Brentwood City Council
March 31, 2026

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At the address set forth in Recital A.

18. Duration. The covenants set forth herein shall be covenants running with the land and shall inure to the benefit of the City and its successors and assigns, and shall be enforceable by the City, the City of Brentwood or their successors and assigns, without regard to whether the City is or remains an owner of any land or interest to which such covenants relate, until the date that is 45 years after the date this Agreement is recorded (the "Term"). The parties agree that for the Term of this Agreement, all future deeds or transfers of interest shall show or reference the applicable restrictions of this Agreement.

Upon expiration of the Term, City shall provide Owner with a quitclaim, release or other instrument, in recordable form, sufficient to confirm the release the Restricted Unit from the effect of this Agreement.

19. Amendment. This Agreement may be amended only in a writing signed by City and the Owner.

20. No Impairment of Lien. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Agreement shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument.

21. Successors and Assigns. The covenants contained in this Agreement shall inure to the benefit of the City and its successors and assigns and shall be binding upon Owner and any successor in interest to the Restricted Unit. Provided that Owner has complied with all terms of this Agreement, upon the transfer by Owner of all of its interest in the Restricted Unit, such Owner shall automatically be released from and have no further obligations or liabilities under this Agreement, and all references in this Agreement to Owner thereafter shall mean and refer to such successor in interest of a prior Owner as may then be the owner of the Restricted Unit. The covenants shall run in favor of the City and its successors and assigns for the entire period during which such covenants shall be in force and effect, without regard to whether the City is or remains an owner of any land or interest therein to which such covenants relate. The City, and its successors and assigns, in the event of any breach of any such covenants, shall have the right to exercise all of the rights and remedies, and to maintain any actions at law or suits in equity or other proper proceedings, to enforce the curing of such breach.

22. No Third Party Beneficiaries. Notwithstanding anything in this Agreement to the contrary, there are no third party beneficiaries of this Agreement.

23. California Law. This Agreement shall be construed in accordance with and be governed by the laws of the State of California.

24. Severability. Should any provision of this Agreement be found invalid or unenforceable by a court or other body of competent jurisdiction, said invalidity, unenforceability or ineffectiveness shall not affect the validity of the remaining provisions which shall remain in force to the maximum extent possible.

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25. Subordination. The terms and provisions of this Agreement, except Section 13 herein, are subject and subordinate to the terms of the deed(s) of trust made to PREFERRED LENDER, the primary lender(s) (the "Senior Deed(s) of Trust"). The terms and provisions of Section 13 shall remain senior to the Senior Deed(s) of Trust until the earlier of (a) the date on which a lender(s) under the Senior Deed(s) of Trust take title to the Restricted Unit upon foreclosure or by a deed in lieu of foreclosure of the Senior Deed(s) of Trust, (b) the date on which the Proceeds are paid to the City as provided in Section 13, or (c) the expiration of this Agreement. Upon the earlier of subsections (a), (b) or (c) above, all of the terms and provisions of this Agreement shall be of no further force and effect. Therefore, any lender under a Senior Deed of Trust that takes title to the Restricted Unit upon foreclosure or by a deed in lieu of foreclosure of the Senior Deed(s) of Trust will take title free and clear of the terms and provisions of this Agreement.

IN WITNESS WHEREOF, the City and the Owner have caused this Agreement to be executed on their behalf by their respective officers thereunto duly authorized.

Date:__________________________
ATTEST:

By:
,
City Clerk
APPROVED AS TO FORM:

By:
,
City Attorney
CITY:

THE CITY OF BRENTWOOD
By:

Name:

Its: City Manager
Date: _________________________
OWNER:

By:

Name: _________________
Signature: ___________________________

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SIGNATURES MUST BE NOTARIZED

Attachment 1
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ATTACHMENT 1
Legal Description of Restricted Unit
[to be inserted]

Attachment 2
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ATTACHMENT 2

DISCLOSURE STATEMENT

THERE ARE RESTRICTIONS ON THE SALE OF THE PROPERTY
YOU ARE BUYING. YOU MAY NOT SELL THE PROPERTY FOR
MARKET VALUE TO WHOMEVER YOU LIKE. YOU MUST SELL THE
PROPERTY TO AN "ELIGIBLE HOUSEHOLD" AT AN "AFFORDABLE
HOUSING COST." IF YOU CANNOT DO SO, YOU MUST NOTIFY THE CITY, WHO HAS AN OPTION TO PURCHASE THE PROPERTY.

THERE ARE ALSO RESTRICTIONS ON OBTAINING AND
REFINANCING LOANS IN CONNECTION WITH THE PROPERTY. YOU

MAY NOT OBTAIN OR REFINANCE ANY EXISTING LOAN THAT
CAUSES YOUR INDEBTEDNESS TO EXCEED THE "AFFORDABLE
HOUSING COST," EXCEPT AS OTHERWISE APPROVED IN WRITING BY THE CITY OF BRENTWOOD.

THESE RESTRICTIONS WILL BE IN EFFECT UNTIL
, 20 . IF YOU SELL THE PROPERTY IN VIOLATION
OF THE RESTRICTIONS, THE SALE SHALL BE VOID.

TO DETERMINE WHO IS AN ELIGIBLE HOUSEHOLD AND WHAT

AN AFFORDABLE HOUSING COST IS, YOU SHOULD CONTACT THE
CITY OF BRENTWOOD'S HOUSING MANAGER.

I HAVE READ THIS DISCLOSURE STATEMENT AND THE RESALE

AND REFINANCE LIMITATION AGREEMENT AND OPTION TO
PURCHASE AND I UNDERSTAND WHAT THEY MEAN.

Owner Owner

I HAVE REVIEWED THE ABOVE DISCLOSURE STATEMENT AND

THE RESALE AND REFINANCE LIMITATION AGREEMENT AND OPTION TO PURCHASE WITH THE OWNER.

City Housing Manager

DO NOT SIGN DO NOT SIGN

Attachment 3
1 Error! Unknown document property name.

ATTACHMENT 3

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Brentwood
150 City Park Way
Brentwood, California 94513
Attn: City Clerk
(Space Above This Line for Recorder's Use Only)
[Exempt from recording fee per Gov. Code § 27383]

DEED OF TRUST AND SECURITY AGREEMENT
APN: [to be inserted]
THIS DEED OF TRUST AND SECURITY AGREEMENT ("Deed of Trust") is made this day of , 20 , among
("Trustor"), whose address is ,
("Trustee"), whose address is , and the City of
Brentwood ("Beneficiary"), whose address is 150 City Park Way, Brentwood, California 94513.

Trustor irrevocably grants, conveys, transfers and assigns to Trustee in trust, with power of sale and right of entry and possession, all of Trustor's right, title and interest now owned or hereafter acquired in and to the real property in Contra Costa County, California, described on Exhibit A attached hereto and incorporated herein by this reference, together with all buildings, structures and improvements now existing or hereafter constructed thereon (the "Improvements") and all other property and interests of any kind or character which may be reasonably necessary or desirable to promote the present and future beneficial use and enjoyment of such real property and improvements (the "Property").

1. Secured Obligations. Trustor makes the grant, conveyance, transfer and assignment herein for the purpose of securing Trustor's obligations under that certain Refinance and Resale Limitation Agreement between Trustor and Beneficiary dated (the "Secured Obligations").

2. Maintenance and Repair. Trustor shall (a) keep the Property in good condition and repair and not remove or demolish any building; (b) complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed; (c) pay when due all claims for labor performed and materials furnished; (d) comply with all laws affecting the Property or requiring any alterations or improvements to be made; (e) not commit or permit waste; and (f) cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of the Property may be reasonably necessary.

3. Insurance. Trustor shall maintain hazard insurance against loss by fire, hazards included with the term "extended coverage," and any other hazards for which Beneficiary requires

Attachment 3
2 Error! Unknown document property name.
insurance, and liability insurance. The insurance carrier and the insurance policies and amounts of coverage shall be acceptable to Beneficiary, the liability policy shall name Beneficiary as an additional insured, and shall require 30 days' prior notice to Beneficiary before the policy is modified or terminated.

4. Defense of Security. Trustor shall appear in and defend any action or proceeding purporting to affect the security or the rights or powers of Beneficiary or Trustee. Trustor shall pay all costs and expenses, including costs of evidence of title and attorneys' fees, in any such action or proceeding in which Trustee or Beneficiary may appear, and in any suit brought by Beneficiary to foreclose this Deed of Trust.

5. Payment of Taxes and Liens. Trustor shall pay (a) at least 10 days before delinquency, all taxes and assessments affecting the Property, including water stock assessments; (b) when due, all encumbrances, charges and liens, with interest, on the Property, which are or appear to be prior or superior to this Deed of Trust; and (c) upon demand all costs, fees and expenses of this Deed of Trust. If Trustor fails to make any payment or to do any act provided for in this Deed of Trust, then Beneficiary or Trustee may, without obligation to do so, and with or without notice to or demand upon Trustor, and without releasing Trustor from any obligation under this Deed of Trust: (i) make or do the same in such manner and to such extent as either may deem necessary to protect the security, Beneficiary or Trustee being authorized to enter upon the Property for such purposes; (ii) appear in or commence any action or proceeding purporting to affect the security, or the rights or powers of Beneficiary or Trustee; (iii) pay, purchase, contest or settle any encumbrance, charge or lien which in the judgment of either appears to be senior to this Deed of Trust; and (iv) in exercising any such powers, pay allowable expenses, including attorneys' fees.

6. Reimbursement of Costs. Trustor shall pay upon demand all sums expended by Beneficiary or Trustee provided for in this Deed of Trust or allowed by law, with interest from date of expenditure at the maximum rate allowed by law.

7. No Waiver. By accepting payment of any sum after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other sums or declare a default for failure to pay.

8. Reconveyance. That upon written request of Beneficiary stating that the Secured Obligations have been fulfilled, and upon surrender of this Deed of Trust, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals of such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto."

9. No Renting Allowed. Trustor may not rent or lease all or any portion of the Property.

10. Default and Foreclosure. Upon default by Trustor in performance of any Secured Obligation, Beneficiary may deliver to Trustee a declaration of default and demand for sale and of a notice of default and a notice of sale, which notice Trustee shall cause to be filed for record.

Beneficiary also shall deposit with Trustee this Deed of Trust and all documents evidencing the Secured Obligations and expenditures, if any, secured by this Deed of Trust. Upon default of

Attachment 3
3 Error! Unknown document property name.
any obligation secured by this Deed of Trust and acceleration of all sums due, if any, Beneficiary may instruct Trustee to proceed with a sale of the Property under the power of sale granted in this Deed of Trust, noticed and held in accordance with California Civil Code Sections 2924, et seq., as such statutes may be amended from time to time. Trustor waives all rights it may have to require marshaling of assets or to require sales of assets in any particular order, including any rights under California Civil Code Sections 2899 and 3433.

11. Substitution of Trustee. Beneficiary, or any successor beneficiary of the Secured Obligations or of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where the Property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed of Trust is recorded and the name and address of the new Trustee.

12. Successors and Assigns. This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term "Beneficiary" shall mean the holder, including pledgees, of the covenants set forth in the Resale and Refinance Restrictions and Option to Purchase, whether or not named as Beneficiary herein.

13. Trustee Acceptance. Trustee accepts this trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other deed of trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee.

14. Further Assurances. Trustor shall, at its own cost and expense, do, execute, acknowledge, and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignments, transfers, and assurances as Trustee or Beneficiary shall from time to time require, for better assuring, conveying, assigning, transferring, and confirming unto Trustee the Property and rights hereby conveyed or assigned or intended now or hereafter so to be, or which Trustor may be or may hereafter become bound to convey or assign to Trustee, or for carrying out the intention or facilitating the performance of the terms of this Deed of Trust, or for filing, registering, or recording this Deed of Trust. Trustor shall, on demand, execute and deliver, and hereby authorizes Trustee and Beneficiary, or either of them, to execute in the name of Trustor, to the extent it may lawfully do so, one or more financing statements, chattel mortgages, or comparable security instruments, to evidence more effectively the lien hereof.

Immediately upon the execution and delivery of this Deed of Trust, and thereafter from time to time, Trustor shall cause this Deed of Trust, and any security instruments creating a lien or evidencing the lien hereof upon any personal property and each instrument of further assurance, to be filed, registered, or recorded in such manner and in such places as may be required by any present or future law in order to publish notice of and fully to protect the lien hereof upon, and the title of Trustee to, the Property encumbered hereby.

Attachment 3
4 Error! Unknown document property name.

15. Condemnation and Insurance Proceeds. Immediately upon obtaining knowledge of the institution of any proceedings for the condemnation or other taking of all or any portion of the Property, or knowledge of any casualty damage to the Property, or damage in any other manner, Trustor shall immediately notify Beneficiary thereof. Trustor hereby authorizes and empowers Beneficiary as attorney-in-fact for Trustor to make proof of loss, to adjust and compromise any claim under the insurance policies covering the Property, to appear in and prosecute any action arising from such insurance policies, to collect and receive insurance proceeds, and to deduct therefrom Beneficiary's expenses incurred in the collection of such proceeds; provided, however, that nothing contained in this Section shall require Beneficiary to incur any expense or take any action hereunder. Trustor hereby authorizes and empowers Beneficiary, at Beneficiary's option, as attorney-in-fact for Trustor, to commence, appear in and prosecute, in Beneficiary's or Trustor's name, any action or proceeding relating to any condemnation or other taking of all or any part of the Property, whether direct or indirect, and to settle or compromise any claim in connection with such condemnation or other taking. The proceeds of any award payment or claim for damages, direct or consequential, in connection with any condemnation or other taking, whether direct or indirect, of the Property, or any part thereof, or for conveyances in lieu of the Property, or any part thereof, shall be paid to Beneficiary. The foregoing powers of attorney are coupled with an interest and are irrevocable. Trustor hereby authorizes Beneficiary to apply such awards, payments, proceeds or damages relating to condemnation of the Property and insurance covering the Property, after the deduction of Beneficiary's expenses incurred in the collection of such amounts, at Beneficiary's option, subject to the requirements of applicable law and the provisions hereof, to restoration or repair of the Property or to payment of the sums secured by this Deed of Trust. Beneficiary shall be under no obligation to question the amount of any compensation, awards, proceeds, damages, claims, rights of action, and payments relating to condemnation or other taking of the Property or insured casualty affecting the Property, and may accept the same in the amount in which the same shall be paid. Trustor shall execute such further evidence of assignment of any awards, proceeds damages or claims arising in connection with such condemnation or taking or such insurance as Beneficiary may require.

16. Severability. If any one or more of the provisions contained in this Deed of Trust shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this Deed of Trust, but this Deed of Trust shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein or therein, but only to the extent of such invalidity.

17. Estoppel Certificate. Trustor shall, within ten (10) days of a written request from Beneficiary, furnish Beneficiary with a written statement, duly acknowledged, setting forth the sums secured by this Deed of Trust and any right of set-off, counterclaim or other defense which exists against such sums and the obligations of this Deed of Trust.

18. Due-On-Sale or Encumbrance. If all or any part of the Property, or any interest therein, or any beneficial interest in Trustor (if Trustor is not a natural person or persons but is a corporation, partnership, trust, limited liability company or other legal entity), is sold, transferred, mortgaged, assigned, pledged, or further encumbered, whether directly or indirectly, whether voluntarily or involuntarily or by operational law, Beneficiary may, at Beneficiary's option invoke any remedies permitted by this Deed of Trust.

