Union City City Council
June 23, 2026

WHEREAS, staff has requested a cost proposal from Bay Cities Paving & Grading, Inc. (see attached Exhibit A) and the HOA was invoiced for the amount and submitted a check in the same amount (Exhibit B).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby accepts a donation, in the amount of $34,895, from Ponderosa Landing 2 Homeowner Association (HOA) for the construction of cobblestone medians west of Union City Boulevard at the intersections of both Regents Boulevard and Alvarado Boulevard; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby increases the revenue projections in the SB 1 Road Maintenance & Rehabilitation Fund by $34,895; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby appropriates the $34,895 to the SB 1 Road Maintenance & Rehabilitation Fund, for the Union City Boulevard Bike Lanes Project, City Project No. 17-29.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on June 23, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:

1. Exhibit A – Cost Proposal

2. Exhibit B – Check from Ponderosa Landing 2 HOA
196 of 414
City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587

INVOICE
INVOICE # 100
DATE: APRIL 23, 2026
TO:

Douglas Abbott
Pondersosa HOA 2
Union City, CA 94587
COMMENTS OR SPECIAL INSTRUCTIONS:

Add cobble blanket at two intersections

QUANTITY DESCRIPTION UNIT PRICE TOTAL
1 Foreman 40 hrs x
$94.36/hr $3,774.40
1 Operator 48 hrs x
$112.04/hr $5,377.92
3 Labor 40 hrs x
$85.78/hr $10,293.60
1 Equipment (see attached) $8,967.36
1 Material (see attached) $1,084.80

TOTAL DUE $34,895.09
Make all checks payable to City of Union City
If you have any questions concerning this invoice, contact Tommy Cho, Principal Engineer, at [email protected] or 510-675-5305.

THANK YOU FOR YOUR BUSINESS!
197 of 414
198 of 414
199 of 414
200 of 414
201 of 414
202 of 414
UCB Summary of Quantities for Cobble Stone at UCB/Regents and Alvarado Location SF Excavation CY AB CY Mortar CY
UCB/ Regents 158 3.5 1.5 2
UCB/ Alvarado 173 3.8 1.6 2.2
203 of 414
204 of 414
City Council Staff Report Page 1 of 2 June 23, 2026
Staff Report
Agenda Item No. 4.14
DATE: June 23, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Waive Further Reading and Adopt an Ordinance of the City Council of the City of Union City Approving and Re-adopting a Military Equipment Use Policy as Stated in Chapter 2.62, “Military Equipment Use Policy” of the Union City Municipal Code in Compliance with Assembly Bill 481

EXECUTIVE SUMMARY
On June 9, 2026, the City Council unanimously voted to introduce an Ordinance approving and re-adopting a military equipment use policy and approve the 2025 Annual Military Equipment report. Staff now recommends that the City Council waive further reading and adopt the ordinance in compliance with AB 481.

STRATEGIC PLAN ALIGNMENT
Strategic Plan Alignment: Goal C: Economic, Community Development and Public Safety Strategy 13: Align public safety services with community needs

BACKGROUND
Effective January 1, 2022, Assembly Bill 481 (AB 481) was enacted and can be referenced in Government Code (GC) section 7070 through 7075. AB 481 requires the City of Union City Police Department (UCPD) to obtain annual City Council approval of a military equipment use policy by Ordinance before purchasing, raising funds for, acquiring, or using "military equipment" as defined in Government Code §7070(c).

Under AB 481, the City Council must annually review a Military Equipment Annual Use Report and a proposed Military Equipment Use Policy during a City Council meeting and may only re-approve the policy if it makes specific findings regarding the equipment, including safeguards, cost-effectiveness, reasonableness of use, and fiscal impact.

In compliance with AB 481, UCPD submitted its previously approved Military Equipment Use Policy 709 (Policy) and Annual Use Report to City Council and released these items to the community via its webpage at least thirty (30) days before City Council considered 205 of 414
Agenda Item No. 4.14
City Council Staff Report Page 2 of 2 June 23, 2026
the agenda item, in compliance with Government Code §7071(b).

A public community meeting was held on June 9, 2026, within thirty (30) days of release of the Annual Use Report in compliance with Government Code §7072(b).

DISCUSSION
On June 9, 2026, the City Council voted unanimously to introduce by title only an Ordinance to approve and re-adopt a Military Equipment Use Policy as stated in Chapter

2.62, “Military Equipment Use Policy” of the Union City Municipal Code. This ordinance confirms City Council’s approval of the proposed Policy establishing procedures associated with the continued and future use of military equipment by the Union City Police Department and making the required findings regarding the equipment, including safeguards, cost-effectiveness, reasonableness of use, and fiscal impact based upon approval of the 2025 annual military equipment report.

Should the City Council choose to waive the further reading and adopt the ordinance approving and re-adopting the Military Equipment Use Policy, the ordinance would be effective thirty days from the second reading.

FISCAL IMPACT
There is no impact to the General Fund. Ongoing compliance with the provisions of AB 481 will be managed by existing staff through the adopted budget.

RECOMMENDATION
Staff recommends the City Council waive further reading and adopt an Ordinance approving and re-adopting a Military Equipment Use policy as stated in Chapter 2.62, “Military Equipment Use Policy” of the Union City Municipal Code in compliance with AB 481.

Prepared by: Brian Baumgartner, Police Captain
Submitted by: Jared Rinetti, Police Chief
Attachments

1. Proposed Ordinance

2. Exhibit A - Military Equipment Policy 709
206 of 414

ORDINANCE NO. 2026-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY

APPROVING AND RE-ADOPTING A MILITARY EQUIPMENT USE
POLICY AS STATED IN CHAPTER 2.62 “MILITARY EQUIPMENT USE POLICY” OF THE UNION CITY MUNICIPAL CODE IN COMPLIANCE
WITH ASSEMBLY BILL 481
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 relating to the use of military equipment by California law enforcement agencies; and
WHEREAS, Assembly Bill 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 by law enforcement agencies; and WHEREAS, Assembly Bill 481, codified at California Government Code section 7070, et. seq., requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term “military equipment” is defined in California Government Code section 7070(c); and
WHEREAS, the policy must be a document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the police department’s use of such equipment; and WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the military equipment use policy for continued or future funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations specified in Government Code section 7071(d); and
WHEREAS, on June 14, 2022, the City Council adopted Ordinance 899-22 approving and adopting a military equipment use policy identified as Union City Police Department Policy 709, having received the information required under Assembly Bill 481 regarding the Union City Police Department’s use of military equipment as defined in said law and upon a finding of the specified determinations required under Government Code Section 7071(d); and
WHEREAS, Government Code section 7072 provides that a law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use; and WHEREAS, the law enforcement agency shall also make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use; and
207 of 414
Ordinance No. 2026-XXX
Military Equipment Use Policy

WHEREAS, the annual military report shall include the following information for the immediately preceding calendar year for each type of military equipment:
a. A summary of how the military equipment was used and the purpose of its use; b. A summary of any complaints or concerns received concerning the military equipment;
c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response; d. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report;
e. The quantity possessed for each type of military equipment; f. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment; and WHEREAS, Government Code section 7071(d) provides the governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the following standards for approval:
a. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; b. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties;
c. If purchasing the equipment, the equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety;
d. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and
WHEREAS, if the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth above, the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance; and WHEREAS, the governing body shall review any ordinance that it has adopted approving the funding, acquisition, or use of military equipment at least annually and vote on whether to renew the ordinance at a regular meeting held pursuant to open meeting laws; and
WHEREAS, the Union City Police Department’s annual military equipment report and policy was posted on the department’s internet website on May 28, 2026, and no more than thirty (30) days prior to the well-publicized public meeting concerning the renewal of the military equipment on June 9, 2026 at the regular City Council meeting, at issue in compliance with Government Code Section 7072 (b); and 208 of 414
Ordinance No. 2026-XXX
Military Equipment Use Policy

WHEREAS, the Union City Police Department seeks renewal of Policy 709, presented to the City Council on June 9, 2026; and
WHEREAS, the City Council of the City of Union City, having received the information required under Assembly Bill 481 regarding the Union City Police Department’s renewed use of military equipment as defined in said law, and makes the specified determinations required under Government Code Section 7070, et. seq., deems it to be in the best interest of the City to approve and renew the Union City Police Department’s Military Equipment Funding, Acquisition and Use Policy as set forth in the policy identified as Union City Police Department Policy 709.

THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals.

The above recitals are true and correct and made a part of this Ordinance.

SECTION 2. Determinations.

Based on the findings above, in addition to information provided to the City Council at the public meeting, the City Council determines as follows:

1. The military equipment identified in the annual military equipment report has complied with the standards for approval as set forth in Government Code section 7071 subdivision (d).

2. The Union City Police Department’s Military Equipment Use Policy is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

3. The Union City Police Department’s Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

4. The military equipment identified in the Union City Police Department’s Military Equipment Use Policy is reasonably cost-effective compared to available alternatives that can achieve the same objectives of officer and civilian safety.

5. Prior military equipment use by the Union City Police Department complied with the Military Equipment Use Policy although it was not yet in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

6. The Union City Police Department’s Military Equipment Use Policy, Policy 709, setting forth the City’s military equipment use policy is approved and renewed.

SECTION 3. Severability.

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
209 of 414
Ordinance No. 2026-XXX
Military Equipment Use Policy

SECTION 4. CEQA.

Approval of the ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions that do not authorize any new activity, it is certain that the ordinance will not have a significant effect on the environment.

SECTION 5. Publication and Effective Date.

Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

INTRODUCED by the City Council of Union City at a regular meeting held on June 9, 2026, and PASSED, APPROVED, AND ADOPTED at a regular meeting held on June 23, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:
1) Exhibit A - Military Equipment Policy 709
210 of 414
211 of 414
212 of 414
213 of 414
214 of 414
City Council Staff Report Page 1 of 2 June 23, 2026
Staff Report
Agenda Item No. 4.15
DATE: June 23, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Kris Kokotaylo, City Attorney
SUBJECT: Waive Further Reading and Adopt an Ordinance Amending Chapter

2.06 “Campaign Contribution Limitations in Municipal Elections” of the Union City Municipal Code

EXECUTIVE SUMMARY
The Union City Municipal Code (“UCMC”) establishes local campaign contribution requirements and limitations for municipal elections through Chapter 2.06 “Campaign Contribution Limitations in Municipal Elections” (the “Code”). The Code regulates contributions to candidates and candidate-controlled committees and imposes contribution limits.

It came to staff’s attention that certain provisions of the Code may be outdated and require revisions. Staff brought proposed revisions to the Legislation and Policy Committee (the “Committee”) on June 1, 2026, for consideration and recommendation. The Committee agreed with the proposed revisions and recommended forwarding a proposed ordinance to the City Council for consideration. The City Council introduced the proposed ordinance at its June 9, 2026 meeting.

STRATEGIC PLAN ALIGNMENT
This action aligns with Goal B. Governance and Organization Effectiveness of the Strategic Plan.

BACKGROUND
An update to Chapter 2.06 of the Code is necessary to align campaign contribution regulations with constitutional case law, make other modifications for consistency, and avoid duplication. At its June 9, 2026 meeting, the City Council waived full reading and introduced by title only an ordinance to amend Chapter 2.06 “Campaign Contribution Limitations in Municipal Elections”. The City Council must now vote to adopt the ordinance.
215 of 414
Agenda Item No. 4.15
City Council Staff Report Page 2 of 2 June 23, 2026

DISCUSSION
The proposed ordinance updates Chapter 2.06 of the Code to align with constitutional case law by eliminating contribution limits on independent expenditure committees, while continuing to regulate contributions made directly to candidates and candidate-controlled committees. It also clarifies that loans made during special elections are treated the same as loans made during general elections for purposes of campaign finance regulations and removes a provision regarding officers of committees that can be deferred to state law.

FISCAL IMPACT
There is no direct fiscal impact associated with approving the proposed ordinance.

RECOMMENDATION
Staff recommends that the City Council waive further reading and adopt an ordinance amending Chapter 2.06 “Campaign Contribution Limitations in Municipal Elections” of the Union City Municipal Code.

Prepared by: Juliet Vaughn, Associate
Submitted by: Kristopher Kokotaylo, City Attorney
Attachments

1. Proposed Ordinance

2. Exhibit A - Campaign Contribution Limitations (Redlined) 216 of 414

ORDINANCE NO. 2026-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY AMENDING CHAPTER 2.06, “CAMPAIGN CONTRIBUTION
LIMITATIONS IN MUNICIPAL ELECTIONS” OF THE UNION CITY

MUNICIPAL CODE
WHEREAS, the Union City Municipal Code (“UCMC”) currently includes Chapter

2.06, “Campaign Contribution Limitations in Municipal Elections”; and WHEREAS, UCMC Chapter 2.06 requires amendment to align with Constitutional case law; and
WHEREAS, the City Council desires to minimize the potential for undue influence by individuals or groups on the Mayor and Council Members by placing realistic limits on the amount of money that individuals or groups may contribute to political campaigns in municipal elections consistent with legal principles; and WHEREAS, the City Council desires to amend Chapter 2.06 of the UCMC to make revisions consistent with legal principles and make other minor changes.

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

SECTION 1. Recitals. The above recitals (“Recitals”) are true and correct and made a part of this Ordinance.

SECTION 2. CEQA. Approval of the amendments is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Given the series of text amendments and additions, it is certain that the ordinance will not have a significant effect on the environment.

SECTION 3. Municipal Code Amendments. Chapter 2.06 “Campaign Contribution Limitations in Municipal Elections,” of the Union City Municipal Code is hereby amended with additions in underline and text removed with strikethrough as provided in Exhibit A, incorporated herein and made a part of this Ordinance.

SECTION 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. 217 of 414
Ordinance No. 2026-XXX
Amending Chapter 2.06 – “Campaign Contribution Limitations in Municipal Elections”

SECTION 5. Publication and effective date. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect thirty (30) days after its adoption.

INTRODUCED by the City Council of Union City at a regular meeting held on June 9, 2026, and PASSED, APPROVED, AND ADOPTED at a regular meeting held on June 23, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:
1) Exhibit A - Proposed Amendments to Chapter 2.06, “Campaign Contribution Limitations in Municipal Elections,” of the Union City Municipal Code 218 of 414

EXHIBIT A
…
§ 2.06.030 Campaign contributions—Limitations.

A. No person shall make a contribution to any candidate or the controlled committee of such a candidate, and no candidate or the candidate's controlled committee shall accept from each such person a contribution or contributions totaling more than eight hundred dollars for any election period.

B. No person shall make a contribution to any committee which makes independent expenditures to support or oppose any candidate, and no such committee shall accept from any person a contribution totaling more than eight hundred dollars during an election period.

CB. The candidate's own money or property used in the furtherance of the candidate's campaign shall not be subject to the contribution limits of this chapter. § 2.06.040 Aggregation of contributions.

For the purpose of the contribution limitations in Section 2.06.030, contributions from persons shall be aggregated as follows:

A. If the same person or a majority of the same persons in fact directs and controls the decisions of two or more entities to make contributions to support or oppose a candidate or candidates for elective office, those affiliated entities shall be considered one person.

B. Business entities in a parent-subsidiary relationship and business entities with the same controlling (more than fifty percent) owner shall be considered one person, unless the business entities act completely independently in their decisions to make contributions to support or oppose candidates for elective office.

C. No committee which supports or opposes a candidate shall have as officers individuals who serve as officers on any other committee which supports or opposes the same candidate. No such committee shall act in concert with, or solicit or make contributions on behalf of, any other committee.

DC. Nothing in this section shall be construed as to limit the right of individuals in joint tenancy of a savings or checking account from each making a contribution to a campaign in accordance with the limitations of this chapter. § 2.06.050 Loans and unpaid debts to vendors.
219 of 414
A. Every loan to a candidate or committee shall be by written agreement and shall be filed with the candidate's or committee's campaign statement on which the loan is first reported.

B. Loans shall not be subject to the contribution limitations of this chapter except in special elections, where loans are considered to be contributions and subject to the limits established in Section 2.06.030.

C. Except in special elections, fFailure to repay a loan within one year of the election date shall cause the loan to be considered a contribution and to the extent such contribution exceeds the contribution limitation established in Section 2.06.030 it shall be a violation of this chapter and subject to the enforcement provisions of Sections 2.06.100 or 2.06.110, et seq.

D. Debts owed by a candidate or committee to a vendor for goods or services rendered shall be considered campaign contributions for the purposes of this chapter if such debts are not repaid within one year following the election, unless the vendor has made a good faith effort to collect. A good faith effort shall consist of contracting with a collection agency for action, or the filing of a legal action to collect. To the extent such contribution exceeds the contribution limitation established in Section 2.06.030 it shall be a violation of this chapter, and subject to the enforcement provisions of Sections 2.06.090, 2.06.100, and 2.06.110, et seq. 220 of 414
City Council Staff Report Page 1 of 3 June 23, 2026
Staff Report
Agenda Item No. 5.1
DATE: June 23, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Conduct a Public Hearing, Confirm the Assessments and Order the Levy and Collection of Assessments for the Landscape and Lighting Assessment District No. 3 for Fiscal Year 2026-2027

EXECUTIVE SUMMARY
The City Council annually conducts proceedings to levy and collect assessments that support the maintenance and operation of Landscape and Lighting Assessment District (LLAD) No. 3. LLAD No. 3 provides funding for the maintenance and operation of public landscaping, irrigation, lighting, traffic signals, street maintenance, and other related improvements throughout the City.

The annual assessment process for Fiscal Year (FY) 2026–2027 is now at its final stage.

Staff recommends that the City Council:

1. Conduct a public hearing regarding the proposed FY 2026–2027 assessments for LLAD No. 3;

2. Consider all public testimony and any written protests received;

3. Confirm the assessments for FY 2026–2027; and

4. Adopt a Resolution confirming the assessments and ordering the levy and collection of assessments for LLAD No. 3 for FY 2026–2027.

STRATEGIC PLAN ALIGNMENT
This agenda item is aligned with the following:

Goal D: Create a healthy, sustainable community and maintain and improve the City’s infrastructure.

BACKGROUND
Pursuant to the Landscaping and Lighting Act of 1972, the City Council is required to annually review and levy assessments for LLAD No. 3. Previous steps in this process included the preparation of the Annual Engineer’s Report and the City Council's declaration of its intention to levy and collect assessments for FY 2026–2027. The next 221 of 414
Agenda Item No. 5.1
City Council Staff Report Page 2 of 3 June 23, 2026
and final step is to conduct a public hearing, consider any public testimony or protests received, and confirm and levy the assessments for FY 2026–2027.

On April 14, 2026, the City Council adopted Resolution No. 2026-039 initiating proceedings for the levy of assessments for FY 2026–2027 and directing NBS Government Finance Group to prepare and file the Annual Engineer’s Report with the City Clerk.

On May 26, 2026, the City Council adopted Resolution No. 2026-069 and Resolution No. 2026-070 approving the Annual Engineer’s Report, declaring its intention to levy and collect assessments for FY 2026–2027, and setting June 23, 2026, as the date for the required public hearing.

Notice of the public hearing was published in accordance with the requirements of the Landscaping and Lighting Act of 1972.

DISCUSSION
The Annual Engineer’s Report for LLAD No. 3 has been prepared and filed with the City Clerk. The report identifies the improvements and services to be maintained, the estimated costs associated with those services, the assessment methodology, and the proposed assessments for FY 2026–2027.

At this meeting, the City Council will conduct the required public hearing regarding the proposed assessments. Following the conclusion of the public hearing, the City Council may consider all public testimony and any written protests received. If a majority protest does not exist, the City Council may confirm the assessments and order the levy and collection of assessments for FY 2026–2027.

Approval of the attached Resolution will confirm the assessments as described in the Annual Engineer’s Report and authorize City staff, with the assistance of NBS Government Finance Group, to prepare and submit the levy of assessments to Alameda County to place the assessments on the FY 2026–2027 secured property tax roll.

FISCAL IMPACT
For FY 2026–2027, the total estimated maintenance and administrative costs for LLAD No. 3 are $3,929,698.31. The proposed assessments are projected to generate $2,676,236.36, and the City's contribution toward general and citywide benefit costs is estimated at $772,040.00.

To address the remaining funding shortfall and fully fund the estimated FY 2026-2027 maintenance and operational costs, the City will need to provide an additional $481,421.95, for a combined total contribution of $1,253,461.95. 222 of 414
Agenda Item No. 5.1
City Council Staff Report Page 2 of 3 June 23, 2026
223 of 414
Agenda Item No. 5.1
City Council Staff Report Page 3 of 3 June 23, 2026

RECOMMENDATION
Staff recommends that the City Council:

1. Conduct a public hearing regarding the proposed FY 2026–2027 assessments for LLAD No. 3;

2. Consider all public testimony and any written protests received;

3. Confirm the assessments for FY 2026–2027; and

4. Adopt a Resolution confirming the assessments and ordering the levy and collection of assessments for LLAD No. 3 for FY 2026–2027.

Prepared by: Diana Cangco, City Engineer
Submitted by: Marilou Ayupan, Public Works Director
Attachments

1. Draft Resolution

2. PowerPoint Presentation
224 of 414

RESOLUTION NO. 2026-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

CONFIRMING THE ASSESSMENTS AND ORDERING THE LEVY FOR
THE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 3
FOR FISCAL YEAR 2026-2027
WHEREAS, the City of Union City previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) to establish the City’s Landscape and Lighting Assessment District No. 3 (the “Assessment District”); and
WHEREAS, the City retained NBS Government Finance Group for the purpose of assisting Public Works Staff with the annual levy of the Assessment District, and to prepare and file an Annual Engineer’s Report; and
WHEREAS, the City Council has, by previous resolution, declared its intention to hold a Public Hearing concerning the levy and collection of assessments within the Assessment District; and
WHEREAS, a Public Hearing has been held and concluded and notice thereof was duly given in accordance with Section 22626 of the Act; and WHEREAS, at the time and place specified in the Resolution of Intention, the City conducted such hearing and considered all objections to the assessment.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE COUNCIL AS FOLLOWS:

1. Confirmation of Assessment and Diagram: The Council hereby confirms the assessments and the diagram as described in full detail in the Annual Engineer’s Report on file with the Clerk.

2. Levy of Assessment: Pursuant to Section 22631 of the Act, the adoption of this resolution shall constitute the levy of assessments for the fiscal year commencing July 1, 2026, and ending June 30, 2027.

3. Ordering of the Levy: The Council hereby orders City Staff, with the assistance of NBS Government Finance Group, to prepare and submit the levy of assessments to Alameda County for placement on the Fiscal Year 2026-2027 secured property tax roll. 225 of 414
Resolution No. 2026-XXX
Confirming the Assessments and Ordering the Levy for LLAD No. 3

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on June 23, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
226 of 414

CONDUCT A PUBLIC HEARING,

CONFIRM THE ASSESSMENT AND

ORDER THE LEVY AND COLLECTION

OF ASSESSMENTS FOR THE

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO. 3 FOR
FISCAL YEAR 2026 - 2027
Pursuant to the Landscaping & Lighting Act of 1972 and Proposition 218 (Right to Vote Taxes Act) June 23, 2026
City Council Meeting
Diana Cangco, City Engineer
DRAFT

HISTORY
DRAFT
History 3
• 1988 –1st City-Wide Landscape & Lighting
Assessment District was formed (LLAD No. 1)
• 1996 - California Proposition 218 Passed• 1997 - City modified operations to comply with Proposition 218 (LLAD No. 2):
Eliminated the use of LLAD funds for park
maintenance
Shifted the park maintenance to General Fund
DRAFT
History 4
• 2005 - Restructuring of District (LLAD No. 3)
 Included the city-wide ‘regional benefit’ portion of
the park maintenance
 No change in assessment rates since 1996
• 2025 – No increase in assessment rates is being
proposed as part of the LLAD renewal for FY 2026-2027.

DRAFT

LLAD SERVICES AND

SUMMARY OF ASSESSMENT
DRAFT
Services 6
Some Major Maintenance Services Provided by LLAD: Streetlights - by outside contractors Traffic signals - by outside contractors Street landscaping – tree pruning contract Parks (‘local neighborhood benefit’ portion)
DRAFT
7 LLAD No. 3 Engineer’s Report Budget FY 2026-2027
Total City Contribution $1,253,461.95 to fully fund LLAD No. 3 $481,421.95$772,040.00
City Contribution:

DRAFT
Assessment Rate 8
No Change in Assessment Rate - Same Level Since 1996-97 Fiscal Year (30 years):• Single family residence ---- $90.19 per parcel• Commercial -------------------- $0.0751 per SF• Industrial ------------------------ $0.0563 per SF DRAFT

RECOMMENDATION
DRAFT
Recommendation 10
Staff Recommends that the City CouncilA. Conduct a Public Hearing and consider all public testimony and written protests
B. Adopt A Resolution that will

1. Confirm Assessment and Diagram for FY 2026-
2027

2. Levy Assessments for FY 2026-20273. Order the Levy of assessments to Alameda County for placement on FY 2026-2027 property tax roll
DRAFT
City Council Staff Report Page 1 of 7 June 23, 2026
Staff Report
Agenda Item No. 6.1
DATE: June 23, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute a Five-Year Agreement with Axon Enterprise, Inc. for Continued Use of the Integrated Public Safety Technology Ecosystem in an Amount Not to Exceed $1,995,420.50

EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a five-year agreement with Axon Enterprise, Inc. (“Axon”). for the continued provision of the Police Department's integrated public safety technology ecosystem, including body-worn cameras, in-car video systems, conducted energy weapons (TASERs), Automated License Plate Recognition (ALPR) licensing, interview room recording systems, Axon Air drone technology, digital evidence management, video redaction software, cloud-based evidence storage, and associated hardware, software, training, maintenance, and support services.

STRATEGIC PLAN ALIGNMENT
Goal C: Institute forward-thinking business, land use development, housing, social services, and public safety strategies that promote growth and innovation.

Strategy 13: Align public safety services with community needs based on a data-driven decision-making approach.

BACKGROUND
In October 2021, the Union City Police Department entered into a five-year agreement with Axon after evaluating available options and determining that Axon offered the best overall solution for officer safety, transparency, accountability, and evidence management. The current agreement is set to expire in October 2026.

Staff is requesting authorization to enter into a new five-year agreement with Axon to continue providing these critical services and technologies. Funding for this project was approved by the City Council as part of the adopted Fiscal Year 2025-2026 and Fiscal Year 2026-2027 budgets.
237 of 414
Agenda Item No. 6.1
City Council Staff Report Page 2 of 7 June 23, 2026
While many components of the original agreement will remain unchanged, the proposed contract reflects the Department's evolving operational needs since 2021. Specifically, the agreement includes additional technology and equipment implemented during the current contract term, including drone-related hardware and software, Automated License Plate Recognition (ALPR) licensing, and additional equipment and licensing necessary to support staffing increases and expanded operational requirements.

The proposed agreement will continue to provide an integrated technology platform that includes body-worn cameras, in-car video systems, interview room cameras, digital evidence management, video redaction software, conducted energy weapons, drone technology, and other related public safety technologies. These tools remain essential to maintaining transparency, enhancing officer and community safety, and ensuring compliance with public records and evidentiary requirements.

DISCUSSION
Benefits of An Integrated Public Safety Technology Ecosystem The Union City Police Department recognizes the importance of maintaining public trust through transparency, accountability, and the responsible use of technology. Since entering into a partnership with Axon in 2021, the Department has successfully implemented a fully integrated public safety technology ecosystem that has enhanced evidence collection, streamlined investigative processes, improved officer safety, and increased transparency with the community.

Since implementation, the Department has successfully used the Axon platform to manage thousands of body-worn camera recordings, in-car video files, interview room recordings, and digital evidence submissions, while improving evidence sharing with prosecutors and reducing the administrative workload associated with evidence management and public records requests.

Over the past five years, these technologies have become an essential component of daily operations. Body-worn cameras, in-car video systems, interview room recording systems, digital evidence management, and less-lethal tools are now fully integrated into the Department's workflows. They are relied upon by officers, supervisors, prosecutors, and professional staff. The continued use of a single, integrated platform allows for seamless evidence collection, storage, review, redaction, and sharing while reducing administrative burdens and improving efficiency.

The proposed agreement will allow the Department to continue using these existing technologies while incorporating additional equipment, software, and services added since the original agreement. These enhancements include drone-related software, expanded licensing, additional in-car technology, and equipment necessary to support staffing growth and evolving operational needs.

Staff evaluated available options and determined that Axon is the sole source provider capable of delivering a fully integrated public safety technology ecosystem that combines body-worn cameras, in-car video systems, interview room recording, conducted energy 238 of 414
Agenda Item No. 6.1
City Council Staff Report Page 3 of 7 June 23, 2026
weapons, drone integration, digital evidence management, artificial intelligence-assisted redaction tools, cloud-based storage, and evidence management within a single platform.

Maintaining a unified system minimizes training requirements, reduces administrative complexity, enhances evidentiary integrity, and avoids the significant costs associated with migrating data and replacing interconnected technologies.

In addition, the Department has utilized the Axon platform since 2021 and currently maintains more than five years of digital evidence within the Axon ecosystem.

Transitioning to another vendor would require migrating substantial amounts of evidentiary data, resulting in high costs, operational disruption, additional training requirements, and potential evidentiary challenges. For these reasons, staff has determined that Axon is uniquely qualified to provide the required services and equipment and therefore qualifies as a sole source provider for this integrated public safety technology solution.

The proposed agreement will continue to provide the Department with industry-leading technology solutions that support officer safety, operational effectiveness, transparency, accountability, and compliance with public records and evidentiary requirements.

Key Components of the Proposed Agreement
• Axon Body-Worn Cameras
The proposed agreement provides continued deployment and support of Axon body-worn cameras for sworn personnel. These cameras provide high-definition audio and video recordings, enhanced battery life, GPS functionality, wireless connectivity, and automatic activation features. Body-worn cameras have become an important tool for documenting police interactions, collecting evidence, increasing transparency, and enhancing accountability. The integrated platform enables efficient evidence management and sharing while reducing the administrative workload associated with evidence processing and public records requests.

The body-worn camera system also includes real-time livestreaming capabilities that provide supervisors and incident commanders with enhanced situational awareness during critical incidents. This functionality improves operational coordination, supports informed decision-making, and enhances officer safety during rapidly evolving events.

The system also integrates with Axon's real-time operations platform, allowing authorized personnel to access live video when necessary for operations.

Axon Fleet 3 In-Car Video Systems, Point of View (POV) Cameras, and Automated License Plate Recognition (ALPR)
The Axon Fleet 3 system provides fully integrated in-car video recording capabilities that synchronize with body-worn cameras and other Axon devices. The system automatically records critical events based on configured triggers, including emergency light activation, siren activation, firearm unholstering, and conducted energy weapon deployment. Video evidence is securely uploaded to Evidence.com, allowing for rapid review, evidence management, and sharing with investigators and prosecutors. 239 of 414
Agenda Item No. 6.1
City Council Staff Report Page 4 of 7 June 23, 2026
The proposed agreement also includes five Axon Point-of-View (POV) cameras for the Department's Traffic Unit motorcycle officers. These cameras are specifically designed for motorcycle deployment and provide high-definition video recording capabilities while operating in the field. Similar to Fleet 3 cameras installed in patrol vehicles, POV cameras integrate directly with the Axon ecosystem and synchronize with body-worn cameras and other Axon devices. This technology enhances transparency, accountability, and evidence collection during traffic enforcement, collision investigations, special events, and other motorcycle operations while ensuring that critical interactions are accurately documented.

In addition to the Fleet 3 and POV camera systems, the proposed agreement includes 30 Automated License Plate Recognition (ALPR) camera licenses. These licenses allow Fleet 3 cameras to function as mobile ALPR units, significantly expanding the Department's ability to identify stolen vehicles, vehicles associated with wanted suspects, AMBER Alerts, and vehicles involved in felony investigations, as well as other public safety concerns.

The addition of mobile ALPR technology enhances the Department's existing ALPR network and investigative analytics platforms by increasing coverage throughout the community and providing officers with real-time investigative information while on patrol.

Unlike fixed ALPR cameras, mobile ALPR systems allow officers to actively scan vehicles throughout the city, increasing the likelihood of locating wanted vehicles and suspects.

The integration of ALPR technology supports crime reduction efforts, improves investigative capabilities, and enhances officer and community safety while maintaining compliance with applicable privacy and data retention requirements.

Together, the Fleet 3 vehicle systems, Point of View motorcycle cameras, and mobile ALPR technology provide a comprehensive video and intelligence platform that improves evidence collection, officer accountability, transparency, and public safety operations throughout the City.
• Axon TASER Ecosystem
The agreement includes the continued deployment and support of Axon-conducted energy weapons and associated accessories. The system integrates with body-worn cameras and Fleet systems, allowing critical incidents involving less-lethal force to be automatically documented and recorded. The TASER ecosystem includes training support, equipment replacement, software integration, and reporting tools that improve accountability while providing officers with effective less-lethal options. • Evidence.com Digital Evidence Management System
Evidence.com serves as the Department's centralized digital evidence management platform. The system securely stores body-worn camera footage, in-car video, interview room recordings, drone footage, photographs, and other digital evidence. The cloudbased platform allows authorized users to quickly access, review, manage, and share evidence with prosecutors and investigators while eliminating the need for costly on-site storage infrastructure. The system also improves efficiency by simplifying evidence transfers and maintaining comprehensive audit trails.
240 of 414
Agenda Item No. 6.1
City Council Staff Report Page 5 of 7 June 23, 2026
The platform also includes automated evidence-tagging capabilities that use artificial intelligence to categorize and organize digital evidence. Auto-tagging reduces administrative workload, improves evidence retrieval, and assists investigators and prosecutors in efficiently locating and reviewing relevant digital evidence. • Axon Community Link
The proposed agreement includes Axon Community Link, a secure digital communication platform designed to improve interactions between the Police Department and the community. Community Link allows officers and staff to electronically share crime prevention information and other relevant materials with community members through a secure online portal. Additionally, community members can share evidence with officers through this system. This technology enhances customer service, improves accessibility, reduces administrative workload, and supports the Department's commitment to transparency and modern service delivery. The platform also streamlines communications by providing community members with secure access to information without requiring in-person visits or extensive staff involvement. • Axon Redaction Assistant
The agreement includes advanced automated redaction software designed to assist staff in processing public records requests and releasing video evidence. Utilizing artificial intelligence, the system can automatically identify and redact faces, license plates, computer screens, and other protected information. This technology significantly reduces the staff time required to process video evidence while ensuring compliance with applicable privacy laws and public disclosure requirements. • Axon Performance
Axon Performance provides supervisors with a comprehensive platform to review bodyworn camera footage, monitor policy compliance, document performance, and identify training opportunities. The system streamlines supervisory review processes and provides valuable analytics to help the Department maintain accountability, reduce liability exposure, and ensure compliance with departmental policies and best practices. • Axon Interview Room Recording System
The agreement includes continued support for interview room recording equipment and software. The system provides high-definition audio and video recording capabilities, automated uploads to Evidence.com, and secure storage of interviews and statements.

Integration with the Department's evidence management system ensures consistency, reliability, and ease of access for investigators and prosecutors. • Axon Air Drone Program
The proposed agreement includes Axon Air, a comprehensive drone ecosystem that integrates unmanned aircraft systems (UAS), cloud-based evidence management, flight operations software, and real-time situational awareness tools into the Department's 241 of 414
Agenda Item No. 6.1
City Council Staff Report Page 6 of 7 June 23, 2026
existing Axon platform. The system allows authorized personnel to safely deploy drones during critical incidents, searches, tactical operations, crime scene documentation, disaster response, and other public safety events.

Axon Air enhances officer and community safety by providing real-time aerial intelligence while reducing the need to place personnel in potentially dangerous situations. The system includes DroneSense flight management software, real-time mobile streaming capabilities, unlimited evidence storage for drone operations, and professional implementation services. These capabilities allow authorized personnel and command staff to access live aerial video during critical incidents, improving situational awareness, decision-making, and operational effectiveness. Drone-captured video and imagery are automatically uploaded and managed within Evidence.com, ensuring secure storage, streamlined evidence sharing, and compliance with evidentiary requirements. Integrating drone operations into the Department's existing Axon ecosystem improves efficiency, accountability, and transparency while providing valuable investigative and operational capabilities.
• Technology Refresh and Equipment Replacement
The proposed agreement includes scheduled technology refreshes and equipment replacement throughout the contract term. The agreement provides for replacement body-worn cameras, Point of View (POV) cameras, docking stations, and other associated equipment at designated intervals to ensure personnel continue to utilize current-generation technology. This approach reduces the need for significant future capital expenditures, minimizes equipment obsolescence, and ensures officers have access to modern, reliable, and fully supported public safety technology throughout the life of the agreement.

FISCAL IMPACT
Staff evaluated the costs of maintaining separate technology platforms and determined that continuing with Axon's fully integrated ecosystem is the most cost-effective and operationally efficient solution. The proposed agreement consolidates body-worn cameras, in-car video systems, conducted energy weapons, drone technology, digital evidence management, cloud-based storage, redaction software, and related support services under a single vendor and platform.

Maintaining a unified system eliminates the costs and operational challenges associated with managing multiple vendors, separate software platforms, independent data storage solutions, and complex evidence migration processes. In addition, the integrated platform provides ongoing equipment replacement, software updates, training, technical support, and unlimited cloud-based storage throughout the term of the agreement.

According to Axon's pricing analysis, the proposed bundled agreement results in estimated savings of $750,935.80 over the five-year term compared to purchasing the individual components and services separately. The bundled approach allows the Department to maximize value while maintaining a fully integrated public safety technology ecosystem.
242 of 414
Agenda Item No. 6.1
City Council Staff Report Page 7 of 7 June 23, 2026
The total cost of the proposed five-year agreement is $1,995,420.50, including applicable taxes. Annual costs are structured as follows:
• Year 1: $399,084.09
• Years 2 through 4: $399,084.07 annually
• Year 5: $399,084.20
The City Council approved funding for the first year of this project as part of the adopted Fiscal Year 2026-2027 budget. Funds for this contract have been appropriated in the account number 11017001-54111. Funding for subsequent years will be considered and appropriated through the City's biennial budget process.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a five-year agreement with Axon Enterprise, Inc., in an amount not to exceed $1,995,420.50, for the continued provision of the Police Department's integrated public safety technology ecosystem, including conducted energy weapons (TASERs), bodyworn cameras, Point of View motorcycle cameras, in-car video systems, automated license plate recognition (ALPR) licensing, interview room recording systems, Axon Air drone technology, Axon Community Link, digital evidence management, video redaction software, artificial intelligence-assisted evidence management tools, cloud-based evidence storage, and associated hardware, software, training, maintenance, warranties, and support services.

Prepared by: Andrew Holt, Police Captain
Submitted by: Jared Rinetti, Police Chief
Attachments:

1. Draft Resolution

2. Exhibit A – Axon MSPA and Binding Quote

3. PowerPoint Presentation
243 of 414

RESOLUTION NO. 2026-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE-YEAR
AGREEMENT WITH AXON ENTERPRISE, INC. FOR AN INTEGRATED

PUBLIC SAFETY TECHNOLOGY ECOSYSTEM IN AN AMOUNT NOT
TO EXCEED $1,995,420.50
WHEREAS, in October 2021, the City Council authorized the purchase of Axon public safety technology solutions, including body-worn cameras, conducted energy weapons, in-car video systems, interview room recording systems, digital evidence management software, and related services; and
WHEREAS, the current agreement expires in October 2026; and WHEREAS, since implementation, the Axon platform has become an integral component of the Police Department's operations, supporting evidence collection, storage, sharing, transparency, accountability, officer safety, and compliance with evidentiary and public records requirements; and
WHEREAS, the proposed agreement will continue to provide a fully integrated public safety technology ecosystem including conducted energy weapons (TASERs), body-worn cameras, Point of View (POV) motorcycle camera systems, Fleet 3 in-car video systems, Automated License Plate Recognition (ALPR) licensing, interview room recording systems, Axon Air drone technology, digital evidence management, cloudbased storage, video redaction software, artificial intelligence-assisted evidence management tools, and associated hardware, software, training, maintenance, warranties, and support services; and
WHEREAS, staff evaluated available options and determined that Axon is the sole source provider capable of delivering a fully integrated public safety technology ecosystem that combines body-worn cameras, in-car video systems, interview room recording, conducted energy weapons, drone integration, digital evidence management, artificial intelligence-assisted redaction tools, cloud-based storage, and evidence management within a single platform; and
WHEREAS, maintaining a unified technology platform minimizes training requirements, reduces administrative complexity, enhances evidentiary integrity, and avoids the substantial costs and operational challenges associated with migrating more than five years of digital evidence to a different system; and WHEREAS, the total cost of the proposed five-year agreement is $1,995,420.50, including applicable taxes; and
WHEREAS, funding for the first year of this project was approved by the City Council as part of the adopted Fiscal Year 2026/2027 budget. Funds for this contract have been appropriated to account number 11017001-54111 to support the Fiscal Year 2026/2027 costs associated with the proposed agreement. Funding for subsequent years will be considered and appropriated through the City's annual budget process. 244 of 414
Resolution No. 2026-XXX
5-Year Agreement Axon Enterprise, Inc.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City as follows:

Section 1. The foregoing recitals are true and correct and are incorporated herein by reference.

