City water service area.

Task 2.2 UWMP Technical Elements
BC will conduct the following services to develop the technical elements of the UWMP.

Task 2.2.1 System Description
BC will describe characteristics of the water system, such as geographic location, demographic information, customer description, climate, system facilities, and sources of supply. BC will leverage information from the 2020 UWMP where possible. This task involves the following activities:
 Preparation of a map depicting the City’s service area and principal features of the water system.
 Description of the climate (e.g., monthly evapotranspiration, average rainfall, and average temperature), geography, and physical characteristics of the water system (e.g., water supply and distribution facilities).
 Provide a discussion of potential impacts of climate change to the City’s water demand and supply.
 Current population and updated population projections through 2050 using Department of Finance.
 Number of existing customer accounts by customer category.  Overview of the City’s organizational structure and history.

Task 2.2.2 System Water Use
BC will summarize past, current, and projected water use across various sectors from the 2026 WMP calculation of water demands described in Task 6.3. Future projections will be reported in fiveyear increments for a 25-year planning horizon (i.e., through 2050). Historical water loss for the last five years will be summarized and projected water loss will be included in demand estimates.

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Additionally, water use for lower income households will be calculated. BC will also describe additional water uses and losses projected from 2025 through 2050 for uses such as salinity/contaminant barriers, groundwater recharge, and conjunctive use.

BC will incorporate possible impacts of climate change on future City water demands.

Task 2.2.3 Water Use Goals
BC will summarize the City’s draft water use goals to include per capita use and water use objectives based on the provisions of AB 1668 and SB 606 utilizing the Water Use Objective Exploration Tool located on the State Water Resources Control Boards website. BC will compare draft water use objectives to the projected water demand in Task 2.2.2 to estimate the future water conservation to meet the identified future water use objectives.

Task 2.2.4 System Supplies
BC will summarize the existing and planned sources of water supply available to the City in 5-year increments from 2025 through 2050. BC will present descriptions and projections of the following:
 Water supply sources, including discussion of relevant water agreement changes.  Future water supply projects, including project start date, project completion data, and normal water-year supply to the City.
 Available water supply from desalination opportunities and opportunities (or lack of opportunities) for development of desalinated water including ocean water, brackish water, and groundwater.
 Wholesale supply reliability, as provided in writing by the wholesale agency (i.e., a table summarizing wholesale reliability in single and multiple dry years and summarizing the wholesaler’s supply by source, including impacts of legal, environmental, water quality, and climatic factors). The coordination of this information is included in Task 2.1.2.

BC will calculate the City’s energy intensity using the annual energy usage and cost information, provided by the City, for each of the City’s water system facilities. BC assumes the City’s energy intensity will be calculated using the total utility approach (DWR 2020 UWMP Guidebook Appendix O, Option B). BC will also work with the City to include a short discussion on the City’s energy use and applicable energy policies.

Task 2.2.5 Water Supply Reliability and Drought Risk Assessments BC will present the amount of water supply by source currently developed and anticipated to be available in 5-year intervals through 2050 for various hydrologic conditions including: average-, dry-, and multiple (five consecutive year drought) dry- water years. BC will coordinate with the City to determine the appropriate basis of water year data to use when defining the various hydrologic conditions.

BC will update the City’s Drought Risk Assessment (DRA) from the 2020 UWMP. The DRA will include an update to the:
 Data and methods used
 Basis for the supply shortage conditions
 Determination of the reliability of each source
 Comparison of total water supplies and uses during the drought Three DRA scenarios and water source reliability for these scenarios will be summarized. A DRA total water supply and use comparison table will be included based on the scenario that the next five years are five-consecutive-year drought years. It will calculate the potential supply shortages (or surplus) and allow the City to include shortfall mitigation from WSCP demand reduction measures and supply augmentation.

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Task 2.2.6 Water Shortage Contingency Planning
The water shortage contingency analysis will include updated stages of action recently developed and provided by the City including a description of water supply conditions for each stage and the consumption reduction methods. Updates to the City’s AWSDA procedures per discussions with the City regarding recent lessons learned will be described. A summary of the City’s 2025 Emergency Response Plan (ERP) will be included. A copy of the City’s updated proposed water shortage contingency plan/ordinance will be included in the UWMP document.

Task 2.2.7 Demand Management Measures
BC will provide a description of the City’s water demand management measures that address the nature and extent of each water demand management measure implemented over the past five years. Descriptions captured under this task include:
 Water waste prevention ordinances
 Metering
 Conservation pricing
 Public education and outreach
 Programs to assess and manage distribution system real loss  Water conservation program coordination and staffing support Task 2.2 Deliverable
 Figures, tables, and narrative text consistent with Task 2.2 scope; to be included in Task 2.3 draft report.

Task 2.2 Assumptions
 Because 2025 UWMP reporting requires water use data through December 2025, BC will initially develop the UWMP with placeholders for final data to be incorporated as available in January 2026.
 Included in Task 2.2 is the appropriate quality oversight per the QMP and is reflected in the project budget.

Task 2.3 UWMP Preparation, Adoption, and Submittal
This task consists of UWMP preparation and services to support adoption by City Council and submittal to the State.

Task 2.3.1 Prepare Staff Review Draft UWMP
BC will prepare a draft report that is structured as recommended by DWR and presents the results from each task. Per the DWR UMWP guidebook, BC will summarize the City’s 2025 UWMP in simple layperson’s terms, including descriptions of water supply reliability and strategies for managing risks.

The UWMP will include the standardized tables and appendices that consist of supporting documentation, including the adopting resolution, water shortage contingency resolution, conservation reports (if applicable), copies of pertinent groundwater management plans, and GIS shape file of the service area. The DWR UWMP guidebook review checklist will be completed and included in an appendix of the UWMP.

BC will meet with City staff to review findings of the draft UWMP, discuss recommendations, and receive a consolidated set of comments to incorporate into the Draft UWMP. BC will meet with City staff to review comments on the draft UWMP. BC will submit the admin draft UWMP document to the City in electronic PDF format.

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Task 2.3.2 Prepare Public/City Council Draft UWMP
Once City staff review comments are received on the draft UWMP, BC will address those comments and provide a Public/City Council draft report in electronic pdf format.

Task 2.3.3 Public Hearing Presentation and Support
As required by the Urban Water Management Planning Act, the City will conduct a public hearing to seek adoption of the 2025 UWMP. BC will support the public hearing by delivering a presentation summarizing the 2025 UWMP and answering questions. The public hearing must precede City Council’s adoption hearing, though the two activities may occur at the same City Council meeting (provided the hearings are appropriately sequenced on the agenda).

Task 2.3.4 Prepare Final UWMP and Submittal
Once City Council and public comments are received, BC will provide a final report of the adopted 2025 UWMP. BC will provide four hard copies and two digital files (.doc and .pdf format) of the adopted 2025 UWMP. BC will submit the adopted UWMP to DWR through an electronic upload process.

Task 2.3 Deliverable
 One draft UWMP (electronic pdf format)
 One Public/City Council Draft UWMP (electronic pdf format)  Final Adopted UWMP (electronic pdf/doc and hard copy format, four hard copies) Task 2.3 Assumptions
 The City will provide one consolidated set of comments on each draft review including the public review comments.
 Included in Task 2.3 is the appropriate quality oversight per the QMP and is reflected in the project budget.
 The City will provide notice of public hearing to the public as specified in the California Government Code 6066 and the 60 days’ notice to applicable cities and counties.

Phase 3: 2026 Annual Water Supply and Demand
Assessment
BC shall work collaboratively with City staff to conduct the 2026 AWSDA and prepare the Annual Shortage Report in compliance with the California Water Code and the requirements of DWR.

Task 3.1 Meetings and Data Review
This task consists of project meetings and data review.

Task 3.1.1 Meetings with City Staff
BC will attend a Phase 3 kickoff meeting to review project scope, schedule, critical success factors, project challenges/risk, and data needs. The BC PM and City PM will hold up to three, one-hour progress meetings virtually to coordinate and collaboratively monitor project progress. While topics and activities for progress meetings will vary through project duration, these meetings will serve as a venue for reviewing analysis assumptions and initial results.

Assumptions:
 Phase 3 Kickoff Meeting and progress meetings will be attended by up to two BC staff and be up to one hour in duration, unless noted otherwise.
 It is assumed that all the meetings will be held virtually.

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Task 3.1.2 Data Review
As part of this task, BC will provide a data request prior to the kickoff meeting via email detailing the data to incorporate into the 2026 AWSDA.

Task 3.1 Deliverables
 Meeting agendas for the project kickoff meeting and three progress meetings.  One data request via email
Task 3.1 Assumptions
 The City will provide requested data within three weeks of receiving the data request.  Provided information will not be reviewed for accuracy by BC. The information will be used as provided.

Task 3.2 AWSDA and Annual Shortage Report Preparation and Submittal This task consists of conducting the AWSDA and developing the Annual Shortage Report. The AWSDA and Annual Shortage Report will be developed using DWR’s Guidance Document, DWR’s Reporting Tables Excel Workbook, and the procedures described in Section 3 of the WSCP that is presented in City’s 2025 UWMP.

The AWSDA will address the twelve months from July 2026 to June 2027 and will be based on considerations of unconstrained water demand, available water supplies, and infrastructure considerations. Since shortages are based on the difference between expected water supplies and unconstrained demand under current year and dry year conditions, the locally applicable evaluation criteria to be used in the AWSDA for determining a shortage include the following:
 Depiction of current year and subsequent dry year based on best-available data, including anticipated hydrologic conditions;
 Current and subsequent dry year unconstrained potable and non-potable demand for the City’s customers considering weather, growth, and other influencing factors; and  Estimation of available potable and non-potable water supply for current and subsequent dry year.

The Annual Shortage Report will include information on anticipated shortages in the next year (July 2026 to June 2027) and identify triggered shortage response actions, compliance and enforcement actions, and communication actions consistent with the City’s WSCP. BC will develop the Annual Shortage Report and incorporate the numerical input regarding water supplies and demand from City staff.

Task 3.2.1 Draft Annual Assessment and Annual Shortage Report This task consists of conducting the Annual Assessment with data and feedback from City staff and preparing a draft of the Annual Shortage Report for City staff to review.

Task 3.2.2 Final Annual Shortage Report and DWR Submittal BC will revise the draft AWSDA and Annual Shortage Report based upon comments received from the City and submit the final Annual Shortage Report to the City.

If requested by the City, BC will submit the final Annual Shortage Report to DWR.

Deliverables:
 Two digital files (.doc and .pdf format) of each of the draft Annual Shortage Report documents described in Task 3.2.1 and 3.2.2.
 One digital file (.xls format) of the completed AWSDA Reporting Tables provided by DWR.

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Assumptions:
 The potable and non-potable water demands will be based on the demands presented in the 2025 UWMP, the 2022-2025 AWSDA, and City staff input.  The schedule assumes the City will provide additional water demand or supply data needed within 10 days of the submitted request.
 Estimation of available potable and non-potable water supply will be based on the water supply data presented in the 2025 UWMP, the 2022-2025 AWSDA, and City staff input, in coordination with East Contra Costa Irrigation District and Contra Costa Water District, as well as considerations for hydrological and regulatory conditions in the current year.  BC will present AWSDA data in the standardized tables required by DWR.  BC will submit deliverables to the City initially as one draft for review, then as final to address the City’s review comments.
 The City will have 10 business days to review the ASWDA and Annual Shortage Report.  The City will provide one consolidated set of comments on each draft review including the public review comments.
 Included in Task 3.2 is the appropriate quality oversight per the QMP and is reflected in the project budget.
 BC will document follow-up actions or rationale (if not revising a work product to incorporate one or more of the City’s comment[s]) in the comment log.  City is responsible for any public notifications.

Phase 4: 2025 Risk and Resilience Assessment
BC will perform the following tasks for preparing the updated RRA for the City of Brentwood. Work performed for the 2025 RRA will utilize the 2020 RRA. The 2020 RRA will be updated per the scope listed. The scope provided below is provided for context.

Task 4.1 Meetings and Data Review
This task consists of project meetings and data review.

Task 4.1.1 Meetings with City Staff
Prepare and hold three meetings. BC has assumed that the Phase 4 Kickoff Meeting (Meeting 1) will be in person and the other two meetings will be conducted virtually.  Meeting 1: Phase 4 Kick Off Meeting and Facilities Overview. Review asset inventory, 2020 RRA, and lessons learned since the 2020 RRA.
 Meeting 2: Assets, threats, consequences, and vulnerabilities. Review interim deliverable results.
 Meeting 3: Review Draft RRA Document and VSAT results meeting.

Deliverables:
 Meeting agendas and meeting notes
Assumptions:

Meetings are assumed to include up to 2 BC staff and will be up to 2 hours in duration.

Task 4.1.2 Data Review
BC will develop a data request for the RRA. Requested data will include, existing reports, studies, plans, asset lists, and GIS asset data.

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Deliverables:
 RRA data request as an Excel spreadsheet.

Assumptions:
 The City will provide requested data to BC within three weeks of request.  The City will provide BC with the 2020 RRA in MS Word.  Provided information will not be reviewed for accuracy by BC. The information will be used as provided.
 During Meeting 1, City and BC will determine what components of the 2020 RRA will be updated.

Task 4.2 Update Risk and Resilience Assessment
BC will update the City’s RRA based on a seven-step process presented in American Waterworks Association (AWWA) J100-10 (R13) Risk and Resilience Management of Water and Wastewater Systems. The seven steps to update are as follows:

1. Asset characterization

2. Threat characterization

3. Consequence analysis

4. Vulnerability analysis

5. Threat analysis

6. Risk/resilience analysis

7. Risk/resilience management
Each step corresponds to Tasks 4.2.2 through 4.2.8 below. BC will use the VSAT Web tool to assist with preparation of the RRA. The VSAT tool includes EPA’s Water Health & Economic Analysis Tool (WHEAT).

Task 4.2.1 Review Lessons Learned
BC will review 2020 RRA and discuss lessons learned and identify possible threats that occurred.

Discussion and documentation of lessons learned and threat occurrence will be addressed during the kickoff meeting and included in the 2025 RRA.

Task 4.2.2 Update Asset Characterization
BC will work with the City to update water distribution system assets and describe recent changes.

This includes reviewing identified mission critical functions of the City’s drinking water system from the 2020 RRA and providing updates.

Assumptions:
 Asset lists will be provided as needed and available by the City.  No site visits will be performed to assess assets.
 Existing countermeasures will be based on the measures in the VSAT tool.  Asset characterization updates will be discussed with the City at the RRA Kick Off Meeting (Task 4.1.1, Meeting 1) and assets, threats, vulnerabilities and consequences meeting (Task

4.1.1, Meeting 2).

Task 4.2.3 Update Threat Characterization
Update threat characterization to identify and define threat scenarios, including malevolent threats, natural hazards and supply chain scenarios to serve as reference threats for the remainder of the RRA process. The threats presented in AWWA Standard J100 Appendix E and the Baseline Information on Malevolent Acts (EPA, July 2019) will serve as the basis of the types of threats. These DRAFT

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are the same threats in the VSAT tool. Specific attention will be applied to recent regulatory changes and the pandemic threat.

Pair threats with the potential critical assets updated as part of Task 4.2.2 BC and the City will identify up to 10 additional asset-threat pairs to be further assessed and included in the RRA report.

Assumptions:
 Updates to threat characterization, development of threat-asset pairs, and ranking of consequences will be discussed with the City at the RRA Kick Off Meeting (Task 4.1.1, Meeting 1) and Assets, threats, vulnerabilities and consequences meeting (Task 4.1.1, Meeting 2).  The threats will be based on those defined in Appendix E of the AWWA J100 standard and those in the VSAT tool.

Task 4.2.4 Update Consequence Analysis
Update the possible reasonable consequences that can be caused by the specific threats on the critical assets considering existing protective countermeasures in place for each threat-asset pair identified as part of Task 4.2.3. Consequences include the following common public health and economic consequences:
 Number of fatalities
 Number of serious injuries
 Utility economic costs, which will include asset replacement costs and lost revenue from water outages to affected customers. Consequence estimates will be derived from the VSAT WHEAT tool.
 Regional economic costs, which will include lost revenue from businesses and industries that cannot operate due to water service impacts and/or evacuations (from a release of hazardous gas), as well as other impacts on the regional economy as estimated by WHEAT.  BC will work with the City to assign an approximate magnitude of the consequences of each threat-asset pair. BC will use a qualitative judgement of the magnitude (small, medium, large) of consequences, which is consistent with the AWWA J100 standard and the VSAT tool.

Assumptions:
 Consequence analysis will be completed by entering threat-asset pairs into the VSAT tool. The EPA’s WHEAT tool will be used to calculate order-of-magnitude estimates.  Baseline consequence metrics will be recorded in VSAT under this task. These metrics include the percentage of customers that would experience a water service outage, and the estimated duration of the outage for each threat-asset pair identified in Task 2.3.  Financial analysis for critical assets is limited to financial consequences included in the VSAT tool.

Task 4.2.5 Update Vulnerability Analysis
Update vulnerability analysis for each threat-asset pair to evaluate the protective system’s ability to withstand the specified threat. The Vulnerability Likelihood Calculator (VLC) available in the VSAT will be used to perform this analysis.

Task 4.2.6 Update Threat Likelihood Analysis
Update the estimate the likelihood each threat identified in Task 4.2.3 would occur in a one-year period. For man-made hazards, the default threat likelihood provided in Tables 6-13 of Baseline Information on Malevolent Acts (EPA, July 2019) will be used as a starting point. For natural, dependency, and proximity hazards likelihood estimates will be calculated in the VSAT.

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Task 4.2.7 Update Risk and Resilience Analysis
Update the level of risk for each threat-asset pair as the product of the results from the consequence analysis (Task 4.2.4), vulnerability analysis (Task 4.2.5), and threat analysis (4.2.6).

This task includes a monetized risk calculation, which will be calculated in VSAT using the following formula:

Risk ($) = Consequences ($) x Vulnerability x Threat Likelihood Calculate resilience using the AWWA J100 standard. The following resilience metrics will be included for each threat-asset pair:
 Monetized risk cost
 Utility financial impact
 Regional economic impact
Task 4.2.8. Update RRA Report
Prepare and submit to the City for review a draft and final RRA report. Review comments from the draft report will be incorporated into the final submittal. Report shall include the updated Baseline Risk Assessment Summary Report generated by VSAT as a PDF. Additionally, a MS Excel sheet will be developed that identifies updated baseline resilience metrics for each threat-asset pair with a summary describing calculations completed for asset resilience, owner’s economic resilience, and community economic resilience. The baseline VSAT data file shall also be submitted.