Attachment 3
5 Error! Unknown document property name.

DO NOT SIGN
The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to Trustor at Trustor's address hereinbefore set forth.

TRUSTOR:

By:

Name:

By: ________________________________
Name: _____________________________

DO NOT SIGN

Error! Unknown document property name.

Exhibit A
Situated in the State of California, City of Brentwood, County of Contra Costa, and described as follows:
[insert legal description]

Attachment 4
Error! Unknown document property name.

ATTACHMENT 4

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Brentwood
150 City Park Way
Brentwood, California 94513
Attn: City Clerk
(Space Above This Line for Recorder's Use Only)
[Exempt from recording fee per Gov. Code § 27383]
REQUEST FOR NOTICE UNDER SECTION 2924B CIVIL CODE
In accordance with Section 2924b, Civil Code, request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale under the Deed of Trust recorded as Instrument No. on , , in the Official Records of Contra Costa County,
California, and describing land therein as:
executed by
, as Trustor, in which
is named as Beneficiary, and
, as Trustee, be mailed to the City of Brentwood, 150 City Park Way, Brentwood, California 94513, Attn:

By:

Name:

NOTICE: A COPY OF ANY NOTICE OF DEFAULT AND OF ANY NOTICE OF SALE WILL BE SENT ONLY TO THE ADDRESS CONTAINED IN THIS RECORDED REQUEST.

IF YOUR ADDRESS CHANGES, A NEW REQUEST MUST BE RECORDED.

ATTACHMENT 5
Notice of Intent to Transfer
VIA CERTIFIED MAIL – RETURN RECEIPT REQUESTED
To: City of Brentwood
150 City Park Way
Brentwood, CA 94513
Attn: Housing Manager
Date:

Re: Notice of Intent to Transfer
The undersigned Owner(s), ,
hereby give(s) notice of his/her/their intent to transfer the property located at , Brentwood, California (the “Property”). Owner may be contacted at the Property or at the following address:

Owner’s daytime telephone number is ( )
The proposed transfer of the Property is to the following person(s):

Name:

Address:

Telephone: ( )
The proposed transfer is (check one):
 Sale
 Other Specify:

Owner(s) signature(s):

DO NOT SIGN

DO NOT SIGN

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING AN AFFORDABLE HOUSING

AGREEMENT BETWEEN THE CITY OF BRENTWOOD AND WCHB

DEVELOPMENT, LLC FOR THE STONEBROOK AT BRIDLE GATE
(SUBDIVISION 9586) PROJECT AND AUTHORIZING THE CITY

MANAGER TO SIGN THE AGREEMENT AND SUCH OTHER

DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE

TRANSACTION
WHEREAS, on April 28, 2020, the City Council adopted Ordinance No. 1014, an Ordinance of the City Council of the City of Brentwood approving an amendment to the Affordable Housing Program, which became effective on May 28, 2020; and WHEREAS, the application for the Stonebrook at Bridle Gate (Subdivision 9586) project was deemed complete in October 2021, therefore, subject to Affordable Housing Ordinance No. 1014; and
WHEREAS, Ordinance No. 1014 requires developers of residential developments of five (5) or more lots to fulfill an affordable housing obligation of 10% of the total number of dwelling units as affordable units; and WHEREAS, Ordinance No. 1014 requires an allocation of affordable units to income levels at three percent (3%) Moderate Income, four percent (4%) Low Income, and three percent (3%) Very Low Income; and
WHEREAS, a Condition of Approval for Subdivision 9586 requires WCHB Development, LLC (the “Developer”) to comply with the City of Brentwood Affordable Housing Program; and
WHEREAS, on February 23, 2026, the Land Use and Development Committee (LUDC) reviewed the affordable housing obligation for Subdivision 9586 and recommended that City Council authorize the City Manager to execute an affordable housing agreement with the City of Brentwood and WCHB Development, LLC; and WHEREAS, the Developer has not applied for a density bonus or requested any concessions or waivers; and
WHEREAS, the Developer has elected to provide twenty-seven (27) affordable units consisting of eight (8) units for moderate-income households, five (5) units for low-income households and fourteen (14) units for very low-income households ; and WHEREAS, the five (5) units for low-income households combined with six (6) of the fourteen (14) units for very low-income households would meet the requirement for eleven (11) low-income units; and

WHEREAS, eight (8) of the fourteen (14) units for very low-income households would fulfill the very low-income requirements, and six (6) of the fourteen (14) units for very low-income households would count towards fulfilling the lowincome requirement; and WHEREAS, condition of approval number 21 in City Council Resolution No. 2024-131 requires the Developer to satisfy their affordable housing obligation by building the twenty-seven (27) affordable units, and selling the units to income qualifying households in accordance with the requirements, including, but not limited to, the affordability levels set forth in Affordable Housing Ordinance No. 1014.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager to execute:
1) An Affordable Housing Agreement with WCHB Development, LLC, in a form substantially similar to that attached hereto, subject to minor revisions approved by the City Attorney,
2) The exhibits attached to the Affordable Housing Agreement, subject to minor revisions approved by the City Attorney, and
3) Such other documents as may be required to ensure the transfer of the affordable units in accordance with the terms of the Affordable Housing Agreement and subsequent compliance therewith.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 31st day of March 2026 by the following vote:

CITY COUNCIL AGENDA ITEM NO. F.13
03/31/2026
SUBJECT: Informational Report on Final Map of Subdivision No. 9649, Orchard Grove North project developed by Shea Homes, Limited Partnership (LP)
DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Heather Silfies, Engineering Services Supervisor
Amanda Muniz, Administrative Technician

TITLE/RECOMMENDATION
Receive and file an Informational Report on the City Manager’s approval of the Final Map for Subdivision No. 9649, Orchard Grove North, developed by Shea Homes, LP, located east of Adams Lane, directly north of the intersection of Lone Oak Road and Gracie Lane (APN 016-040-012).

FISCAL IMPACT
This report is informational only and does not authorize expenditures.

BACKGROUND
When a developer seeks to subdivide property into multiple parcels for sale to different owners, the developer first must seek City approval of a tentative map. The tentative map is then approved subject to various conditions (Conditions of Approval) that the City imposes on the project. A second step in the process requires the approval of a final map before the tentative map expires.

Final maps must be prepared by a licensed land surveyor or certain registered engineers. Like tentative maps, final maps include a host of information including survey data, the numbering or lettering of each parcel within the subdivision, the identification of any public streets or easements, the dedication of land or easements where required, and the exterior boundaries of the subdivision.

The City Engineer then reviews the final map and ensures that:
 the subdivision shown on it is substantially the same as that which the City previously authorized through approval of the tentative map (or that it includes any approved alterations), and

CITY COUNCIL AGENDA ITEM NO. F.13
03/31/2026
 all relevant state and local laws regarding subdivisions have been met (including those in the Subdivision Map Act and Brentwood Municipal Code), and the map is technically correct.

Once this review is finished, the City Engineer signs a certification of these findings and sends the certified final map to the City Manager, who must formally approve or disapprove the map. After the City Engineer signs the map certification, the law says that the City Manager’s approval is ministerial, which means no discretion can be applied, and the City Council is informed of the final map’s approval.

In accordance with the Subdivision Map Act (Government Code Section 66462(d)) and Brentwood Municipal Code Section 16.166.010, any required improvements, such as sidewalks or public streets, that will not be built by the time of final map approval, must be addressed by the developer agreeing to either (a) enter into a subdivision improvement agreement under which the developer agrees to complete this work itself, or (b) take other steps to ensure the improvements are finished. The Brentwood Municipal Code authorizes the City Manager to sign subdivision improvements agreements.

This last step of the map process is the subject matter of this agenda item. In compliance with the Subdivision Map Act (Government Code Section 66458(d)) and Brentwood Municipal Code Section 16.165.010, the Orchard Grove North project Final Map and associated Subdivision Improvement Agreement have been approved.

Tentative Subdivision Map No. 9649, upon which this Final Map is based, was approved by City Council Resolution No. 2024-90, on August 13, 2024.

This Final Map has been checked for conformance with the approved Tentative Subdivision Map and dedications for the appropriate roadways, parcels and easements have been offered. This subdivision consists of 34 single-family residential units and one parcel for a stormwater treatment basin.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Not Applicable.

CITY COUNCIL AGENDA ITEM NO. F.13
03/31/2026

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
Not Applicable.

ATTACHMENT(S)

1. Site Map

2. Approved Final Map

TENAYA DR

CAYENNE DR

FREMONT PEAK DR HUNTINGTON PL CROWLEY CT

TENAYA CT

OHARA AVE

HEMET CT

CAYENNE CT

CLARKSBURG PL

GRANT ST

GRACIE LN

ADAMS LN

LONE OAK R D
Final Map
Orchard Grove North Subdivision No. 9649
Developed by Shea Homes, LP
-
Docum ent Path: W:\mxd\Staff R eport Maps\9649 Final Map.m xd 9649

1 SURVEYOR'S STATEMENT

RECORDER'S STATEMENT

CLERK OF THE BOARD OF SUPERVISORS

STATEMENT
SUBDIVISION 9649
CONSISTING OF 8 SHEETS

BEING A SUBDIVISION OF PARCEL A,
AS SHOWN ON PARCEL MAP (MS 352 - 24)
RECORDED AS 224 PM 29, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
NOVEMBER 2025

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
ORCHARD GROVE PHASE 2
JOB NO. 3170-010 SHEET OF 8

OWNER'S STATEMENT

OWNER'S ACKNOWLEDGMENT

OWNER'S ACKNOWLEDGMENT

2 SOILS REPORT

CITY ENGINEER'S STATEMENT
SIGNATURE OMISSION NOTE:

CITY COUNCIL STATEMENT

CERTIFICATE OF DEDICATION FOR SAME PUBLIC

PURPOSE

CITY MANAGER'S STATEMENT

CITY SURVEYOR'S STATEMENT
SUBDIVISION 9649
CONSISTING OF 8 SHEETS

BEING A SUBDIVISION OF PARCEL A,
AS SHOWN ON PARCEL MAP (MS 352 - 24)
RECORDED AS 224 PM 29, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
NOVEMBER 2025

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
ORCHARD GROVE PHASE 2
JOB NO. 3170-010 SHEET OF 8

TITLE NOTES
G. Harold Duffey
G. Harold Duffey

LONE OAK ROAD DADE DRIVE

GRANT STREET LONE OAK ROAD

TRELLIS WAY

HUMMINGBIRD WAY BLUEJAY DRIVE ADAMS LANE LONE OAK ROAD
100'

GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
3 SUBDIVISION 9649
SCALE: 1" =
CONSISTING OF 8 SHEETS

BEING A SUBDIVISION OF PARCEL A,
AS SHOWN ON PARCEL MAP (MS 352 - 24)
RECORDED AS 224 PM 29, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
NOVEMBER 2025

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
ORCHARD GROVE PHASE 2
BASIS OF BEARINGS:

LEGEND
REFERENCES:

JOB NO. 3170-010 SHEET OF 8
NOTES:

DETAIL A

ADAMS LANE LONE OAK ROAD

HUMMINGBIRD WAY
7 6 5 LONE OAK ROAD
52 53
54 55 64 63 62 61 60 59 58 57 56
68 69 70 71 72 73 74 75 76
85 84 83 82 81 80 79 78 77
67 66
65 PARCEL A BLUEJAY DRIVE FREESTONE DRIVE

MCCOY LANE

ADAMS LANE

HUMMINGBIRD WAY
60'

GRAPHIC SCALE
60' 0' 30' 60' 120' 240'
5 4
BASIS OF BEARINGS: LEGEND
NOTES:

REFERENCES:

JOB NO. 3170-010 SHEET OF 8
SUBDIVISION 9649
SCALE: 1" =
CONSISTING OF 8 SHEETS

BEING A SUBDIVISION OF PARCEL A,
AS SHOWN ON PARCEL MAP (MS 352 - 24)
RECORDED AS 224 PM 29, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
NOVEMBER 2025

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
ORCHARD GROVE PHASE 2

LONE OAK ROAD

HUMMINGBIRD WAY

LONE OAK ROAD

DEDICATION
56 54
55 77
75 78
76 52
53 PARCEL A
57 MCCOY LANE BLUEJAY DRIVE
HUMMINGBIRD WAY SEE SHEET 6
30'

GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
JOB NO. 3170-010 SHEET OF 8 5
SUBDIVISION 9649
SCALE: 1" =
CONSISTING OF 8 SHEETS

BEING A SUBDIVISION OF PARCEL A,
AS SHOWN ON PARCEL MAP (MS 352 - 24)
RECORDED AS 224 PM 29, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
NOVEMBER 2025

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
ORCHARD GROVE PHASE 2
JOB NO. 3170-010 SHEET OF 8
LEGEND
NOTES:

REFERENCES:

BASIS OF BEARINGS:

HUMMINGBIRD WAY
62 61 60 59 58
70 71 72 73 74
83 82 81 80 79
69 84

MCCOY LANE
HUMMINGBIRD WAY SEE SHEET 5 SEE SHEET 7
30'

GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
JOB NO. 3170-010 SHEET OF 8 6
SUBDIVISION 9649
SCALE: 1" =
CONSISTING OF 8 SHEETS

BEING A SUBDIVISION OF PARCEL A,
AS SHOWN ON PARCEL MAP (MS 352 - 24)
RECORDED AS 224 PM 29, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
NOVEMBER 2025

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
ORCHARD GROVE PHASE 2
JOB NO. 3170-010 SHEET OF 8
LEGEND
BASIS OF BEARINGS:

NOTES:

REFERENCES:

ADAMS LANE

HUMMINGBIRD WAY

ADAMS LANE DEDICATION
68 85
67 66
65 64 63

MCCOY LANE
HUMMINGBIRD WAY HUMMINGBIRD WAY FREESTONE DRIVE SEE SHEET 6 30'

GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
JOB NO. 3170-010 SHEET OF 8 7
SUBDIVISION 9649
SCALE: 1" =
CONSISTING OF 8 SHEETS

BEING A SUBDIVISION OF PARCEL A,
AS SHOWN ON PARCEL MAP (MS 352 - 24)
RECORDED AS 224 PM 29, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
NOVEMBER 2025

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
ORCHARD GROVE PHASE 2
JOB NO. 3170-010 SHEET OF 8
LEGEND
BASIS OF BEARINGS:

DETAIL B
NOTES:

REFERENCES:

8 SUBDIVISION 9649
CONSISTING OF 8 SHEETS

BEING A SUBDIVISION OF PARCEL A,
AS SHOWN ON PARCEL MAP (MS 352 - 24)
RECORDED AS 224 PM 29, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
NOVEMBER 2025

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
ORCHARD GROVE PHASE 2
JOB NO. 3170-010 SHEET OF 8

ADDITIONAL INFORMATION SHEET
NOTES

CITY COUNCIL AGENDA ITEM NO. F.14
03/31/2026
SUBJECT: Notice of Completion for Sandstone Environmental Engineering, Inc. for the Water Line Improvement – Kent Drive Project, CIP Project No. 562-56421
DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Angel Abarca, Senior Engineer

TITLE/RECOMMENDATION
Adopt a Resolution accepting the work performed by Sandstone Environmental Engineering, Inc. (“Contractor”) for the Water Line Improvement – Kent Drive, CIP Project No. 562-56421 (“Project”); and directing the City Clerk to file a Notice of Completion with the County Recorder.

