Concord City Council
April 28, 2026

1 COUNCILMEMBERS
Laura M. Nakamura, Mayor
Dominic D. Aliano, Vice Mayor
Pablo Benavente
Laura M. Hoffmeister
Carlyn S. Obringer
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council
Tuesday
April 28, 2026
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and/or various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA.

Please note the following change to the City’s public comment procedures: Unless a Councilmember is participating in the meeting remotely, remote public comment will not be accepted. Public comment may be provided in-person or via email, as set forth below. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.

HOW TO PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:

1. IN PERSON:
a.Members of the public can provide in-person comments in the Council Chamber.

Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chamber will have seating available for members of the public to attend in person up to full seating capacity.

2 2. REMOTE: Remote public comment will not be accepted, except when a Councilmember participates remotely. At the time of the posting of this agenda, none of the Councilmembers have notified the City Clerk’s Office that they intend to participate remotely, and therefore no remote public comment will be accepted at the meeting. If, after publication of this agenda and before the meeting begins, any Councilmember determines that they will need to participate remotely, their remote participation will be announced at the outset of the meeting in connection with the Roll Call item. If a Councilmember participates in the meeting remotely, the public may participate and provide public comment remotely, as follows:
a. Zoom: https://cityofconcord.zoom.us/j/87872660309?pwd=VOsEuf_7OgY0- 4sQzfw6QwjoF6O--A.vBOrvlpsky5Zkr8W or Zoom Webinar ID: 878 7266 0309 and Passcode: 622665
b.Zoom Phone Numbers. Dial Toll Free: (669) 900-6833 or (346) 348-7799 or (253) 215- 8782.
c.During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. If calling in via Zoom use *9 to raise and lower your hand. The meeting host will call on you, by name, and promote you to panelist in the webinar so you can be seen via your camera. Please enable your microphone when it is your turn to speak. In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required. (If you need instructions on how to use this feature, please contact the City Clerk by 3:00 p.m. of the meeting date at [email protected]).

3. EMAIL:
a.Public comments can also be submitted via email to [email protected]. Please note that emailed comments will not be read aloud by staff. Any public comments received up until 3:00 p.m. of the meeting date will be:

1. distributed to the Council before the meeting,

2. posted online for public inspection at
https://stream.ci.concord.ca.us/OnBaseAgendaOnline/Meetings/Search, and

3. inserted into the meeting record.
b.As emails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your email.

4. TO WATCH OR LISTEN ONLY:
a.Watch on TV on Comcast Channel 28, Astound/Wave Channels 29, and AT&T U-verse Channel 99
b.Watch the TV broadcast through the City’s website by following THIS LINK c.Watch Live Streaming of the meeting by following THIS LINK d.Join the Zoom webinar by following THIS LINK
3 5. INTERPRETATION OR WRITTEN TRANSLATION:

OPEN SESSION

1. OPENING
Roll Call - Councilmember Announcements of "Just Cause" Remote Participation
Pledge of Allegiance - Councilmember Benavente

2. PUBLIC COMMENT PERIOD
This is a 15-minute Public Comment Period for items within the City Council’s subject matter jurisdiction that are not on this agenda. Each speaker will be limited to approximately three minutes.

State law prohibits the City Council from acting at this meeting on any matter raised during the Public Comment Period. Please see “How to Submit Public Comments” above.

3. PRESENTATIONS
a. Proclamation – to John Jones, Executive Director, CocoKids, congratulating CocoKids on 50 Years of Non-Profit Service. Presentation by Mayor Nakamura.
b. Proclamation – to Michael Miller declaring April 28, 2026, as "Michael Miller Day" in the City of Concord. Presentation by Mayor Nakamura. c. Proclamation – to Pat Schultz, Contra Costa Fruit Rescue, declaring April 22, 2026, as "Earth Day" in the City of Concord. Presentation by Mayor Nakamura.

1. To access interpretation or written translation during the meeting, please scan the QR Code or click this link:

Para accesar a la traducción durante la reunion, por favor escanee el Código QR o haga clic en el enlace:
https://attend.wordly.ai/join/SYMQ-8840

2. Choose Language and Click Attend
Seleccione su lenguaje y haga clic en asistir

3. Use a headset on your phone for audio or read the transcript on your device.

Use sus auriculares para escuchar el audio o leer la transcipción en el dispositivo.
4 d. Proclamation – to Rocci Barsotti, Kiwanis Club of Concord, declaring April 24, 2026, as "Arbor Day" in the City of Concord. Presentation by Mayor Nakamura.
e. Presentation – to the City Clerk's Office staff declaring the week of May 3 - 9, 2026, as "Municipal Clerks' Week" in the City of Concord. Presentation by Mayor Nakamura.
f. Presentation – by Aaron Hawkins, General Manager, Live Nation, providing an update on the Toyota Pavilion at Concord. Introduction by Mayor Nakamura.

4. CITY COUNCIL CONSENT CALENDAR
The public is entitled to address the City Council on items appearing on the Consent Calendar before or during the City Council’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council, provided that any Councilmember, individual or organization may request removal of an item from the Consent Calendar for separate consideration.

If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Submit Public Comments” above. a. Considering – approval of minutes from the April 14 and 17, 2026, Special Meetings and April 14, 2026, Regular Meeting. Recommended by the City Clerk.
b. Considering – approval of a building lease with Kidango, Inc., a California Non-Profit Corporation, for the City-owned parcel located at 2750 Parkside Circle, known as Assessor Parcel #111-170-002-5, for a monthly rent of $575 plus ten cents ($0.10) per square foot of rentable space annual adjustment from the second year through the initial term of five years plus and including one extension option of five years, for a total of ten years, and authorizing the City Manager to execute the lease in a form acceptable to the City Attorney.

Recommended by the Director of Public Works.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15378, 15301, and/or 15327.
c. Considering – adoption of a Resolution to accept the Concord Police Department AB 481 2025 Military Equipment Report, 2026 Military Equipment Inventory, and approving the existing department policy and continued use of military equipment. Recommended by the Chief of Police.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, Guidelines Sections 15060(c)(2), 15061(b)(3), and/or 15378. 5 d. Considering – approval of three Maintenance Services Agreements, each for a term of up to seven years with the option for three one-year extensions, to provide landscape maintenance services on City medians, certain right-of- way areas, and small pocket parks citywide, at annual not-to-exceed amounts as follows:

1. EMTS Inc., dba Elite Maintenance & Tree Service in the not-to- exceed amount of $289,868 per year, increasing by up to 5% per year, to provide services for Area 1;

2. Gachina Landscape Management, Inc., in the not-to-exceed amount of $105,751 per year, increasing by up to 5% per year, to provide for Area 2;

3. Medallion Landscape Management, LLC. in the not-to-exceed amount of $100,269 per year, increasing by up to 5% per year, to provide services for Area 3; and

4. Authorizing the City Manager to execute the agreements in a form acceptable to the City Attorney. (Operating Budget). Recommended by the director of Public Works.

CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15378, 15301, 15302, 15304, and/or Public Resources Code Section 21065.
e. Considering – approval of a Construction Contract in the not-to-exceed amount of $522,100 to Palomas Landscape Inc., including a $454,000 base amount and an additional 15% as project contingency for contract change orders, for street median landscaping renovations within Galindo Street, at Oak Street to Monument Blvd at Systron Drive, and within Monument Blvd. at the City entrance from Pleasant Hill; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney. (Measure V/State Gas Tax) Recommended by the Director of Public Works.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b), 15301, 15302, 15304, 15378 and/or Public Resources Code (PRC) Section 21065.
f. Considering – adoption of eight Resolutions accepting the Preliminary Engineer's Reports and ordering improvements in the Downtown Landscape Maintenance District, Pine Hollow Landscape Maintenance District, Landscaping and Lighting Maintenance District No. 3, and the Citywide Street Lighting Assessment District, and setting a Public Hearing for May 26, 2026.

Recommended by the Director of Public Works.

CEQA: Not a “project” under Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c)(3), 15273, and/or 15378; in the alternative, exempt under Guidelines Section 15061(b)(3). 6 5. CITY COUNCIL CONSIDERATION ITEM
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Submit Public Comments” above. a. Considering – approval of a work program and Professional Services Agreement with MIG, Inc., in an amount not-to-exceed $163,064 for updates to the Objective Design Standards (ODS) to address small lot residential subdivisions, individual single-family homes, and two-unit developments under SB 9; authorization of the City Manager to execute the agreement in a form acceptable to the City Attorney; and adoption of CEQA determinations for this work. (General Fund) Recommended by the Director of Community Development.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), and/or 15378.

6. CITY COUNCIL PUBLIC HEARING
Persons who wish to speak on Public Hearings listed on the agenda will be heard when the public hearing is opened, except on public hearing items previously heard and closed to public comment.

After the public has commented, the item is closed to further public comment and brought to the Council level for discussion and action. Further comment from the audience will not be received unless requested by the Council. No public hearing shall commence after 10 p.m. unless approved by majority vote of the City Council. Please see “How to Submit Public Comments” above. a. Considering – adoption of a Resolution amending Exhibit A to Resolution No. 78-6042 (establishing fees and charges for various municipal services and programs in the City of Concord). Recommended by the Director of Finance.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c), 15061(b), 15262, 15273, and/or 15378.

7. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. a. Letter to State Senator McNerney re: SB1408 (Arreguin) - Contra Costa Transportation Authority - Support - April 16, 2026
b. Correspondence received at meeting from Kristi Laughlin

8. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
7 Council Reports

9. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 5/12/2026 6:30 PM

NOTICE TO THE PUBLIC
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited by California law to raising only those issues you or someone else raised in the hearing or in a written correspondence delivered to the City Council prior to or at the hearing.

In accordance with the Americans with Disabilities Act and California Law, it is the policy of the City of Concord to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the ADA Coordinator Tianjun Cao at (925) 671-3243 or [email protected], at least 24 hours in advance of the meeting. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility.

SPECIAL MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CONFERENCE ROOM
1950 PARKSIDE DRIVE, WING A

CONCORD, CALIFORNIA
TUESDAY, APRIL 14, 2026
The Concord City Council met in a special meeting in the City Council Conference Room, located at 1950 Parkside Drive, Wing A, Concord, California at 5:30 p.m. on Tuesday, April 14, 2026, with Mayor Nakamura presiding and Vice Mayor Aliano absent. (Councilmember Hoffmeister arrived at 5:43 p.m.) Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

No public comment was received.

A closed session was held on PUBLIC EMPLOYEE APPOINTMENT Government Code Section 54957 Title: City Manager.

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): Six potential cases.

CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 2 Agency designated representatives: Valerie Barone, City Manager; Jasmin Loi, Director of Human Resources; Lisa Charbonneau, Esq., Liebert Cassidy Whitmore Employee organizations: Peace Officer Representation Unit of Concord Police Officers Association; and Police Managerial Representation Unit of Police Managers’ Association, and

CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Valerie Barone, City Manager; Jasmin Loi, Director of Human Resources; Lisa Charbonneau, Esq., Liebert Cassidy Whitmore Employee organizations: Administrative, Technical & Clerical Representation Unit and Field & Operations Representation Unit of International Brotherhood of Teamsters Local 856; and Professional Representation Unit of OPEIU Local 29.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on April 14, 2026, at 6:29 p.m.

LAURA M. NAKAMURA
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

4.a4.a4.a

REGULAR MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, APRIL 14, 2026
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, April 14, 2026, with Mayor Nakamura presiding. The pledge of allegiance was led by Vice Mayor Aliano. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Pablo Benavente, Laura Hoffmeister, Carlyn Obringer, Laura Nakamura
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Monique Robinson, Deputy City Clerk; Mindy Gentry, Director of Community Development; Kit Jory, Director of Public Works; Mark Bustillos, Chief of Police; James Nakayama, Police Captain; Mark Robison, Police Captain; Renee Williams, Police Lieutenant; Kyle Colvin, Police Sergeant; Trish Beirne, Emergency and Volunteer Services Manager; Sophia Huckabay, Housing Manager; Carlton Thompson, City Engineer; Jeff Rayos, Administrative Services Manager; Bruce Davis, Senior Civil Engineer; Colleen Awad, Community Relations Manager; Lisa Roeber, Program Manager; Abhishek Parikh, Deputy Director of Public Works – Transportation; Kevin Wheat, Associate Civil Engineer; Eli Kaplan, Housing Program Analyst

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Natalie; Debra Ballinger, United Latino Voices; Anonymous

PUBLIC COMMENT PERIOD
Natalie spoke of two op-eds printed in the local gazette and issues outside of the City’s purview.

PRESENTATIONS
PROCLAMATION – American Muslim Appreciation and Awareness Month No public comment was received.

The City Council Consent Calendar was considered out of agenda order.

CITY COUNCIL CONSENT CALENDAR
No public comment was received.

City Council Minutes April 14, 2026
2 APPROVE MINUTES – March 20, 21 and 24, 2026, Special Meetings and March 24, 2026, Regular Meeting
A motion was made by Benavente and seconded by Obringer to approve the minutes from the March 20, 21 and 24, 2026, Special Meetings and March 24, 2026, Regular Meeting. The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION NO. 26-14 – Authorizing Execution of Cal OES Form 130 A motion was made by Benavente and seconded by Obringer to adopt Resolution No. 26-14 entitled, “A Resolution Authorizing Execution of Cal OES Form 130, Designation of Applicant’s Agent Resolution for Non-State Agencies, Designating Three Authorized Agents to Act on Behalf of the City of Concord for the Purpose of Obtaining Federal and/or State Financial Disaster Assistance and Related Existing or Future Grant Programs.” The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION NO. 26-15 – Amending Resolution No. 25-47 adding a Regular Council Meeting to the 2026 City Council Meeting Calendar.

A motion was made by Benavente and seconded by Obringer to adopt Resolution No. 26-15 entitled, “A Resolution Amending Resolution No. 25-47 by Adding a Regular Council Meeting on July 28, 2026, to the 2026 City Council Meeting Calendar.” The motion passed by unanimous vote of the Council.

AWARD CONSTRUCTION CONTRACT, APPROVE TASK ORDER, APPROVE BUDGET TRANSFER, AND ACCEPT IMPROVEMENTS – Diamond Blvd Pavement Rehabilitation (Project No. 2727) A motion was made by Benavente and seconded by Obringer to:

1. Award a construction contract in the amount of $1,779,065.85 to MCK Services, Inc. for the Diamond Blvd Pavement Rehabilitation Project (Project No. 2727), authorize up to 10% contingency for contract change orders, and authorize the Mayor to execute the contract in a form acceptable to the City Attorney;

2. Approve Task Order No. 4 with Avila Project Management in the not-to-exceed amount of $286,621.00 to provide construction management, inspection, and related services for Project No. 2727, and authorize the City Manager to execute the Task Order in a form acceptable to the City Attorney;

3. Approve of a $1,150,000 budget transfer and appropriation to Project No. 2727 from the Residential Pavement Maintenance Phase E (Project No. 2621); and

4. Authorize the City Engineer to accept improvements upon completion of Project No. 2727 and direct the City Clerk to file a Notice of Completion.

The motion passed by unanimous vote of the Council.

AWARD CONSTRUCTION CONTRACT, APPROVE BUDGET TRANSFER, AND ACCEPT IMPROVEMENTS – Residential Pavement Maintenance Phase E & F (Project Nos. 2611 & 2624) This item was pulled from consideration on the Consent Calendar by Councilmember Hoffmeister.

A motion was made by Hoffmeister and seconded by Benavente to:

1. Award a construction contract in the amount of $4,607,53.60 to Goodfellow Bros, California, LLC for the Residential Pavement Maintenance Phase F Project located in the Monte Gardens, Dana Estates, and East Concord neighborhoods (City Project Nos. 2611 & 2624), authorize staff to utilize the available project contingency for contract change order up to 10%

City Council Minutes April 14, 2026
3 of the contract amount, and authorize the Maor to execute the contract in a form acceptable to the City Attorney;

2. Approve budget transfer and appropriate a total of $2,625,000 from the Residential Phase E Project (Phase Nos. 2613 & 2621) and Pavement Rehabilitation Project No. 9 (Project No. 2528); and

3. Authorize the City Engineer to accept improvements upon completion of the Residential Pavement Maintenance Phase F Project and direct the City Clerk to file a Notice of Completion.

The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION NO. 26-16 – Supporting Issuance of Multifamily Housing Revenue Bonds – Lakeside Apartments
A motion was made by Benavente and seconded by Obringer to adopt Resolution No. 26-16 entitled, A Resolution Supporting the Issuance of Multifamily Housing Revenue Bonds by the County of Contra Costa to Finance the Rehabilitation of Lakeside Apartments, an Existing 124-unit Affordable Housing Complex located at 1897 Oakmead Drive in Concord, California. The motion passed by unanimous vote of the Council.

ACCEPT BID WITHDRAWAL, AWARD CONSTRUCTION CONTRACT, APPROVE BUDGET

TRANSFER, APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT, APPROVE TASK ORDER, AND ACCEPT IMPROVEMENTS – Transportation Offices at the Corporation yard (Project No. 2648)
This item was pulled from consideration on the Consent Calendar by Mayor Nakamura.

A motion was made by Obringer and seconded by Benavente to:

1. Accept bid withdrawal request from the CWS Construction Group Inc.;

2. Award a construction contract to Giant Construction, Inc. in the amount $3,449,000, authorize up to 10% for contract change orders, and authorize the Mayor to execute the contract in a form acceptable to the City Attorney;

3. Approve budget transfers and appropriate $1,800,000 from various projects and $900,000 from the Off-Street Improvement Program (OSIP) Fund balance to Project No. 2648;

4. Approve the Amendment to the Professional Services Agreement with Lowney Architecture in the not-to-exceed amount of $32,300 for construction administration services and authorize the City Manager to execute the Amendment in a form acceptable to the City Attorney;

5. Approve Task Order No. 8 with Wilsey Ham in the not-to-exceed amount of $173,522, authorize up to a 10% contingency to provide construction management and related services, and authorize the City Engineer to execute the Task Order in a form acceptable to the City Attorney; and

6. Authorize the City Engineer to accept the improvements upon completion and direct the City Clerk to file a Notice of Completion.

The motion passed by unanimous vote of the Council.

City Council Minutes April 14, 2026
4 APPROVE PURCHASE OF TWO PREFABRICATED RESTROOM STRUCTURES – Meadow Homes Restroom Replacement Project (Project No. 2635)
A motion was made Benavente and seconded by Obringer to approve the purchase of two ExeLoo prefabricated restroom structures and related services, including a 5% contingency, in the not-to- exceed amount of $547,608.60 for the Meadow Homes Restroom Replacement Project (Project No. 2635). The motion passed by unanimous vote of the Council.

AUTHORIZE INCREASE IN PURCHASING AUTHORITY FOR REPAIRS AND REPLACEMENTS – Bel Air Mechanical
A motion was made by Benavente and seconded by Obringer to authorize an increase in purchasing authority with Bel Air Mechanical for repairs and replacements of building HVAC components and equipment in a not-to-exceed amount of $150,000 for FY2025-2026, and authorize the City Manager to execute a new contract amendment in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

APPOINTMENTS TO THE MEASURE V OVERSIGHT COMMITTEE – Brian Beckon and Joel Smith This item was pulled from consideration on the Consent Calendar by Mayor Nakamura.

A motion was made by Aliano and seconded by Obringer to appoint Joel Smith (business community member) and Brian Beckon (resident member) to the Measure V Oversight Committee for terms ending December 31, 2029, as recommended by the Council Committee on Policy, Development, and Internal Operations (Nakamura/Aliano). The motion was passed by unanimous vote of the Council.

APPROVE CITY-OWNED PARCEL LAND LEASE WITH FUTURE FORD
A motion was made by Benavente and seconded by Obringer to approve a land lease with Future Ford for the City-owned parcel located at 1270 Diamond Way between Clayton Road West and Franquette Avenue, in the City of Concord, County of Contra Costa, State of California, known as Assessor Parcel #127-240-016 for a monthly rent of $6,600 plus five percent (5%) annual adjustment for the initial term of five years plus and including two extension options of five years each, for a total of fifteen years. The motion was passed by unanimous vote of the Council.

Public Hearing Item on the Consent Calendar
ADOPT RESOLUTION NO. 26-17 – Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) – La Vista Apartments
A motion was made by Benavente and seconded by Obringer to adopt Resolution No. 26-16 entitled, “A Resolution Pursuant to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) and the Internal Revenue Code of 1986 Approving the Issuance of the California Municipal Finance Authority Multifamily Housing Revenue Bonds in an Aggregate Principal Amount Not to Exceed $23,000,000 for the Purpose of the Acquisition, Rehabilitation, Improvement, and Equipping of La Vista Apartments and Existing 75-unit Affordable Multifamily Rental Housing Project Located at 3838 Clayton Road, Concord, California, and Certain Other Matters Relating Thereto.” The motion passed by unanimous vote of the Council.

PRESENTATIONS CONTINUED

MARIN CLEAN ENERGY (MCE) UPDATE
Public comment was provided by Natalie.

City Council Minutes April 14, 2026
5 MUSIC AND MARKET PROGRAM UPDATE
No public comment was received.

CONCORD POLICE DEPARTMENT UPDATE
Public comment was provided by:

Debra Ballinger, United Latino Voices
Anonymous
Natalie

ANNOUNCEMENT

RECRUITMENT TO FILL UNSCHEDULED VACANCY ON THE PARKS, RECREATION, AND OPEN

SPACE COMMISSION
City Clerk Joelle Fockler announced a recruitment to fill an unscheduled vacancy on the Parks, Recreation, and Open Space Commission for the remainder of a four-year term ending June 30, 2029, and setting a deadline of Friday, May 15, 2026, at 5 p.m. as the deadline for receipt of applications by the City Clerk.

CORRESPONDENCE
a. Letter to Congressman DeSaulnier re: support for East Bay Regional Park District South of Bailey Road – Community Development Project -Phase 2 - March 24, 2026 b. Letter to Senator Grayson re: SB 1145 (Grayson) - Support - April 7, 2026 c. Agenda Item No. 3.b – Marin Clean Energy - PowerPoint Presentation d. Agenda Item No. 3.c – Music and Market Update - PowerPoint Presentation e. Agenda Item No. 3.d – Public Safety Update 2025 Review - PowerPoint Presentation

COUNCIL REPORTS
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on April 14, 2026, at 10:21 p.m.

LAURA M. NAKAMURA
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

SPECIAL MEETING OF THE

CONCORD CITY COUNCIL

HILTON CONCORD
1970 DIAMOND BLVD., CLUB ROOM 1

CONCORD, CALIFORNIA
FRIDAY, APRIL 17, 2026
The Concord City Council met in a special meeting at the Hilton Concord, located at 1970 Diamond Blvd., Club Room 1, Concord, California, at 1:00 p.m. on Friday, April 17, 2026, with Mayor Nakamura presiding and all Councilmembers present. (Councilmember Hoffmeister arrived at 1:07 p.m.) Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

No public comment was received.

A closed session was held on PUBLIC EMPLOYEE APPOINTMENT Government Code Section 54957 Title: City Manager and CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: City Council (Dominic Aliano, Pablo Benavente, Laura Hoffmeister, Laura Nakamura, Carlyn Obringer) and unrepresented Employee: City Manager.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on April 17, 2026, at 6:13 p.m.

LAURA M. NAKAMURA
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Staff Report
Date: April 14, 2026
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kit P. Jory Sr., Director of Public Works
Prepared by: Ken Yee, Facilities Maintenance Manager
[email protected]
(925) 671-3025
Subject: Considering approval of a building lease with Kidango, Inc., a California Non-Profit Corporation, for the City-owned parcel located at 2750 Parkside Circle, known as Assessor Parcel #111- 170-002-5, for a monthly rent of $575 plus ten cents ($0.10) per square foot of rentable space annual adjustment from the second year through the initial term of five years plus and including one extension option of five years, for a total of ten years, and authorizing the City Manager to execute the lease in a form acceptable to the City Attorney.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15378, 15301, and/or 15327.

Report in Brief
Kidango, Inc., a California Non-Profit Corporation, (Kidango) has been leasing the city- owned parcel located at 2750 Parkside Circle for its early child learning and care uses since 2020. The building lease agreement expired on December 31, 2025, and Kidango desires to lease the property for an additional period of up to ten years. As a leading early care and education (ECE) non-profit, Kidango currently serves 65 low-income families that attend its Baldwin Park center in the City of Concord.