Section 2. The City Council hereby authorizes the City Manager to execute a fiveyear agreement with Axon Enterprise, Inc., in a form approved by the City Attorney, in an amount not to exceed $1,995,420.50, for the continued provision of the Police Department's integrated public safety technology ecosystem and related services.

Section 3. The City Manager, or her designee, is authorized to execute any and all documents and take any actions necessary to carry out the purpose and intent of this resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on June 23, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:

1. Exhibit A - Axon MSPA and Binding Quote 2026
245 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 1 of 31
This Master Services and Purchasing Agreement ("Agreement") is between Axon Enterprise, Inc. ("Axon"), and the Customer listed below or, if no Customer is listed below, the customer on the Quote (as defined below) ("Customer").

This Agreement is effective as of the later of the (a) last signature date on this Agreement or (b) date of acceptance of the Quote ("Effective Date"). Axon and Customer are each a "Party" and collectively "Parties". This Agreement governs Customer’s purchase and use of the Axon Devices and Services detailed in the Quote. It is the intent of the Parties that this Agreement will govern all subsequent purchases by Customer for the same Axon Devices and Services in the Quote, and all such subsequent quotes accepted by Customer shall be also incorporated into this Agreement by reference as a Quote. The Parties agree as follows:

1. Definitions.

1.1. "Axon Cloud Services" means Axon’s web services, but excludes third-party applications, hardware warranties, and my.evidence.com.

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

1.3. "Quote" means an offer to sell and is only valid for devices and services on the offer at the specified prices.

Any inconsistent or supplemental terms within Customer’s purchase order in response to a Quote will be void.

Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote. Shipping dates are estimates only. Axon is not responsible for typographical errors in any Quote by Axon, and Axon reserves the right to cancel any orders resulting from such errors.

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

2. Term. This Agreement begins on the Effective Date and continues until all subscriptions hereunder have expired or have been terminated ("Term").

2.1. All subscription plans begin on the date stated in the Quote. Each subscription term ends upon completion of the subscription stated in the Quote ("Subscription Term").

2.2. Upon completion of the Subscription Term, the Subscription Term may renew upon mutual written agreement signed by all Parties for a mutually agreeable term ("Renewal Term"). For purchase of TASER 7 or TASER 10 as a standalone, Axon may increase pricing to its then-current list pricing for any Renewal Term. New devices and services may require additional terms. Axon will not authorize new services until Axon receives a signed Quote or accepts a purchase order, whichever is first.

3. Payment. Axon invoices for Axon Devices upon shipment, or on the date specified within the invoicing plan in the Quote. Payment is due net 30 days from the invoice date. Axon invoices for Axon Cloud Services on an upfront annual basis prior to the beginning of the Subscription Term and upon the anniversary of the Subscription Term. Payment obligations are non-cancelable. Unless otherwise prohibited by law, Customer will pay interest on all past-due sums at the lower of one-and-a-half percent (1.5%) per month or the highest rate allowed by law. Customer will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Customer is responsible for collection and attorneys’ fees.

4. Taxes. Customer is responsible for sales and other taxes associated with the order unless Customer provides Axon a valid tax exemption certificate.

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

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

7. Warranty.

7.1. Limited Warranty. Axon warrants that Axon-manufactured Devices, except for TASER devices covered under the TASER Appendix, are free from defects in workmanship and materials for one (1) year from the date of Customer’s receipt, except Signal Sidearm which Axon warrants for thirty (30) months from Customer’s receipt and Axon-manufactured accessories, which Axon warrants for ninety (90) days from Customer’s receipt, respectively, from the date of Customer’s receipt. Extended warranties run from the expiration of the one- (1-) year hardware warranty through the extended warranty term purchased.

7.2. Disclaimer. All software and Axon Cloud Services are provided "AS IS," without any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Axon Devices and Services that are not manufactured, published or performed by Axon ("Third-Party Products") are not covered by Axon’s Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 246 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 2 of 31
warranty and are only subject to the warranties of the third-party provider or manufacturer. If Customer purchases Axon Loki, Customer acknowledges the Loki device is designed for operation in enclosed, controlled environments and must be used in compliance with all applicable laws and safety guidelines. Operation in open or unapproved areas may result in signal interference, loss of control, or damage, and Axon assumes no liability for improper use, including any resulting harm or regulatory violations.

7.3. Claims. If Axon receives a valid warranty claim for an Axon-manufactured Device during the warranty term, Axon’s sole responsibility is to repair or replace the Axon-manufactured Device with the same or like Axonmanufactured Device, at Axon’s option. A replacement Axon-manufactured Device will be new or like new.

Axon will warrant the replacement Axon-manufactured Device for the longer of (a) the remaining warranty of the original Axon-manufactured Device or (b) ninety (90) days from the date of repair or replacement.

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

7.4. Spare Axon Devices. At Axon's reasonable discretion, Axon may provide Customer a predetermined number of spare Axon Devices as detailed in the Quote ("Spare Axon Devices"). Spare Axon Devices are intended to replace broken or non-functioning units while Customer submits the broken or non-functioning units, through Axon’s warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Customer in accordance with shipping terms of this Agreement. Axon assumes no liability or obligation to replace spare device in the event Customer does not utilize Spare Axon Devices for the intended purpose.

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

Axon’s warranty will be void if Customer resells Axon Devices.

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

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

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

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

Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 247 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 3 of 31

7.8. Axon Aid. Upon mutual agreement between Axon and Customer, Axon may provide certain products and services to Customer, as a charitable donation under the Axon Aid program. In such event, Customer expressly waives and releases any and all claims, now known or hereafter known, against Axon and its officers, directors, employees, agents, contractors, affiliates, successors, and assigns (collectively, "Releasees"), including but not limited to, on account of injury, death, property damage, or loss of data, arising out of or attributable to the Axon Aid program whether arising out of the negligence of any Releasees or otherwise. Customer agrees not to make or bring any such claim against any Release, and forever release and discharge all Releasees from liability under such claims. Customer expressly allows Axon to publicly announce its participation in Axon Aid and use its name in marketing materials. Axon may terminate the Axon Aid program without cause immediately upon notice to the Customer.

8. Free Trial.

8.1. Trial Period and License. At any time during the Term, Customer and Axon may elect to enter a free trial of Axon Devices and Services new to the Customer for a designated period (“Trial Period”) as described in a quote issued (“Trial Quote”). During the Trial Period, Axon grants Customer a nonexclusive, terminable, nontransferable, license to use new Axon Devices and Services provided for trial to the Customer (“Trial Products”).

Trial Products may include Axon beta software or firmware which additional terms may be required and included within the Trial Quote. Axon may limit the number of Trial Products Customer receives within the Trial Quote.

Axon may supply refurbished Trial Products. ALL FREE TRIAL PRODUCTS INCLUDING, WITHOUT LIMITATION, AXON CLOUD SERVICES, ARE PROVIDED “AS IS” AND TO THE EXTENT NOT PROHIBITED BY LAW, AXON DISCLAIMS ALL LIABILITY REGARDLESS OF THE CLAIM.

8.2. Trial Quote Termination. Upon at least 10 business days’ prior written notice to Axon at any time prior to the end of the Trial Period, Customer may as its sole option, terminate the free Trial Period and underlying Trial Quote associated with the Trial Products for convenience. Customer’s rights to the Trial Products will immediately terminate at the end of the Trial Period, and Customer will return any Trial Products hardware to Axon within 10 days after the effective date of such termination or at the end of the Trial Period, excluding used CEW cartridges. If any individual component of the Trial Products is not returned, Axon will invoice Customer the MSRP of the unreturned items. Customer agrees to pay the invoice along with any applicable taxes and shipping. Customer will return the Trial Products to Axon in good working condition, minus normal wear and tear. Axon may charge Customer if there is damage beyond normal wear and tear. Any Customer Content shall be stored and returned pursuant to the Axon Cloud Services Terms of Use Appendix

9. Statement of Work. Certain Axon Devices and Services, including, but not limited to, Axon Interview Room, Axon Channel Services, Axon Justice Implementation, FUSUS, and Axon Fleet, may require a Statement of Work that details Axon’s Service deliverables ("SOW"). In the event Axon provides an SOW to Customer, Axon is only responsible for the performance of Services described in the SOW. Additional services outside of the SOW, Quote, or this Agreement are out of scope. The Parties must document scope changes in a written and signed change order.

Changes may require an equitable adjustment in fees or schedule. Any applicable SOW is incorporated into this Agreement by reference.

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

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

12. Combined Offerings. Some offerings in a Quote combine existing and pre-released Axon Devices or Services. Some offerings may not be available at the time of Customer’s purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to delay of availability or Customer’s choice not to utilize any portion of a combined offering.

13. Insurance. Before beginning any work under this Agreement, Axon, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Axon and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Axon shall provide proof satisfactory to Customer of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work for the Customer.

Axon shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Axon's bid. Axon shall not allow any subcontractor to commence work on any subcontract until Axon has obtained all insurance required herein for the subcontractor(s) and provided evidence to the Customer that such insurance is in effect. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.

13.1. Required Coverage. Axon shall maintain all required insurance listed herein for the duration of this Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 248 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 4 of 31
Agreement.

COVERAGE TYPE OF INSURANCE MINIMUM LIMITS
A Commercial General Liability
Premises Liability; Products and
Completed Operations;
Contractual Liability; Personal
Injury and Advertising Liability
$1,000,000 per occurrence;
Bodily Injury and Property Damage
$2,000,000 in the aggregate;
Commercial general coverage shall be at
least as broad as Insurance Services
Office Commercial General Liability
occurrence form CG 0001 (most recent
edition) covering comprehensive
General Liability on an “occurrence”
basis.

B Commercial or Business
Automobile Liability
All Axon owned vehicles, hired or
leased vehicles, non-owned,
borrowed and permissive uses.

Personal Automobile Liability is
acceptable for individual
contractors with no transportation
or hauling related activities
Intentionally Omitted
$1,000,000 per occurrence;
Any Auto; Bodily Injury and Property
Damage. Automobile coverage shall be
at least as broad as Insurance Services
Office Automobile Liability form CA 0001
(most recent edition), Code 1 (any auto).

No endorsement shall be attached
limiting the coverage.

C Workers’ Compensation (WC)
and Employers Liability (EL)
Required for all contractors with
employees
WC: Statutory Limits
EL: $100,000 per accident for bodily
injury or disease. Axon may rely on a
self-insurance program to meet those
requirements, but only if the program of
self-insurance complies fully with the
provisions of the California Labor Code.

The insurer shall waive all rights of
subrogation against the City and its
officers, officials, employees, and
volunteers for loss arising from work
performed under this Agreement.

D Professional Liability/Errors &
Omissions
Includes endorsements of
contractual liability
$1,000,000 per occurrence
$2,000,000 policy aggregate; Any
deductible or self-insured retention shall
not exceed $1,000,000 per claim.

13.2. Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:

13.2.1. All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until three (3) years following termination and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement.

13.2.2. All insurance required above with the exception of Professional Liability, Personal Automobile Liability, Workers’ Compensation and Employers Liability, shall be endorsed to name as additional insured: City of Union City, its City Council, and all City officers, agents, employees, volunteers and representatives.

13.2.3. For any claims related to this Agreement or the work hereunder, Axon’s insurance coverage shall be primary insurance as respects the Customer, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Customer, its officers, officials, employees, or Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 249 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 5 of 31
volunteers shall be excess of the Axon’s insurance and shall not contribute with it.

13.2.4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the Customer.

13.2.5. Certificates of Insurance: Before commencing operations under this Agreement, Axon shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to Customer, evidencing that all required insurance coverage is in effect..

13.2.6. Subcontractors: Axon shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

13.2.7. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
• The retroactive date of the policy must be shown and must be before the date of the Agreement.
• Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
• If coverage is canceled or not renewed and it is not replaced with another claimsmade policy form with a retroactive date that precedes the date of this Agreement, Axon must purchase an extended period coverage for a minimum of three (3) years after completion of work under this Agreement.
• A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.

13.3. All Policies Requirements.

13.3.1. Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. Insurance shall be maintained through an insurer with a minimum A.M. Best Rating of A- or better. Acceptance of Axon’s insurance by Customer shall not relieve or decrease the liability of Axon hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Axon.

13.3.2. Deductibles and Self-Insured Retentions. Axon shall disclose to for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.

13.3.3. Wasting Policies. No policy required by this Section shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

13.3.4. Waiver of Subrogation. Axon hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Axon agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Axon, its employees, agents, and subcontractors.

13.4. Remedies. In addition to any other remedies Customer may have if Axon fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, Customer may, at its sole option exercise any of the following remedies, which are alternatives to other remedies Customer may have and are not the exclusive remedy for Axon’s breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
• Order Axon to stop work under this Agreement or withhold any payment that becomes due to Axon hereunder, or both stop work and withhold any payment, until Axon demonstrates compliance with the requirements hereof; and/or • Terminate this Agreement.

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

15. IP Indemnification. Axon will indemnify and defend Customer against all claims, losses, and reasonable expenses from any third-party claim alleging that the use of Axon-manufactured Devices, Axon Cloud Services or Axon Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 250 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 6 of 31
software (“Axon Products”) infringes or misappropriates the third-party’s intellectual property rights. Customer must promptly provide Axon with written notice of such claim, tender to Axon the defense or settlement of such claim at Axon’s expense and cooperate fully with Axon in the defense or settlement of such claim. Axon’s IP indemnification obligations do not apply to claims based on (a) modification of Axon Products by Customer or a third-party not approved by Axon; (b) use of Axon Products in combination with hardware or services not approved by Axon; (c) use of Axon Products other than as permitted in this Agreement; or (d) use of Axon Products that is not the most current software release provided by Axon.

Axon’s obligation to defend and indemnify shall not be excused because of the Axon’s inability to evaluate Liability or because the Axon evaluates Liability and determines that the Axon is not liable to the claimant. The Axon must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Axon fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Axon under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Axon accepts or rejects the tender of defense, whichever occurs first

16. Customer Responsibilities. Customer is responsible for (a) Customer’s use of Axon Devices; (b) Customer or a Customer-authorized user’s breach of this Agreement or violation of applicable law; (c) disputes between Customer and a third-party over Customer’s use of Axon Devices; (d) secure and sustainable destruction and disposal of Axon Devices at Customer’s cost; and (e) any regulatory violations or fines, as a result of improper destruction or disposal of Axon Devices.

17. Termination.

17.1. For Breach. A Party may terminate this Agreement for cause if it provides thirty (30) days written notice of the breach to the other Party, and the breach remains uncured thirty (30) days after written notice. If Customer terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination.

17.2. By Customer. Customer may terminate this Agreement at any time and without cause upon ninety (90) days prior written notice to Axon. Customer will deliver notice of termination under this section as soon as reasonably practicable. In the event of Customer termination, Axon shall be entitled to compensation for services performed to the effective date of termination. Notwithstanding the foregoing, Section 17.3 shall still apply.

17.3. Effect of Termination. Upon termination of this Agreement, Customer rights immediately terminate except for those provisions at Section 19.9 which shall survive termination. Customer remains responsible for all fees incurred before the effective date of termination. If Customer purchases Axon Devices for less than the manufacturer’s suggested retail price ("MSRP") and this Agreement terminates before the end of the Term,Axon will invoice Customer the difference between the MSRP for Axon Devices procured, including any Spare Axon Devices, and amounts paid towards those Axon Devices. Only if terminating for non-appropriation, Customer may return Axon Devices to Axon within thirty (30) days of termination. MSRP is the standalone price of the individual Axon Device at the time of sale. For multiple Axon Devices that may be combined as a single offering on a Quote, MSRP is the standalone price of all individual components.

18. Confidentiality. "Confidential Information" means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party’s Confidential Information. Unless required by law, neither Party will disclose the other Party’s Confidential Information during the Term and for five (5) years thereafter. To the extent permissible by law, Axon pricing is Confidential Information and competition sensitive. If Customer receives a public records request to disclose Axon Confidential Information, to the extent allowed by law, Customer will provide notice to Axon before disclosure. Axon may publicly announce information related to this Agreement.

19. General.

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

19.2. Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, Customer, fiduciary, or employment relationship between the Parties.

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

19.4. Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 251 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 7 of 31
conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law.

19.5. Compliance with Laws. Each Party will comply with all applicable federal, state, and local laws, including without limitation, import and export control laws and regulations as well as firearm regulations and the Gun Control Act of 1968. Customer acknowledges that Axon Devices and Services are subject to U.S. and international export control laws, including the U.S. Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR). Customer represents and warrants that neither it nor any End User is a "Restricted Person," meaning any individual or entity that (1) is subject to U.S. sanctions or trade restrictions, (2) appears on any U.S. government restricted party list, (3) engages in prohibited weapons proliferation activities, or (4) is owned or controlled by, or acting on behalf of, such persons or entities. Customer must promptly notify Axon of any change in status, and Axon may terminate this Agreement if Customer or any End User becomes a Restricted Person or violates export laws.

19.6. Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent. Axon may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets. This Agreement is binding upon the Parties respective successors and assigns.

19.7. Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right.

19.8. Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect.

19.9. Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, Customer Responsibilities and any other Sections detailed in the survival sections of the Appendices.

19.10.Governing Law and Venue. The laws of California shall govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. The Parties expressly agree that either Party may appear for and attend all matters, remotely via teleconference or videoconference at the party’s discretion, to the extent allowable by court. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.

19.11. Notices. All notices must be in English. Notices posted on Customer’s Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Notices to Customer shall be provided to the address on file with Axon. Notices to Axon shall be provided to Axon Enterprise, Inc. Attn: Legal, 17800 North 85th Street, Scottsdale, Arizona 85255 with a copy to [email protected].

19.12.Entire Agreement. This Agreement, the Appendices, including any applicable Appendices not attached herein for the products and services purchased, which are incorporated by reference and located in the Master Purchasing and Services Agreement located at https://www.axon.com/sales-terms-and-conditions, Quote and any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties.

Each Party, by and through its respective representative authorized to execute this Agreement, has duly executed and delivered this Agreement as of the date of signature.

AXON: CUSTOMER:

Axon Enterprise, Inc.

Signature: Signature:

Name: Name:

Title: Title:

Date: Date:

Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D Deputy General Counsel
Robert E. Driscoll, Jr.
6/9/2026 | 4:03 AM MST
252 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 8 of 31
Axon Cloud Services Terms of Use Appendix

1. Definitions.

1.1. “Data Controller” means the natural or legal person, public authority, or any other body which alone or jointly with others determines the purposes and means of the processing of Personal Data.

1.2. “Data Processor” means a natural or legal person, public authority or any other body which processes Personal Data on behalf of the Data Controller.

1.3. "Customer Content" is data uploaded into, ingested by, or created in Axon Cloud Services within Customer’s tenant, including media or multimedia uploaded into Axon Cloud Services by Customer.

Customer Content includes Evidence but excludes Non-Content Data.

1.4. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by Customer. Evidence is a subset of Customer Content.

1.5. “End User” means the natural person subject to Customer’s authorized license grant who ultimately uses the Cloud Services as provided under this Agreement. End Users must adhere to the terms of use and are subject to any usage restrictions or limitations specified in this Agreement.

1.6. "Non-Content Data" is data, configuration, and usage information about Customer’s Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include Customer Content.

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

1.8. "Provided Data" means de-identified, de-personalized, data derived from Customer's TASER energy weapon deployment reports, related TASER energy weapon logs, body-worn camera footage, and incident reports.

1.9. “Subprocessor” means any third party engaged by the Data Processor to assist in data processing activities that the Data Processor is carrying out on behalf of the Data Controller.

1.10."Transformed Data" means the Provided Data used for the purpose of quantitative evaluation of the performance and effectiveness of TASER energy weapons in the field across a variety of circumstances.

2. Access. Upon Axon granting Customer a subscription to Axon Cloud Services, Customer may access and use Axon Cloud Services to store and manage Customer Content. Customer may not exceed the total number of End Users specified in the Quote. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence access granted solely for TASER, Customer may access and use Axon Evidence only to store and manage TASER CEW data ("TASER Data") and Customer may not upload non-TASER Data to Axon Evidence.

3. Customer Owns Customer Content. Customer controls and owns all rights, title, and interest in Customer Content. Except as outlined herein, Axon obtains no interest in Customer Content, and Customer Content is not Axon’s business records. Customer is solely responsible for uploading, sharing, managing, and deleting Customer Content. Axon will only have access to Customer Content for the limited purposes set forth herein.

Customer agrees to allow Axon access to Customer Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products.

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

5. Customer Responsibilities. Customer is responsible for (a) ensuring Customer owns Customer Content or has the necessary rights to use Customer Content (b) ensuring no Customer Content or Customer’s authorized End Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 253 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 9 of 31
User’s use of Customer Content or Axon Cloud Services violates this Agreement or applicable laws; (c) maintaining necessary computer equipment and Internet connections for use of Axon Cloud Services and (d) verify the accuracy of any auto generated or AI-generated reports. If Customer becomes aware of any violation of this Agreement by an End User, Customer will immediately terminate that End User’s access to Axon Cloud Services.

5.1. Customer will also maintain the security of End User usernames and passwords and security and access by end users to Customer Content. Customer is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable Customer regulation and standards. Customer may not sell, transfer, or sublicense access to any other entity or person. If Customer provides access to unauthorized third-parties, Axon may assess additional fees along with suspending Customer’s access. Customer shall contact Axon immediately if an unauthorized party may be using Customer’s account or Customer Content, or if account information is lost or stolen.

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

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

7. Axon Body Wi-Fi Positioning. Axon Body cameras may offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance, within buildings or underground. Customer administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If Customer chooses to use this service, Axon must also enable the usage of the feature for Customer’s Axon Cloud Services tenant. Customer will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Customer’s Axon Cloud Services tenant.

8. Storage. For Axon Unlimited Device Storage subscriptions, Customer may store unlimited data in Customer's Axon Evidence account only if the Axon Device data is shared to Customer through Axon Evidence from a partner agency using Axon Evidence, or the data originates from Axon Capture or an Axon Device. Axon may charge Customer additional fees for exceeding purchased storage amounts. Axon may place Customer Content that Customer has not viewed or accessed for six (6) months into archival storage. Customer Content in archival storage will not have immediate availability and may take up to twenty-four (24) hours to access.

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

8.2. Location of Storage. Axon may transfer Customer Content to third-party subcontractors for storage. Axon will determine the locations of data centers for storage of Customer Content If Customer is located in the United States, Canada, or Australia, Axon will ensure all Customer Content stored in Axon Cloud Services remains in the country where Customer is located Ownership of Customer Content remains with Customer.

9. Suspension. Axon may temporarily suspend Customer’s or any End User’s right to access or use any portion or all of Axon Cloud Services immediately upon notice, if Customer or End User’s use of or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third-party; (b) adversely impact Axon Cloud Services, the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any thirdparty to liability; or (d) be fraudulent. Customer remains responsible for all fees incurred through suspension.

Axon will not delete Customer Content because of suspension, except as specified in this Agreement.

10. Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before Customer uploads data to Axon Cloud Services Service Offerings will be subject to the Axon Cloud Services Service Level Agreement, a current version of which is available at https://www.axon.com/products/axon-evidence/sla.

11. Roles of the Parties. To the extent that Customer is the Data Controller of Personal Data, Axon is its Data Processor. To the extent that Customer is a Data Processor of Personal Data, Axon is its Subprocessor.

Notwithstanding the foregoing, to the extent any usage data (including query logs and metadata) Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 254 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 10 of 31
and/or operations data (including billing and support data) in connection with Customer’s use of the Services (collectively “Usage and Operations Data”) is considered Personal Data, Axon is an independent Data Controller and shall Process such data in accordance with the Agreement and applicable data protection laws to develop, improve, support, and operate its products and services. For the avoidance of doubt, Axon will not disclose any Usage and Operations Data that includes confidential information with a third party except (a) in accordance with the relevant confidentiality provisions in the Agreement, or (b) to the extent the Usage and Operations Data is, in accordance with applicable data protection laws, anonymized, de-identified, and/or aggregated such that it can no longer directly or indirectly identify Customer or any particular individual.

12. TASER Data Science Program. Axon will provide a quantitative evaluation on the performance and effectiveness of TASER energy weapons in the field across a variety of circumstances.

12.1.If Customer purchases the TASER Data Science Program, Customer grants Axon, its affiliates, and assignees an irrevocable, perpetual, fully paid, royalty-free, and worldwide right and license to use Provided Data solely for the purposes of this Agreement and to create Transformed Data. Customer shall own all rights and title to Provided Data. Axon shall own all rights and title to Transformed Data and any derivatives of Transformed Data.

12.2.Axon grants to Customer an irrevocable, perpetual, fully paid, royalty-free, license to use to TASER Data Science report provided to Customer for its own internal purposes. The Data Science report is provided “as is” and without any warranty of any kind.

12.3.In the event Customer seeks Axon’s deletion of Provided Data, it may submit a request to [email protected]. Where reasonably capable of doing so, Axon will implement the request but at a minimum will not continue to collect Provided Data from Customer.

13. Axon Records. The following terms apply to Axon Records. Customers may purchase Axon Records either as part of an OSP 7 or OSP 10 plan or individually through a Quote.

13.1.Axon Record subscription begins on the later of the (1) start date of the Quote, or (2) the date Axon provisions Axon Records to Customer. The Axon Records Subscription Term will end upon the completion of the Axon Records Subscription as documented in the Quote, or if purchased as part of an OSP 7 or OSP 10 plan, upon completion of the OSP 7 or OSP 10 Term ("Axon Records Subscription Term").

13.2.An "Update" is a generally available release of Axon Records that Axon makes available from time to time.

An "Upgrade" includes (i) new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide additional features or perform additional functions. Upgrades exclude new products that Axon introduces and markets as distinct products or applications. During the Customer’s Axon Records Subscription Term Axon will provide Update and Upgrade releases to the Customer on an if-and-when available basis.

13.3.New or additional Axon products and applications, as well as any Axon professional services needed to configure Axon Records, are not included as part of the Axon Records Subscription.

13.4.End Users of Axon Records may upload files to entities (incidents, reports, cases, etc.) in Axon Records with no limit to the number of files and amount of storage. Notwithstanding the foregoing, Axon may limit usage should the Customer exceed an average rate of one-hundred (100) GB per user per year of uploaded files. Axon will not bill for overages.

14. FUSUS. If Customer purchases a subscription to FUSUS, the following terms apply:

14.1.License and Storage. The specific license number(s) and associated data storage terms for FUSUS subscription and Axon Devices shall be set forth in the applicable Quote provided by Axon.

14.2.Third party Components. Customer is responsible for use of any internet access devices and/or all thirdparty hardware, software, services, telecommunication services (including Internet connectivity), or other items used by Customer to access the service (“Third-Party Components”) are the sole and exclusive responsibility of Customer, and Axon has no responsibility for such Third-party Components, FUSUS cloud services, or Customer relationships with such third parties. Customer agrees to at all times comply with the lawful terms and conditions of agreements with such third parties. Axon does not represent or warrant that the FUSUS cloud services and the Customer Content are compatible with any specific third-party hardware or software or any other Third-Party Components. Customer is responsible for providing and maintaining an operating environment as reasonably necessary to accommodate and access the FUSUS cloud services.

Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 255 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 11 of 31

14.3.Data Privacy. Axon may collect, use, transfer, disclose and otherwise process Customer Content in the context of facilitating communication of data with Customer through their use of FUSUS cloud services FUSUS app (iOS or Android interface), complying with legal requirements, monitoring the Customer’s use of FUSUS systems, and undertaking data analytics.

14.4.Hardware Allowance. If Customer purchases a hardware allowance, Customer may select hardware up to the value if the allowance. Axon does not provide refunds for unused portions of the allowance.

15. Carbyne Products and Services

15.1.Privacy Policy. Carbyne Privacy Policy governs the collection, use and disclosure of certain data provided to Axon in connection with Customer’s use of the Carbyne products and services. The current policy is located: https://carbyne.com/app-privacy-policy/ and is incorporated into this Agreement by reference.

15.2.Data Retention and Storage. Unless Customer provides Axon with written instruction otherwise, Axon will retain Customer Content which uploaded to the Carbyne cloud services or which is recorded or stored in the course of your use of the Carbyne products and services, for a period of two years (the period we retain your data referred to as the “Data Retention Period”), provided that Customer acknowledges it is responsible for your compliance with any applicable data retention laws. Customer Content is automatically deleted after the Data Retention Period; however, at any time prior to such deletion, Customer may download Customer Content which has been stored on the Carbyne Cloud Services. Customer is solely responsible for the retention of such data for any applicable retention periods and for the purpose of any subsequent data requests.

15.3.Disclaimer. CUSTOMER ACKNOWLEDGES THE CARBYNE PRODUCTS DO NOT PROVIDE TELEPHONE SERVICES, INTERCONNECTED VOIP SERVICES, OR 911 SERVICES. AXON MAKES NO REPRESENTATION THAT CARBYNE PRODUCTS ARE AN INTERCONNECTED VOIP SERVICE.

16. Prepared Products and Services.

16.1.Prepared product deployment timelines for Prepared products within the Scope of Work (SOW) shall be mutually agreed to by the Parties in the SOW. The initial deployment of Assistive Call Taking (ACT) may take up to 12 months from the execution of the SOW and the service start date listed in the Agreement; deployments of the remaining Prepared products may take up to twenty-four (24) months from the execution of the SOW. Axon must confirm feasibility based on technical requirements for Prepared products prior to the execution of the SOW.

16.2.Customers using Solacom (Comtech CHE) call handling equipment in a multi-tenant configuration are not eligible for Prepared ACT or Prepared AQA, as call audio cannot be isolated to a single agency. Such Customers remain eligible for ANET and Assistive Dispatch. Customers on Solacom single-tenant configurations are eligible for all Prepared products, subject to SPAN port fees described below.

17. Axon Community Request Storage. If Community Request is included as part of Customer’s Quote or combined offering, Customer may store an unlimited amount of data submitted through the public portal ("Portal Content"), within Customer’s Axon Evidence instance. The post-termination provisions outlined in the Axon Cloud Services Terms of Use Appendix also apply to Portal Content.

18. Performance Auto-Tagging Data. If Axon Performance is included in Customer’s Quote or a combined offering, Axon will store call for service data from Customer’s CAD or RMS in order to provide services and features of Axon Performance to Customer.

19. Axon Cloud Services Restrictions. Customer and Customer End Users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to:

19.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services;

19.2.reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same;

19.3.access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;

19.4.use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement;
Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 256 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 12 of 31

19.5.access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services;

19.6.remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Cloud Services; or

19.7.use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; material in violation of third-party privacy rights; or malicious code.

20. After Termination. Axon will not delete Customer Content for ninety (90) days following termination. Axon Cloud Services will not be functional during these ninety (90) days other than the ability to retrieve Customer Content.

Customer will not incur additional fees if Customer downloads Customer Content from Axon Cloud Services during this time. Axon has no obligation to maintain or provide Customer Content after these ninety (90) days and will thereafter, unless legally prohibited, delete all Customer Content. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Customer Content from Axon Cloud Services.

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

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

23. Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive: Customer Owns Customer Content, Privacy, Storage, Axon Cloud Services Warranty, Customer Responsibilities and Axon Cloud Services Restrictions.

Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 257 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 13 of 31
Axon Customer Experience Improvement Program Appendix
The ACEIP is designed to accelerate Axon’s development of technology, such as building and supporting automated features, aiming to increase safety within communities and efficiency in public safety. Axon may make limited use of Customer Content from participating customers to provide, develop, improve, and support current and future Axon products (collectively, “ACEIP Purposes”). ACEIP has 2 modes of participation, Basic and Custom. Customer is enrolled in ACEIP Basic by default. If Customer does not want to participate in ACEIP Basic, ACEIP Custom, or both, Customer can revoke its consent at any time via email to [email protected].

Axon Obligations
ACEIP Basic
When Axon uses Customer Content for ACEIP Purposes, Axon will:
• Use Customer Content only for ACEIP Purposes.
• Prohibit direct human access to Customer Content, including by Axon personnel and subprocessors, except as needed to perform or validate deletion.
• Retain Customer Content only as long as needed to create Transformed Content (defined below) and validate the transformations.
• Apply privacy-preserving transformations that remove identifying information appropriate to the use case (“Transformed Content”). AI model weights and similar insights that do not contain Customer Content are Transformed Content. Transformed Content is not Customer Content. • Retain and permit direct human access to Transformed Content for ACEIP Purposes. • Maintain security, privacy, and data governance programs as described in the Axon Cloud Services Terms Appendix, and apply them to ACEIP.

Transparency Portal Publication
Before activating a use case, Axon will publish it on the Axon Transparency Portal, including the product development purpose, data types involved, and privacy-preserving techniques used. Axon will also notify ACEIP participants when the Transparency Portal is updated with a new or materially changed use case. Fifteen (15) calendar days after notification, Axon may activate the use case for all Basic participants.

Opt Out
Customer may opt out of ACEIP Basic at any time via [email protected]. Axon endeavors to implement opt outs within fifteen (15) calendar days. Transformations of Customer Content cease when Axon implements the opt out. Axon may retain Transformed Content created before it implemented the opt out request.

ACEIP Custom
Custom use cases may be governed by separate written terms between Axon and Customer. Those terms will control that use case. Please direct inquiries regarding Custom participation to [email protected].

Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 258 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 14 of 31
Professional Services Appendix
If any of the Professional Services specified below are included on the Quote, this Appendix applies.

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

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

System set up and configuration
• Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories and custom roles based on Customer need • Register cameras to Customer domain
• Troubleshoot IT issues with Axon Evidence and Axon Dock ("Dock") access • One on-site session included
Dock configuration
• Work with Customer to decide the ideal location of Docks and set configurations on Dock • Authenticate Dock with Axon Evidence using admin credentials from Customer • On-site assistance, not to include physical mounting of docks Best practice implementation planning session
• Provide considerations for the establishment of video policy and system operations best practices based on Axon’s observations with other customers
• Discuss the importance of entering metadata in the field for organization purposes and other best practices for digital data management
• Provide referrals of other customers using the Axon camera devices and Axon Evidence • Recommend rollout plan based on review of shift schedules System Admin and troubleshooting training sessions
Step-by-step explanation and assistance for Customer’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence.

Axon instructor training (Train the Trainer)
Training for Customer’s in-house instructors who can support Customer’s Axon camera and Axon Evidence training needs after Axon has fulfilled its contractual on-site obligations.

Evidence sharing training
Tailored workflow instruction for Investigative Units on sharing cases and evidence with local prosecuting agencies.

Users go-live training and support sessions
• Assistance with device set up and configuration
• Training on device use, Axon Evidence, and Evidence Sync Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide.

Post go-live review

3. Body-Worn Camera Starter Service (Axon Starter). Axon Starter includes advance remote project planning and configuration support and one (1) day of on-site Services and a professional services manager to work closely with Customer to assess Customer’s deployment and determine which Services are appropriate. If Customer requires more than one (1) day of on-site Services, Customer must purchase additional on-site Services. The Axon Starter options include:

System set up and configuration (Remote Support)
• Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories & custom roles based on Customer need Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 259 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 15 of 31
• Troubleshoot IT issues with Axon Evidence and Dock access Dock configuration
• Work with Customer to decide the ideal location of Dock setup and set configurations on Dock • Authenticate Dock with Axon Evidence using "Administrator" credentials from Customer • Does not include physical mounting of docks
Axon instructor training (Train the Trainer)
Training for Customer’s in-house instructors who can support Customer’s Axon camera and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations User go-live training and support sessions
• Assistance with device set up and configuration
• Training on device use, Axon Evidence, and Evidence Sync Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide

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

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

System set up and configuration
• Configure Axon Evidence categories & custom roles based on Customer need. • Troubleshoot IT issues with Axon Evidence.
• Register users and assign roles in Axon Evidence.
• For the CEW Full-Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included Dedicated Project Manager
Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager). Ideally, Project Manager will be assigned to Customer 4–6 weeks before rollout.

Best practice implementation planning session to include:
• Provide considerations for the establishment of CEW policy and system operations best practices based on Axon’s observations with other customers.
• Discuss the importance of entering metadata and best practices for digital data management. • Provide referrals to other customers using TASER CEWs and Axon Evidence. • For the CEW Full-Service Package: On-site assistance included. • For the CEW Starter Package: Virtual assistance included.

System Admin and troubleshooting training sessions
On-site sessions providing a step-by-step explanation and assistance for Customer’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence.

Axon Evidence Instructor T raining
• Provide training on the Axon Evidence to educate instructors who can support Customer’s subsequent Axon Evidence training needs.
• For the CEW Full-Service Package: Training for up to 3 individuals at Customer’s facility • For the CEW Starter Package: Training for up to 1 individual virtually TASER CEW inspection and device assignment
Axon’s on-site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence.

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

For the CEW Starter Package: Virtual assistance included.

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

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

Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 260 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 16 of 31
Return of Old Weapons
Axon’s on-site professional service team will ship all old weapons back to Axon’s headquarters.

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

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

System set up and configuration (Remote Support)
• Instructor-led setup of Axon VR headset content
• Configure Customer settings based on Customer need
• Troubleshoot IT issues with Axon VR headset
Axon instructor training (Train the Trainer)
Training for up to five (5) Customer in-house instructors who can support Customer's Axon VR CET and SIM training needs after Axon has fulfilled its contracted on-site obligations.

Classroom and practical training sessions
Step-by-step explanation and assistance for Customer's configuration of Axon VR CET and SIM functionality, basic operation, and best practices.

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

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

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

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

11. Axon Justice Implementation. Axon Justice Implementation includes advanced remote project planning, configuration support, and training. Axon Justice Implementation includes:

System set up and configuration
• Axon performs discovery to understand and document the Agency’s needs. • Axon collaborates with the Client to configure workflows, permissions, and privileges within Axon Evidence based on the Client’s needs.
• Axon will facilitate a workflow discussion with the core admin team.

Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 261 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 17 of 31
Disclosures
• Axon enables the Client to share digital evidence to the defense through the following methods as determined by Client and Axon:

1. Public Defender Case Sharing

2. Disclosure Portal

3. Download Links
Training
• Agency Trainers. Axon works with the Agency to identify the Agency trainers receiving instruction on the product. Axon provides a training guide that outlines the covered topics, intended audience, facility needs, and duration of the training. Axon will schedule a cadence of remote training sessions as needed, which are not to exceed three (3) 2-hour training sessions for Agency staff.

Each session can accommodate up to 20 users and will train them in full system functionality.

Training sessions provided by Axon are conducted on consecutive weekdays (Tuesday-Thursday) during normal business hours (9am-6pm with an hour break in between sessions). After the initial training, is responsible for any future training. Axon provides all training materials for successful training.
• Partner Agencies: Axon will provide Train the Trainer training to the Agency so that it is equipped to train and support their partner agencies. Ensuring the partner agencies are trained to follow the ingestion method is the Agency’s responsibility.

Go-Live Plan
• Axon works in partnership with the Agency to build, coordinate, and execute a Go-Live plan to ensure successful system acceptance. Axon coordinates the Go-Live event.

Implementation document packet
• Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide
Post go-live review

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

13. Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays. Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Customer travel time by Axon personnel to Customer premises as work hours.

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

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

15. Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Axon Devices ("User Documentation"). User Documentation will include all required environmental specifications for the professional services and Axon Devices to operate per the Axon Device User Documentation. Before installation of Axon Devices (whether performed by Customer or Axon), Customer must prepare the location(s) where Axon Devices are to be installed ("Installation Site") per the environmental specifications in the Axon Device User Documentation.

Following installation, Customer must maintain the Installation Site per the environmental specifications. If Axon modifies Axon Device User Documentation for any Axon Devices under this Agreement, Axon will provide the update to Customer when Axon generally releases it.

Additional Trainings. If the Customer purchases a training voucher, Customer must use the voucher within one (1) year of issuance, or the voucher will be void. The voucher has no cash value. Customer cannot exchange it for another device or service. Unless stated in the Quote, the voucher does not include travel expenses and will be Customer responsibility.

16. Acceptance. When Axon completes professional services, Axon will present an acceptance form ("Acceptance Form") to Customer. Customer will sign the Acceptance Form acknowledging completion. If Customer reasonably believes Axon did not complete the professional services in substantial conformance with this Agreement, Customer Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 262 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 18 of 31
must notify Axon in writing of the specific reasons for rejection within seven (7) calendar days from delivery of the Acceptance Form. Axon will address the issues and re-present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within seven (7) calendar days of delivery of the Acceptance Form, the professional services will be deemed accepted by Customer.

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

Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 263 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 19 of 31
Technology Assurance Plan Appendix
If Technology Assurance Plan ("TAP") or a combined offering including TAP is on the Quote, this appendix applies.