Assumptions:
 City will provide one set of consolidated comments on Draft RRA Report.  Included in Task 4.2 is the appropriate quality oversight per the QMP and is reflected in the project budget.
 Comments will be provided to BC within 10 working days of draft report submittal.  The City will send required certification to the EPA administrator.

Deliverables:
 The first and final draft will be submitted electronically.

Phase 5: 2025 Emergency Response Plan
BC will perform the following tasks to prepare the update to the ERP for the City of Brentwood. Work performed for the 2025 ERP will utilize the 2020 ERP. The 2020 ERP will be updated per the scope listed. The scope provided below is provided for context.

Task 5.1 Meetings and Data Review
This task consists of project meetings and data review.

Task 5.1.1 Meetings with City Staff
Prepare and hold two meetings.
 Meeting 1: Phase 5 Kick Off Meeting to review contents of the 2020 ERP and determine components that need to be updated.
 Meeting 2: Review Draft ERP document meeting
Deliverables:
 Meeting agendas and meeting minutes
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Assumptions:
 Meetings are assumed to include up to 2 BC staff and will be up to 2 hours in duration.

These meetings are assumed to be held virtually.

Task 5.1.2 Data Review
BC will develop a data request for the ERP. Requested data will include, but is not limited to, existing reports, studies, and plans. BC will deliver the data request as an Excel spreadsheet.

Deliverables:
 ERP data request as an Excel spreadsheet.

Assumptions:
 BC has assumed that meetings will be conducted virtually.  The City will provide BC with the 2020 ERP in MS Word.  The City will provide requested data to BC within three weeks of request.  Provided information will not be reviewed for accuracy by BC. The information will be used as provided.

Task 5.2 Emergency Response Plan
BC will use the findings from work conducted in completing the City’s RRA to update the City’s ERP.

Per EPA regulations, the ERP should include the following:
 Strategies and resources to improve the resilience of the City’s water distribution system, including the physical security and cyber security of the system;  Plans and procedures that can be implemented, and identification of equipment that can be utilized, in the event of a malevolent act or natural hazard that threatens the ability of the City’s system to deliver an adequate supply of safe drinking water;  Actions, procedures, and equipment which can obviate or significantly lessen the impact of a malevolent act or natural hazard in the public health and safety and supply of drinking water provided to communities and individuals, including the development of alternative source water options, relocation of water intakes, and construction of flood protection barriers.  Strategies that can be used to aid in the detection of malevolent acts or natural hazards that threaten the security or resiliency of the City’s water distribution system.

The effort to update the ERP will depend on the updated risks to critical assets identified in the City’s updated RRA described in Task 4 and other typical elements that are included in an ERP that are not required by the AWIA that the City may desire to include.

Task 5.2.1 Emergency Response Evaluations
BC will work with the City to conduct the following activities as part of the update of the City’s ERP:
 Update previously identified strategies and resources to improve the resilience of the City’s water system and reduce risks to key facilities. Will add up to three new strategies.  Update previously identified plans and procedures that may be implemented in the event of a threat to mitigate the impact to the City’s ability to continue to deliver safe drinking water. This includes identifying equipment that can be used in the event of a threat.  Update previously identified actions that can be taken in advance to eliminate or reduce the impact of a threat on the District’s facilities.
 Update previously identified strategies that the City can implement to identify threats early.
 Update previously identified and coordinated local emergency planning committees.

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Assumptions:
 The City will identify and coordinate with local emergency planning committees. This scope does not include attendance by BC staff at emergency planning committee meetings.  The City will share information from coordination efforts with BC to incorporate in the ERP.

Task 5.2.2 Prepare Emergency Response Plan
Prepare an update to the ERP to include the required elements identified in the City’s RRA.

Prepare and submit to the City for review one Draft and one Final ERP. Review comments from the Draft ERP will be incorporated into the Final ERP submittal.

Assumptions:
 Preparation of the non-AWIA required elements of an ERP are not included.  The identification of strategies, plans, procedures, and actions to reduce risk will focus on the asset-threat risk pairs with the highest baseline risk costs identified in the RRA.  Included in Task 5.2 is the appropriate quality oversight per the QMP and is reflected in the project budget.
 City will provide one set of consolidated comments on Draft ERP.  Comments will be provided to BC within 10 working days of draft report submittal.

Deliverables:
 The Draft and Final ERP will be submitted as an electronic copy.

Phase 6: 2026 Water Master Plan
The purpose of the 2026 WMP is to update the City’s water demand projections, describe supply sources and evaluate the adequacy of supplies to meet the future demands, evaluate the existing distribution system, and recommend updated capital improvements. Included in the 2026 WMP will be a financial plan to assist in the implementation of the recommended CIP.

Task 6.1 Meetings and Data Review
This task consists of project meetings and data review.

Task 6.1.1 Meetings with City Staff
Prepare and hold nine project meetings as follows:
 Meeting No. 1: Kickoff meeting to review the scope of work, data request, and discuss analysis assumptions and operational and risk analysis criteria. Discuss the hydraulic model scenarios to be evaluated.
 Meeting No. 2: Review growth and water demand evaluation initial results.  Meeting No. 3: Review water supply evaluation initial results.  Meeting No. 4: Review water system capacity evaluation and desktop storage analysis initial results.
 Meeting No. 5: Review Water System Pipe Risk Analysis initial results.  Meeting No. 6: Review initial capital improvement recommendations.  Meeting No. 7: Review preliminary financial forecast model  Meeting No. 8: Review initial financial plan.
 Meeting No. 9: Review City comments on Administrative Draft Report.

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Meetings will be for up to two hours each with up to three BC staff in attendance. Kickoff Meeting will be in person and all other meetings are assumed to be virtual.

Deliverables:
 Meeting agendas and meeting summaries
Task 6.1.2 Data Review
BC will develop a data request. Requested data will include, but is not limited to, existing reports, studies, plans, financial documents, GIS data, production and billing records, and SCADA data. BC will deliver the data request as an Excel spreadsheet.

Deliverables:
 Data request as an Excel spreadsheet.

Assumptions:
 The City will provide requested data to BC within three weeks of request.  BC will not be responsible for verifying the accuracy and completeness of the data. The information will be used as provided.

Task 6.2 Description of Existing Water System
BC will describe the City’s existing water system based on information provided by the City to include the service area, water supply facilities, distribution system, groundwater wells, surface water supply, storage facilities, and booster pumping stations.

Task 6.3 Growth and Water Demand Evaluation
BC will utilize the City’s water use and production data combined with land-use planning Geographic Information System (GIS). Historical system demands and number of connections will be described and used to inform the customer and demand projections. BC will use GIS land-use data from general plan information combined with customer meter locations to estimate the land-use area remaining to be served by the City. The number of future connections by customer sector at buildout will be estimated based on land use type. Past residential and commercial growth, known development plans, and other relevant available sources of information will be used to estimate the rate of growth of each customer sector through the planning horizon. Demands will be developed for the following planning horizons:
 6 years (2030/31)
 13 years (2037/38)
 20 years (2045)
 Buildout
Unit water demand factors (UWDFs) will be developed based on per acre and per connection.

Consideration of the new California State Water Use Objectives along with local regulations and water use efficiency measures and strategies will be included in the demand analysis.

BC will review the provided 2022 through 2024 water use data and street address assigned to billing accounts to locate demands spatially throughout the distribution system to establish UWDFs for each designated land use correlated to the City’s customer sectors based on billing data for metered accounts.

Supervisory Control and Data Acquisition (SCADA) data provided by the City will be utilized to develop peaking factors including Maximum Day Demand (MDD) and Peak Hour Demand (PHD) peaking factors. As historical data is available, BC will compare historical MDD and PHD peaking factors to recommend the appropriate peaking factors to use for planning purposes. BC will consider California State Water Resources Control Board Division of Drinking Water (DDW) standards in this analysis.

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Diurnal water use graphs will be developed from SCADA water production and tank level data that are representative of the maximum day water use patterns. The graphs will be used to calculate a series of multipliers (peaking factors) that the model uses to adjust demands for each hour in a day.

The diurnal patterns will be entered into the model and assigned to all demand nodes.

BC will summarize water demand projections, as well as define and incorporate the City’s water use objectives into the future UWDFs through buildout. The City’s water demand objectives will be estimated using the most recent methodologies developed by DWR. It is assumed that the City will meet the indoor water use standard, water loss standard, and that the City will provide to BC the outdoor landscape area analysis that was done by DWR for the City. The draft results of this analysis will be reviewed with the City in Meeting No. 2 as described in Task 6.1.1.

Task 6.4 Water Supply Evaluation
This task provides an assessment of the City’s ability to meet current and future demands. BC will summarize each water supply source, production facility, and ability to supply and treat the water supplies to meet demands. Climate variability impacts on the water supplies will be assessed using available information from purchased supplies.

Limits on groundwater pumping due to safe yields will be identified in in the East Contra Costa Subbasin Groundwater Sustainability Plan (ECC Subbasin GSP).

BC will describe the City’s water quality by source and current and upcoming water quality related regulations. The water quality information will be based on the City’s most recent Consumer Confidence Report. Arsenic, chromium 6, PFAS, and turbidity will specifically be summarized as these are issues in surrounding water agencies. Potential impacts to the water supplies in the City’s system based on current and known upcoming drinking water regulations will be summarized. The draft results of this analysis will be reviewed with the City as part of Meeting No. 3 as described in Task

6.1.1 Task 6.5 Water System Capacity Evaluation
The capacity of the existing distribution system will be analyzed. A desktop storage analysis and hydraulic modeling analysis will be conducted. The draft results of this analysis will be reviewed with the City as part of Meeting No. 4 as described in Task 6.1.1.

Task 6.5.1 Desktop Storage Analysis
A desktop storage analysis will be conducted to determine the need for additional above ground storage facilities to meet existing and future equalization, emergency, and fire flow needs. BC will work with the City to document the storage criteria for these storage components.

Task 6.5.2 Hydraulic Model Development and System Analysis BC will develop and calibrate a hydraulic model of the City’s distribution system. BC will then evaluate the City’s system based on general engineering practice and City standards.

Task 6.5.2.1 Hydraulic Model Development
BC will develop a hydraulic model of the City’s water distribution system. The model will be created from the City’s provided existing water system GIS data. Facilities including mains, tanks, pumps, wells, and control valves will be added to the model. Dimensions and operational controls will be added for each facility based on information provided by the City. Information from the previous model will be used to supplement identified missing information. BC will use one of the three widely used commercially available software packages: Autodesk InfoWater Pro, Bentley WaterGEMS, or Aquanuity AquaTwin Water.

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Task 6.5.2.2 Model Calibration
BC will prepare a calibration plan for the model and submit to the City for review. An anticipated 10 fire flow tests will be performed throughout the City. The calibration plan will identify locations for the fire flow tests, identify SCADA data to be gathered, and document the testing protocol. The calibration plan will also include placing pressure loggers at key locations throughout the City for 2 weeks. BC will help the City to extract data for model calibration from the City’s SCADA system.

BC will coordinate with the City to conduct calibration testing. City personnel will assist in performing flow testing and will be responsible for supplying the tools and equipment required for the operation of system facilities. BC will be responsible for supplying pressure loggers and hydrant diffusers for the testing. Two BC staff members will be onsite for one day for equipment installation and testing and one BC staff member will return approximately two weeks later to retrieve the equipment. BC and City will coordinate dates for this task.

BC will develop model scenarios for each fire flow test. Model results will be compared with the field data and measured against the calibration criteria. Comparisons that fall outside the established criteria will be identified and adjustments and/or corrections to the model will be made until negotiated results are obtained. If sufficient SCADA is available, pump SCADA data will be compared to pump curves and the pump curves will be adjusted. If calibration at a location cannot be achieved within the budgeted hours, written suggestions will be made as to possible reasons for the discrepancies and what steps might be taken to improve calibration at each location.

BC will develop a model scenario to simulate seven days of system operations. The results will be compared with data extracted from the SCADA system and temporary pressure or flow loggers. Operational settings and controls in the model will be adjusted until satisfactory model results are obtained. If calibration at locations cannot be achieved within the budgeted time, written suggestions will be made as to possible reasons for the discrepancy and what steps might be taken to improve calibration at that location.

Task 6.5.2.3 System Evaluation
BC will provide proposed criteria to be used in the evaluation of the distribution system and the design of proposed improvements. The criteria will be based on the City’s regulatory requirements, general engineering practice, and City standards. The criteria will be discussed and confirmed at the kickoff meeting and summarized in the master plan report. The criteria will include pipe pressures and velocities, storage tank sizes, pump sizes, and fire flow demands based on land use type. BC will evaluate the existing distribution system for existing demand conditions using the model to determine its capacity to deliver water under peak demand and fire flow conditions. BC will add proposed facilities to the model and will repeat the evaluation for future demand conditions. Possible deficiencies will be identified.

The following model scenarios will be evaluated for each of the planning horizons previously mentioned to analyze distribution system piping compared to the evaluation criteria:
 Maximum day demands (which includes peak hour)
 Average day or minimum day (for water quality)
 Fire flow under maximum day demands. Fire flows will be calculated throughout the system using the fire flow criteria and areas that cannot supply sufficient fire flow will be identified DRAFT

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Task 6.6 Existing Water System Desktop Condition Assessment Pipe Risk Analysis
In this desktop risk analysis, BC will analyze the relative risk of failure for the City’s water system pipelines by performing a likelihood and consequence of failure pipeline risk analysis using the Innovyze InfoMaster Asset Planner software. Understanding the relative risk of failure for various water pipeline sections is critical to plan water pipe CIP projects effectively by prioritizing the highest risk projects. BC will work with the City to develop an appropriate failure ranking and weighting system to predict risk of failure at the kickoff meeting. The risk analysis criteria will be discussed at the Kickoff Meeting. In general, pipe characteristics (such as age, material, break history, proximity to natural hazards, and criticality of the pipe or service location (such as pipe diameter, proximity to critical customers, hospital service) determine overall risk of failure. The draft results of this analysis will be reviewed with the City as part of Meeting No. 5 as described in Task 6.1.1.

Task 6.7 Capacity and Condition Recommended Improvements Based on the findings in Tasks 6.4, 6.5, and 6.6, BC will prepare 6-year (2030/31), 13- year (2037/38), and 20-year (2045) CIP recommendations in tabular format and illustrated on a system map figure. Recommendations will include both prioritization and planning level opinion of probable cost information. Planning level opinion of probable costs are based on the AACE international Costs Estimate Classification System for class level 5. The draft results of this analysis will be reviewed with the City as part of Meeting No. 6 as described in Task 6.1.1 Task 6.8 Prepare Financial Plan
BC will prepare a financial plan based on the recommendations of the WMP that will guide the City’s water financial planning.

Task 6.8.1 Preliminary Modeling
Preliminary modeling includes the tasks for configuring the baseline forecast. It includes establishing basic economic assumptions (e.g., inflation, interest rates, and growth projections etc.) and configuring Brentwood’s historical financial information.

Additionally, the preliminary modeling will establish a baseline scenario that reflects Brentwood’s financial outlook before integrating the recommended projects from the master planning effort. Once developed, BC will review the preliminary model with the City to compare it to the organization’s outlook before proceeding to scenario analysis. The draft results of this analysis will be reviewed with the City as part of Meeting No. 7 as described in Task 6.1.1.

Task 6.8.2 Scenario Analysis
With the baseline model in place and approved by Brentwood, BC will create alternative scenarios that integrate the master plan projects into the CIP. The scenarios will allow for evaluation of different paths for implementing the new projects – i.e., different scheduling approaches – as well as options for funding and financing. Additionally, the scenario analysis examines changes in economic assumptions (e.g., different rates of inflation, interest rates, growth, etc.) or differences in financial policies.

For budgeting purposes, BC has assumed three core scenarios to define during the preliminary model review. Additional scenarios can be added, but may require additional budget by amendment.

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Task 6.8.3 Documentation
BC will prepare documentation of the selected financial scenario to be included in the WMP.

This WMP section will summarize the expected increases in annual expenditures, the impact on revenue streams, including rates, necessary to support the plan, and detailed projections of the City’s financial performance. The draft section will be reviewed with the City as part of Meeting No. 8 as described in Task 6.1.1.

Task 6.9 Prepare WMP Report
BC will prepare an administrative draft WMP Report that is structured based on the tasks in this scope of work. The proposed WMP report outline will be reviewed with the City as part of Meeting No. 1 in Task 6.1.1. City staff will review the administrative draft WMP report and provide one consolidated set of review comments. BC will address City comments and provide an updated draft WMP report. Following City staff and review, and receipt of one consolidated set of comments on the updated draft WMP report, BC will address the comments and submit a final WMP report. The administrative draft WMP report will be reviewed with the City as part of Meeting No. 9 as described in Task 6.1.1
Task 6.10 Presentations
BC will coordinate with the City to prepare and present a presentation that summarizes the WMP to deliver at a City Council Meeting. It is assumed the meeting will each be up to two hours in person, with up to two BC staff present.

Assumptions:
 An analysis of water quality is not included in this scope of work.  The proposed WMP Update format outline will be provided to City for input and approval.
 Included in each task is the appropriate quality oversight per the QMP and is reflected in the project budget.
 Planning level opinion of probable costs are based on the Association for the AACE international Costs Estimate Classification System for Class 5.  Individual WMP report sections will be submitted for comment. City will return individual report sections with one set of consolidated comments in ten (10) business days.

Deliverables
 One draft of each WMP section
 One preliminary forecast model (MS Excel format)
 Administrative Draft WMP
 Draft WMP
 PowerPoint Presentation for City Council Meeting
 Final WMP
Schedule
The project end date is September 30, 2026. BC shall perform the tasks defined in this scope of work per the schedule in Exhibit A. The schedule is based on a notice to proceed by September 1, 2025.

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Budget Estimate
BC will perform the work described above outlined in Exhibit B, Budget Proposal, on a time and materials basis for an estimated fee of $642,293.

We look forward to the opportunity to perform the work for you. Please call John Abrew at (916) 853- 0904 if you have any questions.