A Notice of Exemption was filed with the County Recorder on April 2, 2025.

FISCAL IMPACT
The total contract amount for the work performed by the Contractor is as follows:

Contractor Final Contract Amount Council Approved Amount (Including Contingency)
Sandstone
Environmental
Engineering, Inc.
$290,603.90 $327,083.00
The final cost is approximately 11% below the City Council approved amount for this contract. This Project is funded by the Water Enterprise Fund and Water Development Impact Fee Fund.

BACKGROUND
The Project was identified by the City’s 2017 Water Master Plan to improve the water distribution system operation and efficiency. The limits of the Project are located on Kent Drive between Grenadier Way and Tayberry Lane within the Summerset II residential community.

CITY COUNCIL AGENDA ITEM NO. F.14
03/31/2026
The Project scope of work included:
 Installation of 600 linear feet of new 8-inch diameter water main along Kent Drive
 Replacement of existing water services
 Installation of water valves and appurtenances
 Pavement restoration and associated striping improvements Construction commenced on September 22, 2025, and was completed on February 5, 2026 in accordance with the contract documents. Therefore, staff is recommending that the City Council accept the work performed by the Contractor, and direct the City Clerk to file a Notice of Completion with the County Recorder in accordance with California Civil Code section 9200 et seq.

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
This Project was determined to be categorically exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction), as it involved the replacement of existing utility infrastructure with no expansion of capacity. A Notice of Exemption was filed with the County Recorder on April 2, 2025, per 14 CCR § 15062.

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation.

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

CITY COUNCIL AGENDA ITEM NO. F.14
03/31/2026

ATTACHMENT(S)

1. Previous Action

2. Photographs

3. Resolution

4. Notice of Completion

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

On March 28, 2024, by Resolution No. 2024-56, the City Council adopted the 2024/25 – 2028/29 Capital Improvement Program, which included the Project.

On May 13, 2025, by Resolution No. 2025-43, the City Council approved the contract documents, awarded the bid and authorized the City Manager or designee to execute a construction contract and necessary documents for the Water Line Improvement – Kent Drive Project, CIP Project No. 562-56421 with Sandstone Environmental Engineering Inc., as the lowest responsible and responsive bidder, in the amount of $284,420, plus funding authorization for a 15% contingency of $42,663, for a total funding authorization not-to-exceed amount of $327,083.

On July 22, 2025, by Resolution No. 2025-82, the City Council adopted the 2025/26 – 2029/30 Capital Improvement Program, which included the Project.

Acceptance of Water Line Improvement – Kent Drive Project CIP Project No. 562-56421

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD ACCEPTING THE WORK PERFORMED BY
SANDSTONE ENVIRONMENTAL ENGINEERING, INC. FOR THE
WATER LINE IMPROVEMENT – KENT DRIVE, CIP PROJECT NO.
562-56421; AND DIRECTING THE CITY CLERK TO FILE A NOTICE

OF COMPLETION WITH THE COUNTY RECORDER
WHEREAS, on May 28, 2024, by Resolution No. 2024-56, the City Council adopted the 2024/25 – 2028/29 Capital Improvement Program, which included the Project; and
WHEREAS, on May 13, 2025, by Resolution No. 2025-43, the City Council approved the contract documents, awarded the bid and authorized the City Manager or designee to execute a construction contract and necessary documents for the Water Line Improvement – Kent Drive, CIP Project No. 562-56421 with Sandstone Environmental Engineering, Inc., as the lowest responsible and responsive bidder, in the amount of $284,420, plus funding authorization for a 15% contingency of $42,663, for a total funding authorization not-to-exceed amount of $327,083; and WHEREAS, on July 22, 2025, by Resolution No. 2025-82, the City Council adopted the 2025/26 – 2029/30 Capital Improvement Program, which included the Project; and
WHEREAS, the Water Line Improvement – Kent Drive Project (“Project”) was identified by the City’s 2017 Water Master Plan to improve the water distribution system operation and efficiency; and
WHEREAS, the limits of the Project are located on Kent Drive between Grenadier Way and Tayberry Lane within the Summerset II residential community; and
WHEREAS, the scope of work included the installation of 600 linear feet of new 8-inch diameter water main, replacement of existing water services, installation of water valves and appurtenances, and pavement restoration and associated striping improvements along Kent Drive; and
WHEREAS, the Contractor completed all improvements on February 5, 2026, in substantial conformance with the approved plans and specifications; and WHEREAS, the City Engineer has determined that the work has been satisfactorily completed; and
WHEREAS, staff is recommending that the work performed by the Contractor be accepted, and the Notice of Completion be filed with the County Recorder.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby accept the work performed by Sandstone Environmental Engineering, Inc. for the Water Line Improvement – Kent Drive Project, CIP Project No. 562-56421; and directs the City Clerk to file a Notice of Completion with the County Recorder.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 31st day of March 2026 by the following vote:

Water Line Improvement – Kent Drive Project NOTICE OF COMPLETION CIP Project No. 562- 56421 CA 09-15-21 Page 1
Recording Requested By:

City of Brentwood
When Recorded Mail To:

City Clerk
City of Brentwood
150 City Park Way
Brentwood, CA 94513

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§ 6103, 27383
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

NOTICE OF COMPLETION
Civil Code §§ 8182, , 9204, and 9208
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is the agent of the owner of the Project described below.

2. Owner’s full name is City of Brentwood (“City”).

3. City’s address is 150 City Park Way, Brentwood, CA 94513.

4. The nature of City’s interest in the Project is:

X Fee Ownership __ Lessee __ Other:__________________

5. Construction work on the Project performed on City’s behalf is generally described as follows: Water Line Improvement – Kent Drive Project, CIP Project No. 562-56421.

6. The name of the original Contractor for the Project is: Sandstone Environmental Engineering, Inc.

7. The Project was accepted as complete on: March 31, 2026.

8. The Project is located in Brentwood, CA 94513 as follows: installation of 600 linear feet of new 8-inch diameter water main, replacement of existing water services, installation of water valves and appurtenances, and pavement restoration and associated striping improvements.

Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. __________________________ ________________________________ Date Amanda McVey, City Clerk
City of Brentwood, California

EXEMPT FROM NOTARY ACKNOWLEDGMENT REQUIREMENTS PER
GOVERNMENT CODE § 27287 AND CIVIL CODE § 9208

CITY COUNCIL AGENDA ITEM NO. G.1
03/31/2026
SUBJECT: Approve a 2026 Public Art and Design Academy MOU and Project and Amend the 2025/26 Operating Budget
DEPARTMENT: Parks and Recreation
STAFF: E. Harith Aleem, Parks and Recreation Director
Thien Nguyen, Recreation Manager
Lindsay Pinell, Recreation Supervisor

TITLE/RECOMMENDATION
Adopt a Resolution that: 1) approves a Memorandum of Understanding (“MOU”) between the City of Brentwood and Liberty Union High School District (“District”) regarding the Public Art and Design Academy (PADA) in the amount of $8,500; 2) amends the FY 2025/26 Operating Budget, by increasing the Public Art Acquisition Fund Operating Budget by $8,500 for the cost to prime, prep and paint six (6) utility boxes and increasing the Public Art Administration Fund Operating Budget by $2,500 for a ribbon cutting ceremony; and 3) authorizes the Director of Parks and Recreation to execute the MOU and to make minor non-substantive revisions to it, as approved by the City Attorney.

FISCAL IMPACT
If approved, funding for project costs will be provided through the Public Art Acquisition Fund and the Public Art Administration Fund. An amendment to the Fiscal Year 2025/26 Operating Budget will be required to accommodate the MOU expenditures. The total estimated MOU cost is $8,500, which includes materials and artist compensation.

Additionally, staff request an increase of $2,500 to the 2025/26 Public Art Administration Fund Operating Budget to support costs associated with a singleribbon cutting event. This approach consolidates recognition activities into one ceremonial event at the Brentwood Community Center rather than hosting six separate ceremonies at individual utility box locations. The requested funds will cover supplies such as printed posters of each completed utility box design for display at the event.

CITY COUNCIL AGENDA ITEM NO. G.1
03/31/2026
The total budget amendment for this item is $11,000, including $8,500 from the Public Art Acquisition Fund and $2,500 from the Public Art Administration Fund.

Including the requested amendments above, as well as amendments requested in a separate agenda item presented tonight, the June 30, 2026 projected fund balance in the Public Art Acquisition Fund is $3,236,751 and in the Public Art Administration Fund is $1,061,095. The Public Art Acquisition and Public Art Administration Funds consists of in-lieu fees collected for the acquisition, construction, and administration of Public Art and may only be used for public art projects and related program administration, including community engagement and recognition activities.

BACKGROUND
The History of PADA and the City of Brentwood
The Liberty High School Public Art and Design Academy (PADA) promotes visual arts as a hobby, lifestyle, and career pathway for aspiring high school students. PADA’s mission is to help students explore creative expression, develop artistic and presentation skills, and prepare for post-secondary opportunities.

Each school year, the City of Brentwood partners with PADA through an MOU to complete a public art project. The Arts Commission provides feedback to the students regarding project scope and location, and ultimately selects a design to recommend to the City Council for approval.

In 2012, the Arts Commission recommended partnering with Liberty High School’s Arts and Humanities Academy, now known as PADA, to create five agricultural themed designs for the launch of the City of Brentwood’s Utility Box Mural Project.

The selected designs and their locations were:
 Strawberries – Brentwood Boulevard and 2nd Street
 Corn - Brentwood Boulevard and Oak Street
 Cherries – Walnut Boulevard and Oak Street
 Peaches – 2
nd Street and Maple Street
 Pumpkins – 2
nd Street and Pine Street
2026 PADA Project
This year’s proposal includes refreshing the same five utility boxes located near Liberty High School that were part of the original 2012 project, with an expanded scope to include a sixth utility box based on Arts Commission direction. PADA

CITY COUNCIL AGENDA ITEM NO. G.1
03/31/2026
instructors have expressed interest in continuing an agricultural theme while providing current students the opportunity to create new, original artwork.

In October, PADA presented twenty-four design concepts to the Arts Commission.

The Arts Commission selected six designs for the students to refine and reproduce at a larger scale for further review with the intent of narrowing the selection to five designs. In February 2026, the six refined designs were presented to the Arts Commission for final consideration. After additional review and discussion, the Arts Commission approved all six designs and determined that a sixth utility box should be included. This adjustment expanded the scope from the original five utility boxes to a total of six.

The six approved designs are:
 Farmers Market
 Pomegranate Tree
 Blooming Day
 Blooming Night
 Culture
 Mount Diablo
Staff recommends the City Council receive and discuss the proposed designs for the 2026 PADA Utility Box Project.

Possible direction from the City Council may include:

1. Adopt a Resolution (1) approving a Memorandum of Understanding (“MOU”) between the City of Brentwood and Liberty Union High School District (“District”) regarding the Public Art and Design Academy (PADA) in the amount of $8,500, (2) amending the FY 2025/26 Operating Budget, by increasing the Public Art Acquisition Fund by $8,500 for the cost to prime, prep and paint six (6) utility boxes and increase the Public Art Administration Fund by $2,500 for a ribbon cutting ceremony and, (3) authorizing the Director of Parks and Recreation to execute the MOU and make minor non-substantive revisions to it, as approved by the City Attorney.

2. Preserve the existing artwork on the current utility boxes and identify six new locations for the PADA designs.

3. Direct staff to return with additional information prior to proceeding with the project.

CITY COUNCIL AGENDA ITEM NO. G.1
03/31/2026

PREVIOUS ACTION
Not Applicable.

ATTACHMENT(S)

1. Resolution

2. Memorandum of Understanding Draft

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD: (1) APPROVING A MEMORANDUM OF
UNDERSTANDING (“MOU”) BETWEEN THE CITY OF

BRENTWOOD AND LIBERTY UNION HIGH SCHOOL DISTRICT
(“DISTRICT”) REGARDING THE PUBLIC ART AND DESIGN
ACADEMY (“PADA”) IN THE AMOUNT OF $8,500; (2) AMENDING
THE FY 2025/26 OPERATING BUDGET, BY INCREASING THE

PUBLIC ART ACQUISITION FUND OPERATING BUDGET BY
$8,500 FOR THE COST TO PRIME, PREP AND PAINT SIX (6)

UTILITY BOXES AND INCREASING THE PUBLIC ART
ADMINISTRATION FUND OPERATING BUDGET BY $2,500 FOR A
RIBBON CUTTING CEREMONY AND, (3) AUTHORIZING THE

DIRECTOR OF PARKS AND RECREATION OR DESIGNEE TO

EXECUTE THE MOU AND TO MAKE MINOR NON-SUBSTANSIVE

REVISIONS TO IT AS APPROVED BY THE CITY ATTORNEY
WHEREAS, the City desires to support the Liberty Union High School’s Public Art and Design Academy (the “Academy”) through the available public art acquisition fund; and
WHEREAS, the Arts Commission has recommended to the City Council the painting of six utility boxes in the City of Brentwood, CA; and WHEREAS, the six utility boxes will be located at the corners of 1) Brentwood Boulevard and 2nd Street, 2) Brentwood Boulevard and Oak Street, 3) Walnut Boulevard and Oak Street, 4) 2nd Street and Maple Street, 5) 2nd Street and Pine Street and 6) Central Boulevard and Sycamore Avenue; and WHEREAS, the painted utility boxes are intended to refresh utility boxes that were painted by a previous PADA class in 2012, while maintaining an agricultural theme and providing current students the opportunity to develop new, original artwork; and
WHEREAS, on November 12, 2014, City Council adopted Resolution 2014- 170, approving an MOU between the City and the District regarding the PADA murals at the cost of $10,463.64, amending the FY 2014/15 Operating Budget by increasing the Public Art Acquisition Fund by $10,463.64 and authorizing the City Manager to execute the MOU and make minor technical revisions to it in consultation with the City Attorney; and
WHEREAS, on October 27, 2015, City Council adopted Resolution 2015-161, approving an MOU between the City the District regarding the PADA mosaic sculptures at the cost of $16,728, amending the FY 2015/16 Operating Budget by increasing the Public Art Acquisition Fund by $16,728 and authorizing the City