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

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

3. TAP Refresh. If Customer has no outstanding payment obligations and purchased TAP, Axon will provide Customer a new Axon Device ("Device Refresh") as scheduled in the Quote. If Customer purchased TAP, Axon will provide a Device Refresh that is the same or like Axon Device, at Axon’s option. Axon makes no guarantee the Device Refresh will utilize the same accessories or Axon Dock.

4. Dedrone Refresh. Under the Dedrone Refresh Program (“Program”), you will receive replacement hardware for each covered product purchased under the Program. The replacement hardware will be the same model as, or a comparable model to, the original. The Program does not require Axon to provide next-generation or upgraded versions. You are not required to return the original hardware upon receipt of the replacement.

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

6. Refresh Delay. Axon may ship the Axon Device and Dock Refreshes as scheduled in the Quote without prior confirmation from Customer unless the Parties agree in writing otherwise at least ninety (90) days in advance. Axon may ship the final Axon Device and Dock Refreshes as scheduled in the Quote sixty (60) days before the end of the Subscription Term without prior confirmation from Customer.

7. Upgrade Change. If Customer wants to upgrade Axon Device models from the current Axon Device to an upgraded Axon Device, Customer must pay the price difference between the MSRP for the current Axon Device and the MSRP for the upgraded Axon Device. If the model Customer desires has an MSRP less than the MSRP of the offered Axon Device Refreshes or Dock Refresh, Axon will not provide a refund. The MSRP is the MSRP in effect at the time of the upgrade. For Dedrone devices Axon does not guarantee that next-gen products will be available at the time of refresh.

8. Return of Original Axon Device. Except for any Dedrone devices, within thirty (30) days of receiving a Deviceor Dock Refresh, Customer must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon including serial numbers for the destroyed Axon Devices. If Customer does not return or destroy the Axon Devices, Axon will deactivate the serial numbers for the Axon Devices received by Customer. For Dedrone hardware, the Customer has no obligation to return or destroy the hardware under the TAP program.

9. Termination. If TAP or OSP terminates or expires:

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

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

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

Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 264 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 20 of 31
TASER Device Appendix
This TASER Device Appendix applies to Customer’s TASER 7, TASER 10, OSP 7, OSP 10, OSP Plus, OSP 7 Plus Premium OSP 10 Plus Premium and the TASER component of any TASER mounted drones purchased from Axon, if applicable.

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

2. Training. If the Quote includes a TASER On Demand Certification subscription, Customer will have on-demand access to TASER Instructor and TASER Master Instructor courses only for the duration of the TASER Subscription Term. Axon will issue a maximum of ten (10) TASER Instructor vouchers and ten (10) TASER Master Instructor vouchers for every one thousand TASER Subscriptions purchased. Customer shall utilize vouchers to register for TASER courses at their discretion; however, Customer may incur a fee for cancellations less than 10 business days prior to a course date or failure to appear to a registered course. The voucher has no cash value. Customer cannot exchange voucher for any other Device or Service. Any unused vouchers at the end of the Term will be forfeited. A voucher does not include any travel or other expenses that might be incurred related to attending a course.

3. Limited Warranty.

3.1. “Deployment” means use of the TASER weapon resulting in the discharge of the conducted energy weapon (“CEW”) cartridge probe. For TASER 10 each probe discharged is consider one Deployment and for TASER 7 the dual probe discharged is considered one Deployment.

3.2. Single User Warranty. If the TASER Device is assigned and used by a single user, Axon warrants that Axonmanufactured TASER Device is free from defects in workmanship and materials for the earlier of: one (1) year from the date of Customer’s receipt or 100.

3.3. Pooled User Warranty. If the TASER Device is assigned and used by multiple users, Axon warrants that Axonmanufactured TASER Device is free from defects in workmanship and materials for the earlier of: one (1) year from the date of Customer’s receipt or, 100 Deployments.

3.4. Training User Devices. If the TASER Device is used for training, Axon warrants that Axon-manufactured TASER Device is free from defects in workmanship and materials for the earlier of: one (1) year from the date of Customer’s receipt or 100 Deployments.

3.5. TASER 10L Devices. If the TASER Device is a TASER 10L (TASER 10 Light) as defined in the Quote, Axon warrants that the TASER Device is free from defects in workmanship and materials for the earlier of one (1) year from the date of Customer’s receipt or 100 Deployments.

3.6. CEW Cartridges. Used CEW cartridges are deemed to have operated properly.

3.7. Remaining Terms. The remaining Warranty terms of the Agreement including Disclaimer, Claims, Spare Axon Devices and Limitations shall apply to this TASER Device Appendix.

3.8. Registration. Prior to use of the TASER Device, Customer must register each TASER Device in TASER Device Axon Evidence tenancy as a single user, pooled or training device. Failure to properly register the TASER Device prior to its use may void the warranty at Axon’s sole discretion.

4. Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period begins upon the expiration of the Limited Warranty and continues for the period defined in the Quote. Each additional year of warranty purchased will be in accordance with the applicable Limited Warranty category above. The maximum warranty period that may be purchased for an individual TASER Device will be the earlier of five (5) years or 500 Deployments, this includes the Limited Warranty. Limited Warranty. Reduced Life TASER 10L device has a maximum warranty that may be purchased will be the earlier of two (2) years or 200 including the Limited Warranty.

5. Upgrade Change. If Customer wants to upgrade TASER Device from the current TASER Device to an upgraded Axon TASER Device that was not available at the time the parties entered into the original Quote, Customer must pay the price difference between the MSRP for the current TASER Device and the MSRP for the upgraded TASER Device. If the model Customer desires has an MSRP less than the MSRP of the offered new TASER Device, Axon will not provide a refund. The MSRP is the MSRP in effect at the time of the upgrade.

6. Trade-in. If the Quote contains a discount on CEW-related line items and that discount is contingent upon the tradeDocusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 265 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 21 of 31
in of hardware, Customer must return used hardware and accessories associated with the discount ("Trade-In Units") to Axon within the below prescribed timeline. Customer must ship batteries via ground shipping. Axon will provide Customer with a pre-paid shipping label for the return of the Trade-In Units. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Customer the value of the trade-in credit. Customer may not destroy Trade-In Units and receive a trade-in credit.

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

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

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

9. Apollo Grant (US only). If Customer has received an Apollo Grant from Axon, Customer must pay all fees in the Quote prior to upgrading to any new TASER Device offered by Axon.

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

10.1.TASER Device extended warranties and access to Training Content will terminate. No refunds will be given.

10.2.Customer will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER Device plan.

10.3.Axon will invoice Customer the remaining MSRP for TASER Devices received before termination. If terminating for non-appropriation, Axon will not invoice Customer if Customer returns the TASER Device, rechargeable battery, holster, dock, core, training suits, and unused cartridges to Axon within thirty (30) days of the date of termination.

Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 266 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 22 of 31
Axon Auto-Tagging Appendix
If Auto-Tagging is included on the Quote, this Appendix applies.

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

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

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

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

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

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

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

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

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

4.6. Ensure that all appropriate data backups are performed;

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

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

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

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

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

Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 267 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 23 of 31
Axon ALPR Appendix
If Axon Fleet 2, Axon Fleet 3, or any future generation of Axon Fleet (collectively, “Axon Fleet”) or Axon Outpost or Axon Lightpost (collectively all “ALPR Products”) is included on the Quote, this Appendix applies.

1. Customer Responsibilities.

1.1. Customer must ensure its infrastructure and vehicles adhere to the minimum requirements to operate Axon ALPR Products as established by Axon during the qualifier call and on-site assessment at Customer and in any technical qualifying questions. If Customer’s representations are inaccurate, the Quote is subject to change.

1.2. Customer is responsible for providing a suitable work area for Axon or Axon third-party providers to install Axon ALPR Products into Customer vehicles and/or at designated installation location(s).s Customer is responsible for making available all vehicles for which installation services were purchased and preparing all installation sites, during the agreed upon onsite installation dates, Failure to make vehicles available or prepare installation sites may require an equitable adjustment in fees or schedule

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

3. Axon Fleet Specific Terms.

3.1. Cradlepoint. If Customer purchases Cradlepoint hardware, software, or services, Customer will comply with Cradlepoint’s end user license agreement. The term of the Cradlepoint license may differ from the Axon Evidence Subscription. If Customer requires Cradlepoint support, Customer will contact Cradlepoint directly. By accepting a Quote including Cradlepoint products, Customer designates and authorizes Axon as its partner of record for purposes of Cradlepoint product renewals, support coordination, and other relevant functions. This designation applies to all Cradlepoint products acquired by Customer during the Subscription Term of the applicable Quote whether directly from Cradlepoint, through Axon, or through any third-party vendor or distributor. Axon shall have no liability to Customer or any third party arising out of or relating to Axon’s acts or omissions as the Partner of Record. Customer has the right to opt out of this authorization at any time by providing prior written notification to both Axon and Cradlepoint. Upon such notification, the designation will be removed. This authorization remains effective until formally removed in accordance with this section or as otherwise agreed between the parties in the Agreement.

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

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

24. Axon Outpost Specific Terms.

3.4. Outpost License and Permits. Customers will obtain, maintain all legally required permits, authorizations, and/or licensing in order to place, maintain, and/or remove the Axon Outpost device at the installation location including licenses or permits for fixed installation of poles. If mutually agreed by the parties, Axon or an Axon authorized subcontractor may assist with obtaining the necessary local, state, or Federal approvals before installing Axon Outpost.

25. Installation. Customer will adhere to the installation requirements as agreed in the Outpost SOW.

26. Vandalism or Motor Vehicle Accident Warranty. If Customer purchases the Vandalism and Accident warranty, Axon will provide up to two (2) replacements per warranty purchased if your Outpost is damaged due to vandalism or a motor vehicle accident. Axon will make a commercially reasonable effort Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 268 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 24 of 31
to provide new installation free of charge, but installation may require additional cost. Axon does not provide refunds or credits if the warranty is not used during the Term of the Quote.

27. Axon Lightpost Specific Terms.

3.5. Ubicquia. If Customer purchases Lightpost hardware and installation services, any warranties for the hardware are provided exclusively by the third-party manufacturer Ubicquia. All hardware-related support or warranty claims must be directed to the respective third-party provider. Axon is not responsible for servicing or replacing hardware. Axon will provide and support software components in accordance with the applicable Quote.

3.6. Installation. Installation of Axon Lightpost equipment will be performed by a third-party service provider authorized by Axon. Axon does not directly perform installation services.

3.7. Power. Customer agrees to supply a power source, in compliance with Lightpost requirements, at each site where a Lightpost device is installed. The power must be available on a 24-hour, 7 days per week (24/7) basis.

28. Wireless Offload Server

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

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

7.3 Updates. If Customer purchases WOS maintenance, Axon will make updates and error corrections to WOS ("WOS Updates") available electronically via the Internet or media as determined by Axon. Customer is responsible for establishing and maintaining adequate Internet access to receive WOS Updates and maintaining computer equipment necessary for use of WOS. The Quote will detail the maintenance term.

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

29. Acceptance Checklist. If Axon provides Services to Customer pursuant to any statement of work in connection with Axon ALPR Products, within seven (7) days of the date on which Customer retrieves Customer's vehicle(s) from the Axon installer or Axon Outpost or Axon Lightpost installation is complete, said ALPR Products having been installed and configured with tested and fully and properly operational hardware and software identified above, Customer will receive a Professional Services Acceptance Checklist to submit to Axon indicating acceptance or denial of said deliverables. In the event Customer does not respond to the Professional Services Acceptance Checklist within seven (7) business days, the installation of the ALPR Products and services shall be deemed accepted.

Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 269 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 25 of 31
Axon Virtual Reality Content Terms of Use Appendix
If Virtual Reality is included on the Quote, this Appendix applies.

1. Term. The Quote will detail the products and license duration, as applicable, of the goods, services, and software, and contents thereof, provided by Axon to Customer related to virtual reality (collectively, "Virtual Reality Media").

2. Headsets. Customer may purchase additional virtual reality headsets from Axon. In the event Customer decides to purchase additional virtual reality headsets for use with Virtual Reality Media, Customer must purchase those headsets from Axon.

3. License Restrictions. All licenses will immediately terminate if Customer does not comply with any term of this Agreement. If Customer utilizes more users than stated in this Agreement, Customer must purchase additional Virtual Reality Media licenses from Axon. Customer may not use Virtual Reality Media for any purpose other than as expressly permitted by this Agreement. Customer may not:

3.1. modify, tamper with, repair, or otherwise create derivative works of Virtual Reality Media;

3.2. reverse engineer, disassemble, or decompile Virtual Reality Media or apply any process to derive the source code of Virtual Reality Media, or allow others to do the same;

3.3. copy Virtual Reality Media in whole or part, except as expressly permitted in this Agreement;

3.4. use trade secret information contained in Virtual Reality Media;

3.5. resell, rent, loan or sublicense Virtual Reality Media;

3.6. access Virtual Reality Media to build a competitive device or service or copy any features, functions, or graphics of Virtual Reality Media; or

3.7. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Virtual Reality Media or any copies of Virtual Reality Media.

4. Privacy. Customer’s use of the Virtual Reality Media is subject to the Axon Virtual Reality Privacy Policy, a current version of which is available at https://www.axon.com/axonvrprivacypolicy.

5. Termination. Axon may terminate Customer’s license immediately for Customer’s failure to comply with any of the terms in this Agreement.

Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 270 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 26 of 31
Axon Application Programming Interface Appendix
This Appendix applies if Axon’s API Services or a subscription to Axon Cloud Services are included on the Quote.

1. Definitions.

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

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

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

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

2. Purpose and License.

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

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

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

3. Configuration. Customer will work independently to configure Customer’s API Client with API Service for Customer’s applicable Use. Customer will be required to provide certain information (such as identification or contact details) as part of the registration. Registration information provided to Axon must be accurate. Customer will inform Axon promptly of any updates. Upon Customer’s registration, Axon will provide documentation outlining API Service information.

4. Customer Responsibilities. When using API Service, Customer and its End Users shall not:

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

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

4.3. perform an action with the intent of introducing any virus, worm, defect, Trojan horse, malware, or any item of a destructive nature to Axon Devices and Services;

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

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

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

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

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

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

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

4.11. disclose Axon’s API manual.

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

Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 271 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 27 of 31

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

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

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

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

6. Prohibitions on API Content. Neither Customer nor its End Users will use API content returned from the API Interface to:

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

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

6.3. misrepresent the source or ownership; or

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

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

Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 272 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 28 of 31
My90 Terms of Use Appendix

1. Definitions.

1.1. "My90" means Axon’s proprietary platform and methodology to obtain and analyze feedback, and other related offerings, including, without limitation, interactions between My90 and Axon products.

1.2. "Recipient Contact Information" means contact information, as applicable, including phone number or email address (if available) of the individual whom Customer would like to obtain feedback.

1.3. "Customer Data" means

1.3.1. "My90 Customer Content" which means data, including Recipient Contact Information, provided to My90 directly by Customer or at their direction, or by permitting My90 to access or connect to an information system or similar technology. My90 Customer Content does not include My90 NonContent Data.

1.3.2. "My90 Non-Content Data" which means data, configuration, and usage information about Customer's My90 tenant, and client software, users, and survey recipients that is Processed (as defined in Section 1.6 of this Appendix) when using My90 or responding to a My90 Survey. My90 Non-Content Data includes data about users and survey recipients captured during account management and customer support activities. My90 Non-Content Data does not include My90 Customer Content.

1.3.3. "Survey Response" which means survey recipients' response to My90 Survey.

1.4. "My90 Data" means

1.4.1. "My90 Survey" which means surveys, material(s) or content(s) made available by Axon to Customer and survey recipients within My90.

1.4.2. "Aggregated Survey Response" which means Survey Response that has been de-identified and aggregated or transformed so that it is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to, a particular individual.

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

1.6. "Processing" means any operation or set of operations which is performed on data or on sets of data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

1.7. "Sensitive Personal Data" means Personal Data that reveals an individual’s health, racial or ethnic origin, sexual orientation, disability, religious or philosophical beliefs, or trade union membership.

2. Access. Upon Axon granting Customer a subscription to My90, Customer may access and use My90 to store and manage My90 Customer Content, and applicable My90 Surveys and Aggregated Survey Responses. This Appendix is subject to the Terms and Conditions of Axon’s Master Service and Purchasing Agreement or in the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern.

3. IP address. Axon will not store survey respondents’ IP address.

4. Customer Owns My90 Customer Content. Customer controls or owns all rights, titles, and interests in My90 Customer Content. Except as outlined herein, Axon obtains no interest in My90 Customer Content, and My90 Customer Content is not Axon’s business records. Except as set forth in this Agreement, Customer is responsible for uploading, sharing, managing, and deleting My90 Customer Content. Axon will only have access to My90 Customer Content for the limited purposes set forth herein. Customer agrees to allow Axon access to My90 Customer Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of My90 and other Axon products.

5. Details of the Processing. The nature and purpose of the Processing under this Appendix are further specified Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 273 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 29 of 31
in Schedule 1 Details of the Processing, to this Appendix.

6. Security. Axon will implement commercially reasonable and appropriate measures to secure Customer Data against accidental or unlawful loss, access, or disclosure. Axon will maintain a comprehensive information security program to protect Customer Data including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; security education; and data protection. Axon will not treat Customer Data in accordance with FBI CJIS Security Policy requirements and does not agree to the CJIS Security Addendum for this engagement or any other security or privacy related commitments that have been established between Axon and Customer, such as ISO 27001 certification or SOC 2 Reporting.

7. Privacy. Customer use of My90 is subject to the My90 Privacy Policy, a current version of which is available at https://www.axon.com/legal/my90privacypolicy. Customer agrees to allow Axon access to My90 Non-Content Data from Customer to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products including My90 and related services; and (c) enforce this Agreement or policies governing the use of My90 or other Axon products.

8. Location of Storage. Axon may transfer Customer Data to third-party subcontractors for Processing. Axon will determine the locations for Processing of Customer Data. For all Customer, Axon will Process and store Customer Data within the country in which Customer is located. Ownership of My90 Customer Content remains with Customer.

9. Required Disclosures. Axon will not disclose Customer Data that Customer shares with Axon except as compelled by a court or administrative body or required by any law or regulation. Axon will notify Customer if any disclosure request is received for Customer Data so Customer may file an objection with the court or administrative body, unless prohibited by law.

10. Data Sharing. Axon may share data only with entities that control or are controlled by or under common control of Axon, and as described below:

10.1. Axon may share Customer Data with third parties it employs to perform tasks on Axon’s behalf to provide products or services to Customer.

10.2. Axon may share Aggregated Survey Response with third parties, such as other Axon customers, local city agencies, private companies, or members of the public that are seeking a way to collect analysis on general policing and community trends. Aggregated Survey Response will not be reasonably capable of being associated with or reasonably linked directly or indirectly to a particular individual.

11. License and Intellectual Property. Customer grants Axon, its affiliates, and assignees the irrevocable, perpetual, fully paid, royalty-free, and worldwide right and license to use Customer Data for internal use including but not limited to analysis and creation of derivatives. Axon may not release Customer Data to any third party under this right that is not aggregated and de-identified. Customer acknowledges that Customer will have no intellectual property right in any media, good or service developed or improved by Axon. Customer acknowledges that Axon may make any lawful use of My90 Data and any derivative of Customer Data including, without limitation, the right to monetize, redistribute, make modification of, and make derivatives of the surveys, survey responses and associated data, and Customer will have no intellectual property right in any good, service, media, or other product that uses My90 Data.

12. Customer Use of Aggregated Survey Response. Axon will make available to Customer Aggregated Survey Response and rights to use for any Customer purpose.

13. Data Subject Rights. Taking into account the nature of the Processing, Axon shall assist Customer by appropriate technical and organizational measures, insofar as this is reasonable, for the fulfilment of Customer's obligation to respond to a Data Subject Request regarding any Personal Data contained within My90 Customer Content. If in regard to My90 Customer Content, Axon receives a Data Subject Request from Customer's data subject to exercise one or more of its rights under applicable Data Protection Law, Axon will redirect the data subject within seventy-two (72) hours, to make its request directly to Customer. Customer will be responsible for responding to any such request.

14. Assistance with Requests Related to My90 Customer Content. With regard to the processing of My90 Customer Content, Axon shall, if not prohibited by applicable law, notify Customer without delay after receipt, if Axon: (a) receives a request for information from the Supervisory Authority or any other competent authority regarding My90 Customer Content; (b) receives a complaint or request from a third party regarding the obligations of Customer or Axon under applicable Data Protection Law; or (c) receives any other communication which directly or indirectly pertains to My90 Customer Content or the Processing or protection of My90 Customer Content. Axon Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 274 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 30 of 31
shall not respond to such requests, complaints, or communications, unless Customer has given Axon written instructions to that effect or if such is required under a statutory provision. In the latter case, prior to responding to the request, Axon shall notify Customer of the relevant statutory provision and Axon shall limit its response to what is necessary to comply with the request.

15. Axon Evidence Partner Sharing. If Axon Evidence partner sharing is used to share My90 Customer Content, Customer will manage the data sharing partnership with Axon and access to allow only for authorized data sharing with Axon. Customer acknowledges that any applicable audit trail on the original source data will not include activities and processing performed against the instances, copies or clips that has been shared with Axon.

Customer also acknowledges that the retention policy from the original source data is not applied to any data shared with Axon. Except as provided herein, data shared with Axon may be retained indefinitely by Axon.

16. Data Retention. Phone numbers provided to Axon directly by Customer or at their direction, or by permitting My90 to access or connect to an information system or similar technology will be retained for twenty-four (24) hours.

Axon will not delete Aggregated Survey Response for four (4) years following termination of this Agreement. There will be no functionality of My90 during these four (4) years other than the ability to submit a request to retrieve Aggregated Survey Response. Axon has no obligation to maintain or provide Aggregated Survey Response after these four years and may thereafter, unless legally prohibited, delete all Aggregated Survey Response.

17. Termination. Termination of an My90 Agreement will not result in the removal or modification of previously shared My90 Customer Content or the potential monetization of Survey Response and Aggregated Survey Response.

18. Managing Data Shared. Customer is responsible for:

18.1. Ensuring My90 Customer Content is appropriate for use in My90. This includes, prior to sharing: (a) applying any and all required redactions, clipping, removal of metadata, logs, etc. and (b) coordination with applicable public disclosure officers and related legal teams;

18.2. Ensuring that only My90 Customer Content that is authorized to be shared for the purposes outlined is shared with Axon. Customer will periodically monitor or audit this shared data;

18.3. Using an appropriately secure data transfer mechanism to provide My90 Customer Content to Axon;

18.4. Immediately notify Axon if My90 Customer Content that is not authorized for sharing has been shared. Axon may not be able to immediately retrieve or locate all instances, copies or clips of My90 Customer Content in the event Customer requests to un-share previously shared My90 Customer Content;

19. Prior to enrollment in My90. Prior to enrolling in My90, Customer will:

19.1. determine how to use My90 in accordance with applicable laws and regulations including but not limited to consents, use of info or other legal considerations;

19.2. develop a set of default qualification criteria of what My90 Customer Content may be shared with Axon; and

19.3. assign responsibilities for managing what My90 Customer Content is shared with Axon and educate users on what data may or not be shared with Axon.

20. Customer Responsibilities. Customer is responsible for:

20.1. ensuring no My90 Customer Content or authorized Customer End User’s use of My90 Customer Content or My90
violates this Agreement or applicable laws;

20.2. providing, and will continue to provide, all notices and has obtained, and will continue to obtain, all consents and rights necessary under applicable laws for Axon to process Customer Data in accordance with this Agreement; and

20.3. maintaining necessary computer equipment and Internet connections for use of My90. If Customer becomes aware of any violation of this Agreement by an End User, Customer will immediately terminate that End User’s access to My90. Customer will also maintain the security of End User’s usernames and passwords and security and access by End Users to My90 Customer Content. Customer is responsible for ensuring the configuration and utilization of My90 meets applicable Customer regulations and standards.

Customer may not sell, transfer, or sublicense access to any other entity or person. Customer shall contact Axon immediately if an unauthorized party may be using Customer's account or My90 Customer Content or if account information is lost or stolen.

Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 275 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 31 of 31

21. Suspension. Axon may temporarily suspend Customer's or any End User’s right to access or use any portion or all of My90 immediately upon notice, if Customer or End User’s use of or registration for My90 may (a) pose a security risk to Axon products including My90, or any third-party; (b) adversely impact My90, the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third-party to liability; or (d) be fraudulent.

Customer remains responsible for all fees, if applicable, incurred through suspension. Axon will not delete My90 Customer Content or Aggregated Survey Response because of suspension, except as specified in this Agreement.

22. My90 Restrictions. Customer and Customer End Users, may not, or may not attempt to:

22.1. copy, modify, tamper with, repair, or create derivative works of any part of My90;

22.2. reverse engineer, disassemble, or decompile My90 or apply any process to derive any source code included in My90, or allow others to do the same;

22.3. access or use My90 with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;

22.4. use trade secret information contained in My90, except as expressly permitted in this Agreement;

22.5. access My90 to build a competitive product or service or copy any features, functions, or graphics of My90;

22.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within My90; or

22.7. use My90 to store or transmit infringing, libelous, or other unlawful or tortious material; to store or transmit material in violation of third-party privacy rights; or to store or transmit malicious code.

Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 276 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 32 of 31
Schedule 1- Details of the Processing

1. Nature and Purpose of the Processing. To help Customer obtain feedback from individuals, such as members of their community, staff, or officers. Features of My90 may include:

1.1. Survey Tool where Customer may create, distribute, and analyze feedback from individuals it designates.

Customer may designate members of the community, staff or officers from whom they would like to obtain feedback;

1.2. Creation of custom forms for surveys. Customer may select questions from a list of pre-drafted questions or create their own;

1.3. Distribution of survey via multiple distribution channels such as text message;

1.4. Ability to access and analyze Survey Response. Axon may also provide Customer Aggregated Survey Responses which contain analysis and insights from the Survey Response;

1.5. Direct integration into information systems including Computer Aided Dispatch ("CAD"). This will enable Customer to share contact information easily and quickly with Axon of any individuals from whom it wishes to obtain feedback, enabling Axon to communicate directly with these individuals;

1.6. Data Dashboard Beta Test ("Data Dashboard") where Survey Response and Aggregated Survey Response will be displayed for Customer use. Customer will be able to analyze, interpret, and share results of the Survey Response. My90 may provide beta versions of the Data Dashboard that are specifically designed for Customer to test before they are publicly available;

1.7. Survey Responses will be aggregated and de-identified and may be subsequently distributed and disclosed through various mediums to: (1) Customer; (2) other Axon Customer; (3) private companies; and (4) members of the public. The purpose of disclosure is to provide ongoing insights and comparisons on general policing and community trends. Prior to disclosing this information, Axon will ensure that the Survey Response has been de-identified and aggregated or transformed so that it is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual; and

1.8. Provide services and materials to engage Customer stakeholders, market the partnership to the public, and facilitate training.

Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 277 of 414
Master Services and Purchasing Agreement
Version: 25
Release Date: Page 33 of 31
Axon Event Offer Appendix
If the Agreement includes the provision of, or Axon otherwise offers, ticket(s), travel and/or accommodation for select events hosted by Axon (“Axon Event”), the following shall apply:

1. General. Subject to the terms and conditions specified below and those in the Agreement, Axon may provide Customer with one or more offers to fund Axon Event ticket(s), travel and/or accommodation for Customer-selected employee(s) to attend one or more Axon Events. By entering into the Agreement, Customer warrants that it is appropriate and permissible for Customer to receive the referenced Axon Event offer(s) based on Customer’s understanding of the terms and conditions outlined in this Axon Event Offer Appendix.

2. Attendee/Employee Selection. Customer shall have sole and absolute discretion to select the Customer employee(s) eligible to receive the ticket(s), travel and/or accommodation that is the subject of any Axon Event offer(s).

3. Compliance. It is the intent of Axon that any and all Axon Event offers comply with all applicable laws, regulations and ethics rules regarding contributions, including gifts and donations. Axon’s provision of ticket(s), travel and/or accommodation for the applicable Axon Event to Customer is intended for the use and benefit of Customer in furtherance of its goals, and not the personal use or benefit of any official or employee of Customer. Axon makes this offer without seeking promises or favoritism for Axon in any bidding arrangements. Further, no exclusivity will be expected by either party in consideration for the offer. Axon makes the offer with the understanding that it will not, as a result of such offer, be prohibited from any procurement opportunities or be subject to any reporting requirements.

If Customer’s local jurisdiction requires Customer to report or disclose the fair market value of the benefits provided by Axon, Customer shall promptly contact Axon to obtain such information, and Axon shall provide the information necessary to facilitate Customer's compliance with such reporting requirements.

4. Assignability. Customer may not sell, transfer, or assign Axon Event ticket(s), travel and/or accommodation provided under the Agreement.

5. Availability. The provision of all offers of Axon Event ticket(s), travel and/or accommodation is subject to availability of funds and resources. Axon has no obligation to provide Axon Event ticket(s), travel and/or accommodation.

6. Revocation of Offer. Axon reserves the right at any time to rescind the offer of Axon Event ticket(s), travel and/or accommodation to Customer if Customer or its selected employees fail to meet the prescribed conditions or if changes in circumstances render the provision of such benefits impractical, inadvisable, or in violation of any applicable laws, regulations, and ethics rules regarding contributions, including gifts and donations.

Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 278 of 414

Axon Enterprise, Inc.
17800 N 85th St
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic:(800) 978-2737
International: +1.800.978.2737
Q-818581-46119KP
Account Number: 112513
Payment Terms: N30
Mode of Delivery: AUTO-GND
Credit/Debit Amount: $0.00
Quote Summary Discount Summary
Quote Expiration: 06/30/2026
Estimated Contract Start Date: 10/15/2026
Issued: 04/07/2026

SHIP TO BILL TO
Union City Police Department - CA
34009 Alvarado Niles Rd
Union City,
CA
94587-4452
USA
Union City Police Department - CA
34009 Alvarado Niles Rd
Union City
CA
94587-4452
USA
Email:

SALES REPRESENTATIVE PRIMARY CONTACT
Kyle Panasewicz Andrew Holt
Phone: +1 4803294734 Phone: 510-675-5279
Email: [email protected] Email: [email protected] Fax: (480) 905-2071 Fax:

Program Length 60 Months
TOTAL COST $1,946,778.17
ESTIMATED TOTAL W/ TAX $1,995,420.50
Average Savings Per Year $149,496.89
TOTAL SAVINGS $747,484.45
Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 279 of 414

Payment Summary
Date Subtotal Tax Total
Sep 2026 $389,355.65 $9,728.44 $399,084.09
Sep 2027 $389,355.63 $9,728.44 $399,084.07
Sep 2028 $389,355.63 $9,728.44 $399,084.07
Sep 2029 $389,355.63 $9,728.44 $399,084.07
Sep 2030 $389,355.63 $9,728.57 $399,084.20
Total $1,946,778.17 $48,642.33 $1,995,420.50
Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 280 of 414

Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 95 60 $0.00 $0.00 $0.00 $0.00 B00088 OSP-UNLIMITED (NO VR) 10 60 $192.58 $167.91 $119.99 $71,991.30 $4.70 $71,996.00 M00049 OFFICER SAFETY PLAN T10 85 60 $301.59 $238.32 $194.37 $991,273.87 $33,074.48 $1,024,348.35 Fleet3B Fleet 3 Basic 31 60 $184.17 $166.82 $166.82 $310,285.20 $15,466.42 $325,751.62 InteriorCam FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 2 60 $30.20 $24.92 $24.92 $2,990.40 $96.73 $3,087.13 A la Carte Hardware
73310 AXON BODY - TAP REFRESH 2 - CAMERA 1 $1,170.00 $0.00 $0.00 $0.00 $0.00 73309 AXON BODY - TAP REFRESH 1 - CAMERA 1 $1,122.00 $0.00 $0.00 $0.00 $0.00 H00002 AB4 Multi Bay Dock Bundle 13 $1,638.90 $0.00 $0.00 $0.00 $0.00 A la Carte Software
50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER
TOUCH PANEL 1 60 $28.21 $28.21 $1,692.60 $0.00 $1,692.60 50043 AXON INTERVIEW - STREAMING SERVER
MAINTENANCE - PER SERVER 2 60 $32.98 $32.98 $3,957.60 $0.00 $3,957.60 100582 AXON AIR - DRONESENSE UAS LICENSE (CLASS M) 2 60 $75.00 $75.00 $9,000.00 $0.00 $9,000.00 12024 AXON AIR - DRONESENSE MOBILE STREAMING (1200
HOURS) 1 60 $200.00 $200.00 $12,000.00 $0.00 $12,000.00 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM
UNLIMITED 3 60 $111.75 $111.75 $20,115.00 $0.00 $20,115.00 102656 AXON AIR - AXON EVIDENCE UNLIMITED DATA
STORAGE PER DRONE 9 60 $37.97 $37.97 $20,503.80 $0.00 $20,503.80 100579 AXON AIR - DRONESENSE UAS (CLASS 1) 7 60 $141.67 $141.67 $59,501.40 $0.00 $59,501.40 73739 AXON PERFORMANCE - LICENSE 95 60 $10.85 $10.85 $61,845.00 $0.00 $61,845.00 73478 AXON EVIDENCE - REDACTION ASSISTANT USER
LICENSE 95 60 $10.85 $10.85 $61,845.00 $0.00 $61,845.00 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 95 60 $10.85 $10.85 $61,845.00 $0.00 $61,845.00 102610 AXON COMMUNITY LINK 95 60 $16.27 $16.27 $92,739.00 $0.00 $92,739.00 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 30 60 $64.01 $64.01 $115,218.00 $0.00 $115,218.00 ProLicense Pro License Bundle 15 60 $48.82 $48.75 $43,875.00 $0.00 $43,875.00 A la Carte Services
12021 AXON AIR - PROFESSIONAL IMPLEMENTATION 1 $2,500.00 $2,500.00 $2,500.00 $0.00 $2,500.00 100105 COMMUNITY LINK/PRO PSO SETUP 1 $3,600.00 $3,600.00 $3,600.00 $0.00 $3,600.00 A la Carte Warranties
80464 AXON BODY - TAP WARRANTY - CAMERA 1 49 $15.54 $0.00 $0.00 $0.00 $0.00 Total $1,946,778.17 $48,642.33 $1,995,420.50
Quote Unbundled Price: $2,594,496.76
Quote List Price: $2,224,113.16
Quote Subtotal: $1,946,778.17
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 281 of 414
Delivery Schedule

Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date AB4 CONNECTED HARDWARE BUNDLE 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 95 1 09/15/2026
AB4 CONNECTED HARDWARE BUNDLE 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 3 1 09/15/2026
AB4 CONNECTED HARDWARE BUNDLE 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 105 1 09/15/2026 AB4 CONNECTED HARDWARE BUNDLE 100775 AXON BODY 4 - MAGNETIC DISCONNECT CABLE 105 1 09/15/2026 AB4 CONNECTED HARDWARE BUNDLE 74020 AXON BODY - MOUNT - MAGNET FLEXIBLE RAPIDLOCK 105 1 09/15/2026 AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 13 1 09/15/2026 AB4 Multi Bay Dock Bundle 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 13 1 09/15/2026 AB4 Multi Bay Dock Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 13 1 09/15/2026 Fleet 3 Basic 101675 AXON FLEET - ERICSSON CRADLEPOINT R980-5GD-A+5YR NETCLOUD 31 1 09/15/2026
Fleet 3 Basic 101924 AXON FLEET - TAOGLAS ANT - 7-IN-1 4CELL 2WIFI 1GNSS INT 31 1 09/15/2026 Fleet 3 Basic 70112 AXON SIGNAL - VEHICLE 31 1 09/15/2026 Fleet 3 Basic 72036 AXON FLEET 3 - STANDARD 2 CAMERA KIT 31 1 09/15/2026 Fleet 3 Basic 72036 AXON FLEET 3 - STANDARD 2 CAMERA KIT 1 1 09/15/2026 FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 72002 AXON FLEET 3 - INTERIOR CAMERA INTERIOR MOUNT 2 1 09/15/2026 FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 72032 AXON FLEET - CABLE - ETHERNET CAT6 20 FT 2 1 09/15/2026 FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 72037 AXON FLEET 3 - INTERIOR CAMERA 2 1 09/15/2026 OFFICER SAFETY PLAN T10 100122 AXON VR - HEADSET - BATTERY 4 1 09/15/2026 OFFICER SAFETY PLAN T10 100126 AXON VR - TACTICAL BAG 4 1 09/15/2026 OFFICER SAFETY PLAN T10 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 2 2 09/15/2026 OFFICER SAFETY PLAN T10 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 85 2 09/15/2026 OFFICER SAFETY PLAN T10 100394 AXON TASER 10 - MAGAZINE - HALT TRAINING BLUE 4 1 09/15/2026 OFFICER SAFETY PLAN T10 100396 AXON TASER 10 - MAGAZINE - INERT RED 30 1 09/15/2026 OFFICER SAFETY PLAN T10 100399 AXON TASER 10 - CARTRIDGE - LIVE 1280 1 09/15/2026 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 600 1 09/15/2026 OFFICER SAFETY PLAN T10 100401 AXON TASER 10 - CARTRIDGE - INERT 300 1 09/15/2026 OFFICER SAFETY PLAN T10 100591 AXON TASER - CLEANING KIT 1 1 09/15/2026 OFFICER SAFETY PLAN T10 100611 AXON TASER 10 - SAFARILAND HOLSTER - RH 85 1 09/15/2026 OFFICER SAFETY PLAN T10 100623 ENHANCED HOOK-AND-LOOP TRAINING (HALT) SUIT (V2) 1 1 09/15/2026 OFFICER SAFETY PLAN T10 100748 AXON VR - CONTROLLER - TASER 10 4 1 09/15/2026 OFFICER SAFETY PLAN T10 101122 AXON VR - HOLSTER - T10 SAFARILAND GRAY - RH 7 1 09/15/2026 OFFICER SAFETY PLAN T10 101455 AXON TASER 10 - REPLACEMENT TOOL KIT - INTERPOSER BUCKET 1 1 09/15/2026
OFFICER SAFETY PLAN T10 101456 AXON TASER 10 - REPLACEMENT INTERPOSER BUCKET 8 1 09/15/2026 OFFICER SAFETY PLAN T10 101751 AXON VR - HEADSET - HTC FOCUS VISION 4 1 09/15/2026 OFFICER SAFETY PLAN T10 101755 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK V2 85 1 09/15/2026 OFFICER SAFETY PLAN T10 101755 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK V2 2 1 09/15/2026 OFFICER SAFETY PLAN T10 101757 AXON TASER 10 - MAGAZINE - LIVE TRAINING PURPLE V2 30 1 09/15/2026 OFFICER SAFETY PLAN T10 101886 SIGNAL SENSOR 85 1 09/15/2026 OFFICER SAFETY PLAN T10 101889 AXON SIGNAL - BATTERY - CR2032 85 1 09/15/2026 OFFICER SAFETY PLAN T10 102186 AXON TASER 10 - COMMAND BOX 1 1 09/15/2026 OFFICER SAFETY PLAN T10 20018 AXON TASER - BATTERY PACK - TACTICAL 2 1 09/15/2026 OFFICER SAFETY PLAN T10 20018 AXON TASER - BATTERY PACK - TACTICAL 85 1 09/15/2026 OFFICER SAFETY PLAN T10 20018 AXON TASER - BATTERY PACK - TACTICAL 9 1 09/15/2026 OFFICER SAFETY PLAN T10 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 2 1 09/15/2026 Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 282 of 414
Hardware