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CITY COUNCIL AGENDA ITEM NO. H.5
08/26/2025
SUBJECT: Authorize the City Manager or designee to enter into a funding agreement with Contra Costa Transportation Authority for the Countywide Smart Signals Project, and approve amending the 2025/26 – 2029/30 Capital Improvement Program Budget
DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Anju Pillai, Engineering Manager

TITLE/RECOMMENDATION
Authorize the City Manager or designee to execute the Funding Agreement between the Contra Costa Transportation Authority (“CCTA”) and the City of Brentwood for the Countywide Smart Signals Project (“Project”), CIP Project No. 336-31706, and approve amending the 2025/26 – 2029/30 Capital Improvement Program Budget.

The Project is categorically exempt from California Environmental Quality Act review under Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, and 15304 – Minor Alterations to Land, as the subject improvements are Class I, IV or II projects, consisting of repair and maintenance of an existing street and sidewalks, and involving minor alterations to land.

FISCAL IMPACT
The estimated equipment and construction costs for the Smart Signals Project is $1,991,603. CCTA has allocated $44,672 in Measure J funds, and $1,718,538 in One Bay Area Cycle 3 (OBAG 3) program funds for this Project. If the Funding Agreement (Attachment 3) is approved, the City would pay CCTA 11.47% of the total Project cost, or $228,393, as matching local funds.

The local match is an estimate, and the Funding Agreement between the City and CCTA specifies that the final matching funds requirements may be adjusted based on the final actual design and construction costs incurred and will be reconciled at the completion of the Project.

CCTA intends to construct the project within budget and if the bids received for construction are over the available budget, CCTA will work collaboratively with the

CITY COUNCIL AGENDA ITEM NO. H.5
08/26/2025
participating cities to identify additional funding or revise the project to fit the estimate.

The General Fund contribution for this Project is included in the approved Fiscal Year 2025/26 - 2029/30 Capital Improvement Program (“CIP”).

An amendment to the Project budget is recommended in the CIP to reflect updated Project costs and funding sources, as shown in the below table, which reduces funding from the General Fund by $21,607. Upon approval of the CIP amendment, excess General Fund funding will be returned.

Project Funding Approved Amended
General Fund $250,000 $228,393
Federal/State $1,991,602
Federal/State/Agency $1,763,210
Total $2,241,602 $1,991,603

BACKGROUND
The CCTA has been awarded $26,555,000 in funding from the Metropolitan Transportation Commission's (MTC's) One Bay Area Cycle 3 (OBAG 3) program to support the design, construction, and deployment of the Smart Signals Project throughout Contra Costa county.

This initiative by CCTA represents a cohesive effort to modernize traffic signal and communication systems across 19 cities and unincorporated areas within Contra Costa County. The current region-wide systems are comprised of outdated equipment and systems lacking modern communication infrastructure, resulting in deficiencies that hinder effective traffic management, signal coordination, and safety. By tackling these challenges head-on, the Project seeks to enhance overall transportation efficiency and safety throughout the county.

CCTA and the Project stakeholders have initially identified systems deficiencies, which are translated as the following Project goals:
1) Improve safety and minimize crashes, injuries, and fatalities between motorists, bicyclists, and pedestrians;
2) Optimize mobility along major corridors and Routes of Regional Significance (RRS); and
3) Advance to Smart City and Internet of Things (IOT) solutions.

CITY COUNCIL AGENDA ITEM NO. H.5
08/26/2025
To accomplish these goals, CCTA is applying a Smart Signal approach that entails the deployment of Intelligent Transportation System (ITS) equipment. This is likely to include upgrading traffic signal controllers and cabinets, upgrading Advanced Traffic Management System (ATMS) for each agency to provide remote command and control from a centralized location, Closed-Circuit Television (CCTV) cameras, Signal Control and Prioritization (SCP) for transit and emergency vehicles, and/or vehicle detection systems deployed on predefined designated arterials and regional routes.

These improvements will assist Brentwood and neighboring cities with day-to-day county-wide traffic management capabilities in addressing recurrent traffic congestion while also providing CCTA with the ability to manage and coordinate the systems during major highway and freeway incidents, or during large-scale disaster related evacuations. The upgraded traffic signals will also reduce wait times at intersections and improve total travel time for all modes of transportation while making alternate modes such as transit, walking and bicycling, more viable transportation options. The Smart Signal systems would also improve the safety of pedestrians, bicyclists, vulnerable road users, and people with disabilities through deployment of advanced systems for improved detection of people and vehicles at signalized intersections.

Under the Funding Agreement with CCTA, CCTA will lead the planning, design, construction, and deployment of the Smart Signals project in Brentwood. This includes work related to 15 traffic signals along Brentwood Boulevard and Lone Tree Way, which are two corridors identified as Routes of Regional Significance. The estimated cost of improvements for the 15 traffic signals is $1,991,603. Under the proposed Agreement, the City would pay CCTA 11.47% of the total costs as matching local funds, in the amount of $228,393.

Below is the list of signalized intersections in Brentwood that would be upgraded with the Smart Signals Project:

No. Primary Street Secondary Street
1 Brentwood Blvd Balfour Rd
2 Brentwood Blvd Garin Comm Center
3 Brentwood Blvd Oak St
4 Brentwood Blvd 2nd St
5 Brentwood Blvd Central Blvd-Sycamore Rd
6 Brentwood Blvd Nancy St
7 Brentwood Blvd Technology Way
8 Brentwood Blvd Sand Creek Rd

CITY COUNCIL AGENDA ITEM NO. H.5
08/26/2025
No. Primary Street Secondary Street
9 Brentwood Blvd Applewood Common
10 Brentwood Blvd Sunset Rd
11 Brentwood Blvd Lone Tree Way
12 Lone Tree Way Anderson Ln
13 Lone Tree Way O'Hara Ave
14 Lone Tree Way Gann St
15 Lone Tree Way Fairview Ave

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 1: Public Works, Goal 1 Transportation: Proactively engage and collaborate with regional transportation agencies and stakeholders to facilitate the safe and efficient movement of people and goods.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
The Project is categorically exempt from California Environmental Quality Act review under Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, and 15304 – Minor Alterations to Land, as the subject improvements are Class I, IV or II projects, consisting of repair and maintenance of an existing street and sidewalks, and involving minor alterations to land.

ALTERNATIVE OPTION(S)
The City Council could choose not to support the Funding Agreement between Brentwood and CCTA, and forfeit the benefits of receiving CCTA’s grant funds and traffic signal improvements. The Project would still move forward as 17 other cities have already entered into funding agreements with CCTA.

CITY COUNCIL AGENDA ITEM NO. H.5
08/26/2025

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Funding Agreement with CCTA

4. Amended CIP Budget Sheet for Smart Signals Project

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 June 24, 2025, by Resolution No. 2025-82, the City Council adopted the City’s 2025/26 -2029/30 CIP, which includes the Project.

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD AUTHORIZING THE CITY MANAGER, OR

DESIGNEE, TO ENTER INTO A FUNDING AGREEMENT WITH

CONTRA COSTA TRANSPORTATION AUTHORITY FOR THE

COUNTYWIDE SMART SIGNALS PROJECT, AND APPROVE
AMENDING THE 2025/26 – 2029/30 CAPITAL IMPROVEMENT

PROGRAM BUDGET
WHEREAS, the Contra Costa Transportation Authority (“CCTA”) has been awarded $26,555,000 in funding from the Metropolitan Transportation Commission's (“MTC”) One Bay Area Grant Cycle 3 (“OBAG 3”) program to support the design, construction, and deployment of the Smart Signals Project throughout Contra Costa county; and
WHEREAS, this initiative by CCTA represents a cohesive effort to modernize traffic signal and communication systems across 19 cities and unincorporated areas within Contra Costa county; and
WHEREAS, CCTA and the Project Stakeholders have initially identified systems deficiencies, which are translated as the following Project goals: 1) improve safety and minimize crashes, injuries, and fatalities between motorists, bicyclists, and pedestrians; 2) optimize mobility along major corridors and Routes of Regional Significance (“RRS”); and 3) advance to Smart City and Internet of Things (“IOT”) solutions; and
WHEREAS, to accomplish these goals, CCTA is applying a Smart Signal approach that entails the deployment of Intelligent Transportation System (“ITS”) equipment and this is likely to include upgrading traffic signal controllers and cabinets, upgrading Advanced Traffic Management System (“ATMS”) for each agency to provide remote command and control from a centralized location, Closed-Circuit Television (“CCTV”) cameras, Signal Control and Prioritization (“SCP”) for transit and emergency vehicles, and/or vehicle detection systems deployed on predefined designated arterials and regional routes; and
WHEREAS, these improvements will assist Brentwood and neighboring cities with day-to-day county-wide traffic management capabilities in addressing recurrent traffic congestion while also providing CCTA with the ability to manage and coordinate the systems during major highway and freeway incidents or during large-scale disaster related evacuations; and

WHEREAS, under the Funding Agreement, CCTA will lead the planning, design, construction, and deployment of the Smart Signals project in Brentwood; and WHEREAS, this includes work related to 15 traffic signals along Brentwood Boulevard and Lone Tree Way, which are two corridors identified as Routes of Regional Significance; and
WHEREAS, the General Fund contribution for this Project is included in the 2025/26-2029/30 Capital Improvement Program (“CIP”); and WHEREAS, the estimated equipment and construction costs for the Smart Signals Project in Brentwood are $1,991,603; and
WHEREAS, the City agrees to pay CCTA 11.47% of the total costs as matching local funds in the amount of $228,393 through the Funding Agreement; and WHEREAS, the local match is an estimate, and the recommended Funding Agreement between the City and CCTA specifies that the final matching funds requirements may be adjusted based on the final actual design and construction costs incurred and will be reconciled at the completion of the Project; and WHEREAS, an amendment to the Project budget is recommended in the CIP to reflect updated Project costs and fund sources.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby authorize the City Manager, or designee, to enter into a Funding Agreement with CCTA for the Countywide Smart Signals Project, CIP Project No. 336-31706 in the amount not to exceed $228,393; and amends the 2025/26 - 2029/30 Capital Improvement Program per the attached CIP Budget Sheet incorporated herein by reference.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 26th day of August 2025 by the following vote:

FUNDING AGREEMENT No. 635
Countywide Smart Signals Design and Construction Phases

29222494.1/060323.0001
FUNDING AGREEMENT NO. 635

BETWEEN

THE CONTRA COSTA TRANSPORTATION AUTHORITY
AND

THE CITY OF BRENTWOOD

FOR COST SHARING COMMITMENTS TO DESIGN AND CONSTRUCT THE

COUNTYWIDE SMART SIGNALS PROJECT
This Agreement is made and entered into on August 26, 2025, by the CITY OF BRENTWOOD hereinafter referred to as ("CITY") and the CONTRA COSTA TRANSPORTATION AUTHORITY hereinafter referred to as ("AUTHORITY"). CITY and AUTHORITY are collectively referred to herein as the “Parties” and each individually as a “Party.”

RECITALS

1. AUTHORITY is the project sponsor and designated lead agency for implementing the Countywide Smart Signals Project within Contra Costa County, hereinafter referred to as “PROJECT”, which is a program to install signal system and intelligent transportation system (ITS) equipment upgrades to key identified intersections within Contra Costa County cities with the objective to coordinate and synchronize the timing of the signals.

2. AUTHORITY is the recipient of the Metropolitan Transportation Commission’s (MTC’s) One Bay Area Cycle 3 (OBAG 3) funds for design, construction, and deployment of the PROJECT.

3. CITY and AUTHORITY have identified 15 intersections to recommend for signal system and intelligent transportation system (ITS) equipment upgrades for inclusion in the PROJECT estimated at $1,991,603 (See Exhibit A)

4. CITY agrees to provide AUTHORITY with the minimum 11.47% local matching funds to the OBAG 3 funds in the amount of $228,393 in Fiscal Year 2025-26 to pay for the design and installation of upgraded equipment located within CITY’s right-of-way and cost of construction as part of the PROJECT.

5. CITY and AUTHORITY agree that the final matching funds requirements may be adjusted accordingly based on the final actual design and construction costs incurred and will be reconciled at the completion of the PROJECT as defined by the Parties in Exhibit A.

NOW, THEREFORE, in consideration of the foregoing, the AUTHORITY and CITY do hereby agree as follows:

FUNDING AGREEMENT No. 635
Countywide Smart Signals Design and Construction Phases

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SECTION I
CITY AGREES:

1. To provide AUTHORITY matching funds for upgrading equipment and construction cost for the City’s portion of the PROJECT in an amount of $228,393, which represents 11.47% of the OBAG3 funds of $1,991,603, no later than 30 days from receiving an invoice from AUTHORITY.

2. To work collaboratively with AUTHORITY to implement the PROJECT.

SECTION II
AUTHORITY AGREES:

1. To lead the development process including planning, design, construction, and deployment of the PROJECT, as described in Exhibit A and the Operations and Maintenance Agreement to be negotiated by the CITY and AUTHORITY following execution of this Agreement.

2. To submit an invoice to CITY for an amount of $228,393 prior to December 31, 2025.

3. To work collaboratively with CITY to implement the PROJECT.

SECTION III
IT IS MUTUALLY AGREED:

1. (a) That the cost to complete PROJECT is only an estimate and may require adjustments depending on the final cost. At the completion of the PROJECT, and if AUTHORITY determines that the match amount provided by CITY is exceeded, it will notify and seek approval of CITY to provide additional matching funds. Completion of the Project is defined as when AUTHORITY accepts and certifies that all phases of the PROJECT construction–including but not limited to installation, deployment, and activation of equipment–are completed. (b) If AUTHORITY determines that the match amount provided by CITY exceeded the amount needed to complete the PROJECT then AUTHORITY will refund CITY the balance of the original match amount provided by CITY as indicated in paragraph 1 of Section I.

2. Term: This Agreement will remain in effect through December 31, 2028, or at the completion of the PROJECT, whichever occurs first, or until discharged as provided in Paragraph 3 below or as a result of paragraph 13 below.

3. Discharge: This Agreement shall be subject to discharge as follows:

FUNDING AGREEMENT No. 635
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a. Either Party may terminate this Agreement at any time until construction of the PROJECT begins, other than for breach. Either Party may terminate by giving written notice of termination to the other Party which shall specify both the cause and the effective date of termination.

Notice of termination under this provision shall be given at least ninety (90) days before the effective date of such termination. Once construction of the PROJECT begins, neither Party may terminate this Agreement unless there is a breach as addressed in paragraph 3(b) below. b. This Agreement may be canceled by a Party for breach of any obligation, covenant, or condition hereof by the other Party, upon notice to the breaching Party. With respect to any breach which is reasonably capable of being cured, the breaching Party shall have 30 days from the date of the notice to initiate steps to cure. If the breaching Party diligently pursues cure, such Party shall be allowed a reasonable time to cure, not to exceed sixty (60) days from the date of the initial notice, unless a further extension is granted by the non-breaching Party. On cancellation, the non-breaching Party retains the same rights as a Party exercising its right to terminate under the provisions of paragraph 3(a), except that the canceling Party also retains any remedy for breach of the whole contract or any unperformed balance.
c. By mutual consent of both PARTIES, this Agreement may be terminated at any time. d. In the event of termination, AUTHORITY shall reimburse CITY, if AUTHORITY deems necessary, for overpayment by CITY based on the difference between actual cost share and estimated cost share, which such difference shall be determined in AUTHORITY’s sole discretion.

In no event shall the maximum expenditure allowed under this Agreement, as it may be adjusted by a written amendment signed by both parties, be exceeded.

4. Indemnity: It is mutually understood and agreed, relative to the reciprocal indemnification of AUTHORITY and CITY:
a. That neither AUTHORITY, nor any officer or employee thereof, shall be responsible for, and CITY shall fully indemnify and hold harmless AUTHORITY against, any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction by CITY under the Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold the AUTHORITY harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by CITY under this Agreement or in connection with any work, authority, or jurisdiction delegated to CITY under this Agreement.
b. That neither CITY, nor any officer or employee thereof, shall be responsible for, and AUTHORITY shall fully indemnify and hold harmless CITY against any damage or liability occurring by reason of anything done or omitted to be done by AUTHORITY under or in connection with any work, authority, or jurisdiction by AUTHORITY under the Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, AUTHORITY shall fully indemnify and hold the CITY harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by AUTHORITY under this Agreement or in connection with any work, authority, or jurisdiction

FUNDING AGREEMENT No. 635
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delegated to AUTHORITY under this Agreement.

5. Notices: Any notice which may be required under this Agreement shall be in writing, shall be effective when received, and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below, or to such addresses which may be specified in writing to the parties hereto.

Darin Gale
Interim City Manager
150 City Park Way
Brentwood, CA 94513
Timothy Haile
Executive Director
Contra Costa Transportation Authority
2999 Oak Road, Suite 100
Walnut Creek, CA 94597

6. Additional Acts and Documents: Each Party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of this Agreement.

7. Integration: This Agreement represents the entire Agreement of the Parties with respect to the subject matter hereof. No representations, warranties, inducements or oral agreements have been made by any of the Parties except as expressly set forth herein, or in other contemporaneous written agreements.

8. Amendment: This Agreement may not be changed, modified or rescinded except in writing, signed by all Parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect.

9. Independent Agency: AUTHORITY renders its services under this Agreement as an independent agency. None of the AUTHORITY’s agents or employees shall be agents or employees of the CITY.

10. Assignment: This Agreement may not be assigned, transferred, hypothecated, or pledged by any Party without the express written consent of the other Party.

11. Binding on Successors, etc.: This Agreement shall be binding upon the successor(s), assignee(s) or transferee(s) of the AUTHORITY or CITY as the case may be. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other than as provided above.

12. Severability: Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either Party to enter into or carry out, such determination shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect;

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provided that, the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the Parties.

13. Limitation: All obligations of AUTHORITY under the terms of this Agreement are expressly subject to the AUTHORITY's continued authorization to collect and expend the sales tax proceeds provided by MEASURE C and MEASURE J. If for any reason the AUTHORITY's right to collect or expend such sales tax proceeds is terminated or suspended in whole or part, the AUTHORITY shall promptly notify CITY, and the PARTIES shall consult on a course of action to determine how to accomplish the PROJECT or if this Agreement should be terminated. If, after sixty (60) working days of the termination or suspension of sales tax proceeds authority, a course of action is not agreed upon by the PARTIES, this Agreement shall be deemed terminated by mutual or joint consent; provided, that any obligation to fund from the date of the notice shall be expressly limited by and subject to (i) the lawful ability of the AUTHORITY to expend sales tax proceeds for the purposes of the Agreement; and (ii) the availability, taking into consideration all the obligations of the AUTHORITY under all outstanding contracts, agreements to other obligations of the AUTHORITY, of funds for such purposes.