Manager to execute the MOU and make minor technical revisions to it in consultation with the City Attorney; and
WHEREAS, on November 15, 2016, City Council adopted Resolution 2016- 156, approving an MOU between the City and the District regarding the PADA mixed media mural at the cost of $11,892, amending the FY 2016/17 Operating Budget by increasing the Public Art Acquisition Fund by $11,892 and authorizing the City Manager to execute the MOU and make minor technical revisions to it in consultation with the City Attorney; and
WHEREAS, on November 14, 2017, City Council adopted Resolution 2017- 145, approving a Memorandum of Understanding between the City of Brentwood and the Liberty Union High School District regarding the Public Art and Design Academy mural at the cost of $14,746, amending the FY 2017/18 Operating Budget by increasing the Public Art Acquisition Fund by $14,746 and authorizing the City Manager to execute the MOU and make minor technical revisions to it in consultation with the City Attorney; and
WHEREAS, on November 13, 2018, City Council adopted Resolution 2018- 147, approving a Memorandum of Understanding between the City of Brentwood and the Liberty Union High School District regarding the Public Art and Design Academy mural at the cost of $9,434, amending the FY 2018/19 Operating Budget by increasing the Public Art Acquisition Fund by $9,434 and authorizing the Director of Parks and Recreation to execute the MOU and make minor technical revisions to it in consultation with the City Attorney; and
WHEREAS, on January 28, 2020, City Council adopted Resolution 2020-08, approving a Memorandum of Understanding between the City of Brentwood and the Liberty Union High School District regarding the Public Art and Design Academy mural at the cost of $4,819, amending the FY 2019/20 Operating Budget by increasing the Public Art Acquisition Fund by $4,819 and authorizing the Director of Parks and Recreation to execute the MOU and make minor technical revisions to it in consultation with the City Attorney; and
WHEREAS, on February 9, 2021, City Council adopted Resolution 2021-21, approving a Memorandum of Understanding between the City of Brentwood and the Liberty Union High School District regarding the Public Art and Design Academy mural at the cost of $12,299, amending the FY 2020/21 Operating Budget by increasing the Public Art Acquisition Fund by $12,229, and authorizing the Director of Parks and Recreation to execute the MOU and make minor technical revisions to it in consultation with the City Attorney; and
WHEREAS, on February 8, 2022, City Council adopted Resolution 2022-21, approving a Memorandum of Understanding between the City of Brentwood and the Liberty Union High School District regarding the Public Art and Design Academy mural at the cost of $10,426, amending the FY 2021/22 Operating Budget by increasing the Public Art Acquisition Fund by $10,426, and authorizing the Director of Parks and

Recreation to execute the MOU and make minor technical revisions to it in consultation with the City Attorney; and
WHEREAS, on April 11, 2023, City Council adopted Resolution 2023-43, approving a Memorandum of Understanding between the City of Brentwood and the Liberty Union High School District regarding the Public Art and Design Academy mural at the cost of $3,513, amending the FY 2022/23 Operating Budget by increasing the Public Art Acquisition Fund by $3,513, and authorizing the Director of Parks and Recreation or designee to execute the MOU and make minor technical revisions to it in consultation with the City Attorney; and
WHEREAS, on January 23, 2024, City Council adopted Resolution 2024-07, approving a Memorandum of Understanding between the City of Brentwood and the Liberty Union High School District regarding the Public Art and Design Academy sculpture at the cost of $20,272, amending the FY 2023/24 or FY 2024/25 Operating Budget, depending on the timing of the PADA project, by increasing the Public Art Acquisition Fund by $20,272, and authorizing the City Manager or designee to execute the MOU and make non-substantive revisions to it in consultation with the City Attorney; and
WHEREAS, on October 22, 2024, City Council adopted Resolution 2024-113, 1) approving a Memorandum of Understanding between the City of Brentwood and the Liberty Union High School District regarding the Public Art and Design Academy sculpture at the cost of $18,630; 2) amending the FY 2024/25 or FY 2025/26 Operating Budget, by increasing the Public Art Acquisition Fund by $23,630 for the cost to build the artwork and for City staff to transport, install and complete landscaping of the project; and 3) authorizing the City Manager or designee to execute the MOU and make non-substantive revisions to it in consultation with the City Attorney; and
WHEREAS, the City and the District desire to memorialize their relationship regarding the six painted utility boxes for Fiscal Year 2025/26 in an MOU to set forth their respective roles and obligations.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby resolve as follows:
(1) approving a memorandum of understanding (“MOU”) between the City of Brentwood and Liberty Union High School District (“district”) regarding the Public Art and Design Academy (“PADA”) in the amount of $8,500; (2) amending the FY 2025/26 operating budget, by increasing the Public Art Acquisition fund Operating Budget by $8,500 for the cost to prime, prep and paint six (6) utility boxes and increasing the Public Art Administration Fund Operating Budget by $2,500 for a ribbon cutting ceremony and, (3) authorizing the director of parks and recreation or designee to execute the MOU and to make minor non-substantive revisions to it as approved by the City Attorney.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 31st day of March 2026 by the following vote:

1 MEMORANDUM OF UNDERSTANDING

BETWEEN LIBERTY UNION HIGH SCHOOL DISTRICT

AND THE CITY OF BRENTWOOD
This Memorandum of Understanding (“MOU”) is entered this ____ day of _________, 2026 (“Effective Date”), by and between Liberty Union High School District (“District”) and the City of Brentwood, a municipal corporation of the State of California (“City”) (each a “Party” and collectively, the “Parties”.)

RECITALS
A. The City desires to support the District’s Public Art and Design Academy through the available public art acquisition fund.

B. The City desires six utility boxes to be painted in Brentwood, CA (“Project”) by the students of the Public Art and Design Academy of Liberty High School.

C. The painted utility boxes are intended to refresh utility boxes that were painted by a previous PADA class in 2012, while maintaining an agricultural theme and providing current students the opportunity to develop new, original artwork.

D. The Parties desire to memorialize their relationship in this MOU and to set forth their respective roles and obligations related to the City’s support of the Project.

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

1. Responsibilities of the District. Along with the terms and conditions of this MOU, the District agrees to be responsible for and complete those items set forth in the attached Exhibit B, which is incorporated herein by this reference.

2. Responsibilities of the City. Along with the terms and conditions of this MOU, the City agrees to be responsible for and complete those items set forth in the attached Exhibit C, which is incorporated herein by this reference.

3. Relationship of the Parties. It is understood that this is an MOU by and between independent contractor(s) and is not intended to, and will not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of independent contractor.

4. Term. This MOU will commence on the Effective Date and, unless extended or terminated earlier pursuant to this MOU, will terminate August 31, 2026.

5. Indemnity. To the fullest extent permitted by law, City will defend, indemnify and hold the District, its officers, agents and employees, harmless from any and all loss, damage, claims, demands, liability, expense or cost, including reasonable attorneys’ fees, which arises out of, or is in any way connected with the performance of the services by City or any of City’s employees, agents or subcontractors, notwithstanding that the District may have benefited from their services, except to the extent caused by the sole negligence or willful misconduct of the District.

2 To the fullest extent permitted by law, the District will defend, indemnify and hold City, its officers, agents and employees, harmless from any and all loss, damage, claims, demands, liability, expense or cost, including reasonable attorneys’ fees, which arises out of, or is in any way connected with the performance of the services by the District or any of the District’s employees, agents or subcontractors, notwithstanding that City may have benefited from their services, except to the extent caused by the sole negligence or willful misconduct of the City.

The duty of the Parties to indemnify and save harmless as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code. This Section 5 will survive the expiration of this MOU.

6. Insurance. Each Party will maintain comprehensive general liability insurance in the amount of two million dollars ($2,000,000) combined single limit to protect the Parties, their officers, employees and agents against claims for bodily injury, and property damage arising from each Party’s participation in the activities described herein. The form of such insurance will be satisfactory to each Party and may include self-insurance at levels acceptable to the Parties. Each Party’s policy or policies will name the other Party as additional insured. To the extent commercially available, each Party shall name the other Party as an additional insured; however, this requirement may be satisfied through participation in a joint powers authority or risk pool. This Section 6 will survive the expiration of this MOU.

7. Ownership Rights.

A. Copyrights.
1) Students and/or their parent or legal guardian (“Students”) and District shall retain all copyrights in and to any work(s) created under this MOU, provided that Students grant to City, by separate instrument, an irrevocable license to graphically depict the work for any non-commercial purpose whatsoever. For the purposes of this limitation, the graphic depiction of the work(s) on materials designed to promote City shall be deemed to be a non-commercial use. City shall not be responsible for any third party infringement of Students’ or District’s copyright. City reserves the right to post the Project art on the City of Brentwood’s website and in marketing publications. 2) If for any reason the Project, or any portion thereof, is not implemented, all rights to the proposed work shall be retained by Students and District. 3) District agrees that all work performed under this MOU shall comply with all applicable patent, trademark and copyright laws, rules, regulations and codes of the State of California and the United States. District hereby represents and warrants that the work does not, and District has not and will not, utilize any photographs, patent, trademark or copyright in performance under this MOU unless and until District has obtained proper permission and all releases and other necessary documents. If District specifies any material, equipment, process or procedure which is protected, District shall disclose such patents, trademarks and copyrights in the construction drawings and technical specifications, such listing to be appended to this MOU and shall be incorporated by this reference.
4) District agrees to release, indemnify, defend and save harmless City, its officers and employees from any and all claims, damages, suits, costs, expenses, liabilities, actions or proceedings of any kind resulting from the performance under this MOU which infringes upon any patent, trademark or copyright or other right protected by law.

3 B. District Moral Rights; City Ownership Rights.
1) City intends to make its best efforts to display the work at the project site as originally created by Students and District and to maintain the work in good condition. However, City must preserve complete flexibility to operate and manage City properties. Therefore, subject to its obligation to make good-faith efforts to consult with Students as set forth in subparagraph (B)(3) below, City retains the absolute right to alter, repair, modify, remove, relocate, sell, dispose of, or destroy (collectively, “Modify”) the work in its sole discretion. For example, City may modify the work to eliminate hazards, to comply with the ADA, to otherwise aid in the management of its property and affairs, or through neglect or accident. If, during or after the term of this Agreement, City finds the project site to be inappropriate, City has the right to install the work at an alternate location that it chooses in its sole reasonable discretion.
2) With respect to the work produced under this Agreement, except as otherwise set forth herein, District waives any and all claims, arising at any time and under any circumstances, against City its officers, agents, employees, successors and assigns, arising under the federal Visual Artists Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. §106A, Cal. Civil Code §§987 et seq., or any other type of moral right protecting the integrity of works of art. If the work is incorporated into a building such that the work cannot be removed from the building without physical defacement, mutilation, alteration, distortion, destruction, or other modification (collectively, “Modification”) of the work, District waives any and all such claims against any future owners of the Site, and its agents, officers and employees, for Modification of the work.
3) Where time permits, prior to any Modification of the work, City shall make reasonable good faith efforts to notify and consult with Students, at the last phone number or address provided by Students to the City, and to come to a mutually agreeable plan for disposition of the work. Such consultation shall be without charge by Students unless otherwise specifically agreed in writing. If the work is modified and City intends to maintain the work on display, City shall make a reasonable good faith effort to engage Students in the restoration of the work and to compensate Students for Students’ time and efforts at fair market value, which may be the subject of a future Agreement between Students and City. However, City has no obligation under this Agreement to restore the work or to compensate Students for any restoration work. If City Modifies the work without Students’ consent in a manner that is prejudicial to Students’ reputation, Students retain the right to disclaim authorship of the work in accordance with California Civil Code §987(d) and 17 U.S.C. §106A(a)(2). 4) Except as provided in this Agreement, with respect to third parties who are not officers, employees, agents, successors or assigns of City, District retains District’s moral rights in the work, as established in the Visual Artists Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987 and 989), or any other local, state, federal or international moral rights laws that protect the integrity of works of art. Accordingly, nothing herein shall prevent District from pursuing a claim against a third party who is not an officer, employee, agent, successor or assign of City for Modification of the work. City has no obligation to pursue claims against third parties to remedy or prevent Modification of the work. However, as owner of the work, City may pursue claims against third parties for damages or to restore the work if a Modification of the work has occurred without City’s authorization.

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

4 9. Entire Agreement. This MOU and its Exhibits set forth and contain the entire understanding and agreement of the Parties, and all oral or written representations, understandings or agreements are expressly stated in this MOU and supersede all prior or contemporaneous oral or written agreements, representations, or understandings. No testimony or evidence of any such representations, understandings, or covenants will be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this MOU.

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

11. Notices. All notices with respect to this MOU will be given by personal delivery or first-class mail, postage prepaid, or by a nationally recognized overnight delivery service to the parties as follows:

City: City of Brentwood
Attention: Director of Parks and Recreation
150 City Park Way
Brentwood, CA 94513
District: Liberty Union High School District
Attention: Superintendent of Schools
20 Oak Street
Brentwood, CA 94513
Or to such other persons, addresses or telephone numbers as the Parties may designate in writing from time to time.

12. Termination. Either Party may terminate this MOU by delivery of written notice of election to terminate to the other Party. In the event of termination and in addition to the requirements of Exhibit B, any unexpended funds will be returned to the Party that has contributed them.

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

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

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

16. Waiver. Waiver by either Party of any default, breach or condition precedent will not be construed as a waiver of any other default, breach or condition precedent or of any other right under this MOU.

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

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

19. Signatures.

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

19.2 Digital/Electronic Signatures. Using a City-approved method, this MOU may be executed using digital or electronic signatures in accordance with Government Code Section

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

Liberty Union High School District:

By:

Denise Rugani, Superintendent
City of Brentwood:

By:

Harith Aleem, Director of Parks and
Recreation
ATTEST:

By:

Amanda McVey, City Clerk
APPROVED AS TO FORM:

By:

6 Exhibit A
Project Description
PADA will prepare, prime, and paint six utility boxes located near City Park and Liberty High School. The project will refresh six utility boxes originally painted by a previous PADA class in 2012, maintaining an agricultural theme while providing current students the opportunity to design and create new, original artwork.

Locations of Utility Boxes
 Brentwood Boulevard and 2nd Street
 Brentwood Boulevard and Oak Street
 Walnut Boulevard and Oak Street
 2nd Street and Maple Street
 2nd Street and Pine Street
 Central Blvd and Sycamore Avenue
Designs

1. Mt. Diablo

7 2. Culture

3. Blooming Night

8 4. Blooming Day

5. Pomegranate Tree

9 6. Farmers Market

10 Exhibit B
District Responsibilities

1. Provide students for the Project.

2. The locations of the boxes are:
 Brentwood Boulevard and 2nd Street
 Brentwood Boulevard and Oak Street
 Walnut Boulevard and Oak Street
 2nd Street and Maple Street
 2nd Street and Pine Street
 Central Blvd and Sycamore Avenue (as described in Exhibit A).

3. Provide adult faculty supervision for the duration of the Project.

4. Purchase supplies, equipment and artist services needed for Project in the amount of $8,500.

5. Ensure that students and their parents or legal guardians sign an Ownership Rights Form related to the project.

11 Exhibit C
City Responsibilities

1. Approve safety plan for the utility box painting project during the Project.

2. Pay $8,500 for supplies, equipment, and artist services.

3. Accept long-term maintenance and insurance of the six utility boxes, but City retains the absolute right to alter, repair, modify, remove or destroy the Project in its sole judgment pursuant to the terms of the MOU.

CITY COUNCIL AGENDA ITEM NO. G.2
3/31/2026
SUBJECT: Approve an Agreement with the Art Guild of the Delta for their 2026 Banner Up! Program and Amend FY 2025/26 Operating
Budget
DEPARTMENT: Parks and Recreation
STAFF: E. Harith Aleem, Parks and Recreation Director
Thien Nguyen, Recreation Manager
Lindsay Pinell, Recreation Supervisor

TITLE/RECOMMENDATION
Adopt a Resolution (1) authorizing the City Manager to execute an Agreement for Public Art Program Administration Services in an amount not to exceed $14,000 with the Art Guild of the Delta, Inc. for the 2026 Banner Up! Program; (2) amending the FY 2025/26 Operating Budget, by increasing the Public Art Administration Fund by a total amount of $15,000; and (3) authorizing the City Manager or designee to execute the Agreement for Public Art Program Administration Services and make minor nonsubstantive revisions to it, in a form approved by the City Attorney.