4.b4.b4.b

City Council Agenda Report
Agenda Item No. 4.b
April 14, 2026
Recommended Action
Approve a new building lease agreement with Kidango for the city-owned parcel located at 2750 Parkside Circle, known as Assessor Parcel #111-170-002-5 for a monthly rent of $575 plus ten cents ($0.10) per square foot of rentable space annual adjustment from the second year through the initial term of five years plus and including one extension option of five years, for a total of ten years, authorize the City Manager to execute the lease in a form acceptable to the City Attorney, and make the CEQA determinations as provided in this staff report.

Background
Kidango is the largest provider of preschool, operating 50+ childcare centers in the Greater San Francisco Bay Area. The organization provides families with quality options at affordable prices for preschool and childcare. The organization offers early intervention and early childhood behavioral health specialists as part of their program.

These professionals work in a child’s classroom and/or their home, depending upon needs. Family advocates and enrollment specialists help families access services, such as affordable health care, dental care, housing, job training, and other supports.

Kidango leases the City building located at 2750 Parkside Circle, which is adjacent to Baldwin Park and the City’s Senior Center, at a rate of $375 per month ($4,500 per year). The company operates a childcare facility in this building, providing onsite services to low-income families. The existing three-year lease with one renewal term of three years commenced on January 1, 2020, and expired on December 31, 2025. The lease is now on a month-to-month basis.

Analysis
Kidango desires to enter into a new lease agreement with the City at a rate of $575 per month ($6,900 per year) with an annual adjustment of $0.10/sf from Year two through Year 10. The new lease rate is within the range of other lease agreements that Kidango has with other Cities in the region, and it will allow the tenant to continue its operation of a child early learning and care center serving low-income families within our community.

By approving this five-year lease with one five-year extension option, Kidango will have better access to State funding to assist them in providing these services to the communities in Concord.

Financial Impact
The proposed new building lease includes a monthly rental of $575 ($6,900 per year) plus ten cents ($0.10) per square foot annual adjustment from the second year through the initial term of five years plus and including one extension option of five years, for a total of ten years.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), and/or 15378, award of this contract is not subject to environmental review under the California Environmental Quality Act (“CEQA”) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect

City Council Agenda Report
Agenda Item No. 4.b
April 14, 2026
physical change in the environment. In the alternative, this lease is considered categorically exempt from further environmental review pursuant to the California Environmental Quality Act (“CEQA”) per CEQA Guidelines Section 15301 – Existing Facilities, and/or 15327 – Leasing New Facilities. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.

Public Contact
The City Council Agenda was posted.

Attachments

1. City Parcel GIS Maps

2. Kidango Building Lease Agreement

Attachment 1
Figure 1 https://concordgis.ci.concord.ca.us/internalgis/ - Assessor Parcel #111-170-002 at 2750 Parkside Circle, Concord.
2750 Parkside Circle

1 Building Lease Agreement
Between
City of Concord, a municipal agency
as Landlord
and
Kidango, Inc., a California Non-Profit Corporation
as Tenant
For the lease of 2750 Parkside Circle, Concord, CA 94519 January 1, 2026
Attachment 2

2 BASIC LEASE INFORMATION
The following is a summary of basic lease information (the "Basic Lease Information").

Each item below shall be deemed to incorporate all of the terms in this Building Lease Agreement (this “Lease”) pertaining to such item. In the event of any conflict between the information in this Basic Lease Information and any more specific provision of this Lease, the more specific provision shall control.

Lease Reference Date: January 1, 2026
Landlord: City of Concord, CA, a municipal agency
Tenant: Kidango, Inc., a California Non-Profit
Corporation
Premises (Article 1): City-owned Baldwin Park Center parcels located at 2750 Parkside Circle, in the City of Concord,
County of Contra Costa, State of California,
within the Assessor’s Parcel # 111-170-002-5.

Rentable Area of Premises (Article 1): Approximately 4,600 rentable square feet of interior spaces located in a free-standing building
(the “Building”) plus both front and back yards
at the location.

Term (Article 2, Section 2.1): Lease Commencement Date: the Term of this Lease shall be for five (5) years commencing
January 1, 2026 and ending December 31, 2030.

Tenant shall have one (1) 5-year renewal option
as set forth in Section 2.4.

Base Rent (Article 2, Section 2.2): One Dollar and Fifty Cents ($1.50) per square foot of rentable space in the Building per year, or
$575.00 per month, or $6,900 per year,
commencing on the Lease Commencement Date.

Additional Charges (Article 4, Section 4.1): Tenant shall provide certain maintenance services for the Premises at its sole cost and
expense. Tenant is responsible for utilities to the
Premises as set forth in Section 3.5.

Permitted Uses (Article 3, Section 3.1): Tenant shall use and occupy the Premises as part of Tenant’s childcare center at the location.

Utilities and Services (Article 3, Section 3.5): Tenant shall maintain and pay for all water, heat, light, power, telephone, and any other utilities
supplied to the Premises at its own cost and
expense. Tenant is responsible for services and
utilities to the Premises as set forth in Section

3.5.

3 Notice Address of Landlord and Tenant:
(Article 6, Section 6.2):

Notice Address for Landlord:

And a copy to:

City of Concord
City Clerk
1950 Parkside Drive
Concord, CA 94519
City of Concord
Public Works – Contract Administration
1455 Gasoline Alley
Concord, CA 94520
Notice Address for Tenant: Kidango, Inc.

Scott Moore
Chief Executive Officer
RE: Kidango – Concord Balwin Park Center
44000 Old Warm Springs Boulevard
Fremont, CA 94538

4 SPECIFIC LEASE TERMS
This Lease, dated April 14, 2026, is between the City of Concord, a municipal agency (“CITY” or “Landlord”), and Kidango, Inc., a California Non-Profit Corporation (hereinafter referred to as “Tenant”).

Landlord, in consideration of the rents and covenants herein to be paid, kept and performed by Tenant, and upon the condition that all thereof shall be fully paid, kept and performed by Tenant, hereby Leases to Tenant those premises as described herein.

ARTICLE 1. PREMISES
Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, for the term, at the rent, and upon the covenants and conditions hereinafter set forth, those City-owned parcel located at 2750 Parkside Circle, in the City of Concord, County of Contra Costa, State of California, within the Assessor’s Parcel #111-170-002-5 consisting of approximately 4,600 rentable square feet in a free-standing building (the “Building”) and both front and back yards adjacent to the Building. The City owned parcel is depicted on "Exhibit A" attached hereto and made a part hereof, subject to easements and restrictions of record and subject to the restrictions and regulations of any and all federal, state, county or municipal authorities having jurisdiction and any amendments or additions thereto (the “Premises”).

ARTICLE 2. TERM AND RENT

2.1 Term
The term of this Lease shall be for five (5) years commencing January 1, 2026, the Lease Commencement Date, and ending on December 31, 2030, the Expiration Date, or such earlier date on which this Lease terminates pursuant to the provisions of this Lease. Tenant shall have one (1) 5-year renewal option as set forth in Section 2.4.

2.2 Base Rent
Beginning on the Lease Commencement Date, Tenant shall pay Landlord One Dollar and Fifty Cents ($1.50) per rentable square foot within the Building, equaling $575.00 per month or $6,900 per year, during the Term, as the base net rent on or before the first day of each month, beginning January 1, 2026. If Tenant is delinquent in any monthly installment of Base Rent for more than five (5) days after receipt of written notice of such delinquency from Landlord, Tenant shall pay to Landlord on demand a late charge equal to five percent (5%) of such delinquent sum. This late charge does not apply to the rent payments made prior to the City Council and City Manager’s approvals.

5 2.3 Adjustments in Base Rent
The Base Rent payable under Article 2, Section 2.2 shall be adjusted annually by Ten Cents ($0.10) per square foot of rentable space in the Building per year or $460 per year. See “Exhibit B” attached hereto for rent payment schedule.

2.4 Renewal Option
Provided that as of the time of the giving of the Extension Notice and the Commencement Date of the Extension Term (defined as follows), (i) Kidango, Inc., the Tenant originally named herein, is in occupancy of the Premises, and (ii) no Event of Default exists or would exist but for the passage of time or the giving of notice, or both; then Tenant shall have the right (the “Extension Right”) to extend the Term for an additional term of five (5) years (such additional term is hereinafter called the “Extension Term”) commencing on the day following the original scheduled expiration date of the Term (hereinafter referred to as the “Commencement Date of the Extension Term”). Tenant shall give Landlord notice (hereinafter referred to as “Extension Notice”) of its election to extend the term of the Term at least twelve (12) months and not more than eighteen (18) months, prior to the original scheduled expiration date of the Term.

ARTICLE 3. PERMITTED USE

3.1 Specified Use
Tenant shall use and occupy the Premises as part of Tenant’s childcare center. No other uses are permitted or allowed without the City’s advanced written approval, which approval the City shall not unreasonably withhold, condition or delay.

3.2 Condition of Premises
Tenant has occupied the Premises. The Premises are being leased to Tenant in their current, existing, "as is" condition subject to all applicable building and zoning, municipal, county, state and federal laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto. Tenant is familiar with the existing condition of the Building, Premises, and any improvements, and acknowledges that Landlord has made no express or implied representation or warranty regarding the condition of the improvements, Premises, Building, or any portion thereof or the suitability thereof for the permitted use, nor has Landlord agreed to undertake any modification, alteration or improvement to the Premises.. Tenant is familiar with the prior and existing condition of the Premises, and any improvements, that Tenant is solely responsible for any damage thereto dating back to Tenant’s initial occupancy thereof, reasonable wear and tear excepted.

6 3.3 Compliance with Law
Tenant shall not use the Premises or permit anything to be done in or about the Premises which constitutes a nuisance or waste or which will in any way conflict with any law, statute, zoning restriction, ordinance or governmental rule or regulation or requirements of duly constituted public authorities now in force or which may hereafter be in force insofar as Tenant is subject thereto. Commencement of any proceedings to prohibit Tenant's use of the Premises due to Tenant’s failure to comply with the terms of this Section 3.3 after receipt of notice thereof and failure to cure within the statutorily prescribed period, shall, at the option of the Landlord, be deemed a breach hereof.

3.4 Improvements
Tenant shall not make any improvements or alternations to the Premises until design and improvement plans are reviewed by City and written approval from City Manager or designee is received by Tenant, which approval shall not be unreasonably withheld, conditioned or delayed. Subsequent improvements or alterations to the Premises shall also require review and prior written approval by the City Manager or designee mandated by City ordinance, which approval shall not be unreasonably withheld, conditioned or delayed. Unless directed otherwise in writing by Landlord at least thirty (30) days prior to the termination of this Lease, Tenant shall remove any additions or improvements made by Tenant in the Premises within thirty (30) days after termination of this Lease and shall restore the Premises to their condition as of the Commencement Date, subject to ordinary wear and tear.

3.5 Utilities
Tenant shall maintain and pay for all water, heat, light, power, telephone, and any other utilities supplied to the Premises, at Tenant’s own cost and expense. Landlord shall not be liable for any failure or interruption of any utility service furnished to the Premises, and no such failure or interruption shall entitle Tenant to any abatement in Rent or to terminate this Lease, unless such interruption is due to the negligence or willful misconduct of Landlord.

3.6 Removal of Waste
Tenant shall, at its own expense, be responsible for the removal of all waste, water, trash and rubbish resulting from the maintenance or operation of the Premises. Tenant shall supply its own means of trash removal and shall not in any way use City refuse containers.

3.7 Signs
Tenant shall not place, or permit to be placed on the Premises, any additional signs (other than “no trespassing” and “Kidango” signs), advertisements or notices, without Landlord's prior written consent, which consent Landlord shall not unreasonably withhold, condition or delay.

7 3.8 Vending
Tenant shall not conduct or permit the vending or sale of any goods or services upon the Premises.

3.9 Hazardous Materials
Tenant shall not use, create, store or allow any hazardous materials or waste on the Premises, other than ordinary office supplies used and stored in quantities that are reasonable for Tenant’s operation of a childcare center in the Premises. Tenant shall be responsible for and bear the entire cost of removal and disposal of hazardous materials or waste, including any spills or leaks of oil, gasoline, or contaminants, introduced to the Premises by Tenant during Tenant's period of possession of the Premises. Tenant shall also be responsible for any cleanup and decontamination on or off the Premises necessitated by such material or waste introduced to the Premises by Tenant during Tenant's period of possession of the Premises.

ARTICLE 4. MAINTENANCE AND REPAIRS

4.1 Tenant's Obligations
Tenant, at its own cost and expense, shall maintain the interior of the Building, all doors and windows in the Building, and the yard areas on the Premises, in good condition and repair and in compliance with all applicable requirements of law. Tenant shall maintain, with a licensed contractor, the heating, ventilation and air conditioning (the “HVAC”) system servicing the Building. Tenant shall maintain existing fencing in the yard areas in good repair; remove graffiti, litter, debris, abandoned property, and trash, as required, including as provided in Section 3.6 (Removal of Waste); and shall perform seasonal weed abatement in the yard areas. In the event of any homeless encampments or similar presence on or near the Premises, Tenant shall promptly notify the City and the City shall cause local law enforcement to remove such encampment or similar presence as soon as is reasonably possible, at no expense to Tenant.

Upon receipt of Landlord’s written request, Tenant shall designate in writing to Landlord a representative of Tenant (including telephone and email contact information) who shall be responsible for the day-to-day operation and level of maintenance, cleanliness and general order of the Premises.

4.2 Landlord's Rights and Obligations.

In the event Tenant fails to perform its obligations under Section 4.1 above, Landlord shall give Tenant thirty (30) days written notice to perform such acts as are reasonably required to so maintain the Premises. If Tenant fails to commence the work within the said thirty- day period or fails to diligently prosecute it to completion, Landlord shall have the right, but not the obligation, to perform such acts and expend reasonable funds at the expense of

8 Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be reimbursed and paid by Tenant promptly after demand. Landlord shall exercise reasonable diligence in performing such as so as not to inconvenience or interference with the use of the Premises by Tenant as a result of performing such work.

Landlord, at its own cost and expense, shall keep the roof, exterior walls, structure and foundation of the Building, all exterior areas outside of the Building, other than the yard areas, including the fence, and all sidewalks, driveways and parking areas (including, without limitation lighting and landscaping), all in good and safe operating condition.

Provided Tenant has provided for the maintenance of the HVAC system servicing the Building in accordance with Section 4.1 above, Landlord shall be responsible for any repairs or replacements to such HVAC system, unless such repairs or replacements are made necessary due to the actions of Tenant or Tenant’s employees, contractor, agents or invitees, in which event Tenant shall be responsible for such repairs or replacements. The Tenant is responsible for providing notice to the Landlord is any of these areas require work.

4.3 Certified Access Specialist Inspection. As of the Effective Date, Landlord hereby notifies Tenant that neither the Building nor the yard areas have been inspected by a Certified Access Specialist (a “CASp”). Landlord provides the following CASp disclosure notice required by applicable law:
“A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.”

4.4 Prevailing Wages. Tenant acknowledges and agrees that any improvements, repairs, maintenance or alterations made by or on behalf of Tenant to the Premises, Building, or any portion thereof (“Improvement Work”), whether paid for in whole or part by Landlord or which are considered to have been paid for in whole or part by Landlord and become Landlord’s property upon the expiration or other termination of this Lease), will constitute “[c]onstruction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds…” California Labor Code Section 1720. Accordingly, Tenant shall comply with applicable prevailing wage policies as set forth in the City of Concord Municipal Code, applicable California Labor Code requirements pertaining to “public works” (California Labor Code Section 1720 et seq., as amended from time to time and implementing regulations), the Davis-Bacon Act (sec. 1-7, 46 Stat. 1949, as amended; Pub. L. 74-403, 40 U.S.C. 3141-3148, as amended from time to time and implementing regulations), and all other applicable decisions,

9 statutes, ordinances, resolutions, decrees, orders, writes, rules, or regulations of any federal, state, regional, county, local or other governmental agency, legislative body, court, authority, administrative agency, regulatory body, commission, joint powers agency or instrumentality (“Laws”) addressing the payment of prevailing wages in connection with any Improvement Work (collectively, “Prevailing Wage Laws”). Tenant shall require the general contractor for any Improvement Work to submit, upon request by Landlord, certified copies of payroll records to Landlord and to maintain and make records available to Landlord and its designees for inspection and copying to ensure compliance with Prevailing Wage Laws. Tenant shall also include in its general contractor agreement, and in all of its subleases and other contracts, a provision in a form acceptable to Landlord which obligates the general contractor and others as applicable (a) to comply with, and to require that their respective subtenants, contractors and/or subcontractors comply with, Prevailing Wage Laws, and (b) upon receipt of written request by Landlord, to submit certified copies of payroll records to Landlord and to maintain and make such payroll records available to Landlord and its designees for inspection and copying, during regular City business hours, at the Premises or at another location within the City of Concord.

Tenant shall defend, indemnify and hold harmless Landlord and its officers, officials, employees, volunteers, agents and representatives (collectively, “Indemnitees”) from and against any and all present and future actions, causes of action, claims, cross-claims, disputes, demands, damages (including special and consequential damages), losses, fines, taxes, costs, loss of service, expenses, liabilities, obligations, attorneys’ fees, and debts of whatever kind, character, or nature, in law, equity, contract or tort, or otherwise (“Claims”), arising out of or in any way connected with Tenant’s obligation to comply with all Laws with respect to any Improvement Work and/or Prevailing Wage Laws, including all Claims that may be made by contractors, subcontractors, or other third party claimants pursuant to Labor Code Section 1726.

The obligations of Tenant under this Section shall survive the expiration or other termination of the Lease. Tenant shall ensure that its contracts with any contractor(s) contain substantially similar Prevailing Wage Laws requirements.

4.5 Condition of Premises on Termination or Expiration of Lease Upon termination or expiration of this Lease, Tenant, at its sole cost, shall surrender the Premises to Landlord in good and sanitary order, condition and repair except for ordinary wear and tear, and free of subleases, liens, charges, restrictions or encumbrances and shall have restored the Premises to their condition at the commencement of the Term, subject to Section 3.2 and Section 3.4 above.

ARTICLE 5. INDEMNIFICATION

5.1 Waiver of Claims
Tenant shall assume all risk of damage to property and/or personal injury or death of any person in or about the Premises from any cause arising out of this Lease, except to the extent caused by Landlord’s gross negligence or willful misconduct. It is expressly agreed

10 that Tenant rather than Landlord is wholly responsible for maintaining safe conditions on the Premises during the term of the Lease, and that Landlord’s non-provision of maintenance, police or safety services does not constitute negligence of any kind.

5.2 Agreement to Indemnify
Tenant shall defend, indemnify and hold the City, its directors, officers, agents and employees harmless from all claims, demands, suits, loss, damages, injury and liability (direct or indirect, including any and all costs and expenses in connection therewith) arising out of Tenant’s use and occupancy of the Premises or Tenant’s breach of this Lease, except to the extent caused by Landlord's sole negligence or willful misconduct.

Landlord shall defend, indemnify and hold Tenant, its directors, officers, agents and employees harmless from all claims, demands, suits, loss, damages, injury and liability (direct or indirect, including any and all costs and expenses in connection therewith) arising out of Landlord’s performance under this lease, or Landlord’s breach of this Lease, except to the extent caused by Tenant's sole negligence or willful misconduct.

ARTICLE 6. INSURANCE
At all times during the term of this Lease, or as may further be required by this Lease, Tenant at its own cost and expense shall provide the insurance specified by this Article.

6.1 Evidence Required
At or before execution of this Lease, Tenant shall provide Landlord with a certificate of insurance executed by an authorized representative of the insurer(s) evidencing that Tenant's insurance complies with this Article. The certificate shall reference the applicable lease agreement as title to which the certificate relates. The City shall be named as Additional Insured and the Certificate Holder. All City-required coverages and endorsements shall be included with and attached to the Certificate of Insurance.

6.2 Notice of Cancellation, Renewal, Reduction or Material Change in Coverage All policies shall be endorsed to provide thirty (30) days prior written notice of any cancellation, reduction or material change in coverage. For policies that extend beyond the coverage policy year, Tenant shall submit to the City's Manager of Insurance certification confirming the insurance has been renewed and continues in place. Notice shall be forwarded to:

Landlord:

City of Concord
City Clerk
1950 Parkside Drive
Concord, CA 94519

11 And a copy to:

City of Concord
Public Works – Contract Administration
1455 Gasoline Alley
Concord, CA 94520
Tenant:

Scott Moore
Chief Executive Officer
Kidango, Inc
RE: Kidango – Concord Balwin Park Center
44000 Old Warm Springs Blvd.

Fremont, CA 94538

6.3 Qualifying Insurers
All policies shall be issued by California admitted companies which hold a current policy holders alphabetic and financial size category rating of not less than A-VII according to Best's Insurance Reports.

6.4 Insurance Required of Tenant
A. Commercial General Liability Insurance for bodily injury, personal injury and property damage which provides limits of not less than Two Million Dollars ($2,000,000) per occurrence and Four Million Dollars ($4,000,000) annual aggregate.

1. Coverage shall include:
a) Premises and Operations;
b) Products/Completed Operations;
c) Broad Form Property Damage;
d) Contractual liability;
e) Personal Injury liability; and
f) Cross-Liability and Severability of Interests.

2. Such insurance shall include the following endorsements, copies of which shall be provided:
a) Inclusion of the Landlord, its officials, officers, representatives, agents and employees (individually and collectively, “Landlord Parties”) as additional insured as respects to Tenant's operations in connection with this Lease, with no special limitations on the scope or protection afforded to any Landlord Parties;
b) Primary and non-contributory. Insurance shall be primary with respect to Landlord, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-

12 insurance maintained by Landlord, its officers, officials, agents, employees, or volunteers shall be in excess of Tenant’s insurance and shall not contribute with it.

B. Comprehensive Automobile Liability for bodily injury (including death) and property damage which provides coverage limits of at least One Million Dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non- owned and hired vehicles. The provisions of Section 6.4.A.2, above, shall also apply to such insurance.

C. Workers' Compensation/Employer's Liability Insurance. Tenant covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq. Tenant shall, at all times, upon demand of Landlord, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code.

The insurer shall also agree to waive all rights of subrogation against Landlord, its officers, officials, agents, employees and volunteers for losses arising from work performed under this Agreement.

6.5 Special Provisions
A. The foregoing requirements as to the types and limits of insurance coverage to be maintained by Tenant and any approval of said insurance by Landlord is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Tenant pursuant to this Lease, including but not limited to the provisions concerning indemnification.

B. Landlord acknowledges that some insurance requirements contained in this Article may be fulfilled by a funded self-insurance program of Tenant. However, this shall not in any way limit liabilities assumed by Tenant under this Lease. Any self- insurance program must be approved in writing by Landlord.

C. Should any of the work under this Lease be contracted, Tenant shall require each of its contractor or subcontractor of any tier to provide the aforementioned coverage, or Tenant may insure its contractor(s) under its own policy(s).

D. In the event of material noncompliance with the insurance requirements of this Article that is not cured by Tenant to Landlord’s reasonable satisfaction within fifteen (15) days following Tenant’s receipt of Landlord’s notice of noncompliance, Landlord may obtain such insurance, at Tenant’s expense, plus an administrative fee of ten percent (10%) of the cost of such insurance.

13 ARTICLE 7. DEFAULT

7.1 Material Default
The occurrence of any of the following shall constitute a material default and breach of this Lease by Tenant.

A. Any failure by Tenant to maintain the Premises or to pay rent, or any other monetary sums required to be paid hereunder within five (5) days after Tenant’s receipt of Landlord’s written notice of Tenant’s failure to make such payment.

B. The abandonment or vacation of these Premises by Tenant. Failure to occupy and operate the Premises for thirty (30) consecutive days shall be deemed an abandonment or vacation.

C. A failure by Tenant to observe and perform any other provision of this Lease to be observed or performed by Tenant, where such failure continues for thirty (30) days after written notice thereof by Landlord to Tenant; provided, however, that if the nature of such default is such that it cannot be reasonably cured within such thirty (30) day period, Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute it to completion.

D. The making by Tenant of any general assignment or general arrangement for the benefit of creditors; the filing by or against Tenant of a petition to have Tenant adjudged bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant the same is dismissed within sixty (60) days; the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets, where possession is not restored to Tenant within forty-five (45) days; or the attachment, execution or other judicial seizure of substantially all of Tenant's assets, where such seizure is not discharged within thirty (30) days.

7.2 Immediate Termination
In the event of any material default or breach by Tenant that Tenant has not cured within the applicable cure period, as long as such material default or breach by Tenant remains uncured, Landlord may at any time thereafter, without limiting Landlord in the exercise of any right or remedy at law or in equity which Landlord may have by reason of such default or breach, immediately terminate this Lease.