14. No Third Party Beneficiaries: This Agreement is not for the benefit of any person or entity other than the Parties.

15. Dispute Resolution: The Parties shall work together in the spirit of good faith and cooperation to successfully implement this Agreement. Should a substantive disagreement arise between the Parties, the disagreement shall immediately be raised between the Parties. Prior to initiating any legal action, the Parties agree to meet in good faith to attempt to resolve any dispute, including but limited to meetings between executive management and participating in mediation.

The Parties shall jointly select and engage the effort of a mediator to help resolve the dispute. The Parties shall equally share the costs of the mediator. If the issue is still unresolved, either Party may bring a legal action seeking resolution of the disagreement. However, any and all legal actions may only be brought if the preceding dispute resolution process has been satisfied.

16. Venue: This Agreement and all work performed thereunder shall be interpreted under and pursuant to the laws of the State of California. The Parties agree that the jurisdiction and venue of any dispute arising under this Agreement shall be the Superior Court of Contra Costa County.

17. Counterparts: This Agreement may be executed in any number of original counterpart signature pages, and each counterpart signature page shall be attached to and incorporated into this original Agreement.

Signatures on the following page.

FUNDING AGREEMENT No. 635
Countywide Smart Signals Design and Construction Phases

29222494.1/060323.0001

CONTRA COSTA TRANSPORTATION

AUTHORITY
By:

Aaron Meadows, Chair

CITY OF BRENTWOOD
By:

Darin Gale, Interim City Manager
ATTEST:

By: By:

Amanda McVey, City Clerk Tarienne Grover, Clerk of the Board APPROVED as to form:

By: By:

Katherine Wisinski, City Attorney Amara Morrison, Fennemore LLP, Authority Counsel

FUNDING AGREEMENT No. 635
Exhibit A City of Brentwood

29222494.1/060323.0001
FUNDING AGREEMENT No. 635
between
The Contra Costa Transportation Authority
and
The City of Brentwood

EXHIBIT A

DESCRIPTION OF THE PROJECT

BACKGROUND
The Smart Signals project in Contra Costa County is a CCTA led countywide project to upgrade traffic signal system and communication systems throughout its 19 cities and unincorporated communities.

Contra Costa County is home to 19 cities/towns and the County, which includes numerous unincorporated communities. There are approximately 1400 traffic signals within the County, Caltrans-owned and various city-owned. Most of these traffic signals are located either along major arterials, including State Routes, identified as Routes of Regional Significance (RSS) or other major and minor arterials in the cities/towns.

The project will develop, manage, and implement Intelligent Transportation System (ITS) initiatives such as upgrading the existing legacy systems, providing interconnectivity throughout Contra Costa County signal systems and enhance the sharing of real-time information between agencies and the public.

The existing traffic signal systems in most jurisdictions located within Contra Costa County are legacy systems and are outdated or antiquated compared to newer traffic signal systems. These signal systems currently lack the communication infrastructure such as fiber and cellular/wireless-based communication, which makes it difficult to implement traffic signal synchronization and coordination between traffic signals along an arterial. Most corridors do not currently include Signal Control and Prioritization (SCP) technologies to promote transit usage to reduce delay and travel times for transit vehicles and reduce response time for emergency vehicles.

These deficiencies result in severe traffic congestion within the cities/towns and may result in spillover onto freeways and cause a chain reaction of congestion along local arterials. The current system contributes to overall commuter travel times and delays, increases greenhouse gas emissions and fuel consumption, as well as incidents and collisions. These deficiencies were documented following extensive discussions with the cities and towns regarding traffic signal operation within the Contra Costa County.

CCTA and the project Stakeholders have initially identified these deficiencies, which are translated as the following project goals: 1) Improve safety and minimize crashes, injuries, and fatalities between motorists, bicyclists, and pedestrians; 2) Optimize mobility along major corridors and RRS; and 3) Advance to Smart City and Internet of Things (IOT) solutions.

FUNDING AGREEMENT No. 635
Exhibit A City of Brentwood

29222494.1/060323.0001

PROJECT ELEMENTS
The Smart Signals project will develop, manage, and implement ITS initiatives that improve the safety and efficiency of multimodal mobility, maximize highway and arterial system throughput, and improve operational efficiency, safety, and reduce environmental impact throughout the county. By upgrading the existing legacy systems and providing interconnectivity throughout Contra Costa County signal systems, the county’s traffic signal systems can be prepared for future emerging technologies including connected and/or autonomous vehicles, big data, integrated corridor management (ICM), enable implementation of incident management strategies and Smart Cities initiatives. This solution can enhance the sharing of real-time information between agencies and the public using existing and next generation ITS technologies.

The upgraded traffic signal systems and signal interconnect will help smooth traffic flow and ease recurring traffic congestion by expanding mode choice options and reducing travel time on local streets and roads. Upgraded traffic signals will benefit pedestrians and transit commuters by reducing wait times at intersections, improving total travel time for all modes while making transit and pedestrian more viable transportation options. The Smart Signal systems would also improve the safety of pedestrians, bicyclists, vulnerable road users, and people with disabilities by deployment of detection systems.

To accomplish these goals, CCTA is applying a Smart Signal approach that will include the implementation of ITS equipment including upgraded traffic signal controllers and cabinets, upgraded Advanced Traffic Management System (ATMS) for each agency to provide remote command and control from a centralized Traffic Management Center (TMC) or Traffic Operations Center (TOC) location, Closed-circuit Television (CCTV) cameras, SCP for transit and emergency vehicles, and vehicle detection systems deployed on predefined designated arterials and state routes.

These improvements will provide local cities and Caltrans day-to-day county-wide traffic management capabilities in addressing recurrent traffic congestion as well as provide CCTA capabilities for managing the system during non-recurring traffic congestion caused by diverted traffic due to major incidents on the freeway or during any evacuation efforts.

The PROJECT’s key features and benefits include but are not limited to some of the following:
• Providing infrastructure for a countywide traffic management system • Upgrading local signal controllers and signal system hardware, software, and firmware • Deploying bicycle and pedestrian detection software for vulnerable road user protection • Providing SCP, including Transit Signal Priority (TSP) and Emergency Vehicle Preemption (EVP) capabilities
• Enabling local event management signal timing options • Taking a proactive approach to safety by identifying “near miss” situations for analysis • Enabling cities and CCTA to proactively manage day-to-day traffic • Enabling cities to proactively manage traffic on local streets that has diverted off the freeway due to a major freeway incident
• Identifying alternative routes with timing optimized for incident management • Allowing shared control and operation, improving cross jurisdictional traffic management • Allowing cities/CCTA access to monitor all CCTV cameras and traffic signals for the purpose of optimizing day-to-day operations

FUNDING AGREEMENT No. 635
Exhibit A City of Brentwood

29222494.1/060323.0001
Deployment of the Smart Signals Project is expected to result in operational and safety improvements for all modes of transportation, such as:
• Decrease in travel time,
• Decrease in total delay,
• Reduction in number of stops
• Reduction in secondary accidents
• Decrease in fuel consumption and greenhouse gas emissions • Promotion of transit ridership
• Reduction of response time for emergency vehicles
When operating together, these enhancements increase safety and reliability, and support environmental sustainability, economic development, and equitable access for all travelers.

CITY OF BRENTWOOD ELEMENTS
The signals located at the following intersections are included in the Project and are proposed to receive Smart Signal upgrades. (See Table 1 below)
Table 1: CITY OF BRENTWOOD PROJECT INTERSECTIONS

LIST OF INTERSECTIONS
Signal No. Primary Street Secondary Street
1 Brentwood Blvd Balfour Rd
2 Brentwood Blvd Garin Comm Center
3 Brentwood Blvd Oak St
4 Brentwood Blvd 2nd St
5 Brentwood Blvd Central Blvd-Sycamore Rd
6 Brentwood Blvd Nancy St
7 Brentwood Blvd Technology Way
8 Brentwood Blvd Sand Creek Rd
9 Brentwood Blvd Applewood Common
10 Brentwood Blvd Sunset Rd
11 Brentwood Blvd Lone Tree Wy
12 Lone Tree Way Anderson Ln
13 Lone Tree Way O'Hara Ave
14 Lone Tree Way Gann St
15 Lone Tree Way Fairview Ave

FUNDING AGREEMENT No. 635
Exhibit A City of Brentwood

29222494.1/060323.0001
The recommended upgrades for signals located in Brentwood include:
• Signal controller and firmware updates
• Video/Radar detection
• Cellular communication between the signals
• Pan-Tilt-Zoom (PTZ) cameras
• An Advanced Traffic Management System (ATMS)
• Traffic signal synchronization
• Emergency Vehicle Preemption (EVP)
• Transit Signal Priority (TSP), and
• Video Analytics.

Based on preliminary estimates, the upgraded equipment, including cost of construction, is shown below. The City is responsible to provide the minimum 11.47% match. • Total Number of Signals – 15
• Total funding – $1,991,603
• Local match required – $228,393 (11.47%)

Authority Board STAFF REPORT
Meeting Date: June 21, 2023
Subject NEW ITEM: Authorization to Execute Funding Agreements with Contra Costa County Jurisdictions and Contra Costa County to Provide Authority Local Match for the Contra Costa
Countywide Smart Signals Project (Project)
Summary of Issues The Authority, as the lead agency for the Project, applied for and was awarded One Bay Area Grant Cycle 3 (OBAG 3)
funding in the amount of $26,555,000 for the design and construction phases of the Project. This federal grant requires a minimum 11.47% local match, which will be provided by the 20 jurisdictions.

Recommendations Staff seeks authorization for the Chair to execute 20 individual funding agreements with each of the 19 jurisdictions and Contra Costa County, in the aggregated total amount of
$3,529,142, to be provided as the 11.47% local match to the $26,555,000 in One Bay Area Grant Cycle 3 funding, to be applied towards the Project, and to allow the Executive Director or designee to make any non-substantive changes to the language of the individual funding agreements as needed.

Staff Contact John Hoang
Financial Implications OBAG 3: $26,555,000; Local Match from Jurisdictions:
$3,529,142; Additional Authority Match: $690,280; Total Project Cost: $30,774,422
Options The Authority Board could elect to not approve these Funding Agreements.

Attachments A. Local Match Breakdown by Jurisdiction

Authority Board STAFF REPORT
June 21, 2023

B. Draft Funding Agreement
Changes from Committee N/A
Background
The Authority is the lead agency and project sponsor for the Project, working with and coordinating with the 19 cities/towns and unincorporated Contra Costa County, referred to as the 20 Jurisdictions. The Project addresses safety, operational improvements, and traffic management enhancements, which will upgrade existing traffic signal systems, including controllers and communication systems, to provide interconnectivity throughout Contra Costa County. The existing traffic signal systems in Contra Costa County are mostly legacy systems and are outdated. The Project will upgrade the signal system countywide, upgrading traffic signals at approximately 328 intersections throughout Contra Costa County and will provide capabilities to enhance the sharing of real-time information and data between agencies. Having a unified signal system and other technologies will provide the ability to implement video analytics, transit priority lanes, improve bicycle signals/phases, and signal control prioritization technologies to promote transit use by reducing delay and travel times for transit vehicles.

At the May 17, 2023 Authority Board meeting, the Authority Board received an update of the Project. The Project is currently in the planning stages followed by the project development phase and design phase in 2024 with construction beginning in late 2025.

The Authority applied for and received $26,555,000 in OBAG 3 federal funds for the Project design and construction phases. In addition, the local minimum 11.47% match to the federal funds, totaling $3,529,142, will be provided by the 20 jurisdictions. The breakdown of the local match by jurisdiction is included in Attachment A and a Draft Agreement is included in Attachment B. The Authority is also asking that the jurisdictions provide the local match during the Fiscal Year 2023-24. In addition to the OBAG 3 grant and local match from the jurisdictions, the Authority is also contributing the amount of $690,280 for a total amount of $30,774,422, which is programmed and available to design and construct the Project.

Staff seeks authorization for the Chair to execute 20 individual funding agreements with each of the 19 jurisdictions and Contra Costa County, in the aggregated total amount of $3,529,142, to be provided as the 11.47% local match to the $26,555,000 in One Bay Area Grant Cycle 3 funding, to be applied towards the Project, and to allow the Executive

Authority Board STAFF REPORT
June 21, 2023

Director or designee to make any non-substantive changes to the language of the individual funding agreements as needed.

CONTRA COSTA COUNTYWIDE SMART SIGNALS PROJECT
LOCAL MATCH TO ONE BAY AREA GRANT CYCLE 3 (OBAG 3) GRANT

FOR DESIGN AND CONSTRUCTION
Jurisdiction
(11.47%) Measure J
Antioch $ 334,175 $ 65,363 $ 2,514,497 $ 2,914,035
Brentwood $ 228,393 $ 44,672 $ 1,718,538 $ 1,991,603
Clayton $ 55,804 $ 10,915 $ 419,898 $ 486,618
Concord $ 499,173 $ 97,635 $ 3,756,021 $ 4,352,829
County $ 285,535 $ 55,849 $ 2,148,503 $ 2,489,886
Danville $ 119,972 $ 23,466 $ 902,725 $ 1,046,162
El Cerrito $ 100,792 $ 19,714 $ 758,409 $ 878,915
Hercules $ 65,091 $ 12,731 $ 489,775 $ 567,597
Lafayette $ 149,747 $ 29,290 $ 1,126,767 $ 1,305,803
Martinez $ 73,362 $ 14,349 $ 552,011 $ 639,722
Moraga $ 71,390 $ 13,964 $ 537,175 $ 622,528
Oakley $ 169,234 $ 33,101 $ 1,273,396 $ 1,475,731
Orinda $ 87,063 $ 17,029 $ 655,101 $ 759,193
Pinole $ 154,302 $ 30,181 $ 1,161,045 $ 1,345,527
Pittsburg $ 152,834 $ 29,893 $ 1,149,997 $ 1,332,725
Pleasant Hill $ 152,780 $ 29,883 $ 1,149,595 $ 1,332,258 Richmond $ 182,336 $ 35,664 $ 1,371,985 $ 1,589,985
San Pablo $ 217,877 $ 42,615 $ 1,639,411 $ 1,899,903
San Ramon $ 248,126 $ 48,532 $ 1,867,025 $ 2,163,684
Walnut Creek $ 181,159 $ 35,434 $ 1,363,126 $ 1,579,719 TOTAL $ 3,529,142 $ 690,280 $ 26,555,000 $ 30,774,422
Total
OBAG 3
(88.53%)
Jurisdiction
Local Match

ATTACHMENT A

FUNDING AGREEMENT No. XX
Countywide Smart Signals Design and Construction Phases

FUNDING AGREEMENT NO. XX

BETWEEN

THE CONTRA COSTA TRANSPORTATION AUTHORITY
AND

AGENCY NAME HERE

FOR COST SHARING COMMITMENTS TO DESIGN AND CONSTRUCT THE

COUNTYWIDE SMART SIGNALS PROJECT
This Agreement is made and entered into on ______________, 2023 by the AGENCY NAME hereinafter referred to as ("CITY/TOWN/ OR COUNTY") and the CONTRA COSTA TRANSPORTATION AUTHORITY hereinafter referred to as ("AUTHORITY").

CITY/TOWN/ OR COUNTY and AUTHORITY are collectively referred to herein as the “Parties” and each individually as a “Party.”

RECITALS

1. AUTHORITY is the project sponsor and designated lead agency for implementing the Countywide Smart Signals Project within Contra Costa County, hereinafter referred to as “PROJECT”, which is a program to install signal system and intelligent transportation system (ITS) equipment upgrades to key identified intersections within Contra Costa County cities with the objective to coordinate and synchronize the timing of the signals.

2. AUTHORITY is the recipient of the Metropolitan Transportation Commission’s (MTC’s) One Bay Area Cycle 3 (OBAG 3) funds for design, construction, and deployment of the PROJECT.

3. CITY/TOWN/ OR COUNTY and AUTHORITY have identified 18 intersections to recommend for signal system and intelligent transportation system (ITS) equipment upgrades for inclusion in the PROJECT estimated at $XXXX (See Exhibit A)

4. CITY/TOWN/ OR COUNTY agrees to provide AUTHORITY with the minimum 11.47% local matching funds to the OBAG 3 funds in the amount of $XXXX in Fiscal Year 2023-24 to pay for the design and installation of upgraded equipment located within CITY/TOWN/ OR COUNTY right-of-way and cost of construction as part of the PROJECT.

5. CITY/TOWN/ OR COUNTY and AUTHORITY agree that the final matching funds requirements may be adjusted accordingly based on the final actual design and construction costs incurred and will be reconciled at the completion of the PROJECT.

NOW, THEREFORE, in consideration of the foregoing, the AUTHORITY and CITY/TOWN/ OR COUNTY do hereby agree as follows:

SECTION I
CITY/TOWN/ OR COUNTY AGREES:

ATTACHMENT B

FUNDING AGREEMENT No. XX
Countywide Smart Signals Design and Construction Phases

1. To provide AUTHORITY matching funds for upgrading equipment and construction cost for the City’s/Town’s or County’s portion of the PROJECT in an amount of $XXXX, which represents 11.47% of the OBAG3 funds of $XXXX, no later than 30 days from receiving an invoice from AUTHORITY.

2. To work collaboratively with AUTHORITY to implement the PROJECT.

SECTION II
AUTHORITY AGREES:

1. To lead the development process including planning, design, construction, and deployment of the PROJECT, as described in Exhibit A and the Operations and Maintenance Agreement to be negotiated by the CITY/TOWN/ OR COUNTY and AUTHORITY following execution of this Agreement.