FISCAL IMPACT
If approved, funding for this project will come from the Public Art Administration Fund. The Fiscal Year (FY) 2025/26 Operating Budget will require an amendment for the project expenditures and administrative expenses for the program. The project cost is estimated to be a total of $15,000 which includes $14,000 to the Art Guild of the Delta for banner production, downtown installation, marketing, administrative fees, takedown of the banners and an estimate of $1,000 related to marketing, promotion, and administration of the program.

Including the requested amendment above, as well as amendments requested in a separate agenda item presented tonight, the June 30, 2026 projected fund balance in the Public Art Administration Fund is $1,061,095. The Public Art Acquisition and Public Art Administration Fund consists of in-lieu fees collected for the acquisition, construction, and administration of Public Art and may only be used for public art projects.

CITY COUNCIL AGENDA ITEM NO. G.2
3/31/2026

BACKGROUND
The Art Guild of the Delta (“AGD”) is an 18 year-and-older membership, 501(c)(3), organization founded in 2013. Its mission is “to bring together people with a mutual interest in the fine arts while promoting camaraderie and ethical principles and practices, as well as fostering creativity among artists. The Art Guild of the Delta will be of service to the community by providing a cohesive and congenial group who promote the arts and advancement in all areas of artistic endeavor.” AGD is active in the Brentwood community, participating in City programs such as the Public Art Walls and partnering with the City for the Banner Up! Program.

Banner Up! is a community art program of the Art Guild of the Delta that engages local artists, supports nonprofit organizations, and brings vibrancy to downtown Brentwood during the summer months. At its heart, it’s also educational, as public art naturally creates opportunities for learning by integrating creativity into everyday life. The program invites artists of all levels to design original hand-painted banners displayed throughout downtown and City Park. These pieces not only beautify the space, but also tell the story of our community. In alignment with the City’s Public Art Program Guidelines, each banner reflects Brentwood’s heritage and vision, capturing the spirit of ‘this is Brentwood. Banner Up! also supports local tourism and, in past years, has extended into the Brentwood Community Center through the City’s Public Art Walls program.

In 2017 the AGD received funding from the City’s Public Art Program Acquisition Fund to partner and begin the Banner Up! Program. Since then, the AGD and the City have partnered to continue the Banner Up! Program through the Economic Development Grant Program (please see table below), with funding awarded to the Banner Up! Program decreasing in recent years.

Date Source Requested Awarded
7/22/2025 Economic Development Grant $ 13,000 $ 5,000
6/11/2024 Economic Development Grant $ 12,625 $ 5,000
5/23/2023 Economic Development Grant $ 12,793 $ 10,000
5/10/2022 Economic Development Grant $ 16,735 $ 16,735
7/27/2021 Economic Development Grant $ 13,393 $ 9,646
5/26/2020 Economic Development Grant $ 18,340 $ 18,000
6/25/2019 Economic Development Grant $ 15,550 $ 15,550
6/12/2018 Economic Development Grant $ 17,707 $ 17,707
5/23/2017 Economic Development Grant $ 11,900 $ 10,000
3/14/2017 Public Art Program Acquisition Fund NA $ 4,700

CITY COUNCIL AGENDA ITEM NO. G.2
3/31/2026
Throughout the history of the Banner Up! Program, the City and AGD have partnered to sustain this initiative, which has traditionally received strong community support and positive feedback. However, in 2025 two banners specifically generated criticism regarding the imagery and messaging presented. In response, the AGD posted all banners, locations, artwork names and descriptions on their website as well as undertook a review of the Banner Up! Program guidelines. As part of this review, the AGD determined to move forward with the program by establishing annual themes to promote greater alignment in messaging and introduce additional selection criteria to provide clearer guidance in determining which banners are approved for display.

Consistent with prior years, the AGD remains committed to collaborating with the City and community partners, including the Downtown Brentwood Coalition, to ensure the program continues to celebrate and unify the community through public art. The AGD and the City discussed involving the Arts Commission to be a partner with the program by reviewing and discussing submitted artwork prior to hanging.

On March 12, 2025, the AGD approached the Arts Commission requesting a potential partnership with the AGD’s Banner Up! Program. At that time, the Arts Commission requested additional details regarding the type of agreement, costs, and the specific needs of AGD.

On September 17, 2025, staff returned to the Arts Commission with additional program details, including that AGD would administer the program, purchase supplies, and select participating artists. Staff also informed the Commission of the proposed annual theme requirements and the possibility of establishing an Arts Commission Banner Up! Ad Hoc Committee to assist with the artist call and marketing efforts if approved, to use Public Art funds for the program in the upcoming year.

Following discussion, the Arts Commission recommended that the City Council partner with AGD for the Banner Up! Program using Public Art funds. A draft agreement between the City and AGD is included in this staff report (Attachment 3).

Should the City Council approve this item, staff will explore terms for a multiyear agreement with AGD for future Banner Up! programs.

City Staff recommends the City Council adopt a Resolution:
1) authorizing the City Manager to execute an Agreement for Public Art Program Administration Services in an amount not to exceed $14,000 with the Art Guild of the Delta, Inc. for the 2026 Banner Up! Program; and 2) amending the FY 2025/2026 Operating Budget by increasing the Public Art Administration Fund by $15,000; and
3) authorizing the City Manager or designee to execute the Agreement for Public Art Program Administration Services and make minor, non-substantive revisions to it, in a form approved by the City Attorney.

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

CITY COUNCIL AGENDA ITEM NO. G.2
3/31/2026

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Draft Agreement

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 March 14, 2017, City Council adopted Resolution 2017-28, approving a recommendation from the City of Brentwood Arts Commission to fund a one-time amount of $4,700 to the Art Guild of the Delta for the purchase of Public Art Banners, and amending the FY 2016/2017 Operating Budget by increasing expenditures in the Public Art Program Acquisition Fund by $4,700.

On June 12, 2018, by Resolution No. 2018-73, the City Council approved grant funding in the amount of $124,721 for fiscal year 2018-2019, and also approved the removal of the Brentwood Arts Society (Art, Wine, and Jazz Festival) from the 2018- 2019 and 2019-2020 Priority Projects Category.

On June 25, 2019, by Resolution 2019-80, the City Council approved grant funding in the amount of $177,365 for fiscal year 2019/20.

On 2020 May 26, 2020, by Resolution 2020-60, the City Council approved grants from the City’s 2020/21 Economic Development Grant Program in the amount of $181,500.

On July 27, 2021 by Resolution 2021-93, the City Council approved grants, as conditioned, from the City’s 2021-2022 Economic Development Grant Program in the amount of $105,500
On May 10, 2022, by Resolution 2022-59, the City Council approved grants from the FY 2022/23 Economic Development Grant Program in the amount of $162,752.

On May 23, 2023, by Resolution No. 2023-69, the City Council approved grant funding in the amount of $176,744 for fiscal year 2023-24 and an additional contribution of $5,000 to the Downtown Business Coalition for the Light up the Night 4th of July Drone Show from the FY 2022/23 General Fund 75th Anniversary celebration budget.

On June 11, 2024, by Resolution No. 2024-65, the City Council approved grants from the fiscal year 2024-2025 Economic Development Grant Program in the amount of $117,000
On June 25, 2024, by Resolution No. 2024-73, the City Council amended the 2023/24 operating budget; adopting the 2024/25 – 2025/26 Operating Budget; amended the 2024/25 – 2028/29 Capital Improvement Program (CIP).

On July 1, 2025, by Resolution No. 2025-72, the City Council 1) amended the Fiscal Year (FY) 2024/25 and FY 2025/26 Operating Budgets; 2) amended the FY 2024/25 fund balance commitments in the General Fund; and 3) approved the FY 2025/26 Pay Schedule in accordance with 2 CCR Section 570.5 and authorizing the City Manager or designee, in consultation with the City Attorney, to make ministerial revisions to it.

On July 22, 2025, by Resolution No. 2025-84, the City Council approved grants from the FY 2025-26 Economic Development Grant Program in the amount of $129,500; and authorize the City Manager or designee to execute documents related to the grant program, as needed.

On January 27, 2026 City Council Adopted Resolution 2026-05 amending the 2025/26 Operating Budget and received an update of the ten-year General Fund Fiscal Model (“Fiscal Model”).

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD (1) AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AGREEMENT FOR PUBLIC ART PROGRAM

ADMINISTRATION SERVICES IN AN AMOUNT NOT TO EXCEED
$14,000 WITH THE ART GUILD OF THE DELTA, INC. FOR THE
2026 BANNER UP! PROGRAM; (2) AMENDING THE FY 2025/26

OPERATING BUDGET, BY INCREASING THE PUBLIC ART
ADMINISTRATION FUND BY $15,000; AND (3) AUTHORIZING

THE CITY MANAGER OR DESIGNEE TO EXECUTE THE

AGREEMENT FOR PUBLIC ART PROGRAM ADMINISTRATION

SERVICES AND MAKE MINOR NON-SUBSTANTIVE REVISIONS

TO IT, IN A FORM APPROVED BY THE CITY ATTORNEY
WHEREAS, the Art Guild of the Delta (“AGD”) is a 501(c)(3), organization founded in 2013 with membership consisting of individuals 18 years of age and older; and
WHEREAS, the Banner Up! Program is a community art education program of AGD that engages local artists, supports nonprofit organizations, and enhances the atmosphere of downtown Brentwood during the summer months; and WHEREAS, the Banner Up! Program is an art education program inviting artists of all levels to create original hand-painted banners, which are displayed throughout downtown and City Park; and
WHEREAS, the Banner Up! Program promotes tourism in and around Brentwood as well as provides community education and storytelling; and WHEREAS, the Banner Up! Program received one-time funding from the City’s Public Art Program Acquisition Fund in 2017 and subsequently has received annual funding from the Economic Development Grant Fund Program; and WHEREAS, on September 17, 2025, the Arts Commission recommended that the City Council partner with AGD on the 2026 Banner Up! Program using available Public Art funds; and
WHEREAS, the City desires to support the AGD’s 2026 Banner Up! Program through the available Public Art Administration Fund; and WHEREAS, the City and AGD desire to memorialize their relationship regarding the 2026 Banner Up! Program through an Agreement for Public Art Program Administration Services to set forth their respective roles and obligations.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby adopts a Resolution (1) authorizing the City Manager to execute an Agreement for Public Art Program Administration Services in an amount not to exceed $14,000 with the Art Guild of the Delta, Inc. for the 2026 Banner Up! Program; (2) amending the FY 2025/2026 Operating Budget by increasing the

Public Art Administration Fund by $15,000; and (3) authorizing the City Manager or designee to execute the Agreement for Public Art Program Administration Services and make minor, non-substantive revisions to it, in a form approved by the City Attorney.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 31st day of March 2026 by the following vote:

1 AGREEMENT FOR PUBLIC ART PROGRAM ADMINISTRATION SERVICES

BETWEEN THE CITY OF BRENTWOOD AND ART GUILD OF THE DELTA THIS AGREEMENT is made and entered into as of the _____ day of __________________, 2026 by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and Art Guild of the Delta (“AGD”) Inc., a 501(c)(3) corporation (each a “Party” and collectively, the “Parties”).

RECITALS
A. City requires the services of a company that is experienced in public art, including coordinating an art banner program, issuing a call for artists, and selecting participating artists (“Artists”) to create hand-painted banners.

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

C. City desires to engage AGD to provide these services by reason of its qualifications and experience in performing such services.

D. AGD has submitted a proposal to City and has affirmed its willingness and ability to perform such work on the terms and manner set forth in this Agreement.

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

1. Scope of Work.

1.1 City retains AGD to perform, and AGD agrees to render, those services (the "Services") that are described in the attached Exhibit "A," which is incorporated by this reference, pursuant to this Agreement’s terms and conditions. AGD shall administer the Banner Up! Program in accordance with Cityestablished program objectives, themes, and policies, and shall not independently establish or modify the purpose, scope, or messaging of the Program.

1.2 AGD will be responsible for the professional quality, technical accuracy and coordination of the Services. AGD will, without additional compensation, correct or revise any errors or deficiencies in the Services.

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

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

1.5 Arts Commission Selection Authority and Criteria

1.5.1 Arts Commission Authority.

The City of Brentwood Arts Commission (“Arts Commission”) shall serve as the official body responsible for the review and selection of artwork submitted for the Banner Up! Program, which is a City-sponsored public art program displayed on City-owned infrastructure. AGD shall administer the call for artists, collect submissions, and present all eligible submissions to the Arts Commission for evaluation and selection at a duly noticed public meeting.

1.5.2 Role of Arts Commission.

The Arts Commission shall evaluate and select artwork in furtherance of its mission to cultivate public art projects that foster authentic representation of diversity and social and cultural awareness, consistent with ethical standards and practices, and to enrich the cultural landscape of the City, and to ensure that selected

2 artwork is appropriate for display as part of a civic public art program on City-owned infrastructure and consistent with the program criteria set forth in this Section

1.5.3 Content-Neutral Selection Requirement.

All artwork selections shall be made in a content-neutral manner consistent with applicable constitutional standards. Selection decisions shall not be based on agreement or disagreement with any particular viewpoint expressed by the artist, but may be based on the City’s adopted program themes, public display suitability standards, and other criteria set forth in this Section.

1.5.4 Selection Criteria.

Artwork shall be evaluated based on program criteria established by the City. Such criteria shall include, but are not limited to, the following: (1) consistency with the City’s adopted Public Art Program Guidelines and Banner Up! Program requirements; (2) consistency with pre-established program themes adopted by the City in advance of the call for artists, including themes related to community identity, arts and culture, recreation, and seasonal programming; (3) artistic quality, craftsmanship, and originality, evaluated in light of the artist’s experience level, including whether the artist is a student or emerging artist; (4) technical feasibility and durability for outdoor public display; (5) suitability for installation on City infrastructure; (6) overall suitability for display in a high-visibility public civic setting frequented by persons of all ages and backgrounds; and (7) compliance with all applicable local, state, and federal laws.

1.5.5 Public Display Suitability Standards.

All artwork displayed on City-owned infrastructure is part of a City-sponsored program and intended to enhance civic identity and the public environment. The City retains sole discretion to review, select, approve, and remove artwork to ensure that all displays are appropriate for a broad and diverse public audience and consistent with the City’s adopted program themes, public display suitability standards, policies, and the intended civic use of public spaces. In exercising this discretion, the City may consider, among other factors, whether the artwork: (a) is appropriate for display in a public civic setting frequented by individuals of all ages and backgrounds; (b) is consistent with the City’s interest in maintaining safe, welcoming, and inclusive public spaces; (c) avoids content that is obscene or that depicts unlawful violence, true threats, or incitement to imminent lawless action; and (d) is compatible with the physical and functional use of the public infrastructure on which it is displayed. The City’s decisions regarding artwork selection and display are final and are not intended to create or designate a public forum for private expression. The Banner Up! Program is not intended to create or designate a public forum for unrestricted private expression. All artwork must satisfy the criteria set forth in this Section as a condition of display on Cityowned infrastructure.

1.5.6 Process and Documentation.

The Arts Commission shall apply the selection criteria consistently and may document its evaluation process. Final selections shall be made at a public meeting in accordance with applicable law. The Arts Commission shall apply the selection criteria consistently across all submissions.