7.3 Landlord's Remedies
In the event of any material default or breach by Tenant, that Tenant fails to cure within the applicable cure period, Landlord may at any time thereafter, without limiting Landlord

14 in the exercise of any right or remedy at law or in equity which Landlord may have by reason of such default or breach:

A. Maintain this Lease in full force and effect and recover the rent and other monetary charges as they become due, without terminating Tenant's right to possession, irrespective of whether Tenant shall have abandoned the Premises. In the event Landlord elects not to terminate the Lease, Landlord shall have the right to attempt to re-let the Premises at such rent and upon such conditions and for such a term, and to do all acts necessary to maintain or preserve the Premises as Landlord deems reasonable and necessary without being deemed to have elected to terminate this Lease, including removal of all persons and property from the Premises; such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. In the event any such re-letting concurs, this Lease shall terminate automatically upon the new tenant taking possession of the Premises pursuant to a new lease. Notwithstanding that Landlord fails to elect to terminate this Lease initially, Landlord at any time during the term of this Lease, may elect to terminate this Lease by virtue of such previous default of Tenant.

B. Terminate Tenant's right to possession by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including without limitation thereto, the following:
(i) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(ii) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that is proved could have been reasonably avoided; plus
(iii) the worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that is proved could be reasonably avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform Tenant’s obligations under this Lease or which in the ordinary course of events would be likely to result therefrom; plus
(v) at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable State law.

Upon any such re-entry of the Premises, Landlord shall have the right to make any reasonable repairs, alterations or modification to the Premises, which Landlord in

15 its sole discretion deems reasonable and necessary. As used in subparagraphs (i) and (ii) above, the "worth at the time of award" is computed by allowing interest at a rate equal to the Federal Reserve Bank discount rate per annum from the date of default. As used in subparagraph (iii), above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank at the time of award. The term "rent" as used in this Article shall be deemed to be and to mean rent to be paid pursuant to Article 2 and all other monetary sums required to be paid by Tenant pursuant to the terms of this Lease.

7.4 Landlord's Right to Cure Tenant's Default
At any time after Tenant is in default or material breach of this Lease, after the expiration of all applicable cure periods, Landlord may cure such default or breach at Tenant's cost.

Unless shorter notice is expressly provided for herein, Landlord shall give Tenant thirty (30) days written notice prior to curing such default or material breach at Tenant's cost. If Landlord at any time, by reason of such default or breach, pays any sum or performs any act that requires the payment of any sum, the sum paid by Landlord shall be due immediately from Tenant to Landlord at the time the sum is paid.

7.5 Default by Landlord
Landlord shall be deemed to be in default of this Lease if Landlord fails to perform any provision of this Lease to be performed by Landlord, where such failure continues for thirty (30) days after written notice thereof by Tenant to Landlord; provided, however, that if the nature of such default is such that it cannot be reasonably cured within such thirty (30) day period, Landlord shall not be deemed to be in default if Landlord shall within such period commence such cure and thereafter diligently prosecute it to completion. In the event Landlord is in default of this Lease as provided above, Tenant shall be entitled to pursue all remedies available to Tenant at law on in equity as a result of such default.

ARTICLE 8. ASSIGNMENTS, SUBLEASES AND ENCUMBRANCES

8.1 Assignments and Subleases
Tenant shall not assign, transfer or sublease its interest in this Lease or in the Premises without first obtaining Landlord's prior written consent which shall be granted or withheld in Landlord’s sole discretion. Notwithstanding the foregoing, Landlord’s consent shall not be required for Tenant’s assignment of this Lease to an entity that is an affiliate of the entity named as Tenant in this Lease, to an entity as a result of a corporate restructuring of Tenant, or if Tenant is sold and becomes wholly owned by another entity. Tenant will still notify Landlord of any such assignment. Landlord's consent to any assignment, sublease or encumbrance shall not constitute a waiver of any of the terms, covenants or conditions of this Lease, which shall apply to each and every assignment or sublease of this Lease.

Landlord's consent to one assignment or subletting shall not be construed as a consent to any other assignment or subletting. Despite consent of Landlord to assignment or sublease, Tenant shall remain liable for any cause of action arising out of such assignment or lease.

16 Tenant's failure to obtain Landlord's required prior written approval of any assignment or sublease shall render such assignment or sublease void.

8.2 Encumbrances
Tenant shall not encumber the Premises in any manner whatsoever.

Tenant shall keep the Premises and the property in which the Premises are situated free from any liens arising out of any work performed, material furnished, or obligations incurred by or for Tenant. Landlord shall have the right to post on the Premises any notices permitted or required by law or that are needed for the protection of Landlord and, the Premises, from mechanics’ and material suppliers’ liens. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the Premises by Tenant and that Tenant will save and hold Landlord harmless from all loss, cost or expense based on or arising out of such asserted claims or liens against the leasehold estate or against the interest of Landlord in the Premises or under this Lease.

ARTICLE 9. ADDITIONAL PROVISIONS

9.1 Termination for Convenience
Either party to this Lease may at any time during the term hereof terminate the Lease by giving written notice at least ninety (90) days prior to the date when such termination shall become effective. In the event of such termination, any unearned rental paid by Tenant shall be returned to Tenant.

9.2 Quiet Enjoyment
Landlord hereby agrees that Tenant, upon paying rent and other monetary sums due under this Lease and performing all obligations required to be performed herein, shall during the term of the Lease quietly hold and enjoy the Premises without hindrance from Landlord.

9.3 Right of Re-entry
A. General
Landlord shall have the right to enter the Premises at reasonable hours and, except in the event of an emergency, on reasonable prior notice, at least twenty-four (24) business hours in advance to (1) inspect the Premises; (2) exhibit the Premises to prospective tenants during the last ninety (90) days of the term of this Lease; (3) determine whether Tenant is complying with all obligations under this Lease, including but not limited to the right to take samples of substances and materials present for testing should there be a concern that hazardous materials have been placed on the Premises; (4) perform testing or other investigatory work, including, but not limited to, excavating around pier footings,

17 surveying and potholing. Re-entry by Landlord shall be done as promptly as reasonably possible and with as little interference to Tenant as reasonably possible.

B. Waiver of Claims
Tenant waives any damage claims for inconvenience or interference with Tenant’s business or loss of occupancy or quiet enjoyment of the Premises caused by Landlord’s entry pursuant to this Article 9.3. Entry to the Premises by Landlord in an emergency for the purpose of addressing the emergency shall not be construed as forcible or unlawful entry, a detainment, or an actual or constructive eviction of Tenant.

9.4 Holding Over
Should the Tenant hold over in possession of the Premises after the expiration of the Term with Landlord’s consent, such holding over shall not be deemed to extend the Term or renew this Lease, but such tenancy thereafter shall continue as a month-to-month tenancy.

Such tenancy shall be on all the terms and conditions set forth in this Lease and at the monthly Base Rent in effect during the last month of the Term of this Lease or such other rental as Landlord and Tenant may mutually agree in writing as a condition to Landlord’s consent to such holding over, and Tenant shall continue as a month-to-month tenant until the tenancy shall be terminated by Landlord giving Tenant or Tenant giving Landlord at least thirty (30) days’ prior written notice of termination. Should the Tenant hold over without Landlord’s consent, the rent payable by Tenant during the period of such holding over shall be one hundred ten percent (110%) of the monthly Base Rent in effect during the last month of the Term of this Lease, and such tenancy shall otherwise be on the terms and conditions contained herein.

9.5 Non-Discrimination
Tenant for itself, its representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (1) no person on the grounds of race, color, religion or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the Premises and (2) in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, religion or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. In the event of breach of the above non- discrimination covenants and Tenant’s failure to cure within thirty (30) days following receipt of Landlord’s notice of such breach, Landlord shall have the right to terminate the Lease pursuant to Article 7.2.

9.6 Relocation
Tenant understands and agrees that this tenancy is of a temporary nature, and that no relocation payment will be sought or provided in any form as a consequence of this tenancy.

18 9.7 Condemnation; Damage and Destruction
A. Eminent Domain. If any portion of the Premises shall be taken by eminent domain (a “Taking”) and a part thereof remains which is susceptible of occupation for the Specified Use hereunder, this Lease shall, as to the part taken, terminate as of the date title shall vest in the condemnor (the “Condemnor”), and the rent payable hereunder shall be adjusted so that Tenant shall be required to pay for the remainder of the Term only such proportion of such rent as the value of the part remaining after condemnation bears to the value of the entire Premises at the date of condemnation. If any portion of the Premises is taken so that there does not remain a portion of the Premises susceptible of occupation for the Specified Use hereunder, this Lease shall thereupon terminate. If a part of all the Premises be so taken, all compensation awarded upon such taking shall go to Landlord, and Tenant hereby assigns to Landlord any right to compensation or damages to which Tenant may be entitled by reason of any such taking, provided, however, Tenant shall be permitted to pursue from the Condemnor costs incurred by Tenant for relocating, loss of value of fixtures and improvements and loss of leasehold and goodwill, to the extent such recovery does not reduce the Landlord’s recovery for such Taking.

B. Damage and Destruction. If damages occur that causes a partial destruction of the Premises during the Term from any cause and repairs can be made within ninety (90) days from the date of the damage under the applicable laws and regulations of governmental authorities, Landlord shall repair the damage promptly, at Landlord’s expense. Such partial destruction will not void this Lease, except that Tenant will be entitled to a proportional reduction in Rent while such repairs are being made, unless the condition requiring such repairs was caused by Tenant, or its employees, agents or contractors. The proportional reduction in Rent will be calculated by multiplying Rent by a fraction, the numerator of which is the number of square feet in portion of the Premises located in the Building that are unusable by Tenant and the denominator of which is the total number of square feet of the portion of the Premises located in the Building.

Notwithstanding the foregoing, if as the result of any damage to the Premises, Tenant determines that the continuing use of the Premises as a childcare center is no longer practical, Tenant may terminate this Lease and all of Tenant’s obligations hereunder by so notifying Landlord within thirty (30) days following the occurrence of such damage.

9.8 Notices
All notices and payments of rent shall be given to Landlord in writing, personally or by USPS mail, addressed as follows:

Landlord:

City of Concord
Finance Department – Accounting A/R
1950 Parkside Drive MS/06,
Concord, CA 94519

19 And a copy to (notices only):

City of Concord
Public Works Department – Contract Administration
1455 Gasoline Alley
Concord, CA 94520
All notices given by Landlord to Tenant shall be addressed as follows:

Tenant:

Scott Moore
Chief Executive Officer
Kidango, Inc
RE: Kidango – Concord Balwin Park Center
44000 Old Warm Springs Blvd.

Fremont, CA 94538
Notices sent by USPS must be sent by registered or certified mail, postage prepaid and return receipt requested, and shall be deemed delivered three (3) business days after deposit by the sending party in the USPS.

9.9 Subordination of Prior Lease
This Lease terminates any prior or existing Lease, tenancy or permit between Landlord and Tenant with respect to the Premises leased hereby.

9.10 Tax
Tenant recognizes and understands in accepting this Lease that Tenant’s interest therein may be subject to a possessory interest tax that the City or County may impose on such interest, and that such tax payment shall not reduce any rent due the Landlord hereunder, and any such tax shall be the liability of and be paid by the Tenant.

9.11 Entire Agreement; Construction; Modification; Time This Lease constitutes the entire agreement between the parties, and it may be amended only in writing signed by both parties. No obligations other than those set forth herein will be recognized. Neither party has relied on any promise or representation not contained in this lease. All previous conversations, negotiations, and understandings are of no further force or effect. This lease is not to be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. This lease may be modified only by a writing signed by both parties. In fulfilling all terms and conditions of this lease, time is of the essence.

20 9.12 Severability
If any term or provision of this Lease shall be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.

9.13 Cost of Suit
In the event that either Landlord or Tenant fails to perform any of its obligations under this Lease or in the event a dispute arises concerning the meaning or interpretation of any provision of this Lease, the defaulting party or the non-prevailing party in such dispute, as the case may be, shall pay the prevailing party reasonable attorneys' and experts' fees and costs, and all court costs and other costs of action incurred by the prevailing party in connection with the prosecution or defense of such action and enforcing or establishing its rights hereunder (whether or not such action is prosecuted to a judgment). The term "attorneys' fees" shall also include, without limitation, all such fees incurred with respect to appeals, mediations, arbitrations, and bankruptcy proceedings, and whether or not any action is brought with respect to the matter for which such fees were incurred. The term "costs" shall mean the costs and expenses of counsel to the parties, which may include printing, duplicating and other expenses, air freight charges, hiring of experts, and fees billed for law clerks, paralegals, and others not admitted to the bar but performing services under the supervision of an attorney. If Landlord or Tenant shall bring an action for any relief against the other, declaratory or otherwise, arising out of this Lease, the losing party shall pay the successful party's reasonable attorneys' fees as determined by the court.

9.14 Governing Law
This Lease shall be governed by the laws of the State of California.

9.15 Waiver
No covenant, term or condition, or the breach thereof, shall be deemed waived, except by written consent of the party against whom the waiver is claimed. Any waiver shall not be deemed to be a waiver of any preceding or succeeding breach. Acceptance by Landlord of any performance by Tenant after the time the same shall have become due shall not constitute a waiver by Landlord of the breach or default of any covenant, term or condition unless otherwise expressly agreed to by Landlord in writing.

9.16 Binding Effect
Subject to any provisions herein as to assignment and subletting, the terms of this Lease shall bind and inure to the benefit of the parties hereto and their respective heirs, representatives, successors and assigns.

21 9.17 Warranty of Authority
The persons who have signed this Lease warrant that they are legally authorized to do so on behalf of the respective parties, and by their signatures shall bind the respective parties to this Lease.

9.18 Counterparts
This Lease may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Lease may be delivered by email or other means of electronic transmission and shall be deemed to have the same legal effect as delivery of an original signed copy of this Lease.

9.19 Brokers
Tenant and Landlord each represents and warrants that it has had no dealings with any real estate broker or agent in connection with this Lease. Each party shall indemnify and hold harmless the other from and against all claims, demands, costs or liabilities (including, without limitation, attorneys’ fees) asserted by any party based upon dealings of said party with any real estate broker or agent in connection with this Lease. [Signature page follows.]

22 IN WITNESS WHEREOF, the parties have executed this Lease the day and year first above written.

TENANT: LANDLORD:

By:_________________________________ By:___________________________ Scott Moore, Chief Executive Officer Valerie J. Barone, City Manager KIDANGO, INC., CITY OF CONCORD,
a California Non-Profit Corporation a municipal agency
DATE:______________________________ DATE:________________________ APPROVED AS TO FORM: ATTEST:

By:_________________________________ By:___________________________ Susanne Brown Joelle Fockler MMC
City Attorney City Clerk
DATE:______________________________ DATE:________________________

23 EXHIBIT A
Figure 1 within City Parcels: 111-170-002-5
2750 Parkside Circle, Concord, CA 94519

24 EXHIBIT B
Rent Payment Schedule
Y ear P eriod
Base
R ent
Monthly
R ent
Annual
Adjustment
1 01/01/2026 - 12/31/2026 1.50$ 575.00$ -$ 2 01/01/2027 - 12/31/2027 1.60$ 613.33$ 0.10$ 3 01/01/2028 - 12/31/2028 1.70$ 651.67$ 0.10$ 4 01/01/2029 - 12/31/2029 1.80$ 690.00$ 0.10$ 5 01/01/2030 - 12/31/2030 1.90$ 728.33$ 0.10$ 6 01/01/2031 - 12/31/2031 2.00$ 766.67$ 0.10$ 7 01/01/2032 - 12/31/2032 2.10$ 805.00$ 0.10$ 8 01/01/2033 - 12/31/2033 2.20$ 843.33$ 0.10$ 9 01/01/2034 - 12/31/2034 2.30$ 881.67$ 0.10$ 10 01/01/2035 - 12/31/2035 2.40$ 920.00$ 0.10$ Kidango 2750 Parkside Circle Building Lease R ent Schedule

Staff Report
Date: April 28, 2026
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mark Bustillos, Chief of Police
Prepared by: Nick Davison, Police Sergeant
[email protected]
(925) 671-3336
Subject: Considering adoption of a Resolution to accept the Concord Police Department AB 481 2025 Military Equipment Report, 2026 Military Equipment Inventory, and approving the existing department policy and continued use of military equipment.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, Guidelines Sections 15060(c)(2),
15061(b)(3), and/or 15378.

Report in Brief
The Concord Police Department is required under California Government Code § 7072 and by City of Concord Ordinance No. 22-6 to submit an annual report to the City Council on its use, inventory, and acquisition of military equipment defined under AB 481.

Recommended Action
Review and accept the annual report and, by Resolution, approve the existing policy and the continued use of military equipment, as defined by AB 481 and the Concord Police Department based on the findings as required by law, and make the CEQA determinations as provided in this staff report.

4.c4.c4.c4.c

City Council Agenda Report
Agenda Item No. 4.c
April 28, 2026
Background
On September 30, 2021, the Governor of the State of California approved Assembly Bill 481 (codified as Chapter 12.8 of the California Government Code) requiring law enforcement agencies such as the Concord Police Department to have a military equipment use policy approved by the City Council prior to requesting, seeking funding, acquiring or using items that it defined as military equipment. Assembly Bill 481 allows the governing body to approve the policy within its jurisdiction only if it determines that the military equipment meets specified standards.

On April 12, 2022, the Concord City Council approved Ordinance No. 22-6 approving Concord Police Department Policy #706: Military Equipment Use Policy, as well as its attached inaugural Military Equipment Report and Inventory. On April 22, 2025, the Concord City Council adopted a resolution to accept the CPD Military Equipment Report for 2024 and Inventory for 2025 and approved the continued use of that equipment.

Analysis
As required by Assembly Bill 481 and the Ordinance, annually the Concord Police Department must prepare a report on the use of each type of military equipment approved in the policy over the last year. Subsequently, the City Council must then review the Ordinance, Policy and Annual Report, and determine whether the Department’s use of the defined military equipment in the past year complied with the Policy, and whether to continue the Ordinance and Policy, take action (by ordinance) to modify the Policy or repeal the Ordinance.

As set forth in the Policy, the Concord Police Department retains and employs limited equipment that falls under this legislation and subsequent law to safeguard its community. Concord Police Department officers, certified instructional staff, and specialized units receive training throughout the year on the use of this equipment approved under the Policy.

The annual approval of the policy, report, and inventory continues the use of the equipment currently in the Police Department’s inventory by authorized and trained personnel when the use is necessary to maintain public safety. Additionally, approval of these documents will enable the Police Department to proceed with planned equipment purchases in the coming year and incorporate them into the adopted inventory. These purchases include two additional interior flight drones and the replacement of rifles that have reached the end of their service life.

Financial Impact
Approval of this resolution includes the purchase of two (2) Skydio R10 Team Kits, each containing two (2) interior flight drones, with a one (1) time cost of $19,990 before any applicable taxes with an annual operating cost of $7,200, and ten (10) M4-Style AR-15 shoulder-fired rifles, chambered in .223Rem (5.56 NATO) at a cost of $20,000. All necessary funds are available in the existing Police Department budget.

City Council Agenda Report
Agenda Item No. 4.c
April 28, 2026
Environmental Determination
This item is exempt from California Environmental Quality Act (CEQA) as it does not constitute a "project" within the meaning of Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), and/or 15378 including subsections (b)(2) and (4). If this were determined to be a “project” for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). This determination reflects the City’s independent judgment and analysis.

Public Contact
The Concord Police Department - 2025 AB 481 Report and - 2026 Equipment List was published on the City website on March 15, 2026. A community meeting hosted by officers fluent in English and Spanish, was held in-person in the Concord Police Department Community Room on April 1, 2026. The meetings were advertised on the City website and through City and Concord Police Department social media. One community member attended the April 1, 2026, meeting. No attendees expressed concerns or complaints about this report.

Attachments

1. Concord Police Department Policy 706

2. Concord Police Department 2025 AB481 Report and 2026 Equipment List

3. Resolution to Accept the Concord Police Department AB 481 2025 Military Equipment Report, 2026 Military Equipment Inventory, and Approve the Continued Use of Existing Military Equipment Policy

Policy
706
Concord Police Department
Policy Manual
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

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Published with permission by Concord Police Department
Military Equipment - 504
Attachment 1

Concord Police Department
Policy Manual
Policy Manual
Military Equipment
706.2 POLICY
It is the policy of the Concord Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Concord Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See attachment: 706_Military Equipment_Attachment.pdf
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a.

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Published with permission by Concord Police Department
Military Equipment - 505Page 5 of 51
Concord Police Department
Policy Manual
Policy Manual
Military Equipment
(b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use in accordance with this policy. Military Equipment used by other jurisdictions that are providing mutual aid to this Department, or are operating in conjunction in a law enforcement capacity with this Department, should comply with their respective Military Equipment use policies. 706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
706.9 COMMUNITY CONCERN AND COMPLAINT PROCEDURE
The Chief of Police, or his/her designee, will ensure that all Concord Police Department members comply with this policy. Any person may register complaints or concerns regarding this Policy or submit a question regarding this Policy using the Citizen Report Procedure and Form available on the Concord Police Department website (www.cityofconcord.org/police).

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Published with permission by Concord Police Department
Military Equipment - 506Page 6 of 51

Concord Police Department

Military Equipment Report for 2025
and Inventory for 2026

Attachment 2

Concord Police Department Military Equipment Report for 2026 1 Table of Contents

Introduction……………………………………………………………………………….. 2
Definitions…………………………………………………………………………………. 3
Inventory: Robots………………………………………………………………………… 4
Inventory: UAV………………………………………………………………………….... 5
Inventory: Armored Rescue Vehicle…………………………………………………….7 Inventory: Crisis Negotiations Team Van……………………………………………… 8 Inventory: Tactical Dispatch Van……………………………………………………….. 9 Inventory: Kinetic Breach Tool………………………………………………………….. 10 Inventory: Breaching Shotgun………………………………………………………….. 11 Inventory: Carbines………………………………………………………………………. 12
Inventory: Long Rifles……………………………………………………………............13 Inventory: Pistol Caliber Carbine……………………………………………………..…14 Inventory: Noise Flash Diversionary Device………………………………………...…15 Inventory: Chemical Agents…………………………………………………...…..…….16 Inventory: PepperBall Launchers and Projectiles…………………………….……….18 Inventory: Kinetic Impact Launchers……………………………………………………20 Inventory: Kinetic Impact Munitions…………………………………….……………….22 Inventory: Long Range Acoustic Device…………………………….………………….23 Community Concerns and Complaints………………………………………………….24 Crisis Response Unit Usage……………………………………………………………...25
UAV Usage and Flights………………………………………………………………...…27
Projected Equipment Acquisition and Replacement in 2026……….………………...41 Conclusion…………………………………….……………………………………………41

Concord Police Department Military Equipment Report for 2026 2 Introduction

On September 30, 2021, the Governor of the State of California approved Assembly Bill 481 (codified as Chapter 12.8 of the California Government Code) requiring law enforcement agencies such as the Concord Police Department to have a military equipment use policy approved by the City Council prior to requesting, seeking funding, acquiring or using items that it defined as military equipment. Assembly Bill 481 allows the governing body to approve the policy within its jurisdiction only if it determines that the military equipment meets specified standards.

On April 12, 2022, the Concord City Council approved Ordinance 22-6 approving Concord Police Department Policy #706: Military Equipment Use Policy. On April 9, 2024, the Concord City Council passed a resolution to accept the CPD Military Equipment Report for 2024 and Inventory for 2025 and approved the continued use of that equipment.

As required by Assembly Bill 481 and the Ordinance, the Concord Police Department must prepare a report annually on the use of each type of military equipment approved in the Policy over the last year. Subsequently, the City Council must then review the Ordinance, Policy and Annual Report, and determine whether the Department’s use of the defined military equipment in the past year complied with the Policy, and whether to continue the Ordinance and Policy, take action (by ordinance) to modify the Policy or repeal the Ordinance.

As set forth in the policy, the Concord Police Department retains and employs limited equipment that falls under this legislation and subsequent law to safeguard its community. Concord Police Department officers, certified instructional staff, and specialized units receive training throughout the year on the use of this equipment approved under the Policy.

This annual report outlines the Concord Police Department’s military equipment inventory and usage and community complaints over use of military equipment from January 1, 2025, through December 31, 2025. It also outlines the proposed purchase of new and/or replacement equipment during 2026. The Department will submit its Military Equipment Annual Report to City Council after December 31st of every year in compliance with AB 481.

Concord Police Department Military Equipment Report for 2026 3 Definitions

The Concord Police Department only utilizes a limited number of the resources listed below.