2. To submit an invoice to CITY/TOWN/ OR COUNTY for an amount of $XXXX prior to December 31, 2023.

3. To work collaboratively with CITY/TOWN/ OR COUNTY to implement the PROJECT.

SECTION III
IT IS MUTUALLY AGREED:

1. (a) That the cost to complete PROJECT is only an estimate and may require adjustments depending on the final cost. At the completion of the PROJECT, and if AUTHORITY determines that the match amount provided by CITY/TOWN/ OR COUNTY is exceeded, it will notify and seek approval of CITY/TOWN/ OR COUNTY to provide additional matching funds. Completion of the Project is defined as when AUTHORITY accepts and certifies that all phases of the PROJECT construction–including but not limited to installation, deployment, and activation of equipment–are completed.
(b) If AUTHORITY determines that the match amount provided by CITY/TOWN/ OR COUNTY exceeded the amount needed to complete the PROJECT then AUTHORITY will refund CITY/TOWN/ OR COUNTY the balance of the original match amount provided by CITY/TOWN/ OR COUNTY and indicated in paragraph 1 of Section I.

2. Term: This Agreement will remain in effect through December 31, 2028, or at the completion of the PROJECT, whichever occurs first, or until discharged as provided in Paragraph 3 below or as a result of paragraph 12 below.

3. Discharge: This Agreement shall be subject to discharge as follows:
a. Either Party may terminate this Agreement at any time until construction of the

FUNDING AGREEMENT No. XX
Countywide Smart Signals Design and Construction Phases

PROJECT begins, other than for breach. Either Party may terminate by giving written notice of termination to the other Party which shall specify both the cause and the effective date of termination.

Notice of termination under this provision shall be given at least ninety (90) days before the effective date of such termination. Once construction of the PROJECT begins, neither party may terminate this Agreement unless there is a breach as addressed in paragraph 3(b) below. b. This Agreement may be canceled by a Party for breach of any obligation, covenant, or condition hereof by the other Party, upon notice to the breaching Party. With respect to any breach which is reasonably capable of being cured, the breaching Party shall have 30 days from the date of the notice to initiate steps to cure. If the breaching party diligently pursues cure, such party shall be allowed a reasonable time to cure, not to exceed sixty (60) days from the date of the initial notice, unless a further extension is granted by the non-breaching Party. On cancellation, the non-breaching party retains the same rights as a Party exercising its right to terminate under the provisions of paragraph 3(a), except that the canceling Party also retains any remedy for breach of the whole contract or any unperformed balance.
c. By mutual consent of both PARTIES, this Agreement may be terminated at any time. d. In the event of termination, AUTHORITY shall reimburse CITY/TOWN/ OR COUNTY if AUTHORITY deems necessary, for overpayment by CITY/TOWN/ OR COUNTY based on the difference between actual cost share and estimated cost share, which such difference shall be determined in AUTHORITY’s sole discretion. In no event shall the maximum expenditure allowed under this Agreement, as it may be adjusted by a written amendment signed by both parties, be exceeded.

4. Indemnity: It is mutually understood and agreed, relative to the reciprocal indemnification of AUTHORITY and CITY/TOWN/ OR COUNTY:
a. That neither AUTHORITY, nor any officer or employee thereof, shall be responsible for, and CITY/TOWN/ OR COUNTY shall fully indemnify and hold harmless AUTHORITY against, any damage or liability occurring by reason of anything done or omitted to be done by TOWN under or in connection with any work, authority or jurisdiction by CITY/TOWN/ OR COUNTY under the Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, CITY/TOWN/ OR COUNTY shall fully indemnify and hold the AUTHORITY harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by CITY/TOWN/ OR COUNTY under this Agreement or in connection with any work, authority, or jurisdiction delegated to TOWN under this Agreement.
b. That neither CITY/TOWN/ OR COUNTY, nor any officer or employee thereof, shall be responsible for, and AUTHORITY shall fully indemnify and hold harmless CITY/TOWN/ OR COUNTY against any damage or liability occurring by reason of anything done or omitted to be done by AUTHORITY under or in connection with any work, authority, or jurisdiction by AUTHORITY under the Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, AUTHORITY shall fully indemnify and hold the CITY/TOWN/ OR COUNTY harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by AUTHORITY under this

FUNDING AGREEMENT No. XX
Countywide Smart Signals Design and Construction Phases

Agreement or in connection with any work, authority, or jurisdiction delegated to AUTHORITY under this Agreement.

5. Notices: Any notice which may be required under this Agreement shall be in writing, shall be effective when received, and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below, or to such addresses which may be specified in writing to the parties hereto.

NAME
TITLE

STREET ADDRESS

CITY, STATE ZIP
Timothy Haile
Executive Director
Contra Costa Transportation Authority
2999 Oak Road, Suite 100
Walnut Creek, CA 94597

6. Additional Acts and Documents: Each Party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of this Agreement.

7. Integration: This Agreement represents the entire Agreement of the Parties with respect to the subject matter hereof. No representations, warranties, inducements or oral agreements have been made by any of the Parties except as expressly set forth herein, or in other contemporaneous written agreements.

8. Amendment: This Agreement may not be changed, modified or rescinded except in writing, signed by all Parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect.

9. Independent Agency: AUTHORITY renders its services under this Agreement as an independent agency. None of the AUTHORITY’s agents or employees shall be agents or employees of the TOWN.

10. Assignment: This Agreement may not be assigned, transferred, hypothecated, or pledged by any Party without the express written consent of the other Party.

11. Binding on Successors, etc.: This Agreement shall be binding upon the successor(s), assignee(s) or transferee(s) of the AUTHORITY or CITY/TOWN/ OR COUNTY as the case may be. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other than as provided above.

12. Severability: Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either Party to enter into or carry out, such determination shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect;

FUNDING AGREEMENT No. XX
Countywide Smart Signals Design and Construction Phases

provided that, the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the Parties.

13. Limitation: All obligations of AUTHORITY under the terms of this Agreement are expressly subject to the AUTHORITY's continued authorization to collect and expend the sales tax proceeds provided by MEASURE C and MEASURE J. If for any reason the AUTHORITY's right to collect or expend such sales tax proceeds is terminated or suspended in whole or part, the AUTHORITY shall promptly notify CITY/TOWN/ OR COUNTY, and the PARTIES shall consult on a course of action to determine how to accomplish the PROJECT or if this Agreement should be terminated. If, after sixty (60) working days of the termination or suspension of sales tax proceeds authority, a course of action is not agreed upon by the PARTIES, this Agreement shall be deemed terminated by mutual or joint consent; provided, that any obligation to fund from the date of the notice shall be expressly limited by and subject to (i) the lawful ability of the AUTHORITY to expend sales tax proceeds for the purposes of the Agreement; and (ii) the availability, taking into consideration all the obligations of the AUTHORITY under all outstanding contracts, agreements to other obligations of the AUTHORITY, of funds for such purposes.

14. No Third Party Beneficiaries: This Agreement is not for the benefit of any person or entity other than the parties.

15. Dispute Resolution: The Parties shall work together in the spirit of good faith and cooperation to successfully implement this Agreement. Should a substantive disagreement arise between the Parties, the disagreement shall immediately be raised between the Parties. Prior to initiating any legal action, the Parties agree to meet in good faith to attempt to resolve any dispute, including but limited to meetings between executive management and participating in mediation.

The Parties shall jointly select and engage the effort of a mediator to help resolve the dispute. The Parties shall equally share the costs of the mediator. If the issue is still unresolved, either Party may bring a legal action seeking resolution of the disagreement. However, any and all legal actions may only be brought if the preceding dispute resolution process has been satisfied.

16. Venue: This Agreement and all work performed thereunder shall be interpreted under and pursuant to the laws of the State of California. The Parties agree that the jurisdiction and venue of any dispute arising under this Agreement shall be the Superior Court of Contra Costa County.

17. Counterparts: This Agreement may be executed in any number of original counterpart signature pages, and each counterpart signature page shall be attached to and incorporated into this original Agreement.

Signatures on the following page.

FUNDING AGREEMENT No. XX
Countywide Smart Signals Design and Construction Phases

CONTRA COSTA TRANSPORTATION

NAME OFAGENCY AUTHORITY
By: By:

NAME, TITLE Federal Glover, Chair
ATTEST:

By: By:

NAME, TITLE Tarienne Grover, Clerk of the Board
APPROVED as to form:

By: By:

NAME, TITLE Fennemore Wendel, Authority Counsel

Exhibit A Page 1 of 4
FUNDING AGREEMENT NO. XX
between
The Contra Costa Transportation Authority
and
Agency Name

EXHIBIT A

DESCRIPTION OF THE PROJECT

BACKGROUND
The Smart Signals project in Contra Costa County is a CCTA led countywide project to upgrade traffic signal system and communication systems throughout its 19 cities and unincorporated communities.

Contra Costa County is home to 19 cities/towns and the County, which includes numerous unincorporated communities. There are approximately 1400 traffic signals within the County, Caltrans-owned and various City/Town-owned. Most of these traffic signals are located either along major arterials, including State Routes, identified as Routes of Regional Significance (RSS) or other major and minor arterials in the cities/towns.

The project will develop, manage, and implement Intelligent Transportation System (ITS) initiatives such as upgrading the existing legacy systems, providing interconnectivity throughout Contra Costa County signal systems and enhance the sharing of real-time information between agencies and the public.

The existing traffic signal systems in most jurisdictions located within Contra Costa County are legacy systems and are outdated or antiquated compared to newer traffic signal systems. These signal systems currently lack the communication infrastructure such as fiber and cellular/wireless-based communication, which makes it difficult to implement traffic signal synchronization and coordination between traffic signals along an arterial. Most corridors do not currently include Signal Control and Prioritization (SCP) technologies to promote transit usage to reduce delay and travel times for transit vehicles and reduce response time for emergency vehicles.

These deficiencies result in severe traffic congestion within the cities/towns and may result in spillover onto freeways and cause a chain reaction of congestion along local arterials. The current system contributes to overall commuter travel times and delays, increases greenhouse gas emissions and fuel consumption, as well as incidents and collisions. These deficiencies were documented following extensive discussions with the cities and towns regarding traffic signal operation within the Contra Costa County.

CCTA and the project Stakeholders have initially identified these deficiencies, which are translated as the following project goals: 1) Improve safety and minimize crashes, injuries, and fatalities between motorists, bicyclists, and pedestrians; 2) Optimize mobility along major corridors and RRS; and 3) Advance to Smart City and Internet of Things (IOT) solutions.

Exhibit A Page 2 of 4

PROJECT ELEMENTS
The Smart Signals project will develop, manage, and implement ITS initiatives that improve the safety and efficiency of multimodal mobility, maximize highway and arterial system throughput, and improve operational efficiency, safety, and reduce environmental impact throughout the county. By upgrading the existing legacy systems and providing interconnectivity throughout Contra Costa County signal systems, the county’s traffic signal systems can be prepared for future emerging technologies including connected and/or autonomous vehicles, big data, integrated corridor management (ICM), enable implementation of incident management strategies and Smart Cities initiatives. This solution can enhance the sharing of real-time information between agencies and the public using existing and next generation ITS technologies.

The upgraded traffic signal systems and signal interconnect will help smooth traffic flow and ease recurring traffic congestion by expanding mode choice options and reducing travel time on local streets and roads. Upgraded traffic signals will benefit pedestrians and transit commuters by reducing wait times at intersections, improving total travel time for all modes while making transit and pedestrian more viable transportation options. The Smart Signal systems would also improve the safety of pedestrians, bicyclists, vulnerable road users, and people with disabilities by deployment of detection systems.

To accomplish these goals, CCTA is applying a Smart Signal approach that will include the implementation of ITS equipment including upgraded traffic signal controllers and cabinets, upgraded Advanced Traffic Management System (ATMS) for each agency to provide remote command and control from a centralized Traffic Management Center (TMC) or Traffic Operations Center (TOC) location, Closed-circuit Television (CCTV) cameras, SCP for transit and emergency vehicles, and vehicle detection systems deployed on predefined designated arterials and state routes.

These improvements will provide local cities and Caltrans day-to-day county-wide traffic management capabilities in addressing recurrent traffic congestion as well as provide CCTA capabilities for managing the system during non-recurring traffic congestion caused by diverted traffic due to major incidents on the freeway or during any evacuation efforts.

The PROJECT’s key features and benefits include but are not limited to some of the following:
• Providing infrastructure for a countywide traffic management system • Upgrading local signal controllers and signal system hardware, software, and firmware • Deploying bicycle and pedestrian detection software for vulnerable road user protection • Providing SCP, including Transit Signal Priority (TSP) and Emergency Vehicle Preemption (EVP) capabilities
• Enabling local event management signal timing options • Taking a proactive approach to safety by identifying “near miss” situations for analysis • Enabling cities and CCTA to proactively manage day-to-day traffic • Enabling cities to proactively manage traffic on local streets that has diverted off the freeway due to a major freeway incident
• Identifying alternative routes with timing optimized for incident management • Allowing shared control and operation, improving cross jurisdictional traffic management

Exhibit A Page 3 of 4
• Allowing CITY/TOWN/ OR COUNTY/CCTA access to monitor all CCTV cameras and traffic signals for the purpose of optimizing day-to-day operations Deployment of the Smart Signals Project is expected to result in operational and safety improvements for all modes of transportation, such as:
• Decrease in travel time,
• Decrease in total delay,
• Reduction in number of stops
• Reduction in secondary accidents
• Decrease in fuel consumption and greenhouse gas emissions • Promotion of transit ridership
• Reduction of response time for emergency vehicles
When operating together, these enhancements increase safety and reliability, and support environmental sustainability, economic development, and equitable access for all travelers.

CITY/TOWN/ OR COUNTY ELEMENTS
The signals located at the following intersection are included in the Project and is proposed to receive Smart Signal upgrades. (See Table 1 below)
Table 1: AGENCY PROJECT Intersections

LIST OF INTERSECTIONS
Signal No. Primary Street Secondary Street
1 2
3 4
5 6
7 8
9 10
11 12
13 14
The recommended upgrades for signals located in AGENCY NAME include:
• xxxxx
• xxxxx
• xxxxx

Exhibit A Page 4 of 4
Based on preliminary estimates, the upgraded equipment, including cost of construction, is shown below. The CITY/TOWN/ OR COUNTY is responsible to provide the minimum 11.47% match. • Total Number of Signals – XX
• Total funding – $XX
• Local match required – $XX (11.47%)

1 City of Brentwood 2025/26 – 2029/30 Capital Improvement Program Project Title: Project #:

Countywide Smart Signals
Description/Justification:

The Contra Costa Transportation Authority (CCTA) is leading a Smart Signals Project to upgrade traffic signals at over 300 intersections throughout the 19 cities, towns, and unincorporated communities within Contra Costa County. This work is focused along major arterials that have been designated as “Routes of Regional Significance.” CCTA is a recipient of the Metropolitan Transportation Commission’s (MTC’s) One Bay Area Grant Cycle 3 (OBAG 3) funds for the design, construction, and deployment of the project. In the City of Brentwood, the project will upgrade traffic signals at 15 intersections along Brentwood Boulevard and Lone Tree Way, with an estimated cost of $1,991,603. The City is required to provide 11.47% in local matching funds, totaling $228,393. The remaining funds will be contributed through a combination of OBAG 3 ($1,718,538) and Measure J ($44,672) funds allocated by CCTA. The local match is currently an estimate. The final local match requirement maybe adjusted based on actual design and construction costs incurred, and will be reconciled at the completion of the project.

Project Status:

The project is currently in the design phase with construction anticipated in FY 2025/26.

Supplemental Information:

The Smart Signals project will develop, manage, and implement Intelligent Transportation System (ITS) initiatives that improve the safety and efficiency of multimodal mobility, maximize highway and arterial system throughput, and improve operational efficiency, safety, and reduce environmental impact throughout the county. By upgrading the existing legacy systems and providing interconnectivity throughout Contra Costa County signal systems, the county’s traffic signal systems can be prepared for future emerging technologies including connected and/or autonomous vehicles, big data, integrated corridor management (ICM), enable implementation of incident management strategies and Smart Cities initiatives. In the City of Brentwood, improvements planned may include upgraded Traffic Signal Controllers and Cabinets, Transit Signal Priority, Emergency Vehicle Pre-emption, and Traffic Signal Synchronization for 11 intersections along Brentwood Blvd. and 4 intersections along Lone Tree Way for a total of 15 intersections. Future O & M costs will consist of routine maintenance and minor repairs for the upgraded equipment.

PROJECT EXPENDITURES Prior 2025/26 2026/27 2027/28 2028/29 2029/30 TOTAL 90050 Construction 1,991,603 $ 1,991,603
TOTAL $ 1,991,603 $ 1,991,603
PROJECT FUNDING Prior 2025/26 2026/27 2027/28 2028/29 2029/30 TOTAL 47100 General Fund 228,393 $ 228,393
47xxx Federal/State/Agency 1,763,210 $ 1,763,210
TOTAL $ 1,991,603 $ 1,991,603

PROJECT FINANCING CURRENT PROPOSED
Project Category: Roadway Improvements
Location: 15 Signalized Intersections
Project Manager: A. Pillai
Project Priority: 2B- Agency Assisted
Est. Completion Date: 2028/29
Future Annual
O & M Impact: $10,000
Public Art
Requirement: Exempt
General Plan Policy: CR 1-1, 1-2, 1-4, 1-7, 1-8, 1-12

CITY COUNCIL AGENDA ITEM NO. H.6
08/26/2025
SUBJECT: Approve and Authorize Updates to the Management Incentive Pay section in the Compensation Summary for the City of Brentwood Unrepresented Executive and Senior Management Employees DEPARTMENT: Human Resources
STAFF: Teresa Fairbanks, Acting Director of Human Resources

TITLE/RECOMMENDATION
Adopt a Resolution Approving and Adopting updates to the Management Incentive Pay section of the Compensation Summary for the City of Brentwood Unrepresented Executive and Senior Management Employees.

CalPERS indicated that the proposed action will make the Management Incentive Pay compliant and reportable to CalPERS pursuant to the Public Employees’ Retirement Law (PERL), Government Code, California Code of Regulations (CCR), and CalPERS regulations for eligible CalPERS classic employees.

FISCAL IMPACT
There are no costs associated with this item. Unrepresented employee compensation costs were included in the mid-term budget update approved by the City Council on July 1, 2025.

BACKGROUND
On February 11, 2025, the City Council approved the Compensation Summary between the City of Brentwood and the City of Brentwood Unrepresented Executive and Senior Management Employees for the period of July 1, 2024 through June 30, 2027. Subsequently, on July 22, 2025, the City Council approved and authorized the City Manager to implement updates to the Compensation Summary, specifically revising the section on Management Incentive Pay. These revisions reflect the guidance received from CalPERS to ensure the Management Incentive Pay is both compliant and reportable for CalPERS classic members.