Bundle Item Description QTY Shipping Location Estimated Delivery Date OFFICER SAFETY PLAN T10 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 2 1 09/15/2026 OFFICER SAFETY PLAN T10 74200 AXON TASER - DOCK - SIX BAY PLUS CORE 2 1 09/15/2026 OFFICER SAFETY PLAN T10 80087 AXON TASER - TARGET - CONDUCTIVE PROFESSIONAL RUGGEDIZED 2 1 09/15/2026
OFFICER SAFETY PLAN T10 80090 AXON TASER - TARGET FRAME - PROFESSIONAL 27.5 IN X 75 IN 2 1 09/15/2026
OSP-UNLIMITED (NO VR) 101886 SIGNAL SENSOR 10 1 09/15/2026 OSP-UNLIMITED (NO VR) 101889 AXON SIGNAL - BATTERY - CR2032 10 1 09/15/2026 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 430 1 09/15/2027 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 420 1 09/15/2028 OFFICER SAFETY PLAN T10 101012 AXON VR - TAP REFRESH 1 - TASER CONTROLLER 4 1 03/15/2029 OFFICER SAFETY PLAN T10 20373 AXON VR - TAP REFRESH 1 - HEADSET 4 1 03/15/2029 OFFICER SAFETY PLAN T10 73309 AXON BODY - TAP REFRESH 1 - CAMERA 87 1 03/15/2029 OFFICER SAFETY PLAN T10 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 11 1 03/15/2029 OSP-UNLIMITED (NO VR) 73309 AXON BODY - TAP REFRESH 1 - CAMERA 10 1 03/15/2029 OSP-UNLIMITED (NO VR) 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 2 1 03/15/2029 A la Carte 73309 AXON BODY - TAP REFRESH 1 - CAMERA 1 1 03/15/2029 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 430 1 09/15/2029 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 420 1 09/15/2030 OFFICER SAFETY PLAN T10 73310 AXON BODY - TAP REFRESH 2 - CAMERA 87 1 09/15/2031 OFFICER SAFETY PLAN T10 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 11 1 09/15/2031 OSP-UNLIMITED (NO VR) 73310 AXON BODY - TAP REFRESH 2 - CAMERA 10 1 09/15/2031 OSP-UNLIMITED (NO VR) 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 2 1 09/15/2031 A la Carte 73310 AXON BODY - TAP REFRESH 2 - CAMERA 1 1 09/15/2031 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Basic 80400 AXON EVIDENCE - FLEET VEHICLE LICENSE 31 10/15/2026 10/14/2031 Fleet 3 Basic 80410 AXON EVIDENCE - STORAGE - FLEET 1 CAMERA UNLIMITED 62 10/15/2026 10/14/2031 FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 80410 AXON EVIDENCE - STORAGE - FLEET 1 CAMERA UNLIMITED 2 10/15/2026 10/14/2031 OFFICER SAFETY PLAN T10 101180 AXON TASER - DATA SCIENCE PROGRAM 85 10/15/2026 10/14/2031 OFFICER SAFETY PLAN T10 101703 AXON VR - USER ACCESS - TASER SKILLS 85 10/15/2026 10/14/2031 OFFICER SAFETY PLAN T10 20248 AXON TASER - EVIDENCE.COM LICENSE 85 10/15/2026 10/14/2031 OFFICER SAFETY PLAN T10 20248 AXON TASER - EVIDENCE.COM LICENSE 1 10/15/2026 10/14/2031 OFFICER SAFETY PLAN T10 73447 AXON BODY - LICENSE - FUSUS LIVESTREAM 85 10/15/2026 10/14/2031 OFFICER SAFETY PLAN T10 73638 AXON STANDARDS - LICENSE 85 10/15/2026 10/14/2031 OFFICER SAFETY PLAN T10 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 850 10/15/2026 10/14/2031 OFFICER SAFETY PLAN T10 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 85 10/15/2026 10/14/2031 OFFICER SAFETY PLAN T10 73746 AXON EVIDENCE - ECOM LICENSE - PRO 85 10/15/2026 10/14/2031 OSP-UNLIMITED (NO VR) 73447 AXON BODY - LICENSE - FUSUS LIVESTREAM 10 10/15/2026 10/14/2031 OSP-UNLIMITED (NO VR) 73638 AXON STANDARDS - LICENSE 10 10/15/2026 10/14/2031 OSP-UNLIMITED (NO VR) 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 100 10/15/2026 10/14/2031 OSP-UNLIMITED (NO VR) 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 10 10/15/2026 10/14/2031 OSP-UNLIMITED (NO VR) 73746 AXON EVIDENCE - ECOM LICENSE - PRO 10 10/15/2026 10/14/2031 Pro License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 45 10/15/2026 10/14/2031 Pro License Bundle 73746 AXON EVIDENCE - ECOM LICENSE - PRO 15 10/15/2026 10/14/2031 A la Carte 100579 AXON AIR - DRONESENSE UAS (CLASS 1) 7 10/15/2026 10/14/2031 A la Carte 100582 AXON AIR - DRONESENSE UAS LICENSE (CLASS M) 2 10/15/2026 10/14/2031 A la Carte 102610 AXON COMMUNITY LINK 95 10/15/2026 10/14/2031 A la Carte 102656 AXON AIR - AXON EVIDENCE UNLIMITED DATA STORAGE PER DRONE 9 10/15/2026 10/14/2031
Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 283 of 414
Software

Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 12024 AXON AIR - DRONESENSE MOBILE STREAMING (1200 HOURS) 1 10/15/2026 10/14/2031
A la Carte 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 1 10/15/2026 10/14/2031
A la Carte 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 10/15/2026 10/14/2031
A la Carte 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 3 10/15/2026 10/14/2031 A la Carte 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 95 10/15/2026 10/14/2031 A la Carte 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 95 10/15/2026 10/14/2031 A la Carte 73739 AXON PERFORMANCE - LICENSE 95 10/15/2026 10/14/2031 A la Carte 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 30 10/15/2026 10/14/2031 Services
Bundle Item Description QTY
Fleet 3 Basic 100738 AXON FLEET 3 - SIM INSERTION - VZW 4FF 31 Fleet 3 Basic 73391 AXON FLEET 3 - DEPLOYMENT PER VEHICLE - NOT OVERSIZED 31 OFFICER SAFETY PLAN T10 100751 AXON TASER 10 - REPLACEMENT ACCESS PROGRAM - DUTY CARTRIDGE 85 OFFICER SAFETY PLAN T10 101193 AXON TASER - ON DEMAND CERTIFICATION 85 A la Carte 100105 COMMUNITY LINK/PRO PSO SETUP 1
A la Carte 12021 AXON AIR - PROFESSIONAL IMPLEMENTATION 1 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Basic 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 31 09/15/2027 10/14/2031 Fleet 3 Basic 80495 AXON FLEET 3 - EXT WARRANTY - 2 CAMERA KIT 31 09/15/2027 10/14/2031 Fleet 3 Basic 80495 AXON FLEET 3 - EXT WARRANTY - 2 CAMERA KIT 1 09/15/2027 10/14/2031 FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 80385 AXON FLEET 3 - EXT WARRANTY - INTERIOR CAMERA 2 09/15/2027 10/14/2031 OFFICER SAFETY PLAN T10 100197 AXON VR - EXT WARRANTY - HEADSET 4 09/15/2027 10/14/2031 OFFICER SAFETY PLAN T10 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 2 09/15/2027 10/14/2031 OFFICER SAFETY PLAN T10 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 85 09/15/2027 10/14/2031 OFFICER SAFETY PLAN T10 101007 AXON VR - EXT WARRANTY - TASER CONTROLLER 4 09/15/2027 10/14/2031 OFFICER SAFETY PLAN T10 101686 AXON SIGNAL - EXT WARRANTY - SIGNAL SENSOR 85 09/15/2027 10/14/2031 OFFICER SAFETY PLAN T10 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 2 09/15/2027 10/14/2031 OFFICER SAFETY PLAN T10 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 9 09/15/2027 10/14/2031 OFFICER SAFETY PLAN T10 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 85 09/15/2027 10/14/2031 OFFICER SAFETY PLAN T10 80396 AXON TASER - EXT WARRANTY - DOCK SIX BAY T7/T10 2 09/15/2027 10/14/2031 OFFICER SAFETY PLAN T10 80464 AXON BODY - TAP WARRANTY - CAMERA 87 09/15/2027 10/14/2031 OFFICER SAFETY PLAN T10 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 11 09/15/2027 10/14/2031 OSP-UNLIMITED (NO VR) 101686 AXON SIGNAL - EXT WARRANTY - SIGNAL SENSOR 10 09/15/2027 10/14/2031 OSP-UNLIMITED (NO VR) 80464 AXON BODY - TAP WARRANTY - CAMERA 10 09/15/2027 10/14/2031 OSP-UNLIMITED (NO VR) 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 2 09/15/2027 10/14/2031 A la Carte 80464 AXON BODY - TAP WARRANTY - CAMERA 1 09/15/2027 10/14/2031 Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 284 of 414
Shipping Locations

Location Number Street City State Zip Country
1 34009 Alvarado Niles Rd Union City CA 94587-4452 USA
2 34009 Alvarado Niles Rd Union City CA 94587-4452 USA
Payment Details
Sep 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 100105 COMMUNITY LINK/PRO PSO SETUP 1 $720.00 $0.00 $720.00 Year 1 100579 AXON AIR - DRONESENSE UAS (CLASS 1) 7 $11,900.28 $0.00 $11,900.28 Year 1 100582 AXON AIR - DRONESENSE UAS LICENSE (CLASS M) 2 $1,800.00 $0.00 $1,800.00 Year 1 102610 AXON COMMUNITY LINK 95 $18,547.80 $0.00 $18,547.80 Year 1 102656 AXON AIR - AXON EVIDENCE UNLIMITED DATA STORAGE PER DRONE 9 $4,100.76 $0.00 $4,100.76 Year 1 12021 AXON AIR - PROFESSIONAL IMPLEMENTATION 1 $500.00 $0.00 $500.00 Year 1 12024 AXON AIR - DRONESENSE MOBILE STREAMING (1200 HOURS) 1 $2,400.00 $0.00 $2,400.00 Year 1 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 1 $338.52 $0.00 $338.52 Year 1 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $791.52 $0.00 $791.52 Year 1 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 3 $4,023.00 $0.00 $4,023.00 Year 1 73309 AXON BODY - TAP REFRESH 1 - CAMERA 1 $0.00 $0.00 $0.00 Year 1 73310 AXON BODY - TAP REFRESH 2 - CAMERA 1 $0.00 $0.00 $0.00 Year 1 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 95 $12,369.00 $0.00 $12,369.00 Year 1 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 95 $12,369.00 $0.00 $12,369.00 Year 1 73739 AXON PERFORMANCE - LICENSE 95 $12,369.00 $0.00 $12,369.00 Year 1 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 30 $23,043.60 $0.00 $23,043.60 Year 1 80464 AXON BODY - TAP WARRANTY - CAMERA 1 $0.00 $0.00 $0.00 Year 1 B00088 OSP-UNLIMITED (NO VR) 10 $14,398.26 $0.94 $14,399.20 Year 1 Fleet3B Fleet 3 Basic 31 $62,057.06 $3,093.27 $65,150.33 Year 1 H00002 AB4 Multi Bay Dock Bundle 13 $0.00 $0.00 $0.00 Year 1 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 95 $0.00 $0.00 $0.00 Year 1 InteriorCam FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 2 $598.07 $19.34 $617.41 Year 1 M00049 OFFICER SAFETY PLAN T10 85 $198,254.78 $6,614.89 $204,869.67 Year 1 ProLicense Pro License Bundle 15 $8,775.00 $0.00 $8,775.00 Total $389,355.65 $9,728.44 $399,084.09
Oct 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment B00088 OSP-UNLIMITED (NO VR) 10 $0.00 $0.00 $0.00 Invoice Upon Fulfillment InteriorCam FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 2 $0.00 $0.00 $0.00 Invoice Upon Fulfillment M00049 OFFICER SAFETY PLAN T10 85 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00
Sep 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 100105 COMMUNITY LINK/PRO PSO SETUP 1 $720.00 $0.00 $720.00 Year 2 100579 AXON AIR - DRONESENSE UAS (CLASS 1) 7 $11,900.28 $0.00 $11,900.28 Year 2 100582 AXON AIR - DRONESENSE UAS LICENSE (CLASS M) 2 $1,800.00 $0.00 $1,800.00 Year 2 102610 AXON COMMUNITY LINK 95 $18,547.80 $0.00 $18,547.80 Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 285 of 414

Sep 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 102656 AXON AIR - AXON EVIDENCE UNLIMITED DATA STORAGE PER DRONE 9 $4,100.76 $0.00 $4,100.76 Year 2 12021 AXON AIR - PROFESSIONAL IMPLEMENTATION 1 $500.00 $0.00 $500.00 Year 2 12024 AXON AIR - DRONESENSE MOBILE STREAMING (1200 HOURS) 1 $2,400.00 $0.00 $2,400.00 Year 2 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 1 $338.52 $0.00 $338.52 Year 2 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $791.52 $0.00 $791.52 Year 2 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 3 $4,023.00 $0.00 $4,023.00 Year 2 73309 AXON BODY - TAP REFRESH 1 - CAMERA 1 $0.00 $0.00 $0.00 Year 2 73310 AXON BODY - TAP REFRESH 2 - CAMERA 1 $0.00 $0.00 $0.00 Year 2 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 95 $12,369.00 $0.00 $12,369.00 Year 2 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 95 $12,369.00 $0.00 $12,369.00 Year 2 73739 AXON PERFORMANCE - LICENSE 95 $12,369.00 $0.00 $12,369.00 Year 2 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 30 $23,043.60 $0.00 $23,043.60 Year 2 80464 AXON BODY - TAP WARRANTY - CAMERA 1 $0.00 $0.00 $0.00 Year 2 B00088 OSP-UNLIMITED (NO VR) 10 $14,398.26 $0.94 $14,399.20 Year 2 Fleet3B Fleet 3 Basic 31 $62,057.06 $3,093.27 $65,150.33 Year 2 H00002 AB4 Multi Bay Dock Bundle 13 $0.00 $0.00 $0.00 Year 2 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 95 $0.00 $0.00 $0.00 Year 2 InteriorCam FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 2 $598.07 $19.34 $617.41 Year 2 M00049 OFFICER SAFETY PLAN T10 85 $198,254.76 $6,614.89 $204,869.65 Year 2 ProLicense Pro License Bundle 15 $8,775.00 $0.00 $8,775.00 Total $389,355.63 $9,728.44 $399,084.07
Sep 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 100105 COMMUNITY LINK/PRO PSO SETUP 1 $720.00 $0.00 $720.00 Year 3 100579 AXON AIR - DRONESENSE UAS (CLASS 1) 7 $11,900.28 $0.00 $11,900.28 Year 3 100582 AXON AIR - DRONESENSE UAS LICENSE (CLASS M) 2 $1,800.00 $0.00 $1,800.00 Year 3 102610 AXON COMMUNITY LINK 95 $18,547.80 $0.00 $18,547.80 Year 3 102656 AXON AIR - AXON EVIDENCE UNLIMITED DATA STORAGE PER DRONE 9 $4,100.76 $0.00 $4,100.76 Year 3 12021 AXON AIR - PROFESSIONAL IMPLEMENTATION 1 $500.00 $0.00 $500.00 Year 3 12024 AXON AIR - DRONESENSE MOBILE STREAMING (1200 HOURS) 1 $2,400.00 $0.00 $2,400.00 Year 3 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 1 $338.52 $0.00 $338.52 Year 3 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $791.52 $0.00 $791.52 Year 3 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 3 $4,023.00 $0.00 $4,023.00 Year 3 73309 AXON BODY - TAP REFRESH 1 - CAMERA 1 $0.00 $0.00 $0.00 Year 3 73310 AXON BODY - TAP REFRESH 2 - CAMERA 1 $0.00 $0.00 $0.00 Year 3 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 95 $12,369.00 $0.00 $12,369.00 Year 3 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 95 $12,369.00 $0.00 $12,369.00 Year 3 73739 AXON PERFORMANCE - LICENSE 95 $12,369.00 $0.00 $12,369.00 Year 3 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 30 $23,043.60 $0.00 $23,043.60 Year 3 80464 AXON BODY - TAP WARRANTY - CAMERA 1 $0.00 $0.00 $0.00 Year 3 B00088 OSP-UNLIMITED (NO VR) 10 $14,398.26 $0.94 $14,399.20 Year 3 Fleet3B Fleet 3 Basic 31 $62,057.06 $3,093.27 $65,150.33 Year 3 H00002 AB4 Multi Bay Dock Bundle 13 $0.00 $0.00 $0.00 Year 3 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 95 $0.00 $0.00 $0.00 Year 3 InteriorCam FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 2 $598.07 $19.34 $617.41 Year 3 M00049 OFFICER SAFETY PLAN T10 85 $198,254.76 $6,614.89 $204,869.65 Year 3 ProLicense Pro License Bundle 15 $8,775.00 $0.00 $8,775.00 Total $389,355.63 $9,728.44 $399,084.07
Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 286 of 414
Page
9Q-818581-46119KP
Sep 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Year4 100105 COMMUNITY LINK/PRO PSO SETUP1 $720.00 $0.00 $720.00 Year4 100579 AXON AIR- DRONESENSE UAS (CLASS 1)7 $11,900.28 $0.00 $11,900.28 Year4 100582 AXON AIR- DRONESENSE UAS LICENSE (CLASS M)2 $1,800.00 $0.00 $1,800.00 Year4 102610 AXON COMMUNITY LINK 95 $18,547.80 $0.00 $18,547.80 Year4 102656 AXON AIR- AXON EVIDENCE UNLIMITED DATA STORAGE PER DRONE9 $4,100.76 $0.00 $4,100.76 Year4 12021 AXON AIR- PROFESSIONAL IMPLEMENTATION1 $500.00 $0.00 $500.00 Year4 12024 AXON AIR- DRONESENSE MOBILE STREAMING (1200 HOURS)1 $2,400.00 $0.00 $2,400.00 Year4 50039 AXON INTERVIEW- CLIENT SOFTWARE- MAINT. PER TOUCH PANEL1 $338.52 $0.00 $338.52 Year4 50043 AXON INTERVIEW- STREAMING SERVER MAINTENANCE- PER SERVER2 $791.52 $0.00 $791.52 Year4 50045 AXON EVIDENCE- STORAGE- INTERVIEW ROOM UNLIMITED3 $4,023.00 $0.00 $4,023.00 Year4 73309 AXON BODY- TAP REFRESH1- CAMERA1 $0.00 $0.00 $0.00 Year4 73310 AXON BODY- TAP REFRESH2- CAMERA1 $0.00 $0.00 $0.00 Year4 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE 95 $12,369.00 $0.00 $12,369.00 Year4 73682 AXON EVIDENCE- AUTO TAGGING LICENSE 95 $12,369.00 $0.00 $12,369.00 Year4 73739 AXON PERFORMANCE- LICENSE 95 $12,369.00 $0.00 $12,369.00 Year4 80401 AXON FLEET3- ALPR LICENSE-1 CAMERA 30 $23,043.60 $0.00 $23,043.60 Year4 80464 AXON BODY- TAP WARRANTY- CAMERA1 $0.00 $0.00 $0.00 Year4 B00088 OSP-UNLIMITED (NO VR) 10 $14,398.26 $0.94 $14,399.20 Year4 Fleet3B Fleet 3 Basic 31 $62,057.06 $3,093.27 $65,150.33 Year4 H00002 AB4 Multi Bay Dock Bundle 13 $0.00 $0.00 $0.00 Year4 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 95 $0.00 $0.00 $0.00 Year4 InteriorCam FLEET3 INTERIOR CAMERA, ADD-ON BUNDLE2 $598.07 $19.34 $617.41 Year4 M00049 OFFICER SAFETY PLAN T10 85 $198,254.76 $6,614.89 $204,869.65 Year4 ProLicense Pro License Bundle 15 $8,775.00 $0.00 $8,775.00 Total $389,355.63 $9,728.44 $399,084.07
Sep 2030
Invoice Plan Item Description Qty Subtotal Tax Total
Year5 100105 COMMUNITY LINK/PRO PSO SETUP1 $720.00 $0.00 $720.00 Year5 100579 AXON AIR- DRONESENSE UAS (CLASS 1)7 $11,900.28 $0.00 $11,900.28 Year5 100582 AXON AIR- DRONESENSE UAS LICENSE (CLASS M)2 $1,800.00 $0.00 $1,800.00 Year5 102610 AXON COMMUNITY LINK 95 $18,547.80 $0.00 $18,547.80 Year5 102656 AXON AIR- AXON EVIDENCE UNLIMITED DATA STORAGE PER DRONE9 $4,100.76 $0.00 $4,100.76 Year5 12021 AXON AIR- PROFESSIONAL IMPLEMENTATION1 $500.00 $0.00 $500.00 Year5 12024 AXON AIR- DRONESENSE MOBILE STREAMING (1200 HOURS)1 $2,400.00 $0.00 $2,400.00 Year5 50039 AXON INTERVIEW- CLIENT SOFTWARE- MAINT. PER TOUCH PANEL1 $338.52 $0.00 $338.52 Year5 50043 AXON INTERVIEW- STREAMING SERVER MAINTENANCE- PER SERVER2 $791.52 $0.00 $791.52 Year5 50045 AXON EVIDENCE- STORAGE- INTERVIEW ROOM UNLIMITED3 $4,023.00 $0.00 $4,023.00 Year5 73309 AXON BODY- TAP REFRESH1- CAMERA1 $0.00 $0.00 $0.00 Year5 73310 AXON BODY- TAP REFRESH2- CAMERA1 $0.00 $0.00 $0.00 Year5 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE 95 $12,369.00 $0.00 $12,369.00 Year5 73682 AXON EVIDENCE- AUTO TAGGING LICENSE 95 $12,369.00 $0.00 $12,369.00 Year5 73739 AXON PERFORMANCE- LICENSE 95 $12,369.00 $0.00 $12,369.00 Year5 80401 AXON FLEET3- ALPR LICENSE-1 CAMERA 30 $23,043.60 $0.00 $23,043.60 Year5 80464 AXON BODY- TAP WARRANTY- CAMERA1 $0.00 $0.00 $0.00 Year5 B00088 OSP-UNLIMITED (NO VR) 10 $14,398.26 $0.94 $14,399.20 Year5 Fleet3B Fleet 3 Basic 31 $62,057.06 $3,093.34 $65,150.40 Year5 H00002 AB4 Multi Bay Dock Bundle 13 $0.00 $0.00 $0.00 Year5 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 95 $0.00 $0.00 $0.00 Year5 InteriorCam FLEET3 INTERIOR CAMERA, ADD-ON BUNDLE2 $598.07 $19.37 $617.44 Year5 M00049 OFFICER SAFETY PLAN T10 85 $198,254.76 $6,614.92 $204,869.68 Year5 ProLicense Pro License Bundle 15 $8,775.00 $0.00 $8,775.00 Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 287 of 414

Sep 2030
Invoice Plan Item Description Qty Subtotal Tax Total
Total $389,355.63 $9,728.57 $399,084.20
Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 288 of 414

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 289 of 414

Exceptions to Standard Terms and Conditions
Agency has existing contract(s) originated via Quote(s):

Q-328472, Q-401532, Q-445830, Q-458043, Q-474860, Q-486156, Q-492978, Q-533599, Q-551244, Q-600649, Q-670903, Q-705338, Q-730961, Q-753139, Agency is terminating those contracts effective 10/15/2026. Any changes in this date will result in modification of the program value which may result in additional fees or credits due to or from Axon.
100% discounted body-worn camera and docking station hardware contained in this quote reflects a TAP replacement for hardware purchased under existing quotes aforementioned above. All TAP obligations from this contract will be considered fulfilled upon execution of this quote.

Rewrite Estimates
Estimated Amounts and Contract Terminations. Any amounts stated as due under existing or terminated contracts — including contract transfer balances carried forward to new or pending contracts — are estimates based on payments received as of the calculation date. These estimates may be adjusted if new contracts are not executed on the anticipated dates or if expected payments are not made.

Refresh Shipment Timing
Technology Assurance Plan (TAP) Refresh Prior to Renewal. For Customers with expiring agreements that include TAP refresh rights, Axon may, in its discretion, ship refresh hardware under the existing contract while renewal or replacement agreements are in progress. Any such shipments will be deemed made under the terms of the existing contract until the new contract is fully executed, after which any applicable updates, fees, or adjustments will apply.

Shipment Timing
Shipment Variance. Estimated shipment dates are provided for planning purposes only and are not guarantees. Axon may ship hardware before or after the estimated shipment date, and failure to meet an estimated shipment date will not, by itself, constitute a breach, provided Axon uses commercially reasonable efforts to meet estimated shipment dates.

Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 290 of 414

Signature Date Signed
4/7/2026
Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 291 of 414
1 FLEET STATEMENT OF WORK BETWEEN AXON ENTERPRISE AND AGENCY Introduction
This Statement of Work (“SOW”) has been made and entered into by and between Axon Enterprise, Inc. (“AXON”), and Union City Police Department - CA the (“AGENCY”) for the purchase of the Axon Fleet in-car video solution (“FLEET”) and its supporting information, services and training. (AXON Technical Project Manager/The AXON installer)
Purpose and Intent
AGENCY states, and AXON understands and agrees, that Agency’s purpose and intent for entering into this SOW is for the AGENCY to obtain from AXON deliverables, which used solely in conjunction with AGENCY’s existing systems and equipment, which AGENCY specifically agrees to purchase or provide pursuant to the terms of this SOW.

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

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

Force Majeure
Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 292 of 414
2 Neither party hereto shall be liable for delays or failure to perform with respect to this SOW due to causes beyond the party’s reasonable control and not avoidable by diligence.

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

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

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

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

Local Computer
Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 293 of 414
3 AGNECY is responsible for providing a mobile data computer (MDC) with the same software, hardware, and configuration that AGENCY personnel will use with the AXON system being installed. AGENCY is responsible for making certain that any and all security settings (port openings, firewall settings, antivirus software, virtual private network, routing, etc.) are made prior to the installation, configuration and testing of the aforementioned deliverables.

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

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

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

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

VEHICLE INSTALLATION
Preparedness
Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 294 of 414
4 On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer less weapons and items of evidence.

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

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

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

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

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

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

Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 295 of 414
5 Upon completion of installation and configuration, AXON will systematically test all installed and configured in-car hardware and software to ensure that ALL functions of the hardware and software are fully operational and that any deficiencies are corrected unless otherwise agreed upon by the AGENCY, installation, configuration, test and the correct of any deficiencies will be completed in each vehicle accepted for installation.

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

Agreed placement will be documented by the AXON Installer.

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

Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 296 of 414
6 The customary training session does not ‘certify’ a non-AXON Installer, customer-employed Installer or customer 3rd party Installer, since the AXON Fleet products does not offer an Installer certification program. Any work performed by non-AXON Installer, customer-employed Installer or customer 3rd party Installer is not warrantied by AXON, and AXON is not liable for any damage to the vehicle and its existing systems and AXON Fleet hardware.

Docusign Envelope ID: 8AD4BBAA-2952-8263-8280-4E257C78E09D 297 of 414

UNION CITY POLICE

DEPARTMENT

INTEGRATED PUBLIC SAFETY

TECHNOLOGY ECOSYSTEM
298 of 414
Summary of Proposal
This proposal will continue to make available vital systems and equipment, while adding new features and updates.

By purchasing all projects under one package and procuring in 2026, contracts and deliverables are consolidated, and our costs are significantly reduced Total Contract Value of Bundled Purchase
• $1,995,420.50 (includes taxes)
• $750,935.80 of total savings over 5 years
299 of 414
AXON
BODY 4

SEE TRUTH IN THE MOMENT
• CLEAR FRAME PLAYBACK
• INCREASED FIELD OF VIEW AND RESOLUTION
• MULTI-MIC AUDIO
• REAL TIME ALERTS
• IMPROVED BATTERY LIFE
• IP 67 RATED
300 of 414
AXON
TASER 10

A NEW ERA IN LESS-LETHAL TECHNOLOGY
• INCREASED RANGE (25 FT. VS. 45 FT)
• INCREASED CAPACITY (2 VS. 10 PROBES)
• WARNING ALERT FOR DEESCALATION
• INCREASED DUST AND WATER PROTECTION
(IP 67 RATED)
301 of 414
AXON
AIR

INTEGRATED UAS MANAGEMENT SYSTEM
• COMMAND AND CONTROL OF UAS OPERATIONS
• OPERATIONAL PLANNING
• LIVE STREAMING AERIAL VIDEO
• RECORDS MANAGEMENT SYSTEM FOR UAS
302 of 414
Hub
Dashboard app
Interior Camera
Interior Antenna
Cradlepoint
Modem
Exterior Antenna
Dual-View Camera with
ALPR
AXON FLEET 3

DASH CAMS FOR THE MODERN AGE
303 of 414
AXON RESPOND+
Real-time awareness in your
pocket
Commanders and supervisors
see officer location and the
body-camera livestream with
a few taps
Make real-time decisions with
the information your device
while officers are on the move
304 of 414
AXON
SIGNAL

SIDEARM

CAPTURE WHAT COUNTS
When a firearm is drawn, a
Bluetooth signal activates the
surrounding cameras into
“Record Mode”
305 of 414

AXON SIGNAL ENABLED

A XON SIGN A L B U ILT I N TO H A N D LE
306 of 414

TRACK, BLUR, AND
ANNOTATE SCREENS,

LICENSE PLATES

AND FACES TO CUT

DOWN MANUAL

REDACTION TIME

SIGNIFICANTLY

REDACTION ASSISTANT
307 of 414
• Capture photo, audio and
video evidence in the field
• Upload directly to Axon
Evidence to complete your
case
• Axon Citizen for Officers to
better engage with the
community

AXON CAPTURE
308 of 414
WORKFLOW:

CITIZEN FOR OFFICERS
Send SMS or Email invitation
with customizable description
of evidence request via Axon
Capture mobile app or MDT
Witness receives
SMS with link to
securely upload
evidence
Witness uploads media
to Axon Evidence
309 of 414
Evidence.com Security
Accreditations
• CJIS Compliant
• Federal Risk and Authorization Management Program
(FedRAMP)
• ISO/IEC 27001:2013 Certified
• Information Security Management Standards
• ISO/IEC 27018:2014 Certified
• Code of Practice for Protecting Personal Data in the
Cloud
• CALEA Standard 17.5.4 Compliance
• AICPA SOC 2+ Reporting
Please visit www.axon.com/trust for a detailed list of all security accreditations
310 of 414
Proposal
Adopt a resolution authorizing a five-year agreement with Axon Enterprise, Inc. for an integrated public safety technology system, including body-worn cameras, in-car video systems, Taser devices, digital evidence management, automated license plate recognition (ALPR) licensing, and drone technology
311 of 414
312 of 414
City Council Staff Report Page 1 of 3 June 23, 2026
Staff Report
Agenda Item No. 6.2
DATE: June 23, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Adopt a Resolution Authorizing the City Manager to Enter Into a Consulting Services Agreement With First Carbon Solutions for Environmental Review Services and the Preparation of an Environmental Impact Report for the O’Connell Lane Residential Project

EXECUTIVE SUMMARY
Staff recommends that the City Council adopt the proposed Resolution authorizing the City Manager to execute a Consulting Services Agreement with First Carbon Solutions for environmental review services and the preparation of an Environmental Impact Report in conformance with the California Environmental Quality Act (CEQA) for the O’Connell Lane Residential Project in an amount not to exceed $527,946, including a 20% contingency. See Exhibit A for the CEQA scope of work, budget, and schedule.

STRATEGIC PLAN ALIGNMENT
This project is consistent with Strategic Plan Goal C, Strategy 5: Promote housing development for all income levels in the community.

BACKGROUND
The hillside has long been of significant importance to Union City and its residents. The area was the subject of the voter-approved Measure B in 1989, which required the preparation of a Hillside Area Plan and established the 16 planning goals to guide future preservation and development efforts.

The Hillside Area Plan (“HAP”), adopted on July 25, 1995, provides detailed policy guidance for the Union City Hillside Area. The hillside area was also the subject of Measure II in 1996, which required a vote of the people of Union City to change the development policies included in the HAP. Measure II also required that a Specific Plan be prepared prior to any development taking place in portions of the Union City Hillside Area that were designated “Agricultural” as of July 17, 1989.

In 2020, Calibr Ventures Incorporated (“Calibr”) approached the City with two residential 313 of 414
Agenda Item No. 6.2
City Council Staff Report Page 2 of 3 June 23, 2026
development proposals in the hillside area, including a proposal on lands with an Agricultural General Plan and Zoning designation and a proposal at the end of Appian Way. In response, the City hired a consultant, at the applicant’s expense, to prepare a Specific Plan, as required by the HAP, for the development of lands designated Agricultural. Subsequently, Calibr requested that the Appian Way project be processed separately from the other hillside project, as it did not trigger preparation of the Specific Plan because of the site’s existing residential General Plan and Zoning designations. The Appian Way project is progressing and will be reviewed by decision-makers in the next few months. In addition, Calibr paused preparation of the Specific Plan, indicating that they would work with their consulting team to prepare a draft for City review.

In February 2026, the City received an application submittal for the project proposed on lands with an Agricultural designation, referred to as the O’Connell Lane Residential Project (“Project”), that included the following:
• A draft Specific Plan, referred to as the Union City Hillside Specific Plan (“UCHSP”), focused on the lands included in the Project scope; • Related General Plan and Zoning Map/Text Amendments to implement the UCHSP (AG-26-001, AT-26-001, A-26-001);
• Tentative Tract Map to accommodate 403 single-family and multi-family residential units clustered on 57 acres (TTM-26-001); and • A Development Agreement.

Additional project components include:
• On- and off-site infrastructure to support the new development including upgrades to O’Connell Lane and a new water tank in Fremont; • Approximately 1,047 acres within Union City and approximately 158 acres within Fremont offered for dedication to East Bay Regional Park District (“EBRPD”); and
• A new EBRPD recreational staging area in Fremont and related access road.

Staff completed an initial review of the application submittal and provided comments on application completeness (i.e., additional information required to review the application) in May. Next steps will be to begin assessing the draft Specific Plan and other materials for consistency with the City’s General Plan, the HAP, and other relevant policies and regulations, and initiate the environmental review process.

DISCUSSION
An Environmental Impact Report (EIR) is required to evaluate the Project in a manner consistent with the California Environmental Quality Act (CEQA). The City requested a proposal from two firms that are on the City’s pre-qualified Environmental Review On-Call Consultant List. Both firms are well qualified and provided similar scopes of work and similar schedules. The main difference was that First Carbon Solutions' proposal was approximately $100,000 lower, primarily due to differences in billing rates. Based on a thorough review of both proposals, staff recommends selecting First Carbon Solutions to prepare the EIR.

First Carbon Solutions is a qualified firm with over 42 years of experience preparing CEQA 314 of 414
Agenda Item No. 6.2
City Council Staff Report Page 3 of 3 June 23, 2026
documentation and supporting technical analyses throughout the State, including Alameda County. The EIR scope of work is attached (Exhibit A).

FISCAL IMPACT
There is no impact to the General Fund. Calibr will pay for the agreement with First Carbon Solutions. Calibr will also pay for City staff’s time associated with the administration of the consultant contract and the oversight of the preparation of the environmental documents.

RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution (Attachment 1) authorizing the City Manager to enter into a Consulting Services Agreement, in a form approved by the City Attorney, with First Carbon Solutions for environmental review services and preparation of an Environmental Impact Report for the O’Connell Lane Residential Project, in an amount not to exceed $527,946.

Prepared by: Lynette Diaz, Contract Planner
Submitted by: Carmela Campbell, Economic and Community Development Director Attachments

1. Draft Resolution

2. Exhibit A – Scope of Work
315 of 414
RESOLUTION NO. 2026-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSULTING

SERVICES AGREEMENT WITH FIRST CARBON SOLUTIONS FOR

ENVIRONMENTAL REVIEW SERVICES AND THE PREPARATION OF
AN ENVIRONMENTAL IMPACT REPORT FOR THE O’CONNELL LANE

RESIDENTIAL PROJECT
WHEREAS, the Hillside Area Plan (“HAP”), adopted on July 25, 1995, provides detailed policy guidance for the Union City Hillside Area. The hillside area was also the subject of Measure II in 1996, which required a vote of the people of Union City to change the development policies included in the HAP. Measure II also required that a Specific Plan be prepared prior to any development taking place in portions of the Union City Hillside Area that were designated “Agricultural” at the time the Measure was adopted; and
WHEREAS, in February 2026, the City received an application submittal from Calibr Ventures Incorporated (“Calibr”) for a project proposed on lands within the hillside area with an Agricultural designation, referred to as the O’Connell Lane Residential Project (“Project”), that included the following:
• A draft Specific Plan, referred to as the Union City Hillside Specific Plan (“UCHSP”), focused on the lands included in the Project scope; • Related General Plan and Zoning Map/Text Amendments to implement the UCHSP (AG-26-001, AT-26-001, A-26-001);
• Tentative Tract Map to accommodate 403 residential units clustered on 57 acres (TTM-26-001); and
• A Development Agreement; and
WHEREAS, staff solicited proposals from two firms on the City’s established prequalified list of qualified environmental consulting firms to prepare an EIR and did a thorough analysis of the proposals; and
WHEREAS, the City chose First Carbon Solutions based on their experience and submitted scope of work; and
WHEREAS, First Carbon Solutions is a qualified firm with over 42 years of experience preparing CEQA documentation and supporting technical analyses throughout the State, including Alameda County; and
WHEREAS, the scope of work labeled Exhibit A is attached hereto and made a part hereof; and
WHEREAS, the scope of work budget is a not-to-exceed amount of $527,946 with costs covered by Calibr.
316 of 414
Resolution No. 2026-XXX
O’Connell Lane Residential Project EIR

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City authorizes the City Manager to enter into a consulting services agreement, in a form approved by the City Attorney, with First Carbon Solutions for environmental services and the preparation of an EIR for the O’Connell Lane Residential Project in an amount not to exceed $527,946.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on June 23, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:

1. Exhibit A - Scope of Work
317 of 414
Southern California
250 Commerce, Suite 210
Irvine, CA 92602
Northern California
2999 Oak Road, Suite 250
Walnut Creek, CA 94597
Phone +1 888 826 5814
+1 714 508 4100
Fax +1 714 508 4110
Email [email protected]
firstcarbonsolutions.com
June 8, 2026 [Revised June 15, 2026]
Carmela Campbell, Economic & Community Development Director City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587
Subject: Proposal to prepare an Environmental Impact Report for the Union City Hillside Specific Plan and
O’Connell Lane Residential Project
Dear Carmela:

FCS understands that the City of Union City (City) is seeking assistance to prepare an Environmental Impact Report (EIR), provide technical studies, and peer review applicant-prepared technical studies for the Hillside Specific Plan and O’Connell Lane Residential Project (proposed project).

FCS International, Inc., doing business as FirstCarbon Solutions (FCS), an ADEC Innovations company, has more than 42 years of experience in preparing a full range of California Environmental Quality Act (CEQA) environmental review documents, including EIRs and Mitigation Monitoring and Reporting Programs (MMRPs) to support various development projects throughout the State. We also have extensive experience in preparing and peer reviewing technical studies prepared by different agencies, firms, and applicants. The following attributes make FCS uniquely qualified to provide the City’s requested services:
 We have direct experience in the local area. FCS has prepared environmental documentation and supporting technical analyses for many projects in nearby cities within Alameda County over the last six years, including more than 10 projects in the City of Pleasanton, four projects in the City of San Leandro, and four projects in the City of Hayward.
 We are proactive, responsive, and accessible. We emphasize frequent, informal client and agency communication and prepare concise verbal and written summaries and presentations of project information. As soon as we encounter a challenge, we immediately notify our clients and provide proven, short- and long-term strategies to remedy any situation, including emergencies and delays. Our project management staff have access to Microsoft Teams, Smartsheet, and Deltek VantagePoint. These tools facilitate the sharing of project-related information in real time, saving our clients time and money, and make project staff easily reachable for calls or meetings. Our project management philosophy revolves around an infrastructure of communication and assigning appropriately skilled resources to implement our project scope.

Exhibit A
318 of 414
As the City’s on-call consultant, we are committed to responding to project needs in a timely and cost-effective manner. Should you have any questions regarding this Scope of Work (Scope), please contact me at 415.713.5223 or [email protected], or Prathna Maharaj (Project Manager) at 650.515.1516 or [email protected].

We look forward to continuing our successful working relationship with you on this important project.

Sincerely,
FirstCarbon Solutions
Mary Bean, Senior Vice President
319 of 414
1 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
Project Team
Organizational Chart
FCS’s proposed management structure is illustrated in the organization chart below, followed by the qualifications of our staff.

Mary Bean
Project Director
Mary Bean has more than 31 years of experience managing the preparation of California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documents in both the public and private sectors. She is knowledgeable about a broad range of environmental topics, backed by her experience in the field, research, technical writing, and planning. She specializes in leading interdisciplinary teams in the preparation of technical studies that support environmental clearance at the local, State, and national levels. 320 of 414
2 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
Her depth of experience allows her to effectively strategize with clients about the most efficient approach to environmental review. In her 14 years with FCS, Ms. Bean has successfully led FCS’s services on more than 1,000 projects.

Prathna Maharaj, MURP, AICP
Project Manager
Prathna Maharaj, MURP, AICP, is an Environmental Project Manager with more than 7 years of experience in public and private sector planning. Ms. Maharaj specializes in environmental analysis and has worked on a range of residential, commercial, industrial, and infrastructure projects. She has experience with annexation projects requiring public service and utility demand forecasting and inter-agency coordination service provision.

She also worked on program-level environmental documents for specific plans, general plan updates, and infrastructure plans. Ms. Maharaj has developed a strong understanding of land use and housing policy at the University of California, Irvine, Master of Urban and Regional Planning (MURP) program, where she focused on sustainable community development. Furthermore, she has strong written and verbal communication skills and has provided support for a range of planning efforts.

Megan Starr, JD
Legal Counsel
Megan Starr, JD, is a licensed Attorney with more than 26 years of experience in providing support and direction to multiple stakeholders on large projects involving State and federal environmental laws, including CEQA, the Endangered Species Act, the Migratory Bird Treaty Act (MBTA), the National Historic Preservation Act (NHPA), the Clean Air Act (CAA), and the Clean Water Act (CWA). She has represented a wide variety of public agencies, including cities, counties, school districts, community services districts, transportation agencies, and water districts, on issues related to environmental and land use planning. Ms. Starr has also assisted in the preparation of numerous environmental documents, including Environmental Impact Reports/Environmental Impact Statements (EIRs/EISs), Categorical Exclusions, Findings of No Significant Impact (FONSIs), Negative Declarations (NDs), Multiple Species Habitat Conservation Plans (MSHCPs), and Mitigation Monitoring and Reporting Programs (MMRPs). In addition to providing legal counsel services, Ms.

Starr has served as a CEQA Guidelines Project Manager and has prepared and distributed customized CEQA Guidelines and related forms for more than 60 different public agencies.

Jackie Winkel, MUP
Air Quality/Greenhouse Gas Emissions and Energy Specialist Jackie Winkel, MUP, is a senior environmental and air quality planning professional with more than 14 years of CEQA/NEPA experience in project and programmatic air quality and greenhouse gas (GHG) emissions analysis and a robust regulatory background. She spent nearly a decade with the Bay Area Air Quality Management District’s (Bay Area Air District’s) Planning Division, developing deep expertise in the regulatory frameworks for air pollutants, air toxics, and the climate—regularly applying Air District CEQA guidelines, thresholds, and regional air plan policies to projects. On the regulatory and community front, she has led work 321 of 414
3 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
under the Bay Area Air District’s Community Air Risk Evaluation Program and Assembly Bill (AB) 617 to advance environmental justice, community engagement, and emissions reduction strategies. She is the principal author of Planning Healthy Places, a widely used guide that integrates air quality and land use planning to reduce exposure and improve land use compatibility, and she also led the modeling effort that created regional, screening-level data of all stationary and mobile air pollution sources in the San Francisco Bay Area region. She has a thorough understanding of the air quality and GHG emissions analysis methods recommended by several air districts, including the Bay Area Air District, South Coast Air Quality Management District (South Coast AQMD), and San Joaquin Valley Air Pollution Control District (Valley Air District). She applies this expertise to conduct defensible CEQA air quality and GHG emissions analyses aligned with various Air District thresholds and State requirements. As a project manager with FCS, Ms. Winkel manages overall project delivery, coordinates with clients, assigns work, reviews draft deliverables, and manages project schedules. On the public agency side, Ms. Winkel’s experience includes oral presentations to the general public and the Air District Board of Directors, community outreach and engagement, and stakeholder management.

Robert Carroll
Biological Resources and Regulatory Compliance Specialist Robert Carroll has more than 17 years of experience in environmental analysis, biological resources, and regulatory permitting. As a Biologist and Regulatory Specialist, Mr. Carroll’s expertise includes multi-agency regulatory permitting and compliance (NEPA, CEQA, and California and federal Endangered Species Acts), natural resource assessments, special-status flora and fauna species surveys, construction compliance monitoring, and wildlife habitat assessments. Mr. Carroll has extensive experience managing wetland delineation projects and performing regulatory permitting pursuant to the jurisdiction of the California Department of Fish and Wildlife (CDFW), the Regional Water Quality Control Board (RWQCB), the US Army Corps of Engineers (USACE), and other local and regional agencies and organizations. He is well versed in the CWA Sections 404 and 401 permitting and the CDFW Code 1602 permitting.

Hannah Carney, MAGD
Arboricultural/Biological Resources Specialist
Hannah Carney, MAGD, has more than 10 years of professional experience in providing environmental, sustainability, and compliance solutions services. She specializes in the agricultural and natural resources industry with extensive knowledge in arboriculture, urban forestry, and education and curriculum development.

In addition, Ms. Carney is well versed in biological technical reports and CEQA and NEPA documentation, including the preparation of EIRs and Initial Study/Mitigated Negative Declarations (IS/MNDs). She also conducts research, literature reviews, field monitoring, biological surveys, and arborist evaluations. Ms. Carney has experience in managing and performing regulatory permitting pursuant to the jurisdiction of the CDFW, the RWQCB, the USACE, and other local and regional agencies and organizations. Ms. Carney is also knowledgeable in project management tasks and client coordination. 322 of 414
4 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
Dana DePietro, PhD, RPA
Cultural Resources Specialist
Dana DePietro, PhD, RPA, is a Registered Professional Archaeologist (License No. 13517) who meets the Secretary of the Interior’s Standards for Archaeology and History with dedicated coursework and experience in the field of Historic Preservation. Dr. DePietro has more than 23 years of experience in all aspects of cultural resources management, including pre-contact and historic archaeology, paleontology, materials conservation, history of art and architecture, and community engagement. He has experience in compliance with NEPA, CEQA, the NHPA, and the Archaeological Resources Protection Act. Dr. DePietro has completed cultural resource projects that have involved agency, client, Native American, and subcontractor coordination; treatment plans and research design development; archival research; field reconnaissance; site testing; data recovery excavation; construction monitoring; site recordation; site protection/preservation; mapping/cartography; spatial analysis/Geographic Information System (GIS); laboratory analysis; materials conservation; artifact curation and exhibition; and report production. He has completed projects in California within the jurisdiction of the Bureau of Land Management (BLM) and other federal agencies requiring compliance with Section 106 of the NHPA. He has also completed projects throughout California under CEQA for State and local governments and municipalities and has worked with clients to ensure deliverables meet and exceed the standards set by the California Office of Historic Preservation (OHP).

Philip Ault, MS, LEED AP
Noise Specialist
Philip Ault, MS, LEED AP, has more than 20 years of experience in noise and air quality environmental impact analysis and is an expert in conducting noise evaluations and impact assessments, applying modeling and measurement techniques to complex land use and infrastructure projects. His experience includes preparing detailed noise studies, quantifying operational impacts, and developing objective mitigation strategies for regulatory compliance. As the Director of Noise Services, Mr. Ault is responsible for overseeing climatesustainability strategy, noise and air quality studies, and environmental management systems and regulatory compliance with CEQA and NEPA requirements. He has prepared project-level technical noise analyses and programmatic noise and vibration impact analyses for programmatic-level CEQA analyses, including general plans, general plan updates, and specific plans. Mr. Ault has managed more than 900 projects that included the coordination of technical teams across multiple disciplines, firms, and municipal staff. Mr. Ault has also managed multiple CEQA and NEPA projects that involved the preparation of Addenda, Exemptions, Initial Studies, EIRs (Environmental Impact Reports), and Environmental Assessments (EAs). In his role as Director of the Noise Team, he trains staff on conducting field noise measurements in compliance with Federal Highway Administration (FHWA), California Department of Transportation, Federal Transit Administration (FTA), and Housing and Urban Development (HUD) standards, as well as providing director-level review of all noise analyses. Mr. Ault also provides senior oversight, peer review, and expert testimony for FCS’s noise services. 323 of 414
5 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
Anthony Dover, PE, GE
Geotechnical Specialist | Ninyo & Moore
Anthony Dover, PE, GE, has more than 40 years of geotechnical engineering experience including design, construction and field engineering for large public and private sector infrastructure projects, site development and geotechnical engineering for complex industrial projects, and constructability evaluations. He has provided services for bridges and roadways, port and harbor facilities, airports, power plants, water conveyance and storage facilities, petrochemical facilities, oil and natural gas pipelines, earth structures, levees, offshore facilities, and commercial office buildings. Mr. Dover has worked on five continents and brings a practical perspective to the geotechnical services he provides.

Michael Stephenson, MBA, ERM
Hazards/Hazardous Materials Specialist
Michael Stephenson, MBA, ERM, has more than 31 years of project management, site assessment, and remediation experience gained from working on various projects, including large and complex industrial developments, for both private and municipal clients. Mr. Stephenson’s expertise includes property due diligence, risk management, environmental liability estimation, database management, and statistical data analysis. He has conducted human health and ecological risk assessments, RI/FS, and soil and groundwater characterizations; provided technical support for site closures; and managed several soil and groundwater remediation, monitoring, and investigation for projects involving human health and ecologically based risk analyses.

Kenneth Jeong, PE
Traffic/Transportation Peer Review Specialist | W-Trans Kenneth Jeong, PE, Senior Traffic Engineer, manages traffic engineering studies and provides technical support for transportation improvement projects. He is registered in California as a Traffic Engineer. Mr. Jeong received his B.S. in Civil and Environmental Engineering from San Jose State University (SJSU) in 2001. The Bay Area native began his consulting career immediately following graduation from SJSU contributing on Plans, Specifications, and Estimates for roadway improvement projects and traffic analyses for development projects all across the Bay Area. Mr. Jeong has a broad range of experience including multi-jurisdictional projects with evaluations of traffic operations using micro-simulation, roundabout analysis and planning, conducting traffic impact studies and reviewing school circulation issues.

Scope of Services
Project Understanding
FCS understands that Calibr Ventures Incorporated (applicant) has submitted applications to the City for the Hillside Specific Plan and development of the O’Connell Lane Residential Project (proposed project). The Hillside Specific Plan area encompasses approximately 6,244 acres, with Mission Boulevard to the west and city limits to the north, east, and south.
324 of 414
6 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
The Specific Plan area is comprised of three distinct subareas. Subarea 1 (Housing Cluster Area) comprises approximately 57 acres upon which development of approximately 403 residential units and related improvements to serve the residential uses is proposed. Subarea 2 (Union City Preservation Area) comprises approximately 1,047 acres, all of which would be offered for dedication to the East Bay Regional Parks District (EBRPD) and would be preserved for agricultural and open space use, with limited installation of infrastructure to support residential development in the Housing Cluster Area. Subarea 3 (Remaining Union City Area) includes approximately 5,104 acres of the Specific Plan area that would retain its existing General Plan and zoning designations, with limited installation of infrastructure to support residential development in Subarea 1.

In addition to the Specific Plan area, the proposed project would include an approximately 161-acre site located within the City of Fremont, immediately south of the Housing Cluster Area. Within this area, the proposed project would install an approximately 3.8-acre recreational staging area for EBRPD, develop a new access road to the staging area, install a new water storage tank for Alameda County Water District, and implement related grading and infrastructure improvements. The land within this area would also be offered to dedication to EBRPD.

The requested entitlements include General Plan Map and Text Amendments, New Specific Plan, Zoning Map and Text amendments, Tentative Subdivision Map, and a Development Agreement. The City of Fremont would be a responsible agency for the proposed project, and would involve a conditional use permit process.

Scope of Work
Task 1: Project Initiation and Kick-off Meeting
FCS will review relevant background material, develop an initial data needs list, and coordinate with the City to schedule a kick-off meeting (it is anticipated that the kick-off meeting will be completed via teleconference). The intent of the kick-off meeting is to clarify and confirm the details of the Scope and schedule, obtain copies of the project plans and other relevant information, and identify key points of contact. FCS will review relevant background documents to ensure project understanding. It is typically helpful to have all relevant team members attend this call (i.e., applicant, civil engineering design team, if applicable). FCS’s Senior Air Quality Scientist will also attend this meeting to clarify data needs. FCS will also provide a Request for Information (RFI), which will detail additional information needed to complete CEQA analyses. It is assumed that a complete RFI will be provided within two weeks of submittal.

Subtask 1a: CEQA-compliant Project Description
It is our understanding that the applicant will provide a draft Project Narrative. Using the information provided in that narrative and obtained during project initiation, FCS will prepare a comprehensive Project Description per CEQA requirements. The Project Description will identify the project location, describe the project characteristics, identify necessary approvals, and list other agencies that may use the document for environmental review. The Project Description will use graphics and tables to clearly convey relevant information to the reviewer and will include all of the information required to define the proposed project for the purposes of CEQA, including a clear explanation of the development components of the proposed project, a description of the construction and operational activities associated with the proposed project, and clearly illustrated project components displayed in exhibits based on Geographic Information System (GIS) data. 325 of 414
7 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
The approved Project Description will form the basis for evaluating the proposed project in the EIR. The administrative draft Project Description will be submitted to the City review and approval prior to the development of the Administrative Draft EIR. It is assumed that the City will coordinate review with the applicant, and provide one set of consolidated, vetted comments (with tracked changes in the Word document) on the administrative draft Project Description. FCS will revise the Project Description and provide it to the City within one week for final approval. Changes to the Project Description made after the City has issued their approval may require a Change Order and may extend the project schedule.

DELIVERABLE:
 Electronic copy (via email in Microsoft Word format and PDF) of the administrative draft Project Description to the City
 Electronic copy (via email in Microsoft Word format and PDF) of the final Project Description to the City Task 2: Applicant-provided Technical Studies Peer Review The applicant will provide the following studies/assessments:
 Arborist Report
 Preliminary Geotechnical Exploration
FCS will peer review the applicant-prepared studies to evaluate the methodologies used to reach the findings, opinions, and conclusions discussed, with a focus on ensuring the studies are adequate for purposes of CEQA.

FCS will deliver a separate peer review memorandum for each report to the City and applicant that documents the peer review findings. This scope assumes that the applicant will provide revised studies (if needed as a result of peer review), which FCS will peer review for a second time to ensure revisions from the peer review memoranda were incorporated. Any additional peer review would be covered under a separate scope and fee.

Once the studies are deemed complete by the City, FCS will incorporate the results of the studies, including findings and recommendations, into the Administrative Draft EIR. The studies will be included as appendixes to the Draft EIR.

Subtask 2.1: Arborist Report Peer Review
FCS will peer review the applicant-provided Arborist Report, prepared by Olberding Environmental, Inc. in February 2026, to ensure the supporting information is prepared according to established industry best practices and accurately characterizes the project site. The information will be reviewed for consistency, completeness, and adequacy for purposes of CEQA. As part of the peer review process, a qualified FCS Biologist and/or Arborist will perform a field visit (further described in Subtask 3.2; budget for the field survey is included in that task) to verify the existing conditions of the project site. FCS will provide a brief peer review memorandum to the City and the applicant that documents the peer review findings. Once the Arborist Report is deemed complete by the City, FCS will incorporate the biological resources supporting information and additional information provided from the field visit into the Biological Resources section of the EIR, and this information will be appended to the EIR. This Scope does not include the preparation of a stand-alone Arborist Report.
326 of 414
8 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
DELIVERABLE:
 Electronic copy (via email in PDF) of the Arborist Report Peer Review Memorandum to the City and the applicant.

Subtask 2.2: Preliminary Geotechnical Report Peer Review Ninyo & Moore, as a subconsultant to FCS, will peer review the applicant-provided Preliminary Geotechnical Exploration prepared by the applicant team. The proposed services are intended to support the EIR by reviewing the available geologic and geotechnical information, evaluating potential geologic and seismic hazards relevant to CEQA, identifying geotechnical constraints and mitigation considerations, and providing a technical memorandum suitable for incorporation into the EIR record.

Based on our understanding of the Project, our conversations with you, and our experience with hillside geologic and geotechnical evaluations in the San Francisco Bay Area, the following items shall be included as part of the peer review:

Review readily available project documents provided to us, including the RFP, available application materials, draft project descriptions, site plans, grading concepts, roadway improvement plans, and the applicantprepared Preliminary Geotechnical Report.  Review readily available geologic and seismic literature pertinent to the Project area, including geologic maps, fault maps, seismic hazard maps, landslide inventory maps, topographic data, aerial imagery, and other available data regarding geologic and seismic hazards in the Union City and Fremont hillside areas.  Review available information regarding regional and site-specific geologic conditions, including bedrock and surficial geology, slope stability, landslide susceptibility, fault rupture potential, seismic shaking, liquefaction, lateral spreading, settlement, expansive soil, corrosive soil, erosion potential, groundwater conditions, and other geotechnical considerations relevant to the Project.  Review the applicant-prepared Preliminary Geotechnical Report for general technical adequacy in support of CEQA documentation. Our review will focus on whether the report reasonably identifies geologic and geotechnical constraints, evaluates applicable geologic and seismic hazards, and provides appropriate preliminary recommendations and mitigation considerations for the proposed hillside residential development, roadway improvements, water tank, trails, stormwater facilities, and related infrastructure.  Perform a geologic site reconnaissance to observe readily visible surface conditions within representative portions of the Project area. The reconnaissance will focus on the proposed residential development area, major access corridors, proposed off-site roadway improvement areas, the proposed water tank area, and other accessible locations that may be relevant to geologic and geotechnical constraints. The reconnaissance will be visual in nature and will not include subsurface exploration.  Evaluate whether additional geotechnical investigation or design-level studies should be recommended as mitigation measures or conditions of approval for future phases of Project design, grading, subdivision improvement plans, infrastructure design, or building permit review. 327 of 414
9 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
Following review, Ninyo & Moore will prepare a geological and geotechnical technical memorandum presenting findings and conclusions. The memorandum will summarize the documents reviewed, describe our site reconnaissance observations, identify geologic and seismic hazards relevant to the CEQA analysis, provide comments on the applicant-prepared Preliminary Geotechnical Report, and present recommended mitigation measures or additional study requirements, as appropriate.

Following applicant-team revisions to the Geotechnical Report, Ninyo & Moore will conduct a second review to determine whether all comments have been sufficiently addressed and prepare a final memorandum. This scope also assumes Ninyo & Moore’s participation in one virtual kickoff or coordination meeting and up to two additional virtual coordination calls with the EIR team, City staff, or applicant team, as requested.

DELIVERABLE:
 Electronic copy (via email in PDF) of the draft Preliminary Geotechnical Report Peer Review Memorandum to the City.
 Electronic copy (via email in PDF) of the final Preliminary Geotechnical Report Peer Review Memorandum to the City.

Task 3: Technical Analyses
Subtask 3.1: Air Quality Assessment, Greenhouse Gas Emissions and Energy Assessment, and Health Risk Assessment
FCS will prepare an air quality, GHG emissions, and energy analysis to evaluate project-related construction and operational activities. The analysis will be wholly contained in the appropriate section of the EIR with any relevant supporting technical data appended to the document.

Air Quality Analysis
FCS will prepare an air quality analysis consistent with the requirements of the State CEQA Guidelines and Bay Area Air Quality Management District (Bay Area Air District) to support the CEQA document. The proposed project would include construction and operational activities that would generate ozone precursor and criteria air pollutant emissions. FCS will use methodologies and guidance from Bay Area Air District’s CEQA Air Quality Guidelines to model and evaluate the project’s air quality impacts.

Short-term construction emissions will be quantified using the latest version of the California Emissions Estimator Model (CalEEMod). The modeling will incorporate the type and size of the proposed uses, construction phasing schedule, and other construction data (duration of construction, area of land to be disturbed/graded, etc.).

Long-term (i.e., operational) regional criteria air pollutant and precursor estimates will include emissions from the proposed project’s area, stationary, and mobile sources. Mobile-source emissions will be based, in part, on the transportation analysis to be prepared for this project. Stationary sources, such as emergency generators, if 328 of 414
10 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
part of the proposed project, will be quantified using appropriate emission factors and methodologies from Bay Area Air District California Air Resources Board (ARB), and/or US Environmental Protection Agency (EPA). This task includes one round of comprehensive emissions modeling. Feasible mitigation measures will be identified, if necessary, to reduce emissions for those pollutants that exceed any significance thresholds.

Subtask 3.1.1: Health Risk Assessment
The Bay Area Air District suggests impacts associated with toxic air contaminant (TAC) and Particulate Matter

2.5 (PM2.5) exposure should be addressed on a case-by-case basis, taking into consideration the specific construction- and/or operational-related characteristics of each project and the proximity of receptors to sources of TACs and/or PM2.5 concentrations. The Bay Area Air District recommends that potential health risks be assessed consistent with Bay Area Air District permitting requirements, and include an evaluation of all possible receptors, including residential receptors, worker receptors, acute receptors, sensitive receptors, and on-site receptors. Therefore, based on the proximity of a single-family residence that is immediately adjacent to the proposed project site boundaries, FCS recommends performing a Health Risk Assessment (HRA) to evaluate potential construction-related TAC and PM2.5 impacts. The major TAC that affects health impacts in the air is diesel particulate matter (DPM). The following tasks will be required for the HRA:
 Define what a sensitive receptor is and identify nearby sensitive receptors.  Identify applicable federal, State, and Bay Area Air District rules and regulations.  Identify health risk standards and acceptable cancer and acute and chronic non-cancer risk thresholds from diesel emissions that are detailed in the California Office of Environmental Health Hazard Assessment (OEHHA) HRA Guidelines.
 Obtain the on-site construction equipment DPM emissions rates that were calculated in the air quality analysis prepared for the proposed project.
 Obtain the daily construction truck trip estimates used in the air quality analysis and calculate off-site heavy-duty truck DPM emissions rates within 1,000 feet of the project site.  Calculate the DPM concentrations at the nearby sensitive receptors associated with the on-site construction equipment and off-site truck emissions up to 1,000 feet from the project site using the emissions rates calculated in the previous steps and the methodology described in the OEHHA HRA Guidelines.
 Utilize the prior task’s calculated toxic air emission levels to calculate the cancer risk and the chronic and acute non-cancer health impacts at the nearby residential uses from construction of the proposed project.

In addition, FCS will evaluate potential exposure of future on-site residents who may occupy completed portions of the project while construction activities are ongoing in other phases. The analysis will quantify DPM emissions from construction equipment and assess incremental cancer risk and non-cancer hazard impacts at representative on-site receptor locations using applicable OEHHA guidance. It is assumed that the site would 329 of 414
11 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
be mass graded at the start of construction so the subsequent finish grading would be minimal. Results will be compared to the Bay Area Air District thresholds to determine the need for mitigation.

Greenhouse Gas Emissions Analysis
FCS will quantify the proposed project’s construction and operational GHG emissions using assumptions and methodologies consistent with those used in the air quality analysis. Estimated GHG emissions will be evaluated against appropriate cumulative significance thresholds established in the Bay Area Air District CEQA Guidelines. The Bay Area Air District quantitative thresholds of significance will be used to determine if the project’s generation of GHG emissions, based on its mass emissions or GHG emissions efficiency (GHG emissions per service population where service population equals the sum of residents and employees), is considered a significant impact.

Pursuant to CEQA Guidelines Appendix G, FCS will also evaluate the project’s design and purpose in the context of consistency with applicable GHG emissions reduction plans, including the City of Fremont’s “Climate Ready Fremont” Climate Action Plan, and the City of Union City Climate Action Plan (note the 2026 Update is currently in development and is therefore not a qualified CAP). The GHG Emissions Analysis will also address the California Supreme Court ruling on the Newhall Ranch project and will utilize current approved methods for quantifying GHG emissions impacts. Additional measures or design considerations will be proposed, as necessary, to reduce potential impacts to less-than-significant levels.

Energy Analysis
FCS will provide an analysis of energy impacts consistent with the CEQA Guidelines Appendix F Energy analysis requirements. The energy analysis will summarize relevant federal, State, and local laws and regulations and policies that address energy consumption and demand, alternative fuels, and nonrenewable resources to determine whether the proposed project would conflict with or obstruct any required policies or mandatory measures related to energy conservation. Using the model inputs and assumptions associated with the air quality and GHG emissions analyses, FCS will provide energy consumption estimates associated with the construction and operation of the project. Specifically, the analysis will calculate on-site construction equipment fuel and electricity consumption, off-site construction vehicle fuel consumption, and project operation electricity, natural gas, and vehicle fuel consumption, as applicable. The energy analysis will consider project design features that may affect the energy efficiency of the proposed project.

Data Needs and Assumptions
FCS will prepare and submit an RFI for the applicant to provide all necessary construction and operational parameters required for modeling. This analysis will be completed within 6 weeks of receipt of the RFI response, necessary traffic data, and the client-approved project description. If changes are made to the Project Description that would require re-modeling for the above Scope, it would be accomplished as an additional service not included in this Scope.

Subtask 3.2: Biological Resources Analysis
The FCS team will prepare a standalone Biological Resources Assessment (BRA) report for the proposed project, following the tasks outlined below. The BRA does not include the survey and analysis of the entire 330 of 414
12 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
6,244-acres of the Hillside Specific Plan, rather this task includes the survey and analysis of the Housing Cluster Area and other areas where grading or other ground disturbance would occur to implement the proposed project. If plans change and additional acreage is added to the proposed impact area, then a budget augment would be required to survey and provide an impact analysis to any additional acreage.

Literature Review
As part of the assessment, FCS Biologists will review and analyze existing information such as species occurrence databases, maps, aerial photographs, online tools, and technical reports and other documents related to the project site, including:
 Existing and available documentation and studies of biological resources in the project vicinity;  Arborist Tree Survey and Report for the O’Connell Lane Project (February 2026)  Literature, such as California Wildlife Habitat Relationships accounts and peer-reviewed papers, that describe habitat requirements of special-status species that occur in the region;  CDFW California Sensitive Natural Communities list; Special Vascular Plants, Bryophytes, and Lichens List; and Special Animals List;
 California Natural Diversity DataBase (CNDDB);
 California Native Plant Society (CNPS) Inventory of Rare Plants (Inventory);  United States Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) tool;  United States Geological Service (USGS) topographic maps (for elevation, topography, and potentially jurisdictional blue line streams) and the United States Fish and Wildlife Service National Wetland Inventory (NWI) for information about wetlands and waters;  United States Department of Agriculture (USDA) Web Soil Survey (WSS);  Current and historical aerial photos; and
 Union City General Plan.

General Biological Survey, Habitat Assessment, and Vegetation Mapping Following the database and literature reviews and field visit, FCS will prepare a technical report detailing the existing biological resources on the project site. The report will be prepared to support California Environmental Quality Act (CEQA) analyses and documentation and will include: (1) an introduction describing the project and environmental setting; (2) a review of applicable regulatory requirements; (3) a description of the methods used in the background research, field survey, assessment of the potential for special-status species; (4) a description of the results of the database (CNPS/CNDDB) searches and vegetation/habitat mapping; (5) a discussion of the distribution of biological features within and immediately adjacent to the project site, including 331 of 414
13 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
vegetation communities, wildlife habitats (including movement corridors and breeding habitats), and sensitive plant and wildlife populations, including federally-listed species, (6) an analysis of potential project impacts; and (7) recommended conservation measures to mitigate or avoid potential project impacts. The report will also include maps depicting special-status species occurrences within ten miles of the project site, and vegetation communities and wildlife habitats recorded on the project site.

The field survey will not include a formal assessment of the potential presence of waters of the US or State on the project site, which may be potentially regulated by the CDFW, US Army Corps of Engineers (USACE) and/or Regional Water Quality Control Board (RWQCB). However, a formal jurisdictional delineation is provided as an optional task below (Subtask 3.2.1).

Biological Resources Assessment
The results of the field survey and background research will be documented in a BRA, which will evaluate the potential of the project site to support sensitive biological resources, describe the existing biological conditions on-site, provide a list of special status-species considered in the assessment and their potential for occurrence, evaluate potential project-related impacts on sensitive biological resources, and recommend additional surveys and/or avoidance, minimization, and mitigation measures, if/as appropriate.

This Scope of Work includes one round of document revisions in response to comments from the City on the draft BRA. It is assumed that the City will coordinate review with the applicant team and will provide one set of consolidated, vetted comments (with tracked changes in the Word document) on the draft BRA. The document will be revised and updated, if necessary. If additional rounds of review are required, a separate Scope of Work and authorization may be required.

ASSUMPTIONS:
 Access and permission to enter the above-described project area must be granted to FCS in writing prior to field surveys.
 FCS is not responsible for delays due to conditions or circumstances outside of FCS control, such as (but not limited to) weather, site conditions (i.e., prohibited access, unsafe conditions, flooding), fire, etc.  Direct costs associated with the tasks described above, including mileage for travel to the site, survey equipment, and postage.
 The impact analysis will be based on one set of plans provided by the applicant.

DELIVERABLES:
 Electronic copy (via email in Microsoft Word format and PDF) of the draft BRA to the City  Electronic copy (as an appendix to the Draft EIR) of the final BRA to the City. 332 of 414
14 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
Optional Subtask 3.2.1: Jurisdictional Delineation
FCS will prepare a Jurisdictional Delineation Report, which will characterize the extent of potentially jurisdictional features within the Housing Cluster Area, as well as other areas where grading or other ground disturbance would occur. This subtask does not include the entire 6,244-acres of the Hillside Specific Plan. If plans change and additional acreage is added to the proposed impact area, then a budget augment would be required.

The delineation will characterize and determine the extent of potential jurisdictional features within the impact areas of the project site. These include areas subject to the jurisdiction of the United States Army Corps of Engineers (USACE) under Section 404 of the Clean Water Act (CWA), the Regional Water Quality Control Board (RWQCB) under Section 401 of the CWA, and/or the Porter-Cologne Water Quality Control Act, and CDFW under Section 1602 of the California Fish and Game Code.

The USACE and RWQCB delineation will be performed in accordance with methodologies within the USACE Wetland Delineation Manual and Arid West Regional Supplement. The delineation consists of the field identification of jurisdictional features using the three criteria described in the USACE manual: hydric soils, hydrology, and hydrophytic vegetation. The CDFW regulates activities that would alter the flow, bed, channel, or bank of streams and lakes. FCS will identify CDFW jurisdictional limits within the project boundaries by identifying the top of the stream banks, or the outer edge of riparian vegetation (whichever is wider), to determine CDFW-regulated resources.

Following the fieldwork for the delineation, FCS will prepare a Jurisdictional Delineation Report that conforms to requirements set forth by the USACE to document the results of the field delineation. The report will describe existing conditions, soils, hydrology, watersheds, and other pertinent information. Each feature will be described in terms of its width, length, vegetative characteristics, and jurisdictional characteristics. The report will use matrices and tables to assist the reader in accessing jurisdictional information for the proposed project.

Detailed maps, photographs, and figures will be included in the report to depict the locations of the jurisdictional features (if any) within the impacted areas of the project site.

This subtask assumes that one on-site meeting with the USACE and/or any other applicable regulatory agency will be required to verify the delineation. This subtask also includes one round of revisions to the Jurisdictional Delineation Report and associated maps based on input received from the USACE and/or any other applicable regulatory agency. If further on-site meetings or revisions are required, FCS can complete those requests following a budget augment.

Subtask 3.3: Cultural Resources Analysis
FCS will assess the potential for existing and undiscovered cultural resources and tribal cultural resources on the Housing Cluster Area, the results of which will be provided in a stand-alone Phase I Cultural Resources Assessment (PI CRA). This document will meet the Office of Historic Preservation standards for Phase I evaluations and can be used to support determinations in any additional CEQA reporting. This Scope assumes that the City will coordinate review with the applicant and provide one set of consolidated, vetted comments (with tracked changes in the Word document) on the PI CRA. 333 of 414
15 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
Copies of all correspondence and site survey photographs will be included in the appendices of the PI CRA.

Should significant cultural resources be discovered during the records search or pedestrian survey, the optional Site Recordation task line will be utilized as described below.

Record Searches
FCS will conduct a records search at the Northwest Information Center, located in Rohnert Park. The record search will include a search of previous studies and identified cultural resources within the project area and a

0.5-mile radius. The National Register of Historic Places, the California Register of Historical Resources, the California Historical Resources Inventory, the California Historical Landmarks, the California Points of Historical Interest listings, the Historic Property Data File, and historic maps and photographs will be consulted along with other pertinent historic data.

Additionally, FCS will request a review of the geology and paleontology of the area as reported in scientific literature and a records search of the Regional Paleontological Locality Inventory at the University of California, Berkeley. The results of the paleontological records search will be summarized in the Geology and Soils section EIR and will include recommendations for any mitigation measures deemed appropriate.

As part of the records search, FCS will prepare and submit a request to the Native American Heritage Commission to check their Sacred Lands File for Tribal Cultural Resources (TCRs) that may be adversely impacted by the proposed project. From the Native American representatives list provided by the NAHC, letters will be sent to each tribal representative requesting any additional information they may have about the project site. Please note that this process is for information gathering purposes to support conclusions made within the cultural resources analysis and does not satisfy the lead agency consultation requirements pursuant to Assembly Bill (AB) 52 or Senate Bill (SB) 18. FCS will also attempt to locate and contact local historical societies that may have additional information about the project site, or interest in the proposed project. All records search results and correspondence will be included in the PI CRA and will be summarized in the EIR along with recommendations for any feasible mitigation measures deemed appropriate.

Cultural Resources Field Survey
A pedestrian field survey will be conducted for the project site by an FCS Project Archaeologist utilizing standard 15-meter transect intervals and will include all portions of the Housing Cluster Area, where possible.

An initial review of historic aerials dating back to 1946 indicates that the project site likely contains buildings or structures over 50 years in age. Properties over 50 years in age are considered potential historic resources under CEQA and may require determination as to (1) whether the property is a historic resource and (2) whether the proposed project may cause a substantial adverse change in the significance of a historic resource.

DELIVERABLES:
 Electronic copy (via email or Dropbox in Microsoft Word format and PDF) of the draft CRA.  Electronic copy (via email or Dropbox in PDF) of the CRA. 334 of 414
16 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
Subtask 3.3.1: Tribal Consultation Support
At the City’s request, FCS will draft notification letters, using the City’s letterhead, to initiate tribal consultation on the City’s behalf pursuant to SB 18 and AB 52. This scope assumes two virtual meetings with the City and Tribal Representatives are needed. We prioritize government-to-government communication, coordinate closely with the City to ensure consistency and sensitivity in outreach, and remain responsive to tribal preferences regarding communication methods, confidentiality, and cultural protocols. It is also assumed that 20 staff hours will be sufficient to complete this task. If additional meetings or coordination becomes necessary, FCS can continue tribal consultation under a separate scope of work.

DELIVERABLES:
 Draft AB 52 and SB18 notification letters for the City to distribute.

Optional Subtask 3.3.2: Optional Site Recordation
Archaeological sites and buildings/structures more than 50 years in age are considered potential historic resources under CEQA and may require evaluation for eligibility on the California Register of Historic Resources. Any archaeological sites or buildings of historic age discovered as a result of the pedestrian survey will need to be initially evaluated for significance and recorded on appropriate Department of Parks and Recreation (DPR) forms. The project site may have already been evaluated for historical resources through a previous survey or analysis; however, FCS cannot determine, prior to completion of the records search or field survey, the need for recordation or the number of additional sites to be recorded.

If historic properties or cultural resources are found within the project site, and if completion of DPR site forms is required, the Optional Site Recordation task will be utilized. Should initial evaluation reveal that a more detailed evaluation or historic context statement is required to properly record the resources, a stand-alone cultural resources report will be written to accompany the CEQA document.

It is currently assumed that no historic structures or archaeological sites will require evaluation and subsequent recordation on DPR forms. Recordation and evaluation costs are highly dependent on what is found and will be addressed in a separate Scope, if required.

Subtask 3.4: Noise Impact Analysis
FCS will complete a noise analysis that will include an evaluation of short-term (construction) and long-term (operation) noise impacts to satisfy the City’s noise impact analysis requirements. The analysis will be wholly contained in the CEQA document, and the supporting technical data will be appended to the document.

Compile and Summarize Background Information
The general characteristics of sound and the categories of audible noise will be described. The regulatory framework related to noise, including applicable federal, State, and City laws, regulations, plans, policies, and standards, will be summarized. The existing ambient environmental conditions will be documented through an ambient noise monitoring effort. Up to 4 short-term ambient noise measurements will be taken to document the existing daytime ambient noise conditions in the project vicinity. 335 of 414
17 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
Construction Noise and Vibration Impact Analysis
Construction would involve the short-term operation of heavy equipment in the vicinity of sensitive receptor land uses. EPA-recommended noise emission levels will be used for the construction equipment. The noise analysis will identify the closest noise sensitive receptors to the proposed development construction footprint and will quantify potential construction noise impacts in comparison to the City’s Noise Ordinance specifications and will determine whether construction would result in a substantial temporary increase in ambient noise levels as measured at these receptors.

FCS will also analyze potential vibration impacts from construction activities associated with development that could occur with implementation of the proposed project. FCS will utilize the methodology and thresholds contained in the Transit Noise and Vibration Impact Assessment Manual prepared by the Federal Transit Administration for determining construction-related groundborne vibration impacts.

Operational Noise Impact Analysis
A quantitative assessment of long-term operational noise impacts will be performed. Project-related traffic noise impacts will be determined based on whether the proposed project would generate a substantial permanent increase in traffic noise levels in the project vicinity in excess of standards established in the City’s General Plan or Noise Ordinance.

Potential noise impacts from project-related stationary noise sources, such as new mechanical system operations, will also be evaluated to determine if the proposed project would generate a substantial permanent increase in ambient noise levels in excess of the City’s operational noise performance standards.

Airport Noise Impact Analysis
A qualitative assessment of airport noise impacts will also be evaluated to identify whether the project would expose people residing or working in the project area to excessive airport noise levels. The analysis will identify whether the project site lies outside of the Airport Land Use Compatibility Plan (ALUCP) identified noise contours which are considered compatible with the City’s noise land use compatibility standards for the proposed land use.

Data Needs and Assumptions
FCS will prepare and submit an RFI for the applicant to provide all necessary construction and operational parameters required for modeling. This analysis will be completed within 6 weeks of receipt of the necessary project data and the City-approved Project Description. If changes are made to the Project Description that would require re-modeling for the above Scope, the re-modeling would be accomplished as an additional service not included in this Scope.

Subtask 3.5: Traffic Impact Analysis
W-Trans, as a subconsultant to FCS, will prepare the Transportation Analysis for the proposed project. The Transportation Analysis would include both CEQA and non-CEQA analyses, as provided below. This scope of work would be subject to review and approval by City staff prior to commencement of work. Should City review 336 of 414
18 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
result in any changes to the scope of work, an amendment to the work plan, fee estimate, and /or schedule may be required.

CEQA Analysis
The proposed project’s estimated Vehicle Miles Traveled (VMT) will be determined using the guidance provided by the California Governor’s Office of Planning and Research (OPR) in the publication Transportation Impacts (SB 743) CEQA Guidelines Update and Technical Advisory, 2018, the most recent version of the Alameda County Travel Demand Model and adopted City standards. W-Trans will work with Kittleson & Associates (KAI) to extract VMT data from the County’s travel forecast model. Because this is a residential project in a suburban environment there is the likelihood that there will be a significant VMT impact. If needed, W-Trans will recommend appropriate mitigation measures to reduce the proposed project’s anticipated VMT per capita, to the extent feasible.

Additionally, the proposed site plan will be reviewed in terms of safety, access (including emergency vehicles), and adequacy of facilities for pedestrians, bicyclists, and transit riders. A discussion of existing pedestrian, bicycle and transit facilities will be provided, along with a review of the adequacy of site access and circulation for pedestrians, bicyclists, and transit riders. Pedestrian safety issues will be identified, including pedestrian access to transit lines. If found to be appropriate, measures to improve pedestrian, bicycle and transit access will be recommended. This proposed project will also be reviewed to confirm consistency with applicable local programs, plans, ordinances and policies. Adequacy of emergency access and the project’s potential impact on emergency response times will be assessed.

An administrative draft CEQA Transportation Analysis will be prepared and submitted to the City for review. It is assumed that the City will coordinate review with the applicant team and provide one set of consolidated, vetted comments on the draft CEQA Transportation Analysis. Comments from City staff will be addressed, and a final report will be provided as an appendix to the Draft EIR.

Non-CEQA Analysis
A separate Intersection Operations Analysis document will be prepared, which will be focused on relevant General Plan consistency. Tasks include the following:

1. Collect Traffic Data and Field Visit. Based on the site location and likely trip patterns, W-Trans proposes to evaluate the following study intersections:

1. Mission Boulevard/Whipple Road

2. Mission Boulevard/Decoto Road

3. Mission Boulevard/O’Connell Lane-Hollyleaf Lane

4. Mission Boulevard/Appian Way

5. Mission Boulevard/Nursery Avenue

6. Mission Boulevard/Niles Boulevard-State Route 84
At each study intersection we will collect new data needed for the transportation analysis, including weekday a. m. (7:00 – 9:00 a. m.) and p. m. (4:00 – 6:00 p. m.) intersection turning movement counts. The list of study intersections will be confirmed with City of Union City Staff prior to start of any data collection activity. 337 of 414
19 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
A field visit of the project site and study area will be conducted. Specific attention will be paid to sight distance for both exiting and entering movements at the site’s proposed driveways and potential conflicts with other driveways. Appropriate field notes and photos will be taken. During the field visit, we will also observe and note the following:
 Roadway cross-sections
 Intersection lane geometry and configuration
 Traffic control devices
 Surrounding land uses
 Sight distance
 Locations of pedestrian, bicycle, and transit facilities

2. Intersection Analysis. The analysis time periods for this study will be the weekday a.m. and p.m. peak hours. The analysis methodology and software used for the study intersections will be confirmed with City staff prior to commencement of analysis. We are proposing to use Synchro analysis software and the most recent version of the Highway Capacity Manual methodologies. The intersection level of service analysis will be provided as part of the traffic operations analysis and will be provided in a non-CEQA chapter of the report. The traffic study will include the following traffic study scenarios:
 Existing Conditions. Existing operating conditions at the study intersections will be estimated based on the field reconnaissance, data collection, and methodologies described above.  Existing plus Project Conditions. Project operating conditions will be analyzed based on a forecast of net-new trips associated with the proposed project added to the Existing Conditions traffic volumes.

The trip generation for the project will be determined based on standard rates published by ITE in Trip Generation Manual, 12th Edition, 2025.
 Cumulative Conditions. Existing Condition peak hour volumes plus anticipated forecasted growth for the year 2040 derived from the Alameda County Transportation Commission (ACTC) Travel Demand Forecast Model. This scenario assumes completion of planned associated geometric and traffic control improvements (if any) at the study intersections.
 Cumulative plus Project Conditions. Cumulative plus Project operating conditions will be analyzed based on a forecast of net-new trips associated with the proposed project added to the Cumulative (No Project) Conditions traffic volumes.

3. Improvement Measures. If it is determined the proposed project would result in a significant operational effect on any of the study facilities, then improvement measures will be recommended and described in the report. An operational analysis of the conditions before and after incorporating the recommended measures will be provided.

A draft non-CEQA Transportation Analysis Report that provides details of the analysis and findings will be prepared and submitted to the City for review. It is assumed that the City will coordinate review with the applicant and provide one set of consolidated, vetted comments on the draft non-CEQA Transportation Analysis Report. Comments will be addressed, and a final report submitted. Comments that require analysis not included in the original scope of work will be considered beyond the scope of our contract. 338 of 414
20 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
DELIVERABLES:
 Electronic copy (via email or Dropbox in Microsoft Word format and PDF) of the draft CEQA Transportation Analysis Report
 Electronic copy (as an appendix to the Draft EIR) of the final CEQA Transportation Analysis Report  Electronic copy (via email or Dropbox in Microsoft Word format and PDF) of the draft non-CEQA Transportation Analysis Report
 Electronic copy (via email or Dropbox in PDF) of the final non-CEQA Transportation Analysis Report Optional Subtask 3.6: Phase I Environmental Site Assessment Under the direction of FCS, Cameron-Cole, LLC (Cameron-Cole), an ADEC Innovations company, will provide the Phase I ESA. The objective of the Phase I Environmental Site Assessment (Phase I ESA) is to identify, to the extent feasible, the presence or likely presence of recognized environmental conditions (RECs) associated with the property. The scope of services for the Phase I ESA is as follows:

Site Use History
Cameron-Cole will review the following information to identify the historic use(s) of the property and surrounding properties:
 Historic city directories, when available, to determine prior business use of the subject and adjacent properties.
 Historic aerial photographs, when available, to evaluate past activity on the subject property and in the general vicinity of the subject property.
 Historic topographic maps, when available, to evaluate past activity on the subject property and in the general vicinity of the subject property.
 Sanborn Fire Insurance Maps, when available, to evaluate past property uses in the subject property area.

The above information will then be evaluated to determine whether historic property use(s) constitute a REC to the subject property.

Regulatory Status Review
Cameron-Cole will review government regulatory agency list for government records regarding possible hazardous material and petroleum products handling, spills, storage, and production at the subject property or in the vicinity of the subject property that may constitute a REC to the property. Envirosite Corporation will provide the lists to Cameron-Cole in accordance with ASTM International (ASTM) Standard E1527-21 Standard Practice for ESAs.
339 of 414
21 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
This Scope does not include a review of the individual government agency files since the size of the files is unknown and the length of time to obtain them is highly variable and would likely cause scheduling delays. If a Freedom of Information Act request is necessary to satiate a significant data gap, the client will be notified of any additional cost and potential time delays such a request may impose.

Geology/Hydrogeology
Cameron-Cole will review available US Geological Survey 7.5-minute Topographic Map(s) to determine surface topography and estimated surface and groundwater flow direction. When determined necessary, CameronCole will additionally review published regional geology and hydrogeology information to evaluate potential pathways of contaminant migration and the potential receptors of contamination, if present, in the vicinity of the subject property.

Site and Area Reconnaissance
Cameron-Cole will perform a visual inspection of accessible portions of the subject property to identify potential RECs. Additionally, Cameron-Cole will perform an area reconnaissance within 0.5-mile of the subject property along accessible roadways to identify the presence or likely presence of RECs that could be associated with adjacent properties.

Reporting
Upon FCS’s review and approval of the report, Cameron-Cole will issue the Phase I ESA Report in electronic format. The report will present the background information, purpose and scope of services, execution of work, findings, and conclusions. The reporting scope also includes discussion and response to client comments.

Photographs, maps, figures, government record report, historical documentation, and any additional support material necessary to present our findings will also be included.

DELIVERABLE:
 Electronic copy (via email in PDF) of the Phase I ESA.

Task 4: Notice of Preparation and Scoping Meeting
FCS will prepare a draft Notice of Preparation (NOP) in accordance with CEQA Guidelines Section 15082. The NOP will identify the project location, provide a summary of the project characteristics, and list probable environmental effects, supported by tables and color graphics. FCS will submit the draft NOP to the City. It is assumed that the City will provide one set of consolidated, vetted comments (with tracked changes in the Word document) on the draft NOP to FCS within two weeks of submittal. Once FCS receives these comments, FCS will complete revisions and prepare an NOP for public review. FCS will submit the NOP and accompanying Notice of Completion (NOC) to the State Clearinghouse (SCH) electronically, and coordinate with the City for distribution of the NOP to public agencies and private parties. This Scope assumes that an Initial Study will not be prepared, as the determination to proceed with a project-level EIR has already been made by the City. 340 of 414
22 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
DELIVERABLES:
 Electronic copy (via Dropbox in Microsoft Word format and PDF) of the Draft NOP to the City.  Electronic copy (via Dropbox in PDF) of the NOP to the City.  Electronic copy (via CEQAnet) of the NOP and NOC to the SCH.

Subtask 4.1: Public Scoping Meeting
FCS’s approach to public and tribal outreach is proactive, relationship-driven, and tailored to the specific community and cultural context of the project. We go beyond minimum noticing requirements by developing a coordinated outreach strategy early in the process that integrates public engagement and tribal consultation as core components of project development. For public outreach, we prepare clear, accessible materials and support a range of engagement methods, such as a comprehensive project overview at the NOP Scoping Meeting and virtual outreach tools, to ensure broad and meaningful participation, with a focus on reaching underrepresented stakeholders.

For tribal outreach, we initiate early and respectful consultation in accordance with AB 52 and SB18, leveraging our established relationships and experience working with tribal representatives, as noted above under Subtask

3.3.1. Our team documents all outreach efforts comprehensively and ensures that input received is meaningfully considered and integrated into the environmental review process, supporting both CEQA compliance and the development of a defensible and inclusive record.

Further, FCS will coordinate with City staff to prepare for and facilitate a public scoping meeting within the 30- day NOP scoping period. FCS will prepare a presentation that provides an overview of the CEQA process, highlighting opportunities for public input throughout preparation of the EIR. Additionally, the presentation will highlight key components of the proposed project, with supporting graphics as-needed. Following the presentation, FCS will receive public comments on the scope of the EIR, and answer questions related to the proposed project scope and CEQA process.

FCS will monitor comments received and following the meeting, prepare a Scoping Meeting Summary Memo with a comprehensive list of public comments received during the 30-day scoping period and summary of environmental concerns raised. Input will be used to focus the issues to be addressed in the Draft EIR, as appropriate. The Scoping Meeting Summary Memo and the written comments letters will be appended to the Draft EIR. A summary of the verbal and written comments will be included in the Introduction section of the Draft EIR.

DELIVERABLES:
 Electronic copy (via Dropbox in PDF) of the Scoping Meeting Summary Memo to the City.

Task 5: Administrative Draft EIR
FCS will prepare the Administrative Draft EIR in accordance with the applicable requirements contained in CEQA Guidelines Sections 15120 through 15132. The document will identify potentially significant impacts, feasible mitigation measures, and the residual significance after mitigation has been implemented. The 341 of 414
23 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
Administrative Draft EIR will include narrative text, tables, exhibits, and technical appendices. The contents of the Administrative Draft EIR are listed as follows:
 Executive Summary
 Introduction
 Project Description
 Environmental Impact Analysis
 Aesthetics
 Agriculture and Forestry Resources
 Air Quality
 Biological Resources
 Cultural and Tribal Cultural Resources
 Energy
 Geology and Soils
 GHG Emissions
 Hazards and Hazardous Materials
 Hydrology and Water Quality
 Land Use and Planning
 Mineral Resources
 Population and Housing
 Public Services
 Transportation
 Utilities and Service Systems
 Wildfire
 Alternatives
 Other CEQA Considerations
 Effects Found Not To Be Significant
 List of Preparers and Contributors
 Technical Appendices
Cumulative Effects
FCS will describe the reasonably foreseeable projects within a City-approved defined study area that may result in cumulative impacts associated with the proposed project. This Scope assumes that the City will provide FCS with a list of cumulative projects to be included in the analysis.

Cumulative projects may be defined within a specified area around the project site as (1) projects constructed but not occupied; (2) projects approved, but not constructed; (3) pending projects for which pre-filing or filing of an application with its respective lead agency has occurred; and (4) anticipated or announced projects for which no application has yet been filed with the lead agency. However, note that the geographical extent of the evaluation area for cumulative impacts varies, depending upon the technical issue to be addressed. For instance, the evaluation area for air quality encompasses the local air basin, while the evaluation area for traffic encompasses the local roadway network. Findings of relevant court cases will be used to address all pertinent issues. Cumulative projects will be discussed for each technical issue. Growth-inducing impacts will be evaluated separately in the Draft EIR in the Other CEQA Considerations section.

Alternatives
Pursuant to CEQA Guidelines Section 15126.6, the EIR will evaluate a reasonable range of potentially feasible alternatives to the proposed project. One of the alternatives will be the CEQA-mandated “No Project Alternative,” which is the circumstance under which the project does not proceed and no building would occur.

FCS will evaluate up to two additional alternatives. In addition, the Alternatives section will address the feasibility of any alternatives that were initially considered but rejected from further consideration. Each alternative will be described in sufficient detail and evaluated on a topical section basis against the proposed project to determine if it will have fewer, equivalent, or greater impacts. A matrix will be provided comparing each alternative’s impacts on the various topical areas. The environmentally superior alternative will be identified.
342 of 414
24 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
Effects Found not to be Significant
CEQA Guidelines Section 15143 establishes that EIRs will focus on significant impacts on the environment and need not discuss in detail effects that are clearly insignificant or unlikely to occur. FCS will prepare the NOP, identifying any resource categories or topical areas (if any) that can be properly “scoped out” pursuant to Section 15143 given the location and context of the project site. A section titled Effects Found not to be Significant will be included in the Draft EIR to document the justification for resource categories excluded from detailed analysis in the Draft EIR.

DELIVERABLE:
 Electronic copy (via Dropbox in Microsoft Word format and PDF) of the Administrative Draft EIR (with technical studies) appended to the City.

Task 6: 2nd Administrative Draft EIR
It is assumed that the City will coordinate review with the applicant team and provide one set of consolidated, vetted comments (with tracked changes in the Word document) on the 1st Administrative Draft EIR. Once FCS receives these comments, FCS will complete revisions and prepare a 2nd Administrative Draft EIR for review.

DELIVERABLE:
 Electronic copy (via Dropbox in Microsoft Word format and PDF) of the 2nd Administrative Draft EIR to the City. FCS will also provide a track change version in PDF format of the 2nd Administrative Draft EIR for reference.

Task 7: Screencheck Draft EIR
It is assumed that the City will coordinate review with the applicant team and provide one set of consolidated, vetted comments (with tracked changes in the Word document) on the 2nd Administrative Draft EIR. Once FCS receives these comments, FCS will complete revisions and prepare a Screencheck Draft EIR for review.

DELIVERABLE:
 Electronic copy (via Dropbox in Microsoft Word format and PDF) of the Screencheck Draft EIR to the City.

FCS will also provide a track change version in PDF format of the Screencheck Draft EIR for reference.

Task 8: Public Draft EIR
We assume that the City will coordinate review with the applicant team and provide one set of consolidated, vetted comments (with tracked changes in the Word document) on the Screencheck Draft EIR. Upon receipt of final City comments on the Screencheck Draft EIR, FCS will proceed with finalizing and producing the Draft EIR for public review. This task assumes technical staff time to complete revisions to the Draft EIR, plus editing and administrative staff time to prepare the document for publication. If additional hours are required, FCS will prepare a budget augment to cover the additional level of effort. 343 of 414
25 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
FCS will prepare, and City staff will distribute copies of the Draft EIR to responsible agencies and the public for a 45-day public review period. FCS will provide the SCH with an electronic copy of the document (and appendices) and required notices and forms (the NOC, Notice of Availability [NOA], and Summary Form) via CEQAnet to begin the public review period. FCS will be responsible for drafting the NOC and Summary Form and the City will be responsible for drafting the NOA. FCS will provide copies of the Draft EIR to the City, and the City will be responsible for local distribution, noticing, and posting. Finally, this Scope assumes that City staff will prepare and mail all notices associated with the Draft EIR to local agencies and interested parties.

DELIVERABLES:
 Electronic copy of the Draft EIR and appendices (via Dropbox in PDF) to the City.  Electronic copy (via CEQAnet) of the Draft EIR and appendices, NOC, NOA, and LCI Summary Form to the SCH.

Task 9: Administrative Final EIR
FCS will prepare an Administrative Final EIR in accordance with the applicable requirements contained in CEQA Guidelines Sections 15088 and 15089. The Administrative Final EIR will list all agencies, organizations, and individuals who submitted written comments on the Draft EIR during the public review period and provide written responses to those comments. To enhance readability and avoid redundancy, FCS will use Master Responses, as appropriate, to address frequent and reoccurring comments on the Draft EIR’s analysis.

Additionally, the Administrative Final EIR will contain an Errata, which will document minor changes to the Draft EIR text in strikeout-underline format.

FCS representatives will attend and present a summary of the Draft EIR at up to two public comment sessions during the public review period (meeting attendance at the public comment session is accounted for in Task 14:

Meetings, Public Hearings, and Phone Calls). FCS will summarize verbal comments received at the meeting in the Administrative Final EIR and provide written responses to said comments.

Based on FCS’s experience responding to comments, we have budgeted 150 hours of FCS staff time (including technical, editing, and administrative personnel) for this task. For the purpose of this scope of work, the anticipated level of effort reflects the receipt of up to seven (7) non-attorney comment letters. Together with the City, FCS will evaluate the volume and complexity of comments received on the Draft EIR. If additional time is required beyond what is budgeted, FCS will prepare a budget augment to cover the actual level of effort.

DELIVERABLE:
 Electronic copy (via Dropbox in Microsoft Word format and PDF) of the Administrative Final EIR to the City.

Task 10: 2nd Administrative Final EIR
FCS will respond to City comments on the Administrative Final EIR. It is assumed that the City will provide one set of consolidated, vetted comments (with tracked changes in the Word document) on the Administrative Final EIR. Upon receipt of the consolidated set of comments, FCS will prepare the 2nd Administrative Final EIR. 344 of 414
26 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
DELIVERABLE:
 Electronic copy (via Dropbox in Microsoft Word format) of the 2nd Administrative Final EIR to the City. FCS will also provide a track change version of the 2nd Administrative Final EIR for reference.

Task 11: Screencheck Final EIR
FCS will respond to City comments on the 2nd Administrative Final EIR. It is assumed that the City will provide one set of consolidated, vetted comments (with tracked changes in the Word document) on the 2nd Administrative Final EIR. Upon receipt of the consolidated set of comments, FCS will prepare the Screencheck Final EIR.

The intent of the Screencheck Final EIR is to allow City staff to review final changes to the Final EIR prior to publication. It is anticipated that any comments on the Screencheck Final EIR would concern minor points and not require major revisions.

DELIVERABLE:
 Electronic copy (via Dropbox in Microsoft Word format and PDF) of the Screencheck Final EIR to the City.

FCS will also provide a track change version of the Screencheck Final EIR for reference.

Task 12: Final EIR
It is assumed that the City will provide one set of consolidated, vetted comments (with tracked changes in the Word document) on the Screencheck Final EIR. Once City staff provides final comments on the Screencheck Final EIR, FCS will proceed with finalizing and producing the Final EIR. This task assumes technical staff time will be required to complete revisions to the Final EIR, plus editing and administrative staff time to prepare the document for publication. If additional hours are required, we will prepare a budget augment to cover the actual level of effort.

FCS will provide copies of the Final EIR to the City, who will be responsible for local distribution and noticing.

FCS will provide SCH with an electronic copy of the document and required notices and forms (the NOC and Summary Form) via CEQAnet 10 days before City Council hearing on the proposed project. FCS will also prepare the Notice of Determination (NOD) for the project and file with the County Clerk within five business days of EIR certification.

DELIVERABLES:
 Electronic copy (via Dropbox in PDF) of the Final EIR to the City.  Electronic copy (via CEQAnet) of the Final EIR, NOC, and LCI Summary Form to the SCH.  An electronic copy of the NOD to the City.
 Hard copy of the NOD to the Alameda County Clerk.

Task 13: Mitigation Monitoring and Reporting Program
FCS will prepare a comprehensive MMRP, pursuant to CEQA Guidelines Section 15097. The MMRP will contain all mitigation measures identified in the EIR. This comprehensive MMRP will provide City staff with a 345 of 414
27 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
single source of reference to the full range of mitigation measures to be implemented. For each measure or group of similar measures, the agency responsible for ensuring proper implementation will be identified, along with the timing and method of verification. The MMRP will be included in the Final EIR submittal.

Once FCS receives consolidated, vetted comments (with tracked changes in the Word document) on the MMRP, FCS will complete revisions and provide the City with a final MMRP.

DELIVERABLES:
 Electronic copy (via email in Microsoft Word format) of the draft MMRP to the City.  Electronic copy (via email in PDF) of the MMRP to the City.

Task 14: Findings of Fact and Statement of Overriding Considerations Pursuant to CEQA Guidelines Sections 15091 and 15093, FCS will prepare draft Findings of Fact for each potentially significant effect identified in the EIR and a Statement of Overriding Considerations for any unavoidable significant impacts associated with the proposed project. As required by the CEQA Guidelines, one of three findings must be made for each significant effect and must be supported by substantial evidence in the record. The Statement of Overriding Considerations will rely on input from the project team regarding the benefits of the project. FCS’s Project Manager will consult with the City to review draft findings and to finalize the findings.

DELIVERABLES:
 Electronic copy (via Dropbox in Microsoft Word format) of the draft Findings of Fact and Statement of Overriding Considerations to the City.
 Electronic copy (via Dropbox in PDF) of the Findings of Fact and Statement of Overriding Considerations to the City.

Task 15: Administrative Record
FCS will compile an electronic copy of the administrative record, consisting of all documents and material used in the preparation of the Draft and Final EIR.

Task 16: Meetings, Public Hearings, and Phone Calls
This Scope assumes that FCS’s Project Director or Project Manager will attend the following meetings:

Coordination Meetings:
 Bi-weekly check in meetings with City staff and project team members (as-needed) conducted during the preparation of the EIR. It is assumed that these meetings can be completed via conference call. Based on the proposed project schedule, this scope assumes up to sixteen (16) 30-minute team calls. Additional meetings (e.g. weekly check ins), as needed, during certain periods of the CEQA process can be included as requested.
346 of 414
28 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
Public Comment Meetings (during public review of the Draft EIR):
 Two, 4-hour meetings
Final EIR and Project Entitlements:
 Planning Commission and City Council - Three, 4-hour meetings The cost for the Public Scoping Meeting is included in Task 4. As noted, the meetings would consist of a combination of coordination meetings with staff and public hearings. A not-to-exceed budget has been established to cover attendance at the meetings. If the City requests additional meeting attendance by FCS staff, or if the amount of time involved in these meetings exceeds the initial budget allocation, FCS will notify City staff of the additional costs and obtain authorization for the extra meeting time.

Task 17: Project Management and Interagency Coordination In addition to the research, analysis, communications, and report writing tasks described above, FCS will perform a variety of project management duties to ensure that the EIR meets the City’s standards of quality, and that it is delivered on time and within budget. These duties will include team supervision and coordination, oral and written communications with City staff, project accounting, and quality assurance review by FCS’s Project Director and Technical Editor of all deliverable products. These services will also include ongoing support to City staff, such as providing input to staff reports, regular schedule updates, and discussions of technical issues.

Additionally, FCS will provide comprehensive interagency coordination services to support efficient project delivery and maintain clear, consistent communication among all involved parties. We emphasize proactive and responsive communication, ensuring that agency staff, applicants, technical specialists, and stakeholders are kept informed of project status, key milestones, and emerging issues.

Our team will serve as a central point of contact for coordination with responsible and trustee agencies, utility providers, and other stakeholders, as applicable. We will facilitate timely information exchange, track coordination efforts, and ensure that agency input is incorporated into project documents in a clear and defensible manner.

FCS brings established working relationships and key points of contact across local and regional agencies, including the EBRPD, City of Fremont, CDFW, and other relevant regulatory agencies. These relationships are built on successful collaboration through recent projects and longstanding professional engagement, allowing our team to efficiently navigate agency processes, anticipate expectations, and facilitate productive coordination.

To support effective collaboration, we will organize and attend coordination meetings (assumed to be virtual) as needed, including agency scoping meetings, technical working sessions, and milestone check-ins. FCS maintains a diverse in-house team of technical specialists, allowing us to quickly assemble the appropriate expertise to participate in meetings, respond to agency comments, and resolve technical issues in real time.

This integrated, in-house capability reduces reliance on subconsultants, streamlines communication, and 347 of 414
29 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
enables more efficient and cohesive coordination throughout the project lifecycle. This task assumes 70 hours of staff time.

Tasks Outside the Scope of Work
The following are tasks FCS has identified as falling outside its Scope for the proposed project.

Newspaper Noticing/Local Noticing
FCS assumes that City staff will be responsible for any public noticing related to the certification of the EIR.

Payment of Filing Fees
FCS assumes that the applicant will be responsible for payment of filing fees. Please be advised that as of January 1, 2026, the filing fees for an EIR are $4,227.50 (CDFW fee) plus a $50 County handling fee, for a grand total of $4,277.50.

Schedule
FCS has prepared the following schedule outlining the anticipated timing of each task.

Task Week
Task 1 Project Initiation and Kick-off Meeting 1
Subtask 1.1 CEQA-compliant Project Description 1–3
Task 2 Applicant-provided Technical Studies Peer Review 1–6 Subtask 2.1 Arborist Report Peer Review 3
– Revision of technical studies based on FCS peer review 5 – Second peer review to confirm completeness of studies 6 Subtask 2.2 Preliminary Geotechnical Report Peer Review 3 – Revision of supporting information based on FCS peer review 5 – Second peer review to confirm completeness of supporting information 6 Task 3 Technical Analyses 1–12
Subtask 3.1 Air Quality Assessment, GHG Emissions and Energy Assessment, and HRA1 9
Subtask 3.2 Biological Resources Analysis 12
Optional Subtask 3.2.1: Jurisdictional Delineation 12
Subtask 3.3 Cultural Resources Analysis 8
348 of 414
30 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
Task Week
Subtask 3.3.1 Tribal Consultation Support Ongoing
Subtask 3.4 Noise Impact Analysis1 9
Subtask 3.5 Transportation Impact Analysis 12
Optional Subtask 3.6 Phase I Environmental Site Assessment 8 Task 4 NOP and Scoping Meeting 3–9
– Submit Administrative NOP 3
– Receive Comments on NOP 4
– Start of Public Scoping Period (Begin 30-day Public Review) 5 – Public Scoping Meeting TBD (to occur during
public scoping period)
– 30-day Public Review Period Ends 9
Task 5 Administrative Draft EIR 3–25
– Submit Administrative Draft EIR 20
– Receive Comments on Administrative Draft EIR 25
Task 6 2nd Administrative Draft EIR 26-32
– Submit 2nd Administrative Draft EIR 29
– Receive Comments on 2nd Administrative Draft EIR 32
Task 7 Screencheck Draft EIR 33-37
– Submit Screencheck Draft EIR 35
– Receive Comments on Screencheck Draft EIR 37
Task 8 Public Draft EIR 38-45
– Begin 45-day Public Review Period 38
– 45-day Public Comment Period Ends 45
Task 9 Administrative Final EIR 45-52
– Meet with City to review comments received 45
– Submit Administrative Final EIR2 48
– Receive Comments on Administrative Final EIR 52
Task 10 2nd Admin Final EIR 53-57
349 of 414
31 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
Task Week
– Submit 2nd Admin Final EIR 54
– Receive Comments on 2nd Admin Final EIR 57
Task 11 Screencheck Final EIR 58-60
– Submit Screencheck Final EIR 59
– Receive Comments on Screencheck Final EIR 60
Task 12 Final EIR 61
Task 13 MMRP 54-61
– Submit draft MMRP 54
– Receive Comments on MMRP 57
– Submit MMRP 61
Task 14 Findings of Fact and Statement of Overriding Considerations 43-46 – Submit draft Findings of Fact and Statement of Overriding Considerations 54
– Receive Comments on Findings of Fact and Statement of Overriding Considerations
57 – Submit Findings of Fact and Statement of Overriding Considerations 59 Task 15 Administrative Record 61
Task 16 Meetings, Public Hearings, and Phone Calls To Be Determined Task 17 Project Management Ongoing
File NOD with Alameda County Clerk
Within five business
days of EIR Certification
Note:
1 Assumes that the project trip generation forecast and intersection traffic volumes will be provided within 3 weeks of project initiation. This analysis will be conducted 6 weeks after receipt of the project trip generation forecast and intersection traffic volumes, responses to the RFI, and a City-approved Project Description, whichever is latest. 2 Dependent on volume and complexity of comments.
350 of 414
32 Environmental Impact Report for the Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City Cost Proposal FCS has prepared the following budget identifying the costs of each task. The breakdown of our subconsultants’ cost is in Appendix B. Note that our cost proposal includes a standard 15 percent mark-up of subconsultant fees. 33 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
Assumptions
The assumptions used in calculating the above fees are:
 Subconsultant fees include a standard 15 percent mark-up.  Reimbursable expenses have been included in the table above. These direct costs, including, but not limited to those items presented below, will be reimbursable upon provision of proper documentation:
 Purchases of project materials
 Reproduction, reprographics, document production, printing and photography  Postage, messenger, delivery, and overnight mailing
 Mileage, noticing, and record searches
 Other miscellaneous costs directly related to the project  There will be no significant revisions to the submitted development application. If there is a change in the project description by the applicant, a budget adjustment will be required to account for the project revisions.
 This price is based on completion of the work within the proposed schedule. If delays occur, an amendment of the price would be warranted to accommodate additional project management and other costs and to reflect adjustments for updated billing rates.  The fee is valid for up to 30 days from the date of this Scope, after which it may be subject to revision.  Costs have been allocated to tasks based upon FCS’s proposed approach. During the work, FCS may, on its sole authority, re-allocate costs among tasks and/or direct costs, as circumstances warrant, so long as the adjustments maintain the total price within its authorized amount.  The FCS Project Manager will be the primary representative at the project meeting and public hearing.  This Scope assumes that no hard copies of deliverables will be provided, except as indicated above. If hard copies are requested, a change order may be required to cover costs of producing the copies.

Printing costs are based on the method of printing and binding proposed, numbers of copies proposed as work products, and estimated page lengths. Document printing costs are estimated and will be finalized at the time of printing. On further clarification of the documents and City’s (paper and/or digital CD/or flash drive) that City staff will need during the preparation effort, FCS will specifically identify a detailed reproduction work plan with more specific costs.

FCS Rate Schedule
FCS Personnel Hourly Labor Rate ($)
President $320–$340
Director/Vice President $290–$330
352 of 414
34 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
FCS Personnel Hourly Labor Rate ($)
Legal Counsel $220–$290
Associate Director/Senior Team Leader $220–$290
Senior Project Manager/Senior Scientist/Senior Regulatory Scientist $200–$275 Project Manager/Scientist/Regulatory Scientist $150–$200 Assistant Project Manager/Assistant Scientist/Assistant Regulatory Scientist $130–$170 Environmental Analyst/Technical Analyst/Regulatory Analyst $90–$130 Senior Graphic Designer/GIS Manager $150–$210
Graphic Designer/GIS/Computer-aided Design and Drafting Specialist $110–$150 Publications Coordinator/Technical Editor/Writer $110–$175 Grant Manager/Writer $125–$195
Word Processor $95–$150
Archaeological/Paleontological Monitor I/II $95–$150
Archaeological/Paleontological Monitor III $130–$170
Biological Monitor I/II $95–$150
Biological Monitor III $130–$170
Reprographics Assistant/Intern $70–$110
Administrative Assistant/Accounting/Clerical $70–$125
Other Labor Rates
Labor rates for expert testimony, litigation support, and depositions/court appearances will be billed at a minimum of two times the above rates. If additional services are authorized during the performance of a contract, compensation will be based on the fee schedule in effect at the time the services are authorized.

Direct Expenses
Direct costs and out-of-pocket expenses are billed as follows:

1. Out-of-pocket expenses, including, but not limited to, travel, messenger service, reprographics, lodging, meals, blueprint, reproduction, and photographic services: Cost, as charged to FCS, plus a 10 percent administrative fee.

2. Subcontractors’ fees: Cost, as charged to FCS, plus a 15 percent administrative fee.

3. Passenger Cars: $0.725 per mile.
353 of 414
35 Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City

4. Four-wheel-drive vehicles: $200.00 per day plus $0.725 per mile.

5. Records checks: Fees vary by facility and project.

6. Museum curation: Fees vary by city and project.

7. Cultural resources storage/curation of fossil and artifact collections: Cost, as charged to FCS, plus a 10 percent administrative fee.

8. Per Diem: Fees charged at the USA Federal (GSA) Rate. Lodging surcharge may apply in high-rate areas.

9. US Fish and Wildlife Service (USFWS)/CDFW impacts or mitigation fees: Cost, as charged to FCS, plus a 10 percent administrative fee.

Terms
Compensation and direct expenses are invoiced monthly and payable upon receipt or as codified in projectspecific contract.

Consultant Services Agreement
FCS is requesting the following changes to the City’s Standard Consulting Services Agreement (CSA):
 Section 4. INSURANCE REQUIREMENTS; 4.1 Required Coverage: We are requesting the Commercial Liability be reduced to $1,000,000 per occurrence/$2,000,000 Bodily Injury and Property Damage.  Section 4. INSURANCE REQUIREMENTS; 4.1 Required Coverage: We are requesting the Professional Liability/Errors & Omissions be reduced to $1,000,000 per occurrence/$2,000,000 policy aggregate.  Section 4. INSURANCE REQUIREMENTS; 4.1.E Cyber Liability: We are requesting the Cyber Liability be reduced to $1,000,000 per occurrence/$2,000,000 policy aggregate.  Section 4. INSURANCE REQUIREMENTS; 4.1.d. Waiver of Subrogation: We are requesting deletion of the following statement: “The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.”
Conflict of Interest Disclosure
FCS does not have any actual or potential conflicts of interest with the project sponsor or any affiliated entities.

We understand that the City reserves the right to disqualify firms with conflicts it deems material. 354 of 414
Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
Appendix A:

Project Team Resumes
355 of 414

CORPORATE RESUME
Mary Bean
Mary Bean has more than 31 years of experience managing the preparation of CEQA and NEPA documents in both the public and private sectors. She is knowledgeable about a broad range of environmental topics, backed by her experience in the field, research, technical writing, and planning. She specializes in leading interdisciplinary teams in the preparation of technical studies that support environmental clearance at the local, State, and national levels. Her depth of experience allows her to effectively strategize with clients about the most efficient approach to environmental review. In her 14 years with FCS, Ms.

Bean has successfully led FCS’s services on more than 1,000 projects.

Related Experience and Client Summary
 Hidden Canyon Residences and Preserve Project EIR, City of Pleasanton, CA: Ms. Bean directed the preparation of an EIR for a proposed 28-lot single-family residential subdivision on a 128.5-acre property, including dedication of open space and construction of a Staging Area for the East Bay Regional Park District.
 East Pleasanton Specific Plan EIR, City of Pleasanton, CA: Ms. Bean directed the preparation of a Draft EIR for the development of residential (1,300 dwelling units), commercial, industrial, office, and parks/recreation uses within this area, as well as an extension of El Charro Road to the south, to connect with Stanley Boulevard on 1,100 acres located east of Valley Avenue and Busch Road, and north of Stanley Boulevard; and included quarry lakes, public facilities, and undeveloped land.
 Martin Hills Ranch Residential Project EIR, Technical Studies, and Due Diligence Services, Town of Danville, CA: Ms. Bean is directing the preparation of an EIR and technical studies, and providing Due Diligence Services for the Martin Hills Ranch Residential Project. The project applicant, Bates Stringer—Martin Hills Ranch LLC, is proposing to construct 22 market rate, single family homes with five Accessory Dwelling Units (ADUs), internal roadways, and a driveway on the approximately 102-acre project site. FCS prepared an Aquatic Resources Delineation Report; Biological Assessment for Endangered Species Act Section 7 Consultation and Biological Resources Assessment (BRA); Biological Constraints Analysis; Breeding Season Burrowing Owl (BUOW) (Athene cunicularia) Survey Report; Phase I and Section 106 Cultural Resources Assessments (CRAs); and Noise Impact Analysis. The Draft EIR is currently out for public review which will conclude in May, following which FCS will prepare a Final EIR and Response to Comments, as needed.  Barber Yard Specific Plan Project EIR, City of Chico, CA: Ms. Bean is directing the preparation of an EIR and supporting technical analyses for the potential environmental effects of a proposed comprehensive planning Project Director

EDUCATION
Bachelor of Arts, Environmental
Studies and Planning, Cum
Laude, University of California,
Santa Barbara, CA, 1988
356 of 414

CORPORATE RESUME
Mary Bean

PROJECT DIRECTOR
document that would establish specific guiding principles and strategy for development of a 133-acre area, as well as off-site improvements, including a stormwater detention pond and storm drain alignments and outfall.
 Warm Springs/South Fremont Community Plan EIR, City of Fremont, CA: Ms. Bean directed the preparation of a CRA and Program EIR for an 879-acre area around the Warm Springs/South Fremont Bay Area Rapid Transport (BART) station. The plan envisions up to 4,000 dwelling units, 10 million square feet of non-residential uses, 20,000 new jobs, and a 600-student elementary school over a planning horizon of more than 20 years.
 Spotorno Ranch Project Subsequent EIR, City of Pleasanton, CA: Ms. Bean directed the preparation of an EIR, technical studies/analyses, and related documents for a proposed rezoning and subdivision to support 39 single-family residential lots and roadways on the 31-acre Spotorno Flat portion of the site and permanently preserve acreage as open space in the Happy Valley area of Pleasanton.  City of Pleasanton 2023–2031 (6th Cycle) Housing Element Update (HEU) Program EIR, City of Pleasanton, CA: Ms. Bean directed the preparation of a Program EIR for the City of Pleasanton’s 2023- 2031 (6th Cycle) HEU. The City of Pleasanton identified a total of 25 sites for potential rezoning to fulfill their housing shortfall between their Regional Housing Needs Allocation (RHNA) and the existing housing capacity of 3,173 units. Following certification of the Housing Element EIR in January 2023, FCS prepared a streamlining template document for use by the City, applicants, and other third-party consultants to evaluate specific Housing Element implementing projects as they are submitted.  The Ranch Project Recirculated EIR, City of Antioch, CA: Ms. Bean was the Project Director for the preparation of a recirculated EIR for the redesigned Ranch Residential Project in the City of Antioch. The Ranch is a master planned residential community that would include up to 1,177 single-family residential dwellings, 5 acres of retail, and a future fire station. The project would include the protection of approximately 242 acres for parks, open space, and trails.  Roddy Ranch Annexation and Master Plan EIR, City of Antioch, CA: Ms. Bean directed the preparation of a Programmatic EIR for the annexation of 850 acres into the City of Antioch. The Programmatic EIR provided the framework for a subsequent, project-level analysis of the construction of 600 residential units, 100 multi-family units, a hotel, and neighborhood commercial uses.  Oak Park Properties Specific Plan EIR, City of Pleasant Hill, CA: Ms. Bean directed the preparation of an EIR of a 15-acre Program Area, which includes a new public library, housing, and athletic fields.  City Village Project Addendum to the North Camino Ramon Specific Plan EIR, City of San Ramon, CA: Ms. Bean directed the preparation of the City Village (Bishop Ranch 6) Project Addendum to the North Camino Ramon Specific Plan EIR and supporting technical documents for the development of a 404-unit for-sale residential community on approximately 31 acres.  Addendum to the North Camino Ramon Specific Plan EIR for the Iron Horse Village Project, City of San Ramon, CA: Ms. Bean directed the preparation of an Addendum to the North Camino Ramon Specific Plan EIR for the Iron Horse Village Project. The City of San Ramon is developing 117 dwelling units located on an approximately 9.5-acre site. The project would result in the development of 31 attached multi-family live/work townhomes and 86 detached single-family homes. The project site is located within the North Camino Ramon Specific Plan Block F and is zoned as office/mixed-use.  CityWalk Master Plan EIR, City of San Ramon, CA: Ms. Bean directed the preparation of an EIR and a fiscal impact analysis and provided planning services for the mixed-use development of residential and commercial uses within the 134.98-acre planning area in the Bishop Ranch Business Park. 357 of 414

CORPORATE RESUME
Prathna Maharaj, MURP, AICP
Prathna Maharaj, MURP, AICP, is an Environmental Project Manager with more than 7 years of experience in public and private sector planning. Ms. Maharaj specializes in environmental analysis and has worked on a range of residential, commercial, industrial, and infrastructure projects. She has experience with annexation projects requiring public service and utility demand forecasting and inter-agency coordination service provision. She also worked on program-level environmental documents for specific plans, general plan updates, and infrastructure plans. Ms. Maharaj has developed a strong understanding of land use and housing policy at the University of California, Irvine, MURP program, where she focused on sustainable community development. Furthermore, she has strong written and verbal communication skills and has provided support for a range of planning efforts.

Related Experience and Client Summary
 Hidden Canyon Residences and Preserve Project EIR, City of Pleasanton, CA: Ms. Maharaj managed the preparation of an EIR for a proposed 30-lot single-family residential subdivision on a 128.5-acre property, including dedication of open space and construction of a Staging Area for the EBRPD. The supporting technical studies included air quality, GHG emissions, and energy; biological resources; cultural resources; noise; visual simulations, and transportation assessment.
 Mitchell Townhomes Project EIR and Technical Studies, City of Walnut Creek, CA: Ms. Maharaj is managing the preparation of the Mitchell Townhomes Project EIR in the City of Walnut Creek, California. The proposed project would construct four hundred twenty-two 3-story multifamily dwelling units in townhome-style condominium configuration in approximately 82 building groups on a 22.2-acre site. The supporting technical studies will include air quality, GHG emissions, and energy; biological resources; cultural and tribal cultural resources (TCRs); noise; and transportation assessment.
 Martin Hills Ranch Residential Project EIR, Technical Studies, and Due Diligence Services, Town of Danville, CA: Ms. Maharaj is managing the preparation of an EIR and technical studies, and providing Due Diligence Services for the Martin Hills Ranch Residential Project. The project applicant, Bates Stringer—Martin Hills Ranch LLC, is proposing to construct 22 market rate, single family homes with five ADUs, internal roadways, and a driveway on the approximately 102-acre project site. FCS prepared an Aquatic Resources Delineation Report; Biological Assessment for Endangered Species Act Section 7 Consultation and BRA; Biological Constraints Analysis; Breeding Season BUOW Survey Report; Phase I and Section 106 CRAs; and Noise Impact Analysis. The Draft EIR is currently out for public review which will conclude in May, following which FCS will prepare a Final EIR and Response to Comments, as needed.

Project Manager

EDUCATION
Master of Urban and Regional
Planning, University of California,
Irvine, CA, 2020
Bachelor of Science,
Environmental Science and
Management, Emphasis on
Natural Resource Management,
Minor in Education, University of
California, Davis, CA, 2017

LICENSE AND

CERTIFICATION
American Institute of Certified
Planners (AICP) Certification,
Certification No. 33057, 2021
358 of 414

CORPORATE RESUME
Prathna Maharaj, MURP, AICP

PROJECT MANAGER
 Evergreen Ranch Estates Residential Project EIR, Town of Danville, CA: Ms. Maharaj is managing the preparation of an EIR and technical studies for the Sherburne Hills Residential Project. A proposed Master Development Plan would divide the 20.03-acre project site’s two existing parcels into three development areas that would contain a total of 18 single-family lots and 18 ADUs. ADUs would either be attached, detached, or internal and would be deed restricted to persons qualifying as “low income.” A new bridge crossing is proposed to provide access between the development areas for both pedestrians and vehicles.  Montague Point Industrial Project EIR and Technical Studies, City of San José, CA: Ms. Maharaj is managing the preparation of an EIR for the Montague Point Industrial Project. The project would construct three new buildings consisting of 463,000 square feet of commercial uses focused on R&D, advanced manufacturing/industrial uses, and warehouse and distribution uses on a 23.75-acre project site. The supporting technical studies will include air quality, GHG emissions, and energy; biological resources; cultural resources; noise; and transportation assessment.  Sea Cove Residential Project Technical Studies, City of Pacifica, CA: Ms. Maharaj is managing the preparation of technical studies for the Sea Cove Residential Project in the City of Pacifica, California. The proposed project would include the demolition of the existing bowling alley, removal of trees, and the subdivision of the 9.1-acre site into 34 lots, 25 of which would be residential lots. The project site would be developed with a total of 113 residential units, including 91 multi-family units and duets, and 22 ADUs. The FCS team is preparing the technical studies for air quality, GHG emissions, and energy; biological resources; cultural resources; noise; visual simulations/visual impacts assessment; and transportation.  2334 Lundy Place Industrial Warehouse Project IS/MND, City of San José, CA: Ms. Maharaj is managing the preparation of an IS/MND and associated technical studies for the 2334 Lundy Place Industrial Building Project in the City of San José, California. The proposed project would include demolition of the existing building and construction of a new 132,419-square-foot, concrete industrial building with office space. The FCS team is preparing technical studies in the areas for air quality, GHG, and energy; biological resources; cultural resources; geology and soils; hazards and hazardous material; noise; and transportation. The Draft IS/MND has been circulated for public review; FCS is currently preparing responses to comments received.
 13845 Saratoga Avenue Residential Project Class 32 Exemption, City of Saratoga, CA: Ms. Maharaj managed the preparation of a Class 32 Exemption and supporting technical studies for a 5-lot subdivision on 1.6 acres. In preparation for the Class 32 Exemption, FCS prepared an Infill Exemption Environmental Analysis Memorandum to identify if the project qualified for the Infill Exemption under CEQA Guidelines Section 15332. The supporting technical studies will include air quality, GHG emissions, and energy; biological resources; cultural resources; noise; and transportation/vehicle miles traveled (VMT) assessment.

Other EIR Project Experience
 Qume and Commerce Project EIR, City of San José, CA
 Jasmine Solar Project EIR, Kern County, CA
 Rancho Los Amigos South Campus Specific Plan EIR, City of Downey, CA  Irvine Complex Medical Center EIR, University of California, Irvine, CA  City of Newport Beach 2024 6th Cycle Housing Element Implementation Program EIR, City of Newport Beach, CA
 Del Mar Housing Element EIR, City of Del Mar, CA
359 of 414

CORPORATE RESUME
Megan Starr, JD
Megan Starr, JD, is a licensed Attorney with more than 26 years of experience in providing support and direction to multiple stakeholders on large projects involving State and federal environmental laws, including CEQA, the Endangered Species Act, the MBTA, the NHPA, the CAA, and the CWA. She has represented a wide variety of public agencies, including cities, counties, school districts, community services districts, transportation agencies, and water districts, on issues related to environmental and land use planning. Ms. Starr has also assisted in the preparation of numerous environmental documents, including EIRs/EISs, Categorical Exclusions, FONSIs, NDs, MSHCPs, and MMRPs. In addition to providing legal counsel services, Ms. Starr has served as a CEQA Guidelines Project Manager and has prepared and distributed customized CEQA Guidelines and related forms for more than 60 different public agencies.

Related Experience and Client Summary
Ms. Starr played a key role in FCS’s quality assurance/quality control process by reviewing documents to ensure legal defensibility for the following projects:
 Hidden Canyon Residences and Preserve Project EIR, City of Pleasanton, CA  Mitchell Townhomes Project EIR and Technical Studies, City of Walnut Creek, CA
 Martin Hills Ranch Residential Project EIR, Technical Studies, and Due Diligence Services, Town of Danville, CA
 Fresno Southeast Development Area (SEDA) Specific Plan Program EIR and Recirculated Program EIR, City of Fresno, CA
 Barber Yard Specific Plan Project EIR, City of Chico, CA  Oak Park Properties Specific Plan EIR, City of Pleasant Hill, CA  CityWalk Master Plan EIR, City of San Ramon, CA
 City Village Project Addendum to the North Camino Ramon Specific Plan EIR, City of San Ramon, CA
 CEQA Section 15164 Addendum for the City of Milpitas General Plan Update Final EIR and the City of Milpitas Metro Specific Plan Subsequent Final EIR, City of Milpitas, CA
 Esmeralda Alexander Valley Resort Plan Addendum Arborist Report, City of Cloverdale, CA
 GMO Ballot Measure General Plan EIR Addendum, City of Healdsburg, CA  Addendum to the Irvine Business Complex (IBC) Vision Plan and Mixed-use Overlay Zoning Code EIR 2400 Barranca Parkway Project, City of Irvine, CA  Trails at Santiago Creek Specific Plan EIR, City of Orange, CA  Rio Vista Specific Plan EIR, City of Jurupa Valley, CA Legal Counsel

EDUCATION
Juris Doctorate, with Honors,
University of Southern California
Gould School of Law, CA, 2001
Bachelor of Arts, History, with a
Comparative Degree in Law and
Society, Cum Laude, Dean’s List,
Regents Scholar, University of
California, Riverside, CA, 1998

LICENSE
California State Bar No. 217675
360 of 414
Megan Starr, JD

LEGAL COUNSEL

CORPORATE RESUME
 Addenda to the City of Menifee General Plan EIR and Cantalena Specific Plan EIR, City of Menifee, CA  Arroyo Lago Development Project EIR, Alameda County, CA  Spotorno Ranch Project Subsequent EIR, City of Pleasanton, CA  City of Pleasanton 2023–2031 (6th Cycle) HEU Program EIR, City of Pleasanton, CA  Del Hombre Apartments Project EIR, Contra Costa County, CA  Oak Road Townhouse Condominiums Project EIR and Peer Review of Technical Studies, Contra Costa County, CA
 CenterPoint Properties Logistics Warehouse Project EIR, Contra Costa County, CA  Scannell Properties Logistics Warehouse Project EIR, Contra Costa County, CA  The Ranch Project Recirculated EIR, City of Antioch, CA  Terraces of Lafayette EIR Addendum, City of Lafayette, CA  Alves Ranch EIR Addendum, City of Pittsburg, CA
 Downtown Cleaveland Multi-family Residential Project EIR, City of Pleasant Hill, CA  Walnut Creek-Mixed Use Special District Project Supplemental EIR, City of Walnut Creek, CA  1000 Gibraltar Drive 15164 Addendum to the 1000 Gibraltar Drive Final EIR, City of Milpitas, CA  5670 Camden Avenue Residential Project EIR and Technical Studies, City of San José, CA  Sausalito Comprehensive General Plan Update and EIR, City of Sausalito, CA  Elnoka Continuing Care Retirement Community Project EIR, City of Santa Rosa, CA  Tracy Alliance Project EIR and Technical Studies, City of Tracy, CA  Westside Industrial Project EIR, Kern County, CA
 Bridge Point Project EIR, Technical Reports, and Responses to Comments Peer Review, City of Rancho Cucamonga, CA
 Prado Raceway EIR and Technical Studies, Riverside County, CA  Trails of Corona EIR and Technical Studies, Riverside County, CA  Addendum to the Corona Groundwater Management Plan (GWMP) Program EIR for the Mangular Blending Facility Project, City of Corona, CA
 Casa Blanca Elementary School Focused EIR and Technical Studies, Riverside Unified School District, Riverside, CA
 Poly High School Baseball Fields Focused EIR and Technical Studies, Riverside Unified School District, Riverside, CA
Publications
Lobel, C. (Nossaman, Guthner, Knox & Elliott), Starr, M. (Best Best & Krieger), and Calfee, C. (Best Best & Krieger). (2006). Legally Defensible Environmental Review Under CEQA. 361 of 414

CORPORATE RESUME
Jackie Winkel, MUP
Jackie Winkel, MUP, is a senior environmental and air quality planning professional with more than 14 years of CEQA/NEPA experience in project and programmatic air quality and GHG emissions analysis and a robust regulatory background. She spent nearly a decade with the Bay Area Air District’s Planning Division, developing deep expertise in the regulatory frameworks for air pollutants, air toxics, and the climate—regularly applying Air District CEQA guidelines, thresholds, and regional air plan policies to projects. On the regulatory and community front, she has led work under the Bay Area Air District’s Community Air Risk Evaluation Program and AB 617 to advance environmental justice, community engagement, and emissions reduction strategies. She is the principal author of Planning Healthy Places, a widely used guide that integrates air quality and land use planning to reduce exposure and improve land use compatibility, and she also led the modeling effort that created regional, screening-level data of all stationary and mobile air pollution sources in the San Francisco Bay Area region. She has a thorough understanding of the air quality and GHG emissions analysis methods recommended by several air districts, including the Bay Area Air District, South Coast AQMD, and Valley Air District. She applies this expertise to conduct defensible CEQA air quality and GHG emissions analyses aligned with various Air District thresholds and State requirements. As a project manager with FCS, Ms. Winkel manages overall project delivery, coordinates with clients, assigns work, reviews draft deliverables, and manages project schedules. On the public agency side, Ms.

Winkel’s experience includes oral presentations to the general public and the Air District Board of Directors, community outreach and engagement, and stakeholder management.

Related Experience and Client Summary
 Hidden Canyon Residences and Preserve Project EIR, City of Pleasanton, CA: FCS is preparing an EIR for a proposed 33-lot singlefamily residential subdivision on a 128.5-acre property, including dedication of open space and construction of a Staging Area for the EBRPD. Ms.

Winkel led the air quality, greenhouse gas (GHG), and energy technical analyses.
 Mitchell Townhomes Project EIR and Technical Studies, City of Walnut Creek, CA: FCS prepared an EIR and associated technical studies for the Mitchell Townhomes Project EIR in the City of Walnut Creek, California. The proposed project would construct four hundred twenty-two 3-story multifamily dwelling units in townhome-style condominium configuration in approximately 82 building groups on a 22.2-acre site. Ms. Winkel led the air quality, greenhouse gas (GHG), and energy technical analyses, including development of emissions estimates, air dispersion modeling, and health risk Air Quality/
Greenhouse Gas
Emissions and
Energy Specialist

EDUCATION
Master of Urban Planning,
University of WisconsinMilwaukee, Milwaukee, WI, 2009
Bachelor of Science, Urban and
Regional Studies, University of
Wisconsin Oshkosh, Oshkosh, WI,
2007

TECHNICAL

EXPERTISE
California Emissions Estimator
Model
American Meteorological
Society/Environmental Protection
Agency Regulatory Model
Modeling System
Hotspots Analysis and Reporting
Program
California Air Resources Board’s
EMissions FACtor model
GHG Emissions Quantification
and Analysis
General Reporting Protocol and
Local Government Operations
Protocol
Air Quality/State Implementation
Plan Planning and Implementation
362 of 414

CORPORATE RESUME
Jackie Winkel, MUP

AIR QUALITY/GREENHOUSE GAS EMISSIONS AND ENERGY

SPECIALIST
assessment (HRA), responded comments on the Draft EIR, and served as the subject matter expert providing testimony before the Planning Commission and City Council for ultimate project approval.  Martin Hills Ranch Residential Project EIR, Technical Studies, and Due Diligence Services, Town of Danville, CA: FCS is preparing an EIR and technical studies, and providing Due Diligence Services for the Martin Hills Ranch Residential Project. The project applicant, Bates Stringer—Martin Hills Ranch LLC, is proposing to construct 22 market rate, single family homes with five ADUs, internal roadways, and a driveway on the approximately 102-acre project site. FCS prepared an Aquatic Resources Delineation Report; Biological Assessment for Endangered Species Act Section 7 Consultation and BRA; Biological Constraints Analysis; Breeding Season BUOW Survey Report; Phase I and Section 106 CRAs; and Noise Impact Analysis. The Draft EIR is currently out for public review which will conclude in May, following which FCS will prepare a Final EIR and Response to Comments, as needed. Ms. Winkel led the air quality, GHG and energy technical analysis, including development of emissions estimates, air dispersion modeling, and health risk assessment (HRA).
 Fresno SEDA Specific Plan Project Program EIR and Recirculated Program EIR, City of Fresno, CA:

FCS prepared the Program EIR, subsequent Recirculated Program EIR, and technical studies for the Fresno SEDA Specific Plan Project for the City of Fresno, California. The proposed project is a Specific Plan for SEDA that would provide increased density, accelerate housing production throughout the Plan Area, and offer flexibility in meeting the evolving needs of households in the region through a multi-modal transportation network and diverse housing types and affordability levels. The proposed project would link major transit lines, mixed-use centers, diverse residential districts, employment districts, open space, agriculture, and green infrastructure. It could accommodate 45,000 homes and 37,000 jobs within the 9,000-acre planning area by the year 2050. Ms. Winkel led and oversaw the air quality, GHG and energy technical analyses in the EIR.
 Barber Yard Specific Plan Project EIR, City of Chico, CA: FCS is preparing an EIR and supporting technical analyses for the potential environmental effects of a proposed comprehensive planning document that would establish specific guiding principles and strategy for development of a 133-acre area, as well as off-site improvements, including a stormwater detention pond and storm drain alignments and outfall. As the Senior Air Quality Scientist, Ms. Winkel provided a senior level review of the air quality, GHG emissions, and energy sections.
 Rio Vista Specific Plan EIR, City of Jurupa Valley, CA: FCS prepared a project-level EIR for the construction of approximately 1,200 dwelling units, a 12-acre school site, an 11.4-acre Community Park, and 511 acres of open space for conservation. As the Senior Air Quality Scientist, Ms. Winkel reviewed public comments on the Air Quality, GHG Emissions and Energy sections of the draft EIR, and drafted responses to the comments for inclusion in the final EIR.  211 River Oaks Parkway Residential Project Consistency Checklist, City of San José, CA: FCS is preparing a Consistency Checklist and supporting technical studies for the construction of 100 townhome units, a 100 percent affordable apartment building featuring 132 units, and a market-rate apartment building comprising 505 units, resulting in a total of 737 dwelling units on 9.82 acres along with various appurtenances. The project site has a General Plan Land Use Designation of Industrial Park and is located within the Transit Employment Residential Overlay. Ms. Winkel is conducting the air quality modeling and authored the air quality, GHG emissions, and energy analyses presented in the IS/MND. 363 of 414

CORPORATE RESUME
Robert Carroll
Robert Carroll has more than 17 years of experience in environmental analysis, biological resources, and regulatory permitting. As a Biologist and Regulatory Specialist, Mr. Carroll’s expertise includes multi-agency regulatory permitting and compliance (NEPA, CEQA, and California and federal Endangered Species Acts), natural resource assessments, special-status flora and fauna species surveys, construction compliance monitoring, and wildlife habitat assessments.

Mr. Carroll has extensive experience managing wetland delineation projects and performing regulatory permitting pursuant to the jurisdiction of the CDFW, the RWQCB, the USACE, and other local and regional agencies and organizations.

He is well versed in the CWA Sections 404 and 401 permitting and the CDFW Code 1602 permitting.

Related Experience and Client Summary
 Hidden Canyon Residences and Preserve Project EIR, City of Pleasanton, CA: FCS is preparing an EIR for a proposed 28-lot singlefamily residential subdivision on a 128.5-acre property, including dedication of open space and construction of a Staging Area for the East Bay Regional Park District. Mr. Carroll drafted the BRA and the Biological Resources Section of the EIR.
 Mitchell Townhomes Project EIR and Technical Studies, City of Walnut Creek, CA: FCS prepared an EIR and associated technical studies for the Mitchell Townhomes Project EIR in the City of Walnut Creek, California. The proposed project would construct four hundred twenty-two 3-story multifamily dwelling units in townhome-style condominium configuration in approximately 82 building groups on a 22.2-acre site. The supporting technical studies will include air quality, GHG emissions, and energy; biological resources; cultural and TCRs; noise; and transportation assessment. Mr. Carroll drafted the BRA and the Biological Resources Section of the EIR.
 Martin Hills Ranch Residential Project EIR, Technical Studies, and Due Diligence Services, Town of Danville, CA: FCS is preparing an EIR and technical studies, and providing Due Diligence Services for the Martin Hills Ranch Residential Project. The project applicant, Bates Stringer—Martin Hills Ranch LLC, is proposing to construct 22 market rate, single family homes with five ADUs, internal roadways, and a driveway on the approximately 102-acre project site. FCS prepared an Aquatic Resources Delineation Report; Biological Assessment for Endangered Species Act Section 7 Consultation and BRA; Biological Constraints Analysis; Breeding Season BUOW Survey Report; Phase I and Section 106 CRAs; and Noise Impact Analysis. The Draft EIR is currently out for public review which will conclude in May, following which FCS will prepare a Final EIR and Response to Comments, as needed. Mr. Carroll drafted the BRA, Jurisdictional Delineation, and the Biological Resources Section of the EIR.

Biological
Resources and
Regulatory
Compliance
Specialist

EDUCATION
Bachelor of Science, Fisheries
Science, Concentration in Water
Resources, Cum Laude, Oregon
State University, Corvallis, OR,
2016
Bachelor of Arts, Marketing,
College of Business
Administration, Marquette
University, Milwaukee, WI, 2007

LICENSES AND

CERTIFICATIONS
Fairy Shrimp Identification
Certification, 2017
Wetland Delineation Certification,
2018
364 of 414
Robert Carroll

BIOLOGICAL RESOURCES AND REGULATORY COMPLIANCE

SPECIALIST

CORPORATE RESUME
 Barber Yard Specific Plan Project EIR, City of Chico, CA: FCS is preparing an EIR and supporting technical analyses for the potential environmental effects of a proposed comprehensive planning document that would establish specific guiding principles and strategy for development of a 133-acre area, as well as off-site improvements, including a stormwater detention pond and storm drain alignments and outfall. Mr.

Carroll drafted the BRA and Biological Resources Section of the EIR.  City of Pleasanton 2023–2031 (6th Cycle) HEU Program EIR, City of Pleasanton, CA: FCS prepared a Program EIR for the City of Pleasanton’s 2023–2031 (6th Cycle) HEU. The City of Pleasanton identified a total of 25 sites for potential rezoning to fulfill their housing shortfall between their RHNA and the existing housing capacity of 3,173 units. Mr. Carroll wrote the Biological Resource Analysis of the draft EIR which included a programmatic-level analysis of the 25 sites.  Oak Road Townhouse Condominiums Project EIR and Peer Review of Technical Studies, Contra Costa County, CA: FCS prepared an EIR and peer reviewed technical studies for a proposed subdivision.

The applicant (SummerHill Homes) is constructing 125 townhouse condominium units located in nineteen 3-story buildings and associated improvements on a 5.94-acre site in unincorporated Contra Costa County, adjacent to the City of Walnut Creek. The eight existing parcels are currently zoned Low- and Mediumdensity Single-family Residential (R-15), Medium- and High-density Multiple-family Residential (M-17), and High-density Multiple-family Residential (M-29). The project includes rezoning all eight parcels to Planned Unit District (P-1), a vesting tentative map to subdivide the parcels into 125 residential lots, and approval of a preliminary and final development plan. The Board of Supervisors approved the project on March 1, 2022. Mr. Carroll peer reviewed the applicant’s BRA, provided comments to make the assessment CEQAcompliant, and used the applicant's analysis to author the Biological Resources section of the EIR.  The Ranch Project Recirculated EIR, City of Antioch, CA: FCS prepared an EIR for the redesigned Ranch Residential Project in the City of Antioch. The Ranch is a master planned residential community that would include up to 1,177 single-family residential dwellings, 5 acres of retail, and a future fire station. The project would include protection of approximately 242 acres for parks, open space, and trails. As the Project Biologist, Mr. Carroll peer reviewed multiple biological reports from external consulting firms for the project site and off-site areas, coordinated with the City and biologists at those firms on findings, and finalized the Biological Resources section of the EIR.
 Oak Park Properties Specific Plan EIR, City of Pleasant Hill, CA: FCS prepared an EIR for a 15-acre plan area, which includes a new public library, housing, and athletic fields. The plan area is located entirely within the City of Pleasant Hill on land owned by Contra Costa County and the Mount Diablo Unified School District. The project also included necessary infrastructure improvements, such as roadway widening, lane configuration improvements, and signal upgrades; new curb and gutter, sidewalks, and ADA facilities; and drainage, utilities (including a possible sewer line removal), lighting, and landscape improvements throughout the plan area. FCS worked with the property sponsors and stakeholders to clearly define the project. FCS also identified mitigation and prepared all regulatory permit applications, including a 404 permit from the USACE, SAA with the CDFW, and 401 water quality certification from the RWQCB. Mr. Carroll prepared the Biological Impact Analysis for the EIR, jurisdictional delineation, and California red-legged frog (CRLF) (Rana draytonii) habitat assessment, with appropriate levels of analysis for both programmatic- and project-level components. Additionally, Mr. Carroll prepared the required regulatory permits from the USACE, RWQCB, and CDFW.
 Spotorno Ranch Project Subsequent EIR, City of Pleasanton, CA: FCS prepared an EIR, technical studies/analyses, and related documents for a 39-lot residential subdivision in the Happy Valley area of Pleasanton. Mr. Carroll prepared the Biological Impact Analysis for the EIR, with appropriate levels of analysis for project-level components.
365 of 414

CORPORATE RESUME
Hannah Carney, MAGD
Hannah Carney, MAGD, has more than 10 years of professional experience in providing environmental, sustainability, and compliance solutions services. She specializes in the agricultural and natural resources industry with extensive knowledge in arboriculture, urban forestry, and education and curriculum development. In addition, Ms. Carney is well versed in biological technical reports and CEQA and NEPA documentation, including the preparation of EIRs and IS/MNDs. She also conducts research, literature reviews, field monitoring, biological surveys, and arborist evaluations. Ms. Carney has experience managing and performing regulatory permitting pursuant to the jurisdiction of the CDFW, the RWQCB, the USACE, and other local and regional agencies and organizations. Ms. Carney is also knowledgeable in project management tasks and client coordination.

Related Experience and Client Summary
 Mitchell Townhomes Project EIR and Technical Studies, City of Walnut Creek, CA: FCS prepared an EIR and associated technical studies for the Mitchell Townhomes Project EIR in the City of Walnut Creek, California. The proposed project would construct four hundred twenty-two 3-story multi-family dwelling units in townhome-style condominium configuration in approximately 82 building groups on a 22.2-acre site. The supporting technical studies will include air quality, GHG emissions, and energy; biological resources; cultural and TCRs; noise; and transportation assessment. Ms. Carney was responsible for conducting biological field work on-site and preparation of the biological resources section of the Project EIR.
 Martin Hills Ranch Residential Project EIR, Technical Studies, and Due Diligence Services, Town of Danville, CA: FCS is preparing an EIR and technical studies, and providing Due Diligence Services for the Martin Hills Ranch Residential Project. The project applicant, Bates Stringer—Martin Hills Ranch LLC, is proposing to construct 22 market rate, single family homes with five ADUs, internal roadways, and a driveway on the approximately 102-acre project site. FCS prepared an Aquatic Resources Delineation Report; Biological Assessment for Endangered Species Act Section 7 Consultation and BRA; Biological Constraints Analysis; Breeding Season BUOW Survey Report; Phase I and Section 106 CRAs; and Noise Impact Analysis. The Draft EIR is currently out for public review which will conclude in May, following which FCS will prepare a Final EIR and Response to Comments, as needed. Ms. Carney was responsible for conducting biological field work such as focused burrowing owl surveys. Ms. Carney also assisted in the preparation of biological technical reporting, including the Breeding Season BUOW survey Report and BRA Report.
 Sherburne Hills Residential Project EIR, Town of Danville, CA: FCS is preparing an EIR and technical studies for the Sherburne Hills Residential Project in the Town of Danville, California. The proposed Master Development Plan would divide the 20.03-acre project site’s two existing Arboricultural/
Biological
Resources
Specialist

EDUCATION
Master of Agricultural Education,
California Polytechnic State
University, San Luis Obispo, CA,
2019
Single Subject Credential
Program, Agriculture Education,
California Polytechnic State
University, San Luis Obispo, CA,
2019
Bachelor of Science, Dairy
Science, Animal Husbandry and
Education Concentration, Minor in
Agricultural Education, California
Polytechnic State University, San
Luis Obispo, CA, 2018

CERTIFICATION
International Society of
Arboriculture Certified Arborist,
Credential ID WE-15232A, 2024–
2027
366 of 414
Hannah Carney, MAGD

ARBORICULTURA L/BIOLOGICAL RESO URCES SPECIALIST

CORPORATE RESUME
 parcels into three development areas. The development areas would contain a total of 18 single-family lots and 18 ADUs. Ms. Carney was responsible for biological surveys on-site, including the general biological resources evaluation and the jurisdictional delineation. Ms. Carney also assisted in the preparation of the biological resources section of the Project EIR.
 FSRE Industrial Project EIR, Technical Studies, and Peer Review of Technical Studies, Contra Costa County, CA: FCS is preparing an EIR and supporting technical studies, as well as peer reviewing applicant-provided technical studies, for a 255,000 square feet logistics warehouse building on an undeveloped 15.5-acre site. Ms. Carney conducted the biological field work, supporting documentation, and Biological Resources section in the project EIR.
 CarMax Auto Superstore Project EIR and Technical Studies, City of Pleasant Hill, CA: FCS prepared an EIR for the proposed demolition of the unoccupied former Kmart building and active McDonald’s Drivethru and construction of a 42,916-square-foot CarMax Auto Superstore on the 9.95-acre site, in two phases. Ms. Carney conducted field work, supporting documentation, and assisted writing the project EIR.  Solano Ranch Project EIR and Technical Studies, City of Vallejo, CA: FCS is preparing an EIR and associated technical studies for a mixed-use project with 264 units of multi-family housing; a 4-story, 102- room hotel; and 32,725 square feet of retail commercial spaces, including a gasoline service station, on

21.1 acres of the project site. An additional 4.72 acres of wetlands and 5.8 acres of open space will be maintained. Ms. Carney assisted in the preparation of supporting documentation and the Project EIR.  Villages at the Quarry Project Consistency Checklist and Technical Studies, City of Pleasanton, CA:

FCS prepared a Consistency Checklist and supporting technical studies for the Villages at the Quarry project in the City of Pleasanton, California. To support implementation of the City’s approved 6th Cycle HEU, the applicant proposed a residential development comprising four distinct “villages,” totaling up to 412 single- and multi-family dwelling units and 57 JADUs. Ms. Carney conducted the biological field work, supporting documentation, and Biological Resources section in the project Consistency Checklist. 367 of 414

CORPORATE RESUME
Dana DePietro, PhD, RPA
Dana DePietro, PhD, RPA, is a Registered Professional Archaeologist (License No. 13517) who meets the Secretary of the Interior’s Standards for Archaeology and History with dedicated coursework and experience in the field of Historic Preservation. Dr. DePietro has more than 23 years of experience in all aspects of cultural resources management, including pre-contact and historic archaeology, paleontology, materials conservation, history of art and architecture, and community engagement. He has experience in compliance with NEPA, CEQA, the NHPA, and the Archaeological Resources Protection Act. Dr. DePietro has completed cultural resource projects that have involved agency, client, Native American, and subcontractor coordination; treatment plans and research design development; archival research; field reconnaissance; site testing; data recovery excavation; construction monitoring; site recordation; site protection/preservation; mapping/cartography; spatial analysis/GIS; laboratory analysis; materials conservation; artifact curation and exhibition; and report production. He has completed projects in California within the jurisdiction of the BLM and other federal agencies requiring compliance with Section 106 of the NHPA. He has also completed projects throughout California under CEQA for State and local governments and municipalities, and has worked with clients to ensure deliverables meet and exceed the standards set by the OHP.

Related Experience and Client Summary
 Hidden Canyon Residences and Preserve Project EIR, City of Pleasanton, CA: FCS is preparing an EIR for a proposed 28-lot singlefamily residential subdivision on a 128.5-acre property, including dedication of open space and construction of a Staging Area for the East Bay Regional Park District. As Principal Investigator for Cultural Resources, Dr. DePietro conducted all records searches and research and performed the field survey for historic and pre-contact cultural resources. He also coordinated consultation with Native American representatives and prepared the CRA.  Fresno SEDA Specific Plan Program EIR and Recirculated Program EIR, City of Fresno, CA: Dr. DePietro directed the preparation of the CRA for the Program EIR and subsequent Recirculated Program EIR for the Fresno SEDA Specific Plan Project. The proposed project would offer flexibility in meeting the evolving needs of households in the region through a multi-modal transportation network and diverse housing types and affordability levels. It has the potential to accommodate approximately 45,000 homes and 37,000 jobs within the nearly 9,000-acre planning area by the year 2050. As Principal Investigator for Cultural Resources, Dr. DePietro conducted all records searches and research and performed the field survey for historic and pre-contact cultural resources. He also coordinated consultation with Native American representatives and prepared the CRA.

Cultural Resources
Specialist

EDUCATION
Doctor of Philosophy,
Concentration Archaeology,
University of California, Berkeley,
CA, 2012
Master of Arts, Concentration
Archaeology, University of
California, Berkeley, CA, 2005
Bachelor of Arts, Archaeology and
History (double major), University
of California, San Diego, CA, 2002

LICENSE
Registered Professional
Archaeologist, License No. 13517,
2016—2026
368 of 414
Dana DePietro, PhD, RPA

CULTURAL RESOUR CES SPECIALIST

CORPORATE RESUME
 Barber Yard Specific Plan Project EIR, City of Chico, CA: FCS is preparing an EIR and supporting technical analyses for the potential environmental effects of a proposed comprehensive planning document that would establish specific guiding principles and strategy for development of a 133-acre area, as well as off-site improvements, including a stormwater detention pond and storm drain alignments and outfall. As Principal Investigator for Cultural Resources, Dr. DePietro conducted all records searches and research and performed the field survey for historic and pre-contact cultural resources. He also coordinated consultation with Native American representatives and prepared the CRA.  City of Pleasanton 2023–2031 (6th Cycle) HEU Program EIR, City of Pleasanton, CA: FCS prepared a Program EIR for the City of Pleasanton’s 2023–2031 (6th Cycle) HEU. The City of Pleasanton identified a total of 25 sites for potential rezoning to fulfill their housing shortfall between their RHNA and the existing housing capacity of 3,173 units. Following certification of the Housing Element EIR in January 2023, FCS prepared a streamlining template document for use by the City, applicants, and other third-party consultants to evaluate specific Housing Element implementing projects as they are submitted. As Principal Investigator for Cultural Resources, Dr. DePietro conducted all records searches and research. He coordinated consultation with Native American representatives and prepared the cultural resources analysis.  1125 North Gate Road Project CEQA Guidelines Section 15183 Exemption and Consistency Checklist and Phase I CRA, Contra Costa County, CA: Dr. DePietro directed the preparation of a Phase I CRA for 15183 Consistency Checklist for the 1125 North Gate Road Project, to determine if the project’s specific significant effects were previously addressed in the Contra Costa County 2045 General Plan and CAP EIR (prior Final EIR). The project applicant is proposing to demolish the existing occupied singlefamily home and accessory structure and subdivide the approximately 9.83-acre parcel into 19 lots to accommodate 19 single-family residential units, which includes 16 market rate for-sale single-family residential units and three affordable for-sale single-family residential units. FCS determined that the proposed project is found to be in conformance with the analysis and conclusions of the prior Final EIR.

Furthermore, FCS’s evaluation concluded that the proposed project is consistent with the development density established in the County’s 2045 General Plan and is within the scope of the prior Final EIR, therefore no further CEQA review or documentation is required.  Oak Park Properties Specific Plan EIR, City of Pleasant Hill, CA: FCS prepared an EIR for a 15-acre plan area, which includes a new public library, housing, and athletic fields. The project would also include necessary infrastructure improvements, such as roadway widening, lane configuration improvements, and signal upgrades; new curb and gutter, sidewalks, and ADA facilities; and drainage, utilities (including a possible sewer line removal), lighting, and landscape improvements throughout the Program Area. Dr.

DePietro conducted all records searches and research, performed the field survey for historic and precontact cultural resources, and prepared the CRA.  CityWalk Master Plan EIR, City of San Ramon, CA: FCS prepared an EIR and a fiscal impact analysis and provided planning services for the mixed-use development of residential and commercial uses within the 134.98-acre planning area in the Bishop Ranch Business Park. Dr. DePietro conducted all records searches, research, and performed the field survey for historic and pre-contact cultural resources. He coordinated consultation with Native American representatives, and prepared the CRA that served as the foundation for the project’s resulting CEQA documentation and findings. 369 of 414

CORPORATE RESUME
Philip Ault, MS, LEED AP
Philip Ault, MS, LEED AP, has more than 20 years of experience in noise and air quality environmental impact analysis and is an expert in conducting noise evaluations and impact assessments, applying modeling and measurement techniques to complex land use and infrastructure projects. His experience includes preparing detailed noise studies, quantifying operational impacts, and developing objective mitigation strategies for regulatory compliance. As the Director of Noise and Air Quality Services, Mr. Ault is responsible for overseeing climate-sustainability strategy, noise and air quality studies, and environmental management systems and regulatory compliance with CEQA and NEPA requirements. He has prepared project-level technical noise analyses and programmatic noise and vibration impact analyses for programmatic-level CEQA analyses, including general plans, general plan updates, and specific plans. Mr.

Ault has managed more than 900 projects that included the coordination of technical teams across multiple disciplines, firms, and municipal staff. Mr. Ault has also managed multiple CEQA and NEPA projects that involved the preparation of Addenda, Exemptions, Initial Studies, EIRs, and EAs. In his role as Director of the Noise Team, he trains staff on conducting field noise measurements in compliance with FHWA, Caltrans, FTA, and HUD standards, as well as providing director-level review of all noise analyses. Mr. Ault also provides senior oversight, peer review, and expert testimony for FCS’s noise services. In his role as Director of the Air Quality Team, he guides and trains the air quality team on preparing legally defensible air quality technical analyses. He oversees and manages and provides director level review of all air quality and GHG emissions analyses, HRAs, and energy impact analyses.

Related Experience and Client Summary
 Hidden Canyon Residences and Preserve Project EIR, City of Pleasanton, CA: FCS prepared an EIR for a proposed 28-lot single-family residential subdivision on a 128.5-acre property, including dedication of open space and construction of a Staging Area for the East Bay Regional Park District. As the Senior Noise Scientist, Mr. Ault oversaw the noise monitoring effort and performed the construction and operational noise impact modeling and analysis.

Mr. Ault also oversaw the preparation of and provided director-level review of the air quality and GHG emissions analyses associated with construction and future development buildout and operation of the proposed project.  East Pleasanton Specific Plan EIR, City of Pleasanton, CA: Mr. Ault prepared a Noise Impact Analysis to support the preparation of a Draft EIR for the East Pleasanton Specific Plan in the City of Pleasanton. The Specific Plan encompassed approximately 1,100 acres and included quarry lakes, public facilities, and undeveloped land. The Specific Plan would guide the development of residential (1,300 dwelling units), commercial, industrial, office, and parks/recreation uses within this area, as well as an extension of El Charro Road to the south, to connect with Stanley Boulevard. The project is no longer moving forward; the Draft EIR was released in April 2015, and the City elected not to complete the Final EIR.

Noise Specialist

EDUCATION
Master of Science, Advanced
Environmental and Energy Studies
for Architecture, University of East
London at Center for Alternative
Technology, Wales, UK, 2007
Bachelor of Science, Mathematics,
Bob Jones University, Greenville,
SC, 1991

TRAINING AND

CERTIFICATIONS
US Green Building Council,
Leadership in Energy and
Environmental Design (LEED)
Accredited Professional (AP),
without specialty
TRAFFIX Training, Dowling
Associates, Inc., Oakland, CA
FHWA Traffic Noise Model (TNM)

2.5 and Traffic Noise
Fundamentals Training Course,
Bowlby & Associates, Inc.,
Franklin, TN
Principles of Ecological Design,
Case Studies in Ecological
Design, San Francisco Institute of
Architecture San Francisco, CA
370 of 414

CORPORATE RESUME
Philip Ault, MS, LEED AP

NOISE SPECIALIST
 Mitchell Townhomes Project EIR and Technical Studies, City of Walnut Creek, CA: FCS prepared an EIR and associated technical studies for the Mitchell Townhomes Project EIR in the City of Walnut Creek, California. The proposed project would construct four hundred twenty-two 3-story multi-family dwelling units in townhome-style condominium configuration in approximately 82 building groups on a 22.2-acre site. As the Senior Noise Scientist, Mr. Ault oversaw the noise monitoring effort and performed the construction and operational noise impact modeling and analysis. Mr. Ault also oversaw the preparation of and provided director-level review of the air quality and GHG emissions analyses associated with construction and future development buildout and operation of the proposed project.  Martin Hills Ranch Residential Project EIR, Technical Studies, and Due Diligence Services, Town of Danville, CA: FCS is preparing an EIR and technical studies, and providing Due Diligence Services for the Martin Hills Ranch Residential Project. The project applicant, Bates Stringer—Martin Hills Ranch LLC, is proposing to construct 22 market rate, single family homes with five ADUs, internal roadways, and a driveway on the approximately 102-acre project site. FCS prepared an Aquatic Resources Delineation Report; Biological Assessment for Endangered Species Act Section 7 Consultation and BRA; Biological Constraints Analysis; Breeding Season BUOW Survey Report; Phase I and Section 106 CRAs; and Noise Impact Analysis. The Draft EIR is currently out for public review which will conclude in May, following which FCS will prepare a Final EIR and Response to Comments, as needed. As the Senior Noise Scientist, Mr.

Ault oversaw the noise monitoring effort and performed the construction and operational noise impact modeling and analysis. Mr. Ault also oversaw the preparation of and provided director-level review of the air quality and GHG emissions analyses associated with construction and future development buildout and operation of the proposed project.
 Fresno SEDA Specific Plan Program EIR and Recirculated Program EIR, City of Fresno, CA: FCS prepared the Program EIR and subsequent Recirculated Program EIR for the Fresno SEDA Specific Plan Project for the City of Fresno, California. The proposed project is a Specific Plan for SEDA that would provide for increased density and accelerate housing production throughout the Plan Area. The proposed project would offer flexibility in meeting the evolving needs of households in the region through a multimodal transportation network and diverse housing types and affordability levels. The Program EIR included a detailed programmatic evaluation of activities to be carried out through the Specific Plan and will allow the City to incorporate feasible mitigation measures. However, on August 6, 2024, the Court of Appeal, Fifth Appellate District Court entered an order setting aside City resolutions, decertifying the City’s General Plan Program EIR (General Plan Program EIR) and rescinding the adoption of the GPA, which means the City could no long tier from the General Plan Program or incorporate the General Plan Program EIR or the GPA by reference. As such, FCS prepared a revised Draft Program EIR that removes applicable references to the General Plan EIR and GPA, developed mitigation measures independent of the General Plan Program EIR without reference to the GPA, incorporates errata and information from the previous preparation of response to comments on the previously prepared Program EIR, and addresses the deficiencies identified by the court in the General Plan Program EIR. As the Project Director, Mr. Ault is managing the preparation of the EIR and providing director-level review of the air quality and noise documents.
 Barber Yard Specific Plan Project EIR, City of Chico, CA: FCS is preparing an EIR and supporting technical analyses for the potential environmental effects of a proposed comprehensive planning document that would establish specific guiding principles and strategy for development of a 133-acre area, as well as off-site improvements, including a stormwater detention pond and storm drain alignments and outfall. As the Senior Noise Scientist, Mr. Ault oversaw the noise monitoring effort and performed the construction and operational noise impact modeling and analysis.
371 of 414
Anthony Dover, PE, GE, Principal Engineer | Ninyo & Moore, A SOCOTEC Company

EXPERIENCE
4 Years with Firm
42 Years Total

EDUCATION
MBA, Finance/Management, 1984, University
of Texas at Austin
M.S., Geotechnical Engineering, 1977, Duke
University
B.S., Civil Engineering, 1975, Duke University

REGISTRATIONS
GE 2461 (California)
PE 51445 (California)
PE 48389 (Texas)
FEMA Approved/Badged Contractor for
Disaster Recovery Activities

PROFESSIONAL AFFILIATIONS
Deep Foundations Institute

EXPERIENCE
Anthony Dover, PE, GE
Principal Engineer
Mr. Dover has over 40 years of geotechnical engineering experience including design, construction and field engineering for large public and private sector infrastructure projects, site development and geotechnical engineering for complex industrial projects, and constructability evaluations. He has provided services for bridges and roadways, port and harbor facilities, airports, power plants, water conveyance and storage facilities, petrochemical facilities, oil and natural gas pipelines, earth structures, levees, offshore facilities, and commercial office buildings. Mr. Dover has worked on five continents and brings a practical perspective to the geotechnical services he provides.

PROJECT EXPERIENCE
City of Fremont, Mission Boulevard Pavement Distress and Settlement, Fremont, CA: Technical Advisor during a geotechnical evaluation of pavement distress and settlement at a section of Mission Boulevard along the eastern margin of 44986 and 44998 Pawnee Drive in Fremont, California. The purpose of the evaluation was to evaluate the subsurface conditions along Mission Boulevard where the settlement was observed, and to provide an opinion of the probable cause(s).

HARPD, Weekes Community Park Improvements, Hayward, CA: Technical Advisor providing a geotechnical evaluation for the Hayward Area Recreation and Park District (HARPD) during the Weekes Community Park Access Improvements project, which involved site improvements such as asphalt pavement and base repair replacement for the pedestrian walkway and existing parkway, and the asphalt pavement and base for the new parking lot. The project location was located near the base of East Bay Hills at 27182 Patrick Avenue, Hayward, California, which overlooked the eastern shore of San Francisco Bay. Within the 16.7-acre park, the Weekes Community Center and Weekes Branch Library serve as central facilities, with additional amenities such as baseball and softball fields; basketball, pickleball, and tennis courts; picnic areas; an open turf field; a paved parking loop; and two small parking lots.

City of South San Francisco, De Haro Street Community Project, San Francisco, CA: Principal Engineer during a geotechnical evaluation and geologic hazards assessment for Phase I of the De Haro Street Community project, located near the corner of De Haro and 25th Street.

The conditions of the site included serpentine outcroppings, wood retaining walls, vegetation, crumbling roadways, and a moderately steep gradient trending toward the west. The Conceptual Master Plan included numerous improvements to the park, such as a 300-ft.-long, four-ft.-tall, and approx. 18-in.-wide gabion retaining wall, filled with serpentine like rock; a 12-in.-wide pervious bioswale/gutter at the base of the wall; and an infiltration planter/rain garden.

City of South San Francisco, Orange Memorial Park Aquatic Center, South San Francisco, CA: Principal Engineer during a geotechnical evaluation for the Orange Memorial Park Aquatic Center at 1 West Orange Avenue in South San Francisco, California. The project consisted of the construction of a new 28,500 sq. ft. single-story aquatic center located adjacent to the preexisting Orange Pool, which was to be demolished following the construction of the new aquatic center. The new structure was to contain two 25-yd. pools, a swimmer’s lounge and locker rooms, rentable multi-use/party rooms, and support and mechanical spaces.
372 of 414
City of San Bruno Recreation and Aquatic Center, San Bruno, CA: Technical Advisor during a geotechnical evaluation for the San Bruno Recreation and Aquatic Center project, which included demolition of the existing Veteran’s Memorial Building and San Bruno Park Pool to construct a new two-story, approx. 49,360-sq. ft. San Bruno Recreation and Aquatic Center. This new community center included a community lounge, lobby, gymnasium, indoor pool, walking track, group exercise room, fitness room, community hall, classrooms, conference room and City staff offices. The project also included reconfiguration of the existing parking lot adjacent to the existing Veterans Memorial building and realignment of City Park Way to create a designated parking lot with 71 parking spaces.

Martial Cottle Rancho Estate, San Jose, CA: Principal Engineer during a geotechnical evaluation and geologic hazards assessment for the Ranch Life Estate Project at Martial Cottle Park, which included reuse and stabilization of preexisting structures (house and out buildings), new buildings and structures (public bathrooms, picnic pavilions, flex buildings).

Martial Cottle Park was established by Edward Cottle in 1864 and was maintained as a farm by the Cottle family until 2014 when the family transferred the land to the State and County for development of a public park. The park consists of over three miles of paved trails, picnic areas, a Visitor Center. Active agricultural areas cover a significant portion of the park’s footprint. The Life Estate serves as a public historical agricultural public park, educational facility and working farm.

San Lorenzo Community Park, Phase III, San Lorenzo, CA: Technical Advisor providing a geotechnical evaluation and materials testing services for the San Lorenzo Park expansion project, which involved the renovation and expansion of the community center near the lobby area, as well as the north and south ends of the building. Exterior and interior remodeling work included new exterior siding, seismic upgrades to the building, and replacement of the preexisting electrical, HVAC, and plumbing systems. The renovation also consisted of the demolition and reconstruction of the parking and drive areas to the east of the existing building, as well as the walkways to the south and west of the existing building. The renovation of and addition to the 8,200 sq. ft. single-story community center was Phase III of the overall project.

Linden Avenue Park, South San Francisco, CA: Principal Engineer during geotechnical consulting services for the Linden Avenue Park project, which consisted of site grading, demolition of preexisting structures, and construction of an approx. one acre community park at two adjacent properties, 270 Pine Avenue and 616 Linden Avenue. The project included the construction of a sports court, a recreational space, a play area, pedestrian flatwork, gathering or seating areas, overhead structures, seat walls, and landscaping areas. In addition, Pine Avenue between the two properties included a raised road / speed table, bollards for opening and closing the street, and street parking.

Frontage Road Trail Living Green Trail Improvements, Pittsburg, CA: Principal Engineer during geotechnical consulting services for the Frontage Road Living Green Trail improvements, which included approx. 1,400 linear ft. of a Class I Trail along Frontage Road, bioretention facilities, landscaping, underground utility connections, storm drainage, irrigation, lighting, and other park features and amenities. Services included background review, hand excavation of five locations along the planned pathway to a depth of up to ten ft.; laboratory testing; borehole percolation tests at a depth of approx. 24 in. below the existing grade at two locations to assess infiltration rates for preliminary design; and preparation of a geotechnical evaluation report presenting all findings, conclusions, and recommendations.

Martial Cottle Park Improvements, San Jose, CA: Principal Engineer during geotechnical evaluation services for the Martial Cottle Park Trail Improvements project, which consisted of improvements to 1.44 miles of new trails along Snell Road, Chynoweth Avenue, and Canoas Creek. The purpose of the geotechnical evaluation was to assess the subsurface conditions and relevant geologic hazards at the site, and to provide recommendations for the design and construction of the improvements. The preexisting trails at the park had serious distress issues, and the County attempted to repair the trails using Full Depth Reclamation techniques, which was considered to be unsuccessful given the numerous cracks in the asphalt pavement along the length of the repaired portion of the trail.

Vasona Park Administration Building, Los Gatos, CA: Principal Engineer during a geotechnical assessment of the Vasona Park Administration Building located at 298 Garden Hill Drive in Los Gatos, California. The objective of the assessment was to evaluate the geotechnical conditions at the Administration building, with particular focus on the back deck area where soil erosion had been reported, and to provide feasibility-level recommendations for the building’s potential future use. Services encompassed a comprehensive desk study and field assessment, which included reviewing foundation, structural, and architectural plans alongside readily available geologic literature such as regional geologic maps and reports, historical topographic maps, and historical aerial photographs. A geotechnical site reconnaissance was performed to observe general site conditions, and a floor level survey was conducted using a Pro-Level Manometer to assess the flatness and levelness of the floor. All collected information from the review and site reconnaissance was compiled and analyzed.

Anthony Dover,
Principal Engineer
Anthony Dover, PE, GE, Principal Engineer | Ninyo & Moore, A SOCOTEC Company

LANDSLIDES
373 of 414
Michael Stephenson, MBA, ERM, has more than 31 years of project management, site assessment, and remediation experience gained from working on various projects, including large and complex industrial developments, for both private and municipal clients. Mr. Stephenson’s expertise includes property due diligence, risk management, environmental liability estimation, database management, and statistical data analysis. He has conducted human health and ecological risk assessments, RI/FS, and soil and groundwater characterizations; provided technical support for site closures; and managed several soil and groundwater remediation, monitoring, and investigation for projects involving human health and ecologically based risk analyses.

RELATED EXPERIENCE AND CLIENT SUMMARY
Relevant Project Experience
Barber Yard Specific Plan Project EIR, City of Chico, CA As a subconsultant, Cameron-Cole prepared the Phase I and Phase II ESAs in support of environmental documentation for the Barber Yard Specific Plan, a comprehensive planning document that would establish specific guiding principles and strategy for development of a 133-acre area within the City of Chico, as well as off-site improvements, including a stormwater detention pond and associated storm drain alignments and outfall, which are located within unincorporated Butte County. Formerly occupied by the Diamond Match Factory (1906 to 1975) and Louisiana-Pacific Corporation (1984 to 1989), the site is bound by existing residential neighborhoods, the Union Pacific Railroad, and rural residential and agricultural uses. As the Project Director, Mr. Stephenson oversaw the completion of the Phase I ESA, designed the Phase II sampling program, and advised the City of Chico on potential mitigation measures.

Healthcare and Mixed-use Campus Projects
Brownfield Community-wide Assessment Grant Environmental Services, City of Barstow, CA
Mr. Stephenson directed the Brownfield Community-wide Assessment Grant Environmental Services in which Cameron-Cole provided Phase I and Phase II ESAs for a number of properties in Barstow, California, under an Equitable Community Revitalization Grant in 2024. To date, Cameron-Cole has completed three Phase I ESAs for several sites, including a former golf course, a former hospital, and the site of a future business park. Cameron-Cole has been awarded funding to assess 18 additional sites under this grant. Cameron-Cole has extensive brownfields experience and has proposed to assist the City by providing Phase I ESAs, investigation work plans and fieldwork, and investigation reports.

Projects in the Central Valley
I-580/Corral Hollow Interchange Upgrades IS/MND and Categorical Exclusion, City of Tracy, CA
FCS is preparing an IS/MND under CEQA and a Categorical Exclusion under NEPA with technical studies and agency consultation for the City’s planned widening of Corral Hollow Road to four lanes and enhancements of traffic flow following the build-out of Tracy Hills and other developments. The enhancements will include widening of the existing bridge overcrossing and upgrades to the on- and off-ramps, including two new

MICHAEL

STEPHENSON,

MBA, ERM

HAZARDS/HAZARDOUS

MATERIALS SPECIALIST

OVERVIEW
More than 31 years of experience

EDUCATION
Master of Business Administration,
Saint Mary’s College of California,
Moraga, CA, 2002
Bachelor of Arts, Environmental
Studies, University of California,
Santa Barbara, CA, 1994

CERTIFICATION
Environmental Risk Manager,
Environmental Risk Strategies
Institute, 2007

TECHNICAL EXPERTISE
Site Assessment and Remediation
Environmental Risk Management
Human HRA
Facility Closures
Vapor Intrusion Assessment and
Mitigation

PROFESSIONAL

DEVELOPMENT
40-hour and 8-hour 29 CFR 1910.120
Training, Department of Labor
8-hour 29 CFR 1910.120 Supervisor
Training, Department of Labor
374 of 414

MICHAEL STEPHENSON, MBA, ERM

HAZARDS/HAZARDOUS MATERIALS SPECIALIST
roundabouts. The Caltrans is acting as the Lead Agency for the processing of both CEQA and NEPA documentation. Mr.

Stephenson
Class I Solid Waste Disposal Facility Groundwater Detection Monitoring, Buttonwillow, CA Mr. Stephenson directed detection monitoring programs at the Resource Conservation and Recovery Act (RCRA)-permitted Class I landfill. His responsibilities included RCRA permitting support, groundwater monitoring, well installation and abandonment, well and pump maintenance, the development of soil and soil gas monitoring plans, and the preparation of monitoring reports for submittal to DTSC and RWQCB via the Envirostor and Geotracker databases, respectively.

Other Projects in Northern California
EKN Hotel + Downtown Housing and Economic Overlay Project Focused EIR, Petaluma, CA As the Hazards/Hazardous Materials Project Director, Mr. Stephenson evaluated proposed mitigation measures and responded to public comments on the proposed development.

Historic Lester Cottle Ranch Property Phase I and II ESA and Site Management Plan, Santa Clara County, CA Under oversight from the Santa Clara County Department of Environmental Health (DEH), Cameron-Cole performed Phase I and Phase II ESAs of the life estate parcel of the Lester Cottle Historic Ranch in San José, California. This project included performing a sitewide utility clearance and geophysical survey to identify subsurface obstructions and utilities, preparing a Site Investigation Work Plan, and collecting soil, soil gas, and groundwater samples to complete a conceptual site model that addressed potential risks to users of the site during and following redevelopment. Following completion of the Phase II investigation, Cameron-Cole assisted the Santa Clara County Parks Department with establishing a regulatory oversight agreement with the DEH and defining the objectives for future site characterization and remediation work. The Phase II ESA identified discrete soil impacts to portions of the site historically used for cattle spraying. Remediation of this portion of the site through soil excavation and off-site disposal has been completed and an excavation completion report is being prepared for submittal to the DEH. As the Project Director, Mr. Stephenson established the oversight agreement with the Santa Clara County DEH, developed the sampling plan, and oversaw the implementation of the site investigation and mitigation efforts.

Shoreline Landfill Groundwater Monitoring Services, City of Mountain View, CA Mr. Stephenson has directed the biannual groundwater and surface water monitoring for the closed Class III Shoreline Landfill adjacent to the Sailing Lake since 2001.

Shoreline Regional Park and Municipal Operations Center Dry Weather and Wet Season Observations, City of Mountain View, CA
Mr. Stephenson has provided overall project direction since 2009.

Confidential Development Project, Palo Alto, CA
Mr. Stephenson managed the characterization, remediation, and vapor intrusion assessments for a fast-paced development project in Palo Alto, California. The project included site characterization of a property with a 50-year manufacturing history, selecting a remedy to address the identified impacts, overseeing the remedy implementation and installing a post remediation soil gas monitoring network within a timeframe of 15 months. The development proceeded with minimal impacts to schedule and significant cost and time savings were realized by incorporating elements of the site remedy into the development process.
3315 Almaden Site Assessment, San José, CA
As the Hazards/Hazardous Materials Project Director, Mr. Stephenson developed the site characterization scope of work and the site mitigation strategy.
375 of 414
Education
BS in Civil Engineering
San Jose State University,
San Jose, 2001
Affiliations/Activities
Institute of Transportation Engineers (ITE)
Member
Registration
Traffic Engineer #2787 (CA)
Professional History
2017-Present
W-Trans
2001-2017
DKS Associates
Kenneth Jeong, PE
Senior Traffic Engineer
Kenny Jeong is a Senior Traffic Engineer who manages traffic engineering and transportation planning studies and provides technical support for transportation improvement projects. He is registered in California as a Traffic Engineer.

Kenny received his B.S. in Civil and Environmental Engineering from San Jose State University in 2001. The Bay Area native began his consulting career immediately following graduation from SJSU contributing on Plans, Specifications and Estimates for roadway improvement projects and traffic analyses for development projects all across the Bay Area. Kenny has a broad range of experience including evaluations of traffic operations using micro-simulation, conducting traffic impact studies, reviewing neighborhood and school circulation issues and performing duties as a City Traffic Engineer.

Representative Projects
Traffic Impact Studies/CEQA
Campbell – In-N-Out Burger, Chick-fil-A, 1700 Dell Avenue Office, Franciscan Apartments, Winchester Townhomes and City Sports Club
Contra Costa County – 197 Midhill Road Homes and Windhover Apartments Dublin – Hexcel Development and BASIS School
Fremont – Ardenwood IV Office, Osgood II Residential, 3440 Walnut Avenue Townhomes Oakland – Vista Crest Townhomes, Residential Developments at 820 W. MacArthur Boulevard, 685 9th Street and 220 Alice Street
Palo Alto – Castilleja School EIR, 200 Portage Road, 2850 West Bayshore Road and 3001 El Camino Real
Richmond – 100 38th Street, Brickyard Cove Residential, Power Plant Cultivation Facility, Country Club Homes and UPS Expansion EIR, Marina Way South Residential Development
San Carlos – Alexandria Center for Life Sciences, Hotel Indigo, 888 Bransten Street, 1021 Howard Avenue and 789 Old County Road
San Leandro – Town Hall Square and 14341 Bancroft Avenue Santa Cruz – Ocean Street Mixed Used
Municipal Staff Services
Alameda – On-Call Traffic Engineering Services
Novato – Consulting City Traffic Engineer
San Carlos – On-Call Transportation/Traffic Engineering Services Vehicle Miles Traveled (VMT) Assessment
Berkeley – San Pablo Avenue Affordable Housing
Contra Costa County – Moraga Road Self-Storage, Chelsey Avenue Self-Storage and Senior Homes at 375 El Pintado Road
Newark– Timber Street Townhomes
Richmond– Garrity Way Hotel
San Mateo County – Quarry Park EIR
Vallejo – Admiral Callaghan Self-Storage
Watsonville – Crockers Lockers Self-Storage
Site Planning and Circulation
School Access Studies- Campbell, Gilroy, Castro Valley, Dublin Car Wash Queuing Studies- Delta Car Wash (Campbell), Blue Wave Car Wash (Pittsburg) Alameda County – Safe Routes to School Site Assessments Campbell – School of Innovation Access Study
Castro Valley – Canyon Middle School Traffic Circulation Study Gilroy – South Valley Middle School Access Study
Oakland – Bentley and Head Royce School Traffic Monitoring and Kaiser Permanente COVID-19 Testing Efficiency Study
San Carlos –Downtown Circulation Study
376 of 414
Kenneth Jeong
(continued)
Neighborhood Engineering
Alamo – Iron Horse School Crossing Guard Study
Ashland – Lewelling Boulevard Left Turn Evaluation
Danville – Borel Park Feasibility Study
Dublin, El Cerrito, San Carlos, San Leandro, Novato, and Walnut Creek – Engineering & Traffic Surveys
Richmond – Barrett Avenue Median Study, Various Neighborhood Safety Studies San Carlos – All-Way Stop-Control and Traffic Calming Studies San Pablo – Lake Street Traffic Calming Study
Traffic Signal Evaluation
Castro Valley – Strobridge-Norbridge Avenue Circulation Study Las Vegas – Maryland Boulevard Traffic Signal Priority Study San Francisco – Geary Boulevard BRT Operations Modeling San Leandro – West Davis Street Signal Study, Doolittle Drive/Davis Street Traffic Operations Study
San Jose and Sunnyvale – SCATS Before and After Evaluation San Ramon – Adaptive Signals Before and After Evaluation Street Design and Highway Operations
Fremont – Traffic Impact Fee Update
Half Moon Bay – SR 1 Permit Engineering Evaluation Report Novato – Annual Pavement Rehabilitation and Striping Projects Oakland – San Pablo Avenue Median
San Bruno – El Camino Real/Sneath Lane Widening
San Leandro – MacArthur Boulevard/Superior Avenue Roundabout Study 377 of 414
Environmental Impact Report for the
Union City Hillside Specific Plan and O’Connell Lane Residential Project City of Union City
Appendix B:

Subconsultant Cost Proposals
378 of 414
Task Anthony Dover, PE, GE Principal Engineer Curtis Hall, RG, CEG Senior Geologist Total 1) Background and Data Review 12 20 322) Site Reconnaissance 8 8 163) Evaluation and Reporting 16 32 48 Task $250 $235 TOTAL
1) Background and Data Review $3,000 $4,700 $7,7002) Site Reconnaissance $2,000 $1,880 $3,8803) Evaluation and Reporting $4,000 $7,520 $11,520 $23,100
Notes:These rates are valid for work performed prior to December 31, 2026. Work performed after January 1, 2027, and any subsequent year may be billed at the revised rates established for that year.

Total Fee
O'Connell Lane Hillside Residential Project - Geotechnical Peer Review Ninyo & Moore Fee Estimate

HOURS BY STAFF MEMBER

FEE AT HOURLY RATES INDICATED
Cameron-Cole, LLC Cost Estimate for Phase I ESA
Union City Hillside Specific Plan and O’Connell Lane Residential Project EIR Key Project Role 000
Employee Name Stephenson, M. Barry, R. McGuinness, S.

Task Career Role
Principal
Environmental
Scientist
Environmental
Scientist
Manager I
Environmental
Scientist
Hours 0 0 0 $0.00
Hours 00 5 $475.00
Hours 0 4 10 $1,894.80
Hours 2 4 10 $2,020.00
Total hours 2 8 25
$300.00 $155.00 $95.00
Labor and Subconsultant Subtotals $450.00 $1,240.00 $2,375.00 $4,389.80 Direct Expenses
Travel, Auto, incld. Mileage at current IRS rate (.725/mile) $110.00 Direct Expenses Subtotal $110.00
$4,499.80
$0.00
Total Price $4,499.80
CC Billing Rates
Task 1: Phase I ESA
Site Visit
Records Review
Report
Cameron -Cole Staff
Labor,
Subconsultant,
and Lab Task
Total
380 of 414
Task
Mark
Spencer
Senior
Principal
Kevin
Carstens
QA/QC
Kenny
Jeong
Project
Manager
Assistant
Engineer Admin 2
Misc ODCs
(including
traffic counts,
VMT
Modeling,
Mileage, etc.)
Total Hours
1) Non-CEQA Analysis 4 2 25 77 23 $14,047 131
2) CEQA Analysis 4 2 21 49 0 $33,000 76
3) Project Management 9 0 16 0 3 $223 28
17 4 62 126 26 $47,270 235
Task $340 $235 $220 $145 $150 LS TOTAL
1) Non-CEQA Analysis $1,360 $470 $5,500 $11,165 $3,450 $14,047 $35,992 2) CEQA Analysis $1,360 $470 $4,620 $7,105 $0 $33,000 $46,555 3) Project Management $3,060 $0 $3,520 $0 $450 $223 $7,253 $5,780 $940 $13,640 $18,270 $3,900 $47,270 $89,800
O’Connell Lane Residential Project - Transportation Analysis W-Trans Fee Estimate

HOURS BY STAFF MEMBER

FEE AT HOURLY RATES INDICATED
These rates are valid for work performed prior to December 31, 2026. Work performed after January 1, 2027, and any subsequent year may be billed at the revised rates established for that year. * Mileage charge will be based on the IRS Standard Mileage Rate (set at $0.725/mile effective January 1, 2026) plus 10 percent. 381 of 414
Item 6.2
Consulting Services Agreement
with First Carbon Solutions for the
O’Connell Lane Residential Project EIR
382 of 414

2 Hillside Area Plan - Background
• 1989 | Measure B required preparation of the Hillside Area Plan (HAP) and established 16 planning goals to guide future preservation and development efforts
• July 25, 1995 | The current HAP adopted with detailed policy guidance on future development including a requirement that a Specific Plan be prepared prior to any development taking place in hillside lands designated “Agricultural” as of July 17, 1989
• 1996 | Measure II ratified the 53 Development policies in the HAP and required any changes be subject to voter approval 383 of 414

3 Hillside Area - Background
• 2020 | Calibr approached City with two residential developments:
§ O’Connell Lane Residential Project
§ Agricultural General Plan and Zoning
§ Appian Way Project
§ R-6000 Residential General Plan and Zoning
• 2021 | City hired consultant to prepare Specific Plan • 2022-2024 | Calibr subsequently requested:
§ Process Appian Way Project separately as it did not require preparation of Specific Plan
§ Pause preparation of the Specific Plan; applicant indicated they would submit a draft Specific Plan for City review 384 of 414

4 Proposed Project
Received O’Connell Land Residential Project application development within the Hillside Area Plan Area (Feb 2026) § Draft Specific Plan, referred to as the Union City Hillside Specific Plan (“UCHSP”), focused on the lands included in the Project scope;
§ Related General Plan and Zoning Map/Text Amendments to implement the UCHSP (AG-26-001, AT-26-001, A-26-001);
§ Tentative Tract Map to accommodate up to 403 single-family and multi-family residential units clustered on 57 acres (TTM26-001); and § Development Agreement
385 of 414

5 Proposed Project
Additional project components:
§ On- and off-site infrastructure to support the new development including upgrades to O’Connell Lane and a new water tank in Fremont;
§ Approximately 1,047 acres within Union City and
approximately 158 acres within Fremont offered for dedication to East Bay Regional Park District (“EBRPD”); and
§ A new EBRPD recreational staging area in Fremont and
related access road.
386 of 414

6 Proposed Project
387 of 414

7 CEQA Consultant Selection
§ EIR required to evaluate the project consistent with the California Environmental Quality Act (CEQA)
§ The City requested a proposal from two well-qualified firms on the City’s pre-qualified Consultant List
§ Staff recommends First Carbon Solutions’ proposal
388 of 414

8 Status and Next Steps
§ Staff completed an initial review of the application and provided comments regarding completeness in May
§ Next steps
§ Begin assessing the draft Specific Plan, GP and Zoning Amendments, and other project components for
consistency with the City’s General Plan, the HAP, and
other relevant policies
§ Initiate the environmental review process
§ Community engagement
389 of 414

9 Fiscal Impact
• No impact to the General Fund
• Calibr will pay for preparation of EIR
• Calibr will also pay for City staff’s time to manage
consultant and environmental process
390 of 414

10 Staff Recommendation
Staff recommends that the City Council adopt:

Resolution authorizing the City Manager to enter into a Consulting Services Agreement, in a form approved by the City Attorney, with First Carbon Solutions, in the not to exceed amount of $527,946 for environmental review services and to prepare an EIR in conformance with CEQA for the O’Connell Lane Residential Project
391 of 414
City Council Staff Report Page 1 of 4 June 23, 2026
Staff Report
Agenda Item No. 6.3
DATE: June 23, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Receive Report and Provide Policy Direction on Potential Ballot Measure for Voter Consideration at the November 2026 General Municipal Election

EXECUTIVE SUMMARY
Staff recommends that the City Council receive this report and provide policy direction regarding the placement of a potential ballot measure for voter consideration in the November 2026 General Municipal Election. Specifically, staff is seeking direction on whether to proceed with renewing Union City's Measure WW – a 5% Utility Users’ Tax.

If so, City Council direction is needed on:

1. Whether to retain it at the current 5% tax rate applied to electricity, gas, video, and telecommunications, or to make any adjustments; and

2. The duration of the renewal at a specified term beyond December 31, 2028.

STRATEGIC PLAN ALIGNMENT
This item is in alignment with Goal A. Financial Stability and Sustainability of the City Council Strategic Plan. Under Goal A, it is related to the following strategies:
• Strategy 1. Develop a comprehensive fiscal sustainability model to address the General Fund’s long-term structural deficit.
• Strategy 8. Determine the feasibility of a revenue ballot measure for November 2024 and/or November 2026 to address critical facilities and infrastructure needs. • Strategy 9. Pursue the placement of a voter-approved revenue measure on a ballot to address the funding gap between revenues and expenditures for fundamental public safety and other city services.

BACKGROUND
In November 2020, Measure WW was placed before Union City voters and approved by

56.9% of voters. This established a 5% Utility Users’ Tax (UUT) that applied to electricity, gas, video, and telecommunications. However, the existing UUT, without further voter 392 of 414
Agenda Item No. 6.3
City Council Staff Report Page 2 of 4 June 23, 2026
authorization, will expire on December 31, 2028.

The UUT generates approximately $7 million annually in City general fund revenue, which is allocated to critical City services, including public safety (police and fire), road maintenance, youth activities, and senior programming. The UUT is set to expire December 31, 2028, prompting forward planning to prevent discontinuity in essential service funding. Because this revenue stream represents a significant portion of the City’s general fund, the City Council has recognized the importance of maintaining this locally controlled voter-approved revenue source to provide the City with long-term financial stability and to protect vital City services.

The City Council has been considering potential options related to a possible UUT renewal and potential increase since late summer and early fall of 2025. The City engaged TeamCivX and Godbe Research to provide professional services and to conduct a community survey to evaluate potential options for the UUT. To aid in this analysis, the City Council also formed a Revenue Review Ad Hoc Subcommittee comprised of Mayor Gary Singh and Councilmember Lance Nishihira.

Godbe Research conducted a community survey of likely voters in November 2026 to gauge community attitudes toward a potential UUT extension and rate adjustment. The survey results provided insight into voter perspectives regarding possible rate increases, duration options, and continued support for the existing tax. Based on the results, which were presented to City Council at its meeting on March 10, 2026, the City Council provided initial direction to prioritize an extension of the existing UUT without an increase in the tax rate, and to return for discussion of the duration.

DISCUSSION
Community Survey/Polling
Between January 20 and February 7, 2026, Godbe Research conducted a community survey of likely voters in Union City for the November 2026 election via both phone and online platforms. The survey yielded a sample size of 468 respondents, with a margin of error of ±4.48 %. Several renewal scenarios were proposed, including maintaining the current 5% tax rate, increasing it to varying rates up to 7.5%, setting a fixed term of 8 to 16 years, or maintaining the UUT until voters end it. Table 1 summarizes the survey results; however, the full report is also available in the March 10, 2026 presentation.

Table 1. Summary of 2026 Community Survey/Polling Results on the Utility Users’ Tax

A B C D E F G
Initial
(Uninformed,
5%+2.5%)
Interim
(Informational
Statements,

7.5%)
Final
(Critical
Statements,

7.5%)
Alt. 1
(6.5%)
Alt. 2
(16-
year)
Alt. 3
(8-year)
Alt. 4
(5% at
8-year)
Support 44.5% 50.9% 43.5% 48.8% 43.4% 46.4% 55.4%
Oppose 36.7% 37.0% 46.8% 41.0% 45.0% 43.6% 35.8%
Don’t
Know 18.8% 12.1% 9.7% 10.2% 11.6% 10.0% 8.8%
393 of 414
Agenda Item No. 6.3
City Council Staff Report Page 3 of 4 June 23, 2026
Community and Stakeholder Outreach
Staff conducted community and stakeholder outreach over the past few months to better inform the public about the City’s budget and financials. Presentations were made to, among others, City Commissions, Boards, and Committees, and delivered to external organizations, including the Union City Chamber of Commerce and the Lions Club.

Additionally, in June 2026, the City provided a financial update and discussed the expiring UUT at its four District Dialogue Meetings, providing further opportunity for community feedback and understanding.

To ensure residents remain well informed, the City has developed a webpage (https://www.unioncityca.gov/uut) on the expiring UUT and distributed informational handouts including a Factsheet and Frequently Asked Questions (FAQs). The City’s semi-annual community newsletter (Spring/Summer 2026 Edition) also included information on the City’s budget, expiring UUT, and renewal under consideration. These materials are available both in print at all City facilities and online on the City’s website.

Next Steps
Given the Alameda County Registrar of Voters deadline of August 7, 2026, for ballot measure placement on the November 2026 General Municipal Election, this report seeks City Council’s policy guidance on two parameters should the City proceed with a renewal of the UUT: the tax rate and duration/term. With City Council direction, City staff will begin drafting the necessary resolution and ordinance to define the specifics of the ballot measure. Formal approval and a final decision from the City Council for placement of a ballot measure would then be sought in July 2026.

FISCAL IMPACT
There is no immediate impact associated with the consideration of this item. The fiscal impact on the General Fund would depend on the direction received by the City Council and the outcome of any potential ballot measure.

Maintaining the existing UUT at the current rate of 5%, if approved by voters, secures approximately $7 million annually for Union City’s essential services. Any adjustment to the rate will have a corresponding impact on revenue generation.

Alternatively, the City Council may choose not to proceed with the placement of a measure on the November 2026 General Municipal Election ballot. However, failure to act before the December 2028 expiration risks a sudden loss of approximately $7 million annually, which will likely necessitate mid-fiscal-year service cuts or alternative revenue strategies. Delaying the renewal effort until a future election cycle, such as the November 2028 General Municipal Election, would create significant uncertainty for the City’s upcoming budget cycle.
394 of 414
Agenda Item No. 6.3
City Council Staff Report Page 4 of 4 June 23, 2026

RECOMMENDATION
Staff recommends that the City Council receive this report and provide policy direction regarding the placement of a potential ballot measure for voter consideration in the November 2026 General Municipal Election. Specifically, staff is seeking direction on whether to proceed with renewing Union City's Measure WW – a 5% Utility Users’ Tax.

If so, City Council direction is needed on:

1. Whether to retain it at the current 5% tax rate applied to electricity, gas, video, and telecommunications, or to make any adjustments; and

2. The duration of the renewal at a specified term beyond December 31, 2028.

Prepared by: Jennifer Phan, Deputy City Manager
Submitted by: Jennifer Phan, Deputy City Manager
395 of 414
Item 6.3: Policy Direction on Potential Ballot
Measure on November 2026 Election
June 24, 2026 City Council Regular Meeting
396 of 414
2 Background
July, August,
September
2025
• Engaged
TeamCivX/Godbe
Research to Evaluate
Community Support
• Reviewed Long-Term
Financial Forecast
• Formed Revenue Review
Ad Hoc Subcommittee
October,
November,
December 2025
• Convened Meetings with
Revenue Review Ad Hoc
Subcommittee
• City Council Received
Report on
Recommendations and
Provided Initial Policy
Direction
January,
February,
March 2026
• Conducted Community
Survey from January 20-
February 7, 2026
• City Council Reviewed
Community Survey
Results and Provided
Further Policy Direction
May & June
2026
• Conducted
Informational Outreach
(Webpage, Newsletter,
Handouts, and
Presentations)
• Seeking Final Policy
Direction on Potential
Ballot Measure
July 2026
• Develop Ballot Measure
Language
• Adopt Resolution and
Ordinance Placing Ballot
Measure on November
2026 Election Before
August 7 Deadline
Given the City’s long-term financial forecast, the City Council expressed an interest in exploring possible voter-approved revenue measures to address anticipated future gaps in funding City services.
397 of 414
3 Locally Approved Utility Users’ Tax
(Measure WW, 2020)
• Utility Users’ Tax (UUT) is a key
local funding source
• Applies 5% to electricity, gas, video,
and telecommunications services
• Set to expire December 31, 2028
unless renewed by local voters
• If not renewed:
• Loss of approximately $7
million annually
• Potential cuts to City services
Item 6.3:

Policy Direction on Potential Revenue Measure on November 2026 Election 398 of 414
4 Fiscal Accountability and Local Control
Fiscal accountability safeguards:
• Public disclosure spending and
annual public reports to the
community
• An independent oversight
committee and annual independent
financial audits
• All funds must be used locally for
services in Union City and cannot be
taken away by the state or federal
governments
• Seniors and low-income residents
remain eligible for an exemption
Item 6.3:

Policy Direction on Potential Revenue Measure on November 2026 Election 399 of 414
5 Two Primary Sources
• 39% - Property Tax
• 21% - Sales Tax
22% Taxes Locally Approved
85% Revenues from Taxes
15% Remaining Sources
• Charges for Services
• Licenses & Permits
• Interest Earnings
• Other
Property Tax
Sales Tax
Sales Tax-Meas
AA (2010)
UUT-Meas WW
(2020)
Business TaxMeas QQ (2024)
Franchise Tax
Other Taxes
Charges for
Licenses &  Services
Permits
Interest
Earnings
Other
General Fund Revenues – FY 2025-2026
$85.2M
400 of 414
6 Albany
Alameda
Berkeley
Oakland
Piedmont
Alameda County
San Leandro
Emeryville
Hayward
Union City
Newark
Dublin
Fremont
Livermore
Pleasanton

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%

7.0%

8.0%

9.0%

10.0%

7.5% 7.5% 7.5% 7.5%

6.5%

5.5% 5.5% 5%

6.5%
to

9.5%

5.7%
to
6%

2.5%
to

3.5%
Piedmont – Also $1/month for water
Revenue – Utility Users’ Tax Rates
401 of 414
7 Item 6.3:

Policy Direction on Potential Revenue Measure on November 2026 Election Community Survey/Polling Results
• Support is on the lower end of required threshold, but still above 50% • City Council last provided initial direction to prioritize an extension of the existing UUT without an increase in the tax rate, and to return for discussion of the duration

A B C D E F G
Initial
(Uninformed,
5%+2.5%)
Interim
(Informationa
l Statements,

7.5%)
Final
(Critical
Statements,

7.5%)
Alt. 1
(6.5%)
Alt. 2
(16-
year)
Alt. 3
(8-year)
Alt. 4
(5% at
8-year)
Support 44.5% 50.9% 43.5% 48.8% 43.4% 46.4% 55.4%
Oppose 36.7% 37.0% 46.8% 41.0% 45.0% 43.6% 35.8%
Don’t
Know 18.8% 12.1% 9.7% 10.2% 11.6% 10.0% 8.8%
402 of 414
8 Item 6.3:

Policy Direction on Potential Revenue Measure on November 2026 Election Future Election Cycles
• Timing of any future potential ballot measures would need to take into consideration locally approved measures and its expiration dates (namely the UUT and ½ Cent Sales Tax)
General
Elections 2026 2028 2030 2032 2034 2036
Suggested
Renewal UUT  ½ Cent Sales Tax
UUT*
Expiration
UUT
Expires
December
2028
½ Cent Sales
Tax Expires
March 2034
UUT Expires
December
2036*
* Assuming 8-year renewal of UUT
403 of 414
9 Community and Stakeholder Outreach
Presentations
and Meetings
Handouts and
Publications
Dedicated City
Webpage
www.unioncityca.gov/uut
404 of 414
10 Recommendation
Staff  recommends  that  the  City  Council  receive  this  report  and provide  policy  direction  on  whether  or  not  to  proceed  with renewing the Utility Users’ Tax in the November 2026 General Municipal Election. And if so:

1. Whether  to  retain  it  at  the  current  5%  tax  rate  applied  to electricity,  gas,  video,  and telecommunications,  or to  make  any adjustments; and

2. The  duration of  the  renewal  at  a  specified  term  beyond December 31, 2028.

Item 6.3:

Policy Direction on Potential Revenue Measure on November 2026 Election 405 of 414
City Council Staff Report Page 1 of 3 June 23, 2026
Staff Report
Agenda Item No. 6.4
DATE: June 23, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Kris Kokotaylo, City Attorney
SUBJECT: Adopt a Resolution Approving First Amendment to Employment Agreement with Farooq Azim to Serve as Extra Help to the City Engineer

EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution approving the First Amended Employment Agreement with Farooq Azim to continue to provide services to fill the critically needed position of extra help to the City Engineer.

STRATEGIC PLAN ALIGNMENT
This item is not directly related to the strategic plan.

BACKGROUND
Farooq Azim (“Azim”) retired from the City in the position of City Engineer, effective October 6, 2025. Government Code Section 7522.56(f) requires a 180-day waiting period before a retired annuitant can be employed by a CalPERS agency unless the nature of the employment meets one of the statutory exceptions and is approved via resolution by the governing body. Thus, under state law, annuitant Azim could not be employed by the City prior to April 4, 2026, unless an exception applied. Government Code Section 7522.56(f)(1) permits the legislative body of a public employer to employ an annuitant upon making specified findings certifying the nature of the employment and finding that the appointment is necessary to fill a critically needed position before 180 days have passed.

On October 14, 2025, the City Council adopted Resolution No. 2025-138 approving an exception to the 180-day waiting period for post-retirement employment of Farooq Azim to fill the critically needed position of extra help to the City Engineer and making the necessary findings pursuant to California Government Code Sections 7522.56(f)(1) and 21224, as discussed above.

The terms of the Employment Agreement state that the term is limited to June 30, 2026, and that the hourly rate is $115.03. Such terms are in conformance with CalPERS 406 of 414
Agenda Item No. 6.4
City Council Staff Report Page 2 of 3 June 23, 2026
regulations.

The current Resolution would extend the term of the current employment agreement with Azim from June 30, 2026, to December 31, 2026, as staff has found that the need for extra help identified in the original resolution remains.

DISCUSSION
By and through adoption of Resolution No. 2025-138 on October 14, 2025, the City Council found Azim’s appointment qualified for an exception under Government Code section 7522.56(f) permitting employment before the expiration of the 180 days. Further, Council’s adoption of Resolution No. 2025-138 made the specific findings regarding the hiring of a retired annuitant subject to CalPERS regulations, as outlined in Government Code Section 21224.

As a CalPERS extra-help retired annuitant, Azim is eligible for this exemption based on his role performing work of limited duration (no more than 960 hours per fiscal year), including eliminating backlogs, limited-term special project work, and/or work in excess of what regular permanent staff can do. In this instance, the limited-term special project relates to assisting with the following projects, as well as other projects as assigned, for which Azim is uniquely qualified from his years of experience working for the City:
• Transitioning all Land Development Projects and Clean Water Program responsibilities to the new City Engineer;
• Closing out other land development or CIP projects;
• Continuing the project manager (PM) role for the BART At-Grade Pedestrian Crossing during permitting prior to the start of construction and transferring other UP improvements;
• Coordinating the relocation of Verizon’s fiber optic line in UP’s right of way, which is to begin on October 6, 2025;
• Reviewing and approving the improvement plans and Parcel Map for the Lazuli Landing development and helping resolve staging for this project; • Helping resolve the several outstanding items for Lennar development, including alignment of Decoto Road/9th Street, CPUC easement, angled parking, approval of submittals for the storm drain system, and discussions regarding a fiber optic line to the Corp Yard; and
• Helping close out the Sea Breeze Park improvements associated with Nuvera Homes.

The current Resolution would extend the term of the employment agreement with Azim from June 30, 2026, to December 31, 2026, as staff has determined that additional help is still needed to facilitate the transition of duties to the newly hired City Engineer. Other than the duration of the employment, the terms remain unchanged. The hourly rate remains $115.03 and is limited to a total of 1,200 hours in conformance with CalPERS regulations.
407 of 414
Agenda Item No. 6.4
City Council Staff Report Page 3 of 3 June 23, 2026

FISCAL IMPACT
Sufficient funding is available within the Adopted Budget to fund this amendment to the retired annuitant Employment Agreement with Farooq Azim due to the vacancies within the Public Works Department.

RECOMMENDATION
Staff recommends that the City Council adopt a Resolution approving the First Amendment to the Employment Agreement with Farooq Azim to serve as Extra Help to the City Engineer.

Prepared by: Erica Gonzalez
Submitted by: Kristopher Kokotaylo, City Attorney
Attachments

1. Draft Resolution

2. Exhibit A – Annuitant Agreement
408 of 414