Definitions of Military Equipment established by California Government Code §7070:

Military equipment includes but is not limited to the following types of equipment:
 Unmanned, remotely piloted, powered aerial or ground vehicles  Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers  High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five- ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached  Tracked armored vehicles that provide ballistic protection to their occupants  Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units
 Weaponized aircraft, vessels, or vehicles or any kind  Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram
 Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition
 Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code §30510 and Penal Code §30515, with the exception of standard-issue firearms
 Any firearm or firearm accessory that is designed to launch explosive projectiles  Noise-flash diversionary devices and explosive breaching tools  Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray
 Taser Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs)
 Kinetic energy weapons and munitions (e.g. 40MM launcher, bean bag shotgun, foam tipped projectiles)
 Any other equipment as determined by a governing body or a state agency to require additional oversight

Concord Police Department Military Equipment Report for 2026 4 Inventory

1. Robot

a. Description, Quantity, Capabilities, and Purchase Cost:

Transcend Vantage Patrol Robot. Qty: 1 Total Cost: $26,000. Battery powered, remote operated device that is equipped with non-recording cameras and two-way radio capabilities. This robot can climb stairs, open doors and be the delivery mechanism for chemical agents. The robot is used during high-risk incidents to aid officers in the de-escalation of a situation through intelligence gathering and negotiations. The use of this equipment is limited to trained members of the CPD SWAT team. Situations that qualify for its use are high-risk operations including but not limited to hostage situations, active-shooters, barricaded person incidents and/or high-risk warrant services and per CPD policy.

b. Purpose:

To be used remotely to gain visual and audio information to aid in the de-escalation and resolution of high-risk situations, to deliver negotiations phone, open doors, and clear buildings in search for victims, suspects and/or explosives. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject’s location is critical, and the robot can provide this situational awareness without placing undue risk to human life. Cameras can also help determine if a subject is armed and if there are other subjects inside that need assistance. The two-way speakers can be used to facilitate communication and determine resistance level which aid in the planning and decision making by officers.

c. Authorized Use:

CPD SWAT officers under the supervision of the Tactical/Incident Commander, who have completed the required training are permitted to operate the robot. Deployment missions related to SWAT are outlined within CPD policy. The SWAT team undergoes an estimated 120 hours of training per year and the use of the robot during training is included within these hours. Such use includes the clearing of a home after a barricaded person has been taken into custody to search for explosive hazards, hidden victims, or suspects prior to officers entering the home to search and deem the residence safe to occupy. SWAT officers receive specific training from the manufacturer on the use and operation of the robot and receive annual familiarization training with the robot.

d. Expected Lifespan:

Estimated to be 10 years, however dependent upon operational usage and wear.

e. Fiscal Impact:

No anticipated annual maintenance costs for the robot. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of new robot(s) or replacement robot(s) may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

Concord Police Department Military Equipment Report for 2026 5 2. Unmanned Aerial Vehicles

a. Description, Quantity, Capabilities, and Purchase Cost:

Autel Evo II FLIR Radiometric UAS and Go-Command Kit. Qty: 6. Total Cost:
$39.999.00. The Evo II is a commercial-grade UAS primarily used for outdoor environments to support first responders during high-risk situations, evidence processing, search and rescue missions and other situations as outlined in CPD Policy 606- Unmanned Aerial System (UAS) Operations. The UAS is a battery powered, remote operated device with a standard and SMART controller system authorized for night operations and in compliance with FAA regulations part 107.

The UAS has a FLIR (thermal) camera to assist for night operations and has the ability to record data. There is a flight time of approximately 25 minutes per battery, depending on weather and flight conditions. The Go-Command kit consists of a protective storage/deployment case containing power source, accessories for flight operations and a 24” LED viewing monitor.

Brinc Lemur UAS kit. Qty: 2. Total Cost: $16,498.00. The Brinc Lemur UAS is a commercial-grade UAS primarily used for indoor environments to support first responders in high
-risk situations and other situations as outlined in CPD Policy 606- Unmanned Aerial System (UAS) Operations. The UAS provides remote viewing and audio data to aid in the de-escalation of high-risk incidents. The UAS is a battery powered, remote operated device with a standard controller system. The UAS is equipped with an Infrared (IR) camera system for low light conditions, cellular based two-way communications and turtle-mode for self-righting capabilities. The UAS is capable of opening doors that are ajar. There is a flight time of approximately 30 minutes per battery, and/or 10-hour perch time for communications and/or monitoring purposes without flight.

Brinc Lemur2 UAS Kit. Qty 2. Total cost $32,498. The Brinc Lemur 2 UAS is an upgrade/replacement for the original Lemurs that we have in our inventory. It has all of the same accessories described above but with an easier to fly software platform that uses more sensors. The Brinc Lemur 2 has a glass breaker attachment which gives it the capability to break out a window and fly into structure. The Brinc Lemur 2 will also live stream the feedback to any user that needs access and will provide our command post with a 3D diagram of what the interior looks like.

Loki MK2 UAS. Qty: 2. Total Cost: $13,771.80. The Loki is a commercial grade UAS primarily used for indoor environments to support first responders in high-risk situations by providing remote viewing and audio data to aid in the de-escalation of incidents. The UAS may assist in other first-responder operations as outlined in CPD Policy 606-Unmanned Aerial System (UAS) Operations. The UAS is a battery powered, remote operated device with a standard controller system. The UAS is operated independently via a single controller system. There is a flight time of approximately 16 minutes, and/or 6 hours of perched battery life for monitoring purposes without flight.

EMax TinyHawk III Trainers. Qty: 2. Total Cost: $200.00. The EMAX TinyHawk III is an indo
or training UAS that would be used only for the purpose of teaching new UAS operators how to operate a UAS indoors. Using the inexpensive TinyHawk as a training tool while officers learn how to operate a UAS indoors will save significant wear and tear on the much more expensive Brinc and Loki UAS and ensures they

Concord Police Department Military Equipment Report for 2026 6 remain ready for operational purposes. The TinyHawk UAS is a battery powered, remote operated device with a standard controller system. There is a flight time of approximately 15 minutes per battery.

Skydio X10 UAS/ DFR: Qty: 4. Total Cost $80,924. The Skydio X10 is a compact, AI- powered drone designed for law enforcement, offering rapid deployment, autonomous flight, and advanced sensors including thermal imaging. It provides real- time situational awareness, remote 5G operation, and obstacle avoidance, enhancing officer safety, search operations, and Drone-as-First-Responder (DFR) capabilities.

b. Purpose:

UAS may be utilized to enhance the Department’s mission of protecting lives and property and for the collection of data to aid in first responder services in accordance with CPD Policy 606- Unmanned Aerial System (UAS) Operations.

c. Authorized Use:

To be deployed by CPD UAS team members in accordance with CPD Policy 606- Unmanned Aerial System (UAS) Operations. All UAS team members are required to hold a Part 107 UAS remote pilot certification and team members undergo Department led training and outside UAS training that address basic operations, indoor operations and nighttime operations. The following authorized uses of a UAS include:

• Post-incident crime scene p
reservation and documentation
• HAZMAT response
• Locating individuals actively fleeing or hiding in an attempt to avoid apprehension
• Search and rescue
• Barricaded persons and other high-risk tactical operations • Locating individuals who are missing or are a danger to themselves or others • Disaster response (Flood, earthquakes, etc.)
• Training missions
• Fire response
• Pursuant to a search warrant
• Any situation where the use of a UAS would enhance public safety and/or officer safety and would be deemed lawful and reasonable.

d. Expected Lifespan:

Estimated at 3-5 years, however dependent upon operational usage, wear and software updates.

e. Fiscal Impact:

Estimated annual maintenance costs are $2000.00. sUAS were paid for with CPD existing budget and $30,000 grant funding support. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of new UAS(s) or replacement UAS(s) may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

Concord Police Department Military Equipment Report for 2026 7 3. Armored Rescue Vehicle

a. Description, Quantity, Capabilities, and Purchase Cost:

1. Mamba Mk1 Armored Personnel Carrier. Qty: 1. Donation. Acquired through the California Office of Emergency Services (CalOES) Public Safety Procurement Program in 2011 for no cost. This equipment was painted, marked with police insignia, and equipped with police emergency lighting that was funded by community donations. The Armored Personnel Carrier is a four-wheeled, right- side driven vehicle designed to provide a high degree of ballistic protection to officers and community members during high-risk incidents and has the capability to withstand multiple bullet strikes from small arms fire.

2. Ford T-350 Ballistic Van. Qty: 1. $180,535. This van replaced our older 1993 F350 van that was beyond its service life. This vehicle is a NIJ III/B6 Armored Ford T350 AWD protector van.

b. Purpose:

To be used during high-risk incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical and high- risk incidents where such ballistic protection is required to safeguard human life.

c. Authorized Use:

The use of the Mamba MK1 is strictly reserved for CPD SWAT officers who have undergone advanced armored vehicle operations driver training and assessment both held by outside law enforcement training sessions as well as internal driver training during the estimated 120 hours of yearly training CPD SWAT undergoes.

Concord Police Department Military Equipment Report for 2026 8 The use of the Ford T-350 ballistic van does not require any special license or training and may be used by any CPD officer with the approval of a Supervisor during high-risk incidents. The use of the ballistic vehicles would include performing a life-saving rescue and evacuation of an officer or community member from a place of extreme danger where ballistic protection is required to safely complete the mission and not expose officers or community members to greater risk of injury or death, as well as other situations as outlined in CPD policy.

d. Expected Lifespan:

Estimated to be 20 years, however dependent upon operational usage and wear.

e. Fiscal Impact:

Estimated annual maintenance cost of $2000.00.

Concord Police Department Military Equipment Report for 2026 9 4. Crisis Negotiations Team Van

a. Description, Quantity, Capabilities, and Purchase Cost:

Ford E-450 Decommissioned Public Transportation Bus. Qty: 1. Donated to CPD by County Connection Bus Services. The bus is equipped with workstations, cabinets and white boards instead of passenger seating.

b. Purpose:

This converted bus serves as a self-contained mobile base of operations and transportation for Crisis Negotiations team members in the response to high-risk incidents in which CPD Negotiators have been requested and approved to assist by the SWAT Team Commander.

c. Authorized Use:

No specialty driver license or training is required to drive the bus. The bus is driven by members of the Crisis Negotiations Team and/or SWAT Team in response to high-risk incidents and SWAT training.

d. Expected Lifespan:

Estimated to be 15 years, however dependent upon operational usage and wear.

e. Fiscal Impact:

Estimated annual maintenance cost of $500.00.

Concord Police Department Military Equipment Report for 2026 10 5. Tactical Dispatch Van

a. Description, Quantity, Capabilities, and Purchase Cost:

Ford E-450 Decommissioned Public Transportation Bus. Qty: 1. Donated to CPD by County Connection Bus Services. The bus is equipped with workstations, cabinets and white boards instead of passenger seating.

b. Purpose:

This converted bus serves as a self-contained mobile base of operations and transportation for the Tactical Dispatch team in the response to high-risk incidents in which CPD Tactical Dispatchers have been requested and approved to assist by the SWAT Team Commander. The van also serves as a back-up mobile Dispatch Center in the event the Dispatch Center at CPD Headquarters is evacuated and dispatch services to the community cannot be delivered from CPD headquarters.

c. Authorized Use:

No advanced driver license or training is required to drive the bus. The bus is driven by members of the Tactical Dispatch team and/or SWAT Team in response to high- risk incidents and SWAT training.

d. Expected Lifespan:

Estimated to be 15 years, however dependent upon operational usage and wear.

e. Fiscal Impact:

Estimated annual maintenance cost of $500.00.

Concord Police Department Military Equipment Report for 2026 11 6. Kinetic Breaching Tool

a. Description, Quantity, Capabilities, and Purchase Cost:

Aardvark Kinetic Breaching Tool (KBT). Qty: 2. Total Cost: $9,650. The KBT utilizes a proprietary .45 caliber handgun blank to deliver up to 850 ft/lbs of force through a narrowed and hardened steel ram to force open door hinges and to aid in the breaching of fortified doors. All of the force is mechanically driven through the ram and no projectile or explosive energy leaves the device. The tool weighs 28 lbs., features an 8-round cylinder for the KBT .45 caliber blanks, and a shock reduction handle system that reduces recoil force for single person operation.

b. Purpose:

To rapidly open secured or barricaded doors in the most efficient and safest way during high-risk incidents, when manual tools such as a pry-bar or handheld ram would be less effective or non-effective.

c. Authorized Use:

CPD SWAT officers who have been trained in its use. CPD SWAT officers that are POST-Certified Breaching Instructors provide a minimum of 10 hours of breaching training to the team each year. CPD SWAT officers undergo an estimated 120 hours of training per year where such breaching capabilities are also incorporated. The situations where such use may be authorized are outlined within CPD policy and would include an armed and dangerous barricaded person where the speed of entry into a fortified structure is paramount to aid in the safe apprehension of the suspect.

d. Expected Lifespan:

Estimated to be 10 years, however dependent upon operational usage and wear.

e. Fiscal Impact:

CPD has an inventory of 50 blanks for this KBT at a cost of $40 per blank. There is no known annual maintenance cost for the KBT unit. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of the KPT .45 caliber blanks and/or KBT may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

Concord Police Department Military Equipment Report for 2026 12 7. Breaching Shotgun

a. Description, Quantity, Capabilities, and Purchase Cost:

Remington 870 12 Gauge Pump Shotgun. Qty: 4. Total Cost: $1600.00. The shotgun has a tactical shortened barrel with a stand-off port to vent gasses and debris away from the operator of the firearm during firing. The breaching shotgun and frangible rounds are used to expeditiously defeat deadbolts, locks, and hinges of doors. The frangible round is designed to transfer its energy into the lock and/or door frame and disintegrate upon impact rather than penetrate further.

Current Breaching Round Inventory
• Royal Arms TESAR-2 425 Grain Copper Frangible Breaching Round. Qty:
500 . Estimated cost of $1500.00 - $2000.00.

b. Purpose:

To rapidly open secured or barricaded doors in the most efficient and safest way during high-risk incidents, when manual tools such as a pry-bar or handheld ram would be less effective or non-effective.

c. Authorized Use:

CPD SWAT officers who have been trained in their use. CPD SWAT officers undergo an estimated 120 hours of training per year where such breaching capabilities are incorporated and SWAT officers that are POST-Certified Breaching Instructors provide a minimum of 10 hours of breaching training to the team. Situations in which deployments would be authorized are outlined in CPD policy and would include high- risk incidents where the use of the device is required in order to expeditiously gain access to a fortified location.

d. Expected Lifespan:

Estimated to be 20 years, however dependent upon operational usage and wear.

e. Fiscal Impact:

Estimated to be $0.00 - $2000.00 per year for breaching round inventory and $500.00 annually for the shotguns. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of breaching rounds and/or breaching shotguns may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

Concord Police Department Military Equipment Report for 2026 13 8. Carbines

a. Description, Quantity, Capabilities, and Purchase Cost:

M4-style AR-15 shoulder-fire rifle chambered in .223 Remington (5.56 NATO) equipped with a non-magnified optic, sound suppressor, flashlight, modular handguard and adjustable sling. Qty: 135. Total Cost per unit is $2000.00.

Manufactures include Colt, Bushmaster, BCM, LWRC International, and Noveske.

Ammunition:
• Training: Winchester 55gr (80,000 rounds)
• Duty: Hornady TAP 75gr BTHP (30,000 rounds)

b. Purpose:

The carbine rifle is used by trained/certified officers during situations where more precision is needed, especially at a distance and beyond the capabilities of a handgun, and/or when the need to defeat soft body armor is required.

c. Authorized Use:

Officers deploying a carbine rifle must have received California POST-certified training as set forth in the California Penal Code and must meet CPD qualification requirements which includes a yearly 4-hour recertification course and at minimum yearly qualification with the rifle. The use of this equipment is also determined by CPD Policy-Use of Force. Situations that may warrant the deployment of a shoulder- fire rifle include but are not limited to situations where an officer reasonably anticipates an armed encounter, when an officer reasonably believes that a suspect may be wearing body armor and/or a situation that requires more accurate and effective long-range fire.

d. Expected Lifespan:

Estimated to be 20 years, however dependent upon operational usage and wear.

e. Fiscal Impact:

Estimated annual maintenance cost of $0.00 - $2500.00 for the rifles. The estimated cost of ammunition is $0.36 per training round and $0.67 for duty round. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of ammunition and/or carbine rifles may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

Concord Police Department Military Equipment Report for 2026 14 9. Long Rifles

a. Description, Quantity, Capabilities, and Purchase Cost:

Accuracy International, model AXLE, chambered in .308 (7.62x51mm NATO) equipped with a precision magnified optic, sound suppressor, and bipod. Qty: 5.

Estimated cost per unit is $7500.00.

Accuracy International, model AXMC, chambered in .338 Lapua equipped with sound suppressor, precision optics, and bipod. Qty: 1. Estimated total cost is $9000.00.

Ammunition:
• .308 Duty and Training: Hornady TAP 175gr BTHP (8,000 rounds) • .338
Lapua – Ruag brand 250 gr HPBT( 2000 rounds)

b. Purpose:

The long rifle is used by CPD SWAT snipers who have received extensive marksmanship training to resolve high-risk situations where more precision is needed, especially at great distance, than a carbine rifle or handgun may provide, and/or when the suspect is likely to be wearing body armor. CPD SWAT sniper training includes a 40-hour basic long rifle/observer course as well as other advanced courses in addition to the estimated 120 hours of yearly training CPD SWAT officers undergo.

c. Authorized Use:

Used exclusively by CPD SWAT snipers. CPD SWAT officers deploying a long rifle must have received California POST-certified sniper/observer training and must meet CPD SWAT qualification requirements which includes at minimum qualification 3 times per year. CPD SWAT snipers use the standardized American Sniper Association qualification standards. An example of where a long rifle would be used would be in a hostage rescue situation to provide the ability to incapacitate the suspect from a safe distance with precision without harming the hostage. CPD SWAT snipers also operate as long-range observers in tactical situations. The use of this rifle equipment is also determined by CPD Policy - Use of Force.

d. Expected Lifespan:

Estimated to be 20 years by the LMT and Accuracy International, however dependent upon operational usage and wear.

e. Fiscal Impact:

Estimated annual maintenance costs for the long rifles is $0.00 - $1000.00. The cost of ammunition is estimated to be $1.05 - $1.50 per round. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of ammunition and/or long rifles may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

Concord Police Department Military Equipment Report for 2026 15 10. Pistol Caliber Carbine

a. Description, Quantity, Capabilities, and Purchase Cost:

Heckler and Koch MP5 SMG chambered in 9mm equipped with a non-magnified optic, sling, and flashlight. Qty: 16. Cost per unit $2000.00.

Ammunition:
• Training: 9mm 124gr FMJ (Winchester, Federal, Hornady). 8,000 rounds designated for the MP5.
• Duty: 9mm Federal 124gr +P HST. 8,000 rounds designated for the MP5.

b. Purpose:

The pistol caliber carbine is used by trained/certified officers in instances where more precision is needed, especially at distance, than a handgun may provide, but where a carbine rifle would be too large and unwieldy, such as inside a confined space (vehicle or small room).

c. Authorized Use:

Officers deploying a pistol caliber carbine must have received California POST- certified training as set forth in the California Penal Code and must meet CPD qualification requirements which includes a yearly 4-hour recertification course and at minimum yearly qualification with the firearm. The use of this equipment is also determined by CPD Policy- Use of Force. Situations that may warrant the deployment of an MP5 SMG include but are not limited to situations where an officer reasonably anticipates an armed encounter, when an officer is faced with a situation that requires more accurate and effective long-range fire and/or where an officer reasonably expects the need to meet or exceed a suspect’s firepower.

d. Expected Lifespan:

Estimated to be 20 years, however dependent upon operational usage and wear.

e. Fiscal Impact:

Estimated annual maintenance cost for the MP5 SMG is $0.00 - $1000.00. The estimated cost of ammunition is $0.23 per training round and $0.31 per duty round.

Due to operational readiness and capabilities in support of first responder missions the periodic purchase of ammunition may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

Concord Police Department Military Equipment Report for 2026 16 11. Noise Flash Diversionary Devices

a. Description, Quantity, Capabilities, and Purchase Cost:

Noise Flash Diversionary Devices (NFDD). Qty: 100. Total Cost. $4500.00. A device that creates a bright flash and loud sound to temporarily divert the attention of a subject. NFDD are used to distract and temporarily disorient suspects during high- risk incidents by overwhelming their senses of vision and hearing. The distraction allows officers to seize the moment in an effort to take control of a situation without further exposing officers and/or community members to injury or death. CPD uses the CTS 7290M and CTS 7290 NFDD.

b. Purpose:

To produce atmospheric over-pressure and brilliant white light and, as a result, cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage during the resolution of a high-risk incident.

c. Authorized Use:

Used exclusively by CPD SWAT officers in accordance with the SWAT procedural manual. Situations include but are not limited to hostage and barricaded person situations and high-risk incidents where the use of an NFDD would enhance officer and community safety in order to distract a violent or otherwise dangerous person to aid in the apprehension of the suspect.

d. Expected Lifespan:

Estimated to be 5 years.

e. Fiscal Impact:

No annual maintenance cost for NFDD. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of NFDD may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

Concord Police Department Military Equipment Report for 2026 17 12. Chemical Agents

a. Description, Quantity, Capabilities, and Purchase Cost:
• DefTech 1016- Pocket Tactical CS – Qty: 42. $19.40 per unit. The Pocket Tactical CS is small and lightweight. Emits CS for approximately 20-40 seconds. Used to provide a quick CS smoke screen as cover.

• DefTech 1017- Pocket Tactical Saf-Smoke – Qty: 39. $17.95 per unit. The Pocket Tactical Saf-Smoke is small and lightweight. Emits smoke for approximately 20
-40 seconds. Used to provide a quick smoke screen as
cover.

• DefTech 1026- Pocket Chaser CS – Qty: 30. $37.05 per unit. The Triple- Chaser CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This is used to provide a large CS Smoke screen in an outdoor setting. Emits CS for approximately 30-40 seconds.

• DefTech 1032- Flameless Tri-Chamber CS - Qty: 12. $31.95 per unit. The design of the Tri-Chamber Flameless CS allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The CS is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. It will deliver approximately .70 oz. of agent during its 20-25 second burn time.

• DefTech 1072- Spede Heat CS- Qty: 29. $27.80 per unit. The Spede-Heat™ CS is a high-volume device with continuous burn and expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. It is designed to be used outdoors.

• DefTech 1092- Han-Ball CS – Qty: 10. $29.80 per unit. Designed specifically for outdoor use in crowd management situations, the Han-Ball is a high volume, fast burning device that expels its payload in 10 - 25 seconds. It is excellent for the rapid delivery of chemical agent or smoke in quickly changing tactical situations. Due to the quick discharge time, throwback potential is greatly reduced.

• DefTech 1262- Ferrett 40mm CS Barricade Penetrating- Qty: 11. $19.65 per unit. The Ferret 40mm Round is non-burning and suitable for indoor use. It is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or submission of potentially violent or dangerous subjects.

Concord Police Department Military Equipment Report for 2026 18 • DefTech 2262- Ferrett 40mm CS- Qty: 125. $19.65 per unit. The Ferret 40mm Round is non-burning and suitable for indoor use. It is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or submission of potentially violent or dangerous subjects.

• CTS 5230B- CS Baffled Grenade- Qty: 22. $45.20 per unit. Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire.

b. Purpose:

Chemical agents are a minimal force option used to generate compliance and aid in the de-escalation of high-risk incidents. Depending upon the delivery method, this equipment can be introduced in proximity or from a distance. Based on the unique characteristics of each situation, trained/authorized officers will select the munition and deployment method which will be most effective and pose the least risk to all involved with the highest chance of success. Chemical agents can be used to saturate suspects, violent crowds, and/or areas of varied size, indoor and outdoor.

c. Authorized Use:

Used exclusively by CPD SWAT officers who have received specialized California POST-certified training in the use of chemical agents. Chemical agents can dislodge a suspect from a stronghold location with the least possible danger to community members, officers and the suspect. Chemical agents can also be used to prevent an armed suspect from accurately firing at community members and officers, and during limited situations of civil unrest. CPD SWAT officers that have been certified as Chemical Agent Instructors after attending a 40-hour POST/CATO Chemical Agent Instructor Course give a minimum of 10 hours of annual training to CPD SWAT officers.

d. Expected Lifespan:

No shelf-life limitations provided by the manufacturer. Dependent upon operational usage and wear.

e. Fiscal Impact:

No annual maintenance cost for chemical agents. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of chemical agents may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

Concord Police Department Military Equipment Report for 2026 19 14. PepperBall Launcher and Projectiles

a. Description, Quantity, Capabilities, and Purchase Cost:

PepperBall Live and LiveX contains pelargonic acid vanillyl amide (PAVA), also referred to as Nonivamide, a capsaicinoid found in chili peppers that creates an unpleasant burning sensation.