Following the City Council’s adoption of updates on July 22, 2025, the City submitted the revised Management Incentive Pay language to CalPERS. However, a separate

CITY COUNCIL AGENDA ITEM NO. H.6
08/26/2025
division within CalPERS later informed the City that the submitted language did not meet the eligibility criteria for reportable compensation.

In response, outside legal counsel, upon receiving the notice, worked directly with CalPERS to confirm that Management Incentive Pay would be reportable as special compensation for CalPERS classic members if outside legal counsel’s proposed clarification edits were adopted.

Staff recommends that the City Council approve and adopt the updated language for the Management Incentive Pay section in the Compensation Summary (Exhibit A).

This staff report and related attachments have been reviewed by the City Attorney and outside legal counsel who specializes in employment law.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
Staff does not recommend any alternative options to ensure that the City of Brentwood has correct governing documents in place for City of Brentwood Unrepresented Executive and Senior Management Employees.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Exhibit A – Compensation Summary for City of Brentwood Unrepresented Executive and Senior Management Employees

4. Exhibit A – Compensation Summary for City of Brentwood Unrepresented Executive and Senior Management Employees – Red Line

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 11, 2025, City Council approved Resolution 2025-16, approving and authorizing the City Manager to implement the Compensation Summary between the City of Brentwood and the Unrepresented Executive and Senior Management Employees for the period of July 1, 2024 through June 30, 2027.

On July 1, 2025, the City Council approved Resolution 2025-72, amending the FY 2024/25 and FY 2025/26 Operating Budgets.

On July 22, 2025, City Council approved Resolution 2025-86, approving and authorizing the City Manager to execute updates to the Compensation Summary between the City of Brentwood and the Unrepresented Executive and Senior Management Employees for the period of July 1, 2024 through June 30, 2027.

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING AND AUTHORIZING UPDATES TO

MANAGEMENT INCENTIVE PAY LANGUAGE OF THE

COMPENSATION SUMMARY FOR THE UNREPRESENTED

EXECUTIVE AND SENIOR MANAGEMENT EMPLOYEES
WHEREAS, on February 11, 2025, City Council approved 2025-16, approving the Compensation Summary between the City and the Unrepresented Executive and Senior Management Employees; and
WHEREAS, on July 1, 2025, the City Council approved Resolution Resolution No. 2025-72, amending the FY 2024/25 and FY 2025/26 Operating Budgets; and WHEREAS, on July 22, 2025, the City Council approved Resolution No. 2025- 86, approving and authorizing the City Manager to execute updates to the Compensation Summary, including the section on Management Incentive Pay, between the City and the Unrepresented Executive and Senior Management Employees; and
WHEREAS, CalPERS reviewed the updates that were made to the language governing Management Incentive Pay and provided notice that the Management Incentive Pay was not reportable as special compensation; and WHEREAS, outside legal counsel proposed clarifications to the Management Incentive Pay section and worked directly with CalPERS to confirm that once those language updates are approved and adopted by City Council, Management Incentive Pay will be reportable as special compensation for classic members and will be included in future determinations of compensation earnable by CalPERS subject to CalPERS regulations and the PERL.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and adopt the updates to Management Incentive Pay language of the Compensation Summary for the City of Brentwood Unrepresented Executive and Senior Management Employees (Exhibit A attached hereto and incorporated herein).

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 26
th day of August 2025 by the following
vote:

Compensation Summary
for
City of Brentwood Unrepresented
Executive and Senior Management Employees
Approved: February 11, 2025, July 22, 2025, and August 26, 2025 Resolution No. 2025-16, 2025-86, and 2025-
July 1, 2024 to June 30, 2027

2 Table of Contents
SECTION I Salaries ..............................................................................................4 SECTION II Other Pay ...........................................................................................4 SECTION III Holidays..............................................................................................6 SECTION IV Vacation .............................................................................................6 SECTION V Longevity Incentive Plan.....................................................................7 SECTION VI Personal Time Off & Comp Payout ....................................................8 SECTION VII Sick Leave..........................................................................................8 SECTION VIII Health Insurance ................................................................................8 SECTION IX Dental Insurance ..............................................................................11 SECTION X Vision Insurance...............................................................................11 SECTION XI Flexible Benefit Plan.........................................................................12 SECTION XII Life Insurance...................................................................................12 SECTION XIII Disability Insurance ..........................................................................12 SECTION XIV Retirement Plan................................................................................12 SECTION XV Deferred Compensation and Retiree Health Savings Account.........14 SECTION XVI Severance Pay .................................................................................15 SECTION XVIISeverability of Provisions .................................................................15

3 COMPENSATION SUMMARY FOR

CITY OF BRENTWOOD EXECUTIVE AND SENIOR MANAGEMENT EMPLOYEES The City Council of the City of Brentwood hereby establishes the following salary, benefits and other provisions related to the employment of the City's Executive Management and Senior Management employees during the period of July 1, 2024 through June 30, 2027.

Employees designated as executive management and senior management are “at will” and serve at the pleasure of the City Manager or City Attorney as appropriate. This document does not supersede the Public Safety Officers Procedural Bill of Rights Act (“POBR”), Government Code Sections 3300-3313 for employees covered by the POBR.

The City agrees that there shall be no discrimination of any kind due to race, creed, color, religion, age, national origin, medical condition, pregnancy, marital status, disability, sex, sexual orientation, gender identity, gender expression, political affiliation, or any other classification or category protected by law, against any employee or applicant for employment.

4 SECTION I Salaries
Effective July 1, 2024 through June 30, 2027, salary ranges for employees in the executive and senior management classifications as set forth in Attachment “A” which is attached hereto and made a part hereof. Salary increases will be granted as follows:

Effective July 1, 2024, all ranges shall be increased by four percent (4.0%).

Effective July 1, 2025, all ranges shall be increased by three percent (3.0%).

Effective July 1, 2026, all ranges shall be increased by three percent (3.0%).

Effective July 1, 2024 employees in classifications listed in the table below will receive the following one-time equity adjustments:

Classification Title Equity
Assistant City Attorney 0.19%
Assistant City Manager 6.63%
City Treasurer/Director of Finance and Information Systems 1.50% Deputy City Attorney 7.66%
Director of Community Development 4.41%
Director of Engineering/City Engineer 4.41%
Director of Human Resources/Risk Manager 4.41%
Director of Parks & Recreation 4.41%
Director of Public Works 1.50%
Police Captain 4.63%
Police Chief 4.35%
Effective July 1, 2024, the City shall provide a one-time payment of $2,000 to unrepresented executive and senior management employees who are: 1) actively employed by the City on the date of adoption in 2025; and, 2) actively employed by the City on the date of payment in 2025. Said one-time payment to be paid to eligible employees no later than the second full pay period after adoption. The one-time payment is non-pensionable and subject to all applicable withholding.

SECTION II Other Pay
A. Bilingual Premium Pay
The City shall pay $25 per semi-monthly pay period, to individuals that are fluent in a foreign language or American Sign Language (ASL) who are routinely and consistently assigned to positions requiring communication skills in languages other than English. The determination of the need of the community for employees fluent in a language shall be determined by the City Manager or designee. The determination of the employee's fluency shall be by a mutually agreed upon procedure. The Parties agree that to the extent permitted by law, bilingual premium pay shall be reported as special compensation pursuant to CalPERS regulations and the Public Employees’ Retirement Law (PERL).

5 B. Management Incentive Pay
Management Incentive Pay is provided to Department Directors in recognition of their significant workloads and the unique nature of their work, including their responsibility to coordinate department functions, services, and responses to growth and maintenance efforts for the City of Brentwood during normal work hours. These efforts must be responsive to the maintenance and improvement to the quality of life for current and future residents as well as that of future and current employees of the City.

Management Incentive Pay is in the amount of 5.5 hours bi-monthly, calculated based on the employee’s base hourly payrate. The dollar value of the 5.5 hours shall be paid bi-monthly and to the extent permitted by law, Management Incentive Pay shall be reported as special compensation pursuant to CalPERS regulations and the PERL.

C. Educational Incentive (Sworn)
The Police Chief and Police Captains are eligible to receive the following educational incentive pay:

Possession of a BS/BA Degree or P.O.S.T. Advanced Certificate shall receive an increase to base salary of five percent (5%); or
Possession of a Master’s Degree shall receive an increase to base salary of seven and one-half percent (7.5%)
The educational incentive pay shall be paid on a monthly basis. Qualifying courses and special instruction are to be pursued during the employee's off-duty time. As the approved training will be outside the area of assignment, no employee shall be allowed to attend the training while on duty. This will not restrict any employee to apply for time off, for arranging to trade shifts with another employee, or having another employee work his/her shift in order to attend classes. The time off and trading of shifts shall be pre-approved by the Police Chief or City Manager. Employees shall not be permitted to use City vehicles to attend courses to qualify for the educational supplement.

Only educational degrees from accredited institutions of higher learning qualify for the educational incentive program.

The Parties agree that to the extent permitted by law, educational incentive shall be reported as special compensation pursuant to CalPERS regulations and the PERL.

D. Uniform Allowance (Sworn)
The Police Chief and Police Captain(s) shall receive a total annual uniform allowance based on the fiscal year, July 1, in the amount of $1,500. The uniform allowance shall be paid through payroll on a pro rata basis each pay period (less applicable taxes). The total annual fiscal year uniform allowance will be pro-rated for new hires.

6 The Parties agree that to the extent permitted by law, uniform allowance shall be reported as special compensation pursuant to CalPERS regulations and the PERL.

E. Professional Dues
Effective January 1, 2025, employees who participate in professional associations, organizations, and continuing educational programs for directly related professional growth, and the direct benefit of the City may seek payments for membership dues, and professional certifications as approved by the City Manager. Such payments will not exceed $2,000 per fiscal year.

SECTION III Holidays
As provided in the Personnel Rules and Regulations, Rule 10, full-time and part-time employees receive holiday pay. In order for an employee to receive compensation for a holiday, the employee must be in a pay status (working, vacation, sick leave, worker’s compensation, scheduled day off) the day prior to and the day following the holiday. Police Captains will be compensated for their entire regularly assigned shift, up to ten (10) hours of holiday pay.

Holidays will be observed by the City as follows:
1) January 1 (New Year’s Day) 8) Veteran’s Day (Observed) 2) Martin Luther King Jr.’s Birthday 9) Thanksgiving Day (Observed) 10) The Friday following Thanksgiving Day
3) Washington’s Birthday (Observed) 11) December 24
4) Memorial Day 12) December 25
5) June 19, (Juneteenth) 13) December 31
6) July 4, Independence Day 14) Two Floating Holidays (Personal Days) 7) Labor Day based upon Employment on January 1st
For Police Captains, if a holiday falls on a regularly-scheduled day off, the employee will accrue holiday pay in the form of personal leave hours in the amount of their regularlyscheduled shift, up to ten hours.

SECTION IV Vacation
A. Vacation Usage New Employees
No employee who has served less than six months shall be eligible to use their vacation credits regardless of their accrual during the initial six months of employment. However, upon completion of six months of service, the employee will then be eligible to use accrued vacation hours.

B. Vacation Accrual Tables
Employees are subject to the following vacation accrual schedule:

Years Employed Monthly Accrual Annual Days

7 0 - 5 years 10.67 hours 16
5 – 10 years 14.00 hours 21
10 years+ 17.33 hours 26
20 years (sworn) 18.67 hours 28
Sworn employees hired on or prior to June 1, 1998, with twenty (20) years of service, vacation accrual will increase from twenty-six (26) to twenty-eight (28) days annually.

Vacation accrual shall begin with the first hour of work.

Vacation accrual is capped at no more than eighteen (18) times an employee’s monthly vacation accrual at any time. Upon reaching the vacation accrual cap the employee will cease to accrue vacation until the balance is below the accrual cap. Regular employees who work fifty percent (50%) of full-time or more shall accrue vacation credits in proportion to their time worked.

SECTION V Longevity Incentive Plan
A. Longevity
The City recognizes employees that make a commitment to continue their employment long-term. After each five-year period of continuous, full-time employment, a regular non-sworn employee shall receive forty (40) hours of bonus vacation time posted to their vacation accrual balance, up to the vacation accrual cap.

Employees hired or promoted into the Police Captain rank on or after July 1, 2021, will receive an additional four percent (4%) of base salary rate once they reach one hundred twenty (120) months of service as a full-time sworn peace officer in the State of California.

Effective July 1, 2026, the City will pay employees in the Police Captain rank an additional amount based on their months of service as a full-time sworn peace officer in the State of California. Those amounts shall be as follows: a total of 2% of base salary rate once they reach sixty (60) months of service as a full-time sworn peace officer in the State of California through completion of one hundred nineteen (119) months of service or a total of 6% of base salary rate once they reach one hundred eighty (180) months of service as a full-time sworn peace officer in the State of California and thereafter.

Once the required number of months has been reached, longevity incentive pay is ongoing and paid on a pay period basis. Only full-time service as a peace officer as defined in Chapter 4.5, Section 830 of the California Penal Code, and while employed with a city police agency, a county sheriff department, transit agency, or the California Highway Patrol, will be counted towards determining the months of service for purpose of Longevity Incentive Pay. Comparable law enforcement experience out of state, in a state whose training qualifies an applicant for a Basic Course Waiver from California P.O.S.T., will be evaluated on a case-by-case basis and will be counted towards the months of service.

8 The Parties agree that to the extent permitted by law, longevity pay shall be reported as special compensation pursuant to CalPERS regulations and the PERL.

B. Non-Recurring Leave
The bonus week of vacation for non-sworn employees shall not increase the employee’s vacation accrual rate. The forty (40) hours of vacation is a one (1) time bonus for the year in which it is earned through the employee’s length of service.

SECTION VI Personal Time Off and Comp Payout
A. Personal Time Off
Employees are eligible for paid time off for personal leave. Effective July 1, 2024, employees are eligible to use up to eighty (80) hours. The employee can use this time off all at once or in as little as one (1) hour increments. These hours shall have no cash value, shall not be eligible for payment upon termination of employment, and shall not be transferable from one year to the next. Each employee is eligible for the full hours, based on classification, of paid time off regardless of the duration of their employment.

The time will be placed on the employees books effective every July 1.

B. Comp Payout
Employees who internally promote from a represented bargaining group that receives compensatory time off (CTO), shall have the CTO paid out at the pre-promotion classification wage rate prior to the promotion.

SECTION VII Sick Leave
Regular and probationary employees earn sick leave at the rate of eight (8) hours per month.

Sick leave accrues on the basis of hours worked, therefore regular and probationary employees who work fifty percent (50%) of full-time or more shall accrue sick leave credits in proportion to their time worked. Unused sick leave shall accumulate from year to year. Sick leave may not be used before it is earned. Sick leave may be used consistent with City Policy and state and federal law. See Personnel Rules/Regulations, Rule 10.3 for more details that apply to the accrual and use of sick leave.

SECTION VIII Health Insurance
A. Executive and Senior Management (Sworn)
The City shall provide medical coverage for the Police Chief and Police Captains consistent with the coverage provided for members of the Brentwood Police Officers’ Association. The City shall pay medical premiums up to the full family rate for the lowest cost HMO plan offered by the City. The City currently offers health insurance benefits through the CalPERS Health Benefits Program. The City shall provide for a maximum annual increase of 10% but in no instance shall the maximum annual contribution exceed the full family rate for the lowest cost HMO plan offered by the City. In the event the medical premium increase is less than 10%, the City’s sole obligation is to pay the

9 actual increase. The maximum amounts described herein include the PEMHCA minimum (currently $158 per month). The employees shall agree to pay any excess medical premium costs through a pre-tax payroll deduction of the employee chosen plan, unless the IRS tax code changes.

1. Retiree Medical Coverage
Retiree medical is available through the CalPERS Health Benefits Plan.

Employees must be vested with CalPERS and retire from the City of Brentwood within the timeline set by CalPERS to be eligible to receive the retiree medical benefit.

For existing retiree retired prior to July 1, 2012:

The maximum premium amount paid by the City shall be equal to the Kaiser employee plus one dependent rate. The maximum amounts described herein include the PEMHCA minimum (currently $158 per month). The payment method of any excess premium due from retiree will be prescribed by CalPERS.

For employees hired prior to July 1, 2012 and not yet retired by that date:

The maximum premium amount paid by the City shall be capped at $1,500 per month. If during the term of the agreement, the Kaiser employee only rate exceeds $1,500 per month, the retirees shall receive a monthly amount equal to the Kaiser employee only amount. This maximum amount includes the PEMHCA minimum (currently $158 per month). Retirees shall be responsible for payment of any excess premium costs due CalPERS. The payment method of the excess premium will be prescribed by CalPERS.

For employees hired on or after July 1, 2012:

The maximum premium amount paid by the City shall be equal to the PEMHCA minimum amount, (currently $158 per month). Retirees shall be responsible for payment of any excess premium costs due CalPERS. The payment method of excess premium will be prescribed by CalPERS. The City shall increase the maximum medical premium amount to match the PEMHCA minimum amount in compliance with the required PEMHCA minimum amount.

2. Cash In-Lieu of Medical Coverage
Executive and Senior Management sworn employees that have medical coverage by some other means, for example through a spouse, may elect to receive “cash inlieu” of medical coverage after they provide proof of such medical coverage to the Human Resources Department. Upon the loss of such coverage, employees shall notify the Human Resources Department and shall enroll in one of the medical plans offered by the City. The benefit amount shall be $668.63 per month and shall be capped at that amount. The “cash in-lieu” benefit amount shall be $300 per month for: a) employees hired after July 1, 2014; or b) existing employees who discontinue the City’s medical coverage and opt for “cash in-lieu” of medical coverage at a later date as long as they meet the requirements as described above.

10 B. Executive and Senior Management (Non-Sworn)
The City shall provide medical coverage for Executive and Senior Management nonsworn employees consistent with coverage provided for Brentwood Management and Confidential Employees’ Association. The maximum monthly medical premium paid by the City for employee’s medical coverage shall be as follows:

Effective as soon as administratively possible but not later than the start of the second full month after Council adoption the City shall provide the following contributions for full time employees:

Employee only: 100% of the premium, regardless of plan.

Employee plus 1 dependent: an amount equal to the Region 1 Kaiser Employee + one dependent rate.

Employee plus 2 or more dependents: an amount equal to 85% of the Region 1 Kaiser Family rate.