1.5.7 Limited Role of City Staff and Council.

City staff and the City Council shall not participate in the selection of individual artworks except in an administrative or ministerial capacity.

2. Standard of Performance. AGD acknowledges that in entering into this Agreement the City is relying on AGD's special skills and experience to do and perform the Services in accordance with best standards of professional practice. While performing the Services, AGD will exercise the reasonable professional care and skill customarily exercised by reputable members of AGD's profession practicing in the Northern California area. The acceptance of the Services by City does not release AGD from these obligations.

AGD will be responsible for employing or engaging all persons necessary to perform the Services, including Artists. All of AGD's Artists will be qualified by training and experience to perform their assigned tasks.

AGD will give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees, volunteers, Artists, and subcontractors, if any, and will keep the Services under its control. On demand of City, if any employee, volunteer, or subcontractor of AGD fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, they will be discharged immediately from the Services.

3 3. Term. Unless earlier terminated, the term of this Agreement will commence upon the date first above written and will expire upon completion of the Services by AGD, but no later than September 30, 2026, whichever occurs first.

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

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

5. Compensation.

5.1 The total fee payable for the Services to be performed during the term of this Agreement will be a not-to-exceed amount of fourteen thousand dollars ($14,000) as may be further specified in the attached Exhibit “A.” No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement.

5.2 Payment will occur in consideration for the services described above, the City shall pay the Art Guild of the Delta, Inc. a total amount of Fourteen Thousand Dollars ($14,000). Payment shall be made following execution of this Agreement, in accordance with the payment terms and schedule in Attachment A.

5.3 Funding Source
Funding for this Agreement is provided through the City’s Public Art Administration Fund. The Public Art Administration Fund consists of an amount equal to twenty percent (20%) of the moneys allocated for public art through the City’s Public Art Program and is specifically designated for community education programs, publicity, dedications, and administration of the public art program, pursuant to Brentwood Municipal Code section 2.60.060. The Parties acknowledge that all Services and expenditures under this Agreement shall be consistent with the authorized uses of such funds.

6. Status of Artist. AGD and its Artists will perform the Services in their own way and pursuant to this Agreement as an independent contractor and in pursuit of their independent calling, and not as an employee of City. The persons used by AGD to provide the Services under this Agreement will not be considered employees of City for any purposes.

The payment made to AGD pursuant to the Agreement will be the full and complete compensation to which AGD is entitled. City will not make any federal or state tax withholdings on behalf of AGD or its agents, employees or subcontractors. City will not pay any workers' compensation insurance, retirement contributions or unemployment contributions on behalf of AGD or its employees or subcontractors. AGD agrees to indemnify and pay City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of AGD or any agent, employee, or contractor of AGD for work done under this Agreement. At the City’s election, City may deduct the amounts paid pursuant to this Section, from any balance owing to AGD.

7. Subcontracting. AGD's services are unique and personal. Except as may be specified in Exhibit “A”, AGD will not subcontract any portion of the Services without prior written approval of City Manager or his/her designee. If AGD subcontracts any of the Services, AGD will be fully responsible to City for the acts, errors and omissions of AGD's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as AGD is for the acts and omissions of persons directly employed by AGD. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of AGD and City. AGD will be responsible for payment of subcontractors. AGD will bind every subcontractor and every

4 subcontractor of a subcontractor by the terms of this Agreement applicable to AGD's work unless specifically noted to the contrary in the subcontract and approved in writing by City.

8. Other Artists. The City reserves the right to employ other artists in connection with the Services.

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

10. Insurance. AGD 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 AGD or AGD’s agents, Artists, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A:VII."

10.1 Coverages and Limits. AGD 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 AGD'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 AGD pursuant to this Agreement are adequate to protect AGD. The coverage will contain no special limitations on the scope of its protection to the above-designated insureds except for Workers Compensation. AGD will obtain occurrence coverage. If AGD believes that any required insurance coverage is inadequate, AGD will obtain such additional insurance coverage, as AGD deems adequate, at AGD's sole expense.

10.1.1 Commercial General Liability Insurance. $1,000,000 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 AGD has no employees and provides, to City's satisfaction, a declaration stating this.

10.2 Endorsements. For Commercial General Liability Insurance and Automobile Liability Insurance, AGD 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, AGD will furnish certificates of insurance and endorsements to City.

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 AGD fails to maintain any of these insurance coverages, then City will have the option to declare AGD 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.

AGD is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from AGD or deduct the amount paid from any sums due AGD under this Agreement.

5 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements.

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

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

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

11. Business License. AGD 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. AGD will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. AGD 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. AGD 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 Rights. AGD shall ensure that every Artist that participates in providing the Services executes Exhibit “B”, which shall include: (1) a Waiver and Release of VARA, CAPA, and other Artists’ Rights (“Waivers”); (2) an acknowledgment that the Artwork will be displayed in a public setting and may be subject to weather, handling, installation, removal, or relocation; and (3) an acknowledgement that the City does not guarantee the preservation, maintenance, or protection of the Artwork and shall not be responsible for natural wear, weather-related effects, or damage not caused by the City’s gross negligence or willful misconduct. AGD shall return all fully executed Waivers to the City Parks and Recreation Department no later than July 1, 2026. AGD’s failure to obtain and provide such Waivers shall constitute a material breach of this Agreement.

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

For City:

City of Brentwood
150 City Park Way
Brentwood, CA 94513
Phone No. (925) 516-5444
Email: [email protected]
Attn: Lindsay Pinell
For AGD:

Art Guild of the Delta
3130 Balfour Rd. Suite D, Box 221
Brentwood, CA 94513
Phone No.:

Email.: [email protected]
Either Party may change its address for purposes of this section by giving the other Party written notice of the new address in the manner set forth above.

16. Conflicts of Interest.

16.1 City will evaluate AGD’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 AGD or any of AGD’s employees, agents, Artists, or subcontractors. Should it be determined that disclosure is required, AGD or AGD’s affected employees, agents, Artists 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.

6 16.2 AGD understands that its professional responsibility is solely to City. AGD 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. AGD further warrants that neither AGD, nor AGD’s agents, employees, or subcontractors have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that AGD will file with the City an affidavit disclosing this interest. AGD 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, AGD discovers that it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, AGD will promptly disclose the relationship to the City and take such action as the City may direct to remedy the conflict.

17. General Compliance with Laws. AGD will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by AGD, or in any way affect the performance of the Services by AGD. AGD 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.

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

19. Termination. In the event of the AGD's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying AGD in writing pursuant to the notice provisions of this Agreement. AGD has five (5) business days to deliver any documents owned by City and all work in progress to the City at the address set forth in Section 15 (Notices) of this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that AGD 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 AGD, whether located at the project site, at AGD's place of business, or at the offices of a subcontractor.

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, AGD will assemble the work product without charge and put it in order for proper filing and closing and deliver it to City. AGD 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.

20. Covenants Against Contingent Fees. AGD warrants that AGD has not employed or retained any company or person, other than a bona fide employee working for AGD, to solicit or secure this Agreement, and that AGD 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.

21. Claims And Lawsuits. By signing this Agreement, AGD 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. AGD acknowledges that if a false claim is submitted to City by AGD, it may be considered fraud and AGD may be subject to criminal prosecution. AGD 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. AGD acknowledges that the filing of a false claim may subject AGD to an administrative debarment proceeding as the result of which AGD may be prevented from acting as an Artist on any public work or improvement for a period of

7 up to five (5) years. AGD acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement.

22. 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.

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

24. 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 AGD without the prior written consent of City, which will not be unreasonably withheld.

25. 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.

26. 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.

27. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it constitute 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.

28. Authority. The individuals executing this Agreement and the instruments referenced in it on behalf of AGD each represent and warrant that they have the legal power, right and actual authority to bind AGD to the terms and conditions of this Agreement.

8 29. 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.

ARTIST:

By:

Rosalinda Grejsen, President
CITY:

By:

G. Harold Duffey, City Manager
ATTEST:

By:

Amanda McVey, City Clerk
APPROVED AS TO FORM:

By:

Thomas Lloyd Smith, Interim City Attorney

9 EXHIBIT “A”

SCOPE OF SERVICES
Art Guild of the Delta shall administer the Banner Up! Program in Downtown Brentwood and City Park in accordance with the terms of this Agreement. AGD shall administer the Program as a City-sponsored public art program and shall ensure that all program activities, artist communications, and public-facing materials are consistent with the City’s adopted program objectives, themes, and criteria. AGD shall not present the Program as an open forum for unrestricted artistic or expressive activity.

Services shall include, but not be limited to, the following:
a. Issuing a call for artists in Spring 2026, consistent with City-approved program guidelines and timelines;
b. Coordinating the receipt of artist submissions and presenting all eligible submissions to the City of Brentwood Arts Commission for review and selection in accordance with Section 1.5 of the Agreement;
c. Purchasing and managing all required program supplies. d. Presentation of selected and completed banners to the Arts Commission at a duly noticed public meeting prior to installation.
e. Coordinating the installation of banners on City light poles in downtown corridor on approved locations in the downtown corridor in accordance with City direction; f. Coordinating the maintenance, monitoring, and removal of banners no later than September 30, 2026.

AGD shall administer the Program in a manner consistent with the Agreement, including the content-neutral selection process and public display suitability standards set forth in Section 1.5.

PROJECT SCHEDULE
The Project shall generally follow the schedule below, subject to adjustment upon mutual written agreement of the Parties:
 Spring 2026: Issue call for artists and begin outreach and promotion;  Late Spring 2026: Artists complete banner production; AGD close submissions and present eligible submissions to the Arts Commission for selection;  Summer 2026: Installation of banners at approved locations;  No later than September 30, 2026: Removal of banners and completion of Program activities.

PAYMENT SCHEDULE
In consideration for the Services described above, the City shall pay the Art Guild of the Delta, Inc. a total amount not to exceed of Fourteen Thousand Dollars ($14,000) in accordance with Section 5 of the Agreement.

Given AGD’s status as a nonprofit organization with limited financial resources, the City shall provide payment in advance following full execution of this Agreement. AGD shall use such funds solely for the performance of the Services described in this Agreement and in accordance with all applicable funding restrictions.

In the event AGD fails to perform the Services in accordance with this Agreement, AGD shall, upon written demand by the City, return any unexpended or improperly expended funds.

The City reserves the right to require reasonable documentation demonstrating that funds have been used in accordance with the Agreement.

10 EXHIBIT “B”
Waiver and Release of VARA, CAPA, and other Artists’ Rights Artist’s Name (“Artist”):

Description of Artwork:

Artist’s address:

The Artist has designed a work of visual art (“The Artwork”) as described above. In consideration for the City of Brentwood (the City) allowing the Artwork to be hung on a City light pole in the downtown corridor, the Artist hereby represents and warrants that the Artist is the sole creator of the Artwork and has the full legal authority to enter into the following:

VARA/CAPA Release and Waiver
Artist hereby waives any and all rights Artist may have with respect to the Artwork (as further described above) under the federal Visual Artists Rights Act of 1990 (17 U.S.C. sections 106A and 113(d)), the California Art Preservation Act (Cal. Civil Code sections 987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. § 106A, Cal. Civil Code § 987 et seq. The provisions of this paragraph shall apply to modify Artist’s rights of attribution and integrity as set out in the Visual Artists Rights Act, 17 U.S.C §§ 106A and 113(d) (“VARA”), the California Art Preservation Act, Cal. Civil Code §§ 987 and 989 (“CAPA”), and any rights arising under United States federal or state law or under the laws of another country that convey rights of the same nature as those conveyed under VARA and CAPA, as against the City of Brentwood, its officers, officials, employees and agents. The City has the absolute right to change, modify, destroy, remove, relocate, move, replace, transport, repair or restore the images of the Artwork.

Acknowledgment of Public Display Conditions
Artist acknowledges that the Artwork will be displayed in a public setting and may be subject to weather, handling, installation, removal, relocation, or other conditions inherent to outdoor public display. Artist understands and accepts that such conditions may affect the appearance or condition of the Artwork over time.

No Duty to Preserve; Condition of Artwork
Artist acknowledges that the City does not guarantee the preservation, maintenance, or protection of the Artwork and shall not be responsible for natural wear, weather-related effects, or damage not caused by the City’s gross negligence or willful misconduct. Nothing in this paragraph is intended to limit any non-waivable rights under applicable law.

Artist Signature Date

CITY COUNCIL AGENDA ITEM NO. G.3
03/31/2026
SUBJECT: A Resolution Amending Council/Administrative Policy No. 00-10, Donations Policy
DEPARTMENT: Finance and Information Systems
STAFF: Christine Andrews, Acting Director of Finance and Information Systems
Michelle Morey, Financial Services Manager

TITLE/RECOMMENDATION
Adopt a Resolution amending Council/Administrative Policy No. 00-10, Donations Policy (“Policy”).

FISCAL IMPACT
If approved, adoption of the amended Policy does not have a direct fiscal impact.

Acceptance of donations that exceed $10,000 in value or donations that impose a greater than de minimis future maintenance or replacement cost on the City are required to be approved by the City Council.

BACKGROUND
The City of Brentwood (“City”) periodically receives offers of donations from individuals, businesses, nonprofit organizations, and other entities. The City’s Donations Policy establishes the framework for accepting or declining such contributions in a manner that ensures transparency, impartiality, and compliance with applicable laws, including IRS substantiation rules and Fair Political Practices Commission (FPPC) regulations. The Policy also ensures that donations support a public purpose and guard against creating actual or perceived conflicts of interest.

Since the Policy’s adoption in 2018, the City’s operational needs, accounting practices, and expectations for transparency have evolved. The proposed updates modernize the Policy to reflect current best practices, strengthen internal controls, and provide clearer guidance to staff and donors. These updates align the Policy with related City policies, including Council/Administrative Policy No. 10-7, Purchasing Policy and Council Administrative Policy 10-12, Policy and Procedures for Requests for the Use of City Funds.

CITY COUNCIL AGENDA ITEM NO. G.3
03/31/2026

PURPOSE OF THE AMENDMENTS
The proposed updates to the Donations Policy were made to:
 Clarify the definition of a donation to the City as serving a public purpose and supporting City programs, facilities or events
 Update and clarify the process for evaluating, accepting, documenting and reporting donations received, with an emphasis on transparency  Allow the City Manager to accept restricted donations up to $10,000 without City Council approval, allowing flexibility to accept donations for specific events, such as the Community Day of Service. (Current Policy allows for the City Manager to accept only unrestricted donations up to $10,000)  Clarifies that donations of any size that impose more than a nominal future additional cost to the City require City Council approval These updates ensure that the City maintains the highest standards of transparency and accountability in the management of donations.

KEY POLICY UPDATES

1. Updated and Additional Definitions
The updated Policy broadens the definition of “Employee” to include “interns, volunteers and contractors working under the direction of the City” and updates the definition of “Donation” to add additional detail. New terms such as Donation Acknowledgment, IRS, De Minimis Cost, and FPPC have been added. The 2018 Policy included a definition for “Lobbyist,” which has been removed, as it was not used in the 2018 Policy language.

2. Evaluation Criteria
The draft updates the Policy with a statement that donations are welcome when they serve a public purpose and support City programs, facilities and events and that “the City must maintain the highest standards of transparency and impartiality” when evaluating donations. The evaluation criteria language in the Policy was also updated.