• PepperBall
VKS Launcher. Qty: 8. Cost $1300.00 per unit. The Variable Kinetic System (VKS) is a compressed-air powered launcher designed to fire non-lethal PepperBall projectiles. Operates from an HPA tank air source and must be regularly refilled prior to use.

• PepperBall Inert Projectile – Qty: 500. Cost $0.80 per round. Containing a harmless, scented powder, this projectile is best suited for training, qualifications, and direct impact when chemical exposure is not desired.

Maximum effective range is 60 feet.

• PepperBall Live Projectile – Qty: 500. Cost $2.58 per round. The basic PepperBall projectile contains 2% PAVA pepper powder, and is excellent for direct impact and area saturation, especially in confined, interior spaces.

Maximum effective range is 60 feet.

• PepperBall Glass Break – Qty: 20. Cost $2.45 per round. A solid polymer projectile used for breaking out residential windows and side-glass of automobiles. Not for use on humans or animals. Maximum effective range 60 feet.

• PepperBall VXR Inert – Qty: 20. Cost $3.10 per round. Containing a harmless, scented powder, this projectile is best suited for training, qualifications, and direct impact when chemical exposure is not desired.

Maximum effective range is 150 feet.

• PepperBall VXR LiveX – Qty: 200 – Cost $4 per round. A more concentrated formula, containing approximately 10x the PAVA pepper powder of the LIVE projectile. Excellent for direct impact or area saturation. Maximum effective range is 150 feet.

b. Purpose:

To provide officers with a non-lethal force option to engage non-compliant or actively aggressive persons or animals at a distance. It may be used as a kinetic impact weapon with or without PAVA pepper powder projectiles, or to dispense PAVA without impacting an individual or animal. Use of this non-lethal force option would follow CPD Use of Force policy and CPD Control Devices and Techniques policy.

The department is currently undergoing training with this new equipment item.

c. Authorized Use:

CPD officers who have been trained by the manufacturer to be Department Instructors will lead CPD officers through the 4-hour training and certification process prior to use. Any officer who has been trained and approved on the equipment may

Concord Police Department Military Equipment Report for 2026 20 use the equipment when such use is supported by CPD Use of Force policy and CPD Control Devices and Techniques policy. Training on the equipment will be in accordance with CPD’s less-lethal yearly training calendar.

d. Expected Lifespan:

Estimated to be 15 years for the launchers, 5 years for training projectiles and an estimated 3 years for non-training projectiles.

e. Fiscal Impact:

No anticipated annual maintenance cost for the launchers. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of launchers and projectiles may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

Concord Police Department Military Equipment Report for 2026 21 15. Kinetic Impact Launchers

a. Description, Quantity, Capabilities, and Purchase Cost:

• DefTech 1425 40mm launcher (one round capacity) with optic and flashlight attached. Qty: 16
. Cost per unit $1550.00.

• DefTech 1440 40mm launcher (four round capacity) with optic and flashlight attached. Cost per unit $3350.00. Qty: 2.

• Penn Arms P540-1 40mm launcher (six round capacity) with optic and light attached. Qty: 1. Cost per unit $2000.00

• Remington 870 12-gauge shotgun equipped with orange stock. Qty: 5. Used to launch DefTech 3027 Drag Stabilized Less-Lethal Bean Bag rounds. Cost per unit $300.00.

b. Purpose:

To launch 40mm direct impact less lethal munitions by CPD officers or to launch 40mm chemical agent rounds by certified CPD SWAT officers in compliance with CPD Use of Force policy and CPD Control Devices and Techniques policy.

c. Authorized Use:

Officers who are properly trained and certified through CPD in-service training in compliance with California POST training standards (2 hours every 2 years), may use the 40mm launcher to launch kinetic impact less lethal projectiles as a force option in accordance with CPD Use of Force policy. Situations in which this equipment may be used include but are not limited to temporarily incapacitate or discourage an aggressive, armed, and/or non-compliant individual or animal at a distance safer to the officer which provides the opportunity to de-escalate the situation and potentially avoid the use of lethal force.

CPD SWAT officers may use the launchers to launch either kinetic impact rounds or, if trained, launch chemical agents in accordance with
CPD Use of Force policy and
CPD Control Devices and Techniques policy.

d. Expected Lifespan:

Estimated to be 20 years for the DefTech launchers and unlimited for the Remington 870 Less Lethal impact weapons, both dependent upon operational usage and wear.

e. Fiscal Impact:

No known recurring cost for launchers and an estimated $0.00 - $500.00 annual maintenance cost for the Remington 870 less lethal impact weapons. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of launchers and projectiles may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

Concord Police Department Military Equipment Report for 2026 22 16. Kinetic Impact Munitions

a. Description, Quantity, Capabilities, and Purchase Cost:

Less-lethal rubber and sponge batons can assist officers with overcoming resistance from violent persons and aiding in the de-escalation of high-risk situations.

• 40mm CTS 4557 Direct Impact Spin Stabilized Sponge Baton. Qty: 130.

Cost per unit $25.00.

• 40mm DefTech 3625 Direct Impact Spin Stabilized Sponge Baton. Qty: 8.

Cost per unit $25.00. In 202
5, CPD plans to purchase an additional 250
sponge baton munitions with the estimated cost of $6250.00.

• 12 gauge DefTech 3027 Drag Stabilized Less-Lethal Bean Bag rounds. Qty:

50. Cost per unit $5.

c. Purpose:

CPD is committed to reducing the potential for violent confrontations. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation.

Kinetic impact munitions may be used to compel an individual to cease his/her actions when such munitions present a reasonable option.

d. Authorized Use:

Officers who are properly trained may use the 37mm or 40mm launcher to launch kinetic impact less lethal projectiles as a use of force option and in accordance with CPD Use of Force policy and CPD Control Devices and Techniques policy.

e. Expected Lifespan:

No shelf life limitations provided by the manufacturer. Dependent upon operational usage and wear.

f. Fiscal Impact:

No known maintenance cost for the munitions. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of launchers and projectiles may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

Concord Police Department Military Equipment Report for 2026 23 17. Long Range Acoustic Device

a. Description, Quantity, Capabilities, and Purchase Cost:

Genasys LRAD-100X. Qty: 1. Cost per unit $15,000. The LRAD 100X is a self- contained, hand portable loud hailer that is 20-30 decibels (dB) louder than most megaphones. It provides clear communication at up to 1000 meters, 136dB maximum continuous output at 1 meter, and the ability to overcome 88 dB of background noise at 250 meters.

b. Purpose:

The CPD Crisis Negations Team uses the LRAD to establish communication with individuals who may be barricaded or are otherwise unable to be reached with a conventional public address system. This equipment is also used during high-risk situations such as search warrants where communications and notifications to the occupants of a structure are paramount.

c. Authorized Use:

CPD Crisis Negotiations team members take part in monthly department training ranging between an estimated 60-120 hours per calendar year. The use of the LRAD is reserved for these team members and training on the use of the LRAD is led and managed internally by team supervisors. The use of the LRAD is approved in training and during high-risk situations where the use of the LRAD for communications and notifications is appropriate as determined by the high-risk incident being managed by the Tactical/Incident Commander and normally attached to SWAT Missions as outlined in CPD policy.

d. Expected Lifespan:

Estimated to be 20 years, however dependent upon operational usage and wear.

e. Fiscal Impact:

There are no anticipated recurring costs associated with this equipment item.

Concord Police Department Military Equipment Report for 2026 24 Community Concerns and Complaints

In some instances, the possession and use of military equipment may cause questions and/or concerns for members of the community. It is vitally important that community members’ questions and/or complaints regarding the Concord Police Department’s possession and use of military equipment are addressed.

The Concord Police Department is committed to full and fair investigations of community complaints. As such, the Department has sound internal procedures for thorough and impartial investigations of community complaints. Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Department.

In March of 2022, the Concord Police Department published its proposed Military Equipment Use Policy on its website along with its first annual report. It also held a community meeting on March 24, 2022, to discuss its new proposed policy and presented its inventory of equipment.

On September 27, 2022, the Concord Police Department reported to the Concord City Council and community about its use of UAV’s since the program went live in March 2022.

In March of 2026, The Concord Police Department published its report on the use of Military Equipment on its website and held a community meeting to discuss the report and solicit community feedback on April 1, 2026.

Community concerns and complaints can be received via the Department’s website, in- person at the police department or in the field during police contacts, telephone, emails and social media.

Since the adoption of Ordinance 22-6, CPD Policy 706 and 2022 Report, CPD has received no complaints and has had no internal investigations related to the use of the military equipment.

Concord Police Department Military Equipment Report for 2026 25 Crisis Response Unit Usage
The Crisis Response Unit (CRU) is comprised of two specialized teams: The Special Weapons and Tactics Team (SWAT) and the Crisis Negotiation Team (CNT). The unit has been established to provide specialized support in handling critical field operations where intense negotiations and/or special tactical deployment methods beyond the capacity of patrol officers appear to be necessary. While referred to as different “teams” both SWAT and CNT are in fact components of the CRU.

The Concord Police Department SWAT team is a designated part -time unit of personnel that is specifically trained and equipped to work as a coordinated team to resolve critical incidents that are so hazardous, complex, or unusual that they may exceed the capabilities of patrol officers or investigative units. This includes, but is not limited to: hostage taking, barricaded persons, snipers, terrorist acts and other high- risk incidents. This team may be used to serve high-risk warrants, both search and arrest, where public and officer safety issues warrant the use of such a unit.

The Concord Police Department Crisis Negotiations Team provides skilled verbal communicators who may be utilized to attempt to de-escalate and effect surrender in critical situations where suspects have taken hostages, barricaded themselves, or have suicidal tendencies, or other situations where deemed appropriate.

Date Case Crime Equipment Used Mission
01/10/25
01/23/25
01/28/25

24-11649
25-00598
24-12239

ADW
ADW
ADW
SWAT Rifles/ Shields/

UAS/ ARV/ KBT
SWAT Rifles/ Shields/
UAS/ ARV/ 40mm
SWAT Rifles/ Shields/

UAS/ ARV

High risk search warrant
High risk search warrant
High risk search warrant
02/10/25
02/25/25
04/03/25
04/23/25

24-12239
25-02017
25-03422
25-04152

Felon w/ Firearms
Firearms/ Narcotics
OIS
Firearms Possession

SWAT Rifles/ ARV/
UAS/ KBT/ Shields
SWAT Rifles/ Shields/
UAS
ARV
ARV

High risk search/ arrest
warrant
High risk search warrant
Officer Protection during
arrest
Block suspect vehicle/
escape

7/21/24 24-07917 245/273.5 Rifle, armored
vehicle, shield, K9,
40mm less lethal
Armed barricaded suspect

Concord Police Department Military Equipment Report for 2026 26 05/02/25
06/05/25
06/26/25

25-03854
25-06854
25-05572

Barricaded Felon
Robbery
Robbery

ARV/ Chem/ Shields/
Breach/ 40mm
ARV/ Robot/ Rifles/
Shields/ NFDD/ KBT
SWAT Rifles/ ARV/
Shields/ NFDD/ KBT

Safe arrest barricaded
suspect
High risk search/ arrest
warrant
High risk search warrant

07/17/25
08/21/25

25-7443
24-09508

ADW/ Burglary
Manslaughter/ OD

SWAT Rifles/ ARV/
UAS/ Shields/ KBT
ARV/ Shields/ UAS/
NFDD

High risk search/ arrest
warrant
High risk arrest warrant

09/09/25
09/10/25

25-08580
25-09578

ADW Shooting
Narcotic Sales

SWAT Rifles/ ARV/
Shields/ UAS
SWAT Rifles/ ARV

UAS/ KBT/ NFDD

High risk search warrant
High risk search warrant

11/19/25
11/23/25

25-12000
25-12132

Robbery
ADW/ Shooting

SWAT Rifles/ ARV/

UAS/ KBT/ NFDD
SWAT Rifles/ ARV/

UAS/ KBT

High risk search warrant
High risk search warrant

Concord Police Department Military Equipment Report for 2026 27 Unmanned Aerial Vehicle (Drone) Flights
During 2025, the Concord Police Department operated 19 UAVs, which are also known as small unmanned aircraft systems (sUAS), or more commonly “drones,” on active calls for service.

These flights fall under CPD’s Policy 606.

All CPD officers piloting UAVs are licensed and fly under the authority of FAA 14 CFR Part 107 (Commercial Operators). During 2025, CPD had 16 UAV operators.

During 2025, the following UAV were in CPD’s inventory:

Qty Brand Model Use
3 Skydio X10 Drone as First Responder/ Exterior Search/ Overwatch 6 Autel EVO
2/Max4T
Exterior Search
2 Brinc Lemur Interior Search with 2-way communication 2 Brinc Lemur 2 Interior search w/2-way communication + glass breaker 4 Sky Hero Loki MkII Interior Search
2 Emax TinyHawk III Interior Training

The different types of UAVs fulfill specific requirements based upon the type of flight.

A prime example is the Skdyio X10, capable of remote flight by the RTIC Detective of DFR Trained Pilot, to respond in conjunction with Officers on the ground, allowing for faster response times and increased arrest rates and Officer Safety. For instance, the Autel EVO 2 is an exterior search drone that can operate outside and complies with FAA guidelines and is able to navigate with wind and other obstacles encountered outdoors.

The Brinc Lemur/Lemur2 is designed to fly indoors and allows for 2-way communication between officers and persons inside a structure, while the Loki MkII is much smaller and can fly in tight quarters such as underneath a sofa or bed.

UAVs are rapidly evolving in design with the technology and features changing and being updated regularly. For CPD to maintain a current and robust program, it will need to adopt new technology as it becomes available and cycle out the old, with obsolete units either being traded-in to the manufacturer or relegated to a training platform.

Many single incidents or calls for service have multiple flights due to the device’s battery life or a mechanical issue. This list does not include training flights, test flights, or public demonstrations, but flights on actual calls for service.

Concord Police Department Military Equipment Report for 2026 28 2025 Concord Police Department UAV Flights on Calls for Service (Exhaustive List):

Flight
Date/Time
Flight Description Takeoff Address
1/29/2025
8:02
Monte Garden Elementary School Visit CH:
2501290043
3800 Blk Larkspur Dr, Concord,
CA 94519, USA
1/28/2025
9:02
Over watch while serving a robbery related
search warrant. 25-00375
3300 Blk Ronald Way, Concord,
CA 94519, USA
1/26/2025
15:29
Felony Vehicle wanted in hit and run Case
#25-00787
Contra Costa Blvd And
Firestone, Concord, CA 94520,
USA
1/23/2025
8:53
Over watch for a search warrant related to a
robbery investigation. 24-11930
3600 Blk Hillsborough Dr,
Concord, CA 94520, USA
2/11/2025
13:00
25-1492 Overwatch for report of a male with a
gun (later determined to be a replica)
2000 Blk Risdon Rd, Concord,
CA 94518, USA
2/7/2025
10:26
CH093 - Search for hiker who fell with a head
injury
1200 Blk Waterfall Way,
Concord, CA 94521, USA
2/3/2025
1:16
Search of property for reported trespasser 1800 Blk 2nd St, Concord, CA 94519, USA
3/5/2025
11:34
Aireal search for missing person Case #25-
02254
3600 Block Willow Pass Rd,
Concord, CA 94519, USA
3/5/2025
11:59
Aireal search for missing person Case #25-
02254
3600 Block Willow Pass Rd,
Concord, CA 94519, USA
3/7/2025
9:59
Search for suicidal subject. 25-2354 1600 Block Allegro Ave, Concord, CA 94521, USA
3/17/2025
10:27
Drone was used to search the roof for
evidence related to a burglary. A safe and
other items were located on the roof. I could
not locate a case number.
2200 Block Upland Dr,
Concord, CA 94520, USA
3/18/2025
00:46
25-02739, overwatch for suicidal subject with
a gun
1300 Block Pennsylvania Blvd,
Concord, CA 94521, USA
3/27/2025
19:49
25-03137. 10857. vehicle gps shown in area. 3500 Block Clayton Rd, Concord, CA 94519, USA
3/31/2025
14:05
Overwatch for a Search Warrant Service for
MCU/SVU. CH: 2503310075
70 Block D St, Concord, CA
94518, USA
4/6/2025
2:18
Search for suspect after footbail from vehicle.
25-03497
2600 Block Salvio St, Concord,
CA 94519, USA
4/6/2025
18:34
25-03513 Aerial search for shooting suspect
in canal area
2300 Block Stanwell Dr,
Concord, CA 94520, USA
4/6/2025
18:53
25-03513 Aerial search for shooting suspect
in canal area
2300 Block Stanwell Dr,
Concord, CA 94520, USA
4/6/2025
19:15
25-03513 Aerial search for shooting suspect
in canal area
2300 Block Stanwell Dr,
Concord, CA 94520, USA
4/12/2025
15:06
25-03729 Overwatch/Scouting property with
barricaded and armed 459R Suspect inside
1900 Block Sunshine Dr,
Concord, CA 94520, USA
4/19/2025
23:55
CH 296 - Caller reported hearing screaming
coming from the open space behind their
residence.
2100 Block Bluerock Cir,
Concord, CA 94521, USA

Concord Police Department Military Equipment Report for 2026 29 5/3/2025
19:44
Search for felony domestic violence suspect.
25-04517
Meadow Ln And Robin Ln,
Concord, CA 94520, USA
5/5/2025
17:18
25-4576 Search for suspect that brandished a
handgun
3300 Block Benton St, Concord,
CA 94519, USA
5/5/2025
17:45
25-4576 Search for a subject that brandished
a handgun
3300 Block Benton St, Concord,
CA 94519, USA
5/6/2025
1:41
25-04591. Search for suspect who fled
collision.
2800 Block Willow Pass Rd,
Concord, CA 94519, USA
5/6/2025
2:29
25-04591. Search for suspect who fled
collision.
4000 Block Willow Pass Rd,
Concord, CA 94519, USA
5/22/2025
9:01
25-5328 Search for felony hit and run suspect 5500 Block Morengo Ct, Concord, CA 94521, USA
5/29/2025
20:20
Over head search of armed battery suspect.

CH#345
2700 Block Pacific St, Concord,
CA 94518, USA
6/4/2025
19:22
overhead search for missing. 25-5746 1900 Block Bailey Rd, Concord, CA 94521, USA
6/8/2025
22:17
2506080219 Exterior flight to clear residence
when family member arrived to find front door
open.
4400 Block Lawson Ct,
Concord, CA 94521, USA
6/10/2025
14:53
Over watch for protest 1900 Block Market St, Concord,
CA 94520, USA
6/11/2025
9:33
25-5923 Search for missing at risk adult California Riding & Hiking Trail Trailhead, Concord, CA 94521,
USA
6/11/2025
20:41
25-05991. foot pursuit of suspect from 10851.
drone used to check area after officers lost
sight of suspect.
2100 Block Olivera Ct,
Concord, CA 94520, USA
6/12/2025
21:20
overhead search of stolen vehicle suspect.
25-6021
4500 Block Clayton Rd,
Concord, CA 94521, USA
6/13/2025
21:39
2506130265 Outside Assist for Clayton PD.

Aerial search and track for Suspect evading
police in backyards (Felony Warrant).

Marsh Creek Rd and Greystone
Rd, Clayton, CA 94517, USA
6/13/2025
21:53
2506130265 Outside Assist for Clayton PD.

Aerial search and track for Suspect evading
police in backyards (Felony Warrant).

Briarwood, 167 Mt Vernon Dr,
Clayton, CA 94517, USA
6/14/2025
2:27
25-06061 Aerial photography for solo vehicle
accident with major injuries.
1300 Block Sherwood Dr,
Concord, CA 94521, USA
6/14/2025
14:44
Case #25-6067. Over watch for a planned
protest.
1600 Block Willow Pass Rd,
Concord, CA 94520, USA
6/14/2025
15:33
overhead for protest 1000 Block Detroit Ave,
Concord, CA 94518, USA
6/20/2025
1:41
overhead search of burglary suspect, 25-6310 1200 Block Franquette Ave A, Concord, CA 94520, USA
6/20/2025
15:39
25-06322, fatal collision 2200 Block Flagstone Way,
Concord, CA 94521, USA
6/28/2025
17:27
Search for overdue hiker. 25-06692 5150 Montecito Dr, Concord, CA 94521, USA
7/1/2025
15:25
25-6788 Search of the canal for Costco felony
theft suspect
2300 Block Whitman Rd #E2,
Concord, CA 94518, USA

Concord Police Department Military Equipment Report for 2026 30 7/16/2025
1:50
CH#2507160020. shots possibly inside
residence. overhead flight. fireworks
ultimately
1600 Block Claycord Ave,
Concord, CA 94521, USA
7/16/2025
2:10
CH#2507160020. shots possibly inside
residence. overhead flight. fireworks
ultimately
1600 Block Claycord Ave,
Concord, CA 94521, USA
7/17/2025
17:15
CR#25-07423. 417 subject in RV. 2200 Block Pike Ct, Concord, CA 94520, USA
7/19/2025
16:54
25-7484 Search for robbery suspect 1900 Block Diamond Blvd, Concord, CA 94520, USA
7/20/2025
1:57
25-7499 Aerial photography for an auto vs
pedestrian motor vehicle collision
1500 Block Monument Blvd,
Concord, CA 94520, USA
7/23/2025
16:05
Overview for ICAC operation 25-07640 200 Block Muir Station Rd, Martinez, CA 94553, USA
7/23/2025
17:34
Overview for ICAC operation 25-07640 200 Block Muir Station Rd, Martinez, CA 94553, USA
7/25/2025
11:50
Overview for ICAC operation, no case
number generated.
200 Block Vista Way, Martinez,
CA 94553, USA
7/25/2025
17:45
Overview for ICAC operation. 25-07715 200 Block Muir Station Rd, Martinez, CA 94553, USA
7/25/2025
17:52
Overwatch for Veranda "take over" event 1000 Block Galaxy Way, Concord, CA 94520, USA
7/25/2025
17:52
Overwatch for Veranda "take over" event 1000 Block Galaxy Way, Concord, CA 94520, USA
7/25/2025
17:52
Overwatch for Veranda "take over" event 1000 Block Galaxy Way, Concord, CA 94520, USA
7/25/2025
17:52
Overwatch for Veranda "take over" event 1000 Block Galaxy Way, Concord, CA 94520, USA
7/25/2025
18:03
Overview for ICAC operation. 25-07715 200 Block Muir Station Rd, Martinez, CA 94553, USA
7/25/2025
18:14
Overwatch for Veranda "take over" event 1000 Block Galaxy Way, Concord, CA 94520, USA
7/25/2025
18:37
Overwatch for Veranda "take over" event 1000 Block Galaxy Way, Concord, CA 94520, USA
7/25/2025
18:40
Overwatch for Veranda "take over" event 1000 Block Galaxy Way, Concord, CA 94520, USA
7/25/2025
18:57
Overwatch for Veranda "take over" event 1000 Block Galaxy Way, Concord, CA 94520, USA
7/25/2025
19:01
Overwatch for Veranda "take over" event 1000 Block Galaxy Way, Concord, CA 94520, USA
7/25/2025
19:32
Overwatch for Veranda "take over" event 1000 Block Galaxy Way, Concord, CA 94520, USA
7/25/2025
20:03
Overwatch for Veranda "take over" event 1000 Block Galaxy Way, Concord, CA 94520, USA
7/26/2025
21:26
overhead for brandishing suspect. 25-07769 1300 Block Tapestry Ln, Concord, CA 94520, USA
7/26/2025
21:33
overhead for brandishing suspect. 25-07769 1300 Block Tapestry Ln, Concord, CA 94520, USA
7/26/2025
21:39
overhead for brandishing suspect. 25-07769 1300 Block Tapestry Ln, Concord, CA 94520, USA

Concord Police Department Military Equipment Report for 2026 31 7/26/2025
21:46
overhead for brandishing suspect. 25-07769 1300 Block Tapestry Ln, Concord, CA 94520, USA
7/27/2025
22:19
Search for vandalism suspect. 25-07798 1500 Block Whitman Rd, Concord, CA 94518, USA
7/27/2025
23:17
overhead for burglary suspect. CH#254 1800 Block Market St, Concord, CA 94520, USA
8/9/2025
17:15
25-08282 - Outside Assist for Walnut Creek
Police Department's Fatal Collision - Ygnacio
Valley east of Oak Grove Rd
100 Block Bexley Pl, Walnut
Creek, CA 94598, USA
8/9/2025
17:32
25-08282 - Outside Assist for Walnut Creek
Police Department's Fatal Collision - Ygnacio
Valley east of Oak Grove Rd
100 Block Bexley Pl, Walnut
Creek, CA 94598, USA
8/9/2025
17:46
25-08282 - Outside Assist for Walnut Creek
Police Department's Fatal Collision - Ygnacio
Valley east of Oak Grove Rd
100 Block Bexley Pl, Walnut
Creek, CA 94598, USA
8/19/2025
21:38
CH#402 - Search for missing autistic juvenile. Concord Blvd And West St, Concord, CA 94519, USA
8/19/2025
21:38
CH#402 - Search for missing autistic juvenile. Concord Blvd And West St, Concord, CA 94519, USA
8/21/2025
21:40
25-08836- Overwatch for warrant suspect
footbail
2700 Block Broadmoor Ave,
Concord, CA 94520, USA
8/23/2025
4:14
Trespassing/vehicle burg reported inside
locked yard. No suspect/459 located.
1000 Block Burnett Ave,
Concord, CA 94520, USA
8/24/2025
1:14
OA for CHP - 10851 Foot Bail CH
2508240009 (FAA Wavier Attached)
1900 Block Arnold Industrial Pl,
Concord, CA 94520, USA
8/25/2025
2:37
Missing person 25-08954 1000 Block Mohr Ln, Concord,
CA 94518, USA
8/29/2025
15:45
25-07535 Overwatch on search warrant 2600 Block Mayfair Ave, Concord, CA 94520, USA
8/29/2025
16:08
25-07535 Overwatch on search warrant 2600 Block Mayfair Ave, Concord, CA 94520, USA
9/1/2025
15:11
2509010146 - Overwatch for unfounded
swatting call
1500 Block Lacey Ct, Concord,
CA 94520, USA
9/1/2025
15:32
2509010146 - Overwatch for unfounded
swatting call
1500 Block Lacey Ct, Concord,
CA 94520, USA
9/2/2025
4:51
2509020025 - Overwatch for search warrant 1500 BlockGrove Way, Concord, CA 94519, USA
9/2/2025
4:58
24-09508 Overwatch on search/arrest warrant
service
700 Block Owl Ct, Antioch, CA
94509, USA
9/2/2025
13:32
Area check for multiple report of a male
armed with a AK 47 in the canal.
1350 Galindo St, Concord, CA
94520, USA
9/3/2025
15:54
CH 290 Report of a fight at 7-11 1350 Galindo St, Concord, CA 94520, USA
9/3/2025
17:08
CH 322, Drone used for area check for
female threatening to kill people. UTL
1350 Galindo St, Concord, CA
94520, USA
9/3/2025
19:30
CH 365 Outside assist for Pittsburg PD,
looking for vehicle related to felony domestic
violence suspect.
1350 Galindo St, Concord, CA
94520, USA

Concord Police Department Military Equipment Report for 2026 32 9/3/2025
19:54
CH 365 Outside assist for Pittsburg PD,
looking for vehicle related to felony domestic
violence suspect.
1350 Galindo St, Concord, CA
94520, USA
9/3/2025
22:53
25-9333 Welfare check for subject passed out
behind the wheel of a car.
1350 Galindo St, Concord, CA
94520, USA
9/3/2025
22:53
25-9333 Welfare check for subject passed out
behind the wheel of a car.
1350 Galindo St, Concord, CA
94520, USA
9/4/2025
6:17
25-01943 Overwatch on search/arrest warrant
service
800 Block Atherton Cir,
Pittsburg, CA 94565, USA
9/4/2025
13:43
Report of two males armed with a firearm.