The maximum monthly medical premium described above includes the Public Employees’ Medical and Hospital Care Act (“PEMHCA”) minimum monthly contribution (currently $158 per month).

Employee Contribution
The employees shall pay any excess premium costs through a pre-tax payroll deduction of the employee chosen plan, unless the IRS tax code changes.

1. Retiree Medical Coverage
Retiree medical is available through the CalPERS Health Benefits Plan.

Employees must be vested with CalPERS and retire from the City of Brentwood within the timeline set by CalPERS to be eligible to receive the retiree medical benefit.

For employees retired prior to July 1, 2012:

The City’s monthly contribution rate shall equal the Kaiser employee plus one dependent rate. This amount includes the PEMHCA minimum.

For employees hired prior to July 1, 2012 and not yet retired by that date:

The maximum premium amount paid by the City for an employee retiring on or after July 1, 2012 shall be $1,326.63 until such time that the Kaiser employee only rate exceeds this amount. At that time, the maximum medical premium amount paid by the City shall equal the Kaiser employee only rate. At no time shall the maximum medical premium amount paid by the City be less than the Kaiser employee only rate. This maximum premium amount includes the PEMHCA minimum amount.

11 For employees hired on or after July 1, 2012:

The maximum premium amount paid by the City for an employee retiring on or after July 1, 2012 shall be equal to the PEMHCA minimum amount. Retirees shall be responsible for payment of any excess premium costs due CalPERS.

The payment method of excess premium will be prescribed by CalPERS. The City shall increase the maximum medical premium amount to match the PEMHCA minimum amount in compliance with the required PEMHCA minimum amount.

2. Cash In-Lieu of Medical Coverage
Executive and Senior Management non-sworn employees that provide proof of alternative minimum essential medical coverage for the employee and the employee’s taxable family (individuals for whom the employee expects to claim a personal exemption deduction), may elect to receive “cash in-lieu” of medical coverage after they provide annual proof of such medical coverage to the Human Resources Department. Individual coverage and individual coverage from Covered California does not qualify as alternative minimum essential coverage for this section.

For those employees who received the “cash in-lieu” amount on or before May 1 2014, and retained the benefit, the maximum benefit amount will be $668.63.

The “cash in-lieu” benefit amount shall be $300 per month for: a) employees hired after May 1, 2014; or, b) existing employees who discontinue the City’s medical coverage and opt for “cash in-lieu” of medical coverage at a later date as long as they meet the requirements as described above.

SECTION IX Dental Insurance
The City shall pay the premium for dental coverage for all full-time personnel and their family.

In the event that during the period of July 1, 2024 through June 30, 2027 in the Compensation Summary for Executive and Senior Management Employees, the premiums required to maintain the current level of dental benefits are increased, the City shall pay such increased premium amounts.

The City shall contract with their dental insurance provider for an enhanced benefit package.

Any employee who enrolls in the enhanced dental benefit package shall be responsible for the difference in the premium between the basic and enhanced benefit.

SECTION X Vision Insurance
The City shall pay the premium for vision coverage through Vision Services Plan (VSP) that provides vision care services through participating providers. This applies to all full-time personnel and their family. In the event that during the period of the Memorandum of Understanding, the premiums required to maintain the current level of vision benefits are increased, the City shall pay such increased premium amounts.

SECTION XI Flexible Benefit Plan

12 Employees in this bargaining unit may voluntarily participate in the Flexible Benefit Plan. The plan allows employees to receive nontaxable benefits in exchange for a reduction in taxable compensation.

SECTION XII Life Insurance
The City shall pay the premium for term life insurance and accidental death & dismemberment coverage for all members of this bargaining unit. The coverage provides for one and one-half times the employee’s annual salary to a maximum of one-hundred and fifty-thousand dollars ($150,000).

SECTION XIII Disability Insurance
The City shall contribute one hundred percent (100%) of premiums for Disability Insurance with a twenty-nine (29) day waiting period. Employees may use accrued vacation, sick leave or compensatory time off pay during the twenty-nine (29) day waiting period until the Disability benefit begins. Once the employee becomes eligible for the Disability benefit, other time off benefits may be utilized as allowed by the policy.

SECTION XIV Retirement Plan
The City provides and maintains membership in the California Public Employees’ Retirement System (CalPERS) for eligible employees who are miscellaneous or safety members.

A. Executive and Senior Management - Miscellaneous Members Employees hired on or before October 1, 2010, shall receive the 2.7% at 55 miscellaneous retirement benefit and receive the following Optional Benefits:

Section 20042 One-Year Final Compensation.

Section 20965 Credit for Unused Sick Leave.

Section 21024 Military Service Credit as Public Service, Statutes of 1976.

Employees electing this option are fully responsible for any costs associated with the election of this benefit.

Section 21335 5% Cost-of-Living Allowance, base year 2001, for miscellaneous members and local police members only.

Section 21573 Third Level of 1959 Survivor Benefits.

All benefits included in the City retirement plan under CalPERS effective October 1, 2010, shall be maintained during the life of the contract. Employees will contribute the entire 8% of the Member Contribution towards retirement.

Employees hired after October 1, 2010 who are “classic members” as defined by CalPERS, shall receive the 2% at 60 miscellaneous retirement benefit and receive the following Optional Benefits:

Section 20965 Credit for Unused Sick Leave.

13 Section 21024 Military Service Credit as Public Service, Statutes of 1976.

Employees electing this option are fully responsible for any costs associated with the election of this benefit.

Section 21573 Third Level of 1959 Survivor Benefits.

The retirement benefit will be calculated on a consecutive thirty-six (36) month period and the Cost of Living Allowance will be the base amount provided by CalPERS.

Employees will pay the entire 7% Member Contribution each month for all wages that are CalPERS reportable.

New Members - Employees hired on or after January 1, 2013, who are “new members” as that term is defined in the Public Employees’ Pension Reform Act (PEPRA) shall be members of the CalPERS Miscellaneous Employees’ Retirement Plan 2% at age 62 retirement formula. Final compensation is based on a 36-month final compensation period, and employees will contribute at least 50 percent of the total normal cost rate for their retirement plan.

Optional benefits that are already in place under the City’s CalPERS contract and contract amendments will apply to new members unless those optional benefits are inconsistent with the PEPRA, such as the 12-month final compensation period.

B. Executive and Senior Management - Safety Members
Employees hired on or before September 1, 2012, shall receive the 3% at 50 safety retirement benefit including the 5% Annual Cost of Living Allowance, and the one year highest compensation. Employees shall pay the full 9% member contribution to PERS on a pre-tax basis (unless the IRS tax code changes).

Employees hired after September 1, 2012 who are “classic members” as determined by CalPERS, shall receive the 3% at 55 safety retirement benefit, including the 2% Annual Cost of Living Allowance, and the three years highest compensation calculation as defined by CalPERS. Employees shall pay the 9% member contribution to PERS on a pre-tax basis (unless the IRS tax code changes).

In accordance with the Public Employees’ Pension Reform Act (PEPRA), safety members hired on or after January 1, 2013, who are “new members” as determined by CalPERS, shall receive the 2.7% at 57 safety benefit, including the 2% Annual Cost of Living Allowance, and the three years highest compensation calculation as defined by CalPERS. Members of this retirement plan shall pay 50% of the normal cost of retirement as determined annually by CalPERS on a pre-tax basis (unless the IRS tax code changes).

Safety members shall be covered by the PERS “1959 Survivor Benefit” at Level III.

The PERS contract for safety members includes Military Service Credit as Public Service, an optional benefit available through CalPERS. Employees electing this option are fully responsible for any costs associated with the election of this benefit.

SECTION XV Deferred Compensation and Retiree Health Savings Account

14 A. Deferred Compensation
The City contracts with 457 Deferred Compensation Plan providers. Employees have the option to choose the plan they wish to participate in and receive a matching contribution from the City equal to fifty-five dollars ($55.00) each pay period, for a total of one-hundred ten dollars ($110.00) per month.

In addition to the matching contribution above, Senior Management employees shall receive an amount equal to four percent (4%) of their salary into a 457 Deferred Compensation Plan provided by the City. There is no matching requirement for this contribution. Contributions to the 457 Deferred Compensation Plans are subject to the annual IRS contribution limits.

B. Retiree Health Savings Account

1. Executive and Senior Management (Non-Sworn) The account shall be solely for employees hired on or after July 1, 2012 and shall allow for employer and employee contributions to the plan. The City shall contribute fifty dollars ($50) per pay period on behalf of each qualified employee to the plan. City contributions shall immediately vest to the qualified employee. The City shall pay the accounting fee as charged by the plan. Employees may withdraw from the plan upon separation from City employment.

2. Executive and Senior Management (Sworn)
Employees hired on or after July 1, 2012:

The Retiree Health Savings Account shall be solely for sworn members and shall allow for employer and employee contributions to the plan. The City shall contribute one hundred dollars ($100) per pay period on behalf of each qualified employee to the plan. City contributions shall immediately vest to the qualified employee. The City shall pay the accounting fee as charged by the plan. Employees may withdraw from the plan upon separation from City employment.

Employees hired before July 1, 2012:

The City agrees to meet with sworn members regarding the establishment of Retiree Health Savings Accounts in members’ names on the condition that the City will make no contributions to such Accounts and all members agree to contribute the minimum required amount.

SECTION XVI At Will Employment
Executive and Senior Management employees are “at will” and, as such, may be dismissed at any time with or without cause. This section does not supersede the POBR, Government Code Sections 3300-3313, for employees covered by the POBR.

The following listing provides clarification on which positions are categorized under Executive Management, Senior Management, and/or Peace Officer Bill of Rights (POBR) – designated Sworn personnel.

15 Executive Management:

Assistant City Manager
City Treasurer/Director of Finance and Information Systems Director of Community Development
Director of Engineering/City Engineer
Director of Human Resources/Risk Manager
Director of Parks and Recreation
Director of Public Works
Police Chief (Sworn)
Senior Management:

Assistant City Attorney
Assistant Director of Finance and Information Systems
Assistant Director of Public Works
Deputy City Attorney
Police Captain (Sworn)
POBR (Sworn):

Police Chief
Police Captain
SECTION XVII Severance Pay
Unless otherwise specified in an employment contract, employees terminated without cause will be entitled to receive severance pay as follows:

Executive Management: Employees after six months employment in an Executive Management position shall receive six months severance.

Senior Management: Employees after twelve months employment in a Senior Management position shall receive three months severance. Police Captains are not eligible for severance.

This provision does not apply to an employee who resigns, retires or is terminated for cause.

SECTION XVIII Severability of Provisions
If any provision of the Compensation Summary should be found to be invalid, unlawful or unenforceable by reason of any existing or subsequently enacted legislation or voter initiative or by judicial authority, all other provisions of this agreement shall remain in full force and effect for the duration. In the event of invalidation of any provision, the City shall meet with the employees covered by this agreement to discuss the invalidation(s).

Compensation Summary
for
City of Brentwood Unrepresented
Executive and Senior Management Employees
Approved: February 11, 2025, and July 22, 2025, and August 26, 2025 Resolution No. 2025-16, and 2025-86, and 2025-
July 1, 2024 to June 30, 2027

2 Table of Contents
SECTION I Salaries ..............................................................................................4 SECTION II Other Pay ...........................................................................................4 SECTION III Holidays..............................................................................................6 SECTION IV Vacation .............................................................................................6 SECTION V Longevity Incentive Plan.....................................................................7 SECTION VI Personal Time Off & Comp Payout ....................................................8 SECTION VII Sick Leave..........................................................................................8 SECTION VIII Health Insurance ................................................................................8 SECTION IX Dental Insurance ..............................................................................11 SECTION X Vision Insurance...............................................................................11 SECTION XI Flexible Benefit Plan.........................................................................12 SECTION XII Life Insurance...................................................................................12 SECTION XIII Disability Insurance ..........................................................................12 SECTION XIV Retirement Plan................................................................................12 SECTION XV Deferred Compensation and Retiree Health Savings Account.........14 SECTION XVI Severance Pay .................................................................................15 SECTION XVIISeverability of Provisions .................................................................15

3 COMPENSATION SUMMARY FOR

CITY OF BRENTWOOD EXECUTIVE AND SENIOR MANAGEMENT EMPLOYEES The City Council of the City of Brentwood hereby establishes the following salary, benefits and other provisions related to the employment of the City's Executive Management and Senior Management employees during the period of July 1, 2024 through June 30, 2027.

Employees designated as executive management and senior management are “at will” and serve at the pleasure of the City Manager or City Attorney as appropriate. This document does not supersede the Public Safety Officers Procedural Bill of Rights Act (“POBR”), Government Code Sections 3300-3313 for employees covered by the POBR.

The City agrees that there shall be no discrimination of any kind due to race, creed, color, religion, age, national origin, medical condition, pregnancy, marital status, disability, sex, sexual orientation, gender identity, gender expression, political affiliation, or any other classification or category protected by law, against any employee or applicant for employment.

4 SECTION I Salaries
Effective July 1, 2024 through June 30, 2027, salary ranges for employees in the executive and senior management classifications as set forth in Attachment “A” which is attached hereto and made a part hereof. Salary increases will be granted as follows:

Effective July 1, 2024, all ranges shall be increased by four percent (4.0%).

Effective July 1, 2025, all ranges shall be increased by three percent (3.0%).

Effective July 1, 2026, all ranges shall be increased by three percent (3.0%).

Effective July 1, 2024 employees in classifications listed in the table below will receive the following one-time equity adjustments:

Classification Title Equity
Assistant City Attorney 0.19%
Assistant City Manager 6.63%
City Treasurer/Director of Finance and Information Systems 1.50% Deputy City Attorney 7.66%
Director of Community Development 4.41%
Director of Engineering/City Engineer 4.41%
Director of Human Resources/Risk Manager 4.41%
Director of Parks & Recreation 4.41%
Director of Public Works 1.50%
Police Captain 4.63%
Police Chief 4.35%
Effective July 1, 2024, the City shall provide a one-time payment of $2,000 to unrepresented executive and senior management employees who are: 1) actively employed by the City on the date of adoption in 2025; and, 2) actively employed by the City on the date of payment in 2025. Said one-time payment to be paid to eligible employees no later than the second full pay period after adoption. The one-time payment is non-pensionable and subject to all applicable withholding.

SECTION II Other Pay
A. Bilingual Premium Pay
The City shall pay $25 per semi-monthly pay period, to individuals that are fluent in a foreign language or American Sign Language (ASL) who are routinely and consistently assigned to positions requiring communication skills in languages other than English. The determination of the need of the community for employees fluent in a language shall be determined by the City Manager or designee. The determination of the employee's fluency shall be by a mutually agreed upon procedure. The Parties agree that to the extent permitted by law, bilingual premium pay shall be reported as special compensation pursuant to CalPERS regulations and the Public Employees’ Retirement Law (PERL).

5 B. Management Incentive Pay
Management Incentive Pay is provided to Department Directors in recognition of their significant workloads and the unique nature of their work, including their responsibility to coordinate department functions, services, and responses to growth and maintenance efforts for the City of Brentwood during normal work hours. These efforts must be responsive to the maintenance and improvement to the quality of life for current and future residents as well as that of future and current employees of the City.

Unless otherwise specified in an employment contract, Management Incentive Pay is in the amount of 132 5.5 hours bi-monthlyannually, calculated based on the employee’s base hourly payrate. The dollar value of the 132 5.5 hours shall be distributed evenly across 24 bimonthly pay periods in the employee’s paycheckpaid bi-weeklymonthly and to the extent permitted by law, Management Incentive Pay shall be reported as special compensation pursuant to CalPERS regulations and the PERL.

C. Educational Incentive (Sworn)
The Police Chief and Police Captains are eligible to receive the following educational incentive pay:

Possession of a BS/BA Degree or P.O.S.T. Advanced Certificate shall receive an increase to base salary of five percent (5%); or
Possession of a Master’s Degree shall receive an increase to base salary of seven and one-half percent (7.5%)
The educational incentive pay shall be paid on a monthly basis. Qualifying courses and special instruction are to be pursued during the employee's off-duty time. As the approved training will be outside the area of assignment, no employee shall be allowed to attend the training while on duty. This will not restrict any employee to apply for time off, for arranging to trade shifts with another employee, or having another employee work his/her shift in order to attend classes. The time off and trading of shifts shall be pre-approved by the Police Chief or City Manager. Employees shall not be permitted to use City vehicles to attend courses to qualify for the educational supplement.

Only educational degrees from accredited institutions of higher learning qualify for the educational incentive program.

The Parties agree that to the extent permitted by law, educational incentive shall be reported as special compensation pursuant to CalPERS regulations and the PERL.

D. Uniform Allowance (Sworn)
The Police Chief and Police Captain(s) shall receive a total annual uniform allowance based on the fiscal year, July 1, in the amount of $1,500. The uniform allowance shall be paid through payroll on a pro rata basis each pay period (less applicable taxes). The total annual fiscal year uniform allowance will be pro-rated for new hires.

6 The Parties agree that to the extent permitted by law, uniform allowance shall be reported as special compensation pursuant to CalPERS regulations and the PERL.

E. Professional Dues
Effective January 1, 2025, employees who participate in professional associations, organizations, and continuing educational programs for directly related professional growth, and the direct benefit of the City may seek payments for membership dues, and professional certifications as approved by the City Manager. Such payments will not exceed $2,000 per fiscal year.

SECTION III Holidays
As provided in the Personnel Rules and Regulations, Rule 10, full-time and part-time employees receive holiday pay. In order for an employee to receive compensation for a holiday, the employee must be in a pay status (working, vacation, sick leave, worker’s compensation, scheduled day off) the day prior to and the day following the holiday. Police Captains will be compensated for their entire regularly assigned shift, up to ten (10) hours of holiday pay.

Holidays will be observed by the City as follows:
1) January 1 (New Year’s Day) 8) Veteran’s Day (Observed) 2) Martin Luther King Jr.’s Birthday 9) Thanksgiving Day (Observed) 10) The Friday following Thanksgiving Day
3) Washington’s Birthday (Observed) 11) December 24
4) Memorial Day 12) December 25
5) June 19, (Juneteenth) 13) December 31
6) July 4, Independence Day 14) Two Floating Holidays (Personal Days) 7) Labor Day based upon Employment on January 1st
For Police Captains, if a holiday falls on a regularly-scheduled day off, the employee will accrue holiday pay in the form of personal leave hours in the amount of their regularlyscheduled shift, up to ten hours.