3. Revised Authority to Accept Donations
The 2018 Policy provided the City Manager with the authority to accept unrestricted donations up to $10,000 without approval by the City Council. The updated Policy proposes to allow the City Manager to also accept restricted donations up to $10,000.

In the updated Policy, any donation that imposes more than a nominal or incidental additional cost, obligation or future maintenance or replacement expense would require City Council approval.

CITY COUNCIL AGENDA ITEM NO. G.3
03/31/2026

4. New Documentation and Acknowledgment Requirements
The updated Policy formalizes the City’s internal process of accepting donations by requiring the use of a Donation Acceptance Form. The Policy has also been updated to require that donors receive a Donation Acknowledgment Form within 30 days of the City’s receipt of the donation.

5. Enhanced Reporting
The updated Policy proposes annual reporting to the City Council, including providing an annual summary of all monetary donations received greater than $500 and information on all non-monetary donations.

6. Clarified Disposition for Tangible Items
The updated Policy adds language clarifying that tangible items donated to the City will be distributed to appropriate departments for use or disposed of by following surplus property procedures included in Council/Administrative Policy No.10-7, Purchasing Policy.

7. Updated Solicitation Rules
The updated Policy adds a prohibition on solicitation unless it serves a public purpose, is approved by the City Manager, and is consistent with the Policy and FPPC regulations.

Additional edits were made throughout the Policy for clarity and internal consistency.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

CITY COUNCIL AGENDA ITEM NO. G.3
03/31/2026

ENVIRONMENTAL DETERMINATION
Not Applicable.

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

1. Do not approve staff’s recommendation.

2. Modify staff’s recommended updates to the Policy.

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Exhibit A - Council/Administrative Policy No. 00-10, Donations Policy – Proposed

4. Exhibit B - Council/Administrative Policy No. 00-10, Donations Policy – Redlined

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

On December 11, 2018, the City Council adopted Resolution 2018-162, adopting Council/Administrative Policy No. 00-10, Donations Policy.

On December 11, 2018, the City Council adopted Resolution 2018-163, amending City Council/Administrative Policy No. 20-3, Gifts.

On August 9, 2022, the City Council adopted Resolution 2022-101, amending Council/Administrative Policy No. 10-12, Policy and Procedures for Requests for the Use of City Funds.

On November 14, 2023, the City Council waived the second reading and adopted Ordinance No. 1064 amending the City Council/Administrative Policy No. 10-13, Signature Authority Policy to revise the signature authority of the City Attorney for legal service and personnel investigative service agreements from $50,000 to $75,000.

The City Council introduced an ordinance with the first reading waived at a regular meeting of the City Council on September 13, 2022; and adopted Ordinance No. 1045 at a regular meeting of the City Council on September 27, 2022, amending Council/Administrative Policy No. 10-7, Purchasing Policy.

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD AMENDING COUNCIL/ADMINISTRATIVE POLICY
NO. 00-10, DONATIONS POLICY (“POLICY”)
WHEREAS, the City of Brentwood (“City”) periodically receives offers of donations of money, goods, real or personal property, or other items of value for public purposes; and
WHEREAS, the amended Policy establishes procedures for acknowledgment and documentation consistent with Internal Revenue Service Publication 1771 and Fair Political Practices Commission regulations, ensuring transparency, accountability, and compliance in the management of donations; and WHEREAS, the amended Policy provides updated definitions and clarifies the distinction between gifts to individuals and donations to the City, including when an individual gift is considered a donation under FPPC Regulation 18944.2 (2 CCR § 18944.2); and
WHEREAS, the amended Policy addresses donations of money, goods, real or personal property, marketable securities, travel, tickets and passes, and establishes evaluation criteria to ensure that all donations serve a public purpose, align with City goals, and do not create undue maintenance, liability, or operating costs; and
WHEREAS, under the amended Policy, the City Manager may accept or reject restricted or unrestricted donations up to $10,000 in value, while donations exceeding $10,000, or those that impose greater-than-de-minimis future maintenance or replacement costs, require City Council approval; and WHEREAS, the amended Policy requires the use of standardized Donation Acceptance and Donation Acknowledgment Forms, mandates IRS-compliant donor acknowledgments, and directs that restricted donations be tracked in separate accounts; and
WHEREAS, for transparency, the amended Policy requires that a summary of all monetary donations greater than $500 and all non-monetary donations be provided to the City Council annually; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby adopts the amended Council/Administrative Policy No. 00-10, Donations, in the form attached hereto as Exhibit A.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 31st day of March 2026 by the following vote:

Exhibit A

COUNCIL/ADMINISTRATIVE POLICY
Subject: Donations Policy No: 00-10 Date: March 31, 2026 Resolution No. 2026 - XXXX Page 1 of 5

1. PURPOSE
To outline the City’s policy regarding acceptance of donations of money, goods, or other items of value to the City. The City may accept or reject any gift or donation at its discretion. (See also Council/Administrative Policy No. 20-3, Gifts, regarding gifts to individuals.)
This Council/Administrative Policy No. 00-10, Donations, (“Policy”) establishes procedures for acknowledgment and documentation consistent with IRS and FPPC Regulations, and ensures transparency and accountability in the management of donations.

This Policy does not apply to donations or grants made to the City as a development condition of approval or pursuant to a development agreement.

2. DEFINITIONS
City Official includes City Council members and members of appointed commissions.

City Manager means the City Manager or his or her designee.

Employee means an individual employed by the City of Brentwood, whether full-time, part-time, temporary, seasonal or limited-service, including those in probationary status.

For purposes of this Policy, employee also includes interns, volunteers and contractors working under the direction of the City, unless expressly excluded.

Gift means anything of value (including tickets, passes, and meals) for which an employee or City Official has not provided equal or greater value in return. (See Council/Administrative Policy No. 20-3, Gifts.)
De Minimis Cost means a nominal or incidental cost. Greater than a de minimis means any cost, obligation, or future maintenance or replacement expense associated with a donation that is more than nominal and cannot reasonably be considered incidental. A cost that is greater than de minimis is of sufficient significance that the City would be required to plan for, budget for, or otherwise account for the cost as an ongoing financial impact of accepting a donation.

Donation means a voluntary contribution or transfer of money, goods, personal or real property, or marketable securities made to the City for public purposes, without expectation of material benefit in return. Donations will be reported differently than gifts given to a City Official/employee or group. A donation may be unrestricted, used for any public purpose, or restricted, if the donor places written limitations on the use to a particular program, project or use.

Exhibit A

COUNCIL/ADMINISTRATIVE POLICY
Subject: Donations Policy No: 00-10 Date: March 31, 2026 Resolution No. 2026 - XXXX Page 2 of 5
Donation Acceptance Form means the form used by the City for processing and documenting the acceptance of any donation in accordance with this Policy.

Donation Acknowledgment Form means the written receipt provided by the City to a donor, in accordance with IRS Publication 1771, confirming receipt of the donation.

IRS means Internal Revenue Service.

FPPC means the State of California Fair Political Practices Commission.

Tickets or passes means admission to a facility, event, show or performance for entertainment, amusement, recreational, or similar purpose.

3. DONATIONS

3.1 General Donations are welcomed when they serve a public purpose and support City programs, facilities, or events. The City must maintain the highest standards of transparency and impartiality, ensuring that donations do not influence or appear to influence City decisions or operations.

3.2 Evaluation Criteria Before acceptance, the City Manager shall evaluate whether:
(a) the donation serves a public purpose aligned with the City’s goals; and (b) the donation’s conditions or restrictions are in the City’s best interest; and (c) the City can sustain any associated maintenance, liability, or operating costs of the donation. The City may decline any donation not meeting these criteria.

3.3 Authority to Accept Donations
(a) The City Manager may accept or reject restricted and unrestricted donations up to $10,000 in value.
(b) Donations exceeding $10,000, or donations imposing greater than de minimis future maintenance or replacement costs, require City Council approval. The City Council may delegate authority to accept donations by resolution when appropriate.
(c) A donation of real property will only be accepted in accordance with applicable state law and local law, including Council/Administrative Policy No. 10-13, Signature Authority.

3.4 Documentation and Acknowledgment
(a) All donations accepted shall be documented using a City Donation Acceptance Form.

Exhibit A

COUNCIL/ADMINISTRATIVE POLICY
Subject: Donations Policy No: 00-10 Date: March 31, 2026 Resolution No. 2026 - XXXX Page 3 of 5
(b) The City Manager, or designee, shall issue a City Donation Acknowledgment Form to the donor within 30 days of acceptance. The acknowledgment shall include: (1) the donor’s name, (2) description of donation (but not the value of non-cash items), (3) date received, and (4) a statement that no goods or services were provided by the City in exchange for the donation, or if goods or services were provided, then a description and good-faith estimate of the provided goods or services. These acknowledgments comply with IRS Publication 1771 requirements.

3.5 Accounting and Reporting
(a) The City Manager, or designee, will acknowledge all donations by signature on a Donation Acceptance Form and will provide a copy to the Finance and Information Systems Department.
(b) The Finance and Information Systems Department shall ensure donations are recorded accurately and tracked for audit purposes. (c) For transparency, a summary of all monetary donations received greater than $500 and all other non-monetary donations shall be provided by the Finance and Information Systems Department to the City Council annually in conjunction with the annual reporting required by Council/Administrative Policy No. 10-12, Procedures for Requests for Use of City Funds. (d) Restricted donations shall be maintained in separate accounts and used only for the purposes specified by the donor.

3.6 Disposition of Donations
(a) Unless restricted otherwise in writing, the City may keep, sell, or dispose of a donation. Tangible items shall be distributed to appropriate departments for use or disposal in accordance with Council/Administrative Purchasing Policy, No. 10-7, Surplus Property Section.

3.7 Solicitation of Donations
(a) Employees and City Officials shall not solicit donations from individuals or entities doing business with the City unless the solicitation serves a public purpose, is approved by the City Manager, and is consistent with this Policy and FPPC Regulations.

3.8 Donations as Charitable Contributions
(a) Donations to the City may qualify as tax-deductible charitable contributions under 26 U.S.C. §170(c)(1) if made exclusively for public purposes. The City does not provide tax advice, but will issue acknowledgments sufficient for IRS substantiation purposes. Donors are responsible for consulting their own advisors regarding deductibility.

Exhibit A

COUNCIL/ADMINISTRATIVE POLICY
Subject: Donations Policy No: 00-10 Date: March 31, 2026 Resolution No. 2026 - XXXX Page 4 of 5

3.9 Forms and Records
(a) A Donation Acceptance Form and Donation Acknowledgement Form are required to be used by all departments for all donations. All forms shall be retained by the City Manager’s Department, with a copy provided to the Finance and Information Systems Department and will be maintained in accordance with the City’s records retention schedule.

3.10 Individual Gifts Considered a Donation A donation that would otherwise constitute a gift to a public employee or City Official is considered a donation to the City when the following FPPC requirements are met:
(a) The City Manager determines and controls the City’s use of the donation. (b) The donation is used for official City business.
(c) The donor may identify a purpose for the donation but does not designate by name, title, class or other method a City Official/employee who may use the donation.
(d) Certain employees and City Officials are limited in the use of travel donations. (See Section 3.11, Travel below.)

3.11 Travel Donations for travel must also meet these requirements:
(a) A donation to the City for travel may not be used by a City Official or employee who invests the City’s money; and
(b) A donation for travel may not exceed the City’s own reimbursement rates for travel; and
(c) The City Manager must preapprove travel donated by a third party before travel begins.
(d) Travel payments made by a federal government agency in connection with education, training, or other inter-agency programs are not reportable.

3.12 Tickets and Passes Restrictions: All tickets and passes offered or provided to the City by a third party, purchased, or otherwise obtained directly by the City are subject to the following:
(a) The City may not accept from any third party any ticket or pass that is specifically earmarked for use by a particular City Official or employee, whether by name or position, unless:

1.) The ticket or pass is offered or provided to the City either: (1) under the

Exhibit A

COUNCIL/ADMINISTRATIVE POLICY
Subject: Donations Policy No: 00-10 Date: March 31, 2026 Resolution No. 2026 - XXXX Page 5 of 5
terms of a contract for use of City-owned property; or (2) as a result of an official City event that the City controls; or the ticket or pass is purchased by the City from the third party for full market value.

2.) The City Manager must document in writing the receipt of all tickets and passes provided to the City by a third party.

3.) Tickets and passes shall only be provided to City Officials/employees by the City Manager for a legitimate public purpose of the City, as set forth in Council/Administrative Policy No. 20-3, Gift Policy, Section 3.2.14., Ticket Provided by City.

4.) The City Manager shall decide which City Officials/employees should be provided with a ticket or pass.

5.) Within 30 days of distributing any ticket or the City Manager will complete and the City Clerk will post an FPPC Form 802 on the City’s website, with the posting to remain on the website for a period of at least four years and a hard-copy retained for at least seven years.

Exhibit B

COUNCIL/ADMINISTRATIVE POLICY
Subject: Donations Policy No: 00-10 Date: December 11, 2018 March 24, 2026
Resolution No:
2018-162
2026 - XX

1 1. PURPOSE
To outline the City’s Policy regarding acceptance of donations of money, goods, or other items of value to the City. The City may accept or reject any gift or donation at its discretion. (See also Council/Administrative Policy No. 20-3, Gifts, regarding gifts to individuals.)
This Council/Administrative Policy No. 00-10, Donations, (“Policy”) establishes procedures for acknowledgment and documentation consistent with IRS and FPPC Regulations, and ensures transparency and accountability in the management of donations.

This Policy does not apply to donations or grants made to the City as a development condition of approval or pursuant to a development agreement.

2. DEFINITIONS
City Official includes City Council members and members of appointed commissions.

City Manager means the City Manager or his or her designee.

Employee means an individual employed by the City of Brentwood, whether full-time, parttime, temporary, seasonal or limited-service, including those in probationary status. For purposes of this Policy, employee also includes interns, volunteers and contractors working under the direction of the City, unless expressly excluded.

Gift means anything of value (including tickets, passes, and meals) for which an employee or City official has not provided equal or greater value in return. (See Council/Administrative Policy No. 20-3, Gifts.)
Lobbyist means an individual who is compensated and communicates directly with legislative or state agency officials to influence legislative or administrative action on behalf of his or her employer or a client.

De Minimis Cost means a nominal or incidental cost. Greater than a de minimis means any cost, obligation, or future maintenance or replacement expense associated with a donation that is more than nominal and cannot reasonably be considered incidental. A cost that is greater than de minimis is of sufficient significance that the City would be required to plan for, budget for, or otherwise account for the cost as an ongoing financial impact of accepting a donation.

Donation means a voluntary contribution or transfer of money, goods, personal or real property, or marketable securities made to something of value accepted by the City for

Exhibit B

COUNCIL/ADMINISTRATIVE POLICY
Subject: Donations Policy No: 00-10 Date: December 11, 2018 March 24, 2026
Resolution No:
2018-162
2026 - XX

2 public purposes, without expectation of material benefit in return. It includes contributions or bequests; transfer of real or personal property, money or marketable securities.

Donations will be reported differently than gifts given to a City Official/employee employee/official or group. A donation may be unrestricted, used for any public purpose, or restricted, if the donor places written limitations on the use to a particular program, project or use. (Gov’t. Code section 37355.)
Donation Acceptance Form means the form used by the City for processing and documenting the acceptance of any donation in accordance with this Policy.