Left prior to drone arrival.
1350 Galindo St, Concord, CA
94520, USA
9/4/2025
14:02
Report of physical domestic in a vehicle in the
intersection
1350 Galindo St, Concord, CA
94520, USA
9/4/2025
15:07
Report of a fire at a vacant house. 1350 Galindo St, Concord, CA 94520, USA
9/4/2025
19:22
CH 319 Search for 3 females who vandalized
store on Pacheco St
1350 Galindo St, Concord, CA
94520, USA
9/4/2025
20:00
CH 322 Search for theft suspect from
Walgreens Concord Ave
1350 Galindo St, Concord, CA
94520, USA
9/4/2025
21:53
25-9374 ,Suspicious unfamiliar female found
on comps front porch.
1350 Galindo St, Concord, CA
94520, USA
9/5/2025
14:20
TEST RESPONSE TIME AND RANGE 1350 Galindo St, Concord, CA 94520, USA
9/5/2025
15:48

CHECK FOR SUSPICIOUS PERSON GOING
DOOR TO DOOR ch# 312
1350 Galindo St, Concord, CA
94520, USA
9/5/2025
16:20

CHECK FOR UNATTENDED CHILD IN CAR
AND DOGS LEFT IN A CAR CH#326 AND
CH#320
1350 Galindo St, Concord, CA
94520, USA
9/5/2025
18:01
2509050360. hazard check, manhole cover
fell and left hole in roadway. confirmed and
contacted water district.
1350 Galindo St, Concord, CA
94520, USA
9/5/2025
18:28
2509050369. suspicious person riding a
bicycle with an axe. area check negative
results.
1350 Galindo St, Concord, CA
94520, USA
9/5/2025
18:54
2509050383. missing elderly at risk due to
dementia.
1350 Galindo St, Concord, CA
94520, USA
9/5/2025
21:03
area check for suspected dui vehicle. area
check utl

1350 Galindo St, Concord, CA
94520, USA
9/5/2025
21:22
25-09413. vehicle collision with no details.
suspect driver fled on foot. drone searched for
suspect. utl
1350 Galindo St, Concord, CA
94520, USA
9/5/2025
21:44
2509050451. suspicious person going
through garage seen with a large knife in
back pocket. drone located suspect and
directed officers to him.
1350 Galindo St, Concord, CA
94520, USA
9/5/2025
22:27
CH 20509050460 overwatch for audible
alarm/possible burglary
1350 Galindo St, Concord, CA
94520, USA
9/6/2025
11:51
25-09428 - Overwatch for subject with a
firearm
1350 Galindo St, Concord, CA
94520, USA

Concord Police Department Military Equipment Report for 2026 33 9/6/2025
18:31
CH 2509060227, locating a male lying in the
middle of the roadway
1350 Galindo St, Concord, CA
94520, USA
9/6/2025
19:09
2509060233, Indecent exposure. Subject
located by drone and maintained visual until
patrol arrived.
1350 Galindo St, Concord, CA
94520, USA
9/6/2025
19:53
2509060246. Welfare check on a subject
lying on the sidewalk next to a bicycle.

Located subject and maintained visual until
patrol arrived.
1350 Galindo St, Concord, CA
94520, USA
9/6/2025
20:36
2509060230: Area check in canal for subject
possibly spray-painting. Drone responded and
unable to locate subject.
1350 Galindo St, Concord, CA
94520, USA
9/6/2025
21:39
25-9444 and 2509060284. Auto vs ped
collision and locating subject of an unwanted
guest at the hospital.
1350 Galindo St, Concord, CA
94520, USA
9/6/2025
22:28
2509060300, Drone assist for motorcycle
pursuit.
1350 Galindo St, Concord, CA
94520, USA
9/7/2025
4:17
2509070029 - Overwatch for suspicious
circumstance
2700 Block Cloverdale Ave,
Concord, CA 94518, USA
9/7/2025
20:24
2509070189 - Area check for trespassers,
UTL
1400 Block Dina Dr, Concord,
CA 94518, USA
9/8/2025
13:41
2509080174 security check of residence,
checked house for signs of entry
700 Block Sunflower Ct,
Concord, CA 94518, USA
9/9/2025
16:19
2509100304 - Vehicle collision Galindo St And Sigma Hair Cuts, Concord, CA 94520, USA
9/9/2025
16:23
Overhead during Antioch search warrant
related to Concord PC 246.
1300 Block Sycamore Dr,
Antioch, CA 94509, USA
9/10/2025
14:55
2509100264 23103 1350 Galindo St, Concord, CA
94520, USA
9/10/2025
16:17
25-09600 11-79 1350 Galindo St, Concord, CA
94520, USA
9/10/2025
16:48
415 Log#2509100316 1350 Galindo St, Concord, CA
94520, USA
9/10/2025
17:34
2509100330 1066 1350 Galindo St, Concord, CA
94520, USA
9/10/2025
18:11
2509100334 - Area check for report of
trespass
1350 Galindo St, Concord, CA
94520, USA
9/10/2025
18:28
2509100300 Area check for wanted person 1350 Galindo St, Concord, CA 94520, USA
9/10/2025
20:05
2509100371 Located potential drunk driving
suspect and suspect vehicle
1350 Galindo St, Concord, CA
94520, USA
9/10/2025
20:42
2509100380 - Area check on animal control
assist
1350 Galindo St, Concord, CA
94520, USA
9/10/2025
22:03
2509100393 Area check related to suspected
domestic violence
1350 Galindo St, Concord, CA
94520, USA
9/10/2025
22:23
2509100399 PWT 1350 Galindo St, Concord, CA
94520, USA
9/11/2025
13:26
2509110242 - Domestic Disturbance -
Dennys
1350 Galindo St, Concord, CA
94520, USA

Concord Police Department Military Equipment Report for 2026 34 9/11/2025
14:14
Overwatch related to drug sales investigation 600 Block Bounty Dr, Bay Point, CA 94565, USA
9/11/2025
14:43
25-09626 - Vehicle VS Pedestrian 1350 Galindo St, Concord, CA 94520, USA
9/11/2025
15:14
Case 25-09610/ Stolen Vehicle pursuit
overwatch.
1350 Galindo St, Concord, CA
94520, USA
9/11/2025
15:34
Case 25-09610/ Stolen Vehicle pursuit
overwatch.
1350 Galindo St, Concord, CA
94520, USA
9/11/2025
16:41
Event # 2509110311 - Reckless Driver -

GOA/UTL
1350 Galindo St, Concord, CA
94520, USA
9/11/2025
17:00
Event # 2509110331 - DV at Walgreens -
Suspect GOA - Victim contacted by patrol
inside Walgreens
1350 Galindo St, Concord, CA
94520, USA
9/11/2025
19:17
2509110370. Search for intoxicated driver.

UTL
1350 Galindo St, Concord, CA
94520, USA
9/11/2025
21:57
Search for theft suspect at Food Maxx 25-
09645
1350 Galindo St, Concord, CA
94520, USA
9/11/2025
22:26
Cold occupied suspicious vehicle. DFR
cleared call w/o patrol. 2509110405
1350 Galindo St, Concord, CA
94520, USA
9/11/2025
22:46
Clearance of backyard for trespass report of
vacant property. 2509110437
1350 Galindo St, Concord, CA
94520, USA
9/12/2025
9:08
25-08320 Overwatch on warrant service 400 Block Rolling Ln, Alamo, CA 94507, USA
9/12/2025
14:29
2509120165 Dispatch labelled robbery,
ended up being petty theft. Searched for
suspect. UTL
1350 Galindo St, Concord, CA
94520, USA
9/12/2025
17:12
2509120223 Report of smoke coming from
house. UTL on smoke
1350 Galindo St, Concord, CA
94520, USA
9/12/2025
18:48
Domestic Disturbance at Premier Inn. Drone
first on scene. witnessed 415. 2509120259
1350 Galindo St, Concord, CA
94520, USA
9/12/2025
19:52
Report of Norman Jones stealing from
Walgreens 2509120273
1350 Galindo St, Concord, CA
94520, USA
9/12/2025
20:35
Reports of Shots/fireworks on Mohr Ln. None
located. Determined to be fireworks.
250912089
1350 Galindo St, Concord, CA
94520, USA
9/12/2025
21:05
Search for domestic violence couple at
Premier Inn. 25-09682
1350 Galindo St, Concord, CA
94520, USA
9/12/2025
21:22
Suspicious circumstance of male with blood
at Dollar Tree. Red substance found near
back of store.
1350 Galindo St, Concord, CA
94520, USA
9/12/2025
22:00
2509120303 - Search for victim of potential dv
from phone pings
1350 Galindo St, Concord, CA
94520, USA
9/13/2025
11:52
2509130018- Searching for missing at risk
child.
2700 Block E Olivera Rd,
Concord, CA 94519, USA
9/13/2025
12:09
2509130018- Searching for missing at risk
child.
2900 Block Esperanza Dr,
Concord, CA 94519, USA
9/13/2025
12:45
2509130018- Searching for missing at risk
child.
2000 Block Olivera Rd,
Concord, CA 94520, USA
9/13/2025
13:08
2509130018- Searching for missing at risk
child.
3500 Block Dumbarton St,
Concord, CA 94519, USA

Concord Police Department Military Equipment Report for 2026 35 9/13/2025
14:29
Overwatch for modified high risk traffic stop
related to felony assault.
1350 Galindo St, Concord, CA
94520, USA
9/13/2025
15:04
CH 188 Report of a fight, provided scene
overwatch.
1350 Galindo St, Concord, CA
94520, USA
9/13/2025
16:01
CH 188 - Hazard check for multiple callers
reporting male walking in the roadway.

Located by the drone with a patrol response
to follow.
1350 Galindo St, Concord, CA
94520, USA
9/13/2025
19:40
Report of fireworks being shot off near dog
park which turned into an assault. Drone
overwatch
1350 Galindo St, Concord, CA
94520, USA
9/13/2025
20:19
CH 238, Outside assist for Walnut Creek to
search open space for a report of a female
screaming in distress.
200 Block Paseo Cima, Walnut
Creek, CA 94598, USA
9/13/2025
22:26
2509130266 - Assist with foot pursuit/over
watch related to domestic violence
investigation.
1350 Galindo St, Concord, CA
94520, USA

9/16/2025
15:01
25-09812 locate subjects in burglary, follow
suspects and complete overwatch while
searching for suspects
2900 Block Lane Dr, Concord,
CA 94518, USA

9/16/2025
15:09
25-09812 In progress residential burglary with
three outstanding suspects
1350 Galindo St, Concord, CA
94520, USA
9/16/2025
15:28
25-09812 clear backyard of 2855 Lane dr
after burglary and provide overwatch during
search
2800 Block Lane Dr, Concord,
CA 94518, USA
9/16/2025
15:31
25-09812 In progress residential burglary with
three outstanding suspects
990 Block Detroit Ave, Concord,
CA 94518, USA
9/16/2025
15:39
25-09812 In progress residential burglary with
three outstanding suspects
1350 Galindo St, Concord, CA
94520, USA
9/16/2025
15:52
25-09812 In progress residential burglary with
three outstanding suspects
990 Block Detroit Ave, Concord,
CA 94518, USA
9/16/2025
15:56
25-09812 search backyard of flight path for
burglary suspects, and more potential
suspects
2800 Block Lane Dr, Concord,
CA 94518, USA
9/17/2025
13:21
2509170171 - Aerial check for 23152 driver 1350 Galindo St, Concord, CA 94520, USA
9/17/2025
14:48
2509170205 - Dispatched to 484 at the mall,
but was determined to be cold report, so did
not respond after drone was in the air.
1350 Galindo St, Concord, CA
94520, USA
9/17/2025
15:12
First on scene and watched front door for two
484 suspects to exit the store.
1350 Galindo St, Concord, CA
94520, USA
9/17/2025
15:38
2509170233 - Located 487 suspect vehicle
for Morage PD and provided overwatch until
they arrested suspect.
1350 Galindo St, Concord, CA
94520, USA
9/17/2025
16:04
2509170233 - Located 487 suspect vehicle
for Morage PD and provided overwatch until
they arrested suspect.
1350 Galindo St, Concord, CA
94520, USA
9/17/2025
16:30
2509170233 - Located 487 suspect vehicle
for Morage PD and provided overwatch until
they arrested suspect.
1350 Galindo St, Concord, CA
94520, USA

Concord Police Department Military Equipment Report for 2026 36 9/17/2025
17:41
2509170267 - DFR response to a reported
house fire.
1350 Galindo St, Concord, CA
94520, USA
9/17/2025
19:00
2509170286 - Male seen yelling at people
and messing with water taps.
1350 Galindo St, Concord, CA
94520, USA
9/17/2025
21:55
2509170331 and 2509170327 - Provided
overwatch for suspect trespassing on
property and located 2 suspects who just
committed 484 from CVS on Clayton Rd. All
arrested.
1350 Galindo St, Concord, CA
94520, USA
9/18/2025
14:25
415 #2509180259 Search for suspect vehicle 1350 Galindo St, Concord, CA 94520, USA
9/18/2025
15:33
2509180294 - 415 fight. 3 males and 1 female
in fight out front of store.
1350 Galindo St, Concord, CA
94520, USA
9/18/2025
15:59
2509180308 - 1066 homeless male throwing
self against walls.
1350 Galindo St, Concord, CA
94520, USA
9/18/2025
17:21
2509180347 - 415 premier inn. 2509180339 -
415 Arco Arnold industrial
1350 Galindo St, Concord, CA
94520, USA
9/18/2025
17:50
suspicious person deep valley. unable to
reach location due to battery 2509180363
1350 Galindo St, Concord, CA
94520, USA
9/18/2025
19:09
25-09896. search for 10851. UTL 1350 Galindo St, Concord, CA 94520, USA
9/18/2025
20:33
2509180423. Report of a fight. turned around
due to denial from Concord Tower.
1350 Galindo St, Concord, CA
94520, USA
9/19/2025
0:09
Outside Assist for walnut creek. Drone
overwatch and search.
130 Block Kelobra Ct, Walnut
Creek, CA 94598, USA
9/20/2025
13:17
CH 2509200156: CFS of a group of 50-100
physically fighting. Maintained overwatch and
followed suspect fleeing scene on a
motorcycle.
1350 Galindo St, Concord, CA
94520, USA
9/20/2025
15:52
Training then area check for subject that
called 911. Flew around the area and was
unable to locate any subject in distress. CH
2509200202
1350 Galindo St, Concord, CA
94520, USA
9/20/2025
16:22
CH 208, aerial area check for a petty theft
suspect.
1350 Galindo St, Concord, CA
94520, USA
9/20/2025
16:37
CH 2509200210 (subjects throwing rocks at
vehicles) and CH 2509200212 (subject with a
gun inside a vehicle). Provided overwatch and
monitored intersection for the vehicle.
1350 Galindo St, Concord, CA
94520, USA
9/20/2025
17:45
CH 2509200223, responded to report of
brush fire. Located fire and maintained visual
until CFD arrived.
1350 Galindo St, Concord, CA
94520, USA
9/20/2025
18:53
25-09955. Area check for ATV that fled from a
traffic stop
1350 Galindo St, Concord, CA
94520, USA
9/20/2025
21:42
CH 2509200301. Possible prowler in the back
yard of the residence. Cleared the backyard.
1350 Galindo St, Concord, CA
94520, USA
9/21/2025
2:38
33 - Area check of school 4200 Block Concord Blvd,
Concord, CA 94521, USA

Concord Police Department Military Equipment Report for 2026 37 9/24/2025
12:59
25-10133 Check backyard of a house for a
security check and possible residential
burglary
1300 Block Rosemary Ln,
Concord, CA 94518, USA
9/24/2025
13:27
2509240211 - Dollar Tree 484 - Suspect
locate/Assist with arrest.
1350 Galindo St, Concord, CA
94520, USA
9/24/2025
14:02
2509240209 - 602- located male and gave
verbal notification to leave property.
1350 Galindo St, Concord, CA
94520, USA
9/24/2025
14:29
2509240226 - homeless male trespassing.

Located as he walked off towards downtown.
1350 Galindo St, Concord, CA
94520, USA
9/24/2025
15:06
2509240244 - homeless male trespassing -
located outside of 7-11.
1350 Galindo St, Concord, CA
94520, USA
9/24/2025
15:27
2509240256- Fire on iron horse trail. 1350 Galindo St, Concord, CA 94520, USA
9/24/2025
16:45
2509240284 - area check for a male
trespassing
1350 Galindo St, Concord, CA
94520, USA
9/24/2025
17:34
2509240292 - Homeless complaint/fire - Area
check located suspect/vehicle no fire.
1350 Galindo St, Concord, CA
94520, USA
9/24/2025
19:16
25-10129 - 647F - subject located, then
officers arrived and arrested.
1350 Galindo St, Concord, CA
94520, USA
9/24/2025
19:58
Reckless driver area check. 1350 Galindo St, Concord, CA 94520, USA
9/24/2025
21:12
2509240350 - 484 Area check 1350 Galindo St, Concord, CA 94520, USA
9/24/2025
21:54
2509240356 - 1183 Area check. Located lost
cell phone.
1350 Galindo St, Concord, CA
94520, USA
9/25/2025
14:51
2509250236 - Achk for 1051 suspect, UTL. 1350 Galindo St, Concord, CA 94520, USA
9/25/2025
15:13
2509250236 - Responded for foot pursuit,
subject in custody prior to arrival 2509250253
- Report of hless panhandling with a knife in
his pocket. Located, no crime, no 417
1350 Galindo St, Concord, CA
94520, USA
9/25/2025
15:36
2509250262 - Multi-vehicle collision,
responded and logged license plates.
1350 Galindo St, Concord, CA
94520, USA
9/25/2025
16:09
2509250250 - Area check for hless subject
throwing objects at cars, GOA
1350 Galindo St, Concord, CA
94520, USA
9/25/2025
16:16
2509250239 - Achk for hless subjects
loitering, GOA
1350 Galindo St, Concord, CA
94520, USA
9/25/2025
18:48
2509250301 - Security check for subject seen
jumping a fence 2509250308 - Overwatch for
a report of a residential burglary, located
three suspects and their vehicles
1350 Galindo St, Concord, CA
94520, USA
9/25/2025
19:58
2509250324 - Report of a verbal dispute with
RRES statements, located subjects prior to
PD arrival.
1350 Galindo St, Concord, CA
94520, USA
9/25/2025
20:24
2509250331 - Report of a fight with a vehicle
collision, provided overwatch, UTL suspect
vehicle 2509250331 - Report of a prowler,
located suspect hiding in a gated front yard,
coordinated response
1350 Galindo St, Concord, CA
94520, USA

Concord Police Department Military Equipment Report for 2026 38 9/25/2025
21:23
2509250344 - Overwatch/achk for heard only
dv
1350 Galindo St, Concord, CA
94520, USA
9/26/2025
14:14
Overwatch for shoplifting in progress 1350 Galindo St, Concord, CA 94520, USA
9/26/2025
14:29
Attempted to locate felony vehicle. 1350 Galindo St, Concord, CA 94520, USA
9/26/2025
14:45
Overwatch for shoplifting in progress 1350 Galindo St, Concord, CA 94520, USA
9/26/2025
15:06
Overwatch for shoplifting in progress 1350 Galindo St, Concord, CA 94520, USA
9/26/2025
15:34
Area checked for a reckless driver. 1350 Galindo St, Concord, CA 94520, USA
9/26/2025
17:39
25-10205, search for 242 PC suspect 1350 Galindo St, Concord, CA 94520, USA
9/26/2025
17:53
CH 2509260270, Overwatch on 417 PC 1350 Galindo St, Concord, CA 94520, USA
9/26/2025
20:35
DUI Checkpoint 1350 Galindo St, Concord, CA
94520, USA
9/26/2025
20:59
25-10210, area check for at risk missing
person
1350 Galindo St, Concord, CA
94520, USA
9/26/2025
21:15
CH 2509260115, memorial overwatch 1350 Galindo St, Concord, CA 94520, USA
9/26/2025
22:15
CH 2509260115, memorial overwatch Galindo St And Sigma Hair Cuts, Concord, CA 94520, USA
9/27/2025
13:01
Search for subject exposing himself. UTL 1350 Galindo St, Concord, CA 94520, USA
9/27/2025
17:29
Search for reported DUI Driver. Located by
patrol prior to arrival.
1350 Galindo St, Concord, CA
94520, USA
9/27/2025
18:28
Search for subject violating court order.

Located by drone, arrested by patrol.
1350 Galindo St, Concord, CA
94520, USA
9/27/2025
19:06
Overwatch for ConFire for vegetation fire. 1350 Galindo St, Concord, CA 94520, USA
9/27/2025
20:46
Overwatch for reported structure fire. Fire out
prior to police/fire arrival.
1350 Galindo St, Concord, CA
94520, USA
9/27/2025
21:54
Report of a loud domestic disturbance. Patrol
overwatch.
1350 Galindo St, Concord, CA
94520, USA
9/30/2025
15:08
2509300273 & 2509300270 disturbance and
petty theft provided overwatch while officers
detained subjects
1350 Galindo St, Concord, CA
94520, USA
10/2/2025
12:08
2510020154 check the area for two males
arguing
3700 Block Treat Blvd,
Concord, CA 94518, USA
10/4/2025
21:38
Area check for suspect who fled vehicular collision 3300 Cowell Rd, Concord, CA 94518, USA
10/5/2025
21:16
CH # 2510050204 - Attempt to locate
Arson/Attempted Homicide Suspect
1700 Block Argonne Dr,
Concord, CA 94518, USA
10/6/2025
22:29
25-10537. Stolen vehicle, pursuit, foot bail. 3100 Ponderosa Dr, Concord, CA 94520, USA
10/11/2025
2:44
Search for theft 1800 Block Market St, Concord,
CA 94520, USA

Concord Police Department Military Equipment Report for 2026 39 10/11/2025
5:07
25-10706 Aerial scout and overwatch for high
risk stop
1000 Block Burnett Ave,
Concord, CA 94520, USA
10/12/2025
2:39
25-10706 Aerial scout and overwatch for high
risk stop
Concord Ave And Commerce
Ave, Concord, CA 94520, USA
10/12/2025
15:41
25-10759 Area check 3900 Block Mulberry Dr,
Concord, CA 94519, USA
10/12/2025
16:00
25-10706 Aerial scout and overwatch for high
risk stop
3900 Block Mulberry Dr,
Concord, CA 94519, USA
10/14/2025
5:21
25-10759 Area check 3900 Block Mulberry Dr,
Concord, CA 94519, USA
10/16/2025
7:26
25-09029 Aerial Overwatch 5400 Block Anselmo Ct,
Concord, CA 94521, USA
10/19/2025
0:02
2510180311 - 1066 Area check for male
trespassing.
800 Block Appian Knoll Ct, El
Sobrante, CA 94803, USA
10/24/2025
16:22
2510240239- Area check GOA. 1600 Block Solano Way,
Concord, CA 94520, USA
11/9/2025
22:51
25-11713, search for suicidal subject 2700 Block T E Olivera Rd, Concord, CA 94519, USA
11/16/2025
20:13
25-11925 Aerial scene footage for collision. Monument Blvd and Reganti Dr, Concord, CA 94518, USA
11/19/2025
4:30
2511190025 Overwatch 1800 Block T Monument Blvd
Suite D, Concord, CA 94520,
USA
11/19/2025
4:45
2511190025 Overwatch 1800 Block T Monument Blvd
Suite D, Concord, CA 94520,
USA
11/19/2025
5:11
2511190025 Overwatch 1800 Block T Monument Blvd
Suite D, Concord, CA 94520,
USA
11/19/2025
15:58
search for individuals involved in a
disturbance
2800 Block T Treat Blvd,
Concord, CA 94518, USA
11/19/2025
15:58
search for individuals involved in a
disturbance
2800 Block T Treat Blvd,
Concord, CA 94518, USA
11/23/2025
11:19
CPD Case 25-12132 - Assault with a
firearm/Domestic Violence/Suicide
2800 Block T Treat Blvd,
Concord, CA 94518, USA
11/23/2025
11:38
CPD Case 25-12132 - Assault with a
firearm/Domestic Violence/Suicide
2800 Block T Treat Blvd,
Concord, CA 94518, USA
11/23/2025
14:33
CPD Case 25-12132 - Assault with a
firearm/Domestic Violence/Suicide
2600 Block T Tokola Dr,
Concord, CA 94518, USA
11/23/2025
15:01
CPD Case 25-12132 - Assault with a
firearm/Domestic Violence/Suicide
2600 Block T Tokola Dr,
Concord, CA 94518, USA
11/24/2025
12:53
25-12163 - Missing Person 1200 Block Grove Way,
Concord, CA 94518, USA
12/1/2025
23:03
Overwatch for possible trespasser 2900 Block Concord Blvd, Concord, CA 94519, USA
12/12/2025
21:14
Fatal Collision - CPD Case 25-12755 1100 Block Meadow Ln, Concord, CA 94520, USA
12/16/2025
10:21
2512160091 Check for subject possibly
trespassing in a vacant property
3700 Concord Blvd, Concord,
CA 94519, USA

Concord Police Department Military Equipment Report for 2026 40 12/23/2025
22:35
Overwatch for domestic violence 2300 Block Erie Dr, Concord, CA 94519, USA
12/27/2025
23:50
Area check 800 Block Ridge Dr, Concord,
CA 94518, USA
12/28/2025
2:40
Overwatch for hit and run collision Monument Blvd and Mohr Ln, Concord, CA 94520, USA
12/28/2025
6:22
House Fire - 25-13244 2900 Block Ryan Rd, Concord,
CA 94518, USA
12/28/2025
23:45
Area check for suspicious person 4300 Block Clayton Rd, Concord, CA 94521, USA
12/31/2025
7:27
25-13338 provide overwatch 3800 Block Walnut Ave,
Concord, CA 94519, USA

Concord Police Department Military Equipment Report for 2026 41 Projected Equipment Acquisition and Replacement in 2026

Ammunition, projectiles, cartridges, batteries, and other expendable and maintenance supplies are ordered and replaced on an as needed basis throughout the year to maintain an adequate supply for training and actual deployment.

Ordered and Awaiting Receipt:

One (1) Skydio X10 Drone for portable, field use outside of DFR. This drone has already been purchased and will be used to begin phasing out obsolete drones from the program’s inception.

Planned Order:

Item Qty Cost
Skydio R10 Team Kit 2 $19,900
BCM M4 Rifles 10 $20,000

Conclusion
This Annual Military Equipment Report reaffirms the Concord Police Department’s commitment to providing transparency and information to our community and elected officials in addition to ensuring compliance with California State law. The equipment, resources, and training outlined in this report allow Concord Police Officers to better serve and protect our community, enhance the safety of officers, and bring critical incidents to a safe resolution.

Res. No. 26-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution to Accept the Concord Police
Department AB 481 2025 Military Equipment
Report, 2026 Military Equipment Inventory, And
Approve The Continued Use Of Existing Military
Equipment Policy
Resolution No. 26-XX
/
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481(“AB 481”), adding Chapter 12.8, “Funding, Acquisition and Use of Military Equipment,” to Division 7 of Title 1 of the Government Code (sections 7070-7075), relating to the use of equipment defined as military equipment under the statute by California law enforcement agencies; and WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, AB 481, inter alia, requires the Police Department submit to the City Council an annual military equipment report for each type of military equipment approved by the City Council; and
WHEREAS, the Police Department held a well-publicized and conveniently located community engagement meeting regarding the Police Department's Policy and use of military equipment, on April 1, 2026, pursuant to Cal. Government Code section 7072(b ); and WHEREAS, the City Council shall review Ordinance No. 22-6, the Policy 706 and the annual military equipment report prepared by the Police Department pursuant to Cal. Government Code section 7072 and determine by resolution whether to continue the Ordinance and Policy or to modify such Policy or initiate the repeal of the Ordinance; and WHEREAS, the City Council shall determine, based on the annual military equipment report and inventory submitted pursuant to Cal. Government Code section 7072, whether each type of Attachment 3

Res. No. 26-XX 2
military equipment identified in that report and inventory has complied with the standards for approval set forth in this Ordinance; and

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

Section 1. The above recitals are true and correct and are a substantial part of this resolution.

This item is exempt from California Environmental Quality Act (CEQA) as it does not constitute a "project" within the meaning of Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), and/or 15378 including subsections (b)(2) and (4). If this were determined to be a “project” for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). This determination reflects the City’s independent judgment and analysis.

Section 2. Accepts the Concord Police Department 2026 Military Equipment Report and 2025 Military Equipment Inventory, continuing to allow the retention, use, and purchase of the listed equipment to enhance public safety and safeguard the community.

Section 3. Approves the continued use of Policy 706 by the Concord Police Department under Ordinance No. 22-6.

Section 3. This resolution shall become effective immediately upon its passage and adoption. //
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Res. No. 26-XX 3
PASSED AND ADOPTED by the City Council of the City of Concord on April 28, 2026, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 26-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on April 28, 2026.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Staff Report
Date: April 28, 2026
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Kit P. Jory Sr., Public Works Manager
[email protected]
(925) 671-3385
Subject: Considering approval of three Maintenance Services Agreements, each for a term of up to seven years with the option for three one-year extensions, to provide landscape maintenance services on City medians, certain right-of-way areas, and small pocket parks citywide, at annual not-to- exceed amounts as follows:

1. EMTS, Inc., dba Elite Maintenance & Tree Service in the not-to-exceed amount of $289,868 per year, increasing by up to 5% per year, to provide services for Area 1;

2. Gachina Landscape Management, Inc., in the not-to-exceed amount of $105,751 per year, increasing by up to 5% per year, to provide for Area 2;

3. Medallion Landscape Management, LLC. in the not-to-
exceed amount of $100,269 per year, increasing by up to 5% per year, to provide services for Area 3; and

4. Authorizing the City Manager to execute the agreements in a form acceptable to the City Attorney. (Operating
Budget)
CEQA: Not a project/exempt pursuant to CEQA Guidelines
Sections 15060(c), 15061(b)(2), 15061(b)(3), 15378, 15301, 15302, 15304, and/or Public Resources Code Section 21065.

4.d4.d4.d4.d4.d4.d4.d

City Council Agenda Report
Agenda Item No. 4.d
April 28, 2026
Report in Brief
The Public Works Department has completed a formal, competitive bidding process to perform landscape maintenance services and recommends awarding three separate Maintenance Service Agreements to Elite Maintenance & Tree Service, Gachina Landscape Management Inc., and Medallion Landscape Management, LLC. These agreements continue the City’s use of professional landscape maintenance firms for the maintenance of street medians, right-of-way areas, and certain small parks. Service levels remain consistent with current service levels.

Recommended Action

1. Approve three Maintenance Services Agreements for landscape maintenance services for a term of up to seven years each, with the option of three one-year extensions, at annual not-to-exceed amounts as follows:
a. EMTS Inc., dba Elite Maintenance & Tree Service in the not-to-exceed amount of $289,868 per year, increasing by not more than 5% per year solely at the City’s discretion, to provide landscape maintenance services for Area 1; b. Gachina Landscape Management, Inc., in the not-to-exceed amount of $105,751 per year, increasing by not more than 5% per year solely at the City’s discretion, to provide landscape maintenance services for Area 2; c. Medallion Landscape Management, LLC in the not-to-exceed amount of $100,269 per year, increasing by not more than 5% per year solely at the City’s discretion, to provide landscape maintenance services for Area 3; d. Authorize the City Manager to execute the contracts in a form acceptable to the City Attorney; and
e. Make the CEQA determinations as provided in this staff report.

Background
Maintenance, repair and upgrade work for the City’s landscaped areas are accomplished through several means: City staff work, contracts for maintenance, contracts for repair work and competitively bid public works projects. The Department of Public Works maintains landscaping for over 770 acres of parks and open spaces, including 91 medians, and 875 curb miles of roadways throughout the City. The City has historically utilized third-party landscape maintenance service firms to maintain street medians, certain right-of-way areas, and small parks.

The Public Works Department has existing landscape maintenance agreements with professional landscaping firms to provide these types of services. The current agreement with the professional landscape maintenance firm, for which the services described in this Council action are performed, has been in place since 2018 and is set to expire on June 30, 2026. The areas of service for these contracts are included as Attachments to each service agreement along with the maps showing the City’s landscape maintenance areas.

City Council Agenda Report
Agenda Item No. 4.d
April 28, 2026
Analysis
The City’s existing contractor performs this work at a base price of 500,000 per year.

Through refinements to the existing scope of work staff was successful at obtaining highly competitive pricing of $495,888, or $4,112 less than the current base price. The proposed agreements are performance/outcome based, meaning that service frequencies (i.e., weekly, monthly, annual) are not prescribed to the contractor. Instead, clear standards are set for the health and appearance of landscapes, with penalties for non-conformance.

Staff reviewed the proposals from seven contractors and conducted reference checks on each one. Two of the proposed contractors were eliminated through reference checks and staff interviewed the remaining five proposers to review their proposals, to understand if they had minimum contract thresholds, and to get further information on their service capacity. During the interview process, Elite, Gachina, and Medallion all scored well, and staff has confidence in their ability to deliver a high level of service to our community. All three proposers are licensed, insured, and have highly qualified staff to safely perform these services.

The City-wide maintenance areas and contract amount that staff recommends be awarded to each contractor, based on lowest price per service line, are:

1. EMTS, Inc., dba Elite Maintenance & Tree Service in the not-to-exceed amount of $289,868 per year to provide landscape maintenance services for Area 1 defined in Attachment 2 as Street Median Sites – Zone 1, Zone 2, Zone 3, Bailey Road Pathway, and up to $60,000 in City-directed services for various maintenance services and repairs.

2. Gachina Landscape Management, Inc., in the not-to-exceed amount of $105,751 per year to provide landscape maintenance services for Area 2 defined in Attachment 4 as Bart Park, Rick Seers Park, Bayview Circle Park, Olivera Road Medians, Iron Horse Park, Parking Garage on Colfax, Parking Garage on Pacheco, Centre Concord, Kirkwood Pathway, PG7E Substation, Bio-swale on Galindo, Willow Pass sidewalk bump outs, Bio- swale at Civic Center, and up to $60,000 in City-directed services for various maintenance services and repairs.

3. Medallion Landscape Management, LLC in the not-to-exceed amount of $100,269 per year to provide landscape maintenance services for Area 3 defined in Attachment 6 as Lovell Court, Monument Corridor Trail, the Skate Park, Pine Hollow Drive, Stanford Street, Bio-swale on Monument, Concord Boulevard planter strips at Ramblas, Concord Boulevard planter strips at Alicante, Bio-swale at Hillcrest Park, Bio-swale at Todos Santos Plaza, and up to $60,000 in City-directed services for various maintenance services and repairs.

City Council Agenda Report
Agenda Item No. 4.d
April 28, 2026
Procurement Process
The City completed a competitive solicitation as required by City policy. Staff issued a public posting for Request for Proposals (RFP) on December 11, 2025, to identify a short-list of the most qualified contractors to provide these services. The RFP was advertised on the City’s procurement website, public purchasing, and was sent to several well-known contractors in this field. Proposals were submitted via the Public Purchase Portal on January 14, 2026, and the City received complete qualification packets, from five potential contractors. Three contractors were found to meet the minimum qualifications and were invited to interview with a panel of City staff. All three interviewed contractors were scored and ranked by Public Works staff based on criteria publicized in the RFP. Based on the rates received and ensuring the City receives the best value, staff proposes awarding the following Maintenance Service Agreements described above.

Financial Impact
No new additional funds are being requested. Adequate funds are budgeted within the City’s Operating Budget.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, and/or 15378, award of these contracts is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as they will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, award of these contracts is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, and/or 15304 – Minor Alterations to Land, as they involve landscaping maintenance. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Public Contact
The City Council Agenda was posted.

City Council Agenda Report
Agenda Item No. 4.d
April 28, 2026
Attachments

1. Maintenance Service Agreement for EMTS, Inc., dba Elite Maintenance & Tree Service with Exhibit A, Eite Maintenance & Tree Work Scope of Work and Maps

2. Maintenance Service Agreement for Gachina Landscape Management, Inc., with Exhibit A, Gachina Landscape Management Scope of Work and Maps

3. Maintenance Service Agreement for Medallion Landscape Management, LLC with Exhibit A, Medallion Landscape Management Scope of Work and Maps

MAINTENANCE SERVICES AGREEMENT
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THIS AGREEMENT (“Agreement”) is entered into on July 1, 2026, between the City of Concord, a California municipal corporation (“CITY”) and EMTS, Inc., dba Elite Maintenance & Tree Service, a Corporation, 365 Woodview Ave., Suite 700, Morgan Hill, CA 95037 (“CONTRACTOR”).

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

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

On April 28, 2026, the City Council granted authority for the City Manager to enter into this Agreement with CONTRACTOR.

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

1. TERM. This Agreement shall commence on July 1, 2026 and expire on June 30, 2033.

A. Extension of Term. Upon mutual written agreement by the parties, the term of this Agreement may be extended for three (3) additional period(s) of one (1) year(s) each commencing upon the expiration of the then current term, subject to the same terms and conditions of this Agreement. Either CITY or CONTRACTOR shall give written notice of its request for extension to the other party’s authorized representative, as identified in Section 4 below, at least thirty (30) days prior to expiration of the then-current term. The extension(s) shall be subject to CITY’s approval, including based on review of CONTRACTOR’s performance under this Agreement. Any extension must be pursuant to a duly executed Amendment to this Agreement.

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

3. PAYMENT.

Attachment 1

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A. Compensation. The compensation to be paid to CONTRACTOR including payment for services and reimbursable expenses, shall be at the rate and schedules described in detail in Exhibit A. However, in no event shall the amount CITY pays CONTRACTOR exceed two hundred eighty-nine thousand, nine hundred and twenty-eight dollars ($289,868) per fiscal year (“base contract amount”). At the CITY’s sole discretion, depending on the CITY’s evaluation (results-based performance), CITY may increase the base contract amount by an annual amount of up to 5% per year. Any such increase must be mutually agreed to in writing, and the increased contract amount shall become the “base contract amount” for the purpose of calculating future increases (if any). The City Council hereby grants the CITY’s Authorized Representative the authority to negotiate or deny such increases, and the authority to the City Manager to execute related amendments to this Agreement (including any associated Scope of Work changes), subject to City Attorney approval.

CONTRACTOR may submit monthly statements for services rendered; all statements will include adequate documentation demonstrating exact locations where work was performed during the billing period. It is intended that CITY review such statement and pay CONTRACTOR for services rendered within forty-five (45) days of receipt of a statement that meets all requirements of this Agreement. The CITY will not reimburse/pay invoices if the CONTRACTOR fails to notify the CITY of work plan and/or cannot, to the CITY’s satisfaction, demonstrate that the invoiced work was performed. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

B. Prevailing Wages. The services to be provided hereunder are subject to prevailing wage rate payment as set forth in California Labor Code Section 1771. Accordingly, CONTRACTOR shall comply with all California Labor Code requirements pertaining to "public works," including the payment of prevailing wages in connection with the services to be provided hereunder (collectively, “Prevailing Wage Policies”). CONTRACTOR shall submit, upon request by the CITY, certified copies of payroll records to CITY and shall maintain and make such records available to CITY for inspection and copying during regular business hours at a location within the City of Concord.

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CONTRACTOR shall defend, indemnify and hold harmless CITY and its officers, officials, agents, employees and volunteers (collectively, "Indemnitees") from and against any and all present and future liabilities, obligations, orders, claims, damages, fines, penalties and expenses (including attorneys' fees and costs) (collectively, "Claims"), arising out of or in any way connected with CONTRACTOR's obligation to comply with all laws with respect to the work of improvements or Prevailing Wage Policies, including all Claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code sections 1726 and 1781, as amended and added by Senate Bill 966.

CONTRACTOR hereby waives, releases and discharges forever the Indemnitees from any and all present and future Claims arising out of or in any way connected with CONTRACTOR's obligation to comply with all laws with respect to the work of improvements and Prevailing Wage Policies.

CONTRACTOR is aware of and familiar with the provisions of California Civil Code Section 1542 which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” As such relates to this Section 3.B, CONTRACTOR hereby waives and relinquishes all rights and benefits which it may have under California Civil Code Section 1542. The obligations of CONTRACTOR under this Section 3.B shall survive the termination of this Agreement.

4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONTRACTOR in all matters pertaining to the services to be ordered by CITY or rendered by CONTRACTOR under this Agreement except where approval for the CITY is specifically required by the CITY Council. The CITY’s authorized representative is Kit Jory, Director of the Department of Public Works. The CONTRACTOR’s authorized representative is Darin Sherlock, Vice President.

5. AMENDMENT TO AGREEMENT. This Agreement may be amended or modified only by a writing duly executed by authorized representatives of both parties, and made and approved in compliance with the CITY’s Municipal Code.

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A. Amendment to Scope of Services. If CITY requests services other than as described in the Scope of Services, the amendment shall set forth the changes to the Scope of Services, any change in the performance time schedule, and any change in the compensation described in Section 3, above.

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

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

Subject to Section 3.A. above, any additional compensation to CONTRACTOR that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.

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

6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONTRACTOR, its officers, agents, employees, consultants, subconsultants, experts, contractors and subcontractors are and shall at all times remain as to the CITY wholly independent contractors.

Neither the CITY nor any of its officers, officials, agents, employees or volunteers shall have any control over the manner by which CONTRACTOR performs this Agreement and shall only dictate the results of the performance. CONTRACTOR shall not represent that CONTRACTOR or its officers, agents, employees, consultants, subconsultants, experts, contractors or subcontractors are agents or employees of the CITY, and CONTRACTOR shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.

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As an independent contractor, CONTRACTOR shall not be eligible for any benefits, which the CITY may provide to its employees and all persons, if any, hired by CONTRACTOR shall be employees or subcontractors of CONTRACTOR and shall not be construed as employees or agents of the CITY in any respect. CONTRACTOR shall receive no premium or enhanced pay for work normally understood as overtime, e.g., hours that exceed forty (40) hours per work week, or work performed during non-standard business hours, such as in the evenings or on weekends.

CONTRACTOR shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONTRACTOR shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. CONTRACTOR shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by CONTRACTOR.

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

8. PERFORMANCE BY CONTRACTOR. CONTRACTOR shall not delegate its duties to, or employ, others (including consultants, subconsultants, experts, contractors, or subcontractors) without the prior written approval of the CITY. Notwithstanding the foregoing, CITY shall not be obligated or liable for payment hereunder to any party other than CONTRACTOR.

CONTRACTOR hereby designates CONTRACTOR’S representative as the person primarily responsible for the day-to-day performance of CONTRACTOR'S work under this Agreement.

CONTRACTOR shall not change CONTRACTOR’S representative without the prior written consent of the CITY. Unless otherwise expressly agreed by the CITY, CONTRACTOR'S representative shall

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remain responsible for the quality and timeliness of performance of the services, notwithstanding any permitted or approved delegation hereunder.

9. OWNERSHIP AND MAINTENANCE OF DOCUMENTS. “Work Materials” means any and all finished and unfinished plans, specifications, maps, estimates, manuscripts, drawings, descriptions, reports, other written, recorded, photographic, visual materials, documents, data, deliverables, and other work products prepared or furnished by or for CONTRACTOR pursuant to this Agreement. CONTRACTOR shall deliver copies of all Work Materials to CITY upon project completion or other termination of this Agreement (see Section 16 below). The CITY reserves the right to specify the file format that electronic Work Materials are presented to the CITY. CITY shall not have access to, control of, or actual or constructive possession of, the Work Materials prior to project completion or Agreement expiration or termination.

Work Materials are instruments of CONTRACTOR’s services in respect to this project, and are not intended nor are represented to be suitable for reuse by others except CITY on extensions of this project or on any other project. Any reuse without specific written verification and adoption by CONTRACTOR for the specific purposes intended will be at user’s sole risk and without liability or legal exposure and expenses to CONTRACTOR, including attorney’s fees arising out of such unauthorized reuse. Notwithstanding the foregoing, basic survey notes and sketches, charts, computations, and other data prepared or obtained under this Agreement shall have no restriction or limitations on their use.

CONTRACTOR shall not disclose or discuss any Work Materials or other information gathered, discussed or generated in any way through this Agreement without the written permission of CITY, unless required by law.

10. INDEMNIFICATION.

A. For Construction Services Only. CONTRACTOR agrees to and shall defend (with independent counsel approved by the CITY), indemnify and hold harmless the CITY, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s fees and other litigation expenses) that may at any time arise or be set up because of damages to property, or of personal injury received by

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reason of or in the course of performing work, which may be occasioned by any willful or negligent act or omission of the CONTRACTOR, any of the CONTRACTOR’s employees, or any subcontractor.

B. For All Other Services. The following obligations are in addition to those imposed by applicable provisions of the Concord Municipal Code. CONTRACTOR agrees to and shall defend (with independent counsel approved by the CITY), indemnify and hold harmless the CITY, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s fees and other litigation expenses) arising out of or connected in any way with CONTRACTOR’s performance, non- performance, breach, or default, or any subconsultant’s, expert’s, contractor’s, or subcontractor’s performance, non-performance, breach, or default, under the terms of this Agreement. This indemnification obligation on CONTRACTOR’S part shall not apply to demands, actions, losses, damages, injuries, and liability arising out of sole negligence or willful misconduct on the part of CITY. This Section 10 shall survive expiration or other termination of this Agreement.

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

12. TIME OF PERFORMANCE. The time of performance of the services under this Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed. CONTRACTOR will provide CITY with annual work plan and notify the CITY of exact locations for planned work one (1) week in advance.

13. SUSPENSION OF WORK. CITY may, at any time, by written notice, suspend further performance by CONTRACTOR, and CONTRACTOR shall immediately cease performance.

All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and

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CONTRACTOR shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONTRACTOR shall not receive any payment for services, or expenses.

14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate this Agreement upon five (5) days written notice if CONTRACTOR breaches this Agreement. In the event of any termination, CONTRACTOR shall promptly deliver to the CITY any and all Work Materials prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONTRACTOR for the services which the CITY determines were satisfactorily performed as of the effective date of the termination.

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

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

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

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

16. CONFLICT OF INTEREST.

A. CONTRACTOR covenants and represents that neither it, nor any officer or

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principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONTRACTOR’s performance of services under this Agreement. CONTRACTOR further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the CITY.

CONTRACTOR agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.

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

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

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

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

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20. ENFORCEABILITY; INTERPRETATION. In the event that any of the provisions or portions of application of any of the provisions of this Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONTRACTOR shall negotiate an equitable adjustment in the provisions of this Agreement with a view toward affecting the purpose of this Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of this Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of this Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted. The words “include” and “including” shall be interpreted as though followed by the words “without limitation.”

21. INTEGRATION. The recitals and any exhibits attached to this Agreement are incorporated by reference as though fully restated herein. This Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between CONTRACTOR and CITY, whether oral or written. In the event of any conflict or other inconsistency between the provisions of this Agreement (disregarding any exhibits) on the one hand, and any exhibits hereto (including any Request for Bids, Request for Proposal, or similar documents, responses to the same, terms and conditions, sample agreements, sample purchase orders, or other attachments thereto) or any purchase order issued in connection with this Agreement, on the other hand, the provisions of this Agreement (disregarding any exhibits) shall control.

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

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

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

24. NOTICES. All notices required hereunder shall be in writing and mailed postage prepaid by certified or registered first class United States mail, postage prepaid, return receipt requested, or by personal delivery to the CITY’s address as shown below, or such other places as CITY or CONTRACTOR may, from time to time, respectively, designate in a written notice given to the other. Notices shall be deemed effectively served upon deposit in the United States Mail, or upon personal delivery.

To CITY: Kit Jory,
Public Works Director
City of Concord
1455 Gasoline Alley
Concord, CA 94520
Telephone: (925) 671-3385
Email: [email protected]
To CONTRACTOR: Darin Sherlock,
Vice President
EMTS, Inc. dba Elite Maintenance & Tree Service
365 Woodview Ave., Ste. 700
Morgan Hill, CA 95037
Telephone: (949) 614-9148
Email: [email protected]

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

26. EXECUTION; COUNTERPARTS. Each individual or entity executing this Agreement on behalf of CONTRACTOR represents and warrants that he or she or it is duly

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authorized to execute and deliver this Agreement on behalf of CONTRACTOR and that such execution is binding upon CONTRACTOR. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
[Signatures follow on next page]

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

CONTRACTOR: CITY:

EMTS, Inc., dba Elite Maintenance & Tree Service City of Concord, a Corporation a California municipal corporation
By:_________________________________ By:______________________________ Name: Darin Sherlock Name: Valerie J. Barone
Title: Vice President Title City Manager
Address: 365 Woodview Ave., Ste. 700 Address: 1950 Parkside Drive Morgan Hill, CA 95037 Concord, CA 94519
Telephone: (949)-614-9148 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

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

Concord, California
Date:________________

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2026-2027 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $289,868. Account Code 100-5710-1Z01-63800-400 $189,868; 264-5710-1Z01-63800- 400 $35,000; 210-5720-1Z01-63800-400 $35,000; 100-5700-1Z01-63800-400 $30,000.

Finance Director's Signature

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

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

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

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

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

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

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

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

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

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

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

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

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

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

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

RFP: PW20251211
Area EMTS Gachina Medallion
Street Median Sites - Zone 1 60,365$ 107,825$ 145,488$ Bart Park 60,365$ 6,098$ 10,392$
Lovell Court 5,390$ 8,538$ 2,598$
Monument Corridor Trail 43,118$ 20,826$ 10,392$
Rick Seers Park 11,858$ 6,294$ 6,495$
Skate Park 8,624$ 8,073$ 6,495$
Street Median Sites - Zone 2 104,437$ 153,938$ 160,560$ Bayview Circle Park 25,065$ 1,536$ 6,495$
Olivera Road Medians 25,065$ 608$ 3,897$
Iron Horse Park 12,533$ 1,830$ 6,495$
Parking Garage Colfax 50,130$ 2,442$ 3,897$
Parking Garage Pacheco 50,130$ 1,462$ 6,495$
Street Median Sites - Zone 3 51,199$ 64,395$ 83,136$
Bailey Road Pathway 13,866$ 52,071$ 25,980$
Centre Concord 11,733$ 1,568$ 7,794$
Kirkwood Pathway 22,400$ 20,288$ 20,784$
PG&E Substation 8,533$ 284$ 3,897$
Pine Hollow Dr 51,199$ 46,086$ 5,196$
Stanford Street 28,799$ 3,184$ 2,598$
Bio-Swale - Monument 5,241$ 21,690$ 2,598$
Bio-Swale - Galindo 5,241$ 830$ 2,598$
Willow Pass Bump Outs 5,241$ 1,342$ 2,598$
Concord Blvd Planters Ramblas 14,674$ 5,821$ 2,598$
Concord Blvd Planters Alicante 14,674$ 5,526$ 2,598$
Bio-Swale - Hillcrest 6,289$ 4,090$ 2,598$
Bio-Swale - Todos Santos 7,337$ 4,202$ 2,598$
Bio-Swale - Civic Center 8,385$ 1,170$ 2,598$
Mulch Installation 120$ 110$ 110$
Irrigations Repairs 95$ 113$ 95$
Landscaping Per Hour 70$ 95$ 60$
Markup for materials 0$ 0$ 0$
Custom Services Work 60,000$ 60,000$ 60,000$
Total Highlighted Areas: 289,868$ 105,751$ 100,269$
EMTS Gachina Medallion
$289,868 $105,751 $100,269
Total
$495,888
Exhibit A to
Attachment 1

MAINTENANCE SERVICES AGREEMENT
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THIS AGREEMENT (“Agreement”) is entered into on July 1, 2026, between the City of Concord, a California municipal corporation (“CITY”) and Gachina Landscape Management, Inc., a Corporation, 1130 O’Brien Drive, Menlo Park, CA 94025 (“CONTRACTOR”).

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

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

On April 28, 2026, the City Council granted authority for the City Manager to enter into this Agreement with CONTRACTOR.

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

1. TERM. This Agreement shall commence on July 1, 2026 and expire on June 30, 2033.

A. Extension of Term. Upon mutual written agreement by the parties, the term of this Agreement may be extended for three (3) additional period(s) of one (1) year(s) each commencing upon the expiration of the then current term, subject to the same terms and conditions of this Agreement. Either CITY or CONTRACTOR shall give written notice of its request for extension to the other party’s authorized representative, as identified in Section 4 below, at least thirty (30) days prior to expiration of the then-current term. The extension(s) shall be subject to CITY’s approval, including based on review of CONTRACTOR’s performance under this Agreement. Any extension must be pursuant to a duly executed Amendment to this Agreement.

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

3. PAYMENT.

A. Compensation. The compensation to be paid to CONTRACTOR including payment for services and reimbursable expenses, shall be at the rate and schedules described in detail

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in Exhibit A. However, in no event shall the amount CITY pays CONTRACTOR exceed one hundred and five thousand, seven hundred and fifty two dollars ($105,751) per fiscal year (“base contract amount”). At the CITY’s sole discretion, depending on the CITY’s evaluation (results-based performance), CITY may increase the base contract amount by an annual amount of up to 5% per year. Any such increase must be mutually agreed to in writing, and the increased contract amount shall become the “base contract amount” for the purpose of calculating future increases (if any). The City Council hereby grants the CITY’s Authorized Representative the authority to negotiate or deny such increases, and the authority to the City Manager to execute related amendments to this Agreement (including any associated Scope of Work changes), subject to City Attorney approval.

CONTRACTOR may submit monthly statements for services rendered; all statements will include adequate documentation demonstrating exact locations where work was performed during the billing period. It is intended that CITY review such statement and pay CONTRACTOR for services rendered within forty-five (45) days of receipt of a statement that meets all requirements of this Agreement. The CITY will not reimburse/pay invoices if the CONTRACTOR fails to notify the CITY of work plan and /or cannot, to the CITY’s satisfaction, demonstrate that the invoiced work was performed. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

B. Prevailing Wages. The services to be provided hereunder are subject to prevailing wage rate payment as set forth in California Labor Code Section 1771. Accordingly, CONTRACTOR shall comply with all California Labor Code requirements pertaining to "public works," including the payment of prevailing wages in connection with the services to be provided hereunder (collectively, “Prevailing Wage Policies”). CONTRACTOR shall submit, upon request by the CITY, certified copies of payroll records to CITY and shall maintain and make such records available to CITY for inspection and copying during regular business hours at a location within the City of Concord.

CONTRACTOR shall defend, indemnify and hold harmless CITY and its officers, officials, agents, employees and volunteers (collectively, "Indemnitees") from and against any and all present and future liabilities, obligations, orders, claims, damages, fines, penalties and expenses (including

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attorneys' fees and costs) (collectively, "Claims"), arising out of or in any way connected with CONTRACTOR's obligation to comply with all laws with respect to the work of improvements or Prevailing Wage Policies, including all Claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code sections 1726 and 1781, as amended and added by Senate Bill 966.

CONTRACTOR hereby waives, releases and discharges forever the Indemnitees from any and all present and future Claims arising out of or in any way connected with CONTRACTOR's obligation to comply with all laws with respect to the work of improvements and Prevailing Wage Policies.

CONTRACTOR is aware of and familiar with the provisions of California Civil Code Section 1542 which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” As such relates to this Section 3.B, CONTRACTOR hereby waives and relinquishes all rights and benefits which it may have under California Civil Code Section 1542. The obligations of CONTRACTOR under this Section 3.B shall survive the termination of this Agreement.

4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONTRACTOR in all matters pertaining to the services to be ordered by CITY or rendered by CONTRACTOR under this Agreement except where approval for the CITY is specifically required by the CITY Council. The CITY’s authorized representative is Kit Jory, Director of the Department of Public Works. The CONTRACTOR’s authorized representative is H. Jacklyn Ishimaru-Gachina, President.

5. AMENDMENT TO AGREEMENT. This Agreement may be amended or modified only by a writing duly executed by authorized representatives of both parties, and made and approved in compliance with the CITY’s Municipal Code.

A. Amendment to Scope of Services. If CITY requests services other than as described in the Scope of Services, the amendment shall set forth the changes to the Scope of

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Services, any change in the performance time schedule, and any change in the compensation described in Section 3, above.

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

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

Subject to Section 3.A. above, any additional compensation to CONTRACTOR that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.

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

6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONTRACTOR, its officers, agents, employees, consultants, subconsultants, experts, contractors and subcontractors are and shall at all times remain as to the CITY wholly independent contractors.

Neither the CITY nor any of its officers, officials, agents, employees or volunteers shall have any control over the manner by which CONTRACTOR performs this Agreement and shall only dictate the results of the performance. CONTRACTOR shall not represent that CONTRACTOR or its officers, agents, employees, consultants, subconsultants, experts, contractors or subcontractors are agents or employees of the CITY, and CONTRACTOR shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.

As an independent contractor, CONTRACTOR shall not be eligible for any benefits, which the CITY may provide to its employees and all persons, if any, hired by CONTRACTOR shall be

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employees or subcontractors of CONTRACTOR and shall not be construed as employees or agents of the CITY in any respect. CONTRACTOR shall receive no premium or enhanced pay for work normally understood as overtime, e.g., hours that exceed forty (40) hours per work week, or work performed during non-standard business hours, such as in the evenings or on weekends.

CONTRACTOR shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONTRACTOR shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. CONTRACTOR shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by CONTRACTOR.

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

8. PERFORMANCE BY CONTRACTOR. CONTRACTOR shall not delegate its duties to, or employ, others (including consultants, subconsultants, experts, contractors, or subcontractors) without the prior written approval of the CITY. Notwithstanding the foregoing, CITY shall not be obligated or liable for payment hereunder to any party other than CONTRACTOR.

CONTRACTOR hereby designates CONTRACTOR’S representative as the person primarily responsible for the day-to-day performance of CONTRACTOR'S work under this Agreement.

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

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9. OWNERSHIP AND MAINTENANCE OF DOCUMENTS. “Work Materials” means any and all finished and unfinished plans, specifications, maps, estimates, manuscripts, drawings, descriptions, reports, other written, recorded, photographic, visual materials, documents, data, deliverables, and other work products prepared or furnished by or for CONTRACTOR pursuant to this Agreement. CONTRACTOR shall deliver copies of all Work Materials to CITY upon project completion or other termination of this Agreement (see Section 16 below). The CITY reserves the right to specify the file format that electronic Work Materials are presented to the CITY. CITY shall not have access to, control of, or actual or constructive possession of, the Work Materials prior to project completion or Agreement expiration or termination.

Work Materials are instruments of CONTRACTOR’s services in respect to this project, and are not intended nor are represented to be suitable for reuse by others except CITY on extensions of this project or on any other project. Any reuse without specific written verification and adoption by CONTRACTOR for the specific purposes intended will be at user’s sole risk and without liability or legal exposure and expenses to CONTRACTOR, including attorney’s fees arising out of such unauthorized reuse. Notwithstanding the foregoing, basic survey notes and sketches, charts, computations, and other data prepared or obtained under this Agreement shall have no restriction or limitations on their use.

CONTRACTOR shall not disclose or discuss any Work Materials or other information gathered, discussed or generated in any way through this Agreement without the written permission of CITY, unless required by law.

10. INDEMNIFICATION.

A. For Construction Services Only. CONTRACTOR agrees to and shall defend (with independent counsel approved by the CITY), indemnify and hold harmless the CITY, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s fees and other litigation expenses) that may at any time arise or be set up because of damages to property, or of personal injury received by reason of or in the course of performing work, which may be occasioned by any willful or negligent act or omission of the CONTRACTOR, any of the CONTRACTOR’s employees, or any subcontractor.

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B. For All Other Services. The following obligations are in addition to those imposed by applicable provisions of the Concord Municipal Code. CONTRACTOR agrees to and shall defend (with independent counsel approved by the CITY), indemnify and hold harmless the CITY, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s fees and other litigation expenses) arising out of or connected in any way with CONTRACTOR’s performance, non- performance, breach, or default, or any subconsultant’s, expert’s, contractor’s, or subcontractor’s performance, non-performance, breach, or default, under the terms of this Agreement. This indemnification obligation on CONTRACTOR’S part shall not apply to demands, actions, losses, damages, injuries, and liability arising out of sole negligence or willful misconduct on the part of CITY. This Section 10 shall survive expiration or other termination of this Agreement.

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

12. TIME OF PERFORMANCE. The time of performance of the services under this Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed. CONTRACTOR will provide CITY with annual work plan and notify the CITY of exact locations for planned work one (1) week in advance.

13. SUSPENSION OF WORK. CITY may, at any time, by written notice, suspend further performance by CONTRACTOR, and CONTRACTOR shall immediately cease performance.

All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONTRACTOR shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONTRACTOR shall not receive any payment for

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services, or expenses.

14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate this Agreement upon five (5) days written notice if CONTRACTOR breaches this Agreement. In the event of any termination, CONTRACTOR shall promptly deliver to the CITY any and all Work Materials prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONTRACTOR for the services which the CITY determines were satisfactorily performed as of the effective date of the termination.

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

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

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

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

16. CONFLICT OF INTEREST.

A. CONTRACTOR covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONTRACTOR’s

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performance of services under this Agreement. CONTRACTOR further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the CITY.

CONTRACTOR agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.

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

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

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

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

20. ENFORCEABILITY; INTERPRETATION. In the event that any of the provisions or portions of application of any of the provisions of this Agreement are held to be illegal or invalid

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by a court of competent jurisdiction, CITY and CONTRACTOR shall negotiate an equitable adjustment in the provisions of this Agreement with a view toward affecting the purpose of this Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of this Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of this Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted. The words “include” and “including” shall be interpreted as though followed by the words “without limitation.”

21. INTEGRATION. The recitals and any exhibits attached to this Agreement are incorporated by reference as though fully restated herein. This Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between CONTRACTOR and CITY, whether oral or written. In the event of any conflict or other inconsistency between the provisions of this Agreement (disregarding any exhibits) on the one hand, and any exhibits hereto (including any Request for Bids, Request for Proposal, or similar documents, responses to the same, terms and conditions, sample agreements, sample purchase orders, or other attachments thereto) or any purchase order issued in connection with this Agreement, on the other hand, the provisions of this Agreement (disregarding any exhibits) shall control.

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

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not have any power to bind or commit the CITY to any decision.

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

24. NOTICES. All notices required hereunder shall be in writing and mailed postage prepaid by certified or registered first class United States mail, postage prepaid, return receipt requested, or by personal delivery to the CITY’s address as shown below, or such other places as CITY or CONTRACTOR may, from time to time, respectively, designate in a written notice given to the other. Notices shall be deemed effectively served upon deposit in the United States Mail, or upon personal delivery.

To CITY: Kit Jory,
Public Works Director
City of Concord
1455 Gasoline Alley
Concord, CA 94520
Telephone: (925) 671-3385
Email: [email protected]
To CONTRACTOR: H. Jacklyn Ishimaru-Gachina,
President
Gachina Landscape Management, Inc.
1130 O’Brien Drive
Menlo Park, CA 94025
Telephone: (650) 853-0400
Email: [email protected]

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

26. EXECUTION; COUNTERPARTS. Each individual or entity executing this Agreement on behalf of CONTRACTOR represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of CONTRACTOR and that such execution is binding upon CONTRACTOR. This Agreement may be executed in several

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counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
[Signatures follow on next page]

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

CONTRACTOR: CITY:

Gachina Landscape Management, Inc. City of Concord,
a Corporation a California municipal corporation
By:_________________________________ By:______________________________ Name: H. Jacklyn Ishimaru-Gachina Name: Valerie J. Barone Title: President Title City Manager
Address: 1130 O’Brien Drive Address: 1950 Parkside Drive Menlo Park, CA 94025 Concord, CA 94519
Telephone: (650)-853-0400 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

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

Concord, California
Date:________________

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2026-2027 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $105,751. Account Code 100-5710-1Z01-63800-400 $10,132; 264-5710-1Z01-63800- 400 $30,000; 210-5720-1Z01-63800-400 $15,619; 100-5700-1Z01-63800-400 $15,000; 212-5720- 1Z01-63800-400 $5,000; 211-5720-1Z01-63800-400 $30,000.

Finance Director's Signature

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

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

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

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

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

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

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

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

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

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

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

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

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

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

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

RFP: PW20251211
Area EMTS Gachina Medallion
Street Median Sites - Zone 1 60,365$ 107,825$ 145,488$ Bart Park 60,365$ 6,098$ 10,392$
Lovell Court 5,390$ 8,538$ 2,598$
Monument Corridor Trail 43,118$ 20,826$ 10,392$
Rick Seers Park 11,858$ 6,294$ 6,495$
Skate Park 8,624$ 8,073$ 6,495$
Street Median Sites - Zone 2 104,437$ 153,938$ 160,560$ Bayview Circle Park 25,065$ 1,536$ 6,495$
Olivera Road Medians 25,065$ 608$ 3,897$
Iron Horse Park 12,533$ 1,830$ 6,495$
Parking Garage Colfax 50,130$ 2,442$ 3,897$
Parking Garage Pacheco 50,130$ 1,462$ 6,495$
Street Median Sites - Zone 3 51,199$ 64,395$ 83,136$
Bailey Road Pathway 13,866$ 52,071$ 25,980$
Centre Concord 11,733$ 1,568$ 7,794$
Kirkwood Pathway 22,400$ 20,288$ 20,784$
PG&E Substation 8,533$ 284$ 3,897$
Pine Hollow Dr 51,199$ 46,086$ 5,196$
Stanford Street 28,799$ 3,184$ 2,598$
Bio-Swale - Monument 5,241$ 21,690$ 2,598$
Bio-Swale - Galindo 5,241$ 830$ 2,598$
Willow Pass Bump Outs 5,241$ 1,342$ 2,598$
Concord Blvd Planters Ramblas 14,674$ 5,821$ 2,598$
Concord Blvd Planters Alicante 14,674$ 5,526$ 2,598$
Bio-Swale - Hillcrest 6,289$ 4,090$ 2,598$
Bio-Swale - Todos Santos 7,337$ 4,202$ 2,598$
Bio-Swale - Civic Center 8,385$ 1,170$ 2,598$
Mulch Installation 120$ 110$ 110$
Irrigations Repairs 95$ 113$ 95$
Landscaping Per Hour 70$ 95$ 60$
Markup for materials 0$ 0$ 0$
Custom Services Work 60,000$ 60,000$ 60,000$
Total Highlighted Areas: 289,868$ 105,751$ 100,269$
EMTS Gachina Medallion
$289,868 $105,751 $100,269
Total
$495,888
Exhibit A to Attachment 2

MAINTENANCE SERVICES AGREEMENT
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THIS AGREEMENT (“Agreement”) is entered into on July 1, 2026, between the City of Concord, a California municipal corporation (“CITY”) and Medallion Landscape Management, LLC, a limited liability company, 10 San Bruno Avenue, Morgan Hill, CA 95037 (“CONTRACTOR”).

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

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

On April 28, 2026, the City Council granted authority for the City Manager to enter into this Agreement with CONTRACTOR.

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

1. TERM. This Agreement shall commence on July 1, 2026 and expire on June 30, 2033.

A. Extension of Term. Upon mutual written agreement by the parties, the term of this Agreement may be extended for three (3) additional period(s) of one (1) year(s) each commencing upon the expiration of the then current term, subject to the same terms and conditions of this Agreement. Either CITY or CONTRACTOR shall give written notice of its request for extension to the other party’s authorized representative, as identified in Section 4 below, at least thirty (30) days prior to expiration of the then-current term. The extension(s) shall be subject to CITY’s approval, including based on review of CONTRACTOR’s performance under this Agreement. Any extension must be pursuant to a duly executed Amendment to this Agreement.

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

3. PAYMENT.

A. Compensation. The compensation to be paid to CONTRACTOR including payment for services and reimbursable expenses, shall be at the rate and schedules described in detail Attachment 3

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in Exhibit A. However, in no event shall the amount CITY pays CONTRACTOR exceed one hundred thousand, two hundred and sixty dollars ($100,269) per fiscal year (“base contract amount”).

At the CITY’s sole discretion, depending on the CITY’s evaluation (results-based performance), CITY may increase the base contract amount by an annual amount of up to 5% per year. Any such increase must be mutually agreed to in writing, and the increased contract amount shall become the “base contract amount” for the purpose of calculating future increases (if any). The City Council hereby grants the CITY’s Authorized Representative the authority to negotiate or deny such increases, and the authority to the City Manager to execute related amendments to this Agreement (including any associated Scope of Work changes), subject to City Attorney approval.

CONTRACTOR may submit monthly statements for services rendered; all statements will include adequate documentation demonstrating exact locations where work was performed during the billing period. It is intended that CITY review such statement and pay CONTRACTOR for services rendered within forty-five (45) days of receipt of a statement that meets all requirements of this Agreement. The CITY will not reimburse/pay invoices if the CONTRACTOR fails to notify the CITY of work plan and/or cannot, to the CITY’s satisfaction, demonstrate that the invoiced work was performed. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

B. Prevailing Wages. The services to be provided hereunder are subject to prevailing wage rate payment as set forth in California Labor Code Section 1771. Accordingly, CONTRACTOR shall comply with all California Labor Code requirements pertaining to "public works," including the payment of prevailing wages in connection with the services to be provided hereunder (collectively, “Prevailing Wage Policies”). CONTRACTOR shall submit, upon request by the CITY, certified copies of payroll records to CITY and shall maintain and make such records available to CITY for inspection and copying during regular business hours at a location within the City of Concord.

CONTRACTOR shall defend, indemnify and hold harmless CITY and its officers, officials, agents, employees and volunteers (collectively, "Indemnitees") from and against any and all present and future liabilities, obligations, orders, claims, damages, fines, penalties and expenses (including