SECTION IV Vacation
A. Vacation Usage New Employees
No employee who has served less than six months shall be eligible to use their vacation credits regardless of their accrual during the initial six months of employment. However, upon completion of six months of service, the employee will then be eligible to use accrued vacation hours.

B. Vacation Accrual Tables
Employees are subject to the following vacation accrual schedule:

7 Years Employed Monthly Accrual Annual Days
0 - 5 years 10.67 hours 16
5 – 10 years 14.00 hours 21
10 years+ 17.33 hours 26
20 years (sworn) 18.67 hours 28
Sworn employees hired on or prior to June 1, 1998, with twenty (20) years of service, vacation accrual will increase from twenty-six (26) to twenty-eight (28) days annually.

Vacation accrual shall begin with the first hour of work.

Vacation accrual is capped at no more than eighteen (18) times an employee’s monthly vacation accrual at any time. Upon reaching the vacation accrual cap the employee will cease to accrue vacation until the balance is below the accrual cap. Regular employees who work fifty percent (50%) of full-time or more shall accrue vacation credits in proportion to their time worked.

SECTION V Longevity Incentive Plan
A. Longevity
The City recognizes employees that make a commitment to continue their employment long-term. After each five-year period of continuous, full-time employment, a regular non-sworn employee shall receive forty (40) hours of bonus vacation time posted to their vacation accrual balance, up to the vacation accrual cap.

Employees hired or promoted into the Police Captain rank on or after July 1, 2021, will receive an additional four percent (4%) of base salary rate once they reach one hundred twenty (120) months of service as a full-time sworn peace officer in the State of California.

Effective July 1, 2026, the City will pay employees in the Police Captain rank an additional amount based on their months of service as a full-time sworn peace officer in the State of California. Those amounts shall be as follows: a total of 2% of base salary rate once they reach sixty (60) months of service as a full-time sworn peace officer in the State of California through completion of one hundred nineteen (119) months of service or a total of 6% of base salary rate once they reach one hundred eighty (180) months of service as a full-time sworn peace officer in the State of California and thereafter.

Once the required number of months has been reached, longevity incentive pay is ongoing and paid on a pay period basis. Only full-time service as a peace officer as defined in Chapter 4.5, Section 830 of the California Penal Code, and while employed with a city police agency, a county sheriff department, transit agency, or the California Highway Patrol, will be counted towards determining the months of service for purpose of Longevity Incentive Pay. Comparable law enforcement experience out of state, in a state whose training qualifies an applicant for a Basic Course Waiver from California P.O.S.T., will be evaluated on a case-by-case basis and will be counted towards the months of service.

8 The Parties agree that to the extent permitted by law, longevity pay shall be reported as special compensation pursuant to CalPERS regulations and the PERL.

B. Non-Recurring Leave
The bonus week of vacation for non-sworn employees shall not increase the employee’s vacation accrual rate. The forty (40) hours of vacation is a one (1) time bonus for the year in which it is earned through the employee’s length of service.

SECTION VI Personal Time Off and Comp Payout
A. Personal Time Off
Employees are eligible for paid time off for personal leave. Effective July 1, 2024, employees are eligible to use up to eighty (80) hours. The employee can use this time off all at once or in as little as one (1) hour increments. These hours shall have no cash value, shall not be eligible for payment upon termination of employment, and shall not be transferable from one year to the next. Each employee is eligible for the full hours, based on classification, of paid time off regardless of the duration of their employment.

The time will be placed on the employees books effective every July 1.

B. Comp Payout
Employees who internally promote from a represented bargaining group that receives compensatory time off (CTO), shall have the CTO paid out at the pre-promotion classification wage rate prior to the promotion.

SECTION VII Sick Leave
Regular and probationary employees earn sick leave at the rate of eight (8) hours per month.

Sick leave accrues on the basis of hours worked, therefore regular and probationary employees who work fifty percent (50%) of full-time or more shall accrue sick leave credits in proportion to their time worked. Unused sick leave shall accumulate from year to year. Sick leave may not be used before it is earned. Sick leave may be used consistent with City Policy and state and federal law. See Personnel Rules/Regulations, Rule 10.3 for more details that apply to the accrual and use of sick leave.

SECTION VIII Health Insurance
A. Executive and Senior Management (Sworn)
The City shall provide medical coverage for the Police Chief and Police Captains consistent with the coverage provided for members of the Brentwood Police Officers’ Association. The City shall pay medical premiums up to the full family rate for the lowest cost HMO plan offered by the City. The City currently offers health insurance benefits through the CalPERS Health Benefits Program. The City shall provide for a maximum annual increase of 10% but in no instance shall the maximum annual contribution exceed the full family rate for the lowest cost HMO plan offered by the City. In the event the medical premium increase is less than 10%, the City’s sole obligation is to pay the

9 actual increase. The maximum amounts described herein include the PEMHCA minimum (currently $158 per month). The employees shall agree to pay any excess medical premium costs through a pre-tax payroll deduction of the employee chosen plan, unless the IRS tax code changes.

1. Retiree Medical Coverage
Retiree medical is available through the CalPERS Health Benefits Plan.

Employees must be vested with CalPERS and retire from the City of Brentwood within the timeline set by CalPERS to be eligible to receive the retiree medical benefit.

For existing retiree retired prior to July 1, 2012:

The maximum premium amount paid by the City shall be equal to the Kaiser employee plus one dependent rate. The maximum amounts described herein include the PEMHCA minimum (currently $158 per month). The payment method of any excess premium due from retiree will be prescribed by CalPERS.

For employees hired prior to July 1, 2012 and not yet retired by that date:

The maximum premium amount paid by the City shall be capped at $1,500 per month. If during the term of the agreement, the Kaiser employee only rate exceeds $1,500 per month, the retirees shall receive a monthly amount equal to the Kaiser employee only amount. This maximum amount includes the PEMHCA minimum (currently $158 per month). Retirees shall be responsible for payment of any excess premium costs due CalPERS. The payment method of the excess premium will be prescribed by CalPERS.

For employees hired on or after July 1, 2012:

The maximum premium amount paid by the City shall be equal to the PEMHCA minimum amount, (currently $158 per month). Retirees shall be responsible for payment of any excess premium costs due CalPERS. The payment method of excess premium will be prescribed by CalPERS. The City shall increase the maximum medical premium amount to match the PEMHCA minimum amount in compliance with the required PEMHCA minimum amount.

2. Cash In-Lieu of Medical Coverage
Executive and Senior Management sworn employees that have medical coverage by some other means, for example through a spouse, may elect to receive “cash inlieu” of medical coverage after they provide proof of such medical coverage to the Human Resources Department. Upon the loss of such coverage, employees shall notify the Human Resources Department and shall enroll in one of the medical plans offered by the City. The benefit amount shall be $668.63 per month and shall be capped at that amount. The “cash in-lieu” benefit amount shall be $300 per month for: a) employees hired after July 1, 2014; or b) existing employees who discontinue the City’s medical coverage and opt for “cash in-lieu” of medical coverage at a later date as long as they meet the requirements as described above.

10 B. Executive and Senior Management (Non-Sworn)
The City shall provide medical coverage for Executive and Senior Management nonsworn employees consistent with coverage provided for Brentwood Management and Confidential Employees’ Association. The maximum monthly medical premium paid by the City for employee’s medical coverage shall be as follows:

Effective as soon as administratively possible but not later than the start of the second full month after Council adoption the City shall provide the following contributions for full time employees:

Employee only: 100% of the premium, regardless of plan.

Employee plus 1 dependent: an amount equal to the Region 1 Kaiser Employee + one dependent rate.

Employee plus 2 or more dependents: an amount equal to 85% of the Region 1 Kaiser Family rate.

The maximum monthly medical premium described above includes the Public Employees’ Medical and Hospital Care Act (“PEMHCA”) minimum monthly contribution (currently $158 per month).

Employee Contribution
The employees shall pay any excess premium costs through a pre-tax payroll deduction of the employee chosen plan, unless the IRS tax code changes.

1. Retiree Medical Coverage
Retiree medical is available through the CalPERS Health Benefits Plan.

Employees must be vested with CalPERS and retire from the City of Brentwood within the timeline set by CalPERS to be eligible to receive the retiree medical benefit.

For employees retired prior to July 1, 2012:

The City’s monthly contribution rate shall equal the Kaiser employee plus one dependent rate. This amount includes the PEMHCA minimum.

For employees hired prior to July 1, 2012 and not yet retired by that date:

The maximum premium amount paid by the City for an employee retiring on or after July 1, 2012 shall be $1,326.63 until such time that the Kaiser employee only rate exceeds this amount. At that time, the maximum medical premium amount paid by the City shall equal the Kaiser employee only rate. At no time shall the maximum medical premium amount paid by the City be less than the Kaiser employee only rate. This maximum premium amount includes the PEMHCA minimum amount.

11 For employees hired on or after July 1, 2012:

The maximum premium amount paid by the City for an employee retiring on or after July 1, 2012 shall be equal to the PEMHCA minimum amount. Retirees shall be responsible for payment of any excess premium costs due CalPERS.

The payment method of excess premium will be prescribed by CalPERS. The City shall increase the maximum medical premium amount to match the PEMHCA minimum amount in compliance with the required PEMHCA minimum amount.

2. Cash In-Lieu of Medical Coverage
Executive and Senior Management non-sworn employees that provide proof of alternative minimum essential medical coverage for the employee and the employee’s taxable family (individuals for whom the employee expects to claim a personal exemption deduction), may elect to receive “cash in-lieu” of medical coverage after they provide annual proof of such medical coverage to the Human Resources Department. Individual coverage and individual coverage from Covered California does not qualify as alternative minimum essential coverage for this section.

For those employees who received the “cash in-lieu” amount on or before May 1 2014, and retained the benefit, the maximum benefit amount will be $668.63.

The “cash in-lieu” benefit amount shall be $300 per month for: a) employees hired after May 1, 2014; or, b) existing employees who discontinue the City’s medical coverage and opt for “cash in-lieu” of medical coverage at a later date as long as they meet the requirements as described above.

SECTION IX Dental Insurance
The City shall pay the premium for dental coverage for all full-time personnel and their family.

In the event that during the period of July 1, 2024 through June 30, 2027 in the Compensation Summary for Executive and Senior Management Employees, the premiums required to maintain the current level of dental benefits are increased, the City shall pay such increased premium amounts.

The City shall contract with their dental insurance provider for an enhanced benefit package.

Any employee who enrolls in the enhanced dental benefit package shall be responsible for the difference in the premium between the basic and enhanced benefit.

SECTION X Vision Insurance
The City shall pay the premium for vision coverage through Vision Services Plan (VSP) that provides vision care services through participating providers. This applies to all full-time personnel and their family. In the event that during the period of the Memorandum of Understanding, the premiums required to maintain the current level of vision benefits are increased, the City shall pay such increased premium amounts.

SECTION XI Flexible Benefit Plan

12 Employees in this bargaining unit may voluntarily participate in the Flexible Benefit Plan. The plan allows employees to receive nontaxable benefits in exchange for a reduction in taxable compensation.

SECTION XII Life Insurance
The City shall pay the premium for term life insurance and accidental death & dismemberment coverage for all members of this bargaining unit. The coverage provides for one and one-half times the employee’s annual salary to a maximum of one-hundred and fifty-thousand dollars ($150,000).

SECTION XIII Disability Insurance
The City shall contribute one hundred percent (100%) of premiums for Disability Insurance with a twenty-nine (29) day waiting period. Employees may use accrued vacation, sick leave or compensatory time off pay during the twenty-nine (29) day waiting period until the Disability benefit begins. Once the employee becomes eligible for the Disability benefit, other time off benefits may be utilized as allowed by the policy.

SECTION XIV Retirement Plan
The City provides and maintains membership in the California Public Employees’ Retirement System (CalPERS) for eligible employees who are miscellaneous or safety members.

A. Executive and Senior Management - Miscellaneous Members Employees hired on or before October 1, 2010, shall receive the 2.7% at 55 miscellaneous retirement benefit and receive the following Optional Benefits:

Section 20042 One-Year Final Compensation.

Section 20965 Credit for Unused Sick Leave.

Section 21024 Military Service Credit as Public Service, Statutes of 1976.

Employees electing this option are fully responsible for any costs associated with the election of this benefit.

Section 21335 5% Cost-of-Living Allowance, base year 2001, for miscellaneous members and local police members only.

Section 21573 Third Level of 1959 Survivor Benefits.

All benefits included in the City retirement plan under CalPERS effective October 1, 2010, shall be maintained during the life of the contract. Employees will contribute the entire 8% of the Member Contribution towards retirement.

Employees hired after October 1, 2010 who are “classic members” as defined by CalPERS, shall receive the 2% at 60 miscellaneous retirement benefit and receive the following Optional Benefits:

Section 20965 Credit for Unused Sick Leave.

13 Section 21024 Military Service Credit as Public Service, Statutes of 1976.

Employees electing this option are fully responsible for any costs associated with the election of this benefit.

Section 21573 Third Level of 1959 Survivor Benefits.

The retirement benefit will be calculated on a consecutive thirty-six (36) month period and the Cost of Living Allowance will be the base amount provided by CalPERS.

Employees will pay the entire 7% Member Contribution each month for all wages that are CalPERS reportable.

New Members - Employees hired on or after January 1, 2013, who are “new members” as that term is defined in the Public Employees’ Pension Reform Act (PEPRA) shall be members of the CalPERS Miscellaneous Employees’ Retirement Plan 2% at age 62 retirement formula. Final compensation is based on a 36-month final compensation period, and employees will contribute at least 50 percent of the total normal cost rate for their retirement plan.

Optional benefits that are already in place under the City’s CalPERS contract and contract amendments will apply to new members unless those optional benefits are inconsistent with the PEPRA, such as the 12-month final compensation period.

B. Executive and Senior Management - Safety Members
Employees hired on or before September 1, 2012, shall receive the 3% at 50 safety retirement benefit including the 5% Annual Cost of Living Allowance, and the one year highest compensation. Employees shall pay the full 9% member contribution to PERS on a pre-tax basis (unless the IRS tax code changes).

Employees hired after September 1, 2012 who are “classic members” as determined by CalPERS, shall receive the 3% at 55 safety retirement benefit, including the 2% Annual Cost of Living Allowance, and the three years highest compensation calculation as defined by CalPERS. Employees shall pay the 9% member contribution to PERS on a pre-tax basis (unless the IRS tax code changes).

In accordance with the Public Employees’ Pension Reform Act (PEPRA), safety members hired on or after January 1, 2013, who are “new members” as determined by CalPERS, shall receive the 2.7% at 57 safety benefit, including the 2% Annual Cost of Living Allowance, and the three years highest compensation calculation as defined by CalPERS. Members of this retirement plan shall pay 50% of the normal cost of retirement as determined annually by CalPERS on a pre-tax basis (unless the IRS tax code changes).

Safety members shall be covered by the PERS “1959 Survivor Benefit” at Level III.

The PERS contract for safety members includes Military Service Credit as Public Service, an optional benefit available through CalPERS. Employees electing this option are fully responsible for any costs associated with the election of this benefit.

SECTION XV Deferred Compensation and Retiree Health Savings Account

14 A. Deferred Compensation
The City contracts with 457 Deferred Compensation Plan providers. Employees have the option to choose the plan they wish to participate in and receive a matching contribution from the City equal to fifty-five dollars ($55.00) each pay period, for a total of one-hundred ten dollars ($110.00) per month.

In addition to the matching contribution above, Senior Management employees shall receive an amount equal to four percent (4%) of their salary into a 457 Deferred Compensation Plan provided by the City. There is no matching requirement for this contribution. Contributions to the 457 Deferred Compensation Plans are subject to the annual IRS contribution limits.

B. Retiree Health Savings Account

1. Executive and Senior Management (Non-Sworn) The account shall be solely for employees hired on or after July 1, 2012 and shall allow for employer and employee contributions to the plan. The City shall contribute fifty dollars ($50) per pay period on behalf of each qualified employee to the plan. City contributions shall immediately vest to the qualified employee. The City shall pay the accounting fee as charged by the plan. Employees may withdraw from the plan upon separation from City employment.

2. Executive and Senior Management (Sworn)
Employees hired on or after July 1, 2012:

The Retiree Health Savings Account shall be solely for sworn members and shall allow for employer and employee contributions to the plan. The City shall contribute one hundred dollars ($100) per pay period on behalf of each qualified employee to the plan. City contributions shall immediately vest to the qualified employee. The City shall pay the accounting fee as charged by the plan. Employees may withdraw from the plan upon separation from City employment.

Employees hired before July 1, 2012:

The City agrees to meet with sworn members regarding the establishment of Retiree Health Savings Accounts in members’ names on the condition that the City will make no contributions to such Accounts and all members agree to contribute the minimum required amount.

SECTION XVI At Will Employment
Executive and Senior Management employees are “at will” and, as such, may be dismissed at any time with or without cause. This section does not supersede the POBR, Government Code Sections 3300-3313, for employees covered by the POBR.

The following listing provides clarification on which positions are categorized under Executive Management, Senior Management, and/or Peace Officer Bill of Rights (POBR) – designated Sworn personnel.

15 Executive Management:

Assistant City Manager
City Treasurer/Director of Finance and Information Systems Director of Community Development
Director of Engineering/City Engineer
Director of Human Resources/Risk Manager
Director of Parks and Recreation
Director of Public Works
Police Chief (Sworn)
Senior Management:

Assistant City Attorney
Assistant Director of Finance and Information Systems
Assistant Director of Public Works
Deputy City Attorney
Police Captain (Sworn)
POBR (Sworn):

Police Chief
Police Captain
SECTION XVII Severance Pay
Unless otherwise specified in an employment contract, employees terminated without cause will be entitled to receive severance pay as follows:

Executive Management: Employees after six months employment in an Executive Management position shall receive six months severance.

Senior Management: Employees after twelve months employment in a Senior Management position shall receive three months severance. Police Captains are not eligible for severance.

This provision does not apply to an employee who resigns, retires or is terminated for cause.

SECTION XVIII Severability of Provisions
If any provision of the Compensation Summary should be found to be invalid, unlawful or unenforceable by reason of any existing or subsequently enacted legislation or voter initiative or by judicial authority, all other provisions of this agreement shall remain in full force and effect for the duration. In the event of invalidation of any provision, the City shall meet with the employees covered by this agreement to discuss the invalidation(s).