Donation Acknowledgment Form means the written receipt provided by the City to a donor, in accordance with IRS Publication 1771, confirming receipt of the donation.

IRS means Internal Revenue Service.

FPPC means the State of California Fair Political Practices Commission.

Tickets or passes means admission to a facility, event, show or performance for entertainment, amusement, recreational, or similar purpose.

3. DONATIONS

3.1 General Donations are welcomed when they serve a public purpose and support City programs, facilities, or events. The City must maintain the highest standards of transparency and impartiality, ensuring that donations do not influence or appear to influence City decisions or operations.

3.2 3.3.1 Considerations Evaluation Criteria Before acceptance accepting a donation, the City Manager shall evaluate whether will consider:
(a) 3.3.1.1 Whether the donation serves a public purpose consistent aligned with the City’s goals and objectives; and
(b) 3.3.1.2 The initial and future expenditures that may be require for use and maintenance of the donation. The City Manager will quantify the costs associated with both restricted and unrestricted donations before a donation is accepted. For example, possible clean-up costs of hazardous materials will be considered before real property is accepted. 3.3.1.3 Whether the donation’s conditions or restrictions are is in the City’s best interest of the City; and (c) 3.3.1.4 Whether the restrictions make the donation a disadvantage (See Gift Policy, section 3.2.14, regarding public purpose) the City can sustain any associated maintenance, liability, or operating costs of the donation.

The City may decline any donation not meeting these criteria.

Exhibit B

COUNCIL/ADMINISTRATIVE POLICY
Subject: Donations Policy No: 00-10 Date: December 11, 2018 March 24, 2026
Resolution No:
2018-162
2026 - XX

3 3.3 3.3.3 Authority to Accept Donations
(a) The City Manager may accept or reject restricted and an unrestricted donations up to $10,000 in value. The City Council may accept or reject a donation of more than $10,000, and a restricted donation of any amount. (b) Donation exceeding $10,000, or donations imposing greater than de minimis cost for future maintenance or replacement costs, require City Council approval. The City Council may delegate authority to accept donations by resolution when appropriate.
(c) 3.3.3A donation of real property will only be accepted in accordance with under applicable state law and local law, including Council/Administrative Policy No. 10-13, Signature Authority.

3.4 Documentation and Acknowledgment
(a) All donations accepted shall be documented using a City Donation Acceptance Form.
(b) The City Manager, or designee, shall issue a City Donation Acknowledgment Form to the donor within 30 days of acceptance. The acknowledgment shall include: (1) the donor’s name, (2) description of donation (but not the value of non-cash items), (3) date received, and (4) a statement that no goods or services were provided by the City in exchange for the donation, or if goods or services were provided, then a description and good-faith estimate of the provided goods or services.

These acknowledgments comply with IRS Publication 1771 requirements.

3.5 Accounting and Reporting
(a) The City Manager, or designee, will acknowledge all donations by signature on the Donation Acceptance Form and will provide a copy to the Finance and Information Systems Department.
(b) The Finance and Information Systems Department shall ensure donations are recorded accurately and tracked for audit purposes. (c) For transparency, a summary of all monetary donations received greater than $500 and all other non-monetary donations shall be provided by the Finance and Information Systems Department to the City Council annually in conjunction with the annual reporting required by Council/Administrative Policy No. 10-12, Procedures for Requests for Use of City Funds.

Exhibit B

COUNCIL/ADMINISTRATIVE POLICY
Subject: Donations Policy No: 00-10 Date: December 11, 2018 March 24, 2026
Resolution No:
2018-162
2026 - XX

4 (d) Restricted donations shall be maintained in separate accounts and used only for the purposes specified by the donor.

3.6 3.3.2Disposition of Donations
(a) Unless restricted otherwise in writing, the City may keep, sell, or dispose of a donation. Tangible items shall be distributed to appropriate departments for use or disposal in accordance with Council/Administrative Purchasing Policy, No. 10-7, Surplus Property Section.

3.7 3.3.4 No Soliciting Solicitation of Donations
(a) Employees and City Officials shall not solicit donations from individuals or entities doing business with the City unless the solicitation serves a public purpose, is approved by the City Manager, and is consistent with this Policy and FPPC Regulations. Exceptions Council /Administrative Policy 20-3 (Gifts), Section 3.4, applies to the solicitation of donations.

3.8 3.4 Donations as Charitable Contributions
(a) Donations to the City may qualify as tax-deductible charitable contributions under 26 U.S.C. §170(c)(1) if made exclusively for public purposes. The City does not provide tax advice, but will issue acknowledgments sufficient for IRS substantiation purposes. Donors are responsible for consulting their own advisors regarding deductibility.

3.4.1 When qualified A donation to the City may be tax deductible as a charitable contribution if the donation is made exclusively for a public purpose as described in the IRS Code at 26 U.S.C.§170(c)(1)).

The City Manager will provide donors whose donations are accepted with a written statement that includes the following information required by the Internal Revenue Code 1.170A-13 and as described in IRS Charitable Contributions, Substantiation and Disclosure Requirements, Publication 1771. The City will not make a determination of whether the donation is tax deductible.
a. Name of donor/Name of organization
b. The amount of cash contribution
c. A description (but not the value) of non-cash contribution d. Date of receipt
e. A statement that no goods or services were provided by the City in return for the contribution/donation, if that was the case f. A description and good faith estimate of the value of goods or

Exhibit B

COUNCIL/ADMINISTRATIVE POLICY
Subject: Donations Policy No: 00-10 Date: December 11, 2018 March 24, 2026
Resolution No:
2018-162
2026 - XX

5 services, if any that the City provided in return for the contribution/donation

3.9 Forms and Records
(a) A Donation Acceptance Form and Donation Acknowledgment Form are required to be used by all departments for all donations. All forms shall be retained by the City Manager’s Department, with a copy provided to the Finance and Information Systems Department and will be maintained in accordance with the City’s records retention schedule.

3.10 3.1.1 When an Individual Gifts is Considered a Donation A donation that would otherwise constitute a gift to a public employee or City Oofficial is considered a donation to the City when the following requirements are met: (Fair Political Practices Commission (FPPC) requirements are met:
(a) 3.1.1.1The City Manager determines and controls the City’s use of the donation.
(b) 3.1.1.2The donation is used for official City business. (c) 3.1.1.3The donor may identify a purpose for the donation but does not designate by name, title, class or otherwise other method an City Official/employee/City Official who may use the donation. (d) Certain employees and City Officials are limited in the use of travel donations. (See Section 3.1.2 3.11, Travel below.)

3.11 3.1.2 Travel Donations for travel donations must also meet these requirements:
(a) 3.1.2.1. A donation to the City for travel may not be used by an elected or appointed a City official or a City employee who invests the City’s money; and
(b) 3.1.2.2. A payment donation for travel may not exceed the City’s own reimbursement rates for travel; and
(c) 3.1.2.3. The City Manager must preapprove travel paid for donated by a third party before travel begins.

Exhibit B

COUNCIL/ADMINISTRATIVE POLICY
Subject: Donations Policy No: 00-10 Date: December 11, 2018 March 24, 2026
Resolution No:
2018-162
2026 - XX

6 (d) 3.1.2.4. Travel payments made by a federal government agency in connection with education, training, or other inter-agency programs are not reportable.

3.12 3.2. Tickets and Passes (FPPC Regulation Restrictions. 18944.1)

3.2.1 Restrictions. All tickets and passes offered or provided to the City by a third party, purchased, or otherwise obtained directly by the City are subject to the following:
(a) 3.2.1.1. The City may not accept from any third party any ticket or pass that is specifically earmarked for use by a particular City official or employee, whether by name or position, unless:

1.) The ticket or pass is offered or provided to the City either: (1) under the terms of a contract for use of City-owned property; or (2) as a result of an official City event that the City controls; or the ticket or pass is purchased by the City from the third party for full market value.

2.) 3.2.2 The City Manager must document in writing the receipt of all tickets and passes provided to the City by a third party.

3.) 3.2.3 Tickets and passes shall only be provided to City officials/employees by the City Manager for a legitimate public purpose of the City, as set forth in Council/Administrative Policy No. 20-3, Gift Policy, Section 3.2.14, Ticket Provided by City.

4.) 3.2.4 The City Manager shall decide, consistent with the Policy, which City Officials/employees should be provided with a ticket or pass.

5.) 3.2.5 Within 30 days of distributing any ticket or pass under this Policy, the City Manager will complete and the City Clerk will post an FPPC Form 802 on the City’s website, with the posting to remain on the website for a period of at least four years and a hard-copy retained for at least of seven years.

CITY COUNCIL AGENDA ITEM NO. G.4
03/31/2026
SUBJECT: Award of contract to Spektren Engineering Inc. for the Pavement Management Program 2026 (Concrete), CIP Project No. 336- 31705
DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Brant Wilson, Associate Civil Engineer

TITLE/RECOMMENDATION
Adopt a Resolution approving the contract documents, awarding the bid, and authorizing the City Manager or designee to execute a contract and necessary documents for the Pavement Management Program 2026 (Concrete), CIP Project No. 336-31705, (“Project”) with Spektren Engineering Inc. as the lowest responsible and responsive bidder in the amount of $373,195, plus funding authorization for a 15% contingency of $55,979, for a total funding authorization not to exceed amount of $429,174.

Per 14 CCR § 15062, a CEQA Notice of Exemption was filed with the Contra Costa County Clerk Recorder on February 25, 2026.

FISCAL IMPACT
The total contract amount with Spektren Engineering Inc. is $373,195, plus funding authorization for a 15% contingency of $55,979, for a total funding authorization notto-exceed amount of $429,174.

The funds for this Project are included in the 2025/26 – 2029/30 Capital Improvement Program (“CIP”). Funding for the Project is from General and Road Maintenance and Rehabilitation Account (“RMRA”) Funds.

There is sufficient Project budget to award the cost of the contract plus a 15% contingency.

CITY COUNCIL AGENDA ITEM NO. G.4
03/31/2026

BACKGROUND
This Project is located at various city-wide locations and consists of the removal and replacement of concrete sidewalks, accessible curb ramps, driveway approaches, curbs and gutters; removal of trees that have uplifted or damaged adjacent sidewalks and curb and gutter; and adjusting utilities to grade.

The Project was advertised on January 23, 2026, and bids were opened on February 18, 2026. The following eleven bids were received:

Bidder Bid Amount
Spektren Engineering, Inc. $373,195.00
Platinum General Engineering LLC $388,553.28
Modernscapes Innovations $397,589.00
D’s General Engineering $398,084.80
FBD Vanguard Construction, Inc. $418,300.00
Imperial Construction & Engineering, Inc. $430,837.00
Franco Engineering, Inc. $441,330.00
Kerex Engineering, Inc. $469,693.00
MG and JC Concrete, Inc. $472,149.00
Frontline General Engineering Construction, Inc. $514,037.87 Knife River Construction $711,279.00
Staff reviewed the bids received and is recommending the award of the contract to Spektren Engineering, Inc. as the lowest responsible and responsive bidder for the Project.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

ENVIRONMENTAL DETERMINATION
A Notice of Exemption was filed with the Contra Costa County Clerk Recorder on February 25, 2026, in accordance with 14 CCR § 15062.

CITY COUNCIL AGENDA ITEM NO. G.4
03/31/2026

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation.

2. Modify staff’s recommendation based on legally defensible findings.

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Contract

4. CIP Project Sheet

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 July 22, 2025, by Resolution No. 2025-82, the City Council adopted the 2025/26 – 2029/30 Capital Improvement Program, which included the Project.

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING THE CONTRACT DOCUMENTS,

AWARDING THE BID AND AUTHORIZING THE CITY MANAGER

OR DESIGNEE TO EXECUTE A CONTRACT AND NECESSARY

DOCUMENTS FOR THE PAVEMENT MANAGEMENT PROGRAM
2026 (CONCRETE), CIP PROJECT NO. 336-31705, WITH
SPEKTREN ENGINEERING, INC. AS THE LOWEST RESPONSIBLE
AND RESPONSIVE BIDDER IN THE AMOUNT OF $373,195, PLUS
FUNDING AUTHORIZATION FOR A 15% CONTINGENCY OF
$55,979, FOR A TOTAL FUNDING AUTHORIZATION NOT TO
EXCEED AMOUNT OF $429,174
WHEREAS, on July 22, 2025, by Resolution No. 2025-82, the City Council adopted the 2025/26 – 2029/30 Capital Improvement Program, which included the Pavement Management Program 2026, CIP Project No. 336-31705 (“Project”); and WHEREAS, this Project is located at various city-wide locations and consists of the removal and replacement of concrete sidewalk, accessible curb ramps, driveway approaches, curbs and gutters; removal of trees that have uplifted or damaged adjacent sidewalks and curb and gutter; and adjusting utilities to grade; and
WHEREAS, the Project was advertised on January 23, 2026, and eleven bids were received and opened on February 18, 2026; and
WHEREAS, staff reviewed the bids received and is recommending the award of the contract for the Project to Spektren Engineering, Inc. for submitting the lowest responsible and responsive bid.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve the contract documents, award the bid and authorize the City Manager or designee to execute a contract and necessary documents for the Pavement Management Program 2026 (Concrete), CIP Project No. 336-31705, with Spektren Engineering, Inc. as the lowest responsible and responsive bidder in the amount of $373,195, plus funding authorization for a 15% contingency of $55,979, for a total funding authorization not to exceed the amount of $429,174.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 31st day of March 2026 by the following vote:

Contract
This public works contract (“Contract”) is entered into by and between the City of Brentwood (“City”) and Spektren Engineering, Inc. (“Contractor”), for work on the Pavement Management Program 2026 (Concrete), CIP Project No. 336-31705 Project (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On March 24, 2026, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below. City has elected to include the following Project alternate(s) in the Contract: No Alternates

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

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

2.13 The following: No other documents

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

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $373,195 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 70 calendar days from the start date set forth in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $2,500 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

7. Labor Code Compliance.

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

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

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

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

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

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

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

City:

City of Brentwood
Engineering Department
150 City Park Way, Brentwood, CA 94513
925.516.5420
Attn: Brant Wilson, PE, Senior Associate Engineer
[email protected]

Contractor:

Name: Spektren Engineering, Inc.

Address: 7810 Monterey St.

City/State/Zip: Gilroy, CA 95020
Phone: (669) 294-1903
Attn: Emiliano Villalobos Guzman
Email: [email protected]

12. General Provisions.

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

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

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

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

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

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

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

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

12.9 Digital/Electronic Signatures. Using a City-approved method, this Contract may be executed through the use of digital or electronic signatures in accordance with Government Code Section 16.5. The presence of an electronic signature on this Contract will be construed as the Parties’ consent to do business electronically. [Signatures are on the following page.]

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

CITY: Approved as to form:
s/_______________________________ s/__________________________________ G. Harold Duffey, City Manager Thomas Lloyd Smith, Interim City Attorney Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
Amanda McVey, City Clerk
Date: ___________________________
CONTRACTOR: Spektren Engineering, Inc.

Business Name
s/_______________________________ Seal:

Emiliano Villalobos Guzman, President

Name, Title
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
Evangeline Gutierrez, Secretary
Name, Title
Date: ____________________________
_1134190, EXP: 03/21/2027________________________
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT